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Criminal Law Reviewer (Art. 1-113) Criminal Law – is that branch of public substantive law which defines offenses and prescribes their penalties. It is also that branch of municipal law, which defines crimes, treats of their nature and provides for their punishment. 3 Characteristics of Criminal Law: 1) Generality - means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. However, it is subject to certain exceptions brought about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. (Hindi kasama dito ang diplomats, etc.) 2) Territoriality - means that the penal laws of the country have force and effect only within its territory. It cannot penalize crimes committed outside the same. This is subject to certain exceptions brought about by international agreements and practice. The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. (kasama lahat dito!) Terrestrial: jurisdiction exercised over the land Fluvial: jurisdiction over maritime and interior waters (3-5 nautical miles from the shore, sakop pa rin natin) Aerial: jurisdiction over the atmosphere (airspace natin) 3) Prospectivity - Acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect. Vice-versa, this act or omission which has been committed before the effectivity of a penal law could not be penalized by such penal law because penal laws operate only prospectively. French Rule The French Rule provides that the nationality of the vessel follows the flag which the vessel flies, unless the crime committed endangers the national security of a foreign country where the vessel is within jurisdiction in which case such foreign country will never lose jurisdiction over such vessel. American Rule / Anglo-Saxon Rule This rule strictly enforces the territoriality of criminal law. The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied, except if the crime affects only the internal management of the vessel in which case it is subject to the penal law of the country where it is registered. °Nullum crimen, nulla poena sine lege‖ – There is no crime when there is no law punishing the same. This is true to civil law countries, but not to common law countries. No matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a crime.
Common law crimes are wrongful acts which the community/society condemns as contemptible, even though there is no law declaring the act criminal. Not any law punishing an act or omission may be valid as a criminal law. If the law punishing an act is ambiguous, it is null and void. ―Actus non facit reum, nisi mens sit rea‖ – The act cannot be criminal where the mind is not criminal. This is true to a felony characterized by dolo, but not a felony resulting from culpa. This maxim is not an absolute one because it is not applied to culpable felonies, or those that result from negligence. ―Mens Rea‖ – in layman’s terms: ―bulls-eye‖ of a crime. Synonymous with criminal or deliberate intent, but that is not correct. It still depends on the elements of the crime. You can only detect the mens rea of a crime by knowing the particular crime committed. Without reference to a particular crime, this term is meaningless. Ex. In theft, mens rea is taking the property with intent to gain. In falsification, mens rea, is the effect of the forgery with intent to pervert the truth. Mala in se: Which literally means, that the act is inherently evil or bad or per se wrongful. These are punishable by our RPC. The intent is crucial. Mala prohibita(um): These are violations of special laws. Example is possession of drugs (punishable by Special Laws), ito yung kahit hindi mo gagamitin or ibebenta, the mere fact na nasa pagmamay-ari mo ito, bawal pa rin! Felony: these are acts or omissions as defined by Article 3 of the RPC. They may be differentiated by dolo (deceit) which is intentional, and culpa (fault) which is imprudence, negligence, lack of skill or foresight. Offense: are crimes punished under a special law is called as statutory offense. Misdemeanor: a minor infraction of the law, such as a violation of an ordinance, is referred to as a misdemeanor. Crime: whether the wrongdoing is punished under the Revised Penal Code or under a special law, the generic word crime can be used. Mistake of Fact: When the offender acted out of a mistake of fact, criminal intent is negated, so do not presume that the act was done with criminal intent. This is absolutory if crime involved dolo. Dolo has three requisites:
1) Criminal Intent 2) Freedom of action 3) Intelligence
Culpa has three requisites as well: 1) criminal negligence on the part of the offender , that is, the crime was the result of negligence, reckless imprudence, lack of foresight or lack of skill; 2) freedom of action on the part of the offender, that is, he was not acting under duress; and 3) Intelligence on the part of the offender in performing the negligent act. Distinction between Dolo and Culpa: Dolo, has criminal intent, and culpa has criminal negligence. Criminal Intent has 2 categories: 1) General Criminal Intent: presumed from the mere doing of a wrong act. This does not require proof. 2) Special Criminal Intent: not presumed because it is an ingredient or element of a crime, like intent to kill in the crimes of attempted or frustrated homicide /parricide /murder. The prosecution has the burden of proving the same. May a crime be committed without criminal intent? Yes. It is not necessary between these areas: 1) When the crime was committed was a product of culpa or negligence, reckless imprudence, lack of foresight or skill; 2) When the crime is a prohibited act under a special law or what is called mala prohibita(um) Distinction between intent and discernment: Intent is the determination to do a certain thing, an aim or purpose of the mind. On the other hand, discernment is the mental capacity to tell right from wrong. Distinction between intent and motive: Intent is demonstrated by the use of a particular means to bring about a desired result – it is not a state of mind or a reason for committing a crime. On the other hand, motive implies motion. It is the moving power which impels one to do an act. Distinction between negligence and imprudence: (1) In negligence, there is deficiency of action; (2) In imprudence, there is deficiency of perception. Criminal Liability: This shall be incurred upon the person on the act of a crime (gumawa ng krimen), whether: Error in personae – mistake in identity (wrong person) Ex. A wanted to kill B, but kill C instead, this is considered as mistake in identity. Abberatio ictus – mistake in blow (wrong shot; bullet went the other way etc.) Ex. A shot B, but instead, the bullet ricocheted (bounced off) from the wall and hit C. (best example from CSI: Las Vegas where a guy in avoiding an incoming blow and someone got hit instead and that fellow died of injuries to the head hours later.) Praeter intentionem – where the consequence exceeded the intention. Ex. A dropped a pail of water on B’s head, his intention was just a joke and getting B wet. But instead of getting
wet, B died due to hemorrhage to the skull suffered from the injuries. (another best example in CSI: New York, where a sorority member inserted a canister on an inhaler of a ―sister sorority‖ to set the mood (the said canister was said to heighten sexual appetite) not knowing of her previous condition (which was asthma) which collided and thus killing her instead of setting mood, she died of orgasm.) Proximate cause: Article 4, Paragraph 1, presupposes that the act done was a proximate cause. It must be: 1) Direct 2) Natural 3) Logical consequence of the felonious act Impossible Crime: Is an act which would be an offense against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Ex. A houseboy on the intention of raping his beautiful master went upstairs unlocked the door and proceeded to rape her without knowing that she was dead to begin with. An impossible crime was committed. Article 4, Paragraph 1 – this refers to the wrongful act done constituted a felony, although it might be different from what he intended. Ex. In saving D’s life from imminent danger of being hit by an oncoming truck, A yanked him out and set him aside. Not realizing that there were snakes or spikes where he shoved him thus resulting in his death. Article 4, Paragraph 2 – this refers to a situation where the wrongful act did not constitute any felony, but because the act would have given rise to a crime against persons or against property, the same is penalized to repress criminal tendencies to curtail their frequency. Article 5 of the RPC covers two (2) instances: 1) The court cannot convict the accused because the acts do not constitute a crime. The proper judgment is acquittal, but the court is mandated to report to the Chief Executive that said act be made subject of penal legislation and why. Ex. There is no crime committed, thus resulting in the person’s freedom/acquittal. (best example from CSI: Miami, when a guy was convicted of shooting a man, but since there was no GSR (gunshot residue) found on him, evidence showed otherwise, thus acquitting him.) 2) Where the court finds the penalty prescribed for the crime too harsh considering the conditions surrounding the commission of the crime, the judge should impose the law. The most that he could do is to recommend to the Chief Executive to grant executive clemency. Ex. In the case of complex crimes, although the punishment be given be the highest level of punishment, they recommend to the President that the prisoner be granted pardon or clemency (best example when Michael Scofield’s brother Linc was pardoned by the President) Stages in committing a felony: As emphasized on Article 6, the following are the stages: 1) Attempted – the crime was commenced first, but only injuries were sustained. 2) Frustrated – the crime that happened was in progress to 75% of the event, believing that the victim was already dead, the killer fled the scene not knowing that the victim still had a pulse and survived because the victim was brought to the hospital where he was saved. 3) Consummated – total death for the victim killed or murdered.
Whether the felony is attempted. Slightest penetration or slightest connection. Meaning there is a principal and an accomplice. Literally. no matter how the penetration happened. . Bribery. The ugliness must be visible. it is always in the consummated stage. There is no frustrated robbery. under the article 6. Formal Crimes – are crimes which are consummated in one instance. No penetration at all. it was still consummated. meaning the person about to rob the store was overcome by guilt and changed his mind later. here are the following criteria involved: 1) The manner of committing the crime. then the crime is already in the frustrated stage. If under the definition of the felony. consummated. there is only an attempted stage. As mentioned earlier there is no such thing as frustrated rape. The ugliness would not disappear through natural healing process. and 3) The nature of the crime itself Manner of committing a crime Ex. Note that there is no frustrated rape only consummated. no amount of desistance will negate criminal liability. The difference between attempted and frustrated stage lies on whether the offender has performed all the acts or execution for the accomplishment of the crime. In rape. There is no frustrated or attempted oral defamation. Desistance is true only in the attempted stage of the felony. Desistance: On the part of the offender negates criminal liability in the attempted stage. And 2 people to take part in the crime. if the offender has performed all the acts of execution which should produce the felony as a consequence but the felony was not realized. then you have an attempted felony. a deformity can be said to exist. Can the crime of frustrated bribery be committed? No. frustrated or consummated. 2) The elements of the crime. three factors must concur: (1) (2) (3) The injury should bring about the ugliness. only desistance. If the offender has not yet performed all the acts of execution – there is yet something to be performed – but he was not able to perform all the acts of execution due to some cause or accident other than his own spontaneous desistance. It usually takes 2 to tango. You will notice this from the nature of the crime requiring two participants. it requires the connection of the offender and the offended party. On physical injuries In order that in law. the act done is already in the frustrated stage.
