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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


*** CULLED FROM THE BOOKS OF REYES, GREGORIO, PALATTAO & SANDOVAL WITH EXCERPTS FROM ORTEGA NOTES

Criminal Law A branch of municipal law which defines crimes, treats of their nature
and provides for their punishment. Legal Basis of Punishment The power to punish violators of criminal law comes within the police power of the state. It is the injury inflicted to the public which a criminal action seeks to redress, and not the injury to the individual. The objective of the punishment is two-fold: absolute and relative . The abso !"# "$#o%& is to inflict punishment as a form of retributive justice. It is to destroy wrong in its effort to annihilate right, to put an end to the criminal activity of the offender. On the other hand, the %# a"'(# "$#o%& purports to prevent the offender from further offending public right or to the right to repel an imminent or actual aggression, exemplary or by way of example to others not to follow the path taken by the offender and ultimately for reformation or to place him under detention to teach him the obligations of a law-abiding citi en. Po e! to Ena"t Penal La s Only the legislative branch of the government can enact penal laws . !hile the "resident may define and punish an act as a crime, such exercise of power is not executive but legislative as he derives such power from the law-making body. It is in essence, an exercise of legislative power by the #hief $xecutive.
Limitations on the power of Congress to enact penal laws 1. 2. 3. 4. Must be general in application. Must not partake of the nature of an ex post facto law. Must not partake of the nature of a bill of attainder. Must not impose cruel and unusual punishment or excessive fines.

Characteristics of Criminal Law: (G.T.P.)


1.

General

the law is binding to all persons who reside in the !hilippines

Generality of criminal law 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 the" are in the countr" where the" are assigned. Note that consuls are not diplomatic officers. #his includes consul$general, vice$consul or an" consul in a foreign countr", who are therefore, not immune to the operation or application of the penal law of the countr" where the" are assigned. %onsuls are sub&ect to the penal laws of the countr" where the" are assigned. It has no reference to territory. 'henever "ou are asked to explain this, it does not include territor". (t refers to persons that ma" be governed b" the penal law.

E#"e$tions to gene!al a$$li"ation of "!iminal la % a% principles of public international law b% treaties or treaty stipulations

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


2.

c% laws of preferential application Territorial the law is binding to all crimes committed within the )ational #erritor" of the !hilippines Exception to Territorial Application* (nstances enumerated under Article 2.

Territoriality means that the penal laws of the countr" have force and effect onl" within its territor". (t cannot penali+e crimes committed outside the same. #his is sub&ect to certain exceptions brought about b" international agreements and practice. #he territor" of the countr" is not limited to the land where its sovereignt" resides but includes also its maritime and interior waters as well as its atmosphere. Terrestrial jurisdiction is the &urisdiction exercised over land. Fluvial jurisdiction is the &urisdiction exercised over maritime and interior waters. erial jurisdiction is the &urisdiction exercised over the atmosphere. The Archipelagic Rule ll bodies of water comprising the maritime !one and interior waters abounding different islands comprising the "hilippine rchipelago are part of the "hilippine territory regardless of their breadth, depth, width or dimension.

W$a" &. (. ).

D#"#%)'*#s +!%'s,'-"'o* '* a C%')'*a Cas#. "lace where the crime was committed' The nature of the crime committed' and The person committing the crime.

3. Prospective (Prospectivity) the law does not have an" retroactive effect. Exception to Prospective Application: when new statute is favorable to the accused.
#his is also called irretrospectivity. cts or omissions will only be subject to a penal law if they are committed after a penal law had already ta#en effect. ,ice$versa, this act or omission which has been committed before the effectivit" of a penal law could not be penali+ed b" such penal law because penal laws operate onl" prospectivel". The exception where a penal law may be given retroactive application is true only with a repealing law. If it is an original penal law, that exception can never operate. 'hat is contemplated b" the exception is that there is an original law and there is a repealing law repealing the original law. (t is the repealing law that ma" be given retroactive application to those who violated the original law, if the repealing penal law is more favorable to the offender who violated the original law. (f there is onl" one penal law, it can never be given retroactive effect.

ffect of repeal of penal law to lia!ilit" of offen#er


A repeal is absolute or total when the crime punished under the repealed law has been decriminali!ed by the repeal. $ecause of the repeal, the act or omission which used to be a crime is no longer a crime. An example is -epublic Act )o. .3/3, which decriminali+ed subversion. A repeal is partial or relative when the crime punished under the repealed law continues to be a crime inspite of the repeal. This means that the repeal merely modified the conditions affecting the crime under the repealed law. #he modification ma" be pre&udicial or beneficial to the offender. 0ence, the following rule* Conse$uences if repeal of penal law is total or a!solute %&' If a case is pending in court involving the violation of the repealed law , the same shall be dismissed, even though the accused may be a habitual delin(uent. #his is so because all persons accused of a crime are presumed innocent until the" are convicted b" final &udgment. Therefore, the accused shall be ac(uitted.

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


%)' If a case is already decided and the accused is already serving sentence by final judgment , if the convict is not a habitual delin(uent, then he will be entitled to a release unless there is a reservation clause in the penal law that it will not apply to those serving sentence at the time of the repeal. $ut if there is no reservation, those who are not habitual delin(uents even if they are already serving their sentence will receive the benefit of the repealing law. They are entitled to release. This does not mean that if they are not released, they are free to escape . (f the" escape, the" commit the crime of evasion of sentence, even if there is no more legal basis to hold them in the penitentiar". #his is so because prisoners are accountabilities of the government1 the" are not supposed to step out simpl" because their sentence has alread" been, or that the law under which the" are sentenced has been declared null and void. (f the" are not discharged from confinement, a petition for habeas corpus should be filed to test the legalit" of their continued confinement in &ail. If the convict, on the other hand, is a habitual delinquent, he will continue serving the sentence in spite of the fact that the law under which he was convicted has already been absolutely repealed. #his is so because penal laws should be given retroactive application to favor onl" those who are not habitual delin2uents. Conse$uences if repeal of penal law is partial or relative %&' If a case is pending in court involving the violation of the repealed law, and the repealing law is more favorable to the accused, it shall be the one applied to him. 3o whether he is a habitual delin2uent or not, if the case is still pending in court, the repealing law will be the one to appl" unless there is a saving clause in the repealing law that it shall not appl" to pending causes of action. If a case is already decided and the accused is already serving sentence by final judgment , even if the repealing law is partial or relative, the crime still remains to be a crime. Those who are not habitual delin(uents will benefit on the effect of that repeal, so that if the repeal is more lenient to them, it will be the repealing law that will henceforth apply to them. 6xpress or implied repeal refers to the manner the repeal is done.

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Express or implied repeal.

Express repeal ta#es place when a subse(uent law contains a provision that such law repeals an earlier enactment. 7or example, in -epublic Act )o. /428 4#he 9angerous 9rugs Act of 1:.25, there is an express provision of repeal of #itle , of the -evised !enal %ode. Implied repeals are not favored. It re(uires a competent court to declare an implied repeal. n implied repeal will ta#e place when there is a law on a particular subject matter and a subse(uent law is passed also on the same subject matter but is inconsistent with the first law, such that the two laws cannot stand together, one of the two laws must give way. It is the earlier that will give way to the later law because the later law expresses the recent legislative sentiment. 3o "ou can have an implied repeal when there are two inconsistent laws. 'hen the earlier law does not expressl" provide that it is repealing an earlier law, what has taken place here is implied repeal. (f the two laws can be reconciled, the court shall alwa"s tr" to avoid an implied repeal. 7or e%ample, under Article :, light felonies are those infractions of the law for the commission of which a penalt" of arresto ma"or or a fine not exceeding !2;;.;; or both is provided. <n the other hand, under Article 2/, a fine whether imposed as a single or an alternative penalt", if it exceeds !/,;;;.;; but is not less than ! 2;;.;;, is considered a correctional penalt". #hese two articles appear to be inconsistent. 3o to harmoni+e them, the 3upreme %ourt ruled that if the issue involves the prescription of the crime, that felon" will be considered a light felon" and, therefore, prescribes within two months. =ut if the issue involves prescription of the penalt", the fine of !2;;.;; will be considered correctional and it will prescribe within 1; "ears. %learl", the court avoided the collision between the two articles. Conse$uences if repeal of penal law is e%press or implie# %&' If a penal law is impliedly repealed, the subse(uent repeal of the repealing law will revive the original law. 3o the act or omission which was punished as a crime under the original law will be revived and the same shall again be crimes although during the implied repeal the" ma" not be punishable.

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


%)' If the repeal is express, the repeal of the repealing law will not revive the first law, so the act or omission will no longer be penali+ed.

These effects of repeal do not apply to self-repealing laws or those which have automatic termination. An example is the -ent %ontrol >aw which is revived b" %ongress ever" two "ears. 'hen there is a repeal, the repealing law expresses the legislative intention to do awa" with such law, and, therefore, implies a condonation of the punishment. 3uch legislative intention does not exist in a self$terminating law because there was no repeal at all. In Co v. CA decided on !ctober "# $%%& it was held that the principle of prospectivity of statutes also applies to administrative rulings and circulars.

Theories of Criminal Law


1.

Classical Theor" Man is essentiall" a moral creature with an absolute free will to choose between good and evil and therefore more stress is placed upon the result of the felonious act than upon the criminal himself.

The purpose of penalty is retribution. The offender is made to suffer for the wrong he has done. There is scant regard for the human element of the crime. The law does not loo# into why the offender committed the crime. *apital punishment is a product of this #ind of this school of thought. +an is regarded as a moral creature who understands right from wrong. ,o that when he commits a wrong, he must be prepared to accept the punishment therefore. 2. Positivist Theor"

Man is subdued occasionall" b" a strange and morbid phenomenon which conditions him to do wrong in spite of or contrar" to his volition. *#rime is essentially a social and natural phenomenon%

The purpose of penalty is reformation. There is great respect for the human element because the offender is regarded as socially sic# who needs treatment, not punishment. *rimes are regarded as social phenomena which constrain a person to do wrong although not of his own volition

clectic or &i%e# Philosoph"


This combines both positivist and classical thin#ing. *rimes that are economic and social and nature should be dealt with in a positivist manner- thus, the law is more compassionate. Heinous crimes should be dealt with in a classical manner- thus, capital punishment.

'ources of Criminal Law


1. #he -evised !enal %ode 2. 3pecial !enal >aws Acts enacted of the !hilippine >egislature punishing offenses or omissions.

Construction of Penal Laws


1. %riminal 3tatutes are liberall" construed in favor of the offender. #his means that no person shall be brought within their terms who is not clearl" within them, nor should an" act be pronounced criminal which is not clearl" made so b" statute. 2. #he original text in which a penal law is approved in case of a conflict with an official translation. 3. (nterpretation b" analog" has no place in criminal law

(A')C &A*)&' )+ CR)&)+AL LA,


-octrine of Pro Reo .henever a penal law is to be construed or applied and the law admits of two interpretations / one lenient to the offender and one strict to the offender / that interpretation which is lenient or favorable to the offender will be adopted. #his is in consonance with the fundamental rule that all doubts shall be construed in favor of the accused and consistent with presumption of innocence of the accused. #his is peculiar onl" to criminal law.

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


+ullum crimen. nulla poena sine lege There is no crime when there is no law punishing the same. #his is true to civil law countries, but not to common law countries. =ecause of this maxim, there is no common law crime in the "hilippines. )o matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a crime. %ommon law crimes are wrongful acts which the communit"?societ" condemns as contemptible, even though there is no law declaring the act criminal. )ot an" law punishing an act or omission ma" be valid as a criminal law. (f 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. #his is true to a felon" characteri+ed b" dolo, but not a felon" resulting from culpa. #his maxim is not an absolute one because it is not applied to culpable felonies, or those that result from negligence. /tilitarian Theor" or Protective Theor" The primary purpose of the punishment under criminal law is the protection of society from actual and potential wrongdoers. #he courts, therefore, in exacting retribution for the wronged societ", should direct the punishment to potential or actual wrongdoers, since criminal law is directed against acts and omissions which the societ" does not approve. %onsistent with this theor", the mala prohibita principle which punishes an offense regardless of malice or criminal intent, should not be utili+ed to appl" the full harshness of the special law. In 'agno v CA decided on (une ") $%%" . the 3upreme %ourt ac2uitted Magno of violation of =atas !ambansa =lg. 22 when he acted without malice . The wrongdoer is not +agno but the lessor who deposited the chec#s. He should have returned the chec#s to +agno when he pulled out the e(uipment. #o convict the accused would defeat the noble ob&ective of the law and the law would be tainted with materialism and opportunism.

&ALA )+ ' A+- &ALA PR01)()TA


iolations of the !evised Penal "ode are referred to as malum in se, which literall" means, that the act is inherentl" evil or bad or per se wrongful. <n the other hand, violations of special laws are generall" referred to as malum prohibitum. )ote, however, that not all violations of special laws are mala prohibita. 'hile intentional felonies are alwa"s mala in se, it does not follow that prohibited acts done in violation of special laws are alwa"s mala prohibita. 0ven if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lac# of criminal intent is a valid defense- unless it is the product of criminal negligence or culpa. >ikewise when the special laws re(uires that the punished act be committed #nowingly and willfully, criminal intent is re(uired to be proved before criminal liability may arise. .hen the act penali!ed is not inherently wrong , it is wrong onl" because a law punishes the same. 7or example, !residential 9ecree )o. 832 punishes pirac" in !hilippine waters and the special law punishing brigandage in the highwa"s. #hese acts are inherentl" wrong and although the" are punished under special law, the acts themselves are mala in se1 thus, good faith or lack of criminal intent is a defense.

Mala in se vs. Mala prohibita C!imes mala in se Those so serious in their effects on society as to call for almost unanimous condemnation of its members'

C!imes mala $!ohibita Those violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


#riminal intent necessary #riminal intent is not necessary +efers generally to felonies defined +efers generally to acts made and penali ed by the +evised "enal criminal by special laws #ode
-istinction !etween crimes punishe# un#er the Revise# Penal Co#e an# crimes punishe# un#er special laws 1. #s to moral trait of the offender In crimes punished under the 1evised "enal *ode , the moral trait of the offender is considered. #his is wh" liabilit" would onl" arise when there is dolo or culpa in the commission of the punishable act. In crimes punished under special laws, the moral trait of the offender is not considered1 it is enough that the prohibited act was voluntaril" done. 2. #s to use of good faith as defense In crimes punished under the 1evised "enal *ode , good faith or lack of criminal intent is a valid defense1 unless the crime is the result of culpa In crimes punished under special laws, good faith is not a defense 3. #s to degree of accomplishment of the crime In crimes punished under the 1evised "enal *ode, the degree of accomplishment of the crime is taken into account in punishing the offender1 thus, there are attempted, frustrated, and consummated stages in the commission of the crime. In crimes punished under special laws, the act gives rise to a crime onl" when it is consummated1 there are no attempted or frustrated stages, unless the special law expressl" penali+e the mere attempt or frustration of the crime. 4. #s to mitigating and aggravating circumstances In crimes punished under the 1evised "enal *ode, mitigating and aggravating circumstances are taken into account in imposing the penalt" since the moral trait of the offender is considered. In crimes punished under special laws, mitigating and aggravating circumstances are not taken into account in imposing the penalt". 8. #s to degree of participation In crimes punished under the 1evised "enal *ode, when there is more than one offender, the degree of participation of each in the commission of the crime is taken into account in imposing the penalt"1 thus, offenders are classified as principal, accomplice and accessor". In crimes punished under special laws, the degree of participation of the offenders is not considered. All who perpetrated the prohibited act are penali+ed to the same extent. #here is no principal or accomplice or accessor" to consider. Test to #etermine if violation of special law is malum prohi!itum or malum in se Anal"+e the violation* (s it wrong because there is a law prohibiting it or punishing it as such@ (f "ou remove the law, will the act still be wrong@ If the wording of the law punishing the crime uses the word 2willfully3, then malice must be proven. .here malice is a factor, good faith is a defense. In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not a basis of liability, unless the special law punishes an omission. $hen given a problem, ta%e note if the crime is a violation of the !evised Penal "ode or a special law&

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA Art. 2. This Co#e shall ta3e effect on 4anuar" 2. 2567. Art. 7. #pplication of its provisions. 88 Except as provided in the treaties and laws of preferential application. the provisions of this Co#e shall !e enforce# not onl" within the Philippine Archipelago inclu#ing its atmosphere. its interior waters an# &aritime 9one. !ut also outsi#e of its :uris#iction. against those who: 2. 'houl# commit an offense while on a Philippine ship or airship; 7. 'houl# forge or counterfeit an" coin or currenc" note of the Philippine )slan#s or o!ligations an# securities issue# !" the Government of the Philippine )slan#s; 6. 'houl# !e lia!le for acts connecte# with the intro#uction into these islan#s of the o!ligations an# securities mentione# in the prece#ing num!er; <. ,hile !eing pu!lic officers or emplo"ees. shoul# commit an offense in the e%ercise of their functions; or 4,ome of these crimes are bribery,
fraud against national treasury, malversation of public funds or property, and illegal use of public funds- e.g., judge who accepts a bribe while in 4apan.'

=. 'houl# commit an" crimes against the national securit" an# the law of nations. #efine# in Title 0ne of (oo3 Two of this Co#e. %These crimes
include treason, espionage, piracy, mutiny, inciting to war or giving motives for reprisals, correspondence with hostile country, flight to enemy5s country and violation of neutrality' *ules as to crimes committed aboard foreign merchant vessels+ >rench Rule 3uch crimes are not triable in the courts of that countr", unless their commission affects the peace and securit" of the territor" or the safet" of the state is endangered.
1.

nglish Rule 3uch crimes are triable in that countr", unless the" merel" affect things within the vessel or the" refer to the internal management thereof. ('his is applicable in the Philippines)
2.

Re$uirements of ?an offense committe# while on a Philippine 'hip or Airship@ 1. -egistered with the !hilippine =ureau of %ustoms 2. 3hip must be in the high seas or the airship must be in international airspace.

Ander international law rule, a vessel which is not registered in accordance with the laws of any country is considered a pirate vessel and pirac" is a crime against humanit" in general, such that wherever the pirates ma" go, the" can be prosecuted.

() v& *ull A crime which occurred on board of a foreign vessel, which began when the ship was in a foreign territor" and continued when it entered into !hilippine waters, is considered a continuing crime. 0ence within the &urisdiction of the local courts.
#wo situations where the foreign countr" ma" not appl" its criminal law even if a crime was committed on board a vessel within its territorial waters and these are* %&' .hen the crime is committed in a war vessel of a foreign country, because war vessels are part of the sovereignt" of the countr" to whose naval force the" belong-

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


%)' .hen the foreign country in whose territorial waters the crime was committed adopts the French 1ule, which applies onl" to merchant vessels, except when the crime committed affects the national securit" or public order of such foreign countr".

,hen pu!lic officers or emplo"ees commit an offense in the e%ercise of their functions s a general rule, the -evised !enal %ode governs onl" when the crime committed pertains to the exercise of the public officialCs functions, those having to do with the discharge of their duties in a foreign countr". #he functions contemplated are those, which are, under the law, to be performed b" the public officer in the 7oreign 3ervice of the !hilippine government in a foreign countr". Exception6 #he -evised !enal %ode governs if the crime was committed within the !hilippine 6mbass" or within the embass" grounds in a foreign countr". #his is because embass" grounds are considered an extension of sovereignt".

Art 6. +efinitions& 88 Acts an# omissions punisha!le !" law are felonies (delitos). >elonies are committe# not onl" !" means of #eceit ,,o o/ !ut also !" means of fault ,-! 0a-. There is #eceit when the act is performe# with #eli!erate intent; an# there is fault when the wrongful results from impru#ence. negligence. lac3 of foresight. or lac3 of s3ill.

Acts an overt or external act 0mission failure to perform a dut" re2uired b" law.

#o be considered as a felon" there must be an act or omission1 a mere imagination no matter how wrong does not amount to a felon". An act refers to an" kind of bod" movement that produces change in the outside world.

In 1# o*& b& o)'ss'o* however, there must be a law re,uiring the doing or the performance of an act. Thus, mere passive presence at the scene of the crime, mere silence and failure to give the alarm, without evidence of agreement or conspiracy is not punishable. 0xample of an omission6 failure to render assistance to an"one who is in danger of d"ing or is in an uninhabited place or is wounded $ abandonment.

>elonies $ acts and omissions punishable b" the -evised !enal %ode 0ffense$ crimes punished under special law &is#emeanor$ minor infraction of law, such as violation of ordinance Crime $ acts and omissions punishable b" an" law 10, > L0+) ' AR C0&&)TT -:

by means of deceit (dolo) $ #here is deceit when the act is performed with deliberate intent. *e.uisites+ a. freedom b. intelligence c. intent 6xamples* murder, treason, and robber".
1. 2.

by means of fault (culpa) $ #here is fault when the wrongful act results

from imprudence, negligence, lack of foresight, or lack of skill.

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


a. imprudence $ deficienc" of action1 e.g. A was driving a truck along a road.

0e hit = because it was raining $ reckless imprudence.


b. /egligence $ deficienc" of perception1 failure to foresee impending danger,

usuall" involves lack of foresight c. *e.uisites+ 1. 7reedom 2. (ntelligence 3. (mprudence, negligence, lack of skill or foresight 4. >ack of intent Intentional felonies vs. Culpable elonies Intentional &elonies Cul$able &elonies -ct or omission is malicious -ct or omission is not malicious Offender has the intention to cause Offender has no intention to cause an injury to another injury -ct performed or omission incurred -ct or omission results from with deliberate intent imprudence, negligence, lack or foresight or lack of skill
0oluntariness comprehends the concurrence of freedom of action, intelligence and the fact that the act was intentional. In culpable felonies, there is no voluntariness if either freedom, intelligence or imprudence, negligence, lack of foresight or lack of skill is lacking. .ithout voluntariness, there can be no dolo or culpa, hence, there is no felony.

Criminal )ntent
*riminal Intent is not deceit. translation is deliberate intent. 9o not use deceit in translating dolo, because the nearest

In criminal law, intent is categori,ed into two%&' %)' 7eneral criminal intent- and ,pecific criminal intent.

General criminal intent is presumed from the mere doing of a wrong act. #his does not re2uire proof. #he burden is upon the wrong doer to prove that he acted without such criminal intent. 1pecific criminal intent is 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. #he prosecution has the burden of proving the same. "riminal intent is not necessary in these cases%&' 'hen the crime is the product of culpa or negligence, reckless imprudence, lack of foresight or lack of skill1 425 prohibitum. 'hen the crime is a prohibited act under a special law or what is called malum

8istinction between intent and discernment Intent is the determination to do a certain thing, an aim or purpose of the mind. (t is the design to resolve or determination b" which a person acts. <n the other hand, discernment is the mental capacit" to tell right from wrong. (t relates to the moral significance that a person ascribes to his act and relates to the intelligence as an element of dolo, distinct from intent. 8istinction between intent and motive

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


Intent is demonstrated b" the use of a particular means to bring about a desired result state of mind or a reason for committing a crime. it is not a

<n the other hand, motive implies motion. (t is the moving power which impels one to do an act. 'hen there is motive in the commission of a crime, it alwa"s comes before the intent. =ut a crime ma" be committed without motive. If the crime is intentional, it cannot be committed without intent. (ntent is manifested b" the instrument used b" the offender. #he specific criminal intent becomes material if the crime is to be distinguished from the attempted or frustrated stage. *riminal intent is on the basis of the act, not on the basis if what the offender says. 9oo# into motive to determine the proper crime which can be imputed to the accused

'ista2e of fact - is a misapprehension of fact on the part of the person who


caused in&ur" to another. 0e is not criminally liable. a. *e.uisites* 1. that the act done would have been lawful had the facts been as the accused believed them to be1 2. intention of the accused is lawful1 3. mistake must be without fault of carelessness.

+ista#e of fact would be relevant only when the felony would have been intentional or through dolo, but not when the felony is a result of culpa. .hen the felony is a product of culpa, do not discuss mista#e of fact

It exists when a person who in the exercise of due diligence, acts under the influence of an erroneous appreciation of facts, which if true would relieve him from criminal responsibility. It is an omission or commission performed by the individual which is the result of a misconception or misapprehension of events or facts before him which in law is considered voluntary. The accused performed acts or omissions which would be lawful, had it been true as he perceived them to be. To be an absolutory cause, the mistake of facts as committed must originate from legitimate sentiment or intention. The further re,uirement in order to escape criminal responsibility, must be, that the mistake of facts was done without negligence. The good faith of the offender maybe derived from the se,uence of events, before, during and after the alleged mistake of facts. If at anytime there is a showing that the actor was at fault for not exercising ordinary prudence, then he will be liable criminally, not however for dolo, but for culpa. b. 6xample6 :nited ,tates v. h *hong. Ah %hong being afraid of bad elements, locked himself in his room b" placing a chair against the door. After having gone to bed, he was awakened b" somebod" who was tr"ing to open the door. 0e asked the identit" of the person, but he did not receive a response. 7earing that this intruder was a robber, he leaped out of bed and said that he will kill the intruder should he attempt to enter. At that moment, the chair struck him. =elieving that he was attacked, he sei+ed a knife and fatall" wounded the intruder. &ens rea
#he technical term mens rea is sometimes referred to in common parlance as the gravamen of the offense. #o a la"man, that is what "ou call the 2bullseye3 of the crime. #his term is used s"non"mousl" with criminal or deliberate intent, but that is not exactl" correct. +ens rea of the crime depends upon the elements of the crime . Dou can onl" detect the mens rea of a crime b" knowing the particular crime committed. 'ithout reference to a particular crime, this term is meaningless. 7or example, in theft, the mens rea is the taking of the propert" of another with intent to gain. (n falsification, the mens rea is the effecting of the forger" with intent

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


to pervert the truth. (t is not merel" writing something that is not true1 the intent to pervert the truth must follow the performance of the act. In criminal law, we sometimes have to consider the crime on the basis of intent . 7or example, attempted or frustrated homicide is distinguished from ph"sical in&uries onl" b" the intent to kill. Attempted rape is distinguished from acts of lasciviousness b" the intent to have sexual intercourse. (n robber", the mens rea is the taking of the propert" of another coupled with the emplo"ment of intimidation or violence upon persons or things1 remove the emplo"ment of force or intimidation and it is not robber" an"more. Real concept of culpa Ander Article 3, it is clear that culpa is just a modality by which a felony may be committed. A felon" ma" be committed or incurred through dolo or culpa. *ulpa is just a means by which a felony may result. The concept of criminal negligence is the inexcusable lac# of precaution on the part of the person performing or failing to perform an act. (f the danger impending from that situation is clearl" manifest, "ou have a case of rec#less imprudence. =ut if the danger that would result from such imprudence is not clear, not manifest nor immediate "ou have onl" a case of simple negligence.

Art. <. "riminal liability.88 Criminal lia!ilit" shall !e incurre#: 2. (" an" person committing a felon". although the wrongful act #one !e #ifferent from that which he inten#e#.
In the first paragraph, t o elements must be present. &. - felony committed' and (. The felony committed resulted in the commission of another felony. The re,uirement however, must be, that the resulting other felony or felonies must be direct, material and logical conse,uence of the felony committed even if the same is not intended or entirely different from what was in the mind of the offender.

3octrine of 4roximate Cause

such ade2uate and efficient cause as, in the natural order of events, and under the particular circumstances surrounding the case, which would necessaril" produce the event. *e.uisites+ a. the direct, natural, and logical cause b. produces the in&ur" or damage c. unbroken b" an" sufficient intervening cause d. without which the result would not have occurred

4roximate Cause is negated by+ a. Active force, distinct act, or fact absolutel" foreign from the felonious act of the accused, which serves as a sufficient intervening cause. b. -esulting in&ur" or damage is due to the intentional act of the victim.

1e(uisite for "resumption that the blow was cause of the death 'here there has been an in&ur" inflicted sufficient to produce death followed b" the demise of the person, the presumption arises that the in&ur" was the cause of the death. "rovided6 a. victim was in normal health b. death ensued within a reasonable time

$ven if other causes cooperated in producing the fatal result as long as the wound inflicted is dangerous, that is, calculated to destroy or endanger

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life, the actor is liable. This is true even though the immediate cause of death was erroneous or unskillful medical treatment, refusal of the victim to submit to surgical operation, or that the deceased was suffering from tuberculosis, heart disease or other internal malady or that the resulting injury was aggravated by infection. There must however be no efficient intervening cause.
Article 4, paragraph 1 presupposes that the act done is the proximate cause of the resulting felon". It must be the direct, natural, and logical conse(uence of the felonious act. 4roximate cause is that cause which sets into motion other causes and which unbroken b" an" efficient supervening cause produces a felon" without which such felon" could not have resulted. s a general rule, the offender is criminall" liable for all the conse2uences of his felonious act, although not intended, if the felonious act is the proximate cause of the felon" or resulting felon". proximate cause is not necessarily the immediate cause. #his ma" be a cause which is far and remote from the conse2uence which sets into motion other causes which resulted in the felon". (n criminal law, as long as the act of the accused contributed to the death of the victim , even if the victim is about to die, he will still be liable for the felonious act of putting to death that victim. proximate cause does not re(uire that the offender needs to actually touch the body of the offended party. (t is enough that the offender generated in the mind of the offended part" the belief that made him risk himself. The one who caused the proximate cause is the one liable. The one who caused the immediate cause is also liable, but merely contributory or sometimes totally not liable.

Causes which produce a different result+


a.

'ista2e in identity of the victim in&uring one person who is mistaken for
another e.g., A intended to shoot =, but he instead shot % because he 4A5 mistook % for =.

In error in personae, the intended victim was not at the scene of the crime. (t was the actual victim upon whom the blow was directed, but he was not reall" the intended victim 5ow does error in personae affect criminal liability of the offender; 0rror in personae is mitigating if the crime committed is different from that which was intended. If the crime committed is the same as that which was intended, error in personae does not affect the criminal liabilit" of the offender. In mista#e of identity, if the crime committed was the same as the crime intended, but on a different victim, error in persona does not affect the criminal liabilit" of the offender. $ut if the crime committed was different from the crime intended, Article 4: will appl" and the penalt" for the lesser crime will be applied. (n a wa", mistake in identit" is a mitigating circumstance where Article 4: applies. .here the crime intended is more serious than the crime committed, the error in persona is not a mitigating circumstance In any event, the offender is prosecuted for the crime committed not for the crime intended. b.

'ista2e in blow hitting somebod" other than the target due to lack of skill or
fortuitous instances 4this is a complex crime under Art. 4B5 e.g., = and % were walking together. A wanted to shoot =, but he instead in&ured %.

In aberratio ictus, a person directed the blow at an intended victim, but because of poor aim, that blow landed on somebod" else. In aberratio ictus, the intended victim as well as the actual victim are both at the scene of the crime.

If the actor intended the commission of several felonies with a single act, it is not called aberratio ictus or mistake of blow, simply because there was no mistake.

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8istinguish this from error in personae, where the victim actuall" received the blow, but he was mistaken for another who was not at the scene of the crime. #he distinction is important because the legal effects are not the same. In aberratio ictus, the offender delivers the blow upon the intended victim, but because of poor aim the blow landed on somebod" else. <ou have a complex crime, unless the resulting conse(uence is not a grave or less grave felony. Dou have a single act as against the intended victim and also giving rise to another felon" as against the actual victim. If the resulting physical injuries were only slight, then you cannot complex. (n other words, aberratio ictus, generall" gives rise to a complex crime. This being so, the penalty for the more serious crime is imposed in the maximum period. c. In6urious result is greater than that intended 7 causing in&ur" graver than

intended or expected 4this is a mitigating circumstance due to lack of intent to commit so grave a wrong under Art. 135 e.g., A wanted to in&ure =. 0owever, = died.
In praeter intentionem, it is mitigating only if there is a notable or notorious disparity between the means employed and the resulting felony. In criminal law, intent of the offender is determined on the basis emplo"ed b" him and the manner in which he committed the crime . Intention of the offender is not what is in his mind1 it is disclosed in the manner in which he committed the crime. In praeter intentionem, it is essential that there is a notable disparit" between the means emplo"ed or the act of the offender and the felon" which resulted. #his means that the resulting felon" cannot be foreseen from the acts of the offender . If the resulting felony can be foreseen or anticipated from the means employed, the circumstance of praeter intentionem does not appl". Intent to #ill is only relevant when the victim did not die. #his is so because the purpose of intent to kill is to differentiate the crime of ph"sical in&uries from the crime of attempted homicide or attempted murder or frustrated homicide or frustrated murder. $ut once the victim is dead, "ou do not talk of intent to kill an"more. #he best evidence of intent to kill is the fact that victim was killed.

In all these instances the offender can still be held criminally liable, since he is motivated by criminal intent.

7. (" an" person performing an act which woul# !e an offense against persons or propert". were it not for the inherent impossi!ilit" of its accomplishment or on account of the emplo"ment of ina#e$uate or ineffectual means.
*e.uisites+ a. Act would have been an offense against persons or propert" b. Act is not an actual violation of another provision of the %ode or of a special penal law c. #here was criminal intent

d. Accomplishment was inherentl" impossible1 or inade2uate or ineffectual means were emplo"ed. +otes: a. <ffender must believe that he can consummate the intended crime, a man stabbing another who he knew was alread" dead cannot be liable for an impossible crime. b. c.

#he law intends to punish the criminal intent. #here is no attempted or frustrated impossible crime.

.elonies against persons* parricide, murder, homicide, infanticide, ph"sical in&uries, etc. .elonies against property* robber", theft, usurpation, swindling, etc.
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)nherent impossi!ilit"* A thought that = was &ust sleeping. = was alread" dead. A shot =. A is liable. (f A knew that = is dead and he still shot him, then A is not liable.

inherent impossibility, this means that under an" and all circumstances, the crime could not have materiali+ed. If the crime could have materiali!ed under a different set of facts, employing the same mean or the same act, it is not an impossible crime- it would be an attempted felony.

L#2a ')0oss'b' '"& occurs where completed, would not amount into a crime.

the

intended

act,

even

if

Fa-"!a ')0oss'b' '"& occurs when an extraneous circumstances is unknown to the actor or beyond his control to prevent the consummation of the intended crime. /nder -rt. 0, par. (, the law does not make any distinction between factual or physical impossibility and legal impossibility. 300 (s4 '*"o,/

mplo"ment of ina#e$uate means* A used poison to kill =. 0owever, = survived because A used small 2uantities of poison $ frustrated murder. )neffectual means* A aimed his gun at =. 'hen he fired the gun, no bullet came out because the gun was empt". A is liable.

'henever "ou are confronted with a problem where the facts suggest that an impossible crime was committed, be careful about the 2uestion asked. If the (uestion as#ed is6 2Is an impossible crime committed/0, then you judge that (uestion on the basis of the facts. (f reall" the facts constitute an impossible crime, then "ou suggest than an impossible crime is committed, then "ou state the reason for the inherent impossibilit". If the (uestion as#ed is 1Is he liable for an impossible crime/0, this is a catching (uestion. 0ven though the facts constitute an impossible crime, if the act done by the offender constitutes some other crimes under the 1evised "enal *ode, he will not be liable for an impossible crime. He will be prosecuted for the crime constituted so far by the act done by him. #he reason is an offender is punished for an impossible crime &ust to teach him a lesson because of his criminal perversit". Although ob&ectivel", no crime is committed, but sub&ectivel", he is a criminal. #hat purpose of the law will also be served if he is prosecuted for some other crime constituted b" his acts which are also punishable under the -!%.

1y its very nature, an impossible crime is a formal crime. It is either consummated or not committed at all. There is therefore no attempted or frustrated impossible crime. -t this stage, it would be best to distinguish impossible crime from attempted or frustrated felony. The evil intent is attempted or frustrated felony is possible of accomplishment, while in impossible crime, it cannot be accomplished because of its inherent impossibility. In attempted or frustrated felony, what prevented its accomplishment is the intervention of a certain cause or accident independent of the will of the perpetrator or offender. !nconsummated felonies "#ttempted crimes Attem$ted of &!ust!ated &elony Intent is not accomplished Intent of the offender possible of accomplishment -ccomplishment is prevented by the intervention of certain cause or accident in which the offender had no part and frustrated felonies$ vs. Impossible Im$ossible C!ime Intent is not accomplished Intent of the offender, cannot be accomplished Intent cannot be accomplished because it is inherently impossible of accomplishment or because the means employed by the offender is inade,uate or ineffectual

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA Art =. +uty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties& ,henever a court has 3nowle#ge of an" act which it ma" #eem proper to repress an# which is not punisha!le !" law. it shall ren#er the proper #ecision an# shall report to the Chief %ecutive. through the -epartment of 4ustice. the reasons which in#uce the court to !elieve that sai# act shoul# !e ma#e su!:ect of legislation. )n the same wa" the court shall su!mit to the Chief %ecutive. through the -epartment of 4ustice. such statement as ma" !e #eeme# proper. without suspen#ing the e%ecution of the sentence. when a strict enforcement of the provisions of this Co#e woul# result in the imposition of a clearl" e%cessive penalt". ta3ing into consi#eration the #egree of malice an# the in:ur" cause# !" the offense.
+0 CR)& /+L '' T1 R )' A LA, P/+)'1)+G )T .hen a person is charged in court, and the court finds that there is no law applicable, the court will ac(uit the accused and the judge will give his opinion that the said act should be punished. Article 8 covers two situations+ 415 #he court cannot convict the accused because the acts do not constitute a crime. #he proper &udgment is ac2uittal, but the court is mandated to report to the %hief 6xecutive that said act be made sub&ect of penal legislation and wh". 425 'here the court finds the penalt" prescribed for the crime too harsh considering the conditions surrounding the commission of he crime, the &udge should impose the law 49ura lex sed lex5. #he most that he could do is to recommend to the %hief 6xecutive to grant executive clemenc".

"aragraph ) does not apply to crimes punishable by special law, including profiteering, and illegal possession of firearms or drugs. #here can be no executive clemenc" for these crimes.

Art. A. "onsummated, frustrated, and attempted felonies. - Consummate# felonies. as well as those which are frustrate# an# attempte#. are punisha!le. A felon" is consummated when all the elements necessar" for its e%ecution an# accomplishment are present; an# it is frustrated when the offen#er performs all the acts of e%ecution which woul# pro#uce the felon" as a conse$uence !ut which. nevertheless. #o not pro#uce it !" reason of causes in#epen#ent of the will of the perpetrator. There is an attempt when the offen#er commences the commission of a felon" #irectl" !" overt acts. an# #oes not perform all the acts of e%ecution which shoul# pro#uce the felon" !" reason of some cause or acci#ent other than his own spontaneous #esistance.
3evelopment of a crime 1. Internal acts intent and plans1 usuall" not punishable ". External acts
a. "reparatory cts acts tending toward the crime b. cts of 0xecution acts directl" connected the crime

Mere intention is therefore% not punishable. 2or as long as there is no physical form of the internal acts, the same is outside the in,uiry of criminal law.

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'tages of Commission of a Crime Attempt 9rustrated Consummated <vert acts of execution All acts of execution are All the acts of execution are started present are present )ot all acts of execution %rime sought to be #he result sought is are present committed is not achieved achieved 9ue to reasons other than 9ue to intervening causes the spontaneous independent of the will of desistance of the the perpetrator perpetrator There are three stages in the commission of felonies or crimes committed by means of dolo. -gain, they do not refer to felonies committed by means of culpa. It is essentially incompatible with the elements of negligence as another means to commit felony.
-esistance 8esistance on the part of the offender negates criminal liability in the attempted stage. 9esistance is true onl" in the attempted stage of the felon". (f under the definition of the felon", the act done is alread" in the frustrated stage, no amount of desistance will negate criminal liabilit". The spontaneous desistance of the offender negates only the attempted stage but not necessarily all criminal liability. 6ven though there was desistance on the part of the offender, if the desistance was made when acts done b" him alread" resulted to a felon", that offender will still be criminall" liable for the felon" brought about his act. 'hat is negated is onl" the attempted stage, but there ma" be other felon" constituting his act.

The desistance referred to under -rticle 3 has reference to the crime intended to be committed. It has no reference to the crime actually committed by the offender before the desistance. In deciding whether a felony is attempted or frustrated or consummated there are three criteria involved+ (2) (4) (5) 'he manner of committing the crime3 'he elements of the crime3 and 'he nature of the crime itself. &anner of committing a crime
7or example, let us take the crime of bribery. %an the crime of frustrated briber" be committed@ )o. 4(ncidentall", the common concept of briber" is that it is the act of one who corrupts a public officer. Actuall", bribery is the crime of the receiver not the giver. #he crime of the giver is corruption of public official. $ribery is the crime of the public officer who in consideration of an act having to do with his official duties would receive something, or accept any promise or present in consideration thereof.5 The confusion arises from the fact that this crime re(uires two to commit == the giver and the receiver. #he law called the crime of the giver as corruption of public official and the receiver as briber". Eiving the idea that these are independent crimes, but actuall", the" cannot arise without the other. 0ence, if only one side of the crime is present, only corruption, you cannot have a consummated corruption without the corresponding consummated bribery. There cannot be a consummated bribery without the corresponding consummated corruption. (f "ou have briber" onl", it is onl" possible in the attempted stage. (f "ou have a corruption onl", it is possible onl" in the attempted stage. A corruptor gives mone" to a public officer for the latter not to prosecute him. #he public officer received the mone" but &ust the same, arrested him. 0e received the mone" to have evidence of corruption. 9o not think that because the corruptor has alread" delivered the mone", he has alread" performed all the acts of execution, and, therefore, the corruption is alread" be"ond the attempted stage. #hat thinking does awa" with the concept of the crime that it re2uires two to commit. The manner of committing the crime re(uires the meeting of the minds between the giver and the receiver.

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'hen the giver delivers the mone" to the supposed receiver, but there is no meeting of the minds, the onl" act done b" the giver is an attempt. (t is not possible for him to perform all the acts of execution because in the first place, the receiver has no intention of being corrupted. 3imilarl", when a public officer demands a consideration b" official dut", the corruptor turns down the demand, there is no briber". (f the one to whom the demand was made pretended to give, but he had reported the matter to higher authorities, the mone" was marked and this was delivered to the public officer. (f the public officer was arrested, do not think that because the public officer alread" had the mone" in his possession, the crime is alread" frustrated briber", it is onl" attempted briber". #his is because the supposed corruptor has no intention to corrupt. (n short, there is no meeting of the minds. <n the other hand, if there is a meeting of the minds, there is consummated briber" or consummated corruption. #his leaves out the frustrated stage because of the manner of committing the crime. $ut indirect bribery is always consummated. #his is because the manner of consummating the crime does not admit of attempt or frustration. <ou will notice that under the 1evised "enal *ode, when it ta#es two to commit the crime, there could hardly be a frustrated stage. 7or instance, the crime of adultery. #here is no frustrated adulter". <nl" attempted or consummated. #his is because it re2uires the link of two participants. (f that link is there, the crime is consummated1 if such link is absent, there is onl" an attempted adulter". #here is no middle ground when the link is there and when the link is absent. #here are instances where an intended felon" could alread" result from the acts of execution alread" done. =ecause of this, there are felonies where the offender can onl" be determined to have performed all the acts of execution when the resulting felon" is alread" accomplished. 'ithout the resulting felon", there is no wa" of determining whether the offender has alread" performed all the acts or not. (t is in such felonies that the frustrated stage does not exist because without the felon" being accomplished, there is no wa" of stating that the offender has alread" performed all the acts of execution. An example of this is the crime of rape. #he essence of the crime is carnal knowledge. )o matter what the offender ma" do to accomplish a penetration, if there was no penetration "et, it cannot be said that the offender has performed all the acts of execution. 'e can onl" sa" that the offender in rape has performed all the acts of execution when he has effected a penetration. <nce there is penetration alread", no matter how slight, the offense is consummated. 7or this reason, rape admits only of the attempted and consummated stages, no frustrated stage. #his was the ruling in the case of 4eople v. !rita. In rape, it re2uires the connection of the offender and the offended part". )o penetration at all, there is onl" an attempted stage. 3lightest penetration or slightest connection, consummated. Dou will notice this from the nature of the crime re2uiring two participants. #his is also true in the crime of arson. (t does not admit of the frustrated stage. In arson, the moment any particle of the premises intended to be burned is blac#ened, that is already an indication that the premises have begun to burn. (t does not re2uire that the entire premises be burned to consummate arson. =ecause of that, the frustrated stage of arson has been eased out. #he reasoning is that one cannot sa" that the offender, in the crime of arson, has alread" performed all the acts of execution which could produce the destruction of the premises through the use of fire, unless a part of the premises has begun to burn . If it has not begun to burn, that means that the offender has not yet performed all the acts of execution. >n the other hand, the moment it begins to burn, the crime is consummated. Actuall", the frustrated stage is alread" standing on the consummated stage except that the outcome did not result. As far as the stage is concerned, the frustrated stage overlaps the consummated stage. =ecause of this reasoning b" the %ourt of Appeals in 4eople v. Garcia. the 3upreme %ourt followed the anal"sis that one cannot sa" that the offender in the crime of arson has alread" performed all the acts of execution which would produce the arson as a conse2uence, unless and until a part of the premises had begun to burn.

BUT In :1 v. 0alde; the offender had tried to burn the premises b" gathering &ute sacks la"ing these inside the room. 0e lighted these, and as soon as the &ute sacks began to burn, he ran awa". #he occupants of the room put out the fire. #he court held that what was committed was frustrated arson.
This case was much the way before the decision in the case of 4eople v. Garcia was handed down and the *ourt of ppeals ruled that there is no frustrated arson. $ut even then, the

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analysis in the case of :1 v. 0alde; is correct. #his is because, in determining whether the felon" is attempted, frustrated or consummated, the court does not onl" consider the definition under Article / of the -evised !enal %ode, or the stages of execution of the felon". 'hen the offender has alread" passed the sub&ective stage of the felon", it is be"ond the attempted stage. (t is alread" on the consummated or frustrated stage depending on whether a felon" resulted. (f the felon" did not result, frustrated. The attempted stage is said to be within the subjective phase of execution of a felony. <n the sub6ective phase, it is that point in time when the offender begins the commission of an overt act until that point where he loses control of the commission of the crime already. (f he has reached that point where he can no longer control the ensuing conse2uence, the crime has alread" passed the sub&ective phase and, therefore, it is no longer attempted. #he moment the execution of the crime has alread" gone to that point where the felon" should follow as a conse2uence , it is either already frustrated or consummated. (f the felon" does not follow as a conse2uence, it is alread" frustrated. (f the felon" follows as a conse2uence, it is consummated. The trouble is that, in the &urisprudence recogni+ing the ob&ective phase and the sub&ective phase, the 3upreme %ourt considered not onl" the acts of the offender, but also his belief. #hat although the offender ma" not have done the act to bring about the felon" as a conse2uence, if he could have continued committing those acts but he himself did not proceed because he believed that he had done enough to consummate the crime, 3upreme %ourt said the sub&ective phase has passed. #his was applied in the case of /' v. Bal#e9. where the offender, having alread" put kerosene on the &ute sacks, lighted the same, he had no reason not to believe that the fire would spread, so he ran awa". #hat act demonstrated that in his mind, he believed that he has performed all the acts of execution and that it is onl" a matter of time that the premises will burn. #he fact that the occupant of the other room came out and put out the fire is a cause independent of the will of the perpetrator. The ruling in the case of :1 v. 0alde; is still correct. $ut in the case of 4eople v. Garcia the situation is different. 0ere, the offender who put the torch over the house of the offended part", the house being a nipa hut, the torch which was lighted could easil" burn the roof of the nipa hut. =ut the torch burned out. In that case, "ou cannot sa" that the offender believed that he had performed all the acts of execution. #here was not even a single burn of an" instrument or agenc" of the crime. The analysis made by the *ourt of ppeals is still correct6 that they could not demonstrate a situation where the offender has performed all the acts of execution to bring about the crime of arson and the situation where he has not yet performed all the acts of execution. The weight of the authority is that the crime of arson cannot be committed in the frustrated stage. #he reason is because we can hardl" determine whether the offender has performed all the acts of execution that would result in arson, as a conse2uence, unless a part of the premises has started to burn. <n the other hand, the moment a particle or a molecule of the premises has blac#ened, in law, arson is consummated. #his is because consummated arson does not re2uire that the whole of the premises be burned. (t is enough that an" part of the premises, no matter how small, has begun to burn. There are also certain crimes that do not admit of the attempted or frustrated stage, li#e physical injuries. <ne of the known commentators in criminal law has advanced the view that the crime of ph"sical in&uries can be committed in the attempted as well as the frustrated stage. 0e explained that b" going through the definition of an attempted and a frustrated felon" under Article /, if a person who was about to give a fist blow to another raises his arms, but before he could throw the blow, somebod" holds that arm, there would be attempted ph"sical in&uries. #he reason for this is because the offender was not able to perform all the acts of execution to bring about ph"sical in&uries. <n the other hand, he also stated that the crime of ph"sical in&uries ma" be committed in the frustrated stage when the offender was able to throw the blow but somehow, the offended part" was able to sidestep awa" from the blow. 0e reasoned out that the crime would be frustrated because the offender was able to perform all the acts of execution which would bring about the felon" were it not for a cause independent of the will of the perpetrator. #he explanation is academic. <ou will notice that under the 1evised "enal *ode, the crime of physical injuries is penali!ed on the basis of the gravity of the injuries. Actuall", there is no simple crime of ph"sical in&uries. Dou have to categori+e because there are specific articles that appl" whether the ph"sical in&uries are serious, less serious or slight. (f "ou sa" ph"sical in&uries, "ou do not know which article to appl". This being so, you could not punish the attempted or frustrated stage because you do not #now what crime of physical injuries was committed.

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Cuestions D Answers 1. Is there an attempted slight physical injuries;

(f there is no result, "ou do not know. %riminal law cannot stand on an" speculation or ambiguit"1 otherwise, the presumption of innocence would be sacrificed. #herefore, the commentatorCs opinion cannot stand because "ou cannot tell what particular ph"sical in&uries was attempted or frustrated unless the conse2uence is there. Dou cannot classif" the ph"sical in&uries. 2. threw muriatic acid on the face of $. The injuries would have resulted in deformity were it not for timely plastic surgery. fter the surgery, $ became more handsome. .hat crime is committed; Is it attempted, frustrated or consummated; #he crime committed here is serious ph"sical in&uries because of the deformity. 'hen there is deformit", "ou disregard the healing duration of the wound or the medical treatment re2uired b" the wound. In order that in law, a deformity can be said to exist, three factors must concur6 415 425 435 #he in&ur" should bring about the ugliness1 #he ugliness must be visible1 #he ugliness would not disappear through natural healing process.

