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UP 2012 Criminal Law Book 1 PDF
UP 2012 Criminal Law Book 1 PDF
13
2012 UP LAW
BAR REVIEWER
CRIMINAL
Criminal Law 1 LAW
CRIMINAL LAW TEAM 2012
BAR OPERATIONS COMMISSION 2012
Faculty Editor | Prof. Jay
Batongbacal
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2
Take note of Art. V, which defines criminal jurisdiction over
United States military and civilian personnel temporarily in
the Philippines in connection with activities approved by the
1
Sec. 8, P.D. No. 533 Philippine Government.
CRIMINAL LAW REVIEWER
(a) Philippine authorities shall have the primary United States shall notify each other of the
right to exercise jurisdiction over all offenses disposition of all cases in which both the
committed by United States personnel, except in authorities of the Philippines and the United States
cases provided for in paragraphs l (b), 2 (b), and 3 have the right to exercise jurisdiction.
(b) of this Article.
17
(b) United States military authorities shall have the b. Laws of Preferential Application
primary right to exercise jurisdiction over United
States personnel subject to the military law of the Examples:
United States in relation to: Members of Congress are not liable for libel or
slander for any speech in Congress or in any
(1) offenses solely against the property or security committee thereof. (Sec. 11, Art. VI, 1987
of the United States or offenses solely against the Constitution)
property or person of United States personnel; and Any ambassador or public minister of any
foreign State, authorized and received as such
(2) offenses arising out of any act or omission done by the President, or any domestic or domestic
in performance of official duty. servant of any such ambassador or minister are
exempt from arrest and imprisonment and
(c) The authorities of either government may whose properties are exempt from distraint,
request the authorities of the other government to seizure and attachment.3 (R.A. No. 75)
waive their primary right to exercise jurisdiction in Warship Rule – A warship of another country,
a particular case. even though docked in the Philippines, is
considered an extension of the territory of its
(d) Recognizing the responsibility of the United respective country. This also applies to
States military authorities to maintain good order embassies.
and discipline among their forces, Philippine
authorities will, upon request by the United States, c. Principles of Public International Law
waive their primary right to exercise jurisdiction
except in cases of particular importance to the Art. 14, NCC. ―xxx subject to the principles of
Philippines. If the Government of the Philippines public international law and to treaty stipulations.‖
determines that the case is of particular
importance, it shall communicate such The following persons are exempt from the
determination to the United States authorities provisions of the RPC:
within twenty (20) days after the Philippine (1) Sovereigns and other heads of state
authorities receive the United States request. (2) Ambassadors, ministers, plenipotentiary,
minister resident and charges d‘ affaires.
(e) When the United States military commander (Article 31, Vienna Convention on Diplomatic
determines that an offense charged by authorities Relations)
of the Philippines against United States personnel Note: Consuls and consular officers are NOT
arises out of an act or omission done in the exempt from local prosecution. (See Article 41,
performance of official duty, the commander will Vienna Convention on Consular Relations)
issue a certificate setting forth such determination.
This certificate will be transmitted to the Public vessels of a friendly foreign power are not
appropriate authorities of the Philippines and will subject to local jurisdiction.
constitute sufficient proof of performance of
official duty for the purposes of paragraph 3(b)(2) Note: Generality has NO reference to territoriality.
of this article. In those cases where the
Government of the Philippines believes the 2. Territoriality
circumstances of the case require a review of the
duty certificate, United States military authorities GENERAL RULE: Penal laws of the country have
and Philippine authorities shall consult force and effect only within its territory.
immediately. Philippine authorities at the highest
levels may also present any information bearing on It cannot penalize crimes committed outside its
its validity. United States military authorities shall territory.
take full account of the Philippine position. Where The territory of the country is not limited to the
appropriate, United States military authorities will land where its sovereignty resides but includes
take disciplinary or other action against offenders also its maritime and interior waters as well as
in official duty cases, and notify the Government of its atmosphere. (Art. 2, RPC)
the Philippines of the actions taken.
There is no crime when there is no law punishing the 3. Non-imposition of cruel and
same.
unusual punishment or excessive
Limitation: fines
Not every law punishing an act or omission may be Art III, Sec. 19, 1987 Const. Excessive fines shall
valid as a criminal law. If the law punishing an act is not be imposed, nor cruel, degrading or inhuman
ambiguous, it is null and void. punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving
5. Strict Construction of Penal Laws heinous crimes, the Congress hereafter provides for
it. Any death penalty already imposed shall be
Against State: The ―Doctrine of reduced to reclusion perpetua.
Pro Reo‖
a. Act Prohibiting the Imposition of
Pro reo doctrine: Whenever a penal law is to be
construed or applied and the law admits of two
Death Penalty in the Philippines (R.A.
interpretations - one lenient to the offender and one 9346)
strict to the offender, that interpretation which is Republic Act 9346
lenient or favorable to the offender will be adopted. An Act Prohibiting the Imposition of the Death
Penalty.
Basis: The fundamental rule that all doubts shall be
construed in favor of the accused and presumption Repealed the law imposing lethal injection (R.A.
of innocence of the accused. 8177) and the law imposing the death penalty (R.A.
7659) (Sec. 1).
Art. III, Sec. 14(2), 1987 Const. In all criminal
prosecutions, the accused shall be presumed This Act also imposes the punishment of reclusion
innocent until the contrary is proved. perpetua for offenses under any act using the
nomenclature of the RPC (Sec. 2 (a)) and the
punishment of life imprisonment for offenses under
Note: This is peculiar only to criminal law.
any act which does not use the nomenclature of the
RPC (Sec. 2(b))
EQUIPOISE RULE:
When the evidence of the prosecution and the
defense are equally balanced, the scale should be 4. Bill of attainder
tilted in favor of the accused in obedience to the Art III, Sec. 22, 1987 Const. No ex post facto law or
constitutional presumption of innocence.8 bill of attainder shall be enacted.
8
Ursua v. CA (1996); Corpuz v. People (1991)
CRIMINAL LAW REVIEWER
(3) Changes the punishment and inflicts a greater
punishment than the law annexed to the crime He who commits an intentional felony is responsible
when committed; for all the consequences which may naturally and
(4) Alters the legal rules of evidence, and logically result therefrom, whether foreseen or
authorizes conviction upon less or different intended or not.
21
testimony than the law required at the time of
the commission of the offense;
(5) Assumes to regulate civil rights and remedies
only, in effect imposes penalty or deprivation
of a right for something which when done was
lawful; and
(6) Deprives a person accused of a crime some
lawful protection to which he has become
entitled, such as the protection of a former
conviction or acquittal, or a proclamation of
amnesty. (Reyes, The Revised Penal Code
citing In re: Kay Villegas Kami, Inc.)
comprehensively, 'the proximate legal cause is that C, then C hit the car of B, then, finally, B hit the car
acting first and producing the injury, either of A.
24 immediately or by setting other events in motion, all
constituting a natural and continuous chain of In this case, the immediate cause of the damage to
events, each having a close causal connection with the car of A is the car of B, but that is not the
its immediate predecessor, the final event in the proximate cause.
chain immediately effecting the injury as a natural
and probable result of the cause which first acted, The proximate cause is the negligence of E (using
under such circumstances that the person his cellphone while driving) because it sets into
responsible for the first event should, as an ordinary motion the collision of all the cars.
prudent and intelligent person, have reasonable
ground to expect at the moment of his act or default US v. Valdez (1921):
that an injury to some person might probably result The deceased is a member of the crew of a vessel.
therefrom.‖ Accused is in charge of the crew members engaged
in the loading of cargo in the vessel.
GENERAL RULE: The offender is CRIMINALLY LIABLE
for ALL the natural and logical consequences of his Because the offended party was slow in his work, the
felonious act, although not intended, if the felonious accused shouted at him. The offended party replied
act is the proximate cause of the resulting harm. that they would be better if he would not insult
them.
Thus, the person is still criminally liable although
the wrongful act done be different from that which The accused resented this, and rising in rage, he
he intended in the following cases: moved towards the victim, with a big knife in hand
threatening to kill him.
(1) Error in personae - mistake in the identity of
the victim; injuring one person mistaken for The victim believing himself to be in immediate peril
another (Art. 49 – penalty for lesser crime in its threw himself into the water. The victim died of
maximum period) drowning. The accused was prosecuted for homicide.
(a) At least two subjects His contention that his liability should be only for
(b) A has intent to kill B, but kills C grave threats since he did not even stab the victim,
(c) Under Art. 3, if A hits C, he should have no that the victim died of drowning, and this can be
criminal liability. But because of Art. 4, his considered as a supervening cause.
act is a felony.
Held:
(2) Aberratio ictus - mistake in the blow; when The deceased, in throwing himself into the river,
offender intending to do an injury to one person acted solely in obedience to the instinct of self-
actually inflicts it on another (Art. 48 on preservation, and was in no sense legally responsible
complex crimes – penalty for graver offense in for his own death. As to him, it was but the exercise
its maximum period) of a choice between two evils, and any reasonable
(a) There is only one subject. person under the same circumstance might have
(b) The intended subject is a different subject, done the same.
but the felony is still the same.
This case illustrates that proximate cause does not
(3) Praeter intentionem - injurious result is greater require that the offender needs to actually touch the
than that intended (Art. 13 – mitigating body of the offended party.
circumstance)
(a) If A‘s act constitutes sufficient means to It is enough that the offender generated in the mind
carry out the graver felony, he cannot claim of the offended party an immediate sense of danger
praeter intentionem. that made him place his life at risk. In this case, the
accused must, therefore, be considered the author
Proximate Cause v. Immediate Cause v. Remote of the death of the victim.
Cause
Illustrations:
A, B, C, D, and E were driving their vehicles along Urbano v. IAC (1988):
Ortigas Ave. A‘s car was ahead, followed by those of A and B had a quarrel and A started to hack B with a
B, C, D, and E. bolo. B was wounded at the back.
When A‘s car reached the intersection of EDSA and Upon intervention, the two settled their differences.
Ortigas Avenue, the traffic light turned red so A A agreed to shoulder all the expenses for the
immediately stepped on his brakes, followed by B, treatment of the wound of B, and to pay him also
C, and D. whatever loss of income B may have suffered.
However, E was using his cellphone and therefore B, on the other hand, signed a statement of his
was not aware that the traffic light had turned to forgiveness towards A and on that condition, he
red, so he bumped the car of D, then D hit the car of withdrew the complaint that he filed against A.
CRIMINAL LAW REVIEWER
After so many weeks of treatment in a clinic, the victim being addicted to tuba drinking. (People
doctor pronounced that the wound was already v. Buhay and People v. Valdez).
healed. Thereafter, B went back to his farm.
(4) Neglect of the victim or third person, such as
A month later, B came home and was chilling. Before the refusal by the injured party of medical
25
midnight, he died out of tetanus poisoning. attendance or surgical operation, or the failure
of the doctor to give anti-tetanus injection to
The heirs of B filed a case of homicide against A. the injured person. (U.S. v. Marasigan).
Example: in rape, the slightest penetration Take note that when the Revised Penal Code speaks
already consummates the crime; the same is of grave and less grave felonies, the definition
true for arson where the slightest burning makes a reference specifically to Art. 25 of the
already renders the crime complete. Revised Penal Code.
Valenzuela vs. People (2007): Do not omit the phrase ―In accordance with Art. 25‖
No crime of frustrated theft. because there is also a classification of penalties
under Art. 26 that was not applied.
Facts: A grocery boy was caught trying to abscond a
box of Tide Ultrabar laundry soap from the Super This classification of felony according to gravity is
Sale Club. The guards apprehended him at the store important with respect to the question of
parking lot while trying to board a taxi. He claimed prescription of crimes.
the theft was merely frustrated for he was not able (3) Ex. If the penalty is a fine and exactly
to dispose of the goods. P200.00, it is only considered a light felony
under Art. 9. If the fine is imposed as an
Held: The Revised Penal Code provisions on theft alternative penalty or as a single penalty, the
have not been designed in such fashion as to fine of P200.00 is considered a correctional
accommodate the Adiao, Dino and Empelis rulings. penalty under Art. 26, hence a less grave
Again, there is no language in Article 308 that penalty.
expressly or impliedly allows that the ―free
disposition of the items stolen‖ is in any way
CRIMINAL LAW REVIEWER
If the penalty is exactly P200.00, apply Art. 26 For an act to be punishable, there must be a
(with respect to prescription of penalties). It is CONCURRENCE BETWEEN THE ACT and the INTENT.
considered as a correctional penalty and it
prescribes in 10 years. If the offender is b. That the act or omission must be 27
apprehended at any time within ten years, he punishable by the RPC;
can be made to suffer the fine.
c. That the act is performed or the
4. As to Count omission incurred by means of dolo or
culpa.
Plurality of crimes may be in the form of:
a. Compound Crime, Dolo is DELIBERATE INTENT otherwise referred to as
b. Complex crime; and criminal intent, and must be coupled with freedom
c. Composite crime. of action and intelligence on the part of the
offender as to the act done by him.
5. As to Nature
(ASKED 4 TIMES IN BAR EXAMS) Liability even in the absence of criminal intent
There are two exceptions to the requirement of
a. Mala in se criminal intent:
b. Mala prohibita (a) Felonies committed by CULPA. (infra)
(b) Offenses MALA PROHIBITA. (infra)
Art. 10. Offenses not subject to the provisions of
this Code. - Offenses which are or in the future may Intentional Felonies
be punishable under special laws are not subject to The act or omission is performed or incurred with
the provisions of this Code. This Code shall be deliberate intent (with malice) to cause an injury to
supplementary to such laws, unless the latter should another.
specially provide the contrary.
Requisites
NOTE: Please refer to p. [1] for the table comparing i. Freedom
mala in se and mala prohibita Voluntariness on the part of the person who commits
the act or omission.
9
Art. 275. Abandonment of person in danger and Example: In frustrated homicide, specific intent to
abandonment of one's own victim. kill is not presumed but must be proven, otherwise it
10
Art. 116. Misprision of treason. is merely physical injuries.
11
Black's Law Dictionary, 5th ed., p. 889
CRIMINAL LAW REVIEWER
The general criminal intent is presumed from the INTENT DISCERNMENT MOTIVE
criminal act and in the absence of any general intent Determination The mental It is the moving
is relied upon as a defense, such absence must be to do a capacity to tell power which
proved by the accused. certain thing, right from impels one to
an aim or wrong. do an act (ex.
Generally, a specific intent is not presumed. Its purpose of vengeance).
existence, as a matter of fact, must be proved by the mind.
the State just as any other essential element. Establish the Integral to the Generally, it is
nature and element of not an essential
This may be shown, however, by the nature of the extent of intelligence, element of a
act, the circumstances under which it was culpability in NOT intent. crime, hence, it
committed, the means employed and the motive of intentional need not be
the accused felonies. proved for
purposes of
Note: If any of the elements is absent, there is no conviction
dolo. If there is no dolo, there could be no (except in
intentional felony.12 certain cases
enumerated
Categories of Intent below)
General Criminal Intent Specific Criminal Intent When Motive Becomes Material in Determining
The intention to do The intention to commit Criminal Liability (ASKED ONCE IN BAR EXAMS)
something wrong. a definite act.
i. When the act brings about variant crimes (e.g.
Presumed from the Existence is not kidnapping v. robbery13)
mere doing of a wrong presumed. ii. When there is doubt as to the identity of the
act. assailant.
The burden is upon the Since the specific intent iii. When there is the need to ascertain the truth
wrong doer to prove is an element of the between two antagonistic versions of the crime.
that he acted without crime, the burden is iv. When the identification of the accused proceeds
such criminal intent. upon the prosecution to from an unreliable source and the testimony is
establish its existence. inconclusive and not free from doubt.
v. When there are no eyewitnesses to the crime,
Illustration: and when suspicion is likely to fall upon a
Ernie, without any provocation, stabbed Bert. number of persons.
vi. When the evidence on the commission of the
The very act of stabbing is the quantum of proof crime is purely circumstantial.
needed to establish the fact that Ernie intended to Lack of motive can aid in achieving
do something wrong. This is the GENERAL CRIMINAL acquittal of the accused, especially where
INTENT. there is doubt as to the identity of the
accused.14
However, Ernie can be liable for more than one
crime; thus, prosecution must establish Ernie‘s Illustration:
SPECIFIC INTENT in order to determine whether he Ernie came home and found his wife in a pleasant
planned to kill Bert or merely to inflict a whole lot conversation with Bert, former suitor. Thereupon, he
of pain. went to the kitchen, opened a drawer and pulled out
a knife. He then stabbed Bert.
Ernie can overturn the presumption of general
criminal intent by proving that he was justified The moving force is jealousy.
(infra), entitled to any exempting circumstances
13
People v. Puno (1993)
12 14
Visbal vs. Buban (2003) People vs Hassan, 1988
CRIMINAL LAW REVIEWER
The intent is presumed from the resort to the knife,
so that means he desires to kill Bert, the former Requisites:
suitor. (a) That the act done would have been lawful had
the facts been as the accused believed them to
Ernie‘s deliberate choice of something as lethal as be;
29
the knife shows the presence of intelligence because (b) That the intention of the accused in performing
it is his very awareness of the danger which the act should be lawful;
prompted his choice. This only means that he knew (c) That the mistake must be without fault or
what is right from wrong and deliberately chose to carelessness on the part of the accused. When
do what is wrong. the accused is negligent, mistake of fact is not a
defense.16
Note: Discernment does not indicate the presence of
intent, merely intelligence.15 Thus, discernment is US v. Ah Chong (1910):
necessary whether the crime is dolo or culpa. A cook who stabs his roommate in the dark, honestly
mistaking the latter to be a robber responsible for a
People v. Delos Santos (2003): series of break-ins in the area, and after crying out
Delos Santos stabs Flores with a kitchen knife hitting sufficient warnings and believing himself to be under
him on the different parts of his body, inflicting attack, cannot be held criminally liable for
upon him mortal wounds which directly caused his homicide.
death.
1) Would the stabbing be lawful if the facts were
He then argues that since the prosecution witnesses really what the houseboy believed? Yes. If it was
testified that there was no altercation between him really the robber and not the roommate then
and Flores, it follows that no motive to kill can be the houseboy was justified.
attributed to him. 2) Was the houseboy‘s intention lawful? Yes. He
was acting out of self-preservation.
Held: 3) Was the houseboy without fault or negligence?
The court held that the argument of Delos Santos is Yes. His deliberate intent to defend himself
inconsequential. with the knife can be determined by the fact
that he cried out sufficient warnings prior to the
Proof of motive is not indispensable for a conviction, act.
particularly where the accused is positively
identified by an eyewitness and his participation is Stabbing the victim whom the accused believed to
adequately established. be an intruder showed a mistake of fact on his part
which led him to take the facts as they appear to
In People vs. Galano, the court ruled that in the him and was pressed to take immediate action.
crime of murder, motive is not an element of the
offense, it becomes material only when the evidence
is circumstantial or inconclusive and there is some
doubt on whether the accused had committed it. However, mistake of fact is NOT availing in People
v. Oanis (74 Phil. 257), because the police officers
In this case, the court finds that no such doubt were at fault when they shot the escaped convict
exists, as witnesses De Leon and Tablate positively who was sleeping, without first ascertaining his
identified Delos Santos. identity. (It is only when the fugitive is determined
to fight the officers of law trying to catch him that
killing the former would be justified)
(1) Mistake of Fact (ignorantia facti excusat) (2) Culpa (CONSTRUCTIVE INTENT)
(ASKED ONCE IN BAR EXAMS) Although there is no intentional felony, there could
It is a reasonable misapprehension of fact on the be culpable felony.
part of the person causing injury to another. Such
person is NOT criminally liable as he acted without The act or omission is not malicious; the injury
criminal intent. caused being simply the incident of another act
performed without malice.
Under this principle, what is involved is the lack of
intent on the part of the accused. Therefore, the The element of criminal intent is replaced by
defense of mistake of fact is an untenable defense negligence, imprudence, lack of foresight or lack of
in culpable felonies, where there is no intent to skill.
consider.
Is culpa merely a mode of committing a crime or a
An honest mistake of fact destroys the presumption crime in itself?
of criminal intent which arises upon the commission
of a felonious act. (a) AS A MODE
15 16
People v. Cordova 1993 People v. Oanis, 1988
CRIMINAL LAW REVIEWER
Under Art. 3, it is clear that culpa is just a modality physical injuries through reckless imprudence for
by which a felony may be committed. which he was tried and acquitted.
