Crim Law 1 Midterm Exam 3e623g

1. Definition of Criminal Law and the main characteristics of Philippine Criminal Law Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. Characteristics of Philippine Criminal law a. GENERAL. Criminal law is binding on all persons who live or sojourn in Philippine Territory. (Article 14, Civil Code of the Philippines) b. TERRITORIAL. Criminal laws undertake to punish crimes committed within Philippine territory. The principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only within its territory. c. PROSPECTIVE. A penal law cannot make an act punishable in a manner in which it was not punishable when committed. 2. Exemptions to Characteristics/cardinal features of criminal law. There are cases where our Criminal Law does not apply even if the crime is committed by a person residing or sojourning in the Philippines. These constitute the exceptions. The opening sentence of Article 2 of the Revised Penal Code says that the provisions of this Code shall be enforced within the Philippine Archipelago, “except as provided in the treaties and laws of preferential application.” Article 14 of the Civil Code provides that penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations. PERSONS EXEPMT FROM THE OPERATION OF OUR CRIMINAL LAWS BY VIRUTE OF THE PRINCIPLES OF PUBLIC INTERNATIONAL LAW. The following are not subject to the operation of our criminal laws: 1) Sovereigns and other chiefs of state. 2) Ambassadors, ministers plenipotentiary, ministers resident, and charges d’affaires. 3. Exceptions to the Territoriality Rule in Criminal Law Article 2 of the Revised Penal Code Provides that its provisions shall be enforced outside of the jurisdiction of the Philippines against those who: I. Should commit and offense while on a Philippine ship or airship; II. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Government of the Philippines;

III.

IV. V.

Should be liable for acts connected with the introduction into the Philippines of the obligations and securities mentioned in the preceding number; While being public officers or employees, should commit an offense in the exercise of their functions; or Should commit any of the crimes against national security and the law of nations, defined in Title One of book Two of the Revised Penal Code.

4. Concept of Ex Post Facto Law Ex Post Facto Law is Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. 5 kinds of an ex post facto law: 1. It declares an act as criminal although at the time it was committed, it was not a crime. 2. When it aggravates the seriousness of the crime already committed. 3. It imposes a higher penalty than that provided by law at the time it was committed. 4. If the law makes it easier to establish the guilt by the prosecution. 5. If it requires a lesser quantum of evidence. 5. Void for Vagueness Doctrine, Doctrine of Pro reo and Equipoise Doctrine in Criminal Law VOID FOR VAGUENESS DOCTRINE is a doctrine requiring that a penal statute define a criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement. Under the void-for-vagueness doctrine, a vague law is a violation of due process because the law does not provide fair warning of a prohibition and fails to set standards for enforcement that would govern the exercise of the police power. DOCTRINE OF PRO REO is when there is doubt on whether the law/s should be applied, all doubts should be resolved in favor of the accused. EQUIPOISE DOCTRINE is when the evidence of the prosecution and of the defense is equally balanced, the scale should be titled in favor of the accused in obedience to the constitutional presumption of innocence.

