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I. FUNDAMENTAL CRIMINAL LAW PRINCIPLES OF
1. PENOLOGICAL OBJECTIVES a.
The first section is a review on certain definitions, principles and concepts underlying Criminal Law as a branch of study. There are FOUR MAJOR LESSONS in this section: A. DEFINITION AND PURPOSE OF CRIMINAL LAW B. RATIONALE BEHIND STATE AUTHORITY TO PUNISH CRIME C. REVIEWING BASIC PRINCIPLES D. MEMORIZING RELEVANT LATIN MAXIMS
Utilitarian theory or protective theory The primary purpose: Protection of society from actual or potential wrongdoers
Classical or juristic philosophy
Best remembered by the maxim “An eye for an eye, a tooth for a tooth.” [Note: If you want to impress the examiner, use the latin version- Oculo pro oculo, dente pro dente.] The primary purpose: Retribution. c. Positivist or realistic philosophy The primary purpose: Reformation. There is great respect for the human element because the offender is regarded as socially sick who needs treatment, not punishment. d. Eclectic or mixed philosophy This combines both positivist and classical thinking. Crimes that are economic and social by 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. The Revised Penal Code today follows the mixed or eclectic philosophy. For example: intoxication of the offender is considered to mitigate his criminal liability, unless it is intentional or habitual; the age of the offender is considered; the woman who killed her child to conceal her dishonor has in her favor a mitigating circumstance.
A. DEFINITION Criminal law is that branch or division of municipal law which defines crimes, treats of their nature and provides for their punishment. It is that branch of public substantive law which defines offenses and prescribes their penalties. It is substantive because it defines the state’s right to inflict punishment and the liability of the offenders. It is public law because it deals with the relation of the individual with the state. B. STATE AUTHORITY TO PUNISH CRIME 1987 Constitution Article II, Section 5 Declaration of Principles and State Policies. The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. SOURCES OF CRIMINAL LAW 1. The Revised Penal Code (Act No. 3815) and its amendments 2. Special penal laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa. 3. Penal Presidential Decrees issued during Martial Law.
a. Must be general in application. b. Must not partake of the nature of an ex post facto law. (1987 Const. Art III, Sec.22) c. Must not partake of the nature of a bill of attainder. (1987 Const. Art III, Sec 22) d. Must not impose cruel and unusual punishment or excessive fines. (1987 Const. Art III, Sec 19) C. REVIEWING BASIC PRINCIPLES 1. 2. 3. 4. 5. Generality (WHO) Territoriality (WHERE) Prospectivity (WHEN) Legality Strict Construction of against the State
IMPORTANT POINTS TO REMEMBER: The state’s authority is grounded on what is called the penological objectives. However, such power is also subject to certain limitations.
1. 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. Generality has no reference to territory. It refers to persons that may be governed by the penal law However, it is subject to certain exceptions
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Art. 2, RPC, “Except as provided in the treatise or laws of preferential application…” Art. 14, Civil Code, “…subject to the principles of public international law and to treaty stipulations.” o An example of a treaty or treat stipulation is the Bases Agreement entered into by the Philippines and the US on Mar. 14, 1947 and expired on Sept. 16, 1991. Another example would be the VFA1 signed on Feb. 10, 1998
The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. • Terrestrial jurisdiction is the jurisdiction exercised over land. • Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. • Aerial jurisdiction is the jurisdiction exercised over the atmosphere. Excepted under the territoriality characteristic of penal laws are the cases provided for by Art. 2 of the Revised Penal Code. The Code therefore has territorial and extraterritorial applications. b. Scope Of Application Of The Provisions Of The Revised Penal Code
Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
Also excepted under the law of generality are Members of the Congress who are not liable for libel or slander with any speech in Congress or congressional committee. (Sec 11, Art VI 1987 Constitution) Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned2. o EXCEPTIONS TO THE EXCEPTION… (1) Note that consuls are not diplomatic officers. (2) This includes consul-general, vice-consul or and consul in a foreign country, who are therefore, not immune to the operation or application of the penal law of the country where they are assigned.
*^* 2. TERRITORIALITY OF CRIMINAL LAW a. General rule b. Scope of the RPC a. General Rule
Important Things to Remember: The provisions in Article 2 embraces two scopes of applications: Intraterritorial application 1. Intraterritorial refers to the application of the Revised Penal Code within the Philippine territory (land, air and water). 2. As far as jurisdiction or application of the Revised Penal Code over crimes committed on maritime zones or interior waters, the Archipelagic Rule shall be observed. 3. So the three-mile limit on our shoreline has been modified by the rule.
Territoriality-MEANS THAT THE… Penal laws of the country have force and effect only within its territory. It cannot penalize crimes committed outside the same.
1 Take note of the Visiting Forces Agreement, Art. V, which defines Criminal Jurisdiction over United States military and civilian personnel temporarily in the Philippines in connection with activities approved by the Philippine Government 2
R.A. No. 75 which penalizes acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign diplomatic representatives in the Philippines
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Extraterritorial application 1. Extraterritoria3l refers to the application of the Revised Penal Code outside the Philippines territory: Par. 1: Crimes committed aboard merchant vessels 1) The RPC is applied to Philippine vessels4 if the crime is committed while the ship is treading: a) Philippine waters (intraterritorial application), or b) The High Seas i.e. waters NOT under the jurisdiction of any State (extraterritorial application) 2) Two rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another country (i.e. a foreign vessel treading Philippine waters OR Philippine vessels treading waters under the jurisdiction of another state): a) FRENCH RULE: It is the FLAG/Nationality of the vessel which determines jurisdiction UNLESS the crime violates the peace and order of the host country. b) ENGLISH RULE: the location or situs of the crime determines jurisdiction UNLESS the crime merely relates to internal management of the vessel. NOTE: Philippines adhere to ENGLISH RULE. Illustration: If two petty officers aboard a Russian ship docked in Manila North Harbor got into a fistfight which resulted in serious physical injuries, it is Russian Law which will apply. However, if the cause of the fight is a dispute over the ownership of several hundred grams of cocaine stashed somewhere in the ship, then Philippine Law must apply because importation of illegal substance is a violation of public peace and order. NOTE: This illustration works for both rules because the general rule in one is the exception of the other. NOTE: These rules are NOT applicable if the vessel is on the high seas when the crime was committed, in these cases, the laws of the nationality of the ship will always apply. 3. When the crime is committed in a war vessel of a foreign country, the NATIONALITY of the vessel will ALWAYS determine jurisdiction because war vessels are part of the sovereignty of the country to whose navel force they belong. 4. Three International Jurisdiction Theories On Aerial
a. Free Zone Theory The atmosphere over the country is free and not subject to the jurisdiction of the subjacent state, except for the protection of its national security and public order. b. Relative Theory The subjacent state exercises jurisdiction over the atmosphere only to the extent that it can effectively exercise control thereof. c. Absolute Theory i. The subjacent state has complete jurisdiction over the atmosphere above it subject only to the innocent passage by aircraft of a foreign country. NOTE: The Philippines adopts this theory. ii. Under this theory, if the crime is committed in an aircraft, no matter how high, as long as it can be established that it is within the Philippine atmosphere, Philippine 5 criminal law will govern. Par. 2 & 3: Forging/Counterfeiting and Introducing Coins or Currency Notes in the Philippines 1. The forgery is committed abroad 2. And it refers to Philippine coin, currency note, obligation and security Par. 4: When public officers or employees commit an offense in the exercise of their functions 1) The most common subject of bar problems in Article 2 is paragraph 4. 2) As a general rule, the Revised Penal Code governs only when the crime committed pertains to the exercise of the public official’s functions: a) Those having to do with the discharge of their duties in a foreign country. b) The functions contemplated are those, which are, under the law: i) to be performed by the public officer ii) in the Foreign Service of the Philippine government iii) in a foreign country. NOTE: The Revised Penal Code governs if the crime (whether or not in relation to the exercise of public functions) was committed within the Philippine Embassy or within the embassy grounds in a foreign country. This is because embassy grounds are considered an extension of sovereignty. Thus the crime is deemed to have been committed in Philippine soil. Illustration: A Philippine consulate official who is validly married here in the Philippines and who marries again in a foreign country cannot be prosecuted
RA9327 (The Human Security Act) contains provisions for extraterritorial application
The country of registry determines the nationality of the vessel, NOT ITS OWNERSHIP. A Filipino-owned vessel registered in China must fly the Chinese flag.
See Anti-hijacking Law, pg___
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1981. ◦ the law in force at the time of the commission of the offense shall be applied. In this case. 15. • Rule of prospectivity also applies to judicial decisions6. • Ex post facto law is • Ex post facto law is one that is specifically made to retroact to cover acts before it became effective to the prejudice of the accused. since it is as if he contracted the marriage here in the Philippines. Different effects of repeal of penal law. Civil Code 100% UP LAW 2008 Page 4 of 62 . — Penal Laws shall have a retroactive effect --insofar as they favor the persons guilty of a felony. the new doctrine should not apply to parties who had relied on the old Circular and acted on the faith thereof. although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. if the second marriage was celebrated within the Philippine embassy. People that under the new Circular. UP BAROPS Art. No retrospective effect. should be construed strictly against the State and liberally in favor of the accused. it was ruled in Que vs. Exception: Art. 4 of the Ministry of Justice. Retroactive effect of penal laws. CA (1993). the drawer is not criminally liable for either estafa or violation of BP 22. Hence. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. Rationale for the prospectivity rule: the punishability of an act must be reasonably for the guidance of society. --who is not a habitual criminal. but not to common law countries. 8. • If the new law imposes a heavier penalty. administrative rulings and circulars. ◦ the new law shall be applied. or to make a certain crime graver or prescribe a heavier penalty for it. Par. the administrative interpretation was reversed in Circular No. it is null and void. ◦ except when the offender is a habitual delinquent or when the new law is made not applicable to pending action or existing causes of action. PROSPECTIVITY OF CRIMINAL LAW MEANS THAT… Acts or omissions will only be subject to a penal law if they are committed AFTER a penal law had already taken effect. ◦ the crime is obliterated. 1.CRIMINAL LAW here for bigamy because this is a crime not connected with his official duties. 1. 12. as this term is defined in Rule 5 of Article 62 of this Code. provides that “where the check is issued as part of an arrangement to guarantee or secure the payment of an obligation. Rebellion is not included. 1984. 4. Circular No. However. 22.one lenient to the offender and one strict to the offender- 6 Art. 5: Commit any of The Crimes Against National Security and the Law Of Nations. consistent with the principle of prospectivity. Defined In Title One Of Book Two Of This Code. Penalties that may be imposed. STRICT CONSTRUCTION OF PENAL LAWS AGAINST STATE: THE “DOCTRINE OF PRO REO” Whenever a penal law is to be construed or applied and the law admits of two interpretations . such that the claim that the check was issued as a guarantee or part of an arrangement to secure an obligation or to facilitate collection. 21. he may be prosecuted here. There is no crime when there is no law punishing the same. LEGALITY (NULLUM POENA SINE LEGE) CRIMEN NULLA *^* 3. being a limitation on the rights of the people. dated December. Limitation: • Not any law punishing an act or omission may be valid as a criminal law. a check issued merely to guarantee the performance of an obligation is covered by BP 22. Co vs. This is also called irretrospectivity. is no longer a valid defense for the prosecution of BP 22. This is consistent with the general principle that criminal laws. 2. whether pre-existing or not. • If the repeal makes the penalty lighter in the new law.” Subsequently. However. General Rule: prohibited. If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable. If the law punishing an act is ambiguous. Vice versa. • This is true to civil law countries. issued on August 8. Any crime against public order is under the jurisdiction of the host country. this act or omission which has been committed before the effectivity of a penal law could not be penalized by such penal law because penal laws operate only prospectively. 5.
IMPORTANCE: • There are certain provisions in the Revised Penal Code where the term “felony” is used. There are section: FIVE MAJOR LESSONS in this This is in consonance with the fundamental rule that all doubts shall be construed in favor of the accused .7 D. This is peculiar only to criminal law. FELONIES: HOW COMMITTED C. ACTUS ME INVITO MEUS ACTUS FACTUS NON EST A. such as a violation of an ordinance. FELONY The term felony is limited only to violations of the Revised Penal Code. OFFENSE. BASIC MAXIMS IN CRIMINAL LAW 1. shall be punished under the maximum period of the penalty. Article III. the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence. This is related to the preceding maxim and is manifested in People v. 14(2) In all criminal prosecutions. Corpuz v. which reads: “A person who shall commit a felony after having been convicted by final judgment. This maxim is not an absolute one because it is not applied to culpable felonies. the generic word “crime” can be used. the different stages of committing an as well as the classification of punishable conduct. FELONIES This section discusses how and why an act is subject to criminal liability. but not a felony resulting from culpa. 2. 7 Ursua v. EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL CAUSADO He who is the cause of the cause is the cause of the evil caused. CA (1996). He who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom. ACTUS NON FACIT REUM. People (1991) UP BAROPS 2008 Page 5 of 62 100% UP LAW . NISI MENS SIT REA The act cannot be criminal where the mind is not criminal. OFFENSE A crime punished under a special law is called a statutory offense. 1987 Constitution. 1 of Article 4 which enunciates the doctrine of proximate cause. CRIME Whether the wrongdoing is punished under the Revised Penal Code or under a special law. DIFFERENTIATING FELONIES. which means that the provision is not extended to crimes under special laws. • A specific instance is found in Article 160. DIFFERENTIATING FELONIES. 4. OFFENSE. CLASSIFICATION OF FELONIES D. MISDEMEANOR A minor infraction of the law. When the crime is punishable under a special law you do not refer to this as a felony. This is true to a felony characterized by dolo. This is the rationale in par. Consistent with the presumption of innocence of the accused.Quasi-Recidivism. before beginning to serve sentence or while serving the same. 3. CRIMES DEFINED AND PENALIZED BY SPECIAL LAWS A. II. EQUIPOISE RULE: • When the evidence of the prosecution and the defense are equally balanced. or those that result from negligence.CRIMINAL LAW • that interpretation which is lenient or favorable to the offender will be adopted.” Note that the word “felony” is used. 3. An act done by me against my will is not my act. the accused shall be presumed innocent until the contrary is proved…. MISDEMEANOR AND CRIME B. whether foreseen or intended or not. 2. Sec. Ah Chong. MISDEMEANOR AND CRIME 1.
there is no liability. THERE MUST BE A CONCURRENCE BETWEEN THE ACT AND THE INTENT. • so criminal intent is presumed to exist only if the act is unlawful. Categories of Intent c. Presumption Criminal Intent • Intent is a mental state. Illustration: If A. there must be an act or omission. MENS REA/MENTAL ELEMENT mens rea. 287. status. • However. • The presumption of criminal intent may arise from proof of the criminal act and it is for the accused to rebut this presumption. in some crimes intent cannot be presumed being an integral element thereof.e. failure to issue receipt or non disclosure of knowledge of conspiracy against the government10. 5th ed. There must be an act or omission b. Distinction between Intent and i. there is dolo when there is deceit. If A scratches something. • It is important that there is a law requiring the performance of an act. Elements b. lack of foresight. specific intent to kill is not presumed but must be proven. a passenger of a jeepney seated in front of a lady. 9 11 Black's Law Dictionary. At the time the Revised Penal Code was codified. 116. or lack of skill. Motive IMPORTANT THINGS TO REMEMBER: Under Article 3. Discernment ii. DOLO (DELIBERATE INTENT) a. 3. it is defined as Omission is • the failure to perform a duty • required by law. Light coercions. Abandonment of person in danger and abandonment of one's own victim 10 Art. ELEMENTS OF FELONIES a. 275. — Acts and omissions punishable by law are felonies (delitos). in frustrated homicide. This term is used synonymously with criminal or deliberate intent It does not mean that if an act or omission is punished under the Revised Penal Code. Art. This is no longer true. FELONIES: HOW COMMITTED Art. However. started putting out his tongue suggesting lewdness that is already an act in contemplation of criminal law8. so it has to be proven (i. if there is no positive duty. That the act is performed or the commission incurred by means of dolo or culpa ACTUS REUS/PHYSICAL ACT To be considered as a felony. deceit means fraud. a felony is already committed. There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence. It does not apply if the act is not criminal. • the existence of which is shown by the overt act of a person. It sometimes referred to in common parlance as the gravamen of the offense (bullseye of the crime). this is already an act which annoys the lady he may be accused of unjust vexation. is defined as "a guilty mind. Definitions. Misprision of treason. Liability Even in the Absence of Criminal Intent • There are 2 exceptions to the requirement of Criminal Intent: ◦ FELONIES COMMITTED by CULPA (infra) ◦ OFFENSE MALA PROHIBITA (infra) 8 Unjust vexations under Art. p.CRIMINAL LAW B. ACT v. otherwise it is merely physical injuries). and this is not the meaning of dolo. Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).. a guilty or wrongful purpose or criminal intent"11. negligence. That the act or omission must be punishable by the RPC c. and must be coupled with freedom of action and intelligence on the part of the offender as to the act done by him. He cannot claim that there was no crime committed. For an act to be punishable. 1. A mere imagination no matter how wrong does not amount to a felony. the term nearest to dolo was deceit. on the other hand is a concept which lies between an action and the imagination. An act refers to any kind of body movement that produces change in the outside world. not malicious mischief. 889 100% UP LAW UP BAROPS 2008 Page 6 of 62 . STATUS • An act must produce some kind of change with a physical manifestation. Dolo is DELIBERATE INTENT otherwise referred to as criminal intent. 1. • Examples of such are failure to render assistance9.
Puno (1993) People vs Hassan.g. He then stabbed Burt. Important only in certain cases (see below) in Establish the nature and extent of culpability Integral to the element of intelligence NOT intent. entitled to any exempting circumstances (due to lack of discernment) or there was a mistake of fact (infra). the gravamen of the offense would be the taking with intent to gain as distinguished from estafa where the essence is deceit. • In theft. Discernment and Motive Some of the EXEMPTING CIRCUMSTANCES exculpate those who LACK THE INTELLIGENCE to determine the nature and consequences of their actions. vengeance).14 Illustration: Ernie came home and found his wife in a pleasant conversation with Burt. Ernie can be liable for more than one crime. If any of the elements is absent. Thereupon.12 b. there could be no intentional felony. INTENT Determination to do a certain thing. the burden is upon the prosecution to establish its existence. When Motive becomes Material determining Criminal Liability: Illustration Ernie. Distinctions Between Intent. However. an aim or purpose of the mind. there is no dolo. Criminal intent. then the presumption that he intended to do something wrong is obliterated along with the need to determine specific intent. former suitor. he went to the kitchen. thus. and The lack of freedom makes one merely a tool iii. This is the GENERAL CRIMINAL INTENT. Ernie can overturn the presumption of general criminal intent by proving that he was justified (infra). the result of Ernie’s act will now determine his liability. The moving force is jealousy. prosecution must establish Ernie’s SPECIFIC INTENT in order to determine 12 Visbal vs. stabbed Burt. Categories of Intent In criminal law. Buban. Freedom of action. robbery13 2) The identity of the accused is doubtful 3) The evidence on the commission of the crime is purely circumstantial.g. 2003 1) When the act brings about variant crimes e. kidnapping v. If the prosecution wants to hold Ernie liable for homicide/murder. Elements of DOLO i. 1988 14 100% UP LAW UP BAROPS 2008 Page 7 of 62 . Specific Criminal Intent The intention to commit a definite act Existence is not presumed Since the specific intent is an element of the crime. The very act of stabbing is the quantum of proof needed to establish the fact that Ernie intended to do something wrong. without any provocation. Intelligence The lack of intelligence makes one unable to determine → The morality of his acts → The effect of his actions The presence CIRCUMSTANCES FREEDOM of JUSTIFYING indicates LACK OF whether he planned to kill Burt or merely to inflict a whole lot of pain. intent is categorized into two types: General Criminal Intent The intention to do something wrong Presumed from the mere doing of a wrong act The burden is upon the wrong doer to prove that he acted without such criminal intent. The lack of CRIMINAL INTENT can be a MITIGATING CIRCUMSTANCE or the accused can be merely held liable for CRIMINAL NEGLIGENCE.CRIMINAL LAW a. If there is no dolo. Was his act justified that he incurs no liability? Is he entitled to any exemption? Or is his liability only mitigated? Establishing the specific intent is the way to hit the “bullseye” of the crime: • E. which is the “bullseye” of the crimes mentioned. then they have to establish Ernie’s intent to kill. • Attempted rape and acts of lasciviousness have similar elements separated only by the offender’s intent to have sexual intercourse with the victim. This is shown by overt acts It presupposes the existence of the two subsequent elements ii. opened a drawer and pulled out a knife. 4) Also. If he is successful. However. lack of motive can aid in showing the innocence of the accused. DISCERNMEN T the mental capacity to tell right from wrong MOTIVE It is the moving power which impels one to do an act (ex. c. 13 People v.