Along this concept of deformit" in law, the plastic surger" applied to = is beside the point. (n law, what is considered is not the artificial or the scientific treatment but the natural healing of the in&ur". 3o the fact that there was plastic surger" applied to = does not relieve the offender from the liabilit" for the ph"sical in&uries inflicted. #he crime committed is serious ph"sical in&uries. (t is consummated. (n determining whether a felon" is attempted, frustrated or consummated, "ou have to consider the manner of committing the felon", the element of the felon" and the nature of the felon" itself. #here is no real hard and fast rule.

lements of the crime


In the crime of estafa, the element of damage is essential before the crime could be consummated. (f there is no damage, even if the offender succeeded in carting awa" the personal propert" involved, estafa cannot be considered as consummated. 7or the crime of estafa to be consummated, there must be misappropriation alread" done, so that there is damage alread" suffered b" the offended part". (f there is no damage "et, the estafa can onl" be frustrated or attempted. <n the other hand, if it were a crime of theft, damage or intent to cause damage is not an element of theft. 'hat is necessar" onl" is intent to gain, not even gain is important. #he mere intent to derive some profit is enough but the thinking must be complete before a crime of theft shall be consummated. #hat is wh" we made that distinction between theft and estafa. If the personal property was received by the offender, this is where you have to decide whether what was transferred to the offender is juridical possession or physical possession only. (f the offender did not receive the personal propert", but took the same from the possession of the owner without the latterCs consent, then there is no problem. #hat cannot be estafa1 this is onl" theft or none at all. In estafa, the offender receives the property- he does not ta#e it. =ut in receiving the propert", the recipient ma" be committing theft, not estafa, if what was transferred to him was onl" the ph"sical or material possession of the ob&ect. It can only be estafa if what was transferred to him is not only material or physical possession but juridical possession as well. .hen you are discussing estafa, do not tal# about intent to gain. In the same manner that when you are discussing the crime of theft, do not tal# of damage. #he crime of theft is the one commonl" given under Article /. #his is so because the concept of theft under the -evised !enal %ode differs from the concept of larcen" under American common law. Ander American common law, the crime of larcen" which is e2uivalent to our crime of theft

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here re2uires that the offender must be able to carr" awa" or transport the thing being stolen. 'ithout that carr"ing awa", the larcen" cannot be consummated. (n our concept of theft, the offender need not move an inch from where he was. (t is not a matter of carr"ing awa". It is a matter of whether he has already ac(uired complete control of the personal property involved. #hat complete control simpl" means that the offender has alread" supplanted his will from the will of the possessor or owner of the personal propert" involved, such that he could exercise his own control on the thing. Illustration6 I placed a wallet on a table inside a room. stranger comes inside the room, gets the wallet and puts it in his poc#et. I suddenly started searching him and I found the wallet inside his poc#et. #he crime of theft is alread" consummated because he alread" ac2uired complete control of m" wallet. #his is so true when he removed the wallet from the confines of the table. 0e can exercise his will over the wallet alread", he can drop this on the floor, etc. =ut as long as the wallet remains on the table, the theft is not "et consummated1 there can onl" be attempted or frustrated theft. (f he has started lifting the wallet, it is frustrated. (f he is in the act of tr"ing to take the wallet or place it under, attempted. <Ta2ing= in the concept of theft, simply means exercising control over the thing. If instead of the wallet, the man who entered the room pretended to carry the table out of the room, and the wallet is there. .hile ta#ing the table out of the room, I apprehended him. It turned out that he is not authori!ed at all and is interested only in the wallet, not the table. #he crime is not "et consummated. (t is onl" frustrated because as far as the table is concern, it is the confines of this room that is the container. As long as he has not taken this table out of the four walls of this room, the taking is not complete. man entered a room and found a chest on the table. He opened it found some valuables inside. He too# the valuables, put them in his poc#et and was arrested. (n this case, theft is consummated. $ut if he does not ta#e the valuables but lifts the entire chest, and before he could leave the room, he was apprehended, there is frustrated theft. If the thing is stolen from a compound or from a room, as long as the object has not been brought out of that room, or from the perimeter of the compound, the crime is only frustrated. This is the confusion raised in the case of :1 v. 3i>o compared with 4eople v. Adio and 4eople v. Espiritu. In :1 v. 3i>o the accused loaded boxes of rifle on their truc#. .hen they were on their way out of the ,outh Harbor, they were chec#ed at the chec#point, so they were not able to leave the compound. (t was held that what was committed was frustrated #heft. In 4eople v. Espiritu the accused were on their way out of the supply house when they were apprehended by military police who found them secreting some hospital linen. (t was held that what was committed was consummated theft. #he emphasis, which was erroneousl" laid in some commentaries, is that, in both cases, the offenders were not able to pass the checkpoint. =ut wh" is it that in one, it is frustrated and in the other, it is consummated@ In the case of :1 v. 3i>o the boxes of rifle were stocked file inside the compound of the 3outh 0arbor. As far as the boxes of rifle are concerned, it is the perimeter of the compound that is the container. s long as they were not able to bring these boxes of rifle out of the compound, the ta#ing is not complete. <n the other hand, in the case of 4eople v. Espiritu. what were taken were hospital linens. #hese were taken from a warehouse. 0ospital linens were taken from boxes that were diffused or destro"ed and brought out of the hospital. From the moment they too# it out of the boxes where the owner or the possessor had placed it, the control is complete. <ou do not have to go out of the compound to complete the ta#ing or the control. #his is ver" decisive in the problem because in most problems given in the bar, the offender, after having taken the ob&ect out of the container changed his mind and returned it. (s he criminall" liable@ 9o not make a mistake b" sa"ing that there is a desistance. If the crime is one of theft, the moment he brought it out, it was consummated. #he return of the thing cannot be desistance because in criminal law, desistance is true only in the attempted stage. Dou cannot talk of desistance an"more when it is alread" in the consummated stage. (f the offender has alread"

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ac2uired complete control of what he intended to take, the fact that he changed his mind and returned the same will no longer affect his criminal liabilit". (t will onl" affect the civil liabilit" of the crime because he will no longer be re2uired to pa" the ob&ect. As far as the crime committed is concerned, the offender is criminall" liable and the crime is consummated theft. Illustration6 and $ are neighbors. >ne evening, entered the yard of $ and opened the chic#en coop where $ #eeps his fighting coc#s. He discovered that the fighting coc#s were not physically fit for coc#fighting so he returned it. #he crime is consummated theft. #he will of the owner is to keep the fighting cock inside the chicken coop. 'hen the offender succeeded in bringing the cock out of the coop, it is clear that his will completel" governed or superseded the will of the owner to keep such cock inside the chicken coop. 0ence, the crime was alread" consummated, and being consummated, the return of the ownerCs propert" is not desistance an"more. #he offender is criminall" liable but he will not be civill" liable because the ob&ect was returned. 'hen the receptacle is locked or sealed, and the offender broke the same, in lieu of theft, the crime is robber" with force upon things. 0owever, that the receptacle is locked or sealed has nothing to do with the stage of the commission of the crime. (t refers onl" to whether it is theft or robber" with force upon things.

+ature of the crime itself


(n crimes involving the taking of human life parricide, homicide, and murder in the definition of the frustrated stage, it is indispensable that the victim be mortally wounded. Ander the definition of the frustrated stage, to consider the offender as having performed all the acts of execution, the acts alread" done b" him must produce or be capable of producing a felon" as a conse2uence. The general rule is that there must be a fatal injury inflicted, because it is only then that death will follow. If the wound is not mortal, the crime is only attempted. #he reason is that the wound inflicted is not capable of bringing about the desired felon" of parricide, murder or homicide as a conse2uence1 it cannot be said that the offender has performed all the acts of execution which would produce parricide, homicide or murder as a result. n exception to the general rule is the so=called subjective phase. #he 3upreme %ourt has decided cases which applied the sub&ective standard that when the offender himself believed that he had performed all the acts of execution, even though no mortal wound was inflicted, the act is alread" in the frustrated stage.

1tages of a Crime does not apply in+ 1. <ffenses punishable b" 3pecial !enal >aws, unless the otherwise is provided for. 2. 3.
4.

7ormal crimes 4e.g., slander, adulter", etc.5 (mpossible %rimes

%rimes consummated b" mere attempt. 0xamples* attempt to flee to an enem" countr", treason, corruption of minors. 8.
/.

7elonies b" omission in sports

%rimes committed b" mere agreement. 0xamples6 betting 4endings in basketball5, corruption of public officers.

(n criminal law, "ou are not allowed to speculate, not to imagine what crime is intended, but appl" the provisions of the law on the facts given.

Test to dete!mine

hethe! attem$ted o! f!ust!ated stage%

The first test is what we call the s!b5#-"'(# 0$as#. The second test is what is referred to as the ob5#-"'(# 0$as#4 !hen the subjective and objective phases in the commission of the crime are both present, there is a consummated felony.
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-s suggested, the sub'e"ti(e $hase is the portion of the execution of the felony starting from the point where he has control over his acts. If it reaches the point where he has no more control over his acts, the subjective phase in the commission of the crime is completed. or as long as he has control over his acts, the subjective phase in the commission of the crime is not yet over. If a person while performing acts that are within the subjective phase is interrupted such that he is not able to perform all acts of execution, the crime committed would be attempted. On the other hand, the ob'e"ti(e $hase covers that the period of time where the subjective phase has ended and where the offender has no more control over the effects of his criminal acts. If the subjective phase is completed or has already passed, but the felony was not produced nonetheless, the crime committed as a rule would be frustrated. Applications+ a. A put poison in =Cs food. = threw awa" his food. A is liable $ attempted murder.1
b. A stole =Cs car, but he returned it. A is liable $ %consummated' theft. c.

A aimed his gun at =. % held ACs hand and prevented him from shooting = $ attempted murder.

d. A inflicted a mortal wound on =. = managed to survive $ frustrated murder. e. A intended to kill = b" shooting him. A missed = attempted murder. f.

A doused =Cs house with kerosene. =ut before he could light the match, he was caught $ attempted arson.

g. A cause a bla+e, but did not burn the house of = $ frustrated arson. h. =Cs house was set on fire b" A $ %consummated' arson. i.

A tried to rape =. = managed to escape. #here was no penetration $ attempted rape. A got hold of =Cs painting. A was caught before he could leave =Cs house $ frustrated robbery.)

&.

Art. E. $hen light felonies are punishable. 88 Light felonies are punisha!le onl" when the" have !een consummate# with the e%ception of those committe# against persons or propert".
- light felony is a violation of a penal law which is punished by a penalty of imprisonment of not more than thirty days or arresto menor or a fine of not more than "(44.44 or both, upon the discretion of the court.

The difference between murder and homicide will be discussed in Criminal Law II. These crimes are found in Articles 248 and 249, Boo II of the !e"ised #enal Code.
2

The difference between theft and robber$ will be discussed in Criminal Law II. These crimes are found in Title Ten, Cha%ters &ne and Three, Boo II of the !e"ised #enal Code. 22

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


0xamples of light felonies* slight ph"sical in&uries1 theft4php 8.;; or less51 alteration of boundar" marks1 alarms and scandals1 simple slander1 malicious mischief4not exceed php 2;;.;;51 and intriguing against honor. (n commission of crimes against properties and persons, ever" stage of execution is punishable but onl" the principals and accomplices are liable for light felonies, accessories are not.

Art. F. "onspiracy and proposal to commit felony. 88 Conspirac" an# proposal to commit felon" are punisha!le onl" in the cases in which the law speciall" provi#es a penalt" therefore. A conspirac" e%ists when two or more persons come to an agreement concerning the commission of a felon" an# #eci#e to commit it. There is proposal when the person who has #eci#e# to commit a felon" proposes its e%ecution to some other person or persons.

*onspiracy is punishable in the following cases* treason, rebellion or insurrection, sedition, coup dC etat, arson4!9 1/135 and monopolies and combinations in restraint of trade. *onspiracy to commit a crime is not to be confused with conspiracy as a means of committing a crime. (n both cases there is an agreement but mere conspirac" to commit a crime is not punished 6F%6!# in treason, rebellion, or sedition. 6ven then, if the treason is actuall" committed, the conspirac" will be considered as a means of committing it and the accused will all be charged for treason and not for conspirac" to commit treason. Conspirac" an# Proposal to Commit a Crime Conspiracy 4roposal Agreement among 2 or more A person has decided to commit a crime persons to commit a crime 0e proposes its commission to another #he" decide to commit it 1. %onspirac" to commit sedition 1. !roposal to commit treason 2. %onspirac" to commit rebellion 2. !roposal to commit rebellion or 3. %onspirac" to commit treason insurrection

6lements

"rimes

In proposal, only the person proposing or the proponent is criminally liable Mere conspirac" in combination in restraint of trade 4Art. 1B/5, and brigandage 4Art. 3;/5.

Two ways for conspiracy to exist+ %&' %)' There is an agreement. The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common criminal goal or criminal objective. 'hen several offenders act in a s"nchroni+ed, coordinated manner, the fact that their acts complimented each other is indicative of the meeting of the minds. #here is an implied agreement.

Two 2inds of conspiracy+ %&' %)' "onspiracy as a crime- and "onspiracy as a manner of incurring criminal liability

$hen conspiracy itself is a crime, no overt act is necessary to bring about the criminal liability. The mere conspiracy is the crime itself. #his is onl" true when the law expressl" punishes the mere conspirac"1 otherwise, the conspirac" does not bring about the commission of the crime because

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conspirac" is not an overt act but a mere preparator" act. Treason, rebellion, sedition, and coup d5etat are the only crimes where the conspiracy and proposal to commit to them are punishable. .hen the conspiracy is only a basis of incurring criminal liability, there must be an overt act done before the co$conspirators become criminall" liable. .hen the conspiracy itself is a crime, this cannot be inferred or deduced because there is no overt act. All that there is the agreement. <n the other hand, if the co$conspirator or an" of them would execute an overt act, the crime would no longer be the conspirac" but the overt act itself. If the conspiracy is only a basis of criminal liability, none of the co$conspirators would be liable, unless there is an overt act. 3o, for as long as an"one shall desist before an overt act in furtherance of the crime was committed, such a desistance would negate criminal liabilit". For as long as none of the conspirators has committed an overt act, there is no crime yet. =ut when one of them commits an" overt act, all of them shall be held liable, unless 15a co$conspirator was absent from the scene of the crime or 25he showed up, but he tried to prevent the commission of the crime s a general rule, if there has been a conspirac" to commit a crime in a particular place, an"one who did not appear shall be presumed to have desisted. The exception to this is if such person who did not appear was the mastermind. conspiracy as a crime, must have a clear and convincing evidence of its existence. 6ver" crime must be proved be"ond reasonable doubt. .hen the conspiracy is just a basis of incurring criminal liability, however, the same ma" be deduced or inferred from the acts of several offenders in carr"ing out the commission of the crime. #he existence of a conspirac" ma" be reasonabl" inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal ob&ective. *onspiracy is a matter of substance which must be alleged in the information, otherwise, the court will not consider the same. In 4eople v. ?aurio "@@ 1C*A A#% it was held that it must be established b" positive and conclusive evidence, not b" con&ectures or speculations. In Taer v. CA $#) 1C*A 8%#@ it was held that mere knowledge, ac2uiescence to, or approval of the act, without cooperation or at least, agreement to cooperate, is not enough to constitute a conspirac". #here must be an intentional participation in the crime with a view to further the common felonious ob&ective. conspiracy is possible even when participants are not #nown to each other. !roposal is true onl" up to the point where the part" to whom the proposal was made has not "et accepted the proposal. >nce the proposal was accepted, a conspiracy arises. !roposal is unilateral, one part" makes a proposition to the other1 conspirac" is bilateral, it re2uires two parties. #here is conspirac" when the offenders acted simultaneousl" pursuing a common criminal design1 thus, acting out a common criminal intent. 0ven though there was conspiracy, if a co=conspirator merely cooperated in the commission of the crime with insignificant or minimal acts, such that even without his cooperation, the crime could be carried out as well, such co=conspirator should be punished as an accomplice only.

Composite crimes
*omposite crimes are crimes which, in substance, consist of more than one crime but in the e"es of the law, there is onl" one crime. 7or example, the crimes of robber" with homicide, robber" with rape, robber" with ph"sical in&uries. In case the crime committed is a composite crime, the conspirator will be liable for all the acts committed during the commission of the crime agreed upon. #his is because, in the e"es of the law, all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. s a general rule, when there is conspirac", the rule is that the act of one is the act of all. #his principle applies onl" to the crime agreed upon.

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The exception is if an" of the co$conspirator would commit a crime not agreed upon. #his happens when the crime agreed upon and the crime committed b" one of the co$conspirators are distinct crimes. 0xception to the exception* (n acts constituting a single indivisible offense, even though the co$ conspirator performed different acts bringing about the composite crime, all will be liable for such crime. #he" can onl" evade responsibilit" for an" other crime outside of that agreed upon if it is proved that the particular conspirator had tried to prevent the commission of such other act. The rule would be different if the crime committed was not a composite crime.

Art. 5. 7rave felonies are those to which the law attaches the capital punishment or penalties which in an" of their are afflictive. in accor#ance with Article 7= of this Co#e.

8ess grave felonies are those which the law punishes with penalties which in their ma%imum perio# are correctional. in accor#ance with the a!ove8mentione# article. 8ight felonies are those infractions of law for the commission of
which he penalt" of arresto mayor or a fine not e%cee#ing 7GG pesos. or !oth is provi#e#.

Capital punishment $ death penalt". 4enalties ,imprisonment-+ Grave $ six "ears and one da" to reclusion perpetua 4life51 ?ess grave $ one month and one da" to six "ears1 ?ight $ arresto menor 4one da" to 3; da"s5.

>elonies are classifie# as follows:


415 According to the manner of their commission (nder #rticle 5, they are classified as, intentional felonies or those committed with deliberate intent1 and culpable felonies or those resulting from negligence, reckless imprudence, lack of foresight or lack of skill. 425 According to the stages of their execution (nder #rticle 9., felonies are classified as attempted felony when the offender commences the commission of a felon" directl" b" overt acts, and does not perform all the acts of execution which should produce the felon" b" reason of some cause or accident other than his own spontaneous desistance1 frustrated felony when the offender commences the commission of a felon" as a conse2uence but which would produce the felon" as a conse2uence but which nevertheless do not produce the felon" b" reason of causes independent of the perpetrator1 and, consummated felony when all the elements necessar" for its execution are present. 435 According to their gravity (nder #rticle :, felonies are classified as grave felonies or those to which attaches the capital punishment or penalties which in an" of their periods are afflictive1 less grave felonies or those to which the law punishes with penalties which in their maximum period was correccional1 and light felonies or those infractions of law for the commission of which the penalt" is arresto menor.

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!hile -rticle ) classifies the crimes into Intentional and #ulpable, a third class can be grouped with it 5 that is, those defined and penali ed by special laws which include crime punished by city or municipality ordinances. They are generally referred to as mala prohibita. -s a rule, intent to commit the crime is not necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited by the special law. The act alone, irrespective of the motives, constitutes the offense. 6ood faith is not a defense.
.hy is it necessary to determine whether the crime is grave, less grave or light; To determine whether these felonies can be complexed or not, and to determine the prescription of the crime and the prescription of the penalty. (n other words, these are felonies classified according to their gravit", stages and the penalt" attached to them. #ake note that when the -evised !enal %ode speaks of grave and less grave felonies, the definition makes a reference specificall" to Article 28 of the -evised !enal %ode. 9o not omit the phrase G(n accordance with Article 28H because there is also a classification of penalties under Article 2/ that was not applied. If the penalty is fine and exactly ")??.??, it is onl" considered a light felon" under Article :. If the fine is imposed as an alternative penalty or as a single penalty, the fine of !2;;.;; is considered a correctional penalt" under Article 2/. If the penalty is exactly ")??.??, appl" Article 2/. (t is considered as correctional penalt" and it prescribes in 1; "ears. (f the offender is apprehended at an" time within ten "ears, he can be made to suffer the fine. In the case of light felonies, crimes prescribe in two months. If the crime is correctional, it prescribes in ten "ears, except arresto mayor, which prescribes in five "ears.

Art. 2G. ;ffenses not subject to the provisions of this code. 880ffenses which are or in the future ma" !e punisha!le un#er special laws are not su!:ect to the provisions of this Co#e. This Co#e shall !e supplementar" to such laws. unless the latter shoul# speciall" provi#e the contrar".

For ,pecial 9aws* !enalties should be imprisonment, and not reclusion perpetua, etc. >ffenses that are attempted or frustrated are not punishable, unless otherwise stated. "lea of guilty is not mitigating for offenses punishable b" special laws. No minimum, medium, and maximum periods for penalties. No penalty for an accessory or accomplice, unless otherwise stated. 4rovisions of *4C applicable to special laws+ a. Art. 1/ !articipation of Accomplices b. Art. 22 -etroactivit" of !enal laws if favorable to the accused c. Art. 48 %onfiscation of instruments used in the crime

<ou will only apply the provisions of the 1evised "enal *ode as a supplement to the special law, or simply correlate the violated special law, if needed to avoid an injustice. (f no &ustice would result, do not give suppletoril" application of the -evised !enal %ode to that of special law. In 4eople v. *odrigue;. it was held that the use of arms is an element of rebellion, so a rebel cannot be further prosecuted for possession of firearms. violation of a special law can never absorb a crime punishable under the 1evised "enal *ode, because violations of the 1evised "enal *ode are more serious than a violation of a special law. $ut a crime in the 1evised "enal *ode can absorb a crime punishable by a special law if it is a necessary ingredient of the crime in the 1evised "enal *ode. In the crime of sedition, the use of firearms is not an ingredient of the crime. prosecutions can be had* 415 sedition1 and 425 illegal possession of firearms. 0ence, two

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$ut do not thin# that when a crime is punished outside of the 1evised "enal *ode, it is already a special law. 7or example, the crime of cattle=rustling is not a mala prohibitum but a modification of the crime theft of large cattle. 3o !residential 9ecree )o. 833, punishing cattle$rustling, is not a special law. (t can absorb the crime of murder. (f in the course of cattle rustling, murder was committed, the offender cannot be prosecuted for murder. Murder would be a 2ualif"ing circumstance in the crime of 2ualified cattle rustling. #his was the ruling in 4eople v. 'artinada.

If a special law is an amendment to a provision of the +"#, the act is considered a felony and conse,uently the provisions of the +"# are made applicable to such special law.
#he amendments of !residential 9ecree )o. /428 4#he 9angerous 9rugs Act of 1:.25 b" -epublic Act )o. ./8:, which adopted the scale of penalties in the -evised !enal %ode, means that mitigating and aggravating circumstances can now be considered in imposing penalties. !residential 9ecree )o. /428 does not expressl" prohibit the suppletor" application of the -evised !enal %ode. #he stages of the commission of felonies will also appl" since suppletor" application is now allowed.

In conclusion, any 7pecial 8aw that uses the nomenclature of the +evised "enal #ode in the imposition of penalties makes such 7pecial 8aw a felony. Circumstances affecting criminal lia!ilit"
There are five circumstances affecting criminal liability: 415 425 435 445 485 Iustif"ing circumstances1 6xempting circumstances1 Mitigating circumstances1 Aggravating circumstances1 and Alternative circumstances.

There are two others which are found elsewhere in the provisions of the Revised Penal Code* 415 425 Absolutor" cause1 and 6xtenuating circumstances.

In justifying and exempting circumstances, there is no criminal liability . 'hen an accused invokes them, he in effect admits the commission of a crime but tries to avoid the liabilit" thereof. #he burden is upon him to establish be"ond reasonable doubt the re2uired conditions to &ustif" or exempt his acts from criminal liabilit". 'hat is shifted is onl" the burden of evidence, not the burden of proof. 4ustifying circumstances contemplate intentional acts and, hence, are incompatible with dolo. 0xempting circumstances ma" be invoked in culpable felonies.

A!solutor" cause
The effect of this is to absolve the offender from criminal liability, although not from civil liability. $ - rticle )? provides that the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural and adopted brothers and sisters, or relatives b" affinit" within the same degrees with the exception of accessories who profited themselves or assisting the offender to profit b" the effects of the crime. "rticle @A provides how criminal liability is extinguished6

9eath of the convict as to the personal penalties, and as to pecuniar" penalties, liabilit" therefor is extinguished if death occurs before final &udgment1

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


3ervice of the sentence1 Amnest"1 Absolute pardon1 !rescription of the crime1 !rescription of the penalt"1 and Marriage of the offended woman as provided in Article 344. &- :nder rticle )BC, a legall" married person who kills or inflicts ph"sical in&uries upon his or her spouse whom he surprised having sexual intercourse with his or her paramour or mistress in not criminall" liable. A- :nder rticle )&A, discovering secrets through sei+ure of correspondence of the ward b" their guardian is not penali+ed. 8- :nder rticle DD), in the case of theft, swindling and malicious mischief, there is no criminal liabilit" but onl" civil liabilit", when the offender and the offended part" are related as spouse, ascendant, descendant, brother and sister$in$law living together or where in case the widowed spouse and the propert" involved is that of the deceased spouse, before such propert" had passed on to the possession of third parties. )- :nder rticle DBB, in cases of seduction, abduction, acts of lasciviousness, and rape, the marriage of the offended part" shall extinguish the criminal action. E) -ny person who entered another9s dwelling to prevent serious harm to

himself, the occupants of the dwelling or a third person rendered some service to humanity or justice, or entered cafes, taverns, inns and other public houses while the same were open. "#rt. &'(% par. )$
bsolutory cause has the effect of an exempting circumstance and they are predicated on lac# of voluntariness li#e instigation. Instigation is associated with criminal intent. 8o not consider culpa in connection with instigation. If the crime is culpable, do not tal# of instigation. In instigation, the crime is committed with dolo. It is confused with entrapment. 0ntrapment is not an absolutory cause. 0ntrapment does not exempt the offender or mitigate his criminal liability. $ut instigation absolves the offender from criminal liability because in instigation, the offender simply acts as a tool of the law enforcers and, therefore, he is acting without criminal intent because without the instigation, he would not have done the criminal act which he did upon instigation of the law enforcers. 3ifference between instigation and entrapment In instigation, 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 onl" as a mere instrument or tool of the law enforcer in the performance of his duties. <n the other hand, in entrapment, a criminal design is alread" in the mind of the person entrapped. (t did not emanate from the mind of the law enforcer entrapping him. 6ntrapment involves onl" wa"s and means which are laid down or resorted to facilitate the apprehension of the culprit. 0ntrapment is not an absolutory cause because in entrapment, the offender is already committing a crime. The element which ma#es instigation an absolutory cause is the lac# of criminal intent as an element of voluntariness. If the instigator is a law enforcer, the person instigated cannot be criminall" liable, because it is the law enforcer who planted that criminal mind in him to commit the crime, without which he would not have been a criminal. If the instigator is not a law enforcer, both will be criminally liable, you cannot have a case of instigation. (n instigation, the private citi+en onl" cooperates with the law enforcer to a point when the private citi+en upon instigation of the law enforcer incriminates himself. (t would be contrar" to public polic" to prosecute a citi+en who onl"

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2:

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


cooperated with the law enforcer. #he private citi+en believes that he is a law enforcer and that is wh" when the law enforcer tells him, he believes that it is a civil dut" to cooperate. If the person instigated does not #now that the person is instigating him is a law enforcer or he #nows him to be not a law enforcer, this is not a case of instigation. This is a case of inducement, both will be criminally liable. In entrapment, the person entrapped should not #now that the person trying to entrap him was a law enforcer. #he idea is incompatible with each other because in entrapment, the person entrapped is actuall" committing a crime. #he officer who entrapped him onl" la"s down wa"s and means to have evidence of the commission of the crime, but even without those wa"s and means, the person entrapped is actuall" engaged in a violation of the law. Instigation absolves the person instigated from criminal liability. #his is based on the rule that a person cannot be a criminal if his mind is not criminal. <n the other hand , entrapment is not an absolutory cause. It is not even mitigating. (n case of somnambulism or one who acts while sleeping, the person involved is definitel" acting without freedom and without sufficient intelligence, because he is asleep. 0e is moving like a robot, unaware of what he is doing. 3o the element of voluntariness which is necessar" in dolo and culpa is not present. 3omnambulism is an absolutor" cause. (f element of voluntariness is absent, there is no criminal liabilit", although there is civil liabilit", and if the circumstance is not among those enumerated in Article 12, refer to the circumstance as an absolutor" cause. 'ista2e of fact is an absolutory cause. #he offender is acting without criminal intent. 3o in mistake of fact, it is necessar" that had the facts been true as the accused believed them to be, this act is &ustified. (f not, there is criminal liabilit", because there is no mistake of fact an"more. #he offender must believe he is performing a lawful act.

%tenuating circumstances
The effect of this is to mitigate the criminal liability of the offender. (n other words, this has the same effect as mitigating circumstances, onl" "ou do not call it mitigating because this is not found in Article 13. #he concealment of honor by mother in the crime of infanticide is an extenuating circumstance but not in the case of parricide when the age of the victim is three da"s old and above. In the crime of adultery on the part of a married woman abandoned by her husband. Abandonment b" the husband does not &ustif" the act of the woman. (t onl" extenuates or reduces criminal liabilit". .hen the effect of the circumstance is to lower the penalty there is an extenuating circumstance.

-istinctions !etween :ustif"ing circumstances an# e%empting circumstances


In 6ustifying circumstances 7 415 425 435 445 #he circumstance affects the act, not the actor1 #he act complained of is considered to have been done within the bounds of law1 hence, it is legitimate and lawful in the e"es of the law1 3ince the act is considered lawful, there is no crime, and because there is no crime, there is no criminal1 3ince there is no crime or criminal, there is no criminal liabilit" as well as civil liabilit".

In exempting circumstances / 415 425 435 #he circumstances affect the actor, not the act1 #he act complained of is actuall" wrongful, but the actor acted without voluntariness. 0e is a mere tool or instrument of the crime1 3ince the act complained of is actuall" wrongful, there is a crime. =ut because the actor acted without voluntariness, there is absence of dolo or culpa. #here is no criminal1

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


445 3ince there is a crime committed but there is no criminal, there is civil liabilit" for the wrong done. =ut there is no criminal liabilit". 0owever, in paragraphs 4 and . of Article 12, there is neither criminal nor civil liabilit".

.hen you apply for justifying or exempting circumstances, it is confession and avoidance and burden of proof shifts to the accused and he can no longer rely on wea#ness of prosecution5s evidence

Art. 22: <ustifying "ircumstances 8 those wherein the acts of the actor are in accor#ance with law. hence. he is :ustifie#. There is no criminal an# civil lia!ilit" !ecause there is no crime. 1E?9-3E9E/1E
A. 1eason for lawfulness of self=defense* because it would be impossible for the

3tate to protect all its citi+ens. Also a person cannot &ust give up his rights without an" resistance being offered.
,ince the justifying circumstances are in the nature of defensive acts, there must be always unlawful aggression. The reasonableness of the means employed depends on the gravity of the aggression. If the unlawful aggressor was #illed, this can only be justified if it was done to save the life of the person defending or the person being defended. The e(uation is <life was ta2en to save life.= =. Rights inclu#e# in self8#efense*

1. 9efense of person 2. 9efense of rights protected b" law


3. 9efense of property*

a. #he owner or lawful possessor of a thing has a right to exclude an" person from the en&o"ment or disposal thereof. 7or this purpose, he ma" use such force as ma" be reasonabl" necessar" to repel or prevent an actual or threatened unlawful ph"sical invasion or usurpation of his propert". 4 rt. B)A, New *ivil *ode5 4. 9efense of chastity

C.

L & +T':
2.

/+LA,>/L AGGR '')0+ $ is a ph"sical act manifesting danger to life


or limb1 it is either actual or imminent.
a. #ctual=real aggression $ -eal aggression presupposes an act positivel"

strong, showing the wrongful intent of the aggressor, which is not merel" threatening or intimidating attitude, but a material attack. #here must be real danger to life a personal safet".
b. Imminent unlawful aggression $ it is an attack that is impending or on the

point of happening. (t must not consist in a mere threatening attitude, nor must it be merel" imaginar". #he intimidating attitude must be offensive and positivel" strong.
8o not confuse unlawful aggression with provocation . 'hat &ustifies the killing of a supposed unlawful aggressor is that if the offender did not kill the aggressor, it will be his own life that will be lost.

To give rise to self-defense% the aggression must not be a lawful one like the attack of a husband against a paramour of his wife whom he surprised in an uncompromising situation, or a chief of police who threw stones at the accused who was running away to elude arrest of a crime committed in his presence. Their aggression was not considered unlawful.

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31

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


c.

'here there is an agreement to fight, there is no unlawful aggression. 6ach of the protagonists is at once assailant and assaulted, and neither can invoke the right of self$defense, because aggression which is an incident in the fight is bound to arise from one or the other of the combatants. 6xception* 'here the attack is made in violation of the conditions agreed upon, there ma" be unlawful aggression. time the defense is made. (t ma" no longer exist if the aggressor runs awa" after the attack or he has manifested a refusal to continue fighting. (f the person attacked allowed some time to elapse after he suffered the in&ur" before hitting back, his act of hitting back would not constitute self$ defense, but revenge.

d. :nlawful aggression in self=defense, to be justifying, must exist at the

The unlawful aggression must come from the person who was attacked by the accused. It follows that when the source of the unlawful aggression is not known, then unlawful aggression cannot be considered present in the resolution of the case. This observation is true only in self-defense. Obviously, it cannot apply to defense of relatives and strangers. A light push on the head with the hand is not unlawful aggression, but a slap on the face is, because his dignit" is in danger. A police officer exceeding his authorit" ma" become an unlawful aggressor. #he nature, character, location, and extent of the wound ma" belie claim of self$defense. !hen the aggressors runs away, the one making a defense has no more right to invoke self-defense. (People vs& #lconga)
2

7. R A'0+A(L + C '')TH 0> T1 PR B +T 0R R P L )T;

& A+'

&PL0H - T0

It contemplates two situations that may arise while the aggression is taking place. The first is to repel an actual aggression. The second is to prevent an imminent or impending aggression. *e.uisites+ Means were used to prevent or repel Means must be necessar" and there is no other wa" to prevent or repel it Means must be reasonable depending on the circumstances, but generall" proportionate to the force of the aggressor.
a. #he rule here is to stand your ground when in the right which ma" invoked when the defender is unlawfull" assaulted and the aggressor is armed with a weapon.

!here the accused is :where he has the right to be; the law does not re,uire him to retreat when assaulted, but rather to :stand ground when in the right.; ((&)& vs& +amen) b. #he rule is more liberal when the accused is a peace officer who, unlike a private person, cannot run awa". c. #he reasonable necessit" of the means emplo"ed to put up the defense.

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32

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


The gauge of reasonable necessity is the instinct of self= preservation, i.e. a person did not use his rational mind to pick a means of defense but acted out of self$preservation, using the nearest or onl" means available to defend himself, even if such means be disproportionatel" advantageous as compared with the means of violence emplo"ed b" the aggressor.

1easonableness of the means depends on the nature and the (uality of the weapon used, physical condition, character, si!e and other circumstances. !hether or not the means employed is reasonable will depend upon the place, occasion and other circumstances. <ore often, it is the nature and ,uality of weapon used by the aggressor. It is also dictated by the physical condition, si e and sex of the person defending himself.

6. LACI 0> '/>>)C) +T PR0B0CAT)0+ 0+ T1 P R'0+ - > +-)+G 1)&' L>.

PART 0> T1

2or provocation to be considered serious by the court, the degree must be sufficient and must at all times be immediate to the unlawful aggression. ("astanares vs& "ourt of #ppeals, :4 )"!# >9?) a. 'hen no provocation at all was given to the aggressor b" the person defending himself. .hen even if provocation was given by the person defending himself, such was not sufficient to cause violent aggression on the part of the attac#er, i.e. the amount of provocation was not sufficient to stir the aggressor into the acts which led the accused to defend himself.
b.

c. 'hen even if the provocation were sufficient, it was not given b" the person defending himself. d. 'hen even if provocation was given b" the person defending himself, the attack was not proximate or immediate to the act of provocation. e. 3ufficient means proportionate to the damage caused b" the act, and ade2uate to stir one to its commission.

-. Iin#s of 'elf8-efense
1. 1elf-defense of chastity $ to be entitled to complete self$defense of chastit",

there must be an attempt to rape, mere imminence thereof will suffice.


Honor of a woman in respect of her defense is e(uated with her virginity 2. 3efense of property $ an attack on the propert" must be coupled with an

attack on the person of the owner, or of one entrusted with the care of such propert".
#his can onl" be invoked if the life and limb of the person making the defense is also the sub&ect of unlawful aggression. 9ife cannot be e(ual to property. 3. 1elf-defense in libel $ ph"sical assault ma" be &ustified when the libel is

aimed at a personCs good name, and while the libel is in progress, one libel deserves another. In order however, that one may invoke this novel doctrine, the defamatory statements made by the accused must be a fair answer to the libel made by the supposed offended party and must be related to the imputation made. (pp

32

33

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


vs& "hua @ong) In conclusion, if the answer which is libelous is excessive, it will not constitute self-defense. J(ur#en of proof $ on the accused 4sufficient, clear and convincing evidence1 must rel" on the strength of his own evidence and not on the weakness of the prosecution5

- > +' 0> R LAT)B


Elements+ 2& unlawful aggression 4& reasonable necessity of the means employed to prevent or repel the attac%3 5& in case provocation was given by the person attac%ed, that the person ma%ing the defense had no part in such provocation& *elatives entitled to the defense* 1. spouse 2. ascendants 3. descendants 4. legitimate, natural or adopted brothers or sisters 8. relatives b" affinit" in the same degree 42nd degree5 /. relatives b" consanguinit" within the 4th civil degree. The third element need not ta#e place. #he relative defended ma" even be the original aggressor. All that is re2uired to &ustif" the act of the relative defending is that he takes no part in such provocation.

Eeneral opinion is to the effect that all relatives mentioned must be legitimate, except in cases of brothers and sisters who, b" relatives b" nature, ma" be illegitimate.

#he unlawful aggression ma" depend on the honest belief of the person making the defense.
If the person being defended is already a second cousin , "ou do not invoke defense of relative an"more. (t will be defense of stranger. #his is vital because if the person making the defense acted out or revenge, resentment or some evil motive in killing the aggressor, he cannot invoke the &ustif"ing circumstance if the relative defended is alread" a stranger in the e"es of the law. <n the other hand, if the relative defended is still within the coverage of defense of relative, even though he acted out of some evil motive, it would still appl". (t is enough that there was unlawful aggression against the relative defended, and that the person defending did not contribute to the unlawful aggression.

Mista*e of fact can be the basis of defending a relative. If the defender believes in good faith the events presented to him and he acts accordingly, he is entitled to the benefit of defense of relatives, even if later on, the events would actually show that they were different.

- > +' 0> 'TRA+G R


Elements 2& unlawful aggression 4& reasonable necessity of the means employed to prevent or repel the attac%3 5& the person defending be not induced by revenge, resentment or other evil motive& JJJ A relative not included in defense of relative is included in defense of stranger.

33

34

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


EEE $e not induced by evil motive means that even an enem" of the aggressor who comes to the defense of a stranger ma" invoke this &ustif"ing circumstances so long as he is not induced b" a motive that is evil.

'TAT 0> + C '')TH


.

rt. &&, "ar. B provides6

An" person who. in or#er to avoi# an evil or in:ur". #oes an act which causes #amage to another. provi#e# that the following re.uisites are present: .irst& That the evil sought to !e avoi#e# actuall" e%ists; )econd. That the in:ur" feare# !e greater than that #one to avoi# it; 'hird& That there !e no other practical an# less harmful means of preventing it.
The term damage to another refers to injury to persons and prejudice or damage to property. The term evil, means harmful, injurious, disastrous, and destructive. -s contemplated, it must actually exist. If it is merely expected or anticipated, the one acting by such notion is not in a state of necessity.
=.

A state of necessity exists when there is a clash between une2ual rights, the lesser right giving wa" to the greater right. Aside from the 3 re2uisites stated in the law, it should also be added that the necessity must not be due to the negligence or violation of any law by the actor.

The state of necessity must not have been created by the one invo#ing the justifying circumstances. %. The person for whose benefit the harm has been prevented shall be civilly liable

in proportion to the benefit which may have been received. #his is the onl" &ustif"ing circumstance which provides for the pa"ment of civil indemnit". Ander the other &ustif"ing circumstances, no civil liabilit" attaches. #he courts shall determine, in their sound discretion, the proportionate amount for which one is liable.
*ivil liability referred to in a state of necessity is based not on the act committed but on the benefit derived from the state of necessity. ,o the accused will not be civilly liable if he did not receive any benefit out of the state of necessity. >n the other hand, persons who did not participate in the damage or injury would be pro tanto civilly liable if they derived benefit out of the state of necessity.

>/L>)LL& +T 0> -/TH 0R LA,>/L 0>>)C

* RC)'

0> A R)G1T 0R

A. Elements+ 2& that the accused acted in the performance of a duty, or in the lawful exercise of a right or office3 4& that the injury caused or offense committed be the necessary consequence of the due performance of the duty, or the lawful exercise of such right or office& =. A police officer is &ustified in shooting and killing a criminal who refuses to stop when ordered to do so, and after such officer fired warning shots in the air. shooting an offender who refused to surrender is &ustified, but not a thief who refused to be arrested.
%. The accused must prove that he was duly appointed to the position he claimed

he was discharging at the time of the commission of the offense. (t must be

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38

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


made to appear not onl" that the in&ur" caused or the offense committed was done in the fulfillment of a dut", or in the lawful exercise of a right or office, but that the offense committed was a necessar" conse2uence of such fulfillment of dut", or lawful exercise of a right or office. 9. A mere securit" guard has no authorit" or dut" to fire at a thief, resulting in the latterCs death.

0( -) +C T0 A '/P R)0R 0R- R


A. Elements+ 2& there is an order3 4& the order is for a legal purpose3 5& the means used to carry out said order is lawful&

The person giving the order must act within the limitations prescribed by law. The subordinate taking the order must likewise act within the bounds of law. (People vs& ;anis)
=. The subordinate who is made to comply with the order is the party which may

avail of this circumstance. #he officer giving the order ma" not invoke this.
%. #he subordinate5s good faith is material here. (f he obe"ed an order in good

faith, not being aware of its illegalit", he is not liable. 0owever, the order must not be patently illegal. (f the order is patentl" illegal this circumstance cannot be validl" invoked. 9. #he reason for this &ustif"ing circumstance is the subordinateCs mistake of fact in good faith.
6. 0ven if the order be patently illegal, the subordinate ma" "et be able to invoke

the exempting circumstances of having acted under the compulsion of an irresistible force, or under the impulse of an uncontrollable fear.

* &PT)+G C)RC/&'TA+C '

Exempting circumstances %non=imputability' are those ground for exemption from punishment because there is wanting in the agent of the crime of an" of the conditions which make the act voluntar", or negligent. Basis+ #he exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. # person who acts $I'@;(' A#8I"6 4without intelligence, freedom of action or intent5 or $I'@;(' B678I76B"6 4without intelligence, freedom of action or fault5 is B;' "!IAIB#88C 8I#*86 or is 6D6AP' .!;A P(BI)@A6B'& #here is a crime committed but no criminal liability arises from it because of the complete absence of an" of the conditions which constitute free will or voluntariness of the act. Burden of proof+ An" of the circumstances is a matter of defense and must be proved b" the defendant to the satisfaction of the court.

Art. 27& "I!"(A)'#B"6) $@I"@ 6D6AP' .!;A "!IAIB#8 8I#*I8I'C. The following are e%empt from criminal lia!ilit":

38

3/

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA 2. A+ )&( C)L 0R )+'A+ P R'0+. unless the latter has acte# #uring a luci# interval.
'hen the imbecile or an insane person has committed an act which the law defines as a felon" 4delito5, the court shall order his confinement on one of the hospital or as"lums established for persons thus afflicted. 0e shall not be permitted to leave without first obtaining the permission of the same court. *e.uisites+ a. <ffender is an imbecile b. <ffender was insane at the time of the commission of the crime )&( C)L)TH 0R )+'A+)TH a. Basis+ complete absence of intelligence, and element of voluntariness.
b. 3efinition +

An imbecile is one who while advanced in age has a mental development comparable to that of children between 2 and . "ears of age. An insane is one who acts with complete deprivation of intelligence?reason or without the least discernment or with total deprivation of freedom of the will.
The insanity that is exempting is limited only to mental aberration or disease of the mind and must completely impair the intelligence of the accused. the two tests for exemption on grounds of insanity6 %&' %)' The test of cognition, or whether the accused acted with complete deprivation of intelligence in committing said crime1 and The test of volition, or whether the accused acted in total deprivation of freedom of will.

An imbecile is exempt in all cases from criminal liabilit" 4no lucid interval5. #he insane is not so exempt if it can be shown that he acted during a lucid interval. (n the latter, loss of consciousness of ones acts and not merel" abnormalit" of mental faculties will 2ualif" ones acts as those of an insane. 4rocedure+ court is to order the confinement of such persons in the hospitals or as"lums established. 3uch persons will not be permitted to leave without permission from the court. #he court, on the other hand, has no power to order such permission without first obtaining the opinion of the 9<0 that such persons ma" be released without danger. "resumption is always in favor of sanity. #he defense has the burden to prove that the accused was insane at the time of the commission of the crime. 7or the ascertainment such mental condition of the accused, it is permissible to receive evidence of the condition of his mind during a reasonable period both before and after that time. %ircumstantial evidence which is clear and convincing will suffice. An examination of the outward acts will help reveal the thoughts, motives and emotions of a person and if such acts conform to those of people of sound mind. Insanity at the time of the commission of the crime and not that at the time of the trial will exempt one from criminal liability. (n case of insanit" at the time of the trial, there will be a suspension of the trial until the mental capacit" of the accused is restored to afford him a fair trial. 0vidence of insanity must refer to the time preceding the act under prosecution or to the very moment of its execution. 'ithout such evidence, the accused is presumed to be sane when he committed the crime. %ontinuance of insanit" which is occasional or intermittent in nature will not be presumed. (nsanit" at another time must be proved to exist at the time of the commission of the crime. A person is also

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3.

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


presumed to have committed a crime in one of the lucid intervals. %ontinuance of insanit" will onl" be presumed in cases wherein the accused has been ad&udged insane or has been committed to a hospital or an as"lum for the insane.

)nstances of )nsanit":
a. +ementia praecox ()chi,oprenia) is covered b" the term insanit" because

homicidal attack is common in such form of ps"chosis. (t is characteri+ed b" delusions that he is being interfered with sexuall", or that his propert" is being taken, thus the person has no control over his acts.
b. Eleptomania or presence of abnormal, persistent impulse or tendenc" to steal, to

be considered exempting, will still have to be investigated b" competent ps"chiatrist to determine if the unlawful act is due to the irresistible impulse produced b" his mental defect, thus loss of will$power. (f such mental defect onl" diminishes the exercise of his willpower and did not deprive him of the consciousness of his acts, it is onl" mitigating. c. 6pilepsy which is a chronic nervous disease characteri+ed b" convulsive motions of the muscles and loss of consciousness ma" be covered b" the term insanit". 0owever, it must be shown that commission of the offense is during one of those epileptic attacks.

-e"es* .eeblemindedness is not imbecilit" because the offender can distinguish right from wrong. An imbecile and an insane to be exempted must not be able to distinguish right from wrong. -elova* 7eeblemindedness is imbecilit". %rimes committed while in a dream, b" a somnambulist are embraced in the plea of insanit". @ypnotism, however, is a debatable issue. %rime committed while suffering from malignant malaria is characteri+ed b" insanit" at times thus such person is not criminall" liable.

7. A P R'0+ /+- R +)+ H AR' 0> AG .


'I/!*ITC a. *e.uisite+ >ffender is under A years of age at the time of the commission of the crime. #here is absolute criminal irresponsibilit" in the case of a minor under :$ "ears of age.
b. Basis+ complete absence of intelligence.

:nder nine years to be construed nine years or less. 3uch was inferred from the next subse2uent paragraph which does not totall" exempt those over nine "ears of age if he acted with discernment.

If a youth committed homicide on his =th birthday 5 meaning, he was e+actly nine years old at that time and he acted with discernment, it would seem that, following the policy that penal laws are to be strictly construed against the 6overnment and liberally in favor of the accused, he should be exempt from criminal liability.

!resumptions of incapabilit" of committing a crime is absolute. ge is computed up to the time of the commission of the crime . established b" the testimonies of families and relatives. ,enility or second childhood is only mitigating. < perio#s of the life of a human !eing: Age can be

3.

3B

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


Age : years and below *etween : and 2> years old *etween 2> and 2F years old *etween 2F and ?G years old ;ver ?G years old Criminal *esponsibility Absolute irresponsibilit" %onditional responsibilit" .ithout discernment no liabilit" .ith 8iscernment Mitigated responsibilit" 7ull responsibilit" Mitigated responsibilit"

mitigated liabilit"

6. A P R'0+ 0B R +)+ H AR' 0> AG A+- /+- R >)>T +. /+L '' 1 1A' ACT - ,)T1 -)'C R+& +T. in which case. such minor shall !e procee#e# against in accor#ance with the provisions of article FG of this Co#e. ,hen such minor is a#:u#ge# to !e criminall" irresponsi!le. the court. in conformit" with the provisions of this an# the prece#ing paragraph. shall commit him to the care an# custo#" of his famil" who shall !e charge# with his surveillance an# e#ucation; otherwise. he shall !e committe# to the care of some institution or person mentione# in sai# article FG.

C/AL)>) - &)+0R)TH* Basis+ complete absence of intelligence ,uch minor over A years and under &F years of age must have acted without discernment to be exempted from criminal liability. If with discernment, he is criminally liable. "resumption is always that such minor has acted without discernment. prosecution is burdened to prove if otherwise. #he

3iscernment means the mental capacit" of a minor between : and 18 "ears of age to full" appreciate the conse2uences of his unlawful act and the mental capacity to understand the difference between right and wrong. )uch is shown by* 415 manner the crime was committed 4i.e. commission of the crime during nighttime to avoid detection1 taking the loot to another town to avoid discover"5, or 425 the conduct of the offender after its commission 4i.e. elation of satisfaction upon the commission of his criminal act as shown b" the accused cursing at the victim5.

-n accused who knows the morality of his acts, or can appreciate the conse,uences of his action has acted with discernment.

If such minor is adjudged to be criminally liable , he is charged to the custod" of his famil", otherwise, to the care of some institution or person mentioned in article B;. #his is because of the courtCs presupposition that the minor committed the crime without discernment.

youthful offender can only be confined in a reformatory upon order of the court. Ander the amendment to !residential 9ecree )o. /;3, !residential 9ecree )o. 11.: re2uires that before a "outhful offender ma" be given the benefit if a suspension of sentence, there must be an application filed with the court which should pronounce sentence. )ote that the commitment of the offender in a reformatory is just a conse(uence of the suspension of the sentence . (f the sentence is not suspended, there is no commitment in a reformator". #he commitment is in a penitentiar", since suspension of sentence re(uires certain conditions6 %&' %)' The crime committed should not be punishable by reclusion perpetua or death penaltyThe offender should not have been given the benefit of a suspended sentence before. This means he is a first timer-

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%D' He must be below &@ years old because a youthful offender is one who is below &@.

