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CRIMINAL LAW a. Utilitarian theory or protective

The first section is a review on certain The primary purpose: Protection of society
definitions, principles and concepts from actual or potential wrongdoers
underlying Criminal Law as a branch of
study. b. Classical or juristic philosophy

There are FOUR MAJOR LESSONS in this Best remembered by the maxim “An eye
section: for an eye, a tooth for a tooth.” [Note: If you
want to impress the examiner, use the latin
A. DEFINITION AND PURPOSE OF version- Oculo pro oculo, dente pro dente.]
CRIMINAL LAW The primary purpose: Retribution.
c. Positivist or realistic philosophy
The primary purpose: Reformation.
There is great respect for the human
element because the offender is regarded as
socially sick who needs treatment, not
d. Eclectic or mixed philosophy
Criminal law is that branch or division of This combines both positivist and classical
municipal law which thinking. Crimes that are economic and social
by nature should be dealt with in a positivist
Ø defines crimes, manner; thus, the law is more
Ø treats of their nature and compassionate. Heinous crimes should be
Ø provides for their punishment. dealt with in a classical manner; thus, capital
It is that branch of public substantive law The Revised Penal Code today follows the
which defines offenses and prescribes their mixed or eclectic philosophy.
penalties. For example:
Ø It is substantive because it defines the Ø intoxication of the offender is considered
to mitigate his criminal liability, unless
state’s right to inflict punishment
it is intentional or habitual;
and the liability of the offenders.
Ø the age of the offender is considered;
Ø It is public law because it deals with the Ø the woman who killed her child to conceal
relation of the individual with the her dishonor has in her favor a
state. mitigating circumstance.


1987 Constitution Article II, Section 5 a. Must be general in application.

Declaration of Principles and State b. Must not partake of the nature of an ex
Policies. The maintenance of peace and order, post facto law. (1987 Const. Art III,
the protection of life, liberty and property, and Sec.22)
the promotion of the general welfare are c. Must not partake of the nature of a bill of
essential for the enjoyment by all the people of attainder. (1987 Const. Art III, Sec 22)
the blessings of democracy. d. Must not impose cruel and unusual
punishment or excessive fines. (1987

1. The Revised Penal Code (Act No. 3815) C. REVIEWING BASIC PRINCIPLES
and its amendments
2. Special penal laws passed by the 1. Generality (WHO)
Philippine Commission, Philippine
2. Territoriality (WHERE)
Assembly, Philippine Legislature, National
Assembly, the Congress of the 3. Prospectivity (WHEN)
Philippines, and the Batasang Pambansa. 4. Legality
3. Penal Presidential Decrees issued during 5. Strict Construction of penal laws
Martial Law. against the State


Ø The state’s authority is grounded on what MEANS THAT THE…
is called the penological objectives. Ø Criminal law of the country governs
Ø However, such power is also subject to Ø all persons within the country regardless
certain limitations. of their race, belief, sex or creed.
Ø Generality has no reference to territory.
Ø It refers to persons that may be governed
by the penal law

Ø However, it is subject to certain exceptions

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• Art. 2, RPC, “Except as provided in the Ø The territory of the country is not limited to
treatise or laws of preferential the land where its sovereignty resides but
includes also its maritime and interior
waters as well as its atmosphere.
• Terrestrial jurisdiction is the jurisdiction
• Art. 14, Civil Code, “…subject to the
exercised over land.
principles of public international law and • Fluvial jurisdiction is the jurisdiction
to treaty stipulations.” exercised over maritime and interior
o An example of a treaty or treat • Aerial jurisdiction is the jurisdiction
stipulation is the Bases Agreement exercised over the atmosphere.
entered into by the Philippines and
Ø Excepted under the territoriality
the US on Mar. 14, 1947 and expired
characteristic of penal laws are the cases
on Sept. 16, 1991.
provided for by Art. 2 of the Revised
o Another example would be the VFA1 Penal Code. The Code therefore has
signed on Feb. 10, 1998 territorial and extraterritorial applications.

• Also excepted under the law of generality b. Scope Of Application Of The Provisions
are Members of the Congress who are not Of The Revised Penal Code
liable for libel or slander with any speech
in Congress or congressional committee. Art. 2. Application of its provisions. — Except
as provided in the treaties and laws of preferential
(Sec 11, Art VI 1987 Constitution) application, the provisions of this Code shall be
enforced not only within the Philippine
• Ambassadors, chiefs of states and other Archipelago, including its atmosphere, its interior
diplomatic officials are immune from the waters and maritime zone, but also outside of its
jurisdiction, against those who:
application of penal laws when they are
in the country where they are assigned2. 1. Should commit an offense while on a Philippine
o EXCEPTIONS TO THE ship or airship
(1) Note that consuls are not 2. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
diplomatic officers.
securities issued by the Government of the
(2) This includes consul-general, Philippine Islands;
vice-consul or and consul in a
foreign country, who are 3. Should be liable for acts connected with the
therefore, not immune to the introduction into these islands of the obligations
and securities mentioned in the presiding number;
operation or application of the
penal law of the country where
4. While being public officers or employees, should
they are assigned. commit an offense in the exercise of their
functions; or
2. TERRITORIALITY OF CRIMINAL LAW 5. Should commit any of the crimes against
national security and the law of nations, defined in
a. General rule Title One of Book Two of this Code.
b. Scope of the RPC
Important Things to Remember:
a. General Rule
The provisions in Article 2 embraces two scopes
of applications:
MEANS THAT THE… Intraterritorial application

Ø Penal laws of the country have 1. Intraterritorial refers to the application of the
Ø force and effect only within its territory. Revised Penal Code within the Philippine
territory (land, air and water).
Ø It cannot penalize crimes committed outside 2. As far as jurisdiction or application of the
the same. Revised Penal Code over crimes committed on
maritime zones or interior waters, the
1 Archipelagic Rule shall be observed.
Take note of the Visiting Forces Agreement, Art. V, 3. So the three-mile limit on our shoreline has
which defines Criminal Jurisdiction over United States been modified by the rule.
military and civilian personnel temporarily in the
Philippines in connection with activities approved by
the Philippine Government

R.A. No. 75 which penalizes acts which would impair the
proper observance by the Republic and inhabitants of the
Philippines of the immunities, rights, and privileges of duly
accredited foreign diplomatic representatives in the

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Extraterritorial application 4. Three International Theories On Aerial

1. Extraterritoria3l refers to the application of the Jurisdiction
Revised Penal Code outside the Philippines
territory: a. Free Zone Theory
The atmosphere over the country is free and
Par. 1: Crimes committed aboard merchant not subject to the jurisdiction of the
vessels subjacent state, except for the protection of
its national security and public order.
1) The RPC is applied to Philippine vessels4 if the b. Relative Theory
crime is committed while the ship is treading: The subjacent state exercises jurisdiction over
the atmosphere only to the extent that it can
a) Philippine waters (intraterritorial effectively exercise control thereof.
c. Absolute Theory
application), or
i. The subjacent state has complete
b) The High Seas i.e. waters NOT under the
jurisdiction over the atmosphere above
jurisdiction of any State (extraterritorial
it subject only to the innocent passage
by aircraft of a foreign country. NOTE:
The Philippines adopts this theory.
2) Two rules as to jurisdiction over crimes
committed aboard merchant vessels while in
ii. Under this theory, if the crime is
the territorial waters of another country (i.e. a
committed in an aircraft, no matter
foreign vessel treading Philippine waters OR
how high, as long as it can be
Philippine vessels treading waters under the
established that it is within the
jurisdiction of another state):
Philippine atmosphere, Philippine
criminal law will govern.
a) FRENCH RULE: It is the FLAG/Nationality of
the vessel which determines jurisdiction
Par. 2 & 3: Forging/Counterfeiting and
UNLESS the crime violates the peace and Introducing Coins or Currency Notes in the
order of the host country. Philippines

b) ENGLISH RULE: the location or situs of the 1. The forgery is committed abroad
crime determines jurisdiction UNLESS the 2. And it refers to Philippine coin, currency
crime merely relates to internal note, obligation and security
management of the vessel. NOTE:
Par. 4: When public officers or employees
Philippines adhere to ENGLISH RULE. commit an offense in the exercise of their
If two petty officers aboard a Russian 1) The most common subject of bar problems in
ship docked in Manila North Harbor got into a Article 2 is paragraph 4.
fistfight which resulted in serious physical
injuries, it is Russian Law which will apply. 2) As a general rule, the Revised Penal Code
However, if the cause of the fight is a dispute governs only when the crime committed
over the ownership of several hundred grams of pertains to the exercise of the public
cocaine stashed somewhere in the ship, then official’s functions:
Philippine Law must apply because importation of
illegal substance is a violation of public peace a) Those having to do with the discharge of
and order. their duties in a foreign country.

NOTE: This illustration works for both rules b) The functions contemplated are those,
because the general rule in one is the exception which are, under the law:
of the other.
i) to be performed by the public officer
NOTE: These rules are NOT applicable if the ii) in the Foreign Service of the
vessel is on the high seas when the crime was Philippine government
committed, in these cases, the laws of the iii) in a foreign country.
nationality of the ship will always apply.
NOTE: The Revised Penal Code governs if the
3. When the crime is committed in a war vessel crime (whether or not in relation to the
of a foreign country, the NATIONALITY of the exercise of public functions) was committed
vessel will ALWAYS determine jurisdiction within the Philippine Embassy or within the
because war vessels are part of the embassy grounds in a foreign country. This is
sovereignty of the country to whose navel because embassy grounds are considered an
force they belong. extension of sovereignty. Thus the crime is
deemed to have been committed in Philippine
3 Illustration:
RA9327 (The Human Security Act) contains
A Philippine consulate official who is validly
provisions for extraterritorial application married here in the Philippines and who marries
The country of registry determines the nationality of again in a foreign country cannot be prosecuted
the vessel, NOT ITS OWNERSHIP. A Filipino-owned
vessel registered in China must fly the Chinese flag. 5
See Anti-hijacking Law, pg___
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here for bigamy because this is a crime not • If the new law imposes a heavier penalty,
connected with his official duties. However, if the ◦ the law in force at the time of the
second marriage was celebrated within the commission of the offense shall
Philippine embassy, he may be prosecuted here, be applied.
since it is as if he contracted the marriage here in • If the new law totally repeals the existing
the Philippines. law so that the act which was penalized
under the old law is no longer punishable,
Par. 5: Commit any of The Crimes Against ◦ the crime is obliterated.
National Security and the Law Of Nations,
Defined In Title One Of Book Two Of This Ø Rule of prospectivity also applies to judicial
Code. decisions6, administrative rulings and
1. Rebellion is not included.
2. Any crime against public order is under the 1. Co vs. CA (1993),
jurisdiction of the host country. In this case, Circular No. 4 of the Ministry of
Justice, dated December, 15, 1981, provides that
“where the check is issued as part of an
*^* arrangement to guarantee or secure the payment
3. PROSPECTIVITY OF CRIMINAL LAW of an obligation, whether pre-existing or not, the
drawer is not criminally liable for either estafa or
MEANS THAT… violation of BP 22.”
Subsequently, the administrative interpretation
was reversed in Circular No. 12, issued on August
Ø Acts or omissions will only be subject to
8, 1984, such that the claim that the check was
a penal law if they are committed AFTER a issued as a guarantee or part of an arrangement
penal law had already taken effect. to secure an obligation or to facilitate collection,
Ø Vice versa, this act or omission which has is no longer a valid defense for the prosecution of
been committed before the effectivity of a BP 22.
penal law could not be penalized by such Hence, it was ruled in Que vs. People that
penal law because penal laws operate only under the new Circular, a check issued merely to
guarantee the performance of an obligation is
covered by BP 22.
Ø This is also called irretrospectivity. However, consistent with the principle of
prospectivity, the new doctrine should not
Ø General Rule: Ex post facto law is apply to parties who had relied on the old
prohibited. Circular and acted on the faith thereof. No
retrospective effect.
• Ex post facto law is one that is Rationale for the prospectivity rule: the
specifically made to retroact to cover punishability of an act must be reasonably for the
acts before it became effective to the guidance of society.
prejudice of the accused;
• or to make a certain crime graver or POENA SINE LEGE)
prescribe a heavier penalty for it.
Art. 21. Penalties that may be imposed. —
Ø Exception: No felony shall be punishable by any penalty not
prescribed by law prior to its commission.
Art. 22. Retroactive effect of penal laws. — Penal Ø There is no crime when there is no law
Laws shall have a retroactive effect punishing the same.
--insofar as they favor the persons guilty • This is true to civil law countries, but not
of a
to common law countries.
--who is not a habitual criminal,
Ø Limitation:
as this term is defined in Rule 5 of Article 62 of
this Code, although at the time of the publication • Not any law punishing an act or omission
of such laws a final sentence has been may be valid as a criminal law. If the law
pronounced and the convict is serving the same. punishing an act is ambiguous, it is null
and void.
Ø This is consistent with the general principle
that criminal laws, being a limitation on the 5. STRICT CONSTRUCTION OF PENAL LAWS
rights of the people, should be construed AGAINST STATE: THE “DOCTRINE OF
strictly against the State and liberally in PRO REO”
favor of the accused.
Ø Whenever a penal law is to be construed or
Ø Different effects of repeal of penal law. applied and the law admits of two
interpretations - one lenient to the offender
• If the repeal makes the penalty lighter in and one strict to the offender-
the new law,
◦ the new law shall be applied,
◦ except when the offender is a 6
Art. 8, Civil Code
habitual delinquent or when the new
law is made not applicable to pending
action or existing causes of action.

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• that interpretation which is lenient or II. FELONIES

favorable to the offender will be
adopted. This section discusses how and why an act is
subject to criminal liability, the different stages of
Ø This is in consonance with the fundamental
committing an as well as the classification of
rule that all doubts shall be construed in
punishable conduct.
favor of the accused .
Ø Consistent with the presumption of There are FIVE MAJOR LESSONS in this
innocence of the accused. section:

1987 Constitution, Article III, Sec. 14(2) A. DIFFERENTIATING FELONIES, OFFENSE,

In all criminal prosecutions, the accused
shall be presumed innocent until the contrary is
Ø This is peculiar only to criminal law. B. FELONIES: HOW COMMITTED
• When the evidence of the prosecution C. CLASSIFICATION OF FELONIES
and the defense are equally balanced, the
scale should be tilted in favor of the
accused in obedience to the constitutional D. CRIMES DEFINED AND PENALIZED BY
presumption of innocence.7 SPECIAL LAWS


The act cannot be criminal where the mind
Ø The term felony is limited only to
is not criminal. This is true to a felony
violations of the Revised Penal Code.
characterized by dolo, but not a felony
When the crime is punishable under a special
resulting from culpa. This maxim is not an
law you do not refer to this as a felony.
absolute one because it is not applied to
culpable felonies, or those that result from
• There are certain provisions in the
Revised Penal Code where the term
“felony” is used, which means that the
provision is not extended to crimes under
special laws.
An act done by me against my will is not
• A specific instance is found in Article
my act. This is related to the preceding maxim
160- Quasi-Recidivism, which reads:
and is manifested in People v. Ah Chong.
“A person who shall commit a felony
after having been convicted by final
judgment, before beginning to serve
sentence or while serving the same,
shall be punished under the
He who is the cause of the cause is the cause of
maximum period of the penalty.”
the evil caused. This is the rationale in par. 1 of
Note that the word “felony” is
Article 4 which enunciates the doctrine of
proximate cause. He who commits an intentional
felony is responsible for all the consequences
which may naturally and logically result
therefrom, whether foreseen or intended or not.
Ø A crime punished under a special law is
called a statutory offense.


Ø A minor infraction of the law, such as a

violation of an ordinance.


Ø Whether the wrongdoing is punished under

the Revised Penal Code or under a special
law, the generic word “crime” can be used.

Ursua v. CA (1996); Corpuz v. People (1991)

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Art. 3. Definitions. — Acts and omissions Ø mens rea, is defined as "a guilty mind, a
punishable by law are felonies (delitos). guilty or wrongful purpose or criminal
Felonies are committed intent"11,
not only be means of deceit (dolo) Ø It sometimes referred to in common parlance
but also by means of fault (culpa). as the gravamen of the offense (bullseye
There is deceit when of the crime).
the act is performed with deliberate intent and Ø This term is used synonymously with
there is fault when criminal or deliberate intent
the wrongful act results from imprudence, Ø It does not mean that if an act or omission is
negligence, lack of foresight, or lack of skill. punished under the Revised Penal Code, a
felony is already committed.
Ø For an act to be punishable, THERE MUST BE
a. There must be an act or omission
b. That the act or omission must be
punishable by the RPC
c. That the act is performed or the
a. Elements
commission incurred by means of dolo or
culpa b. Categories of Intent
c. Distinction between Intent and
ii. Motive
Ø To be considered as a felony, there must be
Ø An act refers to any kind of body movement
that produces change in the outside world. Ø Under Article 3, there is dolo when there is
Ø A mere imagination no matter how wrong deceit.
does not amount to a felony. Ø This is no longer true. At the time the
Revised Penal Code was codified, the term
Illustration: nearest to dolo was deceit.
If A, a passenger of a jeepney seated in front Ø However, deceit means fraud, and this is not
of a lady, started putting out his tongue the meaning of dolo.
suggesting lewdness that is already an act in
contemplation of criminal law8. He cannot claim Ø Dolo is DELIBERATE INTENT otherwise
that there was no crime committed. referred to as criminal intent, and must be
If A scratches something, this is already an act coupled with freedom of action and
which annoys the lady he may be accused of intelligence on the part of the offender as to
unjust vexation, not malicious mischief. the act done by him.

Ø ACT v. STATUS Ø Presumption Criminal Intent

• An act must produce some kind of • Intent is a mental state,
change with a physical manifestation, • the existence of which is shown by the
status, on the other hand is a concept overt act of a person,
which lies between an action and the • so criminal intent is presumed to exist
imagination; it is defined as only if the act is unlawful. It does not
apply if the act is not criminal.
Ø Omission is • The presumption of criminal intent may
• the failure to perform a duty arise from proof of the criminal act
• required by law. and it is for the accused to rebut this
• It is important that there is a law presumption.
requiring the performance of an act, if • However, in some crimes intent cannot
there is no positive duty, there is no be presumed being an integral element
liability. thereof; so it has to be proven (i.e. in
• Examples of such are failure to render frustrated homicide, specific intent to kill
assistance9, failure to issue receipt or non is not presumed but must be proven,
disclosure of knowledge of conspiracy otherwise it is merely physical injuries).
against the government10.
Ø Liability Even in the Absence of Criminal
• There are 2 exceptions to the
requirement of Criminal Intent:

Unjust vexations under Art. 287. Light coercions.
Art. 275. Abandonment of person in danger and
abandonment of one's own victim 11
Art. 116. Misprision of treason. Black's Law Dictionary, 5th ed., p. 889

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a. Elements of DOLO whether he planned to kill Burt or merely to

inflict a whole lot of pain.
i. Criminal intent;
§ This is shown by overt acts Ernie can overturn the presumption of general
§ It presupposes the existence of the criminal intent by proving that he was justified
two subsequent elements (infra), entitled to any exempting circumstances
ii. Freedom of action; and (due to lack of discernment) or there was a
§ The lack of freedom makes one mistake of fact (infra). If he is successful, then
merely a tool the presumption that he intended to do
iii. Intelligence something wrong is obliterated along with the
§ The lack of intelligence makes one need to determine specific intent.
unable to determine However, the result of Ernie’s act will now
→ The morality of his acts determine his liability. Was his act justified that
→ The effect of his actions he incurs no liability? Is he entitled to any
exemption? Or is his liability only mitigated?
Ø The presence of JUSTIFYING
CIRCUMSTANCES indicates LACK OF Ø Establishing the specific intent is the way to
FREEDOM hit the “bullseye” of the crime:
• E.g. If the prosecution wants to hold
Ø Some of the EXEMPTING CIRCUMSTANCES Ernie liable for homicide/murder, then
exculpate those who LACK THE they have to establish Ernie’s intent to
INTELLIGENCE to determine the nature and kill, which is the “bullseye” of the crimes
consequences of their actions. mentioned.
• In theft, the gravamen of the offense
Ø The lack of CRIMINAL INTENT can be a would be the taking with intent to gain as
MITIGATING CIRCUMSTANCE or the distinguished from estafa where the
accused can be merely held liable for essence is deceit.
CRIMINAL NEGLIGENCE. • Attempted rape and acts of
lasciviousness have similar elements
Ø If any of the elements is absent, there is no separated only by the offender’s intent to
dolo. have sexual intercourse with the victim.

Ø If there is no dolo, there could be no c. Distinctions Between Intent,

intentional felony.12 Discernment and Motive

b. Categories of Intent INTENT DISCERNMEN MOTIVE

In criminal law, intent is categorized Determination the mental It is the
into two types: to do a capacity to moving
certain thing, tell right from power
General Criminal Specific Criminal an aim or wrong which
Intent Intent purpose of impels one
The intention to do The intention to the mind. to do an act
something wrong commit a definite (ex.
act vengeance).
Presumed from the Existence is not Establish the Integral to Important
mere doing of a presumed nature and the element only in
wrong act extent of of certain
The burden is upon Since the specific culpability intelligence cases (see
the wrong doer to intent is an element NOT intent. below)
prove that he acted of the crime, the
without such criminal burden is upon the When Motive becomes Material in
intent. prosecution to determining Criminal Liability:
establish its
existence. 1) When the act brings about variant crimes
e.g. kidnapping v. robbery13
Illustration 2) The identity of the accused is doubtful
Ernie, without any provocation, stabbed 3) The evidence on the commission of the
Burt. crime is purely circumstantial.
The very act of stabbing is the quantum of 4) Also, lack of motive can aid in showing
proof needed to establish the fact that Ernie the innocence of the accused.14
intended to do something wrong. This is the
Ernie came home and found his wife in a
However, Ernie can be liable for more than pleasant conversation with Burt, former suitor.
one crime; thus, prosecution must establish Thereupon, he went to the kitchen, opened a
Ernie’s SPECIFIC INTENT in order to determine drawer and pulled out a knife. He then stabbed
12 The moving force is jealousy.
Visbal vs. Buban, 2003
People v. Puno (1993)
People vs Hassan, 1988

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The intent is the resort to the knife, Stabbing the victim whom the accused
so that means he desires to kill the Burt, the believed to be an intruder showed a mistake of
former suitor. fact on his part which led him to take the facts as
they appear to him and was pressed to take
Ernie’s deliberate choice of immediate action.
something as lethal as the knife shows the
presence of intelligence because it is his very
awareness of the danger which prompted his 2. CULPA (CONSTRUCTIVE INTENT)
choice. This only means that he knew what is
right from wrong and deliberately chose to do a. Elements
what is wrong. b. Doctrines Concerning Culpable Crimes

NOTE: Discernment does not indicate the

presence of intent, merely intelligence.15 Thus,
discernment is necessary whether the crime is

Ø Although there is no intentional felony, there

d. Mistake of Fact could be culpable felony.
(ignorantia facti excusat) Ø The element of criminal intent is replaced by
Ø Is culpa merely a mode of committing a
Ø When an offender acted out of a
crime or a crime in itself?
misapprehension of fact,
• it cannot be said that he acted with
criminal intent.
• When the offender acted out of a mistake
Ø Under Article 3, it is clear that culpa is
of fact, criminal intent is negated, so
just a modality by which a felony may be
do not presume that the act was done
with criminal intent.
Ø A felony may be committed or incurred
• This is absolutory if the crime involved
through dolo or culpa.
Ø Culpa is just a means by which a felony may
16 result.
The Requisites of Mistake of Fact are:

i. That the act done would have been lawful Act of Dolo OR Act of Culpa
had the facts been as the accused
believed them to be;
ii. That the intention of the accused in FELONY
performing the act should be lawful;
iii. That the mistake must be without fault or
carelessness on the part of the accused.
When the accused is negligent, mistake
of fact is not a defense.
People vs. Faller (1939),
Ø It was stated indirectly that criminal
negligence or culpa is just a mode of
incurring criminal liability.
People v. Ah Chong (1910)
Ø In this case, the accused was charged with
A houseboy who stabs his roommate in the
malicious mischief. Malicious mischief is an
dark, honestly mistaking the latter to be a robber
intentional negligence under Article 327 of
responsible for a series of break-ins in the area,
the Revised Penal Code You do not have
and after crying out sufficient warnings and
malicious mischief through simple negligence
believing himself to be under attack, cannot be
or reckless imprudence because it requires
held criminally liable for homicide.
1) Would the stabbing be lawful if the
Ø Faller was charged with malicious mischief,
facts were really what the houseboy
but was convicted of damage to property
through reckless imprudence.
a. Yes. If it was really the robber and
Ø The Supreme Court pointed out that
not the roommate then the
although the allegation in the information
houseboy was justified.
charged the accused with an intentional
2) Was the houseboy’s intention lawful?
felony, yet the words feloniously and
a. Yes. He was acting out of self-
unlawfully, which are standard languages in
an information, covers not only dolo but
3) Was the houseboy without fault or
also culpa because culpa is just a mode
of committing a felony.
a. Yes. His deliberate intent to
defend himself with the knife can
be determined by the fact that he
cried out sufficient warnings prior
to the act.
Ø In Article 365, you have criminal negligence
as an omission which the article definitely or
specifically penalized.
People v. Cordova 1993 Ø The concept of criminal negligence is the
People vs Oanis, 1988 inexcusable lack of precaution on the part of

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the person performing or failing to perform Held: The second case must be dismissed.
an act. Once convicted or acquitted of a specific act of
Ø Because Article 365, creates a distinction reckless imprudence, the accused may not be
between imprudence and negligence; simple prosecuted again for the same act. For the
or reckless, one might think that criminal essence of the quasi-offense under Art. 365 of
negligence is the one being punished. the RPC lies in the execution of an imprudent act
Ø That is why a question is created that which would be punishable as a felony. The law
criminal negligence is the crime in itself. penalizes the negligent act and not the
result. The gravity of the consequences is only
taken into account to determine the penalty. It
does not qualify the substance of the
Act of Dolo OR Act of Culpa

INTENTIONAL CRIMINAL b. Doctrines Concerning Culpable Crimes

(ART 365)
Ø Emergency Rule
FELONIES • A person who is confronted with a
sudden emergency
• may be left no time for thought.
• so must make speedy decision based
Quizon vs. Justice of the Peace (1995), largely upon impulse or instinct,
◦ and cannot be held to the same
Ø Justice J.B.L. Reyes dissented and claimed conduct as one who has had an
that criminal negligence is a quasi- opportunity to reflect,
offense, and the correct designation should ◦ even though it later appears that he
not be homicide through reckless made the wrong decision.
imprudence, but reckless imprudence
resulting in homicide. Ø Doctrine Of “Last Clear Chance”
Ø The view of Justice Reyes is sound, but the • The contributory negligence of the party
problem is Article 3, which states that culpa injured
is just a mode by which a felony may result. ◦ will not defeat the action
• if it be shown that the accused might, by
the exercise of reasonable care and
a. Elements of CULPA • have avoided the consequences of the
negligence of the injured party.
Culpa Requires the Concurrence of Three • The applicability of this doctrine in
Requisites: criminal cases is somewhat dubious:

Ø Criminal negligence on the part of the Anuran v. Buno (1966)

offender, ◦ The principle about the "last clear
• that is, the crime was the result of chance" would call for application in a
negligence, reckless imprudence, suit between the owners and drivers
lack of foresight or lack of skill; of the two colliding vehicles.
Ø Freedom of action on the part of the ◦ It does not arise where a passenger
offender, that is, he was not acting under demands responsibility from the
duress; carrier to enforce its contractual
• Negligence presupposes the ability to be obligation
vigilant; and vigilance depends on • Last Clear Chance is a defense by the
whether the person chose to be or not. defendant in a damage suit against
Ø Intelligence on the part of the offender in liability by transferring it to the plaintiff.
the performance of the negligent act. • This dynamics cannot be replicated in a
• The absence of intelligence means that criminal case because
the person is unable to assess the danger ◦ the liability is penal in nature and
of a situation. thus cannot be transferred within the
• He cannot be charged for lack of foresight same case
and/or prudence because the person ◦ It is not a case between two parties
cannot discern and predict the involved in an incident but rather
consequence of his course of action. between an individual and the State.