This only means that he knew what is right from wrong and deliberately chose to do what is wrong. Elements b. 2) Was the houseboy’s intention lawful? a.CRIMINAL LAW The intent is the resort to the knife. The Requisites16 of Mistake of Fact are: i. His deliberate intent to defend himself with the knife can be determined by the fact that he cried out sufficient warnings prior to the act. Faller was charged with malicious mischief. If it was really the robber and not the roommate then the houseboy was justified. which are standard languages in an information. The Supreme Court pointed out that although the allegation in the information charged the accused with an intentional felony. That the intention of the accused in performing the act should be lawful. A felony may be committed or incurred through dolo or culpa. Faller (1939). yet the words feloniously and unlawfully. NOTE: Discernment does not indicate the presence of intent. and after crying out sufficient warnings and believing himself to be under attack. That the act done would have been lawful had the facts been as the accused believed them to be. mistake of fact is not a defense. He was acting out of selfpreservation. Malicious mischief is an intentional negligence under Article 327 of the Revised Penal Code You do not have malicious mischief through simple negligence or reckless imprudence because it requires deliberateness. you have criminal negligence as an omission which the article definitely or specifically penalized. Act of Dolo OR Act of Culpa FELONY People vs. Yes. Yes. the former suitor. it is clear that culpa is just a modality by which a felony may be committed. It was stated indirectly that criminal negligence or culpa is just a mode of incurring criminal liability. When the accused is negligent. • When the offender acted out of a mistake of fact. discernment is necessary whether the crime is dolo or culpa. d. • it cannot be said that he acted with criminal intent. honestly mistaking the latter to be a robber responsible for a series of break-ins in the area. iii. cannot be held criminally liable for homicide. 3) Was the houseboy without fault or negligence? a. Cordova 1993 People vs Oanis. 2. Yes. criminal intent is negated. AS A CRIME In Article 365. 1988 16 100% UP LAW UP BAROPS . Stabbing the victim whom the accused believed to be an intruder showed a mistake of fact on his part which led him to take the facts as they appear to him and was pressed to take immediate action. Is culpa merely a mode of committing a crime or a crime in itself? AS A MODE Under Article 3. 1) Would the stabbing be lawful if the facts were really what the houseboy believed? a. covers not only dolo but also culpa because culpa is just a mode of committing a felony. • This is absolutory if the crime involved dolo. so do not presume that the act was done with criminal intent. CULPA (CONSTRUCTIVE INTENT) a. ii. the accused was charged with malicious mischief. so that means he desires to kill the Burt. there could be culpable felony. The concept of criminal negligence is the inexcusable lack of precaution on the part of 2008 Page 8 of 62 15 People v. Illustration: People v. Doctrines Concerning Culpable Crimes IMPORTANT THINGS TO REMEMBER: Although there is no intentional felony. merely intelligence. but was convicted of damage to property through reckless imprudence. The element of criminal intent is replaced by CRIMINAL NEGLIGENCE. Mistake of Fact (ignorantia facti excusat) When an offender acted out of a misapprehension of fact. Ernie’s deliberate choice of something as lethal as the knife shows the presence of intelligence because it is his very awareness of the danger which prompted his choice. Ah Chong (1910) A houseboy who stabs his roommate in the dark. In this case. Culpa is just a means by which a felony may result. That the mistake must be without fault or carelessness on the part of the accused.15 Thus.
the bus collided with a jeep injuring the passengers of the latter. one might think that criminal negligence is the one being punished. lack of foresight or lack of skill.L. the accused may not be prosecuted again for the same act. • He cannot be charged for lack of foresight and/or prudence because the person cannot discern and predict the consequence of his course of action. Doctrine Of “Last Clear Chance” • The contributory negligence of the party injured ◦ will not defeat the action • if it be shown that the accused might. Because Article 365. The view of Justice Reyes is sound. Rule Of Negative Ingredient • This is related to the doctrine of proximate cause and applicable when certain causes leading to the result are not identifiable. Freedom of action on the part of the offender. and vigilance depends on whether the person chose to be or not. Elements of CULPA Culpa Requires the Concurrence of Three Requisites: Criminal negligence on the part of the offender. The law penalizes the negligent act and not the result. Justice J. Once convicted or acquitted of a specific act of reckless imprudence. Prior to his acquittal. he was not acting under duress. • Negligence presupposes the ability to be vigilant. • so must make speedy decision based largely upon impulse or instinct. • that is. That is why a question is created that criminal negligence is the crime in itself. It does not qualify the substance of the offense. FELONIES Quizon vs. • This rule states that ◦ the prosecution must first identify what the accused failed to do. the burden of evidence shifts to the accused. ◦ even though it later appears that he made the wrong decision. the crime was the result of negligence. Intelligence on the part of the offender in the performance of the negligent act. which states that culpa is just a mode by which a felony may result. by the exercise of reasonable care and prudence. but the problem is Article 3. The gravity of the consequences is only taken into account to determine the penalty. 100% UP LAW UP BAROPS 2008 Page 9 of 62 . simple or reckless. ◦ It does not arise where a passenger demands responsibility from the carrier to enforce its contractual obligation • Last Clear Chance is a defense by the defendant in a damage suit against liability by transferring it to the plaintiff. Accused claimed that he was placed in twice in jeopardy. reckless imprudence. A case was filed against the accused for slight physical injuries through reckless imprudence for which he was tried and acquitted. Held: The second case must be dismissed.CRIMINAL LAW the person performing or failing to perform an act.B. For the essence of the quasi-offense under Art. Buno (1966) ◦ The principle about the "last clear chance" would call for application in a suit between the owners and drivers of the two colliding vehicles. but reckless imprudence resulting in homicide. • The absence of intelligence means that the person is unable to assess the danger of a situation. ◦ Once this is done. that is. a. People v. • have avoided the consequences of the negligence of the injured party. Allegedly because of his recklessness. and the correct designation should not be homicide through reckless imprudence. • This dynamics cannot be replicated in a criminal case because ◦ the liability is penal in nature and thus cannot be transferred within the same case ◦ It is not a case between two parties involved in an incident but rather between an individual and the State. 365 of the RPC lies in the execution of an imprudent act which would be punishable as a felony. a case for serious physical injuries and damage to property through reckless imprudence was filed. Justice of the Peace (1995). Act of Dolo OR Act of Culpa INTENTIONAL CRIMINAL NEGLIGENCE (ART 365) b. ◦ and cannot be held to the same conduct as one who has had an opportunity to reflect. Doctrines Concerning Culpable Crimes Emergency Rule • A person who is confronted with a sudden emergency • may be left no time for thought. creates a distinction between imprudence and negligence. Reyes dissented and claimed that criminal negligence is a quasioffense. • The applicability of this doctrine in criminal cases is somewhat dubious: Anuran v. Buan (1968) Facts: The accused was driving a passenger bus.
Why is it necessary to determine whether the crime is grave. felonies are classified as: a. intentional felonies or those committed with deliberate intent. which are E. 2008 Page 10 of 62 100% UP LAW UP BAROPS . b. The question does not require the candidate to classify but also to define. the slightest penetration 1. Those that have various stages of execution b. 17 Carillo vs People. CLASSIFICATION OF FELONIES This question examination: was asked in the bar How do you classify felonies and how are felonies classified? TIP: What the examiner had in mind was Articles 3. ACCORDING TO THEIR GRAVITY a. FELONIES ARE CLASSIFIED AS FOLLOWS: 1. According to the stages of their execution 3. the law uses the word “demanding. frustrated felony c. Grave felonies or those to which attaches ◦ the capital punishment or ◦ penalties which in any of their periods are afflictive.17 But even certain crimes which are punished under the Revised Penal Code do not admit of these stages. licenses or impose for the government. ACCORDING TO THE STAGES OF THEIR EXECUTION Under Article 9. The essence of the crime is the act itself. 1994 a. Formal crimes are crimes. shall demand an amount bigger than or different from what the law authorizes him to collect. Crimes which have NO FRUSTRATED STAGE a. 2. 6 and 9. A more detailed discussion can be found LIABILITY FOR INCOMPLETE under ELEMENTS (pg___) Related to this classification of felonies as to: 1. Under Article 6. Material Felonies a. Light felonies or those infractions of law for the commission of which ◦ the penalty is arresto menor. the examiner was after the classifications under Articles 3. • The stages (Art. consummated felony The classification of stages of a felony in Article 6 are true only to crimes under the Revised Penal Code. According to the manner of their commission 2. whether the taxpayer pays the amount being demanded or not. 6) may not apply to all kinds of felonies. a. they are classified as: already consummates the crime. b. According to their gravity OTHER CLASSIFICATIONS 4. Ex. 3. 6 and 9. culpable felonies or those resulting from negligence. Homicide 3. 2. As to nature consummated in one instance. ◦ the prescription of the crime and ◦ the prescription of the penalty. Do not write the classification of felonies under Book 2 of the Revised Penal Code. ◦ Under sub-paragraph (a) of Article 213 on illegal exaction. attempted felony b. ACCORDING TO THE MANNER OF THEIR COMMISSION Under Article 3.” ◦ Mere demanding of an amount different from what the law authorizes him to collect will already consummate a crime. felonies are classified as: a. • There are felonies which do not admit of division. The purpose of classifying penalties is to bring about a proportionate penalty and equitable punishment. Hence in rape. lack of foresight or lack of skill. Formal Crimes a. and b. Illegal exaction under Article 213 is a crime committed when a public officer who is authorized to collect taxes. the same is true for arson where the slightest burning already renders the crime complete. less grave or light? • To determine ◦ whether these felonies can be complexed or not. The penalties are graduated according to their degree of severity. As to count 5.CRIMINAL LAW ◦ The accused must show that the failure did not set in motion the chain of events leading to the injury. Therefore. ◦ Payment of the amount being demanded is not essential to the consummation of the crime. reckless imprudence. Less grave felonies or ◦ those to which the law punishes with penalties which in their maximum period is correctional. This does not apply to crimes punished under special laws.
TEST TO DETERMINE IF VIOLATION OF SPECIAL LAW IS MALUM PROHIBITUM OR MALUM IN SE 1) Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you remove the law. the fine of P200. 4. 1. It is noteworthy that the amended information alleges that the crime of plunder was committed “willfully. While intentional felonies are always mala in se. it does not follow that prohibited acts done in violation of special laws are always mala prohibita. Offenses not subject to the provisions of this Code.CRIMINAL LAW • In other words. Dolo is not required in crimes punished by special laws because these crimes are mala prohibita. b) Complex crime. Do not omit the phrase “In accordance with Article 25” because there is also a classification of penalties under Article 26 that was not applied. TEST TO DETERMINE IF VIOLATION OF SPECIAL LAW IS MALUM PROHIBITUM OR MALUM IN SE 2. It is considered as a correctional penalty and it prescribes in 10 years. Precisely because the constitutive crimes are mala in se the element of mens rea must be proven in a prosecution for plunder. and c) Composite crime. In those crimes punished by special laws. If the fine is imposed as an alternative penalty or as a single penalty. therefore. he can be made to suffer the fine. Held: Plunder is a malum in se which requires proof of criminal of criminal intent. if the act punished is one which is inherently wrong. 10. It is enough that the prohibited act was voluntarily committed and need not be committed with malice or criminal intent to be punishable.00.00. DISTINCTION BETWEEN CRIMES PUNISHED UNDER THE REVISED PENAL CODE AND CRIMES PUNISHED UNDER SPECIAL LAWS IMPORTANT THINGS TO REMEMBER : Art. This classification of felony according to gravity is important with respect to the question of prescription of crimes. and. If the offender is apprehended at any time within ten years. 100% UP LAW UP BAROPS 2008 Page 11 of 62 . If the penalty is a fine and exactly P200. This Code shall be supplementary to such laws. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. Sandiganbayan (2001) Facts: Estrada is challenging the plunder law. stages and the penalty attached to them. by its very nature. will the act still be wrong? 2) If the working of the law punishing the crime uses the word “willfully. it should be done with criminal intent Malum prohibitum An act is wrong only because there is a law punishing it. these are felonies classified according to their gravity.” It thus alleges guilt knowledge on the part of the petitioner. the definition makes a reference specifically to Article 25 of the Revised Penal Code. constitutes the offense. One of the issues he raised is whether plunder is a malum prohibitum or malum in se. • Ex. is inherently and morally wrong. AS TO COUNT Plurality of crimes may be in the form of: a) Compound Crime. unless it is the product of criminal negligence or culpa. Take note that when the Revised Penal Code speaks of grave and less grave felonies. criminal intent is required to be proved before criminal liability may arise. Even if the crime is punished under a special law. the act alone irrespective of its motives. RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY APPLICATION OF RPC 3. Likewise when the special laws require that the punished act be committed knowingly and willfully. Estrada v. 5. the same is malum in se. CRIMES DEFINED AND PENALIZED BY SPECIAL LAWS 1. apply Article 26. unless the latter should specially provide the contrary. unlawfully and criminally.” then malice must be proven.00 is considered a correctional penalty under Article 26. AS TO NATURE a) Mala in se b) Mala prohibita C. it is only considered a light felony under Article 9. good faith and the lack of criminal intent is a valid defense. Good faith and absence of criminal intent are not valid defenses in crimes punished by special laws MALA IN SE and MALA PROHIBITA Mala in se an act. • If the penalty is exactly P200.
good faith is not a defense. 2. 2. 3. o This is why liability would only arise when there is dolo or culpa in the commission of the punishable act. observe the distinction. MALA IN SE o Good faith or lack of criminal intent is a valid defense. unless the latter should specially provide the contrary (Art. RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY APPLICATION OF RPC Offenses punishable under special laws are not subject to the provisions of the RPC. RPC) Article 10 is the consequence of the legal requirement that one must distinguish those punished under special laws and those under the Revised Penal Code. People. o it is enough that the prohibited act was voluntarily done. if he would not be indemnified for the damages or injuries sustained by him. b. When Applied? • • As a supplement to the special law. As To Moral Trait Of The Offender MALA IN SE o The moral trait of the offender is considered. • The special law is silent as to the civil liability of one who violates the same. or simply correlate the violated special law. But do not think that when a crime is punished outside of the Revised Penal Code. c. the act constituting the crime is a prohibited act. With regard to Article 10. Article 100 states that every person criminally liable for a felony is also civilly liable. it is already a special law. It was held that a violation of a special law can never absorb a crime punishable under the Revised Penal Code. As To Use Of Good Faith As Defense In crimes punished under the Revised Penal Code. Therefore.CRIMINAL LAW Where malice is a factor. because violations of the Revised Penal Code are more serious than a violation of a special law. 3. unless the latter should specifically provide the contrary. MALUM PROHIBITUM o In crimes punished under special laws. • Murder would be a qualifying circumstance in the crime of qualified cattle rustling18. 533. 10. • May the court pronounce that a person is civilly liable to the offended party. The main idea and purpose of the article is embodied in the provision that the "code shall be supplementary" to special laws. As To Degree Of Accomplishment Of The Crime MALA IN SE o the degree 18 of MALUM PROHIBITUM o the act gives rise to Sec. TIP: When given a problem. MALUM PROHIBITUM o The moral trait of the offender is not considered. good faith is a defense. For Example: • A special law punishes a certain act as a crime. 10) contains the soul of the article. do not give suppletory application of the Revised Penal Code to that of the special law. murder was committed. People vs. If no justice would result. if needed to avoid an injustice. unless the crime is the result of culpa. 8. culpa is not a basis of liability. punishing cattle-rustling. Rodriguez (1960). It can absorb the crime of murder. 1. take note if the crime is a violation of the Revised Penal Code or a special law. But a crime in the Revised Penal Code can absorb a crime punishable by a special law if it is a necessary ingredient of the crime in the Code. The RPC shall be supplementary to special laws. 3) In violation of special law. 533 100% UP LAW UP BAROPS 2008 Page 12 of 62 . The crime of cattle-rustling is not a mala prohibitum but a modification of the crime of theft of large cattle. People vs. PD no. considering that the special law is silent on this point? ◦ Yes. the offender cannot be prosecuted for murder. So Presidential Decree No. ◦ That article shall be applied suppletorily to avoid an injustice that would be caused to the private offended party. If in the course of cattle rustling. Martinada. unless the special law punishes an omission. DISTINCTION BETWEEN CRIMES PUNISHED UNDER THE REVISED PENAL CODE AND CRIMES PUNISHED UNDER SPECIAL LAWS a. is not a special law. 451 SCRA 673 The second clause (of Art. Ladonga vs.
• The stages of the commission of felonies will also apply since suppletory application is now allowed. 309. as amended by "The Anti-Cattle Rustling Law of 1974. accomplice and accessory. frustrated consummated stages in commission of crime. and 310. 6425 does not expressly prohibit the suppletory application of the Revised Penal Code. the penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed. • Mitigating and aggravating circumstances can now be considered in imposing penalties. The amendments of Presidential Decree No." The penalty imposed on the principal for the crime of cattle rustling is: xxxxxxxxx Inasmuch as Taer's culpability is only that of an accessory after the fact. are and the the a crime only when it is consummated. o All who perpetrated the prohibited act are penalized to the same extent. Simon (1994) For cases of Illegal possession of firearms. As To Mitigating Circumstances MALA IN SE o Mitigating and aggravating circumstances are taken into account since the moral trait of the offender is And Aggravating MALUM PROHIBITUM o Mitigating and aggravating circumstances are not taken into account in imposing the penalty. 1866 is a special law. o There is no principal or accessory to consider. there attempted. 2. People v.CRIMINAL LAW accomplishment of the crime is taken into account in punishing the offender. Taer v. offenders are classified as principal. MALUM PROHIBITUM o The degree of participation of the offenders is not considered. • hence the rules in said Code for graduating by degrees or determining the proper period should be applied. unless the special law expressly penalizes a mere attempt or frustration of the crime. CA (1990) The offense for which Taer is accused is covered by-Articles 308. o thus. o thus. 6425 (The Dangerous Drugs Act of 1972) by Republic Act NO. As To Degree Of Participation MALA IN SE o When there is more than one offender. 100% UP LAW UP BAROPS 2008 Page 13 of 62 . 53 of the Revised Penal Code. 1. 7659: • Adopted the scale of penalties in the Revised Penal Code. o there are no attempted or frustrated stages. d. o the degree of participation of each in the commission of the crime is taken into account in imposing the penalty. • the penalties therein were taken from the Revised Penal Code. e. • Presidential Decree No. under Art. • although Presidential Decree No.
Illustration: A and B are supposed to meet in A’s home but when B arrived A was not home. 48. LIABILITY FOR INCOMPLETE ELEMENTS AND INCOMPLETE CRIMES E. B took the IPOD. and in cases of excessive penalties. PROXIMATE CAUSE For most felonies. Plural crimes on the discussed under Art. OMISSION C. particularly the Revised Penal Code. criminal liability exists from the concurrence of the mens rea and the actus reus. • there must be a law requiring the performance of such act. 5. there was no malicious intent in the act of letting himself in. 3. taking into consideration the degree of malice and the injury caused by the offense. of Art. LIABILITY FOR PLURAL CRIMES IMPORTANT THINGS TO REMEMBER: 1. HOW IS CRIMINAL LIABILITY INCURRED? Since in Art. 6 also provides liability incomplete elements of a crime. arises only upon a specific resulting harm • In homicide and its qualified forms.CRIMINAL LAW III. 2. 4 makes a person liable even if the accomplishment of his crime is inherently impossible. b. 8. the court shall submit to the Chief Executive. a. such statement as may be deemed proper. There are certain crimes which provide specific liability for conspiring to and proposing the commission of certain acts. A. the reasons which induce the court to believe that said act should be made the subject of legislation. The court cannot convict the accused because This section will dissect each instance where criminal liability may be incurred. the judge should impose the law. Article 5 covers two situations: 1. • it follows that whoever commits a felony incurs criminal liability • it is important to note that if the criminal liability arises from an omission ◦ such as misprision of treason or ◦ abandonment of helpless persons. Art. The most that he could do is recommend to the Chief Executive to grant executive clemency. TRANSFERRED INTENT D. a. Where the court finds the penalty prescribed for the crime too harsh considering the conditions surrounding the commission of the crime.” that whoever commits a felony incurs criminal liability. through the Department of Justice. The proper judgment is acquittal. if the victim does not die the accused may be liable only for physical injuries. it shall render the proper decision. 4. What is B’s criminal liability? B is liable only for theft because the act and the intent occurred only in the act of taking. for the the acts do not constitute a crime. the law uses the word “felony. when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty. other hand are 100% UP LAW UP BAROPS 2008 Page 14 of 62 . B received an SMS from A telling the former to get the house key from under the doormat. In the same way.” This is called transferred intent. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law. In par. Duty of the court in connection with acts which should be repressed but which are not covered by the law. without suspending the execution of the sentence. Fundamental Principles Criminal Liability Of 2. b. What makes paragraph 1 of Article 4 confusing is the addition of the qualifier “although the wrongful act be different from what he intended.1 of Art. Criminal liability for some felonies. • A felony may arise not only when it is intended. The 2nd par. a felony is an act or omission punishable by law. and shall report to the Chief Executive. through the Department of Justice. B lets himself in and saw an IPOD on the table. The court is mandated to report to the Chief Executive that said act be made subject of penal legislation and why. the principle behind this can be found in Art. but also when it is the product of criminal negligence. PROXIMATE CAUSE B. THERE IS NO CRIME UNLESS THERE IS A LAW PUNISHING IT Art. PROPOSAL AND CONSPIRACY F. mainly through: A.
be considered the author of the death of the victim. A agreed to shoulder all the expenses for the treatment of the wound of B. B. he decided to shorten the agony by cutting his throat. As a general rule. who are brothers-in-law. Somehow. is the belief that sooner or later. The victim believing himself to be in immediate peril threw himself into the water. the traffic light turned red so A immediately stepped on his break. on the other hand. Because of that belief. signed forgiveness in favor of A and on that condition. Remote Illustrations: #1 A. the accused shouted at him. so he bumped the car of D. Now. it was but the exercise of a choice between two evils. then C hit the car of B. B hit the car of A. B. were it not for the wound inflicted by A. Because the offended party was slow in his work. the doctor pronounced that the wound was already healed. Medina (1957) Proximate cause is that cause. that profusely bleeding wound would not have been there. and E were driving their vehicles along Ortigas Ave. When A saw this. and D. After so many weeks of treatment in a clinic. #2 In one case. must incur damage. Vda. Held: The deceased. D. with a big knife in hand threatening to kill him. A and B. that the victim died of drowning. Thereafter. A was convicted for manslaughter. This case illustrates that proximate cause does not require that the offender needs to actually touch the body of the offended party. therefore. The proximate cause is the car of E because it was the care of E which sets into motion the cars to bump into each other. Urbano vs. paragraph 1 deals with CAUSATION as the third means of determining criminal liability. C. A was prosecuted for manslaughter. in throwing himself into the river. 100% UP LAW UP BAROPS 2008 Page 15 of 62 . The accused must. followed by B. the offender is criminally liable for all the consequences of his felonious act. he would die out of the wound inflicted by A. B was hit at the stomach. The heirs of B filed a case of homicide against A.CRIMINAL LAW • Another example is the crime of estafa wherein the victim. and this can be considered as a supervening cause. • although not intended. A’s car was ahead. De Bataclan v. and rising in rage. It was discussed in the previous section that CRIMINAL INTENT and CRIMINAL NEGLIGENCE are elements for criminal liability. he moved towards the victim. Article 4. As a result. When A’s car reached the intersection of EDSA and Ortigas Avenue. B came home and was chilling. and was in no sense legally responsible for his own death. The offended party replied that they would be better if he would not insult them. Eventually. As to him. for criminal liability to arise. which bled profusely. C. That belief would not be engendered in his mind were it not because of the profuse bleeding from his wound. in the absence of evidence that he wanted to commit suicide. then D hit the car of C. It is enough that the offender generated in the mind of the offended party the belief that made him risk himself. 2. B died. At the height of their quarrel. only that it is a bleeder. their differences were patched up. which sets into motion other causes and which unbroken by any efficient supervening cause. finally. Immediate v. The accused was prosecuted for homicide. but the doctor could no longer save him because B’s throat was already cut. went into the kitchen and got a kitchen knife and cut his throat. The victim died of drowning. In this case. However. he died out of tetanus poisoning. had a quarrel. Valdez (1921). but that is not the proximate cause. E was not aware that the traffic light had turned to red. His contention that his liability should be only for grave threats since he did not even stab the victim. C. followed by those of B. Before midnight. While A was away. Proximate v. B rose from the bed. acted solely in obedience to the instinct of self-preservation. • if the felonious act is the proximate cause of the felony or resulting felony. and E. he withdrew the complaint that he filed against A. 1. IAC (1988) Facts: A and B had a quarrel and started hacking each other. and to pay him also whatever loss of income B may have suffered. and any reasonable person under the same circumstance might have done the same. The accused resented this. The doctor arrived and said that the wound in the stomach is only superficial. The Supreme Court rationalized that what made B cut his throat. US vs. the immediate cause of the damage to the car of A is the car of B. Accused is in charge of the crewmembers engaged in the loading of cargo in the vessel. he put B on the bed and told him not to leave because he will call a doctor. Facts: The deceased is a member of the crew of a vessel. D. Two months later. B went back to his farm. A shot B with an airgun. Cooler heads intervened and they were separated. then. produces a felony and without which such felony could not have resulted. B was wounded at the back.