Under Article 6. felonies are classified as attempted felony when the offender commences the commission of a felony directly by overt acts. there is only one crime. they are classified as. All that there is the agreement. There is an implied agreement. but the penalty that will be imposed shall be the one with the graver offense. When several offenders act in a synchronized. On the other hand. coordinated manner.. robbery with physical injuries. When the conspiracy is only a basis of incurring criminal liability. lack of foresight or lack of skill. and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Two (2) kinds of conspiracy: 1) Conspiracy as a crime – more of national security (like coup d’etat) 2) Conspiracy as a manner of incurring criminal liability – following an attack. and culpable felonies or those resulting from negligence. Classifications of felonies: 1) According to the manner of their commission. reckless imprudence. frustrated felony when the offender commences the commission of a felony as a consequence but which . if the co-conspirator or any of them would execute an overt act. the fact that their acts complimented each other is indicative of the meeting of the minds. Complex crimes – are crimes which in sum. Ex. in substance. Proposal to commit murder is not a crime. When the conspiracy itself is a crime. Crimes with robbery with rape. Under Article 3. this cannot be inferred or deduced because there is no overt act. the 2 offenders conspired to get back at the person who attacked them thus resulting in his death. there must be an overt act done before the co-conspirators become criminally liable. Composite crimes – are crimes which. intentional felonies or those committed with deliberate intent. consist of a mixture of two crimes. robbery with homicide. 2) According to the stages of their execution. But if B accepts the proposal. the crime would no longer be the conspiracy but the overt act itself. there will be conspiracy to commit murder which is a crime under the Revised Penal Code. consist of more than one crime but in the eyes of the law.Elements of a crime: 1) Element of intent to damage 2) The damage inflicted 3) Intent to gain Nature of crime: 1) Grave 2) Light Conspiracy and proposal to commit felon For conspiracy to exist: 1) There is an agreement 2) The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common criminal goal or criminal objective.
would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator. 2) The act complained of is considered to have been done within the bounds of law. not the actor. 3) Since the act is considered lawful. consummated felony when all the elements necessary for its execution are present. In other words. a criminal design is already in the mind of the person entrapped. and. On the other hand. Instigation is associated with criminal intent. Difference between instigation and entrapment In instigation. there is no crime. there is no criminal. There are five (5) circumstances affecting criminal liability: 1) 2) 3) 4) 5) Justifying circumstances Exempting circumstances Mitigating Circumstances Aggravating Circumstances Alternative Circumstances There are 2 others found elsewhere in the provision of the RPC: 1) Absolutory cause 2) Extenuating circumstances Absolutory cause: The effect of this is to absolve the offender from criminal liability. felonies are classified as grave felonies or those to which attaches the capital punishment or penalties which in any of their periods are afflictive. 3) According to their gravity. and light felonies or those infractions of law for the commission of which the penalty is arresto menor. Under Article 9. although not from civil liability. this has the same effect as mitigating circumstances. Extenuating circumstance The effect of this is to mitigate the criminal liability of the offender. and because there is no crime. It did not emanate from the mind of the law enforcer entrapping him. the criminal plan or design exists in the mind of the law enforcer with whom the person instigated cooperated so it is said that the person instigated is acting only as a mere instrument or tool of the law enforcer in the performance of his duties. It has the same effect as an exempting circumstance. less grave felonies or those to which the law punishes with penalties which in their maximum period was correccional. It has the effect of an exempting circumstance and they are predicated on lack of voluntariness like instigation. . Distinction between Justifying and Exempting Circumstances: Justifying Circumstances: 1) The circumstance affects the act. hence. but you do not call it as such in order not to confuse it with the circumstances under Article 12. Entrapment involves only ways and means which are laid down or resorted to facilitate the apprehension of the culprit. it is legitimate and lawful in the eyes of the law. in entrapment. only you do not call it mitigating because this is not found in Article 13.
or defense of stranger. there can be no incomplete self-defense. there is civil liability for the wrong done. But there is no criminal liability. But because the actor acted without voluntariness. It is enough that there was unlawful aggression against the relative defended. The reasonableness of the means employed depends on the gravity of the aggression. he cannot invoke the justifying circumstance if the relative defended is already a stranger in the eyes of the law. and that the person defending did not contribute to the unlawful aggression. However. Mere provocation is not enough. If the unlawful aggressor was killed. On the other hand. to have incomplete self-defense. there is a crime. if the relative defended is still within the coverage of defense of relative.‖ Self defense: It is the element of unlawful aggression that is in issue. He is a mere tool or instrument of the crime. In . the other requisites being absent. it would still apply. Third. There is no criminal. resentment or some evil motive in killing the aggressor.4) Since there is no crime or criminal. the offended party must be guilty of unlawful aggression. Defense of stranger If the person being defended is already a second cousin. even though he acted out of some evil motive. it means that not all the requisites to justify the act are present or not the requisites to exempt from criminal liability are present. 3) Since the act complained of is actually wrongful. Without this. there is no criminal liability as well as civil liability Exempting Circumstances: 1) The circumstances affect the actor. Incomplete self-defense or incomplete justifying circumstance or incomplete exempting circumstances When you say incomplete justifying circumstance. the offender shall be given the benefit of a privileged mitigating circumstance. if aside from the element of unlawful aggression another requisite. Life cannot be equal to property. Second. defense of relative. this can only be justified if it was done to save the life of the person defending or the person being defended. This is vital because if the person making the defense acted out or revenge. 4) Since there is a crime committed but there is no criminal. there is neither criminal nor civil liability. are present. but not all. Never confuse unlawful aggression with provocation. not the act. It will be defense of stranger. there must be always unlawful aggression. there is absence of dolo or culpa. 2) The act complained of is actually wrongful. Defense of property rights This can only be invoked if the life and limb of the person making the defense is also the subject of unlawful aggression. you do not invoke defense of relative anymore. First. Justifying Circumstances: Since the justifying circumstances are in the nature of defensive acts. The equation is ―life was taken to save life. but the actor acted without voluntariness. the offender shall be given only the benefit of an ordinary mitigating circumstance. in paragraphs 4 and 7 of Article 12. if only the element of unlawful aggression is present.
there is sufficient provocation. Or absent. State of necessity – this is the commission of a crime to avoid an imminent and clear present danger. . and may help in attracting a sentence less severe than a typical sentence for similar offenses. With privileged. The common set-up given in a bar problem is that of provocation was given by somebody. Such circumstances may include family or personal situations. 1) As to the nature of the circumstances. 2) Minority ―Damnum absque injuria‖ – the offender is exempt from criminal liability but of civil liability as well. and there are 2 conditions: 1) The felony was committed while the offender was in the fulfillment of a duty or in the lawful exercise of a right or office. Fulfillment of duty – this is the commission of the crime in line of duty. Mitigating Circumstances: These are accompanying or accessory condition. or freedom of action on the part of the offender is missing.such a case. the person provoked retaliated on a younger brother or on an elder father. Sufficient threat or provocation: This is mitigating only if the crime was committed on the very person who made the threat or provocation. if not offset will operate to reduce the penalty to a minimum period. provided the penalty is a divisible one (negotiable. Meaning if you hear the words of an officer Man 1. but because of the offender’s confession and divulging of other vital information. or fact that (though not constituting a justification or excuse of an offense) may be considered by the courts as reducing the degree of culpability or liability of the accused. the imposable penalty shall be reduced by one or two degrees depending upon how the court regards the importance of the requisites present. it operates to reduce the penalty by one or two degree. Man 1 with reduced sentence of up to 5 years with probation). whether the accused acted in total deprivation of freedom of will. ordinary. Although in fact. This includes: 1) Imbecility and insanity – take note on the grounds of insanity the accused acted with complete deprivation of intelligence in committing the crime and test of volition. 2) As to effect. event. while privileged can never be offset. depending on what the law provides. There are two distinctions: ordinary and privileged. and 2) The resulting felony is the unavoidable consequence of the due fulfillment of the duty or the lawful exercise of the right or office Exempting Circumstances: The reason for the exemption lies on the involuntariness of the act – one or some of the ingredients of voluntariness such as criminal intent. The person provoked cannot retaliate against him. intelligence. ordinary mitigating circumstance can be offset by aggravating circumstances. it is not mitigating because the one who gives the provocation is not the one against whom the crime was committed. thus.