How does the minority of the offender affect his criminal liability; %&' If the offender is within the brac2et of nine years old exactly or less, he is exempt from criminal liabilit" but not from civil liabilit". #his t"pe of offenders are absolutel" exempt. 6ven if the offender nine "ears or below acted with discernment, this should not be taken against him because in this age bracket, the exemption is absolute. If over nine but below $8, a distinction has to be made whether the offender acted with or without discernment. #he burden is upon the prosecution to prove that the offender acted with discernment. (t is not for the minor to prove that he acted without discernment. All that the minor has to show is that he is within the age bracket. (f the prosecution would want to pin criminal liabilit" on him, it has to prove that the crime was committed with discernment. 0ere, if the offender was exempt from criminal liabilit" because the prosecution was not able to prove that the offender acted with discernment, he is onl" civill" liable but he will be committed to the surveillance of his parents who will be re2uired to report to the court periodicall" on the progress or development of the offender. If the offender is proven to have acted with discernment, this is where the court ma" give him the benefit of a suspended sentence. 0e ma" be given the benefit of a suspended sentence under the conditions mentioned earlier and onl" if he would file an application therefor. If the youthful offender has filed an application

%)'

,uspension of sentence is not automatic. therefor. %D'

If at the time the 6udgment is to be promulgated he is already above $#, he cannot avail of a suspended sentence. #he reason is because if the sentence were to be suspended, he would be committed in a reformator". 3ince he cannot be committed to a reformator" an"more because he is not less than 1B "ears old, he would have to be committed to a penitentiar". #hat means promulgation of the sentence shall not be suspended. (f the sentence should not be suspended, although the minor ma" be 2ualified, the court will promulgate the sentence but the minor shall be entitled to the reduction of the penalt" b" at least two degrees. .hen the offender is over nine but below &F, the penalt" to be imposed is discretionar" on the court, but lowered b" at least two degrees. (t ma" be lowered b" three or four degrees, depending upon whether the court deems best for the interest of the offender. #he limitation that it should be lowered b" at least two degrees is &ust a limitation on the power of the court to reduce the penalt". (t cannot be less than two degrees.

%B'

If the offender is $8 years old and above but below $# . there is no exemption an"more but he is also given the benefit of a suspended sentence under the conditions stated earlier and if at the time the sentence is promulgated, he is not 1B "ears old or over "et. (f the sentence is promulgated, the court will impose a penalt" one degree lower.

Allegation of 2with intent to #ill3 in the information is sufficient allegation of discernment as such conve"s the idea that he knew what would be the conse2uences of his unlawful act. #hus is the case wherein the information alleges that the accused, with intent to kill, willfull", criminall" and feloniousl" pushed a child of B 1?2 "ears of age into a deep place. (t was held that the re2uirement that there should be an allegation that she acted with discernment should be deemed ampl" met.

<. An" person who. while performing a lawful act with #ue care. causes an in:ur" !" mere acci#ent without fault or intention of causing it.

ACC)- +T (-A&+/& A('C/ )+4/R)A): Basis+ lack of negligence and intent. Elements+ a& # person is performing a lawful act b& 6xercise of due dare

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c& @e causes injury to another by mere accident d& $ithout fault or intention of causing it&
:nder rticle &), paragraph B, the offender is exempt not only from criminal but also from civil liability. This paragraph embodies the 9atin maxim 2damnum abs(ue injuria3.

9ischarge of a firearm in a thickl" populated place in the %it" of Manila being prohibited b" Art. 188 of the -!% is not a performance of a lawful act when such led to the accidental hitting and wounding of 2 persons. 9rawing a weapon?gun in the course of self$defense even if such fired and seriousl" in&ured the assailant is a lawful act and can be considered as done with due care since it could not have been done in an" other manner. P%ob #)6

-, armed with .)> caliber and 1, who has no weapon, robbed a store' but in the course thereof, were seen by ", a policeman who was armed with a .0? caliber gun, and when he demanded for the surrender of - and 1, - shot him but missed, and so " repelled the attack. In the exchange of shots, - was killed, together with 1, and # the owner of the store. The three were killed by the bullets fired from a .0? caliber. In such case, " is not liable for the death of - due to self-defense as all the three *)% elements were present. @e is not also liable for the death of 1, not because of self-defense because the latter being weaponless can not commit unlawful aggression, but because of performance of duty. 2or the death of #, the store owner, ", is also not criminally liable obviously not because of self-defense nor of fulfillment of duty but because of accident provided for in par. & of -rt. &(. 'ith the fact dul" established b" the prosecution that the appellant was guilt" of negligence, this exempting circumstance cannot be applied because application presupposes that there is no fault or negligence on the part of the person performing the lawful act. Accident happens outside the swa" of our will, and although it comes about some act of our will, lies be"ond the bounds of humanl" foreseeable conse2uences. If the conse,uences are plainly foreseeable, it will be a case of negligence. #he accused, who, while hunting saw wild chickens and fired a shot can be considered to be in the performance of a lawful act executed with due care and without intention of doing harm when such short recoiled and accidentall" wounded another. 3uch was established because the deceased was not in the direction at which the accused fired his gun. #he chauffeur, who while driving on the proper side of the road at a moderate speed and with due diligence, suddenl" and unexpectedl" saw a man in front of his vehicle coming from the sidewalk and crossing the street without an" warning that he would do so, in effect being run over b" the said chauffeur, was held not criminall" liable, it being b" mere accident.

The infliction of the injury by mere accident does not give rise to a criminal or civil liability, but the person who caused the injury is duty bound to attend to the person who was injured. If he would abandon him, it is in that abandonment that the crime arises which is punished under the second paragraph of rticle )CF.

=.

An" person who acts un#er the compulsion of an irresisti!le force.


)RR ')'T)(L voluntariness >0RC : Basis+ complete absence of freedom, an element of

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


Elements+ a& 'hat the compulsion is by means of physical force b& 'hat the physical force must be irresistible& c& 'hat the physical force must come from a third person

Force, to be irresistible, must produce such an effect on an individual that despite of his resistance, it reduces him to a mere instrument and, as such, incapable of committing a crime. (t compels his member to act and his mind to obe". (t must act upon him from the outside and b" a third person. @e must act not only without a will but also against his will. =aculi, who was accused but not a member of a band which murdered some American school teachers and was seen and compelled b" the leaders of the band to bur" the bodies, was not criminall" liable as accessor" for concealing the bod" of the crime. =aculi acted under the compulsion of an irresistible force. (rresistible force can never consist in an impulse or passion, or obfuscation. It must consist of an extraneous force coming from a third person.

A. An" person who acts un#er the impulse of an uncontrolla!le fear of an e$ual or greater in:ur".

/+C0+TR0LLA(L > AR: Basis+ complete absence of freedom Elements a& that the threat which causes the fear is of an evil greater than, or at least equal to that w=c he is required to commit b& that it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it&

3uress, to be a valid defense, should be based on real, imminent or reasonable fear for oneCs life or limb. (t should not be inspired b" speculative, fanciful or remote fear.

The fear must be grave, actual, serious and of such kind that majority of men would succumb to such moral compulsion. The latter must be such as to leave a reasonable fear for one9s life or limb and not speculative, fanciful or remote fear. (Pp vs& Parula, FF Phil 92>)

Threat of future injury is not enough. #he compulsion must leave no opportunit" to the accused for escape or self$defense in e2ual combat. 9uress is the use of violence or ph"sical force. #here is uncontrollable fear is when the offender emplo"s intimidation or threat in compelling another to commit a crime, while irresistible force is when the offender uses violence or ph"sical force to compel another person to commit a crime. 1an act done by me against my will is not my act0

The offender must be totally deprived of freedom. If the offender has still freedom of choice, whether to act or not, even if force was employed on him or even if he is suffering from uncontrollable fear, he is not exempt from criminal liability because he is still possessed with voluntariness. In exempting circumstances, the offender must act without voluntariness.

The distinction between irresistible force and uncontrollable fear is that, in the former, the offender uses violence or physical force to compel another person to commit a crime' while in the latter, the offender employs

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threat or intimidation to compel another to commit a crime. 7ince the actor acted without freedom, he incurs no criminal liability.

E. An" person who fails to perform an act re$uire# !" law. when prevente# !" some lawful or insupera!le cause.

LA,>/L 0R )+'/P RA(L CA/' : Basis+ acts without intent, the third condition of voluntariness in intentional felon" Elements+ a& an act is required by law to be done b& person fails to perform such act c& his failure to perform such act was due to some lawful or insuperable cause 'hat 'hat a 'hat

0xamples of lawful cause6 a. !riest canCt be compelled to reveal what was confessed to him b. )o available transportation officer not liable for arbitrar" detention

c. Mother who was overcome b" severe di++iness and extreme debilit", leaving child to die not liable for infanticide

To be an 0G0+"TIN7 circumstance I/TE/T

()#6)# (3 'A)#()E

presupposes the exercise of freedom and the use of intelligence

3istinction between 6ustifying and exempting circumstance+ a. 6xempting there is a crime but there is no criminal. Act is not &ustified but the actor is not criminall" liable. 7eneral 1ule6 #here is civil liabilit" 0xception* !ar 4 4causing an in&ur" b" mere accident5 and !ar . 4lawful cause5
b. <ustifying

person does not transgress the law, does not commit an" crime because there is nothing unlawful in the act as well as the intention of the actor.

-istinction !etween %empting an# 4ustif"ing Circumstances Exempting Circumstance (ustifying Circumstance 6xistence #here is a crime but there is no #here is no crime, the act is &ustified of a crime criminal, the actor is exempted from liabilit" of his act

A!solutor" Causes are those where the act committed is a crime but for some reason of public polic" and sentiment, there is no penalt" imposed. 6xempting and Iustif"ing %ircumstances are absolutor" causes. >ther examples of absolutory causes6 15 Art / spontaneous desistance 25 Art 2; accessories exempt from criminal liabilit"

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


35 Art 1: par 1 the crime profiting oneCs self or assisting offenders to profit b" the effects of

(nstigation v. 6ntrapment )+'T)GAT)0+ +TRAP& +T (nstigator practicall" induces the would$be #he wa"s and means are resorted to for accused into the commission of the the purpose of trapping and capturing the offense and himself becomes co$principal lawbreaker in the execution of his criminal plan. Accused will be ac2uitted )<# a bar to accusedCs prosecution and conviction Absolutor" cause )<# an absolutor" cause

&)T)GAT)+G C)RC/&'TA+C '


3efinition

#hose circumstance which reduce the penalt" of a crime

ffect -educes the penalt" of the crime but does not erase criminal liabilit" nor change the nature of the crime

Dinds of 'itigating Circumstance* Privilege# &itigating ;ffset by any %annot be offset b" an" aggravating aggravating circumstance circumstance 6ffect on the 0as the effect of imposing the penalty penalt" b" 1 or 2 degrees lower than that provided b" law Einds Minorit", (ncomplete 3elf$defense, two or more mitigating circumstances without an" aggravating circumstance 4has the effect of lowering the penalt" b" one degree5
IB !68#'I;B '; '@6 I&)&8&

0r#inar" &itigating %an be offset b" a generic aggravating circumstance (f not offset, has the effect of imposing the penalt" in the minimum period #hose circumstances enumerated in paragraph 1 to 1; of Article 13

"rivilege mitigating circumstance will apply over and above all other considerations. 'hen "ou arrive at the correct penalt", that is the time when "ou find out whether the (ndeterminate 3entence >aw will appl" or not. For purposes of lowering the penalty by one or two degrees, the age of the offender at the time of the commission of the crime shall be the basis, not the age of the offender at the time the sentence is to be imposed. $ut for purposes of suspension of the sentence, the age of the offender at the time the crime was committed is not considered, it is the age of the offender at the time the sentence is to be promulgated.

Article 26. Aitigating circumstances. 88 2. Those mentione# in the prece#ing chapter. when all the re$uisites necessar" to :ustif" the act or to e%empt from criminal lia!ilit" in the respective cases are not atten#ant 4ustif"ing circumstances
1elf-defenseEdefense of relativeEdefense of stranger unlawful aggression must be present for rt &D to be applicable. <ther 2 elements not
a.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


necessar". If ) re(uisites are present / considered a privileged mitigating circumstance. 0xample6 Iuan makes fun of !edro. !edro gets pissed off, gets a knife and tries to stab Iuan. Iuan grabs his own knife and kills !edro. (ncomplete self$defense because although there was unlawful aggression and reasonable means to repel was taken, there was sufficient provocation on the part of Iuan. =ut since 2 elements are present, it considered as privileged mitigating.
5ow if at all may incomplete self-defense affect the criminal liability of the offenderF (f the 2uestion specificall" refers to incomplete self$defense, defense of relative or defense of stranger, "ou have to 2ualif" "our answer. 9irst to have incomplete self=defense, the offended party must be guilty of unlawful aggression. 'ithout this, there can be no incomplete self$defense, defense of relative, or defense of stranger. 1econd, if only the element of unlawful aggression is present, the other re(uisites being absent, the offender shall be given only the benefit of an ordinary mitigating circumstance. Third if aside from the element of unlawful aggression another re(uisite, but not all, are present, the offender shall be given the benefit of a privileged mitigating circumstance. In such a case, the imposable penalt" shall be reduced b" one or two degrees depending upon how the court regards the importance of the re2uisites present. <r absent.

b. 1tate of /ecessity ,par A- avoidance of greater evil or in6ury 1 if an" of the last 2 re2uisites is absent, thereCs onl" an ordinar" Mitigating %ircumstance. 0xample* 'hile driving his car, Iuan sees !edro carelessl" crossing the street. Iuan swerves to avoid him, thus hitting a motorbike with 2 passengers, killing them instantl". )ot all re2uisites to &ustif" act were present because harm done to avoid in&ur" is greater. %onsidered as mitigating. c. 4erformance of 3uty ,par 80xample* Iuan is supposed to arrest !edro. 0e thus goes to !edroCs hideout. Iuan sees a man asleep. #hinking it was !edro, Iuan shot him. Iuan ma" have acted in the performance of his dut" but the crime was not a necessar" conse2uence thereof. %onsidered as mitigating.

%empting circumstance
a. 'inority over % and under $8 !rivilege mitigating if minor acted with discernment, considered

0xample* 13 "ear old stole goods at nighttime. Acted with discernment as shown b" the manner in which the act was committed.
If the offender is proven to have acted with discernment, this is where the court may give him the benefit of a suspended sentence. He may be given the benefit of a suspended sentence under the conditions mentioned earlier and only if he would file an application therefor.

b. Causing in6ury by mere accident if 2nd re2uisite 4due care5 and 1st part of 4th re2uisite 4without fault thus negligence onl"5 are A=36)#, considered as mitigating because the penalt" is lower than that provided for intentional felon". 0xample* !olice officer tries to stop a fight between Iuan and !edro b" firing his gun in the air. =ullet ricocheted and killed !etra. <fficer willfull" discharged his gun but was unmindful of the fact that area was populated. c. :ncontrollable fear onl" one re2uisite present, considered mitigating

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0xample* Ander threat that their farm will be burned, !edro and Iuan took turns guarding it at night. !edro fired in the air when a person in the shadows refused to reveal his identit". Iuan was awakened and shot the unidentified person. #urned out to be a neighbor looking for is pet. Iuan ma" have acted under the influence of fear but such fear was not entirel" uncontrollable. %onsidered mitigating.

7. That the offen#er is /+- R 2F H AR' of age or 0B R EG H AR'. )n the case of a minor. he shall !e procee#e# against in accor#ance with the provisions of Art 257 of P- 5G6
Applicable to+ a. <ffender over :, under 18 who acted with discernment b. <ffender over 18, under 1B 3 4 c. <ffender over .; "ears ge of accused which should be determined as his age at the date of commission of crime, not date of trial

Barious Ages an# their Legal ffects a. under : exemptive circumstance b. over :, below 2> exemptive1 except if acted with discernment c& minor delinquent under 2F sentence ma" be suspended 4!9 /;35 d. under 2F privileged mitigating circumstance e. 2F and above full criminal responsibilit" f. ?G and above mitigating circumstance1 no imposition of death penalt"1 execution of death sentence if alread" imposed is suspended and commuted.

If the minor acted with discernment" age ,--. $% he is entitled to a privileged mitigating circumstance and by source of authority of -rticle 3>, the penalty is reduced by two degrees from that prescribed by law for the crime committed. If the offender is over fifteen and under eighteen years of age, discernment is no longer in issue but the offender is entitled to a privileged mitigating circumstance and the reduction is only by one degree. (7arcia vs& Aadrigal, F>? Phil& 9>2)

6. That the offen#er ha# no intention to commit so grave a wrong as that committe# (Praeter Intentionem)

%an be used onl" when the facts prove to show that there is a notable and evident disproportion between means employed to execute the criminal act and its conse(uences

Intent is an indispensable element of the crime. !hen the intent is less than the actual act committed, reason and fair play dictate that a mitigated responsibility be imposed upon the offender.

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Intention+ as an internal act, is &udged b" the proportion of the means emplo"ed to the evil produced b" the act, and also b" the fact that the blow was or was not aimed at a vital part of the bod". <udge by considering 415 the weapon used, 425 the in&ur" inflicted and 435 the attitude of mind when the accuser attacked the other. 0xample* !edro stabbed #omas on the arm. #omas did not have the wound treated, so he died from loss of blood.

Not applicable when offender employed brute force 0xample* -apist choked victim. =rute force of choking contradicts claim that he had no intention to kill the girl.

Art 13, par 3 addresses itself to the intention of the offender at the particular moment when he executes or commits the criminal act, not to his intention during the planning stage. In crimes against persons if victim does not die, the absence of the intent to kill reduces the felon" to mere ph"sical in&uries. (t is not considered as mitigating. Mitigating onl" when the victim dies. 0xample* As part of fun$making, Iuan merel" intended to burn !edroCs clothes. !edro received minor burns. Iuan is charged with ph"sical in&uries. 0ad !edro died, Iuan would be entitled to the mitigating circumstance. )ot applicable to felonies b" negligence. 'h"@ (n felonies through negligence, the offender acts without intent. #he intent in intentional felonies is replaced b" negligence, imprudence, lack of foresight or lack of skill in culpable felonies. #here is no intent on the part of the offender which ma" be considered as diminished. =asis of par 3* intent, an element of voluntariness in intentional felon", is diminished

Praeter intentionem #he common circumstance given in the bar of praeter intentionem, under paragraph 3, means that there must be a notable disproportion between the means employed by the offender compared to that of the resulting felony. (f the resulting felon" could be expected from the means emplo"ed, this circumstance does not avail. This circumstance does not apply when the crime results from criminal negligence or culpa. 'hen the crime is the product of reckless imprudence or simple negligence, mitigating circumstances does not appl". #his is one of the three instances where the offender has performed a felon" different from that which he intended. #herefore, this is the product of intentional felony, not a culpable one.

<. That the '/>>)C) +T PR0B0CAT)0+ 0R T1R AT on the part of the offen#e# part" imme#iatel" prece#e# the act.

4rovocation 7 an" un&ust or improper conduct or act of the offended part", capable of exciting, inciting or irritating an"one. Basis+ diminution of intelligence and intent Re$uisites: a. 4rovocation must be sufficient. 1. ,ufficient ade2uate enough to excite a person to commit the wrong and must accordingl" be proportionate to its gravit". 2. ,ufficiency depends on6 the act constituting the provocation the social standing of the person provoked time and place provocation took place 3. 0xample* Iuan likes to hit and curse his servant. 0is servant thus killed him. #hereCs mitigating circumstance because of sufficient provocation.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


4. 'hen it was the defendant who sought the deceased, the challenge to fight b" the deceased is )<# sufficient provocation. b. It must originate from the offended party 1. 'h"@ >aw sa"s the provocation is Gon the part of the offended part"H 2. 0xample6 #omasC mother insulted !etra. !etra kills #omas because of the insults. )o Mitigating %ircumstance because it was the mother who insulted her, not #omas. 3. !rovocation b" the deceased in the first stage of the fight is not Mitigating %ircumstance when the accused killed him after he had fled because the deceased from the moment he fled did not give an" provocation for the accused to pursue and attack him. c. 4rovocation must be immediate to the act. i.e., to the commission of the crime b" the person who is provoked 1. 'h"@ (f there was an interval of time, the conduct of the offended part" could not have excited the accused to the commission of the crime, he having had time to regain his reason and to exercise self$control. 2. Threat should not be offensive and positively strong because if it was, the threat to inflict real in&ur" is an unlawful aggression which ma" give rise to self$defense and thus no longer a Mitigating %ircumstance
The commission of the felony must be immediate to the threat or provocation in order that this circumstance be mitigating. (f there is sufficient break of time before the provocation or threat and the conse2uent commission of the crime, the law presupposes that during that interval, whatever anger or diminished self control ma" have emerged from the offender had alread" vanished or disappeared. #his is the correct interpretation of paragraph 4, Article 13 . s long as the offender at the time he committed the felony was still under the influence of the outrage caused by the provocation or threat, he is acting under a diminished self control. #his is the reason wh" it is mitigating. <ou have to loo# at two criteria* 415 (f from the element of time, there is a material lapse of time stated in the problem and there is nothing stated in the problem that the effect of the threat or provocation had prolonged and affected the offender at the time he committed the crime, then "ou use the criterion based on the time element. 0owever, if there is that time element and at the same time, facts are given indicating that at the time the offender committed the crime, he is still suffering from outrage of the threat or provocation done to him, then he will still get the benefit of this mitigating circumstance.

425

In 4eople v. 3io2no a *hinaman eloped with a woman. ctually, it was almost three days before accused was able to locate the house where the *hinaman brought the woman. Here, sufficient provocation was one of the mitigating circumstances considered by the ,upreme *ourt in favor of the accused.

=. That the act was committe# in the )&& -)AT B)+-)CAT)0+ 0> A GRAB 0>> +' to the one committing the felon" (#elito). his spouse. ascen#ants. #escen#ants. legitimate. natural or a#opte# !rother or sisters. or relatives !" affinit" within the same #egree.
This has reference to the honor of a person. It concerns the good names and reputation of the individual. (Pp vs& #npar, 5? Phil& 4G2) 1. *e.uisites+ thereCs a grave offense done to the one committing the felon" etc. that the felon" is committed in vindication of such grave offense.

2. 9apse of time is allowed between the vindication and the one doing the offense 4proximate time, not &ust immediatel" after5

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


3. 0xample* Iuan caught his wife and his friend in a compromising situation. Iuan kills his friend the next da" still considered proximate. 4*!0!CATI!/ Made directl" onl" to the person committing the felon" %ause that brought about the provocation need not be a grave offense )ecessar" that provocation or threat immediatel" preceded the act. )o time interval

0I/3ICATI!/ Erave offense ma" be also against the offenderCs relatives mentioned b" law <ffended part" must have done a grave offense to the offender or his relatives Ma" be proximate. #ime interval allowed

+ore lenient in vindication because offense concerns the honor of the person. 3uch is more worth" of consideration than mere spite against the one giving the provocation or threat.

Bin#ication of a grave offense


#he word GoffenseH should not be taken as a crime. (t is enough if what was imputed or what was done was wrong. In considering whether the wrong is a grave one upon the person who committed the crime, his age, education and social status will be considered. Here, in vindication of a grave offense, the vindication need not be done by the person upon whom the grave offense was committed. 3o, unlike in sufficient threat or provocation where the crime should be inflicted upon the ver" person who made the threat or provocation, here, it need not be the same person who committed the grave offense or who was offended b" the wrong done b" the offended part". #he word GimmediateH here does not carr" the same meaning as that under paragraph 4. #he word GimmediateH here is an erroneous 3panish translation because the 3panish word is GproximaH and not Gimmediatementa.H Therefore, it is enough that the offender committed the crime with the grave offense done to him, his spouse, his ascendant or descendant or to his brother or sister, whether natural, adopted or legitimate and that is the proximate cause of the commission of the crime.

It would seem that the rule is that, the court must consider the lasting effect and influence of the grave offense to the offender when he resorted to commit the crime to vindicate such grave offense. ,indication of a grave offense and passion and obfuscation canCt be counted separatel" and independentl"

A. That of having acte# upon an impulse so powerful as naturall" to have pro#uce# PA'')0+ 0R 0(>/'CAT)0+
/assion and obfuscation refer to emotional feeling which produces excitement so powerful as to overcome reason and self-control. It must come from prior unjust or improper acts. The passion and obfuscation must emanate from legitimate sentiments.

"assion and obfuscation is mitigating* when there are causes naturall" producing in a person powerful excitement, he loses his reason and self$control. #hereb" dismissing the exercise of his will power. " ,,I>N N8 >$F:,* TI>N are +itigating *ircumstances only when the same arise from lawful sentiments 4not Mitigating %ircumstance when done in the spirit of revenge or lawlessness5 *e.uisites for 4assion G !bfuscation a. #he offender acted on impulse powerful enough to produce passion or obfuscation

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


b. #hat the act was committed not in the spirit of lawlessness or revenge c. #he act must come from lawful sentiments Act which gave rise to passion and obfuscation a. #hat there be an act, both unlawful and un&ust b. #he act be sufficient to produce a condition of mind c. #hat the act was proximate to the criminal act d. #he victim must be the one who caused the passion or obfuscation

0xample6 Iuan saw #omas hitting his 4Iuan5 son. Iuan stabbed #omas. Iuan is entitled to Mitigating %ircumstance of !K< as his actuation arose from a natural instinct that impels a father to rush to the rescue of his son. The obfuscation must be caused by unlawful act 'he exercise of a right or a fulfillment of a duty is not the proper source of PH;. 0xample* A policeman arrested Iuan as he was making a public disturbance on the streets. IuanCs anger and indignation resulting from the arrest canCt be considered passionate obfuscation because the policeman was doing a lawful act. The act must be sufficient to produce a condition of mind. (f the cause of the loss of self$control was trivial and slight, the obfuscation is not mitigating. 0xample* IuanCs boss punched him for not going to work the other da". %ause is slight. #here could have been no Mitigating %ircumstance of !K< when more than 24 hours elapsed between the alleged insult and the commission of the felon", or several hours have passed between the cause of the !K< and the commission of the crime, or at least L hours intervened between the previous fight and subse2uent killing of deceased b" accused. Not mitigating if relationship is illegitimate #he passion or obfuscation will be considered even if it is based onl" on the honest belief of the offender, even if facts turn out to prove that his beliefs were wrong. !assion and obfuscation cannot co$exist with treacher" since that means the offender has had time to ponder his course of action. !A33(<) A)9 <=7A3%A#(<) arising from one and the same cause should be treated as onl" one mitigating circumstance ,indication of grave offense canCt co$exist w? !A33(<) A)9 <=7A3%A#(<) I**E1ITIB?E 9!*CE 6xempting -e2uires ph"sical force Must come from a 3rd person Anlawful 4*!0!CATI!/ %omes from in&ured part" Must immediatel" precede the commission of the crime

4A11I!/ A/3 !B9:1CATI!/ Mitigating )o ph"sical force needed 7rom the offender himself Must come from lawful sentiments 4A11I!/ A/3 !B9:1CATI!/ !roduced b" an impulse which ma" be caused b" provocation <ffense, which engenders perturbation of mind, need not be immediate. (t is onl" re2uired that the influence thereof lasts

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


until the crime is committed

6ffect is loss of reason and self$control on 3ame the part of the offender
there is a ruling to the effect that if the offender is given the benefit of paragraph B, he cannot be given the benefit of paragraph F or H, or vice=versa. >nly one of the three mitigating circumstances should be given in favor of the offender. However, in one case, one of the mitigating circumstances under paragraphs 4, 8 and / stands or arises from a set of facts, and another mitigating circumstance arises from another set of facts. 3ince the" are predicated on different set of facts, the" ma" be appreciated together, although the" arose from one and the same case. 0ence, the prohibition against considering all these mitigating circumstances together and not as one applies onl" if the" would be taken on the basis of the same set of facts. If the case involves a series of facts, then "ou can predicate an" one of these circumstances on one fact and the other on another fact and so on.

E. That the offen#er ha# B0L/+TAR)LH '/RR +- R - himself to a person in authorit" or his agents. or that he ha# B0L/+TAR)LH C0+> '' - 1)' G/)LT !efore the court prior to the presentation of the evi#ence for the prosecution.
" 'itigating Circumstances present+ a5 voluntaril" surrendered b5 voluntaril" confessed his guilt If both are present, considered as ) independent mitigating circumstances. Mitigate penalt" to a greater extent *e.uisites of voluntary surrender+ a) offender not actually arrested b) c)

offender surrendered to a person in authority or the latterIs agent surrender was voluntary shows his interest to surrender unconditionall"

1urrender must be spontaneous to the authorities

1pontaneous emphasi+es the idea of inner impulse, acting without external stimulus. #he conduct of the accused, not his intention alone, after the commission of the offense, determines the spontaneit" of the surrender. 0xample* 3urrendered after 8 "ears, not spontaneous an"more. 0xample* 3urrendered after talking to town councilor. )ot ,.3. because thereCs an external stimulus

%onduct must indicate a desire to own the responsibilit" Not mitigating when warrant already served. 3urrender ma" be considered mitigating if warrant not served or returned unserved because accused canCt be located.

:The law does not re,uire that the accused surrender prior to the order of arrest,; what matters is the spontaneous surrender of the accused upon learning that a warrant of arrest had been issued against him and that voluntary surrender is obedience to the order of arrest is issued against him. (Pp vs& "ahilig, 9F Phil& ?JG)

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3urrender of person re2uired. )ot &ust of weapon. 4erson in authority one directl" vested with &urisdiction, whether as an individual or as a member of some court?government?corporation?board?commission. =arrio captain?chairman included. Agent of person in authority person who b" direct provision of law, or b" election, or b" appointment b" competent authorit" is charged with the maintenance of public order and the protection and securit" of life and propert" and an" person who comes to the aid of persons in authorit". -!% does not make distinction among the various moments when surrender ma" occur. 3urrender must be b" reason of the commission of the crime for which defendant is charged

Boluntar" surren#er
The essence of voluntary surrender re(uires that the offender, after having committed the crime, had evaded the law enforcers and the law enforcers do not #now of his whereabouts. In short, he continues to elude arrest. (f, under this circumstance, the offender would come out in the open and he gives himself up, his act of doing so will be considered as indicative of repentance and he also saves the government the time and the expense of looking for him. s a general rule, if after committing the crime, the offender did not flee and he went with the responding law enforcers meekl", voluntar" surrender is not applicable. However, there is a ruling that if after committing the crime, the offender did not flee and instead waited for the law enforcers to arrive and he surrendered the weapon he used in killing the victim, the ruling was that voluntar" surrender is mitigating. (n this case, the offender had the opportunit" to go into hiding, the fact that he did not flee is voluntar" surrender. However, if he comes out from hiding because he is seriousl" ill and he went to get medical treatment, the surrender is not considered as indicative of remorse or repentance. #he surrender here is onl" done out of convenience to save his own self. 0ence, it is not mitigating. 0ven if the offender may have gone into hiding, if the law enforcers had alread" known where he is hiding and it is &ust a matter of time before he is flushed out of that place, then even if the law enforcers do not know exactl" where he was hiding and he would come out, this is not voluntar" surrender. .hether or not a warrant of arrest had been issued against the offender is immaterial and irrelevant. #he criterion is whether or not the offender had gone into hiding or had the opportunit" to go into hiding and the law enforcers do not know of his whereabouts. (f he would give up, his act of surrendering under such circumstance indicates that he is willing to accept the conse2uences of the wrong he has done and also thereb" saves the government the effort, the time and the expenses to be incurred in looking for him. 1urrender to be considered voluntary and thus mitigating, must be spontaneous, demonstrating an intent to submit himself unconditionally to the person in authority or his agent in authority, because %&' he ac#nowledges his guilt %)' he wishes to save the government the trouble and expenses of searching and capturing him. 'here the reason for the surrender of the accused was to insure his safet", his arrest b" policemen pursuing him being inevitable, the surrender is not spontaneous.

)* If the accused escapes from the scene of the crime in order to seek advice from a lawyer, and the latter ordered him to surrender voluntarily to the authorities, which the accused followed by surrendering himself to the municipal mayor, will his surrender be considered mitigatingA A* The answer is yes, because he fled to the scene of a crime not to escape but to seek legal advice. )* 7upposing that after the accused met a vehicular accident causing multiple homicide because of reckless imprudence, he surrenders to the

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authorities immediately thereafter, will his surrender mitigate his criminal liability because of -rt. &)A A* The answer is no, because in cases involving felonies committed by means of culpa, the court is authori ed under -rt. )3? to impose a penalty upon offender without regard to the rules on mitigating and aggravating circumstances. *e.uisites for plea of guilty a) offender spontaneously confessed his guilt b) confession of guilt was made in open court (competent court)

c) confession of guilt was made prior to the presentation of evidence for the prosecution To be mitigating, the plea of guilty must be without conditions. 1ut conditional plea of guilty may still be mitigating if the conditions imposed by the accused are found to be meritorious. "lea of guilty not applicable to special law. plea made after arraignment and after trial has begun does not entitle accused to have plea considered as Mitigating %ircumstance plea in the -#% in a case appealed from the M#% is not mitigating $ must ma#e plea at the first opportunity plea during the preliminar" investigation is no plea at all even if during arraignment, accused pleaded not guilt", he is entitled to Mitigating %ircumstance as long as he withdraws his plea of not guilt" to the charge before the fiscal could present his evidence plea to a lesser charge is not Mitigating %ircumstance because to be voluntar" plea of guilt", must be to the offense charged plea to the offense charged in the amended info, lesser than that charged in the original info, is Mitigating %ircumstance present -ules of %ourt re2uire that even if accused pleaded guilt" to a capital offense, its mandator" for court to re2uire the prosecution to prove the guilt of the accused being likewise entitled to present evidence to prove, inter alia, Mitigating %ircumstance

F. That the offen#er is #eaf an# #um!. !lin# or otherwise suffering from some P1H')CAL - > CT wJc thus restricts his means of action. #efense or communication wJ his fellow !eings.

Basis+ one suffering from ph"sical defect which restricts him does not have complete freedom of action and therefore, there is diminution of that element of voluntariness.

The law says that the offender is deaf and dumb, meaning not only deaf but also dumb, or that he is blind, meaning in both eyes, but even if he is only deaf and not dumb, or dumb only but not deaf, or blind only in one eye, he I still entitled to a mitigating circumstance under this article as long as his physical defects restricts his means of action, defense communication with his fellowmen. The restriction however, must relate to the mode of committing the crime. )o distinction between educated and uneducated deaf$mute or blind persons
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The physical defect of the offender should restrict his means of action, defense or communication with fellow beings, this has been extended to cover cripples, armless people even stutterers. #he circumstance assumes that with their ph"sical defect, the offenders do not have a complete freedom of action therefore diminishing the element of voluntariness in the commission of a crime.

The physical defect that a person may have must have a relation to the commission of the crime. Not any physical defect will affect the crime. It will only do so if it has some relation to the crime committed. This circumstance must also have a bearing on the crime committed and must depend on how the crime was committed.

5. 'uch )LL+ '' of the offen#er as woul# #iminish the e%ercise of the will8 power of the offen#er wJo #epriving him of consciousness of his acts.

Basis+ diminution of intelligence and intent Re$uisites: a5 illness of the offender must diminish the exercise of his will$power b5 such illness should not deprive the offender of consciousness of his acts

If the illness not only diminishes the exercise of the offender9s will power but deprives him of the consciousness of his acts, it becomes an exempting circumstance to be classified as insanity or imbecility. deceased mind, not amounting to insanit", ma" give place to mitigation

2eeblemindedness of the accused who, in a fit of jealousy, stabbed his wife, then carried her up to the house, laid her on the floor and then lay down beside her, warrants the finding in his favor of this mitigating circumstance. (Pp vs& .ormigones, F? Phil& 9>F)

2G. An# A+H 0T1 R C)RC/&'TA+C of a similar nature an# analogous to those a!ove8mentione#
6xamples of 1any other circumstance0a5 defendant who is /; "ears old with failing e"esight is similar to a case of one over .; "ears old b5 outraged feeling of owner of animal taken for ransom is analogous to vindication of grave offense c5 d5 impulse of &ealous feeling, similar to !A33(<) A)9 <=7A3%A#(<) voluntar" restitution of propert", similar to voluntar" surrender

e5 extreme povert", similar to incomplete &ustification based on state of necessit" f5 esprit de corps is similar to passion or obfuscation

Analogous cases
#he act of the offender of leading the law enforcers to the place where he buried the instrument of the crime has been considered as e(uivalent to voluntary surrender. #he act of a thief in leading the authorities to the place where he disposed of the loot has been considered as analogous or e(uivalent to voluntary surrender. 3tealing b" a person who is driven to do so out of extreme povert" is considered as analogous to incomplete state of necessity. 0owever, this is not so where the offender became impoverished

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because of his own wa" of living his life. (f his lifest"le is one of having so man" vices, as a result of which he became poor, his subse2uent stealing because of his povert" will not be considered mitigated b" incomplete state of necessit".

B;' analogousa5 killing wrong person b5 c5 not resisting arrest not the same as voluntar" surrender running amuck is not mitigating

'ITIGATI/G CI*C:'1TA/CE which arise from+ a) moral attributes of the offender 0xample* Iuan and #omas killed !edro. Iuan acted w? !A33(<) A)9 <=7A3%A#(<). <nl" Iuan will be entitled to Mitigating %ircumstance b) private relations with the offended party 0xample* Iuan stole his brotherCs watch. Iuan sold it to !edro, who knew it was stolen. #he circumstance of relation arose from private relation of Iuan and the brother. 9oes not mitigate !edro. c) other personal cause 0xample* Minor, acting with discernment robbed Iuan. !edro, passing b", helped the minor. %ircumstance of minorit", mitigates liabilit" of minor onl".

)hall serve to mitigate the liability of the principals, accomplices and accessories to whom the circumstances are attendant& Circumstances which are neither exempting nor mitigating mistake in the blow mistake in the identit" of the victim entrapment of the accused accused is over 1B "ears old performance of a righteous action 0xample* Iuan saved the lives of :: people but caused the death of the last person, he is still criminall" liable No"#6 /nder the +ules of #ourt on 0 #a ba%2a'*'*2, the accused is allowed to negotiate with the prosecution during his arraignment, to enter a plea for a lesser offense, or for the consideration of mitigating circumstances under -rt. &)' for the prosecution to forego or delete aggravating circumstances, without regard to the rules and jurisprudence mentioned above.

AGGRABAT)+G C)RC/&'TA+C '


3efinition 7 #hose circumstance which raise the penalt" for a crime without exceeding the maximum applicable to that crime. Basis+ The greater perversity of the offense as shown by6 a5 the motivating power behind the act b5 the place where the act was committed c5 the means and wa"s used d5 the time e5 the personal circumstance of the offender f5 the personal circumstance of the victim

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Iin#s:
a5 b5

Generic 7 generall" applicable to all crimes for chastit" crimes1

1pecific 7 appl" onl" to specific crimes 4ignomin" treacher" for persons crimes5
c5

Hualifying 7 those that change the nature of the crime 4evident premeditation becomes murder5 Inherent 7 necessaril" accompanies the commission of the crime1 it is an ele ment of the crime committed 4evident premeditation in theft, estafa5
d5

C/AL)>H)+G AGGRABAT)+G G + R)C AGGRABAT)+G C)RC/&'TA+C C)RC/&'TA+C Eives the proper and exclusive name, (ncrease penalt" to the maximum, without places the author thereof in such a exceeding limit prescribed b" law situation as to deserve no other penalt" than that specificall" prescribed b" law %anCt be offset b" Mitigating %ircumstance Ma" be compensated b" Mitigating %ircumstance Must be alleged in the information. (ntegral )eed not be alleged. Ma" be proved over part of the offense the ob&ection of the defense. Mualif"ing if not alleged will make it generic #ggravating "ircumstances which +; B;' have the effect of increasing the penalty&' which themselves constitute a crime specifically punishable by law or which are included in the law defining a crime and prescribing the penalty thereof 0xample* breaking a window to get inside the house and rob it )' aggravating circumstance inherent in the crime to such degree that it must of necessity accompany the commission thereof 0xample* evident premeditation inherent in theft, robber", estafa, adulter" and concubinage

ggravating circumstances are not presumed. Must be proved as full" as the crime itself in order to increase the penalt".

Art 2<. #ggravating circumstances. K The following are aggravating circumstances: 2. That a#vantage !e ta3en !" the offen#er of his P/(L)C P0')T)0+
*e.uisite+ a& 'he offender is a public officer

b& 'he commission of the crime would not have been possible without the powers, resources and influence of the office he holds& - 0!b '- o11'-#% is any person who, by *&% direct provision of the law, *(% popular election or *)% appointment by competent authority shall take part in the performance of public functions in the 6overnment of the "hilippine Islands or shall perform in said 6overnment or in any of its branches, public duties as an employee, agent or subordinate official of any rank or class.

Essential - !ublic officer used the influence, prestige or ascendanc" which his office gives him as the means b" which he reali+ed his purpose.

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If the accused could have perpetrated the crime without occupying his position, then there is no abuse of public position. 7ailure in official duties is tantamount to abusing of office

!hen the public position is an element of the offense like 1ribery *Birect 5 -rticle (&4, Indirect 5 (&&, or Cualified 1ribery 5 7ec. 0, +.-. D3?=%, this circumstance can not be taken into consideration. 'earing of uniform is immaterial advantage of his position what matters is the proof that he indeed took

Ta3ing a#vantage of pu!lic position Article /2 was also amended b" the -epublic Act )o. ./8:. #he legal import of this amendment is that the sub&ect circumstance has been made a .ualifying or special aggravating that shall not be offset or compensated b" a mitigating circumstance. If not alleged in the information, however, but proven during the trial, it is onl" appreciated as a generic aggravating circumstance.

/nder 7ec. (), & *a% of +.-. D3?=, when in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be imposed shall be in its maximum regardless of mitigating circumstances.

7. That the crime !e committe# )+ C0+T &PT 0> 0R ,)T1 )+'/LT T0 T1 P/(L)C A/T10R)T) '
*e.uisites+ a& 'he offender %nows that a public authority is present b& c& d&

'he public authority is engaged in the exercise of his functions 'he public authority is not the victim of the crime 'he public authorityIs presence did not prevent the criminal act

0xample* Iuan and !edro are 2uarrelling and the municipal ma"or, upon passing b", attempts to stop them. )otwithstanding the intervention and the presence of the ma"or, Iuan and !edro continue to 2uarrel until Iuan succeeds in killing !edro. Person in authorit" public authorit" who is directl" vested with &urisdiction, has the power to govern and execute the laws 6xamples of Persons in #uthority a. b. c. d. e. f. Eovernor Ma"or =aranga" captain %ouncilors Eovernment agents %hief of !olice

!ule not applicable when committed in the presence of a mere agent. Agent 7 subordinate public officer charged with the maintenance of public order and protection and securit" of life and propert"

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


0xample* barrio vice lieutenant, barrio councilman

6. That the act !e committe#: (2) with insult or in #isregar# of the respect #ue to the offen#e# part" on account of his (A) RA+I. (() AG . (C) ' * or

circumstances 4rank, age, sex5 ma" be taken into account only in crimes against persons or honor, it cannot be invoked in crimes against propert" *an2 7 refers to a high social position or standing b" which to determine oneCs pa" and emoluments in an" scale of comparison within a position Age 7 the circumstance of lack of respect due to age applies in case where the victim is of tender age as well as of old age 4age of the offended party5 1ex 7 refers to the female sex, not to the male sex1 not applicable when a. #he offender acted w? !A33(<) A)9 <=7A3%A#(<) b. there exists a relation between the offender and the victim 4but in cases of divorce decrees where there is a direct bearing on their child, it is applicable5 c. the condition of being a woman is indispensable in the commission of the crime 46x. !arricide, rape, abduction5 *e.uisite of disregard to ran2 age or sex a& "rimes must be against the victimIs person or his honor

b& 'here is deliberate intent to offend or insult the respect due to the victimIs ran%, age, or sex NOTE6 !hile nighttime is absorbed in treachery, the aggravating circumstance of disregard of sex and age cannot be similarly absorbed, as Treachery refers to the manner of the commission of the crime, while the latter pertains to the relationship of the victim with the offender.(Pp vs& 8apa,, 2?2 )"!# >5:)

(7) that it !e committe# in the -, LL)+G of the offen#e# part". if the latter has not given provocation.

3welling 7 must be a building or structure exclusivel" used for rest and comfort 4combination house and store not included5 a. ma" be temporar" as in the case of guests in a house or bedspacers b. basis for this is the sanctit" of privac" the law accords to human abode dwelling includes dependencies, the foot of the staircase and the enclosure under the house Elements of the aggravating circumstance of dwelling a& "rime occurred in the dwelling of the victim b& the victim Bo provocation on the part of

*e.uisites for 4rovocation+ A>> MA3# %<)%Aa. given b" the owner of the dwelling b. sufficient

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


c. immediate to the commission of the crime
8welling will only be aggravating if it is the dwelling of the offended party. It should also not be the dwelling of the offender. (f the dwelling is both that of the offended part" and the offender, dwelling is not aggravating. 8welling need not be owned by the offended party. (t is enough that he used the place for his peace of mind, rest, comfort and privac". #he rule that dwelling, in order to be aggravating must be owned b" the offended part" is no longer absolute. 9welling can be aggravating even if it is not owned b" the offended part", provided that the offended part" is considered a member of the famil" who owns the dwelling and e2uall" en&o"s peace of mind, privac" and comfort. 8welling should not be understood in the concept of a domicile . A person has more than one dwelling. 8welling is not limited to the house proper. All the appurtenances necessar" for the peace and comfort, rest and peace of mind in the abode of the offended part" is considered a dwelling.

.hen dwelling may and may not be considered ,hen it ma" !e consi#ere# ,hen it ma" not !e consi#ere# although the offender fired the shot from (f the offended part" has given outside the house, as long as his victim provocation was inside (f both the offender and the even if the killing took place outside the offended part" are occupants of the dwelling, so long as the commission began same dwelling inside the dwelling (n robber" with force upon things, it when adulter" is committed in the dwelling is inherent of the husband, even if it is also the dwelling of the wife, it is still aggravating because she and her paramour committed a grave offense to the head of the house (n robber" with violence against persons, robber" with homicide, abduction, or illegal detention

The victim should be the owner, occupant or lessee of the house. @owever, in People vs& *alansi, 2F? )"!# >99, it was held that the victim need not be the owner or occupant of the dwelling where he was shot, since, :the stranger, as an invited guest, is sheltered by the same roof and protected by the same intimacy of life it affords. It may not be his house, but it is, even for a brief moment, home to him.; !hile this aggravating circumstance cannot be considered in Trespass to Bwelling or +obbery in an Inhabited @ouse as it is included necessarily in these crimes *-rt. 3(%, it can be considered in +obbery with @omicide because this kind of +obbery can be committed without the necessity of transgressing the sanctity of the house. (Pp vs& Pareja, 49> )"!# J4:)
>ne=half of the house is used as a store and the other half is used for dwelling but there is only one entrance. (f the dwelling portion is attacked, dwelling is not aggravating because whenever a store is open for business, it is a public place and as such is not capable of being the sub&ect of trespass. (f the dwelling portion is attacked where even if the store is open, there is another separate entrance to the portion used for dwelling, the circumstance is aggravating. 0owever, in case the store is closed, dwelling is aggravating since here, the store is not a public place as in the first case.

<. That the act !e committe# with (2) A(/' 0(B)0/' /+GRAT >/L+ ''
Re$uisites of A!use of Confi#ence a) ;ffended party has trusted the

0> C0+>)- +C

or (7)

Re$uisite of 0!vious /ngratefulness a) ungratefulness must be obvious, that is,

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


offender b) ;ffender abused such trust c) #buse of confidence facilitated the commission of the crime

there must be something which the offender should owe the victim a debt of gratitude for Note6 robber" or theft committed b" a visitor in the house of the offended part" is aggravated b" obvious ungratefulness

0xample* A &ealous lover, alread" determined to kill his sweetheart, invited her for a ride and during that ride, he stabbed her Abuse of confidence is inherent in+ a. malversation b. 2ualified theft c. estafa b" conversion d. misappropriation e. 2ualified seduction

8o not confuse this with mere betrayal of trust. #his is aggravating onl" when the ver" offended part" is the one who reposed the confidence. (f the confidence is reposed b" another, the offended part" is different from the fellow who reposed the confidence and abuse of confidence in this case is not aggravating.

=. That the crime !e committe# in the PALAC 0> T1 C1) > * C/T)B . or in his presence. or when P/(L)C A/T10R)T) ' AR +GAG - )+ T1 -)'C1ARG 0> T1 )R -/T) '. or in a PLAC - -)CAT - T0 R L)G)0/' ,0R'1)P.
*e.uirements of the aggravating circumstance of public office+ a& 'he crime occurred in the public office b& Public authorities are actually performing their public duties

A polling precinct is a public office during election da" )ature of public office should be taken into account, like a police station which is on dut" 24 hrs. a da" place of the commission of the felony (par >)- if it was committed in +alacaIang palace or a church it is aggravating, regardless of whether 3tate or official1 functions are being held.

The "resident or #hief of $xecutive need not be in the "alace to aggravate the liability of the offender. as regards other places where public authorities are engaged in the discharge of their duties, there must be some performance of public functions

The accused must have the intention to commit the crime in such place so that if the meeting of the offender and the victim was only casual, this circumstance cannot be considered. @owever, in a place which is dedicated to religious worship, any offense committed thereat even if no ceremony is taking place, is aggravated by this circumstance. *e.uisites for aggravating circumstances for place of worship+ a& 'he crime occurred in a place dedicated to the worship of 7od regardless of religion b& ;ffender must have decided to commit the crime when he entered the place of worship

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$hen Paragraph 4 and > of #rticle 2J are applicable %ommitted in the presence of the %hief %ommitted in contempt of !ublic Authorit" 6xecutive, in the !residential !alace or a ,4ar. " Art $Aplace of worship,4ar. 8 Art. $A!ublic authorities are performing of their 3ame duties when the crime is committed 'hen crime is committed in the public <utside the office 4still performing dut"5 office, the officer must be performing his duties, except in the !residential !alace !ublic authorit" ma" be the offended part" !ublic authorit" is not be the offended part"

A. (A) That the crime !e committe# (2) in the +)G1TT)& . or (7) in an /+)+1A()T - PLAC (6) !" a (A+-. whenever such circumstances ma" facilitate the commission of the offense.
N'2$""')#, U*'*$ab'"#, P a-# o% b& a Ba*, A22%a(a"'*2 7$#*6 a& it facilitated the commission of the crime b& especially sought for by the offender to insure the commission of the crime or for the purpose of impunity c& when the offender too% the advantage thereof for the purpose of impunity d& commission of the crime must have began and accomplished at nighttime Impunity / means to prevent the accusedCs being recogni+ed or to secure himself against detection or punishment or to facilitate his escape more easil".

