Download Amurao Notes Crim Rev PDF

TitleAmurao Notes Crim Rev
TagsPardon Crimes Crime & Justice Criminal Law Intention (Criminal Law)
File Size1.3 MB
Total Pages138
Document Text Contents
Page 69

CRIMINAL LAW Page 69 of 138
Lecture & Recitation Notes Atty. Maximo Amurao






NOTES BY:

Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab

 Basis for mitigation: offender does not have complete freedom of action; diminution of freedom and
voluntariness



Bald? No.

Blind? Yes.

Partial blindness? Yes.

Deaf by one ear? Yes.

Crippled? Yes.

Toothless? Yes!



When must the physical defect be present? At the time of the commission of the crime.

ORDINARY MIT.

Legal effects.



Article 13(9) – Illness
- the offender has diminished exercise of willpower; loss of willpower may even be exempting
- deprivation of consciousness


 Basis for mitigation: diminution of intelligence and intent


 Accused prosecuted for simple theft (shoplifting in a mall)

 During trial, it was proved that he was a kleptomaniac. Mitigating? Yes.



 If prosecuted for frustrated homicide?

 No, not related to the offense committed.



 Accused prosecuted for rape. During trial proved to be sex maniac, Mitigating? Yes.



 NO CONTROL OF THEIR OWN WILL AS FAR AS THE OFFENSE IS CONCERNED



 Same fact-sex maniac. Prosecuted for Robbery? No.



Article 13(10) – Other Analogous Circumstances
Example?

Blind, 60 years old-70 years of age

Restitution- voluntary surrender.

Creditor, debtor.

Running away and refuses to pay.

Victim brought to the hospital for treatment- voluntary surrender.

Giving victim a certain amount for…- voluntary confession.

Page 70

CRIMINAL LAW Page 70 of 138
Lecture & Recitation Notes Atty. Maximo Amurao






NOTES BY:

Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab



Jealousy. You saw your girlfriend walking hand-in-hand with another man, you inflicted physical injuries?

Passion or obfuscation.



Other mit. Circ. In the RPC?

Infanticide or abortion to conceal disgrace or dishonor.

Adultery- there is abandonment by the offended party. (Unjustified)




Article 14

Q: What are aggravating circumstances?
- those if present, are not automatically offset by mitigating circumstances
- may increase the penalty provided by the law without exceeding the maximum penalty or it changes

the nature of the crime

- Classification:

1. Generic – those that generally apply to all crimes, eg. Recidivism, Aid of Minors, Advantage taken by

Public Position, etc

2. Specific – those that apply to particular crimes, eg. Ignominy, Treachery

3. Qualifying – Those that change the nature of the crime, eg. Treachery, Evident Premeditation,

Cruelty, etc.

4. Inherent – necessity accompanies the commission of the crime, eg. sex is inherent in crimes against

chastity

 Difference between Generic and Qualifying
GENERIC QUALIFYING

- can be offset by an ordinary - cannot be offset by an ordinary

mitigating circumstance mitigating circumstance

- the legal effect is to increase - it changes the nature of the crime

the penalty to the maximum - give the crime its proper and exclusive

without exceeding the limit name

 Both qualifying and generic circumstances must be alleged in the information; the prosecution can’t
prove an aggravating circumstance during trial (p.326 #3 in the comparison part in the Reyes book is
wrong)

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