6. Dolo and Culpa There is deceit (dolo) 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. Dolo is intentional, while culpa is not. Where there is intent there can be no negligence. Mens rea refers to the mental component. It applies only to intentional felonies. (state of mind required in order for the person to be criminally liable) Exception: Malum Prohibitum is wrong only because a statute makes it so Deliberate intent (dolo) is equivalent to malice which is the intent to do inquiry to another. In order that an act or omission may be considered as having been performed or incurred with deliberate intent, the following requisites must concur: I. He must have freedom while doing an act or omitting to do an act; II. He must have intelligence while doing the act or omitting to do the act; III. He must have intent while doing the act or omitting to do the act. 7. Distinction of crimes mala in se and crimes mala prohibita The following are Distinction of crimes mala in se and crimes mala prohibita: a. Intent (criminal intent) governs in mala in se while intent is immaterial (unnecessary) in Mala Prohibita b. Good faith may be used as a defense in Mala in se, while in Mala prohibita good faith and lack of intent are not valid defenses c. In mala in se the stages of execution affect the penalty imposed in crimes mala in se, the penalty depends on whether the crime is consummated, frustrated or attempted, while in mala prohibita the stages of execution are not considered d. In mala in se circumstances affecting or modifying criminal liability are considered or taken into , justifying, exempting, mitigating, aggravating and alternative. In mala prohibita there are no circumstances affecting or modifying criminal liability because what the law punishes is the commission of the prohibited act. e. Mala in se is wrong from their nature, while mala prohibita is wrong because it is prohibited by special laws f. Mala in se are crimes so serious in their effects on society as to call for almost unanimous condemnation of its while mala prohibita are violations of mere roles and conveniences designed to secure a more orderly regulation. g. Mala in se is punished under the Revised Penal Code while Mala prohibita is punished by Special Laws h. Basis of mala in se is intent while the basis of mala prohibita is voluntariness

8. Concept of conspiracy and particular rules in conspiracy Article 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

9. Entrapment vs. Instigation The following are differences of Entrapment and Instigation: a) Entrapment are ways and means are resorted to for the purpose of trapping and capturing the law breaker in the execution of his plan while Instigation is that the instigator practically induces the would-be accused into the commission of the offense and himself becomes a co-principal. b) In entrapment the means originate from the mind of the criminal while in instigation the law enforcer conceives the commission of the crime and suggests to the accused who carries it into execution. c) In entrapment a person has planned or is about to commit a crime and ways and means are resorted to by a public officer to trap and catch the criminal while in instigation a public officer or a private detective induces an innocent person to commit a crime and would arrest him upon or after the commission of the crime by the latter. d) Entrapment is no a bar to the prosecution and conviction of the lawbreaker while instigation is that the accused must be acquitted because the offender simply acts as a tool of the law enforcers. EXAMPLE OF ENTRAPMENT A, a government anti-narcotics agent, acted as a poseur buyer of shabu and negotiated with B, a suspected drug pusher who is unaware that A is a police officer. A then paid B in marked money and the latter handed over a sachet of shabu. Upon signal, the cops closed in on B. EXAMPLE OF INSTIGATION A, leader of an anti-narcotics team, approached and persuaded B to act as a buyer of shabu and transact with C, a suspected pusher. B was given marked money to pay C for a sachet of shabu. After the sale was consummated, the cops closed in and arrested both B and C.

10. Proximate Cause PROXIMATE CAUSE is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces an injury, and without which the result would not have occurred. There is no liability in the following circumstances: 1. One cannot be held liable for the death of another where the injury inflicted cannot possibly produce death. 2. If there is an efficient intervening cause which breaks the relationship between the cause and effect. 3. If death was due to the intentional act of the victim. NOTE: He may not have touched another, but he could still be held liable for the death or injury caused if one instilled fear in the victims mind which forced the person to do an act which caused his death or injury. *** An EFFICIENT INTERVENING CAUSE is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act and/or fact absolutely foreign from the felonious act of the accused. *** A supervening event is an unforeseen, intervening, an additional event or cause. A supervening cause is an event that operates independently of anything else and becomes the proximate cause of an accident. 11. Motive and intent and when motive is essential Motive is the moving power which impels one to act for a definite result. Intent is the purpose to use a particular means to effect such result. The following are distinctions of Motive and intent: a. Motive is the reason/moving power which impels one to commit an act for a definite result. (e.g. revenge, anger, hatred or jealousy) while Intent is the purpose to use a particular means to bring about a desired result (not a state of mind, not a reason for committing a crime) b. When there is motive in the commission of a crime, it always comes before intent. But a crime maybe committed without motive. If intentional, a crime cannot be committed without intent. Intent is manifested by the instrument used by the offender. GENERAL RULE: Motive is Immaterial. When Motive is Important? i. The act brings about variant crimes ii. When the perpetrator has not been positively identified as when nobody witnessed the commission of the offense iii. To determine whether a shooting was intentional or accidental iv. To determine the specific nature of the crime v. When the accused claims self-defense

*** proof on motive us not indispensable where guilt is established by sufficient evidence. 12. Attempted/Frustrated/Consummated Felony (focus on the cases) 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 by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

13. Light/Less Grave and Grave Felonies including penalties Article 7. When light felonies are punishable. - Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. Article 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with article 25 of this Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article. Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided.