/ighttime begins at the end of dusk and ending at dawn1 from sunset to sunrise a. commission of the crime must begin and be accomplished in the nighttime b. when the place of the crime is illuminated b" light, nighttime is not aggravating c. absorbed b" #reacher"

6ven if there was darkness but the nighttime was onl" an incident of a chance meeting, there is no aggravating circumstance here. It must be shown that the offender deliberately sought the cover of dar#ness and the offender purposely too# advantage of nighttime to facilitate the commission of the offense, to insure his immunity from capture, or otherwise to facilitate his getaway.%pp vs& pareja, 49> scra J4:)

:ninhabited 4lace one where there are no houses at all, a place at a considerable distance from town, where the houses are scattered at a great distance from each other *e.uisites+ a& 'he place facilitated the commission or omission of the crime b& +eliberately sought and not incidental to the commission or omission of the crime c& 'a%en advantage of for the purpose of impunity

!hile there is no hard and fast rule on the matter , a place where there are no people or houses within a distance of (44 meters or less is considered uninhabited. (Pp vs& 6got, 25G )"!# 25J)

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


'hat should be considered here is whether in the place of the commission of the offense, there was a reasonable possibilit" of the victim receiving some help

A. (() 8 ,henever more than 6 arme# malefactors shall have acte# together in the commission of an offense. it shall !e #eeme# to have !een committe# !" a (A+-.
*e.uisites+ a& .acilitated the commission of the crime b& +eliberately sought c& 'a%en advantage of for the purposes of impunity d& 'here must be four or more armed men (f one of the four$armed malefactors is a principal b" inducement, the" do not form a band because it is undoubtedl" connoted that he had no direct participation,

!here more than three armed malefactors participated in the commission of the offense, if the aggrupation did not facilitate the commission of the crime, it will not be considered as aggravating because of the language of the law which re,uires that such circumstance must have facilitated the commission of the offense. !hen the two *(% groups are almost similarly armed, like where the group of the offended party numbered five *?% but only three *)% were armed so that there is no band, while the offenders were four *0% who were all armed and therefore constituted a band, there is no band as aggravating circumstance as it did not facilitate the commission of the crime. 8ikewise, if the meeting is casual, the homicide committed by the killers comprising a band is not aggravated. -rms is not limited to firearms, sticks and stones included =and is inherent in robber" committed in band and brigandage

*orrelate this with rticle D?H = $rigandage. #he crime is the band itself. #he mere forming of a band even without the commission of a crime is alread" a crime so that band is not aggravating in brigandage because the band itself is the wa" to commit brigandage. 0owever, where brigandage is actuall" committed, band becomes aggravating.

(t is not considered in the crime of rape (t has been applied in treason and in robber" with homicide

E. That the crime !e committe# on the occasion of a conflagration. shipwrec3. earth$ua3e. epi#emic or other CALA&)TH 0R &)'>0RT/+
*e.uisites+ a& "ommitted when there is a calamity or misfortune 2& "onflagration 4& )hipwrec% 5& 6pidemic b& ;ffender too% advantage of the state of confusion or chaotic condition from such misfortune

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

Basis+ %ommission of the crime adds to the suffering b" taking advantage of the misfortune. based on time offender must take advantage of the calamit" or misfortune

8istinction between "aragraphs C and &) of rticle &B Committed during a calamity or misfortune Committed with the use of wasteful means %rime is committed 9A-()E an" of the %rime is committed =D using fire, inundation, calamities explosion or other wasteful means

F. That the crime !e committe# with the A)- 0> (2) AR& - & + 0R (7) P R'0+' ,10 )+'/R 0R A>>0R- )&P/+)TH
based on the means and wa"s of committing the crime Re$uisites: a& that armed men or persons too% part in the commission of the crime, directly or indirectly b& that the accused availed himself of their aid or relied upon them when the crime was committed If the accused relied on the presence of armed men, availing himself of the aid of the latter, his liability is aggravated. @owever, where it appeared that appellants were not merely present at the scene of the crime but were in conspiracy with the assailant, shooting the victim and leaving the scene together after apparently accomplishing their purpose clearly evincing conspiracy, this circumstance cannot be appreciated. (Pp vs& (mbrero, 2:9 )"!# F42) There must be no unity of purpose between the offender and the armed men present in the commission of the crime. The existence of conspiracy will make the armed men liable as principals by direct participation. %ceptions: a. when both the attacking part" and the part" attacked were e2uall" armed b. not present when the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose. c. %asual presence, or when the offender did not avail himself of an" of their aid nor did not knowingl" count upon their assistance in the commission of the crime ,)T1 T1 A)- 0> AR& - & + (H A (A+!resent even if one of the offenders merel" -e2uires more than 3 armed malefactors relied on their aid. Actual aid is not who all acted together in the commission necessar" of an offense if there are more than 3 armed men, aid of armed men is absorbed in the emplo"ment of a band.

If the accused, upom assurance of policemen - and 1 that they would not patrol the area so that he could theft or robbery thereat, the commission of burglary in the said area where no routine patrolling was done is aggravated by the a', o1 0#%so*s 7$o '*s!%# o% a11o%, ')0!*'"&4

5. That the accuse# is a R C)-)B)'T

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

Reci#ivist one who at the time of his trial for one crime, shall have been previousl" convicted b" final &udgment of another crime embraced in the same title of the -!%

It is important that the conviction which came earlier must refer to the crime committed earlier than the subse(uent conviction.

Basis+ Ereater perversit" of the offender as shown b" his inclination to commit crimes Re$uisites: a. offender is on trial for an offense b. he was previousl" convicted b" final &udgment of another crime c. that both the first and the second offenses are embraced in the same title of the -!% 4not special law5 d. the offender is convicted of the new offense

.hat is controlling is the time of the trial, not the time of the commission of the offense. At the time of the trial means from the arraignment until after sentence is announced b" the &udge in open court. $hen does judgment become final/ 4-ules of %ourt5 a. after the lapse of a period for perfecting an appeal b. when the sentence has been partiall" or totall" satisfied or served c. defendant has expressl" waived in writing his right to appeal d. the accused has applied for probation

Example of Crimes embraced in the 1ame title of the *4C a. robber" and theft title 1; b. homicide and ph"sical in&uries title B

In recidivism, the crimes committed should be felonies. -ecidivism cannot be had if the crime committed is a violation of a special law.

C: #he accused was prosecuted and tried for theft, robber" and estafa. Iudgments were read on the same da". (s he a recidivist@ A: )o. =ecause the &udgment in an" of the first two offenses was not "et final when he was tried for the third offense -ecidivism must be taken into account no matter how man" "ears have intervened between the first and second felonies Pardon does not obliterate the fact that the accused was a recidivist, but amnesty extinguishes the penalt" and its effects

If the offender has already served his sentence and he was extended an absolute pardon, the pardon shall erase the conviction including recidivism because there is no more penalt" so it shall be understood as referring to the conviction or the effects of the crime.

To prove recidivism, it must be alleged in the information and with attached certified copies of the sentences rendered against the accused 0xceptions* if the accused does not ob&ect and when he admits in his confession and on the witness stand

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA 2G. That the offen#er has !een previousl" punishe# for an offense to which the law attaches an e$ual or greater penalt" or for two or more crimes to which it attaches a lighter penalt"

R )T RAC)0+ 0R 1A()T/AL)TH

it is essential that the offender be previousl" punished1 that is, he has served sentence. !ar. 1; speaks of penalty attached to the offense, not the penalt" actuall" imposed

in reiteracion, the penalty attached to the crime subse(uently committed should be higher or at least e(ual to the penalty that he has already served. (f that is the situation, that means that the offender was never reformed b" the fact that he alread" served the penalt" imposed on him on the first conviction. However, if he commits a felony carrying a lighter penalty- subse2uentl", the law considers that somehow he has been reformed but if he, again commits another felony which carries a lighter penalty, then he becomes a repeater because that means he has not "et reformed. <ou will only consider the penalty in reiteracion if there is already a second conviction. 'hen there is a third conviction, "ou disregard whatever penalt" for the subse2uent crimes committed. 6ven if the penalt" for the subse2uent crimes committed are lighter than the ones alread" served, since there are alread" two of them subse2uentl", the offender is alread" a repeater. 0owever, if there is only a second conviction, pa" attention to the penalt" attached to the crime which was committed for the second crime. #hat is wh" it is said that reiteracion is not alwa"s aggravating. #his is so because if the penalt" attached to the felon" subse2uentl" committed is not e2ual or higher than the penalt" alread" served, even if literall", the offender is a repeater, repetition is not aggravating.

R )T RAC)0+ )ecessar" that offender shall have served out his sentence for the first sentence !revious and subse2uent offenses must not be embraced in the same title of the %ode )ot alwa"s an aggravating circumstance

R C)-)B)'& 6nough that final &udgment has been rendered in the first offense 3ame title Alwa"s aggravating

Thus, if - has been convicted of <urder, and after grant of parole committed @omicide, he labors under this paragraph *&4% known as reiteracion, but he is also suffering from recidivism *recidencia%. In such a case, he will be considered only as recidivist, and par. &4 will no longer apply to him. < >orms of Repetition a. !ecidivism generic
b. !eiteracion or @abituality c.

generic extraordinar" aggravating

Aultiple recidivism or @abitual delinquency special aggravating

d. KuasiL!ecidivism

-istinctions !etween reci#ivism an# ha!itual #elin$uenc"


In recidivism / %&' %)' %D' Two convictions are enough. The crimes are not specified- it is enough that they may be embraced under the same title of the 1evised "enal *ode. There is no time limit between the first conviction and the subse(uent conviction. 1ecidivism is imprescriptible.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


%B' It is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. If not offset, it would only increase the penalty prescribed by law for the crime committed to its maximum period. The circumstance need not be alleged in the information.

%F'

In habitual delin.uency / %&' %)' %D' %B' t least three convictions are re(uired. The crimes are limited and specified to6 %a' serious physical injuries, %b' less serious physical injuries, %c' robbery, %d' theft, %e' estafa or swindling and %f' falsification. There is a time limit of not more than &? years between every convictions computed from the first conviction or release from punishment thereof to conviction computed from the second conviction or release therefrom to the third conviction and so on . . . Habitual delin(uency is a special aggravating circumstance, hence it cannot be offset by any mitigating circumstance. side from the penalty prescribed by law for the crime committed, an additional penalty shall be imposed depending upon whether it is already the third conviction, the fourth, the fifth and so on . . . The circumstance must be alleged in the information- otherwise the court cannot ac(uire jurisdiction to impose additional penalty.

%F'

1A()T/AL - L)+C/ +CH when a person within a period of 1; "ears from the date of his release or last conviction of the crimes of serious or less serious ph"sical in&uries, robber", theft, estafa or falsification is found guilt" of an" of said crimes a third time or oftener.

.hen the offender is a recidivist and at the same time a habitual delin(uent, the penalt" for the crime for which he will be convicted will be increased to the maximum period unless offset b" a mitigating circumstance. After determining the correct penalt" for the last crime committed, an added penalt" will be imposed in accordance with Article /2. Habitual delin(uency, being a special or specific aggravating circumstance must be alleged in the information. (f it is not alleged in the information and in the course of the trial, the prosecution tried to prove that the offender is a habitual delin2uent over the ob&ection of the accused, the court has no &urisdiction to consider the offender a habitual delin2uent.

C/A')8R C)-)B)'& an" person who shall commit a felon" after having been convicted b" final &udgment, before beginning to serve such sentence, or while serving the same, shall be punished b" the maximum period of the penalt" prescribed b" law for the new felon"

#he emphasis here is on the crime committed before sentence or while serving sentence which should be a felon", a violation of the -evised !enal %ode. (n so far as the earlier crime is concerned, it is necessar" that it be a felon". #he emphasis is on the nature of the crime committed while serving sentence or before serving sentence. (t should not be a violation of a special law. Muasi$recidivism is a special aggravating circumstance. #his cannot be offset b" an" mitigating circumstance and the imposition of the penalt" in the maximum period cannot be lowered b" an" ordinar" mitigating circumstance. 'hen there is a privileged mitigating circumstance, the penalt" prescribed b" law for the crime committed shall be lowered b" 1 or 2 degrees, as the case ma" be, but then it shall be imposed in the maximum period if the offender is a 2uasi$recidivist.

22. That the crime !e committe# )+ C0+')- RAT)0+ 0> A PR)C . R ,AR- 0R PR0&)' .
Re$uisites: a& #t least 4 principals 2& 'he principal by inducement 4& 'he principal by direct participation

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


b& the price, reward, or promise should be previous to and in consideration of the commission of the criminal act #pplicable to both principals&

To consider this circumstance, the price% reward or promise must be the primary reason or the primordial motive for the commission of the crime. Thus, if - approached 1 and told the latter what he thought of E, and 1 answered :he is a bad man; to which - retorted, :you see I am going to kill him this afternoon;, and so 1 told him :If you do that, I9ll give you "?,444.44; and after killing E, - again approached 1, told him he had already killed E, and 1 in compliance with his promise, delivered the "?,444.44, this aggravating circumstance is not present.

27. That the crime !e committe# !" means of inun#ation. fire. poison. e%plosion. stran#ing a vessel or intentional #amage thereto. or #erailment of a locomotive. or !" use of an" other artifice involving GR AT ,A'T 0R R/)+.

Re$uisite* #he wasteful means were used b" the offender to accomplish a criminal purpose

Fire is not aggravating in the crime of arson. .henever a #illing is done with the use of fire, as when to kill someone, "ou burn down his house while the latter is inside, this is murder. There is no such crime as murder with arson or arson with homicide . #he crime committed is onl" murder. If the victim is already dead and the house is burned, the crime is arson. (t is either arson or murder. (f the intent is to destro" propert", the crime is arson even if someone dies as a conse2uence. (f the intent is to kill, there is murder even if the house is burned in the process.

/nder +.-. >(=0 which amends ".B. &>33, when a person commits any crime under the +evised "enal #ode or special laws with the use of explosives including but not limited to pillbox, motolov cocktail bombs, detonation agents or incendiary devices resulting in the death of a person, the same is aggravating. *7ection (%

26. That the act !e committe# with B)- +T PR & -)TAT)0+

Essence of premeditation+ the execution of the criminal act must be preceded b" cool thought and reflection upon the resolution to carr" out the criminal intent during the space of time sufficient to arrive at a calm &udgment Re$uisites: a& the time when the offender determined to commit the crime b& an act manifestly indicating that the culprit has clung to his determination c& a sufficient lapse of time between the determination and execution to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will

%onspirac" generall" presupposes premeditation

There are cases however, when conspiracy is established because of the manner the crime was committed by the offenders, which more often is

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


manifested by their acts before, during and after the commission of the crime. This is called ')0 '#, -o*s0'%a-&. !hen such situation arises, the court cannot presume evident premeditation. There is unity of purpose and they all took part in the commission of the crime, but such is not evident premeditation. It only establishes conspiracy.

.hen victim is different from that intended, premeditation is not aggravating. Although it is not necessar" that there is a plan to kill a particular person for premeditation to exist 4e.g. plan to kill first 2 persons one meets, general attack on a villageNfor as long as it was planned5 #he premeditation must be based upon external facts, and must be evident, not merel" suspected indicating deliberate planning 6vident premeditation is inherent in robber", adulter", theft, estafa, falsification, and etc.

In evident premeditation, there must be a clear reflection on the part of the offender. However, if the #illing was accidental, there was no evident premeditation . 'hat is necessar" to show and to bring about evident premeditation aside from showing that as some prior time, the offender has manifested the intention to kill the victim, and subse2uentl" killed the victim.

In People vs& Aojica, 2G )"!# >2>, the lapse of one hour and forty-five minutes *0.&? p.m. to 3 p.m.% was considered by the 7upreme #ourt as sufficient. In People vs& "abodoc, 495 )"!# 2F?, where at &.44 p.m., the accused opened his balisong and uttered :I will kill him *referring to the victim%;, at 0.)4 p.m. of the said date accused stabbed the victim, it was held that the lapse of three and a half hours *) F hours% from the inception of the plan to the execution of the crime satisfied the last re,uisite of evident premeditation.

2<. That (2) CRA>T. (7) >RA/-. 0R (6) -)'G/)' !e emplo"e#

Craft involves intellectual tricker" and cunning on the part of the accused. (t is emplo"ed as a scheme in the execution of the crime 4e.g. accused pretended to be members of the constabular", accused in order to perpetrate rape, used chocolates containing drugs5

#raft is present since the accused and his cohorts pretended to be bonafide passengers of the jeep in order not to arouse suspicion' when once inside the jeep, they robbed the driver and other passengers (People vs& 8ee, 4GJ )"!# :GG)

>rau# involves insidious words or machinations used to induce victim to act in a manner which would enable the offender to carr" out his design. as distinguished from craft which involves acts done in order not to arouse the suspicion of the victim, fraud involves a direct inducement through entrapping or beguiling language or machinations -isguise resorting to an" device to conceal identit". !urpose of concealing identit" is a must.

1ut the accused must be able to hide his identity during the initial stage, if not all through out, the commission of the crime and his identity must have been discovered only later on, to consider this aggravating circumstance. If despite the mask worn by the accused, or his putting of charcoal over his body, the offended party even before the initial stage knew him, he was not able to hide his identity and this circumstance cannot be appreciated.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


8istinction between *raft, Fraud, and 8isguise Craft >rau# -isguise (nvolves the use of intellectual (nvolves the use of direct (nvolves the use of tricker" and cunning to arouse inducement b" insidious devise to conceal suspicion of the victim words or machinations identit"

Re$uisite: The offender must have actually taken advantage of craft, fraud, or disguise to facilitate the commission of the crime.

The circumstance is characteri ed by the intellectual or mental approach, rather than the physical means to which criminal resorts to carry out his intention.

Inherent in+ estafa and falsification

2=. That (2) A-BA+TAG ( TAI + 0> '/P R)0R 'TR +GT1. or (7) & A+' ( &PL0H - T0 , AI + T1 - > +'
'o purposely use excessive force out of the proportion to the means of defense available to the person attac%ed& a. 3uperiorit" ma" arise from aggressorCs sex, weapon or number as compared to that of the victim 4e.g. accused attacked an unarmed girl with a knife1 3 men stabbed to death the female victim5. b. )o advantage of superior strength when one who attacks is overcome with passion and obfuscation or when 2uarrel arose unexpectedl" and the fatal blow was struck while victim and accused were struggling.
c.

0s. by a band * circumstance of abuse of superior strength, what is taken into account is not the number of aggressors nor the fact that the" are armed but their relative ph"sical might vis$O$vis the offended part"

#here must be evidence of notorious ine2ualit" of forces between the offender and the offended part" in their age, si+e and strength, and that the offender took advantage of such superior strength in committing the crime. The mere fact that there were two persons who attac#ed the victim does not per se constitute abuse of superior strength %4eople v. Carpio $%$ 1C*A $"'.

To appreciate abuse of superior strength, what should be considered is not that there were three, four or more assailants of the victim. !hat matters is whether the aggressors took advantage of their combined strength in order to consummate the crime. The fact known however that there were two persons who attacked the victim does not perse establish that the crime was committed with abuse of superior strength. To take advantage of superior strength means to purposely use excessive force out of proportion to the means available to the person attacked to defend himself. (People vs& "asingal, 4J5 )"!# 5?) @ad treachery or alevosia been proven, it would have absorbed abuse of superior strength. (People vs& Panganiban, 4J2 )"!# :2) Re$uisite of &eans to ,ea3en -efense a& Aeans were purposely sought to wea%en the defense of the victim to resist the assault b& 'he means used must not totally eliminate possible defense of the victim, otherwise it will fall under treachery

To wea2en the defense illustrated in the case where one struggling with another suddenl" throws a cloak over the head of his opponent and while in the said

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situation, he wounds or kills him. <ther means of weakening the defense would be intoxication or disabling thru the senses 4casting dirt of sand upon anotherCs e"es5

2A. That the act !e committe# with TR AC1 RH (alevosia)

TR AC1 RH: when the offender commits an" of the crime against the person, emplo"ing means, methods or forms in the execution thereof which tend directl" and speciall" to insure its execution without risk to himself arising from the defense which the offended part" might make. Re$uisites: a& that at the time of the attac%, the victim was not in the position to defend himself b& that the offender consciously adopted the particular means, method or form of attac% employed by him

The essence of treachery is that by virtue of the means, method or form employed by the offender, the offended party was not able to put up any defense. (f the offended part" was able to put up a defense, even onl" a token one, there is no treacher" an"more. (nstead some other aggravating circumstance ma" be present but not treacher" an"more.

Treachery can5t be considered when there is no evidence that the accused, prior to the moment of the #illing, resolved to commit to crime, or there is no proof that the death of the victim was the result of meditation, calculation or reflection. a. does not exist if the accused gave the deceased chance to prepare or there was warning given or that it was preceded b" a heated argument b. there is alwa"s treacher" in the killing of child c. generall" characteri+ed b" the deliberate and sudden and unexpected attack of the victim from behind, without an" warning and without giving the victim an opportunit" to defend himself

Treachery is out when the attac# was merely incidental or accidental because in the definition of treacher", the implication is that the offender had consciousl" and deliberatel" adopted the method, means and form used or emplo"ed b" him

6xamples* victim asleep, half$awake or &ust awakened, victim grappling or being held, attacks from behind $ut treachery may exist even if attac# is face=to=face given an" chance to prepare defense as long as victim was not

.here there is conspiracy, treacher" is considered against all the offenders Treachery absorbs abuse of strength, aid of armed men, b" a band and means to weaken the defense TR AC1 RH A(/' 0> '/P R)0R 'TR +GT1 <ffender does not emplo" means, methods or forms of attack, he onl" takes advantage of his superior strength & A+' &PL0H - T0 , AI + - > +' Means are emplo"ed but it onl" materiall" weakens the resisting power of the offended part"

Means, methods or forms are emplo"ed b" the offender to make it impossible or hard for the offended part" to put an" sort of resistance

(ntoxication is the means deliberatel" emplo"ed b" the offender to weaken the defense of the offended part". If this was the very means employed, the circumstance may be treachery and not abuse of superior strength or means to wea#en the defense.

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There must be evidenced on how the crime was committed. (t is not enough to show that the victim sustained treacherous wound. (t must be shown that the victim was totall" defenseless. 3uddenness of the attack does not b" itself constitute treacher" in the absence of evidence that the manner of the attack was consciousl" adopted b" the offender to render the offended part" defenseless %4eople v. Ilagan $%$ 1C*A )A&'.

$ven if the person killed is different from the intended victim, treachery must be considered against the offender because he is responsible either for the intended victim or the actual victim. 2or treachery to be appreciated however, the circumstance must be present at the inception of the attack and if absent, and the attack is continuous, treachery at a subse,uent stage is not to be considered. (People vs& 6scoto, 4JJ )"!# 5F4). @owever, if there is a break in the continuity of the aggression, it is not necessary that treachery be present in the beginning of the assault' it is sufficient that when the fatal blow was inflicted, there was treachery& ((&)& vs& *alagtas, 2: Phil& 29J)

2E. That the means !e emplo"e# or circumstances !rought a!out which a## )G+0&)+H to the natural effects of the acts

)G+0&)+H is a circumstance pertaining to the moral order, which adds disgrace and oblo2u" to the material in&ur" caused b" the crime pplicable to crimes against chastit" 4rape included5, less serious ph"sical in&uries, light or grave coercion and murder

Re$uisites: a& "rime must be against chastity, less serious physical injuries, light or grave coercion, and murder b& 'he circumstance made the crime more humiliating and shameful for the victim

0xamples6 accused embraced and kissed the offended part" not out of lust but out of anger in front of man" people, raped in front of the husband, raped successivel" b" five men tend to make the effects of the crime more humiliating (gnomin" not present where the victim was alread" dead when such acts were committed against his bod" or person

-istinction !etween ignomin" an# cruelt" Ignominy shocks the moral conscience of man while cruelty is ph"sical. Ignominy refers to the moral effect of a crime and it pertains to the moral order, whether or not the victim is dead or alive. *ruelty pertains to ph"sical suffering of the victim so the victim has to be alive . (n plain language, ignominy is adding insult to injury. %ruelt" and ignomin" are circumstances brought about which are not necessar" in the commission of the crime.

2F. That the crime !e committe# after an /+LA,>/L +TRH


:nlawful entry when an entrance is effected b" a wa" not intended for the purpose. Meant to effect entrance and )<# exit. .hy aggravating; <ne who acts, not respecting the walls erected b" men to guard their propert" and provide for their personal safet", shows greater perversit", a greater audacit" and hence the law punishes him with more severit"
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0xample6 -apist gains entrance thru the window Inherent in6 #respass to dwelling, and robber" with force upon things.

Anlawful entr" is inherent in the crime of robber" with force upon things but aggravating in the crime of robber" with violence against or intimidation of persons.

!here the escape was done through the window, the crime is not attended by this circumstance since there was no unlawful entry.

25. That as a means to the commission of the crime. A ,ALL. R00>. -00R 0R ,)+-0, ( (R0I +
Re$uisites: a& # wall, roof, window, or door was bro%en b& 'hey were bro%en to effect entrance Applicable onl" if such acts were done b" the offender to effect entrance.

The breaking of the parts of the house must be made as a means to commit the offense. 7o, if - entered the door of his neighbor after killing him, escaped by breaking the jalousies of the window or the door, this aggravating circumstance is absent. The basis of this aggravating circumstance refers to means and ways employed to commit the crime. It is not necessary that the offender should have entered the building because the phrase :as a means to the commission of the crime; does not re,uire entry to the building. It is also inherent in the crime of robbery with force upon things. B%#a8'*2 's a71! '* "$# 1o o7'*2 '*s"a*-#s6 a. an officer in order to make an arrest ma" break open a door or window of an" building in which the person to be arrested is or is reasonabl" believed to be1 b. an officer if refused admittance ma" break open an" door or window to execute the search warrant or liberate himself,

7G. That the crime !e committe# (2) with the A)- 0> P R'0+' /+- R 2= H AR' of age. or (7) !" & A+' 0> &0T0R B 1)CL '. airships or other similar means.

*eason for I$* to repress, so far as possible, the fre2uent practice resorted to b" professional criminals to avail themselves of minors taking advantage of their responsibilit" 4remember that minors are given lenienc" when the" commit a crime5

The minors here could be accessories, accomplices or principals who aided the accused in the commission of the crime. 0xample* Iuan instructed a 14$"ear old to climb up the fence and open the gate for him so that he ma" rob the house

*eason for I"* to counteract the great facilities found b" modern criminals in said means to commit crime and flee and abscond once the same is committed. Necessary that the motor vehicle be an important tool to the consummation of the crime %bic"cles not included5

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


0xample* Iuan and !edro, in committing theft, used a truck to haul the appliances from the mansion.
This circumstance is aggravating only when used in the commission of the offense. If motor vehicle is used only in the escape of the offender, motor vehicle is not aggravating. To be aggravating, it must have been used to facilitate the commission of the crime.

The motor vehicle must have been sought by the offender to facilitate the commission of the crime.

72. That the wrong #one in the commission of the crime !e #eli!eratel" augmente# !" causing other wrong not necessar" for its commission

CR/ LTH* when the culprit en&o"s and delights in making his victim suffer slowl" and graduall", causing him unnecessar" ph"sical pain in the consummation of the criminal act. %ruelt" cannot be presumed nor merel" inferred from the bod" of the deceased. 0as to be proven. a. mere pluralit" of words do not show cruelt" b. no cruelt" when the other wrong was done after the victim was dead

Re$uisites: a& causing other wrong

that the injury caused be deliberately increased by

b& that the other wrong be unnecessary for the execution of the purpose of the offender
For cruelty to exist as an aggravating circumstance, there must be evidence showing that the accused inflicted the alleged cruel wounds slowl" and graduall" and that he is delighted seeing the victim suffer in pain. (n the absence of evidence to this effect, there is no cruelt".

There is cruelty when the offender is deliberately and inhumanly augmented the suffering of the victim. The essence of cruelty is that the culprit finds delight in prolonging the suffering of the victim. )G+0&)+H Moral suffering sub&ected to humiliation CR/ LTH !h"sical suffering

0T1 R AGRABAT)+G C)RC/&'TA+C ': 0rgani9e# or s"n#icate# crime group


(n the same amendment to Article /2 of the -evised !enal %ode, paragraphs were added which provide that the maximum penalt" shall be imposed if the offense was committed b" an" person who belongs to an organi+ed or s"ndicated crime group. An organi+ed or s"ndicated crime group means a group of two or more persons collaborating, confederating or mutuall" helping one another for purposes of gain in the commission of a crime. 'ith this provision, the circumstance of an organi+ed or s"ndicated crime group having committed the crime has been added in the %ode as a special aggravating circumstance. #he circumstance being special or 2ualif"ing, it must be alleged in the information and proved during the trial. <therwise, if not alleged in the information, even though proven during the trial, the court cannot validl" consider the circumstances because it is not among those enumerated under Article 14 of the %ode as aggravating. (t is noteworth", however, that there is an organi+ed or s"ndicated group even when onl" two persons collaborated, confederated, or mutuall" helped one another in the commission of a crime, which acts are inherent in a conspirac". 'here therefore, conspirac" in the commission of the crime is alleged in the information, the allegation

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


ma" be considered as procedurall" sufficient to warrant receiving evidence on the matter during trial and conse2uentl", the said special aggravating circumstance can be appreciated if proven.

U*,#% "$# I*1 !#*-# o1 Da*2#%o!s D%!2s


7ec. &D of 1.". 1lg. &D= promulgated on <arch (, &=>( provides. :The provision of any law to the contrary notwithstanding, when a crime is committed by an offender who is under the influence of dangerous drugs, such state shall be considered as ,ualifying aggravating circumstance.;

Us# o1 U* '-#*s#, F'%#a%)


-lthough the circumstance that human life was destroyed with the use of an unlicensed firearm is not aggravating under -rt. &0, +"#, it may still be taken into consideration to increase the penalty because of the explicit provisions of the "residential Becree Go. &>33 as amended by +.-. >(=0. 7ection *&%, ) rd par. of said law says that if homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. 2urther, under 7ec. ) thereof, when a person commits any of the crimes defined in the +evised "enal #ode or special laws with the use of explosives like pill box, motolov cocktail bombs, firebombs or other incendiary devices which result in the death of a person, such use shall be considered as an aggravating circumstance.

Art 2=. #8'6!B#'I 6 "I!"(A)'#B"6)& 'heir concept. K Alternative circumstances are those which must !e ta3en into consi#eration as aggravating or mitigating accor#ing to the nature an# effects of the crime an# the other con#itions atten#ing its commission. The" are the relationship. into%ication an# the #egree of instruction an# e#ucation of the offen#er. The alternative circumstance of relationship shall !e ta3en into consi#eration when the offen#e# part" is the spouse. ascen#ant. #escen#ant. legitimate. natural. or a#opte# !rother or sister. or relative !" affinit" in the same #egrees of the offen#er. The into%ication of the offen#er shall !e ta3en into consi#eration as a mitigating circumstances when the offen#er has committe# a felon" in a state of into%ication. if the same is not ha!itual or su!se$uent to the plan to commit sai# felon" !ut when the into%ication is ha!itual or intentional. it shall !e consi#ere# as an aggravating circumstance.

Alternative Circumstances those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission.

:se only the term alternative circumstance for as long as the particular circumstance is not involved in any case or problem. The moment it is given in a problem, do not use alternative circumstance, refer to it as aggravating or mitigating depending on whether the same is considered as such or the other.

They are+

relationship 7 taken into consideration when offended part" is the spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, or relative b" affinit" in the same degree 42nd5of the offender
a.

The relationship of step-daughter and step father is included (Pp vs& 'an,49J )"!# J4>), 1ut not of uncle and niece. (People vs& "abresos, 4JJ )"!# 594)

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA intoxication 7 mitigating when the offender has committed a felon" in the state of intoxication, if the same is not habitual or subse2uent to the plan to commit the said felon". Aggravating if habitual or intentional
b.

c. and education of the offender

degree

of

instruction

0xcept for the circumstance of intoxication, the other circumstances in rticle &F may not be ta#en into account at all when the circumstance has no bearing on the crime committed. 3o the court will not consider this as aggravating or mitigating simpl" because the circumstance has no relevance to the crime that was committed. It is only the circumstance of intoxication which if not mitigating, is automatically aggravating. =ut the other circumstances, even if the" are present, but if the" do not influence the crime, the court will not consider it at all. 1elationship ma" not be considered at all, especiall" if it is not inherent in the commission of the crime. 8egree of instruction also will not be considered if the crime is something which does not re2uire an educated person to understand.

R LAT)0+'1)P AI'I7#'IB7 "I!"(A)'#B"6 #77!# #'IB7 "I!"(A)'#B"6


In crimes against property 4robber", usurpation, fraudulent insolvenc", arson5 In crimes against persons in cases where the offender, or when the offender and the offended part" are relatives of the same level, as killing a brother, adopted brother or half$ brother. lways aggravating in crimes against chastity. 6xception- Art &&" of CC no criminal liabilit", civil liabilit" onl" for the crimes of theft, swindling or malicious mischief committed or caused mutuall" b" spouses, ascendants, descendants or relatives b" affinit" 4also brothers, sisters, brothers$in$law or sisters$in$ law if living together5. It becomes an 0G0+"TIN7 circumstance. 415 (n the case of an accessor" who is related to the principal within the relationship prescribed in Article 2;1 Also in Article 24., a spouse does not incur criminal liabilit" for a crime of less serious ph"sical in&uries or serious ph"sical in&uries if this was inflicted after having surprised the offended spouse or paramour or mistress committing actual sexual intercourse. ,ometimes, relationship is a (ualifying and not only a generic aggravating circumstance. (n the crime of 2ualified seduction, the offended woman must be a virgin and less than 1B "rs old. =ut if the offender is a brother of the offended woman or an ascendant of the offended woman, regardless of whether the woman is of bad reputation, even if the woman is /; "ears old or more, crime is 2ualified seduction. (n such a case, relationship is 2ualif"ing.

425

-elationship neither mitigating nor aggravating when relationship is an element of the offense. 0xample* parricide, adulter", concubinage.

)+T0*)CAT)0+ AI'I7#'IB7 "I!"(A)'#B"6 #77!# #'IB7 "I!"(A)'#B"6 a5 if intoxication is not habitual a5 if intoxication is habitual such habit must be actual and confirmed b5 if intoxication is not subse2uent to the b5 if its intentional 4subse2uent to the plan plan to commit a felon" to commit a felon"5
This circumstance is ipso facto mitigating, so that if the prosecution wants to den" the offender the benefit of this mitigation, the" should prove that it is habitual and that it is intentional . The

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


moment it is shown to be habitual or intentional to the commission of the crime , the same will immediatel" aggravate, regardless of the crime committed.

Must show that he has taken such 2uantit" so as to blur his reason and deprive him of a certain degree of control

I*"o9'-a"'o* means that the offender9s mental faculties are affected by drunkenness. It is not the ,uantity of alcohol taken by the offender that determines drunkenness. It is the effect of the alcohol taken by him that matters. If the alcohol taken by him blurs his reason and deprives him of selfcontrol, then he is intoxicated.
Intoxication to be considered mitigating, re(uires that the offender has reached that degree of intoxication where he has no control of himself anymore. #he idea is the offender, because of the intoxication is alread" acting under diminished self control. It is not the (uantity of alcoholic drin#. 1ather it is the effect of the alcohol upon the offender which shall be the basis of the mitigating circumstance. The conduct of the offender, the manner of committing the crime, his behavior after committing the crime must show the behavior of a man who has already lost control of himself. <therwise intoxication cannot legall" be considered.

A habitual drunkard is given to inebriet" or the excessive use of intoxicating drinks. 0abitual drunkenness must be shown to be an actual and confirmed habit of the offender, but not necessaril" of dail" occurrence.

- GR 0> )+'TR/CT)0+ A+- -/CAT)0+ AI'I7#'IB7 "I!"(A)'#B"6 #77!# #'IB7 "I!"(A)'#B"6 9ow degree of instruction J education or High degree of instruction and education the lac# of it. =ecause he does not full" offender avails himself of his learning in
reali+e the conse2uences of his criminal act. )ot &ust mere illiterac" but lack of intelligence. committing the offense.

In appreciating these circumstances, the court considers not only literally but also lack of intelligence of the offender. I '"#%a-& refers to the ability of the individual to read and write and the ability to comprehend and discern the meaning of what he has read. In order to be mitigating% there must be the concurrence or combination of illiteracy and lac* of intelligence on the part of the offender. The nature of the crime committed must be considered in making such a conclusion.
The fact that the offender did not have schooling and is illiterate does not mitigate his liability if the crime committed is one which he inherently understands as wrong such as parricide.

Exceptions ,not mitigating-+ a. crimes against propert" b. crimes against chastit" 4rape included5 c. crime of treason

Art 2A. $ho are criminally liable. K The following are criminall" lia!le for grave an# less grave felonies: 2. Principals. 7. Accomplices. 6. Accessories. The following are criminall" lia!le for light felonies: 2. Principals 7. Accomplices.

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This classification is true only under the 1evised "enal *ode and is not used under special laws, because the penalties under the latter are never graduated. 9o not use the term principal when the crime committed is a violation of special law. <nl" use the term Goffender.H lso only classify offenders when more than one too# part in the commission of the crime to determine the proper penalty to be imposed. 3o, if onl" one person committed a crime, do not use principal. Ase the Goffender,H Gculprit,H or the Gaccused.H .hen a problem is encountered where there are several participants in the crime, the first thing to find out is if there is a conspiracy. (f there is, as a general rule, the criminal liabilit" of all will be the same, because the act of one is the act of all. However, if the participation of one is so insignificant, such that even without his cooperation, the crime would be committed just as well, then notwithstanding the existence of a conspirac", such offender will be regarded onl" as an accomplice. s to the liability of the participants in a felony, the %ode takes into consideration whether the felon" committed is grave, less grave, or light. .hen the felony is grave, or less grave, all participants are criminall" liable. $ut where the felony is only light only the principal and the accomplice are liable. #he accessor" is not. $ut even the principal and the accomplice will not be liable if the felon" committed is onl" light and the same is not consummated unless such felon" is against persons or propert"

Accessories 7 not liable for light felonies because the individual pre&udice is so small that penal sanction is not necessar" >nly natural persons can be criminals as onl" the" can act with malice or negligence and can be subse2uentl" deprived of libert". 4uridical persons are liable under special laws. +anager of a partnership is liable even if there is no evidence of his direct participation in the crime. *orporations ma" be the in&ured part" 7eneral 1ule6 %orpses and animals have no rights that ma" be in&ured. 0xception6 defamation of the dead is punishable when it blackens the memor" of one who is dead.

Art 2E. Principals& K The following are consi#ere# principals: 2. Those who ta3e a #irect part in the e%ecution of the act; 7.
3.

Those who #irectl" force or in#uce others to commit it;

Those who cooperate in the commission of the offense !" another act without which it woul# not have !een accomplishe#. PR)+C)PAL' (H -)R CT PART)C)PAT)0+
The principal by direct participation must be at the scene of the crime, personally taking part in the execution of the same. *e.uisites for " or more to be principals by direct participation+ a. participated in the criminal resolution 4conspirac"5 b. carried out their plan and personall" took part in its execution b" acts which directl" tended to the same end

Conspirac" (s unit" of purpose and intention.

To be a party to a conspiracy, one must have the intention to participate in the transaction with a view to further the common design and purpose. <ere knowledge, ac,uiescence, or approval of the act is not

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


enough. !hen there is no conspiracy in the commission of the crime, each of the offenders is liable only by the acts performed by him. Establishment of Conspiracy a. proven b" overt act b. c. d. )ot mere knowledge or approval (t is not necessar" that there be formal agreement. Must prove be"ond reasonable doubt

e. %onspirac" is implied when the accused had a common purpose and were united in execution. :nity of purpose and intention in the commission of the crime may be shown in the following cases* 1. 3pontaneous agreement at the moment of the commission of the crime 2. Active %ooperation b" all the offenders in the perpetration of the crime 3. %ontributing b" positive acts to the reali+ation of a common criminal intent 4. !resence during the commission of the crime b" a band and lending moral support thereto.
f.

g. 'hile conspirac" ma" be implied from the circumstances attending the commission of the crime, it is nevertheless a rule that conspirac" must be established b" positive and conclusive evidence. !here the accused conspired with this three *)% co-accused to kill the two *(% victims and the role assigned to him was to kill one of the victims which he did, he is a principal by direct participation in the two *(% murders. %onspirator not liable for the crimes of the other which is not the ob&ect of the conspirac" or is not a logical or necessar" conse2uence thereof

- co-conspirator who committed an act substantially different from the crime conspired upon is solely liable for the crime committed by him. The other members of the conspiracy will not be liable for the crime. (Pp vs& +ela "erna, 8L4G:22, ;ct& 4G, 2:?:) - conspirator is liable for another crime which is the necessary and logical conse,uence of the conspiracy. - person in conspiracy with others, who had desisted before the crime was committed by the others, is not criminally liable. (Pp vs& +almacio 'imbol, 7& !& Bos& 8LJ?J?2LJ?J?5, #ug& J, 2:JJ) !hen there is a conspiracy in the commission of the crime, it is not necessary to ascertain the specific act of each conspirator. (Pp vs& .ernande,, 7& !& Bo& 94229, Aarch 44, 2::G, 2F5 )"!#)

Aultiple rape each rapist is liable for anotherCs crime because each cooperated in the commission of the rapes perpetrated b" the others %ception: in the crime of murder with treachery all the offenders must at least know that there will be treacher" in executing the crime or cooperate therein. 0xample6 Iuan and !edro conspired to kill #omas without the previous plan of treacher". (n the crime scene, Iuan used treacher" in the presence of !edro and !edro knew such. =oth are liable for murder. =ut if !edro sta"ed b" the gate while Iuan alone killed #omas with treacher", so that !edro didnCt know how it was carried out, Iuan is liable for murder while !edro for homicide.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


No such thing as conspiracy to commit an offense through negligence. 0owever, special laws ma" make one a co$principal. 0xample6 :nder the "ure Food and 8rug ct, a storeowner is liable for the act of his emplo"ees of selling adulterated coffee, although he didnCt know that coffee was being sold. %onspirac" is negatived b" the ac2uittal of co$defendant. 'hat the culprits 1carried out the plan and personally too% part in the execution, by acts which directly tended to the same end0a. #he principals b" participation must be at the scene of the crime, personall" taking part, b. <ne serving pursuant to the conspirac" is a principal direct participation. as direct guard

If the second element is missing, those who did not participate in the commission of the acts of execution cannot be held criminall" liable, unless the crime agreed to be committed is treason, sedition, or rebellion.

PR)+C)PAL' (H )+-/CT)0+ ()+-/C & +T)


1'hose who directly force or induce others to commit it0 a. "rincipal by induction liable only when principal by direct participation committed the act induced Two ways of becoming a principal by inducement. The first one is by directly forcing another to commit the crime and the second is by directly inducing another to commit the crime. /nder -rt. &(, there are two ways of forcing another to commit a crime: by using irresistible force and by using uncontrollable fear. In these cases, conspiracy is not considered because only one person is criminally liable 5 the person who directly forces another to commit a crime. The one forced to perform the act or the material executor is not criminally liable as he is exempt from criminal liability according to -rt. &(. !. *e.uisites+ 2& inducement be made directly with the intention of procuring the commission of the crime 4& such inducement be the determining cause of the commission of the crime by the material executor $ven if the inducement be directly made, with the inducer insistent and determined to procure the commission of the crime, he still cannot be classified as principal by induction if the inducement is not the determining cause for committing the crime. Thus, if the actor has reason of his own to commit the offense, there can be no principal by induction. d. 9orms of Inducements 1. =" !rice, reward or promise 1. =" irresistible force or uncontrollable fear Imprudent advice does not constitute sufficient inducement

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


<ere suggestions, or a thoughtless expression or a chance word spoken without any intention or expectation that it would produce the result cannot hold the utterer liable as principal by inducement.
Concept of the inducement / one strong enough that the person induced could hardly resist. This is tantamount to an irresistible force compelling the person induced to carry out the execution of the crime. (ll advised language is not enough unless he who made such remark or advice is a co$conspirator in the crime committed.

It is necessary that the inducement be the determining cause of the commission of the crime by the principal by direct participation, that is, without such inducement, the crime would no have been committed. If the principal by direct participation has personal reasons to commit just the same even if no inducement was made on him by another, there can be no principal by inducement. c. *e.uisites for words of command to be considered inducement+ 2& "ommander has the intention of procuring the commission of the crime 4& "ommander has ascendancy or influence 5& $ords used be so direct, so efficacious, so powerful J& "ommand be uttered prior to the commission >& 6xecutor had no personal reason It is also important to note that the words of inducement must be made prior to the commission of the crime. If uttered while the crime was being committed or after the crime was committed, inducement would no longer be a matter of concern. (Pp vs& "astillo, 7& !& Bo& 8L2:45FF, <uly 49, 2:99) It is necessary that one uttering the words of command must have the intention of procuring commission of the crime and must have ascendancy or influence over the person acting. 7uch words used must be direct, so efficacious and so powerful as to amount to physical or moral coercion, that the words of command must be uttered prior to the commission of the crime and that the material executor of the crime must have no personal reason of his own to commit the crime. (Pp vs& #gapinoy, 7& !& ????9, <une 4?, 2::G) d. 'ords uttered in the heat of anger and in the nature of the command that had to be obe"ed do not make one an inductor. )+-/CT0R (nduce others >iable onl" when the executed %overs an" crime PR0P0' ' T0 C0&&)T A > L0+H 3ame is !unishable at once when proposes to commit rebellion or treason. #he person to whom one proposed should not commit the crime, otherwise the latter becomes an inductor %overs onl" treason and rebellion

crime

6ffects of #cquittal of Principal by direct participation on liability of principal by inducement a. %onspirac" is negated b" the ac2uittal of the co$defendant.
b. >ne can not be held guilty of instigating the commission of the crime without first

showing that the crime has been actually committed by another. =ut if the one charged as principal b" direct participation be ac2uitted because he acted without criminal intent or malice, it is not a ground for the ac2uittal of the principal b" inducement.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA PR)+C)PAL' (H )+-)'P +'A(L C00P RAT)0+
a. 1'hose who cooperate in the commission of the offense by another act without which it would not have been accomplished0 /rincipals by Indispensable Cooperation are those who cooperate in the commission of the offense by another act without which it would not have been accomplished. 8ike in the case of "rincipal by Inducement, it presupposes the existence of the principal by direct participation otherwise with whom shall he cooperate with indispensablyA !. *e.uisites+ 2& Participation in the criminal resolution 4& "ooperation through another act (includes negligence) The offender in this case must have knowledge of the criminal designs of the principal by direct participation. Thereafter, he cooperates in the commission of the offense by an act without which the crime would not have been committed.

There is collective criminal responsibility when the offenders are criminall" liable in the same manner and to the same extent. #he penalt" is the same for all. There is individual criminal responsibility when there is no conspirac".

The re,uisites for one to come under the ambit of paragraph ) re,uires the participation of the offender in the criminal resolution. The participation must be before the commission of the crime charged. @e should cooperate in the commission of the offense by performing another act by without which the offense would not have been committed. The act of the principal by indispensable cooperation should not be the act that constitutes the execution of the crime. It must be by another act. Principal !" in#ispensa!le cooperation #istinguishe# from an accomplice
#he point is not &ust on participation but on the importance of participation in committing the crime. #he basis is the importance of the cooperation to the consummation of the crime . If the crime could hardly be committed without such cooperation, then such cooperation would bring about a principal. =ut if the cooperation merel" facilitated or hastened the consummation of the crime, this would make the cooperator merel" an accomplice.

!here both accused conspired and confederated to commit rape, and one had sex with the offended party while the other was holding her hands, and thereafter the latter was the one who raped the victim, both are principals by direct participation and by indispensable cooperation in the two *(% crimes of rape committed. (People vs& .ernande,, 2F5 )"!# >22) !here -, a municipal treasurer, conspired with 1 for the latter to present a false receipt and which receipt was the basis of the reimbursement approved by -, and both thereafter shared the proceeds, - is the principal by direct participation and 1 by indispensable cooperation in the crime of <alversation.

Art. 2F. #ccomplices. K Accomplices are those persons who. not !eing inclu#e# in Art. 2E. cooperate in the e%ecution of the offense !" previous or simultaneous acts.
Re$uisites:

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


a& there be a community of design (principal originates the design, accomplice only concurs) b& he cooperates in the execution by previous or simultaneous acts, intending to give material and moral aid (cooperation must be %nowingly done, it must also be necessary and not indispensable c& 'here be a relation between the acts of the principal and the alleged accomplice

0xamples6 a5 Iuan was choking !edro. #hen #omas ran up and hit !edro with a bamboo stick. Iuan continued to choke !edro until he was dead. #omas is onl" an accomplice because the fatal blow came from Iuan. b5 >ending a dagger to a killer, knowing the latterCs purpose. An accomplice has knowledge of the criminal design of the principal and all he does is concur with his purpose.

The accomplice does not conspire with the principal although he cooperated in the execution of the criminal act.

#here must be a relation between the acts done b" the principal and those attributed to the person charged as an accomplice In homicide or murder, the accomplice must not have inflicted the mortal wound.

Art. 25. #ccessories. K Accessories are those who. having 3nowle#ge of the commission of the crime. an# without having participate# therein. either as principals or accomplices. ta3e part su!se$uent to its commission in an" of the following manners: 2. (" profiting themselves or assisting the offen#er to profit !" the effects of the crime. 7. (" concealing or #estro"ing the !o#" of the crime. or the effects or instruments thereof. in or#er to prevent its #iscover". 6. (" har!oring. concealing. or assisting in the escape of the principals of the crime. provi#e# the accessor" acts with a!use of his pu!lic functions or whenever the author of the crime is guilt" of treason. parrici#e. mur#er. or an attempt to ta3e the life of the Chief %ecutive. or is 3nown to !e ha!ituall" guilt" of some other crime.
To be an accessory to a crime, one must learn or must have knowledge of the same after its commission. The crime must have been consummated. @is participation must take place subse,uent to such knowledge and in the manner provided under -rticle 0=. -ll the above-mentioned acts are performed by the accessory after the commission of the crime. -n accessory neither participates in the criminal design nor cooperates in the commission of the crime. That is the reason why he is sometimes called an a--#sso%& a1"#% "$# 1a-". The crime committed must either be a less grave or grave felony because if it is only a light felony, no criminal liability is incurred by the accessory because of -rticle D.

Example of 4ar $+ person received and used propert" from another, knowing it was stolen

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


One can be an accessory not only by profiting from the effects of the crime but also by assisting the offender to profit from the effects of the crime. The accessory however should not take the property without the consent of the principal or accomplice in possession of the same, otherwise he is a principal in the crime of theft since a stolen property can also be subject of theft or robbery.

Example of 4ar "+ placing a weapon in the hand of the dead who was unlawfull" killed to plant evidence, or bur"ing the deceased who was killed b" the principals

3estroying the corpus delicti The body of the crime however does not only mean the body of the person killed. This phrase refers to #O+""/7 B$8I#TI 5 that is, the body or the substance of the offense (People vs& *antagan, >J Phil& FJ2)& #orpus delicti means the fact that a crime has actually been committed& (People vs& Aadlangbayan, :J )"!# 9F>)
.hen the crime is robbery or theft, with respect to the second involvement of an accessor", do not overlook the purpose which must be to prevent discover" of the crime. The corpus delicti is not the body of the person who is #illed, even if the corpse is not recovered, as long as that killing is established be"ond reasonable doubt, criminal liabilit" will arise and if there is someone who destro"s the corpus delicti to prevent discover", he becomes an accessor".

!hile the body of the victim is a part of the term corpus delicti by itself. The body of the crime may refer to the instrument used in the commission of the crime such as knife, poison, gun or any material evidence relevant to prove or establish he commission of the crime. E9a)0 #6 !here the wife misled the authorities informing them that the person who killed her husband was a thief who has fled, when in truth, the killer was her paramour, the wife is liable as an accessory for concealing the body of the crime.

Example of 4ar &+ a) public officers who harbor, conceal or assist in the escape of the principal of an" crime 4not light felon"5 with abuse of his public functions, !) private persons who harbor, conceal or assist in the escape of the author of the crime guilt" of treason, parricide, murder or an attempt against the life of the !resident, or who is known to be habituall" guilt" of some crime.

