Criminal Law Reviewer (Art.

1-113)
Criminal Law is that branch of public
substantive law which defines offenses and
prescribes their penalties. It is also that branch
of municipal law, which defines crimes, treats
of their nature and provides for their
punishment.
3 Characteristics of Criminal Law:
1) Generalit ! means that the criminal
law of the countr "overns all persons
within the countr re"ardless of their
race, belief, se#, or creed. $owever, it
is sub%ect to certain e#ceptions brou"ht
about b international a"reement.
&mbassadors, chiefs of states and other
diplomatic officials are immune from
the application of penal laws when
the are in the countr where the are
assi"ned. '$indi (asama dito an"
diplomats, etc.)
)) *erritorialit ! means that the penal
laws of the countr have force and
effect onl within its territor. It
cannot penali+e crimes committed
outside the same. *his is sub%ect to
certain e#ceptions brou"ht about b
international a"reements and practice.
*he territor of the countr is not
limited to the land where its
soverei"nt resides but includes also its
maritime and interior waters as well as
its atmosphere. '(asama lahat dito,)
- *errestrial: %urisdiction
e#ercised over the land
- -luvial: %urisdiction over
maritime and interior waters
'3!. nautical miles from the
shore, sa(op pa rin natin)
- &erial: %urisdiction over the
atmosphere 'airspace natin)
3) /rospectivit ! &cts or omissions will
onl be sub%ect to a penal law if the
are committed after a penal law had
alread ta(en effect. 0ice!versa, this
act or omission which has been
committed before the effectivit of a
penal law could not be penali+ed b
such penal law because penal laws
operate onl prospectivel.
French Rule
*he -rench 1ule provides that the nationalit of
the vessel follows the fla" which the vessel
flies, unless the crime committed endan"ers the
national securit of a forei"n countr where the
vessel is within %urisdiction in which case such
forei"n countr will never lose %urisdiction over
such vessel.
American Rule / Anglo-Saxon Rule
*his rule strictl enforces the territorialit of
criminal law. *he law of the forei"n countr
where a forei"n vessel is within its %urisdiction is
strictl applied, e#cept if the crime affects onl
the internal mana"ement of the vessel in which
case it is sub%ect to the penal law of the countr
where it is re"istered.
Nullum crimen, nulla poena sine lege
*here is no crime when there is no law punishin"
the same.
- *his is true to civil law
countries, but not to common
law countries.
- 2o matter how wron"ful, evil
or bad the act is, if there is no
law definin" the act, the same
is not considered a crime.
- Common law crimes are
wron"ful acts which the
communit3societ condemns
as contemptible, even thou"h
there is no law declarin" the
act criminal.
- 2ot an law punishin" an act
or omission ma be valid as a
criminal law. If the law
punishin" an act is ambi"uous,
it is null and void.
Actus non facit reum, nisi mens sit rea
*he act cannot be criminal where the mind is
not criminal.
- *his is true to a felon
characteri+ed b dolo, but not
a felon resultin" from culpa.
- *his ma#im is not an absolute
one because it is not applied
to culpable felonies, or those
that result from ne"li"ence.
Mens Rea in laman4s terms: 5bulls!ee6 of
a crime. 7nonmous with criminal or deliberate
intent, but that is not correct. It still depends
on the elements of the crime. 8ou can onl
detect the mens rea of a crime b (nowin" the
particular crime committed. 9ithout reference
to a particular crime, this term is meanin"less.
:#. In theft, mens rea is ta(in" the propert
with intent to "ain. In falsification, mens rea, is
the effect of the for"er with intent to pervert
the truth.
Mala in e!
- 9hich literall means, that
the act is inherentl evil or
bad or per se wron"ful.
- *hese are punishable b our
1/C.
- *he intent is crucial.
Mala "rohi#ita(um)!
- *hese are violations of special
laws.
- :#ample is possession of dru"s
'punishable b 7pecial Laws),
ito un" (ahit hindi mo
"a"amitin or ibebenta, the
mere fact na nasa pa"mama!
ari mo ito, bawal pa rin,
Felon$! these are acts or omissions as defined
b &rticle 3 of the 1/C. *he ma be
differentiated b dolo 'deceit) which is
intentional, and culpa 'fault) which is
imprudence, ne"li"ence, lac( of s(ill or
foresi"ht.
%&&ene! are crimes punished under a special
law is called as statutor offense.
Mi'emeanor! a minor infraction of the law,
such as a violation of an ordinance, is referred
to as a misdemeanor.
Crime! whether the wron"doin" is punished
under the 1evised /enal Code or under a special
law, the "eneric word crime can be used.
Mita(e o& Fact!
9hen the offender acted out of a mista(e of
fact, criminal intent is ne"ated, so do not
presume that the act was done with criminal
intent. *his is absolutor if crime involved dolo.
)olo ha three re*uiite!
1) Criminal Intent
)) -reedom of action
3) Intelli"ence
Cul"a ha three re*uiite a well!
1) criminal ne"li"ence on the part of the
offender , that is, the crime was the
result of ne"li"ence, rec(less
imprudence, lac( of foresi"ht or lac( of
s(ill;
)) freedom of action on the part of the
offender, that is, he was not actin"
under duress; and
3) Intelli"ence on the part of the offender
in performin" the ne"li"ent act.
)itinction #etween )olo an' Cul"a:
)olo, has criminal intent, and cul"a has
criminal negligence.
Criminal Intent has ) cate"ories:
1) +eneral Criminal ,ntent: presumed
from the mere doin" of a wron" act.
*his does not re<uire proof.
2) S"ecial Criminal ,ntent: not presumed
because it is an in"redient or element
of a crime, li(e intent to (ill in the
crimes of attempted or frustrated
homicide 3parricide 3murder. *he
prosecution has the burden of provin"
the same.
=a a crime be committed without criminal
intent>
8es. It is not necessar between these areas:
1) 9hen the crime was committed was a
product of culpa or ne"li"ence, rec(less
imprudence, lac( of foresi"ht or s(ill;
)) 9hen the crime is a prohibited act
under a special law or what is called
mala prohibita'um)
)itinction #etween intent an' 'icernment:
Intent is the determination to do a certain
thin", an aim or purpose of the mind. ?n the
other hand, discernment is the mental capacit
to tell ri"ht from wron".
)itinction #etween intent an' motive!
Intent is demonstrated b the use of a particular
means to brin" about a desired result it is not
a state of mind or a reason for committin" a
crime. ?n the other hand, motive implies
motion. It is the movin" power which impels
one to do an act.
)itinction #etween negligence an'
im"ru'ence!
'1) In ne"li"ence, there is deficienc of
action;
')) In imprudence, there is
deficienc of perception.
Criminal Lia#ilit$!
*his shall be incurred upon the person on the
act of a crime '"umawa n" (rimen), whether:
Error in personae mista(e in identit 'wron"
person) :#. & wanted to (ill @, but (ill C
instead, this is considered as mista(e in
identit.
Abberatio ictus mista(e in blow 'wron" shot;
bullet went the other wa etc.) :#. & shot @,
but instead, the bullet ricocheted 'bounced off)
from the wall and hit C. 'best e#ample from C7I:
Las 0e"as where a "u in avoidin" an incomin"
blow and someone "ot hit instead and that
fellow died of in%uries to the head hours later.)
Praeter intentionem where the conse<uence
e#ceeded the intention. :#. & dropped a pail of
water on @4s head, his intention was %ust a %o(e
and "ettin" @ wet. @ut instead of "ettin" wet, @
died due to hemorrha"e to the s(ull suffered
from the in%uries. 'another best e#ample in C7I:
2ew 8or(, where a sororit member inserted a
canister on an inhaler of a 5sister sororit6 to
set the mood 'the said canister was said to
hei"hten se#ual appetite) not (nowin" of her
previous condition 'which was asthma) which
collided and thus (illin" her instead of settin"
mood, she died of or"asm.)
-roximate caue!
&rticle A, /ara"raph 1, presupposes that the act
done was a pro#imate cause. It must be:
1) Birect
)) 2atural
3) Lo"ical conse<uence of the felonious
act
,m"oi#le Crime!
Is an act which would be an offense a"ainst
person or propert were it not for the inherent
impossibilit of its accomplishment or on
account of the emploment of inade<uate or
ineffectual means.
:#. & housebo on the intention of rapin" his
beautiful master went upstairs unloc(ed the
door and proceeded to rape her without
(nowin" that she was dead to be"in with. &n
impossible crime was committed.
Article ./ -aragra"h 1 0 this refers to the
wron"ful act done constituted a felon,
althou"h it mi"ht be different from what he
intended. :#. In savin" B4s life from imminent
dan"er of bein" hit b an oncomin" truc(, &
an(ed him out and set him aside. 2ot reali+in"
that there were sna(es or spi(es where he
shoved him thus resultin" in his death.
Article ./ -aragra"h 1 0 this refers to a
situation where the wron"ful act did not
constitute an felon, but because the act
would have "iven rise to a crime a"ainst persons
or a"ainst propert, the same is penali+ed to
repress criminal tendencies to curtail their
fre<uenc.
Article 2 o& the R-C cover two (1) intance!
1) *he court cannot convict the accused
because the acts do not constitute a
crime. *he proper %ud"ment is
ac<uittal, but the court is mandated to
report to the Chief :#ecutive that said
act be made sub%ect of penal
le"islation and wh. :#. *here is no
crime committed, thus resultin" in the
person4s freedom3ac<uittal. 'best
e#ample from C7I: =iami, when a "u
was convicted of shootin" a man, but
since there was no G71 '"unshot
residue) found on him, evidence
showed otherwise, thus ac<uittin"
him.)
)) 9here the court finds the penalt
prescribed for the crime too harsh
considerin" the conditions surroundin"
the commission of the crime, the %ud"e
should impose the law. *he most that
he could do is to recommend to the
Chief :#ecutive to "rant e#ecutive
clemenc. :#. In the case of comple#
crimes, althou"h the punishment be
"iven be the hi"hest level of
punishment, the recommend to the
/resident that the prisoner be "ranted
pardon or clemenc 'best e#ample
when =ichael 7cofield4s brother Linc
was pardoned b the /resident)
Stage in committing a &elon$!
&s emphasi+ed on &rticle C, the followin" are
the sta"es:
1) &ttempted the crime was commenced
first, but onl in%uries were sustained.
)) -rustrated the crime that happened
was in pro"ress to D.E of the event,
believin" that the victim was alread
dead, the (iller fled the scene not
(nowin" that the victim still had a
pulse and survived because the victim
was brou"ht to the hospital where he
was saved.
3) Consummated total death for the
victim (illed or murdered.
2ote that there is no frustrated rape
onl consummated, no matter how the
penetration happened, it was still
consummated.
*here is no frustrated robber, onl
desistance, meanin" the person about
to rob the store was overcome b "uilt
and chan"ed his mind later.
*here is no frustrated or attempted
oral defamation, it is alwas in the
consummated sta"e.
Formal Crime are crimes which are
consummated in one instance.
*he difference between attempted and
frustrated sta"e lies on whether the offender
has performed all the acts or e#ecution for the
accomplishment of the crime.
Literall, under the article C, if the offender has
performed all the acts of e#ecution which
should produce the felon as a conse<uence but
the felon was not reali+ed, then the crime is
alread in the frustrated sta"e. If the offender
has not et performed all the acts of e#ecution
there is et somethin" to be performed but he
was not able to perform all the acts of
e#ecution due to some cause or accident other
than his own spontaneous desistance, then ou
have an attempted felon.
)eitance!
?n the part of the offender ne"ates criminal
liabilit in the attempted sta"e. Besistance is
true onl in the attempted sta"e of the felon.
If under the definition of the felon, the act
done is alread in the frustrated sta"e, no
amount of desistance will ne"ate criminal
liabilit.
9hether the felon is attempted, frustrated or
consummated, here are the followin" criteria
involved:
1) *he manner of committin" the crime;
)) *he elements of the crime; and
3) *he nature of the crime itself
Manner o& committing a crime
:#. @riber. Can the crime of frustrated briber
be committed> 2o.
It usuall ta(es ) to tan"o. =eanin" there is a
principal and an accomplice. &nd ) people to
ta(e part in the crime. &s mentioned earlier
there is no such thin" as frustrated rape. In
rape, it re<uires the connection of the offender
and the offended part. 2o penetration at all,
there is onl an attempted sta"e. 7li"htest
penetration or sli"htest connection,
consummated. 8ou will notice this from the
nature of the crime re<uirin" two participants.
%n "h$ical in3urie
In order that in law, a deformit can be said to
e#ist, three factors must concur:
'1) *he in%ur should brin" about the
u"liness;
')) *he u"liness must be visible;
'3) *he u"liness would not
disappear throu"h natural healin"
process.
4lement o& a crime!
1) :lement of intent to dama"e
)) *he dama"e inflicted
3) Intent to "ain
5ature o& crime!
1) Grave
)) Li"ht
Con"irac$ an' "ro"oal to commit &elon
-or conspirac to e#ist:
1) *here is an a"reement
)) *he participants acted in concert or
simultaneousl which is indicative of a
meetin" of the minds towards a
common criminal "oal or criminal
ob%ective. 9hen several offenders act
in a snchroni+ed, coordinated manner,
the fact that their acts complimented
each other is indicative of the meetin"
of the minds. *here is an implied
a"reement.
*wo ')) (inds of conspirac:
1) Conspirac as a crime more of
national securit 'li(e coup d4etat)
)) Conspirac as a manner of incurrin"
criminal liabilit followin" an attac(,
the ) offenders conspired to "et bac(
at the person who attac(ed them thus
resultin" in his death.
/roposal to commit murder is not a crime. @ut
if @ accepts the proposal, there will be
conspirac to commit murder which is a crime
under the 1evised /enal Code.
9hen the conspirac is onl a basis of incurrin"
criminal liabilit, there must be an overt act
done before the co!conspirators become
criminall liable. 9hen the conspirac itself is a
crime, this cannot be inferred or deduced
because there is no overt act. &ll that there is
the a"reement. ?n the other hand, if the co!
conspirator or an of them would e#ecute an
overt act, the crime would no lon"er be the
conspirac but the overt act itself.
Com"oite crime 0 are crimes which, in
substance, consist of more than one crime but in
the ees of the law, there is onl one crime. :#.
Crimes with robber with rape, robber with
homicide, robber with phsical in%uries.
Com"lex crime are crimes which in sum,
consist of a mi#ture of two crimes, but the
penalt that will be imposed shall be the one
with the "raver offense.
Classifications of felonies:
1) &ccordin" to the manner of their
commission. Fnder &rticle 3, the are
classified as, intentional felonies or
those committed with deliberate
intent; and culpable felonies or those
resultin" from ne"li"ence, rec(less
imprudence, lac( of foresi"ht or lac( of
s(ill.