14. Concept of an impossible crime/Elements of impossible crimes By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on of the employment of inadequate or ineffectual means. (Art. 4, Par. 2)

Requisites: 1. The act performed would be an offense against persons or property; 2. The act was done with evil intent; 3. Its accomplishment is inherently impossible or that the means employed is either inadequate or ineffectual; 4. The act performed should not constitute a violation of another provision of the RPC. 15. Praeter Intentionem/Aberratio Ictus/Error in Personae ABBERATIO ICTUS (Mistake in the blow) - A person directed the blow at an intended victim but because of poor aim, that blow landed on somebody else. - The intended victim as well as the actual victim are both at the scene of the crime - It generally gives rise to a COMPLEX CRIME, that being so, the penalty for the serious crime is imposed on the maximum period. - The only time when complex crime may not result is when one of the resulting felonies is LIGHT FELONY. ERROR IN PERSONAE (Mistake in the identity) - The intended victim was not at the scene of the crime, it was the actual victim upon whom the blow was directed, but he was not the intended victim. There was really a mistake in identity. - It is mitigating if the crime committed is different from that which is intended - If the crime committed is the same as the crime intended, error in personae does not affect the criminal liability of the offender. Doctrine of transferred intent – When X intended to shoot Y but instead, the bullet hit Z. The intended result is the actual result, that is, the intent to kill Y is now the intent to kill Z. - The legal consequence is that the person will be charged for the actual crime but the penalty will be in accordance with Article 49. PRAETER INTENTIONEM (Actual Result greater than that intended) - The actor is entitled to a mitigating circumstance of lack of intent to commit so grave a wrong. (par 3, Art. 13) - There must be a notable disparity between the means employed and the resulting felony. 16. The effects of the presence of a mitigating/ justifying/ exempting/ aggravating circumstance in a crime JUSTIFYING CIRCUMSTANCE – No crime, No criminal liability, and no civil liability EXCEPT state of necessity. EXEMPTING CIRCUMSTANCE – There is a crime, No criminal liability, with civil liability EXCEPT accident and insuperable cause.

MITIGATING CIRCUMSTANCE – There is a crime, Decreased criminal liability, with civil liability. AGGRAVATING CIRCUMSTANCE – There is a crime, Increased criminal liability, with civil liability ALTERNATIVE CIRCUMSTANCE – There is a crime, Increased or Decreased criminal liability 17. Elements of the justifying circumstance of the state of necessity and performance of duty and obedience to a superior The following are the elements of the justifying circumstance of the state of necessity (Avoidance of Greater Evil): 1) Evil sought to be avoided actually exist 2) Injury feared be greater than that done to avoid it 3) There is no other practical and less harmful means of preventing it (Article 11, (4), RPC) *** The evil or injury sought to be avoided must not have been created by the one invoking the justifying circumstances. EXCEPTION: There is civil liability under this paragraph. They shall be liable in proportion to the benefit which they may have received. The following are the elements of performance of duty or lawful exercise of right: 1) Offender acted in performance of duty or lawful exercise of a right/office 2) The resulting felony is the unavoidable consequence of the due fulfillment of the duty or the lawful exercise of the right or office. *** If first Condition is present, *** but the Second is not because the offender acted with culpa,  The offender will be entitled to a privileged mitigating circumstance.  The penalty would be reduced by one or two degrees. The following are the elements of Obedience of Superior Order: 1) Order must have been issued by a superior 2) The order is for some lawful purpose 3) The means used to carry it out must be lawful *** A subordinate is not liable for carrying out an illegal order of his superior,  If he is not aware of the illegality of the order and  He is not negligent. 18. The Battered Woman Syndrome Battered Woman Syndrome is now also accepted as a valid defense. In people vs. Genosa, the court ruled that the battered woman syndrome is characterized by a “CYCLE OF VIOLENCE”, which is made up of three phases.