30 Prior to his acquittal, a case for serious physical
injuries and damage to property through reckless
Act of Dolo Act of Culpa imprudence was filed.
OR
Accused claimed that he was placed in twice in
FELONY jeopardy.
Held:
The second case must be dismissed.
People vs. Faller (1939): Once convicted or acquitted of a specific act of
It was stated indirectly that criminal negligence or reckless imprudence, the accused may not be
culpa is just a mode of incurring criminal liability. prosecuted again for the same act.
For the essence of the quasi-offense under Art.
In this case, the accused was charged with malicious 365 of the RPC lies in the execution of an
mischief. imprudent act which would be punishable as a
felony.
Malicious mischief is an intentional negligence under The law penalizes the negligent act and not the
Article 327. Thus, there is no malicious mischief result.
through simple negligence or reckless imprudence The gravity of the consequences is only taken
because it requires deliberateness. into account to determine the penalty. It does
not qualify the substance of the offense.
The Supreme Court pointed out that although the As the careless act is single, whether the
allegation in the information charged the accused injurious result should affect one person or
with an intentional felony, yet the words feloniously several persons, the offense remains one and
and unlawfully, which are standard languages in an the same, and cannot be split into different
information, covers not only dolo but also culpa crimes and prosecutions.
because culpa is just a mode of committing a felony.
Negligence - Indicates deficiency of perception,
failure to pay proper attention, and to use diligence
(b) AS A CRIME in foreseeing the injury or damage impending to be
In Art. 365, criminal negligence is an omission which caused. Usually involves lack of foresight.
the article specifically penalizes.
Imprudence - Indicates deficiency of action, failure
The concept of criminal negligence is the to take the necessary precaution to avoid injury to
inexcusable lack of precaution on the part of the person or damage to property. Usually involves lack
person performing or failing to perform an act. of skill.
Art. 365 creates a distinction between imprudence Reason for punishing acts of negligence or
and negligence; simple or reckless, one might think imprudence: A man must use his common sense and
that criminal negligence is the one being punished. exercise due reflection in all his acts; it is his duty to
be cautious, careful and prudent.
Act of Dolo OR Act of Culpa
DOCTRINES CONCERNING CULPABLE CRIMES
Illustration:
D. Impossible Crimes The victim was tortured to death. He was later shot
in the back to make it appear that he was killed
Purpose of punishing impossible crimes: To suppress while trying to escape. The accused is not a
criminal propensity or criminal tendencies. principal to an impossible crime but an accessory to
Objectively, the offender has not committed a the killing committed by the principal (People v.
felony, but subjectively, he is a criminal. Saladino).
(c) Theft (Arts. 308, 310 and 311) As a result, petitioner-accused was sentenced to
(d) Usurpation (Arts. 312 and 313) imprisonment of only six months of arresto
32 (e) Culpable Insolvency (Art. 314) mayor for the felonious act he committed with
(f) Swindling and other deceits (Art. 315, 316, 317 intent to kill: this despite the destruction done
and 318) to the intended victim‘s house.
(g) Chattel Mortgage (Art. 319)
(h) Arson and other crimes involving destruction
(Arts. 320, 321, 322, 323, 324, 325 and 326) E. Stages of Execution
(i) Malicious mischief (Arts. 327, 328, 329, 330 and
331)
Classification Under Art. 6
Modified concept of impossible crime a. Consummated Felony
When all the elements necessary for its execution
Intod v. CA (1992): and accomplishment are present; the felony is
In this case, four culprits, all armed with produced.
firearms and with intent to kill, went to the
intended victim‘s house and after having b. Frustrated Felony
pinpointed the latter‘s bedroom, all four fired When the offender performs all the acts of execution
at and riddled the said room with bullets, which would produce the felony as a consequence
thinking that the intended victim was already but which, nevertheless, do not produce it by reason
there as it was about 10:00 in the evening. of causes independent of the will of the perpetrator.
It so happened that the intended victim did not
come home that evening and so was not in her c. Attempted Felony
bedroom at that time. When the offender commences the commission of a
Eventually the culprits were prosecuted and felony directly by overt acts, and does not perform
convicted by the trial court for attempted all the acts of execution which should produce the
murder. felony by reason of some cause or accident other
CA affirmed the judgment but the SC modified than his own spontaneous desistance.
the same and held the petitioner liable only for
the so-called impossible crime.
Development of a Crime
ELEMENTS OF CRIMINAL IMPOSSIBLE CRIME
ATTEMPTED FRUSTRATED CONSUMMATED
LIABILITY
Lacking due to: Intervention other
i. inherent than own desistance;
Actus Reus impossibility some but not all acts
ii. employment of of execution
inadequate means
Mens Rea
Concurrence
Result
Causation
a. Attempted Stage
But, it does not negate all criminal liability, if the
Elements: desistance was made when acts done by him already
(1) The offender commences the commission of the resulted in a felony,
felony directly by overt acts;
(2) He does not perform all the acts of execution The offender will still be criminally liable for the
which should produce the felony; felony brought about by his act.
(3) The non-performance of all acts of execution
was due to cause or accident other than his own What is negated is only the attempted stage, but
spontaneous desistance. there may be other felonies arising from his act.
Marks the commencement of the subjective phase: Note: Desistance is true only in the attempted stage
of the felony.
Subjective phase - That portion of the acts
constituting a crime, starting from the point where If the felony is already in its frustrated stage,
the offender begins the commission of the crime to desistance will NOT negate criminal liability.
that point where he still has control over his acts
including their (act‘s) natural course Illustration: Supposing Ernie (because he thought
killing Bert was too easy a revenge) desisted mid-
If between those two points, the offender is stopped stroke. However, Bert felt the movement and
by reason of any cause outside of his own voluntary turned. He was so shocked that he suddenly backed
desistance, the subjective phase has not been away and tripped over his own feet. As Bert went
passed and it is merely an attempt. down, his left eye caught the sharp corner of a table
causing a puncture on his eyeball rendering him
Illustration: The subjective phase for Ernie was from completely blind on the left side.
the moment he swung his arm to stab Bert up until Ernie would not be liable for attempted
he finished his stroke. This is the interim where he murder because of his desistance (regardless
still has control of his actions. of his reason for doing so)
His liability would now be for serious physical
Desistance – is an absolutory cause which negates injuries because his act of raising the knife was
criminal liability because the law encourages a the proximate cause for Bert losing an eye.
person to desist from committing a crime.
CRIMINAL LAW REVIEWER
In the attempted stage, the definition uses the word There was only a shelling of the castle but no
“directly.‖ bombardment of the drawbridge yet.
34
The word ―directly‖ emphasizes the requirement
that the attempted felony is that which is directly b. Frustrated Stage
linked to the overt act performed by the offender,
not the felony he has in his mind. Elements
(1) The offender performs all the acts of execution;
People v. Lamahang (1935): (2) All the acts performed would produce the felony
The accused was arrested while he was detaching as a consequence;
some of the wood panels of a store. He was already (3) But the felony is not produced;
able to detach two panels. (4) By reason of causes independent of the will of
the perpetrator.
Held: In criminal law, since the act of removing the
panel indicates only at most the intention to enter, The end of the subjective phase and the beginning of
he can only be prosecuted for trespass. There is the objective phase.
nothing in the record to justify a concrete finding
that his final objective, once he succeeded in Objective phase – the result of the acts of
entering the store, was to rob, to cause physical execution, that is, the accomplishment of the crime.
injury to the inmates, or to commit any other
offense. The removal of the paneling is just an If the subjective and objective phases have been
attempt to trespass, not an attempt to rob. Although passed there is a consummated felony.
Lamahang was charged with attempted robbery, the
Supreme Court held that he is only liable for People v. Listerio (2000):
attempted trespass because that is the crime that Brothers Jeonito and Marlon were walking when they
can be directly linked to his act of removing the met a group composed of men who blocked their
wood panel. path and attacked them with lead pipes and bladed
weapons. One stabbed Jeonito from behind.
Jeonito‘s brother, Marlon, was hit on the head.
There are some acts which are ingredients of a
certain crime, but which are, by themselves, already Held:
criminal offenses. 1) The SC held that the crime is a frustrated felony
not an attempted offense considering that after
People v. Campuhan (2000): being stabbed and clubbed twice in the head as
The mother of the 4-year-old victim caught the a result of which he lost consciousness and fell.
houseboy Campuhan in the act of almost raping her Marlon's attackers apparently thought he was
daughter. already dead and fled.
2) A crime cannot be held to be attempted unless
The hymen of the victim was still intact. However, the offender, after beginning the commission of
since it was decided in People v. Orita that entry the crime by overt acts, is prevented, against
into labia is considered rape even without rupture his will, by some outside cause from performing
and full penetration of the hymen, a question arises all of the acts which should produce the crime.
whether what transpired was attempted or 3) In other words, to be an attempted crime, the
consummated rape. purpose of the offender must be thwarted by a
foreign force or agency which intervenes and
Held: compels him to stop prior to the moment when
There was only attempted rape. he has performed all of the acts which should
Mere touching of external genitalia by the penis produce the crime as a consequence, which acts
is already rape. it is his intention to perform.
Touching should be understood as inherently 4) If he has performed all the acts which should
part of entry of penis penetration and not mere result in the consummation of the crime and
touching, in the ordinary sense, of the voluntarily desists from proceeding further, it
pudendum. cannot be an attempt.
Requires entry into the labia, even if there be
no rupture of the hymen or laceration of the
vagina, to warrant a conviction for Crimes which do not admit of frustrated stage
consummated rape.
Where entry into the labia has not been (a) Rape
established, the crime amounts to an attempted The essence of the crime is carnal
rape. knowledge.
The prosecution did not prove that Campuhan‘s No matter what the offender may do to
penis was able to penetrate victim‘s vagina accomplish a penetration, if there was no
because the kneeling position of the accused penetration yet, it cannot be said that the
obstructed the mother‘s view of the alleged offender has performed all the acts of
sexual contact. The testimony of the victim execution.
herself claimed that penis grazed but did not
penetrate her organ.
CRIMINAL LAW REVIEWER
We can only say that the offender in rape depending on the duration that it took for the
has performed all the acts of execution damage to heal.
when he has effected a penetration.
Once there is penetration, no matter how (f) Theft
slight it is, the offense is consummated. Once there is unlawful taking, theft is
35
consummated.
People v. Orita (1990): Either the thing was taken or not.
For this reason, rape admits only of the attempted Disposition of the stolen goods is not an
and consummated stages, no frustrated stage. (see element of theft under the RPC.
the previously cited case of People v. Campuhan for
the most recent doctrine on penetration). Rule of thumb: Felonies that do not require any
result do not have a frustrated stage.
(b) Arson
One cannot say that the offender, in the Factors in Determining the Stage of Execution of a
crime of arson, has already performed all Felony
the acts of execution which could produce a. The manner of committing the crime;
the destruction of the premises through the b. The elements of the crime; and
use of fire, unless a part of the premises c. The nature of the crime itself.
has begun to burn.
The crime of arson is therefore These three factors are helpful in trying to pinpoint
consummated even if only a portion of the whether the crime is still in its attempted,
wall or any part of the house is burned. The frustrated or consummated stage.
consummation of the crime of arson does
not depend upon the extent of the damage a. The Manner of Committing the Crime
caused. (People v. Hernandez)
(1) Formal Crimes - consummated in one
(c) Bribery and Corruption of Public Officers instant, no attempt.
The manner of committing the crime (a) Ex. Slander and false testimony
requires the meeting of the minds between (b) There can be no attempt, because
the giver and the receiver. between the thought and the deed,
If there is a meeting of the minds, there is there is no chain of acts that can be
consummated bribery or consummated severed.
corruption.
If there is none, it is only attempted. (2) Crimes consummated by mere attempt or
proposal by overt act.
(d) Adultery (a) Ex. Flight to enemy‘s country (Art. 121)
This requires the sexual contact between and corruption of minors (Art. 340)
two participants.
If that link is present, the crime is (3) Felony by omission
consummated; (a) There can be no attempted stage when
the felony is by omission, because the
(e) Physical Injuries offender does not execute acts, he
omits to perform an act which the law
Under the Revised Penal Code, the crime of
requires him to do.
physical injuries is penalized on the basis of
the gravity of the injuries.
(4) Crimes requiring the intervention of two
There is no simple crime of physical
persons to commit them are consummated
injuries. There is the need to categorize
by mere agreement.
because there are specific articles that
(a) In bribery, the manner of committing
apply whether the physical injuries are
the crime requires the meeting of the
serious, less serious or slight.
minds between the giver and the
Thus, one could not punish the attempted
receiver.
or frustrated stage because one does not
(b) When the giver delivers the money to
know what degree of physical injury was
the supposed receiver, but there is no
committed unless it is consummated.
meeting of the minds, the only act
done by the giver is an attempt.
Illustration:
When Bert lost his left eye, Ernie‘s liability was
(5) Material Crimes – have three stages of
automatically for serious physical injuries. He would
execution
have no liability if the eye was intact.
Thus, in determining the stage of some
crimes, the manner of execution becomes
If the eye suffered damage due to the impact, the
pivotal in determining the end of the
crime would not be frustrated nor attempted
subjective phase, i.e. once the offender
physical injuries because the RPC still considers this
performs the act in the manner provided for
as a consummated physical injury, its gravity
in the law, HE IS ALREADY DEEMED TO HAVE
PERFORMED EVERY ACT FOR ITS EXECUTION.
CRIMINAL LAW REVIEWER
(3) The execution of the felony was decided upon. Proposal to commit a felony - when the person who
has decided to commit a felony proposes its
Note: There must be participation in the criminal execution to some other person or persons. (Art. 8,
resolution because simple knowledge thereof by a RPC)
person may only make him liable as an accomplice.
Examples: Proposal to commit treason (Art. 115)
GENERAL RULE: Conspiracy and proposal to commit and proposal to commit coup d‘état, rebellion or
a felony are not punishable. insurrection (Art. 136).
instance, A stabbed D. C and B followed. In this but he will still be liable for the homicide under
case, it was held that conspiracy was present. the conspiracy theory.
38
In some exceptional situations, having community of
design with the principal does not prevent a
malefactor from being regarded as an accomplice if
his role in the perpetration of the homicide or
murder was, relatively speaking, of a minor
character. (People v. Nierra)
Illustration:
There was a planned robbery, and the taxi driver
was present during the planning.
The taxi driver agreed for the use of his cab but
said, ―I will bring you there, and after committing
the robbery I will return later.‖ The taxi driver
brought the conspirators where the robbery would
be committed. After the robbery was finished, he
took the conspirators back to his taxi and brought
them away.
2 Concepts of How
Stage Legal requirements Illustration
Conspiracy incurred
A, B, C and D came to an
39
agreement to commit
rebellion. Their agreement
was to ring about the
rebellion on a certain
date.
Even if none of them has
The RPC must specifically punish the
performed the act of
act of conspiring (and proposing)
rebellion, there is already
The act MUST NOT BE
criminal liability arising
ACCOMPLISHED, else the conspiracy
AS A FELONY Preparatory Mere from the conspiracy to
is obliterated and the ACT ITSELF IS
IN ITSELF acts agreement commit the rebellion.
PUNISHED.
But if anyone of them has
QUANTUM OF PROOF: Conspiracy committed the overt act of
as a crime must be established rebellion, the crime of all
beyond reasonable doubt is no longer conspiracy but
rebellion itself.
This subsists even though
the other co-conspirators
do not know that one of
them had already done the
act of rebellion.
Participants acted in concert or
simultaneously or IN ANY WAY which
Three persons plan to rob
is indicative of a meeting of the
a bank. For as long as the
minds towards a common criminal
conspirators merely
goal or criminal objective.
entered the bank there is
The act of meeting together is not
no crime yet. But when
necessary as long as a common
one of them draws a gun
AS A Commis- objective can be discerned from the
Executory and disarms the security
BASIS FOR sion of overt acts.
acts guard, all of them shall be
LIABILITY overt act THE ACT MUST BE ACCOMPLISHED, if
held liable, unless a co-
there is only conspiracy or proposal,
conspirator was absent
THERE IS NO CRIME TO BE PUNISHED.
from the scene of the
QUANTUM OF PROOF: Reasonably crime or he showed up,
inferred from the acts of the but he tried to prevent the
offenders when such acts disclose or commission of the crime.
show a common pursuit of the
criminal objective. (People v. Pinto)
G. Multiple Offenders
Quasi-Recidivism; Habitual
Recidivism/Reincindencia; Habituality/Reiteracion/
Art. 160 Delinquency;
Art. 14 (9) Repetition; Art. 14 (10)
Art. 62 (5)
Before serving or Specified:
Sufficient that the
while serving 1. less serious or
offender have been
Necessary that the sentence, the serious physical
previously convicted by
Crimes offender shall have served offender commits injuries
final judgment for another
committed out his sentence for the a felony (NOT a 2. robbery
crime embraced in the
first offense crime) 3. theft
same title of the Code on
4. estafa
the date of his trial
5. falsification
Period of Before serving or Within 10 years
time the while serving from his last
No period of time
crimes are sentence release or
committed conviction
Number of The second conviction for The previous and Offender commits
Guilty the third
crimes an offense embraced in subsequent offenses must a felony
time or oftener
committed the same title of RPC NOT be embraced in the
CRIMINAL LAW REVIEWER
1. Recidivism
Requisites
Basis: the greater perversity of the offender, as shown (1) Offender had been convicted of any of the crimes
by his inclination to commit crimes of serious or less serious physical injuries, robbery,
theft, estafa, or falsification
A recidivist is one who, at the time of his trial for one (2) After that conviction or after serving his sentence,
crime, shall have been previously convicted by final he again committed, and, within 10 years from his
judgment of another crime embraced in the same title release or first conviction, he was again convicted
of the Revised Penal Code. (People v. Lagarto, 1991) of any of the said crimes for the second time
(3) After his conviction of, or after serving sentence
Requisites for, the second offense, he again committed, and,
(1) Offender is on trial for an offense within 10 years from his last release or last
(2) He was previously convicted by final judgment of conviction, he was again convicted of any of said
another crime offenses, the third time or oftener
(3) Both the first and second offenses are embraced
in the same title of the RPC Purpose of the law in imposing additional penalty
(4) Offender is convicted of the new offense To render more effective social defense and the
reformation of habitual delinquents (REYES, quoting
Note: What is controlling is the time of trial, not the People v. Abuyen)
time of commission of the crime. (Reyes, Revised
Penal Code) See also: Aggravating circumstances
Art. 48 requires the commission of at least 2 crimes. Compound crimes under Art. 48 is also applicable to
But the two or more GRAVE or LESS GRAVE felonies crimes through negligence. Thus, a municipal mayor
must be who accidentally discharged his revolver, killing a
(1) the result of a single act, or girl and injuring a boy was found guilty of complex
(2) an offense must be a necessary means for crime of homicide with less serious physical injuries
committing the other. through reckless imprudence. (People v. Castro)
criminal impulse, hence each will have a separate grave or less grave felonies resulted, but only
penalty. the first part is applicable, i.e. compound
42 crime. The second part of Art. 48 does not
Requisites: apply, referring to the complex crime proper
(1) That at least two offenses are committed because this applies or refers only to a
(2) That one or some of the offenses must be deliberate commission of one offense to commit
necessary to commit the other another offense.
(3) That both or all the offenses must be
punished under the same statute. 2. Special Complex/Composite crimes
Note: The phrase ―necessary means‖ does not mean The substance is made up of more than one crime
―indispensable means‖ but which in the eyes of the law is only
(1) a single indivisible offense.
People vs. Comadre (2004): (2) all those acts done in pursuance of the crime
The single act by appellant of detonating a hand agreed upon are acts which constitute a
grenade may quantitatively constitute a cluster of single crime.
several separate and distinct offenses, yet these
component criminal offenses should be considered Special Complex Crimes
only as a single crime in law on which a single (1) Robbery with Homicide (Art. 294 (1))
penalty is imposed because the offender was (2) Robbery with Rape (Art. 294 (2))
impelled by a ―single criminal impulse‖ which shows (3) Robbery with Arson
his lesser degree of perversity. (4) Kidnapping with serious physical injuries (Art.