)) &ccordin" to the sta"es of their
e#ecution. Fnder &rticle C., felonies
are classified as attempted felon when
the offender commences the
commission of a felon directl b
overt acts, and does not perform all
the acts of e#ecution which should
produce the felon b reason of some
cause or accident other than his own
spontaneous desistance; frustrated
felon when the offender commences
the commission of a felon as a
conse<uence but which would produce
the felon as a conse<uence but which
nevertheless do not produce the felon
b reason of causes independent of the
perpetrator; and, consummated felon
when all the elements necessar for its
e#ecution are present.
3) &ccordin" to their "ravit. Fnder
&rticle G, felonies are classified as
"rave felonies or those to which
attaches the capital punishment or
penalties which in an of their periods
are afflictive; less "rave felonies or
those to which the law punishes with
penalties which in their ma#imum
period was correccional; and li"ht
felonies or those infractions of law for
the commission of which the penalt is
arresto menor.
*here are five '.) circumstances affectin"
criminal liabilit:
1) Hustifin" circumstances
)) :#emptin" circumstances
3) =iti"atin" Circumstances
A) &""ravatin" Circumstances
.) &lternative Circumstances
*here are ) others found elsewhere in the
provision of the 1/C:
1) &bsolutor cause
)) :#tenuatin" circumstances
&bsolutor cause: *he effect of this is to absolve
the offender from criminal liabilit, althou"h
not from civil liabilit. It has the same effect as
an e#emptin" circumstance, but ou do not call
it as such in order not to confuse it with the
circumstances under &rticle 1). It has the effect
of an e#emptin" circumstance and the are
predicated on lac( of voluntariness li(e
insti"ation. Insti"ation is associated with
criminal intent.
Bifference between insti"ation and entrapment
In insti"ation, the criminal plan or desi"n e#ists
in the mind of the law enforcer with whom the
person insti"ated cooperated so it is said that
the person insti"ated is actin" onl as a mere
instrument or tool of the law enforcer in the
performance of his duties.
?n the other hand, in entrapment, a criminal
desi"n is alread in the mind of the person
entrapped. It did not emanate from the mind of
the law enforcer entrappin" him. :ntrapment
involves onl was and means which are laid
down or resorted to facilitate the apprehension
of the culprit.
4xtenuating circumtance
*he effect of this is to miti"ate the criminal
liabilit of the offender. In other words, this
has the same effect as miti"atin"
circumstances, onl ou do not call it miti"atin"
because this is not found in &rticle 13.
Bistinction between Hustifin" and :#emptin"
Circumstances:
Hustifin" Circumstances:
1) *he circumstance affects the act, not
the actor;
)) *he act complained of is considered to
have been done within the bounds of
law; hence, it is le"itimate and lawful
in the ees of the law;
3) 7ince the act is considered lawful,
there is no crime, and because there is
no crime, there is no criminal;
A) 7ince there is no crime or criminal,
there is no criminal liabilit as well as
civil liabilit
:#emptin" Circumstances:
1) *he circumstances affect the actor, not
the act;
)) *he act complained of is actuall
wron"ful, but the actor acted without
voluntariness. $e is a mere tool or
instrument of the crime;
3) 7ince the act complained of is actuall
wron"ful, there is a crime. @ut
because the actor acted without
voluntariness, there is absence of dolo
or culpa. *here is no criminal;
A) 7ince there is a crime committed but
there is no criminal, there is civil
liabilit for the wron" done. @ut there
is no criminal liabilit. $owever, in
para"raphs A and D of &rticle 1), there
is neither criminal nor civil liabilit.
6uti&$ing Circumtance!
7ince the %ustifin" circumstances are in the
nature of defensive acts, there must be alwas
unlawful a""ression. *he reasonableness of the
means emploed depends on the "ravit of the
a""ression. If the unlawful a""ressor was (illed,
this can onl be %ustified if it was done to save
the life of the person defendin" or the person
bein" defended. *he e<uation is 5life was ta(en
to save life.6
7elf defense:
It is the element of unlawful a""ression that is
in issue. 2ever confuse unlawful a""ression
with provocation. =ere provocation is not
enou"h.
)e&ene o& "ro"ert$ right
*his can onl be invo(ed if the life and limb of
the person ma(in" the defense is also the
sub%ect of unlawful a""ression. Life cannot be
e<ual to propert.
)e&ene o& tranger
If the person bein" defended is alread a second
cousin, ou do not invo(e defense of relative
anmore. It will be defense of stran"er. *his is
vital because if the person ma(in" the defense
acted out or reven"e, resentment or some evil
motive in (illin" the a""ressor, he cannot invo(e
the %ustifin" circumstance if the relative
defended is alread a stran"er in the ees of the
law. ?n the other hand, if the relative
defended is still within the covera"e of defense
of relative, even thou"h he acted out of some
evil motive, it would still appl. It is enou"h
that there was unlawful a""ression a"ainst the
relative defended, and that the person
defendin" did not contribute to the unlawful
a""ression.
,ncom"lete el&-'e&ene or incom"lete
3uti&$ing circumtance or incom"lete
exem"ting circumtance
9hen ou sa incomplete %ustifin"
circumstance, it means that not all the
re<uisites to %ustif the act are present or not
the re<uisites to e#empt from criminal liabilit
are present.
-irst, to have incomplete self!defense, the
offended part must be "uilt of unlawful
a""ression. 9ithout this, there can be no
incomplete self!defense, defense of relative, or
defense of stran"er.
7econd, if onl the element of unlawful
a""ression is present, the other re<uisites bein"
absent, the offender shall be "iven onl the
benefit of an ordinar miti"atin" circumstance.
*hird, if aside from the element of unlawful
a""ression another re<uisite, but not all, are
present, the offender shall be "iven the benefit
of a privile"ed miti"atin" circumstance. In such
a case, the imposable penalt shall be reduced
b one or two de"rees dependin" upon how the
court re"ards the importance of the re<uisites
present. ?r absent.
7tate of necessit this is the commission of a
crime to avoid an imminent and clear present
dan"er.
-ulfillment of dut this is the commission of
the crime in line of dut, and there are )
conditions:
1) *he felon was committed while the
offender was in the fulfillment of a
dut or in the lawful e#ercise of a ri"ht
or office; and
)) *he resultin" felon is the unavoidable
conse<uence of the due fulfillment of
the dut or the lawful e#ercise of the
ri"ht or office
4xem"ting Circumtance!
*he reason for the e#emption lies on the
involuntariness of the act one or some of the
in"redients of voluntariness such as criminal
intent, intelli"ence, or freedom of action on the
part of the offender is missin".
*his includes:
1) Imbecilit and insanit ta(e note on
the "rounds of insanit the accused
acted with complete deprivation of
intelli"ence in committin" the crime
and test of volition, whether the
accused acted in total deprivation of
freedom of will.
)) =inorit
Damnum absque injuria the offender is
e#empt from criminal liabilit but of civil
liabilit as well.
Mitigating Circumtance!
*hese are accompanin" or accessor condition,
event, or fact that 'thou"h not constitutin" a
%ustification or e#cuse of an offense) ma be
considered b the courts as reducin" the de"ree
of culpabilit or liabilit of the accused. 7uch
circumstances ma include famil or personal
situations, and ma help in attractin" a
sentence less severe than a tpical sentence for
similar offenses.
*here are two distinctions: ordinar and
privile"ed.
1) &s to the nature of the circumstances,
ordinar miti"atin" circumstance can
be offset b a""ravatin" circumstances,
while privile"ed can never be offset.
)) &s to effect, ordinar, if not offset will
operate to reduce the penalt to a
minimum period, provided the penalt
is a divisible one 'ne"otiable. =eanin"
if ou hear the words of an officer =an
1, but because of the offender4s
confession and divul"in" of other vital
information, =an 1 with reduced
sentence of up to . ears with
probation). 9ith privile"ed, it operates
to reduce the penalt b one or two
de"ree, dependin" on what the law
provides.
Su&&icient threat or "rovocation!
*his is miti"atin" onl if the crime was
committed on the ver person who made the
threat or provocation. *he common set!up
"iven in a bar problem is that of provocation
was "iven b somebod. *he person provo(ed
cannot retaliate a"ainst him; thus, the person
provo(ed retaliated on a oun"er brother or on
an elder father. &lthou"h in fact, there is
sufficient provocation, it is not miti"atin"
because the one who "ives the provocation is
not the one a"ainst whom the crime was
committed.
Biminished self control has two criteria:
1) *ime has lapsed after the provocation
was initiall "iven 'e#. & "u was
insulted at this moment, and retaliated
bac( after )A hours. Givin" him enou"h
time to thin( of his actions)
)) If there is that time element and at the
same time, facts are "iven indicatin"
that at the time the offender
committed the crime, he is still
sufferin" from outra"e of the threat or
provocation done to him, then he will
still "et the benefit of this miti"atin"
circumstance.
0indication of a "rave offense, the vindication
need not be done b the person upon whom the
"rave offense was committed.
/assion or obfuscation this stands on the
premise or proposition that the offender is
sufferin" from a diminished self!control because
of passion or obfuscation. /assion must be
le"itimate.
*his occurs when an assault on spouse or loved
one is prominent, and because of a %ealous
outbrea( ou end up (illin" the person
assaultin" our spouse or loved!one.
/hsical defect is another miti"atin"
circumstance. 1e"ardless of an phsical defect
a person ma still commit a crime as the other
parts of the bod are full functionin" and could
still commence the crime. @lind, and invalid are
not e#empted. 7ome parts of their bod are still
wor(in".
Aggravating Circumtance!
Circumstances that increase the seriousness or
outra"eousness of a "iven crime, and that in
turn increase the wron"doerIs penalt or
punishment.
*hese are the (inds of a""ravatin"
circumstances:
1) Generic or those that can "enerall
appl to all crime;
)) 7pecific or those that appl onl to a
particular crime
3) Jualifin" or those that chan"e that
chan"e the nature of the crime
A) Inherent or those that must of
necessit accompan the commission of
the crime
Bistinctions between &""ravatin" and Jualifin"
circumstances
In a""ravatin":
1) *he circumstance could be offset b a
miti"atin" circumstance,
)) 2o need to alle"e this circumstance in
the information, as lon" as it is proven
durin" trial. If it is proved durin" trial,
the court would consider the same in
imposin" the penalt;
3) It is not an in"redient of a crime. It
onl affects the penalt to be imposed
but the crime remains the same
In <ualifin" circumstances:
1) *he circumstance affects the nature of
the crime itself such that the offender
shall be liable for a more serious crime.
*he circumstance is actuall an
in"redient of the crime
)) @ein" an in"redient of the crime, it
cannot be offset b an miti"atin"
circumstance
3) Jualifin" circumstances to be
appreciated as such must be
specificall alle"ed in the complaint or
information. If not alle"ed but proven
durin" the trial, it will be considered
onl as "eneric a""ravatin"
circumstance. If this happens, the are
susceptible of bein" offset b a
miti"atin" circumstance
&""ravatin" circumstances includes:
1) *a(in" advanta"e of public position
this means ou use public office as a
medium to commence a crime thin(in"
that ou wouldn4t be convicted 'well
"uess a"ain,)
)) Bisrespect due to a"e, ran( and se#
this refers to old, oun" and for the
se#, it4s the female
3) &buse of confidence this is not mere
betraal of trust %ust because in
e#ample ou left our dau"hter in the
trust of a nei"hbor and our nei"hbor
rapes our dau"hter. *hat is not
a""ravatin", what is a""ravatin" if it
was done to ou.
A) Bwellin" this refers to house,
re"ardless if its ours or not,
.) @and obviousl this refers to more
than 3 people, It would be bad enou"h
as it is if one person (ills ou, but a
"roup> 'hello, Common sense,)
C) Fninhabited place this refers to an
area far awa from civili+ation, if this
is ou, it would be so unfair as the
criminal intends that ou won4t be
saved, this is considered as
a""ravatin".
D) 2i"httime ou are rendered
defenseless at this point in moment in
time. 8ou are sleepin", so (illin" ou
while sleepin" a""ravates the whole
thin",
K) *reacher violation of alle"iance or
faith. 8ou create this once our
alle"iance3loalt to someone is
destroed.
G) :vident premeditation it means ou
planned this all alon",,,
1L) @rea(in" and enterin" is included as
well,
11) If ou as( the aid of people below 1.
ears of a"e, the crime "ets
a""ravated, 'best e#ample C7I: =iami,
when an offender as(ed the aid of
$oratio4s son Mle who at the time of
the offense was 1., ran(in" him as a
%uvenile)
1)) Craft, dis"uise or fraud be used in
committin" a crime.
13) If ou create an e#plosion, poison,
strandin" a vessel, fire, 'all man!made
accidents) these also a""ravate the
situation. If ou use these e#amples to
hide our crime, then ou4re facin" %ail
time for a lifetime.
1A) If ou accepted a bribe, reward or
price in e#chan"e for a commencement
of a crime, well consider these thin"s
a""ravatin".
1.) &nother a""ravatin" circumstances, ou
(ill someone and bein" a show!off, ou
e#posed the person, not onl dead, but
na(ed as well and hun" him on a tree,
this is i"nomin. Mumba"a sa dead,
double!dead na ito,
1C) If ou use our si+e to "et our wa and
in the end resultin" in death, then this
is also considered as a""ravatin".
1D) Burin" natural causes of accidents li(e
earth<ua(e or epidemic and ou used it
as a cover for our crime, this is also
a""ravatin". '@est e#ample of this, C7I:
=iami, a robber too( place durin" a
tsunami event. *he robbers used a
"eolo"ist to cover for them. *al( about
"ood research, @ut re"ardless, it4s still
a""ravatin" circumstances)
1K) If ou commit a crime in the e#ecutive
palace, re"ardless of the e#istence of
the president or not, the "rounds are
still a""ravatin". :speciall if ou shoot
a "un inside a church,
1G) If ou insult a public officer, that is
also an a""ravatin" circumstance.
)L) If ou also as(ed the help of armed
men, it also a""ravates the case.
1ecidivism the offender at the time of the trial
shall have been previousl convicted b final
%ud"ment of another in the same title of the
1/C. :#. & "u committed murder last ) months
a"o, and now he is bein" convicted of homicide.
1eiteration the offender has been punished for
an offense which the law attaches an e<ual
"reater penalt for two or more crimes to which
it attaches a li"hter penalt. *his time, separate
titles are applicable. :#. 1obber with rape is a
"ood e#ample.
$abitual delin<uenc the offender within a 1L!
ear period from the date of release or
conviction of the crimes: robber, estafa,
murder, the third time.
Alternative Circumtance!
*hese offenses are a"ainst our famil
'relationship)
*hese offenses also cover the part when ou4re
drun( 'so stop drin(in",)
It doesn4t care if ou4ve finished a colle"e
de"ree or a simple 1
st
"rader. :verone has a
tendenc to become a murderer.