1) First Phase: THE TENSION_BUILDING PHASE Where minor battering occurs, it could be a verbal or slight physical abuse or another form of hostile behavior. The woman tries to pacify the batterer through a show of kind, nurturing behavior, or by simply staying out of the way. Bu this proves to be unsuccessful as it only gives the batterer a notion that he has the right to abuse her. 2) Second Phase: ACUTE BATTERING INCIDENT Characterized by brutality, destructiveness, and sometimes death. The battered woman has no control; only the batterer can stop the violence. The battered woman realizes that she cannot reason with him and resistance would only worsen her condition. 3) Third Phase: TRANQUIL PERIOD Characterized by guilt on the part of the batterer and forgiveness on the part of the woman. The batterer may show a tender and nurturing behavior towards this partner and the woman also tries to convince herself that the battery will never happen again and that her partner will change for the better. 19. Elements of Insanity as a modifying circumstance IMBECILE is one who, while advanced in age, has a mental development comparable to that of children between 2 and 7 years of age. Exempt in all cases from criminal liability. INSANE is when there is a complete deprivation of intelligence in committing the act but capable of having lucid intervals. During a lucid interval, the insane acts with intelligence and thus, not exempt from criminal liability.  Insanity is a defense in the nature of confession and advance and must be proved beyond reasonable doubt  Evidence of insanity must refer to o The time preceding the act under prosecution or o At the very moment of its execution  Insanity subsequent to commission of crime is not exempting  Feeblemindedness is not imbecility THE FOLLOWING ARE THE TWO TESTS FOR EXEMPTION ON THE GROUNDS OF INSANITY: 1) The test of cognition, or whether the accused acted with complete deprivation of intelligence in committing the said crime; 2) The test of volition, or whether the accused acted in total deprivation of freedom of will.

20. Elements of self-defense/defense of stranger/defense of relatives THE FOLLOWING ARE ELEMENTS OF SELF-DEFENSE: 1) Unlawful aggression 2) Reasonable necessity of means employed to prevent or repel it 3) Lack of sufficient provocation on the part of defender THE FOLLOWING ARE ELEMENTS OF DEFENSE OF STRANGER: 1) Unlawful aggression 2) Reasonable necessity of the means employed to prevent or repel it 3) The person defending be not induced by revenge, resentment or other evil motive. THE FOLLOWING ARE ELEMENTS OF DEFENSE OF RELATIVE: 1) Unlawful aggression 2) Reasonable necessity of means employed to prevent or repel it 3) In case person attacked provoked attacker, defender must have no part therein 21. Elements of the mitigating circumstance of physical defect  This paragraph does not distinguish between educated and uneducated deafmute nor blind persons.  Physical defect referred to in this paragraph is such as being armless, cripple, or a stutterer, whereby his means to act, defend himself or communicate with his fellow beings are limited.  The physical defect that a person may have must have a relation to the commission of the crime. 22. Mitigating circumstance of vindication/ion/voluntary surrender/plea of guilt THE FOLLOWING ARE ELEMENTS OF VINDICATION OF A GRAVE OFFENSE: 1) That there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degree. 2) That the felony is committed in vindication of such grave offense. A lapse of time is allowed between the vindication and the doing of the grave offense.  The vindication need not be done by the person upon whom the grave offense was committed.  Basis to determine the gravity of offense in vindication o The question whether or not a certain personal offense is grave must be decided by the court, having in mind  The social standing of the person,  The place, and

