8. Circumstances Affecting Criminal Liability

B. Circumstances Affecting Criminal Liability

• Justifying Circumstances – Article 11
• Exempting Circumstances – Article 12
• Mitigating Circumstances – Article 13
• Aggravating Circumstances – Article 14
• Alternative Circumstances – Article 15
• Absolutory Causes

Reckless vs. Simple Imprudence

[Art. 365, Revised Penal Code]

Note: There must be injury to person/s or damage to property as a result of the imprudence, since “material damage results” from it. [Id.]

Definitions of terms

• The requirement of being legally married therefore excludes common-law relationships.
• Legitimacy of parent is not required, where a daughter is a minor, unmarried and living with her parent(s).
• Surprise means “to come up suddenly and unexpectedly.”
• In the act of committing sexual intercourse with another person is satisfied if circumstances show reasonably that the carnal act is being committed or has just been committed.
• Immediately thereafter means the discovery, escape, pursuit and the killing must all form parts of one continuous act.

Circumstances considered in determining the liability of the officer-offender:

• Means of communication;
• Hour of arrest; and
• Other circumstances such as the time of surrender and the material possibility for the fiscal to make the investigation and timely file the necessary information. (Sayo v. Chief of Police of Manila, G.R. No. L-2128)

Seriousness of slander by deed depends on:

• The social standing of offended party;
• The circumstances surrounding the act; and
• The occasion

Not applicable to felonies by negligence

In the case of infidelity in the custody of prisoners through negligence (Art. 224), this circumstance was not considered. (People v. Medina, C.A., 40 O.G. 4196)

Notes:

• Crimes involved in the Exemption
• Theft,
• Swindling (estafa), and
• Malicious mischief
• Persons exempted from criminal liability for such crimes when caused mutually by them against each other
• Spouses, ascendants and descendants, or relatives by affinity in the same line
• The widowed spouse with respect to the property which belonged to the deceased spouse before the same passed into the possession of another
• Brothers and sisters and brothers-in-law and sisters-in-law, if living together at the time of the commission of the crime
• Article 332 does not expressly include a common-law spouse, concubine, or paramour. Coverage of a stepfather or stepmother, adoptive father or mother, or natural child depends on whether the legally established relationship falls within the relatives listed above.

Solitude must be sought to better attain the criminal purpose

The offenders must choose the place as an aid either (1) to an easy and uninterrupted accomplishment of their criminal designs, or (2) to insure concealment of the offense, that he might thereby be better secured against detection and punishment. (People vs. Andaya, G.R. No. L-63862)

Essence of premeditation

The execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. (People vs. Durante, G.R No. 31101)

REQUISITES:

The prosecution must prove –

• The time when the offender determined to commit the crime;
• An act manifestly indicating that the culprit has clung to his determination; and

The criminal intent evident from outward acts must be notorious and manifest, and the purpose and determination must be plain and have been adopted after mature consideration on the part of the persons who conceived and resolved upon the perpetration of the crime, as a result of deliberation, meditation and reflection sometime before its commission. (People vs. Zapatero, G.R. No. L-31960)

A threat to kill, unsupported by other evidence which would disclose the true criminal state of mind of the accused, will only be construed as a casual remark naturally emanating from a feeling of rancor and not a resolution of the character involved in evident premeditation. (People vs. Fuentesuela, G.R. No. L-48273)

• A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will.

The offender must have an opportunity to coolly and serenely think and deliberate on the meaning and the consequences of what he planned to do, an interval long enough for his conscience and better judgment to overcome his evil desire and scheme. (People vs. Valdez G.R. No. 127663)

There must be sufficient time between the outward acts and the actual commission of the crime. Thus, the mere fact that the accused was lying in wait for his victim just before the attack is not sufficient to sustain a finding of evident premeditation, in the absence of proof that he had been lying in wait for a substantial period of time. (U.S. vs. Buncad, 25 Phil. 530, 539). But when it appears that the accused borrowed a bolo for the purpose of committing the crime early in the morning and was lying in wait for some time before he attacked his victim, evident premeditation is sufficiently established. (U.S. vs. Mercoleta, 17 Phil. 317, 320)

IGNOMINY

A circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. (People vs. Acaya, G.R. No. L72998)

It is applicable to crimes against chastity, less serious physical injuries, light or grave coercion, and murder. (Reyes, Book I)

It is inherent in libel and acts of lasciviousness. (Id)