You are on page 1of 529

THE REVISED PENAL CODE

(ACT NO. 3815, as amended)

AN ACT REVISING THE PENAL CODE


AND
OTHER PENAL LAWS

Criminal law defined


Criminal law is that branch or
division of law which defines
crimes, treats of their nature,
and provides for their
punishment.

Crime defined
Crime is an act committed or
omitted in violation of a public
law forbidding or commanding it.

Characteristics of criminal law


(1) General
(2) Territorial

Odette E. Paguio 1 of 529


(3) Prospective

General that criminal law is


binding on all persons who
live or sojourn in the
Philippine territory.

Exception:
Those provided treaties and
laws of preferential
application.

The following are not


subject to the operation of
our criminal law:
(1) Sovereigns and other
chiefs of state.
(2) Ambassadors, ministers
plenipotentiary,
ministers resident, and
charge daffairs.

Odette E. Paguio 2 of 529


Territorial that criminal laws
undertake to punish crimes
committed within the
Philippine territory

Exceptions:
As provided in Art. 2 of
the Revised Penal code:

Prospective that a penal law


cannot make an act
punishable in manner in
which it was not punishable
when committed.

Exceptions:
Whenever a new statute
dealing with crime
establishes conditions more
lenient or favorable to the
accused, it can be given a
retroactive effect.

Odette E. Paguio 3 of 529


But this exception has no
application:
(1) Where the new law is
expressly made
inapplicable to pending
actions or existing
causes of action.
(2) Where the offender is
a habitual criminal under
Rule 5, Article 62
Revised Penal Code.

Odette E. Paguio 4 of 529


Different effects of repeal
of penal law.
(1) If the repeal makes
the penalty lighter in
the new law, the new law
shall be applied, except
when the offender is a
habitual delinquent or
when the new law is made
not applicable to pending
action or existing causes
of action.
(2) If the new law imposes
a heavier penalty, the
law in force at the time
of the commission of the
offense shall be applied.
(3) If the new law totally
repeals the existing law
so that the act which was
penalized under the old
law is no longer

Odette E. Paguio 5 of 529


punishable, the crime is
obliterated.

Construction of penal laws


(1) Penal laws are strictly
construed against the
government and liberally in
favor of the accused when the
law is ambiguous and there is
doubt as to its
interpretation.
(2) Where the law is clear and
unambiguous, there is no room
for the application of the
rule.
(3) In the construction or
interpretation of the
provisions of the Revised
Penal Code, the Spanish text
is controlling, because it was
approved by the Philippine

Odette E. Paguio 6 of 529


Legislature in its Spanish
text.

Odette E. Paguio 7 of 529


Preliminary Title

DATE OF EFFECTIVENESS AND


APPLICATION OF THE
PROVISIONS OF THIS CODE

Art. 1. Time when Act takes effect.

This Code shall take effect on the first day


of January, nineteen hundred and thirty-
two.

Two theories in Criminal law


(1) Classical theory
(2) Positivist theory

Characteristics of the
classical theory
1. The basis of criminal
liability is human free will
and the purpose of the
penalty is retribution.
Odette E. Paguio 8 of 529
2. That man is essentially a
moral creature with an
absolutely free will to
choose between good and
evil, thereby placing more
stress upon the effect or
result of the felonious act
that upon the man, the
criminal himself.

3. It has endeavored to
establish a mechanical and
direct proportion between
crime and penalty.

4. There is a scant regard to


the human element.

Odette E. Paguio 9 of 529


Characteristics of the
positivist theory
1. That man is subdued
occasionally by a strange
and morbid phenomenon which
constrains him to do wrong,
in spite of or contrary to
his volition.

2. That crime is essentially a


social and natural
phenomenon, and as such, it
cannot be treated and
checked by the application
of abstract principles of
law and jurisprudence nor by
the imposition of a
punishment, fixed and
determined a priori; but
rather through the
enforcement of individual
measures in each particular

Odette E. Paguio 10 of 529


case after a thorough,
personal and individual
investigation conducted by a
competent body of
psychiatrists and social
scientists.

Odette E. Paguio 11 of 529


Art. 2. Application of its provisions.

Except as provided in the treaties and


laws of preferential application, the
provisions of this Code shall be enforced
not only within the Philippine
Archipelago, including its atmosphere, its
interior waters and maritime zone, but
also outside of its jurisdiction, against
those who:
1. Should commit an offense while on a
Philippine ship or airship
2. Should forge or counterfeit any coin
or currency note of the Philippine
Islands or obligations and securities
issued by the Government of the
Philippine Islands;
3. Should be liable for acts connected
with the introduction into these islands
of the obligations and securities
mentioned in the presiding number;

Odette E. Paguio 12 of 529


4. While being public officers or
employees, should commit an offense in
the exercise of their functions; or
5. Should commit any of the crimes
against national security and the law of
nations, defined in Title One of Book
Two of this Code.

Crimes that may be committed


in the exercise of public
function
1. Direct bribery
2. Indirect bribery
3. Frauds against the public
treasury
4. Possession of prohibited
interest
5. Malversation of public
funds or property
6. Failure of accountable
officer to render accounts

Odette E. Paguio 13 of 529


7. Illegal use of public funds
or property
8. Failure to make delivery of
public funds or property
9. Falsification by a public
offer or employee committed
with abuse of his official
position.

Crimes against the national


security and the law of
nations
1. Treason
2. Conspiracy and proposal to
commit treason
3. Espionage
4. Inciting to was and giving
motives for reprisals
5. Violation of neutrality
6. Correspondence with hostile
country
7. Flight to enemys country

Odette E. Paguio 14 of 529


8. Piracy and mutiny on the
high seas

Rules as to jurisdiction over


crimes committed aboard
foreign merchant vessels
1. French Rule such crimes
are not triable in the
courts of that country,
unless their commission
affects the peace and
security of the territory or
the safety of the state is
endangered.
2. English Rule such crimes
are triable in that country,
unless they are merely
affect the things within the
vessel or they refer to the
internal management thereof.

Odette E. Paguio 15 of 529


The Philippines is observing
the English Rule.

Odette E. Paguio 16 of 529


Title One

FELONIES AND CIRCUMSTANCES


WHICH
AFFECT CRIMINAL LIABILITY

Chapter One F E L O N I E S

Art. 3. Definitions.

Acts and omissions punishable by law are


felonies (delitos).

Felonies are committed not only be means


of
(1) deceit (dolo)
(2) but also by means of fault (culpa).

There is deceit when the act is performed


with deliberate intent and there is fault
when the wrongful act results from

Odette E. Paguio 17 of 529


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

Element of felonies
(1) That there must be an act
or omission.
(2) That the act or omission
must be punishable by the
Revised Penal Code.
(3) That the act is performed
or the omission incurred by
means of dolo or culpa.

Omission defined
Omission is meant inaction,
the failure to perform a
positive duty which one is
bound to do. There must be a
law requiring the doing or
performance of an act.

Odette E. Paguio 18 of 529


Classification of felonies to
the means by which they are
committed
(1) Intentional felonies
(2) Culpable felonies

Imprudence, negligence, lack


of foresight or lack of skill

Imprudence indicates
(1) deficiency of action
(2) usually involves lack of
skill

Negligence indicates
(1) deficiency of perception
(2) involves lack of
foresight

Odette E. Paguio 19 of 529


Requisites of dolo or malice
(1) He must have FREEDOM
while doing an act or
omitting to do an act;
(2) He must have INTELLIGENCE
while doing the act or
omitting to do the act;
(3) He must have INTENT which
doing the act or omitting to
do the act.

Presumption of criminal intent


Criminal intent and the will
to commit a crime are always
presumed to exist on the part
of the person who executes an
act which the law punishes,
unless the contrary shall
appear. (U.S. vs. Apostol, 14
Phil. 92)

Odette E. Paguio 20 of 529


Exemption of presumption of
criminal intent
Mistake of fact is a
misapprehension of fact on the
part of the person who caused
injury to another.

An honest mistake of fact


destroys the presumption of
criminal intent which arises
upon the commission of a
felonious act.

Requisites of mistake of fact


as a defense
1. That the act done would
have been lawful had the
facts been as the accused
believed them to be.
2. That the intention of the
accused in performing the
act should be lawful.

Odette E. Paguio 21 of 529


3. That the mistake must be
without fault or
carelessness on the part of
the accused.

Requisites of culpa
(1) He must have FREEDOM
while doing an act or
omitting to do an act;
(2) He must have INTELLIGENCE
while doing the act or
omitting to do the act;
(3) He is IMPRUDENT,
NEGLIGENT or LACKS FORESIGHT
or SKILL while doing the act
or omitting to do the act.

Mala in se and mala prohibita,


distinguished
Mala in se wrongful from
their nature.

Odette E. Paguio 22 of 529


Mala prohibita wrong merely
because prohibited by statute.

Intent distinguished from


motive
Motive is the moving power
which impels one to action for
a definite result.

Intent is the purpose to use a


particular means to effect
such result.

Motive is not an essential


element of a crime, and, hence
need not be proved for
purposes of conviction.

Odette E. Paguio 23 of 529


When motive is relevant
(1) Where the identity of a
person accused of having
committed a crime is in
dispute, the motive that may
have impelled its commission
is very relevant.
(2) It is essential only when
there is doubt as to the
identity of the assailant.
(3) Where the identification
of the accused proceeds from
an unreliable source and the
testimony is inconclusive
and not free from doubt,
evidence of motive is
necessary.
(4) Where there are no
eyewitnesses to the crime,
and where suspicion is
likely to fall upon a number

Odette E. Paguio 24 of 529


of persons, motive is
relevant and significant.
(5) If the evidence is merely
circumstantial, proof of
motive is essential.

When motive need not be


established
(1) When the commission of
the crime has been proven
and the evidence of
identification is
convincing.
(2) It is immaterial when the
accused has been positively
identified.
(3) Where the defendant
admits the killing, it is no
longer necessary to inquire
into his motive for doing
the act.

Odette E. Paguio 25 of 529


(4) Proof of motive is not
indispensable where guild is
otherwise established by
sufficient evidence.

How motive is proved


Generally, the motive is
established by the testimony
of witnesses on the acts or
statements of the accused
before or immediately after
the commission of the offense.
Such deeds or words may
indicate the motive.

Art. 4. Criminal liability.

Criminal liability shall be incurred:


1. By any person committing a felony
(delito) although the wrongful act done

Odette E. Paguio 26 of 529


be different from that which he
intended.

2. By any person performing an act


which would be an offense against
persons or property, were it not for the
inherent impossibility of its
accomplishment or an account of the
employment of inadequate or
ineffectual means.

Effects of intentional felony


One who commits an intentional
felony is responsible for all
the consequences which may
naturally and logically result
therefrom, whether foreseen or
intended or not.

Any person who creates in


anothers mind an immediate
sense of danger, which causes
Odette E. Paguio 27 of 529
the latter to do something
resulting in the latters
injuries, is liable for the
resulting injuries.

Odette E. Paguio 28 of 529


Kinds of wrongful act done be
different from that which he
intended
1. Mistake in identity
2. Mistake in blow
3. The act exceeds the intent,
the injurious result is
greater than that intended.

Mistake in identity or error


in personae

People vs. Gona


54 Phil. 605
In a case, defendant went
out of the house with the
intention of assaulting
Dunca, but in the
darkness of the evening,
defendant mistook Mapudul
for Dunca and inflicted

Odette E. Paguio 29 of 529


upon him a mortal wound
with a bolo. In this
case, the defendant is
criminally liable for the
death of Mapudul.

Mistake in blow aberratio


ictus

People vs. Mabugat


51 Phil. 967
Where the accused, having
discharged his firearm at
Juana Buralo but because
of lack of precision, hit
and seriously wounded
Perfecta Buralo, it was
held that the accused was
liable for the injury
caused to the latter.

Odette E. Paguio 30 of 529


The injurious result is
greater than that intended
praeter intentionem

People vs. Cagoco


58 Phil. 524
Where the accused,
without intent to kill,
struck the victim with
his fist on the back part
of the head from behind,
causing the victim to
fall down with his head
hitting the asphalt
pavement and resulting in
the fracture of his head,
it was held that the
accused was liable for
the death of the victim,
although he had no intent
to kill said victim.

Odette E. Paguio 31 of 529


Requisites of paragraph 1 of
Art. 4
(1) that an intentional
felony has been committed;
and
(2) that the wrong done to
the aggrieved party be the
direct, natural and logical
consequence of the felony
committed by the offender.

Proximate cause defined


Proximate cause is that
cause, which, in natural and
continuous sequence, unbroken
by any efficient intervening
cause, produces the injury,
and without which the result
would not have occurred.

Odette E. Paguio 32 of 529


IMPOSSIBLE CRIMES
The commission of an
impossible crime is indicative
of criminal propensity or
criminal tendency on the part
of the actor.

Requisites for Impossible


Crime
(1) That the act performed
would be an offense against
persons or property.
(2) That the act was done
with evil intent.
(3) That its accomplishment
is inherently impossible, or
that the means employed is
either inadequate or
ineffectual.
(4) That the act performed
should not constitute a
violation of another

Odette E. Paguio 33 of 529


provision of the Revised
Penal code.

Performing an act would be an


offense against persons of
property

Felonies against persons are


1. Parricide
2. Murder
3. Homicide
4. Infanticide
5. Abortion
6. Duel
7. Physical injuries
8. Rape

Felonies against property are:


1. Robbery
2. Brigandage
3. Theft
4. Usurpation

Odette E. Paguio 34 of 529


5. Culpable insolvency
6. Swindling and other deceits
7. Chattel mortgage
8. Arson and other crimes
involving destruction
9. Malicious mischief

That the act was done with


evil intent

Since the offender in


impossible crime intended to
commit an offense against
persons or against property,
it must be shown that the
actor performed the act with
evil intent, that is, he must
have the intent to do an
injury to another.

Were it not for the inherent


impossibility of its

Odette E. Paguio 35 of 529


accomplishment or on account
of the employment of
inadequate or ineffectual
means

Reasons why the act cannot


produce an offense against
persons or property:
1. The commission of the
offense is inherently
impossible of
accomplishment; or
2. The means employed is
either
(a) inadequate or
(b) ineffectual

Odette E. Paguio 36 of 529


Kinds of inherent
impossibility of its
accomplishment
(1) Legal impossibility or
(2) Physical impossibility of
accomplishing the intended
act.

Purpose of the law in


punishing the impossible crime
To suppress criminal
propensity or criminal
tendencies. Objectively, the
offender has not committed a
felony, but subjectively, he
is a criminal.

Art. 5. Duty of the court in connection with


acts which should be repressed but which
are not covered by the law, and in cases of
excessive penalties.
Odette E. Paguio 37 of 529
Whenever a court has knowledge of any
act which it may deem proper to repress
and which is not punishable by law,
(1) it shall render the proper decision,
and
(2) shall report to the Chief Executive,
through the Department of Justice, the
reasons which induce the court to
believe that said act should be made the
subject of legislation.

In the same way the court shall


(1) submit to the Chief Executive,
through the Department of Justice,
such statement as may be deemed
proper,
(2) without suspending the execution of
the sentence,
when a strict enforcement of the
provisions of this Code would result in the

Odette E. Paguio 38 of 529


imposition of a clearly excessive penalty,
taking into consideration the degree of
malice and the injury caused by the
offense.

Art. 6. Consummated, frustrated, and


attempted felonies.

Consummated felonies as well as those


which are frustrated and attempted, are
punishable.

A felony is consummated when


(1) all the elements necessary for its
execution and accomplishment are
present; and

it is frustrated when

Odette E. Paguio 39 of 529


(1) the offender performs all the acts of
execution which would produce the
felony as a consequence
(2) but which, nevertheless, do not
produce it by reason of causes
independent of the will of the
perpetrator.

There is an attempt when the offender


(1) commences the commission of a felony
directly or over acts, and
(2) does not perform all the acts of
execution which should produce the
felony by reason of some cause or
accident other than this own
spontaneous desistance.

Odette E. Paguio 40 of 529


DEVELOPMENT CRIME

Stages of crime
(1) Internal acts - such
as mere ideas in the
mind of a person, are
not punishable even
if, had they been
carried out, they
would not constitute a
crime.
(2) External acts this
covers (a) preparatory
acts and (b) acts of
execution.

(a)Preparatory acts

General Rule
Preparatory acts are not
punishable. Hence,
proposal to commit

Odette E. Paguio 41 of 529


conspiracy to commit a
felony, which are only
preparatory acts, are not
punishable.

Exceptions
When the law provides for
their punishment in
certain felonies.
Preparatory acts which are
considered in themselves,
by law, as independent
crimes are punishable.

Example:
Possession of picklocks is
a preparatory act to the
commission of robbery.

(b)Acts of execution

Odette E. Paguio 42 of 529


Stages of Acts of
Execution
(1) Attempted
(2) Frustrated
(3) Consummated

ATTEMPTED FELONY

Elements of attempted felony


(1) The offender commences
the commission of the felony
directly by overt acts;
(2) He does not performs all
the acts of execution which
should produce the felony;
(3) The offenders act be not
stopped by his own
spontaneous desistance;
(4) The non-performance of
all acts of execution was
due to cause or accident

Odette E. Paguio 43 of 529


other than his spontaneous
desistance.

Overt Acts defined


An overt act is
(1) physical activity or
deed,
(2) indicating the intention
to commit a particular
crime,
(3) more than a mere planning
or preparation, which if
carried to its complete
termination following its
natural course, without
being frustrated by external
obstacles nor by the
voluntary desistance of the
perpetrator, will logically
and necessarily ripen into a
concrete offense.

Odette E. Paguio 44 of 529


Preparatory acts and overt
acts, distinguished
If A bought poison from a
drugstore, in preparation for
the killing of B by means of
poison, such act is only a
preparatory act. It is not an
overt act, because it has no
direct connection with the
crime of murder which A
intended to commit. The
poison purchased may be used
by A to kill rats or insects.
Hence, the act of buying
poison did not disclose
necessarily an intention to
kill a person with it.

But if A mixed the poison with


the food intended for B, and
the latter, not knowing that

Odette E. Paguio 45 of 529


it contained poison, put into
his mouth a spoonful thereof,
the act of A was more than a
mere planning or preparation
for the commission of murder.
The buying of poison and
mixing it with the food of B
who later put into his mouth
part thereof to eat it, taken
together, constituted the
overt acts of murder. The
nature of external act thus
performed by A clearly
indicated that the intended to
commit the crime of murder.
If for some reason or another,
B threw away the food with
poison from his mount, A is
liable for attempted murder.

Odette E. Paguio 46 of 529


When there is no overt act
(1) Drawing or trying to draw
a pistol is not an overt act
of homicide (People vs.
Tabago, et. al. CA, 48 O.G.
3419).
(2) Raising a bolo as if to
strike the offended party
with it is not an overt act
of homicide (U.S. v. Simeon,
3 Phil. 688).
(3) One who takes part in
planning a criminal act but
desists in its actual
commission is exempt from
criminal liability. For
after taking part in the
planning, he could have
desisted from taking part in
the actual commission of the
crime by listening to the
call of his conscience.

Odette E. Paguio 47 of 529


(People v. Villacorte, 55
SCRA 640).

Subjective phase of the


offense
In attempted felony, the
offender never passes the
subjective phase of the
offense.

Subjective phase is the


portion of the acts
constituting the crime,
starting from the point where
the offender begins the
commission of the crime to
that point where he has still
control over his acts,
including their (acts)
natural course.

Odette E. Paguio 48 of 529


If between these two points
the offender is stopped by any
cause outside of his own
voluntary desistance, the
subjective phase has not been
passed and it is an attempt.
If he is not so stopped but
continues until he performs
the last act, it is
frustrated, provided the crime
is not produced. The acts
then of the offender reached
the objective phase of the
crime.

Odette E. Paguio 49 of 529


FRUSTRATED FELONY

Elements of frustrated felony


(1) The offender performs all
the acts of execution;
(2) All the acts performed
would produce the felony as
a consequence;
(3) But the felony is not
produced;
(4) By reason of causes
independent of the will of
the perpetrator.

Important rules
In crimes against persons, as
homicide, which requires the
victims death to consummate
the felony, it is necessary
for the frustration of the
same that a mortal would be
inflicted, because then the

Odette E. Paguio 50 of 529


wound could product the felony
as a consequence. (Guihama, et
al., 13 C.A. Rep. 557)

The stage of execution was


held to be frustrated, because
the wound inflicted was
mortal. (People vs. Honrada,
62 Phil. 112, People v.
Mercado, 51 Phil. 99, People
vs. David, 60 Phil. 93)

The stage of execution was


held to be attempted, because
there was no would inflicted
or that the inflicted was not
mortal.
(U.S. vs. Bien, 20 Phil. 354,
People vs. Kalalo, et al., 59
Phil. 715, People vs. Domingo,
GR No. 14222-R, April 11,
1956).

Odette E. Paguio 51 of 529


Frustrated felony
distinguished from attempted
(1) In both, the offender has
not accomplished his
criminal purpose.
(2) While in frustrated
felony, the offender has
performed all the acts of
execution which would
produce the felony as a
consequence, in attempted
felony, the offender merely
commences the commission of
a felony directly by overt
acts and does not perform
all the acts of execution.

In other words, in
frustrated felony, the
offender has reached the
objective phase, in

Odette E. Paguio 52 of 529


attempted felony, the
offender has not passed the
subjective phase.

The essential element which


distinguishes attempted from
frustrated felony is that,
in the latter, there is no
intervention of foreign or
extraneous cause or agency
between the beginning of the
consummation of the crime
and the moment when all the
acts have been performed
which should result in the
consummated crime; while in
the former there is such
intervention and the
offender does not arrive at
the point of performing all
the acts which should
produce the crime. He is

Odette E. Paguio 53 of 529


stopped short of that point
by some cause apart from his
own voluntary desistance.

Odette E. Paguio 54 of 529


Attempted or frustrated felony
distinguished from impossible
crime
(1) In attempted or
frustrated felony and
impossible crime, the evil
intent of the offender is
not accomplished.
(2) But while in impossible
crime, the evil intent of
the offender cannot be
accomplished, in attempted
or frustrated felony the
evil intent of the offender
is possible of
accomplishment.
(3) In impossible crime, the
evil intent of the offender
cannot be accomplished
because it is inherently
impossible of accomplishment
or because the means

Odette E. Paguio 55 of 529


employed by the offender is
inadequate or ineffectual;
in attempted or frustrated
felony, what prevented its
accomplishment is the
intervention of certain
cause or accident in which
the offender had no part.

CONSUMMATED FELONY

A felony is consummated when


all the elements necessary for
its execution and
accomplishment are present.

How to determine whether the


crime is only attempted or
frustrated or it is
consummated

Odette E. Paguio 56 of 529


In determining whether the
felony is only attempted or
frustrated or it is
consummated
(1) the nature of the offense
(2) the elements constituting
the felony as well as
(3) the manner of committing
the same, must be
considered.

Nature of crime
In Arson, it is not necessary
that the property is totally
destroyed by fire. The crime
of arson is therefore,
consummated even if only a
portion of the wall or any
other part of the house is
burned.

Odette E. Paguio 57 of 529


In theft, the crime is
consummated when the thief is
able to take or get hold of
the thing belonging to
another, even if he is not
able to carry it away.
Consummation in the crime of
theft is the ability of the
offender to dispose freely of
the articles stolen, even if
it were more or less
momentarily.

In estafa, the crime is


consummated when the offended
party is actually damaged or
prejudiced.

Odette E. Paguio 58 of 529


Odette E. Paguio 59 of 529
Manner of committing the crime
1. Formal crimes
2. Crimes consummated by mere
attempt or proposal or by
over act.
3. Felony by omissions
4. Crimes requiring the
intervention of two persons
to commit them are
consummated by mere
agreement.
5. Material crimes

Formal Crimes
Consummated in one instant,
no attempt. There are
crimes like slander and
false testimony, which are
consummated in one instant,
by a single act.

Odette E. Paguio 60 of 529


As a rule, there can be no
attempt at formal crime,
because between the though
and the deed there is no
such chain of acts that can
be severed in any link.
Thus, in slander, there is
either a crime or no crime
at all, depending upon
whether or not defamatory
words were spoken publicly.

In sale of marijuana and


other prohibited drugs, the
mere act of selling or even
acting as broker
consummates the crime.

Crimes consummated by mere


attempt or proposal or by
over act

Odette E. Paguio 61 of 529


Flight to enemys country
(Art. 121) in this crime
the mere attempt to flee to
an enemy country is a
consummated felony.

Corruption of minors (Art.


34) a mere proposal to
the minor to satisfy the
lust of another will
consummate the offense.

There is no attempted crime


of treason, because there
over act in itself
consummates the crime.

Felony by omission
There can be no attempted
stage when the felony is by
omission, because in this
king of felony the offender

Odette E. Paguio 62 of 529


does not execute acts. He
omits to perform an act
which the law requires him
to do.

Crimes requiring the


intervention of two persons
to commit them are
consummated by mere
agreement
In those crimes, like
betting in sports contests
and corruption of public
officer (Art. 197 and Art.
212), which require the
intervention of two persons
to commit them, the same
are consummated by mere
agreement. The offer made
by one of the parties to
the other constitutes

Odette E. Paguio 63 of 529


attempted felony, if the
offer is rejected.

Odette E. Paguio 64 of 529


Material crimes
There are three stages of
execution:
(a) Consummated
(b) Frustrated
(c) Attempted

Thus, homicide, rape, etc.,


are not consummated in one
instant or by a single act.
These are the material
crimes.

Consummated Rape
Entry of labia or lips of
the female organ without
rupture of the hymen or
laceration of the vagina is
generally held sufficient
to warrant conviction of
the accused for consummated
crime of rape.

Odette E. Paguio 65 of 529


Frustrated rape
There being non conclusive
evidence of penetration of
the genital organ of the
child, the accused is
entitled to the benefit of
the doubt and can only be
found guilty of frustrated
rape.

Attempted rape
The accused placed himself
on top of a woman, and
raising her skirt in an
effort to get his knees
between here legs while his
hands held her arms firmly,
endeavoring to have sexual
intercourse with her, but
not succeeding because the
offended party was able to

Odette E. Paguio 66 of 529


extricate herself and to
run away.

Art. 7. When light felonies are punishable.

Light felonies are punishable only when


they
(1) have been consummated,
(2) with the exception of those committed
against person or property.

Light felonies
Light felonies are those
infractions of law for the
commission of which the
penalty is arresto menor or a
fine not exceeding 200 pesos
or both, is proved.