 The time when the insult was made.  Vindication of a grave offense and ion or obfuscation cannot be counted separately and independently. THE FOLLOWING ARE ELEMENTS OF ION OR OBFUSCATION: 1) The accused acted upon an impulse 2) The impulse must be so powerful that it naturally produce ion or obfuscation in him.  ion or obfuscation not applicable when: o The act committed in a spirit of LAWLESNESS o The act is committed in a spirit of REVENGE  The mitigating circumstance of obfuscation arising from jealousy cannot be invoked in favor of the accused whose relationship with the woman is illegitimate.  ion and obfuscation may lawfully arise from cause existing only in the honest belief of the offender. THE FOLLOWING ARE ELEMENTS OF VOLUNTARY SURRENDER: 1) That the offender had not been actually arrested 2) That the offender surrendered himself to a person in authority or to the latter’s agent 3) That the surrender was voluntary 2 Mitigating Circumstances under this paragraph: 1. Voluntary surrender to a person in authority or his agents; 2. Voluntary confession of guilt before the Court prior to the presentation of evidence for the prosecution.  Whether or not a warrant of arrest had been issued immaterial and irrelevant.  The criterion is whether or not o The offender had gone into hiding o And the law enforcers do not know his whereabouts. THE FOLLOWING ARE ELEMENTS OF PLEA OF GUILT: 1) That the offender spontaneously confessed his guilt;  Plea of guilty on appeal is not mitigating 2) That the confession of guilty was made in open court, that is, before the competent court that is to try the case;  The extrajudicial confession made by the accused is not voluntary confession because it was made outside the court 3) That the confession of guilt was made prior to the presentation of evidence for the prosecution.  The change of plea should be made at the first opportunity when his arraignment was first set.  A conditional plea of guilty is not mitigating.

23. RA 9344 on minority JUVENILE JUSTICE AND WELFARE ACT OF 2006: 1) 15 years old or below at the time of commission of offense: absolutely exempt from criminal liability but subject to intervention program 2) Over 15 years old but below 18: exempt from criminal liability but subject to intervention program  if acted with discernment: subject to diversion program 3) below 18 years are exempt from: a. Status offense b. Vagrancy and Prostitution c. Mendicancy (PD 1563) d. Snuffing of Rugby (PD 1619) 24. Effects of qualifying aggravating circumstance Those that change the nature of the crime Example: Alevosia (treachery) or evident premeditation qualifies the killing of a person to murder The effect of a qualifying Aggravating Circumstance is not only to give the crime its proper and exclusive name but also to place the author thereof in such a situation as to deserve no other penalty than that specially prescribed by law for said crime. The circumstance affects the nature of the crime itself such that the offender shall be liable for a more serious crime. The circumstance is actually an ingredient of the crime. Being and ingredient of the crime, it cannot be offset by any mitigating circumstance. 25. Aggravating circumstance of abuse of superior strength SUPERIOR STRENGTH  To TAKE ADVANTAGE of superior strength means  To use purposely excessive force  Out of proportion to the means of defense available to the person attacked  Superiority may arise from  Aggressor’s sex, weapon or number  As compared to that of the victim (e.g. accused attacked an unarmed girl with a knife; r men stabbed to death the female victim).  No advantage of superior strength when  One who attacks is overcome with ion and obfuscation or  When quarrel arose unexpectedly and the fatal blow was struck while victim and accused were struggling

