'()*)%+, ,+- that branch or dIvIsIon of law whIch defInes crImes, treats of theIr nature and provIdes for theIr punIshment.
'.+(+'/&()0/)'0 "1 '()*)%+, ,+- 1. 2&%&(+, 3 It Is bIndIng on all persons who lIve or sojourn In the PhIlIppIne terrItory (Art. 14, NCC) &4'&5/)"%06 a) Treaty stIpulatIons b) Laws of preferentIal applIcatIon c) PrIncIples of PublIc nternatIonal Law. The ]ollowny persons cre exempted: a. SovereIgns and other chIef of state b. Ambassadors,mInIsters, plenIpotentIary, mInIster resIdent and charges daffaires.
Consuls, vIceconsuls and other commercIal representatIves of foreIgn natIon cannot claIm the prIvIleges and ImmunItIes accorded to ambassadors and mInIsters.
2. /&(()/"()+, penal laws of the PhIlIppInes are enforceable only wIthIn Its terrItory. &4'&5/)"%06 (Art. 2, FPC) I.e., enforceable even outsIde PhIlIppIne terrItory. 1) Dffense commItted whIle on a PhIlIppIne shIp or aIrshIp 2) ForgIng or counterfeItIng any coIn or currency note of the PhIlIppInes or oblIgatIons and securItIes Issued by the Covernment. J) ntroductIon Into the country of the abovementIoned oblIgatIons and securItIes. 4) WhIle beIng publIc offIcers or employees should commIt an offense In the exercIse of theIr functIons. 5) Should commIt any of the crImes agaInst natIonal securIty and the law of natIons defIned In TItle Dne of 8ook Two. &4'&5/)"% /" /.& &4'&5/)"%6 Penal laws not applIcable wIthIn or wIthout PhIlIppIne terrItory If so provIded In treatIes and laws of preferentIal applIcatIon. (Art.2, FPC)
J. 5("05&'/)7& 2&%&(+, (8,&: Penal laws cannot make an act punIshable In a manner In whIch It was not punIshable when commItted. &4'&5/)"%6 (It may be applIed retroactIvely) When the new law Is favorable to the accused. &4'&5/)"% /" /.& &4'&5/)"% a) The new law Is expressly made InapplIcable to pendIng actIons or exIstIng causes of actIons. b) Dffender Is a habItual crImInal.
,)*)/+/)"%0 "% /.& 5"-&( "1 '"%2(&00 /" &%+'/ 5&%+, ,+-06 1. No ex post facto law shall be enacted 2. No bIll of attaInder shall be enacted J. No law that vIolates equal protectIon clause of the constItutIon shall be enacted 4. No law whIch Imposes cruel and unusual punIshments nor excessIve fInes shall be enacted.
/.&"()&0 )% '()*)%+, ,+- 1. ClassIcal Theory basIs of crImInal lIabIlIty Is human free wIll. Under thIs theory, the purpose of penalty Is retrIbutIon. The FPC Is generally governed by thIs theory. 2. PosItIvIst Theory basIs of crImInal lIabIlIty Is the sum of the socIal and economIc phenomena to whIch the actor Is exposed whereIn preventIon and correctIon Is the purpose of penalty. ThIs theory Is exemplIfIed In the provIsIons regardIng ImpossIble crImes and habItual delInquency. J. EclectIc or |Ixed Theory combInatIon of posItIvIst and classIcal thInkIng whereIn crImes that are economIc and socIal In nature should be dealt In a posItIve manner; thus, the law Is more compassIonate.
5(&,)*)%+(9 /)/,&
+(/: ; +55,)'+/)"% "1 )/0 5("7)0)"%0
(8,&0 "% 7&00&,06 1.) PhIlIppIne vessel or aIrcraft. |ust be understood as that whIch Is regIstered In the PhIlIppIne 8ureau of Customs.
2.) Dn ForeIgn |erchant 7essels &%2,)0. (8,&6 CrImes commItted aboard a vessel wIthIn the terrItorIal waters of a country <=> ?=@<AB> In the courts of such country. 0 !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) EXCEPTDN: When the crImes merely affect thIngs wIthIn the vessel or when they only refer to the Internal management thereof.
1(&%'. (8,&6 CENEFAL FULE: CrImes commItted aboard vessel wIthIn the terrItorIal waters of a country are CD? ?=@<AB> In the courts of saId country. EXCEPTDN: When theIr commIssIon affects the peace and securIty of the terrItory or when the safety of the state Is endangered.
n the PhIlIppInes, we follow the EnglIsh Fule.
n the case of a foreIgn warshIp, the same Is not subject to terrItorIal laws.
1>BDC@>H are acts or omIssIons punIshable by the FPC.
&,&*&%/0 "1 1&,"%)&0 I2&%&(+,M 1. there must be an act or omIssIon Ie, there must be external acts. 2. the act or omIssIon must be punIshable by the FPC. J. the act Is performed or the omIssIon Incurred by means of dolo or culpa.
NULLUM CRIMEN, NU,,+ 5"&%+ 0)%& LEGE 3 there Is no crIme where there Is no law punIshIng It.
1. )C?>C?@DC<B 1>BDC@>H the act Is performed wIth delIberate Intent or malIce. (>NO@H@?>H DP E"," D= *+,)'&: a. Freedom b. ntellIgence c. CrImInal ntent
*@H?<Q> DP 1<R? Is a mIsapprehensIon of fact on the part of the person causIng Injury to another. Such person Is not crImInally lIable as he acted wIthout crImInal Intent.
(>NO@H@?>H DP S@H?<Q> DP P<R? <H < T>P>CH>6 a. That the act done would have been lawful had the facts been as the accused belIeved them to be. b. That the IntentIon of the accused In performIng the act should be lawful. c. That the mIstake must be wIthout fault or carelessness on the part of the accused.
2. 'OBG<AB> 1>BDC@>H 3 performed wIthout malIce. (>NO@H@?>H DP '8,5+6 a. Freedom b. ntellIgence c. NeglIgence and mprudence
FEASDN FDF PUNSHNC ACTS DF NECLCENCE: A man must use common sense and exercIse due reflectIon In all hIs acts; It Is hIs duty to be cautIous, careful and prudent.
*<B< 5=DF@A@?< the class of crImes punIshable by SPECAL LAWS and where crImInal Intent Is not, as a rule, necessary, It beIng suffIcIent that the offender has the Intent to perpetrate the act prohIbIted by the specIal law.
*+,+ )% 0& UH: *+,+ 5(".)!)/+
*+,+ )% 0& *+,+ 5(".)!)/+ 1. As to moral traIt of the offender The moral traIt Is consIdered. LIabIlIty wIll arIse only when there Is dolo or culpa. The moral traIt of the offender Is not consIdered. t Is enough that the prohIbIted act was voluntarIly done.
2. As to use of good faIth as a defense
Cood faIth or lack of crImInal Intent Is a valId defense; unless the crIme Is the result of culpa. Cood faIth Is not a defense. J. As to degree of accom plIsh ment of the crIme
The degree of accomplIshment of the crIme Is taken Into account In punIshIng the offender. The act gIves rIse to a crIme only when It Is consummated. !"# %&'" ()**&+& ), -". S
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. 4. As to mItIgatI ng and aggravat Ing cIrcum stances |ItIgatIng and aggravatIng cIrcumstances are taken Into account In ImposIng the penalty. |ItIgatIng and aggravatIng cIrcumstances are generally not taken Into account. 5. As to degree of partIcI patIon When there Is more than one offender, the degree of partIcIpatIon of each In the commIssIon of the crIme Is taken Into account. 0egree of partIcIpatIon Is generally not taken Into account. All who partIcIpated In the act are punIshed to the same extent.
6. As to what laws are vIolated 7IolatIon of the FPC (Ceneral rule) 7IolatIon of SpecIal Laws (Ceneral rule)
)C?>C? T@H?@CVO@HF>T P=DS *D?@U> )%/&%/ *"/)7& 1. s the purpose to use a partIcular means to effect such result 1. s the movIng power whIch Impels one to act 2. s an element of the crIme, except In unIntentIonal felonIes (culpable) 2. s NDT an element of the crIme J. s essentIal In IntentIonal felonIes J. s essentIal only when the IdentIty of the perpetrator Is In doubt
+(/: W '()*)%+, ,)+!),)/9
5+(: K 3 '=@S@C<B ,@<A@B@?X PD= < P>BDCX T@PP>=>C? P=DS ?F<? @C?>CT>T ?D A> RDSS@??>T
(&Y8)0)/&06 a) That an IntentIonal felony has been commItted. b) That the wrong done to the aggrIeved party be the dIrect, natural and logIcal consequence of the felony commItted.
5("4)*+/& '+80& that cause, whIch, In the natural and contInuous sequence, unbroken by any effIcIent IntervenIng cause, produces the Injury wIthout whIch the result would not have occurred.
/FOHZ ?F> G>=HDC @H H?@BB R=@S@C<BBX B@<AB> @C6 1. Error In personae mIstake In the IdentIty of the vIctIm. 2. AbberatIo Ictus mIstake In the blow. J. Praeter IntentIonem lack of Intent to commIt so grave a wrong.
5+(: ; I)*5"00)!,& '()*&M (&Y8)0)/&06 a) That the act performed would be an offense agaInst persons or property. b) That the act was done wIth evIl Intent. c) That Its accomplIshment Is Inherently ImpossIble, or that the means employed Is eIther Inadequate or Ineffectual. d) That the act performed should not constItute a vIolatIon of another provIsIon of the FPC.
0/+2&0 "1 &4&'8/)"%6 1. '"%08**+/&E 1&,"%9 When all the elements necessary for Its executIon and accomplIshment are present.
2. 1(80/(+/&E 1&,"%9 &,&*&%/06 a) The offender performs all the acts of executIon. b) All the acts performed would produce the felony as a consequence. c) 8ut the felony Is not produced. d) 8y the reason of causes Independent of the wIll of the perpetrator.
J. +//&*5/&E 1&,"%9 &,&*&%/06 a) The offender commences the commIssIon of the felony dIrectly by overt acts. b) He does not perform all the acts of executIon whIch should produce the felony. c) The offenders acts are not stopped by hIs own spontaneous desIstance.
E&0)0/+%'& Is an absolutory cause whIch negates crImInal lIabIlIty because the law encourages a person to desIst from commIttIng a crIme. T !""# "#$%&'()*#+ ,'& -.#&'%)-$/
"7&(/ +'/0 Some physIcal actIvIty or deed, IndIcatIng IntentIon to commIt a partIcular crIme, more than a mere plannIng or preparatIon, whIch If carrIed to Its complete termInatIon followIng Its natural course, wIthout beIng frustrated by external obstacles, nor by voluntary desIstance of the perpetrator wIll logIcally rIpen Into a concrete offense.
)%E&/&(*)%+/& "11&%0&: Dne where the purpose of the offender In performIng an act Is not certaIn. The accused maybe convIcted for a felony defIned by the acts performed by hIm up to the tIme of desIstance.
; 0/+2&0 )% /.& E&7&,"5*&%/ "1 + '()*&6 1) nternal acts Such as mere Ideas In the mInd of person. Not punIshable. 2) External acts cover: a) Preparatory acts ordInarIly not punIshed except when consIdered by law as Independent crImes (e.g. Art. J04, PossessIon of pIcklocks and sImIlar tools) b) Acts of ExecutIon punIshable under the FPC
+(/: ^ ,)2./ 1&,"%)&0
LIght FelonIes are punIshable only when they have been consummated EXCEPT: f commItted agaInst persons or property, punIshable even If not consummated.
Dnly prIncIpals and accomplIces are lIable, accessorIes are not lIable even If commItted agaInst persons or property.
+(/: _ '"%05)(+'9 +%E 5("5"0+, /" '"**)/ 1&,"%9
(&Y8)0)/&0 "1 '"%05)(+'9 1. That 2 or more persons came to an agreement. 2. That the agreement pertaIns to the commIssIon of a felony. J. That the executIon of the felony was decIded upon.
; '"%'&5/0 "1 '"%05)(+'9 1. ConspIracy as a crIme by Itself. EXA|PLE: conspIracy to commIt rebellIon or InsurrectIon, treason, sedItIon. 2. ConspIracy as a means of commIttIng a crIme a) There Is a prevIous and express agreement; b) The partIcIpants acted In concert or sImultaneously whIch Is IndIcatIve of a meetIng of the mInds towards a common crImInal objectIve. There Is an mpled agreement.
2&%&(+, (8,&: |ere conspIracy or proposal to commIt a felony Is not punIshable sInce they are only preparatory acts &4'&5/)"%6 In cases In whIch the law specIally provIdes a penalty therefor, such as In treason, coup detat, and rebellIon or InsurrectIon
The act of one is the act of all 2&%&(+, (8,&6 When conspIracy Is establIshed, all who partIcIpated thereIn, IrrespectIve of the quantIty or qualIty of hIs partIcIpatIon Is lIable equally, whether conspIracy Is preplanned or Instantaneous. &4'&5/)"%6 Unless one or some of the conspIrators commItted some other crIme whIch Is not part of the Intended crIme. &4'&5/)"% /" /.& &4'&5/)"%6 When the act constitutes a sIngle IndIvIsIble offense.
ConspIracy may be Inferred when two or more persons proceed to perform overt acts towards the accomplIshment of the same felonIous objectIve, wIth each doIng hIs act, so that theIr acts though seemIngly Independent were In fact connected, showIng a common desIgn.
These overt acts must consIst of: actIve partIcIpatIon In the actual commIssIon of the crIme Itself, or moral assIstance to hIs co conspIrators by beIng present at the tIme of the commIssIon of the crIme, or exertIng a moral ascendance over the other coconspIrators by movIng them to execute or Implement the crImInal plan (PEDPLE vs. A80T, et cl., 6R No. 1JZ01, Aprl 24, 200J)
(&Y8)0)/&0 "1 5("5"0+,6 1. That a person has decded to commIt a felony; and 2. That he proposes ts executon to !"# %&'" ()**&+& ), -". 2
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. some other person or persons.
)SGD=?<CR> DP 'B<HH@P@R<?@DC 1. To determIne whether these felonIes can be complexed or not. 2. To determIne the prescrIptIon of the crIme and the prescrIptIon of the penalty.
2=<U> P>BDC@>H are those to whIch the law attaches the capItal punIshment or penaltIes whIch In any of theIr perIods are afflIctIve, In accordance wIth Art. 25 of the Code.
,>HH V=<U> P>BDC@>H are those whIch the law punIshes wIth penaltIes whIch In theIr maxImum perIod are correctIonal, In accordance wIth Art. 25 of the Code.
,@VF? P>BDC@>H are those InfractIons of law for the commIssIon of whIch the penalty of crresto menor or a fIne not exceedIng 200 pesos, or both, Is provIded.
2&%&(+, (8,&6 FPC provIsIons are supplementary to specIal laws. &4'&5/)"%6 1. Where the specIal law provIdes otherwIse; and 2. When the provIsIons of the FPC are ImpossIble of applIcatIon, eIther by express provIsIon or by necessary ImplIcatIon.
Thus, when the specIal law adopts the penaltIes Imposed In the FPC, such as recluson perpetuc or recluson temporcl, the provIsIons of the FPC on ImposItIon of penaltIes based on stage of executIon, degree of partIcIpatIon, and attendance of mItIgatIng and aggravatIng cIrcumstances may be applIed by necessary ImplIcatIon.
a80/)19)%2 ')('8*0/+%'&0 are those where the act of a person Is saId to be In accordance wIth law, so that such person Is deemed not to have transgressed the law and Is free from both crImInal and cIvIl lIabIlIty. There Is no cIvIl lIabIlIty, except In par. 4 of Art. 11, where the cIvIl lIabIlIty Is borne by the persons benefIted by the act.
K: 0&,13 E&1&%0&
(&Y8)0)/&06 a) 0nlcw]ul cyyresson (condItIon sIne qua non); b) Recsoncble necessty of the means employed to prevent or repel It; and c) Lcck o] su]]cent provoccton on the part of the person defendIng hImself.
8%,+-18, +22(&00)"% Is equIvalent to an actual physIcal assault or, at least threatened assault of an ImmedIate and ImmInent kInd whIch Is offensIve and posItIvely strong, showIng the wrongful Intent to cause Injury.
/&0/ "1 (&+0"%+!,&%&00 the means employed depends upon the nature and qualIty of the (1) weapon used by the aggressor, and (2) hIs physIcal condItIon, character, sIze and other cIrcumstances, (J) and those of the person defendIng hImself, (4) and also the place and occasIon of the assault.
Perfect equalIty between the weapons used by the one defendIng hImself and that of the aggressor Is not requIred, nor materIal commensurabIlIty between the means of attack and defense. FEASDN: 8ecause the person assaulted does not have suffIcIent tranquIlIty of mInd to thInk and to calculate.
(@VF?H @CRBOT>T @C H>BP3T>P>CH>6 Selfdefense Includes not only the defense of the person or body of the one assaulted but also that of hIs rIghts, the enjoyment of whIch Is protected by law. Thus, It Includes: 1. The rIght to honor. Hence, a slap on the face Is consIdered as unlawful aggressIon dIrected agaInst the honor of the actor (People vs. Scbo, 1 SCRA 01). U !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) 2. The defense of property rIghts, only If there Is also an actual and ImmInent danger on the person of the one defendIng ( People vs Ncrvcez, 121 SCRA J8).
Stand ground when in the right 3 the law does not requIre a person to retreat when hIs assaIlant Is rapIdly advancIng upon hIm wIth a deadly weapon.
Under (>GOAB@R +R? `;[;, known as the +C?@3 7@DB>CR> <V<@CH? -DS>C <CT ?F>@= 'F@BT=>C +R? DP ;LLW: 7IctImsurvIvors who are found by the courts to be sufferIng from 8attered Woman Syndrome do not ncur cny crmncl or cvl lcblty notwIthstandIng the absence of any of the elements for justIfyIng cIrcumstances of selfdefense under the FPC. (Sec. 2, R.A. No. 22) The law provIdes for an addItIonal justIfyIng cIrcumstance. 8attered Woman Syndrome refers to a scIentIfIcally defIned pattern of psychologIcal and behavIoral symptoms found In women lIvIng In batterIng relatIonshIps as a result of cumulatIve abuse. 8attery refers to any act of InflIctIng physIcal harm upon the woman or her chIld resultIng to physIcal and psychologIcal or emotIonal dIstress.
;: E&1&%0& "1 (&,+/)7&0
(&Y8)0)/&06 1. Unlawful AggressIon; 2. Feasonable necessIty of the means employed to prevent or repel It; and J. n case the provocatIon was gIven by the person attacked, the one makIng the defense had no part thereIn.
(&,+/)7&0 /.+/ '+% !& E&1&%E&E6 1. Spouse 2. Ascendants J. 0escendants 4. LegItImate, natural or adopted brothers and sIsters, or relatIves by affInIty In the same degrees. 5. FelatIves by consanguInIty wIthIn the fourth cIvIl degree.
J: E&1&%0& "1 0/(+%2&(
(&Y8)0)/&06 1. Unlawful AggressIon; 2. Feasonable necessIty of the means employed to prevent or repel It; and J. The person defendIng be not Induced by revenge, resentment or other evIl motIve. W: +7")E+%'& "1 2(&+/&( &7), "( )%a8(9
(&Y8)0)/&06 1. That the evIl sought to be avoIded actually exIsts: 2. That the Injury feared be greater than that done to avoId It; and J. There be no other practIcal and less harmful means of preventIng It.
No cIvIl lIabIlIty except when there Is another person benefIted In whIch case the latter Is the one lIable.
Creater evIl must not be brought about by the neglIgence or Imprudence or vIolatIon of law by the actor.
(&Y8)0)/&06 1. That the accused acted In the performance of a duty or In the lawful exercIse of a rIght or offIce; 2. That the Injury caused or the offense commItted be the necessary consequence of the due performance of duty or the lawful exercIse of such rIght or offIce.