People v. Buan (1968) Ø Rule Of Negative Ingredient

Facts: The accused was driving a passenger bus. • This is related to the doctrine of
Allegedly because of his recklessness, the bus proximate cause and applicable when
collided with a jeep injuring the passengers of the certain causes leading to the result are
latter. A case was filed against the accused for not identifiable.
slight physical injuries through reckless
imprudence for which he was tried and acquitted. • This rule states that
Prior to his acquittal, a case for serious physical ◦ the prosecution must first
injuries and damage to property through reckless identify what the accused failed
imprudence was filed. Accused claimed that he to do.
was placed in twice in jeopardy. ◦ Once this is done, the burden of
evidence shifts to the accused.

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◦ The accused must show that the Ø But even certain crimes which are punished
failure did not set in motion the chain under the Revised Penal Code do not admit of
of events leading to the injury.17 these stages.
Ø A more detailed discussion can be found

Ø Related to this classification of felonies as to:

Ø This question was asked in the bar
1. Formal Crimes

How do you classify felonies and how are

a. Formal crimes are crimes, which are
felonies classified?
consummated in one instance.
b. Illegal exaction under Article 213 is
TIP: a crime committed when a public
What the examiner had in mind was Articles 3, 6 officer who is authorized to collect
and 9. Do not write the classification of felonies taxes, licenses or impose for the
under Book 2 of the Revised Penal Code. government, shall demand an amount
bigger than or different from what the
Ø The question does not require the candidate law authorizes him to collect.
to classify but also to define. ◦ Under sub-paragraph (a) of Article
Ø Therefore, the examiner was after the 213 on illegal exaction, the law
classifications under Articles 3, 6 and 9. uses the word “demanding.”
Ø The purpose of classifying penalties is to ◦ Mere demanding of an amount
bring about a proportionate penalty and different from what the law
equitable punishment. authorizes him to collect will
Ø The penalties are graduated according to already consummate a crime,
their degree of severity. whether the taxpayer pays the
• The stages (Art. 6) may not apply to all amount being demanded or not.
kinds of felonies. ◦ Payment of the amount being
• There are felonies which do not admit of demanded is not essential to the
division. consummation of the crime.


1. According to the manner of their a. Those that have various stages of

commission execution
2. According to the stages of their execution b. Ex. Homicide
3. According to their gravity
3. Crimes which have NO FRUSTRATED

4. As to count a. The essence of the crime is the act

5. As to nature itself;
b. Hence in rape, the slightest penetration
already consummates the crime; the
1. ACCORDING TO THE MANNER OF THEIR same is true for arson where the
COMMISSION slightest burning already renders the
crime complete.
Ø Under Article 3, they are classified as:
a. intentional felonies or those committed
with deliberate intent; and Ø Under Article 9, felonies are classified as:
b. culpable felonies or those resulting from
negligence, reckless imprudence, lack of a. Grave felonies or those to which
foresight or lack of skill. attaches
◦ the capital punishment or
2. ACCORDING TO THE STAGES OF THEIR ◦ penalties which in any of their periods
EXECUTION are afflictive;
a. Less grave felonies or
Ø Under Article 6, felonies are classified as: ◦ those to which the law punishes with
penalties which in their maximum
a. attempted felony period is correctional;
b. frustrated felony a. Light felonies or those infractions of law
c. consummated felony for the commission of which
◦ the penalty is arresto menor.
Ø The classification of stages of a felony in
Article 6 are true only to crimes under the Ø Why is it necessary to determine whether the
Revised Penal Code. crime is grave, less grave or light?
Ø This does not apply to crimes punished under • To determine
special laws. ◦ whether these felonies can be
complexed or not;
17 ◦ the prescription of the crime and
Carillo vs People, 1994
◦ the prescription of the penalty.

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• In other words, these are felonies Ø Dolo is not required in crimes punished by
classified according to their gravity, special laws because these crimes are mala
stages and the penalty attached to them. prohibita.
Ø In those crimes punished by special laws, the
Ø Take note that when the Revised Penal Code act alone irrespective of its motives,
speaks of grave and less grave felonies, the constitutes the offense.
definition makes a reference specifically Ø Good faith and absence of criminal
to Article 25 of the Revised Penal Code. intent are not valid defenses in crimes
Ø Do not omit the phrase “In accordance with punished by special laws
Article 25” because there is also a
classification of penalties under Article 26 MALA IN SE and MALA PROHIBITA
that was not applied.
Ø This classification of felony according to Mala in se
gravity is important with respect to the Ø an act, by its very nature, is inherently
question of prescription of crimes. and morally wrong;
• Ex. If the penalty is a fine and exactly Ø it should be done with criminal intent
P200.00, it is only considered a light
felony under Article 9. If the fine is Malum prohibitum
imposed as an alternative penalty or as a Ø An act is wrong only because there is a
single penalty, the fine of P200.00 is law punishing it.
considered a correctional penalty under Ø It is enough that the prohibited act was
Article 26. voluntarily committed and need not be
• If the penalty is exactly P200.00, committed with malice or criminal intent
apply Article 26. It is considered as a to be punishable.
correctional penalty and it prescribes in
10 years. If the offender is apprehended Estrada v. Sandiganbayan (2001)
at any time within ten years, he can be
made to suffer the fine. Facts: Estrada is challenging the plunder law.
One of the issues he raised is whether plunder is
4. AS TO COUNT a malum prohibitum or malum in se.

Plurality of crimes may be in the form of: Held: Plunder is a malum in se which requires
proof of criminal of criminal intent. Precisely
a) Compound Crime, because the constitutive crimes are mala in se
b) Complex crime; and the element of mens rea must be proven in a
c) Composite crime. prosecution for plunder. It is noteworthy that the
amended information alleges that the crime of
5. AS TO NATURE plunder was committed “willfully, unlawfully and
criminally.” It thus alleges guilt knowledge on the
a) Mala in se part of the petitioner.
b) Mala prohibita
Ø While intentional felonies are always mala in
se, it does not follow that prohibited acts
done in violation of special laws are
always mala prohibita.
Ø Even if the crime is punished under a special
law, if the act punished is one which is
1. TEST TO DETERMINE IF VIOLATION OF inherently wrong, the same is malum in
SPECIAL LAW IS MALUM PROHIBITUM OR se, and, therefore, good faith and the lack of
MALUM IN SE criminal intent is a valid defense; unless it is
the product of criminal negligence or culpa.
2. RELATION OF RPC TO SPECIAL LAWS: Ø Likewise when the special laws require that
the punished act be committed knowingly
and willfully, criminal intent is required
to be proved before criminal liability may

Art. 10. Offenses not subject to the 1) Analyze the violation:

provisions of this Code. — Offenses which are
or in the future may be punishable under special Is it wrong because there is a law prohibiting
laws are not subject to the provisions of this it or punishing it as such?
Code. This Code shall be supplementary to such If you remove the law, will the act still be
laws, unless the latter should specially provide wrong?
the contrary.
2) If the working of the law punishing the
crime uses the word “willfully,” then
malice must be proven.

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Where malice is a factor, good faith is a 2. People vs. Rodriguez (1960),

Ø It was held that a violation of a special law
3) In violation of special law, the act can never absorb a crime punishable
constituting the crime is a prohibited under the Revised Penal Code, because
act. violations of the Revised Penal Code are more
serious than a violation of a special law.
Therefore, culpa is not a basis of liability, Ø But a crime in the Revised Penal Code can
unless the special law punishes an omission. absorb a crime punishable by a special
law if it is a necessary ingredient of the
TIP: crime in the Code.
When given a problem, take note if the crime is a
violation of the Revised Penal Code or a special Ø But do not think that when a crime is
law. punished outside of the Revised Penal Code,
it is already a special law.

2. RELATION OF RPC TO SPECIAL LAWS: 3. People vs. Martinada.

Ø The crime of cattle-rustling is not a mala
Ø Offenses punishable under special laws are prohibitum but a modification of the
crime of theft of large cattle.
not subject to the provisions of the RPC.
Ø So Presidential Decree No. 533, punishing
cattle-rustling, is not a special law.
Ø The RPC shall be supplementary to special
laws, unless the latter should specially Ø It can absorb the crime of murder. If in the
provide the contrary (Art. 10, RPC) course of cattle rustling, murder was
committed, the offender cannot be
prosecuted for murder.
Ø Article 10 is the consequence of the legal
• Murder would be a qualifying
requirement that one must distinguish
circumstance in the crime of qualified
those punished under special laws and those
cattle rustling18.
under the Revised Penal Code. With regard to
Article 10, observe the distinction.

Ø When Applied?
• As a supplement to the special law, or
• simply correlate the violated special law,
if needed to avoid an injustice. SPECIAL LAWS

Ø If no justice would result, do not give a. As To Moral Trait Of The Offender

suppletory application of the Revised Penal
Code to that of the special law. MALA IN SE MALUM
1. Ladonga vs. People, 451 SCRA 673 o The moral trait of the o The moral trait of
offender is the offender is
Ø The second clause (of Art. 10) contains the considered. not considered;
soul of the article. o This is why liability o it is enough that
Ø The main idea and purpose of the article is would only arise when the prohibited act
embodied in the provision that the "code there is dolo or culpa was voluntarily
shall be supplementary" to special laws, in the commission of done.
unless the latter should specifically provide the punishable act.
the contrary.

For Example: b. As To Use Of Good Faith As Defense

• A special law punishes a certain act as a In crimes punished under the Revised Penal
crime. Code,
• The special law is silent as to the civil
liability of one who violates the same.
• May the court pronounce that a MALA IN SE MALUM PROHIBITUM
person is civilly liable to the offended o Good faith or lack o In crimes
party, considering that the special of criminal intent punished under
law is silent on this point? is a valid defense; special laws, good
◦ Yes. Article 100 states that every unless the crime faith is not a
person criminally liable for a felony is is the result of defense.
also civilly liable. culpa.
◦ That article shall be applied
suppletorily to avoid an injustice that
would be caused to the private c. As To Degree Of Accomplishment Of
offended party, if he would not be The Crime
indemnified for the damages or
injuries sustained by him. MALA IN SE MALUM PROHIBITUM
o the degree of o the act gives rise to

Sec. 8, PD no. 533

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accomplishment of a crime only when 2. Taer v. CA (1990)

the crime is taken it is consummated;
into account in Ø The offense for which Taer is accused is
punishing the o there are no covered by-Articles 308, 309, and 310, as
offender; attempted or amended by "The Anti-Cattle Rustling Law
frustrated stages, of 1974." The penalty imposed on the
o thus, there are unless the special principal for the crime of cattle rustling is:
attempted, law expressly xxxxxxxxx
frustrated and penalizes a mere Ø Inasmuch as Taer's culpability is only that
consummated attempt or of an accessory after the fact, under Art.
stages in the frustration of the 53 of the Revised Penal Code, the
commission of the crime. penalty lower by two degrees than that
crime. prescribed by law for the consummated
felony shall be imposed.

d. As To Mitigating And Aggravating



o Mitigating and o Mitigating and
aggravating aggravating
circumstances are circumstances are
taken into not taken into
account since the account in
moral trait of the imposing the
offender is penalty.

Ø The amendments of Presidential Decree

No. 6425 (The Dangerous Drugs Act of
1972) by Republic Act NO. 7659:
• Adopted the scale of penalties in the
Revised Penal Code,
• Mitigating and aggravating
circumstances can now be
considered in imposing penalties.
• Presidential Decree No. 6425 does not
expressly prohibit the suppletory
application of the Revised Penal Code.
• The stages of the commission of
felonies will also apply since
suppletory application is now

1. People v. Simon (1994)

Ø For cases of Illegal possession of firearms,
• although Presidential Decree No. 1866 is
a special law,
• the penalties therein were taken from the
Revised Penal Code,
• hence the rules in said Code for
graduating by degrees or
determining the proper period should
be applied.

e. As To Degree Of Participation

o When there is more o The degree of
than one offender, participation of
o the degree of the offenders is
participation of each not considered.
in the commission of o All who
the crime is taken perpetrated the
into account in prohibited act are
imposing the penalized to the
penalty; same extent.
o thus, offenders are o There is no
classified as principal or
principal, accomplice accessory to
and accessory. consider.

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Criminal Liability
Art. 5. Duty of the court in connection with
This section will dissect each instance acts which should be repressed but which
where criminal liability may be incurred, are not covered by the law, and in cases of
mainly through: excessive penalties.

Whenever a court has knowledge of any act

A. PROXIMATE CAUSE which it may deem proper to repress and which
is not punishable by law, it shall render the
B. OMISSION proper decision, and shall report to the Chief
Executive, through the Department of Justice,
C. TRANSFERRED INTENT the reasons which induce the court to believe
that said act should be made the subject of
In the same way, the court shall submit to the
E. PROPOSAL AND CONSPIRACY Chief Executive, through the Department of
Justice, such statement as may be deemed
F. LIABILITY FOR PLURAL CRIMES proper, without suspending the execution of the
sentence, when a strict enforcement of the
provisions of this Code would result in the
imposition of a clearly excessive penalty, taking
IMPORTANT THINGS TO REMEMBER: into consideration the degree of malice and the
injury caused by the offense.
Article 5 covers two situations:
Ø Since in Art. 3, a felony is an act or omission
punishable by law, particularly the Revised 1. The court cannot convict the accused because
Penal Code, the acts do not constitute a crime.
• it follows that whoever commits a a. The proper judgment is acquittal.
felony incurs criminal liability b. The court is mandated to report to the
• it is important to note that if the Chief Executive that said act be made
criminal liability arises from an subject of penal legislation and why.
omission 2. Where the court finds the penalty
◦ such as misprision of treason or prescribed for the crime too harsh
◦ abandonment of helpless persons, considering the conditions surrounding the
• there must be a law requiring the commission of the crime,
performance of such act. a. the judge should impose the law.
b. The most that he could do is recommend
Ø In par.1 of Art. 4, the law uses the word to the Chief Executive to grant executive
“felony,” that whoever commits a felony clemency.
incurs criminal liability.
• A felony may arise not only when it is
intended, but also when it is the product
of criminal negligence. A. PROXIMATE CAUSE
Ø What makes paragraph 1 of Article 4
confusing is the addition of the qualifier
Ø For most felonies, criminal liability exists
“although the wrongful act be different from
from the concurrence of the mens rea and
what he intended.” This is called
the actus reus.
transferred intent.
Ø The 2nd par. of Art. 4 makes a person liable
even if the accomplishment of his crime is
inherently impossible.
A and B are supposed to meet in A’s home but
when B arrived A was not home. B received an
Ø Art. 6 also provides liability for the
SMS from A telling the former to get the house
incomplete elements of a crime.
key from under the doormat. B lets himself in
and saw an IPOD on the table. B took the IPOD.
Ø There are certain crimes which provide
specific liability for conspiring to and
What is B’s criminal liability?
proposing the commission of certain acts,
B is liable only for theft because the act and the
the principle behind this can be found in Art.
intent occurred only in the act of taking, there
was no malicious intent in the act of letting
himself in.
Ø Plural crimes on the other hand are
discussed under Art. 48.
Ø Criminal liability for some felonies, arises only
upon a specific resulting harm
• In homicide and its qualified forms, if the
victim does not die the accused may be
liable only for physical injuries.

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• Another example is the crime of estafa The Supreme Court rationalized that what
wherein the victim, for criminal liability to made B cut his throat, in the absence of evidence
arise, must incur damage. that he wanted to commit suicide, is the belief
that sooner or later, he would die out of the
Ø It was discussed in the previous section that wound inflicted by A. Because of that belief, he
CRIMINAL INTENT and CRIMINAL decided to shorten the agony by cutting his
NEGLIGENCE are elements for criminal throat.
liability. That belief would not be engendered in his
Ø Article 4, paragraph 1 deals with mind were it not because of the profuse bleeding
CAUSATION as the third means of from his wound.
determining criminal liability. Now, that profusely bleeding wound would not
have been there, were it not for the wound
Vda. De Bataclan v. Medina (1957) inflicted by A.
Proximate cause is As a result, A was convicted for manslaughter.
that cause,
1. US vs. Valdez (1921),
which sets into motion other causes Facts: The deceased is a member of the crew of a
vessel. Accused is in charge of the crewmembers
and which unbroken by any efficient engaged in the loading of cargo in the vessel.
supervening cause, Because the offended party was slow in his
work, the accused shouted at him. The offended
produces a felony and party replied that they would be better if he
would not insult them. The accused resented this,
without which such felony and rising in rage, he moved towards the victim,
could not have resulted. with a big knife in hand threatening to kill him.
The victim believing himself to be in
Ø As a general rule, the offender is immediate peril threw himself into the
criminally liable for all the consequences water. The victim died of drowning.
of his felonious act, The accused was prosecuted for homicide.
• although not intended, His contention that his liability should be only for
• if the felonious act is the proximate grave threats since he did not even stab the
cause of the felony or resulting victim, that the victim died of drowning, and this
felony. can be considered as a supervening cause.

Proximate v. Immediate v. Remote Held: The deceased, in throwing himself into the
river, acted solely in obedience to the instinct of
Illustrations: self-preservation, and was in no sense legally
responsible for his own death. As to him, it was
#1 but the exercise of a choice between two
A, B, C, D, and E were driving their vehicles evils, and any reasonable person under the
along Ortigas Ave. A’s car was ahead, followed by same circumstance might have done the same.
those of B, C, D, and E. When A’s car reached the The accused must, therefore, be considered the
intersection of EDSA and Ortigas Avenue, the author of the death of the victim.
traffic light turned red so A immediately stepped
on his break, followed by B, C, and D. However, Ø This case illustrates that proximate cause
E was not aware that the traffic light had turned does not require that the offender needs to
to red, so he bumped the car of D, then D hit the actually touch the body of the offended party.
car of C, then C hit the car of B, then, finally, B Ø It is enough that the offender generated
hit the car of A. in the mind of the offended party the
In this case, the immediate cause of the belief that made him risk himself.
damage to the car of A is the car of B, but that is
not the proximate cause.
The proximate cause is the car of E 2. Urbano vs. IAC (1988)
because it was the care of E which sets into
motion the cars to bump into each other. Facts: A and B had a quarrel and started hacking
each other. B was wounded at the back.
#2 Cooler heads intervened and they were
In one case, A and B, who are brothers-in-law, separated. Somehow, their differences were
had a quarrel. At the height of their quarrel, A patched up. A agreed to shoulder all the
shot B with an airgun. B was hit at the stomach, expenses for the treatment of the wound of B,
which bled profusely. When A saw this, he put B and to pay him also whatever loss of income B
on the bed and told him not to leave because he may have suffered. B, on the other hand, signed
will call a doctor. forgiveness in favor of A and on that condition,
he withdrew the complaint that he filed against
While A was away, B rose from the bed, went A.
into the kitchen and got a kitchen knife and cut After so many weeks of treatment in a clinic,
his throat. The doctor arrived and said that the the doctor pronounced that the wound was
wound in the stomach is only superficial; only already healed.
that it is a bleeder, but the doctor could no Thereafter, B went back to his farm. Two
longer save him because B’s throat was already months later, B came home and was chilling.
cut. Eventually, B died. A was prosecuted for Before midnight, he died out of tetanus
manslaughter. poisoning. The heirs of B filed a case of
homicide against A.

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Held: The Supreme Court held that A is not the appellant and the injuries sustained by the
liable. It took into account the incubation period victim.
of tetanus toxic. Medical evidence were presented
that tetanus toxic is good only for two weeks. It does not constitute efficient
That if, indeed, the victim had incurred tetanus intervening cause.
poisoning out of the wound inflicted by A, he
would not have lasted two months. The proximate cause of the death of the
What brought about the tetanus to infect deceased is the shooting by the appellant.
his body was his work in the farm using his It is settled that anyone inflicting injuries
bare hands. is responsible for all the consequences of
Because of this, the Supreme Court said that his criminal act such as death that
the act of B working in his farm where the soil is supervenes in consequence of the injuries.
filthy, using is own hands, is an efficient The fact that the injured did not receive
supervening cause which relieves A of any proper medical attendance would not affect
liability for the death of B. A, if at all, is only appellant's criminal responsibility.
liable for the physical injuries inflicted upon B. The rule is founded on the practical policy of
closing to the wrongdoer a convenient avenue of
3. People v. Enguito (2000) escape from the just consequences of his
Facts: A was mauled by B. The latter took off by wrongful act. If the rule were otherwise, many
riding a motorela which contained other criminals could avoid just accounting for their
passengers. A followed behind in another vehicle acts by merely establishing a doubt as to the
with the intent of reporting the incident to the immediate cause of death.
police. A forced his vehicle to bump the motorela
a few times , which prompted B to jump. The
force of the jump caused the motorela to lose B. OMISSION
balance thereby flipping to its left side and
injuring the other passengers. Omission is the inaction, the failure to
A contends that he could not be guilty of any perform a positive duty which he is bound to
physical injuries suffered by the other passengers do. There must be a law requiring the doing or
because the direct cause of the motorela turning performing of an act.
on its left side was the act of the driver in guiding
the vehicle while the proximate cause is the
thrust which resulted when B suddenly jumped C. TRANSFERRED INTENT
out of the motorela.
Ø Aberration Ictus
Held: The argument is devoid of merit. A
Ø Error in Personae
disregarded the basic rule in criminal law that a
Ø Praeter Intentionem
person is responsible for all the
consequences of his unlawful or wrongful
act although such consequences were Art. 4. Criminal liability. — Criminal liability shall be
different from those which he originally incurred:
intended. 1. By any person committing a felony (delito) although
Even if it be assumed that the real intention the wrongful act done be different from that which he
of accused-appellant was to surrender the victim
to the police for mauling him, his act of
pursuing the victim, who was a passenger of
the motorela, resulted in the injuries of the
driver and the other passenger of the
Upon seeing that B was trying to jump out of
the motorela, A should have known that by
closely following, pushing and bumping the
motorela, he could injure the passengers, which
is what happened in this case. Instead, he
persisted resulting in the motorela turning on its
side and in the opposite direction
The act of accused-appellant in relentlessly
pursuing the motorela is a manifestation of his
intention to perpetrate the crime.

