commission of the felony IS THERE ANY DISTINCTION BETWEEN ARTICLES 14 and 15

Commission of the felony is there any distinction

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commission of the felony IS THERE ANY DISTINCTION BETWEEN ARTICLES 14 and 15 The term “aggravating circumstances” is strictly construed 1. not only because what is involved is a criminal statute 2. but also because its application could result in the imposition of death penalty When it calls for the award of indemnities, “aggravating circumstances” should be liberally construed to include the circumstances in Art 15 Art 14 does not include relationship as an aggravating circumstance however it is an alternative circumstance under Art 15 (The abolition of death penalty has rendered the distinction academic) WHAT OTHER FACTORS AFFECT CRIMINAL LIABILITY 1. Absolutory circ – other exempting circumstances outside Art 12 such as relatives acting as accessories to the offenders pursuant to Art 19 and 20 2. Extending circ – mitigating circumstances not found in Art 13 such as abandonment and concealment of dishonor Continue Boado Examples of exempting/absolutory circ 1. Instigation by reason of public policy 2. Art 6(3) – spontaneous desistance in the attempted stage unless the overt art committed already constitutes a crime other than intended 3. Art (7) – Attempted/frustrated light felonies except those against persons or property 4. Art 16– accessories in light felonies 5. Art 20 – certain relative who are accessories subject to the requisites provided therein Continue Boado 6. Art 247 – death and physical injuries inflicted under exceptional circumstances 7. Art 332 – certain relatives in theft, estafa and malicious mischief 8.Batterred woman syndrome 9. Status offenses 10. Somnambulism 11. Mistake of fact 12. Absolute repeal or modification of a penal law favorable to the accused B. WHAT IS ENTRAPMENT Entrapment is the employment of 1. such ways and means 2. for the purpose of trapping or capturing a lawbreaker (People Inducement or instigation is when the 1. criminal intent originates in the mind of the instigator 2. and the accused is lured into the commission of the offense
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WHAT IS INSTIGATION vs Ramos) The idea to commit the crime originates from the accused. Nobody induces him into committing the offenses charged The instigator practically induces another to commit the offense AND himself becomes a co-principal C. WHAT IS A BUY-BUST OPERATION It is a form of entrapment which has been accepted as a valid means of arresting violators of the drugs law It is an effective way of apprehending law offenders in the act of committing a crime A buy bust operation has received judicial sanction as long as it is carried out with constitutional and legal circumspection Instigation is deemed contrary to public policy and considered an absolutory cause Atty. Degoma Input Buy bust operations also used in Anti Trafficking e.g. Roman Spa, Waterfront offering “extra” services HOW SHOULD ALLEGATION OF FRAME- UP AND EXTORTION BE VIEWED?
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  • Spring '17
  • john doe

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