TRANSFERRED INTENT Aberration Ictus Error in Personae Praeter Intentionem Art. using is own hands. A disregarded the basic rule in criminal law that a person is responsible for all the consequences of his unlawful or wrongful act although such consequences were different from those which he originally intended. The latter took off by riding a motorela which contained other passengers. resulted in the injuries of the driver and the other passenger of the motorela. He insists that the delay in giving proper medical attendance to the victim constitutes an efficient intervening cause which exempts him from criminal responsibility. 3. 4. his act of pursuing the victim. Even if it be assumed that the real intention of accused-appellant was to surrender the victim to the police for mauling him. What brought about the tetanus to infect his body was his work in the farm using his bare hands. Held: The attending doctors are not liable for the death of the victim. the victim had incurred tetanus poisoning out of the wound inflicted by A. The force of the jump caused the motorela to lose balance thereby flipping to its left side and injuring the other passengers. There must be a law requiring the doing or performing of an act. People v. The fact that the injured did not receive proper medical attendance would not affect appellant's criminal responsibility. It is settled that anyone inflicting injuries is responsible for all the consequences of his criminal act such as death that supervenes in consequence of the injuries. he could injure the passengers. many criminals could avoid just accounting for their acts by merely establishing a doubt as to the immediate cause of death. who was a passenger of the motorela. A followed behind in another vehicle with the intent of reporting the incident to the police. It took into account the incubation period of tetanus toxic. A contends that he could not be guilty of any physical injuries suffered by the other passengers because the direct cause of the motorela turning on its left side was the act of the driver in guiding the vehicle while the proximate cause is the thrust which resulted when B suddenly jumped out of the motorela. The rule is founded on the practical policy of closing to the wrongdoer a convenient avenue of escape from the just consequences of his wrongful act. Criminal liability. he persisted resulting in the motorela turning on its side and in the opposite direction The act of accused-appellant in relentlessly pursuing the motorela is a manifestation of his intention to perpetrate the crime. which is what happened in this case. . Acuram (2000) Appellant blames the death of the victim on the lack of prompt and proper medical attention given.CRIMINAL LAW Held: The Supreme Court held that A is not liable. pushing and bumping the motorela. Held: The argument is devoid of merit. A should have known that by closely following. Instead. If the rule were otherwise. if at all. Enguito (2000) Facts: A was mauled by B. OMISSION Omission is the inaction. C. efficient The proximate cause of the death of the deceased is the shooting by the appellant. A forced his vehicle to bump the motorela a few times . he would not have lasted two months. It does not constitute intervening cause. the Supreme Court said that the act of B working in his farm where the soil is filthy. Because of this. — Criminal liability shall be incurred: 1. the failure to perform a positive duty which he is bound to do. is an efficient supervening cause which relieves A of any liability for the death of B. 4. is only liable for the physical injuries inflicted upon B. That if. Upon seeing that B was trying to jump out of the motorela. which prompted B to jump. indeed. The perceived delay in giving medical treatment to the victim does not break at all the causal connection between the wrongful act of 100% UP LAW UP BAROPS 2008 Page 16 of 62 the appellant and the injuries sustained by the victim. Medical evidence were presented that tetanus toxic is good only for two weeks. People v. B. A. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
aberratio ictus. whatever the crime the offender is prosecuted under.. The distinction is important because the legal effects are not the same. he suddenly hit him with a piece of wood on the nape. the penalty corresponding to the latter shall be imposed in its maximum period. ILLUSTRATION A shot at B. because of poor aim. 2. It was the actual victim upon whom the blow was directed. — In cases in which the felony committed is different from that which the offender intended to commit. in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period. serious or slight. there is no intent to kill. A thought of killing B. where the victim actually received the blow. it was not B who was hit but C. However. that blow landed on someone else. There is only one single act—the act of firing at B.CRIMINAL LAW Art. unless the resulting consequence is not a grave or less grave felony. Aberratio Ictus In aberratio ictus. The crime committed is parricide. although what was intended was homicide. A hid and when that figure was near him. When the crime intended is more serious than the crime actually committed or vice versa: o whichever crime carries the lesser penalty. 4. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit. As far as the third party C is concerned. o But it will be imposed in the maximum period. Distinguish this from error in personae. killing him. the following rules shall be observed: 1. but he was not really the intended victim. Error In Personae A mistake in identity. if C were killed. 3. will apply because out of a mistake in identity. the intended victim as well as the actual victim are both at the scene of the crime. This is the legal effect. If C was only wounded. KIND 1. the offender is prosecuted for the crime committed not for the crime intended. In other words. the penalty for the former shall be imposed in its maximum period. But it turned out that it was his own father. o In any event. because as far as he is concerned. a crime 2008 Article 49 applies only in a case of error in personae and not in a case of aberratio ictus. In so far as B is concerned. You have a single act as against the intended victim and also giving rise to another felony as against the actual victim. LEGAL EFFECT You have a complex crime. DEFINITION Person directed the blow at an intended victim. there is no intent to kill. if the law prescribes a higher penalty for either of the latter offenses. Penalty to be imposed upon the principals when the crime committed is different from that intended. He positioned himself at one corner where B usually passes. therefore. This being so. the crime at least is attempted homicide or attempted murder. generally gives rise to a complex crime. 100% UP LAW UP BAROPS Page 17 of 62 . 49. The only time when aberratio ictus may not result in a complex crime is when one of the resulting felonies is a light felony. the penalty for the more serious crime is imposed in the maximum period. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime. but because of poor aim. the crime is homicide. but he was mistaken for another who was not at the scene of the crime. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit. You cannot have attempted or frustrated homicide or murder as far as C is concerned. When a figure resembling B was approaching. the crime is only physical injuries. Article 49. that penalty will be the one imposed.
In another instance. the circumstance of praeter intentionem does not apply. this circumstance cannot be availed of. Had it been a piece of rag. Praeter Intentionem The result is greater than what was intended In Ramos-Andan v. However. Instead of B. If there is no disparity between the means employed by the offender and the resulting felony.CRIMINAL LAW was committed different from that which was intended. But because the woman was trying to wiggle from the bondage. one of the offenders got a pan de sal and placed it in her mouth. The offenders were convicted for robbery with homicide because there was a resulting death. A thought of killing B. Here. The accused entered the store of a Chinese couple. error in personae is of no effect. They hogtied the Chinaman and his wife. it would be different. the pan de sal slipped through her throat. In order however. A will be prosecuted for parricide but his penalty will be for homicide in its maximum period. to commit robbery. killing the latter. It cannot be a case of praeter intentionem because the intention of a person is determined by the means resorted to by him in committing the crime. 5. Because the wife was so talkative. C passed. 100% UP LAW UP BAROPS Page 18 of 62 . Just the same the crime intended to be committed is homicide and what was committed is actually homicide. A thought that he was B. so he hit C on the neck. There was really no intention to bring about the killing. Article 49 does not apply. If the resulting felony can be foreseen or anticipated from the means employed. The SC gave the offenders 2008 Praeter intentionem is mitigating. although their intention was only to rob. that the situation may qualify as praeter intentionem. because it was the pan de sal that they put into the mouth. Error in personae is mitigating if the crime committed is: o Different and o Less serious from that which was intended. particularly covered by paragraph 3 of Article 13. there must be a notable disparity between the means employed and the resulting felony. People (2006) the court said that the mitigating circumstance of lack of intention to commit so grave a wrong may not be availed of when fraud is employed. She died because of suffocation.
The offender was prosecuted for the serious crime of rape with homicide and was not given the benefit of paragraph 3 of Article 13. The offender begged that he had no intention of killing the girl and that his only intention was to prevent her from shouting. The means employed is not capable of producing death if only the woman chewed the pan de sal. 100% UP LAW UP BAROPS 2008 Page 19 of 62 . she died of suffocation. The Supreme Court rejected the plea saying that a person who is suffocated may eventually die.CRIMINAL LAW the benefit of praeter intentionem as a mitigating circumstance. A man raped a young girl. He found out later that the victim was already dead. The young girl was shouting so the man placed his hand on the mouth and nose of the victim.
regardless of whether the wrongful act was an impossible crime against persons or against property. There is an attempt when the offender commences the commission of a felony directly by overt acts. if such act constituted any other felony although different from what the offender intended. the wrongful acts of the culprits caused destruction to the house of the intended victim. Some asked questions: • Was it really the impossibility of accomplishing the killing that brought about its non-accomplishment? • Was it not purely accidental that the intended victim did not come home that evening and. as well as those which are frustrated and attempted. In this case. Frustrated Felony 2008 Page 20 of 62 . 4. Article 4 An impossible crime is an act which would be an offense only against person or property • • were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Because criminal liability for impossible crime presupposes that no felony resulted form the wrongful act done. 285 SCRA 52. • Example: The dead victim was shot to make it appear that he was trying to escape. Consummated Felony When all the elements necessary for its execution are present. A felony is consummated when all the elements necessary for its execution and accomplishment are present. 6..00 to P500. The felony is produced B. the culprits set fire on the intended victim’s house. would the criminal liability be for an impossible crime? Until the Intod case. 2. which would have constituted a crime against persons or property. The attitude was so because Article 4 of the Code provides two situations where criminal liability shall be incurred. the prevailing attitude was that the provision of the Revised Penal Code on impossible crime would only 100% UP LAW UP BAROPS D. nevertheless. et. CA. all four fired at and riddled the said room with bullets. al. thinking that the intended victim was already there as it was about 10:00 in the evening. petitioner-accused was sentenced to imprisonment of only six months of arresto mayor for the felonious act he committed with intent to kill: this despite the destruction done to the intended victim’s house. In the Intod case. CLASSIFICATION UNDER ARTICLE 6 Art. depending on the “social danger and degree of criminality shown by the offender”(Article 59). A. we have to respect its ruling. this felonious act negates the idea of an impossible crime. CLASSIFICATION UNDER ARTICLE 6 DEVELOPMENT OF A CRIME ATTEMPT AND FRUSTRATION FACTORS DETERMINING STAGES OF EXECUTION 1. The Court of Appeals affirmed the judgment but the Supreme Court modified the same and held the petitioner liable only for the so-called impossible crime. believing that she was there when in fact she was not. thus. Liability under this paragraph is incurred only if: • the offender has actually performed the act against the person or property of the intended victim and such act does not constitute another felony. Somehow. are punishable. As a result. the criminal liability should be for such other felony and not for an impossible crime. could not and did not constitute another felony.CRIMINAL LAW C. It so happened that the intended victim did not come home on that evening and so was not in her bedroom at that time. Otherwise. the Supreme Court has spoken. do not produce it by reason of causes independent of the will of the perpetrator. Modified Concept of impossible crime Intod vs. Eventually the culprits were prosecuted and convicted by the trial court for attempted murder. unknown to the culprits. the penalty is fixed at arresto mayor or a fine from P200. four culprits. apply when the wrongful act. IMPOSSIBLE CRIMES Under par. instead of using firearms. went to the intended victim’s house and after having pinpointed the latter’s bedroom. and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. the decision depreciated the seriousness of the act committed.00. and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which. 2. LIABILITY FOR INCOMPLETE ELEMENTS 1. 3. Consummated felonies. she was not in her bedroom at the time it was shot and riddled with bullets? • Suppose. all armed with firearms and with intent to kill. the accused is not a principal to an impossible crime but an accessory to the killing committed by the principal. considering the lawlessness by which the culprits carried out the intended crime. • But whether we agree or not.
He does not perform all the acts of execution which should produce the felony. If Ernie lunged at Burt from behind but was only able to graze Burt’s arm because of the latter’s reflex. By reason of causes independent of the will of the perpetrator. He does not perform all the acts of execution which should produce the felony. Attempted ACTS PERFORMED: Overt acts of execution are started Frustrated ACTS PERFORMED: All acts of execution are finished WHY: Due to reasons other than the spontaneous desistance of the perpetrator POSITION IN THE TIMELINE: Offender still in subjective phase because he still has control of his acts WHY: Due to intervening causes independent of the will of the perpetrator Example: Ernie goes to the kitchen to get a knife b. Preparatory Acts – o acts tending toward the crime o ordinarily not punished except when considered by law as independent crimes (Art. the crime is an attempt. 2. the crime is consummated. Development of a crime 1.CRIMINAL LAW When the offender performs all the acts of execution. By reason of some cause or accident other than his own spontaneous desistance. 3. 100% UP LAW UP BAROPS Offender is already in the objective phase because all acts of execution are already present and the cause of its nonaccomplishment is other than the offender’s will Attempted Stage Elements: 1. 3. the nature of his act indicated the intent to kill because of the treachery employed—he is liable for any of the stages of murder depending on the actual result: a. Its nature in relation to its objective is ambiguous. • It is the start of criminal liability because the offender has commenced the commission of an offense with overt acts. The felony is not produced. Acts of Execution o acts directly connected to the crime o Punishable under the RPC o usually overt acts with a logical relation to a particular concrete offense POSITION IN TIMELINE: THE Example: Ernie stabs Burt Indeterminate offense • It is one where the purpose of the offender in performing an act is not certain. 2. C. usually not punishable Example: Ernie plans to kill Burt 2.The offender’s act is not stopped by his own spontaneous desistance. c. • The intention of the accused must be viewed from ◦ the nature of the acts executed by him. Internal acts – intent and plans. External acts BUT a. 304 – possession of picklocks) o these acts do not yet constitute even the first stage of the acts of execution o intent not yet disclosed Not all execution present acts of are BUT Crime sought to be committed is not achieved Example: If Ernie stabbed Burt from behind. b. ATTEMPT AND FRUSTRATION The difference between the attempted stage and the frustrated stage lies on • whether the offender has performed • all the acts of execution • for the accomplishment of a felony. and ◦ not from his admission. DEVELOPMENT OF A CRIME Overt act • Are external acts which if allowed to continue its natural course would definitely result into a felony. If Burt dies. All the acts performed would produce the felony as a consequence. Attempted Felony When the offender commences the commission of a felony directly by overt acts. the crime is frustrated.The offender commences the commission of the felony directly by overt acts. 2008 Page 21 of 62 .If Burt was stabbed in a critical body part but managed to survive due to timely medical assistance.
4.The non-performance of all acts of execution was due to cause or accident other than his own spontaneous desistance.
Marks the commencement of the subjective phase • Subjective phase – that portion of the acts constituting a crime, ◦ starting from the point where the offender begins the commission of the crime ◦ to that point where he still has control over his acts including their (acts) natural course If between those two points • the offender is stopped • by reason of any cause outside of his own voluntary desistance, ◦ the subjective phase has not been passed and it is an attempt. If he is not stopped but continues until he performs the last act, it is either consummated or frustrated. Example: The subjective phase for Ernie was from the moment he swung his arm to stab Burt up until he finished his stroke. This is the interim where he still has control of his actions Desistance • It is the act which will negate criminal liability when made during the attempted stage. • Desistance is true only in the attempted stage of the felony. If under the definition of the felony, the act done is already in the frustrated stage, no amount of desistance will negate criminal liability. • The spontaneous desistance of the offender negates only the attempted stage ◦ but not necessarily all criminal liability. • Even though there was desistance on the part of the offender, if the desistance was made when acts done by him already resulted to a felony, ◦ that offender will still be criminally liable for the felony brought about his act. ◦ What is negated is only the attempted stage, but there may be other felonies constituting his act. Example: Supposing Ernie (because he thought killing Burt was too easy a revenge) desisted mid-stroke. However, Burt felt the movement and turned. He was so shocked that he suddenly backed away and tripped over his own feet. As Burt went down, his left eye caught the sharp corner of a table causing a puncture on his eyeball rendering him completely blind on the left side. a. Ernie would not be liable for attempted murder because of his desistance (regardless of his reason for doing so) b.His liability would now be for serious physical injuries because his act of raising the knife was the proximate cause for Burt losing an eye. 100% UP LAW UP BAROPS
In the attempted stage, the definition uses the word “directly.” • This is significant. In the attempted stage, • the acts so far performed may already be a crime or • it may just be an ingredient of another crime. • The word “directly” emphasizes the requirement that the attempted felony is that which is ◦ directly linked to the overt act performed by the offender, ◦ not the felony he has in his mind. In criminal law, you are not allowed to speculate, not to imagine what crime is intended, but apply the provisions of the law to the facts given. People v. Lamahang (1935) The accused was arrested while he was detaching some of the wood panels of a store. He was already able to detach two panels. To a layman, the only conclusion that will come to your mind is that this fellow started to enter the store to steal something. He would not be there just to sleep there. But in criminal law, since the act of removing the panel indicates only at most the intention to enter, he can only be prosecuted for trespass. The removal of the paneling is just an attempt to trespass, not an attempt to rob. Although Lamahang was prosecuted for attempted robbery, the Supreme Court held it is only attempted trespass because that is the crime that can be directly linked to his act of removing the wood panel. There are some acts which are ingredients of a certain crime, but which are, by themselves, already criminal offenses. People v. Campuhan (2000) Facts: The mother of the 4-year-old victim caught the houseboy Campuhan in the act of almost raping her daughter. The hymen of the victim was still intact but since in previous Orita ruling, entry into labia is considered rape even without rupture of hymen and full penetration is not necessary, question arises whether what transpired was attempted or consummated rape. Held: Attempted rape only. Mere touching of external genitalia by the penis is already rape. However, touching should be understood as inherently part of entry of penis into labia and not mere touching of the pudendum. There must be clear and convincing proof that the penis indeed touched the labia and slid into the female organ and NOT MERELY STROKED THE EXTERNAL SURFACE. Some degree of penetration beneath the surface must be achieved and the labia major must be entered. Prosecution did not prove that the Campuhan’s penis was able to penetrate victim’s vagina because the kneeling position of the accused obstructed the mother’s view of the alleged sexual contact. The testimony of the victim herself claimed that penis grazed but did not penetrate her organ. There was only a shelling of the castle but no bombardment of the drawbridge ye (I 2008 Page 22 of 62
suppose, this, if nothing else, will make you remember this case). Frustrated Stage Elements: 1. The offender performs all the acts of execution; 2. All the acts performed would produce the felony as a consequence; 3. But the felony is not produced; 4. By reason of causes independent of the will of the perpetrator. The end of the subjective phase and the beginning of the objective phase • Objective phase – the result of the acts of execution, that is, the accomplishment of the crime If the subjective and objective phases are present, there is a consummated felony. • There is no middle stage between being not burned and burned.
3. BRIBERY The manner of committing the crime requires • the meeting of the minds between the giver and the receiver. • If there is a meeting of the minds, there is consummated bribery or consummated corruption. • If there is none, it is only attempted. • This leaves out the frustrated stage because of the manner of committing the crime. 4. CORRUPTION OF PUBLIC OFFICERS Same with bribery. 5. ADULTERY This requires the sexual contact two participants. • If that link is there, the crime is consummated; • if such link is absent, there is only an attempted adultery. 6. PHYSICAL INJURIES Under the Revised Penal Code, the crime of physical injuries is penalized on the basis of the gravity of the injuries. Actually, there is no simple crime of physical injuries. You have to categorize because there are specific articles that apply whether the physical injuries are serious, less serious or slight. If you merely say physical injuries, you would not know which article to apply. This being so, you could not punish the attempted or frustrated stage because • you do not know what crime of physical injuries was committed. • Physical injuries are punished by the result. Example: When Burt lost his left eye, Ernie’s liability was automatically for serious physical injuries. He would have no liability if the eye was intact. If the eye suffered damage due to the impact, the crime would not be frustrated nor attempted physical injuries because the RPC still considers this as a consummated physical injury, its gravity depending on the duration that it took for the damage to heal. 7. THEFT There is no crime of frustrated theft. Once there is unlawful taking, theft is consummated. • Either the thing was taken or not. Disposition of the stolen goods is not an element of theft under the RPC19.
CRIMES WHICH DO NOT ADMIT OF A FRUSTRATED STAGE 1. 2. 3. 4. 5. 6. 7. RAPE ARSON BRIBERY CORRUPTION OF PUBLIC OFFICERS ADULTERY PHYSICAL INJURIES THEFT
1. RAPE The essence of the crime is carnal knowledge. No matter what the offender may do to accomplish a penetration, • if there was no penetration yet, it cannot be said that the offender has performed all the acts of execution. • We can only say that the offender in rape has performed all the acts of execution when he has effected a penetration. Once there is penetration already, • no matter how slight, the offense is consummated. • For this reason, rape admits only of the attempted and consummated stages, no frustrated stage. This was the ruling in the case of People vs. Orita (see the previously cited case of People v. Campuhan for the most recent doctrine on penetration). 2. ARSON One cannot say that the offender, in the crime of arson, has already 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 yet to perform all the acts of execution. On the other hand, the moment it begins to burn, the crime is consummated. 100% UP LAW UP BAROPS
4. FACTORS IN DETERMINING THE STAGE OF EXECUTION OF A FELONY 1. The manner of committing the crime; 2. The elements of the crime; and 3. The nature of the crime itself.
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TIP: M.E.N. These three factors are helpful in trying to pinpoint whether the crime is still in its attempted, frustrated or consummated stage. capable of producing a felony as a consequence. • Hence, the general rule is that there must be a fatal injury inflicted, because it is only then that death will follow.
1. The Manner of Committing the Crime Under the RPC, some crimes take two to commit the crime like adultery. • In bribery, the manner of committing the crime requires the meeting of the minds between the giver and the receiver. When the giver delivers the money to the supposed receiver, but there is no meeting of the minds, the only act done by the giver is an attempt.