and because of a jealous outbreak you end up killing the person assaulting your spouse or loved-one. If not alleged but proven during the trial. it cannot be offset by any mitigating circumstance 3) Qualifying circumstances to be appreciated as such must be specifically alleged in the complaint or information. 2) No need to allege this circumstance in the information. 3) It is not an ingredient of a crime. Some parts of their body are still working. the court would consider the same in imposing the penalty. then he will still get the benefit of this mitigating circumstance. Passion or obfuscation – this stands on the premise or proposition that the offender is suffering from a diminished self-control because of passion or obfuscation. and that in turn increase the wrongdoer's penalty or punishment. it will be considered only as generic aggravating circumstance. Aggravating Circumstances: Circumstances that increase the seriousness or outrageousness of a given crime. facts are given indicating that at the time the offender committed the crime. If this happens. and retaliated back after 24 hours. and invalid are not exempted. Specific or those that apply only to a particular crime Qualifying or those that change that change the nature of the crime Inherent or those that must of necessity accompany the commission of the crime Distinctions between Aggravating and Qualifying circumstances In aggravating: 1) The circumstance could be offset by a mitigating circumstance. Physical defect is another mitigating circumstance. the vindication need not be done by the person upon whom the grave offense was committed. This occurs when an assault on spouse or loved one is prominent. Regardless of any physical defect a person may still commit a crime as the other parts of the body are fully functioning and could still commence the crime. 1) 2) 3) 4) These are the kinds of aggravating circumstances: Generic or those that can generally apply to all crime. Passion must be legitimate. It only affects the penalty to be imposed but the crime remains the same In qualifying circumstances: 1) The circumstance affects the nature of the crime itself such that the offender shall be liable for a more serious crime. Vindication of a grave offense. he is still suffering from outrage of the threat or provocation done to him. Blind. A guy was insulted at this moment. Giving him enough time to think of his actions) 2) If there is that time element and at the same time. The circumstance is actually an ingredient of the crime 2) Being an ingredient of the crime. If it is proved during trial. as long as it is proven during trial. they are susceptible of being offset by a mitigating circumstance .Diminished self control has two criteria: 1) Time has lapsed after the provocation was initially given (ex.
20) If you also asked the help of armed men. but a group? (hello! Common sense!) 6) Uninhabited place – this refers to an area far away from civilization. 7) Nighttime – you are rendered defenseless at this point in moment in time. ranking him as a juvenile) 12) Craft. what is aggravating if it was done to you. double-dead na ito! 16) If you use your size to get your way and in the end resulting in death. 14) If you accepted a bribe. regardless of the existence of the president or not. Ex. not only dead. rank and sex –this refers to old. 13) If you create an explosion. fire. Talk about good research! But regardless. Reiteration – the offender has been punished for an offense which the law attaches an equal greater penalty for two or more crimes to which it attaches a lighter penalty. That is not aggravating. If you use these examples to hide your crime. The robbers used a geologist to cover for them. it also aggravates the case. 9) Evident premeditation – it means you planned this all along!!! 10) Breaking and entering is included as well! 11) If you ask the aid of people below 15 years of age. a robbery took place during a tsunami event. regardless if its yours or not! 5) Band – obviously this refers to more than 3 people! It would be bad enough as it is if one person kills you. This time. Kumbaga sa dead. the crime gets aggravated! (best example CSI: Miami. it’s still aggravating circumstances) 18) If you commit a crime in the executive palace. separate titles are applicable. well consider these things aggravating. but naked as well and hung him on a tree. Ex. so killing you while sleeping aggravates the whole thing! 8) Treachery – violation of allegiance or faith. you exposed the person. You are sleeping. this is considered as aggravating. it’s the female 3) Abuse of confidence – this is not mere betrayal of trust just because in example you left your daughter in the trust of a neighbor and your neighbor rapes your daughter. Especially if you shoot a gun inside a church! 19) If you insult a public officer. Robbery with rape is a good example. reward or price in exchange for a commencement of a crime. 15) Another aggravating circumstances. (all man-made accidents) these also aggravate the situation. 4) Dwelling – this refers to house. and now he is being convicted of homicide. CSI: Miami. it would be so unfair as the criminal intends that you won’t be saved. then you’re facing jail time for a lifetime. stranding a vessel. the grounds are still aggravating. that is also an aggravating circumstance. this is also aggravating.Aggravating circumstances includes: 1) Taking advantage of public position – this means you use public office as a medium to commence a crime thinking that you wouldn’t be convicted (well guess again!) 2) Disrespect due to age. poison. you kill someone and being a show-off. 17) During natural causes of accidents like earthquake or epidemic and you used it as a cover for your crime. then this is also considered as aggravating. young and for the sex. this is ignominy. when an offender asked the aid of Horatio’s son Kyle who at the time of the offense was 15. A guy committed murder last 2 months ago. if this is you. (Best example of this. . Recidivism – the offender at the time of the trial shall have been previously convicted by final judgment of another in the same title of the RPC. disguise or fraud be used in committing a crime. You create this once your allegiance/loyalty to someone is destroyed.
bail.Habitual delinquency – the offender within a 10-year period from the date of release or conviction of the crimes: robbery. . robbery. Accessories who are exempt from Criminal Liability are your relatives. 1) 2) 3) 4) 5) 1) 2) 3) 4) Punishments given for Grave Felonies: Reclusion perpetua Reclusion temporal Perpetual or temporary disqualification Perpetual or special disqualification Prision mayor Correctional penalties: Prision correccional Arresto mayor Suspension Destierro Light penalties 1) Arresto menor 2) Public censure Penalties common to the three preceding classes: 1) Fine and 2) Bond to keep the peace. siblings. spouses. estafa. Everyone has a tendency to become a murderer. the third time. treason. Examples are rape. Alternative Circumstance: These offenses are against your family (relationship) These offenses also cover the part when you’re drunk (so stop drinking!) It doesn’t care if you’ve finished a college degree or a simple 1st grader. murder. but after you help hide the evidence (obstruction of justice ito) The following are Criminally Liable for Light felonies: 1) Principals 2) Accomplices Grave felonies: These felonies are punishable by the highest possible punishment: lifetime imprisonment or 630 years. murder. Light felonies: These felonies. These are commenced due to infractions and misdemeanors. The following are Criminally Liable for Grave felonies: 1) Principals – main doers of the crime 2) Accomplices – the one who helped in the execution 3) Accessories – one may not be there during the crime. are punishable by lightest punishments: arresto menor.
although the man was convicted of murder. no penalty is prescribed by law punishing it.Art. Should it be implemented back. he is. unless the person is forgiven by the victim. although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. if he was sentenced for the penalty of the death sentence. : Meaning. thus the legal maxim: ―Nullum crimen. There was no felony committed.There is no crime when there is no law punishing the same. — A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code. then the offender is not pardoned. : This is in connection to the pardoning of the President to the accused. Ex: Suppose. nulla poena sine lege – there is no crime when there is no law punishing the same. : With relation to Art. but civil liability with regard to the interest of the injured party is extinguished by his express waiver. Pardon. laws are usually prospective. The difference between amnesty and pardon lies between the erasure of the conviction and the crime itself. thus the legal maxim: Nullum crimen. Art. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony. Usually in the case of rape. the offender was again captured and charged for rebellion. . excuses the convict from serving the sentence. 23. who is not a habitual criminal. he is no longer covered by such punishment. you cannot punish anyone with any penalty if he or she did not commit any crime. he shouldn’t be. what was given was absolute pardon. Art. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. then years later. but his alibi and evidence showed otherwise. Should the man be convicted of murder or not? A: No. the evidence and alibi does not tie him to the crime. In the case given. They never look back. it will no longer follow. Thus eliminating him of any liability for there was no crime committed. It only excuses the accused from serving his sentence. Penalties that may be imposed. as this term is defined in Rule 5 of Article 62 of this Code. Retroactive effect of penal laws. Ex: A man was convicted of murder. instead of amnesty. does not erase the effects of conviction. 4 of the Civil Code: ―Laws shall have no retroactive effect unless otherwise provided. 22. a man committed a crime of murder. Effect of pardon by the offended party. although absolute. Say for example. nulla poena sine lege‖ . is he a recidivist? A: Yes. he was convicted. 21. Pardon. and since it was abolished.‖ meaning. therefore.