(&Y8)0)/&06 1. That an order has been Issued by a superIor. 2. That such order must be for some lawful purpose J. That the means used by the subordInate to carry out saId order Is lawful.
SubordInate Is not lIable for carryIng out an Illegal order If he Is not aware of Its IllegalIty and he Is not neglIgent.
+(/: K;: &4&*5/)%2 ')('8*0/+%'&0
&c>SG?@CV '@=ROSH?<CR>H ID= ?F> R@=ROSH?<CR>H PD= CDC3@SGO?<A@B@?XM are those grounds for exemptIon from punIshment, because there Is wantIng In the agent of the crIme any of the condItIons whIch makes the act voluntary, or neglIgent.
!+0)06 !"# %&'" ()**&+& ), -". V
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. The exemptIon from punIshment Is based on the complete absence of IntellIgence, freedom of actIon, or Intent, or on the absence of neglIgence on the part of the accused.
a80/)19)%2 ')('8*0/+%'& &4&*5/)%2 ')('8*0/+%'& 1. t affects the act not the actor. 1. t affects the actor not the act. 2. The act Is consIdered to have been done wIthIn the bounds of law; hence, legItImate and lawful In the eyes of the law. 2. The act complaIned of Is actually wrongful, but the actor Is not lIable. J. SInce the act Is consIdered lawful, there Is no crIme. J. SInce the act complaIned of Is actually wrong there Is a crIme but sInce the actor acted wIthout voluntarIness, there Is no dolo nor culpa 4. SInce there Is no crIme, nor a crImInal, there Is also no crImInal or cIvIl lIabIlIty. (except Art. 11, par. 4) 4. SInce there Is a crIme commItted though there Is no crImInal, there Is cIvIl lIabIlIty.
K: )*!&'),)/9 "( )%0+%)/9 "#$%#&'( )* &+,-.&/&'( exIsts when there Is a complete deprIvatIon of IntellIgence or freedom of the wIll. An Insane person Is not so exempt If It can be shown that he acted durIng a lucd ntervcl. 8ut an ImbecIle Is exempt In all cases from crImInal lIabIlIty.
/-" /&0/0 "1 )%0+%)/96 1. Test of CDCNTDN complete deprIvatIon of IntellIgence In commIttIng the crIme. 2. Test of 7DLTDN total deprIvatIon of freedom of wIll. The defense must prove that the accused was Insane at the tIme of the commIssIon of the crIme because the presumptIon Is always In favor of sanIty.
nsanIty exIsts when there Is a complete deprIvatIon of IntellIgence In commIttIng the act. |ere abnormalIty of the mental facultIes wIll not exclude ImputabIlIty. The accused must be so Insane as to be Incapable of entertaInIng crImInal Intent. He must be deprIved of reason and actIng wIthout the least dIscernment because there Is a complete absence of the power to dIscern or a total deprIvatIon of freedom of the wIll. (PEDPLE vs. ANTDNlD, 6R No. 1442, November 2Z, 2002)
;: 5&(0"% 8%E&( %)%& 9&+(0 "1 +2&
An Infant under the age of nIne years Is absolutely and conclusIvely presumed to be Incapable of commIttIng a crIme.
The phrase under nine years should be construed nine years or less
E)0'&(%*&%/ mental capacIty to fully apprecIate the consequences of an unlawful act. E@HR>=CS>C? S<XA> HFDbC AX6 a) The manner the crIme was commItted: or b) The conduct of the offender after Its commIssIon.
&,&*&%/06 1. A person Is performIng a lawful act; 2. WIth due care; J. He causes Injury to another by mere accIdent; 4. WIthout fault or IntentIon of causIng It.
&,&*&%/06 1. That the compulsIon Is by means of physIcal force. 2. That the physIcal force must be IrresIstable. J. That the physIcal force must come from a thIrd person.
8asIs: complete absence of freedom or voluntarIness.
The force must be so IrresIstable as to reduce the actor to a mere Instrument W !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) who act not only wIthout wIll but agaInst hIs wIll.
[: 8%'"%/(",,+!,& 1&+(
&,&*&%/06 1. That the threat whIch causes the fear Is of an evIl greater than, or at least equal to, that whIch he Is requIred to commIt; 2. That It promIses an evIl of such gravIty and ImmInence that the ordInary man would have succumbed to It.
0uress as a valId defense should be based on real, ImmInent, or reasonable fear for ones life or limb and should not be speculatIve, fancIful, or remote fear.
ACTUS ME INVITO FACTUS NON EST MEUS ACTUS An act done by me agaInst my wIll Is not my act.
^: )%085&(+!,& '+80&.
)%085&(+!,& '+80& some motIve whIch has lawfully, morally or physIcally prevented a person to do what the law commands.
&,&*&%/06 1. That an act Is requIred by law to be done. 2. That a person faIls to perform such act. J. That hIs faIlure to perform such act was due to some lawful or Insuperable cause.
&c<SGB>H6 c. The munIcIpal presIdent detaIned the offended party for three days because to take hIm to the nearest justIce of the peace requIred a journey for three days by boat as there was no other means of transportatIon. (0S vs. \centllo, 1 Phl. 118) The dIstance whIch requIred a journey for three days was consIdered an Insuperable cause. Note: Under the law, the person arrested must be delIvered to the nearest judIcIal authorIty at most wIthIn 18 hours (now J6 hours, Art. 125 FPC); otherwIse, the publIc offIcer wIll be lIable for arbItrary detentIon.
b. A mother who at the tIme of chIldbIrth was overcome by severe dIzzIness and extreme debIlIty, and left the chIld In a thIcket were saId chIld dIed, Is not lIable for InfantIcIde because It was physIcally ImpossIble for her to take home the chIld. (People vs. 8cndcn, J Phl. 5J0). The severe dIzzIness and extreme debIlIty of the woman constItute an Insuperable cause.
+!0",8/"(9 '+80&0 are those where the act commItted Is a crIme but for reasons of publIc polIcy and sentIment, there Is no penalty Imposed.
"?F>= <AHDBO?D=X R<OH>H6 1. Spontaneous desIstance (Art. 6) 2. AccessorIes who are exempt from crImInal lIabIlIty (Art. 20) J. 0eath or physIcal InjurIes InflIcted under exceptIonal cIrcumstances (Art. 247) 4. Persons exempt from crImInal lIabIlIty for theft, swIndlIng and malIcIous mIschIef (Art. JJ2) 5. nstIgatIon
Entrapment Is NDT an absolutory cause. A buybust opercton conducted In connectIon wIth Illegal drugrelated offenses Is a form of entrapment.
&%/(+5*&%/ )%0/)2+/)"% 1. Ways and means are resorted to for the capture of lawbreaker In the executIon of hIs crImInal plan. 1. nstIgator Induces the would be accused to commIt the crIme, hence he becomes a coprIncIpal. 2. not a bar to the prosecutIon and convIctIon of the lawbreaker 2. It wIll result In the acquIttal of the accused.
*)/)2+/)%2 ')('8*0/+%'&0 those whIch If present In the commIssIon of the crIme, do not entIrely free the actor from crImInal lIabIlIty but serve only to reduce the penalty.
Dne sIngle fact cannot be made the basIs of more than one mItIgatIng cIrcumstance. Hence, a mItIgatIng cIrcumstance arIsIng from a sIngle fact, absorbs all the other mItIgatIng cIrcumstances arIsIng from the same fact. !"# %&'" ()**&+& ), -". X
!+0)0 6 0ImInutIon of eIther freedom of actIon IntellIgence or Intent or on the lesser perversIty of the offender.
',+00&0 "(E)%+(9 5()7),&2&E Source SubsectIons 110 of Art. 1J (FPC) Arts. 68, 69 and 64 of FPC As to the effect f not offset (by an aggravatIng cIrcumstanc e) It wIll operate to have the penalty Imposed at Its mInImum perIod, provIded the penalty Is a dIvIsIble one t operates to reduce the penalty by one to two degrees dependIng upon what the law provIdes As to offset |ay be offset by aggravatIng cIrcums tance Cannot be offset
ApplIes, when all the requIsItes necessary to justIfy the act are not attendant.
But in the case of incomplete self defense, defense of relatIves, and defense of a stranger, unlawful aggressIon must be present, It beIng an IndIspensable requIsIte.
;: 8%E&( K_Z "( "7&( ^L 9&+(0 ",E
t Is the age of the accused at the tIme of the commsson o] the crme whIch should be determIned. HIs age at the tIme of the trIal Is ImmaterIal.
,>V<B >PP>R?H DP U<=@DOH <V>H DP DPP>CT>= 1. NIne (9) years of age and below exemptIng cIrcumstance. (Art. 12, par. 2) 2. Dver 9 but not more than 15 exemptIng unless, he acted wIth dIscernment In whIch case penalty Is reduced to at least two (2) degrees lower than that Imposed. (Art. 12, par. J; Art. 68, par. 1) J. Above 15 but under 18 regardless of dIscernment, penalty Is reduced by one (1) degree lower than that Imposed. (Art. 68 par. 2) 4. |Inor delInquent under 18 years of age, sentence suspended (Art. 192, P0 60J as amended by P0 1179) 5. 18 years or over full crImInal responsIbIlIty. 6. 70 years or over mItIgatIng, no ImposItIon of death penalty; If already Imposed, executIon of death penalty Is suspended and commuted.
8ASS: dImInutIon of IntellIgence
J: %" )%/&%/)"% /" '"**)/ 0" 2(+7& + -("%2
(OB> PD= ?F> <GGB@R<?@DC6 Can be taken Into account only when the facts proven show that there Is a notable and evIdent dIsproportIon between the means employed to execute the crImInal act and Its consequences.
ntentIon may be ascertaIned by consIderIng: a) the weapon used b) the part of the body Injured c) the Injury InflIcted
8ASS : Intent Is dImInIshed
W: 5("7"'+/)"% "( /.(&+/
5("7"'+/)"% any unjust or Improper conduct or act of the offended party, capable of excItIng, IncItIng or IrrItatIng any one.
(&Y8)0)/&06 1. The provocatIon must be suffIcIent. 2. t must orIgInate from the offended party. J. The provocatIon must be ImmedIate to the commIssIon of the crIme by the person who Is provoked. The threat should not be offensIve and posItIvely strong. DtherwIse, the threat to InflIct real Injury Is an unlawful aggressIon, whIch may gIve rIse to selfdefense.
d: 7)%E)'+/)"% "1 2(+7& "11&%0&
(&Y8)0)/&06 1. That there be a grave offense done to the one commIttIng the felony, hIs spouse, ascendants; descendants, legItImate, natural or adopted brothers or sIsters or relatIves by affInIty wIthIn the same degrees; 2. That the felony Is commItted In ImmedIate vIndIcatIon of such grave offense.
!1 !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) Immediate allows for a lapse of time unlIke In suffIcIent provocatIon, as long as the offender Is stIll sufferIng from the mental agony brought about by the offense to hIm.
5("7"'+/)"% 7)%E)'+/)"% 1. t Is made dIrectly only to the person commIttIng the felony. 1. The grave offense may be commItted also agaInst the offenders relatives mentIoned by law. 2. The cause that brought about the provocatIon need not be a grave offense.
2. The offended party must have done a grave offense to the offender or hIs relatIves mentIoned by law. J. t Is necessary that the provocatIon or threat ImmedIately preceded the act. J. The vIndIcatIon of the grave offense may be proxImate, whIch admIts of an NTEF7AL of tIme.
d: 5+00)"% "( "!180'+/)"%
)? =>NO@=>H ?F<?: 1. The accused acted upon an Impulse. 2. The Impulse must be so powerful that It naturally produced passIon or obfuscatIon In hIm.
(&Y8)0)/&06 1. That there be an act, both unlawful and suffIcIent to produce such a condItIon of mInd; 2. That saId act whIch produced the obfuscatIon was not far removed from the commIssIon of the crIme by a consIderable length of tIme, durIng whIch the perpetrator mIght recover hIs normal equanImIty.
A mItIgatIng cIrcumstance only when the same arose from lawful sentIments.
8ASS: Loss of reasonIng and self control, thereby dImInIshIng the exercIse of hIs wIll power.
-.&% 5+00)"% "( "!180'+/)"% %"/ *)/)2+/)%26 -F>C RDSS@??>T6 1. n the spIrIt of lawlessness, or 2. n a spIrIt of revenge
5+00)"%f "!180'+/)"% 5("7"'+/)"% produced by an Impulse whIch may be caused by provocatIon the provocatIon comes from the Injured party. the offense need not be ImmedIate. t Is only requIred that the Influence thereof lasts untIl the moment the crIme Is commItted must ImmedIately precede the commIssIon of the crIme.
^: 08((&%E&( +%E '"%1&00)"% "1 28),/
(&Y8)0)/&0 "1 7",8%/+(9 08((&%E&(6 1. That the offender had not been actually arrested; 2. That the offender surrendered hImself to a person In authorIty or to the latters agent; J. That the surrender was voluntary.
-.&% 08((&%E&( 7",8%/+(9 A surrender to be voluntary must be spontaneous, showIng the Intent of the accused to submIt hImself uncondItIonally to the authorItIes, eIther because: 1. he acknowledges hIs guIlt; or 2. he wIshes to save them the trouble and expense necessarIly Incurred In hIs search and capture.
(&Y8)0)/&0 "1 7",8%/+(9 5,&+ "1 28),/96 1. That the offender spontaneously confessed hIs guIlt. 2. That the confessIon of guIlt was made In open court, that Is, before the competent court that Is to try the case; and J. That the confessIon of guIlt was made prIor to the presentatIon of evIdence for the prosecutIon. 8ASS: lesser perversIty of the offender.
_: 5.90)'+, E&1&'/ "1 "11&%E&(
When the offender Is deaf and dumb, blInd or otherwIse sufferIng from some physIcal defect, restrIctIng hIs means of actIon, defense or communIcatIon wIth others.
The physIcal defect must relate to the offense commItted.
8ASS: dImInutIon of element of voluntarIness.
`: ),,%&00 "1 /.& "11&%E&(
(&Y8)0)/&06 !"# %&'" ()**&+& ), -". !!
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. 1. That the Illness of the offender must dImInIsh the exercIse of hIs wIll power. 2. That such Illness should not deprIve the offender of conscIousness of hIs acts.
ncludes Illness of the mInd not amountIng to InsanIty.
8ASS: dImInutIon of IntellIgence and Intent.
KL: 0)*),+( +%E +%+,"2"80 ')('8*0/+%'&0
&4+*5,&06 1) mpulse of jealousy, sImIlar to passIon and obfuscatIon. 2) TestIfyIng for the prosecutIon, analogous to plea of guIlty
+VV=<U<?@CV R@=ROSH?<CR>H are those whIch, If attendant In the commIssIon of the crIme, serve to have the penalty Imposed In Its maxImum perIod provIded by law for the offense or change the nature of the crIme.
!+0)06 They are based on the greater perversIty of the offender manIfested In the commIssIon of the felony as shown by: 1. the motIvatIng power Itself, 2. the place of the commIssIon, J. the means and ways employed 4. the tIme, or 5. the personal cIrcumstances of the offender, or the offended party.
#)%E0 "1 +22(+7+/)%2 ')('8*0/+%'&06
1. CenerIc those whIch apply to all crImes, such as: a) Advantage taken of publIc posItIon; b) Contempt or Insult of publIc authorItIes; c) CrIme commItted In the dwellIng of the offended party; d) Abuse of confIdence or obvIous ungratefulness; e) Place where crIme Is commItted; f) NIghttIme, unInhabIted place, or band; g) FecIdIvIsm (reIncIdencIa); h) HabItualIty (reIteracIon); I) Craft, fraud or dIsguIse; j) Unlawful entry; k) 8reakIng of parts of the house; l) Use of persons under 15 years of age.
2. SpecIfIc those whIch apply only to specIfIc crImes, such as IgnomIny In crImes agaInst chastIty and cruelty and treachery whIch are applIcable only to crImes agaInst persons. a) 0Isregard of rank, age or sex due the offended party; b) Abuse of superIor strength or means be employed to weaken the defense; c) Treachery (alevosIa); d) gnomIny; e) Cruelty; f) Use of unlIcensed fIrearm In the murder or homIcIde commItted therewIth (FA 8294).
J. QualIfyIng those that change the nature of the crIme. AlevosIa (treachery) or evIdent premedItatIon qualIfIes the kIllIng of a person to murder. Art. 248 enumerates the qualIfyIng aggravatIng cIrcumstances whIch qualIty the kIllIng of person to murder.
4. nherent those whIch of necessIty accompany the commIssIon of the crIme, therefore not consIdered In IncreasIng the penalty to be Imposed, such as: a) EvIdent premedItatIon In robbery, theft, estafa, adultery and concubInage; b) Abuse of publIc offIce In brIbery; c) 8reakIng of a wall or unlawful entry Into a house In robbery wIth the use of force upon thIngs; d) Fraud In estafa; e) 0eceIt In sImple seductIon; f) gnomIny In rape.
5. SpecIal those whIch arIse under specIal condItIons to Increase the penalty of the offense and cannot be offset by mItIgatIng cIrcumstances, such as: a) QuasIrecIdIvIsm (Art. 160); b) Complex crImes (Art. 48); c) Error In personae (Art. 49); !0 !""# "#$%&'()*#+ ,'& -.#&'%)-$/
2&%&()' +22(+7+/)%2 ')('8*0/+%'& Y8+,)19)%2 +22(+7+/)%2 ')('8*0/+%'& +H ?D @?H >PP>R? ncreases the penalty whIch should be Imposed upon the accused to the maxImum perIod but wIthout exceedIng the lImIt prescrIbed by law. To gIve the crIme Its proper and exclusIve name and to place the author thereof In such a sItuatIon as to deserve no other penalty than that specIally prescrIbed by law for saId crIme. +H ?D bF>?F>= @? R<C A> DPPH>? AX < S@?@V<?@CV R@=ROSH?<CR> |ay be offset by a mItIgatIng cIrcumstance. Cannot be offset by a mItIgatIng cIrcumstance
(8,&0 "% +22(+7+/)%2 ')('8*0/+%'&0 1. AggravatIng cIrcumstances shall not be apprecIated If: a) They constItute a crIme specIally punIshable by law, or b) They are Included by the law In defInIng a crIme and prescrIbIng a penalty therefor, shall not be taken Into account for the purpose of IncreasIng the penalty. EXAMPLE: That the crime be commItted by means of fire,explosion (Art. 14, par. 12) is In Itself a crIme of arson (Art. J21) or a crIme InvolvIng destructIon (Art. J24). t Is not to be consIdered to Increase the penalty for the crIme of arson or for the crIme InvolvIng destructIon. 2. The same rule shall apply wIth respect to any aggravatIng cIrcumstance Inherent In the crIme to such a degree that It must of necessIty accompany the commIssIon thereof. (Art. 2, pcr. 2) J. AggravatIng cIrcumstances whIch arIse: a) From the moral attrIbutes of the offender, or b) From hIs prIvate relatIons wIth the offended party, or c) From any personal cause, shall only serve to aggravate the lIabIlIty of the prIncIpals, accomplIces and accessorIes as to whom such cIrcumstances are attendant. (Art. 2, pcr. J) 4. The cIrcumstances whIch consIst a) n the materIal executIon of the act, or b) n the means employed to accomplIsh It, shall serve to aggravate the lIabIlIty of those persons only who had knowledge of them at the tIme of the executIon of the act or theIr cooperatIon thereIn. Except when there Is proof of conspIracy In whIch case the act of one Is deemed to be the act of all, regardless of lack of knowledge of the facts constItutIng the cIrcumstance. (Art. 2, pcr. 4) 5. AggravatIng cIrcumstances, regardless of Its kInd, should be specIfIcally alleged In the InformatIon AN0 proved as fully as the crIme Itself In order to Increase the penalty. (Sec. , Rule 110, 2000 Rules o] Crmncl Procedure) 6. When there Is more than one qualIfyIng aggravatIng cIrcumstance present, one of them wIll be apprecIated as qualIfyIng aggravatIng whIle the others wIll be consIdered as generIc aggravatIng.