267 (3))
No complex crime proper: (5) Kidnapping with rape
(a) Subsequent acts of intercourse, after forcible (6) Rape with Homicide (Art. 335)
abduction with rape, are separate acts of rape. (7) Arson with homicide
(b) Not complex crime when trespass to dwelling is
a direct means to commit a grave offense. When crimes involved cannot be legally
(c) No complex crime, when one offense is complexed, viz:
committed to conceal the other. (1) Malicious obtention or abusive service of
(d) When the offender already had in his possession search warrant (Art. 129) with perjury;
the funds which he misappropriated, the (2) Bribery (Art. 210) with infidelity in the
subsequent falsification of a public or official custody of prisoners;
document involving said offense is a separate (3) Maltreatment of prisoners (Art. 235) with
offense. serious physical injuries;
(e) No complex crime where one of the offenses is (4) Usurpation of real rights (Art. 312) with
penalized by a special law. serious physical injuries; and
(f) There is no complex crime of rebellion with (5) Abandonment of persons in danger (Art. 275)
murder, arson, robbery, or other common and crimes against minors (Art. 276 to 278)
crimes (People v. Hernandez; Enrile v. Salazar). with any other felony.
(g) In case of continuous crimes.
(h) When the other crime is an indispensable
element of the other offense.
3. Continued and Continuing Crimes
(Delito Continuado)
General rules in complexing crimes:
(a) When two crimes produced by a single act are Continued crime (continuous or continuing) - A
respectively within the exclusive jurisdiction of single crime, consisting of a series of acts but all
two courts of different jurisdiction, the court of arising from one criminal resolution.
higher jurisdiction shall try the complex
crime. Cuello Calon explains the delito continuado in this
(b) The penalty for complex crime is the penalty way: When the actor , there being unity of purpose
for the most serious crime, the same to be and of right violated, commits diverse acts, each one
applied in its maximum period. of which, although of a delictual character, merely
(c) When two felonies constituting a complex crime constitutes a partial execution of a single particular
are punishable by imprisonment and fine, delict, such delictual acts is called delito
respectively, only the penalty of imprisonment continuado. Example: One who on several occasions
should be imposed. steals wheat deposited in a granary. Each
(d) Art. 48 applies only to cases where the Code abstraction constitutes theft, but instead of
does not provide a definite specific penalty for a imposing on the culprit different penalties for each
complex crime. theft committed, he is punished for only one ―hurto
(e) One information should be filed when a complex continuado‖ for the total sum or value abstracted.
crime is committed.
(f) When a complex crime is charged and one Continuing offense - A continuous, unlawful act or
offense is not proven, the accused can be series of acts set on foot by a single impulse and
convicted of the other. operated by an unintermittent force, however long a
(g) Art. 48 also applies in cases when out of a single time it may occupy.
act of negligence or imprudence, two or more
CRIMINAL LAW REVIEWER
Although there is a series of acts, there is only one some were mortally wounded, the accused
crime committed. Hence, only one penalty shall be should be held for the complex crime of
imposed. multiple homicide with multiple frustrated
homicide.
There is a complex crime not only when there is
43
Real or material
Continued Crime a single act but a series of acts.
plurality
There is a series of acts performed by the offender. It is correct that when the offender acted in
The different acts conspiracy, this crime is considered as one and
Each act performed prosecuted under one information.
constitute only one
constitutes a separate Although in this case, the offenders did not only kill
crime because all of the
crime because each act one person but killed different persons, the Supreme
acts performed arise
is generated by a
from one criminal Court considered this as complex.
criminal impulse
resolution.
People v. De Leon (1926): a thief who took from a Whenever the Supreme Court concludes that the
yard of a house two game roosters belonging to two criminals should be punished only once, because
different persons was ruled to have committed only they acted in conspiracy or under the same criminal
one crime of theft, because there is a unity of impulse:
thought in the criminal purpose of the offender. The it is necessary to embody these crimes under
accused was animated by a single criminal impulse. one single information.
It is necessary to consider them as complex
A continued crime is not a complex crime. crimes even if the essence of the crime does not
The offender here does not perform a single act, fit the definition of Art 48, because there is no
but a series of acts, and one offense is not a other provision in the RPC.
necessary means for continuing the other.
Hence, the penalty is not to be imposed in its Applying the concept of the ―continued crime‖,
maximum period. the following cases have been treated as
constituting one crime only:
A continued crime is different from a transitory i. People v. Tumlos, (1939): The theft of 13 cows
crime (moving crime.) in criminal procedure for belonging to two different persons committed
purposes of determining venue. by the accused at the same place and period of
time;
When a transitory crime is committed, the criminal ii. People v. Jaranilla, (1974): The theft of six
action may be instituted and tried in the court of the roosters belonging to two different owners from
municipality, city or province wherein any of the the same coop and at the same period of time;
essential ingredients thereof took place. iii. People v. Sabbun, (1964): The illegal charging of
fees for service rendered by a lawyer every time
(ASKED TWICE IN BAR EXAMS) he collected veteran‘s benefits on behalf of a
While Article 48 speaks of a complex crime where a client who agreed that attorney‘s fees shall be
single act constitutes two or more grave or less paid out of such benefits. The collections of
grave offenses, those cases involving a series of acts legal fees were impelled by the same motive,
resulting to two or more grave and less grave that of collecting fees for services rendered,
felonies, were considered by the Supreme Court as a and all acts of collection were made under the
complex crime when it is shown that the act is the same criminal impulse.
product of one single criminal impulse.
The Supreme Court declined to apply the concept
TIP: If confronted with a problem, the Supreme in the following cases:
Court has extended this class of complex crime to i. People v. Dichupa, (1961): Two estafa cases,
those cases when the offender performed not a one which was committed during the period
single act but a series of acts as long as it is the from January 19 to December, 1955 and the
product of a single criminal impulse other from January 1956 to July 1956. Said acts
were committed on two different occasions;
People v. Garcia (1980): ii. People v. CIV: Several malversations committed
The accused were convicts who were members in May, June and July 1936 and falsifications to
of a certain gang and they conspired to kill the conceal said offenses committed in August and
other gang. October, 1936. The malversations and
falsifications were not the result of one
Some of the accused killed their victims in one
resolution to embezzle and falsity;
place within the same penitentiary, some killed
the others in another place within the same
In the THEFT cases:
penitentiary.
The trend is to follow the single larceny doctrine:
The Supreme Court ruled that all accused should
i. taking of several things,
be punished under one information because they
ii. whether belonging to the same or different
acted in conspiracy.
owners,
The act of one is the act of all.
Because there were several victims killed and
CRIMINAL LAW REVIEWER
Imputability – is the quality by which an act may be An affirmative defense, hence, the burden of
ascribed to a person as it author or owner. It implies evidence rests on the accused who must prove the
that the act committed has been freely and circumstance by clear and convincing evidence.
consciously done and may, therefore, be put down
to th doer as his very own There is NO crime committed, the act being
justified. Thus, such persons cannot be considered
Responsibility – is the obligation of suffering the criminals.
consequences of crime. It is the obligation of taking
the penal and civil consequences of the crime. Basis: Lack of criminal intent
aggressor retreats to obtain a more Prosecution claimed that Dela Cruz and Rivera had a
advantageous position to ensure the success relationship and that the accused was madly in love
of the initial attack, unlawful aggression is with the deceased and was extremely jealous of
deemed to continue. another woman with whom Rivera also had a 45
(3) Must come from the person attacked by the relationship. Dela Cruz claimed, on the other hand,
accused. that on her way home one evening, Rivera followed
(4) Unlawful aggression must also be a her, embraced and kissed her and touched her
continuing circumstance or must have been private parts. She didn‘t know that it was Rivera and
existing at the time the defense is made. that she was unable to resist the strength of Rivera
Once the unlawful aggression is found to so she got a knife from her pocket and stabbed him
have ceased, the one making the defense of in defense of her honor.
a stranger would likewise cease to have any
justification for killing, or even just Held: She is justified in using the pocketknife in
wounding, the former aggressor. [People vs. repelling what she believed to be an attack upon her
Dijan (2002)] honor. It was a dark night and she could not have
identified Rivera. There being no other means of
Note: No unlawful aggression when there was an self-defense.
agreement to fight and the challenge to fight
was accepted. BUT aggression which is ahead of People v. Juarigue (1946): Amado (deceased) has
an agreed time or place is unlawful aggression. been courting the accused Avelina in vain. On the
day of the crime, Avelina and Amado were in
b. Reasonable necessity of means employed to Church. Amado sat beside Avelina and placed his
prevent or repel it. hand on her thigh. Thereafter, Avelina took out her
knife and stabbed Amado in the neck, causing the
Test of reasonableness death of Amado.
The means employed depends upon:
(1) nature and quality of the weapon used by Held: Although the defense of one‘s honor exempts
the aggressor one from criminal liability, it must be proved that
(2) aggressor‘s physical condition, character, there is actual danger of being raped. In this case, 1)
size, and other circumstances the church was well-lit, 2) there were several people
(3) and those of the person defending himself in the church, including the father of the accused
(4) the place and occasion of the assault. and other town officials. In light of these
circumstances, accused could not have possibly been
c. Lack of sufficient provocation on part of raped. The means employed in defense of her honor
defender was evidently excessive.
(1) In case there was a provocation on the part
of the person attacked, the attack should b. Defense of Property:
not immediately precede the provocation
for defense to be valid. People vs. Apolinar: This can only be invoked as
(2) Never confuse unlawful aggression with justifying circumstance if
provocation. (1) Life and limb of the person making the defense
(3) Mere provocation is not enough. It must be is also the subject of unlawful aggression
real and imminent. Unlawful aggression is (2) Life cannot be equal to property.
an indispensable requisite.
(4) If there is unlawful aggression but one of People v. Narvaez (1983): Narvaez was taking his
the other requisites is lacking, it is rest inside his house when he heard that the wall of
considered an incomplete self-defense his house was being chiseled. He saw that Fleischer
which mitigates liability. and Rubia, were fencing the land of the father of the
(5) Self-defense includes the defense of one‘s deceased Fleischer. He asked the group to stop but
rights, that is, those rights the enjoyment they refused. The accused got mad so he got his
of which is protected by law. shotgun and shot Fleischer. Rubia ran towards the
(6) Retaliation is different from an act of self- jeep and knowing there is a gun on the jeep, the
defense. accused fired at Rubia as well. Narvaez claimed he
acted in defense of his person and rights.
victims. Thus, there is incomplete self-defense. (3) The person defending be not induced by
revenge, resentment or other evil motive.
46
Note: If the person being defended is a second
cousin, it will be defense of stranger.
2. Defense of Relatives
Basis: What one may do in his defense, another may
Elements: do for him. The ordinary man would not stand idly
(1) Unlawful aggression by and see his companion killed without attempting
Unlawful aggression may not exist as a matter of to save his life
fact, it can be made to depend upon the honest
belief of the one making the defense. Reason: The 4. Avoidance of a Greater Evil
law acknowledges the possibility that a relative, by
virtue of blood, will instinctively come to the aid of Requisites:
their relatives. (1) Evil sought to be avoided actually exists
(2) Injury feared be greater than that done to
(2) Reasonable necessity of means employed to avoid it
prevent or repel it (3) There is no other practical & less harmful
means of preventing it
(3) In case person attacked provoked attacker
defender must have no part therein The evil or injury sought to be avoided must not
have been produced by the one invoking the
Reason: Although the provocation prejudices the justifying circumstances.
person who gave it, its effects do not reach the
defender who took no part therein, because the GENERAL RULE: No civil liability in justifying
latter was prompted by some noble or generous circumstances because there is no crime.
sentiment in protecting and saving a relative
EXCEPTION: There is CIVIL LIABILITY under this
Relatives entitled to defense: paragraph. Persons benefited shall be liable in
i. Spouse proportion to the benefit which they have received.
ii. Ascendants
iii. Descendants Illustration:
iv. legitimate, natural or adopted Brothers/Sisters A drove his car beyond the speed limit so much so
v. Relatives by affinity in the same degree that when he reached the curve, his vehicle skidded
vi. Relatives by consanguinity w/in the 4th civil towards a ravine. He swerved his car towards a
degree house, destroying it and killing the occupant therein.
A cannot be justified because the state of necessity
Illustration: was brought about by his own felonious act.
The sons of A honestly believe that their father was
the victim of an unlawful aggression when in fact it Ty v. People (2004): Ty's mother and sister were
was their father who attacked B. If they killed B confined at the Manila Doctors' Hospital. Ty signed
under such circumstances, they are justified. the "Acknowledgment of Responsibility for Payment"
in the Contract of Admission. The total hospital bills
Balunueco v. CA (2003): of the two patients amounted to P1,075,592.95. Ty
Held: Of the three (3) requisites of defense of executed a promissory note wherein she assumed
relatives, unlawful aggression is a condition sine qua payment of the obligation in installments. To assure
non, for without it any defense is not possible or payment of the obligation, she drew 7 postdated
justified. In order to consider that an unlawful checks against Metrobank payable to the hospital
which were all dishonored by the drawee bank due
aggression was actually committed, it is necessary
to insufficiency of funds. As defense, Ty claimed
that an attack or material aggression, an offensive that she issued the checks because of ―an
act positively determining the intent of the uncontrollable fear of a greater injury.‖ She
aggressor to cause an injury shall have been made;a averred that she was forced to issue the checks to
mere threatening or intimidating attitude is not obtain release for her mother who was being
sufficient to justify the commission of an act which inhumanely treated by the hospital. She alleged
is punishable per se, and allow a claim of exemption that her mother has contemplated suicide if she
would not be discharged from the hospital. Ty was
from liability on the ground that it was committed in
found guilty by the lower courts of 7 counts of
self-defense or defense of a relative. violation of BP22.
other forms of security instead of postdated checks Mamagun vs. People (2007): A policeman in pursuit
to secure her obligation. of a snatcher accidentally shot one of the
bystanders who was actually helping him chase the
Moreover, for the defense of state of necessity to snatcher. 47
be availing, the greater injury feared should not
have been brought about by the negligence or Held: To be sure, acts in the fulfillment of a duty,
imprudence, more so, the willful inaction of the without more, do not completely justify the
actor. In this case, the issuance of the bounced petitioner’s firing the fetal gunshot at the victim.
checks was brought about by Ty's own failure to pay True, petitioner, as one of the policemen
her mother's hospital bills. responding to a reported robbery then in progress,
was performing his duty as a police officer as well
5. Fulfillment of Duty or Lawful as when he was trying to effect the arrest of the
suspected robber and in the process, fatally shoot
Exercise of Right or office said suspect, albeit the wrong man. However, in
the absence of the equally necessary justifying
Requisites: circumstance that the injury of offense committed
(1) Offender acted in performance of duty or be the necessary consequence if the due
lawful exercise of a rig ht/office performance of such duty, there can only be
(2) The resulting felony is the unavoidable incomplete justification, a privilege mitigating
consequence of the due fulfillment of the duty circumstance under Art. 13 and 69 of the RPC. There
or the lawful exercise of the right or office. can be no quibbling that there was no rational
necessity for the killing of Contreras. Petitioner
Note: If the first condition is present, but the second could have first fired a warning shot before pulling
is not because the offender acted with culpa, the the trigger against Contreras who was one of the
offender will be entitled to a privileged mitigating residents chasing the suspected robber.
circumstance. The penalty would be reduced by one
or two degrees.
escape, recapture him if he escapes, and protect In People Vs. Genosa, the Court ruled that the
himself from bodily harm, yet he is never justified battered woman syndrome is characterized by a
48 in using unnecessary force or in treating him with ―CYCLE OF VIOLENCE‖, which is made up of three
wanton violence or in resorting to dangerous means phases.
when the arrest could be effected otherwise.
People v. Beronilla (1955): i. First Phase: Tension Building Phase
Held: Where the accused acted upon orders of
superior officers that the, as military subordinates, (1) Where minor battering occurs, it could be a
could not question, and obeyed in good faith, verbal or slight physical abuse or another form
without being aware of their illegality, without any of hostile behavior.
fault or negligence on their part, the act is not (2) The woman tries to pacify the batterer through
accompanied by criminal intent. A crime is not a show of kind, nurturing behavior, or by simply
committed if the mind of the person performing the staying out of the way.
act be innocent. (3) But this proves to be unsuccessful as it only
gives the batterer the notion that he has the
right to abuse her.
Justifying vs. Exempting Circumstance
JUSTIFYING EXEMPTING ii. Second Phase: Acute Battering Incident
CIRCUMSTANCE CIRCUMSTANCE
It affects the act, not It affects the actor, not (1) Characterized by brutality, destructiveness, and
the actor. the act. sometimes death.
The act is considered to (2) The battered woman has no control; only the
have been done within batterer can stop the violence.
The act complained of is (3) The battered woman realizes that she cannot
the bounds of law;
actually wrongful, but reason with him and resistance would only
hence, legitimate and
the actor is not liable. worsen her condition.
lawful in the eyes of the
law.
Since the act iii. Third Phase: Tranquil Period
complained of is
Since the act is actually wrong, there is (1) Characterized by guilt on the part of the
considered lawful, there a crime but since the batterer and forgiveness on the part of the
is no liability. actor acted without woman.
voluntariness, there is (2) The batterer may show a tender and nurturing
no dolo or culpa. behavior towards his partner and the woman
There is a crime, also tries to convince herself that the battery
although there is no will never happen again and that her partner
criminal, so there is will change for the better.
There is no criminal or
civil liability (Except:
civil liability. Four Characteristics of the Syndrome:
Art. 12, par. 4 and 7
where there is no civil (1) The woman believes that the violence was her
liability. fault;
(2) She has an inability to place the responsibility
for the violence elsewhere;
Anti-Violence against Women and Their (3) She fears for her life and/or her children‘s life
Children Act of 2004 (R.A. 9262) (4) She has an irrational belief that the abuser is
Battered Woman Syndrome- refers to a omnipresent and omniscient.
scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering B. Exempting Circumstances
relationships as a result of cumulative (ASKED 14 TIMES IN BAR EXAMS)
abuse.
Battered Woman Syndrome as a Defense. SIX TYPES of exempting circumstances:
– Victim-survivors who are found by the 1. Imbecility/Insanity
courts to be suffering from battered woman 2. Minority
syndrome do not incur any criminal and civil 3. Accident
liability notwithstanding the absence of any 4. Compulsion of irresistible force
of the elements for justifying circumstances 5. Impulse of uncontrollable fear
of self-defense under the Revised Penal 6. Insuperable or lawful cause
Code.
IMPORTANT POINTS:
In the determination of the state of mind of The reason for the exemption lies in the
the woman who was suffering from battered involuntariness or lack of knowledge of the act:
woman syndrome at the time of the (1) one or some of the ingredients of criminal
commission of the crime, the courts shall be liability such as criminal intent, intelligence, or
assisted by expert psychiatrists/ freedom of action on the part of the offender is
psychologists [SECTION 26, RA 9262] missing
(2) In case it is a culpable felony, there is absence
of freedom of action or intelligence, or absence
CRIMINAL LAW REVIEWER
of negligence, imprudence, lack of foresight or (2) The test of volition, or whether the accused
lack of skill. acted in total deprivation of freedom of will.
(People vs. Rafanan)
1. Insanity and Imbecility 49
Juridical Effects of Insanity
Imbecile - One who, while advanced in age, has a (1) If present at the time of the commission of the
mental development comparable to that of a child crime – EXEMPT from liability.
between 2 and 7 years of age. Exempt in all cases (2) If present during trial – proceedings will be
from criminal liability SUSPENDED and accused is committed to a
hospital.
Insane - There is a complete deprivation of (3) After judgment or while serving sentence –
intelligence in committing the act but capable of Execution of judgment is SUSPENDED, the
having lucid intervals. During a lucid interval, the accused is committed to a hospital. The period
insane acts with intelligence and thus, is not exempt of confinement in the hospital is counted for
from criminal liability the purpose of the prescription of the penalty.
conflict with the law until s/he is proven to be 18 Upon suspension of sentence and after considering
years old or older. the various chcumstances of the child, the court
50 shall impose the appropriate disposition measures as
The age of a child may be determined from: provided in the Supreme Court Rule on Juveniles in
The child‘s birth certificate, Conflict with the Law. (Sec. 38)
Baptismal certificate, or
Any other pertinent documents. Discharge of the Child in Conflict with the Law. -
Upon the recommendation of the social worker who
In the absence of these documents, age may be has custody of the child, the court shall dismiss the
based on: case against the child whose sentence has been
information from the child himself/herself, suspended and against whom disposition measures
testimonies of other persons, have been issued, and shall order the final discharge
the physical appearance of the child, and of the child if it finds that the objective of the
other relevant evidence. disposition measures have been fulfilled.