Art. Perpetual or temporary absolute disqualification. Penalties which may be imposed. 26. which erases not only the conviction but also the crime itself. – The penalties which may be imposed according to this Code. Reclusion temporal.000 pesos. are those included in the following: Capital punishment: Death Afflictive penalties: Reclusion perpetua. : This means you could just pay for bail. if it exceeds 6. 4. Suspension from the employment of public office during the trial or in order to institute proceedings. if it does not exceed 6.In the case at bar. as well as their detention by reason of insanity or imbecility. if what you committed did not meet the penalties mentioned in the preceding article. thereby making him a recidivist. the right to vote and be voted for. Correctional penalties: Prision correccional. : The abovementioned are not penalties for a crime. superior officials may impose upon their subordinates. Fines and other corrective measures which. Prision mayor. 5. Art. Destierro. Perpetual or temporary special disqualification. 24. 2. Deprivation of rights and the reparations which the civil laws may establish in penal form. and Bond to keep the peace. whether imposed as a single of as an alternative penalty. Penalties common to the three preceding classes: Fine. correctional. Arresto mayor. Accessory Penalties: Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Suspension from public office. or illness requiring their confinement in a hospital. Art. 25. shall be considered an afflictive penalty. Suspension.000 pesos but is not less than 200 pesos. in the exercise of their administrative disciplinary powers. — The following shall not be considered as penalties: 1. a correctional penalty. the accused was awarded or given pardon. Measures of prevention or safety which are not considered penalties. or light penalty. The arrest and temporary detention of accused persons. — A fine. He then commits a crime of rebellion. and a light penalty if it less than 200 pesos. the profession or calling Civil interdiction Indemnification Forfeiture or confiscation of instruments and proceeds of the offense Payment of costs : The abovementioned are penalties imposed on the criminal offenses being committed by offenders. When afflictive. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. . not amnesty. Rather they are just part of due process given to an accused. 3. and their different classes.
in which case its duration shall be that of the principal penalty. its duration shall be that of the principal penalty. suspension. Ex: True or false. — The duration of the penalty of arresto mayor shall be from one month and one day to six months. 27. except when suspension is imposed as an accessory penalty. depending on the lightness and gravity of the crime committed. except when the penalty of disqualification is imposed as an accessory penalty. : The abovementioned penalties are to be given on offenders when they have committed a crime. 28. : This refers to the duration of the sentence. (20 years and 1 day to 40 years) Reclusion temporal. – The penalty of reclusion temporal shall be from twelve years and one day to twenty years. Computation of penalties. . Reclusion perpetua. and destierro. the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final. — The duration of the penalty of arresto menor shall be from one day to thirty days. Arresto menor. And bond to keep peace as the lightest. Arresto mayor. – The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years. If the offender be not in prison. Prision correccional. — The bond to keep the peace shall be required to cover such period of time as the court may determine. — The duration of the penalties of prision correccional. Art. — If the offender shall be in prison. a man was convicted of Reclusion temporal after committing a crime of homicide should be serving a sentence of twenty years and one day to forty years? A: False. the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The gravest being Reclusion perpetua since the Death sentence has been abolished. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. Bond to keep the peace. in which case.Art. The Revised Penal Code provides that Reclusion temporal is supposed to be served twelve years and one day to twenty years. Prision mayor and temporary disqualification. unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. – Any person sentence to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years. suspension and destierro shall be from six months and one day to six years.
2. Effects of the penalties of perpetual or temporary absolute disqualification. Period of preventive imprisonment deducted from term of imprisonment. The loss of all rights to retirement pay or other pension for any office formerly held. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. he shall be released after thirty (30) days of preventive imprisonment. . Art. Do you agree with the judgment or not? A: Yes. if the same is under review. The years that was mention in the prescription was for Reclusion perpetua. Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated. 30. if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. Ex: A public officer committed a crime of rape with murder. In case of temporary disqualification. I agree with the judgment. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. he shall be credited in the service of his sentence with fourfifths of the time during which he has undergone preventive imprisonment. he is not fit to be trusted and must be stripped of his duties and obligations to the public. — The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. The deprivation of the right to vote in any election for any popular office or to be elected to such office. His final judgment was perpetual or temporary absolute disqualification. except in the following cases: 1. : This is in line with the sentence: Public office is a public trust. 4. the man committed homicide and was punished with Reclusion temporal. And if a public officer commenced such crime. Public office is a public trust. and 2. 3. Art. When they are recidivists or have been convicted previously twice or more times of any crime. with the full time during which they have undergone preventive imprisonment. In case the maximum penalty to which the accused may be sentenced is destierro. : This is in reference to offenders who have served their sentences to prevent them from committing another crime. — Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty. he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal. 29.In the case at bar. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners.
Civil interdiction. : People in office who had committed a crime shall be deprived of their office. one who is convicted is stripped of rights to parental authority. the public officer committed rape with murder. — The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence. Art. The deprivation of the office. — The penalties of perpetual or temporal special disqualification for public office. Effect of the penalties of perpetual or temporary special disqualification. Effects of bond to keep the peace. Moreover. Art. therefore. Art. of the right to vote in any popular election for any public office or to be elected to such office. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. according to the nature of said penalty. he cannot be trusted and must be stripped of his office. or guardianship. if the king commits a crime. Art. profession or calling. to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented. of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. profession or calling affected. 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage. guardianship. — It shall be the duty of any person sentenced to give bond to keep the peace. of marital authority. and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. or the right of suffrage. and that in case such offense be committed they will pay the amount determined by the court in the . They will be deprived the right to vote in any popular election for any public office. : During the term of sentence. — Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority. 33. 31. 34. as public office is a public trust. one may be suspended from holding public office and shall not hold another having similar functions during the period of his suspension. Effects of the penalties of suspension from any public office. he is forced to abdicate and thereby stripped of his title and office. 35. either as to the person or property of any ward. Like in royalty for example.In the given case at bar. profession or calling shall produce the following effects: 1. employment. 2. : In connection with the holding of public office. — The suspension from public office. the offender may not hold any office during his term of sentence. Art. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. marital authority and right to manage his property. the offender shall not be permitted to hold any public office during the period of his disqualification. : Again with connection to public office is a public trust. profession or calling. duties and obligations as a public officer.
2. — If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article. he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos. — A pardon shall not work the restoration of the right to hold public office. unless such rights be expressly restored by the terms of the pardon. What are included. or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. and amnesty excuses both the sentence and the crime. whether they be fixed or unalterable amounts previously determined by law or regulations in force. 39. Subsidiary penalty. the period of duration of the bond. 2. and shall not exceed fifteen days. and no fraction or part of a day shall be counted against the prisoner.judgment. : These are the fees included in paying the bail. Art. or other form of obligations you have when you are accused. Art. he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied. or amounts not subject to schedule. the same shall be met in the following order: 1. no subsidiary imprisonment shall be imposed upon the culprit. and in no case shall it continue for more than one year. or when things are taken. The fine. : Pardon is differentiated from amnesty. Order of payment. its effect. When the principal imposed is higher than prision correccional. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. If the principal penalty imposed be prision correccional or arresto and fine. . 38. 36. as to keep the peace and sanctity of the place. and shall not exceed thirty days. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months. but his subsidiary imprisonment shall not exceed one-third of the term of the sentence. Art. if for a light felony. : In connection to payment of any bail or bond. according to its discretion. the subsidiary imprisonment shall not exceed six months. Pecuniary liabilities. subject to the following rules: 1. : When things are to be repaired. 3. — Costs shall include fees and indemnities in the course of the judicial proceedings. As pardon excuses the sentence but not the crime. When the principal penalty imposed be only a fine. The cost of the proceedings. 37. or the right of suffrage. 4. 3. if the culprit shall have been prosecuted for a grave or less grave felony. if for a light felony. Indemnification of consequential damages. Pardon. its either you pay back the equal amount in which the victim paid for it or you find a way to repair it. Cost. The reparation of the damage caused. — In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. The court shall determine. Art. is he shall have been prosecuted for a grave or less grave felony.
43. Prision correccional. — The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be. — The penalty of prision correccional shall carry with it that of suspension from public office. Confiscation and forfeiture of the proceeds or instruments of the crime. from the fine in case his financial circumstances should improve. Although it is still included in the RPC. at some point no longer applicable. but those articles which are not subject of lawful commerce shall be destroyed. 44. : This has been abolished. so. during the period of time established in the preceding rules. Art. unless the same shall have been expressly remitted in the pardon. Art. Its accessory penalties. and that of perpetual special disqualification from the right of suffrage. unless the same shall have been expressly remitted in the pardon. if the duration of said imprisonment shall exceed eighteen months. Their accessory penalties. Art. Arresto. shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty. Art. Its accessory penalties. unless they be property of a third person not liable for the offense. Prision mayor. Art. Reclusion perpetua and reclusion temporal. from the right to follow a profession or calling.chan robles virtual law library 5. : This is in case a person convicted cannot pay for the same. unless the same shall have been expressly remitted in the pardon. shall continue to suffer the same deprivations as those of which the principal penalty consists. 42. . Death. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty. 45. — The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence. 40. — Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. — The penalty of prision mayor. but such penalty is of fixed duration. the convict. Its accessory penalties.4. — The death penalty. when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date sentence. it is respected as a resource. unless such accessory penalties have been expressly remitted in the pardon. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him. Art. Its accessory penalties. and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty. 41. they will follow the abovementioned guidelines with regard to payment. If the principal penalty imposed is not to be executed by confinement in a penal institution.