There are instances where an intended felony could already result from the acts of execution already done. • Because of this, the offender is deemed to have performed all the acts of execution ONLY by the existence of the result. Without the resulting felony, there is no way of determining whether the offender has already performed all the acts of execution or not like rape and arson. Thus, in determining the stage of some crimes, the manner of execution becomes pivotal in determining the end of the subjective phase, i.e. once the offender performs the act in the manner provided for in the law, HE HAS ALREADY DEEMED TO HAVE PERFORMED EVERY ACT FOR ITS EXECUTION. 2. The Elements of the Crime Along with the manner of execution, there are crimes wherein the existence of certain elements becomes the factor in determining its consummation. • In the crime of estafa, the element of damage is essential before the crime could be consummated. If there is no damage, even if the offender succeeded in carting away the personal property involved, estafa cannot be considered as consummated. • On the other hand, if it were a crime of theft, damage or intent to cause damage is not an element of theft. What is necessary only is intent to gain, not even gain is important. • In the crime of abduction, the crucial element is the taking away of the woman with lewd designs. 3. The Nature of the Crime Itself In 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. Under the definition of the frustrated stage, to consider the offender as having performed all the acts of execution, the acts already done by him must produce or be
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there is already criminal liability arising from the conspiracy to commit the rebellion. CONSPIRACY AND PROPOSAL Conspiracy and proposal to commit a felony are two different acts or felonies. QUANTUM OF PROOF: Reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal objective. 2) People v. sedition and coup d’ etat are the only crimes where the conspiracy and proposal to commit them are punishable The act MUST NOT BE ACCOMPLISHED. Pinto. It is not necessary to show that all the conspirators actually hit and killed the victim. a conspiracy arises. it requires two parties. 1) People vs. RATIONALE: Conspiracy and proposal to commit a crime are only preparatory acts and the law regards them as innocent or at least permissible except in rare and exceptional cases. unless a co-conspirator was absent from the scene of the crime or he showed up. THERE IS NO CRIME TO BE PUNISHED. Three persons plan to rob a bank. GENERAL RULE: Conspiracy and proposal to commit a felony are not punishable EXCEPTION: They are punishable only in the cases in which the law specially provides a penalty therefore. Laurio. B. TWO CONCEPTS OF CONSPIRACY AS A CRIME STAGE HOW INCURRED LEGAL REQUIREMENTS ILLUSTRATION PREPARATORY ACTS Mere agreement The RPC must specifically punish the act of conspiring (and proposing) Treason. The act of meeting together is not necessary as long as a common objective can be discerned from the overt acts. PROPOSAL: Proposal is true only up to the point where the party to whom the proposal was made has NOT yet accepted the proposal. else the conspiracy is obliterated and the ACT ITSELF IS PUNISHED. This subsists even though the other co-conspirator does not know that one of them had already done the act of rebellion. Even if none of them has performed the act of rebellion. A. 2005 The prosecution must prove conspiracy by the same quantum of evidence as the felony charged itself although. THE ACT MUST BE ACCOMPLISHED. what is primordial is that all the participants performed 100% UP LAW UP BAROPS 2008 Page 25 of 62 . QUANTUM OF PROOF: Conspiracy as a crime must be established beyond reasonable doubt AS A BASIS FOR LIABILITY EXECUTORY ACTS Commission of overt act The participants acted in concert or simultaneously or IN ANY WAY which is indicative of a meeting of the minds towards a common criminal goal or criminal objective. all of them shall be held liable. proof of previous agreement among the malefactors to commit the crime is not essential to prove conspiracy. But if anyone of them has committed the overt act of rebellion. if there is only conspiracy or proposal. But when one of them draws a gun and disarms the security guard. It must be established by positive and conclusive evidence. 200 SCRA 489. rebellion. C and D came to an agreement to commit rebellion. but he tried to prevent the commission of the crime. Bulan. Once the proposal was accepted. For as long as the conspirators merely entered the bank there is no crime yet. This was the ruling in People vs.CRIMINAL LAW E. Their agreement was to bring about the rebellion on a certain date. one party makes a proposition to the other. not by conjectures or speculations. Proposal is unilateral. the crime of all is no longer conspiracy but rebellion itself. conspiracy is bilateral.
and the taxi driver was present during the planning. But the Supreme Court said that there was desistance so she is not criminally liable. The wife took pity and shouted for them to stop but the goons continued. Illustration: There was a planned robbery. he took the conspirators back to his taxi and brought them away. There is no definite opponent or definite intent as when a basketball crowd beats a referee to death. B and C became hostile with one another. 9) Siton vs. Pangilinan.. regardless of the degree of injury inflicted by any one of them. they even visited the lady on intervening hours. Because of this. c. The taxi driver agreed for the use of his cab but said. The taxi driver did not really stay during the commission of the robbery. Mere acquiescence to or approval of the commission of the crime. it was held that conspiracy was present 8) People vs. 3) People v. E. As a general rule. CA. It was held that the taxi driver was liable only as an accomplice. C and B followed. COMPLEX CRIMES b. or approval of the act. there is only a preparatory stage. The legal effects of implied conspiracy are: a. their joint purpose. B and C have been courting the same lady for several years. The common notion is that when there is conspiracy involved. One day. the young lady agreed to marry D. When A looked back at the young lady with D. The wife ran away.CRIMINAL LAW specific acts with such closeness and coordination as to indicate a common purpose or design to bring out the victim’s death. 6) The Supreme Court has ruled that one who desisted is not criminally liable. acquiescence to. Implied Conspiracy Conspiracy need not be direct but may be inferred from the conduct of the parties. When A. they have equal responsibility. and after committing the robbery I will return later. agreement to cooperate. Eventually. At most. community of interest and in the mode and manner of commission of the offense. She hired some persons to kill him and pointed at her husband. In this case. Nierra If a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts. Conspiracy is only in the preparatory stage. CA. 186 SCRA 5980. PLURAL CRIMES 1) PLURALITY OF CRIMES 2) KINDS OF PLURAL CRIMES a. His cooperation was not really indispensable. All will be liable for the consequences. shall not render one criminally liable as co-conspirator. “I will bring you there. This notion is no longer absolute. b. After the robbery was finished. do not consider the degree of participation of each conspiracy because the act of one is the act of all. Not all those present at the crime scene will be considered conspirators. Illustration: Consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared. they all stood up to leave the house of the young lady feeling disappointed. A. without any act of criminal participation. he saw D laughing menacingly. And when conspiracy exists. the participants are punished as principals. 4) Taer vs. Do not think that participants are always known to each other. Philosophy behind plural crimes: • The treatment of plural crimes as one is to be lenient to the offender. At that instance. A. There must be an intentional participation in the crime with a view to further the common felonious objective. who. As pointed out earlier. desistance is true only in the attempted stage. If they acted simultaneously to bring about their common intention. A stabbed D. D invited the young lady and she accepted the invitation. Mere knowledge. B and C learned about this. is not enough to constitute a conspiracy. The reason given is that penal laws always favor a milder form of responsibility upon and offender. Only those who participated in the criminal acts during the commission of the crime will be considered co-conspirators. 5) A conspiracy is possible even when participants are not known to each other. what he only extended was his cooperation. Illustrations: A thought of having her husband killed because the latter was maltreating her. The robbers could have engaged another taxi. 100% UP LAW UP BAROPS 2008 Page 26 of 62 .” The taxi driver brought the conspirators where the robbery would be committed. the act of one is the act of all. SPECIAL COMPLEX CRIMES c. without cooperation at least. On several occasions. The goons got hold of her husband and started mauling him. Before this stage. When several persons who do not know each other simultaneously attack the victim. The idea of a conspiracy is incompatible with the idea of a free for all. such coconspirator should be punished as an accomplice only. conspiracy exists. The wife was prosecuted for parricide. CONTINUED AND CONTINUING CRIMES 1) PLURALITY OF CRIMES 7) Do not search for an agreement among the participants.
the evil intent of the offender is only one. When a single act constitutes two or more grave or less grave felonies. 48 of the Code. Formal or Ideal Plurality 1. TWO KINDS OF COMPLEX CRIMES c. But the two or more GRAVE or LESS GRAVE felonies must be • the result of a SINGLE ACT. committed.When an offense is a necessary means for committing the other. the same to be applied in its maximum period. COMPLEX CRIME PROPER . A also stabbed C. 48 requires the commission of at least 2 crimes. PLURALITY OF CRIMES There is no conviction of any of the crimes committed. Then.When a single act results in two or more grave or less grave felonies 2. although it is the penalty for the most serious one and is in the maximum period. or • an offense must be a NECESSARY MEANS FOR COMMITTING the other. a. CRIMES) (SPECIAL COMPLEX ◦ c. If treated individually: Reclusion temporal to Reclusion Perpetua Complex-crime is not just a matter of penalty. COMPOUND CRIME . b.CRIMINAL LAW ◦ instead of being made to suffer distinct penalties for every resulting crime is made to suffer one penalty only. Several Acts Submachine gun – because of the number of bullets released A single bullet killing Firing of the revolver two person twice in succession • There is but one criminal liability in this kind of plurality. That the single acts produces a. That only a SINGLE ACT is performed by the offender 2. Even in the case where an offense is a necessary means for committing the other. and then stole the wallet). NATURE OF COMPLEX CRIMES b. but of substance under the Revised Penal Code. Penalty for complex crimes. • Divided into 3 groups: Single Act Throwing a hand grenade 1. GENERAL RULES IN COMPLEXING Art. the penalty would turn out to be higher. Example: A stabbed B. When the offender commits any of the complex crimes defined in Art.When the law specifically fixes a single penalty for 2 or more offenses (a) 2 or more grave felonies. In such cases. TWO KINDS OF COMPLEX CRIMES 2) KINDS OF PLURALITY OF CRIMES Real or Material Plurality • • There are different crimes in law as well as in the conscience of the offender. Art. RECIDIVISM There must be conviction by final judgment of the first or prior offense. 48. the penalty for the most serious crime shall be imposed. When the offender commits continued crimes. (CONTINUING AND CONTINUED CRIMES) Complex Crimes a. COMPOUND CRIME REQUISITES: 1. do not complex anymore. Penalty: If complex: Reclusion temporal maximum to death. NATURE OF COMPLEX CRIMES: although two or more crimes are actually committed. or (b) 1 or more grave and 1 or more less grave felonies. There are two crimes committed. (COMPLEX CRIMES) b. Example: Crimes: Murder and theft (killed with treachery. the offender shall be punished for each and every offense that he committed. — If by complexing the crime. or when an offense is a necessary means for committing the other. or (c) 2 or more less grave felonies 100% UP LAW UP BAROPS 2008 Page 27 of 62 . they constitute only one crime • in the eyes of the law as well • as in the conscience of the offender.
when the offender executes various acts. So that when an offender • performed more than one act. However. 48 applies only to cases where the Code does not provide a definite specific penalty for a complex crime. When a complex crime is charged and one offense is not proven. 4. after forcible abduction with rape. it may happen that ◦ the offender is impelled only by a single criminal impulse ◦ in committing a series of acts that ◦ brought about more than one crime In this case. c. Example: When the crime is committed by force or violence. When two crimes produced by a single act are respectively within the exclusive jurisdiction of two courts of different jurisdiction. #2 When in obedience to an order several accused simultaneously shot many persons. the BASIS for COMPLEXING is not the singleness of the act but the singleness of the impulse that is considered. 7. 3. 6. hence each will have a separate penalty. 5. Article 48 also applies in cases when out a single act of negligence or imprudence. No complex crime. or other common crimes (re: rebellion. arson. The crime is a complex crime of homicide with assault upon a person in authority. There is no complex crime of rebellion with murder. the offender shall be prosecuted for as many crimes as are committed under separate information. When the offender had in his possession the funds which he misappropriated. only the penalty of imprisonment should be imposed. two or more grave or less grave felonies resulted. ◦ there is no complex crime at all. the same to be applied in its maximum period. but only the first part thereof (compound crime). When two felonies constituting a complex crime are punishable by imprisonment and fine. Subsequent acts of intercourse. That at least two offenses are committed 2. Not complex crime when trespass to dwelling is a direct means to commit a grave offense. without evidence how many each killed. 48 does not apply when the law provides one single penalty for special complex crimes. Art. the court of higher jurisdiction shall try the complex crime. The basis in compounding the crime is the act. 5. when one offense is committed to conceal the other. referring to the complex crime proper because this applies or refers only to a deliberate commission of one offense to commit another offense. One information should be filed when a complex crime is committed. 2. Example of a compound crime: #1 The victim was killed while discharging his duty as barangay captain to protect life and property and enforce law and order in his barrio. The phrase “necessary means” does not mean “indispensable means” In complex crime. robbery. 6. COMPLEX CRIME PROPER REQUISITES: 1. • Special Complex/Composite Crimes The substance is made up of more than one crime but which • in the eyes of the law is only a single • NO COMPLEX CRIME PROPER: 100% UP LAW UP BAROPS 2008 Page 28 of 62 . are separate acts of rape. the falsification of a public or official document involving said offense is a separate offense. The second part of Article 48 does not apply. 2. 2. there being a single criminal impulse. slight physical injuries are absorbed. 8. he must have a single purpose. No complex crime where one of the offense is penalized by a special law. the accused can be convicted of the other. 4. 1. there is only a single offense. Art. Ortega thinks otherwise). • • When there are several acts performed. • if they result in separate crimes. That both or all the offenses must be punished under the same statute. respectively. 3. That one or some of the offenses must be necessary to commit the other 3. • instead. The penalty for complex crime is the penalty for the most serious crime. GENERAL RULES IN COMPLEXING CRIMES 1.CRIMINAL LAW Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony. • although similar. the assumption is that each act is impelled by a distinct criminal impulse.
A continuous. and C killed D and after that. 294 (2)) • Kidnapping with serious physical injuries (Art. however long a time it may occupy. Special Complex Crimes • Robbery with Homicide (Art. When they saw the opportunity. and C decided to commit robbery in the house of D. Pursuant to their agreement. A and B ran into different directions. • but also before the court of the place where the crime was continued. B was to wait outside. As far as the homicide is concerned. B. Exception to the exception: • In acts constituting a single indivisible offense. A would ransack the second floor. de Leon (1926) The accused took five roosters from one and the same chicken coop. Continued and Continuing Crimes CONTINUED CRIME . Illustration: 1) People v. unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force. but an indivisible felony under the Article 294 of the Revised Penal Code. The exception is • if any of the co-conspirator would commit a crime not agreed upon. 100% UP LAW UP BAROPS 2008 Page 29 of 62 . the rule is that the act of one is the act of all. A. So C will be liable for homicide and theft. A continued crime is different from a TRANSITORY CRIME which is also called a MOVING/CONTINUING CRIME. This is a distinct crime so the rule will not apply because it was not the crime agreed upon. C will be the only one liable. o even though the co-conspirator performed different acts bringing about the composite crime. As a general rule. A raped a girl upstairs. B. which is not a complex crime. A continuing crime is not a complex crime. • This principle applies only to the crime agreed upon. B. Even if B and C did not know that rape was being committed and they agreed only and conspired to rob. 267 (3)) • Rape with Homicide (Art. C inspected the pocket of the victim and found that the victim was wearing a ring—a diamond ring—and he took it. A. Illustration: A. Rape cannot be separated from robbery. Unknown to B and C. • This happens when the crime agreed upon and the crime committed by one of the co-conspirators are distinct crimes. The crime committed is robbery with rape. the roosters were owned by different persons. and C would stay on the first floor. The liability for special complex crimes is linked with that of conspiracy.CRIMINAL LAW indivisible offense. • When there is conspiracy. and C are liable because that was agreed upon and theft was not an integral part of homicide. all will be liable for such crime. and C agreed to kill D. • all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. One crime only because the different appropriations are but the different moments during which once criminal resolution arises and a single defraudation develops. Insofar as the crime of theft is concerned. Example: A collector of a commercial firm misappropriates for his personal use several amounts collected by him from different persons. 294 (1)) • Robbery with Rape (Art. o They can only evade responsibility for any 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. The term is used in criminal procedure when • any of the material ingredients of the crime was committed in different places. 335) A. CONTINUING CRIME The term used in criminal procedure to denote that • a certain crime may be prosecuted and tried not only before the court of the place where it was originally committed or began. The crimes committed are homicide and theft. B. All of them will be liable for robbery with rape. yet rape was part of robbery.
Each must be considered as a separate act. Tumlos. But the multiple rapes should be considered only as one because they are in the nature of a continued crime. Pabasa. the accused should be held for the complex crime of multiple homicide with multiple frustrated homicide. Whenever the Supreme Court concludes that the criminal should be punished only once. they were moved by a single criminal intent which is why it does not matter that there were several quarters robbed. this crime is considered as one and prosecuted under one information. 320). Garcia (1980). some killed the others in another place within the same penitentiary. When the robbers entered the compound. regardless of the number of rapes committed. after all. the offenders did not only kills one person but killed different persons. Hence. They abducted the woman. The Supreme Court ruled that all accused should be punished under one information because they acted in conspiracy. 2. This was a complex crime. 67 Phil. The rapes committed were in the nature of a continued crime characterized by the same lewd design which is an essential element in the crime of forcible abduction. People v. only one complex crime of rape would arise. --not because of Article 48 but because this is a continued crime. • It is necessary to consider them as complex crimes even if the essence of the crime does not fit the definition of Art 48. Bulaong (1981). Although in this case. The definition in Article 48 is not honored because the accused PERFORMED MORE THAN ONE ACT.CRIMINAL LAW It was held that there is only one crime of theft committed because the accused acted out of a single criminal impulse only. (2) The theft of six roosters belonging to two different owners from the same 2008 Page 30 of 62 . One of the four rapes committed by one of them was complexed with the crime of abduction. It was held that there is only one crime committed – multiple robbery. Jose. It is correct that when the offender acted in conspiracy. The accused were convicts who were members of a certain gang and they conspired to kill the other gang. 100% UP LAW UP BAROPS Applying the concept of the “continued crime”. There were four participants here. It was held that each one of the four became liable not only for his own rape but also for those committed by the others. The confusion lies in this: • While Article 48 speaks of a complex crime where a single act constitutes two or more grave or less grave offenses. the following cases have been treated as constituting one crime only: (1) The theft of 13 cows belonging to two different persons committed by the accused at the same place and period of time (People v. Illustration: A band of robbers came across a compound where a sugar mill is located. there was no single purpose for the rapes. The band of robbers ransacked the different quarters therein. ◦ were considered by the Supreme Court as a complex crime ◦ when it is shown that the act is the product of one single criminal impulse. the four took turns in abusing her. • it is necessary to embody these crimes under one single information. after which. There is a complex crime not only when there is a single act but a series of acts. because they acted in conspiracy or under the same criminal impulse. NOTE: This is a dangerous view because the abductors will commit as much rape as they can. 4) People v. The abuse amounting to rape is complexed with forcible abduction because the abduction was already consummated when the victim was raped. The workers of said mill have their quarters within the compound. the Supreme Court adopted the dissenting opinion of Justice Aquino in People v. 3) People v. The forcible abduction must be complexed therewith. there should only be one complex crime of forcible abduction with rape. that when several persons abducted a woman and abused her. The consecutive abuse cannot be considered as continued crimes because there is a different intent for each act of rape. Each of the four offenders was convicted of four rapes. Because there were several victims killed and some were mortally wounded. Some of the accused killed their victims in one place within the same penitentiary. because there is no other provision in the RPC. the Supreme Court has extended this class of complex crime to those cases when the offender performed not a single act but a series of acts as long as it is the product of a single criminal impulse. • TIP: If confronted with a problem. the Supreme Court considered this as complex. The act of one is the act of all. those cases involving a series of acts resulting to two or more grave and less grave felonies.
Therefore. • the trend is to follow the single larceny doctrine. The Supreme Court declined to apply the concept in the following cases: (1) Two Estafa cases. a. only the principal and the accomplice are liable. A. when more than one person participated in the commission of the crime. c. 100% UP LAW UP BAROPS 2008 IV. Sabbun. (3) Seventy-five estafa cases committed by the conversion by the agents of collections from the customers of the employers made on different dates. c. less grave or light felony: 1. 1936. Subsequently. accused”). As to the liability of the participants in a grave. (3) The illegal charging of fees for service rendered by a lawyer every time he collected veteran’s benefits on behalf of a client who agreed that attorney’s fees shall be paid out of such benefits (People v. PERSONS CRIMINALLY LIABLE Under the Revised Penal Code. Conspiracy is generally not a crime unless the law specifically provides a penalty therefor. His non-appearance is deemed desistance which is favored and encouraged. because the penalties under the latter are never graduated. 13 Phil 306). all participants are criminally liable. culprit/s. even though the felony is only attempted or frustrated. 10 SCRA 156). The Supreme Court directed the prosecution to consolidate the cases into one offense because (1) they were in violation of the same law – Executive Order No. This classification is true only under the Revised Penal Code and is not applied under special laws. The collections of legal fees were impelled by the same motive. Said acts were committed on two different occasions. and (3) they were done in the same day. Abandoned is the doctrine that the government has the discretion to prosecute the accused • for one offense or • for as many distinct offenses as there are victims 5) Santiago v. There is no basis for criminal liability because there is no criminal participation. In the theft cases. But where the felony is only light. (2) Several malversations committed in May.CRIMINAL LAW coop and at the same period of time (People v. the Revised Penal Code shall be supplementary to special laws. but accessories are not liable for light felonies. it is only when the light felony is against persons or property that criminal liability attaches to the principal or accomplice. Do not use the term “principal” when the crime committed is a violation of special law (use the term “offender/s. The prosecution manifested that they would only file one information. or less grave. The accessory is not. 32 amended informations were filed. When the felony is grave. Dichupa. the accused was charged with performing a single act – that of approving the legalization of aliens not qualified under the law. unless the latter provides the contrary. ◦ at the same time and place. (2) caused injury to one party only – the government. Page 31 of 62 . ACCOMPLICE. 1. CIV. that of collecting fees for services rendered. b. one which was committed during the period from January 19 to December. • constitutes one larceny only. PRINCIPALS BY DIRECT PARTICIPATION BY INDUCTION BY INDISPENSABLE COOPERATION 1. The concept of delito continuado has been applied to crimes under special laws since in Article 10. 3. ◦ whether belonging to the same or different owners. 2. and all acts of collection were made under the same criminal impulse. ◦ that is taking of several things. Jaranilla). 1955 and the other from January 1956 to July 1956 (People v. Justice Garchitorena. 351). the law looks into their participation because in punishing offenders. The malversations and falsifications were not the result of one resolution to embezzle and falsity (People v. OR ACCESSORY. the Revised Penal Code classifies them as: • • • PRINCIPAL. BY DIRECT PARTICIPATION Those a. b. 66 Phil. who are liable: materially execute the crime appear at the scene of the crime perform acts necessary in the commission of the offense Why one who does not appear at the scene of the crime is not liable: a. June and July 1936 and falsifications to conceal said offenses committed in August and October. (1993) Here. 2. 324.
