Circumstances Affecting Criminal Liability (SPL)

CIRCUMSTANCES
AFFECTING
CRIMINAL
LIABILITY
Special Penal Laws
Patrick Damaso
PD 1866 as amended by
RA 8294
Sec. 1 - “…If homicide or murder
is committed with the use of an
unlicensed firearm, such use of an
unlicensed firearm shall be
considered as an aggravating
circumstance...”
People v Castillo
R.A. 8294 provided that if homicide or murder is
committed with the use of an unlicensed firearm,
such use shall be considered as a special
aggravating circumstance.
This amendment has two (2) implications: first,
the use of an unlicensed firearm in the commission
of homicide or murder shall not be treated as a
separate offense, but merely as a special
aggravating circumstance; second, as only a single
crime (homicide or murder with the aggravating
circumstance of illegal possession of firearm) is
committed under the law, only one penalty shall be
imposed on the accused.
People v Cinco
It is clear from the foregoing that where murder
results from the use of an unlicensed firearm, the
crime is not qualified illegal possession but murder.
In such a case, the use of the unlicensed firearm is
not considered as a separate crime but shall be
appreciated as a mere aggravating circumstance.
The presence of such aggravating circumstance
would have merited the imposition of the death
penalty for the crime of Murder. However, in view
of R.A. No. 9346, we are mandated to impose on
appellant the penalty of reclusion perpetua without
eligibility for parole
People v Matibag
Further, under Section 5 of RA 8294, the scope
of the term "unlicensed firearm" has already
been expanded as follows:
Sec. 5. Coverage of the Term Unlicensed
Firearm. – The term unlicensed firearm shall
include:
1. firearms with expired license; or
2. unauthorized use of licensed firearm in the
commission of the crime. (Emphasis supplied)
People v Matibag
Therefore, when Matibag killed Duhan with his

firearm, the use thereof was unauthorized under
the purview of RA 8294 and is equally
appreciated as a special aggravating
circumstance. As a result, the imposition of the
maximum penalty of death, which is reduced to
reclusion perpetua in light of RA 9346, stands
proper. To this, the Court adds that Matibag is
not eligible for parole.
People v Mobido &
People v Samonte
RA 8249 may have retroactive effect
since it is favorable to the accused. It
is favorable since R.A. 8294 will
spare accused-appellant from a
separate conviction for the crime of
illegal possession of firearm.
RA 9165
SEC. 25. Qualifying Aggravating
Circumstances in the Commission of a Crime
by an Offender Under the Influence of
Dangerous Drugs. — Notwithstanding the
provisions of any law to the contrary, a
positive finding for the use of dangerous drugs
shall be a qualifying aggravating circumstance
in the commission of a crime by an offender,
and the application of the penalty provided for
in the Revised Penal Code shall be applicable.
People v Renato Hipos
The court reversed the finding of the trial court
regarding the influence of drugs as no medical
evidence had been submitted by the prosecution
to show that Renato had smoked marijuana
before gunning down Francis. The court held
that the testimonies of the prosecution witnesses
were incompetent.
Hence, the special aggravating circumstances of
acting while under the influence of dangerous
drugs was deleted
People v Mantalaba
A violation of Section 5 of RA 9165 merits the
penalty of life imprisonment to death. However,
in Section 98, it is provided that, where the
offender is a minor, the penalty for acts
punishable by life imprisonment to death
provided in the same law shall be reclusion
perpetua to death.
Basically, this means that the penalty can now
be graduated as it has adopted the technical
nomenclature of penalties provided for in the
Revised Penal Code
RA 9344
• SEC. 6. Minimum Age of Criminal Responsibility. – A
child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18)
years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which case,
such child shall be subjected to the appropriate
proceedings in accordance with this Act.
Carillo v People
Petitioner was then a minor at the time of the
commission of the crime, being 17 years old.
Such minority was a privileged mitigating
circumstance that lowered the penalty to prision
mayor.
Under the Indeterminate Sentence Law, the
minimum of the indeterminate sentence should
be within the penalty next lower than the
imposable penalty, which, herein, was prision
correccional. The CA imposed the proper
penalty.
Carillo v People
Although Section 38 of Republic Act No. 9344
allows the suspension of the sentence of a child
in conflict with the law adjudged as guilty of a
crime, the suspension is available only until the
child offender turns 21 years of age, pursuant to
Section 40 of Republic Act No. 9344, to wit:
Petitioner was well over 23 years of age at the
time of his conviction for homicide by the RTC
on July 19, 2006. Hence, the suspension of his
sentence was no longer legally feasible or
permissible.
People v Sarcia
The accused was 18 years old during
the year the offense was committed.
However, the prosecution was not able
to prove the exact date of the
commission of the crime. In assessing
the attendance of mitigating
circumstance of minority, all doubts
should be ruled in favor of the accused.
People v Sarcia
Furthermore, while Sec. 38 of R.A. No. 9344 provides
that suspension of sentence can still be applied even if
the child in conflict with the law is already eighteen
(18) years of age or more at the time of the
pronouncement of his/her guilt, Sec. 40 of the same
law limits the said suspension of sentence until the
said child reaches the maximum age of 21
To date, accused-appellant is about 31 years of age,
and the judgment of the RTC had been promulgated,
even before the effectivity of R.A. No. 9344. Thus, the
application of Secs. 38 and 40 to the suspension of
sentence is now moot and academic
RA 9262
• SECTION 26. Battered Woman Syndrome as a
Defense. – Victim-survivors who are found by the
courts to be suffering from battered woman syndrome
do not incur any criminal and civil liability
notwithstanding the absence of any of the elements
for justifying circumstances of self-defense under the
Revised Penal Code.
In the determination of the state of mind of the
woman who was suffering from battered woman
syndrome at the time of the commission of the crime,
the courts shall be assisted by expert psychiatrists/
psychologists.
People v Genosa
A battered woman has been defined as

a woman "who is repeatedly subjected
to any forceful physical or
psychological behavior by a man in
order to coerce her to do something he
wants her to do without concern for her
rights.
People v Genosa
More graphically, the battered woman
syndrome is characterized by the so-
called "cycle of violence," which has
three phases:
(1) the tension-building phase;
(2) the acute battering incident; and
(3) the tranquil, loving (or, at least,
nonviolent) phase.
People v Genosa
Crucial to the BWS defense is the state

of mind of the battered woman at the
time of the offense-- she must have
actually feared imminent harm from her
batterer and honestly believed in the
need to kill him in order to save her life.
People v Genosa
In the present case, however, according to the
testimony of Marivic herself, there was a
sufficient time interval between the unlawful
aggression of Ben and her fatal attack upon
him. She had already been able to withdraw
from his violent behavior and escape to their
children's bedroom. During that time, he
apparently ceased his attack and went to bed.
We reiterate the principle that aggression, if
not continuous, does not warrant self-defense.

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CIRCUMSTANCES

Therefore, when Matibag killed Duhan with his

A battered woman has been defined as

Crucial to the BWS defense is the state

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