the Supreme Court shall render its decision per curiam. a police. : This is when a single act. Penalty to be imposed upon the principals when the crime committed is different from that intended. Art. 2. all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. the following rules shall be observed: . becomes a crime. the same to be applied in its maximum period. Whenever the law prescribes a penalty for a felony is general terms. When upon appeal or revision of the case by the Supreme court. 46. : Although the Death sentence is no longer commutable. it shall be understood as applicable to the consummated felony. all the crimes have been on the consummated stage. the penalty for the most serious crime shall be imposed. Complex crime is defined as a single act that constitutes two or more grave or less grave felonies. which shall be signed by all justices of said court. In what cases the death penalty shall not be imposed . Art. Penalty to be imposed upon principals in general. this is to be implemented once a person is convicted. although he fired the gun at the robber. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence. 48. — The death penalty shall be imposed in all cases in which it must be imposed under existing laws. Art. — In cases in which the felony committed is different from that which the offender intended to commit. thus killing them both. Thus. Was there a complex crime committed? A: Yes. there was. in which even the unanimous vote and signature of only the remaining justices shall be required.Art. When the guilty person be more than seventy years of age. 49. 47. — When a single act constitutes two or more grave or less grave felonies. unless some member or members thereof shall have been disqualified from taking part in the consideration of the case. or when an offense is a necessary means for committing the other. — The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. the bullet did a projectile which hits a bystander. except in the following cases: 1. fires a gun towards a robber. but since the bullet did a projectile hitting another bystander thereby killing two people. In the given case at bar. : This means. the police committed a complex crime. the police in the intention of keeping the peace. Ex: In the intention of keeping the peace. Penalty for complex crimes.
If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit. the maximum is to be imposed. then two (2) degrees lower which is Prision mayor. Art. in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period. 53. Art 51. — The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime. Art. 3. 2. the penalty corresponding to the latter shall be imposed in its maximum period. the penalty to be given in frustrated crime is the next lower in degree. — The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. Art. Penalty to be imposed upon principals of a frustrated crime. Penalty to be imposed upon accessories to the commission of a consummated felony. — The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony. 50. : Referring to the graduated scale of penalties. if the law prescribes a higher penalty for either of the latter offenses. Penalty to be imposed upon accessories of a frustrated crime. : This is to be imposed on the principal criminal regardless of praeter intentionem (or the crime committed is different from what was intended). : This punishment say for example is to be imposed on attempted rape.1. Penalty to be imposed upon accomplices in consummated crime. — The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony. 55. Art. — A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. . Penalty to be imposed upon principals of attempted crimes. 52. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit. Penalty to imposed upon accomplices in a frustrated crime. — The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony. 54. Ex: A crime of frustrated rape is committed. Rape is usually punishable with Reclusion perpetua. Art. but in the case of frustrated rape the next lower degree punishment will be imposed which is Reclusion temporal. the penalty for the former shall be imposed in its maximum period.
Art. inclusive. which did not kill his brother. Additional penalty to be imposed upon certain accessories. on the intent of killing his brother. But the pharmacist gave him cheese flavor powder instead. An impossible crime is a commencement of a crime that the means of committing it is so impossible that even with the intent of killing the person did not affect the person instead. Art. In the case at bar. 60. 58. Exception to the rules established in Articles 50 to 57. — When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him. 57. Art. — The provisions contained in Articles 50 to 57. or as accomplices or accessories. Was an impossible crime committed or not? A: Yes. 56. where the crime committed and its way of commission is so impossible. shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony. — Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions. according to the provisions of Articles 50 to 57. — The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony. Penalty to be imposed upon accessories of an attempted crime. Art. Ex: A brother. 61. the brother with an intention on killing his brother bought poison. or to be imposed upon accomplices or accessories. 59. Rules for graduating penalties.Art. — For the purpose of graduating the penalties which. having in mind the social danger and the degree of criminality shown by the offender. : This is with connection to impossible crime. but instead was given cheese powder thereby not killing him. there was an impossible crime committed. Penalty to be imposed upon accomplices in an attempted crime. Art. the court. and that of absolute temporary disqualification if he shall be guilty of a less grave felony. the following rules shall be observed: 1. of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony. are to be imposed upon persons guilty as principals of any frustrated or attempted felony. — The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony. bought a poison for his brother’s food. When the penalty prescribed for the felony is single and indivisible. of this Code. the penalty next lower in degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code. shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos. inclusive. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. .
3. or of one or more divisible penalties to be impose to their full extent. : This is in connection to the penalties once the scale has graduated. Aggravating or mitigating circumstances which arise from the moral attributes of the offender. which shall be taken from the penalty prescribed. 3. shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. and upon accomplices and accessories. shall only serve to aggravate or mitigate the liability of the principals. corresponding to different divisible penalties. 5. when the penalty prescribed for the crime is composed of several periods. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof. the courts. accomplices and accessories as to whom such circumstances are attendant. Either the years get added or subtracted. the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. Art. The circumstances which consist in the material execution of the act. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods. 4. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. or of attempt to commit the same. 2. or in the means employed to accomplish it. and . When the penalty prescribed for the crime is composed of two indivisible penalties. or from his private relations with the offended party. if possible. proceeding by analogy. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules.2. Habitual delinquency shall have the following effects: (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty. 62. 4. shall impose corresponding penalties upon those guilty as principals of the frustrated felony. the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. (b) Upon a fourth conviction. the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following. or from any other personal cause. otherwise from the penalty immediately following in the above mentioned respective graduated scale. — Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. 5. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.
In all cases in which the law prescribes a penalty composed of two indivisible penalties. Rules for the application of indivisible penalties. This is in the case of serious physical injury. estafa. in conformity herewith. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance. When both mitigating and aggravating circumstances attended the commission of the act. When in the commission of the deed there is present only one aggravating circumstance. the following rules shall be observed in the application thereof: 1. this includes: 1) Reclusion perpetua 2) Reclusion temporal 2. robo. 63. . hurto. Notwithstanding the provisions of this article. estafa or falsification. a lesser penalty is to be administered. it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed. shall in no case exceed 30 years. — In all cases in which the law prescribes a single indivisible penalty. the court shall reasonably allow them to offset one another in consideration of their number and importance. the lesser penalty shall be applied. : This article pertains to when the aggravating circumstance is offset by mitigating circumstance and thus the computation is either commuted or reduced. a lesser penalty shall be applied. Art. the total of the two penalties to be imposed upon the offender. 4. he is found guilty of any of said crimes a third time or oftener. homicide and this is referred to recidivists or repeat offenders or habitual delinquents. robbery. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. This pertains to: 1) Prision mayor 2) Arresto mayor 3) Arresto menor 3. : If both the mitigating and aggravating are missing in the element of the crime. according to the result of such compensation. : This is in the presence of a mitigating circumstance but no aggravating. is within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. a person shall be deemed to be habitual delinquent. : If the crime committed is in the aggravating circumstance. When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance. For the purpose of this article. the lesser penalty shall be applied. the greater penalty is given. for the purpose of applying the penalty in accordance with the preceding rules.(c) Upon a fifth or additional conviction. the greater penalty shall be applied.
. each one of which forms a period in accordance with the provisions of Articles 76 and 77. Whatever may be the number and nature of the aggravating circumstances. the court shall observe for the application of the penalty the following rules. 64. Within the limits of each period. : In this case. : In the case at bar. one may offset the other granting that both the mitigating and aggravating is present in the commencement of the crime. they shall impose the penalty in its maximum period. When there are two or more mitigating circumstances and no aggravating circumstances are present. When there are neither aggravating nor mitigating circumstances. in its maximum period. 4. : Death may not be imposed regardless of how aggravating the circumstances are. 3. When both mitigating and aggravating circumstances are present. the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. Rules for the application of penalties which contain three periods. the medium penalty is given. in the period that it may deem applicable. the minimum period (it may be arresto menor or bond) that will be given as punishment to the accused. whether it be a single divisible penalty or composed of three different penalties. When only a mitigating circumstances is present in the commission of the act. they shall impose the penalty prescribed by law in its medium period. the court shall reasonably offset those of one class against the other according to their relative weight. according to the number and nature of such circumstances. : Granting in this case that an aggravating circumstance was present in the commission of the crime. then one can offset the other by either reducing the number of years. 5. maximum is to be implemented: Reclusion perpetua. Art. according to whether there are or are not mitigating or aggravating circumstances: 1. : In the case where there two or more mitigating circumstances but no aggravating present. When an aggravating circumstance is present in the commission of the act. they shall impose the penalty in its minimum period. 7. the courts shall not impose a greater penalty than that prescribed by law. : This is in case neither the aggravating nor mitigating is present. 2. 6. the court shall impose a lower penalty than that prescribed by law. the court shall impose the penalty next lower to that prescribed by law. — In cases in which the penalties prescribed by law contain three periods.: This is in the case where both are present.