*he followin" are Criminall Liable for Grave
felonies:
1) /rincipals main doers of the crime
)) &ccomplices the one who helped in
the e#ecution
3) &ccessories one ma not be there
durin" the crime, but after ou help
hide the evidence 'obstruction of
%ustice ito)
*he followin" are Criminall Liable for Li"ht
felonies:
1) /rincipals
)) &ccomplices
+rave &elonie!
*hese felonies are punishable b the hi"hest
possible punishment: lifetime imprisonment or
C!3L ears. :#amples are rape, murder, robber,
treason.
Light &elonie!
*hese felonies, are punishable b li"htest
punishments: arresto menor, bail. *hese are
commenced due to infractions and
misdemeanors.
&ccessories who are e#empt from Criminal
Liabilit are our relatives, siblin"s, spouses.
/unishments "iven for Grave -elonies:
1) 1eclusion perpetua
)) 1eclusion temporal
3) /erpetual or temporar dis<ualification
A) /erpetual or special dis<ualification
.) /rision maor
Correctional penalties:
1) /rision correccional
)) &rresto maor
3) 7uspension
A) Bestierro
Li"ht penalties
1) &rresto menor
)) /ublic censure
/enalties common to the three precedin"
classes:
1) -ine and
)) @ond to (eep the peace.
&rt. )1. Penalties that ma be impose!" 7 5o
&elon$ hall #e "uniha#le #$ an$ "enalt$ not
"recri#e' #$ law "rior to it commiion.
: =eanin", ou cannot punish anone with an
penalt if he or she did not commit an crime,
thus the le"al ma#im: 52ullum crimen, nulla
poena sine le"e6 ! *here is no crime when there
is no law punishin" the same.
:#: & man was convicted of murder, but his alibi
and evidence showed otherwise. 7hould the man
be convicted of murder or not>
&: 2o, he shouldn4t be.
*here was no felon committed, therefore, no
penalt is prescribed b law punishin" it, thus
the le"al ma#im: 2ullum crimen, nulla poena
sine le"e there is no crime when there is no
law punishin" the same.
In the case "iven, althou"h the man was
convicted of murder, the evidence and alibi
does not tie him to the crime.
*hus eliminatin" him of an liabilit for there
was no crime committed.
&rt. )). Retroacti#e effect of penal la$s" 7
-enal Law hall have a retroactive e&&ect
ino&ar a the$ &avor the "eron guilt$ o& a
&elon$/ who i not a ha#itual criminal/ a thi
term i 'e&ine' in Rule 2 o& Article 81 o& thi
Co'e/ although at the time o& the "u#lication
o& uch law a &inal entence ha #een
"ronounce' an' the convict i erving the
ame.
: 9ith relation to &rt. A of the Civil Code: 5Laws
shall have no retroactive effect unless otherwise
provided,6 meanin", laws are usuall
prospective. *he never loo( bac(. 7a for
e#ample, a man committed a crime of murder,
if he was sentenced for the penalt of the death
sentence, and since it was abolished, it will no
lon"er follow. 7hould it be implemented bac(,
he is no lon"er covered b such punishment.
&rt. )3. %ffect of par!on b the offen!e!
part" 7 A "ar'on o& the o&&en'e' "art$ 'oe
not extinguih criminal action exce"t a
"rovi'e' in Article 3.. o& thi Co'e9 #ut civil
lia#ilit$ with regar' to the interet o& the
in3ure' "art$ i extinguihe' #$ hi ex"re
waiver.
: *his is in connection to the pardonin" of the
/resident to the accused. Fsuall in the case of
rape, unless the person is for"iven b the
victim, then the offender is not pardoned. *he
difference between amnest and pardon lies
between the erasure of the conviction and the
crime itself. /ardon, e#cuses the convict from
servin" the sentence.
:#: 7uppose, instead of amnest, what was
"iven was absolute pardon, then ears later, the
offender was a"ain captured and char"ed for
rebellion, he was convicted, is he a recidivist>
&: 8es, he is.
/ardon, althou"h absolute, does not erase the
effects of conviction. It onl e#cuses the
accused from servin" his sentence.
In the case at bar, the accused was awarded or
"iven pardon, not amnest, which erases not
onl the conviction but also the crime itself. $e
then commits a crime of rebellion, thereb
ma(in" him a recidivist.
&rt. )A. Measures of pre#ention or safet
$hich are not consi!ere! penalties. 7 :he
&ollowing hall not #e coni'ere' a "enaltie!
1. :he arret an' tem"orar$ 'etention o&
accue' "eron/ a well a their 'etention #$
reaon o& inanit$ or im#ecilit$/ or illne
re*uiring their con&inement in a ho"ital.
1. :he commitment o& a minor to an$ o& the
intitution mentione' in Article ;< an' &or
the "ur"oe "eci&ie' therein.
3. Su"enion &rom the em"lo$ment o& "u#lic
o&&ice 'uring the trial or in or'er to intitute
"rocee'ing.
.. Fine an' other corrective meaure which/
in the exercie o& their a'minitrative
'ici"linar$ "ower/ u"erior o&&icial ma$
im"oe u"on their u#or'inate.
2. )e"rivation o& right an' the re"aration
which the civil law ma$ eta#lih in "enal
&orm.
: *he abovementioned are not penalties for a
crime. 1ather the are %ust part of due process
"iven to an accused.
&rt. ).. Penalties $hich ma be impose!" 0
:he "enaltie which ma$ #e im"oe'
accor'ing to thi Co'e/ an' their 'i&&erent
clae/ are thoe inclu'e' in the &ollowing!
Ca"ital "unihment! )eath
A&&lictive "enaltie! Recluion "er"etua/
Recluion tem"oral/ -er"etual or tem"orar$
a#olute 'i*uali&ication/ -er"etual or
tem"orar$ "ecial 'i*uali&ication/ -riion
ma$or.
Correctional "enaltie! -riion correccional/
Arreto ma$or/ Su"enion/ )etierro.
-enaltie common to the three "rece'ing
clae! Fine/ an' =on' to (ee" the "eace.
Acceor$ -enaltie!
-er"etual or tem"orar$ a#olute
'i*uali&ication
-er"etual or tem"orar$ "ecial
'i*uali&ication
Su"enion &rom "u#lic o&&ice/ the right to
vote an' #e vote' &or/ the "ro&eion or
calling
Civil inter'iction
,n'emni&ication
For&eiture or con&ication o& intrument an'
"rocee' o& the o&&ene
-a$ment o& cot
: *he abovementioned are penalties imposed on
the criminal offenses bein" committed b
offenders.
&rt. )C. &hen afflicti#e, correctional, or light
penalt" 7 A &ine/ whether im"oe' a a ingle
o& a an alternative "enalt$/ hall #e
coni'ere' an a&&lictive "enalt$/ i& it excee'
8/<<< "eo9 a correctional "enalt$/ i& it 'oe
not excee' 8/<<< "eo #ut i not le than
1<< "eo9 an' a light "enalt$ i& it le than
1<< "eo.
: *his means ou could %ust pa for bail, if what
ou committed did not meet the penalties
mentioned in the precedin" article.
&rt. )D. Reclusion perpetua. 0 An$ "eron
entence to an$ o& the "er"etual "enaltie
hall #e "ar'one' a&ter un'ergoing the
"enalt$ &or thirt$ $ear/ unle uch "eron #$
reaon o& hi con'uct or ome other eriou
caue hall #e coni'ere' #$ the Chie&
4xecutive a unworth$ o& "ar'on. (1< $ear
an' 1 'a$ to .< $ear)
Reclusion temporal" 0 :he "enalt$ o& recluion
tem"oral hall #e &rom twelve $ear an' one
'a$ to twent$ $ear.
Prision maor an! temporar
!isqualification" 0 :he 'uration o& the
"enaltie o& "riion ma$or an' tem"orar$
'i*uali&ication hall #e &rom ix $ear an'
one 'a$ to twelve $ear/ exce"t when the
"enalt$ o& 'i*uali&ication i im"oe' a an
acceor$ "enalt$/ in which cae it 'uration
hall #e that o& the "rinci"al "enalt$.
-riion correccional/ u"enion/ an'
'etierro. 7 :he 'uration o& the "enaltie o&
"riion correccional/ u"enion an' 'etierro
hall #e &rom ix month an' one 'a$ to ix
$ear/ exce"t when u"enion i im"oe' a
an acceor$ "enalt$/ in which cae/ it
'uration hall #e that o& the "rinci"al "enalt$.
Arreto ma$or. 7 :he 'uration o& the "enalt$
o& arreto ma$or hall #e &rom one month an'
one 'a$ to ix month.
Arreto menor. 7 :he 'uration o& the "enalt$
o& arreto menor hall #e &rom one 'a$ to
thirt$ 'a$.
=on' to (ee" the "eace. 7 :he #on' to (ee"
the "eace hall #e re*uire' to cover uch
"erio' o& time a the court ma$ 'etermine.
: *he abovementioned penalties are to be "iven
on offenders when the have committed a
crime, dependin" on the li"htness and "ravit of
the crime committed. *he "ravest bein"
1eclusion perpetua since the Beath sentence has
been abolished. &nd bond to (eep peace as the
li"htest.
&rt. )K. 'omputation of penalties" 7 ,& the
o&&en'er hall #e in "rion/ the term o& the
'uration o& the tem"orar$ "enaltie hall #e
com"ute' &rom the 'a$ on which the
3u'gment o& conviction hall have #ecome
&inal.
,& the o&&en'er #e not in "rion/ the term o&
the 'uration o& the "enalt$ coniting o&
'e"rivation o& li#ert$ hall #e com"ute' &rom
the 'a$ that the o&&en'er i "lace' at the
'i"oal o& the 3u'icial authoritie &or the
en&orcement o& the "enalt$. :he 'uration o&
the other "enaltie hall #e com"ute' onl$
&rom the 'a$ on which the 'e&en'ant
commence to erve hi entence.
: *his refers to the duration of the sentence.
:#: *rue or false, a man was convicted of
1eclusion temporal after committin" a crime of
homicide should be servin" a sentence of twent
ears and one da to fort ears>
&: -alse.
*he 1evised /enal Code provides that 1eclusion
temporal is supposed to be served twelve ears
and one da to twent ears.
In the case at bar, the man committed homicide
and was punished with 1eclusion temporal. *he
ears that was mention in the prescription was
for 1eclusion perpetua.
&rt. )G. Perio! of pre#enti#e imprisonment
!e!ucte! from term of imprisonment" 7
%&&en'er who have un'ergone "reventive
im"rionment hall #e cre'ite' in the ervice
o& their entence coniting o& 'e"rivation o&
li#ert$/ with the &ull time 'uring which the$
have un'ergone "reventive im"rionment/ i&
the 'etention "rioner agree voluntaril$ in
writing to a#i'e #$ the ame 'ici"linar$ rule
im"oe' u"on convicte' "rioner/ exce"t in
the &ollowing cae!
1. >hen the$ are reci'ivit or have #een
convicte' "revioul$ twice or more time o&
an$ crime9 an'
1. >hen u"on #eing ummone' &or the
execution o& their entence the$ have &aile'
to urren'er voluntaril$.
,& the 'etention "rioner 'oe not agree to
a#i'e #$ the ame 'ici"linar$ rule im"oe'
u"on convicte' "rioner/ he hall #e cre'ite'
in the ervice o& hi entence with &our-&i&th
o& the time 'uring which he ha un'ergone
"reventive im"rionment.
>henever an accue' ha un'ergone
"reventive im"rionment &or a "erio' e*ual to
or more than the "oi#le maximum
im"rionment o& the o&&ene charge' to which
he ma$ #e entence' an' hi cae i not $et
terminate'/ he hall #e releae' imme'iatel$
without "re3u'ice to the continuation o& the
trial thereo& or the "rocee'ing on a""eal/ i&
the ame i un'er review. ,n cae the
maximum "enalt$ to which the accue' ma$
#e entence' i 'etierro/ he hall #e releae'
a&ter thirt$ (3<) 'a$ o& "reventive
im"rionment.
: *his is in reference to offenders who have
served their sentences to prevent them from
committin" another crime.
&rt. 3L. %ffects of the penalties of perpetual
or temporar absolute !isqualification" 7
:he "enaltie o& "er"etual or tem"orar$
a#olute 'i*uali&ication &or "u#lic o&&ice hall
"ro'uce the &ollowing e&&ect!
1. :he 'e"rivation o& the "u#lic o&&ice an'
em"lo$ment which the o&&en'er ma$ have
hel' even i& con&erre' #$ "o"ular election.
1. :he 'e"rivation o& the right to vote in an$
election &or an$ "o"ular o&&ice or to #e
electe' to uch o&&ice.
3. :he 'i*uali&ication &or the o&&ice or "u#lic
em"lo$ment an' &or the exercie o& an$ o&
the right mentione'. ,n cae o& tem"orar$
'i*uali&ication/ uch 'i*uali&ication a i
com"rie' in "aragra"h 1 an' 3 o& thi article
hall lat 'uring the term o& the entence.
.. :he lo o& all right to retirement "a$ or
other "enion &or an$ o&&ice &ormerl$ hel'.
: *his is in line with the sentence: /ublic office
is a public trust.
:#: & public officer committed a crime of rape
with murder. $is final %ud"ment was perpetual
or temporar absolute dis<ualification. Bo ou
a"ree with the %ud"ment or not>
&: 8es, I a"ree with the %ud"ment.
/ublic office is a public trust. &nd if a public
officer commenced such crime, he is not fit to
be trusted and must be stripped of his duties
and obli"ations to the public.
In the "iven case at bar, the public officer
committed rape with murder, therefore, he
cannot be trusted and must be stripped of his
office, duties and obli"ations as a public officer,
as public office is a public trust.
&rt. 31. %ffect of the penalties of perpetual
or temporar special !isqualification" 7 :he
"enaltie o& "er"etual or tem"oral "ecial
'i*uali&ication &or "u#lic o&&ice/ "ro&eion or
calling hall "ro'uce the &ollowing e&&ect!
1. :he 'e"rivation o& the o&&ice/ em"lo$ment/
"ro&eion or calling a&&ecte'9
1. :he 'i*uali&ication &or hol'ing imilar
o&&ice or em"lo$ment either "er"etuall$ or
'uring the term o& the entence accor'ing to
the extent o& uch 'i*uali&ication.
: /eople in office who had committed a crime
shall be deprived of their office. Li(e in roalt
for e#ample, if the (in" commits a crime, he is
forced to abdicate and thereb stripped of his
title and office.