ApplIcable only when the offender Is a publIc offIcer. The offender must have abused hIs publIc posItIon or at least use of the same facIlItated the commIssIon of the offense. ThIs cIrcumstance cannot be taken Into consIderatIon In offenses where takIng advantage of offIcIal posItIon Is made by law an nteyrcl element of the crIme, such as In malversatIon under Art. 217, or In falsIfIcatIon of a document commItted by publIc offIcers under Art. 171. TakIng advantage of a publIc posItIon Is also Inherent In the case of accessorIes under Art. 19, par. J (harborIng, concealIng, or assIstIng In the escape of the prIncIpal of the crIme), and In crImes commItted by publIc offIcers (Arts. 204245).
(&Y8)0)/&0 "1 /.)0 ')('8*0/+%'&6 1. That the publIc authorIty Is engaged In the exercIse of hIs functIons. 2. That he who Is thus engaged In the exercIse of saId functIons Is not the person agaInst whom the crIme Is commItted. J. The offender knows hIm to be a publIc authorIty. 4. HIs presence has not prevented the offender from commIttIng the crImInal act.
5OAB@R <O?FD=@?X sometImes also called a person In authorIty, Is a publIc offIcer who Is dIrectly vested wIth jurIsdIctIon, that Is, a publIc offIcer who has the power to govern and execute the laws; lIke a mayor, councIlor, governor, barangay captaIn and barangay chaIrman.
A teacher or professor of a publIc or recognIzed prIvate school Is not a public authority within the contemplatIon of thIs paragraph. WhIle he Is a person In authorIty under Art. 152, that status Is only for purposes of Art. 148 (dIrect assault) and Art. 152 (resIstance and dIsobedIence).
The four cIrcumstances enumerated should be consIdered as one aggravatIng cIrcumstance only. 0Isregard of rank, age or sex Is essentIally applIcable only to crImes agaInst person or honor. They are not taken Into account In crImes agaInst property. To be apprecIated as an aggravatIng cIrcumstance, there must be evIdence that In the commIssIon of the crIme, the offender delIberately Intended to offend or Insult the sex, age and rank of the offended party. (<CQ DP ?F> DPP>CT>T G<=?X Is the desIgnatIon or tItle of dIstInctIon used to fIx the relatIve posItIon of the offended party In reference to others. there must be a dIfference In the socIal condItIon of the offender and the offended party.
+V> DP ?F> DPP>CT>T G<=?X may refer to old age or the tender age of the vIctIm.
0>c DP ?F> DPP>CT>T G<=?X refers to the female sex, not to the male sex.
/.& +22(+7+/)%2 ')('8*0/+%'& "1 E)0(&2+(E "1 (+%#Z +2&Z "( 0&4 )0 %"/ +55,)'+!,& )% /.& 1",,"-)%2 '+0&06 1. When the offender acted wIth passIon and obfuscatIon. 2. When there exIsts a relatIonshIp between the offended party and the offender. J. When the condItIon of beIng a woman Is IndIspensable In the commIssIon of the crIme. (e.g. In parrIcIde, abductIon, seductIon and rape)
0Isregard of sex and age are not absorbed In treachery because treachery refers to the manner of the commIssIon of the crIme, whIle dIsregard of sex and age pertaIns to the relatIonshIp of the vIctIm (People vs. Lcpcz, Mcrch J1, 18).
Eb>BB@CV must be a buIldIng or structure, exclusIvely used for rest and comfort. A combination of a house and a store or a market stall where the vIctIm slept Is not a dwellIng. dwellIng Includes dependencIes, the foot of the staIrcase and enclosure under the house.
The aggravatIng cIrcumstance of dwellIng requIres that the crIme be wholly or partly commItted thereIn or In any Integral part thereof. 0wellIng does not mean the permanent resIdence or domIcIle of the offended party or that he must be the owner thereof. He must, however, be actually lIvIng or dwellIng thereIn even for a temporary duratIon or purpose.
t Is not necessary that the accused should have actually entered the dwellIng of the vIctIm to commIt the offense; It Is enough that the vIctIm was attacked InsIde hIs own house, although the assaIlant may have devIsed means to perpetrate the assault from wIthout.
!T !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) -.+/ +22(+7+/&0 /.& '"**)00)"% "1 THE CRIME IN ONES DWELLING: 1. The abuse of confIdence whIch the offended party reposed In the offender by openIng the door to hIm; or 2. The vIolatIon of the sanctIty of the home by trespassIng thereIn wIth vIolence or agaInst the wIll of the owner.
*&+%)%2 "1 5("7"'+/)"% )% /.& +22(+7+/)%2 ')('8*0/+%'& "1 E-&,,)%26 The provocatIon must be: 1. CIven by the owner of the dwellIng, 2. SuffIcIent, and J. mmedIate to the commIssIon of the crIme.
f all these condItIons cre present, the offended party Is deemed to have gIven the provocatIon, and the fact that the crIme Is commItted In the dwellIng of the offended party Is not an aggravatIng cIrcumstance. FEASDN: When It Is the offended party who has provoked the IncIdent, he loses hIs rIght to the respect and consIderatIon due hIm In hIs own house.
E-&,,)%2 )0 %"/ +22(+7+/)%2 )% /.& 1",,"-)%2 '+0&06 1. When both the offender and the offended party are occupants of the same house, and thIs Is true even If offender Is a servant In the house. EXCEPTDN: n case of adultery In the conjugal dwellIng, the same Is aggravatIng. However, If the paramour also dwells In the conjugal dwellIng, the applIcable aggravatIng cIrcumstance Is abuse of confIdence.
2. When robbery Is commItted by the use of ]orce upon thnys, dwellIng Is not aggravatIng because It Is Inherent. 8ut dwellIng Is aggravatIng In robbery wIth volence cycnst or ntmdcton o] persons because thIs class of robbery can be commItted wIthout the necessIty of trespassIng the sanctIty of the offended partys house.
J. n the crIme of trespass to dwellIng, It Is Inherent or Included by law In defInIng the crIme.
4. When the owner of the dwellIng gave suffIcIent and ImmedIate provocatIon. There must exIst a close relatIon between the provocatIon made by the vIctIm and the commIssIon of the crIme by the accused.
Par. 4 provIdes two aggravatIng cIrcumstances whIch, If present In the same case and must be Independently apprecIated. WhIle one may be related to the other In the factual sItuatIon In the case, they cannot be lumped together as abuse of confIdence requIres a speccl con]dentcl relctonshp between the offender and the vIctIm, but thIs Is not so In ungratefulness.
(&Y8)0)/&0 "1 +!80& "1 '"%1)E&%'&6 1. That the offended party hcd trusted the o]]ender. 2. That the offender cbused such trust by commIttIng a crIme agaInst the offended party. J. That the abuse of confIdence ]ccltcted the commIssIon of the crIme. Abuse of confIdence Is Inherent In malversatIon (Art. 217), qualIfIed theft (Art. J10), estafa by conversIon or mIsapproprIatIon (Art. J15), and qualIfIed seductIon (Art. JJ7).
(&Y8)0)/&0 "1 "!7)"80 8%2(+/&18,%&00 1. That the offended party had trusted the offender; 2. That the offender abused such trust by commIttIng a crIme agaInst the offended party. J. That the act be commItted wIth obvIous ungratefulness.
The ungratefulness contemplated by par. 4 must be such clear and manIfest IngratItude on the part of the accused.
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. Except for the thIrd whIch requIres that offIcIal functIons are beIng performed at the tIme of the commIssIon of the crIme, the other places mentIoned are aggravatIng per se even If no offIcIal dutIes or acts of relIgIous worshIp are beIng conducted there.
CemeterIes, however respectable they may be, are not consIdered as place dedIcated to the worshIp of Cod.
5+(: d: -F>=> GOAB@R <O?FD=@?@>H <=> >CV<V>T @C ?F> T@HRF<=V> DP ?F>@= TO?@>H 5+(: ;: 'DC?>SG? D= @CHOB? ?D GOAB@R <O?FD=@?@>H )C AD?F PublIc authorItIes are In the performance of theIr dutIes 5B<R> bF>=> GOAB@R TO?X @H G>=PD=S>T n theIr offIce. DutsIde of theIr offIce. /F> DPP>CT>T G<=?X |ay or may not be the publIc authorIty PublIc authorIty should not be the offended party
When present In the same case and theIr element are dIstInctly palpable and can subsIst Independently, they shall be consIdered separately.
-.&% %)2.//)*&Z 8%)%.+!)/&E 5,+'& "( !+%E +22(+7+/)%26 1. When It ]ccltcted the commIssIon of the crIme; or 2. When especclly souyht for by the offender to Insure the commIssIon of the crIme or for the purpose of ImpunIty; or J. When the offender took cdvcntcye thereof for the purpose of ImpunIty.
%@VF??@S> I),$.;*&5%5M that perIod of darkness begInnIng at end of dusk and endIng at dawn. NIghts are from sunset to sunrIse.
t Is necessary that the commIssIon of the crIme was begun and completed at nIghttIme.
When the place of the crIme Is IllumInated by lIght, nIghttIme Is not aggravatIng.
2&%&(+, (8,&6 NIghttIme Is absorbed In treachery. &4'&5/)"%: Where both the treacherous mode of attack and nocturnIty were delIberately decIded upon In the same case, they can be consIdered separately If such cIrcumstances have dIfferent factual bases. Thus: ln People vs. 8erddc, et. cl. (1une J0, 1), nIghttIme was consIdered sInce It was purposely sought, and treachery was further appreciated because the victims hands and arms were tIed together before he was beaten up by the accused. ln People vs. Dny, et. cl. (1cn. J0, 1Z5), there was treachery as the vIctIm was stabbed whIle lyIng face up and defenseless, and nIghttIme was consIdered upon proof that It facIlItated the commIssIon of the offense and was taken advantage of by the accused.
8C@CF<A@?>T GB<R> I5-$:),/%5)M one where there are no houses at all; a place at a consIderable dIstance from town, or where the houses are scattered at a great dIstance from each other.
What actually determInes whether thIs aggravatIng cIrcumstance should be consIdered agaInst the accused, asIde from the dIstance and IsolatIon of the place, Is the reasonable possIbIlIty of the vIctIm receIvIng or securIng aId from thIrd persons.
!<CT I-# .;%5*&//%M whenever more thcn three (I.e., at least four) armed malefactors shall have ccted toyether In the commIssIon of an offense, It shall be deemed commItted by a band. The requIsIte four armed persons contemplated In thIs cIrcumstance must all be prIncIpals by dIrect partIcIpatIon who acted together In the executIon of the acts constItutIng the crIme.
f one of them was a prIncIpal by Inducement, there would be no cucdrllc but the aggravatIng cIrcumstance of havIng acted wIth the aId of armed men may be consIdered agaInst the Inducer If the other two acted as hIs accomplIce. !U !""# "#$%&'()*#+ ,'& -.#&'%)-$/
ThIs aggravatIng cIrcumstance Is absorbed In the cIrcumstance of abuse of superIor strength. ThIs aggravatIng cIrcumstance Is not applIcable In crImes agaInst chastIty.
(&+0"% 1"( /.& +22(+7+/)"%6 The debased form of crImInalIty met In one who, In the mIdst of a great calamIty, Instead of lendIng aId to the afflIcted, adds to theIr sufferIng by takIng advantage of theIr mIsfortune to despoIl them. Therefore It Is necessary that the offender took advantage of the calamIty or mIsfortune.
(&Y8)0)/&06 1. That armed men or persons took part In the commIssIon of the crIme, drectly or ndrectly. 2. That the accused cvcled hImself of theIr aId or reled upon them when the crIme was commItted.
ThIs aggravatIng cIrcumstance requIres that the armed men are accomplIces who take part In that mInor capacIty dIrectly or IndIrectly, and not when they were merely present at the crIme scene. NeIther should they constItute a band, for then the proper aggravatIng cIrcumstance would be cucdrllc.
-.&% /.)0 +22(+7+/)%2 ')('8*0/+%'& 0.+,, %"/ !& '"%0)E&(&E6 1. When both the attackIng party and the party attacked were equally armed. 2. When the accused as well as those who cooperated wIth hIm In the commIssIon of the crIme acted under the scme plcn cnd ]or the scme purpose.
Par. 6 By a band Par. 8. With the <@T DP <=S>T men +H ?D ?F>@= COSA>= FequIres more than three armed malefactors (I.e., at least four) At least two +H ?D ?F>@= <R?@DC FequIres that more than three armed malefactors shall have acted together In the commIssIon of an offense. ThIs cIrcumstance Is present even If one of the offenders merely relIed on theIr aId, for actual aId Is not necessary.
f there are four armed men, aId of armed men Is absorbed In employment of a band. f there are three armed men or less, aId of armed men may be the aggravatIng cIrcumstance. Aid of armed men includes armed women.
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(&Y8)0)/&06 1. That the offender Is on trIal for an offense; 2. That he was prevously convcted by ]ncl ]udyment of another crIme; J. That both the fIrst and the second offenses are embraced In the scme ttle o] the Code; 4. That the offender Is convIcted of the new offense.
MEANING OF at the time of his trial for one crime. t Is employed In Its general sense, IncludIng the renderIng of the judgment. t Is meant to Include everythIng that Is done In the course of the trIal, from arraIgnment untIl after sentence Is announced by the judge In open court.
8eIng an ordInary aggravatIng cIrcumstance, recIdIvIsm affects only the perIods of a penalty, except In prostItutIon and vagrancy (Art. 202) and gamblIng (P0 1602) whereIn recIdIvIsm Increases the penaltIes by degrees. No other generIc aggravatIng cIrcumstance produces thIs effect.
n recIdIvIsm It Is suffIcIent that the succeedIng offense be commItted c]ter the commsson of the precedIng offense provIded that at the tIme of hIs trIal for the second offense, the accused had already been convIcted of the fIrst offense.
!"# %&'" ()**&+& ), -". !V
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. f both offenses were commItted on the same date, they shall be consIdered as only one, hence, they cannot be separately counted In order to constItute recIdIvIsm. Also, judgments of convIcted handed down on the same day shall be consIdered as only one convIctIon. FEASDN: 8ecause the Code requIres that to be consIdered as separate convIctIons, at the tIme of hIs trIal for one crIme the accused shall have been prevIously convIcted by fInal judgment of the other. To prove recIdIvIsm, It Is necessary to allege the same In the InformatIon and to attach thereto certIfIed copy of the sentences rendered agaInst the accused.
FecIdIvIsm must be taken Into account no matter how many years have Intervened between the fIrst and second felonIes.
Even If the accused was granted a pardon for the fIrst offense, but he commIts another felony embraced In the same tItle of the Code, the fIrst convIctIon Is stIll counted to make hIm a recIdIvIst sInce pardon does not oblIterate the fact of hIs prIor convIctIon. The rule Is dIfferent In the case of amnesty whIch theoretIcally consIders the prevIous transgressIons as not punIshable.
(&Y8)0)/&0 DP MF"3FMNE"OP D= .+!)/8+,)/96 1. That the accused Is on trIal for an offense; 2. That he prevIously served sentence for another offense to whIch the law attaches an a) Equal or b) Creater penalty, or c) For two or more crImes to whIch It attaches a lIghter penalty than that for the new offense; and J. That he Is convIcted of the new offense
MF"3FMNE"OP (&')E)7)0* +H ?D ?F> P@=H? DPP>CH> t Is necessary that the offender shall have served out hIs sentence for the fIrst offense t Is enough that a ]ncl ]udyment has been rendered In the fIrst offense. +H ?D ?F> Q@CT DP DPP>CH>H @CUDBU>T The prevIous and subsequent offenses must not be em braced In the same tItle of the Code. FequIres that the offenses be Included In the same tItle of the Code.
/.& 1"8( 1"(*0 "1 (&5&/)/)"% +(&6
1. FecIdIvIsm (par. 9, Art. 14) where a person, on separate occasIons, Is convIcted of two offenses embraced In the same tItle In the FPC. ThIs Is a generIc aggravatIng cIrcumstance.
2. Reterccon or habItualIty (par. 10, Art. 14) where the offender has been prevIously punIshed for an offense to whIch the law attaches an equal or greater penalty or for two crImes to whIch It attaches a lIghter penalty. ThIs Is a generIc aggravatIng cIrcumstance.
J. |ultIrecIdIvIsm or habItual delInquency (Art. 62, par, 5) where a person wIthIn a perIod of ten years from the date of hIs release or last convIctIon of the crImes of serIous or less serIous physIcal InjurIes, robbery, theft, estafa or falsIfIcatIon, Is found guIlty of the saId crImes a thIrd tIme or oftener. ThIs Is an extraordInary aggravatIng cIrcumstance.
4. QuasIrecIdIvIsm (Art. 160) Where a person commIts felony before begInnIng to serve or whIle servIng sentence on a prevIous convIctIon for a felony. ThIs Is a specIal aggravatIng cIrcumstance.
SInce reterccon provIdes that the accused has duly served the sentence for hIs prevIous convIctIon/s, or Is legally consIdered to have done so, quasIrecIdIvIsm cannot at the same tIme constItute reterccon, hence thIs aggravatIng cIrcumstance cannot apply to a quasIrecIdIvIst.
f the same set of facts constItutes recIdIvIsm and reIteracIon, the lIabIlIty of the accused should be aggravated by recIdIvIsm whIch can easIly be proven.
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) When thIs aggravatIng cIrcumstance Is present, there must be two or more prIncIpals, the one who gave or offered the prIce or promIse and the one who accepted It, both of whom are prIncIpals.
f wthout prevous promse It was gIven voluntarIly after the crIme had been commItted as an expressIon of hIs apprecIatIon for the sympathy and aId shown by the other accused, It should not be taken Into consIderatIon for the purpose of IncreasIng the penalty.
The prIce, reward or promIse need not consIst of or refer to materIal thIngs or that the same were actually delIvered, It beIng suffIcIent that the offer made by the prIncIpal by Inducement be accepted by the prIncIpal by dIrect partIcIpatIon before the commIssIon of the offense.
When another aggravatIng cIrcumstance already qualIfIes the crIme, any of these aggravatIng cIrcumstances shall be consIdered as generIc aggravatIng cIrcumstance only.
A kIllIng commItted through any of these qualIfIes the crIme to murder, except If arson was resorted to but wIthout Intent to kIll, In vIew of P.0. 161J whIch provIdes a specIfIc penalty for that sItuatIon.
PAR. 12 by S><CH DP @COCT<?@DCZ P@=>Z etc. PAR. 10 on the DRR<H@DC DP < RDCPB<V=<?@DCZ HF@Gb=>RQZ >?R: The crIme Is commItted by means of any such acts InvolvIng great waste or ruIn. The crIme Is commItted on the occasIon of a calamIty or mIsfortune.
(&Y8)0)/&06 The prosecutIon must prove 1. The tme when the offender determIned to commIt the crIme; 2. An cct manIfestly IndIcatIng that the culprIt has clung to hIs determInatIon; and J. A su]]cent lcpse o] tme between the determInatIon and executIon, to allow hIm to reflect upon the consequences of hIs act and to allow hIs conscIence to overcome the resolutIon of hIs wIll.
To establIsh evIdent premedItatIon, It must be shown that there was a perIod suffIcIent to afford full opportunIty for medItatIon and reflectIon, a tIme adequate to allow the conscIence to overcome the resolutIon of the wIll, as well as outward acts showIng the Intent to kIll. t must be shown that the offender had suffIcIent tIme to reflect upon the consequences of hIs act but stIll persIsted In hIs determInatIon to commIt the crIme. (PEDPLE vs. SlL\A, et. cl., 6R No. 1408Z1, Auyust 8, 2002)
The essence of evIdent premedItatIon Is that the executIon of the crImInal act Is preceded by cool thought and reflectIon upon the resolutIon to carry out the crImInal Intent wIthIn a space of tIme suffIcIent to arrIve at a calm judgment. (PEDPLE vs. A8A0lES, 6R No. 1J5Z5, Auyust 14, 2002)
EvIdent premedItatIon Is presumed to exIst when conspIracy Is dIrectly establIshed. When conspIracy Is merely ImplIed, evIdent premedItatIon cannot be presumed, the latter must be proved lIke any other fact. (PEDPLE vs. SAPl6AD, et. cl., 6R No. 144Z5, 1une 18, 200J)
PremedItatIon Is cbsorbed by reward or promIse.