188 SCRA 812 (1990). • This is tantamount to an irresistible force compelling the person induced to carry out the crime. “Birahin mo na. he went home to get a rifle. The father challenged everybody and when the neighbors approached. o If the crime could hardly be committed without such cooperation. It was held that there was no conspiracy. Madall. • The basis is the importance of the cooperation to the consummation of the crime. 3. Is the mother liable? No. a person shouted to A. BY INDUCTION Inducement must be strong enough that the person induced could not resist. When does a principal by induction become liable: • The principal by induction becomes liable only when the principal by direct participation committed the act induced. Joint or simultaneous action per se is not indicia of conspiracy without showing of common design. One of the sons of family A came out with a shotgun. Examples: • While in the course of a quarrel. being much older (35 years old). 2) People v. we will bury him. the criminal liability of all will be the same. Neither is the wife’s act of beaming the victim with a flashlight indispensable to the killing. Is the person who shouted criminally liable? Is that inducement? No. The shouting must be an irresistible force for the one shouting to be liable. and considering further that doubts must be resolved in favor of the accused. o then notwithstanding the existence of a conspiracy. Ernesto shouted to his younger brother Oscar. Determine if there is a conspiracy. The one who uttered “kill him. Ernesto is principal by inducement. Considering that it was not so dark and the husband could have accomplished the deed without his wife’s help.CRIMINAL LAW 2. not a command to be obeyed. such offender will be regarded only as an accomplice. clothing. this would make the cooperator merely an accomplice. “Shoot!” He shot and killed someone. • If there is. What are the effects of acquittal of principal by direct participation upon the liability of principal by inducement: a. o If the cooperation merely facilitated or hastened the consummation of the crime. than the latter. Conspiracy is negated by the acquittal of co-defendant. or is not in conspiracy with the principal by direct participation Page 32 of 62 1) People v. the liability of the wife is only that of an accomplice. o the crime would be committed just as well. favor the lesser penalty or liability. ACCOMPLICES When is one regarded as an accomplice: 1. Balderrama 226 SCRA 537 (1993). as a general rule. “Kill him! Kill him!” A killed the other person. 188 SCRA 69 (1990). • Ill-advised language is not enough unless he who made such remark or advice is a co-conspirator in the crime committed. as well as food and shelter. Utterance was said in the excitement of the hour. She assisted her husband in taking good aim. Agapinay. Considering that Ernesto had great moral ascendancy and influence over Oscar. The shouts of his wife “here comes another. One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has been actually committed by another. • There was a quarrel between two families. • Exception: o If the participation of one is so insignificant o such that even without his cooperation. BY INDISPENSABLE COOPERATION What is the essence of being a principal by indispensable cooperation: • The focus is not just on participation but on the importance of participation in committing the crime. and it was Ernesto who provided his allowance. who was 18 years old.” while the felonious aggression was taking place cannot be held liable as principal by inducement. the son was mauled. Oscar has no rancor with the victim for him to kill the latter. birahin mo na!” Oscar stabbed the victim. shoot him” cannot make the wife a principal by inducement. then such cooperation would bring about a principal. 100% UP LAW UP BAROPS 2008 . What are the other traits of an accomplice • • does not have a previous agreement or understanding. The family was not in good terms with their neighbors. His mother then shouted. b. In case of doubt. but such assistance merely facilitated the felonious act of shooting. • B. Apply the doctrine of pro reo. because the act of one is the act of all. It is not the determining cause of the crime in the absence of proof that the words had great influence over the husband. 3) People v.
or descendant. REQUISITES: 1. he concurs with the latter in his purpose. One who knowingly profits or assists the principal to profit by the effects of robbery or theft (i. knowing the criminal design of the principal by direct participation. 3. natural or adopted or d.e. ACCOMPLICE Cooperation is not indispensable in the commission of the act. That he cooperates in the execution of the offense i. but principally liable for fencing The penalty is higher than that of a mere accessory to the crime of robbery or theft. That there be community of design. and 3. PRINCIPAL by COOPERATION Cooperation is indispensable in the commission of the act. sister or relative by affinity within the same degree. unless the accessory himself profited from the effects or proceeds of the crime or assisted the offender to profit therefrom.CRIMINAL LAW • CONSPIRATOR ACCOMPLICE They know and agree with the criminal design. That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice.” Presidential Decree No. agree to cooperate in its execution. or b. that is. When is an accessory NOT exempt from criminal liability even if the principal is related to him: • if such accessory (1) profited by the effects of the crime. 100% UP LAW UP BAROPS 2008 Page 33 of 62 . He is already accomplice a principal or an When is an accessory exempt from criminal liability: • when the principal is his: 1. 1612 has. Conspirators know the Accomplices come to criminal intention know about it after because they the principals have themselves have reached the decision decided upon such and only then do they course of action. legitimate. When the felony committed is a light felony 2. Conspirators decide Accomplices merely that a crime should be assent to the plan and committed. descendant. 1612 (Anti-Fencing Law). where the accessory is a relative by affinity within the same degree. NOTE: Even if only two of the principals guilty of murder are the brothers of the accessory and the others are not related to him. 4. When can one not be an accessory: • • He does not know of the commission of the crime He participated in the crime Presidential Decree No. such accessory is exempt from criminal liability. i. 2. brother or sister whether legitimate. or c. or (2) assisted the offender to profit by the effects of the crime Other instances accessory: • • • • • when one becomes an Accessory as a fence Acquiring the effects of piracy or brigandage Destroying the corpus delicti Harboring or concealing an offender Whether the accomplice and the accessory may be tried and convicted even before the principal is found guilty 1. by previous or simultaneous acts. ascendant. with the intention of supplying material or moral aid in the execution of the crime in an efficacious way. cooperate in it accomplishment Conspirators are the Accomplices are authors of a crime merely instruments who perform acts not essential to the perpetration of the offense. natural or adopted brother. spouse. When the accessory is related to the principal as a. spouse. ACCESSORIES When are accessories not criminally liable: 1. ACCESSORY AS A FENCE C. Mere possession of any article of value which has been the subject of robbery or theft brings about the presumption of “fencing. a fence) is not just an accessory to the crime. therefore. 2. an ascendant. modified Article 19 of the Revised Penal Code.
to the piracy or brigandage. and is not inconsistent with any provision of RA 7659. with respect to the third involvement of an accessory. What is material is that he used his public function is assisting the escape. Although Republic Act 7659. Criminal liability of accessory 3. DESTROYING THE CORPUS DELICTI Revised Penal Code When the crime is robbery or theft. criminal liability will arise. Is the aunt criminally liable? No. Principal was being chased by soldiers. UP BAROPS PD 1829 (Also Known as the law penalizing “Obstruction of Justice”) There is no specification of the crime to be committed by the offender in order that criminal liability be incurred The offender need not even be the principal or need not be convicted of the crime charged An offender of any crime is no longer an Page 34 of 62 Specifies the crimes that should be committed in case a civilian aids in the escape o The offender is the principal or must be convicted of the crime charged The one who harbored or concealed 2008 100% UP LAW . concealing. the principal must have committed the crime of treason. ACQUIRING THE EFFECTS OF PIRACY OR BRIGANDAGE 4. which punishes said acts as a crime of abetting piracy or brigandage. unless the contrary is proven. HARBORING OFFENDER OR CONCEALING AN Presidential Decree 532 (Anti-piracy and Anti-Hghway Robbery Law of 1974) If the crime was piracy or brigandage under PD 532. he becomes an accessory. PUBLIC OFFICER The nature of the crime is immaterial. The corpus delicti is not the body of the person who is killed. the aunt even gave money to her nephew for the latter to go to the province.CRIMINAL LAW 2. Article 122 of the Revised incorporated therein the crime Philippine territorial waters correspondingly superseding PD o in amending Penal Code. When the soldiers left. murder. or attempt on the life of the Chief Executive. take note that the law distinguishes between: o a public officer harboring. parricide. murder or attempt on the life of the Chief Executive. of piracy in and thus 532 In the fourth form or manner of becoming an accessory. concealing. or assisting the principal to escape. Article 20 does not include an aunt. to be criminally liable. If there is someone who destroys the corpus delicti to prevent discovery. o Even if the corpse is not recovered. o It shall be presumed that any person who does any acts provided in this Section has performed them knowingly. the crime committed was kidnapping. CIVILIAN The nature of the crime is material. as long as that killing is established beyond reasonable doubt. for a person who is not a public officer and who assists an offender to escape or otherwise harbors. or that the principal is known to be habitually guilty of some other crime. this is not the reason. not just an accessory. For him to become an accessory. section 4 of said Decree. In this case. still stands as it has not been repealed nor modified. do not overlook the purpose which must be to prevent discovery of the crime. or conceals such offender. o said act constitutes the crime of abetting piracy or abetting brigandage as the case may be. Illustration: Crime committed is kidnapping for ransom. and o a private citizen or civilian harboring. o although the penalty is that for an accomplice. The principal must have committed either treason. His aunt hid him in the ceiling of her house and she told the soldiers that her nephew had never visited her. Section 4 of PD 532 o provides that any person who knowingly and in any manner… acquires or receives property taken by such pirates or brigands or in any manner derives benefit therefrom… shall be considered as an accomplice of the principal offenders in accordance with the Rules prescribed by the Revised Penal Code. parricide. However. or assisting the principal to escape.
5. the accomplice and accessory shall also not be criminally liable. But if the evidence shows that • the act done does not constitute a crime and the principal is acquitted. then there is no criminal liability. CA (1990). except that he was not charged with fencing. UP BAROPS 2008 Page 35 of 62 • 100% UP LAW .CRIMINAL LAW an offender is still an accessory accessory but is simply an offender without regard to the crime of the person assisted to escape ◦ then the supposed accomplice and accessory should also be acquitted. This is not true in all cases. but under PD 1829. or accessory. • Under Rule 110 of the Revised Rules on Criminal Procedure. • In the preceding illustration. Even if the principal is convicted. Amin 189 SCRA 573 (1990). Conspiracy was not proven. 2) Enrile v. 1) Taer v. then said accused will be acquitted. ◦ It is not always true that the accomplice and accessory cannot be criminally liable without the principal being first convicted. • But the prosecution must initiate the proceedings against the principal. it is required that • all those involved in the commission of the crime must be included in the information that may be filed. A person charged with rebellion should not be separately charged under PD 1829. whether principal. • if the evidence presented against a supposed accomplice or accessory does not meet the required proof beyond reasonable doubt. • Taer should have been liable for violation of the Anti-Fencing Law since castlerustling is a form of theft or robbery of large cattle. unless the acquittal is based on a defense which is personal only to the principal. WHETHER THE ACCOMPLICE AND THE ACCESSORY MAY BE TRIED AND CONVICTED EVEN BEFORE THE PRINCIPAL IS FOUND GUILTY There is an earlier Supreme Court ruling that the accessory and accomplice must be charged together with the principal • if the latter is acquitted. If there is no crime. Taer was held liable as an accessory in the crime of cattle-rustling under PD 533. The theory of absorption must not confine itself to common crimes but also to offenses punished under special laws which are perpetrated in furtherance of the political offense. • • So the criminal liability of an accomplice or accessory does not depend on the criminal liability of the principal but depends on the quantum of evidence. accomplice. Facts: Accused received from his co-accused two stolen male carabaos. the aunt is not criminally liable under the Revised Penal Code because the crime is kidnapping. • The liability of the accused will depend on the quantum of evidence adduced by the prosecution against the particular accused.
The penalties which may be imposed according to this Code. degrading or inhuman punishment inflicted. A. 4. SOCIAL DEFENSE – shown by its inflexible severity to recidivist and habitual delinquents.CRIMINAL LAW VI. unless. the Congress hereafter provides for it. • Reclusion temporal. CORRECTION OR REFORMATION – as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty. Must be PRODUCTIVE OF SUFFERING. APPLICATION AND COMPUTATION OF PENALTIES G. EXEMPLARITY – to serve as an example to deter others from committing crimes. 2. No ex post facto law or bill of attainder shall be enacted. 4. No person shall be imprisoned for debt or non-payment of a poll tax. Any death penalty already imposed shall be reduced to reclusion perpetua. B. PENALTIES WHICH MAY BE IMPOSED Art. (1) No person shall be detained solely by reason of his political beliefs and aspirations. Section 22. II. ACCESSORY PENALTIES D. and a man cannot be expected to obey an order that has not been given. PENALTIES Penalty is the suffering that is inflicted by the State for the transgression of a law. • Prision mayor. Correctional penalties: • Prision correccional. JUSTICE – for retributive justice. because a law cannot be rationally obeyed unless it is first shown. Afflictive penalties: • Reclusion perpetua. SPECIAL RULES H. • Perpetual or temporary special disqualification. 7. Penalties that may be imposed. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. 2. are those included in the following: A. 3. Must be EQUAL for all. 100% UP LAW . 3. This Section discusses the following: A. Section 19. Purpose of penalty under the RPC: 1. GENERAL PRINCIPLES Art. SELF-DEFENSE – to protect the society from the threat and wrong inflicted by the criminal. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. 3. 5. 25. a penalty has been prescribed. EXECUTION AND SERVICE OF PENALTIES A. PENALTIES WHICH MAY BE IMPOSED E. a vindication of absolute right and moral law violated by the criminal. Scale OF PRINCIPAL PENALTIES Capital punishment: • Death. UP BAROPS 2008 Page 36 of 62 I. for compelling reasons involving heinous crimes. (1) Excessive fines shall not be imposed. Must be PERSONAL – no one should be punished for the crime of another. PENALTIES WHICH MAY BE IMPOSED C. and their different classes. THE INDETERMINATE SENTENCE LAW I. 6. Section 20. RETRIBUTION OR EXPIATION – the penalty is commensurate with the gravity of the offense. Must be LEGAL – it is the consequence of a judgment according to law. • Perpetual or temporary absolute disqualification. This article prohibits the Government from punishing any person for any felony with any penalty which has not been prescribed by the law. without affecting the integrity of the human personality. GENERAL PRINCIPLES B. REFORMATION – to correct and reform the offender. Neither shall death penalty be imposed. Must be CORRECTIONAL. Different Juridical Conditions of Penalty: 1. • Arresto mayor. Must be COMMENSURATE with the offense – different crimes must be punished with different penalties. Must be CERTAIN – no one may escape its effects. MEASURES NOT CONSIDERED PENALTY F. 5. Penalties which may be imposed. PREVENTION – to suppress danger to the State 2. REASON: An act or omission cannot be punished by the State if at the time it was committed there was no law prohibiting it. OTHER CONSTITUTIONAL PROHIBITIONS 1987 CONSTITUTION Section 18. It has no application to any of the provisions of the RPC for the reason that for every felony defined in the Code. nor cruel. Theories justifying penalty: 1. 21.
Death penalty RA 9346 or “An Act Prohibiting the Imposition of Death Penalty in the Philippines” • expressly repealed RA 8177 or “Act Designating Death by Lethal Injection” and RA 7659 or “Death Penalty Law”. Death Reclusion perpetua Perpetual absolute or special disqualification Public censure According to subject-matter • Corporal ◦ (death) • Deprivation of freedom ◦ (reclusion. CAPITAL PUNISHMENT 1. Forfeiture or confiscation of instruments and proceeds of the offense. in which case its duration shall be that of the principal penalty. Destierro. Reclusion perpetua. RA 9346 repealed all the other laws imposing death penalty. the Court in acquitting the accused may criticize his acts or conduct. D.CRIMINAL LAW • • Suspension. MaJOR CLASSIFICATION PRINCIPAL PENALTIES – those expressly imposed by the court in the judgment of conviction. C. SCALE OF ACCESSORY PENALTIES Perpetual or temporary absolute disqualification. when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. Suspension from public office. • Indivisible ◦ those which have no fixed duration. the penalty of reclusion perpetua. the right to vote and be voted for. arresto) • Restriction of freedom ◦ (destierro) • Deprivation of rights ◦ (disqualification and suspension) • Pecuniary ◦ (fine) According to their gravity • Capital • Afflictive • Correctional • Light 100% UP LAW UP BAROPS b. • However. and • Bond to keep the peace. 2008 Page 37 of 62 . • thus. NOTE: Public censure is a penalty. III. Penalties that are either principal or accessory: • Perpetual or temporary absolute disqualification. C. and • suspension ◦ may be principal or accessory penalties.” B. prision. Prision mayor and temporary disqualification. unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. ACCESSORY PENALTIES – those that are deemed included in the imposition of the principal penalties. Light penalties: • Arresto menor. — The penalty of reclusion temporal shall be from twelve years and one day to twenty years. • perpetual or temporary special disqualification. because they formed in the 2 general classes. 27. it is not proper in acquittal. B. Civil interdiction. the profession or calling. Perpetual or temporary special disqualification. AFFLICTIVE PENALTIES Art. the following shall be imposed: a. when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code. • Public censure. Other classifications of penalties: According to their divisibility: • Divisible ◦ those that have fixed duration and are ◦ divisible into three periods. Indemnification. Reclusion temporal. SPECIFIC PRINCIPAL AND ACCESSORY PENALTIES A. or the penalty of life imprisonment. Payment of costs. • Section 2 states that: “In lieu of the death penalty. — Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years. — The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years. except when the penalty of disqualification is imposed as an accessory penalty. Penalties common to the three preceding classes: • Fine.
— The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be. or calling affected Disqualification from similar offices or employments PAD Civil interdiction 30 yrs from sentence PAD Civil interdiction for life Perpetual absolute disqualification (PAD) For life Perpetual special disqualification (PSD) For life Reclusion temporal 12 years & 1 day to 20 years Prision mayor 6 years & 1 day to 12 years Deprivation of public office.CRIMINAL LAW The following table also contains DISQUALIFICATION as an afflictive penalty. 41. or calling affected Disqualification from similar offices or employments PAD Civil interdiction for duration of sentence TAD PSD of suffrage Temporary absolute disqualification (TAD) 6 years & 1 day to 12 years Temporary special disqualification (TSD) 6 years & 1 day to 12 years Art. — The penalty of prision mayor. Its accessory penalties. shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty. and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty. b. profession. Civil interdiction for life or during the period of the sentence as the case may be. 1) RECLUSION PERPETUA employment. even if by election Deprivation of right to vote & be voted for Disqualification from public office held Loss of retirement rights Deprivation of office. unless the same shall have been expressly remitted in the pardon. Reclusion perpetua and reclusion temporal. Penalty Death (REPEALED) Death. when not executed due to pardon or commutation (REPEALED) Duration Indivisible Effects Accessories Reclusion perpetua 20 years & 1 day to 40 years (Indivisible) Deprivation of public office. Duration: 20 years and 1 day to 40 years Accessory Penalties: a. unless the same shall have been expressly remitted in the pardon. because its different forms can also be imposed as a principal although it is primarily categorized as an accessory penalty. profession. unless the same shall have been expressly remitted in the pardon. Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as to the principal penalty. employment. Gatward (1997) Facts: The accused was convicted of violating the Dangerous Drugs Act for unlawfully importing into the Philippines heroin. 100% UP LAW UP BAROPS 2008 Page 38 of 62 . 42. Their accessory penalties. 1) People v. Art. The trial court sentenced the accused to suffer the penalty of imprisonment for 35 years of reclusion perpetua there being no aggravating or mitigating circumstance shown to have attended in the commission of the crime. Prision mayor. even if by election Deprivation of right to vote & be voted for during sentence Disqualification from public office held during sentence Loss of retirement rights Deprivation of office.
Prision correccional. unless the same shall have been expressly remitted in the pardon. it should remain as an indivisible penalty since there was never intent on the part of Congress to reclassify it into a divisible penalty. its duration shall be that of the principal penalty. 1990." Distinguished from Life Imprisonment 3) People v. Arresto mayor. suspension and destierro shall be from six months and one day to six years. LIFE IMPRISONMENT Imposed for serious offenses penalized by special laws Does not carry with it accessory penalties Does not appear to have any definite extent or duration RECLUSION PERPETUA Prescribed under the RPC Carries with it accessory penalties Entails imprisonment for at least 30 years after which the convict becomes eligible for pardon although the maximum period shall in no case exceed 40 years a. it has no minimum. the penalty next lower in degree which is reclusion perpetua should be imposed. suspension. at a time when the imposition of the death penalty was prohibited. Perpetual Special Disqualification from the right to suffrage which the offender shall suffer although pardoned as to the principal penalty unless the same shall have been expressly remitted in the pardon. — The duration of the penalty of arresto mayor shall be from one month and one day to six months. "Since reclusion perpetua is an indivisible penalty. 27. b. 63. Ramirez (2001) The SC disagrees with the trial court in sentencing appellant "to suffer imprisonment of forty (40) years reclusion perpetua. in reality. The significance of this fundamental principle was laid down by the Court in People v. It is imposed in its entirety regardless of any mitigating or aggravating circumstances that may have attended the commission of the crime. Civil interdiction for life or during the period of the sentence as the case may be. Diquit. because reclusion perpetua is an indivisible penalty. This is not equivalent to life imprisonment. and destierro. B. Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as to the principal penalty. unless by reason of his conduct or some other serious cause. The Court held that in spite of the amendment putting the duration of RP. 27 (4). except when suspension is imposed as an accessory penalty. While life imprisonment may appear to be the English translation of reclusion perpetua. he shall be considered by the Chief Executive as unworthy of pardon (Art. in which case. The duration of the penalties of prision correccional. The crime of illegal possession of firearm in its aggravated form is punished by the penalty of death.CRIMINAL LAW Held: As amended by RA 7659. Temporary Absolute Disqualification b." There was no justification or need for the trial court to specify the length of imprisonment. (Art. The maximum duration of reclusion perpetua is not and has never been 30 years which is merely the number of ears which the convict must serve in order to be eligible for pardon or for the application of the 3fold rule. it goes deeper than that. 3) PRISION MAYOR Duration: 6 years and 1 day to 12 years Accessory Penalties: a. 2) RECLUSION TEMPORAL Duration: 12 years and 1 day to 20 years Accessory Penalties: 100% UP LAW UP BAROPS 2008 Page 39 of 62 . the penalty of reclusion perpetua is now accorded a defined duration ranging from 20 years and 1 day to 40 years. Ballabare (1996) The trial court erred in imposing the penalty of life imprisonment for violation of PD 1866. Revised Penal Code). 16. Revised Penal Code) Reclusion Perpetua is imprisonment for life but the person sentenced to suffer it shall be pardoned after undergoing the penalty for thirty (30) years. medium or maximum periods. C. Since the offense was committed on Sep. 2) People v. CORRECCIONAL PENALTIES Art.
Subsidiary penalty. April 21. When the principal imposed is higher than prision correccional. from the right to follow a profession or calling. 43. Suspension of right to hold office b. he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos. Art. if the culprit shall have been prosecuted for a grave or less grave felony. shall continue to suffer the same deprivations as those of which the principal penalty consists. from the fine in case his financial circumstances should improve. Prision correccional 6 months & 1 day to 6 years Suspension 6 months & 1 day to 6 years Public office Profession or calling Suffrage Prohibition to enter w/in 25-250 km radius from the designated place Suspension of right to hold office and right of suffrage Destierro 6 months & 1 day to 6 years Arresto mayor 1 month & 1 day to 6 months 1) PRISION CORRECCIONAL Duration: 6 months and 1 day to 6 years Accessory Penalties: a. 100% UP LAW UP BAROPS 2008 Page 40 of 62 . if the duration of said imprisonment shall exceed eighteen months. if the duration of the imprisonment shall exceed 18 months 2) ARRESTO MAYOR Duration: 1 month and 1 day to 6 months C. — The penalty of prision correccional shall carry with it that of suspension from public office. 1969). The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty.CRIMINAL LAW Art. — If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article. the subsidiary imprisonment shall not exceed six months. When the principal penalty imposed be only a fine. and in no case shall it continue for more than one year. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him. Its accessory penalties. 39. and no fraction or part of a day shall be counted against the prisoner. Prision correccional. 2. but his subsidiary imprisonment shall not exceed one-third of the term of the sentence. If the principal penalty imposed be prision correccional or arresto and fine. but such penalty is of fixed duration. If the principal penalty imposed is not to be executed by confinement in a penal institution. 4. 3. 5. Suspension from the right to follow a profession or calling c. he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied. and that of perpetual special disqualification from the right of suffrage. LIGHT PENALTIES Accessory Penalties: a. Suspension from public office b. if for a light felony. if penalty exceeds 18 mos. and shall not exceed fifteen days. during the period of time established in the preceding rules. no subsidiary imprisonment shall be imposed upon the culprit. the convict. Penalty Duration Effects Accessories Accessories Suspension from public office Suspension from profession or calling PSD of suffrage. subject to the following rules: 1. unless the same shall have been expressly remitted in the pardon. Perpetual Special Disqualification fro the right of suffrage. (As amended by RA 5465. Suspension of the right of suffrage during the term of the sentence.