5arboring or concealing an offender In the case of a public officer, the crime committed by the principal is immaterial. 3uch officer becomes an accessor" b" the mere fact that he helped the principal to escape b" harboring or concealing, making use of his public function and thus abusing the same. >n the other hand, in case of a civilian, the mere fact that he harbored concealed or assisted the principal to escape does not ipso facto make him an accessor". The law re(uires that the principal must have committed the crime of treason parricide murder or attempt on the life of the Chief Executive. (f this is not the crime, the civilian does not become an accessor" unless the principal is known to be habituall" guilt" of some other crime. 0ven if the crime committed by the principal is treason, or murder or parricide or attempt on the life of the *hief 0xecutive, the accessory cannot be held criminally liable without the principal being found guilty of any such crime. >therwise the effect would be that the accessory merely harbored or assisted in the escape of an innocent man, if the principal is ac(uitted of the charges. Illustration6 *rime committed is #idnapping for ransom. "rincipal was being chased by soldiers. His aunt hid him in the ceiling of her house and aunt denied to soldiers that her nephew had ever gone there.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


.hen the soldiers left, the aunt even gave money to her nephew to go to the province. Is aunt criminally liable@ )o. Article 2; does not include an auntie. 0owever, this is not the reason. #he reason is because one who is not a public officer and who assists an offender to escape or otherwise harbors, or conceals such offender, the crime committed b" the principal must be either treason, parricide murder or attempt on the life of the %hief executive or the principal is known to be habituall" guilt" of some other crime. The crime committed by the principal is determinative of the liability of the accessory who harbors, conceals #nowing that the crime is committed. (f the person is a public officer, the nature of the crime is immaterial. 'hat is material is that he used his public function in assisting escape. 0owever, although under paragraph 3 of Article 1: when it comes to a civilian, the law specifies the crimes that should be committed, "et there is a special law which punishes the same act and it does not specif" a particular crime. 4residential 3ecree /o. $#"%, which penali!es obstruction of apprehension and prosecution of criminal offenders, effective 4anuary &H, &A@&, punishes acts commonly referred to as <obstructions of 6ustice=. #his 9ecree penali+es under 'ection 2(c) thereof, the act, inter alia, of 2%c' Harboring or concealing, or facilitating the escape of any person he #nows or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest, prosecution and conviction.3 0ere, there is no specification of the crime to be committed by the offender for criminal liability to be incurred for harboring, concealing, or facilitating the escape of the offender, and the offender need not be the principal / unli#e paragraph D, rticle &A of the *ode . #he sub&ect acts ma" not bring about criminal liabilit" under the %ode, but under this decree. 3uch an offender if violating !residential 9ecree )o. 1B2: is no longer an accessor". 0e is simpl" an offender without regard to the crime committed b" the person assisted to escape. 3o in the problem, the standard of the -evised !enal %ode, aunt is not criminall" liable because crime is kidnapping, but under !residential 9ecree )o. 1B2:, the aunt is criminall" liable but not as an accessor".

The term :or is 8*o7* "o b# $ab'"!a & 2!' "& o1 so)# o"$#% -%')#s; must be understood in ordinary concept. @abituality in law means three times or more. It can refer to any crime wherein the accused was convicted for three times and such fact is known to the private individual who assisted the principal in his escape.

General *ule+ !rincipal ac2uitted, Accessor" also ac2uitted Exception+ when the crime was in fact committed but the principal is covered b" exempting circumstances. 0xample6 Minor stole a ring and Iuan, knowing it was stolen, bought it. Minor is exempt. Iuan liable as accessor"

Trial of accessory may proceed without awaiting the result of the separate charge against the principal because the criminal responsibilities are distinct from each other

6ven if the principal is convicted, if the evidence presented against a supposed accomplice or a supposed accessor" does not meet the re2uired proof be"ond reasonable doubt, then said accused will be ac2uitted. ,o the criminal liability of an accomplice or accessory does not depend on the criminal liability of the principal but depends on the (uantum of evidence. =ut if the evidence shows that the act done does not constitute a crime and the principal is ac2uitted, then the supposed accomplice and accessor" should also be ac2uitted. (f there is no crime, then there is no criminal liabilit", whether principal, accomplice, or accessor".

?iability of the accessory the responsibilit" of the accessor" is subordinate to that of a principal in a crime because the accessor"Cs participation therein is subse2uent to its commission, and his guilt is directl" related to the principal. If the principal was ac(uitted by an exempting circumstance the accessory may still be held liable.

$ut not "residential 8ecree No. &@)A. #his special law does not re2uire that there be prior conviction. (t is a malum prohibitum, no need for guilt, or knowledge of the crime. T7o s'"!a"'o*s 7$#%# a--#sso%'#s a%# *o" -%')'*a & 'ab #6 %&' .hen the felony committed is a light felony-

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


%)' .hen the accessory is related to the principal as spouse, or descendant or as brother or sister whether legitimate, natural or accessory is a relative by affinity within the same degree, unless profited from the effects or proceeds of the crime or assisted therefrom. as an ascendant, or adopted or where the the accessory himself the offender to profit

3ifference of accessory from principal and accomplice+ a. Accessor" does not take direct part or cooperate in, or induce the commission of the crime b. Accessor" does not cooperate in the commission of the offense b" acts either prior thereto or simultaneous therewith c. !articipation of the accessor" in all cases alwa"s takes place after the commission of the crime d. #akes part in the crime through his knowledge of the commission of the offense.

>ne cannot be an accessory unless he #new of the commission of the crime. >ne must not have participated in the commission of the crime. The accessory comes into the picture when the crime is already consummated. nyone who participated before the consummation of the crime is either a principal or an accomplice. He cannot be an accessory. Accessory as a fence where the crime committed b" the principal was robber" or theft, such participation of an accessor" brings about criminal liabilit" under Presidential +ecree Bo& 2924 (#ntiL.encing 8aw). <ne who knowingl" profits or assists the principal to profit b" the effects of robber" or theft is not &ust an accessor" to the crime, but principall" liable for fencing under !residential 9ecree )o. 1/12. An" person who, with intent to gain, ac2uires and?or sell, possesses, keeps or in an" manner deals with an" article of value which he knows or should be known to him to be the proceeds of robber" or theft is considered a GfenceH and incurs criminal liabilit" for GfencingH under said decree. The penalty is higher than that of a mere accessory to the crime of robbery or theft. >ikewise, the participation of one who conceals the effects of robber" or theft gives rise to criminal liabilit" for GfencingH, not simpl" of an accessor" under paragraph 2 of Article 1: of the %ode. +ere possession of any article of value which has been the subject of robbery or theft brings about the prima facie presumption of 2fencing3. (n both laws, !residential 9ecree )o. 1/12 and the -evised !enal %ode , the same act is the basis of liability and you cannot punish a person twice for the same act as that would go against double jeopardy.

The crimes of robbery and fencing are clearly two distinct offenses. The law on fencing does not re,uire the accused to have participated in the criminal design to commit, or to have been in any wise involved in the commission of the crime or robbery or theft made to depend on an act of fencing in order that it can be consummated. True, the object property in fencing must have been previously taken by means of either robbery or theft but the place where the robbery or theft occurs is inconse,uential.
Ac.uiring the effects of piracy or brigandage #he act of knowingl" ac2uiring or receiving propert" which is the effect or the proceeds of a crime generall" brings about criminal liabilit" of an accessor" under Article 1:, paragraph 1 of the -evised !enal %ode. $ut if the crime was piracy of brigandage under 4residential 3ecree /o. 8&& ,Anti-piracy and Anti-5ighway *obbery ?aw of $%JA-, said act constitutes the crime of abetting piracy or abetting brigandage as the case may be, although the penalty is that for an accomplice, not just an accessory, to the piracy or brigandage. To this end, 1ection A of 4residential 3ecree /o. 8&" provides that any person who #nowingly and in any mannerK ac(uires or receives property ta#en by such pirates or brigands or in any manner derives benefit therefromK shall be considered as an accomplice of the principal offenders and be punished in accordance with the 1ules prescribed by the 1evised "enal *ode.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

Art. 7G. #ccessories who are exempt from criminal liability. K The penalties prescri!e# for accessories shall not !e impose# upon those who are such with respect to their spouses. ascen#ants. #escen#ants. legitimate. natural. an# a#opte# !rothers an# sisters. or relatives !" affinit" within the same #egrees. with the single e%ception of accessories falling within the provisions of paragraph 2 of the ne%t prece#ing article.

Basis+ #ies of blood and the preservation of the cleanliness of oneCs name which compels one to conceal crimes committed b" relatives so near as those mentioned. )ephew and )iece not included ccessory not exempt when helped a relative$principal b" profiting from the effects of the crime, or assisted the offender to profit from the effects of the crime. <nl" accessories covered b" par 2 and 3 are exempted. !ublic officer who helped his guilt" brother escape does not incur criminal liabilit" as ties of blood constitutes a more powerful incentive than the call of dut".

P +ALT) '

4E/A?TC 7 suffering inflicted b" the 3tate for the transgression of a law. &i(e +,- theo!ies that 'ustify the im$osition of $enalty%
a. P%#(#*"'o* 5 The 7tate must punish the criminal to prevent or

suppress the danger to the 7tate arising from the criminal acts of the offender'
b. S# 1:,#1#*s# 5 The 7tate has the right to punish the criminal as a

measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal'
c.

R#1o%)a"'o* 5 The object of punishment in criminal cases is to correct and reform the offender' deter others from committing crimes'

d. E9#)0 a%'"& 5 The criminal is punished to serve as an example to

e. +!s"'-# 5 That crime must be punished by the 7tate as an act

retributive justice, a vindication of absolute right and moral as violated by the criminal. Im$osition of a $enalty has a th!ee.fold $u!$ose%
a. R#"%'b!"'o* o% #90'a"'o* 5 The penalty is commensurate with the

gravity of the offense.


b. Co%%#-"'o* o% %#1o%)a"'o* rules which regulate the execution of

penalties consisting of deprivation of liberty


c.

So-'a ,#1#*s# 5 as manifested by the inflexibilities and severity in the imposition of the penalty to recidivists and habitual delin,uents.

(uridical Conditions of 4enalty a. +ust be productive of suffering limited b" the integrit" of human personalit" b. +ust be proportionate to the crime

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


c. +ust be personal imposed onl" upon the criminal d. +ust be legal according to a &udgment of fact and law e. +ust be e(ual applies to ever"one regardless of the circumstance f. +ust be correctional to rehabilitate the offender

Art. 72. Penalties that may be imposed. K +o felon" shall !e punisha!le !" an" penalt" not prescri!e# !" law prior to its commission.

Euarantees that no act of a citi+en will be considered criminal unless the 3tate has made it so b" law and provided a penalt" Except+ 'hen the penalt" is favorable to the criminal 1y reason of -rt. (&, an act or omission cannot be punished by the 7tate if at the time it was committed there was no law prohibiting it. The rule is that a man cannot be expected to obey an order that was not made known to him.

Art. 77. !etroactive effect of penal laws. K Penal Laws shall have a retroactive effect insofar as the" favor the persons guilt" of a felon". who is not a ha!itual criminal. as this term is #efine# in Rule = of Article A7 of this Co#e. although at the time of the pu!lication of such laws a final sentence has !een pronounce# an# the convict is serving the same.

General *ule+ %riminal laws are given prospective effects Exception+ Eive retroactive effect when favorable to the accused4not a habitual deling2uent5. 6x. 3pecial law made the penalt" less severe but must refer to the same deed or omission penali+ed b" the former statute )ew law ma" provide that its provisions not be applied to cases alread" filed in court at the time of the approval of such law. The favorable retroactive effect of a new law may find the defendant in one of the D situations a. crime has been committed and the prosecution begins b. sentence has been passed but service has not begun c. sentence is being carried out. 5abitual criminal 4person who within the pd of 1; "ears from date of release or last conviction of the crimes of serious or less serious ph"sical in&uries, robber", theft, estafa or falsification, he is found guilt" of an" said crimes a third time or oftener5 is N>T entitled to the benefit of the provisions of the new favorable law. *ivil liabilities not covered by rt )) because rights of offended persons are not within the gift of arbitrar" disposal of the 3tate. $ut new law increasing civil liability cannot be given retroactive effect. -etroactivit" applicable also to special laws #he right to punish offenses committed under an old penal law is not extinguished if the offenses are still punished in the repealing penal law. 0owever, if b" re$ enactment of the provisions of the former law, the repeal is b" implication and there is a saving clause, criminal liabilit" under the repealed law subsists. No retroactive effect of penal laws as regards jurisdiction of the court. Iurisdiction of the court is determined b" the law in force at the time of the institution of the action, not at the time of the commission of the crime.

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Iurisdiction of courts in criminal cases is determined b" the allegations of the complaint or information, and not b" the findings the court ma" make after trial. Khen a law is ex post facto a Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act. b Aggravates the crime or makes it greater than it was when committed.

c %hanges the punishment and inflicts a greater punishment than the law annexed to the crime when committed. d Alters the legal rules of evidence and authori+es conviction upon less or different testimon" than the law re2uired at the time of the commission of the crime. e Assuming to regulate civil rights and remedies onl", in effect imposes penalt" or deprivation of a right for something which when done was lawful. f 9eprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a former conviction or ac2uittal or a proclamation of amnest". Bill of Attainder 7 a legislative act which inflicts punishment without trial. (ts essence is the substitution of a legislative for a &udicial determination of guilt.

Art. 76. 6ffect of pardon by the offended party. K A par#on of the offen#e# part" #oes not e%tinguish criminal action e%cept as provi#e# in Article 6<< of this Co#e; !ut civil lia!ilit" with regar# to the interest of the in:ure# part" is e%tinguishe# !" his e%press waiver.

0ven if injured party already pardoned the offender fiscal can still prosecute. )ot even considered a ground for dismissal of the information. 6xception- Art &AA $ crimes of seduction, abduction, rape or acts of lasciviousness pardon must be expressed. - pardon given by the offended party does not extinguish criminal action because such pardon by the offended party is not a ground for dismissal of the complaint or information. - crime committed is an offense against the 7tate. In criminal cases, the intervention of the aggrieved parties is limited to being witnesses for the prosecution, the offended party being the +epublic of the "hilippines.

<nl" %hief 6xecutive can pardon the offenders *an5t compromise criminal liability, only civil liability but it still shall not extinguish the public action for the imposition of the legal penalt". -rt. (4)0 of the Gew #ivil #ode provides. :there may be a compromise upon the civil liability arising from an offense' but such compromise shall not extinguish the public action for the imposition of the legal penalty.; - contract stipulating for the renunciation of the right to prosecute an offense or waiving the criminal liability is void.

<ffended part" in the crimes of adulter" and concubinage canCt institute criminal prosecution if he shall have consented or pardoned the offenders. "ardon in adultery and concubinage may be implied learning of the offense. Must pardon both offenders. continued inaction after

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

The pardon afforded the offenders must come $0F>10 the institution of the criminal proceedings. %omplaint for an" of the above$mentioned crimes in Art 344 will still be prosecuted b" the court on the ground that the pardon 4basis for the motion to dismiss5 was given after the filing of the complaint. #he onl" act that extinguishes the penal action, after the institution of criminal action, is the marriage between the offender and the offended party "ardon under rt DBB is only a bar to criminal prosecution. (t 9<63 )<# extinguish criminal liabilit". (t is not one of the causes that totall" extinguish criminal liabilit" in Art B:. *ivil liability with regard to the interest of the injured party is extinguished by his express waiver because personal in&ur" ma" be repaired through indemnit" an"wa". 3tate has no reason to insist on its pa"ment. 'aiver must be express.

Art. 7<.

Aeasures of prevention or safety which are not considered

penalties. K The following shall not !e consi#ere# as penalties:


2. The arrest an# temporar" #etention of accuse# persons. as well as their #etention !" reason of insanit" or im!ecilit". or illness re$uiring their confinement in a hospital. 7. The commitment of a minor to an" of the institutions mentione# in Article FG an# for the purposes specifie# therein. 6. 'uspension from the emplo"ment of pu!lic office #uring the trial or in or#er to institute procee#ings. <. >ines an# other corrective measures which. in the e%ercise of their a#ministrative #isciplinar" powers. superior officials ma" impose upon their su!or#inates. =. -eprivation of rights an# the reparations which the civil laws ma" esta!lish in penal form.

!ar 1 refers to the Gaccused personsH who are detained Gb" reason of insanit" or imbecilit"H not an insane or imbecile who has not been arrested for a crime. #he" are not considered penalties because the" are not imposed as a result of judicial proceedings. #hose in par 1, 3 and 4 are merel" preventive measures before the conviction of offenders. *ommitment of a minor is not a penalty because it is not imposed by the court in a judgment. #he imposition of the sentence in such a case is suspended. 7ines in par 4 are not imposed b" the court because otherwise, the" constitute a penalt"

Correlating Article "A with Article "% Although under Article 24, the detention of a person accused of a crime while the case against him is being tried does not amount to a penalt", "et the law considers this as part of the imprisonment and generall" deductible from the sentence. 'hen will this credit appl"@ If the penalty imposed consists of a deprivation of liberty. )ot all who have undergone preventive imprisonment shall be given a credit

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


:nder rticle )B, preventive imprisonment of an accused who is not "et convicted is not a penalt". <et rticle )A, if ultimatel" the accused is convicted and the penalt" imposed involves deprivation of libert", provides that the period during which he had undergone preventive detention will be deducted from the sentence, unless he is one of those dis2ualified under the law. 3o, if the accused has actuall" undergone preventive imprisonment, but if he has been convicted for two or more crimes whether he is a recidivist or not, or when he has been previousl" summoned but failed to surrender and so the court has to issue a warrant for his arrest , whatever credit he is entitled to shall be forfeited. (f the offender is not dis2ualified from the credit or deduction provided for in Article 2: of the -evised !enal %ode, then the next thing to determine is whether he signed an undertaking to abide b" the same rules and regulations governing convicts. If he signed an underta#ing to abide by the same rules and regulations governing convicts, then it means that while he is suffering from preventive imprisonment, he is suffering like a convict, that is wh" the credit is full. $ut if the offender did not sign an underta#ing, then he will onl" be sub&ected to the rules and regulations governing detention prisoners. s such, he will only be given @?L or BJF of the period of his preventive detention.

P%#(#*"'(# ')0%'so*)#*" is the incarceration undergone by a person accused of a crime which is not bailable, or he cannot afford to post bond. Buring the trial of his case, he is detained in jail. @e is known as detention prisoner. S!bs','a%& ')0%'so*)#*", on the other hand, is the personal penalty prescribed by law in substitution of the payment of fine embodied in the decision when the same cannot be satisfied because of the culprit9s insolvency. (People vs& <arumayan, >4 ;&7& 4JF)

Art. 7=. Penalties which may be imposed. K The penalties which ma" !e impose# accor#ing to this Co#e. an# their #ifferent classes. are those inclu#e# in the following 'cale:

PR)+C)PAL P +ALT) '


Capital punishment+ -eath. Afflictive penalties+ Reclusion perpetua. Reclusion temporal. Perpetual or temporar" a!solute #is$ualification. Perpetual or temporar" special #is$ualification. Prision ma"or. Correctional penalties+ Prision correccional. Arresto ma"or. 'uspension. -estierro. ?ight penalties+ Arresto menor. Pu!lic censure. Penalties common to the three prece#ing classes: >ine. an# (on# to 3eep the peace.
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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

ACC ''0RH P +ALT) '


Perpetual or temporar" a!solute #is$ualification. Perpetual or temporar" special #is$ualification. 'uspension from pu!lic office. the right to vote an# !e vote# for. the profession or calling. Civil inter#iction. )n#emnification. >orfeiture or confiscation of instruments an# procee#s of the offense. Pa"ment of costs.
Classification of penalties+ a !rincipal b Accessor"

P%'*-'0a 0#*a "'#s are those expressly imposed by the court while A--#sso%& 0#*a "'#s are those that are deemed included in the principal penalties imposed. a b According to divisibility ,principaldivisible those that have fixed duration and are divisible into 3 periods indivisible no fixed duration 4death, -!, perpetual or absolute dis2ualification5 According to sub6ect matter a corporal death b deprivation of freedom reclusion, prision, arresto c restriction of freedom destierro d deprivation of rights dis2ualification and suspension e pecuniar" fine According to gravity a capital b afflictive c correccional d light "ublic censure is a penalty, and being such, is not proper in ac2uittal. =ut a competent court, while ac2uitting an accused ma", with un2uestionable propriet" express its disapproval or reprehension of those acts to avoid the impression that b" ac2uitting the accused it approves or admires his conduct. !ermanent and temporar" absolute and permanent and temporar" special dis2ualification and suspension ma" be principal or accessor" penalties because the" are found in 2 general classes.

Art. 7A. $hen afflictive, correctional, or light penalty& K A fine. whether impose# as a single of as an alternative penalt". shall !e consi#ere# an afflictive penalt". if it e%cee#s A.GGG pesos; a correctional penalt". if it #oes not e%cee# A.GGG pesos !ut is not less than 7GG pesos; an# a light penalt" if it less than 7GG pesos.

Fines are imposed either as alternative 4Art 144 punishing disturbance of proceedings with arresto ma"or or fine from 2;; pesos to 1;;; pesos5 or single 4fine of 2;; to /;;; pesos5 Penalty cannot be imposed in the alternative since itCs the dut" of the court to indicate the penalt" imposed definitel" and positivel". #hus, the court cannot sentence the guilt" person in a manner as such as Gto pa" fine of 1;;; pesos, or to suffer an imprisonment of 2 "ears, and to pa" the costs.H

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


(f the fine imposed b" the law for the felon" is exactl" 2;; pesos, it is a light felon". 9ines+
a b c

#fflictive over /;;; "orrectional 2;1 to /;;; 8ight 2;; and less

Note6 #he classification applies if the fine is imposed as a single or alternative penalt". 0ence, it does not apply if the fine imposed together with another penalty. Bond to 2eep the peace is by analogy+ a fflictive over /;;; b *orrectional 2;1 to /;;; c 9ight 2;; and less

8istinction between classification of "enalties in rt. A and rt. )H Article 5 Article 7A Applicable in determining the prescriptive Applicable in determining the prescriptive period of felonies period of penalties

-/RAT)0+ A+- >> CT 0> P +ALT) ' Art. 7E. !eclusion perpetua. KThe penalt" of reclusion perpetua shall !e from twent" "ears an# one #a" to fort" "ears.

!eclusion temporal. K The penalt" of reclusion temporal shall !e from


twelve "ears an# one #a" to twent" "ears.

Prision mayor and temporary disqualification. K The #uration of the penalties


of prision ma"or an# temporar" #is$ualification shall !e from si% "ears an# one #a" to twelve "ears. e%cept when the penalt" of #is$ualification is impose# as an accessor" penalt". in which case its #uration shall !e that of the principal penalt".

Prision correccional, suspension, and destierro. K The #uration of the


penalties of prision correccional. suspension an# #estierro shall !e from si% months an# one #a" to si% "ears. e%cept when suspension is impose# as an accessor" penalt". in which case. its #uration shall !e that of the principal penalt".

#rresto mayor& K The #uration of the penalt" of arresto ma"or shall !e from
one month an# one #a" to si% months.

#rresto menor. K The #uration of the penalt" of arresto menor shall !e from
one #a" to thirt" #a"s.

*ond to %eep the peace& K The !on# to 3eep the peace shall !e re$uire# to
cover such perio# of time as the court ma" #etermine.

6 fol# rule: the maximum duration of the convict5s sentence shall not be more than D times the length of time corresponding to the most severe of the penalties imposed upon him. the maximum duration of the convictCs sentence shall in no case exceed 4; "ears

Three=Fold 1ule is to be given effect when the convict is already serving sentence in the penitentiiary. It is the prison authority who will apply the Three=Fold 1ule.

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#emporar" dis2ualification and suspension, when imposed as accessor" penalties, have different durations the" follow the duration of the principal penalt" 3estierro is imposed in the following circumstances+ a serious ph"sical in&uries or death under exceptional circumstances 4Art. 24.5 b failure to give bond for good behavior 4 a person making threat ma" be re2uired to give bond not to molest the person threatened, if not destierro5 c penalt" for the concubine

d in cases where the reduction of the penalt" b" one or more degrees results in destierro
8estierro is a principal penalty. It is a punishment whereby a convict is vanished to a certan place and is prohibited form entering or coming near that place designated in the sentence, not less than )F Mms.. However, the court cannot extend beyond )F? Mms. If the convict should enter the prohibited places, he commits the crime of evasion of service of sentence under rticle &FC. $ut if the convict himself would go further from which he is vanished by the court, there is no evasion of sentence because the )F?=Mm. limit is upon the authority of the court in vanishing the convict

Bond to 2eep the peace is not specificall" provided as a penalt" for an" felon" and therefore cannot be imposed b" the court. (t is re2uired in Art 2B4 and not to be given in cases involving other crimes. 'ummar": Perpetual penalties ,*.4.- 42; "rs 1da" 4;"rs5 after 3; "ears, can be pardoned, except when he is unworth" of pardon b" reason of his conduct and some other serious cause, it wonCt exceed 4; "ears.
a b c

!eclusion 'emporal

12 "rs and 1 da" to 2; "rs

Prision Aayor and temporary disqualification / "rs and 1 da" to 12 "rs1 dis2ualification if accessor" follows the duration of the principal penalt" Prision "orreccional, suspension and destierro / mos and 1 da" to 12 "rs1 dis2ualification if accessor" follows the duration of the principal penalt"
d e f g

#rresto Aayor

1 month and 1 da" to / months

#rresto Aenor 1 da" to 3; da"s *ond to %eep the peace the period during which the bond shall be effective is discretionar" to the court

"apital and #fflictive Penalties


-eath 'erm of ImprisonL ment #ccessory Penalties )one Reclusion Reclusion Prison &a"or Perpetua Temporal 2; "ears and 1 12 "ears and 1 / "ears and 1 da" da" to 4; "ears da" to 2; "ears to 12 "ears $%ivil (nterdiction $%ivil or during his (nterdiction sentence during sentence $!erpetual absolute $!erpetual dis2ualification absolute $#emporar" or absolute his dis2ualification $!erpetual special dis2ualification from the right of suffrage which the

None, unless pardoned* $!erpetual absolute dis2ualification $%ivil

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


interdiction 3; "ears for dis2ualification offender suffers although pardoned

"orrectional and 8ight Penalties


ImprisonL ment #ccessory Penalties Prison Correctional / months and 1 da" to / "ears $3uspension from public office Arresto &a"or Arresto &enor 1 month and 1 da" 1 da" to 3; da"s to / months $3uspension of right $3uspension of right to hold office to hold office $3uspension of the right of suffrage during the term of the sentence

$3uspension from the right to $3uspension of the follow a profession or calling right of suffrage during the term of $!erpetual special the sentence dis2ualification on the right of suffrage

+eclusion perpetua, despite its :defined duration; in +.-. D3?= 5 (4 years and one day to 04 years 5 is still to be classified as an indivisible penalty (People vs& 8ucas, 454 )"!# >5?), and should be imposed in its entire duration in accordance with -rt. 3) of the +evised "enal #de. (People vs& Aagallano, 499 )"!# 5G>)

Art. 7F. "omputation of penalties& K )f the offen#er shall !e in prison. the term of the #uration of the temporar" penalties shall !e compute# from the #a" on which the :u#gment of conviction shall have !ecome final. )f the offen#er !e not in prison. the term of the #uration of the penalt" consisting of #eprivation of li!ert" shall !e compute# from the #a" that the offen#er is place# at the #isposal of the :u#icial authorities for the enforcement of the penalt". The #uration of the other penalties shall !e compute# onl" from the #a" on which the #efen#ant commences to serve his sentence.
3irector of 4risonsEwarden to compute based on Art "#+ .hen the offender is in prison the duration of the temporar" penalties 4!A9, #A9, detention, suspension5 is from the da" on which the &udgment of conviction becomes final.
a

.hen the offender is not in prison the duration of the penalt" in deprivation of libert" is from the da" that the offender is placed at the disposal of &udicial authorities for the enforcement of the penalt"
b

The duration of the other penalties the duration is from the da" on which the offender commences to serve his sentence
c

1eason for rule %a' / because under Art 24, the arrest and temporar" detention of the accused is not considered a penalt" if in custody, the accused appealed, the service of the sentence should commence from the date of the promulgation of the decision of the appellate court, not from the date of the &udgment of the trial court was promulgated. service of one in prison begins onl" on the da" the &udgment of conviction becomes final. In cases if temporary penalties, if the offender is under detention, as when undergoing preventive imprisonment, rule 4a5 applies.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


If not under detention 4released on bail5 rule 4c5 applies >ffender under preventive imprisonment, rule 4c5 applies not rule 4a5 #he offender is entitled to a deduction of full$time or 4?8 of the time of his detention.

Period of preventive imprisonment deducted from term of imprisonment& K 0ffen#ers who have un#ergone preventive imprisonment
Art. 75. shall !e cre#ite# in the service of their sentence consisting of #eprivation of li!ert". with the full time #uring which the" have un#ergone preventive imprisonment. if the #etention prisoner agrees voluntaril" in writing to a!i#e !" the same #isciplinar" rules impose# upon convicte# prisoners. except in the following cases+ 2. ,hen the" are reci#ivists or have !een convicte# previousl" twice or more times of an" crime; an# 7. ,hen upon !eing summone# for the e%ecution of their sentence the" have faile# to surren#er voluntaril". )f the #etention prisoner #oes not agree to a!i#e !" the same #isciplinar" rules impose# upon convicte# prisoners. he shall !e cre#ite# in the service of his sentence with four8fifths of the time #uring which he has un#ergone preventive imprisonment. (#s amended by !epublic #ct 924?, <une 2?, 2:?G)& ,henever an accuse# has un#ergone preventive imprisonment for a perio# e$ual to or more than the possi!le ma%imum imprisonment of the offense charge# to which he ma" !e sentence# an# his case is not "et terminate#. he shall !e release# imme#iatel" without pre:u#ice to the continuation of the trial thereof or the procee#ing on appeal. if the same is un#er review. )n case the ma%imum penalt" to which the accuse# ma" !e sentence# is #estierro. he shall !e release# after thirt" (6G) #a"s of preventive imprisonment. (#s amended by 6&;& Bo& 42J, <uly 2G, 2:FF)
Accused undergoes preventive suspension if+ a offense is non$bailable b bailable but canCt furnish bail the full time or 4?8 of the time during which the offenders have undergone preventive suspension shall be deducted from the penalt" imposed preventive imprisonment must also be considered in perpetual penalties. Article does not make an" distinction between temporal and perpetual penalties. %redit is given in the service of sentences Gconsisting of deprivation of libert"H 4imprisonment and destierro5. #hus, persons who had undergone preventive imprisonment but the offense is punishable by a fine only would not be given credit. 8estierro is considered a Gdeprivation of libert"H (f the penalty imposed is arresto menor to destierro, the accused who has been in prison for 3; da"s 4arresto menor $ 3; da"s5 should be released because although the maximum penalt" is destierro 4/ mos 1 da" to / "rs5, the accused sentenced to such penalt" does not serve it in prison. T$# 1o o7'*2 o11#*,#%s a%# *o" #*"'" #, "o a*& ,#,!-"'o* o1 "$# "')# o1 0%#(#*"'(# ')0%'so*)#*"6 &. +ecidivists or those previously convicted for two or more times of any crime.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


(. Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily. Habitual 8elin(uents not entitled to the full time or 4?8 credit of time under preventive imprisonment since he is necessaril" a recidivist or has been convicted previousl" twice or more times of an" crime. 0xample6 F who was arrested for serious ph"sical in&uries, detained for 1 "ear and went out on bail but was later on found guilt". 0e was conse2uentl" summoned for the execution of the sentence, but having failed to appear, F will not be credited in the service of his sentence for serious ph"sical in&uries w? one "ear or 4?8 of one "ear preventive imprisonment.

6ffects of the penalties of perpetual or temporary absolute disqualification& K The penalties of perpetual or temporar" a!solute
Art. 6G. #is$ualification for pu!lic office shall pro#uce the following effects: 2. The #eprivation of the pu!lic offices an# emplo"ments which the offen#er ma" have hel# even if conferre# !" popular election. 7.The #eprivation of the right to vote in an" election for an" popular office or to !e electe# to such office. 6. The #is$ualification for the offices or pu!lic emplo"ments an# for the e%ercise of an" of the rights mentione#. )n case of temporar" #is$ualification. such #is$ualification as is comprise# in paragraphs 7 an# 6 of this article shall last #uring the term of the sentence. <. The loss of all rights to retirement pa" or other pension for an" office formerl" hel#.

The exclusion is a mere dis(ualification for protection and not for punishment withholding of a privilege, not a denial of a right.

the

"erpetual absolute dis(ualification is effective during the lifetime of the convict and even after the service of the sentence. Temporary absolute dis(ualification is effective during the term of sentence and is removed after the service of the same. 0xception* 415 deprivation of the public office or emplo"ment1 425 loss of all rights to retirement pa" or other pension for an" office formerl" held. Effects of 4erpetual and temporary absolute dis.ualification+ a 9eprivation of an" public office or emplo"ment of offender b c 9eprivation of the right to vote in an" election or to be voted upon >oss of rights to retirement pa" or pension

d All these effects last during the lifetime of the convict and even after the service of the sentence except as regards paragraphs 2 and 3 of the above in connection with #emporar" Absolute 9is2ualification.

6ffect of the penalties of perpetual or temporary special disqualification& K The penalties of perpetual or temporal special
Art. 62.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA #is$ualification for pu!lic office. profession or calling shall pro#uce the following effects: 2. The #eprivation of the office. emplo"ment. profession or calling affecte#; 7. The #is$ualification for hol#ing similar offices or emplo"ments either perpetuall" or #uring the term of the sentence accor#ing to the e%tent of such #is$ualification.

6ffect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage& K The perpetual or
Art. 67. temporar" special #is$ualification for the e%ercise of the right of suffrage shall #eprive the offen#er perpetuall" or #uring the term of the sentence. accor#ing to the nature of sai# penalt". of the right to vote in an" popular election for an" pu!lic office or to !e electe# to such office. &oreover. the offen#er shall not !e permitte# to hol# an" pu!lic office #uring the perio# of his #is$ualification.
#emporar" dis2ualification if imposed as an accessor" penalt", its duration is that of the principal penalt" Effects of 4erpetual and Temporary 1pecial 3is.ualification a. .or public office, profession, or calling 1. 9eprivation of the office, emplo"ment, profession or calling affected 2. 9is2ualification for holding similar offices or emplo"ment during the period of dis2ualification b& .or the exercise of the right of suffrage 1. 9eprivation of the right to vote or to be elected in an office. 1. %annot hold an" public office during the period of dis2ualification.

6ffects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. K The suspension from pu!lic
Art. 66. office. profession or calling. an# the e%ercise of the right of suffrage shall #is$ualif" the offen#er from hol#ing such office or e%ercising such profession or calling or right of suffrage #uring the term of the sentence. The person suspen#e# from hol#ing pu!lic office shall not hol# another having similar functions #uring the perio# of his suspension.
ffects: a 9is2ualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence. b %annot hold another office having similar functions during the period of suspension.

Art. 6<. "ivil interdiction. K Civil inter#iction shall #eprive the offen#er #uring the time of his sentence of the rights of parental authorit". or guar#ianship. either as to the person or propert" of an" war#. of marital authorit". of the right to manage his propert" an# of the right to #ispose of such propert" !" an" act or an" conve"ance inter vivos.
ffects:

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


a. 3eprivation of the following rights+ 1. !arental rights 2. Euardianship over the ward 3. Martial authorit" 4. -ight to manage propert" and to dispose of the same b" acts inter vivos b. *ivil Interdiction is an accessory penalty to the following principal penalties 1. (f death penalt" is commuted to life imprisonment 2. -eclusion perpetua 3. -eclusion temporal 0e can dispose of such propert" b" will or donation mortis causa

Art. 6=. 6ffects of bond to %eep the peace. K )t shall !e the #ut" of an" person sentence# to give !on# to 3eep the peace. to present two sufficient sureties who shall un#erta3e that such person will not commit the offense sought to !e prevente#. an# that in case such offense !e committe# the" will pa" the amount #etermine# !" the court in the :u#gment. or otherwise to #eposit such amount in the office of the cler3 of the court to guarantee sai# un#erta3ing. The court shall #etermine. accor#ing to its #iscretion. the perio# of #uration of the !on#. 'houl# the person sentence# fail to give the !on# as re$uire# he shall !e #etaine# for a perio# which shall in no case e%cee# si% months. is he shall have !een prosecute# for a grave or less grave felon". an# shall not e%cee# thirt" #a"s. if for a light felon".

=ond to keep the peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime. $ond to #eep the peace or for good behavior is imposed as a penalt" in threats.

The legal effect of a failure to post a bond to #eep the peace is imprisonment either for six months or 3; da"s, depending on whether the felon" committed is grave or less grave on one hand, or it is light onl" on the other hand. The legal effect of failure to post a bond for good behavior is not imprisonment but destierro under Article 2B4.

Art. 6A. Pardon3 its effect& K A par#on shall not wor3 the restoration of the right to hol# pu!lic office. or the right of suffrage. unless such rights !e e%pressl" restore# !" the terms of the par#on. A par#on shall in no case e%empt the culprit from the pa"ment of the civil in#emnit" impose# upon him !" the sentence.

"ardon by the "resident does not restore the right to public office or suffrage except when both are expressl" restored in the pardon. )or does it exempt from civil liabilit"?from pa"ment of civil indemnit". ?imitations to 4residentLs power to pardon+ a can be exercised onl" after final &udgment b c does not extend to cases of impeachment does not extinguish civil liabilit" onl" criminal liabilit"

General rule+!ardon granted in general terms does not include accessor" penalties. Exceptions+

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


a. If the absolute pardon is granted after the term of imprisonment has expired, it

removes all that is left of the conse2uences of conviction. However, if the penalt" is life imprisonment and after the service of 3; "ears, a pardon is granted, the pardon does not remove the accessor" penalt" of absolute perpetual dis2ualification b. if the facts and circumstances of the case show that the purpose of the !resident is to precisel" restore the rights i.e., granting absolute pardon after election to a post 4ma"or5 but before the date fixed b" law for assuming office to enable him to assume the position in deference to the popular will Pa%,o* )!s" b# a--#0"#, "ardon is an act of grace, proceeding from the #hief $xecutive, which exempts the individual upon whom it is bestowed from the punishment which the law inflicts for the crime he has committed. It is a private, though official, act of the #hief $xecutive delivered to the individual for whose benefit it is not intended. It is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance. /ntil delivery, all that may have been done is a matter of intended favor, and the pardon may be cancelled to accord with the change of intention. If cancelled before acceptance, it has no effect. Effe"ts of Pa!don There are two kinds of pardon that may be extended by the "resident. The first one is known as -o*,'"'o*a 0a%,o*. This pardon contemplates of a situation wherein the offender is granted temporary liberty under certain conditions. If he violates the conditions of this pardon, he commits a crime known as evasion of service of sentence. Then we have abso !"# 0a%,o* 5 when an absolute pardon is granted, it releases the offender from the punishment imposed by the court on him, so that in the eyes of the law, the offender is innocent as if he had never committed the offense. It removes the penalties and disabilities and restores him to all his civil rights. It makes him a new man and gives him a new credit and capacity. "ardon relieves the offender from the conse,uences of an offense for which he has been convicted, that it, it abolishes or forgives the punishment, subject to exceptions mentioned in -rt. )3.

4ardon by the offended party 7 does not extinguish criminal liabilit", ma" include offended part" waiving civil indemnit" and it is done before the institution of the criminal prosecution and extended to both offenders. Pardon by the "hief 6xecutive distinguished from pardon by the offended party1. !ardon b" the %hief 6xecutive extinguishes the criminal liabilit" of the offender1 such is not the case when the pardon is given b" the offended part". (. "ardon by the #hief $xecutive cannot include civil liability which the offender must pay' but the offended party can waive the civil liability which the offender must pay. ). In cases where the law allows pardon by the offended party, the pardon should be given before the institution of criminal prosecution and must be extended to both offenders. This is not true for pardon extended by the #hief $xecutive for the same may be extended to offenders whether the crime committed is public or private offense.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA Art. 6E. "ost& M $hat are included. K Costs shall inclu#e fees an# in#emnities in the course of the :u#icial procee#ings. whether the" !e fi%e# or unaltera!le amounts previousl" #etermine# !" law or regulations in force. or amounts not su!:ect to sche#ule.

Costs include+ a. fees b. indemnities in the course of &udicial proceedings %osts 4expenses of the litigation5 are chargeable to the accused in case of conviction. In case of ac(uittal, the costs are de oficio, each part" bearing is own expense )o costs allowed against the -epublic of the !hilippines until law provides the contrar"

Art. 6F. Pecuniary liabilities& M ;rder of payment. K )n case the propert" of the offen#er shoul# not !e sufficient for the pa"ment of all his pecuniar" lia!ilities. the same shall !e met in the following or#er: 2. 7. 6. <. The reparation of the #amage cause#. )n#emnification of conse$uential #amages. The fine. The cost of the procee#ings.

P#-!*'a%& 'ab' '"& as contemplated under -rt. )> includes both civil liabilities and pecuniary penalties e+cept the civil liability of restitution because this is an exclusive liability. C'(' 'ab' '"& consists of reparation and indemnification while 0#-!*'a%& 0#*a "& consists of fine imposed by the court. It is worth noting, as will further be discussed under -rt. >=, that the death of the offender before final judgment extinguishes the pecuniary penalty but not the civil liability included in his pecuniary liabilities.

pplicable 2in case property of the offender should not be sufficient for the payment of all his pecuniary liabilities.H 0ence, if the offender has insufficient or no propert", there is no use for Art 3B. ;rder of payment is mandatory 0xample6 Iuan inflicted serious ph"sical in&uries against !edro and took the latterCs watch and ring. 0e incurred 8;; worth of hospital bills and failed to earn 3;; worth of salar". Eiven that Iuan onl" has 1;;; pesos worth of propert" not exempt from execution, it shall be first applied to the pa"ment of the watch and ring which cannot be returned as such is covered b" Greparation of the damage causedH thus, no. 1 in the order of pa"ment. #he 8;; and 3;; are covered b" Gindemnification of the conse2uential damageH thus, no. 2 in the order of pa"ment.

Art. 65. )ubsidiary penalty. K )f the convict has no propert" with which to meet the fine mentione# in the paragraph 6 of the ne%t prece#ing article.
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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA he shall !e su!:ect to a su!si#iar" personal lia!ilit" at the rate of one #a" for each eight pesos. su!:ect to the following rules: 2. )f the principal penalt" impose# !e prision correccional or arresto an# fine. he shall remain un#er confinement until his fine referre# to in the prece#ing paragraph is satisfie#. !ut his su!si#iar" imprisonment shall not e%cee# one8thir# of the term of the sentence. an# in no case shall it continue for more than one "ear. an# no fraction or part of a #a" shall !e counte# against the prisoner. 7. ,hen the principal penalt" impose# !e onl" a fine. the su!si#iar" imprisonment shall not e%cee# si% months. if the culprit shall have !een prosecute# for a grave or less grave felon". an# shall not e%cee# fifteen #a"s. if for a light felon". 6. ,hen the principal impose# is higher than prision correccional. no su!si#iar" imprisonment shall !e impose# upon the culprit. <. )f the principal penalt" impose# is not to !e e%ecute# !" confinement in a penal institution. !ut such penalt" is of fi%e# #uration. the convict. #uring the perio# of time esta!lishe# in the prece#ing rules. shall continue to suffer the same #eprivations as those of which the principal penalt" consists. =. The su!si#iar" personal lia!ilit" which the convict ma" have suffere# !" reason of his insolvenc" shall not relieve him. from the fine in case his financial circumstances shoul# improve. (#s amended by !# >J9>, #pril 42, 2:9:&)
#here is no subsidiar" penalt" for non$pa"ment of reparation, indemnification and costs in par 1, 2 and 4 of Art 3B. (t is onl" for fines.

Article 3: deals with subsidiar" penalt". There are two situations there6 %&' %)' 'hen there is a principal penalt" of imprisonment or an" other principal penalt" and it carries with it a fine1 and 'hen penalt" is onl" a fine.

Therefore, there shall be no subsidiary penalty for the non=payment of damages to the offended party.

Art 3: applies onl" when the convict has no propert" with which to meet the fine in par 3 of art 3B. #hus, a convict who has propert" enough to meet the fine and not exempted from execution cannot choose to serve the subsidiar" penalt" instead of the pa"ment of the fine.

In 4eople v. 1ubido it was held that the convict cannot choose not to serve, or not to pay the fine and instead serve the subsidiary penalty. A subsidiar" penalt" will onl" be served if the sheriff should return the execution for the fine on the propert" of the convict and he does not have the properties to satisf" the writ.

,ubsidiary imprisonment is not an accessory penalty. (t is covered b" Art 4;$48 of this %ode. Accessor" penalties are deemed imposed even when not mentioned while subsidiar" imprisonment must be expressl" imposed.

subsidiary penalty is not an accessory penalty. 3ince it is not an accessor" penalt", it must be expressly stated in the sentence, but the sentence does not specif" the period of subsidiar" penalt" because it will onl" be known if the convict cannot pa" the fine. #he sentence will merel" provide that in case of non$pa"ment of the fine, the convict shall be re2uired to save subsidiar"

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


penalt". (t will then be the prison authorit" who will compute this. If the judgment is silent, he cannot suffer any subsidiary penalty.

Rules: 4E/A?TC I'4!1E3 Prision correccional or arresto and fine .ine only @igher than prision correccional Bot to be executed by confinement but of fixed duration
Khen is subsidiary penalty applied %&'

?E/GT5 !9 1:B1I3IA*C 4E/A?TC )ot exceed 1?3 of term of sentence, in no case more than 1 "ear fraction or part of a da" not counted. )ot to exceed / months if prosecuted for grave or less grave felon", not to exceed 18 da"s if prosecuted for light felon" )o subsidiar" imprisonment 3ame deprivations as those of the principal penalt" under rules 1, 2 and 3 above

(f the subsidiar" penalt" prescribed for the non$pa"ment of fine which goes with the principal penalt", the maximum duration of the subsidiary penalty is one year, so there is no subsidiary penalty that goes beyond one year. =ut this will onl" be true if the one "ear period is higher than 1?3 of the principal penalt", the convict cannot be made to undergo subsidiar" penalt" more than 1?3 of the duration of the principal penalt" and in no case will it be more than 1 "ear $ get 1?3 of the principal penalt" $ whichever is lower. If the subsidiary penalty is to be imposed for non payment of fine and the principal penalty imposed be fine only, which is a single penalt", that means it does not go with another principal penalt", the most that the convict will be re2uired to undergo subsidiar" imprisonment is six months, if the felon" committed is grave or less grave, otherwise, if the felon" committed is slight, the maximum duration of the subsidiar" penalt" is onl" 18 da"s.

%)'

8o not consider the totality of the imprisonment the convict is sentenced to but consider the totality or the duration of the imprisonment that the convict will be re(uired to serve under the Three=Fold 1ule. (f the totalit" of the imprisonment under this rule does not exceed six "ears, then, even if the totalit" of all the sentences without appl"ing the #hree$7old -ule will go be"ond six "ears, the convict shall be re2uired to undergo subsidiar" penalt" if he could not pa" the fine.

(f financial circumstances improve, convict still to pa" the fine even if he has suffered subsidiar" personal liabilit". the penalt" imposed must be !%, AM, Am, suspension, destierro and fine onl". other than these 4!M, -#, -!5 court cannot impose subsidiar" penalt". 6ven if the penalt" imposed is not higher than !%, if the accused is a habitual delin2uent who deserves an additional penalt" of 12 "rs and 1 da" of -#, there is no subsidiar" imprisonment.

7ubsidiary imprisonment can be applied to the fine imposed for violation of special penal laws. This is authori ed by -rt. &D)( and by -rt. &4 which makes the +evised "enal #ode applicable to special laws.

Art. <G. +eath M Its accessory penalties& K The #eath penalt". when it is not e%ecute# !" reason of commutation or par#on shall carr" with it that of perpetual a!solute #is$ualification an# that of civil inter#iction #uring

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA thirt" "ears following the #ate sentence. unless such accessor" penalties have !een e%pressl" remitte# in the par#on. Art. <2.

!eclusion perpetua and reclusion temporal& M 'heir accessory

penalties& K The penalties of reclusion perpetua an# reclusion temporal


shall carr" with them that of civil inter#iction for life or #uring the perio# of the sentence as the case ma" !e. an# that of perpetual a!solute #is$ualification which the offen#er shall suffer even though par#one# as to the principal penalt". unless the same shall have !een e%pressl" remitte# in the par#on. Art. <7. Prision mayor M Its accessory penalties. K The penalt" of prision ma"or. shall carr" with it that of temporar" a!solute #is$ualification an# that of perpetual special #is$ualification from the right of suffrage which the offen#er shall suffer although par#one# as to the principal penalt". unless the same shall have !een e%pressl" remitte# in the par#on. Art. <6. Prision correccional M Its accessory penalties. K The penalt" of prision correccional shall carr" with it that of suspension from pu!lic office. from the right to follow a profession or calling. an# that of perpetual special #is$ualification from the right of suffrage. if the #uration of sai# imprisonment shall e%cee# eighteen months. The offen#er shall suffer the #is$ualification provi#e# in the article although par#one# as to the principal penalt". unless the same shall have !een e%pressl" remitte# in the par#on. Art. <<. #rresto M Its accessory penalties. K The penalt" of arresto shall carr" with it that of suspension of the right too hol# office an# the right of suffrage #uring the term of the sentence.
0utline of accessor" penalties inherent in principal penalties a. death if not executed because of commutation or pardon 1. perpetual absolute dis2ualification 2. civil interdiction during 3; "ears 4if not expressl" remitted in the pardon5 b. *4 and *T 1. civil interdiction for life or during the sentence 2. perpetual absolute dis2ualification 4unless expressl" remitted in the pardon5 c. 4' 1. temporar" absolute dis2ualification 2. perpetual absolute dis2ualification from suffrage 4unless expressl" remitted in the pardon5 d. 4C 1. suspension from public office, profession or calling 2. perpetual special dis2ualification from suffrage if the duration of the imprisonment exceeds 1B months 4unless expressl" remitted in the pardon5

#he accessor" penalties in Art 4;$44 must be suffered b" the offender, although pardoned as to the principal penalties. To be relieved of these penalties, the" must be expressl" remitted in the pardon. )o accessor" penalt" for destierro !ersons who served out the penalt" ma" not have the right to exercise the right of suffrage. For a prisoner who has been sentenced to one year of imprisonment or

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more for any crime, absolute pardon restores to him his political rights. If the penalty is less than one year, dis2ualification does not attach except if the crime done was against propert".

#he nature of the crime is immaterial when the penalt" imposed is one "ear imprisonment or more. #he accessory penalties are understood to be always imposed upon the offender b" the mere fact that the law fixes a certain penalt" for the crime. 'henever the courts impose a penalt" which b" provision of law, carries with it other penalties, itCs understood that the accessor" penalties are also imposed. the accessory penalties do not affect the jurisdiction of the court in which the information is filed because the" donCt modif" or alter the nature of the penalt" provided b" law. .hat determines jurisdiction in criminal cases is the extent of the principal penalty wJc the law imposes of the crime charged. the +T* has exclusive jurisdiction over offenses punishable with imprisonment of not exceeding 4 "ears and 2 months or a fine of not more than 4;;; or both regardless of other imposable accessor" or other penalties.