In case of doubt as to the child‘s age, it shall be The discharge of the child in conflict with the law
resolved in his/her favor. shall not affect the civil liability resulting from the
commission of the offense, which shall be enforced
d. Exemption from criminal liability in accordance with law. (Sec. 39)
The circumstances under Article 13 are generally Example: When the one making defense against
ordinary mitigating. However, paragraph 1, is unlawful aggression used unreasonable means to
52 treated as a privileged mitigating circumstance if prevent or repel it, he is entitled to a privileged
majority of the requisites concurred, otherwise, it mitigating circumstance.
will be treated as an ordinary mitigating
circumstance. (Reyes, citing Art. 69). Note: When two of the three requisites mentioned
therein are present, the case must be considered as
a privileged mitigating circumstance referred to in
Correlate Article 13 with Articles 63 and 64. Article Art. 69 of this Code. (Article 69 requires that a
13 is meaningless without knowing the rules of majority of the conditions required must be
imposing penalties under Articles 63 and 64. present.)
TIP: In bar problems, when you are given b. Incomplete justifying circumstance of
indeterminate sentences, these articles are very avoidance of greater evil or injury
important.
Requisites under par. 4 of Art. 11:
Distinctions (1) That the evil sought to be avoided actually
Ordinary MC Privileged MC exists;
Cannot be offset by (2) That the injury feared be greater than that
Can be offset by any done to avoid it;
aggravating
aggravating circumstance (3) That there be no other practical and less
circumstance
harmful means of preventing it.
The effect of
If not offset by aggravating imposing upon the
circumstance, produces Avoidance of greater evil or injury is a justifying
offender the penalty
the effect of applying the circumstance if all the three requisites mentioned in
lower by one or two
penalty provided by law par. 4 of Art. 11 are present.
degrees than that
for the crime in its min provided by law for
period in case of divisible But if any of the last two requisites is lacking, there
the crime.
penalty is only a mitigating circumstance. The first element
is indispensable.
If the 2nd requisite and 1st part of the 4th physical appearance of the child and other relevant
requisite are absent, the case will fall under evidence. In case of doubt as to the age of the child,
Art. 365 which punishes reckless it shall be resolved in his/her favor.
imprudence. 53
If the 1st requisite and 2nd part of the 4th Any person contesting the age of the child in conflict
requisite are absent, it will be an with the law prior to the filing of the information in
intentional felony (Art. 4, par. 1). any appropriate court may file a case in a summary
proceeding for the determination of age before the
(2) Incomplete exempting circumstance of Family Court which shall decide the case within
uncontrollable fear. twenty-four (24) hours from receipt of the
appropriate pleadings of all interested parties.
Requisites under par. 6 of Art. 12:
(1) That the threat which caused the fear was If a case has been fiied against the child in conflict
of an evil greater than, or at least equal to, with the law and is pending in the appropriate court,
that which he was required to commit; the person shall file a motion to determine the age
(2) That it promised an evil of such gravity and of the child in the same court where the case is
imminence that an ordinary person would pending. Pending hearing on the said motion,
have succumbed to it. proceedings on the main case shall be suspended.
Note: If only one of these requisites is present, there In all proceedings, law enforcement officers,
is only a mitigating circumstance. prosecutors, judges and other government officials
concerned shall exert all efforts at determining the
2. Under 18 Or Over 70 Years Of Age age of the child in conflict with the law. (Sec. 7, RA
9344).
a. In lowering the penalty:
Based on age of the offender at the time of the Basis: Diminution of intelligence
commission of the crime not the age when sentence
is imposed 3. No Intention to Commit So Grave A
Wrong (Praeter Intentionem)
b. In suspension of the sentence:
Based on age of the offender (under 18) at the time There must be a notable disproportion between
the sentence is to be promulgated (See Art. 80, the means employed by the offender and the
RPC) resulting harm.
The intention, as an internal act, is judged
c. Par. 2 contemplates the ff: o not only by the proportion of the means
(1) An offender over 9 but under 15 of age who employed by him to the evil produced by his
acted with discernment. act,
(2) An offender fifteen or over but under 18 o but also by the fact that the blow was or
years of age. was not aimed at a vital part of the body;
(3) An offender over 70 years old o this includes: the weapon used, the injury
inflicted and his attitude of the mind when
Legal effects of various ages of offenders: the accused attacked the deceased.
1. 15 and below - Exempting The lack of intention to commit so grave a
2. Above 15 but under 18 years of age, also an wrong can also be inferred from the subsequent
exempting circumstance, unless he acted with acts of the accused immediately after
discernment (Art. 12, par. 3 as amended by RA committing the offense, such as when the
9344). accused helped his victim to secure medical
3. Minor delinquent under 18 years of age, the treatment.
sentence may be suspended. (Art. 192, PD No. This circumstance does not apply when the
603 as amended by PD 1179) crime results from criminal negligence or culpa.
4. 18 years or over, full criminal responsibility. Only applicable to offense resulting in death,
5. 70 years or over – mitigating, no imposition of physical injuries, or material harm (including
death penalty; if already imposed. Execution of property damage). It is not applicable to
death penalty is suspended and commuted. defamation or slander.
This mitigating circumstance is not applicable
Determination of Age – The child in conflict with
when the offender employed brute force.
the law shall enjoy the presumption of minority.
Lack of intent to commit so grave a wrong is not
He/She shall enjoy all the rights of a child in conflict
appreciated where the offense committed is
with the law until he/she is proven to be eighteen
characterized by treachery.
(18) years old or older. The age of a child may be
When the victim does not die as a result of the
determined from the child's birth certificate,
assault in cases of crimes against persons, the
baptismal certificate or any other pertinent
absence of the intent to kill reduces the felony
documents. In the absence of these documents, age
to mere physical injuries, but it does not
may be based on information from the child
himself/herself, testimonies of other persons, the
CRIMINAL LAW REVIEWER
constitute a mitigating circumstance under Art. on the part of the person presence on the part of
13(3). defending himself. the offended party.
54 (People v. CA, G.R. No.
103613, 2001)
People v. Calleto (2002):
Held: The lack of "intent" to commit a wrong so TIP: The common set-up given in a bar problem is
grave is an internal state. It is weighed based on the that of provocation given by somebody against whom
weapon used, the part of the body injured, the the person provoked cannot retaliate; thus the
injury inflicted and the manner it is inflicted. The person provoked retaliated on a younger brother or
fact that the accused used a 9-inch hunting knife in on the father. Although in fact, there is sufficient
attacking the victim from behind, without giving provocation, it is not mitigating because the one
him an opportunity to defend himself, clearly shows who gave the provocation is not the one against
that he intended to do what he actually did, and he whom the crime was committed.
must be held responsible therefor, without the
benefit of this mitigating circumstance. You have to look at two criteria:
a. If from the element of time,
People v. Ural (1974): (1) there is a material lapse of time stated in
Held: The intention, as an internal act, is judged the problem and
not only by the proportion of the means employed (2) there is nothing stated in the problem that
by him to the evil produced by his act, but also by the effect of the threat of provocation had
the fact that the blow was or was not aimed at a prolonged and affected the offender at the
vital part of the body. Thus, it may be deduced time he committed the crime
from the proven facts that the accused had no (3) then you use the criterion based on the
intent to kill the victim, his design being only to time element.
maltreat him, such that when he realized the b. If there is that time element and at the same
fearful consequences of his felonious act, he time,
allowed the victim to secure medical treatment (1) facts are given indicating that at the time
at the municipal dispensary. the offender committed the crime, he is
still suffering from outrage of the threat or
4. Sufficient Provocation or Threat provocation done to him
(2) then he will still get the benefit of this
Elements: mitigating circumstance.
(1) That the provocation must be sufficient
(2) That it must originate from the offended party Romera v. People (2004: Provocation and passion
(3) That the provocation must be immediate to or obfuscation are not 2 separate mitigating
the act, i.e., to the commission of the crime circumstances. It is well-settled that if these 2
by the person who is provoked circumstances are based on the same facts, they
should be treated together as one mitigating
Provocation - Any unjust or improper conduct or act circumstance. It is clear that both circumstances
of the offended part capable of exciting, inciting, or
arose from the same set of facts. Hence, they
irritating anyone.
should not be treated as two separate mitigating
Provocation in order to be mitigating must be circumstances.
SUFFICIENT and IMMEDIATELY preceding the act.
(People v. Pagal)
―Sufficient‖ means adequate to excite a 5. Immediate Vindication of A Grave
person to commit a wrong and must Offense
accordingly be proportionate to its gravity.
(People v. Nabora).
Elements:
Sufficiency depends upon: (1) That there be a grave offense done to the one
a. the act constituting provocation committing the felony, his spouse, ascendants,
b. the social standing of the person descendants, legitimate, natural or adopted
provoked brothers or sisters, or relatives by affinity
c. the place and time when the within the same degree.
provocation is made. (2) That the felony is committed in vindication of
Between the provocation by the offended such grave offense. A lapse of time is allowed
party and the commission of the crime, between the vindication and the doing of the
there should not be any interval in time. grave offense.
Reason: When there is an interval of time (3) The vindication need not be done by the
between the provocation and the person upon whom the grave offense was
commission of the crime, the perpetrator committed
has time to regain his reason.
Note: Lapse of time is allowed. The word
Sufficient provocation as Provocation as a ―immediate‖ used in the English text is not the
a requisite of incomplete mitigating circumstance correct translation. The Spanish text uses
self-defense ―proxima.‖ Although the grave offense (slapping of
It pertains to its absence It pertains to its the accused in front of many persons hours before
CRIMINAL LAW REVIEWER
the killing), which engendered the perturbation of during which the perpetrator might recover his
mind, was not so immediate, it was held that the normal equanimity. (People v. Alanguilang)
influence thereof, by reason of its gravity, lasted
until the moment the crime was committed. (People Note: Passion or obfuscation must arise from lawful 55
v. Parana). sentiments.
The question whether or not a certain personal Passion or obfuscation not applicable when:
offense is grave must be decided by the court, a. The act committed in a spirit of LAWLESSNESS.
having in mind b. The act is committed in a spirit of REVENGE.
a. the social standing of the person,
b. the place and The mitigating circumstance of obfuscation arising
c. the time when the insult was made. from jealousy cannot be invoked in favor of the
accused whose relationship with the woman was
Vindication of a grave offense and passion or illegitimate.
obfuscation cannot be counted separately and
independently. Also, the act must be sufficient to produce such a
condition of mind. If the cause of loss of self-control
People v. Torpio (2004: The mitigating is trivial and slight, obfuscation is not mitigating.
circumstance of sufficient provocation cannot be
considered apart from the circumstance of Moreover, the defense must prove that the act
vindication of a grave offense. These two which produced the passion or obfuscation took
circumstances arose from one and the same place at a time not far removed from the
incident, i.e., the attack on the appellant by commission of the crime. (People v. Gervacio, 1968)
Anthony, so that they should be considered as only
one mitigating circumstance. Passion and obfuscation may lawfully arise from
causes existing only in the honest belief of the
Provocation Vindication offender.
It is made directly only The grave offense may
to the person be committed against US v. De la Cruz (1912): De la Cruz, in the heat of
committing the felony. the offender‘s relatives passion, killed the deceased who was his querida
mentioned by law. (lover) upon discovering her in the act of carnal
The offense need not be The offended party must communication with a mutual acquaintance. He
a grave offense. have done a grave claims that he is entitled to the mitigating
offense to the offender circumstance of passion or obfuscation and that the
or his relatives. doctrine in Hicks is inapplicable.
The provocation or The grave offense may
threat must immediately be proximate, which Held: US v. Hicks is not applicable to the case. In
precede the act. admits of an interval of Hicks, the cause of the alleged passion and
time between the grave obfuscation of the aggressor was the convict's
offense done by the vexation, disappointment and deliberate anger
offended party and the engendered by the refusal of the woman to continue
commission of the crime to live in illicit relations with him, which she had a
by the accused. perfect reason to do. In this case, the impulse upon
It is a mere spite against It concerns the honor of which the defendant acted was the sudden
the one giving the the person. revelation that his paramour was untrue to him and
provocation or threat. his discovery of her in flagrante in the arms of
another. This was a sufficient impulse in the
ordinary and natural course of things to produce
6. Passion or obfuscation (Arrebato y the passion and obfuscation which the law declares
Obsecacion) to be one of the mitigating circumstances to be
taken into the consideration of the court.
Elements:
(1) The accused acted upon an impulse
(2) The impulse must be so powerful that it Passion and Obfuscation cannot co-exist with:
naturally produces passion or obfuscation in (1) Vindication of grave offense
him. Exception: When there are other facts
closely connected. Thus, where the
Requisites: deceased, had eloped with the daughter of
(1) That there be an act, both unlawful and the accused, and later when the deceased
sufficient to produce such condition of mind; saw the accused coming, the deceased ran
and upstairs, there are 2 facts which are
(2) That said act which produced the obfuscation closely connected, namely: (1) elopement,
was not far removed from the commission of which is a grave offense for the family of
the crime by a considerable length of time, old customs, and (2) refusal to deal with
him, a stimulus strong enough to produce
CRIMINAL LAW REVIEWER
passion. The court in People v. Diokno manner that it shows the interest of the accused to
(G.R. No. L-45100), considered both surrender unconditionally to the authorities, either
56 mitigating circumstances in favor of the because (1) he acknowledges his guilt or (2) wishes
accused. to save them the trouble and expenses that would
(2) Treachery (People v. Wong) be necessarily incurred in his search and capture.
(Andrada v. People). If none of these two reasons
Passion/Obfuscation v. Irresistible Force (Reyes, impelled the accused to surrender, the surrender is
Revised Penal Code) not spontaneous and therefore not voluntary.
Passion/Obfuscation Irresistible force (People v. Laurel).
Mitigating Circumstance Exempting circumstance
Cannot give rise to Physical force is a The accused must actually surrender his own
physical force because it condition sine qua non. person to the authorities, admitting complicity
does not involves of the crime. Merely requesting a policeman to
physical force. accompany the accused to the police
Passion/obfuscation Irresistible force comes headquarters is not voluntary surrender.
comes from the offender from a third person. (People v. Flores)
himself.
Must arise from lawful Irresistible force is Effect of Arrest
sentiments to be unlawful. General Rule: Not mitigating when defendant was in
mitigating. fact arrested. (People v. Conwi)
Held: No sufficient evidence or medical finding was The aggravating circumstances must be established
offered to support his claim. The court also took with moral certainty, with the same degree of proof
58 note of the fact that the defense, during the trial, required to establish the crime itself.
never alleged the mitigating circumstance of illness.
The alleged mitigating circumstance was a mere According to the Revised Rules of Criminal
afterthought to lessen the criminal liability of the Procedure, BOTH generic and qualifying aggravating
accused. circumstances must be alleged in the Information in
order to be considered by the Court in imposing the
12. Analogous Mitigating sentence. (Rule 110, Sec. 9)
Circumstances Basis
1. the motivating power behind the act
Any other circumstance of similar nature and 2. the place where the act was committed
analogous to the nine mitigating circumstances 3. the means and ways used
enumerated in art. 513 may be mitigating. 4. the time
5. the personal circumstance of the offender
(1) The act of the offender of leading the law and/or of the victim
enforcers to the place where he buried the
instrument of the crime has been considered as Kinds
equivalent to voluntary surrender. 1. GENERIC – Those that can generally apply to all
crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10,
(2) Stealing by a person who is driven to do so out 14, 18, 19, and 20 except ―by means of motor
of extreme poverty is considered as analogous vehicles‖. A generic aggravating circumstance
to incomplete state of necessity. may be offset by a generic mitigating
circumstance.
Canta v. People: Canta stole a cow but alleges that 2. SPECIFIC – Those that apply only to particular
he mistook the cow for his missing cow. He made a crimes. Nos. 3 (except dwelling), 15, 16, 17 and
calf suckle the cow he found and when it did, Canta 21.
thought that the cow he found was really his. 3. QUALIFYING –Those that change the nature of
However, he falsified a document describing the the crime. Art. 248 enumerates the qualifying
said cow’s cowlicks and markings. After getting AC which qualify the killing of person to murder.
caught, he surrendered the cow to the custody of If two or more possible qualifying circumstances
the authorities in the municipal hall. were alleged and proven, only one would qualify
the offense and the others would be generic
Held: Canta’s act of voluntarily taking the cow to aggravating. (ASKED TWICE BAR EXAMS)
the municipal hall to place it in the custody of 4. INHERENT – Those that must accompany the
authorities (to save them the time and effort of commission of the crime and is therefore not
having to recover the cow) was an analogous considered in increasing the penalty to be
circumstance to voluntary surrender. imposed such as evident premeditation in theft,
robbery, estafa, adultery and concubinage.
(3) Over 60 years old with failing sight, similar to 5. SPECIAL – Those which arise under special
over 70 years of age mentioned in par. 2. conditions to increase the penalty of the offense
(People v. Reantillo). and cannot be offset by mitigating
(4) Voluntary restitution of stolen goods similar to circumstances such as:
voluntary surrender (People v. Luntao). a. quasi-recidivism (Art. 160)
(5) Impulse of jealous feelings, similar to passion b. complex crimes (Art. 48)
and obfuscation. (People v. Libria). c. error in personae (Art. 49)
(6) Extreme poverty and necessity, similar to d. taking advantage of public position and
incomplete justification based on state of membership in an organized/syndicated
necessity. (People v. Macbul). crime group (Art. 62)
(7) Testifying for the prosecution, without previous
discharge, analogous to a plea of guilty. (People Generic aggravating Qualifying aggravating
v. Narvasca). circumstances circumstances
The effect of a generic The effect of a qualifying
D. Aggravating Circumstances AC, not offset by any AC is not only to give the
(ASKED 24 TIMES IN BAR EXAMS) mitigating crime its proper and
circumstance, is to exclusive name but also
increase the penalty to place the author
Those circumstances which raise the penalty for a
which should be thereof in such a situation
crime in its maximum period provided by law
imposed upon the as to deserve no other
applicable to that crime or change the nature of the
accused to the penalty than that
crime.
MAXIMUM PERIOD. specially prescribed by
law for said crime.
Note: The list in this Article is EXCLUSIVE – there are
It is not an ingredient The circumstance affects
no analogous aggravating circumstances.
of the crime. It only the nature of the crime
affects the penalty to itself such that the
be imposed but the offender shall be liable
CRIMINAL LAW REVIEWER
crime remains the same for a more serious crime. 12. Inundation, Fire, Poison
The circumstance is 13. Evident Premeditation
actually an ingredient of 14. Craft, Fraud Or Disguise
the crime 15. Superior Strength Or Means To Weaken 59
Being an ingredient of the Defense
The circumstance can 16. Treachery
crime, it cannot be offset
be offset by an ordinary 17. Ignominy
by any mitigating
mitigating circumstance 18. Unlawful Entry
circumstance
19. Breaking Wall, Floor, Roof
Aggravating circumstances which do not have the 20. With Aid Of Persons Under 15 By Motor
effect of increasing the penalty: Vehicle
(1) Aggravating circumstances which in themselves 21. Cruelty
constitute a crime especially punishable by law.
(2) Aggravating circumstances which are included
by the law in defining a crime and prescribing 1. Taking Advantage of Public Office
the penalty therefore shall not be taken into
account for the purpose of increasing the Par. 1 – ―that advantage be taken by the offender of
penalty. (Art. 62, par. 1). his public position‖
(3) The same rule shall apply with respect to any
aggravating circumstance inherent in the crime This is applicable only if the offender is a public
to such a degree that it must of necessity officer.
accompany the commission thereof. (Art. 62,
par. 2). The public officer must:
(1) Use the influence, prestige or ascendancy which
Aggravating circumstances which are personal to his office gives him
the offenders. (2) As means by which he realizes his purpose.
