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That the inducement be made directly with the intention of procuring the
In theory, conspiracy exists when two or more persons come to an agreement concerning the commission of the
commission of a felony and decide to commit it. To prove conspiracy, the prosecution must crime;
establish the following three requisites: b. That such inducement be the determining cause of the commission of the crime
(1) two or more persons came to an agreement, by the material executor.
(2) the agreement concerned the commission of a crime, and
(3) the execution of the felony was decided upon. 3. Those who cooperate in the commission of the offense by another act without which it
Once conspiracy is established, the act of one becomes the act of all. would not have been accomplished. [principals by indispensable cooperation]
Conspiracy presupposes unity of purpose and unity in the execution of the unlawful objective Participation in the criminal resolution, that is there is either anterior conspiracy
among the accused. When the accused by their acts aimed at the same object, one performing or unity of criminal purpose and intention immediately before the commission
one part and the other performing another part as to complete the crime, with a view to the of the crime charged;
attainment of the same object, conspiracy exists. (a) Requires participation in the criminal resolution
(b) There must be conspiracy
Well-settled is the rule that the existence of conspiracy cannot be presumed. Prior agreement (c) Concurrence is sufficient
or assent is usually inferred from the acts of the accused showing concerted action, common Cooperation in the commission of the offense by performing another act,
design and objective, actual cooperation, and concurrence of sentiments or community of without which it would have been accomplished.
interests. Mere presence at the scene of the crime or even knowledge of the plan or (a) Cooperation must be indispensable
acquiescence thereto are not sufficient grounds to hold a person liable as a conspirator. (b) If dispensable, accused is only an accomplice
(c) If cooperation is necessary in the execution of the offense, accused is considered
PRINCIPALS as a principal by direct participation.
Article 17 of the Revised Penal Code provides: Cooperation in the commission of the offense to desire or wish in common a thing. But that
Art. 17. Principals. The following are considered principals: common
1. Those who take a direct part in the execution of the act. [principals by direct will or purpose does not necessarily mean a previous understanding, for it can be explained or
participation] inferred
Elements: from the circumstances of each case.
a. That they participated in the criminal resolution; and
b. that they carried out their plan and personally took part in its execution by acts COLLECTIVE CRIMINAL RESPONSIBILITY
which directly tended to the same end. This is present when the offenders are criminally liable in the same manner and to the same
Those who are liable (participated in the criminal resolution): extent.
a. materially execute the crime; The penalty to be imposed must be the same for all. Principals by direct participation have
b. appear at the scene of the crime; collective
c. perform acts necessary in the commission of the offense. criminal responsibility. Principals by induction, except those who directly forced another to
Why one who does not appear at the scene of the crime is not liable: commit a
a. his non-appearance is deemed desistance which is favored and encouraged. crime, and principals by direct participation have collective criminal responsibility. Principals by
b. conspiracy is generally not a crime unless the law specifically provides a penalty indispensable cooperation have collective criminal responsibilities with the principals by direct
therefore. participation.
c. there is no basis for criminal liability because there is no criminal participation. INDIVIDUAL CRIMINAL RESPONSIBILITY
2. Those who directly force or induce others to commit it. [principals by induction] In the absence of any previous conspiracy, unity of criminal purpose and intention immediately
Elements: beforesss

the commission of the crime, or community of criminal design, the criminal responsibility arising (4) That the words of command must be uttered prior to the commission of the crime;
from different acts directed against one and the same person is individual and not collective, and
and ach of the participants is liable only for the act committed by him. (5) The material executor of the crime has no personal reason to commit the crime.