Art. <=. "onfiscation and forfeiture of the proceeds or instruments of the crime& K ver" penalt" impose# for the commission of a felon" shall carr" with it the forfeiture of the procee#s of the crime an# the instruments or tools with which it was committe#. 'uch procee#s an# instruments or tools shall !e confiscate# an# forfeite# in favor of the Government. unless the" !e propert" of a thir# person not lia!le for the offense. !ut those articles which are not su!:ect of lawful commerce shall !e #estro"e#.

ever" penalt" imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime proceeds and instruments?tools of the crime are confiscated in favor of the government 3rd personsC 4not liable for the offense5 propert" is not sub&ect to confiscation and forfeiture propert" not sub&ect of lawful commerce 4whether it belongs to accused or 3rd person5 shall be destro"ed. canCt confiscate?forfeit unless thereCs a criminal case filed and tried, and accused is ac2uitted. must indict 3rd person to order confiscation of his propert" instruments of the crime belonging to innocent 3rd person ma" be recovered confiscation can be ordered onl" if the propert" is submitted in evidence or placed at the disposal of the court articles which are forfeited $ when the order of forfeiture is alread" final, canCt be returned even in case of an ac2uittal confiscation and forfeiture are additional penalties. 'here the penalt" imposed did not include the confiscation of the goods involved, the confiscation K forfeiture of

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said goods would be an additional penalt" and would amount to an increase of the penalt" alread" imposed, thereb" placing the accused in double &eopard". when the accused has appealed, confiscation and forfeiture not ordered b" the trial court ma" be imposed b" the appellate court the government canCt appeal the modification of a sentence if the defendant did not appeal. =ut if the defendant appeals, it removes all bars to the review and correction of the penalt" imposed b" the court below, even if an increase thereof should be the result.

Art. <A. Penalty to be imposed upon principals in general. K The penalt" prescri!e# !" law for the commission of a felon" shall !e impose# upon the principals in the commission of such felon". ,henever the law prescri!es a penalt" for a felon" in general terms. it shall !e un#erstoo# as applica!le to the consummate# felon".

General rule+ #he penalt" prescribed b" law in general terms shall be imposed* a upon the principals b for consummated felon" Exception+ when the law fixes a penalt" for the frustrated or attempted felon".

'henever it is believed that the penalt" lower b" one or two degrees corresponding to said acts of execution is not proportionate to the wrong done, the law fixes a distinct penalt" for the principal in the frustrated or attempted felon". The graduation of penalties refers to+ a stages of execution 4consummated, frustrated, attempted5 b degree of the criminal participation of the offender 4principal, accomplice, accessor"5 the division of a divisible penalt" 4min, med, max5 refers to the proper period of the penalt" which should be imposed when aggravating or mitigating circumstances attend the commission of the crime.

In what cases the death penalty shall not be imposed3 #utomatic review of death penalty cases& The #eath penalt" shall !e impose# in all
Art. <E. cases in which it must !e impose# un#er e%isting laws. except when the guilt" person is !elow eighteen (2F) "ears of age at the time of the commission of the crime or is more than sevent" (EG) "ears of age or when upon appeal or automatic review of the case !" the 'upreme Court. the re$uire# ma:orit" vote is not o!taine# for the imposition of the #eath penalt". in which cases the penalt" shall !e reclusion perpetua. )n all cases where the #eath penalt" is impose# !" the trial court. the recor#s shall !e forwar#e# to the 'upreme Court for automatic review an# :u#gment !" the court en banc within twent" (7G) #a"s !ut not earlier than fifteen (2=) #a"s after promulgation of the :u#gment or notice of #enial of an" motion for new trial or consi#eration. The transcript shall also !e forwar#e# within ten (2G) #a"s after the filing thereof !" the stenographic reporter. (#s amended by )ec& 44, !# ?9>:)&

whenever the &udgment of the lower court imposes the death penalt", the case shall be determined b" 1; &ustices of the court. .hen &? justices fail to reach a decision 4as to the propriet" of the imposition of the death penalt"5, the penalty next lower in degree than the death penalty shall be imposed.

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3eath penalty not imposed in the ff cases+ a5 when the person is more than .; "ears old at time -#% sentenced him b5 when upon appeal or revision of the case b" the 3%, 1; &ustices are not unanimous in their voting c5 when the offender is a minor under 1B "rs of age. 'h"@ =ecause minorit" is alwa"s a mitigating circumstance d5

while a woman is pregnant and within one "ear after deliver"

<ustification for the death penalty- social defense and exemplarit". )ot considered cruel and unusual because does not involve torture or lingering death. Crimes where death penalty is imposed+ a5 treason b5 certain acts of espionage under %ommonwealth Act /1/ c5 correspondence w? hostile countr" when it contains notice or information and the intention of the offender is to aid the enem" d5 2ualified pirac" e5 certain violations of the Anti$subversion act f5 parricide g5 murder h5 kidnapping and serious illegal detention i5 robber" w? homicide &5 rape w? homicide k5 when death resulted from the commission of arson or other crime involving destruction trial court must re(uire the prosecution to present evidence, despite plea of guilty, when the crime charged is punished by death. A sentence of death is valid onl" if it is susceptible of a fair and reasonable examination b" the court. #his is impossible if no evidence of guilt was taken after a plea of guilt".

Art. <F. Penalty for complex crimes. K ,hen a single act constitutes two or more grave or less grave felonies. or when an offense is a necessar" means for committing the other. the penalt" for the most serious crime shall !e impose#. the same to !e applie# in its ma%imum perio#.

'he 4 or more grave or less grave felonies must be the result of a single act , or an offense must be a necessary means to commit the crime& Comple% crime one crime onl" as there is onl" one criminal intent information need be filed 7 3in#s of comple% crimes:
a5

onl" one

compound crime

single act constitutes 2 or more grave or less grave

felonies *e.uisites+ 2) 4) that only one single act is committed by the offender

that the single act produces a) 4 or more grave felonies b) one or more grave and one or more less grave felonies c) 4 or more less grave felonies when an offense is a necessar" means for

b5

complex crime proper

committing another

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*e.uisites+ 2) 4) 5)

that at least 4 offenses are committed that one or some of the offenses must be necessary to commit the other that both or all the offenses must be punished under the same statute

/o single act in the following cases+ a5 'hen 2 persons are killed one after the other, b" different acts, although these 2 killings were the result of a single criminal impulse, the different acts must be considered as distinct crimes. b5 'hen the acts are wholl" different, not onl" in themselves, but also because the" are directed against 2 different persons, as when one fires his gun twice in succession, killing one and in&uring the other.

.hen an offender performed more than one act, although similar, if they result in separate crimes, there is no complex crime at all, instead, the offender shall be prosecuted for as man" crimes as are committed under separate information. .hen the single act brings about two or more crimes, the offender is punished with onl" one penalt", although in the maximum period, because he acted onl" with single criminal impulse. if there is only one criminal impulse which brought about the commission of the crime, the offender should be penali!ed only once. (n this case it is not the singleness of the act but the singleness of the impulse that has been considered

?ight felonies produced b" the same act should be treated and punished as separate offenses or ma" be absorbed b" the grave felon". 0xamples6 a5 several light felonies resulting from one single act not complex Iuan hit !edroCs car, resulting in several light in&uries and light felon" of damage to propert". )o complex crime because the crime of slight ph"sical in&uries and damage to propert" are light felonies. #here are as man" crimes as there are persons in&ured w? light ph"sical in&uries and as man" penalties as there are light felonies committed, even though the" are produced b" a single act of the offender. b5 when the crime is committed b" force or violence, slight ph"sical in&uries are absorbed.

Examples of complex crimes+ a5 Iuan was a baranga" captain who was killed while discharging his dut", the crime is a complex crime of homicide wJ assault upon a person of authority. Iuan raped !etra, causing her ph"sical in&uries w?c re2uired a monthCs worth of medical attention. #his is a complex crime of rape wJ less serious physical injuries. #he in&uries were necessar" to the commission of the rape.
b5

when in obedience to an order, several accused simultaneousl" shot man" persons, without evidence how man" each killed, there is onl" a single offense, there being a single criminal impulse.

E11#-" o1 -o*s0'%a-& '* "$# -o))'ss'o* o1 a -o)0 #9 -%')#. !hen a conspiracy animates several persons in the attainment of a single purpose, and in the process, several persons perform various acts in the attainment of said purpose, their individual acts are treated as a single act. The felonious agreement produces a sole and solidary liability. when various acts are executed for the attainment of a single purpose wJc constitutes an offense, such acts must be considered only as one offense.
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0xample6 Iuan falsified 1;; warehouse receipts from April to Iune which enabled him to swindle the bank of 1;; million. #hereCs onl" one complex crime of estafa through multiple falsification of documents. #here is no complex crime of arson w? homicide rt B@ is applicable to crimes through negligence 6xample* Iuan lit a cigarette as he poured gas in the tank of his car in his garage. #he gas caught fire and the house burned. 0is sister died and the maid suffered serious ph"sical in&uries. #he crimes of arson, homicide, serious ph"sical in&uries and damage to propert" constitute a complex crime. #here is onl" one penalt" but there are 3 civil liabilities.
rticle B@ also applies in cases when out of a single act of negligence or imprudence, two or more grave or less grave felonies resulted, although only the first part thereof %compound crime 5. #he second part of Article 4B does not appl", referring to the complex crime proper because this applies or refers onl" to a deliberate commission of one offense to commit another offense.

)o complex crime when one of the offenses is penali+ed b" a special law

-rticle 0> is not applicable when the crimes committed are made punishable by different laws. <ala prohibita and mala in se cannot be grouped together to form a complex crime under -rticle 0>

0xample of complex crime proper 4at least 2 crimes must be committed5* Pidnapping the victim to murder him in a secluded place ransom wasnCt paid so victim was killed. Pidnapping was a necessar" means to commit murder. =ut where the victim was taken from his home for the sole purpose of killing him and not for detaining him illegall" or for the purpose of ransom, the crime is simple murder. 2Necessary means3 does not mean 2indispensable means3. (ndispensable would mean it is an element of the crime. #he crime can be committed b" another mean. #he means actuall" emplo"ed 4another crime5 was merel" to facilitate and insure the consummation of the crime.
it shall be considered

2Necessary3 should not be understood as indispensable, otherwise, absorbed and not giving rise to a complex crime.

.hen in the definition of a felony, one offense is a means to commit the other, there is no complex crime. 0x. Murder committed b" means of fire. Murder can be 2ualified b" the circumstance of fire so no complex crime even if Art 321 and 324 punishes arson. (tCs plain and simple murder.

There is no disagreement that when a crime is committed because it is necessary to commit another crime, it is a complex crime and -rticle 0> is made applicable. @owever, the crime committed is an element of the other crime, then it is not considered a separate crime but is absorbed by the other crime. )ot complex crime when trespass to dwelling is a direct means to commit a grave offense. >ike rape, there is no complex crime of trespass to dwelling with rape. #respass will be considered as aggravating 4unlawful entr" or breaking part of a dwelling5 No complex crime when one offense is committed to conceal another

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0xample6 Iuan set the school on fire after committing homicide. 2 crimes. 'hen the offender had in his possession the funds w?c he misappropriated, the falsification of a public or official document involving said funds is a separate offense. =ut when the offender had to falsif" a public or official document to obtain possession of the funds w?c he misappropriated, the falsification is a necessar" means to commit the malversation. #here is no complex crime of rebellion with murder, arson, robber" or other common crimes. #he" are mere ingredients of the crime of rebellion absorbed alread".

!hen the crime of murder, arson and robbery are committed in the furtherance of the crime of rebellion, it is not a complex crime of rebellion with murder, arson and robbery. The crime committed is simple rebellion. The crimes of murder, arson and robbery are treated as elements of rebellion. Gote however, that in order that said crimes may be absorbed, it is necessary that the same were done in furtherance of the crime of rebellion. (Pp vs& 7eronimo) .hen ) crimes produced by a single act are respectively within the exclusive jurisdiction of ) courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime. 0xample6 Although the forcible abduction which was supposedl" commenced in Manila was not proven, and although the rape which was proven was actuall" committed in %avite, still the -#% of Manila had &urisdiction to convict the accused of rape. #he complex crime of forcible abduction with rape was charged in the complaint on the basis of which the case was tried.
In criminal procedure, it is prohibited to charge more than one offense in an information, except when the crimes in one information constitute a complex crime or a special complex crime. 3o whenever the 3upreme %ourt concludes that the criminal should be punished onl" once, because the" acted in conspirac" or under the same criminal impulse, it is necessar" to embod" these crimes under one single information. (t is necessar" to consider them as complex crimes even if the essence of the crime does not fit the definition of Art 4B, because there is no other provision in the -!%.

Art. 4B is intended to favor the culprit. The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period. (f the different crimes resulting from one single act are punished with the same penalt", the penalt" for an" one of them shall be imposed, the same to be applied in the maximum period. #he same rule shall be observed when an offense is a necessar" means to commit the other.

If by complexing the crime, the penalty would turn out to be higher, do not complex anymore. 0xample6 Murder and theft 4killed with treacher", then stole the right5. "enalty6 If complex / -eclusion temporal maximum to death. If treated individually / -eclusion temporal to -eclusion !erpetua. *omplex crime is not just a matter of penalty, but of substance under the 1evised "enal *ode.

complex crime of the second form may be committed by two persons. $ut when one of the offenses, as a means to commit the other, was committed by one of the accused by rec#less imprudence, the accused who committed the crime by rec#less imprudence is liable for his acts only. 0xample6 Iuan cooperated in the commission of the complex offense of estafa through falsification b" reckless imprudence b" acts without which it could not have been accomplished, and this being a fact, there would be no reason to exculpate him from liabilit". 6ven assuming he had no intention to defraud #omas if his co$

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defendants succeeded in attaining the purpose sought b" the culprits, IuanCs participation together w? the participation of his co$defendants in the commission of the offense completed all the elements necessar" for the perpetration of the complex crime of estafa through falsification of documents. 'hen two felonies constituting a complex crime are punishable b" imprisonment and fine, respectivel", onl" the penalt" of imprisonment shall be imposed. 'hen a single act constitutes two grave or less grave or one grave and another less grave, and the penalt" for one is imprisonment while that for the other is fine, the severit" of the penalt" for the more serious crime should not be &udged b" the classification of each of the penalties involved, but b" the nature of the penalties. 0xample6 6ven if the fine for damage to propert" through reckless imprudence is !4;,;;;, an afflictive penalt", and the penalt" for the ph"sical in&uries resulting from the same act is onl" 4 mos of arresto ma"or, a correccional penalt" ma" be imposed.

(n the order of severit" of the penalties, arresto ma"or and arresto menor are considered more severe than destierro and arresto menor is higher in degree than destierro. 7ine is not included in the list of penalties in the order of severit" and it is the last in the order. rt B@ applies only to cases where the *ode doesn5t provide a specific penalty for a complex crime. rt B@ doesn5t apply when the law provides one single penalty for single complex crimes li#e the ff6 ,composite crimesa5 robber" w? homicide b5 robber" w? rape c5 kidnapping w? serious ph"sical in&uries d5 rape w? homicide

composite crime is one in which substance is made up of more than one crime, but which in the eyes of the law is only a single indivisible offense. This is also #nown as special complex crime.

'hen a complex crime is charged and one offense is not proven, the accused can be convicted of the other. 4lurality of crimes consists in the successive execution b" the same individual of different criminal acts upon an" of w?c no conviction has "et been declared. Dinds of plurality of crimes+ a5 formal or ideal onl" one criminal liabilit" b5 real or material there are different crimes in law as well as in the conscience of the offender, in such cases, the offender shall be punished for each and ever" offense that he committed. 6xample* Iuan stabbed !edro, then Iuan stabbed #omas too. #here are 2 committed as 2 acts were performed.

!hen the plurality of crimes is covered by a specific provision of law and declares that such aggrupation is but a single crime and provides a specific penalty for its commission, -rt. 0> should not be made to apply. !hen there is no law that covers the combination of the crimes committed, then -rt. 0> will apply. PL/RAL)TH 0> CR)& ' )o conviction of the crimes committed R C)-)B)'& #here must be conviction b" final &udgment of the first prior offense

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9ormalEideal plural crimes are divided into & groups* %a person committing multiple crimes is punished wJ one penalty in the ff cases' a5 when the offender commits an" of the complex crimes defined in art 4B b5 when the law specificall" fixes a single penalt" for 2 or more offenses committed* robber" w? homicide, kidnapping w? serious ph"sical in&uires c5 when the offender commits continued crimes Continue# crimes refers to a single crime consisting of a series of acts but all arising from one criminal resolution. Although there is a series of acts, there is onl" one crime committed, so onl" one penalt" shall be imposed.

<continued crime= is one where the offender performs a series of acts violating one and the same penal provision committed at the same place and about the same time for the same criminal purpose, regardless of a series of acts done, it is regarded in law as one.

!hen the actor, there being unity of purpose and of right violated, commits diverse acts, each of which, although of a delictual character, merely constitutes a partial delict, such occurrence of delictual acts is called ;,# '-"o -o*"'*!a,o<.; (7amboa vs& "ourt of #ppeals, 9F )"!# 52J) Examples of continued crimes+ a5 a collector of a commercial firm misappropriates for his personal use several amounts collected b" him from different persons. #here is onl" one crime because the different and successive appropriations are but the different moments during which one criminal resolution arises. b5 Iuan stole 2 books belonging to 2 different persons. 0e commits onl" one crime because there is unit" of thought in the criminal purpose of the offender. continued crime is not a complex crime as offender does not perform a single act but a series of acts. Therefore* a5 penalt" not to be imposed in the maximum b5 no actual provision punishing a continued crime itCs a principle applied in connection w? 2 or more crimes committed w? a single intention. *ontinued crime is different from a transitory crime. Transitory crime is Gmoving crimeH. 6xample* kidnapping someone for ransom and moving him to another venue. #he offenders can be prosecuted and tried in either of the 2 areas. R ALJ&AT R)AL PL/RAL)TH #here is a series of acts performed b" the offender 6ach act performed constitutes a separate crime because each act is generated b" a criminal impulse C0+T)+/ - CR)& 3ame 9ifferent acts constitute onl" one crime because all of the acts performed arise from one criminal resolution.

In the theft cases, the trend is to follow the single larceny doctrine, that is taking of several things, whether belonging to the same or different owners, at the same time and place, constitutes one larcen" onl".

/efamation "ases - libelous publication affecting more than one person constitutes as many crimes as there are offended parties. The crime is not complex even though there was only one act of publication. !here the defamatory statement was uttered only once on a single occasion against a group of persons not mentioned individually, the act constitutes only one offense.

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Penalty to be imposed upon the principals when the crime committed is different from that intended& K )n cases in which the felon"
Art. <5. committe# is #ifferent from that which the offen#er inten#e# to commit. the following rules shall !e o!serve#: 2. )f the penalt" prescri!e# for the felon" committe# !e higher than that correspon#ing to the offense which the accuse# inten#e# to commit. the penalt" correspon#ing to the latter shall !e impose# in its ma%imum perio#. 7. )f the penalt" prescri!e# for the felon" committe# !e lower than that correspon#ing to the one which the accuse# inten#e# to commit. the penalt" for the former shall !e impose# in its ma%imum perio#. 6. The rule esta!lishe# !" the ne%t prece#ing paragraph shall not !e applica!le if the acts committe# !" the guilt" person shall also constitute an attempt or frustration of another crime. if the law prescri!es a higher penalt" for either of the latter offenses. in which case the penalt" provi#e# for the attempte# or the frustrate# crime shall !e impose# in its ma%imum perio#.

Art 4: has reference to the provision in the 1st par of Art 4 which provides that criminal liabilit" shall be incurred Gb" an" person committing a felon" although the wrongful act done be different from that which he intendedH rt BA applicable only in cases when there is a mista#e in identity of the victim of the crime and the penalty for the crime committed is different from that for the crime intended to be committed. Art 4: also has no application where a more serious conse2uence not intended b" the offender befalls the same person. 0xample6 Iuan onl" wanted to inflict a wound upon !edro but because he lost control of his right arm, he killed !edro. Art 4: not applicable.

ART <5 ART <F >esser penalt" to be imposed in its maximum !enalt" for the more serious crime shall be pd imposed in its maximum pd /otes+ 1. Art. 4: has reference to Art. 4415. (t applies onl" when there is error in personae. 2. (n Art. 4: 4!aragraphs 1 and 25 the lower penalt" in its maximum period is alwa"s imposed. 3. (n !ar. 3 the penalt" for the attempted or frustrated crime shall be imposed in its maximum period. #his rule is not necessar" and ma" well be covered b" Art. 4B, in view of the fact that the same act also constitutes an attempt or a frustration of another crime.

Art. =G. Penalty to be imposed upon principals of a frustrated crime& K The penalt" ne%t lower in #egree than that prescri!e# !" law for the consummate# felon" shall !e impose# upon the principal in a frustrate# felon". Art. =2. Penalty to be imposed upon principals of attempted crimes. K A penalt" lower !" two #egrees than that prescri!e# !" law for the consummate# felon" shall !e impose# upon the principals in an attempt to commit a felon".

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA Art. =7. Penalty to be imposed upon accomplices in consummated crime& K The penalt" ne%t lower in #egree than that prescri!e# !" law for the consummate# crime shall !e impose# upon the accomplices in the commission of a consummate# felon". Art. =6. Penalty to be imposed upon accessories to the commission of a consummated felony& K The penalt" lower !" two #egrees than that prescri!e# !" law for the consummate# felon" shall !e impose# upon the accessories to the commission of a consummate# felon". Art. =<. Penalty to be imposed upon accomplices in a frustrated crime. K The penalt" ne%t lower in #egree than prescri!e# !" law for the frustrate# felon" shall !e impose# upon the accomplices in the commission of a frustrate# felon". Art. ==. Penalty to be imposed upon accessories of a frustrated crime& K The penalt" lower !" two #egrees than that prescri!e# !" law for the frustrate# felon" shall !e impose# upon the accessories to the commission of a frustrate# felon". Art. =A. Penalty to be imposed upon accomplices in an attempted crime& K The penalt" ne%t lower in #egree than that prescri!e# !" law for an attempt to commit a felon" shall !e impose# upon the accomplices in an attempt to commit the felon". Art. =E. Penalty to be imposed upon accessories of an attempted crime& K The penalt" lower !" two #egrees than that prescri!e# !" law for the attempte# felon" shall !e impose# upon the accessories to the attempt to commit a felon". Application of Article =G to =E "onsummated .rustrated !enalt" imposed b" law 1 less 1 less 2 less 2 less 3 less

4articipation Principal #ccomplice #ccessory

#ttempted 2 less 3 less 4 less

/otes+ rt F?=FC not applicable when the law specifically prescribes the penalty for the frustrated and attempted felony or that to be imposed upon the accomplices and accessories. 3egree one whole penalt", one entire penalt" or one unit of the penalties enumerated in the graduated scales provided for in Art .1 4eriod one of 3 e2ual portions, min?med?max of a divisible penalt". A period of a divisible penalt" when prescribed b" the %ode as a penalt" for a felon", is in itself a degree.

8istinctions between 8egree and "eriod -egree Perio# -efers to the penalt" imposable for a felon" -efers to the duration of the penalt" consisting committed considering the stages of execution of the maximum, medium, and minimum, after and the degree of participation of the offender considering the presence or absence of aggravating ? mitigating circumstances Ma" refer to both divisible and indivisible -efers onl" to divisible penalties penalties

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#he rules provided in Arts. 83, 88 and 8. do not appl" if the felon" is light because accessories are not liable for the same Bases for imposition of the penalty under the *4C a. 3tage of the commission of the crime 1. 2. !articipation of the persons liable !resence of aggravating or mitigating circumstances

In making any reduction by one or more degrees, the basis used in the penalty already prescribed, not as already reduced.

Art. =F. #dditional penalty to be imposed upon certain accessories. K Those accessories falling within the terms of paragraphs 6 of Article 25 of this Co#e who shoul# act with a!use of their pu!lic functions. shall suffer the a##itional penalt" of a!solute perpetual #is$ualification if the principal offen#er shall !e guilt" of a grave felon". an# that of a!solute temporar" #is$ualification if he shall !e guilt" of a less grave felon".
Art.8B is limited onl" to grave and less grave felonies since it is not possible to have accessories liable for light felonies. (t is further limited to those whose participation in the crime is characteri+ed b" the misuse of public office or authorit". 6xample* a5 A ma"or aided in friend, a wanted criminal, in escaping b5 A senator gives protection to his &ueteng lord friend Additional 4enalties for 4ublic !fficers who are accessories 1. Absolute perpetual dis2ualification, if the principal offender is guilt" of a grave felon". 2. Absolute temporar" dis2ualification if the principal offender is guilt" of less grave felon"

Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. K ,hen the
Art. =5. person inten#ing to commit an offense has alrea#" performe# the acts for the e%ecution of the same !ut nevertheless the crime was not pro#uce# !" reason of the fact that the act inten#e# was !" its nature one of impossi!le accomplishment or !ecause the means emplo"e# !" such person are essentiall" ina#e$uate to pro#uce the result #esire# !" him. the court. having in min# the social #anger an# the #egree of criminalit" shown !" the offen#er. shall impose upon him the penalt" of arresto ma"or or a fine from 7GG to =GG pesos.

Basis for the imposition of proper penalty in impossible crimes+ social danger and degree of criminalit" shown b" the offender. 0xample6 Iuan fired a revolver at !edro at the distance of 2 kilometers. #his shows stupidit" rather than danger. Iuan should not be punished as there is no social danger nor degree of criminalit". =ut if Iuan was a convicted felon, act ma" be punished.

Article limited to those cases of grave and less grave felonies.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA Art. AG. 6xception to the rules established in #rticles >G to >?& K The provisions containe# in Articles =G to =E. inclusive. of this Co#e shall not !e applica!le to cases in which the law e%pressl" prescri!es the penalt" provi#e# for a frustrate# or attempte# felon". or to !e impose# upon accomplices or accessories.
" cases wherein the accomplice is punished wE the same penalty imposed upon the principal a5 ascendants, guardians, curators, teachers and an" person who b" abuse of authorit" or confidential relationship shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption of minors, white slave trade or abduction. b5 one who furnished the place for the perpetration of the crime of slight illegal detention.

Accessory punished as principal+ Art 142 concealed certain evil practices.

punishes an accessor" for knowingl"

Cases when instead of a penalty " degrees lower one degree for accessory+ a5 knowingl" using counterfeited seal or forged signature or stamp of the !resident b5 c5 d5 illegal possession and use of false treasur" or bank note using a falsified document using a falsified dispatch

Art. A2. !ules for graduating penalties& K >or the purpose of gra#uating the penalties which. accor#ing to the provisions of Articles =G to =E. inclusive. of this Co#e. are to !e impose# upon persons guilt" as principals of an" frustrate# or attempte# felon". or as accomplices or accessories. the following rules shall !e o!serve#: 2. ,hen the penalt" prescri!e# for the felon" is single an# in#ivisi!le. the penalt" ne%t lower in #egrees shall !e that imme#iatel" following that in#ivisi!le penalt" in the respective gra#uate# scale prescri!e# in Article E2 of this Co#e. 7. ,hen the penalt" prescri!e# for the crime is compose# of two in#ivisi!le penalties. or of one or more #ivisi!le penalties to !e impose to their full e%tent. the penalt" ne%t lower in #egree shall !e that imme#iatel" following the lesser of the penalties prescri!e# in the respective gra#uate# scale. 6. ,hen the penalt" prescri!e# for the crime is compose# of one or two in#ivisi!le penalties an# the ma%imum perio# of another #ivisi!le penalt". the penalt" ne%t lower in #egree shall !e compose# of the me#ium an# minimum perio#s of the proper #ivisi!le penalt" an# the ma%imum perio#s of the proper #ivisi!le penalt" an# the ma%imum perio# of that imme#iatel" following in sai# respective gra#uate# scale. <. ,hen the penalt" prescri!e# for the crime is compose# of several perio#s. correspon#ing to #ifferent #ivisi!le penalties. the penalt" ne%t lower in #egree shall !e compose# of the perio# imme#iatel" following the minimum prescri!e# an# of the two ne%t following. which shall !e ta3en

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA from the penalt" prescri!e#. if possi!le; otherwise from the penalt" imme#iatel" following in the a!ove mentione# respective gra#uate# scale. =. ,hen the law prescri!es a penalt" for a crime in some manner not especiall" provi#e# for in the four prece#ing rules. the courts. procee#ing !" analog". shall impose correspon#ing penalties upon those guilt" as principals of the frustrate# felon". or of attempt to commit the same. an# upon accomplices an# accessories.
The rules provided in this rt should also apply in determining the minimum of the Indeterminate ,entence 9aw %I,9'. It also applies in lowering the penalty by one or two degrees by reason of the presence of the privileged mitigating circumstance or when the penalty is divisible and there are two or more mitigating circumstances.

Gra#uate# 'cale in Art E2 Indivisible 4enalties+ a5 9eath b5 -eclusion !erpetua 3ivisible 4enalties+ a5 -eclusion #emporal b5 !rision Ma"or c5 !rision %orreccional d5 Arresto Ma"or e5 9estierro f5 Arresto Menor g5 !ublic %ensure h5 7ine *ule /o. $+ .hen the penalty is single and indivisible 4ex. -!5, the penalt" next lower shall be reclusion temporal. *ule /o. "+ a5 when the penalty is composed of two indivisible penalties 6x. penalt" for parricide is reclusion perpetua to death, the next lower penalt" is reclusion temporal b5 when the penalty is composed of one or more divisible penalties to be imposed to their full extent 0x. &' one divisible penalty is reclusion temporal. #he penalt" immediatel" following -# is prision ma"or. 25 ) divisible penalties are prision correccional to prision ma"or. #he penalt" immediatel" preceding the lesser of the penalties of prision correccional to prision ma"or is arresto ma"or. *ule /o. &+ .hen the penalty is composed of ) indivisible penalties and the maximum period of a divisible penalty or when composed of one divisible penalty the maximum of one divisible penalty 0x. penalt" for murder is reclusion temporal4max5 to death. #he point of reference will be on the proper divisible penalt" which is reclusion temporal. Ander the 3rd rule, the penalt" next lower to reclusion temporal is composed of the medium and minimum periods of reclusion temporal and the maximum of prision ma"or. *ule /o.A+ .hen the penalty is composed of several periods 0x. the GseveralH periods contemplated in this rule correspond to different divisible penalties. A penalt" of prision ma"or in its medium period to reclusion temporal in its minimum period is an example of such. #he penalt" immediatel" following the minimum of the entire sentence, which is prision ma"or medium, is
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prision ma"or in its minimum and the 2 periods next following, which are prision correccional max and medium. *ule /o.8+ .hen the penalty has only ) periods 6x. Abduction punishable b" prision correccional in its medium and minimum. #he next penalt" following is formed b" 2 periods to be taken from the same penalt" if possible or from the periods of the penalt" numericall" following the lesser of the penalties prescribed. #he penalt" next following prision correccional in its med and min shall be arresto ma"or in its med and max. +itigating and ggravating circumstances are first disregarded in the application of the rules for graduating penalties. (t is onl" after the penalt" next lower in degree is alread" determined that the mitigating and aggravating circumstances should be considered.

6ffect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. K &itigating or aggravating
Art. A7. circumstances an# ha!itual #elin$uenc" shall !e ta3en into account for the purpose of #iminishing or increasing the penalt" in conformit" with the following rules: 2. Aggravating circumstances which in themselves constitute a crime speciall" punisha!le !" law or which are inclu#e# !" the law in #efining a crime an# prescri!ing the penalt" therefor shall not !e ta3en into account for the purpose of increasing the penalt". 2.(a) ,hen in the commission of the crime. a#vantage was ta3en !" the offen#er of his pu!lic position. the penalt" to !e impose# shall !e in its ma%imum regar#less of mitigating circumstances. The ma%imum penalt" shall !e impose# if the offense was committe# !" an" person who !elongs to an organi9e# J s"n#icate# crime group. An organi,ed = syndicated crime group means a group of two or more persons colla!orating. confe#erating. or mutuall" helping one another for purposes of gain in the commission of an" crime. 7. The same rule shall appl" with respect to an" aggravating circumstance inherent in the crime to such a #egree that it must of necessit" accompan" the commission thereof. 6. Aggravating or mitigating circumstances which arise from the moral attri!utes of the offen#er. or from his private relations with the offen#e# part". or from an" other personal cause. shall onl" serve to aggravate or mitigate the lia!ilit" of the principals. accomplices an# accessories as to whom such circumstances are atten#ant. <. The circumstances which consist in the material e%ecution of the act. or in the means emplo"e# to accomplish it. shall serve to aggravate or mitigate the lia!ilit" of those persons onl" who ha# 3nowle#ge of them at the time of the e%ecution of the act or their cooperation therein. =.

@abitual delinquency shall have the following effects&

(a) /pon a thir# conviction. the culprit shall !e sentence# to the penalt" provi#e# !" law for the last crime of which he !e foun# guilt" an# to the
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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA a##itional penalt" of prision correccional in its me#ium an# ma%imum perio#s; (!) /pon a fourth conviction. the culprit shall !e sentence# to the penalt" provi#e# for the last crime of which he !e foun# guilt" an# to the a##itional penalt" of prision ma"or in its minimum an# me#ium perio#s; an# (c) /pon a fifth or a##itional conviction. the culprit shall !e sentence# to the penalt" provi#e# for the last crime of which he !e foun# guilt" an# to the a##itional penalt" of prision ma"or in its ma%imum perio# to reclusion temporal in its minimum perio#. +otwithstan#ing the provisions of this article. the total of the two penalties to !e impose# upon the offen#er. in conformit" herewith. shall in no case e%cee# 6G "ears. >or the purpose of this article. a person shall be deemed to be habitual delinquent, if within a perio# of ten "ears from the #ate of his release or last conviction of the crimes of serious or less serious ph"sical in:uries. ro!o. hurto. estafa or falsification. he is foun# guilt" of an" of sai# crimes a thir# time or oftener. (#s amended by )ection 45 of !&#& no& ?9>:)

4ar $+ ggravating circumstances are not to be ta#en into account when6 a5 the" themselves constitute a crime 6x. b" Gmeans of fireH arson b5 the" are included b" law in the definition of a crime

E9a)0 #6 the aggravating circumstances of trespass or :escalamiento; is in itself a crime *-rt. (>4%. The breaking of a roof, floor or window may constitute malicious mischief. The burning of anything of value may constitute arson. These aggravating circumstances, if considered as felonies, do not increase the penalty. -mong the aggravating circumstances included in the definition of a crime are taking advantage of public position in estafa under -rt. (&0, abuse of confidence in ,ualified theft *-rt. )&4%' the circumstances which ,ualify homicide in murder *-rt. (0>%' and the use of artifice involving great waste and ruin in the crimes punished in -rts. )(0 and ))4.

4ar "+ 3ame rules applies when the aggravating circumstance is inherent in the crime

E9a)0 #6 +elationship is inherent in the crimes of parricide and infanticide' abuse of confidence is inherent in malversation, ,ualified theft, seduction and estafa' sex is inherent in crimes against chastity' taking advantage of public position, in crimes committed by public officers' premeditation is inherent in robbery, theft, estafa and similar offenses. Gocturnity, abuse of superiority and craft are absorbed by treachery and are therefore inherent in murder ,ualified by treachery. "remeditation, abuse of superiority and treachery are inherent in treason.

4ar &. ggravating or mitigating circumstances arising from any of the ff affect only those to whom such circumstances are attendant6 a5 from the moral attributes of the offender b5 from his private relations w? the offended part" c5 from an" other personal cause

E9a)0 #6 2our malefactors commit homicide. One of them is under &>. -nother is drunk. The third is a recidivist, and the fourth is neither under age, nor drunk, nor a recidivist. The first has in his favor the mitigating
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circumstances of minority which does not affect his co-defendants. The second has a different circumstances in his favor, drun*enness, which does not extend to the other participants in the crime. The third has an aggravating circumstance which affects him only. The fourth shall suffer the penalty corresponding to him without taking into consideration the aggravating circumstances affecting one or the extenuating circumstances affecting the others. +ule ) is illustrated in the crime of parricide wherein a stranger had participated. @e is guilty of homicide or murder and not parricide. In the same manner, the stranger who participated in the commission of ,ualified theft involving abuse of confidence and who had no confidential relationship with the victim is only guilty of simple theft. 1ut the rule is different in malversation. - private individual coordinating with the accountable public officer in committing malversation is a co-principal in the crime. In homicide, relationship aggravates the liability of the relative, who is a co-principal, but not of the other principals who are not related to the victim. 8ack of instruction is mitigating as to the principal, who is actually illiterate, but not with respect to the other principals who have educational attainment. @owever, in adultery, the privileged mitigating circumstance of abandonment would benefit both offenders, even if it was only the offending wife who was abandoned.* Pp vs& #velino %

4ar A+ the circumstances wJc consist of the ff shall serve to aggravate and mitigate the liability only of those who had #nowledge of them at the time of the commission of the offense a5 material execution of the act b5 means emplo"ed to accomplish the crime

6roi ard says that the circumstances attending the commission of a crime either relate to the persons participating in the same or to its material e+ecution, or to the means employed. The former do not affect all the participants in the crime, but only to those whom, they particularly apply' the latter have direct bearing upon the criminal liability of all defendants who had knowledge thereof at the time of the commission of the crime, or of their cooperation therein. E9a)0 #6 - and 1 killed #. In the execution of the act of killing, disguised himself in peace officer which was not made known to 1. The aggravating circumstance of disguising as a peace officer shall be appreciated only against -, who employed the same in the killing of #. It is only logical that - should be made to suffer a more serious penalty, as the idea is to affect only those who have knowledge of it at the time of the execution of the act. In the crime of murder, - hired 1 to kill #, to prevent the latter from being a candidate for mayor in the <ay &&, &==> elections. In the actual killing of #, deliberately augmented the suffering of # chopping him into pieces and scattering his remains in several places. The aggravating circumstances of cruelty and outraging or scoffing at the person or corpse of # should be appreciated only against 1. E9a)0 #6 -, 1 and # agreed to kill E so armed with guns, they proceeded to the house of the latter whereupon - told 1 and # that he would stay in the yard to prevent any relative of E from helping the victim. !hen 1 and # entered the room of E, and saw him sleeping, it was # who shot him. The treachery that attended the commission of the crime shall also affect 1 and not only # who treacherously killed E in his sleep because 1 had

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knowledge of the treacherous act being present actually during the shooting. -9s liability is not aggravated by treachery as he had no knowledge of it, being in the yard. Cases where the attending aggravating or mitigating circumstances are not considered in the imposition of penalties. !enalt" that is single and indivisible

7elonies through negligence !enalt" is a fine !enalt" is prescribed b" a special law 4ar 8+ 5abitual 3elin.uent is a person who within the period of &? years from the date of his %last' release or last conviction of the crimes of6 a5 serious or less serious ph"sical in&uries b5 robber" c5 theft d5 estafa e5 falsification is found guilty of any of the said crimes a third time or oftener. #en "ear period to be computed from the time of last release or conviction 3ubse2uent crime must be committed after conviction of the former crime. %ases still pending are not to be taken into consideration. *ECI3I0I1' 3ame title )o time fixed b" law 3econd conviction (s not offset b" M%, increases penalt" to maximum

5ABIT:A? 3E?I/H:E/CC %rimes to be committed are specified '? in 1; "ears Must be found guilt" 3rd time or oftener Additional penalt" is imposed

@abitual delin,uency is not a crime. It is a circumstance that will authori e the court to add an additional penalty for the present crime committed. It is only a factor in determining the total penalty to be imposed upon the offender. @abitual delin,uency imposes an additional penalty, however, if the same is imposed after the court has ac,uired jurisdiction over the crime, and the total penalty would exceed the jurisdictional limit of the court, such situation will not divest the court of its jurisdiction over the crime. (Pp vs& *lanco, F9 Phil& 4:9) In order that habitual delin,uency may be appreciated against the accused, it must be alleged and detailed in the information or complaint. The dates of the commission of the previous crimes' the last conviction of release must be contained or written in the information. /nder -rticle ((, when one is a habitual delin,uent and he commits felony or offense, any future punitive law that may favor him in relation to the punishment imposed on him, will not be given a retroactive effect insofar as said offender is concerned. @e is not also entitled to the application of the Indeterminate 7entence 8aw. E9a)0 #6 #+I<$7 #O<<ITT$B B-T$ O2 #OGHI#TIOG B-T$ O2 +$8$-7$

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7erious "hysical Injury Theft +obbery Ianuary, &=34 2ebruary, &=3> <arch, &=>4 Ianuary, &=D) 2ebruary, &=D?

In the example mentioned above, as regards the conviction for theft in 2ebruary, &=3> the starting point for the computation of the ten-year period is the date of conviction for serious physical injuries in Ianuary, &=34 because that is the last conviction with respect to the second conviction for theft in 2ebruary, &=3>. The date of release is not considered anymore because the conviction for theft took place within ten years from the last conviction for serious physical injuries. !e ignore the date of release because it came after the conviction. !ith respect to the third conviction for robbery in <arch &=>4, the ten-year period is to be computed not from the date of last conviction for theft in 2ebruary, &=3> because that would be beyond the period provided by law, but from the date of release of the accused in 2ebruary, &=D?, as the law provides for the computation of the ten-year period in the alternative, either from the last conviction or release. -pparently, in the example given, the last or third conviction is more than ten years from &=3>, but within ten years from release. The period of ten years is therefore satisfied. The offender in the example given is a habitual delin,uent. Rulings on 1a!itual -elin$uenc": a5 the law on habitual delin2uenc" does not contemplate the exclusion from the computation of prior conviction those falling outside the 1; "r period immediatel" preceding the crime for w?c the defendant is being tried b5 ten "r period is counted not from the date of commission of the subse2uent offense but to the date of conviction thereof in relation to the date of his last release or last conviction c5 when an offender has committed several crimes mentioned in the definition of habitual delin2uent, without being first convicted of an" of them before committing the others, he is not a habitual delin2uent d5 convictions on the same da" or at about the same time are considered as one onl" 4da"s, weeks..5 e5 crimes committed on the same date, although convictions on different dates are considered as one f5 previous convictions are considered ever" time a new offense is committed g5 commissions of those crimes need not be consummated

h5 habitual delin2uenc" applies to accomplice and accessories as long it is in the crimes specified i5 &5 k5 a crime committed in the minorit" of the offender is not counted imposition of additional penalt" is mandator" and constitutional modif"ing circumstances applicable to additional penalt"

l5 habitual delin2uenc" is not a crime, it is simpl" a fact or circumstance which if present gives rise to the imposition of additional penalt"

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m5 penalt" for habitual delin2uenc" is a real penalt" that determines &urisdiction n5 in imposing the additional penalt", recidivism is not aggravating. #he additional penalt" must be imposed in its minimum o5 an offender can be a habitual delin2uent w?o being a recidivist

/otes+ In no case shall be the total penalties imposed upon the offender exceed D? years

#he law does not appl" to crimes described in Art. 1884alarms and scandals5 #he imposition of the additional penalties on habitual delin2uents are constitutional, it is simpl" a punishment on future crimes on account of the criminal propensities of the accused. Habitual delin(uency applies at any stage of the execution because sub&ectivel", the offender reveals the same degree of depravit" or perversit" as the one who commits a consummated crime. Habitual delin(uency applies to all participants because it reveals persistence in them of the inclination to wrongdoing and of the perversit" of character that led them to commit the previous crime.

No"#6 There is no habitual delin,uency in offenses punished by special laws. #ourts cannot also take judicial notice of the previous convictions of the accused. 2acts of previous convictions must be established during the trial of the accused.

Art. A6. !ules for the application of indivisible penalties. K )n all cases in which the law prescri!es a single indivisible penalty. it shall !e applie# !" the courts regar#less of an" mitigating or aggravating circumstances that ma" have atten#e# the commission of the #ee#. )n all cases in which the law prescri!es a penalt" compose# of two indivisible penalties. the following rules shall !e o!serve# in the application thereof: 2. ,hen in the commission of the #ee# there is present onl" one aggravating circumstance. the greater penalt" shall !e applie#. 7. ,hen there are neither mitigating nor aggravating circumstances in the commission of the #ee#. the lesser penalt" shall !e applie#. 6. ,hen the commission of the act is atten#e# !" some mitigating circumstances an# there is no aggravating circumstance. the lesser penalt" shall !e applie#. <. ,hen !oth mitigating an# aggravating circumstances atten#e# the commission of the act. the court shall reasona!l" allow them to offset one another in consi#eration of their num!er an# importance. for the purpose of appl"ing the penalt" in accor#ance with the prece#ing rules. accor#ing to the result of such compensation.
Art /3 applies onl" when the penalt" prescribed b" the %ode is either one indivisible penalt" or 2 indivisible penalties

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-rticle 3) must be understood to mean and to refer only to ordinary mitigating circumstances. It does not refer to privileged mitigating circumstances.

General rule+ 'hen the penalt" is composed of ) indivisible penalties, the penalty cannot be lowered by one degree no matter how many mitigating circumstances are present Exception+ in cases of privileged mitigating circumstances 4ar.A+ the moral value rather than the numerical weight shall be taken into account Rules for the application of in#ivisi!le penalties Penalty is single and indivisible applied regardless of the presence of aggravating and mitigating circumstances
1. >ne aggravating circumstance present 2. >ne mitigating circumstance present

Penalty composed of two indivisible penalties higher penalt" lower penalt" lower

3. ,ome mitigating circumstances present and no aggravating

penalt"
4. +itigating and

ggravating *ircumstance are present

basis in number

and importance

Art. A<. !ules for the application of penalties which contain three periods& K )n cases in which the penalties prescri!e# !" law contain three perio#s. whether it !e a single #ivisi!le penalt" or compose# of three #ifferent penalties. each one of which forms a perio# in accor#ance with the provisions of Articles EA an# EE. the court shall o!serve for the application of the penalt" the following rules. accor#ing to whether there are or are not mitigating or aggravating circumstances: 2. ,hen there are neither aggravating nor mitigating circumstances. the" shall impose the penalt" prescri!e# !" law in its me#ium perio#. 7. ,hen onl" a mitigating circumstance is present in the commission of the act. the" shall impose the penalt" in its minimum perio#. 6. ,hen an aggravating circumstance is present in the commission of the act. the" shall impose the penalt" in its ma%imum perio#. <. ,hen !oth mitigating an# aggravating circumstances are present. the court shall reasona!l" offset those of one class against the other accor#ing to their relative weight. =. ,hen there are two or more mitigating circumstances an# no aggravating circumstances are present. the court shall impose the penalt" ne%t lower to that prescri!e# !" law. in the perio# that it ma" #eem applica!le. accor#ing to the num!er an# nature of such circumstances. A. ,hatever ma" !e the num!er an# nature of the aggravating circumstances. the courts shall not impose a greater penalt" than that prescri!e# !" law. in its ma%imum perio#. E. ,ithin the limits of each perio#. the court shall #etermine the e%tent of the penalt" accor#ing to the num!er an# nature of the aggravating an#
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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA mitigating circumstances an# the greater an# lesser e%tent of the evil pro#uce# !" the crime.

rt HB applies when the penalty has D periods because the" are divisible. (f the penalt" is composed of 3 different penalties, each forms a period according to Art .. 4ar A+ the mitigating circumstances must be ordinar", not privileged. #he aggravating circumstances must be generic or specific, not 2ualif"ing or inherent. 0xample6 a 2ualif"ing circumstance 4treacher"5 cannot be offset b" a generic mitigating circumstance 4voluntar" circumstance5

#he court has discretion to impose the penalt" within the limits fixed b" law rt HB not applicable when the penalt" is indivisible or prescribed b" special law or a fine Rules for the application of #ivisi!le penalties No aggravating and no mitigating circumstances

medium period

>ne mitigating circumstance >ne aggravating circumstance

minimum period maximum period

+itigating and aggravating circumstance offset each other and according to relative weight

) or more mitigating without any aggravating circumstance

on degree

lower If in the commission of the crime, one aggravating circumstance is present, and four mitigating circumstances are likewise left, the offsetting of one aggravating circumstance will not entitle the accused to a reduction of his penalty by one degree. Jou will only lower the penalty by one degree if it is divisible and there is absolutely no aggravating circumstance.
"enalty for murder under the 1evised "enal *ode is reclusion temporal maximum to death. ,o, the penalty would be reclusion temporal maximum / reclusion perpetua / death. This penalty made up of three periods.

Art. A=.

!ule in cases in which the penalty is not composed of three

periods& K )n cases in which the penalt" prescri!e# !" law is not compose#
of three perio#s. the courts shall appl" the rules containe# in the foregoing articles. #ivi#ing into three e$ual portions of time inclu#e# in the penalt" prescri!e#. an# forming one perio# of each of the three portions.
C!'4:TATI!/1+ A. Example+ 4rision 'ayor ,) yrs $ day to $" yrs2) su!tract the minimum (#isregar# 2 #a") from the ma%imum 12"rs /"rs Q / "rs 7) #ivi#e the #ifference !" 6 / "rs ? 3 Q 2 "rs 6) use the minimum (A "rs an# 2 #a") as the minimum of the minimum perio#. Then a## the 7 "rs (#isregar#ing the 2 #a") to the minimum to get the ma%imum of the minimum / "rs 4minimum of the minimum5 R 2 "rs 4difference5 $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ B "rs 4maximum of the minimum5.

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#herefore, minimum period of prision mayor- H yrs & day to @ yrs <) use the ma%imum of the minimum perio# as the minimum of the me#ium perio# an# a## 2 #a" to #istinguish from the minimum perio#. Then a## 7 "ears to the minimum of the me#ium (#isregar#ing the 2 #a") to get the ma%imum of the me#ium perio#. B "rs 4minimum of the medium5 R 2 "rs 4difference5 $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 1; "rs 4maximum of the medium5 #herefore, medium period of prision mayor- @ yrs & day to &? yrs =) use the ma%imum of the me#ium perio# as the minimum of the ma%imum p#. a## 2 #a" to #istinguish it from the me#ium perio#. Then a## 7 "rs to the minimum of the ma%imum p# (#isregar#ing the 2 #a") to get the ma%imum of the ma%imum perio#) 1; "rs 4maximum of the medium5 R 2 "rs 4difference5 $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 12 "rs 4maximum of the maximum5 #herefore, maximum period of prision mayor- &? yrs & day to &) yrs "omputation above applicable to all others except arresto mayor B. Example+ 4rision 'ayor minimum ,) yrs $ day to # yrs- only 2) 'u!tract minimum from the ma%imum B"rs /"rs Q 2 "rs 7) -ivi#e the #ifference !" 6 2"rs ? 3 Q B months 6) /se the minimum of the given e%ample as the minimum perio#. Then to get to get the ma%imum of the minimum. a## the F months / "rs R B months Q / "rs and B months #herefore, minimum of prision mayor minimum- H yrs & day to H yrs @ months <) /se the ma%imum of the minimum as the minimum of the me#ium perio#. A## 2 #a" to #istinguish it from the ma%imum of the minimum. A## the F months an# this !ecomes the ma%imum of the me#ium / "rs B months R B months Q . "rs 4 months #herefore, the medium period of prision mayor minimum- H yrs @ mos & day to C yrs B mos =) /se the ma%imum of the me#ium as the minimum perio# of the ma%imum perio# an# a## 2 #a" to #istinguish. A## the F months to get the ma%imum of this ma%imum . "rs 4 mos R B mos Q B "rs #herefore, maximum of prision mayor- C yrs B mos & day to @ yrs

Act +o. <G26 ()+- T R&)+AT ' +T +C LA,). as amen#e#


Three things to 2now about the Indeterminate 1entence ?aw+ 415 425 435 (ts purpose1 (nstances when it does not appl"1 and 0ow it operates

Indeterminate ,entence 9aw governs whether the crime is punishable under the 1evised "enal *ode or a special 9aw. (t is not limited to violations of the -evised !enal %ode. It applies only when the penalty served is imprisonment. (f not b" imprisonment, then it does not appl".