Aggravating circumstances which arise:
(1) from moral attributes of the offender; The essence of the matter is presented in the
(2) from his private relations with the offended inquiry, ―did the accused abuse his office in order to
party; or commit the crime?‖(U.S. v. Rodriguez)
(3) from any personal cause, shall only serve to
aggravate the liability of the principals, When a public officer
accomplices, accessories as to whom such (1) commits a common crime independent of his
circumstances are attendant. (Art. 62, par. 3). official functions and
(2) does acts that are not connected with the duties
Aggravating circumstances which depend for their of his office,
application upon the knowledge of offenders. (3) he should be punished as a private individual
The circumstances which consist (1) in the material without this aggravating circumstance.
execution of the act, or (2) in the means employed
to accomplish it, shall serve to aggravate the Even if defendant did not abuse his office, if it is
liability of those persons only who had knowledge of proven that he has failed in his duties as such public
them at the time of the execution of the act or their officer, this circumstance would warrant the
cooperation therein. (Art. 62, par. 4). aggravation of his penalty. Thus, the fact that the
vice-mayor of a town joined a band of brigands
1. Generic made his liability greater. (U.S. v. Cagayan).
TWENTY-ONE aggravating circumstances under Art. The circumstance cannot be taken into consideration
in offenses where taking advantage of official
14:
position is made by law an integral element of the
1. Taking Advantage of Public Office
crime such as in malversation (Art. 217) or
2. In Contempt Of Or With Insult To Public
Authorities falsification of public documents under Art. 171.
3. With Insult Or Lack Of Regard Due To
Offended Party By Reason Of Rank, Age Or Sex Taking advantage of public position is also inherent
4. Abuse Of Confidence And Obvious in the following cases:
Ungratefulness (1) Accessories under Art. 19, par. 3 (harboring,
5. Crime In Palace Or In Presence Of The Chief concealing or assisting in the escape of the
Executive principal of the crime); and
6. Nighttime; Uninhabited Place; With A Band (2) Title VII of Book Two of the RPC (Crimes
committed by public officers).
7. On Occasion Of A Calamity
8. Aid Of Armed Men Or Means To Ensure
Impunity 2. In Contempt of or With Insult to
9. Recidivism Public Authorities
10. Reiteration or Habituality
11. Price, Reward Or Promise
CRIMINAL LAW REVIEWER
Par. 2 – ―that the crime be committed in contempt If all the 4 circumstances are present, they
of or with insult to the public authorities‖. have the weight of one aggravating
60 circumstance only.
Requisites: There must be evidence that in the commission
(1) That the public authority is engaged in the of the crime, the accused deliberately
exercise of his functions. intended to offend or insult the sex or age of
(2) That he who is thus engaged in the exercise of the offended party. (People v. Mangsat)
his functions is not the person against whom the Disregard of rank, age or sex may be taken into
crime is committed. account only in crimes against persons or
(3) The offender knows him to be a public honor. (People v. Pugal; People vs. Ga)
authority.
(4) His presence has not prevented the offender a. RANK OF THE OFFENDED PARTY
from committing the criminal act. Designation or title used to fix the relative position
of the offended party in reference to others.
Public Authority / Person in Authority – is a person
directly vested with jurisdiction, that is, a public There must be a difference in the social condition of
officer who has the power to govern and execute the the offender and the offended party.
laws. The councilor, mayor, governor, barangay
captain, barangay chairman etc. are persons in b. AGE OF THE OFFENDED PARTY
authority. (Art. 152, as amended by P.D. 1232) May refer to old age or tender age of the victim.
A school teacher, town municipal health officer,
agent of the BIR, chief of police, etc. are now c. SEX OF THE OFFENDED PARTY
considered a person in authority.
This refers to the female sex, not to the male sex.
Par. 2 is not applicable if committed in the
The aggravating circumstance is NOT to be
presence of an agent only such as a police officer.
considered in the following cases:
(1) When the offender acted with passion and
Agent - A subordinate public officer charged with
obfuscation. (People v. Ibanez)
the maintenance of public order and the protection
(2) When there exists a relationship between the
and security of life and property, such as barrio
offended party and the offender. (People v.
policemen, councilmen, and any person who comes
Valencia)
to the aid of persons in authority. (Art. 152, as
(3) When the condition of being a woman is
amended by BP 873).
indispensable in the commission of the crime.
Thus, in rape, abduction, or seduction, sex is
Knowledge that a public authority is present is
not aggravating. (People v. Lopez)
essential. Lack of such knowledge indicates lack of
intention to insult public authority.
d. DWELLING (Morada)
Building or structure, exclusively used for rest and
If crime is committed against the public authority
comfort. Thus, in the case of People v. Magnaye, a
while in the performance of his duty, the offender
―combination of a house and a store‖, or a market
commits direct assault without this aggravating
stall where the victim slept is not a dwelling.
circumstance.
People v. Rodil (1981): There is the aggravating This is considered an AC because in certain
cases, there is an abuse of confidence which
circumstance that the crime was committed in
the offended party reposed in the offender by
contempt of or with insult to public authorities
opening the door to him.
when the chief of police was present when the
incident occurred. The chief of police should be Dwelling need not be owned by the offended
considered a public authority because he is vested party.
with authority to maintain peace and order over the It is enough that he used the place for his
entire municipality. peace of mind, rest, comfort and privacy.
Dwelling should not be understood in the
concept of a domicile: A person has more than
3. With Insult or Lack of Regard Due one dwelling. So, if a man has so many wives
to Offended Party by Reason of and he gave them places of their own, each
Rank, Age or Sex one is his own dwelling. If he is killed there,
dwelling will be aggravating, provided that he
Par. 3 – ―That the act be committed with insult or in also stays there once in a while.
disregard of the respect due the offended party on
account of his rank, age, or sex, or that is be If a crime of adultery was committed. Dwelling
committed in the dwelling of the offended party, if was considered aggravating on the part of the
the latter has not given provocation.‖ paramour. However, if the paramour was also
residing in the same dwelling, it will not be
Four circumstances are enumerated in this aggravating.
paragraph, which can be considered singly or The offended party must not give provocation.
together. (People v. Ambis).
When a crime is committed in the dwelling of
the offended party and the latter has not given
CRIMINAL LAW REVIEWER
provocation, dwelling may be appreciated as coerced their inhabitants into submission, disabled
an aggravating circumstance. Provocation in Laurencio and Jimmy by tying their hands before
the aggravating circumstance of dwelling must dragging them out of the house to be killed.
be: 61
(a) given by the offended party Dwelling is not aggravating in the following cases:
(b) sufficient, and (1) When both offender and offended party are
(c) immediate to the commission of the occupants of the same house (U.S. v.
crime. (People v. Rios, 2000) Rodriguez), and this is true even if offender is a
It is not necessary that the accused should servant of the house. (People v. Caliso)
have actually entered the dwelling of the (2) When the robbery is committed by the use of
victim to commit the offense: it is enough that force things, dwelling is not aggravating because
the victim was attacked inside his own house, it is inherent. (U.S. v. Cas). But dwelling is
although the assailant may have devised means aggravating in robbery with violence or
to perpetrate the assault. (People v. Ompaid, intimidation of persons because this class or
1969) robbery can be committed without the necessity
Dwelling includes dependencies, the foot of of trespassing the sanctity of the offended
the staircase and the enclosure under the party‘s house. (People v. Cabato)
house. (U.S. v. Tapan) (3) In the crime of trespass to dwelling, it is
inherent or included by law in defining the
Illustration: crime.
Husband and wife quarrelled. Husband inflicted (4) When the owner of the dwelling gave sufficient
physical violence upon a wife. The wife left the and immediate provocation. (Art. 14 par. 3)
conjugal home and went to the house of her sister
bringing her personal belongings with her. The sister 4. Abuse of Confidence and Obvious
accommodated the wife in her home. The husband
Ungratefulness
went to the house of the sister-in-law and tried to
persuade the wife to return to the conjugal home
Par. 4 – ―That the act be committed with abuse of
but the wife refused since she was more at peace in
confidence or obvious ungratefulness‖.
her sister‘s home than in their conjugal abode. Due
to the wife‘s refusal the husband pulled out a knife
Par. 4 provides two aggravating circumstances. If
and stabbed the wife to death.
present in the same case, they must be
independently appreciated.
It was held that dwelling was aggravating although it
is not owned by the victim since she is considered a
a. ABUSE OF CONFIDENCE (Abuso de confianza)
member of the family who owns the dwelling and
(1) That the offended party had trusted the
that place is where she enjoyed privacy, peace of
offender.
mind and comfort.
(2) That the offender abused such trust by
committing a crime against the offended
People vs. Taoan: Teachers, professors, supervisors
party.
of public and duly recognized private schools,
(3) That the abuse of confidence facilitated the
colleges and universities, as well as lawyers are
commission of the crime.
persons in authority for purposes of direct assault
and simple resistance, but not for purposes of
The confidence between the offender and
aggravating circumstances in paragraph 2, Article
the offended party must be immediate and
14.
personal.
It is inherent in malversation (Art. 217),
People v. Taño (2000):
qualified theft (Art. 310), estafa by
Held: Dwelling cannot be appreciated as an
conversion or misappropriation (Art. 315)
aggravating circumstance in this case because the
and qualified seduction. (Art. 337).
rape was committed in the ground floor of a two-
story structure, the lower floor being used as a
b. OBVIOUS UNGRATEFULNESS
video rental store and not as a private place of
(1) That the offended party had trusted the
abode or residence.
offender;
(2) That the offender abused such trust by
People v. Arizobal (2000): committing a crime against the offended
Generally, dwelling is considered inherent in the party;
crimes which can only be committed in the abode of (3) That the act be committed with obvious
the victim, such as trespass to dwelling and robbery ungratefulness.
in an inhabited place. However, in robbery with
homicide the authors thereof can commit the The ungratefulness must be obvious: (1) manifest
heinous crime without transgressing the sanctity of and (2) clear.
the victim's domicile. In the case at bar, the robbers
demonstrated an impudent disregard of the In a case where the offender is a servant, the
inviolability of the victims' abode when they forced offended party is one of the members of the family.
their way in, looted their houses, intimidated and The servant poisoned the child. It was held that
CRIMINAL LAW REVIEWER
abuse of confidence is aggravating. This is only true, or may not be the public should not be the
however, if the servant was still in the service of the authority offended party
62 family when he did the killing. If he was driven by
the master out of the house for some time and he As regards the place where the public
came back to poison the child, abuse of confidence authorities are engaged in the discharge of
will no longer be aggravating. The reason is because their duties, there must be some
that confidence has already been terminated when performance of public functions.
the offender was driven out of the house.
6. Nighttime (Nocturnidad);
People v. Arrojado (2001): Arrojado is the first
cousin of the victim, Mary Ann and lived with her Uninhabited Place (Despoblado);
and her father. Arrojado helped care for the With a Band (Cuadrilla)
victim’s father for which he was paid a P1,000
monthly salary. Arrojado killed Mary Ann by Par. 6 ―That the crime be committed in the night
stabbing her with a knife. Thereafter he claimed time, or in an uninhabited place, or by a band,
that the latter committed suicide. whenever such circumstances may facilitate the
commission of the offense.
Held: The aggravating circumstance of abuse of
confidence is present in this case. For this Whenever more than three armed malefactors shall
aggravating circumstance to exist, it is essential to have acted together in the commission of an
show that the confidence between the parties must offense, it shall be deemed to have been committed
be immediate and personal such as would give the by a band.‖
accused some advantage or make it easier for him to
commit the criminal act. The confidence must be a These 3 circumstances may be considered
means of facilitating the commission of the crime, separately:
the culprit taking advantage of the offended party's (1) when their elements are distinctly perceived
belief that the former would not abuse said and
confidence. (2) can subsist independently,
(3) revealing a greater degree of perversity.
Requisites:
5. Crime in Palace or in Presence of (1) When it facilitated the commission of the crime;
the Chief Executive or
(2) When especially sought for by the offender to
Par. 5 – ―That the crime be committed in the palace insure the commission of the crime or for the
of the Chief Executive or in his presence, or where purpose of impunity; or
public authorities are engaged in the discharge of (3) When the offender took advantage thereof for
their duties, or in a place dedicated to religious the purpose of impunity.
worship.‖
a. NIGHTTIME (Nocturnidad)
If it is the Malacañang palace or a church it is The commission of the crime must begin and be
aggravating regardless of whether State or official or accomplished in the nighttime (after sunset and
religious functions are being held. before sunrise).
The President need not be in the palace.
His presence alone in any place where the crime Nighttime by and of itself is not an aggravating
is committed is enough to constitute the AC. circumstance.
It also applies even if he is not engaged in the The offense must be actually committed in the
discharge of his duties in the place where the darkness of the night.
crime was committed. When the place is illuminated by light,
nighttime is not aggravating.
Note: Offender must have the intention to commit a Nighttime need not be specifically sought for
crime when he entered the place. (People v. when:
Jaurigue) (1) the offender purposely took advantage of
nighttime; or
Cemeteries are not places dedicated for (2) it facilitated the commission of the offense.
religious worship.
b. UNINHABITED PLACE (Desplobado)
Par. 5 It is determined not by the distance of the nearest
Par. 2 Where public house to the scene of the crime but whether or not
Contempt or insult to authorities are engaged in the place of the commission of the offense, there
public authorities in the discharge of was a reasonable possibility of the victim receiving
their duties. some help.
Public authorities are engaged in the performance
of their duties. Solitude must be sought to better attain the
Public duty is performed Public duty is performed criminal purpose. (People v. Aguinaldo)
in their office outside of their office The offenders must choose the place as an
The offended party may The public authority aid either (1) to an easy and uninterrupted
CRIMINAL LAW REVIEWER
acted together in the relied on their aid, for himself denies his identity with the person
commission of an actual aid is not convicted at the former trial. (Aquino, Revised
64 offense necessary Penal Code)
Band members are all Armed men are mere At the time of the trial means from the
principals accomplices arraignment until after sentence is announced
by the judge in open court.
People v. Licop: Aid of armed men includes ―armed
women‖. Recidivism does not prescribe. No matter how long
ago the offender was convicted, if he is subsequently
Note: ―Aid of armed men‖ is absorbed by convicted of a crime embraced in the same title of
―employment of a band‖. the Revised Penal Code, it is taken into account as
aggravating in imposing the penalty.
9. Recidivism (Reincidencia)
Pardon does not erase recidivism, even if it is
Par. 8 ―That the crime be committed with the aid of absolute because it only excuses the service of the
armed men or persons who insure or afford penalty, not the conviction. However, if a person
impunity.‖ was granted an amnesty, and thereafter he is
convicted of another crime of the same class as the
Requisites: former crimes, his former conviction would not be
(1) That the offender is on trial for an offense; aggravating. According to Art. 89, amnesty
(2) That he was previously convicted by final extinguishes not only the penalty but also its effects.
judgment of another crime;
(3) That both the first and the second offenses are If the offender has
embraced in the same title of the Code; already served his sentence and
(4) That the offender is convicted of the new he was extended an absolute pardon,
offense. o the pardon shall erase the conviction
including recidivism because there is no
Different forms of repetition or habituality of more penalty
offender o so the pardon shall be understood as
a. Recidivism under Article 14 (9)—The offender referring to the conviction or the effects of
at the time of his trial for one crime shall have the crime.
been previously convicted by final judgment of
another embraced in the same title of the Illustration:
Revised Penal Code. In 1980, A committed robbery.
b. Repetition or reiteracion under Article 14
(9)—The offender has been previously punished While the case was being tried, he committed theft
for an offense to which the law attaches an in 1983.
equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty. He was also found guilty and was convicted of theft
c. Habitual delinquency under Article 62 (5)—The also in 1983.
offender within a period of 10 years from the
date of his release or last conviction of the The conviction became final because he did not
crimes of serious or less serious physical appeal anymore and the trial for the earlier crime of
injuries, robo, hurto, estafa or falsification, is robbery ended in 1984 for which he was also
found guilty of any of the said crimes a third convicted. He also did not appeal this decision.
time or another.
d. Quasi-recidivism under Article 160—Any person Is the accused a recidivist? NO.
who shall ` a felony after having been convicted
by final judgment before beginning to serve The subsequent conviction must refer to a felony
such sentence or while serving such sentence committed later in order to constitute recidivism.
shall be punished by the maximum period The reason for this is at the time the first crime was
prescribed by law for the new felony committed, there was no other crime of which he
was convicted so he cannot be regarded as a
In recidivism, the crimes committed should be repeater.
felonies. There is no recidivism if the crime
committed is a violation of a special law. People vs. Molina (2000): To prove recidivism, it is
necessary to allege the same in the information
What is controlling is the time of the trial, not the and to attach thereto certified copies of the
time of the commission of the offense (i.e. there sentences rendered against the accused.
was already a conviction by final judgment at the Nonetheless, the trial court may still give such AC
time of the trial for the second crime). credence if the accused does not object to the
What is required is previous conviction at the presentation.
time of the trial.
The best evidence of a prior conviction is a People v. Dacillo (2004):
certified copy of the original judgment of In order to appreciate recidivism as an aggravating
conviction, and such evidence is always circumstance, it is necessary to allege it in the
admissible and conclusive unless the accused information and to attach certified true copies of
CRIMINAL LAW REVIEWER
Par. 9 Recidivism Par. 10 Reiteracion Since reiteracion provides that the accused has duly
It is enough that a final It is necessary that the served the sentence for previous conviction/s, or is
judgment has been offender shall have legally considered to have done so,
rendered in the first served out his sentence quasi-recidivism cannot at the same time
offense. for the first offense. constitute reiteracion, hence the latter cannot
The previous and apply to a quasi-recidivist.
Requires that the
subsequent offenses
offenses be included in If the same set of facts constitutes recidivism and
must not be embraced
the same title of the reiteracion,
in the same title of the
Code the liability of the accused should be
Code
Always to be taken into aggravated by recidivism which can be easily
consideration in fixing Not always an proven.
the penalty to be aggravating
imposed upon the circumstance People v. Cajara (2000): Accused Cajara raped 16-
accused year old Marita in front of his common-law wife who
Rationale is the proven Rationale is the proven is the half-sister of the victim and his two small
tendency to commit a resistance to children. The trial court convicted him as charged
similar offense rehabilitation and sentenced him to death.
11. Prize, Reward or Promise There is no such crime as murder with arson or arson
with homicide. The crime is only murder.
Par. 11 ―That the crime be committed in
consideration of a price, reward, or promise.‖ If the intent is to destroy property - the crime is
arson even if someone dies as a consequence.
When this AC is present, there must be 2 or more
principals: If the intent is to kill - there is murder even if the
a. the one who gives or offers the price or house is burned in the process.
promise; and
b. the one who accepts it. Illustration:
A and B were arguing about something. One
Both of whom are principals to the former, argument led to another until A struck B to death
because he directly induces the latter to with a bolo. A did not know that C, the son of B was
commit the crime, and the latter because also in their house and who was peeping through the
he commits it. door and saw what A did. Afraid that A might kill him
too, he hid somewhere in the house. A then dragged
When this AC is present, it affects not only B‘s body and poured gasoline on it and burned the
the person who received the price or house altogether. As a consequence, C was burned
reward, but also the person who gave it. and eventually died too.
The evidence must show that one of the As far as the killing of B is concerned, it is homicide
accused used money or valuable since it is noted that they were arguing. It could not
consideration for the purpose of inducing be murder. As far as the killing of C is concerned, it
another to perform the deed. (U.S. v. is arson since he intended to burn the house only.
Gamao).
13. Evident Premeditation
If without previous promise it was given (Premeditacion Conocida)
voluntarily after a crime was committed as
an expression of his appreciation for the Par. 12 ―That the act be committed with evident
sympathy and aid shown by the other premeditation.‖
accused, it should not be taken into
consideration for the purpose of increasing Requisites:
the penalty. (1) The time when the offender determined to
commit the crime;
The price, reward or promise: (2) An act manifestly indicating that the culprit has
Need not consist of or refer to material things; clung to his determination; and
or (3) A sufficient lapse of time between the
That the same were actually delivered, determination and execution, to allow him to
o it being sufficient that the offer made by reflect upon the consequences of his act and to
the principal by inducement was accepted allow is conscience to overcome the resolution
by the principal by direct participation of his will.
before the commission of the offense.
Evident premeditation implies
12. lInundation, Fire, Poison a deliberate planning of the act
before executing it.