Odette E. Paguio 67 of 529


Art. 8. Conspiracy and proposal to commit
felony.

Conspiracy and proposal to commit


felony
(1) are punishable only in the cases in
which the law specially provides a
penalty therefor.

A conspiracy exists when


(1) two or more persons come to an
agreement concerning the commission
of a felony and
(2) decide to commit it.

There is proposal when


(1) the person who has decided to commit
a felony
(2) proposes its execution to some other
person or persons.

Odette E. Paguio 68 of 529


General Rule
Conspiracy and proposal to
commit felony are not
punishable.

Exception
They are punishable only in
the cases in which the law
specially provides a penalty
therefor.

Reason for the rule:


Conspiracy and proposal to
commit a crime are only
preparatory acts, and the law
regards them as innocent or at
least permissible except in
rare and exceptional cases.

The Revised Penal Code


specially provides a penalty

Odette E. Paguio 69 of 529


for mere conspiracy in Art.
115, 136, and 141
(a) Conspiracy to commit
treason
(b) Conspiracy to commit
rebellion or insurrection
(c) Conspiracy to commit
sedition

Indications of conspiracy
When the defendants by their
acts aimed at the same object,
one performing one part and
the other performing another
part so as to complete it,
with a view to the attainment
of the same object, and their
acts, though apparently
independent, were in fact
concerted and cooperative,
indicating closeness of
personal association,

Odette E. Paguio 70 of 529


concerted action and
concurrence of sentiments, the
court will be justified in
concluding the said defendant
were engaged in a conspiracy.

It is fundamental for
conspiracy to exist that there
must be unity of purpose and
unity in the execution of the
unlawful objective.

Requisites of conspiracy
(1) That two or more persons
came to an agreement;
(2) That the agreement
concerned the commission of
a felony; and
(3) That the execution of the
felony be decidedupon.

Odette E. Paguio 71 of 529


Requisites of proposal
(1) That a person has decided
to commit a felony; and
(2) That he proposes its
execution to some other
person or persons.

Art. 9. Grave felonies, less grave felonies and


light felonies.

Grave felonies are those


(1) to which the law attaches the capital
punishment or
(2) penalties which in any of their periods
are afflictive, in accordance with Art. 25
of this Code.

Less grave felonies are those


(1) which the law punishes with penalties

which in their maximum period are


correctional, in accordance with the
above-mentioned Art..
Odette E. Paguio 72 of 529
Light felonies are those
(1) infractions of law for the commission
of which a penalty of arrest menor or
(2) a fine not exceeding 200 pesos or both;
is provided.

Art. 10. Offenses not subject to the


provisions of this Code.

Offenses which are or in the future may


be punishable under special laws are not
subject to the provisions of this Code.

This Code shall be supplementary to such


laws, unless the latter should specially
provide the contrary.

Odette E. Paguio 73 of 529


Chapter Two

JUSTIFYING CIRCUMSTANCES AND


CIRCUMSTANCES
WHICH EXEMPT FROM CRIMINAL
LIABILITY

Art. 11. Justifying circumstances.

The following do not incur any


criminal liability;
1. Anyone who acts in defense of his
person or rights, provided that the
following circumstances concur;

First. Unlawful aggression.


Second. Reasonable necessity of
the means employed to
prevent or repel it.

Odette E. Paguio 74 of 529


Third. Lack of sufficient
provocation on the part of
the person defending
himself.

2. Any one who acts in defense of the


person or rights of his spouse,
ascendants, descendants, or
legitimate, natural or adopted
brothers or sisters, or his relatives
by affinity in the same degrees and
those consanguinity within the
fourth civil degree, provided that the
first and second requisites
prescribed in the next preceding
circumstance are present, and the
further requisite, in case the
revocation was given by the person
attacked, that the one making
defense had no part therein.

Odette E. Paguio 75 of 529


3. Anyone who acts in defense of the
person or rights of a stranger,
provided that the first and second
requisites mentioned in the first
circumstance of this Art. are present
and that the person defending be not
induced by revenge, resentment, or
other evil motive.

4. Any person who, in order to avoid


an evil or injury, does not act which
causes damage to another, provided
that the following requisites are
present;

First. That the evil sought to


be avoided actually exists;
Second. That the injury feared
be greater than that done to
avoid it;

Odette E. Paguio 76 of 529


Third. That there be no other
practical and less harmful
means of preventing it.

5. Any person who acts in the


fulfillment of a duty or in the lawful
exercise of a right or office.

6. Any person who acts in obedience


to an order issued by a superior for
some lawful purpose.

Justifying Circumstances
defined
Justifying circumstances
are those where the act of
the person is said to be in
accordance with law, so
that such person is deemed
not to have transgressed
the law and is free from

Odette E. Paguio 77 of 529


both criminal and civil
liability.

Burden of Proof
The circumstances mentioned
in Art. 11 are matters of
defense it is incumbent
upon the accused, in order
to avoid criminal
liability, to prove the
justifying circumstance
claimed by him to the
satisfaction of the court.

The burden of proof rests


upon the accused. His duty
is to establish self-
defense by clear and
convincing evidence,
otherwise conviction would
follow from his admission
that he killed the victim.

Odette E. Paguio 78 of 529


Reason why penal law makes
self-defense lawful
Because it would be quite
impossible for the State in
all cases to prevent
aggression upon its
citizens (and even
foreigners, of course) and
offer protection to the
person unjustly attacked.
On the other hand, it
cannot be conceived that a
person should succumb to an
unlawful aggression without
offering any resistance.

The law on self-defense


embodied in any penal
system in the civilized
world finds justification
in mans natural instinct

Odette E. Paguio 79 of 529


to protect, repel, and save
his person or rights from
impending danger or peril;
it is based on that impulse
of self-preservation born
to man and part of his
nature as a human being.

Requisites of self defense


(1) Unlawful aggression
(2) Reasonable necessity
of the mans employed to
prevent or repel it; and
(3) Lack of sufficient
provocation on the part
of the person defending
himself.

Unlawful aggression is an
indispensable requisite
It is a statutory and
doctrinal requirement that

Odette E. Paguio 80 of 529


for the justifying
circumstance of self-
defense, the present of
unlawful aggression is a
condition sine qua non.
There can be no self-
defense, complete or
incomplete, unless the
victim has committed an
unlawful aggression against
the person defending
himself.

Kinds of Aggression
(1) Lawful and
(2) Unlawful

Odette E. Paguio 81 of 529


Meaning of unlawful
aggression
Unlawful aggression is
equivalent to assault or at
least threatened assault of
an immediate and imminent
kind.

There is unlawful
aggression when the peril
to ones life, limb or
right is either actual or
imminent. There must be
actual physical force or
actual use of weapon.
There must be an actual
physical assault upon a
person, or at least a
threat to inflict real
injury.

Odette E. Paguio 82 of 529


In case of threat, the same
must be offensive and
positively strong, showing
the wrongful intent to
cause an injury.

Kinds of Unlawful
Aggression
(1) Actual that the
danger must be present,
that is, actually in
existence.
(2) Imminent that the
danger is on the point of
happening. It is not
required that the attack
already begins, for it
may be too late.

When there unlawful


aggression

Odette E. Paguio 83 of 529


The blow with a deadly
weapon may be aimed at the
vital parts of his body, in
which case there is danger
to his life; or with a less
deadly weapon or any other
weapon that can cause minor
physical injuries only,
aimed at other parts of the
body, in which case, there
is danger only to his limb.

There must be actual


physical force or actual
use of weapon
The person defending
himself must have been
attacked with actual
physical force or with
actual use of weapon.

Odette E. Paguio 84 of 529


Thus, insulting words
addressed to the accused,
no matter how objectionable
they may have been, without
physical assault, could not
constitute unlawful
aggression.

A light push on the head


with the hand does not
constitute unlawful
aggression. A mere push or
a shove, not followed by
other acts, does not
constitute unlawful
aggression.

But a slap on the face is


an unlawful aggression.
Two persons met in the
street. One slapped the
face of the other and the

Odette E. Paguio 85 of 529


latter repelled it by
clubbing him and inflicting
upon him less serious
physical injury.

A playful kick at the foot


by way of greeting between
friends may be a practical
joke, and may even hurt;
but it is not a serious or
real attack on a persons
safety. It may be a mere
light provocation.

When there is no unlawful


aggression
No unlawful aggression,
because there was no
imminent and real danger to
the life or limb of the
accused.

Odette E. Paguio 86 of 529


Although the accused was
unlawfully attacked,
nevertheless, the aggressor
was not the deceased but
another person.
Consequently this unlawful
aggression cannot be
considered.

Odette E. Paguio 87 of 529


Retaliation is not self-
defense
Retaliation is different
from an act of self-
defense. In retaliation,
the aggression that was
begun by the injured party
already ceased to exist
when the accused attacked
him. In self-defense, the
aggression was still
existing when the aggressor
was injured or disabled by
the person making a
defense.

A public officer exceeding


his authority may become
unlawful aggressor
A provincial sheriff who,
in carrying out a writ of
execution, exceeded his

Odette E. Paguio 88 of 529


authority by taking against
the will of the judgment
debtor personal property
with sentimental value to
the latter, although other
personal property
sufficient to satisfy the
claim of the plaintiff was
made available to said
sheriff, was an unlawful
aggressor and the debtor
had a right to repel the
unlawful aggression.

The lawful possessor of a


fishing net was justified
in using force to repel
seizure by a peace officer
who was making it without
order from the court.

Odette E. Paguio 89 of 529


When the aggressor flees,
unlawful aggression no
longer exists
When unlawful aggression
which has begun no longer
exists, because the
aggressor runs away, the
one making a defense has no
more right to kill or even
wound the former aggressor.

Retreat to take more


advantageous position
If it is clear that the
purpose of the aggressor in
retreating is to take a
more advantageous position
to insure the success of
the attack already begun by
him, the unlawful
aggression is considered
still continuing, and the

Odette E. Paguio 90 of 529


one making a defense has a
right to pursue him in his
retreat and to disable him.

Second Requisite of Defense


of Person or Right:
Reasonable necessity of the
means employed to prevent
or repel it.
The second requisite of
defense means that
(1) there be a necessity
of the course of action
taken by the person
making a defense, and
(2) there be a necessity
of the means used.

The reasonableness of
either or both such
necessity depends on the
existence of unlawful

Odette E. Paguio 91 of 529


aggression and upon the
nature and extent of the
aggression.

The reasonableness of the


necessity depends upon the
circumstances
The reasonableness of the
necessity to take a course
of action and the
reasonableness of the
necessity of the means
employed depend upon the
circumstances of the case.

In repelling or preventing
an unlawful aggression, the
one defending must aim at
his assailant, and not
indiscriminately fire his
deadly weapon.

Odette E. Paguio 92 of 529


The means employed by the
person making a defense
must be rationally
necessary to prevent or
repel an unlawful
aggression.

Test of reasonableness of
the means used
Whether or not the means
employed is reasonable,
will depend upon the nature
and quality of the weapon
used by the aggressor, his
physical condition,
character, size and other
circumstances, and those of
the person defending
himself, and also the place
and occasion of the
assault.

Odette E. Paguio 93 of 529


Perfect equality between
the weapon used by the one
defending himself and that
of the aggressor is not
required, because the
person assaulted does not
have sufficient tranquility
of mind to thing, to
calculate and to choose
which weapon to use.

The reasonableness of the


means employed will depend
upon
(1) The nature and quality
of the weapons;
(2) Physical condition,
character and size;
(3) Other circumstances
considered.

Odette E. Paguio 94 of 529


The nature and quality of
the weapons
Although as a general rule
a dagger or a knife is more
dangerous than a club, the
use of a knife or dagger,
when attacked with a club,
must be deemed reasonable
if it cannot be shown that
the person assaulted
(1) had other available
means or
(2) if there was other
means, he could coolly
choose the less deadly
weapon to repel the
assault.

Physical condition,
character and size
When the one defending
himself who was a middle

Odette E. Paguio 95 of 529


age, was cornered, had his
back to the iron railing,
and three or four men
bigger, and stronger than
he were striking him with
fists, such person was
justified in using a knife.

The aggressor was a bully,


a man larger and stronger,
of know violent character,
with previous criminal
records for assault. He
attacked with fist blows a
smaller man who was then
armed with a bolo. In
spite of having received,
as a warning, a cut with a
bolo on the left shoulder,
the aggressor continued to
attempt to possess himself
of the bolo. Killing him

Odette E. Paguio 96 of 529


with a bolo was justified
in this case.

Other circumstances
considered
In view of the imminence of
the danger, a shotgun is a
reasonable means to prevent
an aggression with a bolo.

Odette E. Paguio 97 of 529


Reasonable necessity of
means employed to prevent
or repel unlawful
aggression to be liberally
construed in favor of law-
abiding citizens
These are dangerous times.
There are many lawless
elements who kill for the
thrill of killing. There
is no adequate protection
for the law abiding
citizens. When a lawless
person attacks on the
streets or particularly in
the victims home, he
should assume the risk of
losing his life from the
act of self-defense by
firearm of his victim;
otherwise, the law abiding
citizens will be at the

Odette E. Paguio 98 of 529


mercy of the lawless
elements. Hence, the
requisite of reasonable
necessity of the means
employed to prevent or
repel the unlawful
aggression should in these
times of danger be
interpreted liberally in
favor of the law-abiding
citizens.

Third requisite of self-


defense
Lack of sufficient
provocation on the part of
the person defending
himself.

Cases in which third


requisite of self-defense
considered present.

Odette E. Paguio 99 of 529


The third requisite of
self-defense is present:
(1) When no provocation at
all was given to the
aggressor by the person
defending himself; or
(2) When, even if a
provocation was given, it
was not sufficient; or
(3) When, even if the
provocation was
sufficient, it was not
given by the person
defending himself; or
(4) When, even if a
provocation was given by
the person defending
himself, it was not
proximate and immediate
to the act of aggression.

Odette E. Paguio 100 of 529


How to determine the
sufficiency of provocation
The provocation must be
sufficient, which means
that it should be
proportionate to the act of
aggression and adequate to
stir the aggressor to its
commission.

Defense of Relatives
Anyone who acts in defense
of the person or rights of
his spouse, ascendants,
descendants, or legitimate,
natural or adopted brothers
or sisters, or of his
relatives by affinity in
the same degrees, and those
by consanguinity within the
fourth civil degree,
provided that the first and

Odette E. Paguio 101 of 529


second requisites
prescribed in the next
preceding circumstance are
present, and the further
requisite, in case the
provocation was given by
the person attacked, that
the one making defense had
no part therein.

Relatives that can be


defended
(1) Spouse
(2) Ascendants
(3) Descendants
(4) Legitimate, natural or
adopted brothers and
sisters or relatives by
affinity in the same
degrees.

Odette E. Paguio 102 of 529


(5) Relatives by
consanguinity within the
fourth civil degrees.
Basis of justification
The justification of
defense of relatives by
reason of which the
defender is not criminally
liable, is founded not only
upon the humanitarian
sentiment, but also upon
the impulse of blood which
impels men to rush, on the
occasion of great perils,
to the rescue of those
close to them by ties of
blood.

Requisites of defense of
relatives
(1) Unlawful aggression.

Odette E. Paguio 103 of 529


(2) Reasonable necessity
of the means employed to
prevent or repel it; and
(3) In case the
provocation was given by
the person attacked, the
one making a defense had
no part therein.

Defense of Stranger
Anyone who acts in defense
of the person or right of a
stranger, provided that the
first and second requisites
mentioned in the first
circumstance of this
article are present and
that the person defending
be not induced by revenge,
resentment, or other evil
motive.

Odette E. Paguio 104 of 529


Requisites
(1) Unlawful aggression;
(2) Reasonable necessity
of the means employed to
prevent or repel it; and
(3) The person defending
be not induced by
revenge, resentment, or
other evil motive.

Basis of defense of
stranger
What one may do in his
defense, another may do for
him. Persons acting in
defense of others are in
the same condition and upon
the same plane as those who
act in defense of
themselves. The ordinary
man would not stand idly by
and see his companion

Odette E. Paguio 105 of 529


killed without attempting
to save his life.

Avoidance of Greater Evil


or Injury
Any person who, in order to
avoid an evil or injury,
does not act which causes
damage to another, provided
that the following
requisites are present;

First. That the evil


sought to be avoided
actually exists;
Second. That the injury
feared be greater than
that done to avoid it;
Third. That there be no
other practical and
less harmful means of
preventing it.

Odette E. Paguio 106 of 529


Damage to another
This term covers injury to
persons and damage to
property.

The evil sought to be


avoided actually exists
The evil must actually
exist. If the evil sought
to be avoided is merely
expected or anticipated or
may happen in the future,
paragraph 4 of Art. 11 is
not applicable.

The greater evil should not


be brought about by the
negligence or imprudence of
the actor.

Odette E. Paguio 107 of 529


Examples of damage to
property under paragraph 4
1. Fire breaks out in a
cluster of nipa houses,
and in order to prevent
its spread to adjacent
houses of strong
materials, the surrounding
nipa houses are pulled
down.
2. Where a truck of the
Standard Vacuum Oil Co.
delivering gasoline at a
gas station caught fire
and, in order to prevent
the burning of the
station, the truck was
driven to the middle of
the street and there
abandoned, but it
continued to move and
thereafter crashed against

Odette E. Paguio 108 of 529


and burned a house on the
other side of the street,
the owner of the house had
a cause of action against
the owner of the gas
station under paragraph 2
of Art. 101, in relation
to paragraph 4 of Art. 11.
3. During the storm, the
ship was heavily loaded
with goods was in danger
of sinking. The captain
of the vessel ordered part
of the goods thrown
overboard. In this case,
the captain is not
criminally liable for
causing part of the goods
thrown overboard.

There is civil liability


under this paragraph

Odette E. Paguio 109 of 529


Although, as a rule there
is no civil liability in
justifying circumstances,
it is only in paragraph 4
of Art. 11 where there is
civil liability, but the
civil liability is borne by
the persons benefited.

In cases falling within


subdivision 4 of Article
11, the persons for whose
benefit the harm has been
prevented shall be civilly
liable in proportion to the
benefit which they may have
received.

Fulfillment of Duty or
Lawful Exercise of Right or
Office

Odette E. Paguio 110 of 529


Any person who acts in the
fulfillment of a duty or in
the lawful exercise of a
right or office.

Requisites
(1) That the accused acted
in the performance of a
duty or in the lawful
exercise of a right or
office;
(2) That the injury caused
or the offense committed
be the necessary
consequence of the due
performance of duty or
the lawful exercise of
such right or office

Odette E. Paguio 111 of 529


Obedinece to an order
issued for some lawful
purpose
Any person who acts in
obedience to an order
issued by a superior for
some lawful purpose.

Requisites:
(1) That an order has been
issued by a superior.
(2) That such order must
be for some lawful
purpose.
(3) That the means used by
the subordinate to carry
out said order is lawful.

Example of absence of the


third requisite:
The court ordered that the
convict should be executed

Odette E. Paguio 112 of 529


on a certain date. The
executioner put him to
death on a day earlier than
the date fixed by the
court.

The execution of the


convict, although by virtue
of a lawful order of the
court, was carried out
against the provision of
Art. 82. The executioner
is guilty of murder.

When the order is not for a


lawful purpose, the
subordinate who obeyed it
is criminally liable.
(1) One who prepared a
falsified document with
full knowledge of its
falsity is not excused

Odette E. Paguio 113 of 529


even if he merely acted
in obedience to the
instruction of his
superior, because the
instruction was not for a
lawful purpose.
(2) A soldier who, in
obedience to the order of
his sergeant, tortured
to death the deceased for
bringing a kind of fish
different from that he
had asked to furnish a
constabulary detachment,
is criminally liable.
Obedience to an order of
a superior is justified
only when the order is
for some lawful purpose.
The order to torture the
deceased was illegal, and

Odette E. Paguio 114 of 529


the accused was not bound
to obey it.

Odette E. Paguio 115 of 529


Art. 12. Circumstances which exempt
from criminal liability.

the following are exempt from


criminal liability:
1. An imbecile or an insane person,
unless the latter has acted during a
lucid interval.

When the imbecile or an insane


person has committed an act which
the law defines as a felony (delito),
the court shall order his
confinement in one of the hospitals
or asylums established for persons
thus afflicted, which he shall not be
permitted to leave without first
obtaining the permission of the
same court.

2. A person under nine years of age.

Odette E. Paguio 116 of 529


3. A person over nine years of age and
under fifteen, unless he has acted
with discernment, in which case,
such minor shall be proceeded
against in accordance with the
provisions of Art. 80 of this Code.

When such minor is adjudged to be


criminally irresponsible, the court,
in conformably with the provisions
of this and the preceding
paragraph, shall commit him to the
care and custody of his family who
shall be charged with his
surveillance and education
otherwise, he shall be committed to
the care of some institution or
person mentioned in said Art. 80.

Odette E. Paguio 117 of 529


4. Any person who, while performing
a lawful act with due care, causes an
injury by mere accident without
fault or intention of causing it.

5. Any person who act under the


compulsion of irresistible force.

6. Any person who acts under the


impulse of an uncontrollable fear of
an equal or greater injury.

7. Any person who fails to perform an


act required by law, when prevented
by some lawful insuperable cause.

Definition of Exempting
Circumstances
Exempting circumstances
(non-imputability) are
those grounds for exemption
Odette E. Paguio 118 of 529
from punishment because
there is wanting in the
agent of the crime any of
the conditions which make
the act voluntary, or
negligent.

Basis of exempting
circumstances
The exemption from
punishment is based on the
complete absence of
intelligence, freedom of
action, or intent, or on
the absence of negligence
on the part of the accused.

Burden of proof
Any of the circumstances
mentioned in Art. 12 is a
matter of defense and the
same must be proved by the

Odette E. Paguio 119 of 529


defendant to the
satisfaction of the court.
An imbecile or an insane
person,
unless the latter has acted
during a lucid interval.

Insanity and imbecility


defined
An imbecile is one who,
while in advanced in age,
has a mental development
comparable to that of
children between two and
seven.

Insanity exists when


there is a complete
deprivation of intelligence
in committing the act, that
is, the accused is deprived
of reason, he acts without

Odette E. Paguio 120 of 529


the least discernment,
because there is complete
absence of power to
discern, or that there is a
total deprivation of
freedom of the will.

Who has the burden of proof


to show insanity?
The defense must prove that
the accused was insane at
the time of the commission
of the crime, because the
presumption is always in
favor of sanity.

Evidence of insanity
The evidence of insanity
must refer to the time
preceding the act under
prosecution or to the very
moment of its execution.

Odette E. Paguio 121 of 529


If the evidence points to
insanity subsequent to the
commission of the crime,
the accused cannot be
acquitted. He is presumed
to be sane when he
committed it.

Dementia praecox is covered


by the term insanity
Dementia praecox is a
form of psychosis where
homicidal attack is common
because of delusions that
he is being interfered with
sexually, or that his
property is being taken.
During the period of
excitement, such person has
no control what ever of his
acts.

Odette E. Paguio 122 of 529


Kleptomania
Kleptomania is a mental
disease or a mental defect,
producing an irresistible
impulse, as when the
accused has been deprived
or has lost the power of
his will which would enable
him to prevent himself from
the doing the act. The
irresistible impulse, even
to take anothers property,
should be considered as
covered by the term
insanity.

Epilepsy may be covered by


the term insanity
Epilepsy is a chronic
nervous disease
characterized by fits,
occurring at intervals,

Odette E. Paguio 123 of 529


attended by convulsive,
motions of the muscles and
loss of consciousness.

Other cases of lack of


intelligence
Somnambulism or sleep-
walking where the acts of
the person afflicted are
automatic, is embraced in
the plea of insanity and
must be clearly proven.

Odette E. Paguio 124 of 529


Malignant malaria one who
was suffering from
malignant malaria when she
wounded her husband who
died as a consequence is
not criminally liable,
because such illness
affects the nervous system
and causes amount others
such complication as acute
melancholia and insanity at
times.

Basis of Paragraph 1
The exempting circumstance
of insanity or imbecility
is based on the complete
absence of intelligence, an
element of voluntariness.

Odette E. Paguio 125 of 529


A person under nine years
of age

Under nine years to be


construed nine years or
less
The phrase under nine years
should be construed nine
years or less, as may be
inferred from the next
subsequent paragraph which
does not totally exempt a
person over nine years of
age if he acted with
discernment.

There is absolute
irresponsibility in the
case of a minor under nine
years of age
An infant under the age of
nine years is presumed to

Odette E. Paguio 126 of 529


be incapable of committing
a crime, and his
presumption is an absolute
one which cannot be
overcome by any evidence,
either of superior mental
capacity or of actual
appreciation of the crime
as shown by his actions or
declarations.

Minors nine years of age


and below are not capable
of performing a criminal
act.

Age computed up to time of


commission of crime
The age of the accused for
the purpose of determining
whether he comes within the
exempting circumstances of

Odette E. Paguio 127 of 529


minority should be computed
only up to the time of the
commission of the crime
charged, and not up to the
date of his trial.

Division of human life


under the Penal Code

9 years and Absolute


below irresponsib
(infancy)... ility

Between 9 & Conditional


15 responsibil
years . . . . ity
.

18 or over to Full
70 responsibil
years . . . . ity

Odette E. Paguio 128 of 529


9 and under Mitigated
15, offending responsibil
acting with ity
discernment;
15 or over
but less than
18; over 70
years of age

Basis of paragraph 2
The exempting circumstance
of minority is based also
on the complete absence of
intelligence

Odette E. Paguio 129 of 529


(1) A person over nine years
of age and under
fifteen,
(2) unless he has acted
discernment, in which
case such minus shall be
proceeded against in
accordance with the
provisions of Article 80
of this Code.

Meaning of discernment
Discernment means the
mental capacity of a minor
between 9 and 15 years of
age to fully appreciate the
consequences of his
unlawful act.

Discernment may be shown by


(1) the manner the crime
was committed or (2) the

Odette E. Paguio 130 of 529


conduct of the offender
after its commission

(1) Manner of crime was


committed
When the minor committed
the crime during
nighttime to avoid
detection or took the
loot to another town to
avoid discovery, he
manifested discernment.

(2) Conduct of offense

The accused, 11 years


old, shot the offended
party, who had caught him
shooting at the latters
mango fruits, with a
slingshot hitting the
latter in one of his

Odette E. Paguio 131 of 529


eyes, and after having
done so said: putang ina
mo, mabuti matikman mo.
It was held that the fist
part of the remark
clearly manifested the
perverted character of
the accused and the
second part reflected his
satisfaction and elation
upon the accomplishment
of his criminal act.
These facts indicate
discernment on the part
of the minor.