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Purpose
#he purpose of the (ndeterminate 3entence law is to avoid prolonged imprisonment, because it is proven to be more destructive than constructive to the offender. 3o, the purpose of the (ndeterminate 3entence >aw in shortening the possible detention of the convict in &ail is to save valuable human resources. (n other words, if the valuable human resources were allowed prolonged confinement in &ail, the" would deteriorate. !urpose is to preserve economic usefulness for these people for having committed a crime $$ to reform them rather than to deteriorate them and, at the same time, saving the government expenses of maintaining the convicts on a prolonged confinement in &ail. (f the crime is a violation of the -evised !enal %ode, the court will impose a sentence that has a minimum and maximum. The maximum of the indeterminate sentence will be arrived at by ta#ing into account the attendant mitigating andJor aggravating circumstances according to rticle HB of the 1evised "enal *ode. In arriving at the minimum of the indeterminate sentence, the court will ta#e into account the penalty prescribed for the crime and go one degree lower . 'ithin the range of one degree lower, the court will fix the minimum for the indeterminate sentence, and within the range of the penalt" arrived at as the maximum in the indeterminate sentence, the court will fix the maximum of the sentence. If there is a privilege mitigating circumstance which has been ta#en in consideration in fixing the maximum of the indeterminate sentence, the minimum shall be based on the penalty as reduced by the privilege mitigating circumstance within the range of the penalty next lower in degree. (f the crime is a violation of a special law, in fixing the maximum of the indeterminate sentence, the court will impose the penalty within the range of the penalty prescribed by the special law, as long as it will not exceed the limit of the penalty. In fixing the minimum, the court can fix a penalty anywhere within the range of penalty prescribed by the special law, as long as it will not be less than the minimum limit of the penalty under said law. Bo mitigating and aggravating circumstances are ta%en into account& The minimum and the maximum referred to in the Indeterminate ,entence 9aw are not periods. 3o, do not say maximum or minimum period. 7or the purposes of the indeterminate 3entence >aw, use the term minimum to refer to the duration of the sentence which the convict shall serve as a minimum, and when we sa" maximum, for purposes of (3>A', we refer to the maximum limit of the duration that the convict ma" be held in &ail. 'e are not referring to an" period of the penalt" as enumerated in Article .1. %ourts are re2uired to fix a minimum and a maximum of the sentence that the" are to impose upon an offender when found guilt" of the crime charged. 3o, whenever the (ndeterminate 3entence >aw is applicable, there is alwa"s a minimum and maximum of the sentence that the convict shall serve. If the crime is punished by the 1evised "enal *ode, the law provides that the maximum shall be arrived at b" considering the mitigating and aggravating circumstances in the commission of the crime according to the proper rules of the -evised !enal %ode. #o fix the maximum, consider the mitigating and aggravating circumstances according to the rules found in Article /4. This means / 415 425 435 445 485 !enalties prescribed b" the law for the crime committed shall be imposed in the medium period if no mitigating or aggravating circumstance1 (f there is aggravating circumstance, no mitigating, penalt" shall be imposed in the maximum1 (f there is mitigating circumstance, no aggravating, penalt" shall be in the minimum1 (f there are several mitigating and aggravating circumstances, the" shall offset against each other. 'hatever remains, appl" the rules. (f there are two or more mitigating circumstance and no aggravating circumstance, penalt" next lower in degree shall be the one imposed.

!ule under #rt 9J shall apply in determining the maximum but not in determining the minimum. In determining the applicable penalty according to the Indeterminate ,entence 9aw, there is no need to mention the number of "ears, months and da"s1 it is enough that the name of the penalt" is mentioned while the (ndeterminate 3entence >aw is applied. To fix the minimum and the maximum of the sentence, penalt" under the -evised !enal %ode is not the penalt" to be imposed b" court because the court must appl" the (ndeterminate 3entence >aw. The attendant mitigating andJor aggravating circumstances in the commission of the crime are ta#en into

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consideration only when the maximum of the penalty is to be fixed. $ut in so far as the minimum is concerned, the basis of the penalty prescribed by the 1evised "enal *ode, and go one degree lower than that. =ut penalt" one degree lower shall be applied in the same manner that the maximum is also fixed based onl" on ordinar" mitigating circumstances. #his is true onl" if the mitigating circumstance taken into account is onl" an ordinar" mitigating circumstance. If the mitigating circumstance is privileged, you cannot follow the law in so far as fixing the minimum of the indeterminate sentence is concerned- otherwise, it may happen that the maximum of the indeterminate sentence is lower than its minimum. (n one 3upreme %ourt ruling, it was held that for purposes of appl"ing the (ndeterminate 3entence >aw, the penalt" prescribed b" the -evised !enal %ode and not that which ma" be imposed b" court. #his ruling, however, is obviousl" erroneous. #his is so because such an interpretation runs contrar" to the rule of pro reo, which provides that the penal laws should alwa"s be construed an applied in a manner liberal or lenient to the offender. Therefore, the rule is, in applying the Indetermiante ,entence 9aw, it is that penalty arrived at by the court after applying the mitigating and aggravating circumstances that should be the basis. %rimes punished under special law carr" onl" one penalt"1 there are no degree or periods. Moreover, crimes under special law do not consider mitigating or aggravating circumstance present in the commission of the crime. 3o in the case of statutor" offense, no mitigating and no aggravating circumstances will be ta2en into account. Iust the same, courts are re2uired in imposing the penalt" upon the offender to fix a minimum that the convict should serve, and to set a maximum as the limit of that sentence. :nder the law, when the crime is punished under a special law, the court may fix any penalty as the maximum without exceeding the penalty prescribed by special law for the crime committed. In the same manner, courts are given discretion to fix a minimum anywhere within the range of the penalty prescribed by special law, as long as it will not be lower than the penalty prescribed. 3is.ualification may be divided into three according to 7 415 425 435 #he time committed1 #he penalt" imposed1 and #he offender involved.

The Indeterminate 1entence ?aw shall not apply to+ 415 425 435 445 485 4/5 4.5 4B5 !ersons convicted of offense punishable with death penalt" or life imprisonment1 !ersons convicted of treason, conspirac" or proposal to commit treason1 !ersons convicted of misprision of treason, rebellion, sedition, espionage1 !ersons convicted of pirac"1 !ersons who are habitual delin2uents1 !ersons who shall have escaped from confinement or evaded sentence1 #hose who have been granted conditional pardon b" the %hief 6xecutive and shall have violated the term thereto1 #hose whose maximum term of imprisonment does not exceed one "ear4 consider the maximum term not the minimum term5, but not to those already sentenced by final judgment at the time of the approval of Indeterminate ,entence 9aw. Those sentenced to destiero or suspension% this are not punishable by imprisonment '.

%A'

lthough the penalty prescribed for the felony committed is death or reclusion perpetua, if after considering the attendant circumstances, the imposable penalty is reclusion temporal or less, the Indeterminate ,entence 9aw applies %People v& "empron, 2F? )"!# 4?F'.

+ecidivists entitled to the availment of the Indeterminate 7entence 8aw since those dis,ualified are @abitula delin,uents. (People vs& enus, 95 Phil& J5>)

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!hen the accused escaped from jail while his case was on appeal, he is not entitled to the benefits of the Indeterminate 7entence 8aw. (People vs& Aartinado, 42J )"!# ?24) - youthful offender whose sentence is suspended under 7ec. &=( of ".B. 34) and who escaped from his confinement is still entitled to the application of the Indeterminate 7entence 8aw. The same is true with an accused confined in the Gational #enter for <ental @ealth *formerly Gational <ental @ospital% since their confinement cannot be considered punishment but more of administrative matters for their rehabilitation. (People vs& )oler, 95 Phil& F9F) - person sentenced to destierro who entered the prohibited area within the prohibited period has evaded the service of his sentence (People vs& #bilog, F4 Phil& 2?J) and when he committed a crime in that area, he will not be entitled to the benefits of the Indeterminate 7entence 8aw for the new crime. K I78 should not be applied when it is unfavorable to the accused. K I78 does not apply to non-divisible penalties. R#aso* 1o% "$# ISL )a9 a*, )'*6 so that the prisoner could be released on parole after serving the minimum sentence and could be rearrested to serve the maximum.

Illust!ations%

=4 No )'"'2a"'*2, a22%a(a"'*2, o% "$# -'%-!)s"a*-#s 7#%# o11s#"

$xample. crime is punishable by reclusion temporal "homicide$ I0L ma# 5 +T medium I0L min 5 "< any period *discretion of the judge% >4 O*# )'"'2a"'*2 I0L ma# 5 +T minimum I0L min 5 "< any period *discretion of the judge% 111 The mitigating circumstance shall be considered only in the imposition of the maximum term of the sentence ?4 O*# a22%a(a"'*2 I0L ma# 5 +T maximum I0L min 5 "<, any period @4 T7o )'"'2a"'*2, o*# a22%a(a"'*2 I0L ma# 5 +T minimum because after offsetting one mitigating and one aggravating, only one mitigating will be left. I0L min 5 "<, any period A4 Co)0 #9 -%')#

$xample. homicide with assault @omicide 5 +T -ssault 5 "# 111 +emember that complex crimes are punishable by the more severe penalty of the two crimes to imposed in its max period. Therefore, I0L ma# 5 +T max I0L min 5 "<, any period

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


$xample. frustrated homicide with assault *being frustrated, one degree lower% I0L ma# 5 "< max I0L min - "#, any period 3. -rt. (>( says that the crime of 2%a(# "$%#a"s is punishable by a penalty lower by two degrees than that prescribed by law for the crime threatened. $xample. - threatened to kill 1. @omicide is punishable by +T. 7ince - is liable only for threats of homicide, he shall be punished by prision correctional. If there is an aggravating circumstance *relationship of - to 1, for example% then the maximum period shall attach to the penalty *"#% only after lowering by ( degrees. I0L ma# 5 "# max *with aggravating% IL0 min 5 -< any period B4 Co)0 #9 -%')# 7'"$ "7o )'"'2a"'*2, *o a22%a(a"'*2

2or purposes of I78, the penalty next lower should be determined without due regard as to whether the basic penalty provided by the #ode should be applied in its max or min period as circumstances modifying liability may re,uire. @owever *as an exemption%, whether the number of the mitigating is such as to entitle the accused to the penalty next lower in degree, this penalty in the I78 should be starting point for the determination of the next lower in degree *I78 min%. 2or instance, if the more serious offense in the complex crime is punishable by prision mayor, the whole of prision mayor should be considered for the purposes of determining the penalty next lower in degree 5 GOT prision mayor max which is the usual rule. 7o now, we lower it by one degree because of the two mitigating 5 the I0L ma# will be "# max *max because it9s a complex crime%. I0L min will be -< any period. C4 A 0%'(' #2#, )'"'2a"'*2 a*, a* o%,'*a%& )'"'2a"'*2

!hen there is a privileged mitigating *minority or incomplete self-defense% and an ordinary mitigating *plea of guilty or voluntary surrender%, the %! # is. 0ower first the penalty prescribed by the Code by one degree *because of the privileged mitigating%. This will be the max of the I78 and the penalty next lower will be the minimum of the I78. 1+ample: -, a minor, pleaded guilty to murder. <urder is punishable by +T max to death. 222 There being a privileged mitigating circumstance of minority, the penalty should be one degree lower. KKK There is also an ordinary mitigating circumstance *plea of guilty%, so the lowered penalty will be imposed in its minimum period which is "< max I78 max 5 "< max I78 min 5 any period between "# max to "< med D4 T7o 0%'(' #2#, )'"'2a"'*2 a*, o%,'*a%& )'"'2a"'*2 -'%-!)s"a*-#

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1+ample: -, a minor, killed 1 in self-defense but - did not employ reasonable means. - surrendered to the authorities. The penalty of homicide is +T. I0L ma# 5 "# min There are & privileged mitigating namely minority and incomplete selfdefense so 3T should be lowered by & degrees "/C$. It should li*ewise be imposed in the minimum because of the ordinary mitigating of voluntary surrender. I0L min 5 -< any period =E4 I*-o)0 #"# ,#1#*s#, *o )'"'2a"'*2, *o a22%a(a"'*2

To determine the I0L ma# /nlawful aggression only - ordinary mitigating /nlawful aggression plus one other re,uisite 5 & degree lower I0L min 5 penalty next lower to the above ==4 I*-o)0 #"# s# 1:,#1#*s#, )'"'2a"'*2, *o a22%a(a"'*2 0 !s > o%,'*a%&

$xample. - killed 1 in self-defense. 1ut means used was not reasonable. @owever, there were ( ordinary mitigating. - acted with obfuscation and he surrendered The penalty for homicide is +T, +T should be lowered by & degree for incomplete self-defense *unlawful aggression and no provocation from -%, making it prision mayor. This should be further reduced by one degree because of ( ordinary mitigating without any aggravating, making it "#. I0L ma# 5 "# med I0L min 5 -< any period

=>4

M!%,#% 7'"$ > o% )o%# )'"'2a"'*2, *o a22%a(a"'*2

#ode punishes murder with 3T ma+ to death. If for instance, there was voluntary surrender and plea of guilty, the penalty should be lowered by one degree, there being ( mitigating. One degree lower to B< max to +T medium *refer to scale in Go.>%. This should be subdivided into ) periods. The I78 max would be then the medium period of "< max to +T med which is &( yrs, ? mos, && days to &0 yrs, &4 mos, (4 days. The I78 min would be anywhere within "# max to "< medium *refer to scale% =?4 Robb#%& '* !*'*$ab'"#, $o!s#

This crime is punishable by +T. If the offender is not armed and the stolen thing is less than (?4 pesos, it should be lowered by one degree which is "< in its minimum period. The penalty is to be imposed in the medium period, there no aggravating nor mitigating. The I78 max should then be to the "< min. If unde! s$e"ial la ' no modifying circumstance is taken into account unless specially provided for by the law ' the basis of the application of the I78 is the :penalty actually imposed; and not that imposable by law

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Presi#ential -ecree +o. 5AF (PR0(AT)0+ LA,)


4robation 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, under such terms and conditions that the court may fix. #his ma" be availed of before the convict begins serving sentence b" final &udgment and provided that he did not appeal an"more from conviction.

The ff* a!e dis2ualified% &. those sentenced to a max of term of imprisonment of more than 3 years (. those convicted of subversion or any crime against national security or public order ). those who were previously convicted by final judgment of an offense punished by imprisonment of not less than & month and & day andLor fine of not more than (44 0. ?. those who have been once on probation those already serving sentence

'ithout regard to the nature of the crime, only those whose penalty does not exceed six years of imprisonment are those (ualified for probation. (f the penalt" is six "ears plus one da", he is no longer 2ualified for probation. 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, the basis for determining whether the penalty dis(ualifies 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. 3o even if the prison term would sum up to more than six "ears, if none of the individual penalties exceeds six "ears, the offender is not dis2ualified b" such penalt" from appl"ing for probation. <n the other hand, without regard to the penalt", those who are convicted of subversion or any crime against the public order are not (ualified for probation. 3o know the crimes under #itle (((, =ook 2 of the -evised !enal %ode. Among these crimes is larms and ,candals, the penalt" of which is onl" arresto menor or a fine. :nder the amendment to the "robation 9aw, those convicted of a crime against public order regardless of the penalty are not (ualified for probation. +ay a recidivist be given the benefit of "robation 9aw; s a general rule, N> 0xception6 If the earlier conviction refers to a crime the penalty of which does not exceed D? days imprisonment or a fine of not more than ")??.?? % rresto +enor', such convict is not dis(ualified of the benefit of probation. 3o even if he would be convicted subse2uentl" of a crime embraced in the same title of the -evised !enal %ode as that of the earlier conviction, he is not dis2ualified from probation provided that the penalt" of the current crime committed does not go be"ond six "ears and the nature of the crime committed b" him is not against public order, national securit" or subversion. Although a person ma" be eligible for probation, the moment he perfects an appeal from the judgment of conviction, he cannot avail of probation anymore. 3o the benefit of probation must be invoked at the earliest instance after conviction. 0e should not wait up to the time when he interposes an appeal or the sentence has become final and executor". #he idea is that probation has to be invoked at the earliest opportunit". n application for probation is exclusively within the jurisdiction of the trial court that renders the judgment. 7or the offender to appl" in such court, he should not appeal such judgment. >nce he appeals, regardless of the purpose of the appeal, he will be dis2ualified from appl"ing for !robation, even though he ma" thereafter withdraw his appeal. If the offender would appeal the conviction of the trial court and the appellate court reduced the penalty to say, less than six years, that convict can still file an application for probation, because

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the earliest opportunity for him to avail of probation came only after judgment by the appellate court. .hether a convict who is otherwise (ualified for probation may be given the benefit of probation or not, the courts are always re(uired to conduct a hearing. (f the court denied the application for probation without the benefit of the hearing, where as the applicant is not dis2ualified under the provision of the !robation >aw, but onl" based on the report of the probation officer, the denial is correctible b" certiorari, because it is an act of the court in excess of &urisdiction or without &urisdiction, the order den"ing the application therefore is null and void. "robation is intended to promote the correction and rehabilitation of an offender b" providing him with individuali+ed treatment1 to provide an opportunit" for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence1 to prevent the commission of offenses1 to decongest our &ails1 and to save the government much needed finance for maintaining convicts in &ail "robation is only a privilege. 3o even if the offender ma" not be dis2ualified of probation, "et the court believes that because of the crime committed it was not advisable to give probation because it would depreciate the effect of the crime, the court ma" refuse or den" an application for probation. 7enerally, the courts do not grant an application for probation for violation of the 8angerous 8rugs 9aw, because of the prevalence of the crime. 3o it is not along the purpose of probation to grant the convict the benefit thereof, &ust the individual rehabilitation of the offender but also the best interest of the societ" and the communit" where the convict would be sta"ing, if he would be released on probation. #o allow him loose ma" bring about a lack of respect of the members of the communit" to the enforcement of penal law. (n such a case, the court even if the crime is probationable ma" still den" the benefit of probation. *onsider not only the probationable crime, but also the probationable penalty. (f it were the non$ probationable crime, then regardless of the penalt", the convict cannot avail of probation. 7enerally, the penalty which is not probationable is any penalty exceeding six years of imprisonment. !ffenses which are not probationable are those against natural security, those against public order and those with reference to subversion. "ersons who have been granted of the benefit of probation cannot avail thereof for the second time. !robation is onl" available once and this ma" be availed onl" where the convict starts serving sentence and provided he has not perfected an appeal. (f the convict perfected an appeal, he forfeits his right to appl" for probation. s far as offenders who are under preventive imprisonment, that because a crime committed is not bailable or the crime committed, although bailable, the" cannot afford to put up a bail, upon promulgation of the sentence, naturall" he goes back to detention, that does not mean that the" alread" start serving the sentence even after promulgation of the sentence, sentence will onl" become final and executor" after the lapse of the 18$da" period, unless the convict has waived expressl" his right to appeal or otherwise, he has partl" started serving sentence and in that case, the penalt" will alread" be final and exeuctor", no right to probation can be applied for. 4robation shall be denied if the court finds+ 415 425 435 #hat the offender is in need of correctional treatment that can be provided most effectivel" b" his commitment to an institution1 #hat there is undue risk that during the period of probation the offender will commit another crime1 or !robation will depreciate the seriousness of the crime.

The probation law imposes two 2inds of conditions+ 415 425 Mandator" conditions1 and 9iscretionar" conditions.

'andatory conditions+ 415 #he convict must report to the !robation <fficer 4!<5 designated in the court order approving his application for !robation within .2 hours from receipt of )otice of such order approving his application1 and

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425 #he convict, as a probationer, must report to the !< at least once a month during the period of probation unless sooner re2uired b" the !<.

These conditions being mandatory, the moment any of these is violate, the probation is cancelled. 3iscretionary conditions+ The trial court which approved the application for probation may impose any condition which may be constructive to the correction of the offender, provided the same would not violate the constitutional rights of the offender and subject to this two restrictions6 %&' the conditions imposed should not be unduly restrictive of the probationer- and %)' such condition should not be incompatible with the freedom of conscience of the probationer

P!o"edu!e of P!obation% &. trial court gives a sentence *one that ,ualifies you to apply for probation% (. within the period for filing an appeal, must apply for probation in the trial court. If already filed an appeal. -s long as records haven9t reached appellate courts, must withdraw to apply for probation. -pplying for probation means waiver of +T to appeal. ). upon application, trial court to suspend execution of sentence. 1ut does not mean already on probation 0. judge to order probation officer to investigate case*whether ,ualified, character antecedents, environment, mental and physical condition and available institutional and community resources% Officer to submit report not later than 34 days. #ourt to give decision not later than &? days after receipt of report. "ending investigation, may be released under bail. Go bail filed, can be released on the custody of a responsible member of the community. ?. the judge may grant the application or not

4ranted 5 released subject to certain conditions. Two important re,uirements. *&% present self to probation officer within D( hours from receipt of order *(% you will report to said officer at least once a month at such time and place as specified by the officer. Other conditions are special and discretionary and are provided in 7ec. &4 of the "robation 8aw. Once granted, accessory penalties are deemed suspended. 5enied 5 reasons of the court may be. &. that you need correctional treatment (. there is undue risk that you will commit another crime ). probation may depreciate the seriousness of the offense 3. an order granting or denying probation is GOT appealable

6. probation will last according to the ff: a. if sentence is not more than & year, probation shall not exceed ( years b. if sentence is more than & year, probation shall not exceed 3 years c. if sentence is fine with subsidiary imprisonment, probation shall be twice the days of subsidiary >. "robationer may be arrested at anytime during probation if there was a serious violation of the conditions. If revoked, must serve the sentence originally imposed. #ourt9s order not appealable.
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=. "robation ends after the court, basing on the probation9s officer9s report, orders final discharge. -ll civil rights will be restored. "ay fine for the original crime. 111 $xpiration of the probation period does not automatically terminate probation. <ust have court order.

Art. AA. Imposition of fines& K )n imposing fines the courts ma" fi% an" amount within the limits esta!lishe# !" law; in fi%ing the amount in each case attention shall !e given. not onl" to the mitigating an# aggravating circumstances. !ut more particularl" to the wealth or means of the culprit.
Court must consider the following in imposing the fine+ a5 mitigating and aggravating circumstances b5 the wealth and means of the culprit 'hen the minimum of the fine is not fixed, the court shall have the discretion provided it does not exceed the amount authori+ed b" law

it is not only the mitigating andJor aggravating circumstances that the court shall ta#e into consideration, but primarily, the financial capability of the offender to pay the fine.

If the fine imposed by the law appears to be excessive, the remedy is to ask the #ongress to amend the law by reducing the fine to a reasonable amount.

Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of #rticle 24 are present.K ,hen all the con#itions
Art. AE. re$uire# in circumstances +um!er < of Article 27 of this Co#e to e%empt from criminal lia!ilit" are not present. the penalt" of arresto ma"or in its ma%imum perio# to prision correccional in its minimum perio# shall !e impose# upon the culprit if he shall have !een guilt" of a grave felon". an# arresto ma"or in its minimum an# me#ium perio#s. if of a less grave felon".
Re$uisites of Art 27 par <(Acci#ent) a5 act causing the in&ur" must be lawful b5 c5 d5 act performed w? due care in&ur" was caused b" mere accident no fault or intention to cause in&ur"

if these conditions are not all present then the ff penalties shall be imposed+ a5 grave felony arresto ma"or max to prision correccional min
b5

less grave felony

arresto ma"or min to arresto ma"or med

Art. AF. Penalty to be imposed upon a person under eighteen years of age& K ,hen the offen#er is a minor un#er eighteen "ears an# his case is one coming un#er the provisions of the paragraphs ne%t to the last of Article FG of this Co#e. the following rules shall !e o!serve#: 2. /pon a person un#er fifteen !ut over nine "ears of age. who is not e%empte# from lia!ilit" !" reason of the court having #eclare# that he acte# with #iscernment. a #iscretionar" penalt" shall !e impose#. !ut

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA alwa"s lower !" two #egrees at least than that prescri!e# !" law for the crime which he committe#. 7. /pon a person over fifteen an# un#er eighteen "ears of age the penalt" ne%t lower than that prescri!e# !" law shall !e impose#. !ut alwa"s in the proper perio#.
/otes+ Art. /B applies to such minor if his application for suspension of sentence is disapproved or if while in the reformator" institution he becomes incorrigible in which case he shall be returned to the court for the imposition of the proper penalt". Art. )# provides for " privileged mitigating circumstances under &F but over A and has acted wJ discerment* 2 degrees lower

under &@ but over &F* 1 degree lower

If the act is attended by two or more mitigating circumstance and no aggravating circumstance, the penalt" being divisible a minor over 18 but under 1B ma" still get a penalt" two degrees lower.

Art. A5.

Penalty to be imposed when the crime committed is not wholly

excusable& K A penalt" lower !" one or two #egrees than that prescri!e# !"
law shall !e impose# if the #ee# is not wholl" e%cusa!le !" reason of the lac3 of some of the con#itions re$uire# to :ustif" the same or to e%empt from criminal lia!ilit" in the several cases mentione# in Article 22 an# 27. provi#e# that the ma:orit" of such con#itions !e present. The courts shall impose the penalt" in the perio# which ma" !e #eeme# proper. in view of the num!er an# nature of the con#itions of e%emption present or lac3ing.
Penalt" to !e impose# when the crime committe# is not wholl" e%cusa!le & or ) degrees lower if the majority of the conditions for justification or exemption in the cases provided in rts. && and &) are present.

Art. EG. )uccessive service of sentence. K ,hen the culprit has to serve two or more penalties. he shall serve them simultaneousl" if the nature of the penalties will so permit otherwise. the following rules shall !e o!serve#: )n the imposition of the penalties. the or#er of their respective severit" shall !e followe# so that the" ma" !e e%ecute# successivel" or as nearl" as ma" !e possi!le. shoul# a par#on have !een grante# as to the penalt" or penalties first impose#. or shoul# the" have !een serve# out. >or the purpose of appl"ing the provisions of the ne%t prece#ing paragraph the respective severit" of the penalties shall !e #etermine# in accor#ance with the following scale: 2. 7. 6. <. =. A. E. F. -eath. Reclusion perpetua. Reclusion temporal. Prision ma"or. Prision correccional. Arresto ma"or. Arresto menor. -estierro.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA 5. Perpetual a!solute #is$ualification. 2G Temporal a!solute #is$ualification. 22. 'uspension from pu!lic office. the right to vote an# !e vote# for. the right to follow a profession or calling. an# 27. Pu!lic censure. +otwithstan#ing the provisions of the rule ne%t prece#ing. the ma%imum #uration of the convictLs sentence shall not !e more than three8fol# the length of time correspon#ing to the most severe of the penalties impose# upon him. +o other penalt" to which he ma" !e lia!le shall !e inflicte# after the sum total of those impose# e$uals the same ma%imum perio#. 'uch ma%imum perio# shall in no case e%cee# fort" "ears. )n appl"ing the provisions of this rule the #uration of perpetual penalties ( penal perpetua) shall !e compute# at thirt" "ears. (#s amended by "#N42?)&
-rt. D4 refers to service of sentence. It is therefore addressed to the jail warden or to the director of prisons. The court or the judge has no power to implement -rticle D4 because the provision is not for the imposition of penalties. If the penalty by their very nature can be served simultaneously, then it must be so served.

'aximum duration of the convictLs sentence+ D times the most severe penalty +ax period shall not exceed B? years 1ubsidiary imprisonment this shall be excluded in computing for the maximum duration 0xample6 Iuan has 1; sentences of / months and 1 da" each and a fine of 1;;;. 0e was not able to pa" the fine. #herefore, he must serve subsidiar" penalt" after 1B months and 3 da"s in &ail.

The Three-9old *ule Ander this rule, when a convict is to serve successive penalties, he will not actually serve the penalties imposed by law. (nstead, the most severe of the penalties imposed on him shall be multiplied by three and the period will be the only term of the penalty to be served by him. 0owever, in no case should the penalty exceed B? years. If the sentences would be served simultaneously, the #hree$7old rule does not govern. Although this rule is known as the #hree$7old rule, "ou cannot actuall" appl" this if the convict is to serve onl" three successive penalties. The Three=Fold 1ule can only be applied if the convict is to serve four or more sentences successively. #he chronolog" of the penalties as provided in Article .; of the -evised !enal %ode shall be followed. It is in the service of the penalty, not in the imposition of the penalty, that the Three=Fold rule is to be applied. #he three$7old rule will appl" whether the sentences are the product of one information in one court, whether the sentences are promulgated in one da" or whether the sentences are promulgated b" different courts on different da"s. .hat is material is that the convict shall serve more than three successive sentences. For purposes of the Three=Fold 1ule, even perpetual penalties are ta#en into account. 3o not onl" penalties with fixed duration, even penalties without an" fixed duration or indivisible penalties are taken into account. For purposes of the Three=Fold rule, indivisible penalties are given e2uivalent of 3; "ears. If the penalty is perpetual dis(ualification , it will be given and e2uivalent duration of 3; "ears, so that if he will have to suffer several perpetual dis2ualification, under the #hree$7old rule, "ou take the most severe and multipl" it b" three. The Three=Fold rule does not apply to the penalty prescribed but to the penalty imposed as determined by the court.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


Illustration6 !enalties imposed are <ne prision correcional <ne arresto ma"or <ne prision ma"or minimum 2 "ears and 4 months

$ 1 month and 1 da" to / months $ / "ears and 1 da" to 12 "ears

9o not commit the mistake of appl"ing the #hree$ 7old -ule in this case. Never apply the Three= Fold rule when there are only three sentences. 6ven if "ou add the penalties, "ou can never arrive at a sum higher than the product of the most severe multiplied b" three. #he common mistake is, if given a situation, whether the #hree$7old -ule could be applied. (f asked, if "ou were the &udge, what penalt" would "ou impose, for purposes of imposing the penalt", the court is not at libert" to appl" the #hree$7old -ule, whatever the sum total of penalt" for each crime committed, even if it would amount to 1,;;; "ears or more. It is only when the convict is serving sentence that the prison authorities should determine how long he should stay in jail. This rule will apply only if sentences are to be served successively.

Art. E2. 7raduated scales. K )n the case in which the law prescri!e# a penalt" lower or higher !" one or more #egrees than another given penalt". the rules prescri!e# in Article A2 shall !e o!serve# in gra#uating such penalt". The lower or higher penalt" shall !e ta3en from the gra#uate# scale in which is comprise# the given penalt". The courts. in appl"ing such lower or higher penalt". shall o!serve the following gra#uate# scales:

'CAL +0. 2
2. 7. 6. <. =. A. E. F. 5. 2G. 2. 7. 6. <. =. -eath. Reclusion perpetua. Reclusion temporal. Prision ma"or. Prision correccional. Arresto ma"or. -estierro. Arresto menor. Pu!lic censure. >ine. Perpetual a!solute #is$ualification. Temporal a!solute #is$ualification 'uspension from pu!lic office. the right to vote an# !e vote# for. the right to follow a profession or calling. Pu!lic censure. >ine.

'CAL +0. 7

Art. E7. Preference in the payment of the civil liabilities. K The civil lia!ilities of a person foun# guilt" of two or more offenses shall !e satisfie# !" following the chronological or#er of the #ates of the :u#gments ren#ere# against him. !eginning with the first in or#er of time.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


the penalties shall be satisfied according to the scale of rt C?

Art. E6. Presumption in regard to the imposition of accessory penalties& K ,henever the courts shall impose a penalt" which. !" provision of law. carries with it other penalties. accor#ing to the provisions of Articles <G. <2. <7. <6 an# << of this Co#e. it must !e un#erstoo# that the accessor" penalties are also impose# upon the convict.

subsidiary penalties are deemed imposed. 0owever, the subsidiary imprisonment must be expressly stated in the decision.

The rule that the principal penalty imposed carries with it the accessory penalties does not mean that the accused would serve subsidiary imprisonment in case he is not able to pay the pecuniary liabilities imposed in the judgment. 7ubsidiary imprisonment must be expressly ordered.

Art. E<. Penalty higher than reclusion perpetua in certain cases. K )n cases in which the law prescri!es a penalt" higher than another given penalt". without speciall" #esignating the name of the former. if such higher penalt" shoul# !e that of #eath. the same penalt" an# the accessor" penalties of Article <G. shall !e consi#ere# as the ne%t higher penalt".

if the decision or law sa"s higher than -! or 2 degrees than -#, then the penalt" imposed is -! or -# as the case ma" be. 3eath must be designated by name. However, for the other penalties, this does not appl". 0xample* the penalt" for crime F is 2 degrees lower than -!. #he penalt" imposed is prision ma"or.

Art. E=. Increasing or reducing the penalty of fine by one or more degrees& K ,henever it ma" !e necessar" to increase or re#uce the penalt" of fine !" one or more #egrees. it shall !e increase# or re#uce#. respectivel". for each #egree. !" one8fourth of the ma%imum amount prescri!e# !" law. without however. changing the minimum. The same rules shall !e o!serve# with regar# of fines that #o not consist of a fi%e# amount. !ut are ma#e proportional.
To get the lower degree+ +ax6 reduce b" one$fourth

+in6 the same

'ith respect to the penalt" of fine, if the fine has to be lowered b" degree either because the felon" committed is onl" attempted or frustrated or because there is an accomplice or an accessor" participation, the fine is lowered b" deducting 1?4 of the maximum amount of the fine from such maximum without changing the minimum amount prescribed b" law. Illustration6 If the penalty prescribed is a fine ranging from ")??.?? to "F??.??, but the felony is frustrated so that the penalty should be imposed one degree lower, &JB of "F??.?? shall be deducted therefrom. This is done by deducting "&)F.?? from "F??.??, leaving a difference of "DCF.??. The penalty one degree lower is "DCF.??. To go another degree lower, "&)F.?? shall again be deducted from "DCF.?? and that would leave a difference of ")F?.??. Hence, the penalty another degree lower is a fine ranging from ")??.?? to ")F?.??. If at all, the fine has to be lowered further, it cannot go lower than ")??.??. ,o, the fine will be imposed at ")??.??. This rule applies when the fine has to be lowered by degree.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

Art. EA. 8egal period of duration of divisible penalties. K The legal perio# of #uration of #ivisi!le penalties shall !e consi#ere# as #ivi#e# into three parts. forming three perio#s. the minimum. the me#ium. an# the ma%imum in the manner shown in the following ta!le: Art. EE.

$hen the penalty is a complex one composed of three distinct

penalties& K )n cases in which the law prescri!es a penalt" compose# of


three #istinct penalties. each one shall form a perio#; the lightest of them shall !e the minimum the ne%t the me#ium. an# the most severe the ma%imum perio#. ,henever the penalt" prescri!e# #oes not have one of the forms speciall" provi#e# for in this Co#e. the perio#s shall !e #istri!ute#. appl"ing !" analog" the prescri!e# rules.
if there are 3 distinct penalties1 there shall be a minimum, a medium and a maximum 0xample* -eclusion temporal max to death

* C/T)0+ A+- ' RB)C 0> P +ALT) ' Art. EF. $hen and how a penalty is to be executed& K +o penalt" shall !e e%ecute# e%cept !" virtue of a final :u#gment. A penalt" shall not !e e%ecute# in an" other form than that prescri!e# !" law. nor with an" other circumstances or inci#ents than those e%pressl" authori9e# there!". )n a##ition to the provisions of the law. the special regulations prescri!e# for the government of the institutions in which the penalties are to !e suffere# shall !e o!serve# with regar# to the character of the wor3 to !e performe#. the time of its performance. an# other inci#ents connecte# therewith. the relations of the convicts among themselves an# other persons. the relief which the" ma" receive. an# their #iet. The regulations shall ma3e provision for the separation of the se%es in #ifferent institutions. or at least into #ifferent #epartments an# also for the correction an# reform of the convicts.

>nly penalty by final judgment can be executed. Iudgment is final if the accused has not appealed within 18 da"s or he has expressl" waived in writing that he will not appeal.

-n appeal suspends the service of the sentence imposed by the trial court. In the absence of an appeal, the law contemplates a speedy execution of the sentence, and in the orderly administration of justice, the defendant should be forthwith remanded to the sheriff for the execution of the judgment.

#here could be no subsidiary liability if it was not expressly ordered in the judgment

Art. E5.

)uspension of the execution and service of the penalties in case of

insanity& K ,hen a convict shall !ecome insane or an im!ecile after final


sentence has !een pronounce#. the e%ecution of sai# sentence shall !e

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA suspen#e# onl" with regar# to the personal penalt". the provisions of the secon# paragraph of circumstance num!er 2 of article 27 !eing o!serve# in the correspon#ing cases. )f at an" time the convict shall recover his reason. his sentence shall !e e%ecute#. unless the penalt" shall have prescri!e# in accor#ance with the provisions of this Co#e. The respective provisions of this section shall also !e o!serve# if the insanit" or im!ecilit" occurs while the convict is serving his sentence
Cases of insanity+ a5 after final sentence, suspend the sentence regarding the personal penalties b5 if he recovers, the sentence is executed unless it has prescribed c' the payment of civil or pecuniary liabilities shall not be suspended

Art FG (as amen#e# !" P- AG6: Chil# an# Houth ,elfare Co#e)
youthful offender offense
a5

over : but under 1B at time of the commission of the

- child nine years of age or under at the time of the commission of the offense shall be exempt from criminal liability and shall be committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its supervision. The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of the offense, unless he acted with discernment, in which case he shall be proceeded against in accordance with -rticle &=(. The +evised "enal #ode declared a youthful offender to be one who is under &> years old at the time he committed the crime attributed to him. 2or him to be entitled to the benefits of the law, the sentence must also be made while the accused is under &> years of age. If the accused is already &> years old or above upon promulgation, he will no longer be entitled to a suspension of his sentence. The suspension of the sentence is only observed if the youthful offender commits he crime above nine years and below &> years of age and the promulgation of the judgment is likewise done while the accused is under &> years of age. The suspension of sentence is not automatic or mandatory for the court to implement. The youthful offender must apply for suspension. b5 a "outhful offender held for examination or trial who cannot furnish bail will be committed to the 93'9?local rehab center or detention home c6udgment of the court shall not be pronounced but suspended except for the ff cases+ 1. those who previousl" en&o"ed a suspension of sentence 2. those convicted of death or life imprisonment 3. those convicted for an offense b" the militar" tribunals d5 the 93'9 ma" dismiss the case if the "outh behaves properl"

e5 the records of the proceeding shall be privileged and shall not be disclosed f5 the civil liabilit" of the "outhful offender ma" be voluntar" assumed b" a relative or a friend
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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


The civil liability for acts committed by a youthful offender shall devolve upon the offender9s father and, in the case of his death or incapacity, upon the mother, or in case of her death or incapacity, upon the guardian. #ivil liability may also be voluntarily assumed by a relative or family friend of the youthful offender. g5 the parent or guardian of the child is liable when he aids, abets or connives w? the commission of the crime or does an act producing, promoting or contributing to the childCs being a &uvenile delin2uent. h5 #he penalties for the parent or guardian* 7ine not exceeding 8;; and?or imprisonment not exceeding 2 "ears

Art. F2. $hen and how the death penalty is to be executed. K The #eath sentence shall !e e%ecute# with preference to an" other an# shall consist in putting the person un#er sentence to #eath !" lethal in:ection. The #eath sentence shall !e e%ecute# un#er the authorit" of the -irector of Prisons. en#eavoring so far as possi!le to mitigate the sufferings of the person un#er sentence #uring the lethal in:ection as well as #uring the procee#ings prior to the e%ecution. The -irector of the (ureau of Corrections shall ta3e steps to insure that the lethal in:ection to !e a#ministere# is sufficient to cause instantaneous #eath of the convict. The #eath sentence shall !e carrie# out not earlier than one(2) "ear !ut not later than eighteen(2F) months after the :u#gment has !ecome final an# e%ecutor" without pre:u#ice to the e%ercise !" the Presi#ent of his clemenc" powers at all times . (#s amended by !#N F2??) /EAT3 PENALT4
To 7$'-$ -%')#s ')0os#,6 -pplies only to those crimes which are specified under +- D3?=. If a crime is not included in the list of heinous crimes, the penalty cannot be validly imposed for said crime. W$a" a%# $#'*o!s -%')#s. These are grievous, odious and hateful offenses, which by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and morality in a just, civili ed and ordered society. W$a" a%# "$# $#'*o!s -%')#s !*,#% RA BFAD. &. (. ). 0. ?. 3. D. >. =. &4. &&. &(. &). Treason Cualified piracy L mutiny Cualified bribery "arricide <urder Infanticide Midnapping and 7erious Illegal Betention +obbery with @omicide +obbery with rape +obbery with Intentional <utilation +obbery with arson Bestructive -rson +ape committed with the use of deadly weapon

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&0. +ape committed by two or more persons &?. +ape with @omicide L -ttempted rape with homicide &3. +ape under certain circumstances &D. "lunder &>. Hiolation of +- 30(?, where ,uantity involved is more than or e,ual to that certified under 7ec. (4 thereof &=. #arnapping where the owner or occupant of the vehicle is killed

Art. F7.

Botification and execution of the sentence and assistance to the

culprit& K The court shall #esignate a wor3ing #a" for the e%ecution !ut not
the hour thereof; an# such #esignation shall not !e communicate# to the offen#er !efore sunrise of sai# #a". an# the e%ecution shall not ta3e place until after the e%piration of at least eight hours following the notification. !ut !efore sunset. -uring the interval !etween the notification an# the e%ecution. the culprit shall. in so far as possi!le. !e furnishe# such assistance as he ma" re$uest in or#er to !e atten#e# in his last moments !" priests or ministers of the religion he professes an# to consult law"ers. as well as in or#er to ma3e a will an# confer with mem!ers of his famil" or persons in charge of the management of his !usiness. of the a#ministration of his propert". or of the care of his #escen#ants.
9esignate a working da" w?c shall not be communicated to the offender before the sunrise of said da". #he execution shall not take place until after the expiration of at least B hrs following such notification. 0e can execute a will.

Art. F6. )uspension of the execution of the death sentence. K The #eath sentence shall not !e inflicte# upon a woman while she is pregnant or within one(2) "ear after #eliver". nor upon an" person over sevent" "ears of age. )n this last case. the #eath sentence shall !e commute# to the penalt" of reclusion perpetua with the accessor" penalties provi#e# in Article <G. )n all cases where the #eath sentence has !ecome final. the recor#s of the case shall !e forwar#e# imme#iatel" !" the 'upreme Court to the 0ffice of the Presi#ent for possi!le e%ercise of the par#oning power. (#s amended by )ec& 4>, !#N ?9>:)

3eath sentence commuted to *4+ a5 b5 woman, while pregnant or within 1 "r after deliver" 4onl" suspended5 person over .; "ears old.

Art. F<. Place of execution and persons who may witness the same. K The e%ecution shall ta3e place in the penitentiar" or (ili!i# in a space close# to the pu!lic view an# shall !e witnesse# onl" !" the priests assisting the offen#er an# !" his law"ers. an# !" his relatives. not e%cee#ing si%. if he so re$uest. !" the ph"sician an# the necessar" personnel of the penal esta!lishment. an# !" such persons as the -irector of Prisons ma" authori9e.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA Art. F=. Provisions relative to the corpse of the person executed and its burial& K /nless claime# !" his famil". the corpse of the culprit shall. upon the completion of the legal procee#ings su!se$uent to the e%ecution. !e turne# over to the institute of learning or scientific research first appl"ing for it. for the purpose of stu#" an# investigation. provi#e# that such institute shall ta3e charge of the #ecent !urial of the remains. 0therwise. the -irector of Prisons shall or#er the !urial of the !o#" of the culprit at government e%pense. granting permission to !e present thereat to the mem!ers of the famil" of the culprit an# the frien#s of the latter. )n no case shall the !urial of the !o#" of a person sentence# to #eath !e hel# with pomp.

!eclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor& K The penalties of reclusion perpetua.
Art. FA. reclusion temporal. prision ma"or. prision correccional an# arresto ma"or. shall !e e%ecute# an# serve# in the places an# penal esta!lishments provi#e# !" the A#ministrative Co#e in force or which ma" !e provi#e# !" law in the future. Art. FE. +estierro. K An" person sentence# to #estierro shall not !e permitte# to enter the place or places #esignate# in the sentence. nor within the ra#ius therein specifie#. which shall !e not more than 7=G an# not less than 7= 3ilometers from the place #esignate#.
3estierro shall be imposed in the ff cases+ a5 death or serious ph"sical in&uries is caused or are inflicted under exceptional circumstance b5 person fails to give bond for good behavior c5 concubineCs penalt" for the crime of concubinage d5 lowering the penalt" b" degrees Execution of 3istierro a5 %onvict shall not be permitted to enter the place designated in the sentence nor within the radius specified, which shall not be more than 28; and not less than 28 km from the place designated. b5 (f the convict enters the prohibited area, he commits evasion of sentence

Art. FF. #rresto menor. K The penalt" of arresto menor shall !e serve# in the municipal :ail. or in the house of the #efen#ant himself un#er the surveillance of an officer of the law. when the court so provi#es in its #ecision. ta3ing into consi#eration the health of the offen#er an# other reasons which ma" seem satisfactor" to it.
1erved where+ (n the municipal &ail (n the house of the offender, but under the surveillance of an officer of the law whenever the court so provides in the decision due to the health of the offender. =ut the reason is not satisfactor" &ust because the offender is a respectable member of the communit" *T)+CT)0+ 0> CR)&)+AL L)A()L)TH

Art. F5. @ow criminal liability is totally extinguished. K Criminal lia!ilit" is totall" e%tinguishe#:

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re=election to public office is not one of the grounds by which criminal liability is extinguished. This is only true to administrative cases but not criminal cases.

(2) (" the #eath of the convict. as to the personal penalties an# as to pecuniar" penalties. lia!ilit" therefor is e%tinguishe# onl" when the #eath of the offen#er occurs !efore final :u#gment.
6xtinguishment of criminal liabilit" is a ground of motion to 2uash %riminal liabilit" whether before or after final &udgment is extinguished upon death because it is a personal penalt" !ecuniar" penalt" is extinguished onl" when death occurs before final &udgement.

44 vs. BAC!TA1 &. Beath of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. (. The claim of civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict. ). !here the civil liability survives, an action for recovery therefore, may be pursued but only by way of filing a separate civil action and subject to 7ection & +ule &&& of the &=>? +ules on #riminal "rocedure as amended. This separate civil action may be enforced either against the executorLadministrator of the estate of the accused, depending on the source obligation upon which the same is based as explained above. If the act or omission complained of gives rise to a cause of action arising from ,uasi-delict, the separate civil action must be filed against the executor or administrator of the estate of the accused pursuant to 7ec. &, +ule >D of the +ules of #ourt. If the same act or omission complained of also arises from contract, the separate civil action must be filed against the estate of the accused, pursuant to 7ec. ?, +ule >3 of the +ules of #ourt. !hen the civil liability does not arise from a certain crime and predicated on law, contract, ,uasi-contract, or ,uasi-delict, the civil liability survives notwithstanding the death of the accused during the pendency of the trial of a criminal action or appeal. !hat is contemplated in -rticle >= is that the accused who died before the finality of a verdict or conviction cannot be ordered to make restitution, reparation or indemnification to the offended party by way of moral and exemplary damages. !here there are several accused, the death of one does not result to the dismissal of the action because the liabilities, whether civil or criminal of said accused are distinct and separate. The death of the offended party pending the trial is not included in the total extinction of criminal liability under -rt. >=, neither is it a ground for the dismissal of a criminal complaint or information. (Pp vs& *undalian, 22? )"!# ?2F)

(7) (" service of the sentence


%rime is a debt, hence extinguished upon pa"ment 3ervice does not extinguish civil liabilit"

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.(6) (" amnest". which completel" e%tinguishes the penalt" an# all its

effects
Amnesty is an act of the sovereign power granting oblivion or general pardon. (t wipes all traces and vestiges of the crime but does not extinguish civil liabilit"

(<) (" a!solute par#on

4ardon an act of grace proceeding from the power entrusted w? the execution of laws, which exempts the individual from the punishment the law inflicts for the crime.

"ardon, although absolute does not erase the effects of conviction. !ardon onl" excuses the convict from serving the sentence. There is an exception to this and that is when the pardon was granted when the convict had already served the sentence such that there is no more service of sentence to be executed then the pardon shall be understood as intended to erase the effects of the conviction. =ut if he was serving sentence when he was pardoned, that pardon will not wipe out the effects of the crime, unless the language of the pardon absolutel" relieve the offender of all the effects thereof. *onsidering that recidivism does not prescribe, no matter how long ago was the first conviction, he shall still be a recidivist. .hen the crime carries with it moral turpitude, the offender even if granted pardon shall still remain dis2ualified from those falling in cases where moral turpitude is a bar. In 'onsanto v. 9actoran (r. $J@ 1C*A $%$. it was held that absolute pardon does not ipso facto entitle the convict to reinstatement to the public office forfeited b" reason of his conviction . lthough pardon restores his eligibility for appointment to that office, the pardoned convict must reapply for the new appointment

A&+ 'TH 6xtended to classes of persons who ma" be guilt" of political offenses 6xercised even before trial or investigation >ooks backward and abolishes the offense itself 9oes not extinguish civil liabilit" A public act that needs the declaration of the president with the concurrence of %ongress %ourts should take &udicial notice

PAR-0+ 6xercised individuall" b" the president 4an" crime5 6xercised when one is convicted >ooks forward and relieves the offender of the conse2uences 3ame A private act of the president Must be pleaded and proved

"ardon becomes valid only when there is a final judgment. If given before this, it is premature and hence void. There is no such thing as a premature amnesty, because it does not re(uire a final judgment- it may be given before final judgment or after it.

(=)

(" prescription of the crime


'hen the crime prescribes, the state loses the right to prosecute 4rescription of a crime is the loss?forfeiture of the right of the state to prosecute the offender after the lapse of a certain time.

(A)

(" prescription of the penalt"


+eans6 the loss?forfeiture of the right of government to execute the final sentence after the lapse of a certain time. %onditions* there must be final &udgement and the period has elapsed.