4. People v. Acuram (2000)

Appellant blames the death of the victim on
the lack of prompt and proper medical attention
He insists that the delay in giving proper
medical attendance to the victim constitutes an
efficient intervening cause which exempts him
from criminal responsibility.

Held: The attending doctors are not liable for the

death of the victim.
The perceived delay in giving medical
treatment to the victim does not break at all the
causal connection between the wrongful act of

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Art. 49. Penalty to be imposed upon the principals when the crime committed is different from
that intended. —
In cases in which the felony committed is different from that which the offender intended to commit, the
following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than that corresponding to the
offense which the accused intended to commit, the penalty corresponding to the latter shall be
imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one
which the accused intended to commit, the penalty for the former shall be imposed in its maximum
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed
by the guilty person shall also constitute an attempt or frustration of another crime, if the law
prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for
the attempted or the frustrated crime shall be imposed in its maximum period.


1. Aberratio Ictus Person directed the blow A shot at B. You have a complex crime,
at an intended victim, but However, because of unless the resulting
In aberratio ictus, the because of poor aim, that poor aim, it was not consequence is not a grave or
intended victim as well as blow landed on someone B who was hit but C. less grave felony. You have a
the actual victim are both else. There is only one single act as against the
at the scene of the crime. single act—the act of intended victim and also
Distinguish this from firing at B. giving rise to another felony
error in personae, where as against the actual victim.,
the victim actually In so far as B is there is no intent to kill.
received the blow, but he concerned, the crime
was mistaken for another at least is attempted In other words, aberratio
who was not at the scene homicide or ictus, generally gives rise to
of the crime. attempted murder. a complex crime. This being
so, the penalty for the more
The distinction is As far as the third serious crime is imposed in the
important because the party C is concerned, maximum period. This is the
legal effects are not if C were killed, the legal effect.
the same. crime is homicide. If
C was only wounded, The only time when aberratio
the crime is only ictus may not result in a
physical injuries. You complex crime is when one of
cannot have the resulting felonies is a light
attempted or felony.
frustrated homicide
or murder as far as C
is concerned,
because as far as he
is concerned, there is
no intent to kill.
serious or slight.
4. Error In Personae A mistake in identity. A thought of killing Article 49 applies only in a
B. He positioned case of error in personae
It was the actual himself at one and not in a case of
victim upon whom the corner where B aberratio ictus.
blow was directed, but usually passes.
he was not really the When a figure When the crime intended is
intended victim. resembling B was more serious than the crime
approaching, A hid actually committed or vice
and when that versa:
figure was near
him, he suddenly o whichever crime
hit him with a carries the lesser
piece of wood on penalty, that penalty will
the nape, killing be the one imposed,
him. But it turned whatever the crime the
out that it was his offender is prosecuted
own father. under.
The crime
committed is o But it will be imposed in
parricide, although the maximum period.
what was intended
was homicide. o In any event, the
Article 49, offender is prosecuted
therefore, will for the crime
apply because out committed not for the
of a mistake in crime intended.
identity, a crime

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was committed Error in personae is

different from that mitigating if the crime
which was committed is:
intended. o Different and
A will be o Less serious
prosecuted for from that which was
parricide but his intended.
penalty will be for
homicide in its
maximum period.

In another
instance, A
thought of killing
B. Instead of B, C
passed. A thought
that he was B, so
he hit C on the
neck, killing the
Just the same the
crime intended to
be committed is
homicide and what
was committed is
actually homicide.
Article 49 does not
apply. Here, error
in personae is of
no effect.
5. Praeter The result is greater The accused Praeter intentionem is
Intentionem than what was entered the store mitigating, particularly
intended of a Chinese covered by paragraph 3 of
couple, to commit Article 13. In order however,
In Ramos-Andan v. robbery. They that the situation may
People (2006) the hogtied the qualify as praeter
court said that the Chinaman and his intentionem, there must be a
mitigating wife. Because the notable disparity between
circumstance of lack of wife was so the means employed and the
intention to commit so talkative, one of resulting felony. If there is
grave a wrong may the offenders got a no disparity between the
not be availed of when pan de sal and means employed by the
fraud is employed. placed it in her offender and the resulting
mouth. But felony, this circumstance
because the cannot be availed of.
woman was trying
to wiggle from the It cannot be a case of
bondage, the pan praeter intentionem because
de sal slipped the intention of a person is
through her determined by the means
throat. She died resorted to by him in
because of committing the crime.
suffocation. The
offenders were If the resulting felony can be
convicted for foreseen or anticipated from
robbery with the means employed, the
homicide because circumstance of praeter
there was a intentionem does not apply.
resulting death,
although their
intention was only
to rob. However,
There was really
no intention to
bring about the
killing, because it
was the pan de sal
that they put into
the mouth. Had it
been a piece of
rag, it would be
different. The SC
gave the offenders

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the benefit of
intentionem as a
circumstance. The
means employed
is not capable of
producing death
if only the
woman chewed
the pan de sal.

A man raped a
young girl. The
young girl was
shouting so the
man placed his
hand on the
mouth and nose of
the victim. He
found out later
that the victim
was already dead;
she died of
suffocation. The
offender begged
that he had no
intention of killing
the girl and that
his only intention
was to prevent her
from shouting.
The Supreme
Court rejected
the plea saying
that a person
who is
suffocated may
eventually die.
The offender was
prosecuted for the
serious crime of
rape with homicide
and was not given
the benefit of
paragraph 3 of
Article 13.

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C. IMPOSSIBLE CRIMES apply when the wrongful act, which would

have constituted a crime against persons or
Under par. 2, Article 4 property, could not and did not constitute
Ø An impossible crime is an act which would be another felony.
an offense only against person or Ø Otherwise, if such act constituted any other
property felony although different from what the
offender intended, the criminal liability
• were it not for the inherent should be for such other felony and not
impossibility of its accomplishment or for an impossible crime.
• on account of the employment of Ø The attitude was so because Article 4 of
inadequate or ineffectual means. the Code provides two situations where
criminal liability shall be incurred.
Ø Liability under this paragraph is incurred only
if: Ø Because criminal liability for impossible crime
presupposes that no felony resulted form the
• the offender has actually performed the wrongful act done, the penalty is fixed at
act against the person or property of the arresto mayor or a fine from P200.00 to
intended victim and P500.00, depending on the “social
• such act does not constitute another danger and degree of criminality shown
felony. by the offender”(Article 59), regardless of
whether the wrongful act was an impossible
Example: crime against persons or against property.

The dead victim was shot to make it appear that Ø In the Intod case, the wrongful acts of the
he was trying to escape, the accused is not a culprits caused destruction to the house of
principal to an impossible crime but an accessory the intended victim; this felonious act
to the killing committed by the principal. negates the idea of an impossible crime.
• But whether we agree or not, the
Modified Concept of impossible crime Supreme Court has spoken, we have to
respect its ruling.
Intod vs. CA, et. al., 285 SCRA 52.
In this case, four culprits, all armed with firearms
and with intent to kill, went to the intended
victim’s house and after having pinpointed the D. LIABILITY FOR INCOMPLETE ELEMENTS
latter’s bedroom, all four fired at and riddled the
said room with bullets, thinking that the intended 1. CLASSIFICATION UNDER ARTICLE 6
victim was already there as it was about 10:00 in 2. DEVELOPMENT OF A CRIME
the evening. It so happened that the intended
victim did not come home on that evening and so
was not in her bedroom at that time. Eventually 4. FACTORS DETERMINING STAGES OF
the culprits were prosecuted and convicted by the EXECUTION
trial court for attempted murder. The Court of
Appeals affirmed the judgment but the Supreme
Court modified the same and held the petitioner
liable only for the so-called impossible crime. As 1. CLASSIFICATION UNDER ARTICLE 6
a result, petitioner-accused was sentenced to
imprisonment of only six months of arresto
Art. 6. Consummated felonies, as well as
mayor for the felonious act he committed with those which are frustrated and attempted, are
intent to kill: this despite the destruction done to punishable.
the intended victim’s house.
A felony is consummated when all the
elements necessary for its execution and
Ø Somehow, the decision depreciated the
accomplishment are present;
seriousness of the act committed,
considering the lawlessness by which the and it is frustrated when the offender
culprits carried out the intended crime. performs all the acts of execution which would
Ø Some asked questions: produce the felony as a consequence but which,
• Was it really the impossibility of nevertheless, do not produce it by reason of causes
accomplishing the killing that brought independent of the will of the perpetrator.
about its non-accomplishment?
There is an attempt when the offender
• Was it not purely accidental that the
commences the commission of a felony directly by
intended victim did not come home that overt acts, and does not perform all the acts of
evening and, thus, unknown to the execution which should produce the felony by
culprits, she was not in her bedroom at reason of some cause or accident other than his
the time it was shot and riddled with own spontaneous desistance.
• Suppose, instead of using firearms, the A. Consummated Felony
culprits set fire on the intended victim’s
house, believing that she was there when Ø When all the elements necessary for its
in fact she was not, would the criminal execution are present.
liability be for an impossible crime?
Ø The felony is produced
Ø Until the Intod case, the prevailing attitude B. Frustrated Felony
was that the provision of the Revised Penal
Code on impossible crime would only

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Ø When the offender performs all the acts of

execution; Example: If Ernie stabbed Burt from
Ø All the acts performed would produce behind, the nature of his act indicated the
the felony as a consequence; intent to kill because of the treachery
Ø The felony is not produced; employed—he is liable for any of the
Ø By reason of causes independent of the stages of murder depending on the actual
will of the perpetrator. result:
a.If Burt dies, the crime is
C. Attempted Felony consummated;
b.If Burt was stabbed in a critical
Ø When the offender commences the body part but managed to
commission of a felony directly by overt survive due to timely medical
acts; assistance, the crime is
Ø He does not perform all the acts of frustrated;
execution which should produce the felony; c. If Ernie lunged at Burt from
Ø By reason of some cause or accident other behind but was only able to
than his own spontaneous desistance; graze Burt’s arm because of the
latter’s reflex, the crime is an

Ø Overt act
• Are external acts which if allowed to 3. ATTEMPT AND FRUSTRATION
continue its natural course would definitely
result into a felony. Ø The difference between the attempted stage
• It is the start of criminal liability and the frustrated stage lies on
because the offender has commenced the
commission of an offense with overt acts. • whether the offender has performed
• all the acts of execution
Ø Development of a crime • for the accomplishment of a felony.

1. Internal acts – intent and plans; usually Attempted Frustrated


Example: Ernie plans to kill Burt Overt acts of All acts of execution
execution are started are finished
2. External acts
a. Preparatory Acts –
o acts tending toward the crime Not all acts of Crime sought to be
o ordinarily not punished except execution are committed is not
when considered by law as present achieved
independent crimes (Art. 304 –
possession of picklocks)
o these acts do not yet WHY: WHY:
constitute even the first stage
of the acts of execution Due to reasons other Due to intervening
o intent not yet disclosed than the causes independent of
spontaneous the will of the
Example: Ernie goes to the kitchen to get desistance of the perpetrator
a perpetrator
b. Acts of Execution TIMELINE: TIMELINE:
o acts directly connected to the
crime Offender still in Offender is already in
o Punishable under the RPC subjective phase the objective phase
o usually overt acts with a because he still has because all acts of
logical relation to a particular control of his acts execution are already
concrete offense present and the cause
of its non-
Example: Ernie stabs Burt accomplishment is
other than the
Ø Indeterminate offense offender’s will

• It is one where the purpose of the Attempted Stage

offender in performing an act is not
certain. Its nature in relation to its
objective is ambiguous.
1.The offender commences the commission of the
felony directly by overt acts;
• The intention of the accused must be
2.He does not perform all the acts of execution
viewed from
which should produce the felony;
◦ the nature of the acts executed by
3.The offender’s act is not stopped by his own
him, and
spontaneous desistance;
◦ not from his admission.

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4.The non-performance of all acts of execution

was due to cause or accident other than his Ø In the attempted stage, the definition uses
own spontaneous desistance. the word “directly.”
• This is significant.
Ø In the attempted stage,
Ø Marks the commencement of the subjective • the acts so far performed may already be
phase a crime or
• Subjective phase – that portion of the • it may just be an ingredient of another
acts constituting a crime, crime.
◦ starting from the point where the • The word “directly” emphasizes the
offender begins the commission of requirement that the attempted felony
the crime is that which is
◦ to that point where he still has ◦ directly linked to the overt act
control over his acts including performed by the offender,
their (acts) natural course ◦ not the felony he has in his mind.
Ø If between those two points
• the offender is stopped Ø In criminal law, you are not allowed to
• by reason of any cause outside of his own speculate, not to imagine what crime is
voluntary desistance, intended, but apply the provisions of the law
◦ the subjective phase has not to the facts given.
been passed and it is an attempt.
People v. Lamahang (1935)
Ø If he is not stopped but continues until he The accused was arrested while he was detaching
performs the last act, it is either some of the wood panels of a store. He was
consummated or frustrated. already able to detach two panels. To a
layman, the only conclusion that will come to
Example: The subjective phase for Ernie was your mind is that this fellow started to enter the
from the moment he swung his arm to stab Burt store to steal something. He would not be there
up until he finished his stroke. This is the interim just to sleep there. But in criminal law, since
where he still has control of his actions the act of removing the panel indicates only at
most the intention to enter, he can only be
Ø Desistance prosecuted for trespass. The removal of the
• It is the act which will negate criminal paneling is just an attempt to trespass, not an
liability when made during the attempt to rob. Although Lamahang was
attempted stage. prosecuted for attempted robbery, the Supreme
• Desistance is true only in the Court held it is only attempted trespass because
attempted stage of the felony. If that is the crime that can be directly linked to his
under the definition of the felony, the act act of removing the wood panel.
done is already in the frustrated stage,
no amount of desistance will negate Ø There are some acts which are
criminal liability. ingredients of a certain crime, but which
• The spontaneous desistance of the are, by themselves, already criminal
offender negates only the attempted offenses.
◦ but not necessarily all criminal People v. Campuhan (2000)
• Even though there was desistance on the Facts: The mother of the 4-year-old victim
part of the offender, if the desistance caught the houseboy Campuhan in the act of
was made when acts done by him almost raping her daughter. The hymen of the
already resulted to a felony, victim was still intact but since in previous Orita
◦ that offender will still be criminally ruling, entry into labia is considered rape even
liable for the felony brought about his without rupture of hymen and full penetration is
act. not necessary, question arises whether what
◦ What is negated is only the transpired was attempted or consummated rape.
attempted stage, but there may be Held: Attempted rape only. Mere
other felonies constituting his act. touching of external genitalia by the penis is
already rape. However, touching should be
Example: Supposing Ernie (because he thought understood as inherently part of entry of penis
killing Burt was too easy a revenge) desisted into labia and not mere touching of the
mid-stroke. However, Burt felt the movement pudendum. There must be clear and convincing
and turned. He was so shocked that he suddenly proof that the penis indeed touched the labia and
backed away and tripped over his own feet. As slid into the female organ and NOT MERELY
Burt went down, his left eye caught the sharp STROKED THE EXTERNAL SURFACE. Some
corner of a table causing a puncture on his degree of penetration beneath the surface must
eyeball rendering him completely blind on the left be achieved and the labia major must be
side. entered. Prosecution did not prove that the
a. Ernie would not be liable for Campuhan’s penis was able to penetrate victim’s
attempted murder because of his vagina because the kneeling position of the
desistance (regardless of his reason accused obstructed the mother’s view of the
for doing so) alleged sexual contact. The testimony of the
b.His liability would now be for serious victim herself claimed that penis grazed but did
physical injuries because his act of not penetrate her organ.
raising the knife was the proximate There was only a shelling of the castle but
cause for Burt losing an eye. no bombardment of the drawbridge ye (I

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suppose, this, if nothing else, will make you • There is no middle stage between being
remember this case). not burned and burned.

Frustrated Stage 3. BRIBERY

Ø The manner of committing the crime requires
Elements: • the meeting of the minds between
1. The offender performs all the acts of the giver and the receiver.
execution; • If there is a meeting of the minds, there
2. All the acts performed would produce the is consummated bribery or consummated
felony as a consequence; corruption.
3. But the felony is not produced; • If there is none, it is only attempted.
4. By reason of causes independent of the will • This leaves out the frustrated stage
of the perpetrator. because of the manner of committing the
Ø The end of the subjective phase and the
beginning of the objective phase 4. CORRUPTION OF PUBLIC OFFICERS
• Objective phase – the result of the acts Ø Same with bribery.
of execution, that is, the accomplishment
of the crime 5. ADULTERY
Ø This requires the sexual contact two
Ø If the subjective and objective phases are participants.
present, there is a consummated felony. • If that link is there, the crime is
• if such link is absent, there is only an
CRIMES WHICH DO NOT ADMIT OF A attempted adultery.
1. RAPE Ø Under the Revised Penal Code, the crime of
physical injuries is penalized on the basis of
the gravity of the injuries. Actually, there is
3. BRIBERY no simple crime of physical injuries. You have
4. CORRUPTION OF PUBLIC OFFICERS to categorize because there are specific
5. ADULTERY articles that apply whether the physical
6. PHYSICAL INJURIES injuries are serious, less serious or slight.
7. THEFT Ø If you merely say physical injuries, you would
not know which article to apply.
Ø This being so, you could not punish the
attempted or frustrated stage because
• you do not know what crime of physical
1. RAPE injuries was committed.
Ø The essence of the crime is carnal • Physical injuries are punished by the
knowledge. result.
Ø No matter what the offender may do to
accomplish a penetration, Example: When Burt lost his left eye, Ernie’s
• if there was no penetration yet, it cannot liability was automatically for serious physical
be said that the offender has performed injuries. He would have no liability if the eye was
all the acts of execution. intact. If the eye suffered damage due to the
• We can only say that the offender in rape impact, the crime would not be frustrated nor
has performed all the acts of execution attempted physical injuries because the RPC still
when he has effected a penetration. considers this as a consummated physical injury,
Ø Once there is penetration already, its gravity depending on the duration that it took
• no matter how slight, the offense is for the damage to heal.
consummated. 7. THEFT
• For this reason, rape admits only of Ø There is no crime of frustrated theft.
the attempted and consummated Ø Once there is unlawful taking, theft is
stages, no frustrated stage. This was consummated.
the ruling in the case of People vs. • Either the thing was taken or not.
Orita (see the previously cited case Ø Disposition of the stolen goods is not an
of People v. Campuhan for the most element of theft under the RPC19.
recent doctrine on penetration).

Ø One cannot say that the offender, in the
crime of arson, has already performed all the 4. FACTORS IN DETERMINING THE STAGE
acts of execution which could produce the OF
destruction of the premises through the use EXECUTION OF A FELONY
of fire,
• unless a part of the premises has 1. The manner of committing the crime;
begun to burn.
2. The elements of the crime; and
• If it has not begun to burn, that means
that the offender has yet to perform all 3. The nature of the crime itself.
the acts of execution. On the other hand,
the moment it begins to burn, the crime
is consummated. 1919
Valenzuela v. People

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TIP: M.E.N. capable of producing a felony as a

• Hence, the general rule is that there
Ø These three factors are helpful in trying to
must be a fatal injury inflicted,
pinpoint whether the crime is still in its
because it is only then that death will
attempted, frustrated or consummated stage.

1. The Manner of Committing the Crime

Ø Under the RPC, some crimes take two to

commit the crime like adultery.

• In bribery, the manner of committing the

crime requires the meeting of the minds
between the giver and the receiver.
When the giver delivers the money to the
supposed receiver, but there is no
meeting of the minds, the only act done
by the giver is an attempt.

Ø There are instances where an intended

felony could already result from the acts
of execution already done.
• Because of this, the offender is
deemed to have performed all the
acts of execution ONLY by the
existence of the result.
Ø Without the resulting felony, there is no way
of determining whether the offender has
already performed all the acts of execution or
not like rape and arson.
Ø Thus, in determining the stage of some
crimes, the manner of execution becomes
pivotal in determining the end of the
subjective phase, i.e. once the offender
performs the act in the manner provided
for in the law, HE HAS ALREADY DEEMED

2. The Elements of the Crime

Ø Along with the manner of execution, there

are crimes wherein the existence of certain
elements becomes the factor in determining
its consummation.
• In the crime of estafa, the element of
damage is essential before the crime
could be consummated. If there is no
damage, even if the offender succeeded
in carting away the personal property
involved, estafa cannot be considered as
• On the other hand, if it were a crime of
theft, damage or intent to cause damage
is not an element of theft. What is
necessary only is intent to gain, not
even gain is important.
• In the crime of abduction, the crucial
element is the taking away of the
woman with lewd designs.

3. The Nature of the Crime Itself

Ø In crimes involving the taking of human

life—parricide, homicide, and murder—
• in the definition of the frustrated stage,
◦ it is indispensable that the victim
be mortally wounded.
Ø Under the definition of the frustrated
stage, to consider the offender as having
performed all the acts of execution, the acts
already done by him must produce or be

100% UP LAW UP BAROPS 2008 Page 24 of 62

E. CONSPIRACY AND PROPOSAL Proposal is true only up to the point where the
party to whom the proposal was made has NOT
Ø Conspiracy and proposal to commit a felony yet accepted the proposal. Once the proposal
are two different acts or felonies. was accepted, a conspiracy arises. Proposal is
unilateral, one party makes a proposition to the
other; conspiracy is bilateral, it requires two
GENERAL RULE: Conspiracy and proposal to
commit a felony are not punishable RATIONALE: Conspiracy and proposal to commit
EXCEPTION: They are punishable only in the a crime are only preparatory acts and the law
cases in which the law specially provides a regards them as innocent or at least permissible
penalty therefore. except in rare and exceptional cases.


AS A CRIME PREPARATORY Mere The RPC must specifically A, B, C and D came to an
ACTS agreement punish the act of conspiring agreement to commit
(and proposing) rebellion. Their agreement
was to bring about the
Treason, rebellion, sedition rebellion on a certain date.
and coup d’ etat are the only Even if none of them has
crimes where the conspiracy performed the act of
and proposal to commit them rebellion, there is already
are punishable criminal liability arising
from the conspiracy to
The act MUST NOT BE commit the rebellion. But if
ACCOMPLISHED, else the anyone of them has
conspiracy is obliterated and committed the overt act of
the ACT ITSELF IS PUNISHED. rebellion, the crime of all is
no longer conspiracy but
QUANTUM OF PROOF: rebellion itself. This
Conspiracy as a crime must be subsists even though the
established beyond reasonable other co-conspirator does
doubt not know that one of them
had already done the act of
AS A EXECUTORY Commission The participants acted in Three persons plan to rob a
BASIS FOR ACTS of overt act concert or simultaneously or bank.
LIABILITY IN ANY WAY which is For as long as the
indicative of a meeting of the conspirators merely
minds towards a common entered the bank there is
criminal goal or criminal no crime yet.
objective. But when one of them
draws a gun and
The act of meeting together is disarms the security
not necessary as long as a guard, all of them shall be
common objective can be held liable, unless a
discerned from the overt acts.
co-conspirator was absent
THE ACT MUST BE from the scene of the
ACCOMPLISHED, if there is crime or
only conspiracy or proposal,
THERE IS NO CRIME TO BE he showed up, but he
PUNISHED. tried to prevent the
commission of the
Reasonably inferred from the
acts of the offenders when
such acts disclose or show a
common pursuit of the
criminal objective. This was
the ruling in People vs.