 Vs. by a band:  In the circumstance of abuse of superior strength, what is taken into is  Not the number of aggressor nor the fact that they are armed  But their relative physical might vis-à-vis the offended party 26. Elements of aggravating circumstance of dwelling/nighttime/uninhabited place DWELLING  Building or structure, exclusively used for rest and comfort  This is considered an AC because in certain cases, there is an abuse of confidence which the offended party reposed in the offender by opening the door to him.  Dwelling need not be owned by the offended party.  It is enough that he used the place for his peace of mind, rest, comfort and privacy  Dwelling should not be understood in the concept of a domicile.  A person has more than one dwelling.  So, if a man has so many wives and he gave them places of their own, each one is his own dwelling.  If he is killed there, dwelling will be aggravating, provided that he also stays there once in a while.  The crime of adultery was committed  Dwelling was considered aggravating on the part of the paramour.  However, if the paramour was also residing in the same dwelling, it will not be aggravating.  The offended party must not give provocation.  It is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense;  It is enough that the victim was attacked inside his own house,  Although the assailant may have devised means to perpetrate the assault.  Dwelling includes dependencies,  The foot of the staircase  And the enclosure under the house. NIGHTIME  The commission of the crime must begin and be accomplished in the nighttime.  The offense must be actually committed in the darkness of the night.  When the place is illuminated by light, nighttime is not aggravating.  It must be shown that  Offender deliberately sought the cover of darkness and  The offender purposely took advantage of nighttime to facilitate the commission of the offense.

UNINHABITED PLACE  It is determined  Not by the distance of the nearest house to the scene of the crime  But whether or not in the place of the commission of the offense, there was a reasonable possibility of the victim receiving some hep. 27. The alternative circumstance of relationship The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender. WHERE RELATIONSHIP IS EXEMPTING: 

In the case of an accessory who is related to the principal within the relationship prescribed in Article 20;

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Also in Article 247, a spouse does not incur criminal liability for a crime of less serious physical injuries or serious physical injuries if this was inflicted after having surprised the offended spouse or paramour or mistress committing actual sexual intercourse.

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Those commonly given in Article 332 when the crime of theft, malicious mischief and swindling or estafa.

WHERE RELATIONSHIP IS AGGRAVATING: 

In CRIMES AGAINST PERSONS in cases where o The offended party is a relative of a higher degree than the offender (grandson kills grandfather), or o When the offender and the offended party are relatives of the same level, as killing a brother, a brother-in-law, a half-brother or adopted brother

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When CRIME AGAINST PERSONS is any of the SERIOUS PHYSICAL INJURIES (Art. 263), even if the offended party is a descendant of the offender, relationship is AGGRAVATING. o But the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement.

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When the crime is LESS SERIOUS PHYSICAL INJURIES OR SLIGHT PHYSICAL INJURIES o If the offended party is a relative of a higher degree than the offender

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When crimes against persons is HOMICIDE OR MURDER, o Relationship is aggravating even if the victim of the crime is a relative of lower degree.

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In CRIMES AGAINST CHASTITY, o Relationship is always aggravating

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In the CRIME OF QUALIFIED SEDUCTION, o The offended woman must be a virgin and less than 18 years old. o But if the offender is a brother of the offended woman or an ascendant of the offended woman,  Regardless of whether the woman is of bad reputation,  Even if the woman is 60 years old or more, o Crime is qualified seduction. In such a case, relationship is qualifying

WHERE RELATIONSHIP IS MITIGATING:  When the CRIME IS LESS SERIOUS PHYSICAL INJURIES OR SLIGHT PHYSICAL INJURIES o If the offended party is a relative lower degree 

Relationship is neither mitigating nor aggravating, when relationship is an element of the offense.

28. Death/injuries under exceptional circumstances Article 247 of the Revised Penal Code covers both death and physical injuries inflicted during exceptional circumstances, when a married person either the husband or the wife - surprises the other spouse in flagrante delicto in the act of committing sexual intercourse with another person. ART. 247. Death or physical injuries inflicted under exceptional circumstances. – Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro. If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment. These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducers, while the daughters are living with their parents. Any person who shall promote or facilitate prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

29. Requisites to be complicit as an accomplice in a crime Article 18. Accomplices. - Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts. 30. Accessories to a crime and who are accessories exempt from criminal liability? Article 19. Accessories. - Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. Article 20. Accessories who are exempt from criminal liability. - The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.