When the offender decIdes to kIll a partIcular person and premedItated on the kIllIng of the latter, but when he carrIed out hIs plan he actually kIlled another person, It cannot properly be saId that he premedItated on the kIllIng of the actual vIctIm.
8ut If the offender premedItated on the kIllIng of cny person, It Is proper to consIder agaInst the offender the aggravatIng cIrcumstance of premedItatIon, because whoever Is kIlled by hIm Is contemplated In hIs premedItatIon.
'=<P? I%$';.&%M Involved the use of Intellectual trIckery or cunnIng on the part of the accused. It Is a chIcanery resorted to by the accused to aId In the executIon of hIs crImInal desIgn. t Is employed as a scheme In the executIon of the crIme.
1=<OT I9*%;5-M InsIdIous words or machInatIons used to Induce the vIctIm to act In a manner whIch would enable the offender to carry out hIs desIgn.
1(+8E '(+1/ Where there Is a drect nducement by InsIdIous words or machInatIons, fraud Is present. The act of the accused done In order not to crouse the suspIcIon of the vIctIm constItutes craft.
AccordIng to JustIce Fegalado, the fine distinctions between craft and fraud would not really be called for as these terms In Art. 14 are varIants of means employed to deceIve the vIctIm and If all are present In the same case, they shall be applIed as a sIngle aggravatIng cIrcumstance.
Craft and fraud may be absorbed In treachery If they have been delIberately adopted as the means, methods or forms for the treacherous strategy, or they may coexIst Independently where they are adopted for a dIfferent purpose In the commIssIon of the crIme.
For Instance: n People vs. Scn Pedro (1cn. 22, 180), where the accused pretended to hIre the drIver In order to get hIs vehIcle, It was held that there was craft dIrected to the theft of the vehIcle, separate from the means subsequently used to treacherously kIll the defenseless drIver. n People vs. Mcslcny (1uly 11, 18) there was also craft where after hItchIng a rIde, the accused requested the drIver to take them to a place to vIsIt somebody, when In fact they had already planned to kIll the drIver.
E@HVO@H> I5&$9*%QM resortIng to any devIce to conceal IdentIty.
The test of dIsguIse Is whether the devIce or contrIvance resorted to by the offender was Intended to or dId make IdentIfIcatIon more dIffIcult, such as the use of a mask or false haIr or beard.
The use of an assumed name In the publIcatIon of a lIbel constItutes dIsguIse.
Par. 15 enuncIates two aggravatIng cIrcumstances, namely, that advantage was taken of superIor strength, or that means were employed by the offender to weaken the defense of the vIctIm, eIther of whIch qualIfIes a kIllIng to murder.
MEANING OF advantage be taken6 To delIberately use excessIve force that Is out of proportIon to the means for self defense avaIlable to the person attacked. (PEDPLE vs. LD8Rl6AS, et. cl., 6R No. 14Z4, 0ecember 1Z, 2002)
%" +E7+%/+2& "1 085&()"( 0/(&%2/. )% /.& 1",,"-)%26 1. Dne who attacks another wIth pcsson and ob]usccton does not take advantage of hIs superIor strength. 2. When a qucrrel crose unexpectedly and the fatal blow was struck at a tIme when the aggressor and hIs vIctIm were engaged agaInst each other as man to man.
For abuse of superIor strength, the test Is the relatIve strength of the offender and hIs vIctIm, whether or not he took advantage of hIs greater strength.
When there are several offenders partIcIpatIng In the crIme, they must all be prIncIpals by dIrect partIcIpatIon and theIr attack agaInst the vIctIm must be concerted and Intended to be so.
Abuse of superIor strength Is Inherent In the crIme of parrIcIde where the husband kIlls the wIfe. t Is generally accepted that the husband Is physIcally stronger than the wIfe.
01 !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) Abuse of superIor strength Is also present when the offender uses a weapon whIch Is out of proportIon to the defense avaIlable to the offended party.
by a band abuse of HOG>=@D= strength The element of band Is apprecIated when the offense Is commItted by more than three armed malefactors regardless of the comparatIve strength of the vIctIm or vIctIms. The gravamen of abuse of superIorIty Is the takIng advantage by the culprIts of theIr collectIve strength to overpower theIr relatIvely weaker vIctIm or vIctIms. Hence, what Is taken Into account here Is not the number of aggressors nor the fact that they are armed, but theIr relatIve physIcal strength vsc vs the offended party.
Abuse of superIor strength absorbs cuadrilla (band).
Means employed to weaken defense the offender employs means that mcterclly weakens the resIstIng power of the offended party.
EXAMPLES OF means employed to weaken defense 1. Where one, strugglIng wIth another, suddenly throws a cloak over the head of hIs opponent and whIle In thIs sItuatIon he wounds or kIlls hIm. 2. Dne who, whIle fIghtIng wIth another, suddenly casts sand or dIrt upon the latter eyes and then wounds or kIlls hIm. J. When the offender, who had the IntentIon to kIll the vIctIm, made the deceased IntoxIcated, thereby materially weakening the latters resIstIng power.
ThIs cIrcumstance Is applIcable only to crImes agaInst persons, and sometImes agaInst person and property, such as robbery wIth physIcal InjurIes or homIcIde.
/=><RF>=X I%/-6)$&%M Is present when the offender commIts any of the crImes agaInst person, employIng means, methods or forms In the executIon thereof whIch tend dIrectly and specIally to Insure Its executIon, wIthout rIsk to hImself arIsIng from the defense whIch the offended party mIght make.
(&Y8)0)/&0 "1 /(&+'.&(96 1. That at the tIme of the attack, the vIctIm was not n c poston to de]end hmsel]; and 2. That the offender conscIously adopted the partIcular means, method or form of attack employed by hIm.
The test of treachery Is not only the relatIve posItIon of the partIes but, more specIfIcally, whether or not the vIctIm was forewarned or afforded the opportunIty to make a defense or to ward off the attack.
(8,&0 (&2+(E)%2 /(&+'.&(96 1. ApplIcable only to crImes agaInst persons. 2. |eans, methods or forms need not Insure accomplIshment of crIme. J. The mode of attack must be conscIously adopted.
Treachery Is taken Into account even If the crIme agaInst the person Is complexed wIth another felony InvolvIng a dIfferent classIfIcatIon In the Code. AccordIngly, In the specIal complex crIme of robbery wIth homIcIde, treachery but can be apprecIated Insofar as the kIllIng Is concerned. The suddenness of attack does not, of Itself, suffIce to support a fIndIng of alevosIa, even If the purpose was to kIll, so long as the decIsIon was made all of a sudden and the victims helpless posItIon was cccdentcl. Treachery must be apprecIated In the kIllIng of a chIld even If the manner of attack Is not shown. t exIsts In the commIssIon of the crIme when the adult person Illegally attacks a chIld of tender years and causes hIs death.
-.&% *80/ /(&+'.&(9 !& 5(&0&%/6 When the aggressIon Is contnuous, treachery must be present In the begInnIng of the assault. (PEDPLE vs. MANALA0, 6R No. 1285J, Auyust 14, 2002) Thus, even If the deceased was shot whIle he was lyIng wounded !"# %&'" ()**&+& ), -". 0!
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. on the ground, It appearIng that the fIrIng of the shot was a mere contnucton o] the csscult In whIch the deceased was wounded, wIth no cppreccble tme IntervenIng between the delIvery of the blows and the fIrIng of the shot, It cannot be saId that the crIme was attended by treachery.
When the assault wcs not contnuous, In that there was InterruptIon, It Is suffIcIent that treachery was present at the moment the fatal blow was gIven. Hence, even though In the InceptIon of the aggressIon whIch ended In the death of the deceased, treachery was not present, If there wcs c breck n the contnuty o] the cyyresson cnd ct the tme o] the ]ctcl wound wcs n]lcted on the deceased he wcs de]enseless, the crcumstcnce o] trecchery must be tcken nto cccount.
+,&7"0)+ 0."8,E !& '"%0)E&(&E &7&% )16 1. The vIctIm was not predetermIned but there was a generIc Intent to treacherously kIll any fIrst two persons belongIng to a class. (The same rule obtaIns for evIdent premedItatIon). 2. There was cberrcto ctus and the bullet hIt a person dIfferent from that Intended. (The rule Is dIfferent In evIdent premedItatIon). J. There was error n personce, hence the vIctIm was not the one Intended by the accused. (A dIfferent rule Is applIed In evIdent premedItatIon). (&+0"% 1"( /.& (8,&: When there Is treachery, It Is ImpossIble for eIther the Intended vIctIm or the actual vIctIm to defend hImself agaInst the aggressIon.
/(&+'.&(9 +!0"(!06 1. Craft 2. Abuse of superIor strength J. EmployIng means to weaken the defense 4. Cuadrilla (band) 5. AId of armed men 6. NIghttIme
)VCDS@CX Is a cIrcumstance pertaInIng to the morcl order, whIch adds dIsgrace and obloquy to the materIal Injury caused by the crIme.
MEANING OF which add ignominy to the natural effects thereof The means employed or the cIrcumstances brought about must tend to make the effects of the crIme more humIlIatIng to vIctIm or to put the offended party to shame, or add to hIs moral sufferIng. Thus It Is Incorrect to apprecIate IgnomIny where the vIctIm was already dead when hIs body was dIsmembered, for such act may not be considered to have added to the victims moral sufferIng or humIlIatIon. (People vs. Ccrmnc, 6.R. No. 81404, 1cnucry 28, 11)
ApplIcable to crImes agaInst chastIty, less serIous physIcal InjurIes, lIght or grave coercIon, and murder.
8CB<bPOB >C?=X when an entrance Is effected by a way not Intended for the purpose.
Unlawful entry must be a means to effect entrance and not ]or esccpe.
(&+0"% 1"( +22(+7+/)"%6 Dne who acts, not respectIng the walls erected by men to guard theIr property and provIde for theIr personal safety, shows a greater perversIty, a greater audacIty; hence, the law punIshes hIm wIth more severIty.
ThIs cIrcumstance Is aggravatIng only In those cases where the offender resorted to any of saId means to enter the house. f the wall, etc., Is broken In order to get out of the place, It Is not an aggravatIng cIrcumstance. 5+(: K` 5+(: K_ t Involves the breakIng (rompmento) of the enumerated parts of the house. Presupposes that there Is no such breakIng as by entry through the wIndow.
00 !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) f the offender broke a wIndow to enable hImself to reach a purse wIth money on the table near that wIndow, whIch he took whIle hIs body was outsIde of the buIldIng, the crIme of theft was attended by thIs aggravatIng cIrcumstance. t Is not necessary that the offender should have entered the buIldIng.
/-" E)11&(&%/ ')('8*0/+%'&0 2("85&E )% /.)0 5+(+2(+5.6 1. WIth the aId of persons under fIfteen years of age: Tends to repress, so far as possIble, the frequent practIce resorted to by professIonal crImInals to avaIl themselves of mnors takIng advantage of theIr rresponsblty. 2. 8y means of motor vehIcles, aIrshIps, or other sImIlar means: ntended to counteract the yrect ]ccltes found by modern crImInals In saId means to commt crme and ]lee cnd cbscond once the scme s commtted. Use of motor vehIcle Is aggravatIng where the accused purposely cnd delberctely used the motor vehIcle In goIng to the place of the crIme, In carryIng away the effects thereof, and In facIlItatIng theIr escape.
MEANING OF or other similar means Should be understood as referrIng to motorzed vehIcles or other effIcIent means of transportatIon sImIlar to automobIle or aIrplane.
'=O>B?X there Is cruelty when the culprIt en]oys and delyhts In makIng hIs vIctIm suffer slowly and gradually, causIng unnecessary physIcal paIn In the consummatIon of the crImInal act.
(&Y8)0)/&0 "1 '(8&,/96 1. That the Injury caused be delberctely ncrecsed by causIng other wrony; 2. That the other wrong be unnecesscry for the executIon of the purpose of the offender.
Cruelty Is not Inherent In crImes agaInst persons. n order for It to be apprecIated, there must be posItIve proof that the wounds found on the body of the vIctIm were InflIcted whIle he was stIll clve In order unnecessarIly to prolong physIcal sufferIng.
f the vIctIm was already dead when the acts of mutIlatIon were beIng performed, thIs would also qualIfy the kIllIng to murder due to outragIng of hIs corpse.
)2%"*)%9 I5+(:K^M '(8&,/9 I5+(: ;KM nvolves moral sufferIng Fefers to physIcal sufferIng
UnlIke mItIgatIng cIrcumstances (par. 10, Art. 1J), there Is no provIsIon for aggravatIng cIrcumstances of a sImIlar or analogous character.
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+B?>=C<?@U> R@=ROSH?<CR>H are those whIch must be taken Into consIderatIon as aggravatIng or mItIgatIng accordIng to the nature and effects of the crIme and the other condItIons attendIng Its commIssIon.
!+0)06 The nature and effects of the crIme and the other condItIons attendIng Its commIssIon.
/.& +,/&(%+/)7& ')('8*0/+%'&0 +(&6 1. FelatIonshIp; 2. ntoxIcatIon; and J. 0egree of InstructIon and educatIon of the offender.
(&,+/)"%0.)5 The alternatIve cIrcumstance of relatIonshIp shall be taken Into consIderatIon when the offended party Is the a) Spouse, b) Ascendant, c) 0escendant, d) LegItImate, natural, or adopted brother or sIster, or e) FelatIve by affInIty In the same degree of the offender.
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#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. "/.&( (&,+/)7&0 )%',8E&E6 1. The relatIonshIp of stepfather or stepmother and stepson or stepdaughter. FEASDN: t Is the duty of the stepparents to bestow upon theIr stepchildren a mothers/fathers affectIon, care and protectIon. 2. The relatIonshIp of adopted parent and adopted chIld. 8ut the relatIonshIp of uncle and nIece Is not covered by any of the relatIonshIp mentIoned.
-.&% (&,+/)"%0.)5 *)/)2+/)%2 +%E -.&% +22(+7+/)%26 1. As a rule, relatIonshIp Is mItIgatIng In crImes agaInst property, by analogy to the provIsIons of Art. JJ2. Thus, relatIonshIp Is mItIgatIng In the crImes of robbery (Arts. 294 J02), usurpatIon (Art. J12), fraudulent Insolvency (Art. J14) and arson (Arts. J21J22, J25 J26).
2. n crImes agaInst persons a) t Is aggravatIng where the offended party Is a relatIve of . a hyher deyree than the offender, or . when the offender and the offended party are relatIves of the scme level (e.g. brothers) b) 8ut when It comes to physIcal InjurIes: I. t Is aggravatIng when the crIme Involves serous physccl n]ures (Art. 26J), even If the offended party Is a descendant of the offender. 8ut the serIous physIcal InjurIes must not be InflIcted by a parent upon hIs chIld by excessIve chastIsement. II. t Is mItIgatIng when the offense commItted Is less serous physccl n]ures or slyht physccl n]ures, If the offended party Is a relatIve of a lower degree. III. t Is aggravatIng If the offended party Is a relatIve of a hIgher degree of the offender. c) When the crIme Is homIcIde or murder, relatIonshIp Is aggravatIng even If the vIctIm of the crIme Is a relatIve of a lower degree. d) n rape, relatIonshIp Is aggravatIng where a stepfather raped hIs stepdaughter or In a case where a father raped hIs own daughter. J. n crImes agaInst chastIty, lIke acts of lascIvIousness (Art. JJ6), relatIonshIp Is always aggravatIng, regardless of whether the offender Is a relatIve of a hIgher or lower degree of the offended party.
When the qualIfIcatIon gIven to the crIme Is derIved from the relatIonshIp between the offender and the offended party, It Is neIther mItIgatIng nor aggravatIng, because It Is nsepcrcble from and nherent In the offense. (e.g. parrIcIde, adultery and concubInage).
-.&% )%/"4)'+/)"% *)/)2+/)%2 +%E -.&% +22(+7+/)%26 1. |ItIgatIng I. f IntoxIcatIon Is not hcbtucl, or II. f IntoxIcatIon Is not subsequent to the plcn to commIt a felony. 2. AggravatIng I. f IntoxIcatIon Is hcbtucl, or II. f It Is ntentoncl (subsequent to the plan to commIt a felony).
/" !& &%/)/,&E /" /.& *)/)2+/)%2 ')('8*0/+%'& "1 )%/"4)'+/)"%Z )/ *80/ !& 0."-%6 1. That at the tIme of the commIssIon of the crImInal act, the accused has taken such quantIty of alcoholIc drInks as to blur hIs reason and deprIve hIm of a certaIn degree of control, and 2. That such IntoxIcatIon Is not habItual, or subsequent to the plan to commIt the felony. To be mitigating, the accuseds state of IntoxIcatIon must be proved. Dnce IntoxIcatIon Is establIshed by satIsfactory evIdence, In the absence of proof to the contrary, It Is presumed to be nonhabItual or unIntentIonal.
)CH?=OR?@DC D= >TOR<?@DC as an alternatIve cIrcumstance, does not refer only to lIterary but more to the level of IntellIgence of the accused. refers to the lack of suffIcIent IntellIgence and knowledge of the full significance of ones acts. Low degree of InstructIon and educatIon or lack of It Is generally mItIgatIng. HIgh degree of InstructIon and educatIon Is aggravatIng, when the offender took advantage of hIs learnIng In commIttIng the crIme.
2&%&(+, (8,&6 Lack of suffIcIent educatIon Is mItIgatIng. &4'&5/)"%06 0T !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) 1. CrImes agaInst property (e.g. arson, estafa, theft, robbery) 2. CrImes agaInst chastIty, and J. Treason because love of country should be a natural feelIng of every cItIzen, however unlettered or uncultured he may be.
AccessorIes are not lIable for lIght felonIes. FEASDN: n the commIssIon of lIght felonIes, the soccl wrony as well as the ndvducl pre]udce Is so small that penal sanctIon Is deemed not necessary for accessorIes.
The classIfIcatIon of the offenders as prIncIpal, accomplIce, or an accessory Is essentIal under the FPC. The classIfIcatIon maybe applIed to specIal laws only If the latter provIdes for the same graduated penaltIes as those provIded under the FPC.
/-" 5+(/)&0 )% +,, '()*&0
1. ActIve subject (the crImInal) Art. 16 enumerates the actIve subjects of the crIme. 2. PassIve subject (the Injured party) s the holder of the Injured rIght: the man, the jurIstIc person, the group, and the State.
Dnly natural persons can be the actIve subject of crIme because of the hyhly personcl ncture of the crImInal responsIbIlIty.
However, corporatIon and partnershIp can be a passIve subject of a crIme.
Corpses and anImals cannot be passIve subjects because they have no rIghts that may be Injured. EXCEPTDN: Under Art. 25J, the crIme of defamatIon may be commItted If the ImputatIon tends to blacken the memory of one who s decd.
ThIs artIcle applIes only when the offenders are to be judged by theIr IndIvIdual, and not collectIve, lIabIlIty.
+(/: K^ 5()%')5+,0
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1. Those who take a dIrect part In the executIon of the act (PFNCPAL 8Y 0FECT PAFTCPATDN) 2. Those who dIrectly force or Induce others to commIt It (PFNCPAL 8Y N0UCTDN) J. Those who cooperate In the commIssIon of the offense by another act wIthout whIch It would not have been accomplIshed (PFNCPAL 8Y N0SPENSA8LE CDDPEFATDN).
0%*1 2 0*&#.&:%/$ ,( 5&*-.' :%*'&.&:%'&)#
(&Y8)0)/&06 1. That they pcrtcpcted In the crmncl resoluton; and 2. That they ccrred out theIr plan and personclly took pcrt In Its executIon by acts whIch drectly tended to the scme end.