1) People vs. Laurio, 200 SCRA 489,

It must be established by positive and
conclusive evidence, not by conjectures or

2) People v. Bulan, 2005

The prosecution must prove conspiracy by the
same quantum of evidence as the felony charged
itself although, proof of previous agreement
among the malefactors to commit the crime is
not essential to prove conspiracy. It is not
necessary to show that all the conspirators
actually hit and killed the victim; what is
primordial is that all the participants performed

100% UP LAW UP BAROPS 2008 Page 25 of 62


specific acts with such closeness and coordination A, B and C have been courting the same lady for
as to indicate a common purpose or design to several years. On several occasions, they even
bring out the victim’s death. visited the lady on intervening hours. Because of
this, A, B and C became hostile with one another.
3) People v. Pangilinan, One day, D invited the young lady and she
accepted the invitation. Eventually, the young
Implied Conspiracy lady agreed to marry D. When A, B and C learned
Conspiracy need not be direct but may be about this, they all stood up to leave the house of
inferred from the conduct of the parties, their the young lady feeling disappointed. When A
joint purpose, community of interest and in the looked back at the young lady with D, he saw D
mode and manner of commission of the offense. laughing menacingly. At that instance, A stabbed
D. C and B followed. In this case, it was held that
The legal effects of implied conspiracy are: conspiracy was present
a. Not all those present at the crime scene will
be considered conspirators; 8) People vs. Nierra
b. Only those who participated in the criminal If a co-conspirator merely cooperated in
acts during the commission of the crime will the commission of the crime with
be considered co-conspirators; insignificant or minimal acts, such co-
c. Mere acquiescence to or approval of the conspirator should be punished as an
commission of the crime, without any act of accomplice only.
criminal participation, shall not render one The common notion is that when there is
criminally liable as co-conspirator. conspiracy involved, the participants are
punished as principals. This notion is no longer
4) Taer vs. CA, 186 SCRA 5980, absolute. The reason given is that penal laws
Mere knowledge, acquiescence to, or always favor a milder form of responsibility upon
approval of the act, without cooperation at and offender.
least, agreement to cooperate, is not
enough to constitute a conspiracy. There Illustration:
must be an intentional participation in the crime There was a planned robbery, and the taxi driver
with a view to further the common felonious was present during the planning. The taxi
objective. driver agreed for the use of his cab but said,
“I will bring you there, and after committing
5) A conspiracy is possible even when the robbery I will return later.” The taxi
participants are not known to each other. driver brought the conspirators where the
When several persons who do not know each robbery would be committed. After the robbery
other simultaneously attack the victim, the act of was finished, he took the conspirators back to his
one is the act of all, regardless of the degree of taxi and brought them away. It was held that
injury inflicted by any one of them. All will be the taxi driver was liable only as an
liable for the consequences. Do not think that accomplice. His cooperation was not really
participants are always known to each other. indispensable. The robbers could have engaged
another taxi. The taxi driver did not really stay
6) The Supreme Court has ruled that one during the commission of the robbery. At most,
who desisted is not criminally liable. As what he only extended was his cooperation.
pointed out earlier, desistance is true only in the
attempted stage. Before this stage, there is only 9) Siton vs. CA,
a preparatory stage. Conspiracy is only in the The idea of a conspiracy is incompatible
preparatory stage.. with the idea of a free for all. There is no
definite opponent or definite intent as when a
Illustrations: basketball crowd beats a referee to death.

A thought of having her husband killed because E. PLURAL CRIMES

the latter was maltreating her. She hired some
persons to kill him and pointed at her husband. 1) PLURALITY OF CRIMES
The goons got hold of her husband and started
mauling him. The wife took pity and shouted
for them to stop but the goons continued.
The wife ran away. The wife was prosecuted for b. SPECIAL COMPLEX CRIMES
parricide. But the Supreme Court said that c. CONTINUED AND
there was desistance so she is not criminally CONTINUING CRIMES

7) Do not search for an agreement among
the participants. If they acted simultaneously Ø Consists in the successive execution
to bring about their common intention,
Ø by the same individual
conspiracy exists. And when conspiracy exists, do
not consider the degree of participation of each Ø of different criminal acts
conspiracy because the act of one is the act of Ø upon any of which no conviction has yet
all. As a general rule, they have equal been declared.
Ø Philosophy behind plural crimes:
Illustration: • The treatment of plural crimes as one is
to be lenient to the offender, who,

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◦ instead of being made to suffer committed. (SPECIAL COMPLEX

distinct penalties for every resulting CRIMES)
◦ is made to suffer one penalty only, c. When the offender commits continued
although crimes. (CONTINUING AND
§ it is the penalty for the most CONTINUED CRIMES)
serious one and
§ is in the maximum period. Complex Crimes

Ø If by complexing the crime, the penalty

would turn out to be higher, do not
complex anymore. b. TWO KINDS OF COMPLEX CRIMES
Art. 48. Penalty for complex crimes. —
Murder and theft (killed with treachery, and When a single act constitutes two or more
then stole the wallet). grave or less grave felonies, or
when an offense is a necessary means for
Penalty: committing the other,
If complex:
Reclusion temporal maximum to death. the penalty for the
If treated individually: most serious crime shall be imposed, the
Reclusion temporal to Reclusion Perpetua same to be applied in its maximum
Ø Complex-crime is not just a matter of
penalty, but of substance under the Ø Art. 48 requires the commission of at least 2
Revised Penal Code. crimes.
Ø But the two or more GRAVE or LESS GRAVE
CRIMES • the result of a SINGLE ACT, or
There is no conviction There must be • an offense must be a NECESSARY MEANS
of any of the crimes conviction by final FOR COMMITTING the other.
committed. judgment of the first
or prior offense. a. NATURE OF COMPLEX CRIMES:

Ø although two or more crimes are actually

Ø they constitute only one crime
Ø Real or Material Plurality • in the eyes of the law as well
• as in the conscience of the offender.
• There are different crimes in law as well Ø Even in the case where an offense is a
as in the conscience of the offender. necessary means for committing the other,
• In such cases, the offender shall be the evil intent of the offender is only
punished for each and every offense one.
that he committed.
1. COMPOUND CRIME - When a single act
A stabbed B. Then, A also stabbed C. There are results in two or more grave or less grave
two crimes committed. felonies
Ø Formal or Ideal Plurality offense is a necessary means for
committing the other.

Single Act Several Acts

Throwing a hand Submachine gun – 1. COMPOUND CRIME
grenade because of the number
of bullets released REQUISITES:
A single bullet killing Firing of the revolver
two person twice in succession 1. That only a SINGLE ACT is performed by
• There is but one criminal liability in this the offender
kind of plurality.

• Divided into 3 groups:

2. That the single acts produces
a.When the offender commits any of the
complex crimes defined in Art. 48 of the (a) 2 or more grave felonies, or
Code. (COMPLEX CRIMES) (b) 1 or more grave and 1 or more
b.When the law specifically fixes a single grave felonies, or
penalty for 2 or more offenses (c) 2 or more less grave felonies

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Ø Light felonies produced by the same act

should be treated and punished as separate 1. Subsequent acts of intercourse, after forcible
offenses or may be absorbed by the grave abduction with rape, are separate acts of
felony. rape.

Example: 2. Not complex crime when trespass to dwelling

When the crime is committed by force or is a direct means to commit a grave offense.
violence, slight physical injuries are absorbed.
3. No complex crime, when one offense is
Ø The basis in compounding the crime is the committed to conceal the other.
Ø So that when an offender 4. When the offender had in his possession the
• performed more than one act, funds which he misappropriated, the
• although similar, falsification of a public or official document
• if they result in separate crimes, involving said offense is a separate offense.
◦ there is no complex crime at all,
5. No complex crime where one of the offense is
• instead, the offender shall be prosecuted penalized by a special law.
for as many crimes as are committed
under separate information.
6. There is no complex crime of rebellion with
murder, arson, robbery, or other common
Example of a compound crime:
crimes (re: rebellion, Ortega thinks
The victim was killed while discharging his duty
as barangay captain to protect life and property
and enforce law and order in his barrio.
1. When two crimes produced by a single act
The crime is a complex crime of homicide with are respectively within the exclusive
assault upon a person in authority. jurisdiction of two courts of different
#2 jurisdiction, the court of higher
When in obedience to an order several accused jurisdiction shall try the complex crime.
simultaneously shot many persons, without
evidence how many each killed, there is only a 2. The penalty for complex crime is the penalty
single offense, there being a single criminal for the most serious crime, the same to be
impulse. applied in its maximum period.

2. COMPLEX CRIME PROPER 3. When two felonies constituting a complex

crime are punishable by imprisonment and
REQUISITES: fine, respectively, only the penalty of
imprisonment should be imposed.
1. That at least two offenses are committed
4. Art. 48 applies only to cases where the
2. That one or some of the offenses must be Code does not provide a definite specific
necessary to commit the other penalty for a complex crime.

3. That both or all the offenses must be 5. One information should be filed when a
punished under the same statute. complex crime is committed.

Ø The phrase “necessary means” does not 6. When a complex crime is charged and one
mean “indispensable means” offense is not proven, the accused can
be convicted of the other.
Ø In complex crime, when the offender 7. Article 48 also applies in cases when out
executes various acts, he must have a single a single act of negligence or imprudence,
purpose. two or more grave or less grave felonies
resulted, but only the first part thereof
• When there are several acts performed, (compound crime). The second part of
• the assumption is that each act is Article 48 does not apply, referring to the
impelled by a distinct criminal complex crime proper because this applies or
impulse, hence each will have a separate refers only to a deliberate commission of one
penalty. offense to commit another offense.

• However, it may happen that 8. Art. 48 does not apply when the law
◦ the offender is impelled only by a provides one single penalty for special
single criminal impulse complex crimes.
◦ in committing a series of acts that
◦ brought about more than one crime
Special Complex/Composite Crimes
• In this case, the BASIS for
COMPLEXING is not the singleness of Ø The substance is made up of more than one
the act but the singleness of the crime but which
impulse that is considered.
• in the eyes of the law is only a single

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indivisible offense. A, B, and C agreed to kill D. When they saw the

opportunity, A, B, and C killed D and after that, A
• all those acts done in pursuance of the and B ran into different directions.
crime agreed upon are acts which
constitute a single crime. C inspected the pocket of the victim and found
that the victim was wearing a ring—a diamond
Ø Special Complex Crimes ring—and he took it.
• Robbery with Homicide (Art. 294 (1))
• Robbery with Rape (Art. 294 (2)) The crimes committed are homicide and theft.
• Kidnapping with serious physical injuries
(Art. 267 (3)) As far as the homicide is concerned, A, B,
• Rape with Homicide (Art. 335) and C are liable because that was agreed upon
and theft was not an integral part of homicide.
This is a distinct crime so the rule will not apply
Ø The liability for special complex crimes is because it was not the crime agreed upon.
linked with that of conspiracy.
Insofar as the crime of theft is concerned, C
will be the only one liable. So C will be liable for
homicide and theft.
As a general rule,
• When there is conspiracy, the rule is that
the act of one is the act of all. Continued and Continuing Crimes
• This principle applies only to the crime
agreed upon.
The exception is .
• if any of the co-conspirator would
Ø A continuous, unlawful act or series of acts
commit a crime not agreed upon.
Ø set on foot by a single impulse and
• This happens when the crime agreed
Ø operated by an unintermittent force,
upon and the crime committed by one
Ø however long a time it may occupy.
of the co-conspirators are distinct
crimes. Example:
Exception to the exception:
A collector of a commercial firm misappropriates
• In acts constituting a single
for his personal use several amounts collected by
indivisible offense,
him from different persons.
o even though the co-conspirator
performed different acts bringing One crime only because the different
about the composite crime, appropriations are but the different moments
§ all will be liable for such during which once criminal resolution arises and
a single defraudation develops.
o They can only evade
responsibility for any other crime
Ø A continuing crime is not a complex crime.
outside of that agreed upon if it is
proved that the particular
conspirator had tried to prevent
Ø A continued crime is different from a
the commission of such other act.
TRANSITORY CRIME which is also called a

A, B, and C decided to commit robbery in the CONTINUING CRIME

house of D. Pursuant to their agreement, A would
ransack the second floor, B was to wait outside, Ø The term used in criminal procedure to
and C would stay on the first floor. denote that
• a certain crime may be prosecuted and
Unknown to B and C, A raped a girl upstairs. tried not only before the court of the
place where it was originally
All of them will be liable for robbery with rape. committed or began,
The crime committed is robbery with rape, • but also before the court of the place
which is not a complex crime, but an indivisible where the crime was continued.
felony under the Article 294 of the Revised
Penal Code. Ø The term is used in criminal procedure when
Even if B and C did not know that rape was • any of the material ingredients of the
being committed and they agreed only and crime was committed in different
conspired to rob, yet rape was part of places.
robbery. Rape cannot be separated from
1) People v. de Leon (1926)
The accused took
Ø The rule would be different if the crime five roosters
committed was not a composite crime. from one and the same chicken coop,
the roosters were owned by different persons,

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It was held that there is only one crime of

theft committed because the accused acted There is a complex crime not only when there is
out of a single criminal impulse only. a single act but a series of acts. It is correct that
when the offender acted in conspiracy, this crime
Illustration: is considered as one and prosecuted under one
information. Although in this case, the
A band of robbers came across a compound offenders did not only kills one person but
where a sugar mill is located. killed different persons, the Supreme Court
The workers of said mill have their quarters considered this as complex.
within the compound.
Ø Whenever the Supreme Court concludes that
The band of robbers ransacked the different the criminal should be punished only once,
quarters therein. because they acted in conspiracy or under
the same criminal impulse,
It was held that there is only one crime • it is necessary to embody these crimes
committed – multiple robbery, under one single information.
• It is necessary to consider them as
--not because of Article 48 but complex crimes even if the essence of
because this is a continued crime. the crime does not fit the definition
of Art 48, because there is no other
When the robbers entered the compound, they provision in the RPC.
were moved by a single criminal intent
which is why it does not matter that there were 3) People v. Jose,
several quarters robbed. This was a complex There were four participants here. They
crime. abducted the woman, after which, the four took
turns in abusing her. It was held that each one
of the four became liable not only for his own
Ø The definition in Article 48 is not honored rape but also for those committed by the
because the accused PERFORMED MORE others. One of the four rapes committed by one
THAN ONE ACT. of them was complexed with the crime of
abduction. Each of the four offenders was
Ø The confusion lies in this: convicted of four rapes. The consecutive
abuse cannot be considered as continued
• While Article 48 speaks of a complex crimes because there is a different intent for
crime where a single act constitutes two each act of rape. Hence, there was no single
or more grave or less grave offenses, purpose for the rapes. Each must be considered
• those cases involving a series of acts as a separate act.
resulting to two or more grave and
less grave felonies, 4) People v. Bulaong (1981), the Supreme
◦ were considered by the Supreme Court adopted the dissenting opinion of Justice
Court as a complex crime Aquino in People v. Pabasa, that when several
◦ when it is shown that the act is the persons abducted a woman and abused her,
product of one single criminal regardless of the number of rapes committed,
impulse. there should only be one complex crime of
forcible abduction with rape. The rapes
TIP: committed were in the nature of a continued
If confronted with a problem, the Supreme crime characterized by the same lewd design
Court has extended this class of complex crime which is an essential element in the crime of
to those cases when the offender performed forcible abduction. The abuse amounting to
not a single act but a series of acts as long as rape is complexed with forcible abduction
it is the product of a single criminal because the abduction was already
impulse. consummated when the victim was raped. The
forcible abduction must be complexed
therewith. But the multiple rapes should be
2. People v. Garcia (1980), considered only as one because they are in the
The accused were convicts who were members of nature of a continued crime.
a certain gang and they conspired to kill the
other gang. NOTE: This is a dangerous view because the
abductors will commit as much rape as they
Some of the accused killed their victims in one can, after all, only one complex crime of
place within the same penitentiary, some killed rape would arise.
the others in another place within the same
Ø Applying the concept of the “continued
The Supreme Court ruled that all accused should crime”, the following cases have been
be punished under one information because treated as constituting one crime only:
they acted in conspiracy. The act of one is the
act of all. (1) The theft of 13 cows belonging to two
different persons committed by the
Because there were several victims killed and accused at the same place and period
some were mortally wounded, the accused of time (People v. Tumlos, 67 Phil.
should be held for the complex crime of 320);
multiple homicide with multiple frustrated (2) The theft of six roosters belonging to
homicide. two different owners from the same

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coop and at the same period of time IV. PERSONS CRIMINALLY LIABLE
(People v. Jaranilla);
(3) The illegal charging of fees for service
Ø Under the Revised Penal Code, when more
rendered by a lawyer every time he
than one person participated in the
collected veteran’s benefits on behalf of
commission of the crime, the law looks into
a client who agreed that attorney’s fees
their participation because in punishing
shall be paid out of such benefits
offenders, the Revised Penal Code classifies
(People v. Sabbun, 10 SCRA 156).
them as:
The collections of legal fees were
impelled by the same motive, that of
collecting fees for services rendered,
and all acts of collection were made
under the same criminal impulse.
Ø This classification is true only under the
Ø The Supreme Court declined to apply the
Revised Penal Code and is not applied
concept in the following cases:
under special laws, because the penalties
(1) Two Estafa cases, one which was
under the latter are never graduated.
committed during the period from
Ø Do not use the term “principal” when the
January 19 to December, 1955 and the
crime committed is a violation of special law
other from January 1956 to July 1956
(use the term “offender/s, culprit/s,
(People v. Dichupa, 13 Phil 306).
Said acts were committed on two
different occasions;
(2) Several malversations committed in
Ø As to the liability of the participants in a
May, June and July 1936 and
grave, less grave or light felony:
falsifications to conceal said offenses
1. When the felony is grave, or less
committed in August and October,
grave, all participants are criminally
1936. The malversations and
falsifications were not the result of one
2. But where the felony is only light,
resolution to embezzle and falsity
(People v. CIV, 66 Phil. 351); only the principal and the accomplice
(3) Seventy-five estafa cases committed by are liable. The accessory is not.
the conversion by the agents of a. Therefore, it is only when the
collections from the customers of the light felony is against persons
employers made on different dates. or property that criminal
liability attaches to the
Ø In the theft cases, principal or accomplice, even
• the trend is to follow the single though the felony is only
larceny doctrine, attempted or frustrated, but
◦ that is taking of several things, accessories are not liable for
◦ whether belonging to the same or light felonies.
different owners,
◦ at the same time and place, A. PRINCIPALS
• constitutes one larceny only.
Ø Abandoned is the doctrine that the
government has the discretion to
prosecute the accused
• for one offense or
• for as many distinct offenses as there are
Ø Those who are liable:
5) Santiago v. Justice Garchitorena, (1993)
a. materially execute the crime
Here, the accused was charged with performing a b. appear at the scene of the crime
single act – that of approving the legalization c. perform acts necessary in the
of aliens not qualified under the law. The commission of the offense
prosecution manifested that they would only file
one information. Subsequently, 32 amended Ø Why one who does not appear at the scene
informations were filed. of the crime is not liable:
a. His non-appearance is deemed
The Supreme Court directed the prosecution to
desistance which is favored and
consolidate the cases into one offense because
(1) they were in violation of the same law –
b. Conspiracy is generally not a
Executive Order No. 324;
crime unless the law specifically
(2) caused injury to one party only – the
provides a penalty therefor.
government; and
c. There is no basis for criminal
(3) they were done in the same day.
liability because there is no criminal
The concept of delito continuado has been
applied to crimes under special laws since in
Article 10, the Revised Penal Code shall be
supplementary to special laws, unless the
latter provides the contrary.

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2. BY INDUCTION the son was mauled. The family was not in good
terms with their neighbors. The father challenged
Ø Inducement must be strong enough that everybody and when the neighbors approached,
the person induced could not resist. he went home to get a rifle. The shouts of his
• This is tantamount to an irresistible wife “here comes another, shoot him”
cannot make the wife a principal by
force compelling the person induced
inducement. It is not the determining cause
to carry out the crime. of the crime in the absence of proof that the
• Ill-advised language is not words had great influence over the
enough unless he who made such husband. Neither is the wife’s act of beaming
remark or advice is a co-conspirator the victim with a flashlight indispensable to the
in the crime committed. killing. She assisted her husband in taking good
aim, but such assistance merely facilitated the
Ø When does a principal by induction become felonious act of shooting. Considering that it was
not so dark and the husband could have
accomplished the deed without his wife’s help,
• The principal by induction becomes and considering further that doubts must be
liable only when the principal by resolved in favor of the accused, the liability of
direct participation committed the the wife is only that of an accomplice.
act induced.
Ø What are the effects of acquittal of principal
by direct participation upon the liability of Ø What is the essence of being a principal by
indispensable cooperation:
principal by inducement:
• The focus is not just on participation but on
a. Conspiracy is negated by the
the importance of participation in
acquittal of co-defendant.
b. One cannot be held guilty of committing the crime.
having instigated the commission of a
crime without first being shown that • The basis is the importance of the
the crime has been actually cooperation to the consummation of the
committed by another. crime.
o If the crime could hardly be
Examples: committed without such
• While in the course of a quarrel, a person
cooperation, then such cooperation
shouted to A, “Kill him! Kill him!” A killed would bring about a principal.
the other person. Is the person who o If the cooperation merely facilitated
shouted criminally liable? Is that
or hastened the consummation of
inducement? No. The shouting must be
the crime, this would make the
an irresistible force for the one
cooperator merely an accomplice.
shouting to be liable. • In case of doubt, favor the lesser penalty or
liability. Apply the doctrine of pro reo.
• There was a quarrel between two
families. One of the sons of family A
came out with a shotgun. His mother
then shouted, “Shoot!” He shot and killed
someone. Is the mother liable? No.
Ø When is one regarded as an accomplice:
1) People v. Balderrama 226 SCRA 537 1. Determine if there is a conspiracy.
(1993), Ernesto shouted to his younger brother • If there is, as a general rule, the
Oscar, “Birahin mo na, birahin mo na!” Oscar criminal liability of all will be the
stabbed the victim. It was held that there was same, because the act of one is
no conspiracy. Joint or simultaneous action the act of all.
per se is not indicia of conspiracy without • Exception:
showing of common design. Oscar has no o If the participation of one is
rancor with the victim for him to kill the latter. so insignificant
Considering that Ernesto had great moral o such that even without his
ascendancy and influence over Oscar, being cooperation,
much older (35 years old), than the latter, who o the crime would be
was 18 years old, and it was Ernesto who committed just as well,
provided his allowance, clothing, as well as food o then notwithstanding the
and shelter, Ernesto is principal by inducement. existence of a conspiracy,
such offender will be
2) People v. Agapinay, 188 SCRA 812 regarded only as an
(1990), accomplice.
The one who uttered “kill him, we will bury him.”
while the felonious aggression was taking place Ø What are the other traits of an accomplice
cannot be held liable as principal by inducement.
Utterance was said in the excitement of the
• does not have a previous agreement
hour, not a command to be obeyed.
or understanding; or
3) People v. Madall, 188 SCRA 69 (1990), • is not in conspiracy with the principal
by direct participation

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• He is already a principal or an
They know and agree with the criminal design.
Conspirators know the Accomplices come to Ø When is an accessory exempt from criminal
criminal intention know about it after liability:
because they the principals have
themselves have reached the decision
• when the principal is his:
decided upon such and only then do they
course of action. agree to cooperate in 1. spouse,
its execution. 2. ascendant,
3. descendant,
Conspirators decide Accomplices merely
4. legitimate, natural or adopted
that a crime should be assent to the plan and
brother, sister or relative by affinity
committed. cooperate in it
within the same degree.
Conspirators are the Accomplices are
NOTE: Even if only two of the principals
authors of a crime merely instruments
guilty of murder are the brothers of the
who perform acts not
accessory and the others are not related to
essential to the
him, such accessory is exempt from criminal
perpetration of the
Ø When is an accessory NOT exempt from
criminal liability even if the principal is
1. That there be community of design; related to him:
i. that is, knowing the criminal design of • if such accessory
the principal by direct participation, he (1) profited by the effects of the
concurs with the latter in his purpose; crime, or
(2) assisted the offender to
2. That he cooperates in the execution of profit by the effects of the crime
the offense
Ø Other instances when one becomes an
i. by previous or simultaneous acts, with accessory:
the intention of supplying material or
moral aid in the execution of the crime in • Accessory as a fence
an efficacious way; and
• Acquiring the effects of piracy or
3. That there be a relation between the acts brigandage
done by the principal and those • Destroying the corpus delicti
attributed to the person charged as
accomplice. • Harboring or concealing an offender
• Whether the accomplice and the
PRINCIPAL by ACCOMPLICE accessory may be tried and convicted
COOPERATION even before the principal is found
Cooperation is Cooperation is not guilty
indispensable in the indispensable in the
commission of the commission of the