&rt. 3). 4&&ect o& the "enaltie o& "er"etual or
tem"orar$ "ecial 'i*uali&ication &or the
exercie o& the right o& u&&rage. N :he
"er"etual or tem"orar$ "ecial
'i*uali&ication &or the exercie o& the right o&
u&&rage hall 'e"rive the o&&en'er
"er"etuall$ or 'uring the term o& the
entence/ accor'ing to the nature o& ai'
"enalt$/ o& the right to vote in an$ "o"ular
election &or an$ "u#lic o&&ice or to #e electe'
to uch o&&ice. Moreover/ the o&&en'er hall
not #e "ermitte' to hol' an$ "u#lic o&&ice
'uring the "erio' o& hi 'i*uali&ication.
: &"ain with connection to public office is a
public trust, the offender ma not hold an
office durin" his term of sentence. *he will be
deprived the ri"ht to vote in an popular
election for an public office.
&rt. 33. %ffects of the penalties of suspension
from an public office, profession or calling,
or the right of suffrage" 7 :he u"enion
&rom "u#lic o&&ice/ "ro&eion or calling/ an'
the exercie o& the right o& u&&rage hall
'i*uali&$ the o&&en'er &rom hol'ing uch
o&&ice or exerciing uch "ro&eion or calling
or right o& u&&rage 'uring the term o& the
entence.
:he "eron u"en'e' &rom hol'ing "u#lic
o&&ice hall not hol' another having imilar
&unction 'uring the "erio' o& hi u"enion.
: In connection with the holdin" of public office,
one ma be suspended from holdin" public
office and shall not hold another havin" similar
functions durin" the period of his suspension.
&rt. 3A. 'i#il inter!iction" 7 Civil inter'iction
hall 'e"rive the o&&en'er 'uring the time o&
hi entence o& the right o& "arental
authorit$/ or guar'ianhi"/ either a to the
"eron or "ro"ert$ o& an$ war'/ o& marital
authorit$/ o& the right to manage hi "ro"ert$
an' o& the right to 'i"oe o& uch "ro"ert$ #$
an$ act or an$ conve$ance inter vivo.
: Burin" the term of sentence, one who is
convicted is stripped of ri"hts to parental
authorit, "uardianship, marital authorit and
ri"ht to mana"e his propert.
&rt. 3.. %ffects of bon! to (eep the peace" 7
,t hall #e the 'ut$ o& an$ "eron entence' to
give #on' to (ee" the "eace/ to "reent two
u&&icient uretie who hall un'erta(e that
uch "eron will not commit the o&&ene
ought to #e "revente'/ an' that in cae uch
o&&ene #e committe' the$ will "a$ the
amount 'etermine' #$ the court in the
3u'gment/ or otherwie to 'e"oit uch
amount in the o&&ice o& the cler( o& the court
to guarantee ai' un'erta(ing.
:he court hall 'etermine/ accor'ing to it
'icretion/ the "erio' o& 'uration o& the #on'.
Shoul' the "eron entence' &ail to give the
#on' a re*uire' he hall #e 'etaine' &or a
"erio' which hall in no cae excee' ix
month/ i he hall have #een "roecute' &or a
grave or le grave &elon$/ an' hall not
excee' thirt$ 'a$/ i& &or a light &elon$.
: In connection to pament of an bail or bond,
as to (eep the peace and sanctit of the place.
&rt. 3C. Par!on) its effect" 7 A "ar'on hall
not wor( the retoration o& the right to hol'
"u#lic o&&ice/ or the right o& u&&rage/ unle
uch right #e ex"rel$ retore' #$ the term
o& the "ar'on.
A "ar'on hall in no cae exem"t the cul"rit
&rom the "a$ment o& the civil in'emnit$
im"oe' u"on him #$ the entence.
: /ardon is differentiated from amnest. &s
pardon e#cuses the sentence but not the crime,
and amnest e#cuses both the sentence and the
crime.
&rt. 3D. 'ost) &hat are inclu!e!" 7 Cot hall
inclu'e &ee an' in'emnitie in the coure o&
the 3u'icial "rocee'ing/ whether the$ #e
&ixe' or unaltera#le amount "revioul$
'etermine' #$ law or regulation in &orce/ or
amount not u#3ect to che'ule.
: *hese are the fees included in pain" the bail,
or other form of obli"ations ou have when ou
are accused.
&rt. 3K. Pecuniar liabilities) *r!er of
pament" 7 ,n cae the "ro"ert$ o& the
o&&en'er houl' not #e u&&icient &or the
"a$ment o& all hi "ecuniar$ lia#ilitie/ the
ame hall #e met in the &ollowing or'er!
1. :he re"aration o& the 'amage caue'.
1. ,n'emni&ication o& cone*uential 'amage.
3. :he &ine.
.. :he cot o& the "rocee'ing.
: 9hen thin"s are to be repaired, or when thin"s
are ta(en, its either ou pa bac( the e<ual
amount in which the victim paid for it or ou
find a wa to repair it.
&rt. 3G. +ubsi!iar penalt" 7 ,& the convict
ha no "ro"ert$ with which to meet the &ine
mentione' in the "aragra"h 3 o& the net
"rece'ing article/ he hall #e u#3ect to a
u#i'iar$ "eronal lia#ilit$ at the rate o& one
'a$ &or each eight "eo/ u#3ect to the
&ollowing rule!
1. ,& the "rinci"al "enalt$ im"oe' #e "riion
correccional or arreto an' &ine/ he hall
remain un'er con&inement until hi &ine
re&erre' to in the "rece'ing "aragra"h i
ati&ie'/ #ut hi u#i'iar$ im"rionment hall
not excee' one-thir' o& the term o& the
entence/ an' in no cae hall it continue &or
more than one $ear/ an' no &raction or "art o&
a 'a$ hall #e counte' againt the "rioner.
1. >hen the "rinci"al "enalt$ im"oe' #e onl$
a &ine/ the u#i'iar$ im"rionment hall not
excee' ix month/ i& the cul"rit hall have
#een "roecute' &or a grave or le grave
&elon$/ an' hall not excee' &i&teen 'a$/ i&
&or a light &elon$.
3. >hen the "rinci"al im"oe' i higher than
"riion correccional/ no u#i'iar$
im"rionment hall #e im"oe' u"on the
cul"rit.
.. ,& the "rinci"al "enalt$ im"oe' i not to #e
execute' #$ con&inement in a "enal
intitution/ #ut uch "enalt$ i o& &ixe'
'uration/ the convict/ 'uring the "erio' o&
time eta#lihe' in the "rece'ing rule/ hall
continue to u&&er the ame 'e"rivation a
thoe o& which the "rinci"al "enalt$
conit.chan ro#le virtual law li#rar$
2. :he u#i'iar$ "eronal lia#ilit$ which the
convict ma$ have u&&ere' #$ reaon o& hi
inolvenc$ hall not relieve him/ &rom the &ine
in cae hi &inancial circumtance houl'
im"rove.
: *his is in case a person convicted cannot pa
for the same, the will follow the
abovementioned "uidelines with re"ard to
pament.
&rt. AL. Death) ,ts accessor penalties" 7 :he
'eath "enalt$/ when it i not execute' #$
reaon o& commutation or "ar'on hall carr$
with it that o& "er"etual a#olute
'i*uali&ication an' that o& civil inter'iction
'uring thirt$ $ear &ollowing the 'ate
entence/ unle uch acceor$ "enaltie
have #een ex"rel$ remitte' in the "ar'on.
: *his has been abolished, so, at some point no
lon"er applicable. &lthou"h it is still included in
the 1/C, it is respected as a resource.
&rt. A1. Reclusion perpetua an! reclusion
temporal) -heir accessor penalties" 7 :he
"enaltie o& recluion "er"etua an' recluion
tem"oral hall carr$ with them that o& civil
inter'iction &or li&e or 'uring the "erio' o& the
entence a the cae ma$ #e/ an' that o&
"er"etual a#olute 'i*uali&ication which the
o&&en'er hall u&&er even though "ar'one' a
to the "rinci"al "enalt$/ unle the ame hall
have #een ex"rel$ remitte' in the "ar'on.
&rt. A). Prision maor) ,ts accessor
penalties" 7 :he "enalt$ o& "riion ma$or/
hall carr$ with it that o& tem"orar$ a#olute
'i*uali&ication an' that o& "er"etual "ecial
'i*uali&ication &rom the right o& u&&rage
which the o&&en'er hall u&&er although
"ar'one' a to the "rinci"al "enalt$/ unle
the ame hall have #een ex"rel$ remitte'
in the "ar'on.
&rt. A3. Prision correccional) ,ts accessor
penalties" 7 :he "enalt$ o& "riion
correccional hall carr$ with it that o&
u"enion &rom "u#lic o&&ice/ &rom the right
to &ollow a "ro&eion or calling/ an' that o&
"er"etual "ecial 'i*uali&ication &rom the
right o& u&&rage/ i& the 'uration o& ai'
im"rionment hall excee' eighteen month.
:he o&&en'er hall u&&er the 'i*uali&ication
"rovi'e' in the article although "ar'one' a
to the "rinci"al "enalt$/ unle the ame hall
have #een ex"rel$ remitte' in the "ar'on.
&rt. AA. Arresto) ,ts accessor penalties" 7
:he "enalt$ o& arreto hall carr$ with it that
o& u"enion o& the right too hol' o&&ice an'
the right o& u&&rage 'uring the term o& the
entence.
&rt. A.. 'onfiscation an! forfeiture of the
procee!s or instruments of the crime" 7 4ver$
"enalt$ im"oe' &or the commiion o& a
&elon$ hall carr$ with it the &or&eiture o& the
"rocee' o& the crime an' the intrument or
tool with which it wa committe'.
Such "rocee' an' intrument or tool hall
#e con&icate' an' &or&eite' in &avor o& the
+overnment/ unle the$ #e "ro"ert$ o& a
thir' "eron not lia#le &or the o&&ene/ #ut
thoe article which are not u#3ect o& law&ul
commerce hall #e 'etro$e'.
&rt. AC. Penalt to be impose! upon
principals in general" 7 :he "enalt$
"recri#e' #$ law &or the commiion o& a
&elon$ hall #e im"oe' u"on the "rinci"al in
the commiion o& uch &elon$.
>henever the law "recri#e a "enalt$ &or a
&elon$ i general term/ it hall #e un'ertoo'
a a""lica#le to the conummate' &elon$.
: *his means, all the crimes have been on the
consummated sta"e.
&rt. AD. ,n $hat cases the !eath penalt shall
not be impose!. 7 :he 'eath "enalt$ hall #e
im"oe' in all cae in which it mut #e
im"oe' un'er exiting law/ exce"t in the
&ollowing cae!
1. >hen the guilt$ "eron #e more than
event$ $ear o& age.
1. >hen u"on a""eal or reviion o& the cae
#$ the Su"reme court/ all the mem#er
thereo& are not unanimou in their voting a
to the "ro"riet$ o& the im"oition o& the 'eath
"enalt$. For the im"oition o& ai' "enalt$ or
&or the con&irmation o& a 3u'gment o& the
in&erior court im"oing the 'eath entence/
the Su"reme Court hall ren'er it 'eciion
"er curiam/ which hall #e igne' #$ all
3utice o& ai' court/ unle ome mem#er or
mem#er thereo& hall have #een 'i*uali&ie'
&rom ta(ing "art in the coni'eration o& the
cae/ in which even the unanimou vote an'
ignature o& onl$ the remaining 3utice hall
#e re*uire'.
: &lthou"h the Beath sentence is no lon"er
commutable, this is to be implemented once a
person is convicted.
&rt. AK. Penalt for comple. crimes" 7 >hen a
ingle act contitute two or more grave or
le grave &elonie/ or when an o&&ene i a
necear$ mean &or committing the other/
the "enalt$ &or the mot eriou crime hall #e
im"oe'/ the ame to #e a""lie' in it
maximum "erio'.
: *his is when a sin"le act, becomes a crime.
:#: In the intention of (eepin" the peace, a
police, fires a "un towards a robber, but since
the bullet did a pro%ectile hittin" another
bstander thereb (illin" two people. 9as there
a comple# crime committed>
&: 8es, there was.
Comple# crime is defined as a sin"le act that
constitutes two or more "rave or less "rave
felonies.
In the "iven case at bar, the police in the
intention of (eepin" the peace, althou"h he
fired the "un at the robber, the bullet did a
pro%ectile which hits a bstander, thus (illin"
them both.
*hus, the police committed a comple# crime.
&rt. AG. Penalt to be impose! upon the
principals $hen the crime committe! is
!ifferent from that inten!e!" 7 ,n cae in
which the &elon$ committe' i 'i&&erent &rom
that which the o&&en'er inten'e' to commit/
the &ollowing rule hall #e o#erve'!
1. ,& the "enalt$ "recri#e' &or the &elon$
committe' #e higher than that corre"on'ing
to the o&&ene which the accue' inten'e' to
commit/ the "enalt$ corre"on'ing to the
latter hall #e im"oe' in it maximum "erio'.
1. ,& the "enalt$ "recri#e' &or the &elon$
committe' #e lower than that corre"on'ing
to the one which the accue' inten'e' to
commit/ the "enalt$ &or the &ormer hall #e
im"oe' in it maximum "erio'.
3. :he rule eta#lihe' #$ the next "rece'ing
"aragra"h hall not #e a""lica#le i& the act
committe' #$ the guilt$ "eron hall alo
contitute an attem"t or &rutration o&
another crime/ i& the law "recri#e a higher
"enalt$ &or either o& the latter o&&ene/ in
which cae the "enalt$ "rovi'e' &or the
attem"te' or the &rutrate' crime hall #e
im"oe' in it maximum "erio'.
: *his is to be imposed on the principal criminal
re"ardless of praeter intentionem 'or the crime
committed is different from what was
intended), the ma#imum is to be imposed.
&rt. .L. Penalt to be impose! upon
principals of a frustrate! crime" 7 :he
"enalt$ next lower in 'egree than that
"recri#e' #$ law &or the conummate' &elon$
hall #e im"oe' u"on the "rinci"al in a
&rutrate' &elon$.
: 1eferrin" to the "raduated scale of penalties,
the penalt to be "iven in frustrated crime is
the ne#t lower in de"ree.
:#: & crime of frustrated rape is committed.
1ape is usuall punishable with 1eclusion
perpetua, but in the case of frustrated rape the
ne#t lower de"ree punishment will be imposed
which is 1eclusion temporal.
&rt .1. Penalt to be impose! upon principals
of attempte! crimes" 7 A "enalt$ lower #$
two 'egree than that "recri#e' #$ law &or
the conummate' &elon$ hall #e im"oe'
u"on the "rinci"al in an attem"t to commit a
&elon$.
: *his punishment sa for e#ample is to be
imposed on attempted rape, then two '))
de"rees lower which is /rision maor.
&rt. .). Penalt to be impose! upon
accomplices in consummate! crime" 7 :he
"enalt$ next lower in 'egree than that
"recri#e' #$ law &or the conummate' hall
#e im"oe' u"on the accom"lice in the
commiion o& a conummate' &elon$.