Basis of paragraph 3
The exempting circumstances
in paragraph 3 of Art. 12
is based also on the
complete absence of
intelligence.

Odette E. Paguio 132 of 529


Odette E. Paguio 133 of 529
Any person who, while
performing a lawful act
with due care, causes an
injury by mere accident
without fault or intention
of causing it.

Elements:
(1) A person is performing
a lawful act;
(2) With due care;
(3) He causes an injury to
another by mere accident;
(4) Without fault or
intention of causing it.

What is an accident?
An accident is something
that happens outside the
sway of our will, and
although it comes about
through some act of our

Odette E. Paguio 134 of 529


will, lies beyond the
bounds of humanly
foreseeable consequences.

If the consequences are


plainly foreseeable, it
will be a case of
negligence.

Basis of paragraph 4
The exempting circumstance
in paragraph 4 of Art. 12
is based on lack of
negligence and intent.
Under this circumstance, a
person does not commit
either an intentional
felony or a culpable
felony.

Odette E. Paguio 135 of 529


Any person who acts under
the compulsion of an
irresistible force.

Elements:
(1) That the compulsion is
by means of physical
force.
(2) That the physical
force must be
irresistible.
(3) That the physical
force must come from a
third person.

No compulsion of
irresistible force
The pretension of an
accused that he was
threatened with a gun by
his friend, the mastermind,
is not credible where he

Odette E. Paguio 136 of 529


himself was armed with a
rifle.

Passion or obfuscation
cannot be irresistible
force
The irresistible force can
never consist in an impulse
or passion, or obfuscation.
It must consist of an
extraneous force coming
from a third person.

Basis of paragraph 5
The exempting circumstance
in paragraph 5 of Art. 12
is based on the complete
absence of freedom, an
element of voluntariness.
Nature of force required
The force must be
irresistible to reduce the

Odette E. Paguio 137 of 529


actor to a mere instrument
who acts not only without
will but against his will.
The duress, force, fear or
intimidation must be
present, imminent and
impending and of such a
nature as to induce a well-
grounded apprehension of
death or serious bodily
harm if the act is done.

Any person who acts under


impulse of an
uncontrollable fear of an
equal or greater injury.

Elements
(1) That the threat which
causes the fear is of an
evil greater than or at
least equal to, that

Odette E. Paguio 138 of 529


which he is required to
commit;
(2) That it promises an
evil of such gravity and
imminence that the
ordinary man would have
succumbed to it.

Requisites of
uncontrollable fear
(1) An existence of an
uncontrollable fear;
(2) The fear must be real
and imminent and
(3) The fear of an injury
is greater than or at
least equal to that
committed.

Nature of duress as a valid


defense

Odette E. Paguio 139 of 529


Duress as a valid defense
should be based on real,
imminent, or reasonable
fear for the ones life or
limb and should not be
speculative, fanciful, or
remote fear.

So, if one is compelled


under fear of death to join
the rebels, he is not
liable for rebellion
because he acted under the
impulse of uncontrollable
fear of an equal or greater
injury. (U.S. vs.
Exaltation, 3 Phil. 339)

The compulsion must be of


such a character as to
leave no opportunity to the
accused to escape or self-

Odette E. Paguio 140 of 529


defense in equal combat.
(People vs. Lorenzo, 130
SCRA 311).

Distinction between
irresistible force and
uncontrollable fear
In irresistible force, the
offender uses violence or
physical force to compel
another person to commit a
crime.

In uncontrollable fear, the


offender employs
intimidation or threat in
compelling another to
commit a crime.

Basis of paragraph 6

Odette E. Paguio 141 of 529


The exempting circumstances
is based on the complete
absence of freedom.

Actus me invito factus non


est meus actus (An act done
by me against my will is
not my act.)

Any person who fails to


perform an act required by
law, when by some lawful or
insuperable cause.

Elements
(1) That an act is
required by law to be
done;
(2) That a person fails to
perform such act;

Odette E. Paguio 142 of 529


(3) That his failure to
perform such act was due
to some lawful or
insuperable cause.

When it is applicable
This exempting circumstance
applies to felonies
committed by omission.

The law imposes a duty on


the part of the offender to
perform an act. If he
fails to do so, he violates
the law. But if the
failure is due to a lawful
or insuparable cause, he is
criminally exempt.

What is the meaning of


insuparable cause

Odette E. Paguio 143 of 529


The municipal president
detained the offended party
for three days because to
take him to the nearest
justice of the peace
required a journey for
three days by boat as there
was no other means of
transportation. (U.S. vs.
Vicentillo, 19 Phil. 118)

Under the law, the person


arrested must be delivered
to the nearest judicial
authority at most within
eighteen hours; otherwise,
the public officer will be
liable for arbitrary
detention. The distance
which required a journey
for three days was
considered an insuperable

Odette E. Paguio 144 of 529


cause. Hence, it was held
that the accused was exempt
from criminal liability.

Insuperable cause is
equal to unavoidable
situation.

Basis of paragraph
The circumstance in
paragraph 7 of Art. 12
exempts the accused from
criminal liability, because
he acts without intent, the
third condition of
voluntariness in
intentional felony.

Odette E. Paguio 145 of 529


Instigation and Entrapment
Instigation
Instigation takes place
when a peace officer
induces a person to commit
a crime. Without
inducement, the crime would
not be committed.

The person instigating must


not be a private person as
he will be liable as a
principal by inducement.

If the policeman induced a


person to import opium
which made him believe he
would buy and when the
opium imported was
delivered he made the
arrest, there is an
instigation. Without the

Odette E. Paguio 146 of 529


inducement the opium would
not have been imported
(People vs. Lua Chu, et.
al., 56 Phil. 52)

Entrapment
Entrapment signifies the
ways and means devised by a
peace officer to entrap or
apprehend a person who has
committed a crime. With or
without the entrapment, the
crime has been committed
already. Entrapment is not
a mitigating.

Instigation and entrapment


distinguished
Entrapment
(1) is a ways and means
are resorted to for the
purpose of trapping and

Odette E. Paguio 147 of 529


capturing the lawbreakers
in the execution of their
criminal plan;
(2) will not bar tot he
prosecution and
conviction.

Instigation
(1) the instigator
practically induces the
would-be-defendant into
the commission of the
offense and himself
becomes a co-principal;
(2) the defendant would be
acquitted.

Absolutory causes

Absolutory causes defined


Absolutory causes are those
where the act committed is

Odette E. Paguio 148 of 529


a crime but for reasons of
public policy and sentiment
there is no penalty
imposed.

Other absolutory causes


(1) Art. 6 the
spontaneous desistance of
the person who commenced
the commission of a
felony before he could
perform all the acts of
execution.
(2) Art. 7 Light
felonies are not
punishable unless
consummated except in
crimes against persons or
property.
(3) Art. 16 accessories
are not liable in light
felonies.

Odette E. Paguio 149 of 529


(4) Art. 247 physical
injuries other than
serious physical injuries
inflicted under
exceptional
circumstances.
(5) Art. 332 exemption
of certain persons from
criminal liability in
crimes of theft, estafa
and malicious mischief.
Chapter Three
CIRCUMSTANCES WHICH MITIGATE
CRIMINAL LIABILITY

Art. 13. Mitigating circumstances.

The following are mitigating


circumstances;
1.Those mentioned in the preceding
chapter, when all the requisites
necessary to justify or to exempt
Odette E. Paguio 150 of 529
from criminal liability in the
respective cases are not attendant.

2.That the offender is under eighteen


year of age or over seventy years. In
the case of the minor, he shall be
proceeded against in accordance
with the provisions of Art. 80.

3.That the offender had no intention


to commit so grave a wrong as that
committed.

4.That sufficient provocation or threat


on the part of the offended party
immediately preceded the act.

5.That the act was committed in the


immediate vindication of a grave
offense to the one committing the
felony (delito), his spouse,

Odette E. Paguio 151 of 529


ascendants, or relatives by affinity
within the same degrees.

6.That of having acted upon an


impulse so powerful as naturally to
have produced passion or
obfuscation.

7.That the offender had voluntarily


surrendered himself to a person in
authority or his agents, or that he
had voluntarily confessed his guilt
before the court prior to the
presentation of the evidence for the
prosecution;"

8.That the offender is deaf and dumb,


blind or otherwise suffering some
physical defect which thus restricts
his means of action, defense, or

Odette E. Paguio 152 of 529


communications with his felony
beings.

9.Such illness of the offender as would


diminish the exercise of the will-
power of the offender without
however depriving him of the
consciousness of his acts.

10. And, finally, any other


circumstances of a similar nature
and analogous to those above
mentioned.

Odette E. Paguio 153 of 529


Mitigating Circumstances
Defined
Mitigating circumstances
are those which, if present
in the commission of the
crime, do not entirely free
the actor from criminal
liability, but server only
to reduce the penalty.

Classes of Mitigating
Circumstances
(1) Ordinary mitigating
(2) Privileged

Distinctions between
ordinary and privileged
mitigating circumstances

Ordinary mitigating
circumstances

Odette E. Paguio 154 of 529


(1) Ordinary mitigating
circumstances can be
offset by a generic
aggravating
circumstances;
(2) One ordinary
mitigating circumstances
if not offset by a
generic aggravating
circumstances has the
effect of imposing the
lesser penalty.

Privileged mitigating
circumstances
(1) Privileged mitigating
circumstances cannot be
offset by any aggravating
circumstances.
(2) Privileged mitigating
circumstances has the
effect of imposing the

Odette E. Paguio 155 of 529


penalty by one or two
degrees lower than that
provided by law.

Paragraph 1 and first part


of par. 2 are privileged
mitigating circumstances
while the rest of those
provided in Art. 13 are
ordinary mitigating
circumstances.

There are, however, other


privileged mitigating
circumstances applicable to
particular felonies only as
(Art. 225):
(1) Concealment of
dishonor of the mother in
infanticide;
(2) Voluntary release of a
person detained within

Odette E. Paguio 156 of 529


three days without the
accused attaining his
purpose and before of the
institution of the
criminal action (Art.
268);
(3) Unjustified
abandonment of the spouse
in the crime of adultery
(Art. 333).

Since a mitigating
circumstances is a matter
of defense the accused must
prove it with concrete
evidence to the
satisfaction of the court.

One Single fact cannot be


made the basis of several
mitigating circumstances

Odette E. Paguio 157 of 529


Passion, vindication of a
grave offense or
provocation cannot co-exist
if all are based upon the
same fact. These are not
separate circumstances but
are treated as one.

Art. 13 Paragraph 1
Privileged Mitigating
Circumstance
When all the requisites
necessary to justify or to
exempt from criminal
liability in the respective

Odette E. Paguio 158 of 529


cases are not attendant.

Circumstances of
justification or exemption
which may give place to
mitigation
(1) Self-defense (Art. 11,
Par. 1);
(2) Defense of relatives
(Art. 11, Par. 2);
(3) Defense of stranger
(Art. 11, Par. 3);
(4) State of necessity
(Art. 11, Par. 4);
(5) Performance of duty
(Art. 11, Par. 5);
(6) Obedience to order of
superior (Art. 11, Par.
6);

Odette E. Paguio 159 of 529


(7) Minority over 9 and
under 15 years of age
(Art. 12, Par. 3);
(8) Causing injury by mere
accident (Art. 12, Par.
4) and
(9) Uncontrollable fear
(Art. 12. Par. 6)

In self-defense, defense of
relative or defense of
stranger, it is essential
that unlawful aggression be
present; otherwise, there
can be no such defense,
whether complete or
incomplete. (People vs.
Rosal, G.R. No. L-5355,
August 31, 1953)

In the exempting
circumstance of accident,

Odette E. Paguio 160 of 529


if the requisites of due
care and without fault in
causing the injury are
absent, the result will be
negligence and the case
will be covered by Art. 67
which provides for the same
penalty as that provided in
Art. 365, par. 1.

Art. 13 Paragraph 2
Privileged Mitigating
Circumstance
The offender is under 18
years

Par. 2 contemplates the


following
(1) An offender over nine
but under fifteen years

Odette E. Paguio 161 of 529


of age, who acted with
discernment.
(2) An offender fifteen or
over but under eighteen
years of age.
(3) An offender over
seventy years old.

The age of the minor is to


be considered at the time
of the commission of the
felony. (People vs. Ignacio
Plaza, G.R. No. 30845)

Odette E. Paguio 162 of 529


Legal effect of the age of
the offender:

(1) 9 Years Exempting


or below. circumstanc
es.

(2) Over 9 Exempting


years but circumstanc
less than es unless
15 years. he acted
with
discernment
.

(3) Minor Sentence


delinquent may be
under 18 suspended
years of upon
age. request of
minor if
found

Odette E. Paguio 163 of 529


guilty.

(4) Under 18 Privileged


years of age. mitigating
circumstanc
e.

(5) Over 18 Full


years but criminal
under 70 responsibil
years. ity but he
may be
entitled to
probation.

(6) 70 years Mitigating


or over. circumstanc
es. No
imposition
of death
penalty,
execution

Odette E. Paguio 164 of 529


of death
sentence if
already
imposed is
suspended
and
communted.

Art. 13 Paragraph 3
The offender had no
intention to commit so
grave a wrong as that
committed

When this paragraph


applicable
This is the effect of
praeter intentionem. The
injury shall befall upon
the same person, not upon
another.

Odette E. Paguio 165 of 529


Intent is a mental process
is shown by the external
acts of the offender and is
judged by the facts showing
notable disproportion
between the means employed,
its consequences and the
attendant circumstances,
like the nature and kind of
the weapon employed, the
location of the wound
inflicted, the number of
time of its commission.

Example of this paragraph


(1) His design being only
to maltreat him, such
that when he realized the
fearful consequences of
his felonious act, he
allowed the victim to

Odette E. Paguio 166 of 529


secure medical treatment
at the municipal
dispensary.
(2) The act of the
offender in striking at
the victim with his fist,
who fell down and as a
result his head hit the
pavement causing cerebral
hemorrhage which caused
his death.
(3) The shot was directed
at the calf of the leg
and not upon a vital part
of the body.

Odette E. Paguio 167 of 529


When this paragraph is not
applicable
This mitigating
circumstances is applicable
only to felonies resulting
in material or physical
injuries. It does not
apply to felonies committed
thru negligence.

Basis of paragraph
In this circumstance,
intent, an element of
voluntariness in
intentional felony, is
diminished.

Art. 13 Paragraph 4
That sufficient provocation
or threat on the part of
the offended party

Odette E. Paguio 168 of 529


immediately preceded the
act.

Meaning of sufficient
provocation
Adequate to excite a person
to commit the crime and
must accordingly be
proportionate to its
gravity.

Any unjust or improper


conduct or act of the
offended party, capable of
exciting, inciting or
irritating any one.

Requisites
(1) Provocation must be
sufficient;

Odette E. Paguio 169 of 529


(2) It must be immediate
to the commission of the
crime; and
(3) It must originate from
the offended party.

Meaning of immediate
That there is no interval
of time between the
provocation and the
commission of the crime.
(People vs. Pagal, No. L-
32040, Oct. 25, 1977)

Provocation occurring more


than one hour before the
stabbing incident is not
immediate or 24 hours
before the commission of
the crime.

Odette E. Paguio 170 of 529


Provocation given by the
deceased during the first
stage of a fight is not
mitigating where the
accused pursued and killed
the deceased while fleeing,
as the deceased, from the
moment he fled after the
first stage of the fight,
to the moment he died, did
not give any provocation
for the accused to pursue,
much less to further attack
him.

Basis of paragraph
The mitigating circumstance
is based on the diminution
of intelligence and intent.

Odette E. Paguio 171 of 529


Art. 13 Paragraph 5
That the act was committed
in the immediate
vindication of a grave
offense to the one
committing the felony
(delito), his spouse,
ascendants, descendants,
legitimate, natural or
adopted brothers or
sisters, or relatives by
affinity within the same
degrees.

Requisites
1. That there be a grave
offense done to the one
committing the felony,
his spouse, ascendants,
descendants, legitimate,
natural or adopted
brothers or sisters, or

Odette E. Paguio 172 of 529


relatives by affinity
within the same degrees;
2. That the felony is
committed in vindication
of such grave offense. A
lapse of time is allowed
between the vindication
and the doing of the
grave offense.

Basis to determine the


gravity of offense in
vindication
In determining the gravity
of the offense, the age of
the accused, his social
standing, the time and
place when the offense was
committed and other
attendant circumstances are
to be considered.

Odette E. Paguio 173 of 529


U.S. vs. Ampar
37 Phil. 201
A remark to the
accused, an old man 70
years of age, in the
presence of so many
guests that he would
make a roast pig out
of him was also a
grave offense
considering his age.

Meaning of Immediate
Immediate means proximate
and hence, an interval of
time may lapse from the
commission of the grave
offense to the commission
of the c rime in
vindication thereof, but if
a considerable period of
time lapsed which is

Odette E. Paguio 174 of 529


sufficient to enable the
accused to recover his
serenity, this mitigating
circumstance is not
present.

When it is considered grave


offense
(1) Killing a relative is
a grave offense.
(2) Sarcastic remark
implying that the accused
was a petty tyrant.
(3) Remark of the injured
party before the guests
that accused lived at the
expense of his wife.
(4) If a person kills
another for having found
him in the act of
committing an attempt
against his (accuseds)

Odette E. Paguio 175 of 529


wife, he is entitled tot
he benefits of this
circumstance of having
acted in vindication of a
grave offense against his
and his wifes honor.

Distinction between
provocation and vindication
of a grave offense
1. The provocation, it is
directed against the
person committing the
felony, whereas,
vindication of a grave
offense, may be committed
not only against the
offender but also against
the relatives who are
mentioned in the law.

Odette E. Paguio 176 of 529


2. Provocation must be
immediate to the
commission of the crime,
whereas, vindication may
be proximate.

Art. 13 Paragraph 6
That of having acted upon
an impulse so powerful as
naturally to have produced
passion or obfuscation.

Requirements of paragraph
1. The accused acted upon an
impulse.
2. The impulse must be so
powerful that it naturally
produced or obfuscation in
him.

Odette E. Paguio 177 of 529


Why passion or obfuscation
is mitigating
When there are causes
naturally producing in a
person powerful excitement,
he loses his reason and
self-control, thereby
diminishing the exercise of
his will power.

Rule for the application of


this paragraph
Passion or obfuscation may
constitute a mitigating
circumstance only when the
same arose from lawful
sentiments.

For this reason, even if


there is actually passion
or obfuscation on the part
o the offender, there is no

Odette E. Paguio 178 of 529


mitigating circumstance,
when:
(1) The act is committed
in a spirit of
lawlessness; or
(2) The act is committed
in a spirit of revenge.

Requisites of the
mitigating circumstance of
passion or obfuscation:
1. That there be an act,
both unlawful and
sufficient to produce
such a condition of mid;
and
2. That said act which
produced the obfuscation
was not far removed from
the commission of the
crime by a considerable
length of time, during

Odette E. Paguio 179 of 529


which the perpetrator
might recover his normal
equanimity.

Odette E. Paguio 180 of 529


No passion or obfuscation
1. There could have been no
mitigating circumstance
of passion or obfuscation
when more than 24 hours
elapsed between the
alleged insult and the
commission of the felony.
2. If several hours passed
between the cause of
passion or obfuscation
and the commission of the
crime.
3. Where at least half an
hour intervened between
the previous fight and
subsequent killing of the
deceased by the accused.
4. Obfuscation cannot be
mitigating in a crime
which was planned and
calmly meditated or if

Odette E. Paguio 181 of 529


the impulse upon which
the accused acted was
deliberately fomented by
him for a considerable
period of time.

Basis of paragraph 6
Passion or obfuscation is a
mitigating circumstance
because the offender who
acts with passion or
obfuscation suffers a
diminution of his
intelligence and intent.

Art. 13 Paragraph 7
That the offender had
(1) voluntarily
surrendered himself to a
person in authority or
his agents, or

Odette E. Paguio 182 of 529


(2) that he had
voluntarily confessed his
guilt before the court
prior to the presentation
of the evidence for the
prosecution.

Two mitigating
circumstances are provided
in this paragraph
1. Voluntary surrender to a
person in authority or his
agents.
2. Voluntary confession of
guilt before the court
prior to the presentation
of evidence for the
prosecution.

Requisites of voluntary
surrender

Odette E. Paguio 183 of 529


a. That the offender had not
been actually arrested.
b. That the offender
surrendered himself to a
person in authority or to
the latters agent.
c. That the surrender was
voluntary.

Requisites of voluntariness
For voluntary surrender to
be appreciated, the same
must be spontaneous in such
a manner that it shows the
interest of the accused to
surrender unconditionally
to the authorities, either
because he acknowledged his
guilt or because he wishes
to save them the trouble
and expenses necessarily

Odette E. Paguio 184 of 529


incurred in his search and
capture.

Odette E. Paguio 185 of 529


Not mitigating when
defendant was in fact
arrested
There was no voluntary
surrender if the warrant of
arrest showed that the
defendant was in fact
arrested.

When is surrender
voluntary?
A surrender to be voluntary
must be spontaneous,
showing the intent of the
accused to submit himself
unconditionally tot he
authorities, either
(1) because he
acknowledges his guilt,
or
(2) because he wishes to
save them the trouble and

Odette E. Paguio 186 of 529


expenses necessarily
incurred in his search
and capture.

The surrender must be


spontaneous
The word spontaneous
emphasizes the idea of an
inner impulse, acting
without external stimulus.
The conduct of the accused,
not his intention alone,
after the commission of the
offense, determines the
spontaneity of the
surrender.

Requisites of plea of
guilty
(1) That the offender
spontaneously confessed
his guilt.

Odette E. Paguio 187 of 529


(2) That the confession of
guilt was made in open
court, that is, before
the competent court that
is to try the case; and
(3) That the confession of
guilt was made prior to
the presentation of
evidence for prosecution.

Plea of guilty on appeal,


not mitigating
Plea of guilty in the CFI
(Now RTC) in a case
appealed from the Municipal
Court is not mitigating,
because the plea of guilty
must be made at the first
opportunity, that is, in
the Municipal court.

Odette E. Paguio 188 of 529


Plea of not guilty at the
preliminary investigation
is no plea at all.
If an accused is charged
with an offense cognizable
by the court of first
instance, and pleads not
guilty before the municipal
court at its preliminary
investigation, and after
the elevation of the case
to the court of first
instance the court of
competent jurisdiction he
pleads guilty upon
arraignment before this
latter court, the plea of
not guilty upon arraignment
at the preliminary
investigation in the
municipal court is no plea
at all. Hence, the accused

Odette E. Paguio 189 of 529


could claim his plea of
guilty in the court of
first instance as
mitigating circumstance
pursuant at Article 13(7)
of the Revised Penal Code.

Mandatory presentation of
evidence in plea of guilty
to capital offense
The present Revised Rules
of Court (Sec. 3, Rule 116)
decrees that where the
accused pleads guilty to a
capital offense, it is not
mandatory for the court to
require the prosecution to
prove the guilt of the
accused and his precise
degree of culpability, with
the accused being likewise
entitled to present

Odette E. Paguio 190 of 529


evidence to prove, inter
alia, mitigating
circumstances.

Reasons why plea of guilty


is mitigating
It is an act of repentance
and respect for the law; it
indicates a moral
disposition in the accused,
favorable to his reform.

Basis of paragraph 7
The basis of the mitigating
circumstances of voluntary
surrender and plea of
guilty is the lesser
perversity of the offender.

Plea of guilty is not


mitigating in culpable

Odette E. Paguio 191 of 529


felonies and in crimes
punished by special laws
Art. 365, par. 5, of the
Revised Penal Code, which
prescribes the penalties
for culpable felonies,
provides that in the
imposition of these
penalties, the courts shall
exercise their sound
discretion, without regard
to the rules prescribed in
Art. 64.

When the crime is punished


by a special law, the court
shall also exercise its
sound discretion, as Art.
64 is not applicable. The
penalty prescribed by
special laws is usually not
divisible into three

Odette E. Paguio 192 of 529


periods. Art. 64 is
applicable only when the
penalty has three periods.

Art. 13 Paragraph 8
That the offender is deaf
and dumb, blind or
otherwise suffering from
some physical defect which
thus restricts his means of
action, defense, or
communication with his
fellow beings.

Physical defect must


contemplated as mitigating
circumstances
The physical defect
contemplated in this
mitigating circumstances
must affect the means of
action, defense or

Odette E. Paguio 193 of 529


communication of the
offender with is fellow
beings. The nature of the
offense is, therefore, to
be considered as to whether
such physical defect is
mitigating.

The commission by a blind


person of the crime of
estafa by misappropriating
a sum of money entrusted by
a friend to him for
safekeeping will not
entitle him to this
mitigating circumstance.
In the crime of treason,
the physical infirmities of
the accused were not
considered mitigating as he
had shown such fire of
purpose, zeal and vigor in

Odette E. Paguio 194 of 529


the execution of his
treasonous activities.

Basis of paragraph 8
Paragraph 8 of Art. 13
considers the fact that one
suffering from physical
defect, which restricts
ones means of action,
defense, or communication
with ones fellow beings,
does not have complete
freedom of action and,
therefore, there is a
diminution of that element
of voluntariness.

Odette E. Paguio 195 of 529


Art. 13 Paragraph 9
Such illness of the
offender as would diminish
the exercise of the will-
power of the offender
without however depriving
him of consciousness of his
acts.

Requisites
1. That the illness of the
offender must diminish the
exercise of his will-
power.
2. That such illness should
not deprive the offender
of consciousness of his
acts.

When the offender


completely lost the
exercise of will-power, it

Odette E. Paguio 196 of 529


may be an exempting
circumstance.
When a person becomes
affected either by dementia
praecox or by manic
depressive psychosis,
during the period of
excitement, he has no
control whatsoever of his
acts.

In such case, the person


affected, acted upon an
irresistible homicidal
impulse.

It is said that the


foregoing legal provision
refers only to diseases of
pathological state that
trouble the conscience or
will.

Odette E. Paguio 197 of 529


Examples of illness that
are mitigating
(1) A mother who killed
her child after delivery
as she was suffering
under the influence of a
puerperal fever.
(2) A mild behavior
disorder as a consequence
of an illness in the
early life of the
offender;
(3) Acute neurosis that
made the offender ill-
tempered and easily
angered;
(4) Feeblemindedness and
(5) Mild psychosis or
schizophrenic reaction is
a mental illness which
diminishes the will power

Odette E. Paguio 198 of 529


of the offender, without,
however, depriving him of
the consciousness of his
acts and should be
considered a mitigating
circumstance.