C. ACCESSORIES Presidential Decree No. 1612 (Anti-Fencing

Ø When are accessories not criminally liable:

1. When the felony committed is a light Ø One who knowingly profits or assists the
felony principal to profit by the effects of robbery or
2. When the accessory is related to the theft (i.e. a fence) is not just an accessory to
principal as the crime, but principally liable for fencing
a. spouse, or
b. an ascendant, or descendant, or Ø The penalty is higher than that of a mere
c. brother or sister whether legitimate,
accessory to the crime of robbery or theft.
natural or adopted or
d. where the accessory is a relative by
affinity within the same degree, Ø Mere possession of any article of value
Ø unless the accessory himself which has been the subject of robbery or
profited from the effects or theft brings about the presumption of
proceeds of the crime or assisted “fencing.”
the offender to profit therefrom.
Ø Presidential Decree No. 1612 has,
Ø When can one not be an accessory: therefore, modified Article 19 of the
Revised Penal Code.
• He does not know of the commission
of the crime
• He participated in the crime

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Presidential Decree 532 (Anti-piracy and Ø In the fourth form or manner of becoming an
Anti-Hghway Robbery Law of 1974) accessory, take note that the law
distinguishes between:
Ø If the crime was piracy or brigandage under o a public officer harboring, concealing,
PD 532, or assisting the principal to escape,
o said act constitutes the crime of and
abetting piracy or abetting o a private citizen or civilian harboring,
brigandage as the case may be, concealing, or assisting the principal
o although the penalty is that for an to escape.
accomplice, not just an accessory, to
the piracy or brigandage. PUBLIC OFFICER CIVILIAN
The nature of the The nature of the
Ø Section 4 of PD 532 crime is immaterial. crime is material.
o provides that any person
§ who knowingly and in any What is material is For him to become
that he used his an accessory, the
public function is principal must have
§ acquires or receives property assisting the escape. committed the crime of
taken by such pirates or treason, parricide,
brigands or in any manner murder or attempt
derives benefit therefrom… on the life of the
§ shall be considered as an Chief Executive.
accomplice of the principal
offenders in accordance with
the Rules prescribed by the
Revised Penal Code. Crime committed is kidnapping for ransom.
o It shall be presumed that any Principal was being chased by soldiers. His aunt
person who does any acts provided in hid him in the ceiling of her house and she told
this Section has performed them the soldiers that her nephew had never visited
her. When the soldiers left, the aunt even gave
knowingly, unless the contrary is
money to her nephew for the latter to go to the

Ø Although Republic Act 7659, in amending Is the aunt criminally liable? No. Article 20 does
Article 122 of the Revised Penal Code, not include an aunt. However, this is not the
incorporated therein the crime of piracy in reason. The principal must have committed either
Philippine territorial waters and thus treason, parricide, murder, or attempt on the life
correspondingly superseding PD 532 of the Chief Executive, or that the principal is
known to be habitually guilty of some other
crime, for a person who is not a public officer and
o section 4 of said Decree, which
who assists an offender to escape or otherwise
punishes said acts as a crime of harbors, or conceals such offender, to be
abetting piracy or brigandage, still criminally liable. In this case, the crime
stands as it has not been repealed committed was kidnapping.
nor modified, and is not inconsistent
with any provision of RA 7659.
Criminal liability of accessory
Revised Penal Code PD 1829
Ø When the crime is robbery or theft, with (Also Known as the
respect to the third involvement of an law penalizing
accessory, do not overlook the purpose “Obstruction of
which must be to prevent discovery of the
Specifies the There is no
crimes that should be specification of the
committed in case a crime to be
Ø The corpus delicti is not the body of the
civilian aids in the committed by the
person who is killed. escape offender in order that
criminal liability be
o Even if the corpse is not incurred
recovered, as long as that killing is The offender is The offender need
established beyond reasonable doubt, the principal or must not even be the
criminal liability will arise. be convicted of the principal or need not
o If there is someone who destroys crime charged be convicted of the
crime charged
the corpus delicti to prevent
The one who An offender of any
discovery, he becomes an accessory. harbored or concealed crime is no longer an

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an offender is still an accessory but is ◦ then the supposed accomplice and

accessory simply an offender accessory should also be acquitted.
without regard to the
crime of the person • If there is no crime, then there is no
assisted to escape criminal liability, whether principal,
accomplice, or accessory.
In the preceding illustration, the aunt is not
criminally liable under the Revised Penal Code
1) Taer v. CA (1990),
because the crime is kidnapping, but under PD
Facts: Accused received from his co-accused two
stolen male carabaos. Conspiracy was not
proven. Taer was held liable as an accessory in
the crime of cattle-rustling under PD 533.
• Taer should have been liable for violation
PRINCIPAL IS FOUND GUILTY of the Anti-Fencing Law since castle-
rustling is a form of theft or robbery of
Ø There is an earlier Supreme Court ruling that large cattle, except that he was not
the accessory and accomplice must be charged with fencing.
charged together with the principal
2) Enrile v. Amin 189 SCRA 573 (1990),
• if the latter is acquitted, the accomplice A person charged with rebellion should not be
and accessory shall also not be criminally separately charged under PD 1829. The theory of
absorption must not confine itself to common
liable, unless the acquittal is based on a
crimes but also to offenses punished under
defense which is personal only to the special laws which are perpetrated in furtherance
principal. of the political offense.

• This is not true in all cases.

◦ It is not always true that the

accomplice and accessory cannot be
criminally liable without the principal
being first convicted.

Ø Under Rule 110 of the Revised Rules on

Criminal Procedure, it is required that

• all those involved in the commission of

the crime

• must be included in the information that

may be filed.

Ø The liability of the accused will depend on

the quantum of evidence adduced by the
prosecution against the particular accused.

• But the prosecution must initiate the

proceedings against the principal.

Ø Even if the principal is convicted,

• if the evidence presented against a

supposed accomplice or accessory

• does not meet the required proof beyond

reasonable doubt,

• then said accused will be acquitted.

Ø So the criminal liability of an accomplice or

accessory does not depend on the
criminal liability of the principal but
depends on the quantum of evidence.

Ø But if the evidence shows that

• the act done does not constitute a crime


• the principal is acquitted,

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VI. PENALTIES Art. 21. Penalties that may be imposed. —

No felony shall be punishable by any penalty not
Penalty is the suffering that is inflicted by prescribed by law prior to its commission.
the State for the transgression of a law.
Ø This article prohibits the Government from
Different Juridical Conditions of Penalty: punishing any person for any felony with any
penalty which has not been prescribed by the
without affecting the integrity of the human Ø It has no application to any of the provisions
personality. of the RPC for the reason that for every
2. Must be COMMENSURATE with the offense – felony defined in the Code, a penalty has
different crimes must be punished with been prescribed.
different penalties. Ø REASON: An act or omission cannot be
3. Must be PERSONAL – no one should be punished by the State if at the time it was
punished for the crime of another. committed there was no law prohibiting it,
4. Must be LEGAL – it is the consequence of a because a law cannot be rationally obeyed
judgment according to law. unless it is first shown, and a man cannot be
5. Must be CERTAIN – no one may escape its expected to obey an order that has not been
effects. given.
6. Must be EQUAL for all.
Theories justifying penalty: PROHIBITIONS

1. PREVENTION – to suppress danger to the

Section 18. (1) No person shall be
2. SELF-DEFENSE – to protect the society from
detained solely by reason of his political beliefs
the threat and wrong inflicted by the
and aspirations.
(2) No involuntary servitude in any form shall
3. REFORMATION – to correct and reform the
exist except as a punishment for a crime whereof
the party shall have been duly convicted.
4. EXEMPLARITY – to serve as an example to
Section 19. (1) Excessive fines shall not
deter others from committing crimes.
be imposed, nor cruel, degrading or inhuman
5. JUSTICE – for retributive justice, a
punishment inflicted. Neither shall death penalty
vindication of absolute right and moral law
be imposed, unless, for compelling reasons
violated by the criminal.
involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already
Purpose of penalty under the RPC:
imposed shall be reduced to reclusion perpetua.
1. RETRIBUTION OR EXPIATION – the penalty is
Section 20. No person shall be
commensurate with the gravity of the
imprisoned for debt or non-payment of a poll tax.
Section 22. No ex post facto law or bill
of attainder shall be enacted.
by the rules which regulate the execution of
the penalties consisting in deprivation of
3. SOCIAL DEFENSE – shown by its inflexible
severity to recidivist and habitual II. B. PENALTIES WHICH MAY BE IMPOSED
Art. 25. Penalties which may be imposed.
This Section discusses the following:
The penalties which may be imposed according to
this Code, and their different classes, are those
included in the following:

Ø Capital punishment:

Ø Afflictive penalties:
• Reclusion perpetua,
• Reclusion temporal,
• Perpetual or temporary absolute
• Perpetual or temporary special
• Prision mayor.
Ø Correctional penalties:
I. A. GENERAL PRINCIPLES • Prision correccional,
• Arresto mayor,

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• Suspension, NOTE:
• Destierro. Ø Public censure is a penalty,
• thus, it is not proper in acquittal.
Ø Light penalties: • However, the Court in acquitting the
• Arresto menor, accused may criticize his acts or conduct.
• Public censure.
Ø Penalties that are either principal or
Ø Penalties common to the three accessory:
preceding • Perpetual or temporary absolute
classes: disqualification,
• Fine, and • perpetual or temporary special
• Bond to keep the peace. disqualification, and
• suspension
◦ may be principal or accessory
B. SCALE OF ACCESSORY PENALTIES penalties, because they formed in
the 2 general classes.
Ø Perpetual or temporary absolute
Ø Perpetual or temporary special
Ø Suspension from public office, the right
to vote and be voted for, the profession III. C. SPECIFIC PRINCIPAL AND
Ø Civil interdiction,
Ø Indemnification,
Ø Forfeiture or confiscation of instruments A. CAPITAL PUNISHMENT
and proceeds of the offense,
Ø Payment of costs. 1. Death penalty

Ø RA 9346 or “An Act Prohibiting the

C. MaJOR CLASSIFICATION Imposition of Death Penalty in the
PRINCIPAL PENALTIES – those expressly • expressly repealed RA 8177 or “Act
imposed by the court in the judgment of Designating Death by Lethal Injection”
conviction. and RA 7659 or “Death Penalty Law”.
ACCESSORY PENALTIES – those that are
deemed included in the imposition of the principal Ø RA 9346 repealed all the other laws imposing
penalties. death penalty.
• Section 2 states that: “In lieu of the
death penalty, the following shall be
D. Other classifications of penalties: imposed:

Ø According to their divisibility: a. the penalty of reclusion perpetua,

• Divisible when the law violated makes use of
◦ those that have fixed duration and the nomenclature of the penalties of
are the Revised Penal Code; or
◦ divisible into three periods. b. the penalty of life imprisonment,
• Indivisible when the law violated does not make
◦ those which have no fixed duration. use of the nomenclature of the
§ Death penalties of the Revised Penal Code.”
§ Reclusion perpetua
absolute or special
disqualification Art. 27. Reclusion perpetua. — Any person
§ Public censure sentenced to any of the perpetual penalties shall
be pardoned after undergoing the penalty for
Ø According to subject-matter thirty years, unless such person by reason of his
• Corporal conduct or some other serious cause shall be
◦ (death) considered by the Chief Executive as unworthy of
• Deprivation of freedom pardon.
◦ (reclusion, prision, arresto) Reclusion temporal. — The penalty of reclusion
• Restriction of freedom temporal shall be from twelve years and one day
◦ (destierro) to twenty years.
• Deprivation of rights Prision mayor and temporary disqualification. —
◦ (disqualification and suspension) The duration of the penalties of prision mayor
• Pecuniary and temporary disqualification shall be from six
◦ (fine) years and one day to twelve years, except when
the penalty of disqualification is imposed as an
Ø According to their gravity accessory penalty, in which case its duration shall
• Capital be that of the principal penalty.
• Afflictive
• Correctional
• Light

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The following table also contains DISQUALIFICATION as an afflictive penalty, because its
different forms can also be imposed as a principal although it is primarily categorized as an
accessory penalty.

Penalty Duration Effects Accessories

Death Indivisible
Death, when not Ø PAD
executed due to pardon Ø Civil
or commutation interdiction 30
(REPEALED) yrs from
20 years & 1 day
Ø Civil
Reclusion perpetua to 40 years
interdiction for
Ø Deprivation of public office,
even if by election
Ø Deprivation of right to vote &
Perpetual absolute
For life be voted for
disqualification (PAD)
Ø Disqualification from public
office held
Ø Loss of retirement rights
Ø Deprivation of office,
employment, profession, or
Perpetual special
For life calling affected
disqualification (PSD)
Ø Disqualification from similar
offices or employments
Ø Civil
12 years & 1 day
Reclusion temporal interdiction for
to 20 years
duration of
6 years & 1 day
Prision mayor Ø PSD of
to 12 years
Ø Deprivation of public office,
even if by election
Temporary absolute Ø Deprivation of right to vote &
6 years & 1 day
disqualification be voted for during sentence
to 12 years
(TAD) Ø Disqualification from public
office held during sentence
Ø Loss of retirement rights
Ø Deprivation of office,
Temporary special 1) RECLUSION
employment, PERPETUA
profession, or
6 years & 1 day
disqualification calling affected
to 12 years
(TSD) Ø Disqualification from similar
offices or employments

Ø Duration: 20 years and 1 day to 40 years

Art. 41. Reclusion perpetua and reclusion
temporal; Their accessory penalties. — The Ø Accessory Penalties:
penalties of reclusion perpetua and reclusion a. Civil interdiction for life or during the
temporal shall carry with them that of civil period of the sentence as the case may
interdiction for life or during the period of the be.
sentence as the case may be, and that of b. Perpetual Absolute Disqualification which
perpetual absolute disqualification which the the offender shall suffer even though
offender shall suffer even though pardoned as to pardoned as to the principal penalty,
the principal penalty, unless the same shall have unless the same shall have been
been expressly remitted in the pardon. expressly remitted in the pardon.

Art. 42. Prision mayor; Its accessory 1) People v. Gatward (1997)

penalties. — The penalty of prision mayor, shall Facts: The accused was convicted of violating the
carry with it that of temporary absolute Dangerous Drugs Act for unlawfully importing
disqualification and that of perpetual special into the Philippines heroin. The trial court
disqualification from the right of suffrage which sentenced the accused to suffer the penalty of
the offender shall suffer although pardoned as to imprisonment for 35 years of reclusion perpetua
the principal penalty, unless the same shall have there being no aggravating or mitigating
been expressly remitted in the pardon. circumstance shown to have attended in the
commission of the crime.

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Held: As amended by RA 7659, the penalty of a. Civil interdiction for life or during the
reclusion perpetua is now accorded a defined period of the sentence as the case may
duration ranging from 20 years and 1 day to 40 be.
years. The Court held that in spite of the b. Perpetual Absolute Disqualification which
amendment putting the duration of RP, it should the offender shall suffer even though
remain as an indivisible penalty since there was pardoned as to the principal penalty,
never intent on the part of Congress to reclassify unless the same shall have been
it into a divisible penalty. The maximum duration expressly remitted in the pardon.
of reclusion perpetua is not and has never been
30 years which is merely the number of ears 3) PRISION MAYOR
which the convict must serve in order to be
eligible for pardon or for the application of the 3- Ø Duration: 6 years and 1 day to 12 years
fold rule.
Ø Accessory Penalties:
2) People v. Ramirez (2001) a. Temporary Absolute Disqualification
The SC disagrees with the trial court in b. Perpetual Special Disqualification from
sentencing appellant "to suffer imprisonment of the right to suffrage which the offender
forty (40) years reclusion perpetua." There was shall suffer although pardoned as to the
no justification or need for the trial court to principal penalty unless the same shall
specify the length of imprisonment, because have been expressly remitted in the
reclusion perpetua is an indivisible penalty. The pardon.
significance of this fundamental principle was laid
down by the Court in People v. Diquit. "Since
reclusion perpetua is an indivisible penalty, it has
no minimum, medium or maximum periods. It is B. C. CORRECCIONAL PENALTIES
imposed in its entirety regardless of any
mitigating or aggravating circumstances that may
have attended the commission of the crime. (Art. Art. 27 (4). Prision correccional, suspension,
63, Revised Penal Code) Reclusion Perpetua is and destierro.
imprisonment for life but the person sentenced to
suffer it shall be pardoned after undergoing the The duration of the penalties of prision
penalty for thirty (30) years, unless by reason of correccional, suspension and destierro shall be
his conduct or some other serious cause, he shall from six months and one day to six years, except
be considered by the Chief Executive as unworthy when suspension is imposed as an accessory
of pardon (Art. 27, Revised Penal Code)." penalty, in which case, its duration shall be that
of the principal penalty.
Ø Distinguished from Life Imprisonment
Arresto mayor. — The duration of the penalty of
3) People v. Ballabare (1996) arresto mayor shall be from one month and one
The trial court erred in imposing the penalty of day to six months.
life imprisonment for violation of PD 1866. The
crime of illegal possession of firearm in its
aggravated form is punished by the penalty of
death. Since the offense was committed on Sep.
16, 1990, at a time when the imposition of the
death penalty was prohibited, the penalty next
lower in degree which is reclusion perpetua
should be imposed. This is not equivalent to
life imprisonment. While life imprisonment may
appear to be the English translation of reclusion
perpetua, in reality, it goes deeper than that.

Imposed for serious Prescribed under the
offenses penalized by RPC
special laws
Does not carry with it Carries with it
accessory penalties accessory penalties
Does not appear to Entails imprisonment
have any definite for at least 30 years
extent or duration after which the
convict becomes
eligible for pardon
although the
maximum period shall
in no case exceed 40


Ø Duration: 12 years and 1 day to 20 years

Ø Accessory Penalties:

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Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine
mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each eight pesos, subject to the following rules:

1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain
under confinement until his fine referred to in the preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case
shall it continue for more than one year, and no fraction or part of a day shall be counted against
the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed
six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not
exceed fifteen days, if for a light felony.
3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall
be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but
such penalty is of fixed duration, the convict, during the period of time established in the preceding
rules, shall continue to suffer the same deprivations as those of which the principal penalty
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency
shall not relieve him, from the fine in case his financial circumstances should improve. (As
amended by RA 5465, April 21, 1969).

Art. 43. Prision correccional; Its accessory penalties. — The penalty of prision correccional
shall carry with it that of suspension from public office, from the right to follow a profession or
calling, and that of perpetual special disqualification from the right of suffrage, if the duration of
said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification
provided in the article although pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon.

Penalty Duration Effects Accessories

Ø Suspension from public
6 months & 1 day Ø Suspension from
Prision correccional
to 6 years profession or calling PSD
of suffrage, if penalty
exceeds 18 mos.
Ø Public office
6 months & 1 day
Suspension Ø Profession or calling
to 6 years
Ø Suffrage
Ø Prohibition to enter
6 months & 1 day w/in 25-250 km
to 6 years radius from the
designated place
Ø Suspension of right to
1 month & 1 day hold office and
Arresto mayor
to 6 months Ø right of suffrage


Ø Duration: 6 months and 1 day to 6 Ø Duration: 1 month and 1 day to 6

years months
Ø Accessory Penalties: Ø Accessory Penalties:
a. Suspension from public office a. Suspension of right to hold office
b. Suspension from the right to follow a b. Suspension of the right of suffrage
profession or calling during the term of the sentence.
c. Perpetual Special Disqualification fro
the right of suffrage, if the duration
of the imprisonment shall exceed 18

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Art. 27 (6). Arresto menor. — The duration of • is left to the sound discretion of the
the penalty of arresto menor shall be from one court,
day to thirty days. • provided it shall not exceed the
maximum authorized by law.
Art. 39. Subsidiary penalty. SUPRA
Ø Fines are not divided into 3 equal
Art. 44. Arresto; Its accessory penalties. — The
penalty of arresto shall carry with it that of
suspension of the right too hold office and the 2) BOND TO KEEP THE PEACE
right of suffrage during the term of the sentence.
Art. 35. Effects of bond to keep the peace. —
1) ARRESTO MENOR It shall be the duty of any person sentenced to
give bond to keep the peace, to present two
Ø Duration: 1 day to 30 days sufficient sureties who shall undertake that such
person will not commit the offense sought to be
Ø Accessory Penalties: prevented, and that in case such offense be
a. Suspension of right to hold office committed they will pay the amount determined
b. Suspension of the right of suffrage during by the court in the judgment, or otherwise to
the term of the sentence. deposit such amount in the office of the clerk of
the court to guarantee said undertaking.
2) PUBLIC CENSURE The court shall determine, according to its
discretion, the period of duration of the bond.
Ø Censure, being a penalty is not proper in Should the person sentenced fail to give the bond
acquittal. as required he shall be detained for a period
which shall in no case exceed six months, is he
shall have been prosecuted for a grave or less
grave felony, and shall not exceed thirty days, if

1) The offender must present
• 2 sufficient sureties who shall undertake
Art. 26. When afflictive, correctional, or that
light penalty. — ◦ the offender will not commit the
A fine, whether imposed as a single of as an offense sought to be prevented,
alternative penalty, shall be considered an ◦ and that in case such offense be
afflictive penalty, if it exceeds 6,000 pesos; a committed
correctional penalty, if it does not exceed 6,000 § they will pay the amount
pesos but is not less than 200 pesos; and a light determined by the court;
penalty if it less than 200 pesos.
2) The offender must
Ø This article merely classifies fine and has • deposit such amount with the clerk of
nothing to do with the definition of light court to guarantee said undertaking;
Ø The court shall determine the period of
Ø Fine is: duration of the bond.
1. Afflictive – over P6,000 Ø The offender may be detained, if he
2. Correctional – P200 to P6,000 cannot give the bond,
3. Light Penalty – less than P200 • for a period not to exceed 6 months if
prosecuted for grave or less grave felony,
Art. 66. Imposition of fines. — In imposing or
fines the courts may fix any amount within the • for a period not to exceed 30 days, if for
limits established by law; in fixing the amount in a light felony.
each case attention shall be given, not only to Ø Bond to keep the peace is different from
the mitigating and aggravating circumstances, bail bond which is posted for the provisional
but more particularly to the wealth or means of release of a person arrested for or accused of
the culprit. a crime.

Ø The court can fix any amount of the fine

within the limits established by law.

Ø The court must consider:

• The mitigating and aggravating
circumstances; and
• More particularly, the wealth or means of
the culprit.

Ø When the law does not fix the minimum

of the fine,
• the determination of the amount of the
fine to be imposed upon the culprit

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Penalty Duration Effects Accessories

Suspension of right to
Arresto menor 1 day to 30 days hold office and right
of suffrage
Public censure
Penalty (Common to All
Three Types)


a. Deprivation of any public office or

1) Perpetual or temporary absolute
employment f offender
b. Deprivation of the right to vote in
2) Perpetual or temporary special
any election or to be voted upon
c. Loss of rights to retirement pay or
3) Suspension from public office, the right
to vote and be voted for, the profession
or calling.
Ø All these effects
• last during the lifetime of the convict and
4) Civil interdiction,
• even after the service of the sentence
Ø except as regards paragraphs 2 and 3 of the
5) Indemnification/ Forfeiture or
above in connection with temporary absolute
confiscation of instruments and
proceeds of the offense,
Art. 32. Effect of the penalties of perpetual
6) Payment of costs.
or temporary special disqualification for the
exercise of the right of suffrage. — The
perpetual or temporary special disqualification for
the exercise of the right of suffrage shall deprive
1) PERPETUAL OR TEMPORARY the offender perpetually or during the term of the
ABSOLUTE DISQUALIFICATION sentence, according to the nature of said penalty,
of the right to vote in any popular election for
Art. 30. Effects of the penalties of perpetual any public office or to be elected to such office.
or temporary absolute disqualification. — Moreover, the offender shall not be permitted to
The penalties of perpetual or temporary absolute hold any public office during the period of his
disqualification for public office shall produce the disqualification.
following effects:
Art. 33. Effects of the penalties of
1. The deprivation of the public offices and
suspension from any public office,
employments which the offender may have held
profession or calling, or the right of
even if conferred by popular election.
suffrage. — The suspension from public office,
2. The deprivation of the right to vote in any
profession or calling, and the exercise of the right
election for any popular office or to be elected to
of suffrage shall disqualify the offender from
such office.
holding such office or exercising such profession
3. The disqualification for the offices or public
or calling or right of suffrage during the term of
employments and for the exercise of any of the
the sentence.
rights mentioned.
The person suspended from holding public office
In case of temporary disqualification,
shall not hold another having similar functions
during the period of his suspension.
disqualification as is comprised in
paragraphs 2 and 3 of this article shall
last Art. 34. Civil interdiction. — Civil interdiction
during the term of the sentence. shall deprive the offender during the time of his
4. The loss of all rights to retirement pay or other sentence of the rights of parental authority, or
pension for any office formerly held. guardianship, either as to the person or property
of any ward, of marital authority, of the right to
manage his property and of the right to dispose
of such property by any act or any conveyance
inter vivos.