&rt. .3. Penalt to be impose! upon
accessories to the commission of a
consummate! felon" 7 :he "enalt$ lower #$
two 'egree than that "recri#e' #$ law &or
the conummate' &elon$ hall #e im"oe'
u"on the acceorie to the commiion o& a
conummate' &elon$.
&rt. .A. Penalt to impose! upon accomplices
in a frustrate! crime" 7 :he "enalt$ next
lower in 'egree than "recri#e' #$ law &or the
&rutrate' &elon$ hall #e im"oe' u"on the
accom"lice in the commiion o& a &rutrate'
&elon$.
&rt. ... Penalt to be impose! upon
accessories of a frustrate! crime" 7 :he
"enalt$ lower #$ two 'egree than that
"recri#e' #$ law &or the &rutrate' &elon$
hall #e im"oe' u"on the acceorie to the
commiion o& a &rutrate' &elon$.
&rt. .C. Penalt to be impose! upon
accomplices in an attempte! crime" 7 :he
"enalt$ next lower in 'egree than that
"recri#e' #$ law &or an attem"t to commit a
&elon$ hall #e im"oe' u"on the accom"lice
in an attem"t to commit the &elon$.
&rt. .D. Penalt to be impose! upon
accessories of an attempte! crime" 7 :he
"enalt$ lower #$ two 'egree than that
"recri#e' #$ law &or the attem"te' &elon$
hall #e im"oe' u"on the acceorie to the
attem"t to commit a &elon$.
&rt. .K. A!!itional penalt to be impose!
upon certain accessories" 7 :hoe acceorie
&alling within the term o& "aragra"h 3 o&
Article 1? o& thi Co'e who houl' act with
a#ue o& their "u#lic &unction/ hall u&&er
the a''itional "enalt$ o& a#olute "er"etual
'i*uali&ication i& the "rinci"al o&&en'er hall
#e guilt$ o& a grave &elon$/ an' that o&
a#olute tem"orar$ 'i*uali&ication i& he hall
#e guilt$ o& a le grave &elon$.
&rt. .G. Penalt to be impose! in case of
failure to commit the crime because the
means emploe! or the aims sought are
impossible" 7 >hen the "eron inten'ing to
commit an o&&ene ha alrea'$ "er&orme' the
act &or the execution o& the ame #ut
neverthele the crime wa not "ro'uce' #$
reaon o& the &act that the act inten'e' wa
#$ it nature one o& im"oi#le
accom"lihment or #ecaue the mean
em"lo$e' #$ uch "eron are eentiall$
ina'e*uate to "ro'uce the reult 'eire' #$
him/ the court/ having in min' the ocial
'anger an' the 'egree o& criminalit$ hown #$
the o&&en'er/ hall im"oe u"on him the
"enalt$ o& arreto ma$or or a &ine &rom 1<< to
2<< "eo.
: *his is with connection to impossible crime,
where the crime committed and its wa of
commission is so impossible.
:#: & brother, on the intent of (illin" his
brother, bou"ht a poison for his brother4s food.
@ut the pharmacist "ave him cheese flavor
powder instead, which did not (ill his brother.
9as an impossible crime committed or not>
&: 8es, there was an impossible crime
committed.
&n impossible crime is a commencement of a
crime that the means of committin" it is so
impossible that even with the intent of (illin"
the person did not affect the person instead.
In the case at bar, the brother with an intention
on (illin" his brother bou"ht poison, but instead
was "iven cheese powder thereb not (illin"
him.
&rt. CL. %.ception to the rules establishe! in
Articles /0 to /1" 2 -he pro#isions containe!
in Articles /0 to /1/ incluive/ o& thi Co'e
hall not #e a""lica#le to cae in which the
law ex"rel$ "recri#e the "enalt$ "rovi'e'
&or a &rutrate' or attem"te' &elon$/ or to #e
im"oe' u"on accom"lice or acceorie.
&rt. C1. Rules for gra!uating penalties" 7 For
the "ur"oe o& gra'uating the "enaltie which/
accor'ing to the "roviion o& Article 2< to
2@/ incluive/ o& thi Co'e/ are to #e im"oe'
u"on "eron guilt$ a "rinci"al o& an$
&rutrate' or attem"te' &elon$/ or a
accom"lice or acceorie/ the &ollowing rule
hall #e o#erve'!
1. >hen the "enalt$ "recri#e' &or the &elon$
i ingle an' in'ivii#le/ the "enalt$ next
lower in 'egree hall #e that imme'iatel$
&ollowing that in'ivii#le "enalt$ in the
re"ective gra'uate' cale "recri#e' in
Article @1 o& thi Co'e.
1. >hen the "enalt$ "recri#e' &or the crime
i com"oe' o& two in'ivii#le "enaltie/ or o&
one or more 'ivii#le "enaltie to #e im"oe
to their &ull extent/ the "enalt$ next lower in
'egree hall #e that imme'iatel$ &ollowing the
leer o& the "enaltie "recri#e' in the
re"ective gra'uate' cale.
3. >hen the "enalt$ "recri#e' &or the crime
i com"oe' o& one or two in'ivii#le "enaltie
an' the maximum "erio' o& another 'ivii#le
"enalt$/ the "enalt$ next lower in 'egree
hall #e com"oe' o& the me'ium an'
minimum "erio' o& the "ro"er 'ivii#le
"enalt$ an' the maximum "erio' o& the
"ro"er 'ivii#le "enalt$ an' the maximum
"erio' o& that imme'iatel$ &ollowing in ai'
re"ective gra'uate' cale.
.. when the "enalt$ "recri#e' &or the crime
i com"oe' o& everal "erio'/ corre"on'ing
to 'i&&erent 'ivii#le "enaltie/ the "enalt$
next lower in 'egree hall #e com"oe' o& the
"erio' imme'iatel$ &ollowing the minimum
"recri#e' an' o& the two next &ollowing/
which hall #e ta(en &rom the "enalt$
"recri#e'/ i& "oi#le9 otherwie &rom the
"enalt$ imme'iatel$ &ollowing in the a#ove
mentione' re"ective gra'uate' cale.
2. >hen the law "recri#e a "enalt$ &or a
crime in ome manner not e"eciall$ "rovi'e'
&or in the &our "rece'ing rule/ the court/
"rocee'ing #$ analog$/ hall im"oe
corre"on'ing "enaltie u"on thoe guilt$ a
"rinci"al o& the &rutrate' &elon$/ or o&
attem"t to commit the ame/ an' u"on
accom"lice an' acceorie.
: *his is in connection to the penalties once the
scale has "raduated. :ither the ears "et added
or subtracted.
&rt. C). %ffect of the atten!ance of
mitigating or aggra#ating circumstances an!
of habitual !elinquenc" 7 Mitigating or
aggravating circumtance an' ha#itual
'elin*uenc$ hall #e ta(en into account &or
the "ur"oe o& 'iminihing or increaing the
"enalt$ in con&ormit$ with the &ollowing rule!
1. Aggravating circumtance which in
themelve contitute a crime "eciall$
"uniha#le #$ law or which are inclu'e' #$
the law in 'e&ining a crime an' "recri#ing the
"enalt$ there&or hall not #e ta(en into
account &or the "ur"oe o& increaing the
"enalt$.
1. :he ame rule hall a""l$ with re"ect to
an$ aggravating circumtance inherent in the
crime to uch a 'egree that it mut o&
neceit$ accom"an$ the commiion thereo&.
3. Aggravating or mitigating circumtance
which arie &rom the moral attri#ute o& the
o&&en'er/ or &rom hi "rivate relation with
the o&&en'e' "art$/ or &rom an$ other
"eronal caue/ hall onl$ erve to aggravate
or mitigate the lia#ilit$ o& the "rinci"al/
accom"lice an' acceorie a to whom uch
circumtance are atten'ant.
.. :he circumtance which conit in the
material execution o& the act/ or in the mean
em"lo$e' to accom"lih it/ hall erve to
aggravate or mitigate the lia#ilit$ o& thoe
"eron onl$ who ha' (nowle'ge o& them at
the time o& the execution o& the act or their
coo"eration therein.
2. Aa#itual 'elin*uenc$ hall have the
&ollowing e&&ect!

(a) B"on a thir' conviction the cul"rit hall #e
entence' to the "enalt$ "rovi'e' #$ law &or
the lat crime o& which he #e &oun' guilt$ an'
to the a''itional "enalt$ o& "riion
correccional in it me'ium an' maximum
"erio'9
(#) B"on a &ourth conviction/ the cul"rit hall
#e entence' to the "enalt$ "rovi'e' &or the
lat crime o& which he #e &oun' guilt$ an' to
the a''itional "enalt$ o& "riion ma$or in it
minimum an' me'ium "erio'9 an'
(c) B"on a &i&th or a''itional conviction/ the
cul"rit hall #e entence' to the "enalt$
"rovi'e' &or the lat crime o& which he #e
&oun' guilt$ an' to the a''itional "enalt$ o&
"riion ma$or in it maximum "erio' to
recluion tem"oral in it minimum "erio'.
5otwithtan'ing the "roviion o& thi article/
the total o& the two "enaltie to #e im"oe'
u"on the o&&en'er/ in con&ormit$ herewith/
hall in no cae excee' 3< $ear.
For the "ur"oe o& thi article/ a "eron hall
#e 'eeme' to #e ha#itual 'elin*uent/ i
within a "erio' o& ten $ear &rom the 'ate o&
hi releae or lat conviction o& the crime o&
eriou or le eriou "h$ical in3urie/ ro#o/
hurto/ eta&a or &ali&ication/ he i &oun' guilt$
o& an$ o& ai' crime a thir' time or o&tener.
: *his article pertains to when the a""ravatin"
circumstance is offset b miti"atin"
circumstance and thus the computation is either
commuted or reduced. *his is in the case of
serious phsical in%ur, robber, estafa,
homicide and this is referred to recidivists or
repeat offenders or habitual delin<uents.
&rt. C3. Rules for the application of
in!i#isible penalties" 7 ,n all cae in which
the law "recri#e a ingle in'ivii#le "enalt$/
it hall #e a""lie' #$ the court regar'le o&
an$ mitigating or aggravating circumtance
that ma$ have atten'e' the commiion o& the
'ee'.
,n all cae in which the law "recri#e a
"enalt$ com"oe' o& two in'ivii#le "enaltie/
the &ollowing rule hall #e o#erve' in the
a""lication thereo&!
1. >hen in the commiion o& the 'ee' there
i "reent onl$ one aggravating circumtance/
the greater "enalt$ hall #e a""lie'.
: If the crime committed is in the a""ravatin"
circumstance, the "reater penalt is "iven, this
includes:
1) 1eclusion perpetua
)) 1eclusion temporal
1. >hen there are neither mitigating nor
aggravating circumtance an' there i no
aggravating circumtance/ the leer "enalt$
hall #e a""lie'.
: If both the miti"atin" and a""ravatin" are
missin" in the element of the crime, a lesser
penalt shall be applied. *his pertains to:
1) /rision maor
)) &rresto maor
3) &rresto menor
3. >hen the commiion o& the act i atten'e'
#$ ome mitigating circumtance an' there i
no aggravating circumtance/ the leer
"enalt$ hall #e a""lie'.
: *his is in the presence of a miti"atin"
circumstance but no a""ravatin", a lesser
penalt is to be administered.
.. >hen #oth mitigating an' aggravating
circumtance atten'e' the commiion o& the
act/ the court hall reaona#l$ allow them to
o&&et one another in coni'eration o& their
num#er an' im"ortance/ &or the "ur"oe o&
a""l$ing the "enalt$ in accor'ance with the
"rece'ing rule/ accor'ing to the reult o&
uch com"enation.
: *his is in the case where both are present,
then one can offset the other b either reducin"
the number of ears.
&rt. CA. Rules for the application of penalties
$hich contain three perio!s" 7 ,n cae in
which the "enaltie "recri#e' #$ law contain
three "erio'/ whether it #e a ingle 'ivii#le
"enalt$ or com"oe' o& three 'i&&erent
"enaltie/ each one o& which &orm a "erio' in
accor'ance with the "roviion o& Article @8
an' @@/ the court hall o#erve &or the
a""lication o& the "enalt$ the &ollowing rule/
accor'ing to whether there are or are not
mitigating or aggravating circumtance!
1. >hen there are neither aggravating nor
mitigating circumtance/ the$ hall im"oe
the "enalt$ "recri#e' #$ law in it me'ium
"erio'.
: *his is in case neither the a""ravatin" nor
miti"atin" is present, the medium penalt is
"iven.
1. >hen onl$ a mitigating circumtance i
"reent in the commiion o& the act/ the$
hall im"oe the "enalt$ in it minimum
"erio'.
: In this case, the minimum period 'it ma be
arresto menor or bond) that will be "iven as
punishment to the accused.
3. >hen an aggravating circumtance i
"reent in the commiion o& the act/ the$
hall im"oe the "enalt$ in it maximum
"erio'.
: Grantin" in this case that an a""ravatin"
circumstance was present in the commission of
the crime, ma#imum is to be implemented:
1eclusion perpetua.
.. >hen #oth mitigating an' aggravating
circumtance are "reent/ the court hall
reaona#l$ o&&et thoe o& one cla againt
the other accor'ing to their relative weight.
: In the case at bar, one ma offset the other
"rantin" that both the miti"atin" and
a""ravatin" is present in the commencement of
the crime.
2. >hen there are two or more mitigating
circumtance an' no aggravating
circumtance are "reent/ the court hall
im"oe the "enalt$ next lower to that
"recri#e' #$ law/ in the "erio' that it ma$
'eem a""lica#le/ accor'ing to the num#er an'
nature o& uch circumtance.
: In the case where there two or more
miti"atin" circumstances but no a""ravatin"
present, the court shall impose a lower penalt
than that prescribed b law.
8. >hatever ma$ #e the num#er an' nature o&
the aggravating circumtance/ the court
hall not im"oe a greater "enalt$ than that
"recri#e' #$ law/ in it maximum "erio'.
: Beath ma not be imposed re"ardless of how
a""ravatin" the circumstances are.
@. >ithin the limit o& each "erio'/ the court
hall 'etermine the extent o& the "enalt$
accor'ing to the num#er an' nature o& the
aggravating an' mitigating circumtance an'
the greater an' leer extent o& the evil
"ro'uce' #$ the crime.
: *his is in favor of the "ravit of the crime
commenced b the offender.
&rt. C.. Rule in cases in $hich the penalt is
not compose! of three perio!s" 7 ,n cae in
which the "enalt$ "recri#e' #$ law i not
com"oe' o& three "erio'/ the court hall
a""l$ the rule containe' in the &oregoing
article/ 'ivi'ing into three e*ual "ortion o&
time inclu'e' in the "enalt$ "recri#e'/ an'
&orming one "erio' o& each o& the three
"ortion.
: Instead of doin" three '3) separate periods of
penalt, it will be done consecutivel at the
same time.