Basis of paragraph 9
The circumstance in
paragraph 9 of Art. 13 is
mitigating because there is
a diminution of
intelligence and intent.

Art. 13 Paragraph 10
Any other circumstance of a
similar nature and
analogous to those above-
mentioned.

Odette E. Paguio 199 of 529


Must be of similar nature
and analogous to those
mentioned in paragraph 1 to
9 of Art. 13
This paragraph authorizes
the court to consider in
favor of the accused any
other circumstance of a
similar nature and
analogous to those
mentioned in paragraph 1
to 9 of Art. 13.
Examples of analogous
circumstances
(a) Over 60 years old and
with failing eyesight
analogous to one over 70
years;
(b) Jealousy similar to
passion or obfuscation;
(c) Mass psychology and
appeal to esprit de corps

Odette E. Paguio 200 of 529


similar to passion or
obfuscation;
(d) Voluntary restitution
of property similar to
voluntary surrender;
(e) Extreme poverty
similar to incomplete
justifying circumstance
of state of necessity;
(f) Killing of the
deceased by accused after
he was boxed during a
dance two weeks previous
is analogous to
sufficient provocation or
passion because the wrong
committed by the deceased
undoubtedly produced
rancor in his person who
must have felt deeply
insulted and hence,
committed the crime to

Odette E. Paguio 201 of 529


vindicate himself and
appease his self-respect;
(g) Testifying for the
prosecution without being
discharged in analogous
to voluntary plea of
guilty;
(h) Where the victim
previously threatened the
accused for non-payment
of debt arising from
gambling, causing the
accused humiliation and
shame is a mitigating
circumstance analogous to
passion or obfuscation;
and
(i) Where the accused
killed the deceased, who
took away his carabao and
after the carabao died,
the accused would be

Odette E. Paguio 202 of 529


entitled to a mitigating
circumstance analogous,
if not the same, as
vindication of a grave
offense committed by the
deceased upon the
accused.

Odette E. Paguio 203 of 529


Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE
CRIMINAL LIABILITY

Art. 14. Aggravating circumstances.

The following are aggravating


circumstances:
1. That advantage be taken by the
offender of his public position.

2. That the crime be committed in


contempt or with insult to the public
authorities.

3. That the act be committed with


insult or in disregard of the respect
due the offended party on account of
his
(a) rank,
(b) age, or

Odette E. Paguio 204 of 529


(c) sex, or
(d) that is be committed in the
dwelling of the offended party, if
the latter has not given
provocation.

4. That the act be committed with


abuse of confidence or obvious
ungratefulness.

5. That the crime be committed in


(a) the palace of the Chief
Executive or
(b) in his presence, or
(c) where public authorities are
engaged in the discharge of their
duties, or
(d) in a place dedicated to religious
worship.

Odette E. Paguio 205 of 529


6. That the crime be committed in
(a) the night time, or
(b) in an uninhabited place, or
(c) by a band,
whenever such circumstances may
facilitate the commission of the
offense.

Whenever more than three armed


malefactors shall have acted
together in the commission of an
offense, it shall be deemed to have
been committed by a band.

7. That the crime be committed on


the occasion of a
(a) conflagration,
(b) shipwreck,
(c) earthquake,
(d) epidemic or
(e) other calamity or misfortune.

Odette E. Paguio 206 of 529


8. That the crime be committed with
the aid of armed men or persons
who insure or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of


his trial for one crime, shall have
been previously convicted by final
judgment of another crime
embraced in the same title of this
Code.

10. That the offender has been


previously punished by an offense to
(a) which the law attaches an
equal or
(b) greater penalty or for two or
more crimes to which it attaches
a lighter penalty.

Odette E. Paguio 207 of 529


11. That the crime be committed in
consideration of a
(a) price,
(b) reward, or
(c) promise.

12. That the crime be committed by


means of
(a) inundation,
(b) fire,
(c) poison,
(d) explosion,
(e) stranding of a vessel or
international damage thereto,
(f) derailment of a locomotive, or
(g) by the use of any other artifice
involving great waste and ruin.

Odette E. Paguio 208 of 529


13. That the act be committed with
evident premeditation.

14. That the


(a) craft,
(b) fraud or
(c) disguise be employed.

15. That advantage be taken of


(a) superior strength, or
(b) means be employed to weaken
the defense.

16. That the act be committed with


treachery (alevosia).

There is treachery when the offender


commits any of the crimes against
the person, employing means,
methods, or forms in the execution
thereof which tend directly and

Odette E. Paguio 209 of 529


specially to insure its execution,
without risk to himself arising from
the defense which the offended party
might make.

17. That means be employed or


circumstances brought about which
add ignominy to the natural effects
of the act.

Odette E. Paguio 210 of 529


18. That the crime be committed after
an unlawful entry.

There is an unlawful entry when an


entrance of a crime a wall, roof,
floor, door, or window be broken.

19. That the crime be committed with


the aid of
(a) persons under fifteen years of
age or
(b) by means of motor vehicles,
motorized watercraft, airships,
or other similar means.

20. That the wrong done in the


commission of the crime be
deliberately augmented by causing
other wrong not necessary for its
commissions.

Odette E. Paguio 211 of 529


Aggravating Circumstances
defined
Aggravating circumstances
are those which, if
attendant in the commission
of the crime, serve to
increase the penalty
without, however, exceeding
the maximum of the penalty
provided by law for the
offense.

Basis of Aggravating
circumstances
They are based on the
greater perversity of the
offender manifested in the
commission of the felony as
shown by
(1) the motivating power
itself,

Odette E. Paguio 212 of 529


(2) the place of
commission,
(3) the means and ways
employed,
(4) the time or
(5) the personal
circumstances of the
offender, or of the
offended party.

Kinds of aggravating
circumstances
(1) Generic
(2) Specific
(3) Qualifying
(4) Inherent

Generic those that can


generally apply to all
crimes.

Odette E. Paguio 213 of 529


Specific those that apply
only to particular crimes.

Qualifying those that


change the nature of the
crime.

Inherent those that must


necessity accompany the
commission of the crime.

Odette E. Paguio 214 of 529


Qualifying aggravating
circumstances distinguished
from generic aggravating
circumstance.
1. The effect of a generic
aggravating circumstance,
not offense by any
mitigating, is to
increase the penalty
which should be imposed
upon the accused to the
maximum period, but
without exceeding the
limit prescribed by law;

While that a qualifying


circumstance is not only
to give the crime its
proper and exclusive name
but also to place the
author thereof in such a
situation as to deserve

Odette E. Paguio 215 of 529


no other penalty than
that specially prescribed
by law for said crime.

2. A qualifying aggravating
circumstance cannot be
offset by mitigating
circumstance;

A generic aggravating
circumstance may be
compensated by a
mitigating circumstance.

3. A qualifying aggravating
circumstance to be such
must be alleged in the
information. If it is
not alleged, it is a
generic aggravating
circumstance only.

Odette E. Paguio 216 of 529


Aggravating circumstances
not presumed
An aggravating circumstance
should be proved as fully
as the crime itself in
order to increase the
penalty.

Art. 14 Paragraph 1
That advantage be taken by
the offender of his public
position.

Basis of this aggravating


circumstance.
This is based on the
greater perversity of the
offender, as shown by the
personal circumstance of
the offender and also by
the means used to secure

Odette E. Paguio 217 of 529


the commission of the
crime.

When applicable
The aggravating
circumstance that advantage
be taken by the offender of
his public position applies
only when the person
committing the crime is a
public officer who takes
advantage of his public
position.

Meaning of advantage be
taken by the offender of
his public position.
The public officer must use
the influence, prestige or
ascendancy which his office
gives him as the means by

Odette E. Paguio 218 of 529


which he realizes his
purpose.

The essence of the matter


is presented in the
inquiry, Did the accused
abuse his office in order
to commit the crime?

Odette E. Paguio 219 of 529


Failure in official duties
is tantamount to abusing of
office.
But even if defendant did
not his office, if it is
proven that he has failed
in his duties as such
public officer, this
circumstance would warrant
the aggravation of his
penalty.

Thus, the fact that


defendant was the vice-
president of a town at the
time he voluntary joined a
band of brigands made his
liability greater.

Not aggravating when it is


an integral element of, or
inherent in, the offense

Odette E. Paguio 220 of 529


This circumstance, taking
advantage of public
position, cannot be taken
into consideration in
offenses where taking
advantage of official
position is made by law an
integral element of the
crime, such as in
malversation under Art.
217.

Taking advantage of public


position is inherent in the
case of accessories under
Art. 19, par. 3, and in
crimes committed by public
officers.

Art. 14 Paragraph 2

Odette E. Paguio 221 of 529


That the crime be committed
in contempt of or with
insult to the public
authorities.

Basis of this aggravating


circumstance
This is based on the
greater perversity of the
offender, as shown by his
lack of respect for the
public authorities.

Requisites of this
circumstance
(1) That the public
authority is engaged in
the exercise of his
function.
(2) That he who is thus
engaged in the exercise
of said functions is not

Odette E. Paguio 222 of 529


the person against who
the crime is committed.
(3) The offender knows him
to be a public authority.
(4) His presence has not
prevented the offender
from committing the
criminal act.

Meaning of public
authority
A public authority,
sometimes also called a
person in authority, is a
public officer who is
directly vested with
jurisdiction, that is, a
public officer who has the
power to govern and execute
the laws. The councilor,
the mayor, the governor,
etc., are persons in

Odette E. Paguio 223 of 529


authority. The barangay
captain and barangay
chairman are also persons
in authority.

Odette E. Paguio 224 of 529


Other persons in authority
(1) A school teacher is
not considered a person
authority under CA 578
amending Article 152 of
the Revised Penal Code.
(2) A town municipal
health officer, as well
as a nurse, a municipal
councilor or an agent of
the BIR.
(3) The chief of police be
considered a public
authority or a person in
authority; for he is
vested with jurisdiction
or authority to maintain
peace and order and is
specifically duty bound
to prosecute and to
apprehend violators of
the laws and municipal

Odette E. Paguio 225 of 529


ordinances, more than the
aforementioned officials
who cannot prosecute and
who are not event
enjoined to arrest
malefactors although
specifically mentioned as
persons in authority by
the decided cases and by
Art. 152 of the Revised
penal Code as amended by
R.A. 1978.

Knowledge that a public


authority is present is
essential
Lack of knowledge on the
part of the offender that a
public authority is present
indicates lack of intention
to insult the public
authority.

Odette E. Paguio 226 of 529


Presence of public
authority has not prevented
offender from committing
the crime.
An offense may be said to
have been committed in
contempt of a public
authority when his
presence, made known to the
offender, has not prevented
the latter from committing
the criminal act.

Art. 14 Paragraph 3
That the act be committed
(1) with insult or in
disregard of the respect
due the offended party on
account of his
(a) Rank;

Odette E. Paguio 227 of 529


(b) Age or
(c) Sex.
(2) that it be committed
in the dwelling of the
offended party, if the
latter has not given
provocation.

Basis of these aggravating


circumstances
These circumstances are
based on the greater
perversity of the offender,
as shown by the personal
circumstances of the
offended party and the
place of the commission of
the crime.

Applicable only to crimes


against persons or honor

Odette E. Paguio 228 of 529


This circumstance (rank,
age or sex) may be taken
into account only in crimes
against persons or honor.

Meaning of with insult or


in disregard.
There must be evidence that
in the commission of the
crime, the accused
deliberately intended to
offend or insult the sex or
age of the offended party.

Meaning of rank
Rank refers to
(1) a high social position
or standing as a grade in
the armed forces; or
(2) to a graded official
standing or social

Odette E. Paguio 229 of 529


position or station; or
to the order or place in
which said officers are
placed in the army and
navy in relation to
others; or
(3) to the designation or
title of distinction
conferred upon an officer
in order to fix his
relative position in
reference to other
officers in matters of
privileges, precedence,
and sometimes of command
or
(4) by which to determine
his pay and emoluments as
in the case of army staff
officers; or to a grade
or official standing,
relative position in

Odette E. Paguio 230 of 529


civil or social life, or
in any scale of
comparison, status,
grade, including its
grade, status or scale of
comparison within a
position.

Disregard of the age of the


offended party
The circumstance of lack of
respect due to age applies
in cases where the victim
is of tender age as well as
of old age.

This circumstance was


applied in a case where on
of the victims in a murder
case was a 12 year old boy.
Here, the victim was only 3
years old.

Odette E. Paguio 231 of 529


Deliberate intent to offend
or insult required
The circumstance of old age
cannot be considered
aggravating in the absence
of evidence that the
accused deliberately
intended to offend or
insult the age of the
victim.

Disregard of age not


aggravating in robber with
homicide
It is not proper to
consider disregard of old
age in crimes against
property. Robbery with
homicide is primarily a
crime against property and
not against persons.

Odette E. Paguio 232 of 529


Homicide is a mere incident
of the robbery, the latter
being the main purpose and
object of the criminal.

Disregard of the sex of the


offended party.
This refers to the female
sex, not to the male sex.

Examples of disregard of
the sex of the offended
party.
(1) When a person compels
a woman to go to his
house against her will,
the crime of coercion
with the aggravating
circumstance of
disrespect to sex is
committed.

Odette E. Paguio 233 of 529


(2) The accused who, upon
knowing the death of
their relative, and not
being able to take
revenge on the killers
because of their
imprisonment, selected
and killed a female
relative of the killers
in retaliation, committed
the act with this
aggravating circumstance.
(3) Direct assault upon a
lady teacher.
When not an aggravating
circumstance
Disregard of sex is not
aggravating in the absence
of evidence that the
accused deliberately
intended to offend or
insult the sex of the

Odette E. Paguio 234 of 529


victim or showed manifest
disrespect to her
womanhood.

When this aggravating


circumstances not
applicable
(1) When the offender
acted with passion and
obfuscation.
(2) When there exists a
relationship between the
offended party and the
offender.
(3) When the condition of
being a woman is
indispensable in the
commission of the crime.
Thus, in (a) parricide,
(b) rage, (c) abduction,
or (d) seduction, sex is
not aggravating.

Odette E. Paguio 235 of 529


THAT THE CRIME BE COMMITTED
IN THE DWELLING OF THE
OFFENDED PARTY.

Dwelling defined
Dwelling must be a building
or structure, exclusively
used for rest and comfort.
It includes dependencies,
staircase, and enclosures
under the house.

A combination house and


store or a market stall
where the victim slept is
not a dwelling nor a
gambling house or a house
of prostitution.

It must belong to the


offended party.

Odette E. Paguio 236 of 529


Even if the killing took
place outside the dwelling,
it is aggravating provided
that the commission of the
crime was begun in the
dwelling.

Basis of this aggravating


circumstance
This is based on the
greater perversity of the
offender, as shown by the
place of the commission of
the offense.

Offended party must not


give provocation
As may be seen, a condition
sine qua non of this
circumstance, is that the
offended party has not

Odette E. Paguio 237 of 529


given provocation to the
offender. When it is the
offended party who has
provoked the incident, he
loses his right to the
respect and consideration
due him in his own house.

Meaning of provocation in
the aggravating
circumstance of dwelling
The provocation must be:
(1) Given by the owner of
the dwelling,
(2) Sufficient, and
(3) Immediate to the
commission of the crime.

Odette E. Paguio 238 of 529


Dwelling is not aggravating
in the following cases:
(1) When both offender and
offended party are
occupants of the same
house.
(2) When the robber is
committed by the use of
force upon things,
dwelling is not
aggravating because it is
inherent.
(3) In crime of trespass
to dwelling, it is
inherent or included by
law in defining the
crime.
(4) When the owner of the
dwelling gave sufficient
and immediate
provocation.

Odette E. Paguio 239 of 529


(5) When the dwelling
where the crime was
committed did not belong
to the offended party.

Dwelling was found


aggravating in the
following cases although
the crimes were committed
not in the dwelling of the
victims
(1) The victim was raped
in the boarding house
where she was a
bedspacer. Her room
constituted a dwelling
as the term is used in
Article 14(3) of the
Revised Penal Code.
(2) The victims were raped
in their paternal home
were they were guest at

Odette E. Paguio 240 of 529


the time and did not
reside there.
(3) The victim was killed
in the house of her aunt
were she was living with
her niece.
(4) The victims, while
sleeping as guests in the
house of another person,
were shot to death in
that house.

Art. 14 Paragraph 4
That the act be committed
(1) Abuse of confidence or
(2) Obvious
ungratefulness.

Requisites of Abuse of
Confidence

Odette E. Paguio 241 of 529


(1) That the offended
party had trusted the
offender.
(2) That the offender
abused such trust by
committing a crime
against the offended
party.
(3) That the abuse of
confidence facilitated
the commission of the
crime.

Abuse of confidence
This circumstance exists
only when the offended
party has trusted the
offender who later abuses
such trust by committing
the crime. The abuse of
confidence must be a means
of facilitating the

Odette E. Paguio 242 of 529


commission of the crime,
the culprit taking
advantage of the offended
partys belief that the
former would not abuse said
confidence.

People vs. Luchico


49 Phil. 689
This circumstance is
present in the killing
by the accused of his
sweetheart whom he
invited to a ride
after he had
determined to kill her
and who went with him
not knowing of his
plan.

Odette E. Paguio 243 of 529


Special relation of
confidence between accused
and victim
There is no abuse of
confidence where the
deceased and the accused
happened to be together
because the former invited
the latter nightclubbing
and to bring with him the
money the latter owed the
former.

Ungratefulness must be
obvious ungratefulness

People vs. Floresca


G.R. No. L-8614-15
99 Phil. 1044
This aggravating
circumstance was
present in the case of

Odette E. Paguio 244 of 529


the accused who killed
his father-in-law in
whose house he lived
and who partially
supported him.

People vs. Lupango


No. L-32633
109 SCRA 109
The circumstance was
present where the
accused was living in
the house of the
victim who employed
him as an overseer
and in charge of
carpentry work, and
had free access to the
house of the victim
who was very kind to
him, his family, and

Odette E. Paguio 245 of 529


who helped him solve
his problems.

People vs. Nismal


No. L-51257
114 SCRA 487
The circumstance was
present were a
security guard killed
a bank officer and
robbed the bank.

Art. 14 Paragraph 5
That the act be committed
(a) In the palace of the
Chief Executive or
(b) In his presence or
(c) Where public
authorities are engaged
in the discharge of their
duties, or

Odette E. Paguio 246 of 529


(d) in a place dedicated to
religious worship.

Basis of the aggravating


circumstances
They are based on the
greater perversity of the
offender, as shown by the
place of the commission of
the crime, which must be
respected.

Odette E. Paguio 247 of 529


Official or religious
functions, not necessary
Performance of any function
is not necessary if the
crime is committed in the
palace of the Chief
Executive or in his
presence or in a place
dedicated to religious
worship.

Other public authorities


must be actually engaged in
the performance of duty
But as regards the place
where the public
authorities are engaged in
the discharge their duties,
there must be some
performance of public
functions.

Odette E. Paguio 248 of 529


Place dedicated to
religious worship
Cemeteries are not such a
place, however respectable
they may be, as they are
not dedicated to worship of
God. The church is a place
dedicated to religious
worship.

Art. 14 Paragraph 6
That the act be committed
(1) in the nighttime or
(2) in an uninhabited
place or
(3) an a band
whenever may facilitate the
commission of the offense.

Basis of the aggravating


circumstances

Odette E. Paguio 249 of 529


They are based on the time
and place of the commission
of the crime and means and
ways employed.

When aggravating
Nighttime, uninhabited
place or band is
aggravating
(1) when it facilitated
the commission of the
crime; or
(2) when especially sought
for the offender to
insure the commission of
the crime or for the
purpose of impunity; or
(3) when the offender took
advantage thereof for the
purpose of impunity.

Odette E. Paguio 250 of 529


Meaning of especially
sought for, for the
purpose of impunity and
took advantage thereof.
The offender especially
sought for nighttime, when
he sought for it in order
to realize the crime with
more ease.

For the purpose of impunity


means to prevent his
(accuseds) being
recognized, or to secure
himself against detection
and punishment.

Meaning of nighttime
Nighttime is that period of
darkness beginning at the
end of dusk and ending at
dawn.

Odette E. Paguio 251 of 529


To be aggravating, the
crime must be committed
exclusively at nighttime.
If the commission of the
crime was commenced at day
time and it was
consummated at nighttime,
such is not aggravating.

Meaning of uninhabited
place
An uninhabited place is one
where there are no houses
at all, a place at a
considerable distance from
town, or where the houses
are scattered at a great
distance from each other.

Odette E. Paguio 252 of 529


This aggravating
circumstance should not be
considered when the place
where the crime was
committed could be seen and
the voice of the deceased
could be heard from a
nearby house.

That the place is


uninhabited is determined,
not by the distance of the
nearest house to the scene
of the crime, but whether
or not in the place of its
commission, there was
reasonable possibility of
the victim receiving some
help. Thus, the crime is
committed in an uninhabited
place where the killing was
done during nighttime, in a

Odette E. Paguio 253 of 529


sugarcane plantation about
a hundred meters from the
nearest house, and the
sugarcane in the field was
tall enough to obstruct the
view of the neighbors and
passersby.

Solitude must be sought to


better attain the criminal
purpose
It must appear that the
accused sought the solitude
of the place where the
crime was committed, in
order to better attain his
purpose.

The offenders must choose


the place as an aid either
(1) to an easy and
uninterrupted

Odette E. Paguio 254 of 529


accomplishment of the
criminal designs or
(2) to insure concealment
of the offense, that the
might thereby be better
secured against detection
and punishment.

Meaning of a band
Band consists of at least
four armed malefactors
organized with the
intention of carrying out
any unlawful design.

The band must be composed


of more than three armed
persons. Hence, even if
there are 20 persons, but
only 3 are armed, this
aggravating circumstance by

Odette E. Paguio 255 of 529


a band cannot be
considered.

By a band is aggravating
in crimes against property
or against persons or in
the crime of illegal
detention or treason
The aggravating
circumstance of by a band
is considered in crimes
against property. It was
taken into account also in
illegal detention and in
treason.

By a band is inherent in
brigandage
In the crime of brigandage,
which is committed by more
than three armed persons
forming a band of robbers,

Odette E. Paguio 256 of 529


the circumstance that the
crime was committed by a
band should not be
considered as aggravating,
because it is inherent in
or is necessary included in
defining the crime.
Art. 14 Paragraph 7
That the crime be committed
on the occasion of a
(1) conflagration,
(2) shipwreck,
(3) earthquake,
(4) epidemic, or
(5) other calamity or
misfortune.

Basis of this aggravating


circumstance
The basis of this
aggravating circumstance
has reference to the time

Odette E. Paguio 257 of 529


of the commission of the
crime.

Reason for the aggravation.


The reason for the
existence of this
circumstance is found in
the debased form of
criminality met in one
who, in the midst of a
great calamity, instead of
lending aid to the
afflicted, adds to their
suffering by taking
advantage of their
misfortune to despoil them.

Chaotic condition as an
aggravating circumstance
The phrase or other
calamity or misfortune
refers to other conditions

Odette E. Paguio 258 of 529


of distress similar to
those precedingly
enumerated, that is,
conflagration, shipwreck,
earthquake or epidemic.
Hence, chaotic conditions
after liberation is not
included under this
paragraph.

People vs. Lao Wan


Sing
G.R. No. L-16379, Dec.
17, 1966
18 SCRA 1076
Where defendant set
fire on his
establishment as the
fire which broke
earlier in the
neighborhood spread
out towards his place

Odette E. Paguio 259 of 529


and while the people
were going about in
confusion as a result
of the fire, the
circumstance of
taking advantage of
the confusion
occasioned by another
fire is aggravating in
the arson committed.

People vs. Arpa


No. L-26789, April 25,
1969
27 SCRA 1037
The development of
engine trouble at sea
is a misfortune, but
it does not come
within the context of
the phrase other
calamity or

Odette E. Paguio 260 of 529


misfortune, as used
in Art. 14, par. 7 of
the Revised Penal
Code, which refers to
other conditions of
distress similar to
those precedingly
enumerated therein,
namely,
conflagration,
shipwreck, earthquake
or epidemic, such as
the chaotic conditions
resulting from war or
the liberation of the
Philippines during the
last World War.

Art. 14 Paragraph 8
That the crime be committed
with
(1) armed men, or

Odette E. Paguio 261 of 529


(2) persons who insure or
afford impunity.

Basis of this aggravating


circumstance
It is based on the means
and ways of committing the
crime.

Requisites of this
aggravating circumstance.
1. That armed men or persons
took part in the
commission of the crime
direct or indirectly.
2. That the accused availed
himself of their aid or
relied upon them when the
crime was committed.

Odette E. Paguio 262 of 529


With the aid of armed men
(Par. 8), distinguished
from bay a bank (Par. 6).
By a band requires that
more than three armed
malefactors shall have
acted together in the
commission of an offense.
Aid of armed men is present
even if one of the
offenders merely relied on
their aid, for actual aid
is not necessary.

Aid of armed men is


absorbed by employment of
a band
Band may absorb aid of
armed men, since in the
existence of a band the
employment of more than

Odette E. Paguio 263 of 529


three armed men is
automatically included.

Aid of armed men includes


armed women
Aid of armed women is
aggravating in kidnapping
and serious illegal
detention.

Art. 14 Paragraph 9
That the accused is a
recidivist

Basis of this aggravating


circumstance
This is based on the
greater perversity of the
offender, as shown by his
inclination to crimes.

Odette E. Paguio 264 of 529


Recidivist defined
A recidivist is one who, at
the time of his trial for
one crime, shall have been
previously convicted by
final judgment of another
crime embraced in the same
title of the Revised Penal
code.

Requisites:
(1) That the offender is
on trial for an offense;
(2) That he was previously
convicted by final
judgment of another
crime;
(3) That both the first
and the second offenses
are embraced in the same
title of the Code;

Odette E. Paguio 265 of 529


(4) That the offender is
convicted of the new
offense.

Need allege recidivism in


information
To prove recidivism, it is
necessary to allege the
same in the information and
to attach thereto certified
copy of the sentences
rendered against the
accused.

Pardon does not obliterate


the fact that the accused
was a recidivist; but
amnesty extinguishes the
penalty and its effects.