The court can fix any amount of the fine within the limits established by law. Art.000 pesos but is not less than 200 pesos. shall be considered an afflictive penalty. not only to the mitigating and aggravating circumstances. correctional. whether imposed as a single of as an alternative penalty. Correctional – P200 to P6. D. if it does not exceed 6. the period of duration of the bond. 39. SUPRA Art. 66. • the determination of the amount of the fine to be imposed upon the culprit 100% UP LAW UP BAROPS 2008 Page 41 of 62 . The offender may be detained. Fine is: 1. 26. Bond 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.000 pesos.000 2. Arresto. Suspension of the right of suffrage during the term of the sentence. and a light penalty if it less than 200 pesos. Light Penalty – less than P200 Art. CORRECCIONAL AND LIGHT PENALTIES 1) FINE Art.000 3. and shall not exceed thirty days. if for a light felony. a correctional penalty. — A fine. When the law does not fix the minimum of the fine. to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented. and that in case such offense be committed they will pay the amount determined by the court in the judgment. according to its discretion. ◦ and that in case such offense be committed they will pay the amount determined by the court. Imposition of fines. but more particularly to the wealth or means of the culprit.CRIMINAL LAW Art. provided it shall not exceed the maximum authorized by law. the wealth or means of the culprit. 2 WAYS OF GIVING BOND 1) The offender must present • 2 sufficient sureties who shall undertake that ◦ the offender will not commit the offense sought to be prevented. — The duration of the penalty of arresto menor shall be from one day to thirty days. 35. Effects of bond to keep the peace. Its accessory penalties. Arresto menor. The court must consider: • The mitigating and aggravating circumstances. 2) PUBLIC CENSURE Censure. The court shall determine. 27 (6). This article merely classifies fine and has nothing to do with the definition of light felony. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months. if for a light felony. PENALTIES COMMON TO AFFLICTIVE. if it exceeds 6. or • for a period not to exceed 30 days. Subsidiary penalty. — In imposing fines the courts may fix any amount within the limits established by law. 2) BOND TO KEEP THE PEACE Art. or light penalty. 44. being a penalty is not proper in acquittal. 1. or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. • • is left to the sound discretion of the court. in fixing the amount in each case attention shall be given. • for a period not to exceed 6 months if prosecuted for grave or less grave felony. Suspension of right to hold office b. When afflictive. — It shall be the duty of any person sentenced to give bond to keep the peace. and • More particularly. — The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence. not divided into 3 equal Fines are portions. 2) The offender must • deposit such amount with the clerk of court to guarantee said undertaking. if he cannot give the bond. 1) ARRESTO MENOR Duration: 1 day to 30 days Accessory Penalties: a. Afflictive – over P6. is he shall have been prosecuted for a grave or less grave felony. The court shall determine the period of duration of the bond.
Art. The deprivation of the right to vote in any election for any popular office or to be elected to such office. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. — Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority. Effects of the penalties of perpetual or temporary absolute disqualification. 30. In case of temporary disqualification. profession or calling. Deprivation of the right to vote in any election or to be voted upon c. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage. 3. Effects: a. of marital authority. 5) Indemnification/ Forfeiture or confiscation of instruments and proceeds of the offense. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. the profession or calling. according to the nature of said penalty. such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. The loss of all rights to retirement pay or other pension for any office formerly held.CRIMINAL LAW Penalty Arresto menor Public censure Penalty (Common to All Three Types) Fine Duration 1 day to 30 days Effects Accessories Suspension of right to hold office and right of suffrage IV. 34. of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. — The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. 33. Effects of the penalties of suspension from any public office. Civil interdiction. — The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence. Loss of rights to retirement pay or pension 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 temporary absolute disqualification. ACCESSORY PENALTIES 1) Perpetual or temporary absolute disqualification. of the right to vote in any popular election for any public office or to be elected to such office. the offender shall not be permitted to hold any public office during the period of his disqualification. Confiscation and forfeiture of the proceeds or instruments of the crime. 3) Suspension from public office. D. Art. or the right of suffrage. 4. the right to vote and be voted for. 2. Art. — The suspension from public office. Deprivation of any public office or employment f offender b. — Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the 1) PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION Art. 4) Civil interdiction. either as to the person or property of any ward. Art. 2) Perpetual or temporary special disqualification. profession or calling. 45. or guardianship. Moreover. 6) Payment of costs. and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. 32. 100% UP LAW UP BAROPS 2008 Page 42 of 62 .
♠ They are not penalties because they are not imposed as a result of judicial proceedings. b) Reclusion perpetua c) Reclusion temporal INDEMNIFICATION OR CONFISCATION OF INSTRUMENTS ORPROCEES OF THEOFFENSE ∗ This is included in every penalty for the commission of the crime. Indemnities. Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence. ∗ If the trial court did not order any confiscation of the procees of the crime. 3. and b. unless they be property of a third person not liable for the offense. as well as their detention by reason of insanity or imbecility. profession or calling affected. Suspension from the employment of public office during the trial or in order to institute proceedings. the government cannot appeal from the confiscation as that would increase the penalty already imposed. the duration is the same as that of the principal penalty. profession or calling affected. but those articles which are not subject of lawful commerce shall be destroyed. ♠ The succeeding provisions are some examples of deprivation of rights established in penal form: For the exercise of right to suffrage: a. b. SUSPENSION FROM PUBLIC OFFICE.CRIMINAL LAW proceeds of the crime and the instruments or tools with which it was committed. costs charged against him. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. The deprivation of the office. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. Deprivation of rights and the reparations which the civil laws may establish in penal form. Deprivation of the office. Fines and other corrective measures which. Art. de officio. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government. PAYMENT OF COSTS Includes: a. ∗ The confiscation is in favor of the government. Cannot hold another office having similar functions during the period of suspension. 5. the course of judicial ∗ Costs may be fixed amounts determined by law or regulations or subject to a schedule. employment. meaning each party bears expense. in the exercise of their administrative disciplinary powers. 4. b. Fees. ∗ Property of a third person not liable for the offense is not subject to confiscation. The imposition of the sentence in such case is suspended. CIVIL INTERDICTION Effects: Deprivation of the following rights: 1) Parental authority 2) Guardianship over the ward 3) Marital authority 100% UP LAW UP BAROPS 2008 Page 43 of 62 . Measures of prevention or safety which are nor considered penalties. Cannot hold any public office during the period of disqualification ∗ The penalty for disqualification if imposed as an accessory penalty is imposed for PROTECTION and NOT for the withholding of a privilege. 2. THE RIGHT TO VOTE AND BE VOTED FOR. ∗ If the accused is convicted. in proceedings. If he is acquitted. 3 and 4 are merely preventive measures before conviction of offenders. already amounts may be costs are his own E. 2. superior officials may impose upon their subordinates. 2) PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION Art. Effects: For public office. The penalties of perpetual or temporal special disqualification for public office. ∗ Temporary disqualification or suspension if imposed as an accessory penalty. Those mentioned in par. Deprivation of the right to vote or to be elected in an office. b. profession or calling: a. ♠ The commitment of a minor mentioned in par. or illness requiring their confinement in a hospital. Effect of the penalties of perpetual or temporary special disqualification. 2 is not a penalty because it is not imposed by the court in a judgment of conviction. MEASURES NOT CONSIDERED PENALTY RPC. employment. 4) Right to manage property and to dispose of the same by acts inter vivos ∗ Civil interdiction is an accessory penalty to the following principal penalties: a) Death if commuted to life imprisonment. profession or calling shall produce the following effects: 1. THE RIGHT TO PRACTICE A PROFESSION OR CALLING Effects: a. 24. The arrest and temporary detention of accused persons. — The following shall not be considered as penalties: 1. 31. Disqualification for holding similar offices or employments during the period of disqualification.
O. Temporary special disqualification 3. (2) Upon the death of the child. When they are recidivists or have been convicted previously twice or more times of any crime. If the offender be not in prison. the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. 2 applies. Unless subsequently revived by a final judgment. Rule No. (As amended by Republic Act 6127. 1970). Computation of penalties. is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty. the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final. he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. except in the following cases: 1. (327a) Family Code. (As amended by E. 46. Examples of penalties deprivation of liberty: 1. 214. he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal. 3. Art. parental authority also terminates: (1) Upon adoption of the child. because the offender has been released on bail. 229. Whenever the law prescribes a penalty for a felony is general terms. Upon the principals b. (327a) F. Rules for the computation of penalties: 1. July 10. as when he is undergoing preventive imprisonment. 3 applies. No. Rule No. — Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty.CRIMINAL LAW Family Code. if the same is under review. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. ♠ The accused undergoes preventive imprisonment when the offense charged is nonbailable. (2) Upon appointment of a general guardian. Period of preventive imprisonment deducted from term of imprisonment. and 2. APPLICATION AND COMPUTATION OF PENALTIES Art. ♠ The accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged. Destierro consisting in ♠ If the offender is undergoing preventive imprisonment. Rule No. — The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. 1 applies. or (3) Upon emancipation of the child. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. Suspension ♠ If offender is under detention. Temporary absolute disqualification 2. or (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose. 3 applies but the offender is entitled to a deduction of full time or 4/5 of the time of his detention. 100% UP LAW UP BAROPS . WHEN THE OFFENDER IS NOT IN PRISON – the duration of penalty consisting in deprivation of liberty. In case the maximum penalty to which the accused may be sentenced is destierro. Art. if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. 28. Rule No. it shall be understood as applicable to the consummated felony. Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners. he cannot furnish the required bail. Imprisonment 2. 1988). 228. (4) Upon final judgment of a competent court divesting the party concerned of parental authority. ♠ If not under detention. or even if bailable. Penalty to be imposed upon principals in general. For consummated felony 2008 Page 44 of 62 ♠ When the offender is not in prison. Parental authority terminates permanently: (1) Upon the death of the parents. WHEN THE OFFENDER IS IN PRISON – the duration of temporary penalties is from the day on which the judgment of conviction becomes final. he shall be released after thirty (30) days of preventive imprisonment. GENERAL RULE: The penalty prescribed by law in general terms shall be imposed: a. — If the offender shall be in prison. ♠ The convict is to be released immediately if the penalty imposed after trial is less than the full time or four-fifths of the time of the preventive imprisonment. Art. with the full time during which they have undergone preventive imprisonment. June 17. 29. 2. THE DURATION OF OTHER PENALTIES – the duration is from the day on which the offender commences to serve his sentence Examples of temporary penalties: 1. Art.
PRINCIPALS. Penalty to be imposed upon accomplices in consummated crime. refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime. — The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. EXCEPTIONS: Arts. 50-57: “0” represents the penalty prescribed by law in defining a crime. Art. ♠ Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of execution is not in proportion to the wrong done. Although the commission of the act is attended by some mitigating circumstance without any aggravating circumstance to offset them. frustrated or consummated) 2. The accused was sentenced to the penalty of reclusion perpetua. Held: The penalty applicable for parricide under Art. 56. The aggravating or mitigating circumstances which attended the commission of the crime. 46. medium and minimum. the law fixes a distinct penalty for the principal in frustrated or attempted felony. Penalty to imposed upon accomplices in a frustrated crime. frustrated or attempted) and to the DEGREE OF THE CRIMINAL PARTICIPATION OF THE OFFENDER (whether as principal. 54. Penalty to be imposed upon principals of attempted crimes. 57. in accordance with the provisions of Art. or to be imposed upon accomplices or accessories. — A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. The participation therein of the person liable. reclusion perpetua to death. — The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony. — The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony. Whenever the law prescribes a penalty for a felony is general terms. to meet the different situation anticipated by law. Art. Penalty to be imposed upon accessories of an attempted crime. People v. ACCOMPLICES AND ACCESSORIES IN CONSUMMATED. 50. The other figures represent the degrees to which the penalty must be lowered. — The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony. BASES FOR THE DETERMINATION OF THE EXTENT OF PENALTY: 1. 246 of the RPC is composed only of 2 indivisible penalties. Art. Art. Formigones (1950) Facts: The accused without a previous quarrel or provocation took his bolo and stabbed his wife in the back resulting to the latter’s death. Penalty to be imposed upon principals in general. it shall be understood as applicable to the consummated felony. 53. 63 of the RPC should be applied. Penalty to be imposed upon accessories to the commission of a consummated felony. — The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony. as maximum. Art. 51. Penalty to be imposed upon accomplices in an attempted crime. The said article provides that when the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance. the lesser penalty shall be applied. 3. Penalty to be imposed upon principals of a frustrated crime. Art. Art. — The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. accomplice or accessory) ♠ The division of a divisible penalty into three periods. 100% UP LAW UP BAROPS 2008 Page 45 of 62 . FRUSTRATED AND ATTEMPTED FELONIES. ♠ The graduation of penalties by degrees refers to STAGES OF EXECUTION (consummated. The stage reached by the crime in its development (either attempted. 46. — The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony. Art. CONSU MMATE D 0 1 2 FRUSTRA TED 1 2 3 ATTEMPT ED 2 3 4 PRINCI PALS ACCOM PLICES ACCESS ORIES DIAGRAM OF THE APPLICATION OF ARTS. 52. 55. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for frustrated or attempted felony. which is to be imposed n the PRINCIPAL in a CONSUMMATED OFFENSE.CRIMINAL LAW EXCEPTION: The exception is when the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law. Art. — The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. Penalty to be imposed upon accessories of a frustrated crime. Art.
64). 173 par. but in Art. the following rules shall be observed: 1. prision mayor. EXCEPTION: When accessory is punished as principal – knowingly concealing certain evil practices is ordinarily an act of the accessory. seduction. acts of lasciviousness. the courts. ♠ Those rules also apply in lowering the penalty by one or two degrees by reason of the presence of privileged mitigating circumstance (Arts. reclusion temporal 2008 Page 46 of 62 100% UP LAW UP BAROPS . a. 173 par. inclusive. if possible. ♠ The lower penalty shall be taken from the graduated scale in Art. The INDIVISIBLE PENALTIES are: a. the penalty next lower in degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code. guardians. such act is punished as the act of the principal. or as accomplices or accessories. when the penalty prescribed for the crime is composed of several periods. 4. For the principal in frustrated felony – one degree lower. Art. according to the provisions of Articles 50 to 57.3 ) d. or of attempt to commit the same. or to be imposed upon accomplices or accessories. 162). 71. teachers and any person who by abuse of authority or confidential relationship. reclusion perpetua c. 61. ♠ When there is a mitigating or aggravating circumstance. ♠ This article provides for the rules to be observed in lowering the penalty by one or two degrees. which shall be taken from the penalty prescribed. c. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for frustrated or attempted felony. reclusion temporal. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty. ♠ A PERIOD is one of the three equal portions called the minimum. 142. the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. ♠ Arts. corresponding to different divisible penalties. EXCEPTIONS: a. The MINIMUM of the indeterminate penalty is within the range of the penalty next lower than that prescribed by the RPC for the offense. 3. are to be imposed upon persons guilty as principals of any frustrated or attempted felony. 5. corruption of minors. For the accessory in consummated felony – two degrees lower. When accessories are punished with a penalty one degree lower: a. or of one or more divisible penalties to be impose to their full extent. 68 and 69). death b. 2.. The ascendants. or when the penalty is divisible and there are two or more mitigating circumstances (generic) and no aggravating circumstance (Art. 268) GENERAL RULE: An accessory is punished by a penalty two degrees lower than the penalty imposed upon the principal. 61 should also apply in determining the MINIMUM of the indeterminate penalty under the Indeterminate Sentence Law. in which case the penalty is lowered by degree. Using falsified document (Art. Illegal possession and use of a false treasury or bank note (Art. c. or to be imposed upon accomplices or accessories. For the principal in attempted felony – two degrees lower. one whole penalty or one unit of the penalties enumerated in the graduated scales provided for in Art.CRIMINAL LAW ♠ A DEGREE is one entire penalty. except when the penalty is divisible and there are two or more mitigating and without aggravating circumstances. proceeding by analogy. b. inclusive. Exception to the rules established in Articles 50 to 57. For the accomplice in consummated felony – one degree lower. 71. the penalty is lowered or increased by PERIOD only. Using falsified dispatch (Art. When the penalty prescribed for the felony is single and indivisible. GENERAL RULE: An accomplice is punished by a penalty one degree lower than the penalty imposed upon the principal. — For the purpose of graduating the penalties which. and d. medium and maximum of a divisible penalty. b. 2) Art. white slate trade or abduction. — The provisions contained in Articles 50 to 57. the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following. shall impose corresponding penalties upon those guilty as principals of the frustrated felony. (Art. (Art. Rules for graduating penalties. ♠ The rules provided for in Art. 71 is a degree. 168). shall cooperate as accomplices in the crimes of rape. Each of the penalties of reclusion perpetua. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules. 346) b. 60. of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony. of this Code. One who furnished the place for the perpetration of the crime of slight illegal detention. When the penalty prescribed for the crime is composed of two indivisible penalties. etc. Knowingly using counterfeited seal or forged signature or stamp of the President (Art. the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. public censure The DIVISIBLE PENALTIES are: a. enumerated in the graduated scales of Art. curators. and upon accomplices and accessories. otherwise from the penalty immediately following in the above mentioned respective graduated scale.
If the penalty is any one of the three periods of a divisible penalty. Ex. which is reclusion perpetua. the penalty next lower in degree is the penalty consisting in 2 periods down in the scale. EFFECTS OF MITIGATING AND AGGRAVATING CIRCUMSTANCES Art. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof.CRIMINAL LAW b. FOURTH RULE: When the penalty is composed of several periods . prision correccional to prision mayor ♠ The penalty immediately following the lesser of the penalties of prision correccional to prision mayor is arresto mayor. or for principal in frustrated murder Maximum Medium Minimum When the penalty is composed of one indivisible penalty and the maximum period of a divisible penalty Ex. reclusion perpetua to death ♠ The penalty immediately following the lesser of the penalties. prision correccional d. 3. If the penalty prescribed by the Code consists in only 1 period. is reclusion temporal. reclusion temporal is the penalty next lower in degree.This rule contemplates a penalty composed of at least 3 periods. Ex. or from any other personal cause. shall only serve to aggravate or mitigate 2008 Page 47 of 62 Penalty for the principal in consummated murder Penalty for accomplice. the penalty next lower in degree is the penalty consisting in the 3 periods down in the scale. Aggravating or mitigating circumstances which arise from the moral attributes of the offender. 4 and 5 of Art. the penalty next lower in degree is the next period down in the scale. the penalty next lower in degree shall be that period next following the given penalty. MEDIUM AND THE MAXIMUM RULES: FIRST RULE: When the penalty is single and indivisible. When the penalty is composed of one or more divisible penalties to be imposed to their full extent Ex. or from his private relations with the offended party. Prision correccional in its MINIMUM and MEDIUM periods Prision correccional Maximum Medium Minimum Maximum Medium Minimum Penalty for the principal in the consummated felony Penalty for the accomplice. 2. 62. Ex. prision mayor c. THIRD RULE: When the penalty is composed of two indivisible penalties and the maximum period of a divisible penalty Ex. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. SECOND RULE: When the penalty is composed of two indivisible penalties Ex. If the penalty prescribed by the Code consists in 3 periods. corresponding to different divisible penalties. The several periods must correspond to different divisible penalties. arresto menor * the divisible penalties are divided into three periods: MINIMUM. 2. 61 may be simplified as follows: 1. or principal in frustrated felony The penalty prescribed for the felony The penalty next lower Arresto Mayor When the penalty has one period . If the penalty prescribed b the Code consists in 2 periods. 3. Prision Mayor in its MEDIUM period to Reclusion temporal in its MINIMUM period. arresto mayor e. reclusion temporal in its MAXIMUM period to death Death Reclusio n Perpetu a Reclusio n Tempor al Prision Mayor Maximum Medium Minimum Reclusion temporal Prision Mayor Prision Correccional Maximum Medium Minimum Maximum Medium Minimum Maximum Medium Minimum FIFTH RULE: When the penalty has two periods Ex. — Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. SIMPLIFIED RULES: The rules prescribed in pars. destierro f. Thus. 100% UP LAW UP BAROPS . Prision Mayor in its MAXIMUM period ♠ The penalty immediately inferior is prision mayor in its MEDIUM period. reclusion perpetua ♠ The penalty immediately following it is reclusion temporal. Reclusion temporal in its MAXIMUM period to Reclusion perpetua ♠ The same rule shall be observed in lowering the penalty by one or two degrees.
155 • The imposition of the additional penalty on habitual delinquents are CONSTITUTIONAL because such law is neither an EX POST FACTO LAW nor an additional punishment for future crimes. • The law does not apply to crimes described in Art. 5. the offender reveals the same degree of depravity or perversity as the one who commits a consummated crime. Cases where attending aggravating or mitigating circumstances are not considered in the imposition of penalties . 4. Moral attributes of the offender 2. shall in no case exceed 30 years. What are the effects of the attendance of mitigating or aggravating circumstances? a. estafa or falsification. When in the commission of the deed there is present only one aggravating circumstance.When the penalty is prescribed by a special law. b. In all cases in which the law prescribes a penalty composed of two indivisible penalties. is within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods. the greater penalty shall be applied. 3) Fifth or additional conviction . Rules for the application of indivisible penalties. Aggravating circumstances which are not considered for the purpose of increasing the penalty: 1. It is simply a punishment on future crimes on account of the criminal propensities of the accused.Felonies through negligence . (b) Upon a fourth conviction. Means to accomplish the crime . hurto. Those arising from: 1. the following rules shall be observed in the application thereof: 1. the lesser penalty shall be applied. Aggravating or mitigating circumstances that serve to aggravate or mitigate the liability of the offender to whom such are attendant. Those which consist: 1. the total of the two penalties to be imposed upon the offender.the culprit is sentenced to the penalty for the crime committed and to the additional penalty of prision correccional in its medium and maximum period. Notwithstanding the provisions of this article. Art.CRIMINAL LAW the liability of the principals. he is found guilty of any of said crimes a third time or oftener. • Habitual delinquency applies at any stage of the execution because subjectively. 2008 Page 48 of 62 100% UP LAW UP BAROPS . In the material execution of the act .When the penalty is a fine .will affect only those offenders who have knowledge of the same at the time of the act of execution or their cooperation therein What are the legal effects of habitual delinquency? 1) Third conviction . — In all cases in which the law prescribes a single indivisible penalty.the penalty is that provided by law for the last crime and the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. 2) Fourth conviction .Penalty that is single and indivisible . shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. 63. For the purpose of this article. Those included by law in defining the crime. robo. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance. 2. His private relations with the offended party 3. Note: • In no case shall the total of the 2 penalties imposed upon the offender exceed 30 years. Aggravating or mitigating circumstances that affect the offenders only who had knowledge of them at the time of the execution of the act or their cooperation therein. The circumstances which consist in the material execution of the act. accomplices and accessories as to whom such circumstances are attendant.will not affect all the offenders but only those to whom such act are attendant 2. Those which in themselves constitute a crime especially punishable by law. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. in conformity herewith. Any other personal cause c. 3. and (c) Upon a fifth or additional conviction. • It applies to all participants because it reveals persistence in them of the inclination to wrongdoing and of the perversity of character that led them to commit the previous crime. Those inherent in the crime but of necessity they accompany the commission thereof. or in the means employed to accomplish it. • The imposition of such additional penalties is mandatory and is not discretionary. it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.the penalty is that provided by law for the last crime and the additional penalty of prision mayor in its minimum and medium periods. Habitual delinquency shall have the following effects: (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods. a person shall be deemed to be habitual delinquent. 2.