The basis is the importance of the cooperation to the consummation of the crime. Inducement must be strong enough that the person induced could not resist.
(1) If the crime could hardly be committed without such cooperation, then such cooperator (a) This is tantamount to an irresistible force compelling the person induced to carry out
would be a principal. the crime.
(2) If the cooperation merely facilitated or hastened the consummation of the crime, the (b) Ill-advised language is not enough unless he who made such remark or advice is a
cooperator coconspirator in the crime committed
is merely an accomplice. When does a principal by induction become liable?
The focus is not just on participation but on the importance of participation in committing the (a) The principal by induction becomes liable only when the principal by direct participation
crime. committed the act induced.
In case of doubt, favor the lesser penalty or liability. Apply the doctrine of pro reo. (b) The inducement must precede the act induced and must be so influential in producing the
criminal act that without it, the act would not have been performed.
What are the effects of acquittal of principal by direct participation upon the liability of principal
1. the inducement be made with the intention of procuring the commission of the crime
2. such inducement be the determining cause of the commission by the material executor Conspiracy is negated by the acquittal of codefendant.
To constitute inducement, there must exist on the part of the inducer the most positive
resolution and the most persistent effort to secure the commission of the crime, together with Illustration:
the presentation to the person induced of the very strongest kind of temptation to commit the While in the course of a quarrel, a person shouted to A, Kill him! Kill him! A killed the other
crime. person. Is the
person who shouted criminally liable? Is that inducement? No. The shouting must be an
2 ways of directly inducing another to commit a crime irresistible force for the one shouting to be liable.
1. By giving a price or offering reward of promise
The one giving the price or offering the reward or promise is a principal by inducement 2 ways of directly forcing another to commit a crime (People vs. Yanson-Dumancas)
while the one committing the crime in consideration thereof is a principal by direct 1. By using irresistible force- such physical force as would produce an effect upon the
participation. individual that despite of all his resistance, it reduces him to a mere instrument.
2. Causing uncontrollable fear- such fear that must be grave, actual, serious and of such
2. Using words of command kind that majority of men would succumb to such moral compulsion. The latter must
The person who used the words of command is a principal by inducement while the be such as to leave a reasonable fear for ones life or limb and not speculative, fanciful
person who committed the crime because of the words command is a principal by or remote fear.
direct participation.
(1) That the one uttering the words of command must have the intention of procuring
the commission of the crime;
(2) That the one who made the command must have an ascendancy or influence over ACCOMPLICE
the person who acted; "those persons who, not being included in Article 17, cooperate in the execution of the offense
(3) That the words used must be so direct, so efficacious, so powerful as to amount to by previous or simultaneous acts."
physical or moral coercion;

To be convicted as an accomplice, it is necessary that the accused be aware of the criminal (1) the employment of means of execution that gives the person attacked no opportunity
intent of the principal and then cooperate knowingly or intentionally by supplying material or to defend himself or to retaliate; and
moral aid for the efficacious execution of the crime. (2) deliberate or conscious adoption of the means of execution.
The characteristic and unmistakable manifestation of treachery is the deliberate, sudden and
To consider a person an accomplice in the commission of the offense, the following must unexpected attack on the victim, without warning and without giving him an opportunity to
concur: defend himself or repel the initial assault.
(1) community of design knowing the criminal design of the principal by direct
participation, one concurs therein; VOLUNTARY SURRENDER
(2) cooperation in the execution of the offense by previous or simultaneous acts, with the To benefit an accused, the following requisites must be proven:
intention of supplying material and moral aid in the execution of the crime in an (1) the offender has not actually been arrested;
efficacious way; and (2) the offender surrendered himself to a person in authority; and
(3) a relation between the acts done by the principal and those attributed to the person (3) the surrender was voluntary.
charged as accomplice.
A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit
To be deemed an accomplice, one needs to have had both knowledge of and participation in himself unconditionally to the authorities, either because he acknowledges his guilt, or he
the criminal act. In other words, the principal and the accomplice must have acted in wishes to save them the trouble and expense necessarily incurred in his search and capture.
conjunction and directed their efforts to the same end. Thus, it is essential that both were united
in their criminal design. INDETERMINATE SENTENCE LAW (RA 4103, AS AMENDED)
The Indeterminate Sentence is composed of:
ACCESSORY (1) A MAXIMUM taken from the penalty imposable under the penal code (considering attendant
Article 19 of the Revised Penal Code defines accessory as one who had knowledge of the circumstances)
commission of the crime and did not participate in its commission as principal or accomplice, (2) A MINIMUM taken from the penalty next lower to that fixed in the code.
yet took part subsequent to its commission by any of three modes:
(1) profiting oneself or assisting the offender to profit by the effects of the crime; Purpose of the law: to uplift and redeem valuable
(2) concealing or destroying the body of the crime, or the effects or instruments thereof, in human material and prevent unnecessary and
order to prevent its discovery; and excessive deprivation of liberty and economic
(3) harboring, concealing, or assisting in the escape of the principals of the crime, provided usefulness.
the accessory acts with abuse of his public functions or when the offender is guilty of It is necessary to consider the criminal first as an individual, and second as a member
treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is of the society.
known to be habitually guilty of some other crime. The law is intended to favor the defendant, particularly to shorten his term of
To convict an accused as an accessory, the following elements must be proven: imprisonment, depending upon his behavior and his physical, mental and moral record
(1) knowledge of the commission of the crime and as a prisoner, to be determined by the Board of Indeterminate Sentence.
(2) subsequent participation in it by any of the three above-cited modes. The settled practice is to give the accused the benefit of the law even in crimes punishable with
death or
Under paragraph 2 of said codal provision, the concealment or the destruction of the body of life imprisonment provided the resulting penalty, after considering the attending circumstances,
the crime or of the effects or the instruments thereof must have been done in order to prevent is reclusion temporal or less.
the discovery of the crime.
ISL does not apply to destierro. ISL is expressly granted to those who are sentenced to
TREACHERY imprisonment exceeding 1 year.
Two conditions must concur to constitute treachery, to wit:

Application on the imposed sentence Sec. 8: Violations of the conditions of the parole: If he/she violates any of the conditions of the
PROCEDURE FOR DETERMING THE MAXIMUM AND MINIMUM SENTENCE parole, the Board may issue his warrant of arrest. If captured/arrested, he shall serve the
(1) It consists of a maximum and a minimum instead of a single fixed penalty. remaining unexpired portion of the maximum sentence for which he was originally committed
(2) Prisoner must serve the minimum before he is eligible for parole. unless a new parole was granted.
(3) The period between the minimum and maximum is indeterminate in the sense that the
prisoner may be exempted from serving said indeterminate period in whole or in part. THREE-FOLD RULE
(4) The maximum is determined in any case punishable under the RPC in accordance with the Art. 70. Successive service of sentence. When the culprit has to serve two or more penalties,
rules and provisions of said code exactly as if the ISL had never been enacted. he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the
(5) Apply first the effect of privileged mitigating circumstances then consider the effects of following rules shall be observed:
aggravating and ordinary mitigating circumstances. In the imposition of the penalties, the order of their respective severity shall be followed so that
(6) The minimum depends upon the courts discretion with the limitation that it must be within they may
the range of the penalty next lower in degree to that prescribed by the Code for the offense be executed successively or as nearly as may be possible, should a pardon have been granted
committed. as to
the penalty or penalties first imposed, or should they have been served out.
Note: A minor who escaped from confinement in the reformatory is entitled to the benefits of For the purpose of applying the provisions of the next preceding paragraph the respective
the ISL severity of the penalties shall be determined in accordance with the following scale:
because his confinement is not considered imprisonment. (1) Death,
(2) Reclusion perpetua,
Coverage. The law does not apply to certain offenders: (3) Reclusion temporal,
(1) Persons convicted of offense punished with death penalty or life imprisonment (or reclusion (4) Prision mayor,
perpetua). (5) Prision correccional,
(2) Those convicted of treason, conspiracy or proposal to commit treason. (6) Arresto mayor,
(3) Those convicted of misprision of treason, rebellion, sedition or espionage. (7) Arresto menor,
(4) Those convicted of piracy. (8) Destierro,
(5) Those who are habitual delinquents (but applies to recidivists). (9) Perpetual absolute disqualification,
(6) Those who shall have escaped from confinement or evaded service of sentence. (10) Temporal absolute disqualification.
(7) Those who violated the terms of conditional pardon granted to them by the Chief Executive. (11) Suspension from public office, the right to vote
(8) Those whose maximum term of imprisonment does not exceed one year. and be voted for, the right to follow a profession
(9) Those who, upon the approval of the law, had been sentenced by final judgment. or calling, and
(12) Public censure
Conditions of parole
Sec. 6: Duty of the prisoner released under this Code: Report personally to such government Notwithstanding the provisions of the rule next preceding, the maximum duration of the
officials or convict's sentence shall not be more than three-fold the length of time corresponding
other parole officers appointed by the Board for a period of surveillance equivalent to the to the most severe of the penalties imposed upon him.
remaining No other penalty to which he may be liable shall be inflicted after the sum total of those
portion of the maximum sentence imposed upon him or until final release by the Board. If it is imposed equals the same maximum period.
shown that Such maximum period shall in no case exceed forty years.
he is a law-abiding citizen and did not violate any laws of the country, the Board may issue a In applying the provisions of this rule the duration of perpetual penalties shall be
final computed at thirty years. (As amended).
certificate of release which will entitle him to final release and discharge. Outline of the provisions of this Article:

(1) When the culprit has to serve 2 or more penalties, he shall serve them (d) The Rules of Court specifically provide that any information must not charge more than one
simultaneously if the nature of the penalties will so permit. offense.
(2) Otherwise, the order of their respective severity shall be followed. (e) Necessarily, the various offense punished with different penalties must be charged under
different informations which may be filed in the same court or in different courts, at the same
The respective severity of the penalties is as follows: time or at different times.
(1) Death (repealed) (f) Subsidiary imprisonment forms part of the penalty.
(2) Reclusion perpetua (g) Indemnity is a penalty.
(3) Reclusion temporal (h) Court must impose all the penalties for all the crimes of which the accused is found guilty,
(4) Prision mayor but in the service of the same, they shall not exceed three times the most severe and shall not
(5) Prision correccional exceed 40 years.
(6) Arresto mayor
(7) Arresto menor Mejorada v. Sandiganbayan (1987): The petitioner was convicted of violating Section 3(E) of
(8) Destierro RA No.
(9) Perpetual absolute disqualification 3019 aka the Anti-Graft and Corrupt Practices Act. One of the issues raised by the petitioner
(10) Temporary absolute disqualification concerns
(11) Suspension from public office, the right to vote, and be voted for, the right to follow the penalty imposed by the Sandiganbayan which totals 56 years and 8 days of imprisonment.
profession or calling, and He impugns this as contrary to the three-fold rule and insists that the duration of the aggregate
(12) Public censure penalties should not exceed 40 years.
Held: Petitioner is mistaken in his application of the 3-fold rule as set forth in Art. 70 of the
The penalties which can be simultaneously served are: RPC.
(1) Perpetual absolute disqualification This article is to be taken into account not in the imposition of the penalty but in connection with
(2) Perpetual special disqualification the
(3) Temporary absolute disqualification service of the sentence imposed. Art. 70 speaks of service of sentence, duration of penalty
(4) Temporary special disqualification and penalty to be inflicted. Nowhere in the article is anything mentioned about the imposition
(5) Suspension of penalty. It merely provides that the prisoner cannot be made to serve more than three times
(6) Destierro the most severe of these penalties the maximum which is 40 years.
(7) Public Censure
(8) Fine and Bond to keep the peace Where the Penalty Is Not Composed of 3 Periods
(9) Civil interdiction Art. 65. Rule in cases in which the penalty is not composed of three periods. In cases in which
(10) Confiscation and payment of costs the penalty prescribed by law is not composed of three periods, the courts shall apply the rules
(a) The above penalties, except destierro, can be served simultaneously with imprisonment. contained in the foregoing articles, dividing into three equal portions of time included in the
(b) Penalties consisting in deprivation of liberty cannot be served simultaneously by reason of penalty prescribed, and forming one period of each of the three portions.
the nature of such penalties.
Meaning of the Rule
Three-fold Rule: The maximum duration of the convicts sentence shall not be more than three (a) Compute and determine first the 3 periods of the entire penalty.
times the length of time corresponding to the most severe of the penalties imposed upon him. (b) The time included in the penalty prescribed should be divided into 3 equal portions, after
(a) The phrase the most severe of the penalties includes equal penalties. subtracting the minimum (eliminate the 1 day) from the maximum of the penalty.
(b) The three-fold rule applies only when the convict has to serve at least four sentences. (c) The minimum of the minimum period should be the minimum of the given penalty (including
(c) All the penalties, even if by different courts at different times, cannot exceed three-fold the the 1 day).
most severe.