Odette E. Paguio 266 of 529


Amnesty extinguishes the
penalty and all its
effects. There is no such
provision with respect to
pardon. Therefore, pardon
does not prevent a former
conviction from being
considered as an
aggravating circumstance.

Art. 14 Paragraph 10
That the offender has been
previously punished for
(1) an offense to which
the law attaches an equal
or greater penalty or
(2) for two or more crimes
to which it attaches a
lighter penalty

Odette E. Paguio 267 of 529


Basis of this aggravating
circumstance
The basis is the same as
that of recidivism, i.e.,
the greater perversity of
the offender as shown by
his inclination to crimes.

Requisites:
(1) That the accused is on
trial for an offense;
(2) The he previously
served sentence for
another offense to which
the law attaches an equal
or greater penalty or for
two or more crimes to
which it attaches lighter
penalty than that for the
new offense.
(3) The he is convicted of
the new offense.

Odette E. Paguio 268 of 529


Reiteracion requires that
the offender shall have
served out his sentence for
the prior offense.

If the two offenses are


embraced in the same title
of the code, irrespective
of whether the law attaches
a greater penalty for the
first offense, recidivism
and not reiteracion is
present.

Reiteracion is not always


aggravating as the Court
has the discretion to
consider it depending upon
the circumstances.

Odette E. Paguio 269 of 529


Recidivism distinguished
from reiteration
(1) In reiteracion, it is
necessary that the
offender shall have
served out his sentence
for the first offense;
whereas, in recidivism,
it is enough that a final
judgment has been
rendered in the first
offense.
(2) In reiteracion, the
previous and subsequent
offense must not be
embraced in the same

Odette E. Paguio 270 of 529


title of the Code;
whereas, recidivism,
requires that the
offenses be included in
the same title of the
Code.
(3) Reiteracion is not
always an aggravating
circumstance; whereas,
recidivism is always to e
taken into consideration
in fixing the penalty to
be imposed upon the
accused.

Four forms of repetition


are:
(1) Recidivism
(2) Reiteracion or
habituality
(3) Multi-recidivism or
habitual delinquency

Odette E. Paguio 271 of 529


(4) Quasi-recidivism

Art. 14 Paragraph 11
That the crime be committed
in consideration of
(1) price,
(2) reward or
(3) promise.

Basis
This is based on the
greater perversity of the
offender, as shown by the
motivating power itself.

When this aggravating


circumstance is present, it
affects not only the person
who received the price or

Odette E. Paguio 272 of 529


the reward, but also the
person who gave it.

Price, reward or promise


must be for the purpose of
inducing another to perform
the deed
The evidence must show that
one of the accused used
money or other valuable
consideration for the
purpose of inducing another
to perform the deed.

If without previous promise


it was given voluntarily
after the crime had been
committed as an expression
of his appreciation for the
sympathy and aid shown by
other accused, it should
not be taken into

Odette E. Paguio 273 of 529


consideration for the
purpose of increasing the
penalty.

Art. 14 Paragraph 12
That the crime be committed
by means of
(1) inundation,
(2) fire,
(3) explosion,
(4) stranding of a vessel
or intentional damage
thereto,
(5) derailment of a
locomotive, or
(6) by the use of any
other artifice involving
great waste and ruin

Odette E. Paguio 274 of 529


Basis of this aggravating
circumstance.
The basis has reference to
means and ways employed.

This is the only


aggravating circumstances
that may constitute a crime
in itself.

When there is no actual


design to kill a person in
burning a house, it is
plain arson even if a
person is killed.

People vs. Paterno, et


al.
85 Phil. 722
When the crime
intended to be

Odette E. Paguio 275 of 529


committed is arson and
somebody dies as a
result thereof, the
crime is simply arson
and the act resulting
in the death of that
person is not even an
independent crime of
homicide, it being
absorbed.

People vs. Bersabal


48 Phil. 439
When the victim was
first killed and he
accused set fire to
his house, he is
guilty of two separate
crimes of murder and
arson.

Odette E. Paguio 276 of 529


People vs.
Comporedondon
47 O.G. 779
If a hand grenade was
thrown into a house
and as a result of the
explosion, the house
was damaged but no one
was injured, the crime
committed is the crime
involving destruction.

If the explosion was


used as a means to
kill the occupant, who
died as a consequence,
the crime will be
murder.

Odette E. Paguio 277 of 529


Art. 14 Paragraph 13
That the crime be committed
with evidence
premeditation.

Basis of this aggravating


circumstance
The basis has reference to
the ways of committing the
crime, because evident
premeditation implies a
deliberate planning of the
act before executing it.

Essence of premeditation
The essence of
premeditation is that the

Odette E. Paguio 278 of 529


execution of criminal act
must be preceded by cool
thought and reflection upon
the resolution to carry out
the criminal intent during
the space of time
sufficient to arrive at a
calm judgment.

Requisites of evident
premeditation
The prosecution must prove-
(1) The time when the
offender determined to
commit the crime;
(2) An act manifestly
indicating that the
culprit has clung to his
determination; and
(3) A sufficient lapse of
time between the
determination and

Odette E. Paguio 279 of 529


execution, to allow him
to reflect upon the
consequences of his act
and to allow his
conscience to overcome
the resolution of his
will.

Second requisite necessary


The premeditation must be
based upon external acts
and not presumed from mere
lapse of time.

The criminal intent evident


from outward acts must be
notorious and manifest, and
the purpose and
determination must be plain
and have been adopted after
mature consideration on the
part of the persons who

Odette E. Paguio 280 of 529


conceived and resolved upon
the perpetration of the
crime, as a result of
deliberation, meditation
and reflection sometime
before its commission.

Sufficient lapse of time


defined
Evident premeditation
preceded the commission of
the crime. The slaying was
done about three hours from
the time the scheme to kill
was plotted.

Conspiracy generally
presupposes premeditation
Where conspiracy is
directly established, with
proof of the attendant
deliberation and selection

Odette E. Paguio 281 of 529


of the method, time and
means of executing the
crime, the existence of
evident premeditation can
be taken for granted.

Art. 14 Paragraph 14
That
(1) craft,
(2) fraud, or
(3) disguise
be employed.

Basis of this aggravating


circumstance

Odette E. Paguio 282 of 529


The basis has reference to
the means employed in the
commission of the crime.

Craft defined
Craft involves the use of
intellectual trickery or
cunning on the part of the
accused, it is not
attendant where the accused
was practically in a stupor
when the crime was
committed.

Craft is chicanery resorted


to by the accused to aid in
the execution of this
criminal design.

Fraud defined
Insidious words or
machinations used to induce

Odette E. Paguio 283 of 529


the victim to act in a
manner which would enable
the offender to carry out
his design.

Craft and fraud


distinguished
Where there is a direct
inducement by insidious
words or machinations,
fraud is present;
otherwise, the act of the
accused done in order not
to arouse the suspicion of
the victim constitutes
craft.

Disguise defined
Resorting to any device to
conceal identity.

Odette E. Paguio 284 of 529


The fact that the defendant
had his face blackened in
order that he should not be
recognized at the time he
committed the crime
constitutes the aggravating
circumstance of disguise.

Art. 14 Paragraph 15
That
(1) advantage be taken of
superior strength, or
(2) means be employed to
weaken the defense.

Meaning of advantage be
taken
To take advantage of
superior strength means to
use purposely excessive
force out of proportion to

Odette E. Paguio 285 of 529


the means of defense
available to the person
attacked.

When abuse of superior


strength is aggravating
The aggravating
circumstance of abuse of
superior strength depends
on the age, size and
strength of the parties.
It is considered whenever
there is a notorious
inequality of forces
between the victim and the
aggressor, assessing a
superiority of strength
notoriously advantageous
for the aggressor which is
selected or taken advantage
of by him in the commission
of the crime.

Odette E. Paguio 286 of 529


Applicable only to crimes
against persons, etc.
This circumstance is
applicable only to crimes
against persons, and
sometimes against person
and property, such as
robbery with physical
injuries or homicide.

When aggravating
circumstances is present
(1) If several persons,
all armed, attacked the
victim who is
defenseless, this
circumstance is present.
(2) In the case of four
persons, armed with
bladed instruments, while
the victim was alone,

Odette E. Paguio 287 of 529


unarmed and taken by
surprise.
(3) When four persons
confronted the victim in
his house when he just
woke up and unarmed,
indicating a show of
force to overwhelm him
and to forestall any
resistance he might have
attempted to make. This
cannot be treachery
because the accused first
confronted the deceased
and it cannot be said he
was unprepared for the
attack.
(4) They should take
advantage of their
combined strength to
consummate the crime.

Odette E. Paguio 288 of 529


When there is no
aggravating circumstances
(1) Although the offender
enjoyed superior strength
over the offended party,
if the assault was
characterized with
passion or obfuscation or
made during a quarrel,
there is no abuse of
superior strength.
(2) This circumstance
cannot be appreciated
where five armed men
chased the victim and
there is no evidence how
each attacked the victim,
that is, that they
cooperated in such a way
as to secure advantage in
their superiority in
number.

Odette E. Paguio 289 of 529


(3) If some committed the
crime as principals and
the others as
accomplices, there is no
abuse of superior
strength because it would
be inconsistent.
(4) Superiority in number
does not necessarily mean
superiority in strength.

Aggravating circumstances
absorbing band
Abuse of superior strength
absorbs band. The two
circumstances have the same
essence which is the
utilization of the combined
strength of the assailants
to overpower the victim and
consummate the killing.

Odette E. Paguio 290 of 529


Means be employed to weaken
the defense
(1) Intoxicating a victim
with intention to kill
him is characterized by
means employed to weaken
the defense.
(2) Means employed to
weaken the defense is
also characterized by
suddenly casting sand or
dirt upon the eyes of the
offended party and then
wounding him.
Means to weaken the defense
absorbed in treachery
The aggravating
circumstance of employing
means to weaken the defense
is absorbed by treachery.

Odette E. Paguio 291 of 529


Art. 14 Paragraph 16
That the act be committed
with treachery (aleviosia).

Basis of this aggravating


circumstance
The basis has reference to
the means and ways employed
in the commission of the
crime.

Meaning of treachery
There is treachery when the
offender commits any of the
crimes against the person,
employing means, methods or
forms in the execution
thereof which tend directly
and specially to insure its
execution, without risk to
himself arising from the

Odette E. Paguio 292 of 529


defense which the offended
party might make.

Rules regarding treachery


(1) Applicable only to
crimes against the
person.
(2) Means, methods or
forms need not insure
accomplishment of crime.
(3) The mode of attack
must be consciously
adopted.

Treachery may co-exist with


evident premeditation, as
when the accused quarreled
with the deceased,
threatened to kill him and
on the following day did
so, when the
surreptitiously entered the

Odette E. Paguio 293 of 529


house of the deceased and
without warning, fired at
the deceased who was shot
unaware.

Treachery cannot qualify


the crime to murder if the
information does not allege
it as a qualifying
circumstance. Accused is
only liable for homicide
aggravated by treachery.

Requisites of treachery
(1) That at the time of
the attack, the victim
was not in a position to
defend himself; and
(2) That the offender
consciously adopted the
particular means, methods

Odette E. Paguio 294 of 529


or form of attack
employed by him.

When there is treachery


(1) Treachery is present
if the deceased was
killed while bound in
such a way as to be
deprived of any
opportunity to repel the
attack or escape with any
possibility of success or
while asleep, or if the
deceased was shot wile
answering a call of
nature, or if the hands
of the deceased were tied
when attacked, or when
the accused was stabbed
the victim while the
latter was practically
helpless and unable to

Odette E. Paguio 295 of 529


put any defense, or where
the victim was shot while
lying on the floor, face
downward.
(2) Treachery is
considered against all
the offenders when there
is conspiracy.
(3) Treachery is present
although victim is shot
frontally. Successive
shots hit the two peace
officers who were caught
by surprise as a result
of which they died.
(4) Treachery is inherent
in murder by poisoning.

When there is no treachery


There is no treachery if
the killing was committed
at the spur of the moment.

Odette E. Paguio 296 of 529


Summary of the rules
(1) When the aggression is
continuous, treachery
must be present in the
beginning of the assault.
(2) When the assault was
not continuous, in that
there was an
interruption, it is
sufficient that treachery
was present at the moment
the fatal blow was given.

Art. 14 Paragraph 17
That means be employed or
circumstances brought about
which add ignominy to the
natural effects of the act.

Odette E. Paguio 297 of 529


Basis of this aggravating
circumstance
The basis has reference to
the means employed.

Ignominy, defined
Ignominy is a circumstance
pertaining to the moral
order, which adds disgrace
and obloquy to the material
injury caused by the crime.

Applicable to crimes
against chastity, less
serious physical injuries,
light or grave coercion and
murder.
This aggravating
circumstance is applicable
when the crime committed is
against chastity, like
rape.

Odette E. Paguio 298 of 529


When ignominy is present
(1) When the accused raped
a woman after winding
cogon grass around his
genital organ, he thereby
augmented the wrong done
by increasing its paid
and adding ignominy
thereto.
(2) It would be present in
a case where one rapes a
married woman in the
presence of her husband
or alleged husband.
(3) Where the accused
rapes a woman in the
presence of her
betrothed.
(4) Where a woman was
successively raped by
four men.

Odette E. Paguio 299 of 529


(5) Where one of the
victims was raped in the
presence of her husband,
and the other
successively raped by
five men.
(6) Where the accused used
not only the missionary
position, i.e., male
superior, female inferior
but also the dog style of
sexual intercourse, i.e.,
entry from behind.
(7) There is ignominy when
in compelling an old
woman to confess to the
theft of clothes, the
accused maltreated her
and took off her drawers
because the removing of
her drawers could have no

Odette E. Paguio 300 of 529


other purpose but to put
her to shame.

Art. 14 Paragraph 18
That the crime be committed
after an unlawful entry.

Basis of this aggravating


circumstance
The basis has reference to
the means and ways employed
to commit the crime.

Meaning of unlawful entry


Unlawful entry exist when
an entrance into a building
is made by a way not
intended for the purpose.
Entering through the window
is unlawful entry.

Odette E. Paguio 301 of 529


Unlawful entry to be
aggravating must be for the
purpose of entrance and not
for the purpose of escape.
It must be alleged in the
information to qualify the
crime to robbery;
otherwise, the crime will
be theft.

But breaking of the


shutters and the framing of
the door to insure the
element of surprise does
not aggravate the
commission of the crime.

Reason of this circumstance


The unlawful entrance must
be made for the purpose of
committing a crime like
rape or murder.

Odette E. Paguio 302 of 529


But it is inherent in the
crime of trespass to
dwelling and in robbery
with force upon things.

Art. 14 Paragraph 19
That as a means to the
commission of a crime,
(1) a wall,
(2) roof,
(3) door, or
(4) window
be broken.

Basis of this aggravating


circumstance
The basis has reference to
means and ways employed to
commit the crime.

Odette E. Paguio 303 of 529


Where breaking of door or
window is lawful
An officer, in order to
make an arrest, may break
open a door or window of
any building in which the
person to be arrested is or
is reasonably believed to
be, if he is refused
admission after he has
announced his authority and
purpose.

Art. 14 Paragraph 20
That the crime be committed
(1) with the aid of
persons under fifteen
years of age, or

Odette E. Paguio 304 of 529


(2) by means of motor
vehicles, airships, or
other similar means.

Basis of the aggravating


circumstances
The basis has reference to
means and ways employed to
commit the crime.

By means of motor
vehicles
Use of motor vehicle is
aggravating where the
accused used the motor
vehicle in going to the
place of the crime, in
carrying away the effects
thereof, and in
facilitating their escape.

People vs. Garcia

Odette E. Paguio 305 of 529


No. L-32071, July 9,
1981
105 SCRA 325
Where it appears that
the use of motor
vehicle was merely
incidental and was not
purposely sought to
facilitate the
commission of the
offense or to render
the escape of the
offender easier and
his apprehension
difficult, the
circumstance is not
aggravating.

Or other similar means


The expression should be
understood as referring to
motorized vehicles or other

Odette E. Paguio 306 of 529


efficient means of
transportation similar to
automobile or airplane.

Thus, if the culprit,


before committing and after
committing the crime, rode
in a bicycle and escaped,
there is no aggravating
circumstance. But it is
aggravating if he used a
motorcycle.

Art. 14 Paragraph 21
That the wrong done in the
commission of the crime be
deliberately augmented by
causing other wrong not
necessary for its
commission.

Odette E. Paguio 307 of 529


Basis of this aggravating
circumstance
The basis has reference to
ways employed in committing
the crime.

Odette E. Paguio 308 of 529


Cruelty defined
There is cruelty when the
culprit enjoys and delights
in making his victim suffer
slowly and gradually,
causing him unnecessary
physical paid in the
consummation of the
criminal act.

For cruelty to be
aggravating, it is
essential that the wrong
done was intended to
prolong the suffering of
the victim, causing him
unnecessary moral and
physical pain.

Requisites of cruelty

Odette E. Paguio 309 of 529


(1) That the injury caused
be deliberately increased
by causing other wrong;
(2) That the other wrong
be unnecessary for the
execution of the purpose
of the offender.

Cruelty refers to physical


suffering of victim
purposely intended by
offender
Cruelty requires deliberate
prolongation of the
physical suffering of
victim.

Cruelty considered in
extracting victims eye and
stuffing his mouth with mud
After hog-tying the victim,
the accused extracted the

Odette E. Paguio 310 of 529


victims left eye from its
socket with the pointed end
of his cane and also
stuffed the victims mouth
with mud.

No cruelty when other wrong


was done after victim was
dead
Neither may be consider the
circumstance of cruelty as
found by the trial court,
because there is no showing
that the other wounds found
on the bodies of the
victims were inflicted
unnecessarily while they
were still alive in order
to prolong their physical
suffering.

Odette E. Paguio 311 of 529


Ignominy distinguished from
cruelty
Ignominy involves moral
suffering, while cruelty
refers to physical
suffering.

Odette E. Paguio 312 of 529


Chapter Five
ALTERNATIVE CIRCUMSTANCES

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

Basis of the alternative


circumstances
The basis is the nature and
effects of the crime and
the other conditions
attending its commission.

Art. 15. Their concept.


Odette E. Paguio 313 of 529
Alternative circumstances are those
which must be taken into
consideration as aggravating or
mitigating according to the nature and
effects of the crime and the other
conditions attending its commission.

They are the


(1) relationship,
(2) intoxication and
(3) the degree of instruction and
education of the offender.

The alternative circumstance of


relationship shall be taken into
consideration when the offended party
is the
(a) spouse,
(b) ascendant,
(c) descendant,

Odette E. Paguio 314 of 529


(d) legitimate, natural, or adopted
brother or sister, or
(e) relative by affinity in the same
degrees of the offender.

The intoxication of the offender shall


be taken into consideration as a
mitigating circumstances when the
offender has committed a felony in a
state of intoxication,
(a) if the same is not habitual or
(b) subsequent to the plan to commit
said felony
(c) but when the intoxication is
habitual or intentional, it shall be
considered as an aggravating
circumstance.

Kinds of alternative
circumstances
(1) Relationship

Odette E. Paguio 315 of 529


(2) Intoxication, and
(3) Degree of instruction
and education of the
offender.

Odette E. Paguio 316 of 529


Relationship when
mitigating and when
aggravating
(1) Relationship is
mitigating in crimes
against property by
analogy to the provision
of Art. 332. But in
theft, estafa and
malicious mischief,
relationship is
exempting.
(2) Relationship is
mitigating in the crimes
of robbery, usurpation,
fraudulent insolvency and
arson.
(3) Relationship is
aggravating in crimes
against persons if the
offended party is a
relative of higher degree

Odette E. Paguio 317 of 529


or when the offender and
the offended party are
relatives of the same
level.
(4) Relationship is
mitigating if the
offended party is of a
lower degree than that of
the offender. The
exception is the crime of
serious physical injuries
if committed against the
offenders child provided
the same were not due to
excessive chastisement
except if the offender is
the parent.
(5) But if the
relationship is an
element of the crime as
in parricide, it is

Odette E. Paguio 318 of 529


neither aggravating nor
mitigating.
(6) In crimes against
chastity, relationship is
aggravating whether the
offender is of a higher
or lower degree than that
of the offended party.
It is due to the nature
of the crime.

Intoxication when
mitigating and when
aggravating
Intoxication is mitigating
if it is not habitual or it
is not subsequent tot he
plan of the commission of a
felony. It is aggravating
if it is habitual or
intentional.

Odette E. Paguio 319 of 529


Degree of instruction and
education/lack of education
when mitigating and when
aggravating
In the degree of
instruction and education
of the offender, the court
considers not only
illiteracy but the lack of
intelligence of the
offender. If one is unable
to write but is highly and
exceptionally intelligent
or mentally alert that he
easily realizes the
significance of his act,
there is no mitigating
circumstance.

Odette E. Paguio 320 of 529


Title Two
PERSONS CRIMINALLY LIABLE FOR
FELONIES

Art. 16. Who are criminally liable.

The following are criminally liable for


grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.

The following are criminally liable for


light felonies:
1. Principals
2. Accomplices.

Active subject and passive


subject of crime
In all crimes there are
always two parties, namely:
the active subject (the
Odette E. Paguio 321 of 529
criminal) and the passive
subject (the injured party)

Art. 16 of the Code


enumerates the active
subjects of the crime.

Only natural persons can be


active subject of crime
Only natural persons can be
the active subject of crime
because of the highly
personal nature of the
criminal responsibility.

Officers, not the


corporation, are criminally
liable
A corporation can act only
through its officers or
incorporators, and that as
regards a violation of the

Odette E. Paguio 322 of 529


law committed by an officer
of a corporation, in the
exercise of his duties, he
answers criminally for his
acts, and not the
corporation to which he
belongs, for being an
artificial person, it
cannot be prosecuted
criminally.

Passive subject of crime


The passive subject of a
crime is the holder of the
injured right: the man,
the juristic person, the
group, and the State.

Thus, while a corporation


or partnership cannot be
the active subject, it can

Odette E. Paguio 323 of 529


be a passive subject of a
crime.

Odette E. Paguio 324 of 529


Art. 17. Principals.

The following are considered


principals:
1. Those who take a direct part in the
execution of the act;
2. Those who directly force or induce
others to commit it;
3. Those who cooperate in the
commission of the offense by
another act without which it would
not have been accomplished.

Par. 1 Principals by
Direct Participation
They are those who,
participating in the
criminal design, proceed to
carry out their plan and
personally take part in its
execution.

Odette E. Paguio 325 of 529


Two or more offenders as
principals by direct
participation
Two or more persons may
take direct part in the
execution of the act, in
which case they may be
principals by direct
participation.

It is essential that there


be conspiracy or unity of
purpose and intention.

Conspiracy
A conspiracy exist when two
or more persons come to an
agreement concerning the
commission of a felony and
decide to commit it. (Art.
8, par. 2)

Odette E. Paguio 326 of 529


Two or more persons who
took part in the commission
of the crime are principals
by direct participation,
when the following
requisites are present:
(1) That they participated
in the criminal
resolution;
(2) That they carried out
their plan and personally
took part in its
execution by acts which
directly tended to the
same end.

People vs. Gensola


No. L-24491, Sept. 30,
1969
29 SCRA 483
Silence is not a
circumstance

Odette E. Paguio 327 of 529


indicating
participation in the
same criminal design.

People vs. Padrones


GR. No. 85823, Sept.
13, 1990
189 SCRA 496
It has been held that
conspiracy transcends
companionship. Hence,
the fact that the two
accused may have
happened to leave
together, and one of
them left a closing
warning to the victim,
cannot instantly
support a finding of
conspiracy.

Odette E. Paguio 328 of 529


People vs. Gupo
GR. No. 75814, Sept.
24, 1990
190 SCRA 7
It is sufficient that
at the time of the
aggression, all the
accused manifested by
their acts a common
intent or desire to
attack so that the act
of one accused becomes
the act of all.

People vs. Mateo Jr.


GR. No. 53926-29, Nov.
13, 1989
179 SCRA 303
Conspiracy need not be
proved by direct
evidence. It not be
shown that the parties

Odette E. Paguio 329 of 529


actually came together
and agreed in express
terms to enter into
and pursue a common
design.

People vs. Carcedo


GR No. 48085, June 26,
1991
198 SCRA 503
Conspiracy is shown
where the offenders
were all present at
the scene of the
crime, acted in
concert in attacking
the victims,
assaulting and beating
them up and chasing
them and stabbing them
and in divesting them
of their watches, gold

Odette E. Paguio 330 of 529


rings and money, and
after bloody slaying
were done, they fled
from the scend and
went their separate
ways.

People vs. Ancheta


66 Phil. 638
Conspiracy may be
implied from the
circumstances
attending the
commission of the
crime, it is
nevertheless a rule
that conspiracy must
be established by
positive and
conclusive evidence.

Odette E. Paguio 331 of 529


Conspirator is not liable
for anothers crime which
is not an object of the
conspiracy or which is not
a necessary and logical
consequence thereof
Acts done outside the
contemplation of the co-
conspirators or which are
not the necessary and
logical consequence of the
intended crime, only the
actual perpetrators are
liable.

Par. 2 Principals by
Induction
Those who directly force or
induce others to commit
it. Those who directly
induce others to commit the

Odette E. Paguio 332 of 529


act are called principals
by inducement.

The word inducement


comprises price, promise of
reward, command, and pacto.

Two ways of becoming


principal by induction
(1) by directly forcing
another to commit a
crime, and
(2) by directly inducing
another to commit a
crime.

By directly forcing another


to commit a crime
(1) By using irresistible
force.
(2) By causing
uncontrollable fear.

Odette E. Paguio 333 of 529


By directly inducing
another to commit a crime
(1) By giving price, or
offering reward or
promise.
(2) By using words of
command.

Requisites
In order that a person may
be convicted as a principal
by inducement, the
following requisites must
be present:
(1) That the inducement be
made directly with the
intention of procuring
the commission of the
crime; and
(2) That such inducement
be the determining cause

Odette E. Paguio 334 of 529


of the commission of the
crime by the material
executor.

Meaning of the second


requisite
It is necessary that the
inducement be the
determining cause of the
commission of the crime by
the principal by direct
participation, that is,
without such inducement the
crime would not have been
committed.

Par. 3
Principals by Indispensable
Cooperation
Those who cooperate in the
commission of the offense
by another act without

Odette E. Paguio 335 of 529


which it would not have
been accomplished.

Meaning of the term


cooperate
To cooperate means to
desire or wish in common a
thing. But that common
will or purpose does not
necessarily mean previous
understanding, for it can
be explained or inferred
from the circumstances of
each case.