&rt. CC. ,mposition of fines" 7 ,n im"oing
&ine the court ma$ &ix an$ amount within
the limit eta#lihe' #$ law9 in &ixing the
amount in each cae attention hall #e given/
not onl$ to the mitigating an' aggravating
circumtance/ #ut more "articularl$ to the
wealth or mean o& the cul"rit.
: -ines that could be accommodated b the
wealth or means of the culprit are to be
ad%usted in case he3she ma not be able to pa.
*his is to be determined b the courts.
&rt. CD. Penalt to be impose! $hen not all
the requisites of e.emption of the fourth
circumstance of Article 34 are present.7
>hen all the con'ition re*uire' in
circumtance 5um#er . o& Article 11 o& thi
Co'e to exem"t &rom criminal lia#ilit$ are not
"reent/ the "enalt$ o& arreto ma$or in it
maximum "erio' to "riion correccional in it
minimum "erio' hall #e im"oe' u"on the
cul"rit i& he hall have #een guilt$ o& a grave
&elon$/ an' arreto ma$or in it minimum an'
me'ium "erio'/ i& o& a le grave &elon$.
: *his is to be "iven on the case of an person
who, while performin" a lawful act with due
care, causes an in%ur b mere accident without
fault or intention of causin" it, as provided b
the /enal Code, under para"raph A of &rt. 1),
then the ma#imum period of arresto maor to
the minimum period of prision correccional is to
be imposed.
&rt. CK. Penalt to be impose! upon a person
un!er eighteen ears of age" 7 >hen the
o&&en'er i a minor un'er eighteen $ear an'
hi cae i one coming un'er the "roviion o&
the "aragra"h next to the lat o& Article ;< o&
thi Co'e/ the &ollowing rule hall #e
o#erve'!
1. B"on a "eron un'er &i&teen #ut over nine
$ear o& age/ who i not exem"te' &rom
lia#ilit$ #$ reaon o& the court having 'eclare'
that he acte' with 'icernment/ a
'icretionar$ "enalt$ hall #e im"oe'/ #ut
alwa$ lower #$ two 'egree at leat than that
"recri#e' #$ law &or the crime which he
committe'.
1. B"on a "eron over &i&teen an' un'er
eighteen $ear o& age the "enalt$ next lower
than that "recri#e' #$ law hall #e im"oe'/
#ut alwa$ in the "ro"er "erio'.
: *his is in connection to offenders who are
minors, but upon reachin" 1K ma be tried as an
adult.
&rt. CG. Penalt to be impose! $hen the
crime committe! is not $holl e.cusable" 7 A
"enalt$ lower #$ one or two 'egree than that
"recri#e' #$ law hall #e im"oe' i& the 'ee'
i not wholl$ excua#le #$ reaon o& the lac(
o& ome o& the con'ition re*uire' to 3uti&$
the ame or to exem"t &rom criminal lia#ilit$
in the everal cae mentione' in Article 11
an' 11/ "rovi'e' that the ma3orit$ o& uch
con'ition #e "reent. :he court hall im"oe
the "enalt$ in the "erio' which ma$ #e
'eeme' "ro"er/ in view o& the num#er an'
nature o& the con'ition o& exem"tion "reent
or lac(ing.
: 9ith connection to Hustifin" Circumstances
and Circumstances which e#empt from criminal
liabilit, the penalt is either one or two de"ree
lower, and ma be imposed onl in the number
and nature of the conditions of e#emption
present or lac(in".
&rt. DL. +uccessi#e ser#ice of sentence" 7
>hen the cul"rit ha to erve two or more
"enaltie/ he hall erve them imultaneoul$
i& the nature o& the "enaltie will o "ermit
otherwie/ the &ollowing rule hall #e
o#erve'!
,n the im"oition o& the "enaltie/ the or'er o&
their re"ective everit$ hall #e &ollowe' o
that the$ ma$ #e execute' ucceivel$ or a
nearl$ a ma$ #e "oi#le/ houl' a "ar'on
have #een grante' a to the "enalt$ or
"enaltie &irt im"oe'/ or houl' the$ have
#een erve' out.
For the "ur"oe o& a""l$ing the "roviion o&
the next "rece'ing "aragra"h the re"ective
everit$ o& the "enaltie hall #e 'etermine'
in accor'ance with the &ollowing cale!
1. )eath/
1. Recluion "er"etua/
3. Recluion tem"oral/
.. -riion ma$or/
2. -riion correccional/chan ro#le virtual law
li#rar$
8. Arreto ma$or/
@. Arreto menor/
;. )etierro/
?. -er"etual a#olute 'i*uali&ication/
1< :em"oral a#olute 'i*uali&ication.
11. Su"enion &rom "u#lic o&&ice/ the right to
vote an' #e vote' &or/ the right to &ollow a
"ro&eion or calling/ an'
11. -u#lic cenure.
5otwithtan'ing the "roviion o& the rule
next "rece'ing/ the maximum 'uration o& the
convictC entence hall not #e more than
three-&ol' the length o& time corre"on'ing to
the mot evere o& the "enaltie im"oe'
u"on him. 5o other "enalt$ to which he ma$
#e lia#le hall #e in&licte' a&ter the um total
o& thoe im"oe' e*ual the ame maximum
"erio'.
Such maximum "erio' hall in no cae excee'
&ort$ $ear.
,n a""l$ing the "roviion o& thi rule the
'uration o& "er"etual "enaltie ("ena
"er"etua) hall #e com"ute' at thirt$ $ear.
: *he best rule for this article is the three!fold
rule, where instead of servin" three sentences
at different periods, the all "et served at the
same period at the ma#imum period possible.
:#: & man committin" robber, with (idnappin"
and murder has been sentenced to 1eclusion
perpetua for each crime he has committed. If
ou were the %ud"e presidin" over the case, how
would ou decide over how he should serve his
sentence>
&: -ollowin" the three!fold rule thou"h he has
committed three distinct crimes of different
titles, the man should be servin" the ma#imum
sentence of 1eclusion perpetua or )L ears and
1 da to AL ears. Instead of addin" all three
which are punishable with 1eclusion perpetua
which e<uals 1)L ears, it will be reduced to AL
ears instead.
&rt. D1. 5ra!uate! scales" 7 ,n the cae in
which the law "recri#e' a "enalt$ lower or
higher #$ one or more 'egree than another
given "enalt$/ the rule "recri#e' in Article
81 hall #e o#erve' in gra'uating uch
"enalt$.
:he lower or higher "enalt$ hall #e ta(en
&rom the gra'uate' cale in which i
com"rie' the given "enalt$.
:he court/ in a""l$ing uch lower or higher
"enalt$/ hall o#erve the &ollowing gra'uate'
cale!
SCAL4 5%. 1
1. )eath/
1. Recluion "er"etua/
3. Recluion tem"oral/
.. -riion ma$or/
2. -riion correccional/
8. Arreto ma$or/
@. )etierro/
;. Arreto menor/
?. -u#lic cenure/
1<. Fine.

SCAL4 5%. 1
1. -er"etual a#olute 'i*uali&ication/
1. :em"oral a#olute 'i*uali&ication
3. Su"enion &rom "u#lic o&&ice/ the right to
vote an' #e
vote' &or/ the right to &ollow a "ro&eion or
calling/
.. -u#lic cenure/
2. Fine.
: *he abovementioned scales of penalt shall be
followed when imposin" the punishment on the
accused.
&rt. D). Preference in the pament of the ci#il
liabilities" 7 :he civil lia#ilitie o& a "eron
&oun' guilt$ o& two or more o&&ene hall #e
ati&ie' #$ &ollowing the chronological or'er
o& the 'ate o& the 3u'gment ren'ere'
againt him/ #eginning with the &irt in or'er
o& time.
: *his refers to the pament and civil liabilit of
an individual as to when he or she should pa for
such liabilit be"innin" with the first.
&rt. D3. Presumption in regar! to the
imposition of accessor penalties" 7
>henever the court hall im"oe a "enalt$
which/ #$ "roviion o& law/ carrie with it
other "enaltie/ accor'ing to the "roviion o&
Article .</ .1/ .1/ .3 an' .. o& thi Co'e/ it
mut #e un'ertoo' that the acceor$
"enaltie are alo im"oe' u"on the convict.
: *he provisions of &rt. AL, A1, A), A3 and AA
shall also be imposed on the convict who has
been accessor to the crime.
&rt. DA. Penalt higher than reclusion
perpetua in certain cases" 7 ,n cae in which
the law "recri#e a "enalt$ higher than
another given "enalt$/ without "eciall$
'eignating the name o& the &ormer/ i& uch
higher "enalt$ houl' #e that o& 'eath/ the
ame "enalt$ an' the acceor$ "enaltie o&
Article .</ hall #e coni'ere' a the next
higher "enalt$.
: 7ince the Beath penalt has been abolished,
the ne#t hi"her penalt ne#t to 1eclusion
perpetua, which in this case ma be life
imprisonment 'althou"h we do not sa so), is
ne#t the ne#t possible punishment or the
application of the three!fold rule.
&rt. D.. ,ncreasing or re!ucing the penalt of
fine b one or more !egrees" 7 >henever it
ma$ #e necear$ to increae or re'uce the
"enalt$ o& &ine #$ one or more 'egree/ it
hall #e increae' or re'uce'/ re"ectivel$/
&or each 'egree/ #$ one-&ourth o& the
maximum amount "recri#e' #$ law/ without
however/ changing the minimum.
:he ame rule hall #e o#erve' with regar'
o& &ine that 'o not conit o& a &ixe' amount/
#ut are ma'e "ro"ortional.
: Bependin" on the de"ree of the crime, is the
basis of how the fine must be paid.
&rt. DC. 6egal perio! of !uration of !i#isible
penalties" 7 :he legal "erio' o& 'uration o&
'ivii#le "enaltie hall #e coni'ere' a
'ivi'e' into three "art/ &orming three
"erio'/ the minimum/ the me'ium/ an' the
maximum in the manner hown in the
&ollowing ta#le!
-enaltie R: -M/
A)/
S)
-C/
S/ )
AM Am
4ntiret$ 1)
rs
O 1
da
)L
rs.
C rs
O 1
da
1)
rs
C
mos.
O 1
da
C
rs
1
mon
th O
1
da
C
mos.
1!3L
das
Minimum 1) C rs C 1!) 1!1L
rs
O 1
da
1A
rs
O K
mos.
O 1
da
K
rs
mos.
O 1
da
)
rs
O A
mos.
mos. das
Me'ium 1A
rs
O K
mos.
1D
rs,
A
mos.
K rs
O 1
da
1L
rs
)
rs,
A
mos.
O 1
da
A
rs
O )
mos.
)
mos.
O 1
da
A
mos.
11!
)L
das
Maximum 1D
rs,
A
mos.
O 1
da
)L
rs.
1L
rs
O 1
da
1)
rs
A
rs,
)
mos.
O 1
da
C
rs.
A
mos.
O 1
da
C
mos.
)1!
3L
das
1*01eclusion *emporal /C/rision Correccional
/= /rision =aor 7 !7uspension
&B &bsolute Bis<ualification B ! Bestierro
7B 7pecial Bis<ualification &= &rresto =aor
&m &rresto =enor
&rt. DD. &hen the penalt is a comple. one
compose! of three !istinct penalties" 7 ,n
cae in which the law "recri#e a "enalt$
com"oe' o& three 'itinct "enaltie/ each
one hall &orm a "erio'9 the lightet o& them
hall #e the minimum the next the me'ium/
an' the mot evere the maximum "erio'.
>henever the "enalt$ "recri#e' 'oe not
have one o& the &orm "eciall$ "rovi'e' &or in
thi Co'e/ the "erio' hall #e 'itri#ute'/
a""l$ing #$ analog$ the "recri#e' rule.
: If the crime prescribes three '3) distinct
penalties, each will form one period: minimum,
medium and ma#imum. -rom the li"htest to the
most severe punishment to be imposed on the
accused.
&rt. DK. &hen an! ho$ a penalt is to be
e.ecute!" 7 5o "enalt$ hall #e execute'
exce"t #$ virtue o& a &inal 3u'gment.
A "enalt$ hall not #e execute' in an$ other
&orm than that "recri#e' #$ law/ nor with
an$ other circumtance or inci'ent than
thoe ex"rel$ authoriDe' there#$.
,n a''ition to the "roviion o& the law/ the
"ecial regulation "recri#e' &or the
government o& the intitution in which the
"enaltie are to #e u&&ere' hall #e o#erve'
with regar' to the character o& the wor( to #e
"er&orme'/ the time o& it "er&ormance/ an'
other inci'ent connecte' therewith/ the
relation o& the convict among themelve
an' other "eron/ the relie& which the$ ma$
receive/ an' their 'iet.
:he regulation hall ma(e "roviion &or the
e"aration o& the exe in 'i&&erent
intitution/ or at leat into 'i&&erent
'e"artment an' alo &or the correction an'
re&orm o& the convict.
: *he penalt is to be imposed once final
%ud"ment has been served to the accused.
&rt. DG. +uspension of the e.ecution an!
ser#ice of the penalties in case of insanit" 7
>hen a convict hall #ecome inane or an
im#ecile a&ter &inal entence ha #een
"ronounce'/ the execution o& ai' entence
hall #e u"en'e' onl$ with regar' to the
"eronal "enalt$/ the "roviion o& the econ'
"aragra"h o& circumtance num#er 1 o& Article
11 #eing o#erve' in the corre"on'ing cae.
,& at an$ time the convict hall recover hi
reaon/ hi entence hall #e execute'/ unle
the "enalt$ hall have "recri#e' in
accor'ance with the "roviion o& thi Co'e.
:he re"ective "roviion o& thi ection hall
alo #e o#erve' i& the inanit$ or im#ecilit$
occur while the convict i erving hi
entence.
: If durin" the entiret of the sentence, an
accused becomes insane or an imbecile, his
sentence will be commuted, and should his
sanit re"ain, will his sentence resume. ?nl in
these special cases will the sentence be
commuted.
&rt. KL. +uspension of sentence of minor
!elinquents" 7 >henever a minor o& either
ex/ un'er ixteen $ear o& age at the 'ate o&
the commiion o& a grave or le grave &elon$/
i accue' thereo&/ the court/ a&ter hearing
the evi'ence in the "ro"er "rocee'ing/
intea' o& "ronouncing 3u'gment o&
conviction/ hall u"en' all &urther
"rocee'ing an' hall commit uch minor to
the cuto'$ or care o& a "u#lic or "rivate/
#enevolent or charita#le intitution/
eta#lihe' un'er the law o& the care/
correction or e'ucation o& or"hane'/
homele/ 'e&ective/ an' 'elin*uent chil'ren/
or to the cuto'$ or care o& an$ other
re"oni#le "eron in an$ other "lace u#3ect
to viitation an' u"erviion #$ the )irector o&
-u#lic >el&are or an$ o& hi agent or
re"reentative/ i& there #e an$/ or otherwie
#$ the u"erinten'ent o& "u#lic chool or hi
re"reentative/ u#3ect to uch con'ition a
are "recri#e' herein #elow until uch minor
hall have reache' hi ma3orit$ age or &or uch
le "erio' a the court ma$ 'eem "ro"er.