Art. 45. Confiscation and forfeiture of the

proceeds or instruments of the crime. —
Every penalty imposed for the commission of a
felony shall carry with it the forfeiture of the

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proceeds of the crime and the instruments or 4) Right to manage property and to dispose
tools with which it was committed. of the same by acts inter vivos
Such proceeds and instruments or tools shall be
confiscated and forfeited in favor of the ∗ Civil interdiction is an accessory penalty to the
Government, unless they be property of a third following principal penalties:
person not liable for the offense, but those a) Death if commuted to life imprisonment;
articles which are not subject of lawful commerce b) Reclusion perpetua
shall be destroyed. c) Reclusion temporal

∗ This is included in every penalty for the
Art. 31. Effect of the penalties of perpetual commission of the crime.
or temporary special disqualification. ∗ The confiscation is in favor of the government.
The penalties of perpetual or temporal special ∗ Property of a third person not liable for the
disqualification for public office, profession or offense is not subject to confiscation.
calling shall produce the following effects: ∗ If the trial court did not order any confiscation
of the procees of the crime, the government
1. The deprivation of the office, employment, cannot appeal from the confiscation as that would
profession or calling affected; increase the penalty already imposed.
2. The disqualification for holding similar offices
or employments either perpetually or during the PAYMENT OF COSTS
term of the sentence according to the extent of Includes:
such disqualification. a. Fees, and
b. Indemnities, in the course of judicial
Effects: proceedings.

For public office, profession or calling: ∗ Costs may be fixed amounts already
determined by law or regulations or amounts
subject to a schedule.
a. Deprivation of the office, employment,
∗ If the accused is convicted; costs may be
profession or calling affected;
charged against him. If he is acquitted, costs are
de officio, meaning each party bears his own
b. Disqualification for holding similar
offices or employments during the
period of disqualification;
For the exercise of right to suffrage:
RPC, Art. 24. Measures of prevention
or safety which are nor considered
a. Deprivation of the right to vote or to be penalties. — The following shall not be
elected in an office; considered as penalties:
1. The arrest and temporary detention of
b. Cannot hold any public office during accused persons, as well as their detention by
the period of disqualification 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 Article 80 and for
∗ The penalty for disqualification if imposed as the purposes specified therein.
an accessory penalty is imposed for PROTECTION 3. Suspension from the employment of
and NOT for the withholding of a privilege. public office during the trial or in order to
∗ Temporary disqualification or suspension if institute proceedings.
imposed as an accessory penalty, the duration is 4. Fines and other corrective measures
the same as that of the principal penalty. which, in the exercise of their administrative
disciplinary powers, superior officials may impose
SUSPENSION FROM PUBLIC OFFICE, THE upon their subordinates.
RIGHT TO VOTE AND BE VOTED FOR, THE 5. Deprivation of rights and the
RIGHT TO PRACTICE A PROFESSION OR reparations which the civil laws may establish in
CALLING penal form.

Effects: ♠ They are not penalties because they are not

a. Disqualification from holding such office imposed as a result of judicial proceedings. Those
or the exercise of such profession or right mentioned in par. 3 and 4 are merely preventive
of suffrage during the term of the measures before conviction of offenders.
sentence; ♠ The commitment of a minor mentioned in par.
b. Cannot hold another office having similar 2 is not a penalty because it is not imposed by
functions during the period of suspension. the court in a judgment of conviction. The
imposition of the sentence in such case is
Effects: ♠ The succeeding provisions are some examples
Deprivation of the following rights: of deprivation of rights established in penal form:
1) Parental authority
2) Guardianship over the ward
3) Marital authority

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Family Code, Art. 228. Parental ♠ If the offender is undergoing preventive

authority terminates permanently: imprisonment, Rule No. 3 applies but the
(1) Upon the death of the parents; offender is entitled to a deduction of full time or
(2) Upon the death of the child; or 4/5 of the time of his detention.
(3) Upon emancipation of the child.
(327a) Art. 29. Period of preventive
imprisonment deducted from term of
Family Code, Art. 229. Unless imprisonment. — Offenders who have
subsequently revived by a final judgment, undergone preventive imprisonment shall be
parental authority also terminates: credited in the service of their sentence
(1) Upon adoption of the child; consisting of deprivation of liberty, with the full
(2) Upon appointment of a general time during which they have undergone
guardian; preventive imprisonment, if the detention
(3) Upon judicial declaration of prisoner agrees voluntarily in writing to abide by
abandonment of the child in a case filed for the the same disciplinary rules imposed upon
purpose; convicted prisoners, except in the following
(4) Upon final judgment of a competent cases:
court divesting the party concerned of parental 1. When they are recidivists or have been
authority; or convicted previously twice or more times of any
(5) Upon judicial declaration of absence crime; and
or incapacity of the person exercising parental 2. When upon being summoned for the
authority. (327a) execution of their sentence they have failed to
surrender voluntarily.
F. APPLICATION AND COMPUTATION OF If the detention prisoner does not agree
PENALTIES to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited in
the service of his sentence with four-fifths of the
Art. 28. Computation of penalties. —
time during which he has undergone preventive
If the offender shall be in prison, the term of the
imprisonment. (As amended by Republic Act
duration of the temporary penalties shall be
6127, June 17, 1970).
computed from the day on which the judgment of
Whenever an accused has undergone
conviction shall have become final.
preventive imprisonment for a period equal to or
If the offender be not in prison, the term
more than the possible maximum imprisonment
of the duration of the penalty consisting of
of the offense charged to which he may be
deprivation of liberty shall be computed from the
sentenced and his case is not yet terminated, he
day that the offender is placed at the disposal of
shall be released immediately without prejudice
the judicial authorities for the enforcement of the
to the continuation of the trial thereof or the
penalty. The duration of the other penalties shall
proceeding on appeal, if the same is under
be computed only from the day on which the
review. In case the maximum penalty to which
defendant commences to serve his sentence.
the accused may be sentenced is destierro, he
shall be released after thirty (30) days of
Rules for the computation of penalties: preventive imprisonment. (As amended by E.O.
1. WHEN THE OFFENDER IS IN PRISON – the No. 214, July 10, 1988).
duration of temporary penalties is from the
day on which the judgment of conviction
♠ The accused undergoes preventive
becomes final.
imprisonment when the offense charged is
nonbailable, or even if bailable, he cannot furnish
the duration of penalty consisting in
the required bail.
deprivation of liberty, is from the day that the
♠ The convict is to be released immediately if the
offender is placed at the disposal of judicial
penalty imposed after trial is less than the full
authorities for the enforcement of the
time or four-fifths of the time of the preventive
♠ The accused shall be released immediately
duration is from the day on which the
whenever he has undergone preventive
offender commences to serve his sentence
imprisonment for a period equal to or more than
the possible maximum imprisonment for the
Examples of temporary penalties:
offense charged.
1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension Art. 46. Penalty to be imposed upon
principals in general. — The penalty prescribed
♠ If offender is under detention, as when he is by law for the commission of a felony shall be
undergoing preventive imprisonment, Rule No. 1 imposed upon the principals in the commission of
applies. such felony.
♠ If not under detention, because the offender Whenever the law prescribes a penalty
has been released on bail, Rule No. 3 applies. for a felony is general terms, it shall be
understood as applicable to the consummated
Examples of penalties consisting in felony.
deprivation of liberty:
1. Imprisonment GENERAL RULE:
2. Destierro The penalty prescribed by law in general terms
shall be imposed:
♠ When the offender is not in prison, Rule No. 2 a. Upon the principals
applies. b. For consummated felony

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EXCEPTION: Art. 53. Penalty to be imposed upon

The exception is when the penalty to be accessories to the commission of a
imposed upon the principal in frustrated or consummated felony. — The penalty lower by
attempted felony is fixed by law. two degrees than that prescribed by law for the
consummated felony shall be imposed upon the
♠ Whenever it is believed that the penalty lower accessories to the commission of a consummated
by one or two degrees corresponding to said acts felony.
of execution is not in proportion to the wrong
done, the law fixes a distinct penalty for the Art. 54. Penalty to imposed upon
principal in frustrated or attempted felony. accomplices in a frustrated crime. — The
♠ The graduation of penalties by degrees refers
penalty next lower in degree than prescribed by
to STAGES OF EXECUTION (consummated, law for the frustrated felony shall be imposed
frustrated or attempted) and to the DEGREE OF upon the accomplices in the commission of a
OFFENDER (whether as principal, accomplice or
♠ The division of a divisible penalty into three Art. 55. Penalty to be imposed upon
periods, as maximum, medium and minimum, accessories of a frustrated crime. — The
refers to the proper period of the penalty which penalty lower by two degrees than that
should be imposed when aggravating or prescribed by law for the frustrated felony shall
mitigating circumstances attend the commission be imposed upon the accessories to the
of the crime. commission of a frustrated felony.

People v. Formigones (1950) Art. 56. Penalty to be imposed upon

Facts: The accused without a previous accomplices in an attempted crime. — The
quarrel or provocation took his bolo and stabbed penalty next lower in degree than that prescribed
his wife in the back resulting to the latter’s death. by law for an attempt to commit a felony shall be
The accused was sentenced to the penalty of imposed upon the accomplices in an attempt to
reclusion perpetua. commit the felony.
Held: The penalty applicable for parricide
under Art. 246 of the RPC is composed only of 2 Art. 57. Penalty to be imposed upon
indivisible penalties, reclusion perpetua to death. accessories of an attempted crime. — The
Although the commission of the act is attended penalty lower by two degrees than that
by some mitigating circumstance without any prescribed by law for the attempted felony shall
aggravating circumstance to offset them, Art. 63 be imposed upon the accessories to the attempt
of the RPC should be applied. The said article to commit a felony.
provides that when the commission of the act is
attended by some mitigating circumstance and CONSU FRUSTRA ATTEMPT
there is no aggravating circumstance, the lesser MMATE TED ED
penalty shall be applied. D
PRINCI 0 1 2
ACCESS 2 3 4
Art. 46. Penalty to be imposed upon ORIES
principals in general. — The penalty prescribed
by law for the commission of a felony shall be DIAGRAM OF THE APPLICATION OF ARTS.
imposed upon the principals in the commission of 50-57:
such felony.
Whenever the law prescribes a penalty for a “0” represents the penalty prescribed by law in
felony is general terms, it shall be understood as defining a crime, which is to be imposed n the
applicable to the consummated felony. PRINCIPAL in a CONSUMMATED OFFENSE, in
accordance with the provisions of Art. 46. The
Art. 50. Penalty to be imposed upon other figures represent the degrees to which the
principals of a frustrated crime. — The penalty must be lowered, to meet the different
penalty next lower in degree than that prescribed situation anticipated by law.
by law for the consummated felony shall be
imposed upon the principal in a frustrated felony. EXCEPTIONS: Arts. 50 to 57 shall not apply to
Art. 51. Penalty to be imposed upon principals of cases where the law expressly prescribes the
attempted crimes. — A penalty lower by two penalty for frustrated or attempted felony, or to
degrees than that prescribed by law for the be imposed upon accomplices or accessories.
consummated felony shall be imposed upon the
principals in an attempt to commit a felony. BASES FOR THE DETERMINATION OF THE
1. The stage reached by the crime in its
Art. 52. Penalty to be imposed upon development (either attempted,
accomplices in consummated crime. — The frustrated or consummated)
penalty next lower in degree than that prescribed 2. The participation therein of the person
by law for the consummated shall be imposed liable.
upon the accomplices in the commission of a 3. The aggravating or mitigating
consummated felony. circumstances which attended the
commission of the crime.

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♠ A DEGREE is one entire penalty, one whole lower in degrees shall be that immediately
penalty or one unit of the penalties enumerated following that indivisible penalty in the respective
in the graduated scales provided for in Art. 71. graduated scale prescribed in Article 71 of this
Each of the penalties of reclusion perpetua, Code.
reclusion temporal, prision mayor, etc., 2. When the penalty prescribed for the
enumerated in the graduated scales of Art. 71 is crime is composed of two indivisible penalties, or
a degree. of one or more divisible penalties to be impose to
♠ When there is a mitigating or aggravating their full extent, the penalty next lower in degree
circumstance, the penalty is lowered or increased shall be that immediately following the lesser of
by PERIOD only, except when the penalty is the penalties prescribed in the respective
divisible and there are two or more mitigating graduated scale.
and without aggravating circumstances, in which 3. When the penalty prescribed for the
case the penalty is lowered by degree. crime is composed of one or two indivisible
♠ A PERIOD is one of the three equal penalties and the maximum period of another
portions called the minimum, medium and divisible penalty, the penalty next lower in
maximum of a divisible penalty. degree shall be composed of the medium and
minimum periods of the proper divisible penalty
Art. 60. Exception to the rules and the maximum periods of the proper divisible
established in Articles 50 to 57. — The penalty and the maximum period of that
provisions contained in Articles 50 to 57, immediately following in said respective
inclusive, of this Code shall not be applicable to graduated scale.
cases in which the law expressly prescribes the 4. when the penalty prescribed for the
penalty provided for a frustrated or attempted crime is composed of several periods,
felony, or to be imposed upon accomplices or corresponding to different divisible penalties, the
accessories. penalty next lower in degree shall be composed
of the period immediately following the minimum
♠ Arts. 50 to 57 shall not apply to cases where prescribed and of the two next following, which
the law expressly prescribes the penalty for shall be taken from the penalty prescribed, if
frustrated or attempted felony, or to be imposed possible; otherwise from the penalty immediately
upon accomplices or accessories. following in the above mentioned respective
GENERAL RULE: An accomplice is punished by a graduated scale.
penalty one degree lower than the penalty 5. When the law prescribes a penalty for
imposed upon the principal. a crime in some manner not especially provided
EXCEPTIONS: for in the four preceding rules, the courts,
a. The ascendants, guardians, curators, proceeding by analogy, shall impose
teachers and any person who by abuse of corresponding penalties upon those guilty as
authority or confidential relationship, shall principals of the frustrated felony, or of attempt
cooperate as accomplices in the crimes of to commit the same, and upon accomplices and
rape, acts of lasciviousness, seduction, accessories.
corruption of minors, white slate trade or
abduction. (Art. 346) ♠ This article provides for the rules to be
b. One who furnished the place for the observed in lowering the penalty by one or two
perpetration of the crime of slight illegal degrees.
detention. (Art. 268) a. For the principal in frustrated felony – one
degree lower;
GENERAL RULE: An accessory is punished by a b. For the principal in attempted felony – two
penalty two degrees lower than the penalty degrees lower;
imposed upon the principal. c. For the accomplice in consummated felony
EXCEPTION: When accessory is punished as – one degree lower; and
principal – knowingly concealing certain evil d. For the accessory in consummated felony –
practices is ordinarily an act of the accessory, but two degrees lower.
in Art. 142, such act is punished as the act of the ♠ The rules provided for in Art. 61 should also
principal. apply in determining the MINIMUM of the
When accessories are punished with a indeterminate penalty under the Indeterminate
penalty one degree lower: Sentence Law. The MINIMUM of the
a. Knowingly using counterfeited seal or indeterminate penalty is within the range of the
forged signature or stamp of the penalty next lower than that prescribed by the
President (Art. 162). RPC for the offense.
b. Illegal possession and use of a false ♠ Those rules also apply in lowering the penalty
treasury or bank note (Art. 168). by one or two degrees by reason of the presence
c. Using falsified document (Art. 173 par.3 ) of privileged mitigating circumstance (Arts. 68
d. Using falsified dispatch (Art. 173 par. 2) and 69), or when the penalty is divisible and
there are two or more mitigating circumstances
Art. 61. Rules for graduating (generic) and no aggravating circumstance (Art.
penalties. — For the purpose of graduating the 64).
penalties which, according to the provisions of ♠ The lower penalty shall be taken from the
Articles 50 to 57, inclusive, of this Code, are to graduated scale in Art. 71.
be imposed upon persons guilty as principals of
any frustrated or attempted felony, or as The INDIVISIBLE PENALTIES are:
accomplices or accessories, the following rules a. death
shall be observed: b. reclusion perpetua
1. When the penalty prescribed for the c. public censure
felony is single and indivisible, the penalty next The DIVISIBLE PENALTIES are:
a. reclusion temporal

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b. prision mayor Reclusion Maximum

c. prision correccional temporal Medium
d. arresto mayor Minimum Penalty for the
e. destierro Prision Maximum principal in the
f. arresto menor Mayor Medium consummated felony
* the divisible penalties are divided into three Minimum Penalty for the
periods: MINIMUM, MEDIUM AND THE MAXIMUM Prision Maximum accomplice; or
Correccional Medium principal in frustrated
RULES: felony
When the penalty is single and indivisible. FIFTH RULE:
Ex. reclusion perpetua When the penalty has two periods
♠ The penalty immediately following it is Ex. Prision correccional in its MINIMUM
reclusion temporal. Thus, reclusion temporal is and MEDIUM periods
the penalty next lower in degree.
Prision Maximum
SECOND RULE: correccional Medium The penalty prescribed
When the penalty is composed of two indivisible
Minimum for the felony
Ex. reclusion perpetua to death
Arresto Medium The penalty next lower
♠ The penalty immediately
Mayor Minimum
following the lesser of the penalties,
which is reclusion perpetua, is reclusion
temporal. When the penalty has one period
When the penalty is composed of one or more - If the penalty is any one of the three
divisible penalties to be imposed to their full periods of a divisible penalty, the penalty next
extent lower in degree shall be that period next
Ex. prision correccional to prision mayor following the given penalty.
♠ The penalty immediately Ex. Prision Mayor in its MAXIMUM period
following the lesser of the penalties of ♠ The penalty immediately inferior is
prision correccional to prision mayor is prision mayor in its MEDIUM period.
arresto mayor.
THIRD RULE: The rules prescribed in pars. 4 and 5 of
When the penalty is composed of two indivisible Art. 61 may be simplified as follows:
penalties and the maximum period of a divisible 1. If the penalty prescribed by the Code consists
penalty in 3 periods, corresponding to different
Ex. reclusion temporal in its MAXIMUM divisible penalties, the penalty next lower in
period to death degree is the penalty consisting in the 3
periods down in the scale.
Death 2. If the penalty prescribed b the Code consists
Penalty for the in 2 periods, the penalty next lower in degree
principal in is the penalty consisting in 2 periods down in
consummated murder the scale.
3. If the penalty prescribed by the Code consists
in only 1 period, the penalty next lower in
degree is the next period down in the scale.
Reclusio Medium Penalty for
n Minimum accomplice; or for
Tempor principal in frustrated EFFECTS OF MITIGATING AND
Prision Medium Art. 62. Effect of the attendance of
Mayor Minimum mitigating or aggravating circumstances
and of habitual delinquency. — Mitigating or
When the penalty is composed of one indivisible aggravating circumstances and habitual
penalty and the maximum period of a divisible delinquency shall be taken into account for the
penalty purpose of diminishing or increasing the penalty
Ex. Reclusion temporal in its MAXIMUM in conformity with the following rules:
period to Reclusion perpetua 1. Aggravating circumstances which in
♠ The same rule shall be observed in themselves constitute a crime specially
lowering the penalty by one or two degrees. punishable by law or which are included by the
law in defining a crime and prescribing the
FOURTH RULE: penalty therefor shall not be taken into account
When the penalty is composed of several periods for the purpose of increasing the penalty.
- This rule contemplates a penalty 2. The same rule shall apply with respect to
composed of at least 3 periods. The several any aggravating circumstance inherent in the
periods must correspond to different divisible crime to such a degree that it must of necessity
penalties. accompany the commission thereof.
Ex. Prision Mayor in its MEDIUM period to 3. Aggravating or mitigating circumstances
Reclusion temporal in its MINIMUM which arise from the moral attributes of the
period. offender, or from his private relations with the
offended party, or from any other personal
cause, shall only serve to aggravate or mitigate

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the liability of the principals, accomplices and time of the act of execution or their
accessories as to whom such circumstances are cooperation therein
4. The circumstances which consist in the What are the legal effects of habitual
material execution of the act, or in the means delinquency?
employed to accomplish it, shall serve to 1) Third conviction
aggravate or mitigate the liability of those - the culprit is sentenced to the penalty
persons only who had knowledge of them at the for the crime committed and to the
time of the execution of the act or their additional penalty of prision correccional
cooperation therein. in its medium and maximum period.
5. Habitual delinquency shall have the 2) Fourth conviction
following effects: - the penalty is that provided by law for
(a) Upon a third conviction the culprit shall the last crime and the additional penalty
be sentenced to the penalty provided by law for of prision mayor in its minimum and
the last crime of which he be found guilty and to medium periods.
the additional penalty of prision correccional in its 3) Fifth or additional conviction
medium and maximum periods; - the penalty is that provided by law for
(b) Upon a fourth conviction, the culprit shall the last crime and the additional penalty
be sentenced to the penalty provided for the last of prision mayor in its maximum period
crime of which he be found guilty and to the to reclusion temporal in its minimum
additional penalty of prision mayor in its period.
minimum and medium periods; and
(c) Upon a fifth or additional conviction, the Note:
culprit shall be sentenced to the penalty provided • In no case shall the total of the 2 penalties
for the last crime of which he be found guilty and imposed upon the offender exceed 30
to the additional penalty of prision mayor in its years.
maximum period to reclusion temporal in its • The law does not apply to crimes described
minimum period. in Art. 155
Notwithstanding the provisions of this article, • The imposition of the additional penalty on
the total of the two penalties to be imposed upon habitual delinquents are CONSTITUTIONAL
the offender, in conformity herewith, shall in no because such law is neither an EX POST
case exceed 30 years. FACTO LAW nor an additional punishment
For the purpose of this article, a person shall for future crimes. It is simply a punishment
be deemed to be habitual delinquent, is within a on future crimes on account of the criminal
period of ten years from the date of his release propensities of the accused.
or last conviction of the crimes of serious or less • The imposition of such additional penalties
serious physical injuries, robo, hurto, estafa or is mandatory and is not discretionary.
falsification, he is found guilty of any of said • Habitual delinquency applies at any stage
crimes a third time or oftener. of the execution because subjectively, the
offender reveals the same degree of
What are the effects of the attendance of depravity or perversity as the one who
mitigating or aggravating circumstances? commits a consummated crime.
a. Aggravating circumstances which are not • It applies to all participants because it
considered for the purpose of increasing reveals persistence in them of the
the penalty: inclination to wrongdoing and of the
1. Those which in themselves constitute perversity of character that led them to
a crime especially punishable by law. commit the previous crime.
2. Those included by law in defining the
crime. Cases where attending aggravating or
3. Those inherent in the crime but of mitigating circumstances are not considered
necessity they accompany the in the imposition of penalties
commission thereof. - Penalty that is single and indivisible
b. Aggravating or mitigating circumstances - Felonies through negligence
that serve to aggravate or mitigate the - When the penalty is a fine
liability of the offender to whom such are - When the penalty is prescribed by a special
attendant. Those arising from: law.
1. Moral attributes of the offender
2. His private relations with the Art. 63. Rules for the application of
offended party indivisible penalties. — In all cases in which
3. Any other personal cause the law prescribes a single indivisible penalty, it
shall be applied by the courts regardless of any
c. Aggravating or mitigating circumstances mitigating or aggravating circumstances that may
that affect the offenders only who had have attended the commission of the deed.
knowledge of them at the time of the In all cases in which the law prescribes a
execution of the act or their cooperation penalty composed of two indivisible penalties, the
therein. Those which consist: following rules shall be observed in the
1. In the material execution of the act application thereof:
- will not affect all the offenders but 1. When in the commission of the deed there
only those to whom such act are is present only one aggravating circumstance,
attendant the greater penalty shall be applied.
2. Means to accomplish the crime 2. When there are neither mitigating nor
- will affect only those offenders who aggravating circumstances and there is no
have knowledge of the same at the aggravating circumstance, the lesser penalty
shall be applied.