Requisites
(1) Participation in the
criminal resolution, that
is, there is either
anterior conspiracy or
unity of criminal purpose
and intention immediately

Odette E. Paguio 336 of 529


before the commission of
the crime charged; and
(2) Cooperation in the
commission of the offense
by performing another
act, without which it
would not have been
accomplished.

Odette E. Paguio 337 of 529


Art. 18. Accomplices.

Accomplices are those persons who,


(1) not being included in Art. 17,
(2) cooperate in the execution of the
offense by previous or simultaneous
acts.

not being included in Art.


17
When there is no conspiracy
between or among the
defendants but they were
animated by one and the
same purpose to accomplish
the criminal objective,
those who cooperated by
previous or simultaneous
acts but cannot be held
liable as principals are
accomplices.

Odette E. Paguio 338 of 529


In case of doubt as to
whether principal or
accomplice
In case of doubt, the
participation of the
offender will be considered
that of an accomplice
rather than that of a
principal.

Requisites to consider a
person an accomplice
1. That there be community
of design; that is,
knowing the criminal
design of the principal
by direct participation,
he concurs with the
latter in his purpose;
2. That he cooperates in the
execution of the offense
by previous or

Odette E. Paguio 339 of 529


simultaneous acts, with
the intention of
supplying material or
moral aid in the
execution of the crime in
an efficacious way; and
3. That there be a relation
between the acts done by
the principal and those
attributed to the person
charged as accomplice.

How an accomplice acquires


knowledge of the criminal
design of the principal
1. When the principal
informs or tells the
accomplice of the
formers criminal
purpose.

Odette E. Paguio 340 of 529


2. When the accomplice say
the criminal acts of the
principal.

Like the principal by


cooperation under par. 3 of
Art. 17, the accomplice
cooperates with the
principal by direct
participation. But the
cooperation of an
accomplice is only
necessary, not
indispensable.

Being present and giving


moral support when a crime
is being committed will
make a person responsible
only as accomplice in the
crime committed.

Odette E. Paguio 341 of 529


People vs. Toling
No. L-28548, July 13,
1979
91 SCRA 382
Absent knowledge of
the criminal purpose
of the principal,
giving aid or
encouragement, either
morally or materially,
in the commission of
the crime, mere
presence at the scene
of the crime does not
make one an
accomplice.
The moral aid may be
through advice,
encouragement or agreement.

There must be a relation


between the criminal act of

Odette E. Paguio 342 of 529


the principal and the act
of the one charged as
accomplice.

Art. 19. Accessories.

Accessories are those who,


(a) having knowledge of the
commission of the crime, and
(b) without having participated
therein, either as principals or
accomplices,
(c) take part subsequent to its
commission in any of the following
manners:
1. By profiting themselves or
assisting the offender to profit by
the effects of the crime.
2. By concealing or destroying the
body of the crime, or the effects or

Odette E. Paguio 343 of 529


instruments thereof, in order to
prevent its discovery.
3. By harboring, concealing, or
assisting in the escape of the
principals of the crime, provided
the accessory acts with abuse of his
public functions or whenever the
author of the crime is guilty of
treason, parricide, murder, or an
attempt to take the life of the Chief
Executive, or is known to be
habitually guilty of some other
crime.

Specific acts of
accessories
(1) By profiting
themselves or assisting
the offender to profit by
the effects of the crime

Odette E. Paguio 344 of 529


(a) By profiting
themselves by the
effects of the crime.
(b) Assisting the
offender to profit by
the offects of the
crime.
(2) By concealing or
destroying the body of
the crime to prevent its
discovery.

Meaning of Body of the


Crime (corpus delicti)
It means that a specific
offense was in fact
committed by someone.

Two classes of accessories


are contemplated in
paragraph 3 of Article 19.

Odette E. Paguio 345 of 529


a. Public officer who
harbor, conceal or assist
in the escape of the
principal of any crime
(not light felony) with
abuse of his public
functions.

Requisites:
(1) The accessory is a
public officer.
(2) He harbor, conceals,
or assists in the
escape of the
principal.

b. Private persons who


harbor, conceal or assist
in the escape of the
author of the crime
guilty of treason,
parricide, murder, or an

Odette E. Paguio 346 of 529


attempt against the life
of the President, or who
is know to be habitually
guilty of some other
crime.

Requisites:
(1) The accessory is a
private person.
(2) He harbors, conceals
or assists in the
escape of the author of
the crime.
(3) The crime committed
by the principal is
either
(a) treason,
(b) parricide,
(c) murder,

Odette E. Paguio 347 of 529


(d) an attempt
against the life of
the President,
(e) that the
principal is known
to be habitually
guilty of some other
crime.

Accessories liability is
subordinate and subsequent
Where the alleged
incendiary was acquitted,
it is neither proper nor
possible to convict the
defendant as accessory.
The responsibility of the
accessory is subordinate to
that of the principal in a
crime, because the
accessorys participation
therein is subsequent to

Odette E. Paguio 348 of 529


its commission, and his
guilt is directly related
to that of the principal
delinquent in the
punishable act. If then
the facts alleged are not
proven in the prosecution
instituted, or do not
constitute a crime, no
legal grounds exists for
convicting a defendant as
accessory after the fact
for a crime not
perpetrated.

When the principal is not


yet apprehended, the
accessory may be prosecuted
and convicted
For one to be found guilty
and punished as an
accessory, it is not

Odette E. Paguio 349 of 529


necessary that there be a
principal duly convicted.
Neither the letter nor the
spirit of the law requires
that the principal be
convicted before one may be
punished as an accessory.
As long as the corpus
delicti is proved and the
accessorys participation
as such is shown, he can be
held criminally responsible
and meted out the
corresponding penalty.

Heavy penalties for


accessories in robbery and
theft.

PRESIDENTIAL DECREE
NO. 1612

Odette E. Paguio 350 of 529


ANTI-FENCING LAW OF
1979

Definition of Terms
Fencing is the act
of any person who,
with intent to gain
for himself or for
another, shall buy,
possess, keep,
acquire, conceal, sell
or dispose of, or
shall buy and sell, or
in any other manner
deal in any article,
item, object or
anything of value
which he knows, or
should be known to
him, to have been
derived from the

Odette E. Paguio 351 of 529


proceeds of the crime
of robbery or theft.

Fence includes any


person, firm,
association,
corporation or
partnership or other
organization who/which
commits the act of
fencing.

Odette E. Paguio 352 of 529


Liability of officials
of Juridical Persons
If the fence is a
partnership, firm,
corporation or
association, the
president or the
manager or any officer
thereof who knows or
should have known the
commission of the
offense shall be
liable.

Presumption of Fencing
Mere possession of any
good, article, item,
object, or anything of
value which has been
the subject of robbery
or thievery shall be

Odette E. Paguio 353 of 529


prima facie evidence
of fencing.

Accessory distinguished
from principal and
accomplice
(1) The accessory does not
take direct part or
cooperate in, or induce,
the commission of the
crime.
(2) The accessory does not
cooperate in the
commission of the offense
by acts either prior
thereto or simultaneous
therewith.
(3) The participation of
the accessory in all
cases always takes place
after the commission of
the crime.

Odette E. Paguio 354 of 529


An accessory does not
participate in the criminal
design, nor cooperate in
the commission of the
felony, but, with knowledge
of the commission of the
crime, he subsequently
takes part in any of the
three ways mentioned in
Article 19.

Art. 20. Accessories who are exempt


from criminal liability.

The penalties prescribed for


accessories shall not be imposed upon
those who are such with respect to
their
(1) spouses,
(2) ascendants,

Odette E. Paguio 355 of 529


(3) descendants, legitimate, natural,
and adopted brothers and sisters, or
(4) relatives by affinity within the
same degrees,

with the single exception of accessories


falling within the provisions of
paragraph 1 of the next preceding
article.

Odette E. Paguio 356 of 529


Title Three
PE NALT I E S

Chapter One
PENALTIES IN GENERAL

Penalty defined
Penalty is the suffering
that is inflicted by the
State for the transgression
of a law.

Different juridical
conditions of penalty
(1) Must be productive of
suffering, without
however affecting the
integrity of the human
personality.
(2) Must be commensurate
with the offense.

Odette E. Paguio 357 of 529


(3) Must be personal
(4) Must be legal.
(5) Must be certain.
(6) Must be equal for all.
(7) Must be correctional.

Purpose of the State in


Punishing Crimes
For justice, because the
State has an existence of
its own to maintain, a
conscience to assert and
moral principles to be
vindicated. Penal justice
rests primarily on the
moral rightfulness of the
punishment imposed.

Theories Justifying Penalty


(1) Absolute theory an
act of retributive
justice, a vindication of

Odette E. Paguio 358 of 529


absolute right and moral
law violated by the
criminal.
(2) Relative theory
(a)Prevention to
prevent or suppress of
danger to the state
arising from crimes;
(b)Self defense- to
protect society from
the wrong or threat
inflicted by the
offender;
(c)Reformation to
correct and reform the
offender; and
(d)Exemplary to deter
others from committing
crimes;

Constitution restriction on
penalties

Odette E. Paguio 359 of 529


(1) Excessive fines shall
not be imposed, nor
cruel, degrading or
inhuman punishment
inflicted.
(2) Death penalty shall
not be imposed, unless,
for compelling reasons
involving heinous crimes.
(3) Punishment is cruel
and unusual if the form
or character of the
punishment rather than
its severity in respect
of duration or amount has
been regarded as cruel
and unusual by public
sentiments as those
inflicted at the whipping
post, or in the pillory,
burning at stake,
breaking on the wheel,

Odette E. Paguio 360 of 529


disemboweling and the
like.

Art. 21. Penalties that may be imposed.

No felony shall be punishable by any


penalty not prescribed by law prior to
its commission.

Art. 22. Retroactive effect of penal laws.

Penal Laws shall have a retroactive


effect insofar
(1) as they favor the persons guilty of
a felony,
(2) who is not a habitual criminal, as
this term is defined in Rule 5 of
Article 62 of this Code, although at
the time of the publication of such
laws a final sentence has been

Odette E. Paguio 361 of 529


pronounced and the convict is
serving the same.

Who is a habitual criminal


A person shall be deemed to
be a habitual delinquent if
within a period of ten
years from the date of his
release or last conviction
of the crimes of serious or
less serious physical
injuries, robbery, theft,
estafa, or falsification,
he is found guilty of any
said crimes a third time or
oftener.

Art. 23. Effect of pardon by the offended


party.

A pardon of the offended party


(1) does not extinguish criminal action
Odette E. Paguio 362 of 529
(2) except as provided in Article 344 of
this Code;
(3) but civil liability with regard to the
interest of the injured party is
extinguished by his express waiver.

Javier vs. People


70 Phil. 550
The criminal action in
public crimes is not
extinguished. Thus,
the criminal liability
for estafa is not
affected by compromise
or novation of
contract, for it is a
public offense which
must be prosecuted and
punished by the
government in its own
motion even though
complete reparation

Odette E. Paguio 363 of 529


should have been made
of the damages
suffered by the
offended party.

People vs. Miranda


G.R. No. L-16122, May
30, 1961
Reimbursement of, or
compromise as to the
amount of the crime
affects only the civil
liability but does not
relieve him from the
penalty prescribed by
law for the offense
comitted.

Odette E. Paguio 364 of 529


Except as provided in Art.
344 of this Code (private
crimes)
Private crimes such as
rape, seduction, abduction,
acts of lasciviousness,
adultery and concubinage,
the criminal action is
barred if:
(a) the pardon is made
before the institution of
the action;
(b) in adultery or
concubinage, the pardon
refers to both offenders,
which either be expressed
or implied;
(c) in rape and other
private crimes, the
pardon must be expressed;
and

Odette E. Paguio 365 of 529


(d) the marriage between
the offender and the
offended party totally
extinguishes the criminal
liability of the
offender.

The civil liability with


respect to the interest of
the injured party in any
crime, whether public or
private, is extinguished by
express waiver.

Art. 24. Measures of prevention or


safety which are nor considered penalties.

The following shall not be considered


as penalties:
1.The arrest and temporary detention
of accused persons, as well as their
Odette E. Paguio 366 of 529
detention by reason of insanity or
imbecility, or illness requiring their
confinement in a hospital.
2.The commitment of a minor to any
of the institutions mentioned in
Article 80 and for the purposes
specified therein.
3.Suspension from the employment of
public office during the trial or in
order to institute proceedings.
4.Fines and other corrective measures
which, in the exercise of their
administrative disciplinary powers,
superior officials may impose upon
their subordinates.
5.Deprivation of rights and the
reparations which the civil laws may
establish in penal form.

Odette E. Paguio 367 of 529


Chapter Two
CLASSIFICATION OF PENALTIES

Art. 25. Penalties which may be


imposed.

The penalties which may be imposed


according to this Code, and their
different classes, are those included in
the following:

Scale

PRINCIPAL PENALTIES
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary
absolute disqualification,

Odette E. Paguio 368 of 529


Perpetual or temporary special
disqualification,
Prision mayor.
Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties:
Arresto menor,
Public censure.
Penalties common to the three
preceding classes:
Fine, and
Bond to keep the peace.

ACCESSORY PENALTIES
Perpetual or temporary absolute
disqualification,
Perpetual or temporary special
disqualification,

Odette E. Paguio 369 of 529


Suspension from public office, the
right to vote and be voted for, the
profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of
instruments and proceeds of the offense,
Payment of costs.

Public censure is a penalty


Censure, being a penalty,
is not proper in acquittal.

Court acquitting the


accused may criticize his
acts or conduct
But a competent court,
while acquitting an
accused, may permit itself
nevertheless to criticize
or reprehend his acts and
conduct in connection with
Odette E. Paguio 370 of 529
the transaction out of
which the accusation arise.

Art. 26. When afflictive, correctional, or


light penalty.

A fine, whether imposed as a single of


as an alternative penalty, shall be
(1) considered an afflictive penalty, if
it exceeds 6,000 pesos;
(2) a correctional penalty, if it does
not exceed 6,000 pesos but is not less
than 200 pesos; and
(3) a light penalty if it less than 200
pesos.

Odette E. Paguio 371 of 529


Chapter Three
DURATION AND EFFECTS OF
PENALTIES

Section One. Duration of Penalties

Art. 27. Reclusion perpetua.

Any person sentenced to any of the


perpetual penalties shall be
(1) pardoned after undergoing the
penalty for thirty years,
(2) unless such person by reason of his
conduct or some other serious cause
shall be considered by the Chief
Executive as unworthy of pardon.

Reclusion temporal.

The penalty of reclusion temporal


shall be

Odette E. Paguio 372 of 529


(1) from twelve years and one day to
twenty years.

Prision mayor and temporary


disqualification.
The duration of the penalties of
prision mayor and temporary
disqualification shall be
(1) from six years and one day to
twelve years,
(2) except when the penalty of
disqualification is imposed as an
accessory penalty, in which case its
duration shall be that of the
principal penalty.

Prision correccional, suspension, and


destierro.
The duration of the penalties of
prision correccional, suspension and
destierro

Odette E. Paguio 373 of 529


(1) shall be from six months and one
day to six years,
(2) except when suspension is imposed
as an accessory penalty, in which
case, its duration shall be that of the
principal penalty.

Arresto mayor.
The duration of the penalty of arresto
mayor
(1) shall be from one month and one
day to six months.

Arresto menor.
The duration of the penalty of arresto
menor
(1) shall be from one day to thirty
days.

Bond to keep the peace.

Odette E. Paguio 374 of 529


The bond to keep the peace shall be
required to cover such period of time
as the court may determine.

Duration of each of
different penalties

Reclusion 20 years and


perpetua 1 day to 40
years
Reclusion 12 years and
temporal 1 day to 20
years
Prision 6 years and
mayor and 1 day to 12
Temporary years
disqualific
Odette E. Paguio 375 of 529
ation except when
disqualifica
tion is
accessory
penalty, in
which case
its duration
is that of
the
principal
penalty.

Prision 6 months and


correction, 1 day to 6
Suspension, years
and
destierro except when
suspension
is an
accessory
penal, in
which case

Odette E. Paguio 376 of 529


its duration
is that of
the
principal
penalty.

Arresto 1 month and


mayor 1 day to 6
months
Arresto 1 day to 30
menor days

Bond to The period


keep the during which
peace the bond
shall be
effective is
discretionar
y on the
court.

Odette E. Paguio 377 of 529


Art. 28. Computation of penalties.

If the offender shall be in prison, the


term of the duration of the temporary
penalties shall be computed
(1) from the day on which the
judgment of conviction shall have
become final.

If the offender be not in prison, the


term of the duration of the penalty
consisting of deprivation of liberty
shall be computed from
(1) the day that the offender is placed
at the disposal of the judicial
authorities for the enforcement of
the penalty.
(2) The duration of the other penalties
shall be computed only from the
day on which the defendant
commences to serve his sentence.

Odette E. Paguio 378 of 529


Odette E. Paguio 379 of 529
Art. 29. Period of preventive
imprisonment deducted from term of
imprisonment.

Offenders who have undergone


preventive imprisonment shall be
(1) credited in the service of their
sentence consisting of deprivation of
liberty, with the full time during
which they have undergone
preventive imprisonment,
(2) if the detention prisoner agrees
voluntarily in writing to abide by
the same disciplinary rules imposed
upon convicted prisoners,

except in the following cases:


1. When they are recidivists or have
been convicted previously twice or
more times of any crime; and

Odette E. Paguio 380 of 529


2. When upon being summoned for
the execution of their sentence they
have failed to surrender voluntarily.

If the detention prisoner does not


agree to abide by the same
disciplinary rules imposed upon
convicted prisoners,
(1) he shall be credited in the service
of his sentence with four-fifths of the
time during which he has undergone
preventive imprisonment.

Whenever an accused has undergone


preventive imprisonment
(1) for a period equal to or more than
the possible maximum
imprisonment of the offense charged
to which he may be sentenced and
his case is not yet terminated,

Odette E. Paguio 381 of 529


(2) he shall be released immediately
without prejudice to the
continuation of the trial thereof or
the proceeding on appeal, if the
same is under review.
(3) In case the maximum penalty to
which the accused may be sentenced
is destierro, he shall be released
after thirty (30) days of preventive
imprisonment.

Odette E. Paguio 382 of 529


Section Two. Effects of the penalties
according to
their respective nature

Art. 30. Effects of the penalties of


perpetual or temporary absolute
disqualification.

The penalties of perpetual or


temporary absolute disqualification
for public office shall produce the
following effects:
1. The deprivation of the public
offices and employments which the
offender may have held even if
conferred by popular election.
2. The deprivation of the right to vote
in any election for any popular office
or to be elected to such office.
3. The disqualification for the offices
or public employments and for the

Odette E. Paguio 383 of 529


exercise of any of the rights
mentioned.

In case of temporary
disqualification, such
disqualification as is comprised in
paragraphs 2 and 3 of this article
shall last during the term of the
sentence.

4. The loss of all rights to retirement


pay or other pension for any office
formerly held.

Art. 31. Effect of the penalties of perpetual


or temporary special disqualification.

The penalties of perpetual or temporal


special disqualification for public
office, profession or calling shall
produce the following effects:

Odette E. Paguio 384 of 529


1. The deprivation of the office,
employment, profession or calling
affected;
2. The disqualification for holding
similar offices or employments
either perpetually or during the
term of the sentence according to the
extent of such disqualification.

Art. 32. Effect of the penalties of perpetual


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
(1) deprive the offender perpetually or
during the term of the sentence,
according to the nature of said
penalty,

Odette E. Paguio 385 of 529


(2) of the right to vote in any popular
election for any public office or
(3) to be elected to such office.
(4) Moreover, the offender shall not be
permitted to hold any public office
during the period of his
disqualification.

Odette E. Paguio 386 of 529


Art. 33. Effects of the penalties of
suspension from any public office,
profession or calling, or the right of
suffrage.

The suspension from


(a) public office,
(b) profession or calling, and
(c) the exercise of the right of suffrage
shall disqualify the offender from
holding such office or exercising such
profession or calling or right of
suffrage during the term of the
sentence.

The person suspended from holding


public office shall not
(1) hold another having similar
functions during the period of his
suspension.

Odette E. Paguio 387 of 529


Art. 34. Civil interdiction.

Civil interdiction shall deprive the


offender during the time of his
sentence of the rights of
(1) parental authority, or
(2) guardianship,
(3) either as to the person or property
of any ward, of marital authority,
(4) 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. 35. Effects of bond to keep the


peace.

It shall be the duty of any person


sentenced to give bond to keep the
peace,

Odette E. Paguio 388 of 529


(1) to present two sufficient sureties
who shall undertake that such
person will not commit the offense
sought to be prevented, and
(2) that in case such offense be
committed they will pay the amount
determined by the court in the
judgment, or otherwise to deposit
such amount in the office of the
clerk of the court to guarantee said
undertaking.

The court shall determine, according


to its discretion, the period of duration
of the bond.

Should the person sentenced fail to


give the bond as required he shall
(10 be detained for a period which
shall in no case exceed six months,

Odette E. Paguio 389 of 529


(11 is he shall have been prosecuted
for a grave or less grave felony, and
shall not exceed thirty days, if for a
light felony.

Odette E. Paguio 390 of 529


Art. 36. Pardon; its effect.

A pardon shall not work


(1) the restoration of the right to hold
public office, or
(2) the right of suffrage,
(3) unless such rights be expressly
restored by the terms of the pardon.

A pardon shall in no case exempt the


culprit from
(1) the payment of the civil indemnity
imposed upon him by the sentence.

Art. 37. Cost. What are included.

Costs shall include


(1) fees and
(2) indemnities

Odette E. Paguio 391 of 529


in the course of the judicial
proceedings, whether they be fixed or
unalterable amounts previously
determined by law or regulations in
force, or amounts not subject to
schedule.

The following are included


in costs:
(1) Fees, and
(2) Indemnities, in the
course of judicial
proceedings.

Costs are chargeable to the


accused in case of
conviction.
Costs which are expenses of
litigation are chargeable
to the accused only in
cases of conviction. In
case of acquittal, the

Odette E. Paguio 392 of 529


costs are de oficio, each
party bearing his own
expenses.

Art. 38. Pecuniary liabilities. Order


of payment.

In case the property of the offender


should not be sufficient for the
payment of all his pecuniary
liabilities, the same shall be met in the
following order:
1. The reparation of the damage
caused.
2. Indemnification of consequential
damages.
3. The fine.
4. The cost of the proceedings.

Odette E. Paguio 393 of 529


Pecuniary liabilities of
persons criminally liable
(RIFC)
(1) Reparation of the
damage caused.
(2) Indemnification of the
consequential damages.
(3) Fine.
(4) Cost of proceedings.
(5)

Odette E. Paguio 394 of 529


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,
(a) he shall be subject to a subsidiary
personal liability
(b) 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,
(a) he shall remain under
confinement until his fine
referred to in the preceding
paragraph is satisfied,
(b) but his subsidiary
imprisonment shall not exceed

Odette E. Paguio 395 of 529


one-third of the term of the
sentence, and
(c) 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,
(a) the subsidiary imprisonment
shall not exceed six months,
(b) if the culprit shall have been
prosecuted for a grave or less
grave felony, and
(c) shall not exceed fifteen days, if
for a light felony.

3. When the principal imposed is


higher than prision correccional,

Odette E. Paguio 396 of 529


(a) 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 consists.

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.

Odette E. Paguio 397 of 529


Section Three.
Penalties in which other accessory penalties
are inherent

Art. 40. Death Its accessory


penalties.

The death penalty, when it is not


executed by reason of commutation or
pardon shall
(1) carry with it that of perpetual
absolute disqualification and
(2) that of civil interdiction during
thirty years following the date
sentence,
(3) unless such accessory penalties
have been expressly remitted in the
pardon.

Odette E. Paguio 398 of 529


Art. 41. Reclusion perpetua and
reclusion temporal. Their accessory
penalties.

The penalties of reclusion perpetua


and reclusion temporal shall carry
with them
(1) that of civil interdiction for life or
during the period of the sentence as
the case may be, and
(2) that of perpetual absolute
disqualification which the offender
shall suffer even though pardoned as
to the principal penalty,
(3) unless the same shall have been
expressly remitted in the pardon.

Art. 42. Prision mayor Its accessory


penalties.

Odette E. Paguio 399 of 529


The penalty of prision mayor, shall
carry with it that of
(1) temporary absolute
disqualification and
(2) that of perpetual special
disqualification from the right of
suffrage
(3) which the offender shall suffer
although pardoned as to the
principal penalty,
(4) unless the same shall have been
expressly remitted in the pardon.

Art. 43. Prision correccional Its


accessory penalties.

The penalty of prision correccional


shall carry with it that
(1) of suspension from public office,

Odette E. Paguio 400 of 529


(2) from the right to follow a
profession or calling, and
(3) that of perpetual special
disqualification from the right of
suffrage, if the duration of said
imprisonment shall exceed eighteen
months.
(4) The offender shall suffer the
disqualification provided in the
article although pardoned as to the
principal penalty,
(5) unless the same shall have been
expressly remitted in the pardon.

Odette E. Paguio 401 of 529


Art. 44. Arresto Its accessory
penalties.

The penalty of arresto shall carry with


it that of
(1) suspension of the right too hold
office and
(2) the right of suffrage during the
term of the sentence.

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
(1) the forfeiture of the proceeds of
the crime and
(2) the instruments or tools with
which it was committed.

Odette E. Paguio 402 of 529


Such proceeds and instruments or
tools shall be
(1) confiscated and forfeited in favor
of the Government,
(2) unless they be property of a third
person not liable for the offense, but
those articles which are not subject
of lawful commerce shall be
destroyed.

Odette E. Paguio 403 of 529


Chapter Four
APPLICATION OF PENALTIES

Section One.
Rules for the application of penalties to the
persons criminally liable and for the
graduation of the same.

Art. 46. Penalty to be imposed upon


principals in general.

The penalty prescribed by law for the


commission of a felony shall be
imposed upon the principals in the
commission of such felony.

Whenever the law prescribes a penalty


for a felony is general terms,
(1) it shall be understood as
applicable to the consummated felony.

Odette E. Paguio 404 of 529


Art. 47. In what cases the death penalty
shall not be imposed.