reclusion perpetua or death 2. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present. they shall impose the penalty in its maximum period. When there are two or more mitigating circumstances and no aggravating circumstances are present.crimes committed by negligence Art. in view of the number and nature of the conditions of exemption present or lacking.Basis of penalty: number and importance. 11 and 12 are present. Ex. the court shall impose the penalty next lower to that prescribed by law. and arresto mayor in its minimum and medium periods.LESSER penalty c.MEDIUM PERIOD b.LESSER penalty d. 100% UP LAW UP BAROPS 2008 Page 49 of 62 . for the purpose of applying the penalty in accordance with the preceding rules.— When all the conditions required in circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are not present. One aggravating circumstance present . No mitigating circumstances present . GRAVE FELONY . Within the limits of each period.arresto mayor maximum period to prision correccional minimum period c. in its maximum period.to offset each other according to relative weight e. Penalty to be imposed when the crime committed is not wholly excusable .MINIMUM PERIOD c. they shall impose the penalty in its minimum period. Art.One or two degrees lower if the majority of the conditions for justification or exemption in the cases provided in Arts. One aggravating (any number cannot exceed the penalty provided by law in its maximum period) . 12 par 4) are not all present: b. When there are neither aggravating nor mitigating circumstances. 7. No aggravating and No mitigating .CRIMINAL LAW 3. 5. in the period that it may deem applicable. — In cases in which the penalties prescribed by law contain three periods. 6. Penalty to be imposed if the requisites of accident (Art. Mitigating and aggravating circumstances offset each other . Whatever may be the number and nature of the aggravating circumstances. 64 does not apply to: . Rules for penalties: the application of indivisible aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. the courts shall not impose a greater penalty than that prescribed by law. if of a less grave felony.indivisible penalties . Some mitigating circumstances present and no aggravating . When only a mitigating circumstances is present in the commission of the act. 64. each one of which forms a period in accordance with the provisions of Articles 76 and 77. When both mitigating and aggravating circumstances attended the commission of the act. the lesser penalty shall be applied. 2 or more mitigating and no aggravating . the court shall determine the extent of the penalty according to the number and nature of the a. whether it be a single divisible penalty or composed of three different penalties. When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance. 4. 2.arresto mayor minimum period and medium period Art. 69. One mitigating . When an aggravating circumstance is present in the commission of the act. When both mitigating and aggravating circumstances are present.The penalty shall be applied regardless of the presence of mitigating or aggravating circumstances. according to the result of such compensation. The courts shall impose the penalty in the period which may be deemed proper. they shall impose the penalty prescribed by law in its medium period. provided that the majority of such conditions be present. the court shall observe for the application of the penalty the following rules.HIGHER penalty b. the court shall reasonably offset those of one class against the other according to their relative weight. 67. the court shall reasonably allow them to offset one another in consideration of their number and importance. Penalty to be imposed when the crime committed is not wholly excusable. according to whether there are or are not mitigating or aggravating circumstances: 1. Penalty is composed of 2 indivisible penalties: a. 4.MAXIMUM PERIOD d. Rules for the application of penalties which contain three periods.penalties prescribed by special laws . Penalty is single and indivisible . Rules for the PENALTIES application of DIVISIBLE 1.fines . according to th7e number and nature of such circumstances. — A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12. LESS GRAVE FELONY . 3. the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony.one degree lower (has the effect of a privileged mitigating circumstance) NOTE: Art. Mitigating and aggravating circumstances present .
the court should find that the youthful offender has committed the acts charged against him the court shall determine the imposable penalty. Arresto mayor. 58. Penalty to be imposed upon a person under eighteen years of age. Destierro. Additional penalty to be imposed upon certain accessories. the court shall suspend all further proceedings and shall commit such minor to the custody or care of the Department of Social Welfare. 7. the following rules shall be observed: 1. shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony. 2. Reclusion perpetua. — When the culprit has to serve two or more penalties. 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory institution he becomes incorrigible in which case he shall be returned to the court for the imposition of the proper penalty. ♣ Absolute perpetual disqualification if the principal offender is guilty of a grave felony. including any civil liability chargeable against him. However. Suspension of Sentence and Commitment of Youthful Offender. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed. or duly licensed agencies or any other responsible person. On appeal before the CA. G. the following rules shall be observed: In the imposition of the penalties. guilty of homicide. Upon a person under fifteen but over nine years of age. 4. for a shorter period as the court may deem proper. should a pardon have been granted as to the penalty or penalties first imposed. but always in the proper period. but always lower by two degrees at least than that prescribed by law for the crime which he committed. The CA lowered the penalty merely by one period applying Art. or to any training institution operated by the government. or should they have been served out. — Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions. 192. 603. 5. and that of absolute temporary disqualification if he shall be guilty of a less grave felony. who is not exempted from liability by reason of the court having declared that he acted with discernment. Arresto menor. the CA found that the accused acted in the performance of a duty but that the shooting of the victim was not the necessary consequence of the due performance thereof. The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or any duly licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe. — When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code. ♣ Absolute temporary disqualification if the principal offender is guilt of less grave felony. ART. ♣ Art. Death. a policeman. THE THREE-FOLD RULE Art. therefore crediting to him the mitigating circumstance consisting of the incomplete justifying circumstance of fulfillment of duty. ♣ 9 to 15 years only with discernment: at least 2 degrees lower. 68 provides for two of the PRIVILEGED MITIGATING CIRCUMSTANCES ♣ If the act is attended by two or more mitigating and no aggravating circumstance. 6. 100% UP LAW UP BAROPS . Lacanilao (1988) Facts: The CFI found the accused. 68. For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale: 1. 2008 Page 50 of 62 PD No. WHERE THE OFFENDER IS BELOW 18 YEARS Art. ♣ 15 to 18 years old: penalty next lower ♣ Art. instead of pronouncing judgment of conviction. 69 of the RPC. the penalty being divisible. after considering the reports and recommendations of the Department of Social Welfare or the agency or responsible individual under whose care he has been committed. he shall serve them simultaneously if the nature of the penalties will so permit otherwise. until he shall have reached twenty-one years of age or. Prision correccional. Held: CA erred because incomplete fulfillment of duty is a privileged mitigating circumstance which not only cannot be offset by aggravating circumstances but also reduces the penalty by one or two degrees than that prescribed b law. a minor over 15 but under 18 years old may still get a penalty two degrees lower. a discretionary penalty shall be imposed. The governing provision is Art. 2. 64 (2) appreciating incomplete fulfillment of duty as a mere generic mitigating circumstance lowering the penalty to minimum period. If after hearing the evidence in the proper proceedings. Successive service of sentence.CRIMINAL LAW People v. 3. Prision mayor. 70. 8. the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible. SPECIAL RULES COMPLEX CRIMES CRIME DIFFERENT FROM THAT INTENDED IMPOSSIBLE CRIMES PLURAL CRIMES ADDITIONAL PENALTY FOR CERTAIN ACCESSORIES Art. Reclusion temporal.
Prision correccional f. 70 of the RPC. ♣ Court must impose all the penalties for all the crimes of which the accused is found guilty. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period. Such maximum period shall in no case exceed forty years. Public Censure 8. at the same time or at different times. Temporary special disqualification 5. Perpetual absolute disqualification. Perpetual absolute disqualification j.The Rules of Court specifically provide that any information must not charge more than one offense. Public censure Notwithstanding the provisions of the rule next preceding. Nowhere in the article is anything mentioned about the “imposition of penalty”. The minimum of the minimum period should be the minimum of the given penalty (including the 1 day) 4. 65. the right to follow a profession or calling. the courts shall apply the rules contained in the foregoing articles. even if by different courts at different times. except destierro. ♣ The three-fold rule applies only when the convict has to serve at least four sentences. ♣ All the penalties. The respective severity of the penalties is as follows: a. but in the service of the same. Suspension 6. Art. The quotient should be added to the minimum prescribed (eliminate the 1 day) and the total will represent the maximum of the minimum period. Death b. 3. Compute and determine first the 3 periods of the entire penalty. When the culprit has to serve 2 or more penalties. — In cases in which the penalty prescribed by law is not composed of three periods. add 1 day and make it the 2008 Page 51 of 62 • Three-fold Rule The maximum duration of the convict’s sentence shall not be more than three times the length of time corresponding to the most severe of the penalties imposed upon him. he shall serve them simultaneously if the nature of the penalties will so permit. Reclusion temporal d. Otherwise. MEANING OF THE RULE 1. Held: Petitioner is mistaken in his application of the 3-fold rule as set forth in Art. (As amended). Temporary absolute disqualification k. Suspension from public office. Rule in cases in which the penalty is not composed of three periods. 10 Temporal absolute disqualification. Temporary absolute disqualification 4. “duration” of penalty and penalty “to be inflicted”. dividing into three equal portions of time included in the penalty prescribed. ♣ Indemnity is a penalty. 70 speaks of “service” of sentence. Arresto mayor g.Prision mayor e. In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty years. Sandiganbayan (1987) Facts: The petitioner was convicted of violating Section 3(E) of RA No. the various offense punished with different penalties must be charged under different informations which may be filed in the same court or in different courts. Public censure The penalties which can be simultaneously served are: 1. Perpetual absolute disqualification 2. The time included in the penalty prescribed should be divided into 3 equal portions. ♣ Subsidiary imprisonment forms part of the penalty. 100% UP LAW UP BAROPS . the right to vote. 11. . 2. Perpetual special disqualification 3. after subtracting the minimum (eliminate the 1 day) from the maximum of the penalty.CRIMINAL LAW 9. the right to vote and be voted for. can be served simultaneously with imprisonment. Destierro 7. cannot exceed three-fold the most severe. and l. and forming one period of each of the three portions. 2. He impugns this as contrary to the three-fold rule and insists that the duration of the aggregate penalties should not exceed 40 years. WHERE THE PENALTY IS NOT COMPOSED OF 3 PERIODS Art. Civil interdiction 10. they shall not exceed three times the most severe and shall not exceed 40 years. Necessarily. the order of their respective severity shall be followed. Penalties consisting in deprivation of liberty cannot be served simultaneously by reason of the nature of such penalties.Destierro i. the right to follow profession or calling. Fine and Bond to keep the peace 9. This article is to be taken into account not in the imposition of the penalty but in connection with the service of the sentence imposed. Take the maximum of the minimum period. Mejorada v. ♣ The phrase “the most severe of the penalties” includes equal penalties. Outline of the provisions of this Article: 1. 3019 aka the Anti-Graft and Corrupt Practices Act. One of the issues raised by the petitioner concerns the penalty imposed by the Sandiganbayan which totals 56 years and 8 days of imprisonment. and be voted for.Arresto menor h. Confiscation and payment of costs • The above penalties. It merely provides that the prisoner cannot be made to serve more than three times the most severe of these penalties the maximum which is 40 years.Reclusion perpetua c. Suspension from public office. 3. and 12. the maximum duration of the convict's sentence shall not be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him.
4. the maximum period of 6 years. 3. Those sentenced to the penalty of destierro or suspension. the courts shall not impose a greater penalty than that prescribed by law. PROCEDURE FOR DETERMING THE MAXIMUM AND MINIMUM SENTENCE ♣ Is consists of a maximum and a minimum instead of a single fixed penalty. ♣ Apply first the effect of privileged mitigating circumstances then consider the effects of aggravating and ordinary mitigating circumstances. Take the maximum of the medium period. NOTE: A minor who escaped from confinement in the reformatory is entitled to the benefits of the ISL because his confinement is not considered imprisonment. as computed by the trial court. then adding one year for each additional P10k. But the law categorically declares that the maximum penalty then shall not exceed 20 years of reclusion 2008 Page 52 of 62 . 2. the court shall observe for the application of the penalty the following rules. 5. is reclusion temporal or less.It is necessary to consider the criminal first as an individual. 5. then add the quotient to the minimum (eliminate the 1 day) of the maximum period and the total will represent the maximum of the maximum period. the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. When there are two or more mitigating circumstances and no aggravating circumstances are present. particularly to shorten his term of imprisonment. to be determined by the Board of Indeterminate Sentence. When there are neither aggravating nor mitigating circumstances. Those who shall have escaped from confinement or evaded sentence. the court shall reasonably offset those of one class against the other according to their relative weight. De la Cruz v. ♣ ISL does not apply to destierro. whether it be a single divisible penalty or composed of three different penalties. according to whether there are or are not mitigating or aggravating circumstances: 1. 6.CRIMINAL LAW minimum of the medium period. conspiracy or proposal to commit treason. 7. ♣ The indeterminate sentence is composed of: 1. ♣ The maximum is determined in any case punishable under the RPC in accordance with the rules and provisions of said code exactly as if the ISL had never been enacted. a MINIMUM taken from the penalty next lower to that fixed in the code. 6. 10. Persons convicted of offense punished with death penalty or life imprisonment. Those who violated the terms of conditional pardon granted to them by the Chief Executive. ♣ Prisoner must serve the minimum before he is eligible for parole. depending upon his behavior and his physical. 8 months and 21 days to 8 years of prision mayor minimum would be increased by 69 years. 8. each one of which forms a period in accordance with the provisions of Articles 76 and 77. sedition or espionage. they shall impose the penalty in its maximum period. Those convicted of treason. THE INDETERMINATE SENTENCE LAW prisoner may be exempted from serving said indeterminate period in whole or in part. 3. Those who are habitual delinquents. Whatever may be the number and nature of the aggravating circumstances. add 1 day and make it the minimum of the maximum period. in its maximum period. When only a mitigating circumstance is present in the commission of the act. after considering the attending circumstances. upon the approval of the law. ♣ The settled practice is to give the accused the benefit of the law even in crimes punishable with death or life imprisonment provided the resulting penalty.The law is intended to favor the defendant. H. When both mitigating and aggravating circumstances are present. 7. according to the number and nature of such circumstances. 9. — In cases in which the penalties prescribed by law contain three periods. Those convicted of misprision of treason. ♣ The law does not apply to certain offenders: 1. and second as a member of the society. a MAXIMUM taken from the penalty imposable under the penal code 2. they shall impose the penalty in its minimum period. Those convicted of piracy. ♣ Purpose of the law: to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of liberty and economic usefulness . in the period that it may deem applicable. ♣ The minimum depends upon the court’s discretion with the limitation that it must be within the range of the penalty next lower in degree to that prescribed by the Code for the offense committed. When an aggravating circumstance is present in the commission of the act. had been sentenced by final judgment. Within the limits of each period. . Those who. ♣ The period between the minimum and maximum is indeterminate in the sense that the 100% UP LAW UP BAROPS Art. Those whose maximum term of imprisonment does not exceed one year. ISL is expressly granted to those who are sentenced to imprisonment exceeding 1 year. then add the quotient to the minimum (eliminate the 1 day) of the medium period and the total will represent the maximum of the medium period. 64. the court shall impose the penalty next lower to that prescribed by law. rebellion. Rules for the application of penalties which contain three periods. they shall impose the penalty prescribed by law in its medium period. CA (1996) In as much as the amount of P715k is P693k more than the abovementioned benchmark of P22k. 2. mental and moral record as a prisoner. 4.
nor with any other circumstances or incidents than those expressly authorized thereby. ♠ The judgment must be final before it can be executed. Applying the Indeterminate Sentence Law. The penalty next lower should be based on the penalty prescribed by the Code for the offense. which is statutory rape of a minor below seven (7) years. — The penalties of reclusion perpetua. without first considering any modifying circumstance attendant to the commission of the crime.000. This interpretation of the law accords with the rule that penal laws should be construed in favor of the accused. the time of its performance. could be properly imposed" under the Revised Penal Code. destierro is the proper penalty. eight (8) months and (1) day to seventeen (17) years and four (4) months. the maximum of the penalty to be imposed upon the accused shall be taken from the medium period of reclusion temporal. when the court so provides in its decision. prision mayor. In addition to the provisions of the law. the relief which they may receive. he commits evasion of sentence. 247) b. Under the ISL. shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future. the penalty next lower would then be prision correccional minimum to medium. the range of which is from six (6) years and one (1) day to twelve (12) years. Art. instead. — No penalty shall be executed except by virtue of a final judgment. When and how a penalty is to be executed. Reclusion perpetua. The regulations shall make provision for the separation of the sexes in different institutions. 78. When after lowering the penalty by degrees. 334) d. 87. People v. reclusion temporal. When a person fails to give bond for good behavior (art. As a penalty for the concubine in the crime of concubinage (Art.00 should not be considered in the initial determination of the indeterminate penalty. or in the house of the defendant himself under the surveillance of an officer of the law. the range of which is fourteen (14) years. ♠ See Rules and regulations to implement RA No. or at least into different departments and also for the correction and reform of the convicts. which is prision correccional. prision mayor. which is prision mayor. The modifying circumstances are considered only in the imposition of the maximum term of the indeterminate sentence. Destierro. the relations of the convicts among themselves and other persons. prision correccional and arresto mayor. and their diet. the judgment becomes final and executory. But if the defendant has expressly waived in writing his right to appeal. Saley (supra) Under the Indeterminate Sentence Law. the range of which is twelve (12) years and one (1) day to twenty (20) years. the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed. Since the penalty prescribed by law for the estafa charge against accused-appellant is prision correccional maximum to prision mayor minimum. — The penalty of arresto menor shall be served in the municipal jail. prision correccional and arresto mayor. the minimum term of the indeterminate penalt should be within the range of the penalty next lower in degree to that prescribed b the Code for the offense committed. Service of the penalty of arresto menor: a. the matter should be so taken as analogous to modifying circumstances in the imposition of the maximum term of the full indeterminate sentence. ♠ If the convict enters the prohibited area. When the death or serious physical injuries is caused or are inflicted under exceptional circumstances (art. and the minimum shall be "within the range of the penalty next lower to that prescribed" for the offense. and in the absence of any mitigating or aggravating circumstance. reclusion temporal. The determination of the minimum penalty is left by law to the sound discretion of the court and it can be anywhere within the range of the penalty next lower without any reference to the periods into which it might be subdivided. nor within the radius therein specified. because the accused may still appeal within 15 days from its promulgation. People v. EXECUTION AND SERVICE OF PENALTIES Execution of Penalties Art. The fact that the amounts involved in the instant case exceed P22. ♠ Destierro is imposed: a. ♠ Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified. and other incidents connected therewith. In the municipal jail 2008 Page 53 of 62 100% UP LAW UP BAROPS . which shall be not more than 250 and not less than 25 kilometers from the place designated. Art. Art. A penalty shall not be executed in any other form than that prescribed by law. 8177 under Capital Punishment. in view of the attending circumstances. I. Campuhan (supra) The penalty for attempted rape is two (2) degrees lower than the imposable penalty of death for the offense charged.CRIMINAL LAW temporal. the maximum term of the penalty shall be "that which. taking into consideration the health of the offender and other reasons which may seem satisfactory to it. while the minimum shall be taken from the penalty next lower in degree. Two (2) degrees lower is reclusion temporal. 86. 88. 284) c. Arresto menor. Thus. the minimum term of the indeterminate sentence should be anywhere within six (6) months and one (1) day to four (4) years and two (2) months . in any of its periods. which shall not more than 250 and not less than 25 km from the place designated. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence.
19. On Mar. the court may. (2) convicted of subversion or any offense against the security of the State. and who are not otherwise disqualified by law. the probationer will have to serve the sentence originally imposed. a copy of the Probation Order. The rule of successive service of sentence must be applied. Disqualified Offenders Probation under PD No. Transfer of Residence Whenever a probationer is permitted to reside in a place under the jurisdiction of another court. and in such case. Consequent to the revocation. The nature of the sentence does not allow petitioner to serve all the terms simultaneously. once arrested and detained. It is a privilege granted by the court. after conviction and sentence. The defendant may be admitted to bail pending such hearing. (3) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not more than Two Hundred Pesos. Thereafter. Modification of Conditions of Probation During the period of probation. Thus. • Special or discretionary conditions are those additional conditions imposed on the probationer which are geared towards his correction and rehabilitation outside of prison and right in the community to which he belongs. and (b) report to the probation officer at least once a month at such time and place as specified by said officer. but under the surveillance of an officer of the law. or the Public Order. It is a condition in point of time which may be shortened and lengthened within the statutory limits and the achievements by the probationer of the reasonable degrees of social stability and responsibility from the measured observation of the supervising officer and the 100% UP LAW UP BAROPS 2008 Page 54 of 62 . In such case. To be able to enjoy the benefits of probation. is intended for offenders who are 18 years of age and above. Termination of Probation After the period of probation and upon consideration of the report and recommendation of the probation officer. shall immediately be brought before the court for a hearing of the violation charged. the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. In the case at bar. Revocation of Probation At any time during probation. RPC. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. control over him shall be transferred to the executive judge of the "Court of First Instance" of that place. A violation of any of the conditions may lead either to a more restrictive modification of the same or the revocation of the grant of probation. In the Matter of the petition for Habeas Corpus of Pete Lagran (2001) Facts: The accused was convicted of 3 counts of violating BP22 and was sentenced to imprisonment of 1 year for each count. the investigation report and other pertinent records shall be furnished to said executive judge. it cannot be availed of as a matter of right by a person convicted of a crime. The probationer. is released subject to conditions imposed by the court and to the supervision of a probation officer. upon application of either the probationers or the probation officer. Period of Probation The period of probation is in essence a timebound condition. Citing Art. exercise discretion by the court in decisive order. He was detained on Feb. 24. there is no more legal basis for his detention. the executive judge to whom jurisdiction over the probationer is transferred shall have the power with respect to him that was previously possessed by the court which granted the probation. Offenders who are disqualified are those: (1) sentenced to serve a maximum term of imprisonment of more than six years.CRIMINAL LAW b. Probation Conditions The grant of probation is accompanied by conditions imposed by the court: • The mandatory conditions require that the probationer shall (a) present himself to the probation officer designated to undertake his supervision at each place as may be specified in the order within 72 hours from receipt of said order. as amended. revise or modify the conditions or period of probation. it must first be shown that an applicant has none of the disqualifications imposed by law. the petitioner was sentenced to suffer one year imprisonment for every count of the offense committed. 1999. The court shall notify either the probationer or the probation officer of the filing of such an application so as to give both parties an opportunity to be heard thereon. the provisions regarding release on bail of persons charged with crime shall be applicable to probationers arrested under this provision. 2001. (4) who have been once on probation under the provisions of this Decree. the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated. In the house of the offender. Post-Sentence Investigation The Post-Sentence Investigation (PSI) and the submission of the Post-Sentence Investigation Report (PSIR) are pre-requisites to the court disposition on the application for probation. he filed a petition for habeas corpus claiming he completed the service of his sentence. 70. Held: Art. defines probation as a disposition under which an accused. as amended. whenever the court so provides in the decision due to the health of the offender. he claimed that he shall serve the penalties simultaneously. 70 allows simultaneous service of two or more penalties only if the nature of the penalties so permit. Effects of the Probation Law THE PROBATION LAW Taken from the DOJ website Section 3(a) of Presidential Decrees 968. 968.