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3. When the commission of the act is aggravating and mitigating circumstances and
attended by some mitigating circumstances and the greater and lesser extent of the evil produced
there is no aggravating circumstance, the lesser by the crime.
penalty shall be applied.
4. When both mitigating and aggravating Rules for the application of DIVISIBLE
circumstances attended the commission of the PENALTIES
act, the court shall reasonably allow them to
offset one another in consideration of their a. No aggravating and No mitigating
number and importance, for the purpose of - MEDIUM PERIOD
applying the penalty in accordance with the b. One mitigating
preceding rules, according to the result of such - MINIMUM PERIOD
compensation. c. One aggravating (any number cannot
exceed the penalty provided by law in its
Rules for the application of indivisible maximum period)
penalties: - MAXIMUM PERIOD
d. Mitigating and aggravating circumstances
1. Penalty is single and indivisible present
- The penalty shall be applied regardless - to offset each other according to
of the presence of mitigating or aggravating relative weight
circumstances. Ex. reclusion perpetua or e. 2 or more mitigating and no aggravating
death - one degree lower (has the effect of a
privileged mitigating circumstance)
2. Penalty is composed of 2 indivisible
penalties: NOTE: Art. 64 does not apply to:
a. One aggravating circumstance present - indivisible penalties
- HIGHER penalty - penalties prescribed by special laws
b. No mitigating circumstances present - fines
- LESSER penalty - crimes committed by negligence
c. Some mitigating circumstances present
and no aggravating Art. 67. Penalty to be imposed when not
- LESSER penalty all the requisites of exemption of the fourth
d. Mitigating and aggravating circumstance of Article 12 are present.—
circumstances offset each other When all the conditions required in circumstances
- Basis of penalty: number and Number 4 of Article 12 of this Code to exempt
importance. from criminal liability are not present, the penalty
of arresto mayor in its maximum period to prision
Art. 64. Rules for the application of correccional in its minimum period shall be
penalties which contain three periods. — In imposed upon the culprit if he shall have been
cases in which the penalties prescribed by law guilty of a grave felony, and arresto mayor in its
contain three periods, whether it be a single minimum and medium periods, if of a less grave
divisible penalty or composed of three different felony.
penalties, each one of which forms a period in
accordance with the provisions of Articles 76 and Penalty to be imposed if the requisites of
77, the court shall observe for the application of accident (Art. 12 par 4) are not all present:
the penalty the following rules, according to b. GRAVE FELONY
whether there are or are not mitigating or - arresto mayor maximum period to
aggravating circumstances: prision correccional minimum period
1. When there are neither aggravating nor c. LESS GRAVE FELONY
mitigating circumstances, they shall impose the - arresto mayor minimum period and
penalty prescribed by law in its medium period. medium period
2. When only a mitigating circumstances is
present in the commission of the act, they shall Art. 69. Penalty to be imposed when the
impose the penalty in its minimum period. crime committed is not wholly excusable. —
3. When an aggravating circumstance is A penalty lower by one or two degrees than that
present in the commission of the act, they shall prescribed by law shall be imposed if the deed is
impose the penalty in its maximum period. not wholly excusable by reason of the lack of
4. When both mitigating and aggravating some of the conditions required to justify the
circumstances are present, the court shall same or to exempt from criminal liability in the
reasonably offset those of one class against the several cases mentioned in Article 11 and 12,
other according to their relative weight. provided that the majority of such conditions be
5. When there are two or more mitigating present. The courts shall impose the penalty in
circumstances and no aggravating circumstances the period which may be deemed proper, in view
are present, the court shall impose the penalty of the number and nature of the conditions of
next lower to that prescribed by law, in the exemption present or lacking.
period that it may deem applicable, according to
th7e number and nature of such circumstances. Penalty to be imposed when the crime
6. Whatever may be the number and nature committed is not wholly excusable
of the aggravating circumstances, the courts - One or two degrees lower if the majority of the
shall not impose a greater penalty than that conditions for justification or exemption in the
prescribed by law, in its maximum period. cases provided in Arts. 11 and 12 are present.
7. Within the limits of each period, the court
shall determine the extent of the penalty
according to the number and nature of the

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People v. Lacanilao (1988) PD No. 603. ART. 192. Suspension of

Facts: The CFI found the accused, a Sentence and Commitment of Youthful
policeman, guilty of homicide. On appeal before Offender.
the CA, the CA found that the accused acted in If after hearing the evidence in the
the performance of a duty but that the shooting proper proceedings, the court should find that the
of the victim was not the necessary consequence youthful offender has committed the acts
of the due performance thereof, therefore charged against him the court shall determine
crediting to him the mitigating circumstance the imposable penalty, including any civil liability
consisting of the incomplete justifying chargeable against him. However, instead of
circumstance of fulfillment of duty. The CA pronouncing judgment of conviction, the court
lowered the penalty merely by one period shall suspend all further proceedings and shall
applying Art. 64 (2) appreciating incomplete commit such minor to the custody or care of the
fulfillment of duty as a mere generic mitigating Department of Social Welfare, or to any training
circumstance lowering the penalty to minimum institution operated by the government, or duly
period. licensed agencies or any other responsible
Held: CA erred because incomplete person, until he shall have reached twenty-one
fulfillment of duty is a privileged mitigating years of age or, for a shorter period as the court
circumstance which not only cannot be offset by may deem proper, after considering the reports
aggravating circumstances but also reduces the and recommendations of the Department of
penalty by one or two degrees than that Social Welfare or the agency or responsible
prescribed b law. The governing provision is Art. individual under whose care he has been
69 of the RPC. committed.
The youthful offender shall be subject to
G. SPECIAL RULES visitation and supervision by a representative of
the Department of Social Welfare or any duly
COMPLEX CRIMES licensed agency or such other officer as the court
CRIME DIFFERENT FROM THAT INTENDED may designate subject to such conditions as it
may prescribe.
♣ Art. 68 applies to such minor if his application
PLURAL CRIMES for suspension of sentence is disapproved or if
while in the reformatory institution he becomes
ADDITIONAL PENALTY FOR CERTAIN incorrigible in which case he shall be returned to
ACCESSORIES the court for the imposition of the proper penalty.
♣ 9 to 15 years only with discernment: at least 2
Art. 58. Additional penalty to be degrees lower.
imposed upon certain accessories. — Those ♣ 15 to 18 years old: penalty next lower
accessories falling within the terms of paragraphs ♣ Art. 68 provides for two of the PRIVILEGED
3 of Article 19 of this Code who should act with MITIGATING CIRCUMSTANCES
abuse of their public functions, shall suffer the ♣ If the act is attended by two or more mitigating
additional penalty of absolute perpetual and no aggravating circumstance, the penalty
disqualification if the principal offender shall be being divisible, a minor over 15 but under 18
guilty of a grave felony, and that of absolute years old may still get a penalty two degrees
temporary disqualification if he shall be guilty of lower.
a less grave felony.
♣ Absolute perpetual disqualification if the
principal offender is guilty of a grave felony. Art. 70. Successive service of
♣ Absolute temporary disqualification if the sentence. — When the culprit has to serve two
principal offender is guilt of less grave felony. or more penalties, he shall serve them
simultaneously if the nature of the penalties will
WHERE THE OFFENDER IS BELOW 18 YEARS so permit otherwise, the following rules shall be
In the imposition of the penalties, the
Art. 68. Penalty to be imposed upon
order of their respective severity shall be
a person under eighteen years of age. —
followed so that they may be executed
When the offender is a minor under eighteen
successively or as nearly as may be possible,
years and his case is one coming under the
should a pardon have been granted as to the
provisions of the paragraphs next to the last of
penalty or penalties first imposed, or should they
Article 80 of this Code, the following rules shall
have been served out.
be observed:
For the purpose of applying the
1. Upon a person under fifteen but over
provisions of the next preceding paragraph the
nine years of age, who is not exempted from
respective severity of the penalties shall be
liability by reason of the court having declared
determined in accordance with the following
that he acted with discernment, a discretionary
penalty shall be imposed, but always lower by
1. Death,
two degrees at least than that prescribed by law
2. Reclusion perpetua,
for the crime which he committed.
3. Reclusion temporal,
2. Upon a person over fifteen and under
4. Prision mayor,
eighteen years of age the penalty next lower
5. Prision correccional,
than that prescribed by law shall be imposed, but
6. Arresto mayor,
always in the proper period.
7. Arresto menor,
8. Destierro,

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9. Perpetual absolute disqualification, ♣ The three-fold rule applies only when the
10 Temporal absolute disqualification. convict has to serve at least four sentences.
11. Suspension from public office, the ♣ All the penalties, even if by different courts at
right to vote and be voted for, the right to follow different times, cannot exceed three-fold the
a profession or calling, and most severe.
12. Public censure - The Rules of Court specifically provide
that any information must not charge more than
Notwithstanding the provisions of the rule one offense. Necessarily, the various offense
next preceding, the maximum duration of the punished with different penalties must be
convict's sentence shall not be more than three- charged under different informations which may
fold the length of time corresponding to the most be filed in the same court or in different courts,
severe of the penalties imposed upon him. No at the same time or at different times.
other penalty to which he may be liable shall be ♣ Subsidiary imprisonment forms part of the
inflicted after the sum total of those imposed penalty.
equals the same maximum period. ♣ Indemnity is a penalty.
Such maximum period shall in no case ♣ Court must impose all the penalties for all the
exceed forty years. crimes of which the accused is found guilty, but
In applying the provisions of this rule the in the service of the same, they shall not exceed
duration of perpetual penalties (pena perpetua) three times the most severe and shall not exceed
shall be computed at thirty years. (As amended). 40 years.

Outline of the provisions of this Article: Mejorada v. Sandiganbayan (1987)

1. When the culprit has to serve 2 or more Facts: The petitioner was convicted of
penalties, he shall serve them violating Section 3(E) of RA No. 3019 aka the
simultaneously if the nature of the Anti-Graft and Corrupt Practices Act. One of the
penalties will so permit. issues raised by the petitioner concerns the
2. Otherwise, the order of their respective penalty imposed by the Sandiganbayan which
severity shall be followed. totals 56 years and 8 days of imprisonment. He
3. The respective severity of the penalties is impugns this as contrary to the three-fold rule
as follows: and insists that the duration of the aggregate
a.Death penalties should not exceed 40 years.
b.Reclusion perpetua Held: Petitioner is mistaken in his
c. Reclusion temporal application of the 3-fold rule as set forth in Art.
d.Prision mayor 70 of the RPC. This article is to be taken into
e.Prision correccional account not in the imposition of the penalty but
f. Arresto mayor in connection with the service of the sentence
g.Arresto menor imposed. Art. 70 speaks of “service” of sentence,
h.Destierro “duration” of penalty and penalty “to be
i. Perpetual absolute disqualification inflicted”. Nowhere in the article is anything
j. Temporary absolute disqualification mentioned about the “imposition of penalty”. It
k.Suspension from public office, the right to merely provides that the prisoner cannot be
vote, and be voted for, the right to made to serve more than three times the most
follow profession or calling, and severe of these penalties the maximum which is
l. Public censure 40 years.

The penalties which can be simultaneously WHERE THE PENALTY IS NOT

1. Perpetual absolute disqualification
2. Perpetual special disqualification Art. 65. Rule in cases in which the
3. Temporary absolute disqualification penalty is not composed of three periods. —
4. Temporary special disqualification In cases in which the penalty prescribed by law is
5. Suspension not composed of three periods, the courts shall
6. Destierro apply the rules contained in the foregoing
7. Public Censure articles, dividing into three equal portions of time
8. Fine and Bond to keep the peace included in the penalty prescribed, and forming
9. Civil interdiction one period of each of the three portions.
10. Confiscation and payment of costs
• The above penalties, except destierro, 1. Compute and determine first the 3
can be served simultaneously with periods of the entire penalty.
imprisonment. 2. The time included in the penalty
• Penalties consisting in deprivation of prescribed should be divided into 3 equal
liberty cannot be served simultaneously portions, after subtracting the minimum
by reason of the nature of such penalties. (eliminate the 1 day) from the maximum of the
Three-fold Rule 3. The minimum of the minimum period
The maximum duration of the convict’s should be the minimum of the given penalty
sentence shall not be more than three times the (including the 1 day)
length of time corresponding to the most severe 4. The quotient should be added to the
of the penalties imposed upon him. minimum prescribed (eliminate the 1 day) and
the total will represent the maximum of the
♣ The phrase “the most severe of the penalties” minimum period. Take the maximum of the
includes equal penalties. minimum period, add 1 day and make it the

100% UP LAW UP BAROPS 2008 Page 51 of 62


minimum of the medium period; then add the prisoner may be exempted from serving said
quotient to the minimum (eliminate the 1 day) of indeterminate period in whole or in part.
the medium period and the total will represent ♣ The maximum is determined in any case
the maximum of the medium period. Take the punishable under the RPC in accordance with the
maximum of the medium period, add 1 day and rules and provisions of said code exactly as if the
make it the minimum of the maximum period; ISL had never been enacted.
then add the quotient to the minimum (eliminate ♣ Apply first the effect of privileged mitigating
the 1 day) of the maximum period and the total circumstances then consider the effects of
will represent the maximum of the maximum aggravating and ordinary mitigating
period. circumstances.
♣ The minimum depends upon the court’s
H. THE INDETERMINATE SENTENCE LAW discretion with the limitation that it must be
within the range of the penalty next lower in
degree to that prescribed by the Code for the
♣ The indeterminate sentence is composed of: offense committed.
1. a MAXIMUM taken from the penalty
imposable under the penal code NOTE: A minor who escaped from confinement in
2. a MINIMUM taken from the penalty the reformatory is entitled to the benefits of the
next lower to that fixed in the code. ISL because his confinement is not considered

♣ The law does not apply to certain offenders:

1. Persons convicted of offense punished Art. 64. Rules for the application of
with death penalty or life imprisonment. penalties which contain three periods. — In
2. Those convicted of treason, conspiracy or cases in which the penalties prescribed by law
proposal to commit treason. contain three periods, whether it be a single
3. Those convicted of misprision of treason, divisible penalty or composed of three different
rebellion, sedition or espionage. penalties, each one of which forms a period in
4. Those convicted of piracy. accordance with the provisions of Articles 76 and
5. Those who are habitual delinquents. 77, the court shall observe for the application of
6. Those who shall have escaped from the penalty the following rules, according to
confinement or evaded sentence. whether there are or are not mitigating or
7. Those who violated the terms of aggravating circumstances:
conditional pardon granted to them by 1. When there are neither aggravating
the Chief Executive. nor mitigating circumstances, they shall impose
8. Those whose maximum term of the penalty prescribed by law in its medium
imprisonment does not exceed one year. period.
9. Those who, upon the approval of the law, 2. When only a mitigating circumstance is
had been sentenced by final judgment. present in the commission of the act, they shall
10. Those sentenced to the penalty of impose the penalty in its minimum period.
destierro or suspension. 3. When an aggravating circumstance is
present in the commission of the act, they shall
♣ Purpose of the law: to uplift and redeem impose the penalty in its maximum period.
valuable human material and prevent 4. When both mitigating and aggravating
unnecessary and excessive deprivation of liberty circumstances are present, the court shall
and economic usefulness reasonably offset those of one class against the
- It is necessary to consider the criminal other according to their relative weight.
first as an individual, and second as a member of 5. When there are two or more mitigating
the society. circumstances and no aggravating circumstances
- The law is intended to favor the are present, the court shall impose the penalty
defendant, particularly to shorten his term of next lower to that prescribed by law, in the
imprisonment, depending upon his behavior and period that it may deem applicable, according to
his physical, mental and moral record as a the number and nature of such circumstances.
prisoner, to be determined by the Board of 6. Whatever may be the number and
Indeterminate Sentence. nature of the aggravating circumstances, the
courts shall not impose a greater penalty than
♣ The settled practice is to give the accused the that prescribed by law, in its maximum period.
benefit of the law even in crimes punishable with 7. Within the limits of each period, the
death or life imprisonment provided the resulting court shall determine the extent of the penalty
penalty, after considering the attending according to the number and nature of the
circumstances, is reclusion temporal or less. aggravating and mitigating circumstances and
the greater and lesser extent of the evil produced
♣ ISL does not apply to destierro. ISL is by the crime.
expressly granted to those who are sentenced to
imprisonment exceeding 1 year. De la Cruz v. CA (1996)
In as much as the amount of P715k is
PROCEDURE FOR DETERMING THE P693k more than the abovementioned
MAXIMUM AND MINIMUM SENTENCE benchmark of P22k, then adding one year for
♣ Is consists of a maximum and a minimum each additional P10k, the maximum period of 6
instead of a single fixed penalty. years, 8 months and 21 days to 8 years of prision
♣ Prisoner must serve the minimum before he is mayor minimum would be increased by 69 years,
eligible for parole. as computed by the trial court. But the law
♣ The period between the minimum and categorically declares that the maximum penalty
maximum is indeterminate in the sense that the then shall not exceed 20 years of reclusion

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temporal. Under the ISL, the minimum term of A penalty shall not be executed in any other form
the indeterminate penalt should be within the than that prescribed by law, nor with any other
range of the penalty next lower in degree to that circumstances or incidents than those expressly
prescribed b the Code for the offense committed, authorized thereby.
which is prision correccional. In addition to the provisions of the law, the
special regulations prescribed for the government
People v. Campuhan (supra) of the institutions in which the penalties are to be
The penalty for attempted rape is two (2) suffered shall be observed with regard to the
degrees lower than the imposable penalty of character of the work to be performed, the time
death for the offense charged, which is statutory of its performance, and other incidents connected
rape of a minor below seven (7) years. Two (2) therewith, the relations of the convicts among
degrees lower is reclusion temporal, the range of themselves and other persons, the relief which
which is twelve (12) years and one (1) day to they may receive, and their diet.
twenty (20) years. Applying the Indeterminate The regulations shall make provision for the
Sentence Law, and in the absence of any separation of the sexes in different institutions,
mitigating or aggravating circumstance, the or at least into different departments and also for
maximum of the penalty to be imposed upon the the correction and reform of the convicts.
accused shall be taken from the medium period
of reclusion temporal, the range of which is ♠ The judgment must be final before it can be
fourteen (14) years, eight (8) months and (1) executed, because the accused may still appeal
day to seventeen (17) years and four (4) within 15 days from its promulgation. But if the
months, while the minimum shall be taken from defendant has expressly waived in writing his
the penalty next lower in degree, which is prision right to appeal, the judgment becomes final and
mayor, the range of which is from six (6) years executory.
and one (1) day to twelve (12) years, in any of
its periods. ♠ See Rules and regulations to implement RA No.
8177 under Capital Punishment.
People v. Saley (supra)
Under the Indeterminate Sentence Law, the
Art. 86. Reclusion perpetua,
maximum term of the penalty shall be "that
reclusion temporal, prision mayor, prision
which, in view of the attending circumstances,
correccional and arresto mayor. — The
could be properly imposed" under the Revised
penalties of reclusion perpetua, reclusion
Penal Code, and the minimum shall be "within
temporal, prision mayor, prision correccional and
the range of the penalty next lower to that
arresto mayor, shall be executed and served in
prescribed" for the offense. The penalty next
the places and penal establishments provided by
lower should be based on the penalty prescribed
the Administrative Code in force or which may be
by the Code for the offense, without first
provided by law in the future.
considering any modifying circumstance
attendant to the commission of the crime. The
determination of the minimum penalty is left by Art. 87. Destierro. — Any person
law to the sound discretion of the court and it can sentenced to destierro shall not be permitted to
be anywhere within the range of the penalty next enter the place or places designated in the
lower without any reference to the periods into sentence, nor within the radius therein specified,
which it might be subdivided. The modifying which shall be not more than 250 and not less
circumstances are considered only in the than 25 kilometers from the place designated.
imposition of the maximum term of the
indeterminate sentence. ♠ Convict shall not be permitted to enter the
The fact that the amounts involved in the place designated in the sentence nor within the
instant case exceed P22,000.00 should not be radius specified, which shall not more than 250
considered in the initial determination of the and not less than 25 km from the place
indeterminate penalty; instead, the matter designated.
should be so taken as analogous to modifying ♠ If the convict enters the prohibited area, he
circumstances in the imposition of the maximum commits evasion of sentence.
term of the full indeterminate sentence. This ♠ Destierro is imposed:
interpretation of the law accords with the rule a. When the death or serious physical
that penal laws should be construed in favor of injuries is caused or are inflicted under
the accused. Since the penalty prescribed by law exceptional circumstances (art. 247)
for the estafa charge against accused-appellant is b. When a person fails to give bond for good
prision correccional maximum to prision mayor behavior (art. 284)
minimum, the penalty next lower would then be c. As a penalty for the concubine in the
prision correccional minimum to medium. Thus, crime of concubinage (Art. 334)
the minimum term of the indeterminate sentence d. When after lowering the penalty by
should be anywhere within six (6) months and degrees, destierro is the proper penalty.
one (1) day to four (4) years and two (2) months
. Art. 88. Arresto menor. — The penalty
of arresto menor shall be served in the municipal
I. EXECUTION AND SERVICE OF PENALTIES jail, or in the house of the defendant himself
under the surveillance of an officer of the law,
Execution of Penalties when the court so provides in its decision, taking
into consideration the health of the offender and
Art. 78. When and how a penalty is other reasons which may seem satisfactory to it.
to be executed. — No penalty shall be executed
except by virtue of a final judgment. Service of the penalty of arresto menor:
a. In the municipal jail

100% UP LAW UP BAROPS 2008 Page 53 of 62


b. In the house of the offender, but exercise discretion by the court in decisive order.
under the surveillance of an officer of Probation Conditions
the law, whenever the court so The grant of probation is accompanied by
provides in the decision due to the conditions imposed by the court:
health of the offender. • The mandatory conditions require that
the probationer shall (a) present himself
In the Matter of the petition for Habeas to the probation officer designated to
Corpus of Pete Lagran (2001) undertake his supervision at each place
Facts: The accused was convicted of 3 as may be specified in the order within
counts of violating BP22 and was sentenced to 72 hours from receipt of said order, and
imprisonment of 1 year for each count. He was (b) report to the probation officer at least
detained on Feb. 24, 1999. On Mar. 19, 2001, he once a month at such time and place as
filed a petition for habeas corpus claiming he specified by said officer.
completed the service of his sentence. Citing Art. • Special or discretionary conditions are
70, RPC, he claimed that he shall serve the those additional conditions imposed on
penalties simultaneously. Thus, there is no more the probationer which are geared towards
legal basis for his detention. his correction and rehabilitation outside
Held: Art. 70 allows simultaneous service of prison and right in the community to
of two or more penalties only if the nature of the which he belongs.
penalties so permit. In the case at bar, the
petitioner was sentenced to suffer one year A violation of any of the conditions may lead
imprisonment for every count of the offense either to a more restrictive modification of the
committed. The nature of the sentence does not same or the revocation of the grant of probation.
allow petitioner to serve all the terms Consequent to the revocation, the probationer
simultaneously. The rule of successive service of will have to serve the sentence originally
sentence must be applied. imposed.

Effects of the Probation Law Modification of Conditions of Probation

During the period of probation, the court may,
THE PROBATION LAW upon application of either the probationers or the
Taken from the DOJ website probation officer, revise or modify the conditions
or period of probation. The court shall notify
Section 3(a) of Presidential Decrees 968, as either the probationer or the probation officer of
amended, defines probation as a disposition the filing of such an application so as to give both
under which an accused, after conviction and parties an opportunity to be heard thereon.
sentence, is released subject to conditions
imposed by the court and to the supervision of a Transfer of Residence
probation officer. It is a privilege granted by the Whenever a probationer is permitted to reside in
court; it cannot be availed of as a matter of right a place under the jurisdiction of another court,
by a person convicted of a crime. To be able to control over him shall be transferred to the
enjoy the benefits of probation, it must first be executive judge of the "Court of First Instance" of
shown that an applicant has none of the that place, and in such case, a copy of the
disqualifications imposed by law. Probation Order, the investigation report and
other pertinent records shall be furnished to said
Disqualified Offenders executive judge. Thereafter, the executive judge
Probation under PD No. 968, as amended, is to whom jurisdiction over the probationer is
intended for offenders who are 18 years of age transferred shall have the power with respect to
and above, and who are not otherwise him that was previously possessed by the court
disqualified by law. Offenders who are which granted the probation.
disqualified are those: (1) sentenced to serve a
maximum term of imprisonment of more than six Revocation of Probation
years; (2) convicted of subversion or any offense At any time during probation, the court may
against the security of the State, or the Public issue a warrant for the arrest of a probationer for
Order; (3) who have previously been convicted any serious violation of the conditions of
by final judgment of an offense punished by probation. The probationer, once arrested and
imprisonment of not less than one month and detained, shall immediately be brought before
one day and/or a fine of not more than Two the court for a hearing of the violation charged.
Hundred Pesos; (4) who have been once on The defendant may be admitted to bail pending
probation under the provisions of this Decree; such hearing. In such case, the provisions
regarding release on bail of persons charged with
Post-Sentence Investigation crime shall be applicable to probationers arrested
The Post-Sentence Investigation (PSI) and the under this provision. An order revoking the grant
submission of the Post-Sentence Investigation of probation or modifying the terms and
Report (PSIR) are pre-requisites to the court conditions thereof shall not be appealable.
disposition on the application for probation.
Termination of Probation
Period of Probation After the period of probation and upon
The period of probation is in essence a time- consideration of the report and recommendation
bound condition. It is a condition in point of time of the probation officer, the court may order the
which may be shortened and lengthened within final discharge of the probationer upon finding
the statutory limits and the achievements by the that he has fulfilled the terms and conditions of
probationer of the reasonable degrees of social his probation and thereupon the case is deemed
stability and responsibility from the measured terminated.
observation of the supervising officer and the

100% UP LAW UP BAROPS 2008 Page 54 of 62


Programs and Services Introductory Training Course for probation

volunteers. His term of office is one year but can
Post-Sentence Investigation. After conviction be renewed thereafter or terminated earlier
and sentence, a convicted offender or his counsel depending upon his performance and willingness
files a petition for probation with the trail court, to serve.
who in turn orders the Probation Officer to
conduct a post-sentence investigation to Further, the PAROLE AND PROBATION
determine whether a convicted offender may be ADMINISTRATION - (PPA), through its
placed on probation or not. The role of the Community Services Division, Regional and Field
probation officer in this phase is to conduct the Offices nationwide, has been tapping
post-sentence investigation and to submit his government/non-government
report to the court within the period not later organizations/individuals for various rehabilitation
than 60 days from receipt of the order of the programs and activities for probationers, parolees
Court to conduct the said investigation. and pardonees.