The death penalty shall be imposed in


all cases in which it must be imposed
under existing laws,

except in the following cases:


1. When the guilty person be more
than seventy years of age.
2. When upon appeal or revision of
the case by the Supreme court,
(a) all the members thereof are not
unanimous in their voting as to
the propriety of the imposition of
the death penalty.
(b) For the imposition of said
penalty or for the confirmation
of a judgment of the inferior
court imposing the death
sentence, the Supreme Court

Odette E. Paguio 405 of 529


shall render its decision per
curiam, which shall be signed by
all justices of said court,
(c) unless some member or
members thereof shall have been
disqualified from taking part in
the consideration of the case, in
which even the unanimous vote
and signature of only the
remaining justices shall be
required.

Crimes punishable by death


penalty
(1) Treason,
(2) Piracy,
(3) Qualified piracy,
(4) Qualified bribery,
(5) Parricide,
(6) Murder,
(7) Infanticide,

Odette E. Paguio 406 of 529


(8) Kidnapping and serious
illegal detention,
(9) Robbery with homicide,
(10) Destructive arson,
(11) Rape with homicide,
(12) Plunder,
(13) Certain violations of
Dangerous Drugs Act, and
(14) Carnapping.
Art. 48. Penalty for complex crimes.

When a single act constitutes


(1) two or more grave or less grave
felonies, or
(2) when an offense is a necessary
means for committing the other,
the penalty for the most serious crime
shall be imposed, the same to be
applied in its maximum period.

Requisites:

Odette E. Paguio 407 of 529


(1) That only a single act
is performed by the
offender.
(2) That the single act
produces:
(a) two or more grave
felonies, or
(b) one or more grave
and one or more less
grave felonies, or
(c) two or more less
grave felonies.

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:
Odette E. Paguio 408 of 529
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 period.
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

Odette E. Paguio 409 of 529


case the penalty provided for the
attempted or the frustrated crime
shall be imposed in its maximum
period.

Art. 50. Penalty to be imposed upon


principals of a frustrated crime.

The penalty next lower in degree than


that prescribed by law for the
consummated felony shall be imposed
upon the principal in a frustrated
felony.

Art. 51. Penalty to be imposed upon


principals of attempted crimes.

A penalty lower by two degrees than


that prescribed by law for the
consummated felony shall be imposed

Odette E. Paguio 410 of 529


upon the principals in an attempt to
commit a felony.

Odette E. Paguio 411 of 529


Art. 52. Penalty to be imposed upon
accomplices in consummated crime.

The penalty next lower in degree than


that prescribed by law for the
consummated shall be imposed upon
the accomplices in the commission of a
consummated felony.

Art. 53. Penalty to be imposed upon


accessories to the commission of a
consummated felony.

The penalty lower by two degrees than


that prescribed by law for the
consummated felony shall be imposed
upon the accessories to the
commission of a consummated felony.

Art. 54. Penalty to imposed upon


accomplices in a frustrated crime.

Odette E. Paguio 412 of 529


The penalty next lower in degree than
prescribed by law for the frustrated
felony shall be imposed upon the
accomplices in the commission of a
frustrated felony.

Art. 55. Penalty to be imposed upon


accessories of a frustrated crime.

The penalty lower by two degrees than


that prescribed by law for the
frustrated felony shall be imposed
upon the accessories to the
commission of a frustrated felony.

Art. 56. Penalty to be imposed upon


accomplices in an attempted crime.

The penalty next lower in degree than


that prescribed by law for an attempt

Odette E. Paguio 413 of 529


to commit a felony shall be imposed
upon the accomplices in an attempt to
commit the felony.

Art. 57. Penalty to be imposed upon


accessories of an attempted crime.

The penalty lower by two degrees than


that prescribed by law for the
attempted felony shall be imposed
upon the accessories to the attempt to
commit a felony.

Diagram of the application


of Arts. 50 to 57

Cons Frus Atte


umma trat mpte
ted ed d

Odette E. Paguio 414 of 529


Princi 0 1 2
pal
s

Accomp 1 2 3
lic
es

Access 2 3 4
ories

Art. 58. Additional penalty to be


imposed upon certain accessories.

Odette E. Paguio 415 of 529


Those accessories falling within the
terms of paragraphs 3 of Article 19 of
this Code who should act with abuse
of their public functions, shall suffer
the additional penalty of
(1) absolute perpetual disqualification
if the principal offender shall be
guilty of a grave felony, and
(2) that of absolute temporary
disqualification if he shall be guilty
of a less grave felony.

Art. 59. Penalty to be imposed in case of


failure to commit the crime because the
means employed or the aims sought are
impossible.

When the person intending to commit


an offense has

Odette E. Paguio 416 of 529


(1) already performed the acts for the
execution of the same
(2) but nevertheless the crime was not
produced by reason of the fact that
the act intended was by its nature
one of impossible accomplishment or
because the means employed by
such person are essentially
inadequate to produce the result
desired by him,
(3) the court, having in mind the
social danger and the degree of
criminality shown by the offender,
shall impose upon him the penalty of
arresto mayor or a fine from 200 to
500 pesos.

Penalty for impossible


crime
The penalty for impossible
crime is arresto mayor or a

Odette E. Paguio 417 of 529


fine ranging from 200 to
500 pesos.

Basis for imposition of


proper penalty
(1) Social danger and
(2) Degree of criminality
shown by the offender.

Art. 60. Exception to the rules


established in Articles 50 to 57.

The provisions contained in Articles


50 to 57, inclusive, of this Code shall
not be applicable to cases in which the
law expressly prescribes the penalty
(1) provided for a frustrated or
attempted felony, or
(2) to be imposed upon accomplices or
accessories.

Odette E. Paguio 418 of 529


Art. 61. Rules for graduating penalties.

For the purpose of graduating the


penalties which, according to the
provisions of Articles 50 to 57,
inclusive, of this Code, are to be
imposed upon persons guilty as
principals of any
(a) frustrated or
(b) attempted felony, or
(c) as accomplices or
(d) accessories,
the following rules shall be observed:

1. When the penalty prescribed for


the felony is single and indivisible,
the penalty next lower in degrees
shall be that immediately following
that indivisible penalty in the
respective graduated scale
prescribed in Article 71 of this Code.

Odette E. Paguio 419 of 529


2. When the penalty prescribed for
the crime is composed of
(a) two indivisible penalties, or
(b) of one or more divisible
penalties to be impose to their full
extent,

the penalty next lower in degree


shall be that immediately following
the lesser of the penalties prescribed
in the respective graduated scale.

3. When the penalty prescribed for


the crime is composed of
(a) one or two indivisible penalties
and the maximum period of
another divisible penalty,
(b) the penalty next lower in
degree shall be composed of the

Odette E. Paguio 420 of 529


medium and minimum periods of
the proper divisible penalty and
(c) the maximum periods of the
proper divisible penalty and
(d) the maximum period of that
immediately following in said
respective graduated scale.

4. when the penalty prescribed for


the crime is composed of several
periods, corresponding to different
divisible penalties,

the penalty next lower in degree


shall be composed of the period
immediately following the minimum
prescribed and of the two next
following, which shall be taken from
the penalty prescribed, if possible;
otherwise from the penalty
immediately following in the above

Odette E. Paguio 421 of 529


mentioned respective graduated
scale.

5. When the law prescribes a penalty


for a crime in some manner not
especially provided for in the four
preceding rules,

the courts, proceeding by analogy,


shall impose corresponding penalties
upon those guilty as principals of the
frustrated felony, or of attempt to
commit the same, and upon
accomplices and accessories.

Odette E. Paguio 422 of 529


Indivisible penalties
(1) Death
(2) Reclusion perpetua
(3) Public censure

Divisible penalties
Reclusion temporal down to
arresto menor.

The divisible penalties are


divided into three periods,
namely
(1) minimum
(2) medium
(3) maximum

Simplified rules
The rules prescribed in
paragraphs 4 and 5 of Art.
61 may be simplified as
follows:

Odette E. Paguio 423 of 529


(1) if the penalty
prescribed by the Code
consists in three
periods, corresponding to
different divisible
penalties, the penalty
next lower in degree is
the penalty consisting in
the three periods down in
the scale.
(2) If the penalty
prescribed by the Code
consists in two periods,
the penalty next lower in
degree is the penalty
consisting in two periods
down in the scale.
(3) If the penalty
prescribed by the Code
consists in only one
period, the period next
lower in degree is the

Odette E. Paguio 424 of 529


next period down in the
scale.

Odette E. Paguio 425 of 529


Section Two.
Rules for the application of penalties with
regard to the mitigating and aggravating
circumstances, and habitual delinquency.

Art. 62. Effect of the attendance of


mitigating or aggravating
circumstances and of habitual
delinquency.

Mitigating or aggravating
circumstances and habitual
delinquency shall be taken into
account for the purpose of
diminishing or increasing the penalty
in conformity with the following rules:
1.Aggravating circumstances which in
themselves constitute a crime
specially punishable by law or which
are included by the law in defining a
crime and prescribing the penalty

Odette E. Paguio 426 of 529


therefor shall not be taken into
account for the purpose of
increasing the penalty.
2.The same rule shall apply with
respect to any aggravating
circumstance inherent in the crime
to such a degree that it must of
necessity accompany the
commission thereof.
3.Aggravating or mitigating
circumstances which arise from the
moral attributes of the offender, or
from his private relations with the
offended party, or from any other
personal cause, shall only serve to
aggravate or mitigate the liability of
the principals, accomplices and
accessories as to whom such
circumstances are attendant.
4.The circumstances which consist in
the material execution of the act, or

Odette E. Paguio 427 of 529


in the means employed to
accomplish it, shall serve to
aggravate or mitigate the liability of
those persons only who had
knowledge of them at the time of the
execution of the act or their
cooperation therein.
5.Habitual delinquency shall have the
following effects.
(a) Upon a third conviction the
culprit shall be sentenced to the
penalty provided by law for the
last crime of which he be found
guilty and to the additional
penalty of prision correccional in
its medium and maximum
periods;
(b) Upon a fourth conviction, the
culprit shall be sentenced to the
penalty provided for the last
crime of which he be found

Odette E. Paguio 428 of 529


guilty and to the additional
penalty of prision mayor in its
minimum and medium periods;
and
(c) Upon a fifth or additional
conviction, the culprit shall be
sentenced to the penalty
provided for the last crime of
which he be found guilty and to
the additional penalty of prision
mayor in its maximum period to
reclusion temporal in its
minimum period.

Notwithstanding the provisions of this


article, the total of the two penalties to
be imposed upon the offender, in
conformity herewith, shall in no case
exceed 30 years.

Odette E. Paguio 429 of 529


For the purpose of this article, a
person shall be deemed to be habitual
delinquent, is within a period of ten
years from the date of his release or
last conviction of the crimes of serious
or less serious physical injuries, robo,
hurto estafa or falsification, he is
found guilty of any of said crimes a
third time or oftener.

Habitual delinquent defined


A person is a habitual
delinquent if within a
period of ten years from
the date of his (last)
release or last conviction
of the crimes of
(1) serious or less
serious physical
injuries,
(2) robo,
(3) hurto,
Odette E. Paguio 430 of 529
(4) estafa, or
(5) falsification
he is found guilty of any
said crimes a third time or
oftener.

Requisites of habitual
delinquency
(1) That the offender had
been convicted of any of
the crimes of
(a) serious or less
serious physical
injuries
(b) robbery
(c) theft,
(d) estafa, or
(e) falsification.
(2) That after the
conviction or after
serving his sentence, he
again committed, and,

Odette E. Paguio 431 of 529


within 10 years from his
release or first
conviction, he was again
convicted of any of the
said crimes for the
second time.
(3) That after his
conviction of, or after
serving sentence for, the
second offense, he again
committed, and, within 10
years from his last
release or last
conviction, he was again
convicted of any said
offenses, the third time
or oftener.

What must be alleged in the


information

Odette E. Paguio 432 of 529


(1) The dates of the
commission of the
previous crimes.
(2) The date of the last
conviction or release.
(3) The dates of the other
previous convictions or
releases.

Failure to allege said


dates in the information is
deemed cured where the
accused did not object to
the admission of decisions
for previous offenses which
show the dates of his
conviction.

Date of release is not


absolutely necessary
If the preceding conviction
is less than 10 years from

Odette E. Paguio 433 of 529


the date of the conviction
in the offense complained
of, the date of last
release is not important,
because the release comes
after conviction.

Odette E. Paguio 434 of 529


Art. 63. Rules for the application of
indivisible penalties.

In all cases in which the law


prescribes a single indivisible penalty,
(1) it shall be applied by the courts
(2) regardless of any mitigating or
aggravating circumstances that may
have attended the commission of the
deed.

In all cases in which the law


prescribes a penalty composed of two
indivisible penalties, the following
rules shall be observed in the
application thereof:
1. When in the commission of the deed
there is present only one
aggravating circumstance, the
greater penalty shall be applied.

Odette E. Paguio 435 of 529


2. When there are neither mitigating
nor aggravating circumstances and
there is no aggravating
circumstance, the lesser penalty
shall be applied.
3. When the commission of the act is
attended by some mitigating
circumstances and there is no
aggravating circumstance, the lesser
penalty shall be applied.
4. When both mitigating and
aggravating circumstances attended
the commission of the act, the court
shall reasonably allow them to offset
one another in consideration of their
number and importance, for the
purpose of applying the penalty in
accordance with the preceding
rules, according to the result of such
compensation.

Odette E. Paguio 436 of 529


Outline of the rules
(1) When the penalty is
single indivisible, it
shall be applied
regardless of any
mitigating or aggravating
circumstances.
(2) When the penalty is
composed of two
indivisible penalties,
the following rules shall
be observed;
(a)When there is only one
aggravating
circumstance, the
greater penalty shall
be imposed.
(b)When there is neither
mitigating nor
aggravating
circumstances, the

Odette E. Paguio 437 of 529


lesser penalty shall be
imposed.
(c)When there is a
mitigating
circumstances and no
aggravating
circumstance, the
lesser penalty shall be
imposed.
(d)When both mitigating
and aggravating
circumstances are
present, the court
shall allow them to
offset one another.

Odette E. Paguio 438 of 529


Art. 64. Rules for the application of
penalties which contain three periods.

In cases in which the penalties


prescribed by law contain
(a) three periods, whether it be a
single divisible penalty or composed
of three different penalties,
(b) each one of which forms a period
in accordance with the provisions of
Articles 76 and 77,
(c) the court shall observe for the
application of the penalty the
following rules, according to
whether there are or are not
mitigating or aggravating
circumstances:
1. When there are neither
aggravating nor mitigating
circumstances, they shall impose

Odette E. Paguio 439 of 529


the penalty prescribed by law in its
medium period.
2. When only a mitigating
circumstances is present in the
commission of the act, they shall
impose the penalty in its minimum
period.
3. When an aggravating
circumstance is present in the
commission of the act, they shall
impose the penalty in its maximum
period.
4. When both mitigating and
aggravating circumstances are
present, the court shall reasonably
offset those of one class against the
other according to their relative
weight.
5. When there are two or more
mitigating circumstances and no
aggravating circumstances are

Odette E. Paguio 440 of 529


present, the court shall impose the
penalty next lower to that
prescribed by law, in the period
that it may deem applicable,
according to the number and
nature of such circumstances.
6. Whatever may be the number
and nature of the aggravating
circumstances, the courts shall not
impose a greater penalty than that
prescribed by law, in its maximum
period.
7. Within the limits of each
period, the court shall determine
the extent of the penalty according
to the number and nature of the
aggravating and mitigating
circumstances and the greater and
lesser extent of the evil produced
by the crime.

Odette E. Paguio 441 of 529


Art. 64 applies only when
the penalty has three periods
Art. 64 applies when the
penalty prescribed by law
for the offense is
reclusion temporal, prision
mayor, prision
correccional, arresto
mayor, arresto menor, or
prision correctional to
reclusion temporal, etc.
because they are divisible
into three periods.

Outline of the rules


(1) No aggravating and no
mitigating medium
period.
(2) Only a mitigating
minimum period.
(3) Only a aggravating
maximum period.

Odette E. Paguio 442 of 529


Art. 65. Rule in cases in which the
penalty is not composed of three periods.

In cases in which the penalty


prescribed by law is not composed of
three periods, the courts shall apply
the rules contained in the foregoing
articles, dividing into three equal
portions of time included in the
penalty prescribed, and forming one
period of each of the three portions.

Art. 66. Imposition of fines.

In imposing fines the courts may fix


any amount within the limits
established by law; in fixing the
amount in each case attention shall be
given, not only to the mitigating and
aggravating circumstances, but more

Odette E. Paguio 443 of 529


particularly to the wealth or means of
the culprit.

Art. 67. Penalty to be imposed when not all


the requisites of exemption of the
fourth circumstance of Article 12 are
present.

When all the conditions required in


circumstances Number 4 of Article 12
of this Code to exempt from criminal
liability are not present,
(1) the penalty of arresto mayor in its
maximum period to prision
correccional in its minimum period
shall be imposed upon the culprit
(2) if he shall have been guilty of a
grave felony, and
(3) arresto mayor in its minimum and
medium periods, if of a less grave
felony.

Odette E. Paguio 444 of 529


Art. 68. Penalty to be imposed upon a
person under eighteen years of age.

When the offender is a minor under


eighteen years and his case is one
coming under the provisions of the
paragraphs next to the last of Article
80 of this Code, the following rules
shall be observed:
1. Upon a person under fifteen but
over nine years of age, who is not
exempted from liability by reason of
the court having declared that he
acted with discernment, a
discretionary penalty shall be
imposed, but always lower by two
degrees at least than that prescribed
by law for the crime which he
committed.

Odette E. Paguio 445 of 529


2. Upon a person over fifteen and
under eighteen years of age the
penalty next lower than that
prescribed by law shall be imposed,
but always in the proper period.

Art. 69. Penalty to be imposed when the


crime committed is not wholly excusable.

A penalty lower by one or two degrees


than that prescribed by law shall be
imposed if the deed is not wholly
excusable by reason of the lack of
some of the conditions required to
justify the same or to exempt from
criminal liability in the several cases
mentioned in Article 11 and 12,
provided that the majority of such
conditions be present. The courts shall
impose the penalty in the period

Odette E. Paguio 446 of 529


which may be deemed proper, in view
of the number and nature of the
conditions of exemption present or
lacking.

Odette E. Paguio 447 of 529


Art. 70. Successive service of sentence.

When the culprit has to serve two or


more penalties, he shall serve them
simultaneously if the nature of the
penalties will so permit otherwise, the
following rules shall be observed:

In the imposition of the penalties, the


order of their respective severity shall
be followed so that they may be
executed successively or as nearly as
may be possible, should a pardon have
been granted as to the penalty or
penalties first imposed, or should they
have been served out.

For the purpose of applying the


provisions of the next preceding
paragraph the respective severity of

Odette E. Paguio 448 of 529


the penalties shall be determined in
accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute
disqualification,
10. Temporal absolute
disqualification.
11. Suspension from public office, the
right to vote and be voted for, the
right to follow a profession or
calling, and
12. Public censure.

Odette E. Paguio 449 of 529


Notwithstanding the provisions of the
rule next preceding, the maximum
duration of the convict's sentence shall
not be more than three-fold the length
of time corresponding to the most
severe of the penalties imposed upon
him. No other penalty to which he
may be liable shall be inflicted after
the sum total of those imposed equals
the same maximum period.

Such maximum period shall in no case


exceed forty years.

In applying the provisions of this rule


the duration of perpetual penalties
( pena perpetua) shall be computed at
thirty years.

Odette E. Paguio 450 of 529


Art. 71. Graduated scales.

In the case in which the law


prescribed a penalty lower or higher
by one or more degrees than another
given penalty, the rules prescribed in
Article 61 shall be observed in
graduating such penalty.

The lower or higher penalty shall be


taken from the graduated scale in
which is comprised the given penalty.

The courts, in applying such lower or


higher penalty, shall observe the
following graduated scales:

SCALE NO. 1

1. Death,
2. Reclusion perpetua,

Odette E. Paguio 451 of 529


3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.

SCALE NO. 2

1.Perpetual absolute
disqualification,
2.Temporal absolute
disqualification
3.Suspension from public
office, the right to vote
and be voted for, the right
to follow a profession or
calling,
4.Public censure,

Odette E. Paguio 452 of 529


5.Fine.

Art. 72. Preference in the payment of


the civil liabilities.

The civil liabilities of a person found


guilty of two or more offenses shall be
satisfied by following the
chronological order of the dates of the
judgments rendered against him,
beginning with the first in order of
time.

Odette E. Paguio 453 of 529


Section Three.
Provisions common in the last two preceding
sections

Art. 73. Presumption in regard to the


imposition of accessory penalties.

Whenever the courts shall impose a


penalty which,
(1) by provision of law, carries with it
other penalties, according to the
provisions of Articles 40, 41, 42, 43
and 44 of this Code,
(2) it must be understood that the
accessory penalties are also imposed
upon the convict.

Accessory penalties are


deemed imposed
The accessory penalties
provided for in Art. 40 to
45 are deemed imposed by
Odette E. Paguio 454 of 529
the courts without
necessity of making an
express pronouncement of
their imposition.

Art. 74. Penalty higher than reclusion


perpetua in certain cases.

In cases in which the law prescribes a


penalty higher than another given
penalty, without specially designating
the name of the former,
(1) if such higher penalty should be
that of death,
(2) the same penalty and the accessory
penalties of Article 40, shall be
considered as the next higher
penalty.

Art. 75. Increasing or reducing the


penalty of fine by one or more degrees.
Odette E. Paguio 455 of 529
Whenever it may be necessary to
increase or reduce the penalty of fine
by one or more degrees,
(1) it shall be increased or reduced,
respectively, for each degree,
(2) by one-fourth of the maximum
amount prescribed by law, without
however, changing the minimum.

The same rules shall be observed with


regard of fines that do not consist of a
fixed amount, but are made
proportional.

Odette E. Paguio 456 of 529


Art. 76. Legal period of duration of
divisible penalties.

The legal period of duration of


divisible penalties shall be
(1) considered as divided into three
parts,
(2) forming three periods,
(3) the minimum, the medium, and
the maximum
in the manner shown in the following
table:

TABLE SHOWING THE DURATION OF


DIVISIBLE PENALTIES
AND THE TIME INCLUDED IN EACH OF
THEIR PERIODS

Penalties Time Time Time Time

included included included included

Odette E. Paguio 457 of 529


in the
in its in its in its
penalty
minimum medium maximu
in its
period period m
entirety

From 14
From 12 From 17
From 12 years, 8
years and years, 4
years months
Reclusion 1 day to months
and 1 and 1 day
temporal 14 years and 1 day
day to 20 to 17
and 8 to 20
years. years and
months. years.
4months.

Prision From 6 From 6 From 8 From 10


mayor, years years and years and years and
absolute and 1 1 day to 8 1 day to 1 day to
disqualific day to 12 years. 10 years. 12 years.
ation and years.
special
temporary
disqualific

Odette E. Paguio 458 of 529


ation

From 2
Prision From 6 From 4
From 6 years, 4
correccion months years, 2
months months
al, and 1 day months
and 1 and 1 day
suspension to 2 years and 1 day
day to 6 to 4 years
and and 4 to 6
years. and
destierro months. years.
2months.

From 1 From 2 From 4


month months months
Arresto From 1 to
and 1 and 1 day and 1 day
mayor 2 months.
day to to 4 to 6
months. months. months.

From 1 From 11 From 21


Arresto From 1 to
to 30 to 20 to 30
menor 10 days.
days. days. days.

Odette E. Paguio 459 of 529


Art. 77. When the penalty is a complex
one composed of three distinct penalties.

In cases in which the law prescribes a


penalty composed of three distinct
penalties,
(1) each one shall form a period;
(2) the lightest of them shall be the
minimum
(3) the next the medium, and
(4) the most severe the maximum
period.

Whenever the penalty prescribed does


not have one of the forms specially
provided for in this Code,
(1) the periods shall be distributed,
applying by analogy the prescribed
rules.

Odette E. Paguio 460 of 529


INDETERMINATE SENTENCE
LAW
ACT. NO. 4103 as amended by ACT
NO. 4225

Purpose of Indeterminate Sentence


Law
To uplift and redeem
valuable human material and
prevent unnecessary and
excessive deprivation of
personal liberty and
economic usefulness.

As a rule, it is intended
to favor the accused
particularly to shorten his
term of imprisonment,
depending upon his behavior
and his physical, mental,
and moral record as a
prisoner to be determined

Odette E. Paguio 461 of 529


by the Board of
Indeterminate Sentence.

Scope of Indeterminate
Sentence Law
Covers crimes punishable
under the Revised Penal
Code or Special Law.

a. Revised Penal Code

Maximum term of
indeterminate sentence is
the penalty in view of
the attending
circumstances that can be
imposed under the Revised
Penal Code.

Minimum term should be


within any period of the
penalty next lower in

Odette E. Paguio 462 of 529


degree to that prescribed
by law and the maximum
should be within the
proper period of the
penalty where the
sentence is a straight
penalty.

b. Special Law

Maximum term of
indeterminate sentence
shall not exceed the
maximum fixed by law and
the minimum shall not be
less than the minimum
prescribed by said law.

Odette E. Paguio 463 of 529


Rules to determine the
indeterminate sentence
under the Revised Penal
Code
a. Minimum

One degree next lower to


the penalty imposed.
This determined without
considering the attending
circumstances to the
penalty prescribed.

The term of the minimum


is left to the discretion
of the court and this
discretion is
unqualified. The only
limitation is that it is
within the range of the
penalty next lower in
degree to that prescribed

Odette E. Paguio 464 of 529


in the Revised Penal Code
for the offense
committed.

Where there is privileged


mitigating or the number
of mitigating
circumstances is such as
to entitle the accused to
the penalty next lower in
degree, the starting
point to determine the
minimum of the
indeterminate sentence is
the penalty next lower
than that prescribed for
the offense.

b. Maximum

The penalty imposed as


provided by law. The

Odette E. Paguio 465 of 529


period will depend upon
the attending
circumstances.

Example
Homicide in which one
mitigating circumstance
attended its commission.

Maximum the penalty


prescribed by law, that
is reclusion temporal.
The period of the penalty
will now depend upon the
attending circumstance.
Since there is one
mitigating and no
aggravating it will be in
the minimum or reclusion
temporal minimum period.

Odette E. Paguio 466 of 529


Minimum one degree next
lower to reclusion
temporal is determined
without considering the
mitigating circumstance
and that will be prision
mayor. The range of
prision mayor will depend
upon the discretion of
the Court.

The indeterminate penalty


is therefore a minimum of
prision mayor (within the
range fixed by the Court)
to a maximum of reclusion
temporal minimum period.