the following rules shall be observed: 1. if of a less grave felony. and arresto mayor in its minimum and medium periods. : This is in connection to offenders who are minors. Art. — In cases in which the penalty prescribed by law is not composed of three periods. Art. but more particularly to the wealth or means of the culprit. Imposition of fines. : Instead of doing three (3) separate periods of penalty. the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony. — When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code. as provided by the Penal Code. then the maximum period of arresto mayor to the minimum period of prision correccional is to be imposed. who is not exempted from liability by reason of the court having declared that he acted with discernment. in fixing the amount in each case attention shall be given. causes an injury by mere accident without fault or intention of causing it. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present. but always in the proper period.: This is in favor of the gravity of the crime commenced by the offender. but upon reaching 18 may be tried as an adult. and forming one period of each of the three portions. Art. while performing a lawful act with due care. : This is to be given on the case of any person who. Art. but always lower by two degrees at least than that prescribed by law for the crime which he committed. a discretionary penalty shall be imposed. Art. 2. it will be done consecutively at the same time. under paragraph 4 of Art. dividing into three equal portions of time included in the penalty prescribed. the courts shall apply the rules contained in the foregoing articles. Penalty to be imposed upon a person under eighteen years of age. Penalty to be imposed when the crime committed is not wholly excusable. not only to the mitigating and aggravating circumstances. — In imposing fines the courts may fix any amount within the limits established by law. 69. 65. : Fines that could be accommodated by the wealth or means of the culprit are to be adjusted in case he/she may not be able to pay. This is to be determined by the courts. 67. Rule in cases in which the penalty is not composed of three periods. — A penalty lower by one or two degrees than that prescribed by law shall be imposed if the . 12.— When all the conditions required in circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are not present. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed. 68. 66. Upon a person under fifteen but over nine years of age.
10 Temporal absolute disqualification. Successive service of sentence. Reclusion temporal. 4. the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible. 2. Public censure. 9. Death. the man should be serving the maximum sentence of Reclusion perpetua or 20 years . the penalty is either one or two degree lower. how would you decide over how he should serve his sentence? A: Following the three-fold rule though he has committed three distinct crimes of different titles. where instead of serving three sentences at different periods. provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed proper. Suspension from public office. Arresto menor. — When the culprit has to serve two or more penalties. 7. 3. Prision correccional. with kidnapping and murder has been sentenced to Reclusion perpetua for each crime he has committed. 8. the following rules shall be observed: In the imposition of the penalties. Art. Notwithstanding the provisions of the rule next preceding. the right to follow a profession or calling. : The best rule for this article is the three-fold rule. : With connection to Justifying Circumstances and Circumstances which exempt from criminal liability.chan robles virtual law library 6. Prision mayor. 5. and 12. Ex: A man committing robbery.deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12. Destierro. For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale: 1. Reclusion perpetua. Arresto mayor. in view of the number and nature of the conditions of exemption present or lacking. or should they have been served out. the right to vote and be voted for. Such maximum period shall in no case exceed forty years. 70. If you were the judge presiding over the case. and may be imposed only in the number and nature of the conditions of exemption present or lacking. the maximum duration of the convict's sentence shall not be more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. 11. should a pardon have been granted as to the penalty or penalties first imposed. he shall serve them simultaneously if the nature of the penalties will so permit otherwise. Perpetual absolute disqualification. In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty years. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period. they all get served at the same period at the maximum period possible.
in applying such lower or higher penalty. Graduated scales. Fine. 41. 5. The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty. The courts. Reclusion temporal. — The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the judgments rendered against him. Public censure. — In the case in which the law prescribed a penalty lower or higher by one or more degrees than another given penalty. the rules prescribed in Article 61 shall be observed in graduating such penalty. Death. 5. it must be understood that the accessory penalties are also imposed upon the convict. 2. 9. the right to vote and be voted for. Art. . 73. Art. Fine. 6. Presumption in regard to the imposition of accessory penalties. 10. 72. the right to follow a profession or calling. according to the provisions of Articles 40. Art. : This refers to the payment and civil liability of an individual as to when he or she should pay for such liability beginning with the first. 3. carries with it other penalties. SCALE NO. 40. Arresto menor. Public censure. Prision correccional. Instead of adding all three which are punishable with Reclusion perpetua which equals 120 years. it will be reduced to 40 years instead. 2 1. beginning with the first in order of time. 43 and 44 shall also be imposed on the convict who has been accessory to the crime. : The abovementioned scales of penalty shall be followed when imposing the punishment on the accused. 4. Perpetual absolute disqualification. by provision of law. 42. 8. 42.and 1 day to 40 years. Temporal absolute disqualification 3. : The provisions of Art. Reclusion perpetua. shall observe the following graduated scales: SCALE NO. — Whenever the courts shall impose a penalty which. Preference in the payment of the civil liabilities. 1 1. 71. 43 and 44 of this Code. 7. 2. Destierro. Suspension from public office. 4. 41. Arresto mayor. Prision mayor.
— The legal period of duration of divisible penalties shall be considered as divided into three parts. 1 day – 2 yrs & 4 mos .Art. : Depending on the degree of the crime. without however. if such higher penalty should be that of death. & mos 1 . shall be considered as the next higher penalty. & day 1 – 4 day mos 110 day s 1120 day s . Increasing or reducing the penalty of fine by one or more degrees. D 6 mos . 76. forming three periods. is the basis of how the fine must be paid. 6 yrs & 1 day – 8 yrs PC. 14 yrs & 8 mos . Art. mos 4 . & . 2 2 yrs. is next the next possible punishment or the application of the three-fold rule. & 1 day – 6 yrs AM Am 130 day s Minimu m Mediu m 8 yrs & 1 day – 10 yrs 1 mo nth & 1 day – 6 mos . SD 12 6 yrs yrs & 1 & 1 day day – 20 – 12 yrs. AD. but are made proportional. the same penalty and the accessory penalties of Article 40. The same rules shall be observed with regard of fines that do not consist of a fixed amount. 74. which in this case may be life imprisonment (although we do not say so). Penalty higher than reclusion perpetua in certain cases. : Since the Death penalty has been abolished. it shall be increased or reduced. 6 1-2 mos mos . respectively. – 17 yrs. Legal period of duration of divisible penalties. without specially designating the name of the former. the minimum. by one-fourth of the maximum amount prescribed by law. 75. — Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees. changing the minimum. Art. — In cases in which the law prescribes a penalty higher than another given penalty. and the maximum in the manner shown in the following table: Penalti es Entiret y RT PM. for each degree. S. yrs 12 yrs & 1 day – 14 yrs & 8 mos . the next higher penalty next to Reclusion perpetua. the medium.
Maximu m – 4 yrs & 2 mos . & – 12 . : If the crime prescribes three (3) distinct penalties. . the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed. 17 10 4 yrs. and their diet. — No penalty shall be executed except by virtue of a final judgment. 79. the execution of said sentence shall be suspended only with regard to the . the periods shall be distributed. In addition to the provisions of the law. medium and maximum. : The penalty is to be imposed once final judgment has been served to the accused. & 1 day – 6 mos . 4 & 1 2 mos day mos . each will form one period: minimum. the lightest of them shall be the minimum the next the medium. 2130 day s RT–Reclusion Temporal PC–Prision Correccional PM – Prision Mayor S -Suspension AD – Absolute Disqualification D . applying by analogy the prescribed rules. Whenever the penalty prescribed does not have one of the forms specially provided for in this Code. Art. each one shall form a period. When and how a penalty is to be executed. The regulations shall make provision for the separation of the sexes in different institutions. the relations of the convicts among themselves and other persons. A penalty shall not be executed in any other form than that prescribed by law.4 mos . When the penalty is a complex one composed of three distinct penalties. — When a convict shall become insane or an imbecile after final sentence has been pronounced. and other incidents connected therewith. the time of its performance. Art. nor with any other circumstances or incidents than those expressly authorized thereby. 77. — In cases in which the law prescribes a penalty composed of three distinct penalties. Suspension of the execution and service of the penalties in case of insanity. 4 mos .Destierro SD – Special Disqualification AM – Arresto Mayor Am – Arresto Menor Art. yrs. From the lightest to the most severe punishment to be imposed on the accused. or at least into different departments and also for the correction and reform of the convicts. & 1 yrs 1 day day – 20 – 6 yrs. the relief which they may receive. and the most severe the maximum period. 78. yrs yrs.