:he court/ in committing ai' minor a
"rovi'e' a#ove/ hall ta(e into coni'eration
the religion o& uch minor/ hi "arent or next
o& (in/ in or'er to avoi' hi commitment to
an$ "rivate intitution not un'er the control
an' u"erviion o& the religiou ect or
'enomination to which the$ #elong.
:he )irector o& -u#lic >el&are or hi 'ul$
authoriDe' re"reentative or agent/ the
u"erinten'ent o& "u#lic chool or hi
re"reentative/ or the "eron to whoe
cuto'$ or care the minor ha #een
committe'/ hall u#mit to the court ever$
&our month an' a o&ten a re*uire' in
"ecial cae/ a written re"ort on the goo' or
#a' con'uct o& ai' minor an' the moral an'
intellectual "rogre ma'e #$ him.
:he u"enion o& the "rocee'ing againt a
minor ma$ #e exten'e' or hortene' #$ the
court on the recommen'ation o& the )irector
o& -u#lic >el&are or hi authoriDe'
re"reentative or agent/ or the
u"erinten'ent o& "u#lic chool or hi
re"reentative/ accor'ing a to whether the
con'uct o& uch minor ha #een goo' or not
an' whether he ha com"lie' with the
con'ition im"oe' u"on him/ or not. :he
"roviion o& the &irt "aragra"h o& thi article
hall not/ however/ #e a&&ecte' #$ thoe
containe' herein.
,& the minor ha #een committe' to the
cuto'$ or care o& an$ o& the intitution
mentione' in the &irt "aragra"h o& thi
article/ with the a""roval o& the )irector o&
-u#lic >el&are an' u#3ect to uch con'ition
a thi o&&icial in accor'ance with law ma$
'eem "ro"er to im"oe/ uch minor ma$ #e
allowe' to ta$ elewhere un'er the care o& a
re"oni#le "eron.
,& the minor ha #ehave' "ro"erl$ an' ha
com"lie' with the con'ition im"oe' u"on
him 'uring hi con&inement/ in accor'ance
with the "roviion o& thi article/ he hall #e
returne' to the court in or'er that the ame
ma$ or'er hi &inal releae.
,n cae the minor &ail to #ehave "ro"erl$ or
to com"l$ with the regulation o& the
intitution to which he ha #een committe' or
with the con'ition im"oe' u"on him when
he wa committe' to the care o& a re"oni#le
"eron/ or in cae he houl' #e &oun'
incorrigi#le or hi continue' ta$ in uch
intitution houl' #e ina'via#le/ he hall #e
returne' to the court in or'er that the ame
ma$ ren'er the 3u'gment corre"on'ing to
the crime committe' #$ him.
:he ex"ene &or the maintenance o& a minor
'elin*uent con&ine' in the intitution to
which he ha #een committe'/ hall #e #orne
totall$ or "artiall$ #$ hi "arent or relative
or thoe "eron lia#le to u""ort him/ i& the$
are a#le to 'o o/ in the 'icretion o& the
court9 -rovi'e'/ :hat in cae hi "arent or
relative or thoe "eron lia#le to u""ort
him have not #een or'ere' to "a$ ai'
ex"ene or are &oun' in'igent an' cannot
"a$ ai' ex"ene/ the munici"alit$ in which
the o&&ene wa committe' hall "a$ one-thir'
o& ai' ex"ene9 the "rovince to which the
munici"alit$ #elong hall "a$ one-thir'9 an'
the remaining one-thir' hall #e #orne #$ the
5ational +overnment! -rovi'e'/ however/
:hat whenever the Secretar$ o& Finance
certi&ie that a munici"alit$ i not a#le to "a$
it hare in the ex"ene a#ove mentione'/
uch hare which i not "ai' #$ ai'
munici"alit$ hall #e #orne #$ the 5ational
+overnment. Chartere' citie hall "a$ two-
thir' o& ai' ex"ene9 an' in cae a
chartere' cit$ cannot "a$ ai' ex"ene/ the
internal revenue allotment which ma$ #e 'ue
to ai' cit$ hall #e withhel' an' a""lie' in
ettlement o& ai' in'e#te'ne in accor'ance
with ection &ive hun're' an' eight$-eight o&
the A'minitrative Co'e.
: *his article is connected with children in
conflict with the law who has been deemed as a
convict althou"h minorit in a"e. *he
abovementioned article will prevail in cases
such as these.
&rt. K1!K.
: *hese articles pertain to the Beath sentences,
where the burial of the corpse should ta(e
place, or if in case the person to be e#ecuted is
a female 'who in this case ma be pre"nant),
and where the e#ecution will ta(e place.
&rt. KC. Reclusion perpetua, reclusion
temporal, prision maor, prision correccional
an! arresto maor" 7 :he "enaltie o&
recluion "er"etua/ recluion tem"oral/
"riion ma$or/ "riion correccional an'
arreto ma$or/ hall #e execute' an' erve'
in the "lace an' "enal eta#lihment
"rovi'e' #$ the A'minitrative Co'e in &orce
or which ma$ #e "rovi'e' #$ law in the
&uture.
: *his article provides where the convicts
servin" the 1
st
scale of penalties are servin" out
there sentences.
&rt. KD. Destierro" 7 An$ "eron entence' to
'etierro hall not #e "ermitte' to enter the
"lace or "lace 'eignate' in the entence/
nor within the ra'iu therein "eci&ie'/ which
hall #e not more than 12< an' not le than
12 (ilometer &rom the "lace 'eignate'.
: *his article refers to the accused until where
is his %urisdiction if he a""ravated someone.
&rt. KK. Arresto menor" 7 :he "enalt$ o&
arreto menor hall #e erve' in the munici"al
3ail/ or in the houe o& the 'e&en'ant himel&
un'er the urveillance o& an o&&icer o& the
law/ when the court o "rovi'e in it
'eciion/ ta(ing into coni'eration the health
o& the o&&en'er an' other reaon which ma$
eem ati&actor$ to it.
: *his article refers to where the accused will
serve out his sentence should he be imposed
upon the penalt of arresto menor.
&rt. KG. 7o$ criminal liabilit is totall
e.tinguishe!" 7 Criminal lia#ilit$ i totall$
extinguihe'!
1. =$ the 'eath o& the convict/ a to the
"eronal "enaltie an' a to "ecuniar$
"enaltie/ lia#ilit$ there&or i extinguihe'
onl$ when the 'eath o& the o&&en'er occur
#e&ore &inal 3u'gment.
: *his refers to, when the durin" the service of
the sentence, the convict dies, the sentence
dies with him.
1. =$ ervice o& the entence9
: Fpon finishin" the service of the sentence, this
is when the criminal liabilit "ets e#tin"uished.
3. =$ amnet$/ which com"letel$ extinguihe
the "enalt$ an' all it e&&ect9
: &mnest defined: the crime and the sentence
is totall e#tin"uished
.. =$ a#olute "ar'on9
: /ardon defined: it e#cuses the sentence, but
not the liabilit, but in the case of absolute
pardon, everthin" is e#tin"uished.
2. =$ "recri"tion o& the crime9
8. =$ "recri"tion o& the "enalt$9
@. =$ the marriage o& the o&&en'e' woman/ a
"rovi'e' in Article 3.. o& thi Co'e.
: In the case of rape, should the rape victim
marr the rapist, the liabilit of the rapist will
be e#tin"uished.
&rt. GL. Prescription of crime" 7 Crime
"uniha#le #$ 'eath/ recluion "er"etua or
recluion tem"oral hall "recri#e in twent$
$ear.
Crime "uniha#le #$ other a&&lictive "enaltie
hall "recri#e in &i&teen $ear.
:hoe "uniha#le #$ a correctional "enalt$
hall "recri#e in ten $ear9 with the
exce"tion o& thoe "uniha#le #$ arreto
ma$or/ which hall "recri#e in &ive $ear.
:he crime o& li#el or other imilar o&&ene
hall "recri#e in one $ear.
:he crime o& oral 'e&amation an' lan'er #$
'ee' hall "recri#e in ix month.
Light o&&ene "recri#e in two month.
>hen the "enalt$ &ixe' #$ law i a com"oun'
one/ the highet "enalt$ hall #e ma'e the
#ai o& the a""lication o& the rule containe'
in the &irt/ econ' an' thir' "aragra"h o&
thi article.
: *his refers to the crime committed and what
are the ears to be served out.
&rt. G1. 'omputation of prescription of
offenses" 7 :he "erio' o& "recri"tion hall
commence to run &rom the 'a$ on which the
crime i 'icovere' #$ the o&&en'e' "art$/ the
authoritie/ or their agent/ an' hall #e
interru"te' #$ the &iling o& the com"laint or
in&ormation/ an' hall commence to run again
when uch "rocee'ing terminate without the
accue' #eing convicte' or ac*uitte'/ or are
un3uti&ia#l$ to""e' &or an$ reaon not
im"uta#le to him.
:he term o& "recri"tion hall not run when
the o&&en'er i a#ent &rom the -hili""ine
Archi"elago.
: *his article refers to the da when the crime
has been discovered b the authorities and
should the convict flee to another countr, his
term of sentence will be interrupted and would
resume should he come bac( to the /hilippines.
&rt. G). &hen an! ho$ penalties prescribe" 7
:he "enaltie im"oe' #$ &inal entence
"recri#e a &ollow!
1. )eath an' recluion "er"etua/ in twent$
$ear9
1. %ther a&&lictive "enaltie/ in &i&teen $ear9
3. Correctional "enaltie/ in ten $ear9 with
the exce"tion o& the "enalt$ o& arreto ma$or/
which "recri#e in &ive $ear9
.. Light "enaltie/ in one $ear.
&rt. G3. 'omputation of the prescription of
penalties" 7 :he "erio' o& "recri"tion o&
"enaltie hall commence to run &rom the
'ate when the cul"rit houl' eva'e the
ervice o& hi entence/ an' it hall #e
interru"te' i& the 'e&en'ant houl' give
himel& u"/ #e ca"ture'/ houl' go to ome
&oreign countr$ with which thi +overnment
ha no extra'ition treat$/ or houl' commit
another crime #e&ore the ex"iration o& the
"erio' o& "recri"tion.
&rt. GA. Partial %.tinction of criminal
liabilit" 7 Criminal lia#ilit$ i extinguihe'
"artiall$!
1. =$ con'itional "ar'on9
1. =$ commutation o& the entence9 an'
3. For goo' con'uct allowance which the
cul"rit ma$ earn while he i erving hi
entence.
: *his occurs when the person servin" the
sentence has been pardoned, his sentence has
been cut or commuted and he has done "ood
conduct.
&rt. G.. *bligation incurre! b person
grante! con!itional par!on" 7 An$ "eron
who ha #een grante' con'itional "ar'on hall
incur the o#ligation o& com"l$ing trictl$ with
the con'ition im"oe' therein otherwie/ hi
non-com"liance with an$ o& the con'ition
"eci&ie' hall reult in the revocation o& the
"ar'on an' the "roviion o& Article 12? hall
#e a""lie' to him.
: *hose who have been pardoned have to follow
rules so as not to be convicted a"ain.
&rt. GC. %ffect of commutation of sentence" 7
:he commutation o& the original entence &or
another o& a 'i&&erent length an' nature hall
have the legal e&&ect o& u#tituting the latter
in the "lace o& the &ormer.
&rt. GD. Allo$ance for goo! con!uct" 7 :he
goo' con'uct o& an$ "rioner in an$ "enal
intitution hall entitle him to the &ollowing
'e'uction &rom the "erio' o& hi entence!
1. )uring the &irt two $ear o& hi
im"rionment/ he hall #e allowe' a 'e'uction
o& &ive 'a$ &or each month o& goo' #ehavior9
1. )uring the thir' to the &i&th $ear/ incluive/
o& hi im"rionment/ he hall #e allowe' a
'e'uction o& eight 'a$ &or each month o&
goo' #ehavior9
3. )uring the &ollowing $ear until the tenth
$ear/ incluive/ o& hi im"rionment/ he hall
#e allowe' a 'e'uction o& ten 'a$ &or each
month o& goo' #ehavior9 an'
.. )uring the eleventh an' ucceive $ear o&
hi im"rionment/ he hall #e allowe' a
'e'uction o& &i&teen 'a$ &or each month o&
goo' #ehavior.
: *his "oes to show, that for ever "ood
behavior a convict has shown inside the prison
cell, the das in the term of sentence shall be
reduced.
&rt. GK. +pecial time allo$ance for loalt" 7
A 'e'uction o& one-&i&th o& the "erio' o& hi
entence hall #e grante' to an$ "rioner
who/ having eva'e' the ervice o& hi
entence un'er the circumtance mentione'
in Article 2; o& thi Co'e/ give himel& u" to
the authoritie within .; hour &ollowing the
iuance o& a "roclamation announcing the
"aing awa$ o& the calamit$ or catatro"he to
in ai' article.
: *his occurs when a convict "ives himself up
after fort!ei"ht 'AK) hours. $is sentence "ets
commuted and 13.
th
of the sentence is removed.
&rt. GG. &ho grants time allo$ances" 7
>henever law&ull$ 3uti&ie'/ the )irector o&
-rion hall grant allowance &or goo'
con'uct. Such allowance once grante' hall
not #e revo(e'.
: It is the Birector of /risons who "rants the
allowance for ever "ood conduct.
&rt. 1LL. 'i#il liabilit of a person guilt of
felon" 7 4ver$ "eron criminall$ lia#le &or a
&elon$ i alo civill$ lia#le.
: It is true for those who has a criminal liabilit
has a civil liabilit 'a"ainst persons, thin" or
moral as dictated b &rt. 1G, )L and )1 of the
Civil Code).
&rt. 1L1. Rules regar!ing ci#il liabilit in
certain cases" 7 :he exem"tion &rom criminal
lia#ilit$ eta#lihe' in u#'iviion 1/ 1/ 3/ 2
an' 8 o& Article 11 an' in u#'iviion . o&
Article 11 o& thi Co'e 'oe not inclu'e
exem"tion &rom civil lia#ilit$/ which hall #e
en&orce' u#3ect to the &ollowing rule!
Firt. ,n cae o& u#'iviion 1/ 1/ an' 3 o&
Article 11/ the civil lia#ilit$ &or act
committe' #$ an im#ecile or inane "eron/
an' #$ a "eron un'er nine $ear o& age/ or #$
one over nine #ut un'er &i&teen $ear o& age/
who ha acte' without 'icernment/ hall
'evolve u"on thoe having uch "eron un'er
their legal authorit$ or control/ unle it
a""ear that there wa no &ault or negligence
on their "art.