The indeterminate sentence


law cannot be applied if it
will result in the
lengthening of the sentence

Odette E. Paguio 467 of 529


of the accused. This will
apply only to offenses
punished by special laws.

Cases in which
Indeterminate Sentence Law
is not applied
(1) Offenses punished by
death or life
imprisonment.
(2) Those convicted of
treason, conspiracy or
proposal to commit
treason.

Odette E. Paguio 468 of 529


(3) Those convicted of
misprision of treason,
rebellion, sedition, or
espionage.
(4) Those convicted of
piracy.
(5) Habitual delinquents.
(6) Those who escaped from
confinement or those who
evaded sentence.
(7) Those granted
conditional pardon and
who violated the terms of
the same.
(8) Those whose maximum
period of imprisonment
does not exceed one year.
(9) Those who are already
serving final judgment
upon the approval of the
Indeterminate Sentence
Law.

Odette E. Paguio 469 of 529


People vs. Perez
44 O.G. 3884
A minor who escaped
from confinement in
the reformatory is
entitled to the
benefits of the
Indeterminate Sentence
Law because his
confinement is not
considered
imprisonment.

People vs. Co
67 O.G. 7451
If the accused escaped
from the National
Mental Hospital is
entitled to the
benefits of the

Odette E. Paguio 470 of 529


Indeterminate Sentence
Law because his
confinement as patient
is not imprisonment.

PROBATION LAW
PD No. 968 as amended by PD No. 1257 and
as further amended by BP. Blg. 76 and PD
No. 1990

Purpose of the law


(1) Promote the correction
and rehabilitation of an
offender by providing him
with individualized
treatment;

Odette E. Paguio 471 of 529


(2) Provide an opportunity
for the reformation of a
penitent offender which
might be less probable if
he were to serve a prison
sentence; and
(3) Prevent the commission
of offenses.

Meaning of Probation
Probation is a disposition
under which a defendant,
after conviction and
sentence, is released
subject to conditions
imposed by the court and to
the supervision of a
probation officer.
Criteria for placing an
offender on probation
The court shall consider

Odette E. Paguio 472 of 529


(1) all information
relative to the
(a) character,
(b) antecedents,
(c) environment,
(d) mental, and
(e) physical condition
of the offender
(2) available
institutional and
community resources.

Offenders disqualified from


being placed on probation
The benefits of the Decree
shall not be extended to
(1) those sentenced to
serve a maximum term of
imprisonment of more than
six years;
(2) those convicted of
subversion or any crime

Odette E. Paguio 473 of 529


against the national
security or public order;
(3) those were previously
convicted by final
judgment of an offense
punished by imprisonment
of not less than one
month and one day and/ or
a fine not more than two
hundred pesos;
(4) those who have been
once on probation under
the provisions of the
Decree; and
(5) those who are already
serving sentence at the
time the substantive
provision of the Decree
became applicable.

Discretion of the court on


probation

Odette E. Paguio 474 of 529


Even if a convicted person
falls within the classes of
those qualified for
probation, the grant of
probation is not automatic
or ministerial. Probation
is a privilege and its
grant rests upon the
discretion of the court.
The discretion is exercised
primarily for the benefit
of society as a whole and
only secondarily for the
personal advantage of the
accused.

Effects of violation of
probation order
Upon the failure of the
probationer to comply with
any of the conditions
prescribed in the order, or

Odette E. Paguio 475 of 529


upon his commission of
another offense, he shall
serve the penalty imposed
for the offense under which
he was placed on probation.

Duration a convict be
placed on probation
1. If the convict is
sentenced to a term of
imprisonment of not more
than one year, the period
of probation shall not
exceed two years.
2. In all other cases, if he
is sentenced to more than
one year, said period
shall not exceed six
years.
3. When the sentence imposes
a fine only and the
offender is made to serve

Odette E. Paguio 476 of 529


subsidiary imprisonment,
the period of probation
shall be twice the total
number of days of
subsidiary imprisonment.

Chapter Five
EXECUTION AND SERVICE OF
PENALTIES

Section One.
General Provisions

Art. 78. When and how a penalty is to be


executed.

No penalty shall be executed except by


virtue of a final judgment.

Odette E. Paguio 477 of 529


A penalty shall not be executed
(1) in any other form than that
prescribed by law,
(2) nor with any other circumstances
or incidents than those expressly
authorized thereby.

In addition to the provisions of the


law, the special regulations prescribed
for the government of the institutions
in which the penalties are to be
suffered shall be
(1) observed with regard to the
character of the work to be
performed,
(2) the time of its performance, and
other incidents connected therewith,
(3) the relations of the convicts among
themselves and other persons,
(4) the relief which they may receive,
and their diet.

Odette E. Paguio 478 of 529


The regulations shall make provision
for the
(1) separation of the sexes in different
institutions, or
(2) at least into different departments
and also for the correction and
reform of the convicts.

Art. 79. Suspension of the execution and


service of the penalties in case of insanity.

When a convict shall become insane or


an imbecile after final sentence has
been pronounced,
(1) the execution of said sentence shall
be suspended only with regard to the
personal penalty,
(2) the provisions of the second
paragraph of circumstance number

Odette E. Paguio 479 of 529


1 of article 12 being observed in the
corresponding cases.

If at any time the convict shall recover


his reason,
(1) his sentence shall be executed,
(2) unless the penalty shall have
prescribed in accordance with the
provisions of this Code.

The respective provisions of this


section shall also be observed if the
insanity or imbecility occurs while the
convict is serving his sentence.

Odette E. Paguio 480 of 529


Art. 80. Suspension of sentence of minor
delinquents.

Whenever a minor of either sex, under


sixteen years of age at the date of the
commission of a grave or less grave
felony, is accused thereof, the court,
after hearing the evidence in the
proper proceedings,
(1) instead of pronouncing judgment
of conviction,
(2) shall suspend all further
proceedings and
(3) shall commit such minor to the
custody or care of a
(a) public or private, benevolent or
charitable institution, established
under the law of the care,
correction or education of
orphaned, homeless, defective,
and delinquent children, or

Odette E. Paguio 481 of 529


(b) to the custody or care of any
other responsible person in any
other place subject to visitation
and supervision by the Director
of Public Welfare or any of his
agents or representatives, if there
be any, or
(c) otherwise by the
superintendent of public schools
or his representatives, subject to
such conditions as are prescribed
hereinbelow until such minor
shall have reached his majority
age or for such less period as the
court may deem proper.

The court, in committing said minor


as provided above, shall take into
consideration the
(1) religion of such minor,
(2) his parents or next of kin,

Odette E. Paguio 482 of 529


(3) in order to avoid his commitment
to any private institution not under
the control and supervision of the
religious sect or denomination to
which they belong.

The Director of Public Welfare or his


duly authorized representatives or
agents, the superintendent of public
schools or his representatives, or the
person to whose custody or care the
minor has been committed, shall
(1) submit to the court every four
months and as often as required in
special cases,
(2) a written report on the good or
bad conduct of said minor and the
moral and intellectual progress
made by him.

Odette E. Paguio 483 of 529


The suspension of the proceedings
against a minor may be
(1) extended or
(2) shortened
by the court on the recommendation
of the Director of Public Welfare or
his authorized representative or
agents, or the superintendent of public
schools or his representatives,
according as to whether the conduct of
such minor has been good or not and
whether he has complied with the
conditions imposed upon him, or not.
The provisions of the first paragraph
of this article shall not, however, be
affected by those contained herein.

Odette E. Paguio 484 of 529


If the minor has been committed to
the custody or care of any of the
institutions mentioned in the first
paragraph of this article, with the
approval of the Director of Public
Welfare and subject to such conditions
as this official in accordance with law
may deem proper to impose, such
minor may be allowed to stay
elsewhere under the care of a
responsible person.

If the minor has behaved properly and


has complied with the conditions
imposed upon him during his
confinement, in accordance with the
provisions of this article,
(1) he shall be returned to the court in
order that the same may order his
final release.

Odette E. Paguio 485 of 529


In case the minor fails to behave
properly or to comply with the
regulations of the institution to which
he has been committed or with the
conditions imposed upon him when he
was committed to the care of a
responsible person, or in case he
should be found incorrigible or his
continued stay in such institution
should be inadvisable,
(1) he shall be returned to the court in
order that the same may render the
judgment corresponding to the
crime committed by him.

The expenses for the maintenance of a


minor delinquent confined in the
institution to which he has been
committed, shall be

Odette E. Paguio 486 of 529


(1) borne totally or partially by his
parents or relatives or those persons
liable to support him, if they are
able to do so, in the discretion of the
court;
(2) Provided, That in case his parents
or relatives or those persons liable to
support him have not been ordered
to pay said expenses or are found
indigent and cannot pay said
expenses, the municipality in which
the offense was committed shall pay
one-third of said expenses; the
province to which the municipality
belongs shall pay one-third; and the
remaining one-third shall be borne
by the National Government:
(3) Provided, however, That whenever
the Secretary of Finance certifies
that a municipality is not able to pay
its share in the expenses above

Odette E. Paguio 487 of 529


mentioned, such share which is not
paid by said municipality shall be
borne by the National Government.
Chartered cities shall pay two-thirds
of said expenses; and in case a
chartered city cannot pay said
expenses, the internal revenue
allotments which may be due to said
city shall be withheld and applied in
settlement of said indebtedness in
accordance with section five
hundred and eighty-eight of the
Administrative Code.

Odette E. Paguio 488 of 529


Section Two.
Execution of principal penalties.

Art. 81. When and how the death penalty is


to be executed.

The death sentence shall be executed


with reference to any other and shall
(1) consist in putting the person under
sentence to death by lethal injection.
(2) The death sentence shall be
executed under the authority of the
Director of Bureau of Corrections,
endeavoring so far as possible to
mitigate the sufferings of the person
under sentence during lethal
injection as well as during the
proceedings prior to the execution.

Odette E. Paguio 489 of 529


The director of the Bureau of
Corrections shall take steps to ensure
that the lethal injection to be
administered is sufficient to cause the
instantaneous death of the convict.

Pursuant to this, all personnel


involved in the administration of
lethal injection shall be trained prior
to the performance of such task.

The authorized physician of the


Bureau of Corrections, after thorough
examination, shall officially make
pronouncement of the convicts death
and shall certify thereto in the records
of Bureau of Corrections.

The death sentence shall be carried


out not earlier than one (1) year not
later than eighteen (18) months after

Odette E. Paguio 490 of 529


the judgment has become final and
executory without prejudice tot he
exercise by the President of his
executive clemency powers at all
times.

Art. 82. Notification and execution of the


sentence and assistance to the culprit.

The court shall


(1) designate a working day for the
execution but not the hour thereof;
and
(2) such designation shall not be
communicated to the offender
before sunrise of said day, and
(3) the execution shall not take place
until after the expiration of at least
eight hours following the
notification, but before sunset.

Odette E. Paguio 491 of 529


(4) During the interval between the
notification and the execution, the
culprit shall, in so far as possible, be
furnished such assistance as he may
request in order to be attended in his
last moments by priests or ministers
of the religion he professes and to
consult lawyers, as well as in order
to make a will and confer with
members of his family or persons in
charge of the management of his
business, of the administration of his
property, or of the care of his
descendants.

Odette E. Paguio 492 of 529


Art. 83. Suspension of the execution of the
death sentence.

The death sentence shall not be


inflicted upon
(1) a woman within the three years
next following the date of the
sentence or
(2) while she is pregnant,
(3) nor upon any person over seventy
years of age.
(4) In this last case, the death sentence
shall be commuted to the penalty of
reclusion perpetua with the
accessory penalties provided in
Article 40.

Art. 84. Place of execution and persons who


may witness the same.

Odette E. Paguio 493 of 529


The execution shall take place in
(1) the penitentiary of Bilibid in a
space
(2) closed to the public view and
(3) shall be witnessed only by the
priests assisting the offender and by
his lawyers, and by his relatives, not
exceeding six, if he so request, by the
physician and the necessary
personnel of the penal
establishment, and by such persons
as the Director of Prisons may
authorize.

Art. 85. Provisions relative to the corpse of


the person executed and its burial.

Unless claimed by his family, the


corpse of the culprit shall, upon the

Odette E. Paguio 494 of 529


completion of the legal proceedings
subsequent to the execution,
(1) be turned over to the institute of
learning or scientific research first
applying for it, for the purpose of
study and investigation, provided
that such institute shall take charge
of the decent burial of the remains.
(2) Otherwise, the Director of Prisons
shall order the burial of the body of
the culprit at government expense,
granting permission to be present
thereat to the members of the family
of the culprit and the friends of the
latter.
(3) In no case shall the burial of the
body of a person sentenced to death
be held with pomp.

Odette E. Paguio 495 of 529


Art. 86. Reclusion perpetua, reclusion
temporal, prision mayor, prision
correccional and arresto mayor.

The penalties of reclusion perpetua,


reclusion temporal, prision mayor,
prision correccional and arresto
mayor, shall be executed and served
(1) in the places and penal
establishments provided by the
Administrative Code in force or
which may be provided by law in
the future.

Art. 87. Destierro.

Any person sentenced to destierro


shall
(1) not be permitted to enter the place
or places designated in the sentence,

Odette E. Paguio 496 of 529


(2) nor within the radius therein
specified, which shall be not more
than 250 and not less than 25
kilometers from the place
designated.
Art. 88. Arresto menor.

The penalty of arresto menor shall be


served
(1) in the municipal jail, or
(2) in the house of the defendant
himself under the surveillance of an
officer of the law, when the court so
provides in its decision, taking into
consideration the health of the
offender and other reasons which
may seem satisfactory to it.

Odette E. Paguio 497 of 529


Title Four
EXTINCTION OF CRIMINAL LIABILITY

Chapter One
TOTAL EXTINCTION OF CRIMINAL
LIABILITY

Art. 89. How criminal liability is totally


extinguished.

Criminal liability is totally


extinguished:
1. By the death of the convict, as to the
personal penalties and as to
pecuniary penalties, liability
therefor is extinguished only when
the death of the offender occurs
before final judgment.
2. By service of the sentence;

Odette E. Paguio 498 of 529


3. By amnesty, which completely
extinguishes the penalty and all its
effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended
woman, as provided in Article 344
of this Code.

Art. 90. Prescription of crime.

Crimes punishable by
(1) death,
(2) reclusion perpetua or
(3) reclusion temporal
shall prescribe in twenty years.

Crimes punishable by other afflictive


penalties
(1) shall prescribe in fifteen years.

Odette E. Paguio 499 of 529


Those punishable by a correctional
penalty
(1) shall prescribe in ten years;
(2) with the exception of those
punishable by arresto mayor, which
shall prescribe in five years.

The crime of libel or other similar


offenses
(1) shall prescribe in one year.

The crime of oral defamation and


slander by deed
(1) shall prescribe in six months.

Light offenses prescribe in two


months.

Odette E. Paguio 500 of 529


When the penalty fixed by law is a
compound one, the highest penalty
shall be made the basis of the
application of the rules contained in
the first, second and third paragraphs
of this article. (As amended by RA
4661, approved June 19, 1966.)

Art. 91. Computation of prescription of


offenses.

The period of prescription shall


(1) commence to run from the day on
which the crime is discovered by the
offended party, the authorities, or
their agents, and
(2) shall be interrupted by the filing of
the complaint or information, and

Odette E. Paguio 501 of 529


(3) shall commence to run again when
such proceedings terminate without
the accused being convicted or
acquitted, or are unjustifiably
stopped for any reason not
imputable to him.

The term of prescription shall not run


when the offender is absent from the
Philippine Archipelago.

Art. 92. When and how penalties prescribe.

The penalties imposed by final


sentence prescribe as follows:
1.Death and reclusion perpetua, in
twenty years;
2.Other afflictive penalties, in fifteen
years;

Odette E. Paguio 502 of 529


3.Correctional penalties, in ten years;
with the exception of the penalty of
arresto mayor, which prescribes in
five years;
4.Light penalties, in one year.

Art. 93. Computation of the prescription of


penalties.

The period of prescription of penalties


shall
(1) commence to run from the date
when the culprit should evade the
service of his sentence, and
(2) it shall be interrupted if the
defendant should give himself up,
be captured, should go to some
foreign country with which this
Government has no extradition
treaty, or should commit another

Odette E. Paguio 503 of 529


crime before the expiration of the
period of prescription.

Odette E. Paguio 504 of 529


Chapter Two
PARTIAL EXTINCTION OF CRIMINAL
LIABILITY

Art. 94. Partial Extinction of criminal


liability.

Criminal liability is extinguished


partially:
1. By conditional pardon;
2. By commutation of the sentence;
and
3. For good conduct allowances
which the culprit may earn while he
is serving his sentence.

Art. 95. Obligation incurred by person


granted conditional pardon.

Any person who has been granted


conditional pardon shall

Odette E. Paguio 505 of 529


(1) incur the obligation of complying
strictly with the conditions imposed
therein otherwise,
(2) his non-compliance with any of the
conditions specified shall result in
the revocation of the pardon and the
provisions of Article 159 shall be
applied to him.

Art. 96. Effect of commutation of sentence.

The commutation of the original


sentence for another of a different
length and nature shall have the legal
effect of substituting the latter in the
place of the former.

Art. 97. Allowance for good conduct.

Odette E. Paguio 506 of 529


The good conduct of any prisoner in
any penal institution shall entitle him
to the following deductions from the
period of his sentence:
1. During the first two years of his
imprisonment, he shall be allowed a
deduction of five days for each
month of good behavior;
2. During the third to the fifth year,
inclusive, of his imprisonment, he
shall be allowed a deduction of eight
days for each month of good
behavior;
3. During the following years until the
tenth year, inclusive, of his
imprisonment, he shall be allowed a
deduction of ten days for each
month of good behavior; and
4. During the eleventh and successive
years of his imprisonment, he shall
be allowed a deduction of fifteen

Odette E. Paguio 507 of 529


days for each month of good
behavior.

Odette E. Paguio 508 of 529


Art. 98. Special time allowance for loyalty.

A deduction of one-fifth of the period


of his sentence shall be granted to any
prisoner who,
(1) having evaded the service of his
sentence under the circumstances
mentioned in article 58 of this Code,
(2) gives himself up to the authorities
within 48 hours following the
issuance of a proclamation
announcing the passing away of the
calamity or catastrophe to in said
article.

Art. 99. Who grants time allowances.

Whenever lawfully justified, the


Director of Prisons shall grant
allowances for good conduct. Such

Odette E. Paguio 509 of 529


allowances once granted shall not be
revoked.

Odette E. Paguio 510 of 529


Title Five
CIVIL LIABILITY

Chapter One
PERSON CIVILLY LIABLE FOR
FELONIES

Art. 100. Civil liability of a person guilty of


felony.

Every person criminally liable for a


felony is also civilly liable.

Civil liability may exist,


although the accused is not
held criminally liable
(1) Acquittal on
reasonable doubt.
(2) Acquittal from a cause
of nonimputability.
(3) Acquittal in the
criminal action for
Odette E. Paguio 511 of 529
negligence does not
preclude the offended
party from filing a civil
action to recover
damages, based on the new
theory that the act is a
quasi-delict.
(4) Where there is only
civil responsibility.
(5) In cases of
independent civil actions
(Arts. 31, 32, 33, and
34, Civil Code)

Art. 101. Rules regarding civil liability in


certain cases.

The exemption from criminal liability


established in subdivisions 1, 2, 3, 5
and 6 of article 12 and in subdivision 4
of article 11 of this Code
Odette E. Paguio 512 of 529
(1) does not include exemption from
civil liability,
(2) which shall be enforced subject to
the following rules:

First. In cases of subdivisions 1, 2,


and 3 of Article 12,

the civil liability for acts


committed by
(1) an imbecile or
(2) insane person, and
(3) by a person under nine years of
age, or
(4) by one over nine but under
fifteen years of age, who has
acted without discernment,

shall devolve upon those having


such person under their legal
authority or control, unless it

Odette E. Paguio 513 of 529


appears that there was no fault or
negligence on their part.

Should there be no person having


such insane, imbecile or minor
under his authority, legal
guardianship or control, or if such
person be insolvent, said insane,
imbecile, or minor shall
(1) respond with their own
property,
(2) excepting property exempt
from execution, in accordance
with the civil law.

Second. In cases falling within


subdivision 4 of Article 11,

the persons for whose benefit the


harm has been prevented shall be
civilly liable in proportion to the

Odette E. Paguio 514 of 529


benefit which they may have
received.

The courts shall determine, in


sound discretion, the
proportionate amount for which
each one shall be liable.

When the respective shares cannot


be equitably determined, even
approximately, or when the
liability also attaches to the
Government, or to the majority of
the inhabitants of the town, and, in
all events, whenever the damages
have been caused with the consent
of the authorities or their agents,
indemnification shall be made in
the manner prescribed by special
laws or regulations.

Odette E. Paguio 515 of 529


Third. In cases falling within
subdivisions 5 and 6 of Article 12,

the persons using violence or


causing the fears shall be
primarily liable and secondarily,
or, if there be no such persons,
those doing the act shall be liable,
saving always to the latter that
part of their property exempt from
execution.

Art. 102. Subsidiary civil liability of


innkeepers, tavernkeepers and
proprietors of establishments.

In default of the persons criminally


liable,
(1) innkeepers,
(2) tavernkeepers, and

Odette E. Paguio 516 of 529


(3) any other persons or corporations
shall be civilly liable for crimes
committed in their establishments, in
all cases where a violation of
municipal ordinances or some general
or special police regulation shall have
been committed by them or their
employees.

Innkeepers are also subsidiarily liable


for
(1) the restitution of goods taken by
robbery or theft
(2) within their houses from guests
lodging therein, or
(3) for the payment of the value
thereof, provided that such guests
shall have notified in advance the
innkeeper himself, or the person
representing him, of the deposit of
such goods within the inn; and

Odette E. Paguio 517 of 529


(4) shall furthermore have followed
the directions which such innkeeper
or his representative may have given
them with respect to the care and
vigilance over such goods.
(5) No liability shall attach in case of
robbery with violence against or
intimidation of persons unless
committed by the innkeeper's
employees.

Odette E. Paguio 518 of 529


Elements of subsidiary
civil liability of
innkeepers, tavernkeepers
and proprietors of
establishments
(1) that the innkeeper,
tavernkeeper or
proprietor of
establishment or his
employee committed a
violation of municipal
ordinance or some general
or special police
regulation.
(2) That a crime is
committed in such inn,
tavern, or establishment.
(3) That the person
criminally liable is
insolvent.

Odette E. Paguio 519 of 529


Art. 103. Subsidiary civil liability of other
persons.

The subsidiary liability established in


the next preceding article shall also
apply to
(1) employers,
(2) teachers,
(3) persons, and
(4) corporations
(5) engaged in any kind of industry
for felonies committed by their
servants, pupils, workmen,
apprentices, or employees in the
discharge of their duties.

Elements
(1) The employer, teacher,
person or corporation is
engaged in any kind of
industry.

Odette E. Paguio 520 of 529


(2) Any of their servants,
pupils, workmen,
apprentices or employees
commits a felony while in
the discharge of his
duties.
(3) The said employee is
insolvent and has not
satisfied his civil
liability.

Odette E. Paguio 521 of 529


Chapter Two
WHAT CIVIL LIABILITY INCLUDES

Art. 104. What is included in civil liability.

The civil liability established in


Articles 100, 101, 102, and 103 of this
Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential
damages.

Art. 105. Restitution. How made.

The restitution of the thing itself must


be made whenever possible, with
allowance for any deterioration, or
diminution of value as determined by
the court.

Odette E. Paguio 522 of 529


The thing itself shall be restored,
(1) even though it be found in the
possession of a third person who has
acquired it by lawful means,
(2) saving to the latter his action
against the proper person, who may
be liable to him.

This provision is not applicable


(1) in cases in which the thing has
been acquired by the third person in
the manner and under the
requirements which, by law,
(2) bar an action for its recovery.

Art. 106. Reparation. How made.

The court shall determine


(1) the amount of damage,
(2) taking into consideration

Odette E. Paguio 523 of 529


(a) the price of the thing,
whenever possible, and
(b) its special sentimental value to
the injured party, and
(3) reparation shall be made
accordingly.

Art. 107. Indemnification What is


included.

Indemnification for consequential


damages shall include
(1) not only those caused the injured
party,
(2) but also those suffered by his
family or
(3) by a third person by reason of the
crime.

Odette E. Paguio 524 of 529


Art. 108. Obligation to make restoration,
reparation for damages, or
indemnification for consequential
damages and actions to demand the
same Upon whom it devolves.

The obligation to make restoration or


reparation for damages and
indemnification for consequential
damages devolves upon the heirs of
the person liable.

The action to demand restoration,


reparation, and indemnification
likewise descends to the heirs of the
person injured.

Art. 109. Share of each person civilly liable.

Odette E. Paguio 525 of 529


If there are two or more persons
civilly liable for a felony, the courts
shall determine the amount for which
each must respond.

Art. 110. Several and subsidiary liability of


principals, accomplices and accessories
of a felony Preference in payment.

Notwithstanding the provisions of the


next preceding article, the principals,
accomplices, and accessories, each
within their respective class, shall be
liable severally (in solidum) among
themselves for their quotas, and
subsidiaries for those of the other
persons liable.

The subsidiary liability shall be


enforced, first against the property of

Odette E. Paguio 526 of 529


the principals; next, against that of the
accomplices, and, lastly, against that
of the accessories.

Whenever the liability in solidum or


the subsidiary liability has been
enforced, the person by whom
payment has been made shall have a
right of action against the others for
the amount of their respective shares.

Art. 111. Obligation to make restitution in


certain cases.

Any person who has participated


gratuitously in the proceeds of a
felony shall be bound to make
restitution in an amount equivalent to
the extent of such participation.

Odette E. Paguio 527 of 529


Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL
LIABILITY

Art. 112. Extinction of civil liability.

Civil liability established in Articles


100, 101, 102, and 103 of this Code
shall
(1) be extinguished in the same
manner as obligations,
(2) in accordance with the provisions
of the Civil Law.

Art. 113. Obligation to satisfy civil liability.

Except in case of extinction of his civil


liability as provided in the next
preceding article the offender shall

Odette E. Paguio 528 of 529


(1) continue to be obliged to satisfy the
civil liability resulting from the
crime committed by him,
(2) notwithstanding the fact that he
has served his sentence consisting of
deprivation of liberty or other
rights, or has not been required to
serve the same by reason of
amnesty, pardon, commutation of
sentence or any other reason.

Odette E. Paguio 529 of 529