(d) The quotient should be added to the minimum prescribed (eliminate the 1 day) and the total (ii) Special Complex Crimes - When the law specifically fixes a single penalty
will represent the maximum of the minimum period. for 2 or more offenses committed.
(1) Take the maximum of the minimum period, add 1 day and make it the minimum of the (iii) Continuing and Continued Crimes A single crime consisting of a series
medium period; then add the quotient to the minimum (eliminate the 1 day) of the medium of acts but all arising from one criminal resolution.
period and the total will represent the maximum of the medium period.
(2) Take the maximum of the medium period, add 1 day and make it the minimum of the COMPLEX CRIMES
maximum period; then add the quotient to the minimum (eliminate the 1 day) of the maximum Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave or less
period and the total will represent the maximum of the maximum period. grave felonies, or 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.
CRIMES Art. 48 requires the commission of at least 2 crimes.
Plurality of Crimes (Concursu de delitos) But the two or more GRAVE or LESS GRAVE felonies must be
(1) Consists of the successive execution (1) the result of a single act, or
(2) by the same individual (2) an offense must be a necessary means for committing the other.
(3) of different criminal acts
(4) for any of which no conviction has yet been declared. Nature of complex crimes
(a) Although two or more crimes are actually committed, they constitute only one crime, in the
Philosophy behind plural crimes eyes of the law; and in the conscience of the offender.
Through the concept of plural crimes, several crimes are treated as one. The purpose of this is (b) Even in the case where an offense is a necessary means for committing the other, the evil
to allow intent
leniency towards the offender, who, instead of being made to suffer distinct penalties for every of the offender is only one. Hence, there is only one penalty imposed for the commission of a
resulting complex crime.
crime is made to suffer one penalty only, although it is the penalty for the most serious one and No complex crime when:
is (1) Two or more crimes are committed, but not by a single act;
imposed in its maximum period. (2) Committing one crime is not a necessary means for committing the other (or others).
Note: If by complexing the crime, the penalty would turn out to be higher, do not complex [Monteverde v.
anymore. People (2002)]
A Complex crime is not just a matter of penalty, but of substance under the Revised Penal
Code. (1) Compound Crime (Delito Compuesto) A single act results in two or more grave or less grave
Kinds of Plurality of Crimes felonies.
(1) Real or Material Plurality Requisites:
(a) There are different crimes in law as well as in the conscience of the offender. (a) That only a single act is performed by the offender
(b) In such cases, the offender shall be punished for each and every offense that he (b) That the single acts produces:
committed. a. 2 or more grave felonies, or
(2) Formal or Ideal Plurality b. 1 or more grave and 1 or more less grave felonies, or
(a) There is but one criminal liability in this kind of plurality. c. 2 or more less grave felonies
(b) Divided into 3 groups:
(i) Complex Crimes - When the offender commits either of the complex crimes Light felonies produced by the same act should be treated and punished as separate offenses
defined in Art. 48 of the Code. or may be
absorbed by the grave felony.

Illustration: (4) When the offender already had in his possession the funds which he
When the crime is committed by force or violence, slight physical injuries are absorbed. So that misappropriated, the
when an offender performed more than one act, although similar, if they result in separate subsequent falsification of a public or official document involving said offense is a
crimes, separate offense.
(i) there is no complex crime at all, (5) No complex crime where one of the offenses is penalized by a special law.
(ii) instead, the offender shall be prosecuted for as many crimes as are committed under (6) There is no complex crime of rebellion with murder, arson, robbery, or other
separate information. common crimes
(7) In case of continuous crimes.
Compound crimes under Art. 48 is also applicable to crimes through negligence. Thus, a (8) When the other crime is an indispensable element of the other offense.
municipal mayor
who accidentally discharged his revolver, killing a girl and injuring a boy was found guilty of General rules in complexing crimes:
complex crime of homicide with less serious physical injuries through reckless imprudence. (1) When two crimes produced by a single act are respectively within the exclusive
(People v. Castro) jurisdiction of
Example of a compound crime: two courts of different jurisdiction, the court of higher jurisdiction shall try the complex
The victim was killed while discharging his duty as barangay captain to protect life and property crime.
and (2) The penalty for complex crime is the penalty for the most serious crime, the same
enforce law and order in his barrio. The crime is a complex crime of homicide with assault upon to be applied in its maximum period.
a person in authority. (3) When two felonies constituting a complex crime are punishable by imprisonment
When in obedience to an order several accused simultaneously shot many persons, without and fine, respectively, only the penalty of imprisonment should be imposed.
evidence (4) Art. 48 applies only to cases where the Code does not provide a definite specific
how many each killed, there is only a single offense, there being a single criminal impulse. penalty for a
(2) Complex Crime Proper (Delito Complejo) complex crime.
(a) An offense is a necessary means for committing the other. (5) One information should be filed when a complex crime is committed.
(b) In complex crime, when the offender executes various acts, he must have a single (6) When a complex crime is charged and one offense is not proven, the accused can
purpose. be
(c) But: When there are several acts performed, the assumption is that each act is convicted of the other.
impelled by a distinct criminal impulse, hence each will have a separate penalty. (7) Art. 48 also applies in cases when out of a single act of negligence or imprudence,
Requisites: two or more grave or less grave felonies resulted, but only the first part is applicable,
(1) That at least two offenses are committed i.e. compound crime. The second part of Art. 48 does not apply, referring to the
(2) That one or some of the offenses must be necessary to commit the other complex crime proper because
(3) That both or all the offenses must be punished under the same statute. this applies or refers only to a deliberate commission of one offense to commit another
Note: The phrase necessary means does not mean indispensable means offense.