Shoul' there #e no "eron having uch inane/
im#ecile or minor un'er hi authorit$/ legal
guar'ianhi" or control/ or i& uch "eron #e
inolvent/ ai' inane/ im#ecile/ or minor hall
re"on' with their own "ro"ert$/ exce"ting
"ro"ert$ exem"t &rom execution/ in
accor'ance with the civil law.
Secon'. ,n cae &alling within u#'iviion . o&
Article 11/ the "eron &or whoe #ene&it the
harm ha #een "revente' hall #e civill$ lia#le
in "ro"ortion to the #ene&it which the$ ma$
have receive'.
:he court hall 'etermine/ in oun'
'icretion/ the "ro"ortionate amount &or
which each one hall #e lia#le.
>hen the re"ective hare cannot #e
e*uita#l$ 'etermine'/ even a""roximatel$/ or
when the lia#ilit$ alo attache to the
+overnment/ or to the ma3orit$ o& the
inha#itant o& the town/ an'/ in all event/
whenever the 'amage have #een caue' with
the conent o& the authoritie or their agent/
in'emni&ication hall #e ma'e in the manner
"recri#e' #$ "ecial law or regulation.
:hir'. ,n cae &alling within u#'iviion 2
an' 8 o& Article 11/ the "eron uing violence
or cauing the &ear hall #e "rimaril$ lia#le
an' econ'aril$/ or/ i& there #e no uch
"eron/ thoe 'oing the act hall #e lia#le/
aving alwa$ to the latter that "art o& their
"ro"ert$ exem"t &rom execution.
: 7till this is in connection to &rts. 1G!)1 of the
Civil Code of the /hilippines.
&rt. 1L). +ubsi!iar ci#il liabilit of
inn(eepers, ta#ern(eepers an! proprietors of
establishments" 7 ,n 'e&ault o& the "eron
criminall$ lia#le/ inn(ee"er/ tavern(ee"er/
an' an$ other "eron or cor"oration hall #e
civill$ lia#le &or crime committe' in their
eta#lihment/ in all cae where a violation
o& munici"al or'inance or ome general or
"ecial "olice regulation hall have #een
committe' #$ them or their em"lo$ee.
,nn(ee"er are alo u#i'iaril$ lia#le &or the
retitution o& goo' ta(en #$ ro##er$ or the&t
within their houe &rom guet lo'ging
therein/ or &or the "a$ment o& the value
thereo&/ "rovi'e' that uch guet hall have
noti&ie' in a'vance the inn(ee"er himel&/ or
the "eron re"reenting him/ o& the 'e"oit o&
uch goo' within the inn9 an' hall
&urthermore have &ollowe' the 'irection
which uch inn(ee"er or hi re"reentative
ma$ have given them with re"ect to the care
an' vigilance over uch goo'. 5o lia#ilit$
hall attach in cae o& ro##er$ with violence
againt or intimi'ation o& "eron unle
committe' #$ the inn(ee"erC em"lo$ee.
: In business establishments, the mana"er or
owner is liable civill if anthin" went missin" or
was stolen. 7ame "oes with the staff of the
mana"er, if the committed a crime, the
mana"er is held liable for their crimes.
&rt. 1L3. +ubsi!iar ci#il liabilit of other
persons" 7 :he u#i'iar$ lia#ilit$ eta#lihe'
in the next "rece'ing article hall alo a""l$
to em"lo$er/ teacher/ "eron/ an'
cor"oration engage' in an$ (in' o& in'utr$
&or &elonie committe' #$ their ervant/
"u"il/ wor(men/ a""rentice/ or em"lo$ee
in the 'icharge o& their 'utie.
: It is also applicable to emploers, teachers,
persons and dischar"es.
&rt. 1LA. &hat is inclu!e! in ci#il liabilit" 7
:he civil lia#ilit$ eta#lihe' in Article 1<</
1<1/ 1<1/ an' 1<3 o& thi Co'e inclu'e!
1. Retitution9
1. Re"aration o& the 'amage caue'9
3. ,n'emni&ication &or cone*uential 'amage.
&rt. 1L.. Restitution) 7o$ ma!e" 7 :he
retitution o& the thing itel& mut #e ma'e
whenever "oi#le/ with allowance &or an$
'eterioration/ or 'iminution o& value a
'etermine' #$ the court.
:he thing itel& hall #e retore'/ even though
it #e &oun' in the "oeion o& a thir' "eron
who ha ac*uire' it #$ law&ul mean/ aving to
the latter hi action againt the "ro"er
"eron/ who ma$ #e lia#le to him.
:hi "roviion i not a""lica#le in cae in
which the thing ha #een ac*uire' #$ the
thir' "eron in the manner an' un'er the
re*uirement which/ #$ law/ #ar an action &or
it recover$.
: *he return of the value of such stolen ob%ect.
?r if it has sentimental value, ou must return
the same or hi"her value.
:#: & man who in e#chan"e for transportation
too( a pin of inestimable value from a woman
and her famil. &nd because of that the were
(illed in the "as chambers. 7hould the ne#t of
(in have a ri"ht on the pin>
&: 8es, the ne#t of (in has a ri"ht.
If in an wa, an ob%ect of value ta(en b force
from a person should be returned to the ne#t of
(in, should the person pass on to the ne#t life.
In the case at bar, a pin of inestimable value
was ta(en from a woman and his famil, in
e#chan"e the had to die in the "as chambers,
her ne#t of (in is claimin" for the pin, and since
she has passed awa, the ne#t of (in has a ri"ht
to the pin.
&rt. 1LC. Reparation) 7o$ ma!e" 7 :he court
hall 'etermine the amount o& 'amage/ ta(ing
into coni'eration the "rice o& the thing/
whenever "oi#le/ an' it "ecial entimental
value to the in3ure' "art$/ an' re"aration
hall #e ma'e accor'ingl$.
: 9hen the ob%ect ta(en is dama"ed, one must
have it repaired to its ori"inal value.
&rt. 1LD. ,n!emnification) &hat is inclu!e!" 7
,n'emni&ication &or cone*uential 'amage
hall inclu'e not onl$ thoe caue' the
in3ure' "art$/ #ut alo thoe u&&ere' #$ hi
&amil$ or #$ a thir' "eron #$ reaon o& the
crime.
: *his includes pain" to the famil of the
person whom the dama"e has been brou"ht it
upon.
&rt. 1LK. *bligation to ma(e restoration,
reparation for !amages, or in!emnification
for consequential !amages an! actions to
!eman! the same) 8pon $hom it !e#ol#es" 7
:he o#ligation to ma(e retoration or
re"aration &or 'amage an' in'emni&ication
&or cone*uential 'amage 'evolve u"on the
heir o& the "eron lia#le.
:he action to 'eman' retoration/ re"aration/
an' in'emni&ication li(ewie 'ecen' to the
heir o& the "eron in3ure'.
: *his is to the heirs of the person to whom the
dama"e has been brou"ht upon, all obli"ations
of repair, indemnification and restoration.
&rt. 1LG. +hare of each person ci#ill liable" 7
,& there are two or more "eron civill$ lia#le
&or a &elon$/ the court hall 'etermine the
amount &or which each mut re"on'.
: :ach person who is civill liable must pa an
amount as determined b the courts.
&rt. 11L. +e#eral an! subsi!iar liabilit of
principals, accomplices an! accessories of a
felon) Preference in pament" 7
5otwithtan'ing the "roviion o& the next
"rece'ing article/ the "rinci"al/ accom"lice/
an' acceorie/ each within their re"ective
cla/ hall #e lia#le everall$ (in oli'um)
among themelve &or their *uota/ an'
u#i'iarie &or thoe o& the other "eron
lia#le.
:he u#i'iar$ lia#ilit$ hall #e en&orce'/ &irt
againt the "ro"ert$ o& the "rinci"al9 next/
againt that o& the accom"lice/ an'/ latl$/
againt that o& the acceorie.
>henever the lia#ilit$ in oli'um or the
u#i'iar$ lia#ilit$ ha #een en&orce'/ the
"eron #$ whom "a$ment ha #een ma'e hall
have a right o& action againt the other &or
the amount o& their re"ective hare.
&rt. 111. *bligation to ma(e restitution in
certain cases" 7 An$ "eron who ha
"artici"ate' gratuitoul$ in the "rocee' o& a
&elon$ hall #e #oun' to ma(e retitution in
an amount e*uivalent to the extent o& uch
"artici"ation.
: -or accomplices who too( part in a commission
of the crime is liable as well and must pa that
which is paable.
&rt. 11). %.tinction of ci#il liabilit" 7 Civil
lia#ilit$ eta#lihe' in Article 1<</ 1<1/ 1<1/
an' 1<3 o& thi Co'e hall #e extinguihe' in
the ame manner a o#ligation/ in accor'ance
with the "roviion o& the Civil Law.
: Civil liabilit is e#tin"uished accordin" with the
provisions of the Civil Law.
&rt. 113. *bligation to satisf ci#il liabilit" 7
4xce"t in cae o& extinction o& hi civil lia#ilit$
a "rovi'e' in the next "rece'ing article the
o&&en'er hall continue to #e o#lige' to ati&$
the civil lia#ilit$ reulting &rom the crime
committe' #$ him/ notwithtan'ing the &act
that he ha erve' hi entence coniting o&
'e"rivation o& li#ert$ or other right/ or ha
not #een re*uire' to erve the ame #$
reaon o& amnet$/ "ar'on/ commutation o&
entence or an$ other reaon.
: If the person4s civil liabilit is not et
e#tin"uished then his obli"ation to pa for such
liabilit "oes on until it has been satisfied.
Act no. .<13 ,n'eterminate Sentence Law
(,SLA>)
*hree '3) thin"s to (now about the
Indeterminate 7entence Law:
1) Its purpose;
)) Instances when it does not appl; and
3) $ow it operates
Indeterminate 7entence Law "overns whether
the crime is punishable under the 1evised /enal
Code or a special Law. It is not limited to
violations of the 1evised /enal Code.
*he purpose of the Indeterminate 7entence law
is to avoid prolon"ed imprisonment, because it
is proven to be more destructive than
constructive to the offender. 7o, the purpose of
the Indeterminate 7entence Law in shortenin"
the possible detention of the convict in %ail is to
save valuable human resources.
In determinin" the applicable penalt accordin"
to the Indeterminate 7entence Law, there is no
need to mention the number of ears, months
and das; it is enou"h that the name of the
penalt is mentioned while the Indeterminate
7entence Law is applied.
Crimes punished under special law carr onl
one penalt; there are no de"ree or periods.
=oreover, crimes under special law do not
consider miti"atin" or a""ravatin" circumstance
present in the commission of the crime.
Disqualification may be divided into three,
according to
'1) *he time committed;
')) *he penalt imposed; and
'3) *he offender involved.
The Indeterminate Sentence a! shall not apply
to"
'1) /ersons convicted of offense punishable
with death penalt or life imprisonment;
')) /ersons convicted of treason,
conspirac or proposal to commit treason;
'3) /ersons convicted of misprision of
treason, rebellion, sedition, espiona"e;
'A) /ersons convicted of pirac;
'.) /ersons who are habitual delin<uents;
'C) /ersons who shall have escaped from
confinement or evaded sentence;
'D) *hose who have been "ranted
conditional pardon b the Chief :#ecutive and
hall have violated the term thereto;
'K) *hose whose ma#imum term of
imprisonment does not e#ceed one ear, but not
to those alread sentenced b final %ud"ment at
the time of the approval of Indeterminate
7entence Law.
-rei'ential )ecree 5o. ?8; (-ro#ation Law)
/robation is a manner of disposin" of an accused
who have been convicted b a trial court b
placin" him under supervision of a probation
officer, under such terms and conditions that
the court ma fi#. *his ma be availed of
before the convict be"ins servin" sentence b
final %ud"ment and provided that he did not
appeal anmore from conviction.
9ithout re"ard to the nature of the crime, onl
those whose penalt does not e#ceed si# ears
of imprisonment are those <ualified for
probation. If the penalt is si# ears plus one
da, he is no lon"er <ualified for probation.
If the offender was convicted of several offenses
which were tried %ointl and one decision was
rendered where multiple sentences imposed
several prison terms as penalt, the basis for
determinin" whether the penalt dis<ualifies
the offender from probation or not is the term
of the individual imprisonment and not the
totalit of all the prison terms imposed in the
decision. 7o even if the prison term would sum
up to more than si# ears, if none of the
individual penalties e#ceeds si# ears, the
offender is not dis<ualified b such penalt from
applin" for probation.
:#: =a a recidivist be "iven the benefit of
/robation Law>
&: &s a "eneral rule, no.
:#ception: If the earlier conviction refers to a
crime the penalt of which does not e#ceed 3L
das imprisonment or a fine of not more than
/)LL.LL, such convict is not dis<ualified of the
benefit of probation. 7o even if he would be
convicted subse<uentl of a crime embraced in
the same title of the 1evised /enal Code as that
of the earlier conviction, he is not dis<ualified
from probation provided that the penalt of the
current crime committed does not "o beond si#
ears and the nature of the crime committed b
him is not a"ainst public order, national securit
or subversion.
&lthou"h a person ma be eli"ible for probation,
the moment he perfects an appeal from the
%ud"ment of conviction, he cannot avail of
probation anmore. 7o the benefit of probation
must be invo(ed at the earliest instance after
conviction. $e should not wait up to the time
when he interposes an appeal or the sentence
has become final and e#ecutor. *he idea is
that probation has to be invo(ed at the earliest
opportunit.
Probation shall be !enie! if the court fin!s9
'1) *hat the offender is in need of
correctional treatment that can be provided
most effectivel b his commitment to an
institution;
')) *hat there is undue ris( that durin" the
period of probation the offender will commit
another crime; or
'3) /robation will depreciate the
seriousness of the crime.
-he probation la$ imposes t$o (in!s of
con!itions9
'1) =andator conditions; and
')) Biscretionar conditions.
Man!ator con!itions9
'1) *he convict must report to the
/robation ?fficer '/?) desi"nated in the court
order approvin" his application for /robation
within D) hours from receipt of 2otice of such
order approvin" his application; and
')) *he convict, as a probationer, must
report to the /? at least once a month durin"
the period of probation unless sooner re<uired
b the /?.
*hese conditions bein" mandator, the moment
an of these is violate, the probation is
cancelled.
Biscretionar conditions:
*he trial court which approved the application
for probation ma impose an condition which
ma be constructive to the correction of the
offender, provided the same would not violate
the constitutional ri"hts of the offender and
sub%ect to this two restrictions: '1) the
conditions imposed should not be undul
restrictive of the probationer; and ')) such
condition should not be incompatible with the
freedom of conscience of the probationer.