Par. 12 – ―That the crime be committed by means of
inundation, fire, poison, explosion, stranding of a The essence of premeditation
vessel or international damage thereto, derailment an opportunity to coolly and serenely think and
of a locomotive, or by the use of any other artifice deliberate
involving great waste and ruin.‖ o on the meaning and
o consequences of what he planned to do,
Unless used by the offender as a means to an interval long enough for his conscience and
accomplish a criminal purpose, any of the better judgment to overcome his evil desire and
circumstances in paragraph 12 cannot be scheme. (People v. Durante)
considered to increase the penalty or to The premeditation must be based upon external
change the nature of the offense. facts, and must be evident, not merely
suspected indicating deliberate planning.
CRIMINAL LAW REVIEWER
The date and time when the offender latter must be proved just like any other fact.
determined to commit the crime is essential,
because the lapse of time for the purpose of the People v. Mondijar (2002):
third requisite is computed from that date and 67
time. Held: There was no evident premeditation. For the
After the offenders had determined to clung circumstance of evident premeditation to be
commit the crime, there must be a manifest appreciated, the prosecution must present clear and
indication that they clung to their positive evidence of the planning and preparation
determination. undertaken by the offender prior to the commission
Where conspiracy is directly established, with of the crime. Settled is the rule that evident
proof of the attendant deliberation and premeditation, like any other circumstance that
selection of the method, time and means of qualifies a killing to murder, must be established
executing the crime, the existence of evident beyond reasonable doubt as conclusively and
premeditation can be taken for granted. (U.S. v. indubitably as the killing itself. In the present case,
Cornejo) no evidence was presented by the prosecution as to
Evident premeditation is inherent in robbery, when and how appellant planned and prepared for
adultery, estafa, and falsification. However, it the killing of the victim. There is no showing of any
may be aggravating in robbery with homicide if notorious act evidencing a determination to commit
the premeditation included the killing of the the crime which could prove appellant's criminal
victim. (People v. Valeriano) intent.
In order that premeditation may exist, it is not
necessary that the accused premeditated the People v. Biso (2003): Dario, a black belt in karate,
killing of a particular individual. If the offender entered an eatery, seated himself beside Teresita
premeditated on the killing of any person and made sexual advances to her in the presence of
(general attack), it is proper to consider against her brother, Eduardo. Eduardo contacted his cousin,
the offender the aggravating circumstance of Biso, an ex-convict and a known toughie in the area,
evident premeditation, because whoever is and related to him what Dario had done to Teresita.
killed by him is contemplated in the Eduardo and Pio, and 2 others decided to confront
premeditation. (US v. Manalinde, 1909) Dario. They positioned themselves in the alley near
the house of Dario. When Dario arrived on board a
taxicab, the four assaulted Dario. Eduardo held, with
Illustrations: his right hand, the wrist of Dario and covered the
1. A and B fought on Monday. A told B that mouth of Dario with his left hand. The 2 others held
someday he will kill B. On Friday, A killed B. Dario's right hand and hair. Pio then stabbed Dario
2. C and D fought on Monday but since C already near the breast with a fan knife. Eduardo stabbed
suffered so many blows, he told D, ―This week Dario and fled with his three companions from the
shall not pass, I will kill you.‖ On Friday, C scene.
killed D.
Held: There was no evident premeditation. The
Is there evident premeditation in both cases? None in prosecution failed to prove that the four intended to
both cases. kill Dario and if they did intend to kill him, the
prosecution failed to prove how the malefactors
What condition is missing to bring about evident intended to consummate the crime. Except for the
premeditation? Evidence to show that between fact that the appellant and his three companions
Monday and Friday, the offender clung to his waited in an alley for Dario to return to his house,
determination to kill the victim, acts indicative of the prosecution failed to prove any overt acts on the
his having clung to his determination to kill B. part of the appellant and his cohorts showing that
that they had clung to any plan to kill the victim.
3. A and B had a quarrel. A boxed B. A told B, ―I
will kill you this week.‖ A bought firearms. On 14. Craft (Astucia), Fraud (Fraude)
Friday, he waited for B but killed C instead.
or Disguise (Disfraz)
Was there evident premeditation?
Par. 14 ―That the craft, fraud or disguise be
There is aberratio ictus. So, qualify.
employed.‖
Insofar as B is concerned, the crime is attempted
Involves intellectual trickery and cunning on the part
murder because there is evident premeditation.
of the accused.
However, that murder cannot be considered for C.
Insofar as C is concerned, the crime is homicide
It is employed as a scheme in the execution of the
because there was no evident premeditation.
crime.
People v. Salpigao: Evident premeditation is
FRAUD
presumed to exist when conspiracy is directly
Insidious words or machinations used
established. When conspiracy is merely implied,
o to induce the victim
evident premeditation cannot be presumed, the
o to act in a manner
CRIMINAL LAW REVIEWER
which would enable the offender to carry out No advantage of superior strength when
his design. one who attacks is overcome with passion and
68 obfuscation or
CRAFT when quarrel arose unexpectedly and the fatal
Craft and fraud may be blow was struck while victim and accused were
o absorbed in treachery if they have been struggling.
deliberately adopted as the means,
methods or forms for the treacherous Versus by a band:
strategy, or In the circumstance of abuse of superior
o they may co-exist independently where strength, what is taken into account is
they are adopted for a different purpose in o not the number of aggressors nor the fact
the commission of the crime. that they are armed
o but their relative physical might vis-à-vis
Fraud Craft the offended party
When there is a DIRECT
The act of the accused
INDUCEMENT by Means Employed to Weaken Defense
was done in order NOT
insidious words or This circumstance is applicable only
TO AROUSE SUSPICION
machinations o to crimes against persons and
o sometimes against person and property,
DISGUISE such as robbery with physical injuries or
Resorting to any device to conceal identity. homicide.
The test of disguise is
o whether the device or contrivance resorted The means used must not totally eliminate possible
to by the offender defense of the victim,
o was intended to or did make identification otherwise it will fall under treachery
more difficult, such as the use of a mask,
false hair or beard. People v. Carpio: There must be evidence of
But if in spite of the use of handkerchief to notorious inequality of forces between the offender
cover their faces, the culprits were recognized and the offended party in their age, size and
by the victim, disguise is not considered strength, and that the offender took advantage of
aggravating. such superior strength in the commission of the
crime. The mere fact that there were two persons
People v. San Pedro: Where the accused pretended who attacked the victim does not per se constitute
to hire the driver in order to get his vehicle, it was abuse of superior strength.
held that there was craft directed to the theft of the
vehicle, separate from the means subsequently used People v. Lobrigas (2002): The crime committed
to treacherously kill the defenseless driver. was murder qualified by the aggravating
circumstance of abuse of superior strength. To
People v. Masilang: There was also craft where appreciate abuse of superior strength, there must be
after hitching a ride, the accused requested the a deliberate intent on the part of the malefactors to
driver to take them to a place to visit somebody, take advantage of their greater number. They must
when in fact they had already planned to kill the have notoriously selected and made use of superior
driver. strength in the commission of the crime. To take
advantage of superior strength is to use excessive
People v. Labuguen (2000): Craft involves force that is out of proportion to the means for self-
intellectual trickery and cunning on the part of the defense available to the person attacked; thus, the
offender. When there is a direct inducement by prosecution must clearly show the offenders'
insidious words or machinations, fraud is present. By deliberate intent to do so.
saying that he would accompany the victim to see
the cows which the latter intended to buy, appellant People v. Barcelon (2002):
was able to lure the victim to go with him. Held: Abuse of superior strength was present in the
commission of the crime. The court cited the case
of People vs. Ocumen, where an attack by a man
15. Superior Strength or Means to
with a deadly weapon upon an unarmed woman
Weaken Defense constitutes the circumstance of abuse of that
superiority which his sex and the weapon used in the
To TAKE ADVANTAGE of superior strength means act afforded him, and from which the woman was
to use purposely excessive force unable to defend herself.
out of proportion to the means of defense The disparity in age between the assailant and the
available to the person attacked. victim, aged 29 and 69, respectively, indicates
physical superiority on appellant's part over the
Superiority may arise from deceased. It did not matter that appellant was "dark"
aggressor‘s sex, build, weapon or number with a "slim body build" or "medyo mataba." What
as compared to that of the victim (e.g. accused mattered was that the malefactor was male and
attacked an unarmed girl with a knife; 3 men armed with a lethal weapon that he used to slay the
stabbed to death the female victim). victim.
CRIMINAL LAW REVIEWER
Par. 19 – ―as a means to the commission of the For it to exist, it must be shown that the accused
crime, a wall, roof, floor, door or window be enjoyed and delighted in making his victim suffer.
broken‖.
If the victim was already dead when the acts of
To be considered as an AC, breaking the door mutilation were being performed,
must be utilized as a means to the commission this would also qualify the killing to murder
of the crime. due to outraging of his corpse.
It is only aggravating in cases where the
offender resorted to any of said means TO Ignominy Cruelty
ENTER the house. shocks the moral
physical
If the wall, etc. is broken in order to get out of conscience of man
the place, it is not aggravating. refers to the moral
refers to the physical
Because of the phrase ―as a means to the effect of a crime and it
suffering of the victim
commission of a crime‖, it is not necessary pertains to the moral
so he has to be alive
that the offender should have entered the order, whether or not
CRIMINAL LAW REVIEWER
Note:
Under 2012 Supreme Court Syllabus, acts punishable
1. Decree Codifying the Laws on under PD 1866, as amended by RA 8294, are under
Illegal/Unlawful Possession, the subtopic qualifying aggravating circumstances
Manufacture, Dealing in, but tagged as AGGRAVATING only.
Acquisition or Disposition, of
People vs. Ladjaalam (2000):
Firearms, Ammunition or If an unlicensed firearm is used in the commission of
Explosives (P.D. 1866, as amended any crime, there can be no separate offense of
by R.A. 8294) as an aggravating simple illegal possession of firearms.
circumstance
Hence, if the ―other crime‖ is murder or homicide,
illegal possession of firearms becomes merely an
(Asked once in the Bar during 1979-1982, twice aggravating circumstance, not a separate offense.
during 2000-2006)
Since direct assault with multiple attempted
Acts punished homicide was committed in this case, appellant can
1. Unlawful manufacture, sale, acquisition, no longer be held liable for illegal possession of
disposition or possession of firearms or
CRIMINAL LAW REVIEWER
firearms.
Provided, further, That this immunity may be
enjoyed by such informant or witness who does not
appear to be most guilty for the offense with 73
2. Comprehensive Dangerous Drugs reference to which his/her information or testimony
were given: Provided, finally, That there is no direct
Act of 2002 (RA 9165) evidence available for the State except for the
information and testimony of the said informant or
witness.
i. As a qualifying aggravating circumstance
Section 25. Qualifying Aggravating Circumstances in Sec. 34. Termination of the Grant of Immunity. –
the Commission of a Crime by an Offender Under The immunity granted to the informant or witness,
the Influence of Dangerous Drugs. – Notwithstanding as prescribed in Section 33 of this Act, shall not
the provisions of any law to the contrary, a positive attach should it turn out subsequently that the
finding for the use of dangerous drugs shall be a information and/or testimony is false, malicious or
qualifying aggravating circumstance in the made only for the purpose of harassing, molesting or
commission of a crime by an offender, and the in any way prejudicing the persons described in the
application of the penalty provided for in the preceding Section against whom such information or
Revised Penal Code shall be applicable. testimony is directed against. In such case, the
informant or witness shall be subject to prosecution
ii. Immunity from prosecution and punishment, and the enjoyment of all rights and benefits
coverage previously accorded him under this Act or any other
law, decree or order shall be deemed terminated.
Sec. 33. Immunity from Prosecution and
Punishment. – Notwithstanding the provisions of In case an informant or witness under this Act fails
Section 17, Rule 119 of the Revised Rules of Criminal or refuses to testify without just cause, and when
Procedure and the provisions of Republic Act No. lawfully obliged to do so, or should he/she violate
6981 or the Witness Protection, Security and Benefit any condition accompanying such immunity as
Act of 1991, any person who has violated Sections 7, provided above, his/her immunity shall be removed
11, 12, 14, 15, and 19, Article II of this Act, who and he/she shall likewise be subject to contempt
voluntarily gives information about any violation of and/or criminal prosecution, as the case may be,
Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this and the enjoyment of all rights and benefits
Act as well as any violation of the offenses previously accorded him under this Act or in any
mentioned if committed by a drug syndicate, or any other law, decree or order shall be deemed
information leading to the whereabouts, identities terminated.
and arrest of all or any of the members thereof; and
who willingly testifies against such persons as In case the informant or witness referred to under
described above, shall be exempted from this Act falls under the applicability of this Section
prosecution or punishment for the offense with hereof, such individual cannot avail of the provisions
reference to which his/her information of testimony under Article VIII of this Act.
were given, and may plead or prove the giving of
such information and testimony in bar of such iii. Minor offenders
prosecution: Provided, That the following conditions
concur: Sec. 66. Suspension of Sentence of a First-Time
Minor Offender. – An accused who is over fifteen
(1) The information and testimony are necessary for (15) years of age at the time of the commission of
the conviction of the persons described above; the offense mentioned in Section 11 of this Act, but
not more than eighteen (18) years of age at the time
(2) Such information and testimony are not yet in when judgment should have been promulgated after
the possession of the State; having been found guilty of said offense, may be
given the benefits of a suspended sentence, subject
(3) Such information and testimony can be to the following conditions:
corroborated on its material points;
(a) He/she has not been previously convicted of
(4) the informant or witness has not been previously violating any provision of this Act, or of the
convicted of a crime involving moral turpitude, Dangerous Drugs Act of 1972, as amended; or of
except when there is no other direct evidence the Revised Penal Code; or of any special penal
available for the State other than the information laws;
and testimony of said informant or witness; and (b) He/she has not been previously committed to a
Center or to the care of a DOH-accredited
(5) The informant or witness shall strictly and physician; and
faithfully comply without delay, any condition or (c) The Board favorably recommends that his/her
undertaking, reduced into writing, lawfully imposed sentence be suspended.
by the State as further consideration for the grant of
immunity from prosecution and punishment.
CRIMINAL LAW REVIEWER
While under suspended sentence, he/she shall be Sec. 70. Probation or Community Service for a
under the supervision and rehabilitative surveillance First-Time Minor Offender in Lieu of
74 of the Board, under such conditions that the court Imprisonment. – Upon promulgation of the
may impose for a period ranging from six (6) months sentence, the court may, in its discretion, place the
to eighteen (18) months. accused under probation, even if the sentence
provided under this Act is higher than that provided
Upon recommendation of the Board, the court may under existing law on probation, or impose
commit the accused under suspended sentence to a community service in lieu of imprisonment. In case
Center, or to the care of a DOH-accredited physician of probation, the supervision and rehabilitative
for at least six (6) months, with after-care and surveillance shall be undertaken by the Board
follow-up program for not more than eighteen (18) through the DOH in coordination with the Board of
months. Pardons and Parole and the Probation
Administration. Upon compliance with the conditions
In the case of minors under fifteen (15) years of age of the probation, the Board shall submit a written
at the time of the commission of any offense report to the court recommending termination of
penalized under this Act, Article 192 of Presidential probation and a final discharge of the probationer,
Decree No. 603, otherwise known as the Child and whereupon the court shall issue such an order.
Youth Welfare Code, as amended by Presidential
Decree No. 1179 shall apply, without prejudice to The community service shall be complied with under
the application of the provisions of this Section. conditions, time and place as may be determined by
the court in its discretion and upon the
Sec. 67. Discharge After Compliance with recommendation of the Board and shall apply only to
Conditions of Suspended Sentence of a First-Time violators of Section 15 of this Act. The completion of
Minor Offender. – If the accused first time minor the community service shall be under the supervision
offender under suspended sentence complies with and rehabilitative surveillance of the Board during
the applicable rules and regulations of the Board, the period required by the court. Thereafter, the
including confinement in a Center, the court, upon a Board shall render a report on the manner of
favorable recommendation of the Board for the final compliance of said community service. The court in
discharge of the accused, shall discharge the its discretion may require extension of the
accused and dismiss all proceedings. community service or order a final discharge.
Upon the dismissal of the proceedings against the In both cases, the judicial records shall be covered
accused, the court shall enter an order to expunge by the provisions of Sections 60 and 64 of this Act.
all official records, other than the confidential
record to be retained by the DOJ relating to the If the sentence promulgated by the court requires
case. Such an order, which shall be kept imprisonment, the period spent in the Center by the
confidential, shall restore the accused to his/her accused during the suspended sentence period shall
status prior to the case. He/she shall not be held be deducted from the sentence to be served.
thereafter to be guilty of perjury or of concealment
or misrepresentation by reason of his/her failure to Section 71. Records to be kept by the Department
acknowledge the case or recite any fact related of Justice. – The DOJ shall keep a confidential
thereto in response to any inquiry made of him for record of the proceedings on suspension of sentence
any purpose. and shall not be used for any purpose other than to
determine whether or not a person accused under
Sec. 68. Privilege of Suspended Sentence to be this Act is a first-time minor offender.
Availed of Only Once by a First-Time Minor
Offender. – The privilege of suspended sentence iv. Application/Non application of RPC
shall be availed of only once by an accused drug
provisions (Sec. 98, R.A. No. 9165) provisions
dependent who is a first-time offender over fifteen
(15) years of age at the time of the commission of
(sec. 98) cf. Art. 10, RPC
the violation of Section 15 of this Act but not more Section 98, RA 9165. Limited Applicability of the
than eighteen (18) years of age at the time when Revised Penal Code. – Notwithstanding any law, rule
judgment should have been promulgated. or regulation to the contrary, the provisions of the
Revised Penal Code (Act No. 3814), as amended,
shall not apply to the provisions of this Act, except
Sec. 69. Promulgation of Sentence for First-Time in the case of minor offenders. Where the offender
Minor Offender. – If the accused first-time minor is a minor, the penalty for acts punishable by life
offender violates any of the conditions of his/her imprisonment to death provided herein shall be
suspended sentence, the applicable rules and
regulations of the Board exercising supervision and reclusion perpetua to death.
rehabilitative surveillance over him, including the
rules and regulations of the Center should
confinement be required, the court shall pronounce Art. 10, RPC. Offenses not subject to the provisions
judgment of conviction and he/she shall serve of this Code. — Offenses which are or in the future
sentence as any other convicted person. 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
CRIMINAL LAW REVIEWER
latter should specially provide the contrary. when the offender and the offended party are
relatives of the same level, as killing a brother,
a brother-in-law, a half-brother or adopted
brother. 75
OTHER AGGRAVATING CIRCUMSTANCE
Organized or Syndicated Crime Group (Art. 62, RPC)
When CRIME AGAINST PERSONS is any of the
SERIOUS PHYSICAL INJURIES (Art. 263), even if the
Organized or syndicated crime group:
offended party is a descendant of the offender,
a. A group of two or more persons
relationship is AGGRAVATING.
b. collaborating, confederating or mutually helping
But the serious physical injuries must not be
one another
inflicted by a parent upon his child by excessive
c. for the purpose of gain in the commission of a
chastisement.
crime.
When the crime is LESS SERIOUS PHYSICAL INJURIES
Special aggravating circumstance
OR SLIGHT PHYSICAL INJURIES
The maximum penalty shall be imposed
if the offended party is a relative of a higher
if the offense was committed by any person
degree than the offender
who belongs to an organized or syndicated crime
group.
When crime against persons is HOMICIDE OR
MURDER,
E. Alternative Circumstances relationship is aggravating even if the victim of
(ASKED TWICE IN BAR EXAMS) the crime is a relative of lower degree.
the latter handed over a sachet of shabu. Upon Entrapment - Entrapping persons into crime for the
signal, the cops closed in on B purpose of instituting criminal prosecutions. It is a
scheme or technique ensuring the apprehension of
EXAMPLE OF INSTIGATION: the criminals by being in the actual crime scene. 77
A, leader of an anti-narcotics team, approached and
persuaded B to act as a buyer of shabu and transact The law officers shall not be guilty to the crime if
with C, a suspected pusher. B was given marked they have done the following:
money to pay C for a sachet of shabu. After the sale a. He does not induce a person to commit a crime
was consummated, the cops closed in and arrested for personal gain or is not involved in the
both B and C. planning of the crime.
b. Does take the necessary steps to seize the
People v. Pacis (2002): Yap, an NBI agent, received instrument of the crime and to arrest the
information that a Pacis was offering to sell ½ kg of offenders before he obtained the profits in
"shabu." A buy-bust operation was approved. The mind.
informant introduced Yap to Pacis as an interested
buyer. They negotiated the sale of ½ kg of shabu. Instigation - The involvement of a law officer in the
Pacis handed to Yap a paper bag with the markings crime itself in the following manner:
"Yellow Cab". While examining it, Pacis asked for the a. He induces a person to commit a crime for
payment. Yap gave the "boodle money" to Pacis. personal gain.