after hearing the evidence in the proper proceedings. Art. The Director of Public Welfare or his duly authorized representatives or agents. he shall . instead of pronouncing judgment of conviction. shall submit to the court every four months and as often as required in special cases. In case the minor fails to behave properly or to comply with the regulations of the institution to which he has been committed or with the conditions imposed upon him when he was committed to the care of a responsible person. Only in these special cases will the sentence be commuted. The court. he shall be returned to the court in order that the same may order his final release. his sentence shall be executed. such minor may be allowed to stay elsewhere under the care of a responsible person. or not. homeless. his sentence will be commuted. with the approval of the Director of Public Welfare and subject to such conditions as this official in accordance with law may deem proper to impose. will his sentence resume. — Whenever a minor of either sex. an accused becomes insane or an imbecile. however. shall suspend all further proceedings and shall commit such minor to the custody or care of a public or private. his parents or next of kin.personal penalty. Suspension of sentence of minor delinquents. The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence. The suspension of the proceedings against a minor may be extended or shortened by the court on the recommendation of the Director of Public Welfare or his authorized representative or agents. under sixteen years of age at the date of the commission of a grave or less grave felony. subject to such conditions as are prescribed herein below until such minor shall have reached his majority age or for such less period as the court may deem proper. defective. shall take into consideration the religion of such minor. : If during the entirety of the sentence. the court. or the person to whose custody or care the minor has been committed. in committing said minor as provided above. is accused thereof. correction or education of orphaned. or to the custody or care of any other responsible person in any other place subject to visitation and supervision by the Director of Public Welfare or any of his agents or representatives. be affected by those contained herein. the provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases. If at any time the convict shall recover his reason. established under the law of the care. a written report on the good or bad conduct of said minor and the moral and intellectual progress made by him. or in case he should be found incorrigible or his continued stay in such institution should be inadvisable. or otherwise by the superintendent of public schools or his representatives. unless the penalty shall have prescribed in accordance with the provisions of this Code. The provisions of the first paragraph of this article shall not. If the minor has behaved properly and has complied with the conditions imposed upon him during his confinement. 80. If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of this article. and delinquent children. in order to avoid his commitment to any private institution not under the control and supervision of the religious sect or denomination to which they belong. the superintendent of public schools or his representatives. in accordance with the provisions of this article. benevolent or charitable institution. and should his sanity regain. according as to whether the conduct of such minor has been good or not and whether he has complied with the conditions imposed upon him. or the superintendent of public schools or his representatives. if there be any.
Art. : This article provides where the convicts serving the 1st scale of penalties are serving out there sentences. and the remaining one-third shall be borne by the National Government: Provided. Provided. such share which is not paid by said municipality shall be borne by the National Government. or in the house of the defendant himself under the surveillance of an officer of the law. Destierro. taking into consideration the health of the offender and other reasons which may seem satisfactory to it. prision mayor. however. and in case a chartered city cannot pay said expenses. Chartered cities shall pay twothirds of said expenses. Art. That whenever the Secretary of Finance certifies that a municipality is not able to pay its share in the expenses above mentioned. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence. — The penalties of reclusion perpetua. prision correccional and arresto mayor. prision correccional and arresto mayor. Reclusion perpetua. shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future. or if in case the person to be executed is a female (who in this case may be pregnant). : This article refers to where the accused will serve out his sentence should he be imposed upon the penalty of arresto menor. prision mayor. where the burial of the corpse should take place. The abovementioned article will prevail in cases such as these. reclusion temporal.be returned to the court in order that the same may render the judgment corresponding to the crime committed by him. which shall be not more than 250 and not less than 25 kilometers from the place designated. — The penalty of arresto menor shall be served in the municipal jail. The expenses for the maintenance of a minor delinquent confined in the institution to which he has been committed. shall be borne totally or partially by his parents or relatives or those persons liable to support him. 88. 86. the internal revenue allotments which may be due to said city shall be withheld and applied in settlement of said indebtedness in accordance with section five hundred and eightyeight of the Administrative Code. That in case his parents or relatives or those persons liable to support him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses. nor within the radius therein specified. in the discretion of the court. Art. the province to which the municipality belongs shall pay one-third. if they are able to do so. and where the execution will take place. when the court so provides in its decision. 81-85 : These articles pertain to the Death sentences. 87. : This article is connected with children in conflict with the law who has been deemed as a convict although minority in age. : This article refers to the accused until where is his jurisdiction if he aggravated someone. Art. the municipality in which the offense was committed shall pay onethird of said expenses. Arresto menor. . reclusion temporal.
or are unjustifiably stopped for any reason not imputable to him. the highest penalty shall be made the basis of the application of the rules contained in the first. when the during the service of the sentence. Computation of prescription of offenses. 90. — Criminal liability is totally extinguished: 1. 5. should the rape victim marry the rapist. the liability of the rapist will be extinguished. By the death of the convict. — Crimes punishable by death. 7. : Pardon defined: it excuses the sentence. Light offenses prescribe in two months. everything is extinguished. which shall prescribe in five years. By prescription of the penalty. By amnesty. and shall be interrupted by the filing of the complaint or information. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. this is when the criminal liability gets extinguished. By service of the sentence. When the penalty fixed by law is a compound one. 2. the convict dies. but in the case of absolute pardon. and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted. which completely extinguishes the penalty and all its effects. Art. reclusion perpetua or reclusion temporal shall prescribe in twenty years. Art. By absolute pardon. as to the personal penalties and as to pecuniary penalties. The crime of oral defamation and slander by deed shall prescribe in six months. the authorities. The term of prescription shall not run when the offender is absent from the Philippine Archipelago. as provided in Article 344 of this Code. : In the case of rape. : This refers to. second and third paragraphs of this article. liability therefor is extinguished only when the death of the offender occurs before final judgment. the sentence dies with him. : Upon finishing the service of the sentence. : Amnesty defined: the crime and the sentence is totally extinguished 4. : This refers to the crime committed and what are the years to be served out. 6.Art. How criminal liability is totally extinguished. Prescription of crime. with the exception of those punishable by arresto mayor. or their agents. The crime of libel or other similar offenses shall prescribe in one year. 3. Those punishable by a correctional penalty shall prescribe in ten years. 91. but not the liability. — The period of prescription shall commence to run from the day on which the crime is discovered by the offended party. By prescription of the crime. 89. . By the marriage of the offended woman.
or should commit another crime before the expiration of the period of prescription. — The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former. Partial Extinction of criminal liability. which prescribes in five years. Art. of his imprisonment. Correctional penalties. During the third to the fifth year. his sentence has been cut or commuted and he has done good conduct. When and how penalties prescribe. For good conduct allowances which the culprit may earn while he is serving his sentence. Other afflictive penalties. Allowance for good conduct. : This occurs when the person serving the sentence has been pardoned. Art. Computation of the prescription of penalties. he shall be allowed a deduction of fifteen days for each month of good behavior. and 4. inclusive. of his imprisonment. and 3. Art. 4. he shall be allowed a deduction of eight days for each month of good behavior. Effect of commutation of sentence. During the eleventh and successive years of his imprisonment. Art. 95. : Those who have been pardoned have to follow rules so as not to be convicted again. Art. in ten years. he shall be allowed a deduction of five days for each month of good behavior. . — Criminal liability is extinguished partially: 1. his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him. 96. 93. and it shall be interrupted if the defendant should give himself up.: This article refers to the day when the crime has been discovered by the authorities and should the convict flee to another country. By commutation of the sentence. 2. 2. Light penalties. he shall be allowed a deduction of ten days for each month of good behavior. During the first two years of his imprisonment. should go to some foreign country with which this Government has no extradition treaty. — The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence. in one year. — The penalties imposed by final sentence prescribe as follows: 1. 97. — Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise. 2. 92. 3. inclusive. Obligation incurred by person granted conditional pardon. — The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: 1. During the following years until the tenth year. in twenty years. 94. be captured. in fifteen years. Death and reclusion perpetua. 3. Art. his term of sentence will be interrupted and would resume should he come back to the Philippines. with the exception of the penalty of arresto mayor. By conditional pardon.
in sound discretion. unless it appears that there was no fault or negligence on their part. the civil liability for acts committed by an imbecile or insane person. and by a person under nine years of age. When the respective shares cannot be equitably determined. 2. imbecile. 101. 100. gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article.: This goes to show. and 3 of Article 12. and. Should there be no person having such insane. In cases of subdivisions 1. Rules regarding civil liability in certain cases. or by one over nine but under fifteen years of age. who has acted without discernment. — A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who. that for every good behavior a convict has shown inside the prison cell. thing or moral as dictated by Art. or minor shall respond with their own property. the persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received. the proportionate amount for which each one shall be liable. 99. which shall be enforced subject to the following rules: First. or to the majority of the inhabitants of the town. excepting property exempt from execution. Who grants time allowances. : This occurs when a convict gives himself up after forty-eight (48) hours. said insane. the Director of Prisons shall grant allowances for good conduct. In cases falling within subdivisions 5 and 6 of Article 12. — Whenever lawfully justified. Such allowances once granted shall not be revoked. legal guardianship or control. : It is the Director of Prisons who grants the allowance for every good conduct. Third. whenever the damages have been caused with the consent of the authorities or their agents. having evaded the service of his sentence under the circumstances mentioned in Article 58 of this Code. Art. Special time allowance for loyalty. 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability. 20 and 21 of the Civil Code). imbecile or minor under his authority. — The exemption from criminal liability established in subdivisions 1. or if such person be insolvent. or. in all events. 19. the days in the term of sentence shall be reduced. indemnification shall be made in the manner prescribed by special laws or regulations. if there be no such . — Every person criminally liable for a felony is also civilly liable. shall devolve upon those having such person under their legal authority or control. In cases falling within subdivision 4 of Article 11. in accordance with the civil law. 3. Second. the persons using violence or causing the fears shall be primarily liable and secondarily. even approximately. 2. Art. or when the liability also attaches to the Government. Art. The courts shall determine. 98. : It is true for those who has a criminal liability has a civil liability (against persons. Art. His sentence gets commuted and 1/5th of the sentence is removed. Civil liability of a person guilty of felony.