Probation is revocable before the final discharge by the court. the revocation of his probation is compelling. Petitioner’s right to apply for probation was lost when he perfected his appeal from the judgment of the trial court. depends on available resources in the community for the rehabilitation of offenders. ADMINISTRATION (PPA). Office of the Court Administrator v. 2008 Page 55 of 62 . 1985 and cannot be given retroactive effect because it would be prejudicial to the accused. the PAROLE AND PROBATION Further. or prisoners released on parole or conditional pardon and referred by the Board of Pardons and Parole (BPP) to PAROLE AND PROBATION ADMINISTRATION . CA (1990) There is no question that the decision convicting Salgado of the crime of serious physical injuries had become final and executory because the filing by respondent of an application for probation is deemed a waiver of his right to appeal. The role of the probation officer in this phase is to conduct the post-sentence investigation and to submit his report to the court within the period not later than 60 days from receipt of the order of the Court to conduct the said investigation. Presidential Decree No. has been tapping government/non-government organizations/individuals for various rehabilitation programs and activities for probationers. a final order of discharge from the court is required. a convicted offender or his counsel files a petition for probation with the trail court. Bala was placed on probation on Aug. Section 4 of the Probation Law establishes a much narrower period during which an application for probation ma be filed with the trial curt: “after the trial curt shall have convicted and sentenced a defendant and – within the period for perfecting an appeal”. Thus. The objectives of supervision are to carry out the conditions set forth in the probation/parole order. etc. He is appointed by the Administrator after successful completion of the 100% UP LAW UP BAROPS Introductory Training Course for probation volunteers. spiritual/moral upliftment. parolees and pardonees particularly in the areas where the caseload is heavy and the office is understaff or where the residence of the clientele is very far from the Parole and Probation Office. Courts are allowed to impose practically any term it chooses. Assistance is provided to the clientele in the form of job placement. After conviction and sentence. The Agency Supervision of Offenders. Salgado v. Expiration of probation period alone does not automatically terminate probation. did not increase or decrease the civil liability adjudged.(PPA) (PPA). The OCA filed an administrative case against him and he was suspended from office. The PAROLE AND PROBATION ADMINISTRATION . as a community-based treatment program. The treatment Rehabilitation Programs. or persons placed under probation by the courts. recognizing the important role of the community as a rehabilitation agent. Thus. Regional and Field Offices nationwide. Probation officers submit their pre-parole assessment reports to the Board of Pardons and Parole. CA (1989) In its present form.(PPA) conducts pre-parole investigation of all sentenced prisoners confined in prisons and jails within their jurisdiction. a Volunteer Probation Aide is a volunteer who is a citizen of good moral character and good standing in the community. who has been carefully selected and trained to do volunteer probation work. He violated the conditions of his probation. skills training. Llamado v. process employed by the field officers focused on particular needs of probationers. The provision expressly prohibits the grant of an application for probation if the defendant has perfected an appeal from the judgment of conviction. the only limitation being that it does not jeopardize the constitutional rights of the accused. supervises two types of offenders under conditional release: (1) probationers. It went into effect on Jan. parolees and pardonees. to ascertain whether the probationer/parolee/pardonee is complying with the said conditions. The grant of probation does not extinguish the civil liability of the offender. Martinez (1990) PD 1990 which amends Sec. Community Linkages Probation/Parole. the Agency. Pre-Parole Investigation. 4 of PD 968 is not applicable to the case at bar. The trial court lost jurisdiction already over the case. who in turn orders the Probation Officer to conduct a post-sentence investigation to determine whether a convicted offender may be placed on probation or not. 15.CRIMINAL LAW Programs and Services Post-Sentence Investigation. As defined. Librado (1996) Facts: The respondent is a deputy sheriff who was charged of violating the Dangerous Drugs Act and is now claiming he is in probation. Bala v. and to bring about the rehabilitation of the client and his re-integration into the community. 968 permits the utilization of the services of Volunteer Probation Aides to assist the Probation and Parole Officers in the supervision of probationers. 1982. (2) parolees and pardonees. The order of probation with one of the conditions providing for the manner of payment of the civil liability during the period of probation. involves the community in probation work through the use of volunteer workers and welfare agencies. The purpose is to determine whether offenders confined in prisons/jails are qualified for parole or any form of executive clemency and to discuss with them their plans after release. counseling. The conditions listed under Sec. His term of office is one year but can be renewed thereafter or terminated earlier depending upon his performance and willingness to serve. Probationer failed to reunite with responsible society. through its Community Services Division. 10 of the Probation law are not exclusive. parolees and pardonees. 11.
one of which is prescription (of both the crime and the penalty) which will be discussed in detail. Total Extinguishment A. unless the penalty shall have prescribed in accordance with the provisions of this Code. his sentence shall be executed. BY THE DEATH OF THE CONVICT Extinguishes criminal liability as to personal penalties. 344) (Art. at the time of final judgment or while serving sentence – execution suspended with regard to the personal penalty only ♠ see Exempting Circumstance of Minority for PD No. The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence. ♠ Only execution of personal penalty is suspended: civil liability may be executed even in case of insanity of convict. 33 (based on contracts). at the time of the trial . Suspension of the execution and service of the penalties in case of insanity. Even if the accused dies pending appeal. The reform and rehabilitation of the probationer cannot justify his retention in the government service. This is only true in administrative cases but not in criminal cases. If at any time the convict shall recover his reason. the right to file a separate civil action is not lost.court shall suspend hearings and order his confinement in a hospital until he recovers his reason c. ♠ An accused may become insane: a. Kinds of Partial Extinguishment: By Conditional Pardon By Commutation of sentence For good conduct. abduction. 100% UP LAW UP BAROPS 2008 Page 56 of 62 . seduction and acts of lasciviousness. VII. Suspension in case of Insanity or Minority Art. — When a convict shall become insane or an imbecile after final sentence has been pronounced. the execution of said sentence shall be suspended only with regard to the personal penalty. it must not be forgotten that unlike pardon probation does not obliterate the crime of which the person under probation has been convicted. liability is extinguished only when the death of the offender occurs before final judgment. EXCEPTION: Art. allowances which the culprit may earn while he is serving sentence By Parole By Probation Important: The Supreme Court ruled that reelection to public office is not one of the grounds by which criminal liability is extinguished. at the time of commission of the crime – exempt from criminal liability b. the provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases. The image of the judiciary is tarnished by conduct involving moral turpitude. 603 and Rule on Juveniles in Conflict with Law. Two kinds of extinguishment of criminal liability: Total Extinguishment Partial Extinguishment Kinds of Total Extinguishment: By the death of the convict By Service of sentence By Amnesty By Absolute Pardon By prescription of crime By prescription of penalty By the marriage of the offended woman and the offender in the crimes of rape. EXTINGUISHMENT OF CRIMINAL LIABILITY This section enumerates and explains the ways in which criminal liability is extinguished.CRIMINAL LAW Held: While indeed the purpose of the Probation Law is to save valuable human material. As to pecuniary penalties. 79.
Exception: The crime was concealed. as may be warranted by law and procedural rules. after the loss of a certain time. Is he a recidivist? Answer: No. though. People v. BY SERVICE OF SENTENCE C. BY PRESCRIPTION OF THE CRIME (Art. he was still given absolute pardon. that his civil liability may be based on sources of obligation other than delict. proceeding from the power entrusted with the execution of the laws Exempts the individual from the penalty of the crime he has committed. 2. the victims may file a separate civil action against his estate. Years later. Rarely exercised in favor of a single individual. despite of this. Is he a recidivist? Answer: No. he was again convicted of rebellion. So while a case is on appeal. Bayotas (1991) Where the offender dies before final judgment. Although pardon restores his eligibility for appointment to that office. offense. Erases not only the conviction but also the crime itself. BY ABSOLUTE PARDON An act of grace. When the convict has 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. Question: A person convicted of rebellion has already served the sentence. guilty of political offenses May still be exercised even before trial or investigation Looks backward – it is as if he has committed no 100% UP LAW Absolute pardon Includes any crime and is exercised individually The person is already convicted Looks forward – he is relieved from the consequences of the UP BAROPS 2008 Page 57 of 62 Question: An offender was convicted of rebellion. but rights not restored unless explicitly provided by the terms of the pardon Both do not extinguish civil liability Public act which the Private act of the court shall take President and must be judicial notice of pleaded and proved by the person pardoned Valid only when Valid if given either there is final before or after final judgment judgment offense. because he died during the pendency of the appeal and before the finality of the judgment against him. General Rule: Prescription of the crime begins on the day the crime was committed. the pardoned convict must reapply for the new appointment. Difference between Amnesty and Absolute Pardon Amnesty Blanket pardon to classes of persons. Moreover. Abungan (2000) The death of appellant extinguished his criminal liability. Because the amnesty granted to him erased not only the conviction but also the effects of the conviction itself. . Pardon. his death extinguishes both his criminal and civil liabilities. the offender dies. Years later. but he was given amnesty. 90) Definition: The forfeiture or loss of the right of the State to prosecute the offender.CRIMINAL LAW Illustration: 1. the prescription thereof would only commence from the time the offended party or the government learns of the commission of the crime. B. Monsanto V. E. in which case. yet. Question: What if the pardon was given to him while he was serving his sentence? Answer: The pardon will not wipe out the effects of the crime. (1989) Absolute pardon does not ipso facto entitle the convict to reinstatement to the public office forfeited by reason of his conviction. Jr. the case on appeal will be dismissed. although absolute does not erase the effects of conviction. Pardon only excuses the convict from serving the sentence. usually extended in behalf of certain classes of persons who are subject trial but have not yet been convicted. The offended party may file a separate civil action under the Civil Code if any other basis for recovery of civil liability exists as provided under Art 1157 Civil Code. not public. his civil liability arising from the crime or delict (civil liability ex delicto) was also extinguished. Factoran. unless the language of the pardon specifically relieves him of the effects of the crime. For this reason. D. Question: Suppose what was given him was not amnesty but pardon? Answer: Yes. BY AMNESTY An act of the sovereign power granting oblivion or general pardon for a past offense. It must be added. People v. he was convicted again of rebellion.
Libel Oral defamation and slander by deed Simple slander Grave slander Light offenses Crimes punishable by fines Fine is afflictive Fine is correctional Fine is light Note: Subsidiary penalty for nonpayment not considered in determining the period 3. Prescriptive Periods of Crimes F. Question: What happens when the last day of the prescriptive period falls on a Sunday or legal holiday? Answer: The information can no longer be filed on the next day as the crime has already prescribed. 20 2008 Page 58 of 62 .CRIMINAL LAW Difference between Prescription of Crime and Prescription of the Penalty Prescription of crime Forfeiture of the State to prosecute after a lapse of a certain time Prescription of the penalty Forfeiture to execute the final sentence after the lapse of a certain time Note: Termination must be FINAL as to amount to a jeopardy that would bar a subsequent prosecution. Interrupted by the filing of complaint or information It shall commence to run again when such proceedings terminate without the accused being convicted or acquitted. or unjustifiably stopped for any reason not imputable to the accused. or been captured. prescription of the crime is based on the fine. The term of prescription shall not run when the offender is absent from the Philippine archipelago. Clearly. 4. 93) Elements: 1. Torrecampo (2002). 2. 91) Commences to run from the day on which the crime is discovered by the offended party. "Escape" in legal parlance and for purposes of Articles 93 and 157 of the RPC means unlawful departure of prisoner from the limits of his custody. or gone to a foreign country with which we have no extradition treaty. the authorities or their agents. For continuing crimes. Note: When fine is an alternative penalty higher than the other penalty which is by imprisonment. 100% UP LAW UP BAROPS Period commences to run from the date when he culprit evaded20 the service of sentence When interrupted: Convict gives himself up Is captured Goes to a foreign country with which we have no extradition treaty Commits any crime before the expiration of the period of prescription Question: What happens in cases where our government has extradition treaty with another country but the crime is not included in the treaty? Answer: It would interrupt the running of the prescriptive period. or committed another crime The penalty has prescribed because of the lapse of time from the date of the evasion of service of the sentence by the convict. BY PRESCRIPTION OF PENALTIES (Art. Prescriptive Periods of Penalties Crimes punishable by death. 92) Definition: The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time. Computation of Prescription of Offenses (Art. one who has not been committed to prison cannot be said to have escaped therefrom (Del Castillo v. reclusion perpetua or reclusion temporal Afflictive penalties Correctional penalties Note: Those punishable by arresto mayor 20 years Death and reclusion perpetua Other afflictive penalties Correctional penalties Note: If arresto mayor Light penalties 20 years 15 years 10 years 5 years 1 year 15 years 10 years 5 years The highest penalty shall be made a basis 1 year 6 months 2 months 6 months 2 months 15 years 10 years 2 months Note: When the penalty fixed law is a compound one Computation of the Prescription of Penalties (Art. Penalty is imposed by final judgment Convict evaded service of sentence by escaping during the term of his sentence The convict who has escaped from prison has not given himself up. prescriptive period cannot begin to run because the crime does not end.
159 of the RPC. Also. D. BY MARRIAGE OF THE FFENDED WOMAN WITH THE OFFENDER This applies only to the following crimes: Rape Seduction Abduction Acts of lasciviousness The marriage under Art. BY COMMUTATION OF SENTENCE C. Question: What happens if the culprit is captured but he evades again the service of his sentence? Answer: The period of prescription that ran during the evasion is not forfeited. the convict may not be prosecuted under Art. Example: Article 158. Question: What happens if the convict fails to observe the condition of the parole? Answer: The Board of Pardons and Parole is authorized to: 1. To carry out his sentence without deduction of the time that has elapsed between the date of the parole and the subsequent arrest. 159 of the RPC. BY PROBATION Note: Please see Probation Law on page 117. if released because of conditional pardon. 344 must be contracted in good faith Partial Extinguishment A. BY PAROLE Definition: The suspension of the sentence of the convict after serving the minimum term of the intermediate penalty. The period of prescription that has run in his favor should be taken into account. it is a contract between the executive and the convict that the former will release the latter upon compliance with the condition. A convict who escapes the place of confinement on the occasion of disorder resulting from a conflagration. Note: Not an automatic right for it has to be granted by the Director of Prisons (Art. B. Difference between Conditional Pardon and Parole Conditional Pardon May be give at any time after final judgment. Thus. In case of violation. Direct his arrest and return to custody 2. G. BY CONDTIONAL PARDON If delivered and accepted. Example of a condition: “Not to violate any of the penal laws of the country again”. A. B. he must be serving his sentence.CRIMINAL LAW Question: What is the effect of the acceptance of the convict of a conditional pardon? Answer: It would interrupt the acceptance of the prescriptive period. prescribing the terms upon which the sentence shall be suspended. without being granted a pardon. the convict may be prosecuted under Art. is granted by he Chief Executive under the provisions of the Administrative Code Parole May be given after the prisoner has served the minimum penalty. earthquake or similar catastrophe. FOR GOOD CONDUCT ALLOWANCES The convict may earn these while he is serving his sentence. 99). 100% UP LAW UP BAROPS 2008 Page 59 of 62 . is granted by the Board of Pardons and Parole under the provisions of the Indeterminate Sentence Law In case of violation. or during a mutiny in which he has not participated. this provision is not applicable. but who returns within 48 hours after the proclamation that the calamity had passed shall be given credit of 1/5 deduction of the original sentence. E.
11 4) CIVIL LIABILITY OF INNKEEPERS AND SIMILAR PERSONS ELEMENTS OF At 102 PAR. The guest followed the directions of the innkeeper or his representative with 2008 Page 60 of 62 CIVIL LIABILITY OF PERSONS EXEMPT FROM CRIMINAL LIABILITY 100% UP LAW UP BAROPS . 2) CIVIL LIABILITY FOR ACTS COMMITTED BY PERSONS ACTING UNDER IRRESISTIBLE FORCE OR UNCONTROLLABE FEAR The persons using violence or causing the fear are primarily liable. That the person criminally liable is insolvent. IN GENERAL B. Civil liability arises from the commission of the felony. if the offender is acquitted. 2. or the offended party institutes the civil action prior to the criminal action. 1. c. b. 100. The final release of a child based on good conduct does not obliterate his civil liability for damages.There is no civil liability in par. 1: 1. 12 which provides for injury caused by mere accident. ◦ Parents are subsidiarily liable according to Art 2180 of the Civil Code. 4 of Art. 3. CIVIL LIABILITY ARISING FROM A FELONY A. those doing the act shall be liable secondarily. 2. • A. IN GENERAL Art. That a crime is committed in such inn.There is no civil liability in paragraph 4 of Art. That the INNKEEPER. EXTINCTION OF CIVIL LIABILITY • Exemption from criminal liability does not include exemption from civil liability. TAVERNKEEPER OR PROPRIETOR of establishment or his employee committed a violation of municipal ordinance or some general or special police regulation. ELEMENTS OF PAR 2. Exceptions: 1. 1) CIVIL LIABILITY FOR ACTS COMMITTED BY AN INSANE OR IMBECILE OR MINOR UNDER 9 OR OVER 9 AND LESS THAN 15 WHO ACTED WITH DISCERNMENT A minor • over 15 years of age • who acts with discernment ◦ is not exempt from criminal liability. CIVIL LIABILITY IN CERTAIN CASES C. The guests notified in advance the innkeeper or the person representing him of the deposit of their goods within the inn or house. the civil liability is extinguished. It is determined in the criminal action except if: a. the offended party waives his right to file a civil action the offended party reserves his right to institute it separately. 7 of Art. B. Civil liability of a person guilty of felony. except: a) if the acquittal is based on reasonable doubt b) the acquittal was due to an exempting circumstance like insanity and c) when the court finds that there is only civil liability. 12 which provides for failure to perform an act required by law when prevented by some lawful or insuperable cause. 3) CIVIL LIABILITY OF PERSONS ACTING UNDER JUSTIFYING CIRCUMSTANCES There is no civil liability in justifying circumstances except in par. — Every person criminally liable for a felony is also civilly liable. CIVIL LIABILITY IN CERTAIN CASES 1) CIVIL LIABILITY FOR ACTS COMMITTED BY AN INSANE OR IMBECILE OR MINOR UNDER 9 OR OVER 9 AND LESS THAN 15 WHO ACTED WITH DISCERNMENT 2) CIVIL LIABILITY FOR ACTS COMMITTED BY PERSONS ACTING UNDER IRRESISTIBLE FORCE OR UNCONTROLLABE FEAR 3) CIVIL LIABILITY OF PERSONS ACTING UNDER JUSTIFYING CIRCUMSTANCES 4) CIVIL LIABILITY OF INNKEEPERS AND SIMILAR PERSONS 5) SUBSIDIARY LIABILITY OF OTHER PERSONS 2. Effect of ACQUITTAL: • As a rule. tavern or establishment. If there be no such persons. WHAT CIVIL LIABILITY INCLUDES D.CRIMINAL LAW VIII.
Reparation of the damage caused 3. • the same shall be restored to the offended party • even if third party may be a holder for value and a buyer in good faith of the property Except when such third party buys the property from a public sale where the law protects the buyer. 5) SUBSIDIARY LIABILITY OF OTHER PERSONS Art 103 ELEMENTS: 1. In case of a felony committed under an impulse of an equal or greater injury. • if the property is illegally taken from the offended party during the commission of the crime. • it is enough that they were within the inn. In case of a felony committed under the compulsion of an irresistible force. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house. RESTITUTION OR RESTORATION Presupposes that • the offended party was divested property. Indemnification damages of consequential IF OFFENDER DIES provided he died after judgment became final: • The heirs of offender • shall assume the civil liability. pupils. Regardless of the crime committed. The person who employed the irresistible force is subsidiarily liable. the buyer of the property at such execution sale is protected by law. The offended party may only resort to reparation of the damage done from the offender. The offender was prosecuted for rape and theft. ILLUSTRATION: If a third party bought a property in a public auction conducted by the sheriff. The employer. teacher. • and such property must be returned. It is not necessary that the effects of the guest be actually delivered to the innkeeper. Supreme Court ruled that even though the guest did not obey the rules and regulations. the offender took the earrings of the victim. • the court may direct the offender to restore or restitute such property to the offended party. No defense of diligence of a good father of a family. The latter crime is not a crime against property but a crime against personal security and liberty under Title IX of Book II of the RPC. The offender reasoned that he took the earrings of the victim to have a souvenir of the sexual intercourse. Supreme Court ruled that the crime committed is not theft and rape but rape and unjust vexation for the taking of the earning. the guests will only be regarded as contributory negligence. workmen. 2. If there is violation of Anti-Fencing Law the fence • incurs criminal liability • aside from being required to restitute the personal property If RESTITUTION cannot REPARATION should be made be made then C. No liability shall attach in case of robbery with violence against or intimidation of persons. The said employee is insolvent and has not satisfied his civil liability. • unless committed by the innkeeper’s employees. but it won’t absolve the management from civil liability (Esguerra notes) Subsidiary civil liability is imposed in the following: 1. apprentices or employees commits a felony while in the discharge of his duties. • but only to the extent that they inherit property from the deceased IF OFFENDED PARTY DIES: • the heirs of the offended party step into the shoes of the latter to demand civil liability from the offender. The person who generated such an impulse is subsidiarily liable. REPARATION OF THE DAMAGE CAUSED 100% UP LAW UP BAROPS 2008 Page 61 of 62 . of If the property is in the hands of a third party. 3.CRIMINAL LAW respect to the care of the vigilance over such goods. ILLUSTRATION: Where the offender committed rape. 1. 2. Restitution or Restoration 2. person or corporation is engaged in any kind of industry. during the rape. WHAT CIVIL LIABILITY INCLUDES Civil liability of the offender falls under three categories: 1. 3. 2. Any of their servants.
INDEMNITY: P50. If there are more than one principal or more than one accomplice or accessory. Moral damages for mental anguish… 5.00 for the damage to her honor. EXTINCTION OF CIVIL LIABILITY Extinguished in the same manner as other obligations in accordance with the provisions of the Civil Code. commutation of sentence or any other reason. restitution is not included here. INDEMNIFICATION OF CONSEQUENTIAL DAMAGES Indemnification of consequential damages refers to the loss of earnings. There is no subsidiary penalty for nonpayment of civil liability. accomplice or accessory. D. 3. When there are several offenders. 1) Espaňa v. • Each kind of damages must be specified and the amount duly proven.000 2. the obligation shall devolve upon the accomplice(s) or accessory(s). or 3) those suffered by 3rd person by reason of the crime ILLUSTRATION: The offender carnapped a bridal car while the newly-weds were inside the church. Tupal. consequential damage not only to the newly-weds but also to the entity which rented the car to them. Exemplary damages were awarded when the offense was committed with at least 1 aggravating circumstance. he is obliged to make reparation. pardon. • the court shall determine what shall be the share of each offender • depending upon the degree of participation – as principal. the damages awarded to the offended woman is generally P30. then there will be an allowance for depreciation The damages are limited to those caused by the crime. Where DEATH results: 1. • value to the If property is brand new. Unless extinguished. Lost of Earning Capacity 3. In the crime of rape. Since the car was only rented. • Anyone of them may be required to pay the civil liability pertaining to such offender without prejudice to recovery from those whose share have been paid by another. 100% UP LAW UP BAROPS 2008 Page 62 of 62 . Loss of the thing due • does not extinguish civil liability • because if the offender cannot make restitution. due to amnesty. • when there is an order or preference of pecuniary (monetary) liability. If all the principals are insolvent. therefore. Exemplary damages if attended by 1 or more aggravating circumstances Indemnification for consequential damages includes: 1) those caused the injured party 2) those suffered by the family. 2003. To relate with Article 38. civil liability subsists • even if the offender has served sentence consisting of deprivation of liberty or other rights or has served the same. loss of profits. The present procedural law • does not allow a blanket recovery of damages. 2) People vs. But whoever pays shall have the right of covering the share of the obligation from those who did not pay but are civilly liable.CRIMINAL LAW Reparation is made by requiring the offender to pay the value of damages. • the liability in each class of offender shall be subsidiary. The court determines the amount of damages by considering: a) the price of the thing and b) Its special sentimental offended party by. Support to a non-heir 4.000. People (2005) The award for civil indemnity ex delicto is mandatory and is granted to the heirs of the victim without need of proof other than the commission of the crime.
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