(A)

(" the marriage of the offen#e# woman. as provi#e# in Art 6<< of this Co#e

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


(n the case of marriage, do not sa" that it is applicable for the crimes under Article &AA. It is only true in the crimes of rape abduction seduction and acts of lasciviousness. 9o not sa" that it is applicable to private crimes because the term includes adulter" and concubinage. Marriages in these cases ma" even compound the crime of adulter" or concubinage. It is only in the crimes of rape, abduction, seduction and acts of lasciviousness that the marriage by the offender with the offended woman shall extinguish civil liability, not only criminal liability of the principal who marries the offended woman, but also that of the accomplice and accessory, if there are any. %o$principals who did not themselves directl" participate in the execution of the crime but who onl" cooperated, will also benefit from such marriage, but not when such co$principal himself took direct part in the execution of the crime. +arriage as a ground for extinguishing civil liability must have been contracted in good faith. #he offender who marries the offended woman must be sincere in the marriage and therefore must actuall" perform the duties of a husband after the marriage, otherwise, notwithstanding such marriage, the offended woman, although alread" his wife can still prosecute him again, although the marriage remains a valid marriage. 9o not think that the marriage is avoided or annulled. #he marriage still subsists although the offended woman ma" re$file the complaint. #he 3upreme %ourt ruled that marriage contemplated must be a real marriage and not one entered to and not &ust to evade punishment for the crime committed because the offender will be compounding the wrong he has committed.

In cases of )! "'0 # %a0#s, however, the principle does not apply. Thus, if -, 1 and # raped ! in that when - was having sex with !, 1 and # were holing the legs and arms, and when it was 19s turn, - and # were the ones holding !9s legs and arms, and when # was the one having sex with !, the ones holding her arms and legs were - and 1. $ven if later on, contracted marriage with !, there is no extinction of penal responsibility because this is a case of multiple rapes. The g!ant of $!obation may be considered as a 1o%) o1 #9"'*-"'o* o1 -%')'*a 'ab' '"& which was bestowed while accused who has never been encarcerated, was out on bail, may thus be categori ed as total extinction thereof. @owever, if it was granted after the conviction of the accused who was in jail, it can be considered as partial extinction only. It must be noted however, that unlike in service of sentence, in probation, the probationer is still re,uired to report to "robation Officer at a certain period until the duration of the probation period.

Art. 5G. Prescription of crime. K Crimes punisha!le !" #eath. reclusion perpetua or reclusion temporal shall prescri!e in twent" "ears. Crimes punisha!le !" other afflictive penalties shall prescri!e in fifteen "ears. Those punisha!le !" a correctional penalt" shall prescri!e in ten "ears; with the e%ception of those punisha!le !" arresto ma"or. which shall prescri!e in five "ears. The crime of li!el or other similar offenses shall prescri!e in one "ear. The crime of oral #efamation an# slan#er !" #ee# shall prescri!e in si% months. Light offenses prescri!e in two months. ,hen the penalt" fi%e# !" law is a compoun# one. the highest penalt" shall !e ma#e the !asis of the application of the rules containe# in the first. secon# an# thir# paragraphs of this article. (#s amended by !# J992, approved <une 2:, 2:99.)
148

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


In computing for the period, the first da" is excluded and the last da" included. 3ub&ect to leap "ears .hen the last day of the prescriptive period falls on a ,unday or a legal holiday, the info can no longer be filed the ff da" ,imple slander prescribes in 2 months and grave slander in / months 3ince destierro is a correctional penalt", it prescribes in 1; "ears. Afflictive penalties, 18 "ears. If compound penalty, basis will be the highest penalt"

O11#*s# 0!*'s$#, 7'"$ a 1'*# To determine whether the prescriptive period of an offense punished with a fine is imposed as a single or as an alternative penalty, such fine should not be reduced or converted into a prison term. It should be classified into an afflictive, correctional, or light penalty pursuant to -rticle (3. !hen fine is imposed as an alternative penalty to imprisonment 4imposed together w? a penalt" lower than the fine5, and fine constitute a higher penalty than the penalty of imprisonment, the basis of the prescriptive period should be the fine. The rule on prescription as to fines does not refer to subsidiary imprisonment. It takes into consideration the nature of the penalty as afflictive, correctional and light. It is a rule that prescriptive period is always based on the fine even if there is a subsidiary imprisonment.

"rescription begins to run from the discovery thereof. (nterrupted when proceedings are instituted and shall begin to run again when the proceedings are dismissed.

The defense of prescription cannot be waived and it may be raised during the trial or even on appeal. @owever, the defense of prescription of crime cannot defeat the right of the state to recover its properties which were unlawfully ac,uired by public officials. !rescription does not take awa" the courtCs &urisdiction but onl" absolves the defendant and ac2uits him.

$xtinction of crime by prescription does not extinguish civil liability unless extinction proceeds from a declaration in a final judgment that the fact from which the civil liability might arise did not exist. !here the special law such as the #opyright 8aw provides for its own prescriptive period, said special law will govern. -ct ))(3 will not be applied.

P%#s-%'0"'o* o1 C%')#s 3A%"4 DE/ Penalty or Felony Beath, reclusion perpetua or reclusion temporal Other afflictive penalties #orrectional penalty, except arresto mayor -rresto mayor 8ibel or other similar offenses

Time after which Crime will Prescribe (4 years &? years &4 years ? years & year

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


Oral defamation and slander by deed 8ight offenses 3 months ( months

P%#s-%'0"'(# 0#%'o,s o1 o11#*s#s 0!*'s$#, !*,#% s0#-'a a7s a*, )!*'-'0a o%,'*a*-#s 3A-" No4 ?BF?/ Penalty or Offense Time after which offense will prescribe 2ine only' or & year imprisonment for not more than & month, Or both, Imprisonment for more than & month, 0 years but less than ( years Imprisonment for ( years or more but > years less than 3 years Imprisonment for 3 years or more &( years Internal +evenue 8aw offenses ? years Hiolations of municipal ordinances ( months Hiolations of the regulations or conditions of certificate of ( months convenience by the "ublic 7ervice #ommission

Art. 52. "omputation of prescription of offenses. K The perio# of prescription shall commence to run from the #a" on which the crime is #iscovere# !" the offen#e# part". the authorities. or their agents. an# shall !e interrupte# !" the filing of the complaint or information. an# shall commence to run again when such procee#ings terminate without the accuse# !eing convicte# or ac$uitte#. or are un:ustifia!l" stoppe# for an" reason not imputa!le to him. The term of prescription shall not run when the offen#er is a!sent from the Philippine Archipelago.
T$# a1o%#)#*"'o*#, %! #, $o7#(#% 's *o" a00 '-ab # '* "$# 1o o7'*2 -as#s.
a. In continuing crimes where the prescriptive period will start to run only

at the termination of the intended result'


b. In crimes which are not concealed because there is a constructive

notice to the public, such as to those which involve a public document registered in public offices. It is a rule that registration is tantamount to a declaration to the whole world. In such cases, the prescriptive period shall commence from the time of the registration of the document.
c.

In the crime of false testimony where the prescriptive period is reckoned from the day of final judgment is rendered by the court and not at the time the false testimony was made.

If there is nothing concealed 4appears in a public document5, the crime commences to run on the date of the commission !eriod of prescription for crimes that is continuing never runs Crime needs to be discovered by+ a5 offended part" b5 authorities c5 their agents

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


(f a person witnesses the crime but onl" tells the authorities 28 "ears later, prescription commences on the da" the authorities were told.

<Commission of the crime is public= == This does not mean alone that the crime was within public #nowledge or committed in public. Illustration6 (n the crime of falsification of a document that was registered in the proper registr" of the government like the -egistr" of !ropert" or the -egistr" of 9eeds of the %ivil registr", the falsification is deemed public from the time the falsified document was registered or recorded in such public office so even though, the offended part" ma" not reall" know of the falsification, the prescriptive period of the crime shall alread" run from the moment the falsified document was recorded in the public registr". 3o in the case where a deed of sale of a parcel of land which was falsified was recorded in the corresponding -egistr" of !ropert", the owner of the land came to know of the falsified transaction onl" after 1; "ears, so he brought the criminal action onl" then. #he 3upreme %ourt ruled that the crime has alread" prescribed. From the moment the falsified document is registered in the 1egistry of "roperty, the prescriptive period already commenced to run ,Constructive notice rule-.

Khat interrupts prescriptionF a5 preliminar" examination or investigation w?c is similar to &udicial proceeding b5 filing the proper complaint w? the fiscalCs office and the prosecutor. !olice not included. c5 7iling complaint with the court that has proper &urisdiction
The prescription of the crime is interrupted or suspended / 415 'hen a complaint is filed in a proper baranga" for conciliation or mediation as re2uired b" %hapter ., >ocal Eovernment %ode, but the suspension of the prescriptive period is good only for H? days. fter which the prescription will resume to run, whether the conciliation or mediation is terminated for not'hen criminal case is filed in the prosecutorCs office , the prescription of the crime is suspended until the accused is convicted or the proceeding is terminated for a cause not attributable to the accused.

425

@oliday is not a legal efficient cause which interrupts the prescription of the offense. !here the last day to file an information falls on a 7unday or legal holiday, the prescriptive period cannot be extended up to the next working day.
$ut where the crime is subject to ,ummary "rocedure, the prescription of the crime will be suspended onl" when the information is alread" filed with the trial court. (t is not the filing of the complaint, but the filing of the information in the trial which will suspend the prescription of the crime.

If the case involves a minor offense and it is filed in the fiscal9s office, the filing of the case in the fiscal9s office will not interrupt the running of the period of prescription. Khen the period commences to run again a5 'hen the proceeding is terminated without the accused being convicted or ac2uitted b5 'hen the proceeding is un&ustifiabl" stopped for a reason not imputable to the offender 1when such proceedings terminate0 termination that is final1 an unappealed conviction or ac2uittal 1unjustifiably stopped for any reason0 must be stopped example* accused evades arrest, proceedings

14B

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA

rt A& applies to a special law when said law does not provide for the application but onl" provides for the period of prescription

The prevailing rule now is, prescription of the crime is not waivable, 'hen a crime prescribes, the 3tate loses the right to prosecute the offender, hence, even though the offender may not have filed a motion to (uash on this ground the trial court, but after conviction and during the appeal he learned that at the time the case was filed, the crime has already prescribed, such accused can raise the (uestion of prescription even for the first time on appeal, and the appellate court shall have no jurisdiction to continue, if legally, the crime has indeed prescribed.

Art. 57. $hen and how penalties prescribe. K The penalties impose# !" final sentence prescri!e as follows: 2. 7. 6. <. -eath an# reclusion perpetua. in twent" "ears; 0ther afflictive penalties. in fifteen "ears; Correctional penalties. in ten "ears; with the e%ception of the penalt" of arresto ma"or. which prescri!es in five "ears; Light penalties. in one "ear.
P!es"!i$ti(e Pe!iod (4 years &? years &4 years ? years & year

W$#* P#*a "'#s P%#s-%'b# 3A%"4 D>/ Penalty Beath +eclusion perpetua Other afflictive penalties #orrectional penalties, except arresto mayor -rresto mayor 8ight penalties

)ote that final sentence must be imposed

The penalty, to be subject of prescription must have been imposed by final judgment. Thus, if - after conviction by the trial court, appealed the decision, and escaped from jail where he has been detained during the trial, the penalty will never prescribe. In prescription of penalty, the offender must be serving sentence, and must have escaped, committing the crime of $vasion of 7entence. 2rom the day he escaped, the prescription of penalty commence to run. P%ob #)6 - was sentenced to reclusion temporal for homicide and while serving sentence, for Ianuary &, &=>4. @e must be able to elude authorities up to Ianuary (, &==? to consider the penalty prescribed. 7upposed he was arrested after five *?% years of escape 5 that is, on Ianuary &, &=>?, and was able to hide for just ten *&4% more years. The five-year period during his first escape must have to be considered for purposes of completing the fifteen *&?%-year period for the prescription of the penalty of @omicide. (f a convict can avail of mitigating circumstances and the penalt" is lowered, it is still the original penalt" that is used as the basis for prescription. 0owever, if the convict alread" serves a portion of his sentence and escapes after, the penalt" that was imposed 4not the original5 shall be the basis for prescription 7ines less than 2;; fall under light penalt". #hose above are correccional.

Art. 56. "omputation of the prescription of penalties. K The perio# of prescription of penalties shall commence to run from the #ate when the culprit shoul# eva#e the service of his sentence. an# it shall !e interrupte#

14:

18;

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA if the #efen#ant shoul# give himself up. !e capture#. shoul# go to some foreign countr" with which this Government has no e%tra#ition treat". or shoul# commit another crime !efore the e%piration of the perio# of prescription.
lements: a5 penalt" is final b5 c5 convict evaded the sentence convict has not given himself up

d5 penalt" has prescribed because of lapse of time from the date of the evasion of the service of the sentence
<n the prescription of the penalt", the period will onl" commence to run when the convict has begun to serve the sentence. ctually, the penalty will prescribe from the moment the convict evades the service of the sentence. 3o if an accused was convicted in the trial court, and the conviction becomes final and executor", so this fellow was arrested to serve the sentence, on the wa" to the penitentiar", the vehicle carr"ing him collided with another vehicle and overturned, thus enabling the prisoner to escape, no matter how long such convict has been a fugitive from &ustice, the penalt" imposed b" the trial court will never prescribe because he has not "et commenced the service of his sentence. For the penalty to prescribe, he must be brought to +untinlupa, boo#ed there, placed inside the cell and thereafter he escapes.

Interruption of the period (f the defendant surrenders (f he is captured

(f he should go into a foreign countr" with which the !hilippines has no extradition treat"
"resently the "hilippines has an extradition treaty with Taiwan, Indonesia, *anada, ustralia, :, and ,wit!erland

(f he should commit another crime before the expiration of the period of prescription
The moment the convict commits another crime while he is fugitive from justice, prescriptive period of the penalty shall be suspended and shall not run in the meantime. The crime committed does not include the initial evasion of service of sentence that the convict must perform before the penalty shall begin to prescribe, so that the initial crime of evasion of service of sentence does not suspend the prescription of penalty, it is the commission of other crime, after the convict has evaded the service of penalty that will suspend such period.

Acceptance of a conditional pardon4"eople v. "untilos'

(f a government has an extradition treat" w? the countr" to w?c a convict escaped and the crime is not included in the treat", the running of the prescription is interrupted 3entence evasion clearl" starts the running of the prescription. (t does not interrupt it. cceptance of the conditional pardon interrupts the prescriptive period. 1olito 7o case* since he was captured, he is onl" supposed to serve the remainder of his sentence. 1eason6 during the period he escaped, his existence is one of fear and discomfort

Art. 5<. Partial 6xtinction of criminal liability& K Criminal lia!ilit" is e%tinguishe# partiall":

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181

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA 2. (" con#itional par#on; 7. (" commutation of the sentence; an# 6. >or goo# con#uct allowances which the culprit ma" earn while he is serving his sentence.
Con#itional par#on contract between the sovereign power of the executive and the convict %onvict shall not violate an" of the penal laws of the !hilippines ,iolation of conditions* <ffender is re$arrested and re$incarcerated !rosecution under Art. 18: Commutation change in the decision of the court b" the chief regarding the 415 degree of the penalt"1 425 b" decreasing the length of the imprisonment or fine Commutation allowed when+ a5 person over .; "rs old b5 1; &ustices fail to reach a decision affirming the death penalt" %onsent not necessar" in commutation

!risoner is also allowed special time allowance for loyalty w?c is 1?8 deduction of the period of his sentence. Parole consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalt", without granting pardon, prescribing the terms upon which the sentence shall be suspended. In case his parole conditions are not observed, a convict ma" be returned to the custod" and continue to serve his sentence without deducting the time that elapsed. C0+-)T)0+AL PAR-0+ PAR0L Eiven after final &udgement Eiven after service of the minimum penalt" Eranted b" %hief 6xecutive Eiven b" the =d of !ardons and !arole 7or violation, convict ma" not be prosecuted 7or violations, ma" be rearrested, convict under 18: serves remaining sentence 7ood conduct allowance during confinement 9eduction for the term of sentence for good behavior Goo# con#uct allowance
#his includes the allowance for lo"alt" under Article :B, in relation to Article 18B. convict who escapes the place of confinement on the occasion of disorder resulting from a conflagration, earth(ua#e or similar catastrophe or during a mutiny in which he has not participated and he returned within B@ hours after the proclamation that the calamity had already passed, such convict shall be given credit of &JF of the original sentence from that allowance for his loyalty of coming bac#. #hose who did not leave the penitentiar" under such circumstances do not get such allowance for lo"alt". rticle &F@ refers only to those who leave and return.

Art. 5=. ;bligation incurred by person granted conditional pardon. K An" person who has !een grante# con#itional par#on shall incur the o!ligation of compl"ing strictl" with the con#itions impose# therein otherwise. his non8compliance with an" of the con#itions specifie# shall result in the revocation of the par#on an# the provisions of Article 2=5 shall !e applie# to him.
%ondition of pardon is limited to unserved portion of the sentence, unless an intention to extend it be"ond the time is manifest

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182

Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA Art. 5A. 6ffect of commutation of sentence. K The commutation of the original sentence for another of a #ifferent length an# nature shall have the legal effect of su!stituting the latter in the place of the former. Art. 5E. #llowance for good conduct. K The goo# con#uct of an" prisoner in an" penal institution shall entitle him to the following #e#uctions from the perio# of his sentence: 2. -uring the first two "ears of his imprisonment. he shall !e allowe# a #e#uction of five #a"s for each month of goo# !ehavior; 7. -uring the thir# to the fifth "ear. inclusive. of his imprisonment. he shall !e allowe# a #e#uction of eight #a"s for each month of goo# !ehavior; 6. -uring the following "ears until the tenth "ear. inclusive. of his imprisonment. he shall !e allowe# a #e#uction of ten #a"s for each month of goo# !ehavior; an# <. -uring the eleventh an# successive "ears of his imprisonment. he shall !e allowe# a #e#uction of fifteen #a"s for each month of goo# !ehavior.
Allowance for good conduct not applicable when prisoner released under conditional pardon. Eood conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence.

Allowances for Goo# con#uct per "ear Cears Allowance 7irst 2 "ears 8 da"s per month of good behavior 3rd to 8th "ears B da"s per month of good behavior th 7ollowing "ears up to 1; "ear 1; da"s per month of good behavior 11th "ear and successive "ears 18 da"s per month of good behavior

Art. 5F. )pecial time allowance for loyalty. K A #e#uction of one8fifth of the perio# of his sentence shall !e grante# to an" prisoner who. having eva#e# the service of his sentence un#er the circumstances mentione# in article 2=F of this Co#e. gives himself up to the authorities within <F hours following the issuance of a proclamation announcing the passing awa" of the calamit" or catastrophe to in sai# article.

1pecial time allowance for loyalty of prisoners* #he article applies onl" to prisoners who escaped deduction of 1?8 of the period of sentence of prisoner who having evaded the service of his sentence during the calamit" or catastrophe mentioned in Art 18B, gives himself up to the authorities w?in 4B hrs ff the issuance of the proclamation b" the !resident announcing the passing awa" of the calamit" or catastrophe deduction based on the original sentence and not on the unexpired portion Art $8# provides for increased penalties+

182

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


$ a convict who has evaded the service of his sentence b" leaving the penal institution on the occasion of disorder resulting from conflagration, earth2uake or similar catastrophe or during mutin" in which he did not participate is liable to an increased penalt" 41?8 of the time still remaining to be served not to exceed / months5, if he fails to give himself up to the authorities w?in 4B hrs ff the issuance of a proclamation b" the !resident announcing the passing awa" of the calamit".

Art. 55. $ho grants time allowances. K ,henever lawfull" :ustifie#. the -irector of Prisons shall grant allowances for goo# con#uct. 'uch allowances once grante# shall not !e revo3e#.
a5 authorit" to grant time allowance for good conduct is exclusivel" vested in the 9irector of prisons 4e.g. provincial warden cannot usurp 9irectorCs authorit"5 b5 it is not an automatic right and once granted, cannot be revoked b" him

C)B)L L)A()L)TH
A-"s o% o)'ss'o*s %#s! "'*2 '* 1# o*'#s 0%o,!-# "7o - ass#s o1 '*5!%'#s. The first injury is directed against the state and is known as ;so-'a '*5!%&<. The offended party is the government or the collective right of our people. It is repaired through the imposition of penalties. The second injury is directed to the private offended party and is known as ;0#%so*a '*5!%&<. The injury is caused to the victim of the crime who may have suffered damage, either to his person, to his property, or to his honor which is compensated by way of indemnity which is civil in nature. - person criminally liable is also civilly liable. The award of civil damages arising from crime is governed by the +evised "enal #ode, subject to the provisions of -rticle )(, )) and )0 of the Gew #ivil #ode. "rocedural aspect of the civil liability of the accused, +ule &&& of the +evised +ules of #ourt governs. S#-"'o* =, R! # === provides that. 7ection &. Institution of criminal and civil actions. 5 !hen a criminal action is instituted, the civil action for the recovery of civil liability is implied instituted with the criminal action, unless the offended party waives the civil action, reserves his right to institute it separately, or institutes the civil action prior to the criminal action. - waiver of any of the civil actions extinguishes the others. The institution of, or the reservation of the right to file, any of said civil actions separately waives the others. In no case may the offended party recover damages twice for the same act or omission of the accused. In cases wherein the amount of damages, other than actual, is alleged in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing thereof in court for trial. #ivil liability in the aforecited rule is predicted on the crime committed by the offender. If the civil liability arose from crimes covered under #rticles )&% )) and )7 and &-68 of the 9ew Civil Code% an independent civil action can be instituted% either before or after the filing of the criminal case% provided that in the latter case% the offended party ma*es an e+press reservation to file a separate civil action. !hen a civil action is filed as stated above, the same is suspended upon filing of the criminal action, meaning, the trial is not to be done until the criminal case is resolved or decided. This rule, however, is not applicable if the civil liability that is separately instituted,

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arises or originates from the provisions of -rticles )(, )) and )0 of the #ivil #ode. It is necessary, however that the civil liability under all said articles arise from the same act or omission of the accused. !hen the civil liability arising from the crime is different from civil liability arising from the #ivil #ode, if civil liability is already awarded in the criminal action, the offender cannot again claim civil liability arising from crime, and one arising from ,uasi-delict. C'(' L'ab' '"'#s (s4 P#-!*'a%& L'ab' Ci(il Liability Includes reparation of damage caused and indemnification for conse,uential damages Includes restitution Boes not include fines and costs of the proceedings '"'#s Pe"unia!y Liability Includes reparation of damages caused and indemnification for conse,uential damages Boes not include restitution Includes fine and the costs of the proceedings

Art. 2GG. "ivil liability of a person guilty of felony. K criminall" lia!le for a felon" is also civill" lia!le.

ver" person

(asis: obligation to repair or to make whole the damage caused to another b" reason of an act or omission, whether done intentionall" or negligentl" and whether or not punishable b" law If the crime is one from which no civil liability may arise, like Illegal "ossession of 2irearm *".B. &>33 as amended by +.-. >(=0%, or illegal sale, transport or possession of prohibited drugs *+.-. 30((? as amended by +.-. D3?=%, the convict incurs no civil liability. -ual character of the crime as against: a5 the state because of the disturbance of peace and order b5 the private person in6ured unless it involves the crime of treason, rebellion, espionage, contempt and others where no civil liabilit" arises on the part of the offender either because there are no damages or there is no private person in&ured b" the crime The civil liability of the accused may be enforced in the criminal action or in a direct civil action. The choice is in the offended party. If his preference is to prosecute the civil action in the criminal proceedings, he cannot be compelled to institute a separate civil action instead. (Pp vs& 7uido, >? Phil& >4) -amage that ma" !e recovere# in criminal cases: *rimes against persons, li#e crime of physical injuries whatever he spent for treatment of wounds, doctorCs fees, medicines as well as salar" or wages unearned

+oral 8amages* seduction, abduction, rape or other lascivious acts, adulter" or concubinage, illegal or arbitrar" detention or arrest, illegal search, libel, slander or an" other form of defamation, malicious prosecution 0xemplary 8amages* imposed when crime was committed with one or more aggravating circumstances

/!TE1+ a5 (f there is no damage caused b" the commission of the crime, offender is not civill" liable

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


b5 9ismissal of the info or the crime action does not affect the right of the offended part" to institute or continue the civil action alread" instituted arising from the offense, because such dismissal does not carr" with it the extinction of the civil one. c5 'hen accused is ac2uitted on ground that his guilt has not been proven be"ond reasonable doubt, a civil action for damages for the same act or omission ma" be instituted !hen during the trial what was established was only the civil aspect of the case and the same facts adduced did not constitute a crime, civil liability is also awarded. (Padilla vs& "ourt of #ppeals, 24: )"!# >>F) d5 6xemption from criminal liabilit" in favor of an imbecile or insane person, and a person under : "rs, or over : but under 18 who acted w? discernment and those acting under the impulse of irresistible force or under the impulse of an uncontrolable fear of an e2ual or greater in&ur" does not include exemption from civil liabilit". e5 Ac2uittal in the criminal action for negligence does not preclude the offended part" from filing a civil action to recover damages, based on the theor" that the act is 2uasi$delict f5 'hen the court found the accused guilt" of criminal negligence but failed to enter &udgement of civil liabilit", the private prosecutor has a right to appeal for the purposes of the civil liabilit" of the accused. #he appellate court ma" remand the case to the trial court for the latter to include in its &udgement the civil liabilit" of the accused

!here the accused was convicted in a criminal case but the court did not make any pronouncement on his civil liability, such omission on the part of the court will not operate to prevent or bar the offended party to file a separate civil action. (*achrach Aotors, Inc& vs& 7amboa, 2G2 Phil& 242:) 7ilence is the declaration that the same is reserved by the complainant and will not operate as res adjudicata. g5 =efore expiration of the 18$da" for appealing, the trial court can amend the &udgement of conviction b" adding a provision for the civil liabilit" of the accused, even if the convict has started serving the sentence.
h5

n independent civil action may be brought by the injured party during the pendency of the criminal case provided the right is reserved& !eservation is necessary in the ff cases1. an" of the cases referred to in Art 32 4violation of ones fundamental rights5 2. defamation, fraud and ph"sical in&ur" 4bodil" in&ur" and not the crime of ph"sical in&ur"54Art.335 3. civil action is against a member of a cit" or municipal police force for refusing or failing to render aid or protection to an" person in case of danger to life or propert"4Art.345 4. in an action for damage arising from fault or negligence and there is no pre$existing contractual relation between the parties 42uasi$delict5 4Art.21./5

i5

4re6udicial Huestion one w?c arises in a case, the resolution of which is a logical antecedent of the issue involved in said case and the cogni+ance of which pertains to another tribunal. The following %#G!'s'"#s must be present. &. The civil case involves facts intimately related with those of the criminal case' and

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


2. The resolution of the issue or issues raised in the civil action wherein

the guilt or innocence of the accused would necessarily be determined. ()ec& >, !ule 222, !!") For the principle to apply, it is essential that there be 2 cases involved, a civil and a criminal case. !re&udicial 2uestions ma" be decided before an" criminal prosecution ma" be instituted or ma" proceed. An independent civil action ma" be brought b" the in&ured part" during the pendenc" of the criminal case, provided that the right is reserved

!hen the civil aspect of the case is not reserved but is prosecuted in the criminal action, the offended party may, by appropriate motion, pray or ask the trial court to issue a writ of preliminary attachment against the property of the accused as security for the satisfaction of any judgment that may be awarded in favor of the offended party upon the termination of the case. If the offended party in a criminal case is represented by a private prosecutor, he cannot file a separate civil action. If the offended party is represented by a private prosecutor and the latter did not produce evidence to prove civil liability and the case was resolved without the evidence to prove civil liability and the case was resolved without the court disposing of the civil aspect of the case, the decision of the court shall operate as a bar to the recovery of civil liability. In a criminal case, the presence of a private prosecutor is justified because of the civil aspect of the case. -s a rule, the moment the private prosecutor makes a manifestation that the offended party is reserving the civil aspect of the case, he is immediately dis,ualified to appear as private prosecutor. (!oas vs& dela "ru,)

0xtinction of the penal action does not carry with it the extinction of the civil , unless the extinction proceeds from a declaration in a final &udgement that the fact from which the civil might arise did not exist

In a criminal case, the civil liability of the employee is enforceable against the employer if the former is insolvent.

Art. 2G2. !ules regarding civil liability in certain cases. K The e%emption from criminal lia!ilit" esta!lishe# in su!#ivisions 2. 7. 6. = an# A of article 27 an# in su!#ivision < of article 22 of this Co#e #oes not inclu#e e%emption from civil lia!ilit". which shall !e enforce# su!:ect to the following rules: .irst. )n cases of su!#ivisions 2. 7. an# 6 of Article 27. the civil lia!ilit" for acts committe# !" an im!ecile or insane person. an# !" a person un#er nine "ears of age. or !" one over nine !ut un#er fifteen "ears of age. who has acte# without #iscernment. shall #evolve upon those having such person un#er their legal authorit" or control. unless it appears that there was no fault or negligence on their part. 'houl# there !e no person having such insane. im!ecile or minor un#er his authorit". legal guar#ianship or control. or if such person !e insolvent. sai# insane. im!ecile. or minor shall respon# with their own propert". e%cepting propert" e%empt from e%ecution. in accor#ance with the civil law. )econd. )n cases falling within su!#ivision < of Article 22. the persons for whose !enefit the harm has !een prevente# shall !e civill" lia!le in proportion to the !enefit which the" ma" have receive#.
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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA The courts shall #etermine. in soun# #iscretion. the proportionate amount for which each one shall !e lia!le. ,hen the respective shares cannot !e e$uita!l" #etermine#. even appro%imatel". or when the lia!ilit" also attaches to the Government. or to the ma:orit" of the inha!itants of the town. an#. in all events. whenever the #amages have !een cause# with the consent of the authorities or their agents. in#emnification shall !e ma#e in the manner prescri!e# !" special laws or regulations. 'hird. )n cases falling within su!#ivisions = an# A of Article 27. the persons using violence or causing the fears shall !e primaril" lia!le an# secon#aril". or. if there !e no such persons. those #oing the act shall !e lia!le. saving alwa"s to the latter that part of their propert" e%empt from e%ecution.
General *ule* exemption from criminal liabilit" does not include exemption from civil liabilit" Exception* no civil liability in par B and Cof art &). !ar 1,2,3,8 and / are )<# exempt from civil liabilit" although exempt from criminal liabilit" ,ho are civill" lia!le for: a. acts of insane or minor exempt from criminal liability 1. primaril" devolve upon perosns having legal authorit" or control over him, if at fault or negligent 4except if proven that the" acted w?o fault or w? due diligence5 2. if no fault or negligence, or even w? fault but is insolvent and there are no persons having legal authorit" over them, the propert" of the insane, minor or imbecile not exempt from execution shall be held liable. b. over $8 but under $# w. discernment 1. civil code sa"s parent 4dad then mom5S 2. guardians 3. minors own propert" where a guardian ad litem shall be appointed In actual practice, when a minor or an insane person is accused of a crime, the court will in,uire who are the persons exercising legal control upon the offender. !hen the names of such persons are made known to the court, they are re,uired to participate in the proceedings, not only to help the accused in his defense but also for said persons in legal authority to protect their interests as persons primarily liable to pay the civil liability caused by the minor or insane. They may, however, invoke the defense embodied under #rticle &-'( of the Gew #ivil #ode which provides that in order to escape civil liability% the persons primarily liable must prove that they observed all the diligence of a god father of a family to prevent damages. In the event that the minor or insane has no parents or guardian, the court will appoint a guardian ad litem to protect the interests of the minor or insane. In such a case, the court will render judgment fixing the civil liability of the minor or insane and under such a situation, the property of the minor shall be primarily liable in the payment of civil liability. Jfinal release of a child based on good conduct does not remove his civil liabilit" for damages. c. persons acting under an irresistible force or uncontrollable fear 1. persons using violence or causing the fear are primaril" liable

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


2. if there are none, those doing the act

d. no civil liability in 6ustifying circumstances 6F%6!#* par 4 of Art 11, the one benefited b" the act is civill" liable. e. civil liability in case of state of necessity #hose who benefited b" the act and court shall determine the proportionate amount for which each shall be liable. (f the government or ma&orit" of the inhabitants are liable, such will be determined b" special laws or regulations.

)ubsidiary civil liability of inn%eepers, tavern%eepers and proprietors of establishments. K )n #efault of the persons criminall" lia!le.
Art. 2G7. inn3eepers. tavern3eepers. an# an" other persons or corporations shall !e civill" lia!le for crimes committe# in their esta!lishments. in all cases where a violation of municipal or#inances or some general or special police regulation shall have !een committe# !" them or their emplo"ees. )nn3eepers are also su!si#iaril" lia!le for the restitution of goo#s ta3en !" ro!!er" or theft within their houses from guests lo#ging therein. or for the pa"ment of the value thereof. provi#e# that such guests shall have notifie# in a#vance the inn3eeper himself. or the person representing him. of the #eposit of such goo#s within the inn; an# shall furthermore have followe# the #irections which such inn3eeper or his representative ma" have given them with respect to the care an# vigilance over such goo#s. +o lia!ilit" shall attach in case of ro!!er" with violence against or intimi#ation of persons unless committe# !" the inn3eeperLs emplo"ees.
Elements of 4ar $+ 1. #hat the innkeeper of the establishment or his emplo"ee committed a violation of municipal ordinance or some general or special police regulation 2. 3. A crime is committed in such establishment !erson criminall" liable is insolvent

!hen the foregoing circumstances are present in the commission of the crime, the civil liability of the offender shall also be the civil liability of the owners of the establishments. 7uch civil liability arises only if the person criminally liable is insolvent because the nature of the liability of the innkeeper and the others is only s!bs','a%&4 Elements of 4ar "+ 1. guests notified in advance the innkeeper of the deposit of such goods w?in the inn 2. guests followed the directions of the innkeeper w? respect to the care and vigilance over the such goods 3. such goods of the guest lodging therein were taken b" robber" w? force upon things or theft

'hen all these are present, the innkeeper is subsidiaril" liable No civil liability in case of robbery wJ violence against or intimidation of person, unless committed b" the innkeeperCs emplo"ees Actual deposit of the things of the guest to the innkeeper is not necessar", it is enough that the" were within the inn.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


The ,upreme *ourt ruled that even though the guest did not obey the rules and regulations prescribed by the management for safe#eeping of the valuables, this does not absolve management from the subsidiary civil liability. )on$compliance with such rules and regulations b" the guests will onl" be regarded as contributor" negligence, but it wonCt absolve the management from civil liabilit".

Art. 2G6. )ubsidiary civil liability of other persons. K The su!si#iar" lia!ilit" esta!lishe# in the ne%t prece#ing article shall also appl" to emplo"ers. teachers. persons. an# corporations engage# in an" 3in# of in#ustr" for felonies committe# !" their servants. pupils. wor3men. apprentices. or emplo"ees in the #ischarge of their #uties.
Elements a. emplo"er, teacher, person or corporation is engaged in an" kind of industr" b. an" of their servants, pupils, workmen, apprentices of emplo"ees commits a felon" while in the discharge of his duties which are related to the business of his emplo"er c. the said emplo"ee is insolvent and has not satisfied his civil liabilit" Industry an" department or branch of art, occupation or business1 especiall" one w?c emplo"s so much labor and capital is a distinct branch of trade 0ospitals are not engaged in industr"1 hence not subsidiaril" liable for acts of nurses !rivate persons w?o business or industr", not subsidiarill" liable
there is no need to file a civil action against the employer in order to enforce the subsidiary civil liability for the crime committed by his employee, it is enough that the writ of execution is returned unsatisfied.

In the trial of the case, if the court will allow the participation of the employer to protect its civil liability, it cannot put up the defense of diligence of a good father of a family. 7uch kind of defense is available only if the action is based or predicated on ,uasi-delict under -rticle (&>4 of the #ivil #ode. D's"'*-"'o*s b#"7##* the civil liability of the employer under A%"'- # =E? of the +evised "enal #ode and his liability under A%"'- # >=CE of the Gew #ivil #ode.
1. #s to the source of the civil liability of the offender-employer.

/nder -rticle &4) of the +evised "enal #ode, the civil liability arises from crime, while under -rticle (&>4, the obligation arises from ,uasidelict. &. #s to the nature of the liability of the employer. The liability of the employer under the +"# is subsidiary, while under the #ivil #ode, it is direct and primary' ). #s to whether a separate complaint must be filed against the employer. /nder the +"#, the filing of a separate complaint against the operator for recovery of subsidiary liability is clear from the decision of conviction against the accused. /nder the #ivil #ode, the complaint must be filed against the employer because his liability is direct and primary. 7. #s to the necessity of previous conviction in a criminal case.
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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


The +"# re,uires previous conviction of the offender-employer. 7uch is not re,uired under the #ivil #ode. .. #s to the availability of the defense of the :e+ercise of diligence of a good father of the family in the selection and supervision of employee.; This defense is not available to defeat the employer9s subsidiary liability under the +"#. On the other hand, the #ivil #ode allows such defense in favor of the employer. - judgment of conviction sentencing a defendant employee to pay an indemnity is conclusive upon the employer in an action for the enforcement of the latter9s subsidiary liability. (!otea vs& @alili, 2G: Phil& J:>) -c,uittal of the driver in the criminal case is not a bar to the prosecution of the civil action based on ,uasi-delict. The source of obligation in the criminal case is -rticle &4), or obligations arising from crime, while the civil action is based on -rticle (&D3 or ,uasi-delict. -rticle &&?D of the #ivil #ode provides that ,uasi-delicts and acts or omissions punishable by law are two different sources of obligations&( irata vs& ;choa )

Art. 2G<. $hat is included in civil liability. K The civil lia!ilit" esta!lishe# in Articles 2GG. 2G2. 2G7. an# 2G6 of this Co#e inclu#es: 2. 7. 6.

Restitution; Reparation of the #amage cause#; )n#emnification for conse$uential #amages.


7irst remed" granted b" law is no. 1, in case this is not possible no. 2. (n either case, no. 3 ma" be re2uired Restitution in theft, the culprit is dut" bound to return the propert" stolen Reparation in case of inabilit" to return the propert" stolen, the culprit must pa" the value of the propert" stolen. (n case of ph"sical in&uries, the reparation of the damage cause would consist in the pa"ment of hospital bills and doctorCs fees to the offended part" )n#emnification the lost of salar" or earnings

C)B)L L)A()L)T) ' P C/+)ARH L)A()L)T) ' (ncludes reparation and indemnification 3ame (ncludes restitution 4return propert" taken5, )o restitution as the liabilities are to be paid nothing to pa" in terms of mone" out of the propert" of the offender )o fines and costs of proceedings (ncludes fines and costs of proceedings

Art. 2G=. !estitution& M @ow made. K The restitution of the thing itself must !e ma#e whenever possi!le. with allowance for an" #eterioration. or #iminution of value as #etermine# !" the court. The thing itself shall !e restore#. even though it !e foun# in the possession of a thir# person who has ac$uire# it !" lawful means. saving to the latter his action against the proper person. who ma" !e lia!le to him.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA This provision is not applica!le in cases in which the thing has !een ac$uire# !" the thir# person in the manner an# un#er the re$uirements which. !" law. !ar an action for its recover".

#he convict cannot b" wa" of restitution, give to the offended part" a similar thing of the same amount, kind or species and 2ualit". The very thing should be returned. (f the propert" stolen while in the possession of the third part" suffers deterioration due to his fault, the court will assess the amount of the deterioration and, in addition to the return of the propert", the culprit will be ordered to pa" such amount General *ule+ the owner of the propert" illegall" taken b" the offender can recover it from whomsoever is in possession thereof. #hus, even if the propert" stolen was ac2uired b" a 3rd person b" purchase w?o knowing that it has been stolen, such propert" will be returned to the owner. Exception+ purchased in a public sale or auction in good faith

*estitution or restoration presupposes that the offended part" was divested of propert", and such propert" must be returned. If the property is in the hands of a third party, the same shall nevertheless be ta#en away from him and restored to the offended party, even though such third part" ma" be a holder for value and a bu"er in good faith of the propert", except when such third party buys the property from a public sale where the law protects the buyer.

(f the thing is ac2uired b" a person #nowing that it was stolen, then he is an accessor" and therefore criminall" liable%liable under anti=fencing law5 #he third part" who ac2uired the stolen propert" ma" be reimbursed w? the price paid therefor if it be ac2uired at 4a5 a public sale and 4b5 in good faith Circumstances which bar an action for recovery+ 1. #orrens title 2. 'hen sale is authori+ed .hen the liability to return a thing arises from a contract , not from a criminal act, the court cannot order its return in the criminal case. -estitution ma" be ordered, even if accused is ac2uitted, provided the offense is proved and it is shown that the thing belongs to someone else

The obligation of the offender transcends to his heirs, even if the offender dies, provided he died after judgment became final, the heirs shall assume the burden of the civil liability, but this is only to the extent that they inherit property from the deceased, if they do not inherit, they cannot inherit the obligations.

.hen crime is not against property, no restitution or reparation of the thing can be done

,ome believed that this civil liability is true only in crimes against property, this is not correct. -egardless of the crime committed, if the propert" is illegall" taken from the offended part" during the commission of the crime, the court ma" direct the offender to restore or restitute such propert" to the offended part". It can only be done if the property is brought within the jurisdiction of that court.

#he court has authorit" to order the reinstatement of the accused ac2uitted of a crime punishable b" the penalt" of perpetual or temporar" dis2ualification

If the property cannot be restituted anymore, then the damage must be repaired, re2uiring the offender to pa" the value thereof, as determined b" the court. That value includes the sentimental value to the offended party, not only the replacement cost. =ut if what would be restored is brand new, then there will be an allowance for depreciation, otherwise, the offended part" is allowed to enrich himself at the expense of the offender.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA Art. 2GA. !eparation& M @ow made& K The court shall #etermine the amount of #amage. ta3ing into consi#eration the price of the thing. whenever possi!le. an# its special sentimental value to the in:ure# part". an# reparation shall !e ma#e accor#ingl".
+otes: -eparation will be ordered b" the court if restitution is not possible *eparation shall be a5 the price of the thing b5 its sentimental value
In case of human life, reparation of the damage cause is basicall" !8;,;;;.;; value of human life, exclusive of other forms of damages. #his !8;,;;;.;; ma" also increase whether such life was lost through intentional felon" or criminal negligence, whether the result of dolo or culpa. lso in the crime of rape, the damages awarded to the offended woman is generall" !8;,;;;.;; for the damage to her honor.3upreme %ourt ruled that even if the offended woman does not adduce evidence or such damage, court can take &udicial notice of the fact that if a woman was raped, she inevitabl" suffers damages.

(f there is no evidence as to the value of the thing unrecovered, reparation cannot be made !a"ment b" the insurance compan" does not relive the offender of his obligation to repair the damage caused #he damages shall be limited to those caused b" the crime Accused is liable for the damages caused as a result of the destruction of the propert" after the crime was committed either because it was lost or destro"ed b" the accused himself or that of an" other person or as a result of an" other cause or causes

Art. 2GE. Indemnification M $hat is included& K )n#emnification for conse$uential #amages shall inclu#e not onl" those cause# the in:ure# part". !ut also those suffere# !" his famil" or !" a thir# person !" reason of the crime.

Indemnity refers to crimes against persons1 reparation to crimes against propert"

Indemnification of conse(uential damages refers to the loss of earnings, loss of profits. #his does not refer onl" to conse2uential damages suffered b" the offended part"1 this also includes conse2uential damages to third part" who also suffer because of the commission of the crime.

(ndemnit" for medical services still unpaid ma" be recovered *ontributory negligence on the part of the offended part" reduces the civil liabilit" of the offender #he civil liabilit" ma" be increased onl" if it will not re2uire an aggravation of the decision in the criminal case on w?c it is based #he amount of damages for death shall be at least 8;,;;;, even though there ma" have been mitigating circumstances. In addition+ 1. capacit" of the deceased pa"ment for the loss of the earning

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


2. if the deceased was obliged to give support, the recipient who is not an heir, ma" demand support from the defendant 3. the spouse, illegitimate and illegitimate descendants and ascendants of the deceased ma" demand for moral damages. 'oral damages may be recovered in the ff+ 1. ph"sical in&uries 2. seduction, abduction, rape 3. adulter", concubinage 4. illegal or arbitrar" detention 8. illegal search /. libel, slander, defamation .. malicious prosecution

Exemplary damages ma" be imposed when the crime was committed with one or more aggravating circumstances1 cannot be recovered as a matter of right, the court will decide whether the" should be ad&udicated.

Indemnification also includes the award of attorney9s fees. "rivate prosecutor is therefore entitled to the award of attorney9s fees.

;bligation to ma%e restoration, reparation for damages, or indemnification for consequential damages and actions to demand the same M (pon whom it devolves. K The o!ligation to ma3e restoration or reparation
Art. 2GF. for #amages an# in#emnification for conse$uential #amages #evolves upon the heirs of the person lia!le. The action to #eman# restoration. reparation. an# in#emnification li3ewise #escen#s to the heirs of the person in:ure#.
#he heirs of the person liable has no obligation if restoration is not possible and the deceased left no propert" *ivil liability is possible only when the offender dies after final judgement. (f the death of the offender took place before an" final &udgement of conviction was rendered against him, the action for restitution must necessaril" be dismissed.

-n action for damages by reason of wrongful death may be instituted by the heirs of the deceased against the administrator or executor of the estate of the deceased offender. It cannot be brought by the administrator of the victim9s estate.

Art. 2G5. )hare of each person civilly liable. K )f there are two or more persons civill" lia!le for a felon". the courts shall #etermine the amount for which each must respon#.
In case of insolvency of the accomplices, the principal shall be subsidiaril" liable for their share of the indemnit" and in case of the insolvency of the principal, the accomplices shall be subsidiaril" liable, &ointl" and severall" liable, for the indemnit" due from said principal

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


.hen there are several offenders, the court in the exercise of its discretion shall determine what shall be the share of each offender depending upon the degree of participation as principal, accomplice or accessor". (f within each class of offender, there are more of them, such as more than one principal or more than one accomplice or accessor", the liabilit" in each class of offender shall be subsidiar". An"one of them ma" be re2uired to pa" the civil liabilit" pertaining to such offender without pre&udice to recover" from those whose share have been paid b" another. If all the principals are insolvent, the obligation shall devolve upon the accomplice4s5 or accessor"4s5. =ut whoever pa"s shall have the right of recovering the share of the obligation from those who did not pa" but are civill" liable. In case the accomplice and the principal cannot pay, the liabilit" of those subsidiaril" liable is absolute. To relate with rticle D@, when there is an order or preference of pecuniar" 4monetar"5 liabilit", therefore, restitution is not included here. There is not subsidiary penalty for non=payment of civil liability. The owners of taverns, inns, motels, hotels, where the crime is committed within their establishment due to noncompliance with general police regulations, if the offender who is primaril" liable cannot pa", the proprietor, or owner is subsidiaril" liable. Felonies committed by employees, pupils, servants in the course of their employment, schooling or household chores. #he emplo"er, master, teacher is subsidiaril" liable civill", while the offender is primaril" liable.

)everal and subsidiary liability of principals, accomplices and accessories of a felony M Preference in payment& K +otwithstan#ing the
Art. 22G. provisions of the ne%t prece#ing article. the principals. accomplices. an# accessories. each within their respective class. shall !e lia!le severall" (in soli#um) among themselves for their $uotas. an# su!si#iaries for those of the other persons lia!le. The su!si#iar" lia!ilit" shall !e enforce#. first against the propert" of the principals; ne%t. against that of the accomplices. an#. lastl". against that of the accessories. ,henever the lia!ilit" in soli#um or the su!si#iar" lia!ilit" has !een enforce#. the person !" whom pa"ment has !een ma#e shall have a right of action against the others for the amount of their respective shares.
1ubsidiary liability will be enforced on+ 1. first, against the propert" of the principal
2. (.

second, against that of the accomplice third, against that of the accessories

I !s"%a"'o*6 Two principals, two accomplices and two accessories were convicted in a homicide case, and the indemnity to the heirs of the victim was fixed at "hp3,444.44. The ,uota of the principals was fixed at "hp),444.44' the accomplices at "hp(,444.44 and the accessories at "hp&,444.44 and as between themselves, the liability of each was F. If both principals were insolvent, their ,uota would be borne by the two accomplices whose liability would be "hp(,?44.44 each for a total of "hp?,444.44, the ,uota of both principals and accomplices. If the accessories were insolvent, the principals would bear their ,uota. 7ubsidiarily and in default of the principals, the accomplices would bear the ,uota of the accessories.

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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA Art. 222. ;bligation to ma%e restitution in certain cases. K An" person who has participate# gratuitousl" in the procee#s of a felon" shall !e !oun# to ma3e restitution in an amount e$uivalent to the e%tent of such participation.
/otes+ 1. #his refers to a person who has participated gratuitousl" in the commission of a felon" and he is bound to make restitution in an amount e2uivalent to the extent of such participation 2. #he third person must be innocent of the commission of the crime otherwise he would be liable as an accessor" and this article will not appl"

Art. 227. 6xtinction of civil liability. K Civil lia!ilit" esta!lishe# in Articles 2GG. 2G2. 2G7. an# 2G6 of this Co#e shall !e e%tinguishe# in the same manner as o!ligations. in accor#ance with the provisions of the Civil Law.
Civil liability is extinguished by+ 1. pa"ment or performance 2. loss of the thing due 3. condonation or remission of the debt 4. confusion or merger of the rights of creditor and debtor 8. compensation /. novation <ther causes of extinguishment of obligations* annulment, rescission, fulfillment of a resolutor" condition and prescription . Civil liability may arise from 1. %rime $ -!% 2. =reach of contract $ %% 3. #ortious act %% #he civil liabilit" from an" of these is extinguished b" the same causes enumerated above #he accused shall still be liable for the pa"ment of the thing stolen even if it is lost or destro"ed

*ivil liability of the offender is extinguished in the same manner as civil obligation is extinguished but this is not absolutel" true. :nder civil law, a civil obligation is extinguished upon loss of the thing due when the thing involved is specific. This is not a ground applicable to extinction of civil liability in criminal case if the thing due is lost, the offender shall repair the damages caused.

The judgment for civil liability prescribes in ten years. It may be enforced by writ of execution within the first five years and by action for revival of judgment during the next five years. Insolvency is not a defense to an action to enforce judgment.

Art. 226. ;bligation to satisfy civil liability& K %cept in case of e%tinction of his civil lia!ilit" as provi#e# in the ne%t prece#ing article the offen#er shall continue to !e o!lige# to satisf" the civil lia!ilit" resulting from the crime committe# !" him. notwithstan#ing the fact that he has serve# his sentence consisting of #eprivation of li!ert" or other rights. or has not !een re$uire# to serve the same !" reason of amnest". par#on. commutation of sentence or an" other reason.
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Codal and Notes in CRIMINAL LAW BOOK I by RENE CALLANTA


Anless extinguished, civil liabilit" subsists even if the offender has served sentence consisting of deprivation of libert" or other rights or has served the same, due to amnest", pardon, commutation of the sentence or an" other reason. Ander the law as amended, even if the subsidiary imprisonment is served for non= payment of fines, this pecuniary liability of the defendant is not extinguished. 'hile amnesty wipes out all traces and vestiges of the crime, it does not extinguish the civil liabilit" of the offender. A pardon shall in no case exempt the culprit from the pa"ment of the civil indemnit" imposed upon him b" the sentence "robation affects onl" the criminal aspect of the crime.

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