MEANING OF personally took part in its execution That the prIncIpal by dIrect partIcIpatIon must be at the scene of the commIssIon of the crIme, personally takIng part In Its executIon.
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(&Y8)0)/&0 1. That the Inducement be made dIrectly wIth the IntentIon of procurIng the commIssIon of the crIme; and 2. That such Inducement be the determInIng cause of the commIssIon of the crIme by the materIal executor.
Dne cannot be held guIlty of havIng InstIgated the commIssIon of the crIme wIthout fIrst beIng shown that the crIme was actually commItted (or attempted) by another. Thus, there can be no prIncIpal by Inducement (or by IndIspensable cooperatIon) unless there Is a prIncIpal by dIrect partIcIpatIon. 8ut there can be a prIncIpal by dIrect partIcIpatIon !"# %&'" ()**&+& ), -". 02
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. wIthout a prIncIpal by Inducement (or by IndIspensable cooperatIon).
/-" -+90 "1 !&'"*)%2 5()%')5+, !9 )%E8'/)"%6 1. 8y dIrectly forcIng another to commIt a crIme by a) UsIng IrresIstIble force. b) CausIng uncontrollable fear. n these cases, there Is no conspIracy, not even a unIty of crImInal purpose and IntentIon. Dnly the one usIng the force or causIng the fear Is crImInally lIable. The materIal executor Is not crImInally lIable because of Art. 12, pars. 5 and 6 (exemptIng cIrcumstances) 2. 8y dIrectly InducIng another to commIt a crIme by a) CIvIng of prIce, or offerIng of reward or promIse. The one gIvIng the prIce or offerIng the reward or promIse Is a prIncIpal by Inducement whIle the one commIttIng the crIme In consIderatIon thereof Is a prIncIpal by dIrect partIcIpatIon. There Is collectIve crImInal responsIbIlIty. b) UsIng words of command The person who used the words of command Is a prIncIpal by Inducement whIle the person who commItted the crIme because of the words of command Is a prIncIpal by dIrect partIcIpatIon. There Is also collectIve crImInal responsIbIlIty.
The Inducement must precede the act Induced and must be so InfluentIal In producIng the crImInal act that wIthout It, the act would not have been performed.
f the person who actually commItted the crIme had reason of hIs own to commIt the crIme, It cannot be saId that the Inducement was InfluentIal In producIng the crImInal act.
There Is an Inducement to commIt a crIme -F>C B@<AB>
8ecomes lIable only when the crIme Is commItted by the prIncIpal by dIrect partIcIpatIon.
The mere proposal to commIt a felony Is punIshable In treason or rebellIon. However, the person to whom the proposal Is made should not commIt the crIme, otherwIse, the proponent becomes a prIncIpal by Inducement. -F<? Q@CT DP R=@S> @CUDBU>T
nvolves any crIme
The proposal to be punIshable must Involve only treason or rebellIon.
&11&'/0 "1 +'Y8)//+, "1 5()%')5+, !9 E)(&'/ 5+(/)')5+/)"% 85"% ,)+!),)/9 "1 5()%')5+, !9 )%E8'&*&%/6 1. ConspIracy Is negatIved by the acquIttal of codefendant. 2. Dne cannot be held guIlty of havIng InstIgated the commIssIon of a crIme wIthout fIrst beIng shown that the crIme has been actually commItted by another. 8ut If the one charged as prIncIpal by dIrect partIcIpatIon Is acquItted because he acted wIthout crImInal Intent or malIce, hIs acquIttal Is not a ground for the acquIttal of the prIncIpal by Inducement. FEASDN FDF THE FULE: n exemptIng cIrcumstances, such as when the act Is not voluntary because of lack of Intent on the part of the accused, there Is a crIme commItted, only that the accused Is not a crImInal.
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(&Y8)0)/&06 1. PartIcIpatIon In the crImInal resolutIon, that Is, there Is eIther anterIor conspIracy or unIty of crImInal purpose and IntentIon ImmedIately before the commIssIon of the crIme charged; and 2. Coopercton n the commsson o] the o]]ense by performIng another act, wIthout whIch It would not have been accomplIshed.
0U !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) MEANING OF cooperat@DC @C ?F> RDSS@HH@DC DP ?F> DPP>CH> |eans to desIre or wIsh In common a thIng. 8ut that common wIll or purpose does not necessarIly mean prevIous understandIng, for It can be explaIned or Inferred from the cIrcumstances of each case.
f the cooperatIon Is not IndIspensable, the offender Is only an accomplIce.
'",,&'/)7& '()*)%+, (&05"%0)!),)/9 ThIs Is present when the offenders are crImInally lIable In the same manner and to the same extent. The penalty to be Imposed must be the same for all. PrIncIpals by dIrect partIcIpatIon have collectIve crImInal responsIbIlIty. PrIncIpals by InductIon, except those who dIrectly forced another to commIt a crIme, and prIncIpals by dIrect partIcIpatIon have collectIve crImInal responsIbIlIty. PrIncIpals by IndIspensable cooperatIon have collectIve crImInal responsIbIlItIes wIth the prIncIpals by dIrect partIcIpatIon.
)%E)7)E8+, '()*)%+, (&05"%0)!),)/9 n the absence of any prevIous conspIracy, unIty of crImInal purpose and IntentIon ImmedIately before the commIssIon of the crIme, or communIty of crImInal desIgn, the crImInal responsIbIlIty arIsIng from dIfferent acts dIrected agaInst one and the same person Is IndIvIdual and not collectIve, and each of the partIcIpants Is lIable only for the act commItted by hIm.
+(/: K_ +''"*5,)'&0 AccomplIces are persons who, not actIng as prIncIpals, cooperate In the executIon of the offense by prevIous and sImultaneous acts, whIch are not IndIspensable to the commIssIon of the crIme.
They act as mere Instruments who perform acts not essentIal to the perpetratIon of the offense.
(&Y8)0)/&06 1. That there be communIty of desIgn; that Is, knowIng the crImInal desIgn of the prIncIpal by dIrect partIcIpatIon, he concurs wIth the latter hIs purpose; 2. That he cooperates In the executIon of the offense by prevIous or sImultaneous acts, wIth the IntentIon of supplyIng materIal or moral aId In the executIon of the crIme In an effIcacIous way; and J. That there be a relatIon between the acts done by the prIncIpal and those attrIbuted to the person charged as an accomplIce.
8efore there could be an accomplIce, there must be a prIncIpal by dIrect partIcIpatIon. The person charged as an accomplIce should not have InflIcted a mortal wound. f he InflIcted a mortal wound, he becomes a prIncIpal by dIrect partIcIpatIon. n case of doubt, the partIcIpatIon of the offender wIll be consIdered that of an accomplIce rather than that of a prIncIpal.
+(/: K` +''&00"()&0 AccessorIes are those who - havIng knowledge of the commIssIon of the crIme, and - wIthout havIng partIcIpated thereIn eIther as prIncIpals or accomplIces, take part subsequent to Its commIssIon In any of the followIng acts:
1. 8y profItIng themselves or assIstIng the offender to profIt by the effects of the crIme. 2. AssIstIng the offender to profIt by the effects of the crIme. J. 8y concealIng or destroyIng the body of the crIme to prevent Its dIscovery.
n profItIng by the effects of the crIme, the accessory must receIve the property from the prIncIpal. He should not take It wIthout the consent of the prIncIpal. f he took It wIthout the consent of the prIncIpal, he Is not an accessory but a prIncIpal In the crIme of theft.
/-" ',+00&0 "1 +''&00"()&0 '"%/&*5,+/&E )% 5+(: J "1 +(/: K` a) PublIc offIcers who harbor, conceal or assIst In the escape of the prIncIpal of any crIme (not lIght felony) wIth abuse of hIs publIc functIons.
(>NO@H@?>H6 1. The accessory Is a publIc offIcer. 2. He harbors, conceals, or assIsts In the escape of the prIncIpal. J. The publIc offIcer acts wIth abuse of hIs publIc functIons. !"# %&'" ()**&+& ), -". 0V
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. 4. The crIme commItted by the prIncIpal Is any crIme, provIded It Is not a lIght felony.
b) PrIvate persons who harbor, conceal or assIst In the escape of the author of the crIme who Is guIlty of treason, parrIcIde, murder, or attempts agaInst the lIfe of the PresIdent, or who Is known to be habItually guIlty of some other crIme.
(>NO@H@?>H6 1. The accessory Is a prIvate person. 2. He harbors, conceals or assIsts In the escape of the author of the crIme. J. The crIme commItted by the prIncIpal Is eIther: I. Treason, II. ParrIcIde, III. |urder, Iv. An attempt agaInst the lIfe of the PresIdent, or v. That the prIncIpal Is known to be habItually guIlty of some other crIme.
Where the alleged prIncIpal Is acquItted, It Is neIther proper nor possIble to convIct the defendant as an accessory. The responsIbIlIty of the accessory Is subordInate to that of the prIncIpal In a crIme HDWE7EF, convIctIon of an accessory Is possIble notwIthstandIng the acquIttal of the prIncIpal, If the crIme was In fact commItted, but the prIncIpal was not held lIable, because of an exemptIng cIrcumstance (Art. 12), such as InsanIty or mInorIty.
NeIther the letter nor the spIrIt of the law requIres that the prIncIpal be convIcted before one may be punIshed as an accessory. As long as the corpus delIctI Is proved and the accessorys partIcIpatIon as such Is shown, he can be held crImInally responsIble and meted out the correspondIng penalty (lnovero vs. Coronel, CA, 5 D.6. J10).
The prescrIbed acts of the accessory under par. 2 must have been Intended to prevent the dIscovery of the crIme, hence, mere sIlence does not make one an accessory. f, however, the crIme Involved Is a conspIracy to commIt treason, hIs sIlence may hold hIm lIable for mIsprIsIon of treason (Art. 116) but as a prIncIpal thereof.
Where the accused mIsleads the authorItIes by gIvIng them false InformatIon, such act Is equIvalent to concealment and he should be held as an accessory.
+C?@31>CR@CV ,<b DP K`^` 5=>H: E>R=>> K[K; FencIng Is an act, wIth Intent to gaIn, of buyIng, sellIng, receIvIng, possessIng, keepIng, or In any other manner dealIng In anythIng of value whIch a person knows or should have known to be derIved from the proceeds of the crIme of robbery or theft.
Fence Is a person who commIts the act of fencIng. A fence who receIves stolen property as aboveprovIded Is not an accessory but a prIncIpal In the crIme defIned In and punIshed by the AntI FencIng Law. |ere possessIon of anythIng of value whIch has been the subject of robbery or theft shall be prmc ]cce evIdence of fencIng.
The exemptIon provIded for In thIs artIcle Is based on the tIes of blood and the preservatIon of the cleanlIness of ones name, which compels one to conceal crImes commItted by relatIves so near as those mentIoned In thIs artIcle.
+% +''&00"(9 )0 &4&*5/ 1("* '()*)%+, ,)+!,)/9 -.&% /.& 5()%')5+, )0 .)0 1. spouse, or 2. ascendant, or J. descendant, or 4. legItImate, natural or adopted brother, sIster or relatIve by affInIty wIthIn the same degree.
+''&00"(9 )0 %"/ &4&*5/ 1("* '()*)%+, ,)+!),)/9 &7&% )1 /.& 5()%')5+, )0 (&,+/&E /" .)*Z )1 08'. +''&00"(9 1. profIted by the effects of the crIme, or 2. assIsted the offender to profIt by the effects of the crIme. FEASDN: 8ecause such acts are prompted not by affectIon but by a detestable greed.
PublIc offIcer contemplated In par. J of Art. 19 Is exempt by reason of relatIonshIp to the prIncIpal, even If 0W !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) such publIc offIcer acted wIth abuse of hIs offIcIal functIons. FEASDN: TIes of blood or relatIonshIp constItutes a more powerful IncentIve than the call of duty.
5:E: K_;` penalIzes the act of any person who knowIngly or wIllfully obstructs, Impedes, frustrates or delays the apprehensIon of suspects and the InvestIgatIon and prosecutIon of crImInal cases.
The benefIts of the exceptIon In Art. 20 do not apply to P0 1829.
/)/),& /.(&&6 5&%+,/)&0
'F<G?>= "C>6 5>C<B?@>H @C 2>C>=<B I+=?H: ;K3;WM
5>C<B?X Is the sufferIng that Is InflIcted by the State for the transgressIon of the law.
E)11&(&%/ a8()E)'+, '"%E)/)"%0 "1 5&%+,/9 1. |ust be productIve of sufferIng, wIthout however affectIng the IntegrIty of the human personalIty. 2. |ust be commensurate wIth the offense dIfferent crImes must be punIshed wIth dIfferent penaltIes. J. |ust be personal no one should be punIshed for the crIme of another. 4. |ust be legal It Is the consequence of a judgment accordIng to law. 5. |ust be certaIn no one may escape Its effects. 6. |ust be equal for all. 7. |ust be correctIonal.
58(5"0& "1 /.& 0/+/& )% 58%)0.)%2 '()*&0 The State has an exIstence of Its own to maIntaIn, a conscIence to assert, and moral prIncIples to be vIndIcated. Penal justIce must therefore be exercIsed by the State In the servIce and satIsfactIon of a duty, and rests prImarIly on the moral rIghtfulness of the punIshment InflIcted.
The basIs of the rIght to punIsh vIolatIons of penal law Is the polIce power of the State.
/.&"()&0 a80/)19)%2 5&%+,/96 1. PreventIon to prevent or suppress the danger to the State arIsIng from the crImInal act of the offender.
2. Selfdefense so as to protect socIety from the threat and wrong InflIcted by the crImInal.
J. FeformatIon the object of punIshment In crImInal cases Is to correct and reform the offender.
4. ExemplarIty the crImInal Is punIshed to serve as an example to deter others from commIttIng crImes.
5. JustIce that crIme must be punIshed by the State as an act of retrIbutIve justIce, a vIndIcatIon of absolute rIght and moral law vIolated by the crImInal.
/.(&&31",E 58(5"0& "1 5&%+,/9 8%E&( /.& '"E&6 1. FetrIbutIon or expIatIon the penalty Is commensurate wIth the gravIty of the offense. 2. CorrectIon or reformatIon shown by the rules whIch regulate the executIon of the penaltIes consIstIng In deprIvatIon of lIberty. J. SocIal defense shown by Its InflexIble severIty to recIdIvIsts and habItual delInquents.
+(/: ;K 5&%+,/)&0 /.+/ *+9 !& )*5"0&E
A felony shall be punIshable only by the penalty prescrIbed by law at the tIme of Its commIssIon. t Is a guaranty to the cItIzen of thIs country that no acts of hIs, wIll be consIdered crImInal untIl the Covernment has made It so by law and has provIded a penalty. FEASDN: 8ecause a law cannot be ratIonally obeyed unless It Is fIrst shown, and a man cannot be expected to obey an order that has not been gIven.
+(/: ;; (&/("+'/)7& &11&'/ "1 5&%+, ,+-0
CENEFAL FULE: Penal laws are applIed prospectIvely. EXCEPTDN: When retrospectIve applIcatIon wIll be favorable to the person guIlty of a felony; ProvIded that:
1. The offender Is NDT a habItual crImInal (delInquent) under Art. 62(5); !"# %&'" ()**&+& ), -". 0X
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. 2. The new or amendatory law does NDT provIde agaInst Its retrospectIve applIcatIon.
.<A@?O<B T>B@CNO>C? a person who, wIthIn a perIod of ten years from the date of hIs release or last convIctIon of the crImes of serIous or less serIous physIcal InjurIes, robbery, theft, estafa, or falsIfIcatIon, Is found guIlty of any saId crImes a thIrd tIme or oftener.
&4 5"0/ 1+'/" ,+- An act whIch when commItted was not a crIme, cannot be made so by statute wIthout vIolatIng the constItutIonal InhIbItIon as to ex post facto laws. An ex post facto law Is one whIch: 1. |akes crImInal an act done before the passage of the law and whIch was Innocent when done; 2. Aggravates a crIme, or makes It greater than It was, when commItted; J. Changes the punIshment and InflIcts a greater punIshment than the law annexed to the crIme when commItted; 4. Alters the legal rules of evIdence, and authorIzes convIctIon upon a less or dIfferent testImony than the law requIred at the tIme of the commIssIon of the offense; 5. Assumes to regulate cIvIl rIghts and remedIes only, In effect ImposIng a penalty or deprIvatIon of a rIght for somethIng whIch when done was lawful; and 6. 0eprIves a person accused of a crIme of some lawful protectIon to whIch he has become entItled, such as the protectIon of a former convIctIon or acquIttal, or a proclamatIon of amnesty.
f retroactIve effect of a new law Is justIfIed, It shall apply to the defendant even If he Is: 1. presently on trIal for the offense; 2. has already been sentenced but servIce of whIch has not begun; or J. already servIng sentence
The retroactIve effect of crImInal statutes does not apply to the culprits cIvIl lIabIlIty. FEASDN: The rIghts of offended persons or Innocent thIrd partIes are not wIthIn the gIft of arbItrary dIsposal of the State.
The provIsIons of Art. 22 are applIcable even to specIal laws whIch provIde more favorable condItIons to the accused.
'=@S@C<B B@<A@B@?X OCT>= ?F> =>G><B>T B<b HOAH@H?H6 1. When the provIsIons of the former law are reenacted; or The rIght to punIsh offenses commItted under an old penal law Is not extInguIshed If the offenses are stIll punIshable In the repealIng penal law. 2. When the repeal Is by ImplIcatIon; or When a penal law, whIch ImplIedly repealed an old law, Is Itself repealed, the repeal of the repealIng law revIves the prIor penal law, unless the language of the repealIng statute provIdes otherwIse. f the repeal Is absolute, crImInal lIabIlIty Is oblIterated. J. When there Is a savIng clause.
+(/: ;J3 &11&'/ "1 5+(E"% !9 /.& "11&%E&E 5+(/9
CENEFAL FULE Pardon by the offended party does not extInguIsh the crImInal lIabIlIty of the offender. FEASDN: A crIme commItted Is an offense agaInst the State. Dnly the ChIef ExecutIve can pardon the offenders.
EXCEPTDN Pardon by the offended party wIll bar crImInal prosecutIon In the followIng crImes:
Adultery and ConcubInage (Art. J44, FPC) EXPFESS or |PLE0 pardon must be gIven by offended party to 8DTH offenders. Pardon must be gIven PFDF to InstItutIon of crImInal actIon.
SeductIon, AbductIon, Acts of LascIvIousness (Art. J44, FPC)
EXPFESS pardon gIven by offended party or her parents or grandparents or guardIan Pardon must be gIven PFDF to the InstItutIon of the crImInal actIon. However, marrIage between the offender and the offended party E7EN AFTEF the InstItutIon of the crImInal actIon or convIctIon of the offender wIll extInguIsh the crImInal actIon or remIt the penalty already Imposed agaInst the offender, hIs S1 !""# "#$%&'()*#+ ,'& -.#&'%)-$/
Fape (as amended by F.A. 8J5J) The subsequent valId marrIage between the offender and the offended party shall extInguIsh crImInal lIabIlIty or the penalty Imposed. n case the legal husband Is the offender, subsequent forgIveness by the wIfe as offended party shall also produce the same effect.
Pardon by the offended party under Art. J44 Is DNLY A 8AF to crImInal prosecutIon; It Is NDT a ground for extInguIshment of crImInal lIabIlIty.
Nevertheless, cIvIl lIabIlIty may be extInguIshed by the EXFESS WA7EF of the offended party.
+% "11&%0& '+80&0 /-" ',+00&0 "1 )%a8()&06 0"')+, )%a8(9 5&(0"%+, )%a8(9 Produced by the dIsturbance and alarm whIch are the outcome of the offense.
