1What distinguishes a qualifying circumstance from a generic aggravating circumstance?
A qualifying circumstance changes the nature or classification of the offense; a generic aggravating circumstance generally affects the penalty.
2Why must a qualifying circumstance be specifically alleged in the information?
To inform the accused of the charge and satisfy constitutional and procedural notice requirements.
3What is the effect of an unalleged qualifying circumstance even when evidence suggests it occurred?
It generally cannot be used to qualify the offense because the accused must receive proper notice.
4What is the effect of an aggravating circumstance not properly alleged in the information?
It generally cannot be appreciated to increase the penalty, subject to applicable procedural rules.
5What is evident premeditation?
An aggravating circumstance requiring proof of a decision to commit the crime, an act indicating persistence in that decision, and sufficient time for reflection.
6What is treachery under Article 14 of the Revised Penal Code?
Employing means, methods, or forms of attack in crimes against persons that directly and specially ensure execution without risk from the victim's defense.
7What are the two essential elements of treachery?
A method of attack that leaves the victim without a real opportunity to defend and deliberate adoption of that method.
8What is abuse of superior strength?
Deliberately taking advantage of excessive strength or force clearly disproportionate to the victim's capacity to defend.
9What is the distinction between treachery and abuse of superior strength?
Treachery emphasizes a deliberately adopted method ensuring execution without defensive risk; abuse of superior strength emphasizes deliberate use of disproportionate force.
10Can abuse of superior strength be separately appreciated when already absorbed by treachery?
Generally no. It is absorbed when the same facts establish treachery.
11What is the aggravating circumstance of dwelling?
Commission of an offense in the offended party's dwelling under circumstances recognized by law, when the offended party has not given provocation.
12What is the aggravating circumstance of nighttime?
Taking advantage of nighttime to facilitate the crime or ensure impunity, under the circumstances required by law.
13Does committing a crime after sunset automatically establish nighttime as an aggravating circumstance?
No. The prosecution must establish the legally required connection between darkness and the offense.
14What is the aggravating circumstance of disguise?
Using a disguise to facilitate commission of the offense or conceal the offender's identity, under the applicable legal requirements.
15What is the aggravating circumstance of ignominy?
Deliberately adding circumstances that increase the victim's moral suffering or humiliation beyond what is inherent in the crime.
16What is the aggravating circumstance of cruelty?
Deliberately increasing the victim's physical suffering through unnecessary acts beyond those required to commit the offense.
17What is the distinction between ignominy and cruelty?
Ignominy concerns added moral humiliation; cruelty concerns deliberately increased physical suffering.
18What is the aggravating circumstance of recidivism?
The offender was previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.
19What is habitual delinquency under Article 62?
Repeated conviction, within the statutory periods, for specified offenses such as serious or less serious physical injuries, robbery, theft, estafa, or falsification.
20What is the distinction between recidivism and habitual delinquency?
Recidivism involves prior final conviction of another offense under the same Code title; habitual delinquency requires specified repeated convictions within statutory periods.
21What is quasi-recidivism under Article 160?
Commission of a felony after final conviction and before beginning to serve the sentence, or while serving it, under the article's requirements.
22What is reiteracion or habituality as an aggravating circumstance?
Prior punishment for an offense carrying an equal or greater penalty, or for two or more offenses carrying lighter penalties, under Article 14.
23What is the effect of a privileged mitigating circumstance on the prescribed penalty?
It generally reduces the penalty by one or more degrees as provided by law.
24What is the distinction between ordinary and privileged mitigating circumstances?
Ordinary mitigating circumstances generally affect the period of the penalty; privileged mitigating circumstances reduce its degree and are not offset by ordinary aggravating circumstances.
25What is a complex crime under Article 48?
A single act constituting two or more grave or less grave felonies, or an offense serving as a necessary means to commit another, subject to legal limitations.
26What penalty rule generally applies to a complex crime under Article 48?
The penalty for the most serious offense is imposed in its maximum period, subject to applicable law.
27What is a compound crime?
A complex crime in which a single act constitutes two or more grave or less grave felonies.
28What is a complex crime proper?
A complex crime in which one offense is a necessary means for committing another.
29What is a special complex crime?
A combination of offenses specifically defined and punished by law as a single composite offense.
30What is the distinction between a complex crime and a continuing crime?
A complex crime combines offenses under Article 48 or a special provision; a continuing crime involves several acts treated as one offense because of a single criminal resolution under applicable doctrine.
31What is a continued or delito continuado offense?
A series of acts arising from a single criminal impulse and violating the same penal provision, when recognized by law and jurisprudence.
32What is the rule against double counting aggravating circumstances?
A circumstance already constituting an element of the offense or otherwise absorbed by another circumstance generally cannot be counted again to increase the penalty.
33What is the significance of criminal intent in intentional felonies?
The prosecution must establish the intentional mental element required by the offense, whether directly or through permissible inferences.
34What is criminal negligence under Article 365?
An inexcusable lack of precaution that causes injury or damage under circumstances satisfying reckless or simple imprudence.
35What is reckless imprudence?
Voluntarily doing or failing to do an act, without malice, resulting in damage through an inexcusable lack of precaution under Article 365.
36What is the distinction between dolo and culpa?
Dolo involves deliberate intent; culpa involves fault through imprudence, negligence, lack of foresight, or lack of skill.
37What is mistake of fact as a defense?
An honest and reasonable factual mistake that may negate criminal intent when the act would have been lawful if the facts were as believed.
38Does ignorance of a penal law ordinarily excuse criminal liability?
No. Ignorance of the law generally excuses no one from compliance.
39What is the effect of a favorable retroactive penal law under Article 22?
It may apply retroactively to benefit an accused or convicted person, subject to statutory exceptions.
40What is the distinction between criminal liability and civil liability arising from a felony?
Criminal liability concerns punishment by the State; civil liability concerns restitution, reparation, or indemnification resulting from the offense.
41Does acquittal always extinguish civil liability?
No. Civil liability may remain depending on the ground of acquittal and the legal basis of the civil claim.
42What is the effect of death of the accused before final judgment on criminal liability?
Criminal liability is extinguished, with civil consequences determined under applicable law and jurisprudence.
43What is the effect of service of sentence on criminal liability?
Criminal liability is totally extinguished by service of sentence under Article 89.
44What is the effect of absolute pardon on criminal liability?
It extinguishes criminal liability under Article 89, subject to the legal nature and conditions of the pardon.
45What is the distinction between pardon and amnesty?
Pardon is executive clemency generally directed to an individual; amnesty is a broader act of clemency requiring constitutional concurrence and generally addressing classes of offenses or offenders.
46What is prescription of a crime?
The lapse of the legally prescribed period that extinguishes the State's authority to prosecute the offense, subject to interruption and other rules.
47What is prescription of a penalty?
The lapse of the legally prescribed period affecting enforcement of a final sentence under the applicable requirements.
48Scenario: A single gunshot kills one person and seriously injures another. What doctrine should be examined?
The compound-crime rule under Article 48, subject to the precise offenses and applicable jurisprudence.
49Scenario: A public officer commits an offense using official authority as an indispensable means. What circumstance should be examined?
Taking advantage of public position, if its statutory requirements are established and it is not already an element of the offense.
50Scenario: The accused proves an honest, reasonable mistake about a fact that would have made the act lawful. What doctrine may apply?
Mistake of fact, potentially negating the intent required for an intentional felony.
51Scenario: Two legally applicable mitigating circumstances exist and no aggravating circumstance is present. What penalty rule may become relevant?
Article 64(5), which may require a penalty one degree lower for qualifying ordinary mitigating circumstances.