Pre-Parole Investigation. The PAROLE AND Llamado v. CA (1989)

PROBATION ADMINISTRATION - (PPA) conducts In its present form, Section 4 of the
pre-parole investigation of all sentenced Probation Law establishes a much narrower
prisoners confined in prisons and jails within their period during which an application for probation
jurisdiction. The purpose is to determine whether ma be filed with the trial curt: “after the trial curt
offenders confined in prisons/jails are qualified shall have convicted and sentenced a defendant
for parole or any form of executive clemency and and – within the period for perfecting an appeal”.
to discuss with them their plans after release. The provision expressly prohibits the grant of an
Probation officers submit their pre-parole application for probation if the defendant has
assessment reports to the Board of Pardons and perfected an appeal from the judgment of
Parole. conviction.
Petitioner’s right to apply for probation
Supervision of Offenders. The Agency was lost when he perfected his appeal from the
supervises two types of offenders under judgment of the trial court. The trial court lost
conditional release: (1) probationers, or persons jurisdiction already over the case.
placed under probation by the courts; (2)
parolees and pardonees, or prisoners released on Bala v. Martinez (1990)
parole or conditional pardon and referred by the PD 1990 which amends Sec. 4 of PD 968
Board of Pardons and Parole (BPP) to PAROLE is not applicable to the case at bar. It went into
AND PROBATION ADMINISTRATION - (PPA) effect on Jan. 15, 1985 and cannot be given
(PPA). The objectives of supervision are to carry retroactive effect because it would be prejudicial
out the conditions set forth in the to the accused. Bala was placed on probation on
probation/parole order, to ascertain whether the Aug. 11, 1982.
probationer/parolee/pardonee is complying with Expiration of probation period alone does
the said conditions, and to bring about the not automatically terminate probation; a final
rehabilitation of the client and his re-integration order of discharge from the court is required.
into the community. Probation is revocable before the final discharge
by the court. Probationer failed to reunite with
Rehabilitation Programs. The treatment responsible society. He violated the conditions of
process employed by the field officers focused on his probation. Thus, the revocation of his
particular needs of probationers, parolees and probation is compelling.
pardonees. Assistance is provided to the clientele
in the form of job placement, skills training, Salgado v. CA (1990)
spiritual/moral upliftment, counseling, etc. There is no question that the decision
convicting Salgado of the crime of serious
Community Linkages physical injuries had become final and executory
Probation/Parole, as a community-based because the filing by respondent of an application
treatment program, depends on available for probation is deemed a waiver of his right to
resources in the community for the rehabilitation appeal.
of offenders. Thus, the Agency, recognizing the The grant of probation does not
important role of the community as a extinguish the civil liability of the offender. The
rehabilitation agent, involves the community in order of probation with one of the conditions
probation work through the use of volunteer providing for the manner of payment of the civil
workers and welfare agencies. liability during the period of probation, did not
increase or decrease the civil liability adjudged.
Presidential Decree No. 968 permits the The conditions listed under Sec. 10 of the
utilization of the services of Volunteer Probation Probation law are not exclusive. Courts are
Aides to assist the Probation and Parole Officers allowed to impose practically any term it
in the supervision of probationers, parolees and chooses, the only limitation being that it does not
pardonees particularly in the areas where the jeopardize the constitutional rights of the
caseload is heavy and the office is understaff or accused.
where the residence of the clientele is very far
from the Parole and Probation Office. As defined, Office of the Court Administrator v. Librado
a Volunteer Probation Aide is a volunteer who is a (1996)
citizen of good moral character and good Facts: The respondent is a deputy sheriff
standing in the community, who has been who was charged of violating the Dangerous
carefully selected and trained to do volunteer Drugs Act and is now claiming he is in probation.
probation work. He is appointed by the The OCA filed an administrative case against him
Administrator after successful completion of the and he was suspended from office.

100% UP LAW UP BAROPS 2008 Page 55 of 62


Held: While indeed the purpose of the VII. EXTINGUISHMENT OF CRIMINAL

Probation Law is to save valuable human
material, it must not be forgotten that unlike LIABILITY
pardon probation does not obliterate the crime of
which the person under probation has been This section enumerates and explains the ways in
convicted. The image of the judiciary is tarnished which criminal liability is extinguished, one of
by conduct involving moral turpitude. The reform which is prescription (of both the crime and the
and rehabilitation of the probationer cannot penalty) which will be discussed in detail.
justify his retention in the government service.
Ø Two kinds of extinguishment of criminal
Suspension in case of Insanity or Minority liability:
§ Total Extinguishment
Art. 79. Suspension of the execution § Partial Extinguishment
and service of the penalties in case of
insanity. — When a convict shall become insane
or an imbecile after final sentence has been Ø Kinds of Total Extinguishment:
pronounced, the execution of said sentence shall
be suspended only with regard to the personal § By the death of the convict
penalty, the provisions of the second paragraph § By Service of sentence
of circumstance number 1 of Article 12 being
observed in the corresponding cases. § By Amnesty
If at any time the convict shall recover § By Absolute Pardon
his reason, his sentence shall be executed, unless
the penalty shall have prescribed in accordance § By prescription of crime
with the provisions of this Code. § By prescription of penalty
The respective provisions of this section
shall also be observed if the insanity or imbecility § By the marriage of the offended
occurs while the convict is serving his sentence. woman and the offender in the
crimes of rape, abduction, seduction
♠ Only execution of personal penalty is
suspended: civil liability may be executed even in and acts of lasciviousness. (Art.
case of insanity of convict.
♠ An accused may become insane:
a. at the time of commission of the
Ø Kinds of Partial Extinguishment:
– exempt from criminal liability
b. at the time of the trial § By Conditional Pardon
- court shall suspend hearings and
§ By Commutation of sentence
order his confinement in a hospital
until he recovers his reason § For good conduct, allowances which
c. at the time of final judgment or while
the culprit may earn while he is
serving sentence
– execution suspended with regard to serving sentence
the personal penalty only
§ By Parole
♠ see Exempting Circumstance of Minority for PD § By Probation
No. 603 and Rule on Juveniles in Conflict with
Important: The Supreme Court ruled that re-
election to public office is not one of the grounds
by which criminal liability is extinguished. This is
only true in administrative cases but not in
criminal cases.

Total Extinguishment


Ø Extinguishes criminal liability as to

personal penalties;
Ø As to pecuniary penalties, liability
is extinguished only when the death
of the offender occurs before final
EXCEPTION: Art. 33 (based on
contracts). Even if the accused
dies pending appeal, the right to
file a separate civil action is not

100% UP LAW UP BAROPS 2008 Page 56 of 62


Illustration: offense. offense, but rights not

restored unless
1. People v. Bayotas (1991) explicitly provided by
the terms of the
Where the offender dies before final judgment, pardon
his death extinguishes both his criminal and civil Both do not extinguish civil liability
liabilities. So while a case is on appeal, the Public act which the Private act of the
offender dies, the case on appeal will be court shall take President and must be
dismissed. The offended party may file a judicial notice of pleaded and proved by
separate civil action under the Civil Code if any the person pardoned
other basis for recovery of civil liability exists as Valid only when Valid if given either
provided under Art 1157 Civil Code. there is final before or after final
judgment judgment
2. People v. Abungan (2000)

The death of appellant extinguished his criminal

liability. Moreover, because he died during the Question: An offender was convicted of
pendency of the appeal and before the finality of rebellion, but he was given amnesty. Years later,
the judgment against him, his civil liability arising he was convicted again of rebellion. Is he a
from the crime or delict (civil liability ex delicto) recidivist?
was also extinguished. It must be added, though,
that his civil liability may be based on sources of Answer: No. Because the amnesty granted to
obligation other than delict. For this reason, the him erased not only the conviction but also the
victims may file a separate civil action against his effects of the conviction itself.
estate, as may be warranted by law and
procedural rules. Question: Suppose what was given him was not
amnesty but pardon?
Answer: Yes. Pardon, although absolute does
C. BY AMNESTY not erase the effects of conviction. Pardon only
excuses the convict from serving the sentence.
Ø An act of the sovereign power
granting oblivion or general pardon Question: A person convicted of rebellion has
for a past offense. already served the sentence; yet, despite of this,
Ø Rarely exercised in favor of a single he was still given absolute pardon. Years later,
individual; usually extended in behalf he was again convicted of rebellion. Is he a
of certain classes of persons who recidivist?
are subject trial but have not yet
been convicted. Answer: No. When the convict has already
Ø Erases not only the conviction but served the sentence such that there is no more
also the crime itself. service of sentence to be executed then the
pardon shall be understood as intended to erase
D. BY ABSOLUTE PARDON the effects of the conviction.

Ø An act of grace, proceeding from Question: What if the pardon was given to him
the power entrusted with the while he was serving his sentence?
execution of the laws
Ø Exempts the individual from the Answer: The pardon will not wipe out the effects
penalty of the crime he has of the crime, unless the language of the pardon
committed. specifically relieves him of the effects of the
Monsanto V. Factoran, Jr. (1989)
Absolute pardon does not ipso facto entitle the
convict to reinstatement to the public office Ø Definition: The forfeiture or loss of
forfeited by reason of his conviction. Although the right of the State to prosecute
pardon restores his eligibility for appointment to the offender, after the loss of a
that office, the pardoned convict must reapply for certain time.
the new appointment. Ø General Rule: Prescription of the
crime begins on the day the crime
Difference between Amnesty was committed.
and Absolute Pardon § Exception: The crime was
concealed, not public, in
Amnesty Absolute pardon which case, the prescription
Blanket pardon to Includes any crime thereof would only
classes of persons, and is exercised commence from the time
guilty of political individually the offended party or the
offenses government learns of the
May still be exercised The person is already commission of the crime.
even before trial or convicted
Looks backward – it is Looks forward – he is
as if he has relieved from the
committed no consequences of the

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Difference between Prescription of Crime § Note: Termination must be

and Prescription of the Penalty FINAL as to amount to a
jeopardy that would bar a
Prescription of crime Prescription of the subsequent prosecution.
penalty Ø The term of prescription shall not
Forfeiture of the State Forfeiture to execute run when the offender is absent from
to prosecute after a the final sentence after the Philippine archipelago.
lapse of a certain time the lapse of a certain Ø For continuing crimes, prescriptive
time period cannot begin to run because
the crime does not end.
Question: What happens when the last day of
the prescriptive period falls on a Sunday or legal

Answer: The information can no longer be filed Ø Definition: The loss or forfeiture of
on the next day as the crime has already the right of the government to
prescribed. execute the final sentence after the
lapse of a certain time.
Prescriptive Periods of Crimes
Prescriptive Periods of Penalties
Crimes punishable by death, 20 years
reclusion perpetua or reclusion Death and reclusion perpetua 20 years
temporal Other afflictive penalties 15 years
Afflictive penalties 15 years Correctional penalties 10 years
Correctional penalties 10 years Note: If arresto mayor 5 years
Light penalties 1 year
Note: Those punishable by 5 years
arresto mayor
The Computation of the Prescription of Penalties
highest (Art. 93)
Note: When the penalty fixed penalty
law is a compound one shall be Elements:
made a
basis 1. Penalty is imposed by final judgment
2. Convict evaded service of sentence by
Libel 1 year
escaping during the term of his
Oral defamation and slander by 6 months sentence
deed 3. The convict who has escaped from
Simple slander 2 months prison has not given himself up, or
Grave slander 6 months been captured, or gone to a foreign
Light offenses 2 months country with which we have no
extradition treaty, or committed
Crimes punishable by fines
another crime
Fine is afflictive 15 years 4. The penalty has prescribed because of
Fine is correctional 10 years the lapse of time from the date of the
Fine is light 2 months evasion of service of the sentence by
the convict.
Note: Subsidiary penalty
for nonpayment not
considered in Ø Period commences to run from the
determining the period date when he culprit evaded20 the
service of sentence
Note: When fine is an Ø When interrupted:
alternative penalty § Convict gives himself up
higher than the other § Is captured
penalty which is by § Goes to a foreign country
imprisonment, with which we have no
prescription of the crime extradition treaty
is based on the fine. § Commits any crime before
Computation of Prescription of Offenses the expiration of the period of
(Art. 91) prescription

Ø Commences to run from the day on Question: What happens in cases where our
which the crime is discovered by government has extradition treaty with another
the offended party, the authorities or country but the crime is not included in the
their agents. treaty?
Ø Interrupted by the filing of
complaint or information Answer: It would interrupt the running of the
§ It shall commence to run prescriptive period.
again when such proceedings
terminate without the
accused being convicted or "Escape" in legal parlance and for purposes of Articles 93 and
157 of the RPC means unlawful departure of prisoner from the limits of his
acquitted, or unjustifiably custody. Clearly, one who has not been committed to prison cannot be said to
stopped for any reason not have escaped therefrom (Del Castillo v. Torrecampo (2002).
imputable to the accused.

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Question: What is the effect of the acceptance Question: What happens if the convict fails to
of the convict of a conditional pardon? observe the condition of the parole?

Answer: It would interrupt the acceptance of the Answer: The Board of Pardons and Parole is
prescriptive period. authorized to:
1. Direct his arrest and return to
Question: What happens if the culprit is custody
captured but he evades again the service of his 2. To carry out his sentence
sentence? without deduction of the time
that has elapsed between the
Answer: The period of prescription that ran date of the parole and the
during the evasion is not forfeited. The period of subsequent arrest.
prescription that has run in his favor should be
taken into account. Difference between Conditional Pardon
and Parole
WITH THE OFFENDER Conditional Pardon Parole
May be give at any May be given after
Ø This applies only to the following time after final the prisoner has
crimes: judgment; is granted served the
§ Rape by he Chief minimum penalty;
§ Seduction Executive under the is granted by the
§ Abduction provisions of the Board of Pardons
§ Acts of lasciviousness Administrative Code and Parole under the
Ø The marriage under Art. 344 must be provisions of the
contracted in good faith Indeterminate
Sentence Law
Partial Extinguishment In case of violation, In case of violation,
the convict may be the convict may not
A. A. BY CONDTIONAL PARDON prosecuted under be prosecuted under
Ø If delivered and accepted, it is a Art. 159 of the RPC. Art. 159 of the RPC.
contract between the executive
and the convict that the former will
release the latter upon compliance E. BY PROBATION
with the condition.
Ø Example of a condition: Note: Please see Probation Law on page
“Not to violate any of the penal 117.
laws of the country again”.


Ø The convict may earn these while he

is serving his sentence.
Ø Example: Article 158. A convict who
escapes the place of confinement on
the occasion of disorder resulting
from a conflagration, earthquake or
similar catastrophe, or during a
mutiny in which he has not
participated; but who returns within
48 hours after the proclamation that
the calamity had passed shall be
given credit of 1/5 deduction of the
original sentence.

Note: Not an automatic right for it has to

be granted by the Director of Prisons (Art.
99). Also, he must be serving his sentence.
Thus, if released because of conditional
pardon, this provision is not applicable.


Ø Definition: The suspension of the

sentence of the convict after serving
the minimum term of the
intermediate penalty, without being
granted a pardon, prescribing the
terms upon which the sentence shall
be suspended.

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VIII. CIVIL LIABILITY ARISING FROM • Exemption from criminal liability does
not include exemption from civil
A FELONY liability.

A. IN GENERAL • Exceptions:
1.There is no civil liability in
B. CIVIL LIABILITY IN CERTAIN CASES paragraph 4 of Art. 12 which
provides for injury caused by mere
2.There is no civil liability in par. 7
D. EXTINCTION OF CIVIL LIABILITY of Art. 12 which provides for failure
to perform an act required by law
when prevented by some lawful or
insuperable cause.
Art. 100. Civil liability of a person guilty of UNDER 9 OR OVER 9 AND LESS THAN 15
felony. — Every person criminally liable for a WHO ACTED WITH DISCERNMENT
felony is also civilly liable.
Ø A minor
Ø Civil liability arises from the commission of • over 15 years of age
the felony. • who acts with discernment
◦ is not exempt from criminal liability.
Ø It is determined in the criminal action except ◦ Parents are subsidiarily liable
if: according to Art 2180 of the Civil
a. the offended party waives his right to Ø The final release of a child based on good
file a civil action conduct does not obliterate his civil
b. the offended party reserves his right to liability for damages.
institute it separately, or
c. the offended party institutes the civil
action prior to the criminal action.
Ø Effect of ACQUITTAL:
• As a rule, if the offender is acquitted,
Ø The persons using violence or causing the
the civil liability is extinguished,
fear are primarily liable.
Ø If there be no such persons, those doing the
act shall be liable secondarily.
a) if the acquittal is based on reasonable
b) the acquittal was due to an exempting 3) CIVIL LIABILITY OF PERSONS ACTING
circumstance like insanity and UNDER JUSTIFYING CIRCUMSTANCES
c) when the court finds that there is only
civil liability. Ø There is no civil liability in justifying
circumstances except in par. 4 of Art. 11




employee committed a violation of
2) CIVIL LIABILITY FOR ACTS COMMITTED municipal ordinance or some general
BY PERSONS ACTING UNDER or special police regulation.
UNCONTROLLABE FEAR 2. That a crime is committed in such
inn, tavern or establishment.
UNDER JUSTIFYING CIRCUMSTANCES 3. That the person criminally liable is

5) SUBSIDIARY LIABILITY OF OTHER 1. The guests notified in advance the

PERSONS innkeeper or the person representing
him of the deposit of their goods
within the inn or house.

Ø CIVIL LIABILITY OF PERSONS EXEMPT FROM 2. The guest followed the directions of the
CRIMINAL LIABILITY innkeeper or his representative with

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respect to the care of the vigilance over 1. RESTITUTION OR RESTORATION

such goods.
Ø Presupposes that
3. Such goods of the guests lodging therein • the offended party was divested of
were taken by robbery with force property,
upon things or theft committed within • and such property must be returned.
the inn or house.
Ø If the property is in the hands of a third
Ø No liability shall attach in case of party,
robbery with violence against or • the same shall be restored to the
intimidation of persons, offended party
• unless committed by the innkeeper’s • even if third party may be a holder for
employees. value and a buyer in good faith of the
Ø It is not necessary that the effects of the
guest be actually delivered to the Ø Except when such third party buys the
innkeeper, property from a public sale where the law
• it is enough that they were within the protects the buyer.
PERSONS If a third party bought a property in a public
auction conducted by the sheriff, the buyer of the
Art 103 ELEMENTS: property at such execution sale is protected by
law. The offended party may only resort to
1. The employer, teacher, person or reparation of the damage done from the
corporation is engaged in any kind of offender.
Ø Regardless of the crime committed,
• if the property is illegally taken from the
2. Any of their servants, pupils, workmen,
offended party during the commission of
apprentices or employees commits a
the crime,
felony while in the discharge of his
• the court may direct the offender to
restore or restitute such property to the
offended party.
3. The said employee is insolvent and has
not satisfied his civil liability.
Ø No defense of diligence of a good father Where the offender committed rape, during the
of a family. rape, the offender took the earrings of the victim.
Ø Supreme Court ruled that even though the The offender was prosecuted for rape and theft.
guest did not obey the rules and The offender reasoned that he took the earrings
regulations, the guests will only be of the victim to have a souvenir of the sexual
regarded as contributory negligence, but intercourse. Supreme Court ruled that the crime
it won’t absolve the management from committed is not theft and rape but rape and
civil liability (Esguerra notes) unjust vexation for the taking of the earning.
The latter crime is not a crime against property
Ø Subsidiary civil liability is imposed in the but a crime against personal security and liberty
following: under Title IX of Book II of the RPC.
1. In case of a felony committed under the
compulsion of an irresistible force. The Ø If there is violation of Anti-Fencing Law
person who employed the irresistible the fence
force is subsidiarily liable; • incurs criminal liability
• aside from being required to restitute the
2. In case of a felony committed under an personal property
impulse of an equal or greater injury. The
person who generated such an Ø If RESTITUTION cannot be made then
impulse is subsidiarily liable. REPARATION should be made

Ø IF OFFENDER DIES provided he died after

judgment became final:
C. WHAT CIVIL LIABILITY INCLUDES • The heirs of offender
• shall assume the civil liability,
Civil liability of the offender falls under • but only to the extent that they inherit
three categories: property from the deceased

1. Restitution or Restoration Ø IF OFFENDED PARTY DIES:

• the heirs of the offended party step into
2. Reparation of the damage caused the shoes of the latter to demand civil
liability from the offender.
3. Indemnification of consequential

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Ø Reparation is made by requiring the • Anyone of them may be required to pay

offender to pay the value of damages. the civil liability pertaining to such
Ø The court determines the amount of damages • without prejudice to recovery from those
by considering: whose share have been paid by another.

a) the price of the thing and Ø If all the principals are insolvent, the
b) Its special sentimental value to the obligation shall devolve upon the accomplice(s)
offended party by. or accessory(s). But whoever pays shall have
the right of covering the share of the obligation
Ø If property is brand new, then there will be from those who did not pay but are civilly liable.
an allowance for depreciation
Ø To relate with Article 38,
Ø The damages are limited to those caused by • when there is an order or preference of
the crime. pecuniary (monetary) liability, therefore,
restitution is not included here.
DAMAGES Ø There is no subsidiary penalty for non-
payment of civil liability.
Ø Indemnification of consequential damages
refers to the loss of earnings, loss of 2) People vs. Tupal, 2003,
Ø Where DEATH results: Exemplary damages were awarded when the
1. INDEMNITY: P50,000 offense was committed with at least 1
2. Lost of Earning Capacity aggravating circumstance.
3. Support to a non-heir
4. Moral damages for mental anguish…
5. Exemplary damages if attended by 1 or
more aggravating circumstances D. EXTINCTION OF CIVIL LIABILITY

Ø Indemnification for consequential damages Ø Extinguished in the same manner as other

includes: obligations in accordance with the provisions of
1) those caused the injured party the Civil Code.

2) those suffered by the family, or Ø Loss of the thing due

• does not extinguish civil liability
3) those suffered by 3rd person by reason of • because if the offender cannot make
the crime restitution, he is obliged to make
The offender carnapped a bridal car while the Ø Unless extinguished, civil liability subsists
newly-weds were inside the church. Since the • even if the offender has served
car was only rented, consequential damage not sentence consisting of deprivation of
only to the newly-weds but also to the entity liberty or other rights or has served the
which rented the car to them. same, due to amnesty, pardon,
commutation of sentence or any other
1) Espaňa v. People (2005) reason.
The award for civil indemnity ex delicto is
mandatory and is granted to the heirs of the
victim without need of proof other than the
commission of the crime.

Ø In the crime of rape, the damages awarded

to the offended woman is generally P30,000.00
for the damage to her honor.

Ø The present procedural law

• does not allow a blanket recovery of
• Each kind of damages must be specified
and the amount duly proven.

Ø When there are several offenders,

• the court shall determine what shall be
the share of each offender
• depending upon the degree of
participation – as principal, accomplice or

Ø If there are more than one principal or

more than one accomplice or accessory,
• the liability in each class of offender shall
be subsidiary.

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