Caused to the vIctIm of the crIme who suffered damage eIther to hIs person, to hIs property, to hIs honor or to her chastIty.
s sought to be repaIred through the ImposItIon of the correspondIng penalty. s repaIred through IndemnIty. The offended party cannot pardon the offender so as to relIeve hIm of the penalty. The offended party may waIve the IndemnIty and the State has no reason to InsIst In Its payment.
/.& 1",,"-)%2 +(& %"/ '"%0)E&(&E +0 5&%+,/)&06 1. The arrest and temporary detentIon of accused persons, as well as theIr detentIon by reason of InsanIty or ImbecIlIty, or Illness requIrIng theIr confInement In a hospItal. 2. The commItment of a mInor to any of the InstItutIons mentIoned In Art. 80 (now Art. 192, P0 No. 60J) and for the purposes specIfIed thereIn. J. SuspensIon from the employment or publIc offIce durIng the trIal or In order to InstItute proceedIngs. 4. FInes and other correctIve measures whIch, In the exercIse of theIr admInIstratIve or dIscIplInary powers, superIor offIcIals may Impose upon theIr subordInates. 5. 0eprIvatIon of rIghts and the reparatIons whIch the cIvIl law may establIsh In penal form.
(><HDCH bFX ?F>X <=> CD? G>C<B?@>H6 1. 8ecause they are not Imposed as a result of judIcIal proceedIngs. Those mentIoned In paragraphs 1, J and 4 are merely preventIve measures before convIctIon of offenders. 2. The offender Is not subjected to or made to suffer these measures In expIatIon of or as punIshment for a crIme.
Par. 1 does not refer to the confInement of an Insane or ImbecIle who has not been arrested for a crIme. It refers to accused persons who are detained by reason of insanity or imbecility.
Paragraphs J and 4 refer to admInIstratIve suspensIon and admInIstratIve fInes and not to suspensIon or fIne as penaltIes for vIolatIons of the FPC.
The deprIvatIons of rIghts establIshed In penal form by the cIvIl laws Is Illustrated In the case of parents who are deprIved of theIr parental authorIty If found guIlty of the crIme of corruptIon of theIr mInor chIldren, In accordance wIth Art. JJ2 of the CIvIl Code.
Where a mInor offender was commItted to a reformatory pursuant to Art. 80 (now, P0 60J), and whIle thus detaIned he commIts a crIme thereIn, he cannot be consIdered a quasIrecIdIvIst sInce hIs detentIon was only a preventIve measure, whereas a quasIrecIdIvIsm presupposes the commIssIon of a crIme durIng the !"# %&'" ()**&+& ), -". S!
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. servIce of the penalty for a prevIous crIme.
The scale In Art. 25 Is only a general classIfIcatIon of penaltIes based on theIr severIty, nature and subject matter.
The scale of penaltIes In Art. 70 Is provIded for successIve servIce of sentences Imposed on the same accused, In consIderatIon of theIr severIty and natures. The scales In Art. 71 are for the purpose of graduatIng the penaltIes by degrees In accordance wIth the rules In Art. 61.
',+00)1)'+/)"% "1 5&%+,/)&0 8%E&( +(/)',& ;d6 a) 8ased on theIr severIty or gravIty 1. CapItal, 2. AfflIctIve, J. CorrectIonal, 4. LIght ThIs classIfIcatIon corresponds to the classIfIcatIon of felonIes In Art. 9, Into grave, less grave and lIght. b) 8ased on theIr nature 1. PrIncIpal penaltIes those expressly Imposed by the court In the judgment of convIctIon. |ay be further classIfIed based on dIvIsIbIlIty I. 0IvIsIble are those that have fIxed duratIon and are dIvIsIble Into three perIods. II. ndIvIsIble are those whIch have no fIxed duratIon. These are: 1) 0eath 2) Recluson perpetuc J) Perpetual absolute or specIal dIsqualIfIcatIon 4) PublIc censure 2. Accessory penaltIes are those that are deemed Included In the prIncIpal penaltIes.
c) 8ased on subject matter 1. Corporal (death). 2. 0eprIvatIon of freedom (reclusIon, prIsIon, arresto). J. FestrIctIon of freedom (destIerro). 4. 0eprIvatIon of rIghts (dIsqualIfIcatIon and suspensIon). 5. PecunIary (fIne).
Perpetual or temporary absolute dIsqualIfIcatIon, perpetual or temporary specIal dIsqualIfIcatIon, and suspensIon may be prIncIpal or accessory penaltIes. EXA|PLES: . Perpetual absolute dIsqualIfIcatIon Is a prIncIpal penalty In prevarIcacIon (Art. 204) and perpetual specIal dIsqualIfIcatIon, In malversatIon (Art. 217). . Temporary absolute dIsqualIfIcatIon Is a prIncIpal penalty when the accessory acts wIth abuse of publIc functIons (Art, 19[J] and Art. 58) and temporary specIal dIsqualIfIcatIon, In dIrect brIbery (Art. 206). . SuspensIon Is a prIncIpal penalty In rendItIon of unjust Interlocutory orders (Art. 206).
8ond to keep the peace Is Imposed only In the crIme of threats (Art. 284), eIther grave (Art. 282) or lIght (Art. 28J).
1)%& )06 1. AfflIctIve over P6,000.00 2. CorrectIonal P200.00 to P6,000.00 J. LIght penalty less than P200.00
Same basIs may be applIed to 8ond to keep the peace by analogy.
ThIs artIcle determInes the classIfIcatIon of a fIne whether Imposed as a sIngle or as an alternatIve penalty for a crIme.
The rule hereIn does not apply where the fIne Involved Is In a compound penalty, that Is, It Is Imposed In conjunctIon wIth another penalty.
Where the fIne In questIon Is exactly P200, under Art. 9 It Is a lIght felony, hence the felony Involved Is a lIght felony; whereas under Art. 26, It Is a correctIonal penalty, hence the offense Involved Is a less grave felony. t has been held that thIs dIscrepancy S0 !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) should be resolved lIberally In favor of the accused, hence Art. 9 prevaIls over Art. 26 (People vs. Yu Hc, Phl. Z25). HDWE7EF, accordIng to JustIce Fegalado there Is no such dIscrepancy. What Is really In Issue Is the prescrIptIon of the offense vscvs the prescrIptIon of the penalty, the former beIng the forfeIture of the rIght of the State to prosecute the offender and the latter beIng the loss of Its power to enforce the judgment agaInst the convIct.
1. Recluson perpetuc 20 yrs. and 1 day to 40 yrs. 2. Recluson temporcl 12 yrs. and 1 day to 20 yrs. J. Prson mcyor and temporary dIsqualIfIcatIon 6 yrs. and 1 day to 12 yrs., except when dIsqualIfIcatIon Is an accessory penalty, In whIch case Its duratIon Is that of the prIncIpal penalty. 4. Prson correcconcl, suspenson, and desterro 6 mos. and 1 day to 6 yrs., except when suspensIon Is an accessory penalty, In whIch case Its duratIon Is that of the prIncIpal penalty. 5. Arresto mcyor 1 mo. And 1 day to 6 mos. 6. Arresto menor 1 day to J0 days 7. 8ond to keep the peace the perIod durIng whIch the bond shall be effectIve Is dIscretIonary on the court.
0esterro Is a prIncIpal, correctIonal and dIvIsIble penalty.
)C bF<? R<H>H @H 5-$'&-**) @SGDH>T] 1. SerIous physIcal InjurIes or death under exceptIonal cIrcumstances. (Art. 247) 2. n case of faIlure to gIve bond for good behavIor. (Art. 284) J. As a penalty for the concubIne In concubInage. (Art. JJ4) 4. n cases where after reducIng the penalty by one or more degrees, desterro Is the proper penalty.
+(/: ;_ '"*58/+/)"% "1 5&%+,/)&0
1. When the offender Is In prIson the duratIon of temporary penaltIes Is from the day on whIch the judgment of convIctIon becomes fInal. 2. When the offender Is not In prIson the duratIon of penaltIes consIstIng In deprIvatIon of lIberty, Is from the day that the offender Is placed at the dIsposal of judIcIal authorItIes for the enforcement of the penalty. J. The duratIon of other penaltIes the duratIon Is from the day on whIch the offender commences to serve hIs sentence.
5=>U>C?@U> @SG=@HDCS>C? Is the perIod of detentIon undergone by an accused where the crIme wIth whIch he Is charged Is nonbaIlable or, even If baIlable, he Is unable to post the requIsIte baIl.
These rules on preventIve ImprIsonment apply to all sentences regardless of the duratIon thereof, IncludIng the socalled perpetual penaltIes as long as they Involve deprIvatIon of lIberty. t applIes to desterro.
-F>C @H ?F> T>?>C?@DC G=@HDC>= >C?@?B>T ?D ?F> POBB R=>T@? DP F@H G=>U>C?@U> @SG=@HDCS>C?] f the detentIon prIsoner agrees voluntarIly In wrItIng to abIde by the same dIscIplInary rules Imposed upon convIcted prIsoners. -F>C b@BB F> A> R=>T@?>T DCBX b@?F PDO=3 P@P?FH ?F> ?@S> TO=@CV bF@RF F> F<H OCT>=VDC> G=>U>C?@U> @SG=@HDCS>C?] f the detentIon prIsoner does not agree to abIde by the same dIscIplInary rules Imposed upon convIcted prIsoners.
n the case of a youthful offender who has been proceeded agaInst under the ChIld and Youth Welfare Code, he shall be credIted In the servIce of hIs sentence wIth the full tIme of hIs actual detentIon, whether or not he agreed to abIde by the same dIscIplInary rules of the InstItutIon.
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. P@P?FH DP ?F> ?@S> DP G=>U>C?@U> @SG=@HDCS>C?6 1. FecIdIvIsts or those convIcted prevIously twIce or more tImes of any crIme. 2. Those who, upon beIng summoned for the executIon of theIr sentence, faIled to surrender voluntarIly.
HabItual delInquents are Included In No. 1.
No. 2 refers to convIcts who faIled to voluntarIly surrender to serve theIr penaltIes under a fInal judgment, sInce thIs Is IndIcatIve of a greater defIance of authorIty. t does not refer to faIlure or refusal to voluntarIly surrender after the commIssIon of the crIme.
A plebIscIte Is not mentIoned or contemplated In Art.J0, par. 2 (deprIvatIon of the rIght to vote), hence, the offender may vote In that exercIse, subject to the provIsIons of pertInent electIon laws at the tIme.
Perpetual absolute dIsqualIfIcatIon Is effectIve durIng the lIfetIme of the convIct and even after the servIce of the sentence.
Temporary absolute dIsqualIfIcatIon lasts durIng the term of the sentence, and Is removed after the servIce of the same, EXCEPT: 1) 0eprIvatIon of the publIc offIce or employment, and 2) Loss of all rIghts to retIrement pay or other pensIon for any offIce formerly held.
8ond to keep the peace Is dIfferent from baIl bond whIch Is posted for the provIsIonal release of a person arrested for or accused of a crIme.
')7), )%/&(E)'/)"% )% +(/: JW )0 )*5"0&E -.&% /.& 5&%+,/9 )06 1. 0eath whIch Is not carrIed out, 2. Recluson perpetuc,or J. Recluson temporcl
+(/: J[ 5+(E"%e )/0 &11&'/0
&11&'/0 "1 5+(E"% !9 /.& 5(&0)E&%/ 1. A pardon shall not restore the rIght to hold publIc offIce or the rIght of suffrage. EXCEPTDN: When any or both such rIghts Is/are expressly restored by the terms of the pardon.
2. t shall not exempt the culprIt from the payment of the cIvIl lIabIlIty.
,)*)/+/)"%0 85"% /.& &4&(')0& "1 /.& 5+(E"%)%2 5"-&(6 1. That the power can be exercIsed only after conviction by final judgment;
2. That such power does not extend to cases of Impeachment. 2&%&(+, (8,&6 When the prIncIpal penalty Is remItted by pardon, only the effect of that prIncIpal penalty Is extInguIshed, but not the accessory penaltIes attached to It. &4'&5/)"%6 When an absolute pardon Is granted after the term of ImprIsonment has expIred, It removes what Is left of the consequences of convIctIon.
Can extend to any crIme, unless otherwIse provIded by or subject to condItIons In the ConstItutIon or the laws.
ApplIes only to crImes agaInst chastIty under the FPC. +H ?D >c?@CVO@HFS>C? DP R=@S@C<B B@<A@B@?X ExtInguIshes crImInal lIabIlIty. 0oes not extInguIsh crImInal lIabIlIty although It may constItute a bar to the prosecutIon of the offender.
+? ?D ?F> >PP>R? DC R@U@B B@<A@B@?X Cannot affect the cIvIl lIabIlIty ex delIcto of the offender. The offended party can waIve the cIvIl lIabIlIty. -F>C V=<C?>T Can be extended only after convIctIon by fInal judgment of the accused. Can be valIdly granted only before the InstItutIon of the crImInal actIon. /D bFDS V=<C?>T To any or all of the accused n adultery and concubInage, must ST !""# "#$%&'()*#+ ,'& -.#&'%)-$/
'DH?H D= RDH?H DP HO@? are the expenses of lItIgatIon allowed and regulated by the Fules of Court to be assessed agaInst or to be recovered by a party In lItIgatIon.
/.& 1",,"-)%2 +(& )%',8E&E )% '"0/06 1. Fees, and 2. ndemnItIes, In the course of judIcIal proceedIngs.
Are chargeable to the accused only In cases of convIctIon. n case of acquIttal, the costs are de o]co, meanIng each party bearIng hIs own expenses.
The payment of costs Is a matter that rests entIrely upon the dIscretIon of courts.
+(/: J_ 3 5&'8%)+(9 ,)+!),)/)&0
-F<? <=> ?F> G>ROC@<=X B@<A@B@?@>H DP G>=HDCH R=@S@C<BBX B@<AB>] They are, In the followIng order: 1. The reparatIon of the damage caused 2. ndemnIfIcatIon of the consequentIal damages J. FIne 4. Costs of proceedIngs.
-F>C @H +=?:J_ <GGB@R<AB>] n case the property of the offender should not be suffIcIent for the payment of all hIs pecunIary lIabIlItIes.
+(/: J` 08!0)E)+(9 5&%+,/9
0OAH@T@<=X G>C<B?X It Is a subsIdIary personal lIabIlIty to be suffered by the convIct who has no property wIth whIch to meet the fIne, at the rate of one day for each eIght pesos (P8.00), subject to the rules provIded for In Art. J9.
SubsIdIary penalty shall be proper only If the accused has no property wIth whIch to pay the fIne, and not as a matter of choIce on hIs part by optIng to go to jaIl Instead of payIng.
SubsIdIary penalty Is not an accessory penalty, hence It must be specIfIcally Imposed by the court In Its judgment, otherwIse the accused cannot be made to serve the correspondIng subsIdIary ImprIsonment.
(8,&0 +0 /" 08!0)E)+(9 5&%+,/9 1. f the penalty Imposed Is prson correcconcl or crresto and fIne subsIdIary ImprIsonment Is not to exceed 1/J of the term of the sentence, and In no case to contInue for more than one year. FractIon or part of a day, not counted. 2. When the penalty Imposed Is fIne only subsIdIary ImprIsonment a) not to exceed 6 months If the culprIt Is prosecuted for grave or less grave felony, and b) not to exceed 15 days If prosecuted for lIght felony. J. When the penalty Imposed Is hIgher than prson correcconcl no subsIdIary ImprIsonment. 4. f the penalty Imposed Is not to be executed by confInement, but of fIxed duratIon subsIdIary penalty shall consIst In the same deprIvatIons as those of the prIncIpal penalty, under the same rules as nos. 1, 2 and J above. 5. n case the fInancIal cIrcumstances of the convIct should Improve, he shall pay the fIne, notwIthstandIng the fact that the convIct suffered subsIdIary personal lIabIlIty therefor.
When the penalty prescrIbed for the offense Is ImprIsonment, It Is the penalty actually Imposed by the Court, not the penalty provIded for by the Code, whIch should be consIdered In determInIng whether or not subsIdIary penalty should be Imposed.
%" 08!0)E)+(9 5&%+,/9 0.+,, !& )*5"0&E -.&(&6 1. The penalty Imposed Is hIgher than prson correcconcl or 6 years, AddItIonal penalty for habItual delInquency should be Included In determInIng whether or not subsIdIary penalty should be Imposed.
!"# %&'" ()**&+& ), -". S2
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. 2. For nonpayment of reparatIon or IndemnIfIcatIon,
J. For nonpayment of costs, and
4. Where the penalty Imposed Is a fIne and another penalty wIthout fIxed duratIon, lIke censure.
The rules on subsIdIary penalty In Art. J9 are applIcable to crImes punIshable by specIal laws by force of Art. 10 of the Code.
"8/,)%& "1 +''&00"(9 5&%+,/)&0 )%.&(&%/ )% 5()%')5+, 5&%+,/)&0 1. 0eath, when not executed by reason of commutatIon or pardon I. Perpetual absolute dIsqualIfIcatIon, and II. CIvIl InterdIctIon durIng J0 years, If not expressly remItted In the pardon.
2. Recluson perpetuc and recluson temporcl I. CIvIl InterdIctIon for lIfe or durIng the sentence, and II. Perpetual absolute dIsqualIfIcatIon, unless expressly remItted In the pardon of the prIncIpal penalty.
J. Prson mcyor I. Temporary absolute dIsqualIfIcatIon, and II. Perpetual specIal dIsqualIfIcatIon from suffrage, unless expressly remItted In the pardon of the prIncIpal penalty.
4. Prson correcconcl I. SuspensIon from publIc offIce, professIon or callIng, and II. Perpetual specIal dIsqualIfIcatIon from suffrage, If the duratIon of ImprIsonment exceeds 18 months, unless expressly remItted In the pardon of the prIncIpal penalty. There Is perpetual specIal dIsqualIfIcatIon from suffrage, only when the duratIon of the ImprIsonment exceeds 18 months.
5. Arresto suspensIon of the rIght to hold offIce and the rIght of suffrage durIng the term of the sentence.
The Code does not provIde for any accessory penalty for desterro.
(&',80)"% 5&(5&/8+ ,)1& )*5()0"%*&%/ Has a specIfIc duratIon of 20 years and 1 day to 40 years and accessory penaltIes.
Has no defInIte term or accessory penaltIes. mposable on felonIes punIshed by the FPC. mposable on crImes punIshable by specIal laws.
"8/,)%& "1 /.& 5("7)0)"% "1 /.)0 +(/)',& 1. Every penalty Imposed carrIes wIth It the forfeIture of the proceeds of the crIme and the Instruments or tools used In the commIssIon of the crIme. 2. The proceeds and Instruments or tools of the crIme are confIscated and forfeIted In favor of the Covernment. J. Property of a thIrd person not lIable for the offense, Is not subject to confIscatIon and forfeIture. 4. Property not subject of lawful commerce (whether It belongs to the accused or to thIrd person) shall be destroyed.
The confIscatIon and forfeIture of the proceeds and Instruments of a crIme Is an accessory penalty.
/F> G=DU@H@DCH DP +=?: Wd R<CCD? <GGBX bF>C 1. The Instruments belong to Innocent thIrd partIes, 2. Such propertIes have not been placed under the jurIsdIctIon of the court, and J. When It Is legally or physIcally ImpossIble.
ThIs accessory penalty presupposes a judgment of convIctIon. However, even If the accused Is acquItted on reasonable doubt, but the Instruments or proceeds are contraband, the judgment of acquIttal shall order theIr forfeIture for approprIate dIsposItIon.
2&%&(+, (8,&6 The penalty prescrIbed by law In yenercl terms shall be Imposed upon the prncpcls for a consummcted felony. &4'&5/6 When the penalty to be Imposed upon the prIncIpal In frustrated or attempted felony Is fIxed by law.
2(+E8+/)"% "1 5&%+,/)&0 1. 8Y 0ECFEES refers to a) the stcyes o] executon (consummated, frustrated, or attempted); and b) the deyree o] the crmncl pcrtcpcton of the offender (whether as prIncIpal, accomplIce or accessory). 2. 8Y PEFD0S refers to the proper perIod of the penalty whIch should be Imposed when cyyrcvctny or mtyctny cIrcumstances attend the commIssIon of the crIme.