Upon Pacis's receipt of the payment, the officers b. Doesn‘t take the necessary steps to seize the
identified themselves as NBI agents and arrested instrument of the crime & to arrest the
him. offenders before he obtained the profits in
mind.
Held: The operation that led to the arrest of c. He obtained the profits in mind even through
appellant was an entrapment, not instigation. In afterwards does take the necessary steps seize
entrapment, ways and means are resorted to for the the instrument of the crime and to arrest the
purpose of trapping and capturing lawbreakers in the offenders.
execution of their criminal plan. In instigation,
instigators practically induce the would-be 2. Pardon
defendant into the commission of the offense and
become co-principals themselves. Entrapment is General rule: Pardon does not extinguish criminal
sanctioned by law as a legitimate method of action (Art 23).
apprehending criminal elements engaged in the sale
and distribution of illegal drugs. Exception: Pardon by marriage between the accused
and the offended party in cases of SEDUCTION,
ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS (Art
US v. Phelps (1910): Phelps was charged and found 344).
guilty for violating the Opium Law (Act No. 1761).
Phelps was induced by Smith, an employee of the
Bureau of Internal Revenue, into procuring opium,
3. Other Absolutory Causes
providing for a venue and making arrangements for
a. Spontaneous desistance
the two of them to smoke opium.
b. Light felonies not consummated
c. Accessories in light felonies
Held: Smith not only suggested the commission of
d. Accessories exempt under Article 20
the crime but also expressed his desire to commit
e. Trespass to dwelling to prevent serious
the offense in paying the amount required for the
harm to self
arrangements. Such acts done by employees of
f. exemption from criminal liability in crimes
government in encouraging or inducing persons to
against property
commit a crime in order to prosecute them are most
g. Under Article 332, exemptions from
reprehensible.
criminal liability for cases of theft,
swindling and malicious mischief. There
This is an instance of instigation where Smith, the
would only be civil liability.
instigator (who is either a public officer or a private
h. Death under exceptional circumstances
detective) practically induces the would-be accused
(Art. 247)
into the commission of the offense.
i. Under Article 219, discovering secrets
through seizure of correspondence of the
ward by their guardian is not penalized.
People v. Lua Chu and Uy Se Tieng (1931) j. Ways on how criminal liability is
Held: Entrapment is not a case where an innocent extinguished under Art 89.
person is induced to commit a crime merely to
prosecute him, but it simply a trap set to catch a
criminal. 4. Acts Not Covered By Law And In
Case Of Excessive Punishment
Article 5 covers two situations:
CRIMINAL LAW REVIEWER
decided upon such then do they agree to legitimate, natural or adopted brother, sister or
course of action cooperate in its relative by affinity within the same degree.
80 execution
Accomplices merely Note: Even if only two of the principals guilty of
Conspirators decide
assent to the plan and murder are the brothers of the accessory and the
that a crime should be
cooperate in its others are not related to him, such accessory is
committed
accomplishment exempt from criminal liability.
Accomplices are merely
instruments who 4. When an accessory is NOT exempt
Conspirators are the perform acts not
authors of a crime essential to the from criminal liability even if the
perpetration of the principal is related to him:
offense. If such accessory
o profited from the effects of the crime, or
Requisites o assisted the offender to profit by the
That there be community of design; that is, effects of the crime
knowing the criminal design of the principal by
direct participation, he concurs with the latter 5. Other instances when one
in his purpose;
That he cooperates in the execution of the
becomes an accessory:
offense by previous or simultaneous acts, with 1. accessory as a fence
the intention of supplying material or moral aid 2. acquiring the effects of piracy or brigandage
in the execution of the crime in an efficacious 3. destroying the corpus delicti
way; and 4. harboring or concealing an offender
That there be a relation between the acts done 5. whether the accomplice and the accessory may
by the principal and those attributed to the be tried and convicted even before the principal
person charged as accomplice. is found guilty
When the principal is his: It shall be presumed that any person who does any
spouse, acts provided in this section has performed them
ascendant knowingly, unless the contrary is proven.
descendant
CRIMINAL LAW REVIEWER
Although Republic Act 7659, in amending Article 122 f. In this case, the crime committed was
of the RPC, incorporated therein the crime of piracy kidnapping.
in Philippine territorial waters and thus
correspondingly superseding PD 532 section 4 of said In the preceding illustration, the aunt is not 81
Decree, which punishes said acts as a crime of criminally liable under the Revised Penal Code
abetting piracy or brigandage, still stands as it has because the crime is kidnapping, but she can be
not been replaced or modified, and is not held liable under PD 1829.
inconsistent with any provision of RA 7659.
PD 1829 (Also Known
3. Destroying the Corpus Delicti as the Law Penalizing
When the crime is robbery or theft, with respect to Revised Penal Code
―Obstruction of
the third involvement of the accessory, do not Justice‖)
overlook the purpose which must be to prevent Specifies the crimes No specification of the
discovery of the crime. that should be crime to be committed
committed in case a by the offender in
The corpus delicti is not the body of the person who civilian aids in the order that criminal
is killed. escape liability be incurred
Even if the corpse is not recovered, as long as The offender is the The offender need not
that killing is established beyond reasonable principal or must be even be the principal or
doubt, criminal liability will arise. convicted of the crime need not be convicted
If there is someone who destroys the corpus charged of the crime charged
delicti to prevent discovery, he becomes an An offender of any
accessory. crime is no longer an
The one who harbored
accessory but is simply
4. Harboring or Concealing an Offender or concealed an
an offender without
In the fourth form or manner of becoming an offender is still an
regard to the crime of
accessory, take note that the law distinguishes accessory
the person assisted to
between: escape
a public officer harboring, concealing or
assisting the principal to escape, and 5. Whether the accomplice and the accessory
a private citizen or civilian harboring, may be tried and convicted even before the
concealing or assisting the principal to escape. principal is found guilty
Public Officer Civilian There is an earlier Supreme Court ruling that the
The nature of the crime The nature of the crime accessory and accomplice must be charged together
is immaterial is material with the principal; if the latter is acquitted, the
For him to become an accomplice and the accessory shall not be criminally
accessory, the principal liable, unless the acquittal is based on a defense
What is material is that which is personal only to the principal.
must have committed
he used his public
the crime of treason, However, it is not always true that the
function in assisting the
parricide, murder or accomplice and the accessory cannot be
escape
attempt on the life of criminally liable without the principal being first
the Chief Executive convicted.
Under Rule 110 of the Revised Rules on Criminal
Illustration: Procedure, it is required that all those involved
a. Crime committed is kidnapping for ransom of his in the commission of the crime must be included
employer. Principal was being chased by police. in the information that may be filed.
b. His aunt hid him in the ceiling of her house and
she told the soldiers that her nephew had never The liability of the accused will depend on the
visited her. When the soldiers left, the aunt quantum of evidence adduced by the prosecution
even gave money to her nephew for the latter against the particular accused but the prosecution
to go to the province. must initiate the proceedings against the principal.
c. Is the aunt criminally liable? No. Article 20 does
not include an aunt. However, this is not the Even if the principal is convicted, if the evidence
reason. presented against a supposed accomplice or
d. The principal must have committed either accessory does not meet the required proof beyond
treason, parricide, murder, or attempt on the reasonable doubt, then said accused will be
life of the Chief Executive, or that the principal acquitted.
is known to be habitually guilty of some other
crime, So the criminal liability of an accomplice or
e. for a person who is not a public officer and who accessory does not depend on the criminal liability
assists an offender to escape or otherwise of the principal but depends on the quantum of
harbors, or conceals such offender, to be evidence.
criminally liable.
CRIMINAL LAW REVIEWER
But if the evidence shows that the act done does not true name and other personal circumstances for
constitute a crime and the principal is acquitted, the same purpose or purposes;
82 then the supposed accomplice and accessory should e) Delaying the prosecution of criminal cases by
also be acquitted. obstructing the service of process or court
orders or disturbing proceedings in the fiscals‘
If there is no crime, then there is no criminal offices, in Tanodbayan, or in the courts;
liability, whether principal, accomplice or accessory. f) Making, presenting or using any record,
document, paper or object with knowledge of
Taer v. CA (1990): its falsity and with intent to affect the course or
Accused received from his co-accused two stolen outcome of the investigation of, or official
male carabaos. Conspiracy was not proven. Taer was proceedings in criminal cases;
held liable as an accessory in the crime of cattle- g) Soliciting, accepting, or agreeing to accept any
rustling under PD 533. Taer should have been liable benefit in consideration of abstaining from,
as principal for violation of the Anti-Fencing Law discontinuing, or impeding the prosecution of a
since cattle-rustling is a form of theft or robbery of criminal offender;
large cattle, except that he was not charged with h) Threatening directly or indirectly another with
fencing. the infliction of any wrong upon his person,
honor or property or that of any immediate
member or members of his family in order to
Enrile v. Amin (1990): A person charged with prevent such person from appearing in the
rebellion should not be separately charged under PD investigation of, or official proceedings in,
1829. The theory of absorption must not confine criminal cases, or imposing a condition, whether
itself to common crimes but also to offenses lawful or unlawful, in order to prevent a person
punished under special laws which are perpetrated from appearing in the investigation of, or in
in furtherance of the political offense. official proceedings in criminal cases;
i) Giving a false or fabricated information to
mislead or prevent the law enforcement
Decree Penalizing Obstruction of agencies from apprehending the offender or
from protecting the life or property of the
Apprehension and Prosecution of victim; or fabricating information from the data
Criminal Offenders (P.D. 1829) gathered in confidence by investigating
authorities for purposes of background
What is imposed: information and not for publication and
Prision correccional in its maximum period, or publishing or disseminating the same to mislead
Fine ranging from PhP 1,000 – 6,000, or the investigator or the court.
Both
Upon any person who knowingly or willfully ii. Compare with Article 20, RPC (accessories
obstructs, impedes, frustrates or delays the exempt from criminal liability)
apprehension of suspects and the investigation and
prosecution of criminal cases through the acts Art. 20. Accessories who are exempt from criminal
enumerated in Sec. 1 liability – The penalties prescribed for accessories
shall not be imposed upon those who are such with
i. Punishable acts (Sec. 1) respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and
a) Preventing witnesses from testifying in any sisters, or relatives by affinity within the same
criminal proceeding or from reporting the degrees, with the single exception of accessories
commission of any offense or the identity of any falling within the provisions of paragraph 1 of the
offender/s by means of bribery, next preceding article.
misrepresentation, deceit, intimidation, force or
threats; Ground for exemption under Art. 20
b) Altering, destroying, suppressing or concealing Based on ties of blood and the preservation of the
any paper, record, document, or object with cleanliness of one‘s name, which compels one to
intent to impair its veracity, authenticity, conceal crimes committed by relatives so near as
legibility, availability, or admissibility as those mentioned.
evidence in any investigation of or official
proceedings in criminal cases, or to be used in Accessory is not exempt from criminal liability even
the investigation of, or official proceedings in, if the principal is related to him if he
criminal cases; a) profited by the effects of the crime, or
c) Harboring or concealing, or facilitating the b) assisted the offender to profit by the effect of
escape of, any persons he knows, or has the crime.
reasonable ground to believe or suspect, has
committed any offense under existing penal The punishable acts in PD 1829, compared to RPC
laws in order to prevent his arrest, prosecution Art. 20, are prompted by a detestable greed, not by
and conviction; affection.
d) Publicly using a fictitious name for the purpose
of concealing a crime, evading prosecution or
the execution of a judgment, or concealing his
CRIMINAL LAW REVIEWER
CHAPTER V. PENALTIES
Act Prohibiting the Imposition of Death
A. GENERAL PRINCIPLES
B. PENALTIES WHICH MAY BE IMPOSED Penalty in the Philippines (R.A. 9346) 83
C. SPECIFIC PRINCIPAL AND ACCESSORY
PENALTIES RA 9346 or ―An Act Prohibiting the Imposition of
D. ACCESSORY PENALTIES Death Penalty in the Philippines‖
E. MEASURES NOT CONSIDERED PENALTY Expressly repealed RA 8177 or ―Act Designating
F. APPLICATION AND COMPUTATION OF Death by Lethal Injection‖ and RA 7659 or ―Death
PENALTIES Penalty Law‖
G. SPECIAL RULES FOR CERTAIN SITUATIONS
H. EXECUTION AND SERVICE OF PENALTIES. RA 9346 repealed all the other laws imposing death
penalty.
Section 2 states that: ―In lieu of the death
PENALTY is the suffering that is inflicted by the penalty, the following shall be imposed:
State for the transgression of a law. a. the penalty of reclusion perpetua, when the
law violated makes use of the nomenclature
Different Juridical Conditions of Penalty: of the penalties of the Revised Penal Code;
1. Must be PRODUCTIVE OF SUFFERING, without or
affecting the integrity of the human personality. b. the penalty of life imprisonment, when the
2. Must be COMMENSURATE to the offense – law violated does not make use of the
different crimes must be punished with nomenclature of the penalties of the
different penalties. Revised Penal Code.‖
3. Must be PERSONAL – no one should be punished
for the crime of another. People v. Bon (2006): Yet in truth, there is no
4. Must be LEGAL – it is the consequence of a material difference between ―imposition‖ and
judgment according to law. ―application,‖ for both terms embody the operation
5. Must be CERTAIN – no one may escape its in law of the death penalty.
effects.
6. Must be EQUAL for all. Since Article 71 denominates ―death‖ as an element
7. Must be CORRECTIONAL. in the graduated scale of penalties, there is no
question that the operation of Article 71 involves the
Theories justifying penalty: actual application of the death penalty as a means
1. PREVENTION – to suppress danger to the State of determining the extent which a person‘s liberty is
2. SELF-DEFENSE – to protect the society from the to be deprived.
threat and wrong inflicted by the criminal.
3. REFORMATION – to correct and reform the Since Rep. Act No. 9346 unequivocally bars the
offender. application of the death penalty, as well as expressly
4. EXEMPLARITY – to serve as an example to deter repeals all such statutory provisions requiring the
others from committing crimes. application of the death penalty, such effect
5. JUSTICE – for retributive justice, a vindication of necessarily extends to its relevance to the graduated
absolute right and moral law violated by the scale of penalties under Article 71.
criminal.
The court cannot find basis to conclude that Rep.
A. General Principles Act No. 9346 intended to retain the operative
effects of the death penalty in the graduation of the
Art. 21. Penalties that may be imposed. — No other penalties in our penal laws.
felony shall be punishable by any penalty not
prescribed by law prior to its commission. Munoz cannot enjoin us to adopt such conclusion.
1. Major Classification This article states that Penal Laws shall only have
(Asked 3 times in the Bar Exams) retroactive effect if it favors persons guilty of
felonies, who are not considered habitual criminals
a. PRINCIPAL PENALTIES – those expressly imposed as defined in Article 62.
by the court in the judgment of conviction.
b. ACCESSORY PENALTIES – those that are deemed Art. 23. Effect of pardon by the offended party.
included in the imposition of the principal — A pardon of the offended party does not
penalties. extinguish criminal action except as provided in
c. SUBSIDIARY PENALTIES – those imposed in lieu Article 344 of this Code; but civil liability with
of principal penalties, i.e., imprisonment in regard to the interest of the injured party is
case of inability to pay the fine. extinguished by his express waiver.
Note: Public censure is a penalty, This article states the extent of a pardon made by
Thus, it is not proper in acquittal. the offended party. Under this article, a pardon does
However, the Court in acquitting the accused not extinguish the criminal liability of an offender
may criticize his acts or conduct. except for cases under Article 344 (Prosecution of
the crimes of adultery, concubinage, seduction,
Penalties that are either principal or accessory: abduction, rape and acts of lasciviousness).
Perpetual or temporary absolute
disqualification, But the civil liability with regard to the interest of
Perpetual or temporary special disqualification, the injured party is extinguished.
and
Suspension Art. 25. Penalties which may be imposed.
o May be principal or accessory penalties, The penalties which may be imposed according to
because they are formed in the 2 general this Code, and their different classes, are those
classes. (Asked 3 times in the Bar Exams) included in the following:
Art. 42. Prision mayor; Its accessory penalties: Reclusion Perpetua is imprisonment for life but the
person sentenced to suffer it shall be pardoned after
The penalty of prision mayor, shall carry with it that undergoing the penalty for thirty (30) years, unless
of temporary absolute disqualification and that of by reason of his conduct or some other serious
perpetual special disqualification from the right of cause, he shall be considered by the Chief Executive
suffrage which the offender shall suffer although as unworthy of pardon (Art. 27, Revised Penal
pardoned as to the principal penalty, unless the Code)."
same shall have been expressly remitted in the
pardon.
Distinguished from Life Imprisonment
1. Reclusion Perpetua (ASKED 5 TIMES IN THE BAR EXAMS)
Duration: 6 years and 1 day to 12 years 5) The subsidiary personal liability which the
Accessory Penalties: convict may have suffered by reason of his
(1) Temporary Absolute Disqualification insolvency shall not relieve him,
(2) Perpetual Special Disqualification from the right from the fine in case his financial circumstances
to suffrage which the offender shall suffer should improve. (As amended by RA 5465, April
although pardoned as to the principal penalty 21, 1969).
unless the same shall have been expressly
remitted in the pardon. (Asked 2 times in the Bar Exams)
Art. 43. Prision correccional; Its accessory
1. Correctional penalties penalties.
The penalty of prision correccional shall carry with it
Art. 27 (4). Prision correccional, suspension, and
that of suspension from public office, from the right
destierro.
to follow a profession or calling, and that of
1) The duration of the penalties of prision
perpetual special disqualification from the right of
correccional, suspension and destierro
suffrage, if the duration of said imprisonment shall
2) shall be from six months and one day to six
exceed eighteen months.
years,
3) except when suspension is imposed as an
The offender shall suffer the disqualification
accessory penalty,
provided in the article although pardoned as to the
4) in which case, its duration shall be that of the
principal penalty, unless the same shall have been
principal penalty.
expressly remitted in the pardon.
Arresto mayor.
The duration of the penalty of arresto mayor shall be Art. 44. Arresto; Its accessory penalties.
from one month and one day to six months. The penalty of arresto shall carry with it that of
suspension of the right to hold office and the right of
suffrage during the term of the sentence.
Art. 39. Subsidiary penalty.
If the convict has no property with which to meet
the fine mentioned in the paragraph 3 of the next 1. Prision Correccional
preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each Duration: 6 months and 1 day to 6 years
eight pesos, subject to the following rules: Accessory Penalties:
(1) Suspension from public office
1) If the principal penalty imposed be prision (2) Suspension from the right to follow a profession
correccional or arresto and fine, or calling
he shall remain under confinement until his fine (3) Perpetual Special Disqualification for the right
referred to in the preceding paragraph is of suffrage, if the duration of the imprisonment
satisfied, shall exceed 18 months
but his subsidiary imprisonment shall not exceed
one-third of the term of the sentence, 2. Arresto Mayor
and in no case shall it continue for more than
one year, and no fraction or part of a day shall Duration: 1 month and 1 day to 6 months
be counted against the prisoner. Accessory Penalties:
CRIMINAL LAW REVIEWER
(1) Suspension of right to hold office (2) Suspension of the right of suffrage during the
term of the sentence.
88
PENALTY DURATION EFFECTS ACCESSORIES
(1) Suspension from public office
(2) Suspension from profession or
Prision 6 months & 1 day calling
correccional to 6 years (3) PSD of suffrage, if the
duration of imprisonment
exceeds 18 mos.
(1) Public office
6 months & 1 day
Suspension (2) Profession or calling
to 6 years
(3) Suffrage
9) If the principal penalty imposed is not to be The court can fix any amount of the fine within the
executed by confinement in a penal institution, limits established by law.
but such penalty is of fixed duration,
the convict, during the period of time The court must consider:
established in the preceding rules, The mitigating and aggravating circumstances;
shall continue to suffer the same deprivations as and
those of which the principal penalty consists. More particularly, the wealth or means of the
culprit.