by law. 105. 102. the manager or owner is liable civilly if anything went missing or was stolen. bar an action for its recovery. tavernkeepers. Art. 101. : It is also applicable to employers. : In business establishments. — In default of the persons criminally liable. : Still this is in connection to Arts. — The restitution of the thing itself must be made whenever possible. persons. or diminution of value as determined by the court. or for the payment of the value thereof. No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees. Art. teachers. Restitution. : The return of the value of such stolen object. even though it be found in the possession of a third person who has acquired it by lawful means. Or if it has sentimental value. or employees in the discharge of their duties. saving to the latter his action against the proper person. Subsidiary civil liability of other persons.persons. the manager is held liable for their crimes. apprentices. Subsidiary civil liability of innkeepers. Art. Restitution. teachers. Same goes with the staff of the manager. Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from guests lodging therein. 104. — The subsidiary liability established in the next preceding article shall also apply to employers. who may be liable to him. saving always to the latter that part of their property exempt from execution. and corporations engaged in any kind of industry for felonies committed by their servants. The thing itself shall be restored. Reparation of the damage caused. Art. 3. and shall furthermore have followed the directions which such innkeeper or his representative may have given them with respect to the care and vigilance over such goods. those doing the act shall be liable. 103. workmen. of the deposit of such goods within the inn. . 102. — The civil liability established in Articles 100. in all cases where a violation of municipal ordinances or some general or special police regulation shall have been committed by them or their employees. and any other persons or corporations shall be civilly liable for crimes committed in their establishments. and 103 of this Code includes: 1. if they committed a crime. provided that such guests shall have notified in advance the innkeeper himself. How made. Indemnification for consequential damages. tavernkeepers and proprietors of establishments. with allowance for any deterioration. or the person representing him. you must return the same or higher value. pupils. innkeepers. What is included in civil liability. persons and discharges. This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which. 19-21 of the Civil Code of the Philippines. 2.
and subsidiaries for those of the other persons liable. — Notwithstanding the provisions of the next preceding article. The action to demand restoration. Preference in payment. the next of kin has a right. — If there are two or more persons civilly liable for a felony. accomplices. : When the object taken is damaged. — Indemnification for consequential damages shall include not only those caused the injured party. Art. — The obligation to make restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the person liable. her next of kin is claiming for the pin. accomplices and accessories of a felony. and reparation shall be made accordingly. Should the next of kin have a right on the pin? A: Yes. : This includes paying to the family of the person whom the damage has been brought it upon. Obligation to make restoration. first against the property of the principals. 110. should the person pass on to the next life. The subsidiary liability shall be enforced. each within their respective class. In the case at bar. indemnification and restoration. a pin of inestimable value was taken from a woman and his family. And because of that they were killed in the gas chambers. and indemnification likewise descends to the heirs of the person injured. Share of each person civilly liable. or indemnification for consequential damages and actions to demand the same. Art. How made. next. lastly. Several and subsidiary liability of principals. against that of the accomplices. Art. taking into consideration the price of the thing. one must have it repaired to its original value. the next of kin has a right to the pin. against that of the accessories. Art. an object of value taken by force from a person should be returned to the next of kin. : Each person who is civilly liable must pay an amount as determined by the courts. reparation. Art. and its special sentimental value to the injured party. shall be liable severally (in solidum) among themselves for their quotas. the principals. all obligations of repair. 109. but also those suffered by his family or by a third person by reason of the crime. : This is to the heirs of the person to whom the damage has been brought upon. and since she has passed away. and. . What is included. Reparation. the courts shall determine the amount for which each must respond. 106. 108. reparation for damages.Ex: A man who in exchange for transportation took a pin of inestimable value from a woman and her family. Indemnification. If in any way. whenever possible. in exchange they had to die in the gas chambers. — The court shall determine the amount of damage. Upon whom it devolves. 107. and accessories.
notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights. So. : Civil liability is extinguished according with the provisions of the Civil Law. — Any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation. and 3) How it operates Indeterminate Sentence Law governs whether the crime is punishable under the Revised Penal Code or a special Law. months and days. and 103 of this Code shall be extinguished in the same manner as obligations. Art. or has not been required to serve the same by reason of amnesty. Obligation to satisfy civil liability. — Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him. Art. the purpose of the Indeterminate Sentence Law in shortening the possible detention of the convict in jail is to save valuable human resources. Art. 112. because it is proven to be more destructive than constructive to the offender. 4013 Indeterminate Sentence Law (ISLAW) Three (3) things to know about the Indeterminate Sentence Law: 1) Its purpose. In determining the applicable penalty according to the Indeterminate Sentence Law. The purpose of the Indeterminate Sentence law is to avoid prolonged imprisonment. in accordance with the provisions of the Civil Law. Obligation to make restitution in certain cases. 101. there is no need to mention the number of years. . 111. It is not limited to violations of the Revised Penal Code. — Civil liability established in Articles 100. 102. Extinction of civil liability. Act no. pardon. : If the person’s civil liability is not yet extinguished then his obligation to pay for such liability goes on until it has been satisfied. the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares. commutation of sentence or any other reason. 113.Whenever the liability in solidum or the subsidiary liability has been enforced. it is enough that the name of the penalty is mentioned while the Indeterminate Sentence Law is applied. : For accomplices who took part in a commission of the crime is liable as well and must pay that which is payable. 2) Instances when it does not apply.
Presidential Decree No. Exception: If the earlier conviction refers to a crime the penalty of which does not exceed 30 days imprisonment or a fine of not more than P200. (4) Persons convicted of piracy. This may be availed of before the convict begins serving sentence by final judgment and provided that he did not appeal anymore from conviction. the basis for determining whether the penalty disqualifies the offender from probation or not is the term of the individual imprisonment and not the totality of all the prison terms imposed in the decision. and The offender involved. crimes under special law do not consider mitigating or aggravating circumstance present in the commission of the crime. the offender is not disqualified by such penalty from applying for probation. Without regard to the nature of the crime. The Indeterminate Sentence Law shall not apply to: (1) Persons convicted of offense punishable with death penalty or life imprisonment. only those whose penalty does not exceed six years of imprisonment are those qualified for probation. The penalty imposed. conspiracy or proposal to commit treason.00. If the penalty is six years plus one day. espionage. there are no degree or periods. such convict is not disqualified of the . (7) Those who have been granted conditional pardon by the Chief Executive and hall have violated the term thereto. (6) Persons who shall have escaped from confinement or evaded sentence. if none of the individual penalties exceeds six years. Moreover. no. If the offender was convicted of several offenses which were tried jointly and one decision was rendered where multiple sentences imposed several prison terms as penalty. (3) Persons convicted of misprision of treason. So even if the prison term would sum up to more than six years. 968 (Probation Law) Probation is a manner of disposing of an accused who have been convicted by a trial court by placing him under supervision of a probation officer. according to – (1) (2) (3) The time committed. (2) Persons convicted of treason. under such terms and conditions that the court may fix. (5) Persons who are habitual delinquents. Ex: May a recidivist be given the benefit of Probation Law? A: As a general rule. Disqualification may be divided into three. but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law. he is no longer qualified for probation. sedition. rebellion.Crimes punished under special law carry only one penalty. (8) Those whose maximum term of imprisonment does not exceed one year.
He should not wait up to the time when he interposes an appeal or the sentence has become final and executory.benefit of probation. These conditions being mandatory. or (3) Probation will depreciate the seriousness of the crime. So the benefit of probation must be invoked at the earliest instance after conviction. he is not disqualified from probation provided that the penalty of the current crime committed does not go beyond six years and the nature of the crime committed by him is not against public order. the moment any of these is violate. and (2) The convict. The idea is that probation has to be invoked at the earliest opportunity. Although a person may be eligible for probation. and Discretionary conditions. as a probationer. the probation is cancelled. Probation shall be denied if the court finds: (1) That the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution. So even if he would be convicted subsequently of a crime embraced in the same title of the Revised Penal Code as that of the earlier conviction. national security or subversion. the moment he perfects an appeal from the judgment of conviction. and (2) such condition should not be incompatible with the freedom of conscience of the probationer. . Discretionary conditions: The trial court which approved the application for probation may impose any condition which may be constructive to the correction of the offender. (2) That there is undue risk that during the period of probation the offender will commit another crime. Mandatory conditions: (1) The convict must report to the Probation Officer (PO) designated in the court order approving his application for Probation within 72 hours from receipt of Notice of such order approving his application. must report to the PO at least once a month during the period of probation unless sooner required by the PO. he cannot avail of probation anymore. provided the same would not violate the constitutional rights of the offender and subject to this two restrictions: (1) the conditions imposed should not be unduly restrictive of the probationer. The probation law imposes two kinds of conditions: (1) (2) Mandatory conditions.
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