No complex crime proper: PROBATION LAW (PD 968, AS AMENDED)

(1) Subsequent acts of intercourse, after forcible abduction with rape, are separate Definition of terms (Sec. 3)
acts of rape. Probation a disposition under which a defendant, after conviction and sentence, is released
(2) Not complex crime when trespass to dwelling is a direct means to commit a grave subject to conditions imposed by the court and to the supervision of a probation officer.
(3) No complex crime, when one offense is committed to conceal the other. Probationer a person placed on probation

Probation officer one who investigates for the court a referral for probation or supervises a applicable pursuant to Sec. 33 hereof (Effectivity clause: PD 968s substantive provisions took
probationer or both. effect on 3 January 1978)

Purpose (Sec. 2) Termination of probation; exception (Sec. 16)

(1) Promote the correction and rehabilitation of an offender by providing him with individualized After the period of probation and upon consideration of the report and recommendation of the
treatment. probation
(2) Provide an opportunity for the reformation of a penitent offender which might be less officer, the court may order the final discharge of the probationer upon finding that he has
probable if he were to serve a prison sentence. fulfilled the
(3) Prevent the commission of offenses. terms and conditions of his probation and thereupon, the case is deemed terminated. The final
discharge of the probationer shall operate to restore to him all civil rights lost or suspended as
Grant of probation, manner and conditions (Sec. 4) a result of his conviction and to fully discharge his liability for any fine imposed as to the offense
GRANT OF PROBATION for which probation was granted.
Subject to the provisions of this Decree, the trial court may, after it shall have convicted and
sentenced a defendant and upon application by said defendant within the period for perfecting The probationer and the probation officer shall each be furnished with a copy of such order.
an appeal, suspend the execution of the sentence and place the defendant on probation for The expiration of the probation period alone does not automatically terminate probation.
such period and upon such terms and conditions as it may deem best: Provided, That no Probation is
application for probation shall be entertained or granted if the defendant has perfected the not coterminous with its period. There must first be issued by the court, an order of final
appeal from the judgment of conviction. discharge based
on the report and recommendation of the probation officer. Only from such issuance can the
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. case of the
An probationer be deemed terminated. [Bala v. Martinez]
application for probation shall be filed with the trial court. The filing of the application shall be
deemed a
waiver of the right to appeal. An order granting or denying probation shall not be appealable.

The provisions of Sec. 4 of PD 968, as above amended, shall not apply to those who have
already filed their respective applications for probation at the time of the effectivity of this

Disqualified offenders
Probation under PD No. 968, as amended, is intended for offenders who are 18 years of age
above, and who are not otherwise disqualified by law Offenders who are disqualified are those:
(a) Sentenced to serve a maximum term of imprisonment of more than six years;
(b) Convicted of subversion or any offense against the security of the State, or the Public Order;
(c) Who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not more than Two
Hundred Pesos;
(d) Who have been once on probation under the provisions of this Decree; and
(e) Who are already serving sentence at the time the substantive provisions of PD 968 became