+(/: W^ '+0&0 -.&(&)% /.& E&+/. 5&%+,/9 0.+,, %"/ !& )*5"0&E 1. UN0EF ACE. When the offender Is below 18 yecrs of age at the tIme of the commsson of the crIme. 2. D7EF ACE. When the guIlty person Is more thcn seventy (70) years of age. J. ND CDUFT |AJDFTY. When upon appeal or automatIc revIew of the case by the Supreme Court, the vote of eIght members Is not obtcned for the ImposItIon of the death penalty.
AutomatIc revIew Is avaIlable only In cases where death penalty Is Imposed (R.A. Z5).
'()*&0 58%)0.+!,& !9 E&+/. 8%E&( /.& E&+/. 5&%+,/9 ,+- I(+ ^[d`M 1. Treason 2. QualIfIed PIracy J. QualIfIed 8rIbery 4. ParrIcIde 5. |urder 6. nfantIcIde 7. KIdnappIng and SerIous llegal 0etentIon 8. Fobbery wIth HomIcIde, Fape, ntentIonal |utIlatIon, or Arson 9. Fape wIth the use of a deadly weapon, or by two or more persons where the vIctIm became Insane wIth HomIcIde 10. QualIfIed Fape 11. 0estructIve Arson 12. Plunder 1J. 7IolatIon of certaIn provIsIons of the 0angerous 0rugs Act 14. CarnappIng
+(/: W_ '"*5,&4 '()*&0
'"%'&5/6 1. n complex crIme, although 2 or more crImes are actually commItted, they constItute only one crme In the eyes of the law as well as In the conscIence of the offender. 2. The offender has only one crImInal Intent, hence there Is only one penclty Imposed for the commIssIon of a complex crIme.
/-" #)%E0 "1 '"*5,&4 '()*&06 1. CD|PDUN0 CF|E (delto compuesto) a sIngle act constItutes 2 or more grave or less grave felonIes. (&Y8)0)/&06 1. That only a snyle cct Is performed by the offender; 2. That the sIngle act produces: (1) two or more grave felonIes, or (2) one or more grave and one or more less grave felonIes.
2. CD|PLEX CF|E PFDPEF (delto comple]o) an offense Is a necesscry mecns for commIttIng the other. (&Y8)0)/&06 1. That at least two offenses are commItted; 2. That one or some of the offenses must be necesscry to commIt the other; J. That both or all of the offenses must be punIshed under the scme stctute.
%" '"*5,&4 '()*& )% /.& 1",,"-)%2 '+0&0 1. n case of contnuny crmes 2. When one offense Is commItted to concecl the other. J. When the other crIme Is an ndspenscble part or an element of the other offenses. !"# %&'" ()**&+& ), -". SV
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. 4. Where one of the offenses Is penalIzed by a speccl lcw. Art. 48 does not apply when the law provIdes one sIngle penalty for specIal complex crIme. These Include Fobbery wIth HomIcIde Fobbery wIth Fape Fape wIth HomIcIde KIdnappIng wIth SerIous PhysIcal njurIes KIdnappIng wIth HomIcIde or |urder
The penalty for complex crIme Is the penalty for the most serIous crIme, the same to be applIed In Its maxImum perIod.
f dIfferent crImes resultIng from one sIngle act are punIshed wIth the same penalty, the penalty for any one of them shall be Imposed, the same to be applIed In the maxImum perIod.
Art. 48 applIes to crImes through neglIgence. E.g.: offender found guIlty of a complex crIme of homIcIde wIth less serIous physIcal InjurIes through reckless Imprudence.
When 2 felonIes constItutIng a complex crIme are punIshable by ImprIsonment and fIne, respectIvely, only the penalty of ImprIsonment should be Imposed. FEASDN: fIne Is not Included In the lIst of penaltIes In the order of severIty, and It Is the last In the graduated scales In Art. 71 of the FPC.
0/;*%/&'( )9 E*&+-$ consIsts In the successve executIon, by the same ndvducl, of d]]erent crmncl acts, upon any of whIch no convcton has yet been declared.
#)%E06 1. FDF|AL DF 0EAL PLUFALTY only DNE CRlMlNAL LA8LTY. THFEE CFDUPS UN0EF THE FDF|AL TYPE: a) When the offender commIts any of the complex crmes In AFT 48. b) When the lcw specIfIcally fIxes a sIngle penalty for two or more offenses commItted. c) When the offender commIts contnuny crmes. 2. FEAL DF |ATEFAL PLUFALTY 0FFEFENT CF|ES In law, as well as In the conscIence of the offender; the offender shall be PUNSHE0 FDF EACH and every offense that he commItted. '"%/)%8)%2 '()*& Is a snyle crme, consIstIng of a seres o] ccts, but all arIsIng from DNE CF|NAL FESDLUTDN; length of tIme In the commIssIon Is ImmaterIal.
(&+, "( *+/&()+, 5,8(+,)/9 '"%/)%8&E '()*& 1. There Is a serIes of acts performed by the offender 1. There Is a serIes of acts performed by the offender 2. Each act performed by the offender constItutes a separate crIme, each act Is generated by a crImInal Impulse 2. The dIfferent acts constItute only one crIme, all of the acts performed arIse from one crImInal resolutIon
(8,&06 1. f the penalty for the felony commItted be hyher than the penalty for the offense whIch the accused Intended to commIt, the lower penalty shall be Imposed In Its maxImum perIod. 2. f the penalty for the felony commItted be lower than the penalty for the offense whIch the accused Intended to commIt, the lower penalty shall be Imposed In Its maxImum perIod. J. f the act commItted clso constItutes an attempt or frustratIon of another crIme, and the law prescrIbes a hyher penalty for eIther of the latter, the penalty for the attempted or frustrated crIme shall be Imposed In Its maxImum perIod.
The penalty for ImpossIble crIme Is Arresto Mcyor (ImprIsonment of 1 mo and 1 day to 6 mos) or fIne rangIng from 200500pesos. 8ASS FDF THE |PDSTDN DF PFDPEF PENALTY 1. SocIal danger; and 2. 0egree of crImInalIty shown by the offender
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) AccordIng to Arts. 5057, the penalty prescrIbed by law for the felony shall be lowered by one or two degrees, as follows: 1. For the prIncIpal In frustrated felony one degree lower; 2. For the prIncIpal In attempted felony two degrees lower; J. For the accomplIce In consummated felony one degree lower; 4. For the accessory In consummated felony two degrees lower;
E)+2(+* "1 /.& +55,)'+/)"% "1 +(/0: dL3 d^6
'"%08*3 *+/&E
1(803 /(+/&E
+//&*53 /&E
PrIn
0
1
2
Accom
1
2
J
Acces
2
J
4
In this diagram, 0 represents the penalty prescrIbed by law In defInIng a crIme, whIch Is to be Imposed on the prncpcl In a consummcted offense, In accordance wIth the provIsIons of Art. 64. The other fIgures represent the degrees to whIch the penalty must be lowered, to meet the dIfferent sItuatIons antIcIpated by law.
&11&'/06 1. Ayyrcvctny crcumstcnces (generIc and specIfIc) have the effect of IncreasIng the penalty, wIthout however exceedIng the maxImum perIod provIded by law. 2. Mtyctny crcumstcnces have the effect of dImInIshIng the penalty. J. Hcbtucl delnquency has the effect, not only of IncreasIng the penalty because of recIdIvIsm whIch Is generally ImplIed In habItual delInquency, but also of ImposIng an addItIonal penalty.
(&Y8)0)/&0 "1 .+!)/8+, E&,)Y8&%'96 1. that the offender had been convcted of any of the crImes of serIous or less serIous physIcal InjurIes, robbery, theft, estafa or falsIfIcatIon. 2. that after convIctIon or after servIng hIs sentence, he agaIn commtted, and, wIthIn 10 years from hIs last release of fIrst convIctIon, he was agaIn convcted of any of the saId crImes for the second tIme. J. that after hIs convIctIon of, or after servIng sentence for the second offense, he agaIn commtted, and, wIthIn 10 years from hIs last release or last convIctIon, he was agaIn convcted of any of saId offenses, the thIrd tIme or oftener.
.<A@?O<B@?X T@H?@CVO@HF>T P=DS =>R@T@U@HS .+!)/8+, E&,)Y8&%'9 (&')E)7)0* +H ?D ?F> '()*&0 RDSS@??>T The crImes are specIfIed t Is suffIcIent that the accused on the date of hIs trIal, shall have been prevIously convIcted by fInal judgment of another crIme embraced In the same tItle. +H ?D ?F> 5&()"E DP ?@S> ?F> R=@S>H <=> RDSS@??>T The offender Is found guIlty wIthIn ten years from hIs last release or last convIctIon. No perIod of tIme between the former convIctIon and the last convIctIon. +H ?D ?F> %8*!&( DP R=@S>H RDSS@??>T The accused must be found guIlty the thIrd tIme or oftener of the crImes specIfIed. The second offense Is for an offense found In the same tItle. +H ?D ?F>@= &11&'/0 An addItIonal penalty Is also Imposed f not offset by a mItIgatIng cIrcumstance, serves to Increase the penalty only to the maxImum
"8/,)%& "1 /.& (8,&06 1. When the penalty Is snyle ndvsble, It shall be cppled reycrdless of any mItIgatIng (except If prIvIlege mItIgatIng) or aggravatIng cIrcumstances. !"# %&'" ()**&+& ), -". SX
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. 2. When the penalty Is composed of two ndvsble penaltIes, the followIng rules shall be observed: c) When there Is only one cyyrcvctny cIrcumstance, the yrecter penclty shcll be mposed. b) When there Is neIther mItIgatIng nor aggravatIng cIrcumstances, the lesser penalty shall be Imposed. c) When there Is a mtyctny cIrcumstance and no cyyrcvctny cIrcumstance, the lesser penalty shall be Imposed. d) When both mItIgatIng and aggravatIng cIrcumstances are present, the court shall allow them to o]]set one cnother.
'+0&0 )% -.)'. *)/)2+/)%2 +%E +22(+7+/)%2 ')('8*0/+%'&0 +(& %"/ '"%0)E&(&E )% /.& )*5"0)/)"% "1 5&%+,/96 1. When the penalty Is sIngle and IndIvIsIble (except If prIvIleged mItIgatIng) 2. n felonIes through neglIgence J. When the penalty Is only a fIne Imposed by an ordInance 4. When the penaltIes are prescrIbed by specIal laws
+(/: [[: )*5"0)/)"% "1 1)%&0
"8/,)%& "1 /.& 5("7)0)"%6 1. The court can fIx any amount of the fIne wIthIn the lImIts establIshed by law. 2. The court must consIder: (1) the mItIgatIng and aggravatIng cIrcumstances; and (2) more partIcularly, the wealth or means of the culprIt. J. The court mcy also consIder: (1) the gravIty of the crIme commItted; (2) the heInousness of It s perpetratIon; and (J) the magnItude of Its effects on the offenders victims.
+55,)'+/)"% "1 +(/: [_6 ThIs artIcle Is not ImmedIately applIcable to a mInor under 18 years of age, because such mInor, If found guIlty of the offense charged, Is not sentenced to any penalty. The sentence s suspended and he Is ordered commtted to the reformatory InstItutIon, F, hIs applIcatIon therefore Is approved by the court.
ThIs artIcle Is applIcable when the minors application for suspension of sentence Is 0lSAPPRD\E0 or If whIle In the reformatory InstItutIon he becomes NCDFFC8LE, In whIch case he shall be returned to the court for the ImposItIon of the proper penalty.
+(/: ^L: 08''&00)7& 0&(7)'& "1 0&%/&%'&
/.& /.(&&31",E (8,&
1. THE |AX|U| 0UFATDN DF THE CONVICTS SENTENCE shall not be more than three tmes the length of tIme correspondIng to the most severe of the penaltIes Imposed upon hIm. 2. 8ut In no case to exceed 40 yecrs. J. ThIs rule shall apply only when the convIct Is to serve 4 or more sentences successvely. 4. SubsIdIary penalty forms part of the penalty.
E)11&(&%/ 090/&*0 "1 5&%+,/9Z (&,+/)7& /" /.& &4&'8/)"% "1 /-" "( *"(& 5&%+,/)&0 )*5"0&E "% "%& +%E /.& 0+*& +''80&E 1. Mctercl cccumulcton system No lImItatIon whatever, and accordIngly, all the penaltIes for all the vIolatIons were Imposed even If they reached beyond the natural span of human lIfe. 2. 1urdccl cccumulcton system LImIted to not more than three fold the length of tIme correspondIng to the most severe and In no case to exceed 40 years. ThIs Is followed In our jurIsdIctIon. J. Absorpton system The lesser penaltIes are absorbed by the graver penaltIes.
'"*5,&4 5&%+,/9 Is a penalty prescrIbed by law composed of three dIstInct penaltIes, each formIng a perIod: the lIghtest of them shall be the mInImum, the next the medIum, and the most severe the maxImum perIod.
'"%'&5/ "1 )%E&/&(*)%+/& 0&%/&%'& Is a sentence wIth a mnmum term and a mcxmum term
whIch, the court Is mcndcted to Impose for the bene]t o] c yulty person who Is not dsqucl]ed therefore, when the maxImum ImprIsonment exceeds one (1) yecr. t applIes to both vIolatIons of FevIsed Penal Code and specIal laws.
+: 0&%/&%'& )% /.& )0, n ImposIng a prIson sentence for an offense punIshed by the FevIsed Penal Code or specIal penal laws, the court shall sentence the accused to an IndetermInate sentence, whIch has a mcxmum and a mnmum term based on the penalty actually Imposed.
SL applIcatIon Is mandatory, where ImprIsonment would exceed one year.
): )1 /.& 5&%+,/9 )0 )*5"0&E !9 /.& (5'6 1. The Mcxmum Term Is that whIch could be properly mposed under the FPC, consIderIng the aggravatIng and mItIgatIng cIrcumstances. 2. The MnmumTerm Is wIthIn the range of the penalty one degree lower than that prescrIbed by the FPC, wIthout consIderIng the cIrcumstances. 8UT when there Is a prIvIleged mItIgatIng cIrcumstance, so that the penalty has to be lowered by one deyree, the STAFTNC PDNT for determnny the mnmum term of the IndetermInate penalty Is the penalty next lower than that prescrIbed by the Code for the offense.
)): )1 /.& 5&%+,/9 )0 )*5"0&E !9 05&')+, 5&%+, ,+- a) The Mcxmum Term must not exceed the maxImum term fIxed by saId law. b) The Mnmum Term must not be less than the mInImum term prescrIbed by the same.
For SPECAL LAWS, It Is anythIng wthn the nclusve rcnye of the prescrIbed penalty. Courts are gIven dIscretIon In the ImposItIon of the IndetermInate penalty. The aggravatIng and mItIgatIng cIrcumstances are not consIdered unless the specIal law adopts the same termInology for penaltIes as those used In the FPC (such as recluson perpetuc and the lIke).
!: -.&% !&%&1)/ "1 /.& )0, )0 %"/ +55,)'+!,&6 The ndetermInate Sentence Law shall not apply to the followIng persons: 1. sentenced to decth penclty or l]e mprsonment 2. trecson, or consprccy or proposcl to commIt treason J. mIsprIsIon of treason, rebellIon, sedton or espIonage 4. prccy 5. hcbtucl delnquents 6. escaped from confInement, or evaded sentence 7. granted wIth condtoncl pcrdon by the PresIdent, but vIolated the terms thereof 8. maxImum term of ImprIsonment does not exceed 1 yecr 9. sentenced to the penalty of desterro or suspenson only
': (&,&+0& "1 /.& 5()0"%&( "% 5+(",& The 8oard of Pardons and Parole mcy cuthorze the release of a prIsoner on parole, after he shall have served the mnmum penalty Imposed on hIm, provIded that: a) Such prIsoner Is ]tted by hIs traInIng for release, b) There Is reasonable probabIlIty that he wIll lIve and remaIn at lIberty wIthout volctny the law, c) Such release wIll not be IncompatIble wIth the wel]cre of socIety.
!"# %&'" ()**&+& ), -". T!
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. E: &%/)/,&*&%/ /" 1)%+, (&,&+0& +%E E)0'.+(2& f durIng the perIod of surveIllance such paroled prIsoner shall: (a) show hImself to be a law abIdIng cItIzen and, (b) shcll not vIolate any law, the 8oard may Issue a fInal certIfIcatIon In hIs favor, for hIs fInal release and dIscharge.
&: 0+%'/)"% 1"( 7)",+/)"% "1 '"%E)/)"%0 "1 /.& 5+(",& When the paroled prIsoner shall vIolate cny of the condItIons of hIs parole: (a) the 8oard mcy ssue cn order ]or hs crrest, and thereafter, (b) the prIsoner shall serve the remaInIng unexpIred portIon of the maxImum sentence for whIch he was orIgInally commItted to prIson.
1: (&+0"%0 1"( 1)4)%2 /.& *+4)*8* +%E *)%)*8* /&(*0 )% /.& )%E&/&(*)%+/& 0&%/&%'& The mInImum and maxImum terms In the S must be fIxed, because they are the basIs for the followIng: 1. Whenever a prIsoner has: (a) served the |N|U| penalty Imposed on hIm, and (b) Is fIt for release of the prIsoner on parole, upon terms and condItIons prescrIbed by the 8oard. 2. 8ut when the paroled prIsoner vIolates any of the condItIons of hIs parole durIng the perIod of surveIllance, he may be rearrested to serve the remaInIng unexpIred portIon of the |AX|U| sentence. J. Even If a prIsoner has already served the |N|U|, but he Is not fItted for release on the parole, he shall contInue to serve untIl the end of the |AX|U| term.
-FD @H < 9DO?FPOB "PP>CT>=] A youthful offender Is a chIld, mInor, or youth, IncludIng one who Is emancIpated In accordance wIth law, who Is over nIne years but under eIghteen years of age at the tIme of the commIssIon of the offense. A chIld nIne years of age or under at the tIme of the commIssIon of the offense shall be exempt from crImInal lIabIlIty and shall be commItted to the care of hIs or her father or mother, or nearest relatIve or famIly frIend In the dIscretIon of the court and subject to Its supervIsIon
The same shall be done for a chIld over nIne years and under fIfteen years of age at the tIme of the commIssIon of the offense, unless he acted wIth dIscernment, In whIch case he shall be proceeded agaInst In accordance wIth ArtIcle 192.
1. The purpose of the ChIld and Youth Welfare Code Is to avoId a sItuatIon where JU7ENLE DFFEN0EFS would commIngle wIth ordInary crImInals In prIson. 2. f the court fInds that the youthful offender commItted the crIme charged agaInst hIm, It shall 0ETEF|NE the Imposable penalty and the cIvIl lIabIlIty chargeable agaInst hIm. J. The court may not pronounce judgment of convIctIon but Instead SUSPEN0 all further proceedIngs If, upon cpplccton of the youthful offender, It fInds that the best nterest o] the publc and that of the offender wIll be served thereby. 4. The benefIts of ArtIcle 192 of P0 60J, as amended, provIdIng for suspensIon of sentence, shall NDT APPLY TD (1) a youthful offender who once en]oyed suspensIon of sentence under Its provIsIons, or (2) one who Is convIcted of an offense punIshable by decth or l]e mprsonment. 5. The youthful offender shall be FETUFNE0 to the commIttIng court for pronouncement of judgment, when the youthful offender, (1) has been found ncorryble, or (2) has wll]ully ]cled to comply wIth the condItIons of hIs rehabIlItatIon programs; or (J) when hIs contInued stay In the traInIng InstItutIon would be ncdvscble. 6. When the youthful offender has reached the age of TWENTYDNE whIle In commItment, the court shall determIne whether a) To 0S|SS the case, If the youthful offender has behcved properly and has shown hIs capabIlIty to be a use]ul member of the communIty; or b) To PFDNDUNCE the judgment of convIctIon, If the condItIons mentIoned are not met. 7. n the latter case, the convIcted offender may apply for PFD8ATDN. n any case, the youthful offender shall be credted In the servIce of hIs sentence wIth the full tIme spent In actual commItment and detentIon. 8. The fInal release of a youthful offender, based on good conduct as provIded In Art. 196 shall not oblIterate hIs C7L LA8LTY for damages. T0 !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) 9. A mInor who Is ALFE0Y AN A0ULT at the tIme of hIs convIctIon Is not entItled to a suspensIon of sentence.
5("!+/)"% ,+- "1 K`^[ I5E `[_Z +0 +*&%E&EM
+: '"%'&5/ PFD8ATDN Is a dIsposItIon under whIch a defendant after convIctIon and sentence Is released subject to condItIons Imposed by the court and to the supervIsIon of a probatIon offIcer.
!: +55,)'+/)"% ThIs shall apply to all offenders except those entItled to benefIts under P0 60J and sImIlar laws.
': (8,&0 "% 2(+%/ "1 5("!+/)"% 1. After havIng convIcted and sentenced a defendant, the trIal court |AY SUSPEN0 the executIon of the sentence, and place the defendant on probatIon, upon APPLCATDN by the defendant wIthIn the perod ]or per]ectny cn cppecl. 2. ProbatIon may be granted whether the sentence Imposed a term of ImprIsonment or ]ne only. J. ND applIcatIon for probatIon shall be entertaIned or granted If the defendant has PEFFECTE0 AN APPEAL from the judgment of convIctIon. 4. FIlIng of applIcatIon for probatIon operates as a WA7EF DF THE FCHT TD APPEAL. 5. The applIcatIon shall be fIled wIth the trIal court, and the order grantIng or denyIng probatIon shall NDT 8E APPEALA8LE. 6. Accessory pencltes are deemed suspended once probatIon Is granted.
E: 5"0/30&%/&%'& )%7&0/)2+/)"% The convIct Is not ImmedIately placed on probatIon. There shall be a prIor InvestIgatIon by the probatIon offIcer and a determInatIon by the court.
&: '()/&()+ 1"( 5,+')%2 +% "11&%E&( "% 5("!+/)"% The court shall consIder: 1. All InformatIon relatIve to the character, antecedents, envIronment, mental, and physIcal condItIon of the offender. 2. AvaIlable InstItutIonal and communIty resources.
1: 5("!+/)"% 0.+,, !& E&%)&E )1 /.& '"8(/ 1)%E0 /.+/6 1. The offender Is In need of correctIonal treatment that can be provIded effectIvely by hIs commItment to an InstItutIon. 2. There Is undue rIsk of commIttIng another crIme. J. ProbatIon wIll depreccte the serIousness of the offense commItted.
2: E)0Y8+,)1)&E "11&%E&(0 THE 8ENEFTS DF THE 0ECFEE SHALL NDT 8E EXTEN0E0 TD THDSE: 1. Sentenced to serve a maxImum term of ImprIsonment of more the yecrs. 2. ConvIcted of subverson or any crIme agaInst the nctoncl securty or the publc order. J. PrevIously convIcted by fInal judgment of an offense punIshed by ImprIsonment of not less thcn 1 month and 1 day and/or a fIne not less than P200. 4. Dnce placed on probcton.
.: '"%E)/)"%0 "1 5("!+/)"% 2 KN0S DF CDN0TDNS |PDSE0: 1. |andatory or general once vIolated, the probatIon Is ccncelled. They are: a) ProbatIoner: Presents hImself to the probatIon offIcer desIgnated to undertake hIs supervIsIon, at such place as may be specIfIed In the order, wIthIn 72 hours from receIpt of order; b) He reports to the probatIon offIcer at least once a month. 2. 0IscretIonary or specIal addItIonal condItIons lIsted, whIch the courts may addItIonally Impose on the probatIoner towards hIs correctIon and rehabIlItatIon outsIde prIson. HDWE7EF, the enumeratIon Is not InclusIve. ProbatIon statutes are lbercl In character and enable the courts to desIgnate practIcally ANY term It chooses, as long as the probationers Consttutoncl ryhts are not jeopardIzed. Also, they must not be unduly restrctve of probatIoner, and not IncompatIble wIth the ]reedom o] conscence of probatIoner.
): 5&()"E "1 5("!+/)"% FDF HDW LDNC |AY A CDN7CT 8E PLACE0 DN PFD8ATDN: 1. f the convIct Is sentenced to a term of ImprIsonment of NDT more thcn one !"# %&'" ()**&+& ), -". TS
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. yecr, the perIod of probatIon shall not exceed 2 years. 2. n all other cases, If he Is sentenced to more thcn one yecr, scd perod shcll not exceed yecrs. J. When the sentence Imposes a fIne only and the offender Is made to serve subsdcry mprsonment. The perIod of probatIon shall be twIce the total number of days of subsIdIary ImprIsonment.
a: +((&0/ "1 5("!+/)"%&( +%E 08!0&Y8&%/ E)05"0)/)"%0 1. At any tIme durIng probatIon, the court may Issue a warrant for the AFFEST of a probatIoner for any serIous vIolatIon of the condItIons of probatIon. 2. f vIolatIon Is establIshed, the court may (a) FE7DKE hIs probatIon, or (b) contInue hIs probatIon and |D0FY the condItIons thereof. ThIs order Is not appealable. J. f revoked, the probatIoner shall SEF7E the sentence orIgInally Imposed.
#: /&(*)%+/)"% "1 5("!+/)"% The court may order the fInal dIscharge of the probatIoner upon fIndIng that, he has fulfIlled the terms and condItIons of hIs probatIon.
,: &11&'/0 "1 /&(*)%+/)"% "1 5("!+/)"% 1. Case Is deemed termncted. 2. Restorcton of all cIvIl rIghts lost or suspended. J. Fully dschcryes lIabIlIty for any fIne Imposed.
Note that the probatIon Is NDT cotermInous wIth Its perIod. There must be an order Issued by the court dIschargIng the probatIoner.
E><?F H>C?>CR> HF<BB A> HOHG>CT>T bF>C <RROH>T @H <6 1. Woman, whIle pregnant, 2. Woman, wIthIn one year after delIvery, J. Person over 70 years of age; 4. ConvIct who becomes nscne, after fInal sentence of death has been pronounced.
+(/: _^: E&0/)&(("
"%,9 )% /.& 1",,"-)%2 '+0&0 )0 E&0/)&((" )*5"0&E6 1. 0eath or serIous physIcal InjurIes Is caused or are InflIcted under exceptoncl crcumstcnces (Art. 24Z);
2. FaIlure to gIve bond for good behavIor In grave and lIght threats (Art. 284); J. Penalty for the concubne In concubInage (Art. JJ4); 4. When, after reducIng the penalty by one or more degrees, desterro Is the proper penclty.
."- '()*)%+, ,)+!,)/9 /"/+,,9 &4/)%28)0.&E6 1. 8y the 0EATH of the convIct as to personal penaltIes; 8UT as to pecunIary penaltIes, lIabIlIty Is extInguIshed only when the death of the offender occurs before or after fInal judgment
2. 8y SEF7CE DF SENTENCE; J. 8y A|NESTY, whIch completely extInguIshes the penalty and all Its effects. 4. 8y A8SDLUTE PAF0DN 5. 8y PFESCFPTDN DF THE CF|E 6. 8y PFESCFPTDN DF PENALTY 7. 8y |AFFACE DF THE DFFEN0E0 WD|AN wIth the offender In the crImes of rape, seductIon, abductIon, and acts of lascIvIousness. n the crImes of rape, seductIon, abductIon, and acts of lascIvIousness, the marrIage, as provIded under Art J44, must be contracted In good faIth.
+*%&0/9 Is an act of the sovereIgn power yrcntny oblvon or general pardon for a past offense, and Is rarely If ever exercIsed In favor of a sIngle IndIvIdual, and Is usually extended In behalf of TT !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) certaIn classes of persons who are subject to trIal but have not yet been convIcted.
5+(E"% Is an act of grace, proceedIng from the power entrusted wIth the executIon of the laws, whIch exempts the IndIvIdual on whom It Is bestowed from the punIshment the law InflIcts for the crIme he has commItted.
5<=TDC T@H?@CVO@HF>T P=DS <SC>H?X 5+(E"% +*%&0/9
1. ncludes any crIme and Is exercIsed IndIvIdually by the PresIdent
1. A blanket pardon to classes of persons or communItIes who may be guIlty of polItIcal offenses.
2. ExercIsed when the person Is already convIcted
2. |ay be exercIsed even before trIal or InvestIgatIon Is had
J. |erely looks FDFWAF0 and relIeves the offender from the consequences of an offense of whIch he has been convIcted; It does not work for the restoratIon of the rIghts to hold publIc offIce, or the rIght of suffrage, unless such rIghts are expressly restored by means of pardon.
J. Looks 8ACKWAF0 and abolIshes and puts Into oblIvIon the offense Itself; It so overlooks and oblIterates the offense wIth whIch he Is charged that the person released by amnesty stands before the law precIsely as though he had commItted no offense. 4. 0oes not alter the fact that the accused Is a recIdIvIst as It produces only the extInctIon of the personal effects of the penalty. 4. |akes an ex convIct no longer a recIdIvIst, because It oblIterates the last vestIge of the crIme. 5. 0oes not extInguIsh the cIvIl lIabIlIty of the offender 5. 0oes not extInguIsh the cIvIl lIabIlIty of the offender 6. 8eIng PF7ATE ACT by the PresIdent, must be pleaded and proved by the person pardoned 6. 8eIng a ProclamatIon of the ChIef ExecutIve wIth the concurrence of Congress; Is a PU8LC ACT of whIch the courts should take judIcIal notIce
5=>HR=@G?@DC DP ?F> R=@S> Is the forfeIture or loss of the rIght of the State to prosecute the offender, after the lapse of a certaIn tIme.
5(&0'()5/)7& 5&()"E0 "1 '()*&06 1. CrImes punIshable by a) 0eath, recluson perpetuc or recluson temporcl 20 years b) afflIctIve penaltIes 15 years c) correctIonal penaltIes 10 years except those punIshable by crresto mcyor whIch shall prescrIbe In 5 years. When the penalty fIxed by law Is a compound one, the hIghest penalty shall be made the basIs of the applIcatIon of the rules contaIned above. 2. CrIme of lIbel 1 year J. Dffenses of oral defamatIon and slander by deed 6 months 4. LIght offenses 2 months
5=>HR=@G?@DC DP ?F> G>C<B?X Is the loss or forfeIture of the rIght of the government to execute the ]ncl sentence, after the lapse of a certaIn tIme.
5(&0'()5/)7& 5&()"E0 "1 5&%+,/)&06 1. 0eath and recluson perpetuc 20 years 2. Dther afflIctIve penaltIes 15 years J. CorrectIonal penaltIes 10 years except for the penalty of arresto mayor whIch prescrIbes In 5 years. 4. LIght penaltIes 1 year
"8/,)%& 1. PerIod of prescrIptIon commences to run ]rom the dcte when the culprt evcded the servce of hIs sentence. 2. t Is Interrupted when the convIct a) gIves hImself up, b) Is captured, c) goes to a foreIgn country wIth whIch we have no extradItIon treaty, or d) commIts any crIme be]ore the expIratIon of the perIod of prescrIptIon.
&,&*&%/0 1. That the penalty Is Imposed by fInal judgment 2. That the convIct evcded the servIce of hIs sentence by escapIng durIng the term of hIs sentence J. The convIct who escape from prIson hcs not gIven hImself up, or been captured, or gone to a foreIgn country 4. That the penalty has prescrIbed because of the lapse of tIme from the !"# %&'" ()**&+& ), -". T2
#$#%&' ()* )+ ,&)#)+(- -(. ,&)#)+(- -(. ,%##)//$$ CEAlRPLRSCN: Murk Luvld Murtlnez LLP: Llulne Musukut ASSlS1AN1S: Cutherlne Lunuo, Albert Rodrlguez, Cluro Reglno Sumugu, Clzelle Lou Cubuhug, Mury luren Qulzon, Leo Sun 'uun, Mu. vlctorlu Yumbuo, Ryun Lltu, 8uyunl 8rlllunte, 'r. date of the evasIon of servIce of the sentence by the convIct.
'()*)%+, ,)+!),)/9 )0 5+(/)+,,9 &4/)%28)0.&E6 1. 8y CDN0TDNAL PAF0DN; 2. 8y CD||UTATDN DF SEF7CE J. For CDD0 CDN0UCT ALLDWANCES whIch the culprIt may earn whIle he Is servIng sentence; 4. 8y PAFDLE a. Parole Is the suspenson of the sentence of a convIct, after servIng the mnmum term of the IndetermInate penalty, wIthout beIng granted a pardon, prescrIbIng the terms upon whIch the sentence shall be suspended
b. f the convIct faIls to observe the condItIon of the parole, the 8oard of Pardons and Parole Is authorIzed to : (1) dIrect hIs AFFEST AN0 FETUFN TD CUSTD0Y and thereafter; (2) to CAFFY DUT HS SENTENCE WTHDUT FE0UCTDN of the tIme that has elapsed between the date of the parole and the subsequent arrest. 5. 8y PFD8ATDN. See Probcton Lcw pcye42
'DCT@?@DC<B G<=TDC T@H?@CVO@HF>T P=DS G<=DB> '"%E)/)"%+, 5+(E"% 5+(",& 1. |ay be gIven at any tIme after fInal judgment; Is granted by the ChIef ExecutIve under the provIsIons of the AdmInIstratIve Code 1. |ay be gIven after the prIsoner has served the mInImum penalty; Is granted by the 8oard of Pardons and Parole under the provIsIon of the ndetermInate Sentence Law 2. For vIolatIon of the condItIonal pardon, the convIct may be ordered rearrested or reIncarcerated by the ChIef ExecutIve, or may be PFDSECUTE0 under Art. 159 of the Code 2. For vIolatIon of the terms of the parole, the convIct CANNDT 8E PFDSECUTE0 UN0EF AFT. 159 DF THE FPC, he can be rearrested and re Incarcerated to serve the unserved portIon of hIs orIgInal penalty.
+ '()*& .+0 + E8+, '.+(+'/&(6 1. As an offense agaInst the state, because of the dIsturbance of the socIal order; and 2. As an offense agaInst the prIvate person Injured by the crIme, UNLESS It Involves the crIme of treason, rebellIon, espIonage, contempt, and others whereIn no cIvIl lIabIlIty arIses on the part of the offender, eIther because there are no dcmcyes to be compensated or there Is no prvcte person Injured by the crIme.
&11&'/ "1 +'Y8)//+, Extncton o] the pencl ccton does NDT carry wIth It extInctIon of the cIvIl; UNLESS the extInctIon proceeds from a declaratIon In a fInal judgment that the fact from whIch the cIvIl lIabIlIty mIght arIse dId not exIst. (See SectIon 1, Fule 111 of the 2000 Fules on CrImInal Procedure. CIvIl lIabIlIty arIsIng from other sources of oblIgatIons Is not ImplIedly InstItuted wIth the crImInal actIon).
&11&'/ "1 E)0*)00+, "1 '+0& The dsmsscl o] the n]ormcton or the crImInal actIon does NDT affect the rIght of the offended party to InstItute or contInue the cIvIl actIon already InstItuted arIsIng from the offense, because such dIsmIssal or extInctIon of the penal actIon does not carry wIth It the extInctIon of the cIvIl actIon.
&11&'/ "1 E&+/. "1 /.& "11&%E&( f the offender dIes prIor to the InstItutIon of the actIon or prIor to the fInalIty of judgment, cIvIl lIabIlIty exdelIcto Is extInguIshed. (0E 60ZMAN vs. PEDPLE DF THE PHlLlPPlNES, 6.R. No. 1545Z. Dctober 8, 200J)
n all these cases, cIvIl lIabIlIty from sources other than delIct are not extInguIshed.
+(/: KLK: (8,&0 (&2+(E)%2 ')7), ,)+!),)/9 )% '&(/+)% '+0&0 CIvIl lIabIlIty Is stIll Imposed In cases fallIng under exemptIng cIrcumstances EXCEPT: TU !""# "#$%&'()*#+ ,'& -.#&'%)-$/
0112 ,$+/&(-)3$* 4(& %5$&(/)%+6 $7$,8/)9$ ,%##)//$$ (+* 684:$,/ ,;()&5$&6%+6 #<=>?@A (B<=@CDEF (Cverull Chulrerson), &EC<AG :<AH<CI<= (Cverull vlce Chulr), 'EA<CG< /EA@CD>CE(vCAcuds), '@CC>J@= (CK(vC Secreturlut), :EL )CGM?D>NE (vCllnunce), $A<>C@ #<FMO<D (vCLLP), (CC< #<=K<=>D< $=@F (vCLoglstlcs) :EC<DP<C #<CKMCG<L<E (Polltlcul Luw), Q=<C?>F 4@C@G>?D &@EDMD<= (Lubor Luw), &EHM<AG 5<G>AA< (Clvll Luw), ,P<=H<>C@ /E==@F (1uxutlon Luw), #<=O *<N>G #<=D>C@I (Crlmlnul Luw), R<=CL -M>F< (A@K=@ (Commerclul Luw), :>COL (CC 8L (Remedlul Luw), :<?O>@ -EM 4<MD>FD< (Legul Lthlcs) 1. No cIvIl lIabIlIty In paragraph 4 of Art. 12 whIch provIdes for Injury caused by mere accIdent. 2. No cIvIl lIabIlIty In paragraph 7 of Art. 12 whIch provIdes for faIlure to perform an act requIred by law when prevented by some lawful or Insuperable cause.
No cIvIl lIabIlIty Is Imposed In cases fallIng under justIfyIng cIrcumstances EXCEPT: under paragraph 4, where a person does an act, causIng damage to another, In order to avoId evIl or Injury, the person benefIted by the preventIon of the evIl or Injury shall be cIvIlly lIable In proportIon to the benefIt he receIved.
&,&*&%/0 8%E&( 5+(+2(+5. K 1. That the Innkeeper, tavernkeeper or proprIetor of establIshment or hIs employee commItted a vIolatIon of munIcIpal ordInance or some general or specIal polIce regulatIon. 2. That the crIme Is commItted In such Inn, tavern or establIshment. J. That the person crImInally lIable Is nsolvent.
Concurrence of all elements makes the Innkeeper, tavernkeeper, or proprIetor cIvIlly lIable for the crIme commItted In hIs establIshment.
&,&*&%/0 8%E&( 5+(+2(+5. ; 1. That the guests not]ed n cdvcnce the Innkeeper or the person representIng of the depost o] ther yoods wIthIn the Inn or house. 2. The guests ]ollowed the drectons of the Innkeeper or hIs representatIve wIth respect to the ccre o] and vylcnce over such goods. J. Such goods of the guests lodgIng thereIn were taken by robbery wth ]orce upon thnys or the]t commItted wIthIn the Inn or house.
&,&*&%/0 1. The employer, teacher, person, or corporatIon Is engaged In any kInd of ndustry. 2. Any of theIr servants, pupIls, workmen, apprentIces, or employees commIts a felony whle n the dschcrye o] hs dutes. J. The saId employee Is nsolvent and has not satIsfIed hIs cIvIl lIabIlIty.
(&0/)/8/)"% restItutIon of the thIng Itself must be made whenever possIble even when found In the possessIon of a thIrd person except when acquIred by such person In any manner and under the requIrements whIch, by law, bar an actIon for Its recovery.
(&5+(+/)"% "1 E+*+2&0 reparatIon wIll be ordered by the court If restItutIon Is not possIble. The court shall determIne the amount of damage, takIng Into consIderatIon the prIce of the thIng, whenever possIble, and Its specIal sentImental value.
)%E&*%)1)'+/)"% 1"( E+*+2&0 Includes not only those caused the Injured party, but also, those suffered by hIs famIly or by a thIrd person by reason of the crIme.