10) The subsidiary personal liability which the
convict may have suffered by reason of his When the law does not fix the minimum of the
insolvency shall not relieve him, fine,
from the fine in case his financial circumstances the determination of the amount of the fine to
should improve. (As amended by RA 5465, April be imposed upon the culprit
21, 1969). is left to the sound discretion of the court,
provided it shall not exceed the maximum
authorized by law.
Art. 44. Arresto; Its accessory penalties.
The penalty of arresto shall carry with it that of Fines are not divided into 3 equal portions.
suspension of the right too hold office and the right
of suffrage during the term of the sentence. 2. Bond to Keep the Peace
ACCESSORY
EFFECTS E. Measures not considered
PENALTY penalty
Deprivation of any public
office or employment of
offender; Art. 24. Measures of prevention or safety which
Perpetual or are nor considered penalties.
Temporary Deprivation of the right to The following shall not be considered as penalties:
Absolute vote in any election or to be (1) The arrest and temporary detention of accused
Disqualification voted upon; persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
Loss of rights to retirement confinement in a hospital.
pay or pension (2) The commitment of a minor to any of the
For public office, profession institutions mentioned in Article 80 and for the
or calling: purposes specified therein.
Deprivation of the office, (3) Suspension from the employment of public
employment, profession office during the trial or in order to institute
or calling affected; proceedings.
Disqualification for (4) Fines and other corrective measures which, in
Perpetual or holding similar offices or the exercise of their administrative disciplinary
Temporary employments during the powers, superior officials may impose upon their
Special period of disqualification; subordinates.
Disqualification For the exercise of right to (5) Deprivation of rights and the reparations which
suffrage: the civil laws may establish in penal form.
Deprivation of the right to
vote or to be elected in an Measures not considered penalties:
office; (1) Preventive detention
Cannot hold any public (2) Detention for medical causes
office during the period of (3) Rehabilitation of minors
disqualification (4) Preventive suspension from public office
(5) Administrative fines and penalties
Suspension from (6) Civil law deprivation of rights and reparations
Disqualification from holding
Public Office, the
such office or the exercise They are not penalties because they are not imposed
Right to Vote and
of such profession or right of as a result of judicial proceedings.
Be Voted for, the
suffrage during the term of
Right to Practice a
the sentence; Those mentioned in par. 3 and 4 are merely
Profession or
Calling preventive measures before conviction of offenders.
Cannot hold another office
having similar functions The commitment of a minor mentioned in par. 2 is
during the period of not a penalty because it is not imposed by the court
suspension. in a judgment of conviction.
(1) Upon adoption of the child; the term of the duration of the penalty consisting of
(2) Upon appointment of a general guardian; deprivation of liberty shall be computed from the
(3) Upon judicial declaration of abandonment of the day that the offender is placed at the disposal of the
child in a case filed for the purpose; judicial authorities for the enforcement of the 93
(4) Upon final judgment of a competent court penalty.
divesting the party concerned of parental
authority; or The duration of the other penalties shall be
(5) Upon judicial declaration of absence or computed only from the day on which the defendant
incapacity of the person exercising parental commences to serve his sentence.
authority. (327a)
RULES ON THE COMPUTATION OF PENALTIES:
F. Application (1) WHEN THE OFFENDER IS IN PRISON – the
duration of temporary penalties is from the
1. Indeterminate Sentence Law day on which the judgment of conviction
2. Three-fold Rule becomes final.
3. Subsidiary Imprisonment (2) WHEN THE OFFENDER IS NOT IN PRISON – the
duration of penalty consisting in deprivation
General Rules of liberty, is from the day that the offender
is placed at the disposal of judicial
Art. 5. Duty of the court in connection with acts authorities for the enforcement of the
which should be repressed but which are not penalty.
covered by the law, and in cases of (3) THE DURATION OF OTHER PENALTIES – the
excessive penalties. — Whenever a court has duration is from the day on which the
knowledge of any act which it may deem proper to offender commences to serve his sentence
repress and which is not punishable by law, it shall
render the proper decision, and shall report to the Examples of temporary penalties:
Chief Executive, through the Department of Justice, (1) Temporary absolute disqualification
the reasons which induce the court to believe that (2) Temporary special disqualification
said act should be made the subject of legislation. (3) Suspension
In the same way, the court shall submit to the Chief If offender is under detention, as when he is
Executive, through the Department of Justice, such undergoing preventive imprisonment, Rule No. 1
statement as may be deemed proper, without applies.
suspending the execution of the sentence, when a
strict enforcement of the provisions of this Code If not under detention, because the offender has
would result in the imposition of a clearly excessive been released on bail, Rule No. 3 applies.
penalty, taking into consideration the degree of
malice and the injury caused by the offense. Examples of penalties consisting in deprivation
of liberty:
In case of excessive penalties, the court must still (1) Imprisonment
impose the penalty but it shall recommend (2) Destierro
reduction, commutation, or other actions to the
Chief Executive. When the offender is not in prison, Rule No. 2
applies.
Art. 21. Penalties that may be imposed. — No
felony shall be punishable by any penalty not If the offender is undergoing preventive
prescribed by law prior to its commission. imprisonment, Rule No. 3 applies but the
offender is entitled to a deduction of full time
Nulla poena sine lege.‖ This article prohibits the or 4/5 of the time of his detention.
Government from imposing punishment to any
person for a felony with any penalty which has not Art. 29. Period of preventive imprisonment
been prescribed by the law. deducted from term of imprisonment.
Offenders who have undergone preventive
In addition, penalties must be individual, i.e., not imprisonment shall be credited in the service of
shared, and definite, e.g., imprisonment, fine, their sentence consisting of deprivation of liberty,
imprisonment and fine, imprisonment or fine; but with the full time during which they have undergone
not imprisonment and/or fine. preventive imprisonment, if the detention prisoner
agrees voluntarily in writing to abide by the same
Art. 28. Computation of penalties. — If the disciplinary rules imposed upon convicted prisoners,
offender shall be in prison, the term of the duration except in the following cases:
of the temporary penalties shall be computed from
the day on which the judgment of conviction shall a. When they are recidivists or have been
have become final. convicted previously twice or more times of any
crime; and
If the offender be not in prison,
CRIMINAL LAW REVIEWER
b. When upon being summoned for the execution his physical, mental and moral record as a
of their sentence they have failed to surrender prisoner, to be determined by the Board of
94 voluntarily. Indeterminate Sentence.
If the detention prisoner does not agree to abide by The settled practice is to give the accused the
the same disciplinary rules imposed upon convicted benefit of the law even in crimes punishable with
prisoners, death or life imprisonment provided the resulting
penalty, after considering the attending
he shall be credited in the service of his sentence circumstances, is reclusion temporal or less.
with four-fifths of the time during which he has
undergone preventive imprisonment. (As amended ISL does not apply to destierro. ISL is expressly
by Republic Act 6127, June 17, 1970). granted to those who are sentenced to imprisonment
exceeding 1 year.
Whenever an accused has undergone preventive
imprisonment a. Application on the imposed sentence
for a period equal to or more than the possible
maximum imprisonment of the offense charged PROCEDURE FOR DETERMING THE MAXIMUM AND
to which he may be sentenced MINIMUM SENTENCE
and his case is not yet terminated, (1) It consists of a maximum and a minimum
instead of a single fixed penalty.
he shall be released immediately without prejudice (2) Prisoner must serve the minimum before he is
to the continuation of the trial thereof or the eligible for parole.
proceeding on appeal, (3) The period between the minimum and
if the same is under review. maximum is indeterminate in the sense that
the prisoner may be exempted from serving
In case the maximum penalty to which the accused said indeterminate period in whole or in part.
may be sentenced is destierro, he shall be released (4) The maximum is determined in any case
after thirty (30) days of preventive imprisonment. punishable under the RPC in accordance with
(As amended by E.O. No. 214, July 10, 1988). the rules and provisions of said code exactly as
if the ISL had never been enacted.
The accused undergoes preventive imprisonment (5) Apply first the effect of privileged mitigating
when the offense charged is nonbailable, or even if circumstances then consider the effects of
bailable, he cannot furnish the required bail. aggravating and ordinary mitigating
circumstances.
The convict is to be released immediately if the (6) The minimum depends upon the court‘s
penalty imposed after trial is less than the full time discretion with the limitation that it must be
or four-fifths of the time of the preventive within the range of the penalty next lower in
imprisonment. degree to that prescribed by the Code for the
offense committed.
The accused shall be released immediately whenever
he has undergone preventive imprisonment for a Note: A minor who escaped from confinement in the
period equal to or more than the possible maximum reformatory is entitled to the benefits of the ISL
imprisonment for the offense charged. because his confinement is not considered
imprisonment.
(Asked 4 times in the Bar Exams)
b. Coverage
1. Indeterminate Sentence Law (R.A. The law does not apply to certain offenders:
4013, as amended) (1) Persons convicted of offense punished with
death penalty or life imprisonment (or reclusion
The Indeterminate Sentence is composed of: perpetua).
(1) A MAXIMUM taken from the penalty imposable (2) Those convicted of treason, conspiracy or
under the penal code (considering attendant proposal to commit treason.
circumstances) (3) Those convicted of misprision of treason,
(2) A MINIMUM taken from the penalty next lower rebellion, sedition or espionage.
to that fixed in the code. (4) Those convicted of piracy.
(5) Those who are habitual delinquents (but applies
Purpose of the law: to uplift and redeem valuable to recidivists).
human material and prevent unnecessary and (6) Those who shall have escaped from confinement
excessive deprivation of liberty and economic or evaded service of sentence.
usefulness. (7) Those who violated the terms of conditional
It is necessary to consider the criminal first as pardon granted to them by the Chief Executive.
an individual, and second as a member of the (8) Those whose maximum term of imprisonment
society. does not exceed one year.
The law is intended to favor the defendant, (9) Those who, upon the approval of the law, had
particularly to shorten his term of been sentenced by final judgment.
imprisonment, depending upon his behavior and
CRIMINAL LAW REVIEWER
reclusion temporal, the range of which is fourteen (11) Suspension from public office, the right to vote
(14) years, eight (8) months and (1) day to seventeen and be voted for, the right to follow a
96 (17) years and four (4) months, profession or calling, and
(12) Public censure
while the minimum shall be taken from the penalty
next lower in degree, which is prision mayor, the Notwithstanding the provisions of the rule next
range of which is from six (6) years and one (1) day preceding, the maximum duration of the convict's
to twelve (12) years, in any of its periods. sentence shall not be more than three-fold the
length of time corresponding to the most severe of
the penalties imposed upon him.
(ASKED 15 TIMES IN THE BAR EXAMS)
No other penalty to which he may be liable shall be
c. Conditions of parole inflicted after the sum total of those imposed equals
the same maximum period.
Section 6: Duty of the prisoner released
under this Code: Report personally to such Such maximum period shall in no case exceed forty
government officials or other parole officers years.
appointed by the Board for a period of surveillance
equivalent to the remaining portion of the maximum In applying the provisions of this rule the duration of
sentence imposed upon him or until final release by perpetual penalties shall be computed at thirty
the Board. If it is shown that he is a law-abiding years. (As amended).
citizen and did not violate any laws of the country,
the Board may issue a final certificate of release Outline of the provisions of this Article:
which will entitle him to final release and discharge.
(1) When the culprit has to serve 2 or more
penalties, he shall serve them simultaneously
if the nature of the penalties will so permit.
Section 8: Violations of the conditions of the
(2) Otherwise, the order of their respective
parole: If he/she violates any of the conditions of
severity shall be followed.
the parole, the Board may issue his warrant of
arrest. If captured/arrested, he shall serve the
The respective severity of the penalties is as
remaining unexpired portion of the maximum
follows:
sentence for which he was originally committed
(1) Death (repealed)
unless a new parole was granted.
(2) Reclusion perpetua
(3) Reclusion temporal
2. The Three-fold rule (4) Prision mayor
(5) Prision correccional
Art. 70. Successive service of sentence. (6) Arresto mayor
When the culprit has to serve two or more penalties, (7) Arresto menor
he shall serve them simultaneously if the nature of (8) Destierro
the penalties will so permit otherwise, the following (9) Perpetual absolute disqualification
rules shall be observed: (10) Temporary absolute disqualification
(11) Suspension from public office, the right to
In the imposition of the penalties, the order of their vote, and be voted for, the right to follow
respective severity shall be followed so that they profession or calling, and
may be executed successively (12) Public censure
or as nearly as may be possible, should a pardon The penalties which can be simultaneously served
have been granted as to the penalty or penalties are:
first imposed, or should they have been served out. (1) Perpetual absolute disqualification
(2) Perpetual special disqualification
For the purpose of applying the provisions of the (3) Temporary absolute disqualification
next preceding paragraph (4) Temporary special disqualification
(5) Suspension
the respective severity of the penalties shall be (6) Destierro
determined in accordance with the following scale: (7) Public Censure
(8) Fine and Bond to keep the peace
(1) Death, (9) Civil interdiction
(2) Reclusion perpetua, (10) Confiscation and payment of costs
(3) Reclusion temporal,
(4) Prision mayor, The above penalties, except destierro, can be
(5) Prision correccional, served simultaneously with imprisonment.
(6) Arresto mayor, Penalties consisting in deprivation of liberty
(7) Arresto menor, cannot be served simultaneously by reason of
(8) Destierro, the nature of such penalties.
(9) Perpetual absolute disqualification,
(10) Temporal absolute disqualification. Three-fold Rule:
CRIMINAL LAW REVIEWER
personal liability at the rate of one day for each than 1 year. Fraction or part of the day not
eight pesos, subject to the following rules: counted.
98 (2) When the penalty imposed is fine only –
1) If the principal penalty imposed be prision subsidiary imprisonment, not to exceed 6
correccional or arresto and fine, months, if the culprit is prosecuted for grave
he shall remain under confinement until his fine or less grave felony, and not to exceed 15
referred to in the preceding paragraph is days, if prosecuted for light felony.
satisfied, (3) When the penalty imposed is higher than
but his subsidiary imprisonment shall not exceed prision correccional – no subsidiary
one-third of the term of the sentence, imprisonment.
and in no case shall it continue for more than (4) If the penalty imposed is not to be executed
one year, and no fraction or part of a day shall by confinement, but of fixed duration –
be counted against the prisoner. subsidiary penalty shall consist in the same
deprivations as those of the principal penalty,
2) When the principal penalty imposed be only a under the same rules as in Nos. 1, 2 and 3
fine, above.
the subsidiary imprisonment shall not exceed six (5) In case the financial circumstances of the
months, convict should improve, he shall pay the fine,
if the culprit shall have been prosecuted for a notwithstanding the fact that the convict
grave or less grave felony, and shall not exceed suffered subsidiary penalty thereof.
fifteen days, if for a light felony.
No subsidiary penalty in the following cases:
3) When the principal imposed is higher than (1) When the penalty imposed is higher than
prision correccional, prision correccional. (Art. 39 par.
no subsidiary imprisonment shall be imposed (2) For failure to pay the reparation of the
upon the culprit. damage caused, indemnification of the
consequential damages, and the costs of the
4) If the principal penalty imposed is not to be proceedings.
executed by confinement in a penal institution, (3) When the penalty imposed is fine and a
but such penalty is of fixed duration, penalty not to be executed by confinement in
a penal institution and which has no fixed
the convict, during the period of time
duration.
established in the preceding rules,
shall continue to suffer the same deprivations as
those of which the principal penalty consists. Art. 46. Penalty to be imposed upon principals in
general. — The penalty prescribed by law for the
5) The subsidiary personal liability which the commission of a felony shall be imposed upon the
convict may have suffered by reason of his principals in the commission of such felony.
insolvency shall not relieve him,
Whenever the law prescribes a penalty for a felony is
from the fine in case his financial circumstances
general terms, it shall be understood as applicable
should improve. (As amended by RA 5465, April
21, 1969). to the consummated felony.
e. Indeterminate Sentence Law (minimum, imposed upon the accessories to the commission of a
which is within the range of the penalty 1° frustrated felony.
lower than the penalty prescribed by the
RPC) Art. 56. Penalty to be imposed upon accomplices
99
in an attempted crime.
2. By Periods (for divisible penalties, i.e., The penalty next lower in degree than that
penalties with minimum, medium, and prescribed by law for an attempt to commit a felony
maximum periods), which is affected by the shall be imposed upon the accomplices in an attempt
attendant ordinary mitigating/aggravating to commit the felony.
circumstances
Art. 57. Penalty to be imposed upon accessories
Principals, Accomplices and Accessories in of an attempted crime.
Consummated, Frustrated and Attempted The penalty lower by two degrees than that
Felonies. prescribed by law for the attempted felony shall be
imposed upon the accessories to the attempt to
Art. 46. Penalty to be imposed upon principals in commit a felony.
general.
The penalty prescribed by law for the commission of
a felony shall be imposed upon the principals in the
commission of such felony.
CONSUMMATED
Whenever the law prescribes a penalty for a felony is
DIAGRAM OF THE APPLICATION
FRUSTRATED
ATTEMPTED
general terms, it shall be understood as applicable
OF ARTS. 50-57:
to the consummated felony.
Art. 55. Penalty to be imposed upon accessories Each of the penalties of reclusion perpetua,
of a frustrated crime. reclusion temporal, prision mayor, etc., enumerated
The penalty lower by two degrees than that in the graduated scales of Art. 71 is a degree.
prescribed by law for the frustrated felony shall be
CRIMINAL LAW REVIEWER
Art. 61. Rules for graduating penalties. Those rules also apply in lowering the penalty by one
For the purpose of graduating the penalties which, or two degrees by reason of the presence of
according to the provisions of Articles 50 to 57, privileged mitigating circumstance (Arts. 68 and 69),
inclusive, of this Code, are to be imposed upon
persons guilty as principals of any frustrated or or when the penalty is divisible and there are two or
attempted felony, or as accomplices or accessories, more mitigating circumstances (generic) and no
aggravating circumstance (Art. 64).
the following rules shall be observed:
1) When the penalty prescribed for the felony is The lower penalty shall be taken from the graduated
single and indivisible, the penalty next lower in scale in Art. 71.
degrees shall be that immediately following that
indivisible penalty in the respective graduated The INDIVISIBLE PENALTIES are:
scale prescribed in Article 71 of this Code. (1) death
2) When the penalty prescribed for the crime is (2) reclusion perpetua
composed of two indivisible penalties, or of one (3) public censure
or more divisible penalties to be impose to their
full extent, the penalty next lower in degree The DIVISIBLE PENALTIES are:
shall be that immediately following the lesser of (1) reclusion temporal
CRIMINAL LAW REVIEWER
Mitigating or aggravating circumstances and habitual b. Those that are inherent in the crime
delinquency shall be taken into account for the committed:
102 purpose of diminishing or increasing the penalty in i. Included by law in defining the crime
conformity with the following rules: ii. Inherent in the crime but of necessity
(1) Aggravating circumstances which in themselves they accompany the commission
constitute a crime specially punishable by law or thereof
which are included by the law in defining a 2) Aggravating or mitigating circumstances that
crime and prescribing the penalty therefor shall serve to aggravate or mitigate the liability of
not be taken into account for the purpose of the offender to whom such are attendant. Those
increasing the penalty. arising from:
(2) The same rule shall apply with respect to any Moral attributes of the offender
aggravating circumstance inherent in the crime His private relations with the offended
to such a degree that it must of necessity party
accompany the commission thereof. Any other personal cause
(3) Aggravating or mitigating circumstances which 3) Aggravating or mitigating circumstances that
arise from the moral attributes of the offender, affect the offenders only who had knowledge of
or from his private relations with the offended them at the time of the execution of the act or
party, or from any other personal cause, shall their cooperation therein.
only serve to aggravate or mitigate the liability
of the principals, accomplices and accessories as What are the legal effects of habitual delinquency?
to whom such circumstances are attendant. Third conviction. The culprit is sentenced to
(4) The circumstances which consist in the material the penalty for the crime committed and to the
execution of the act, or in the means employed additional penalty of prision correccional in its
to accomplish it, shall serve to aggravate or medium and maximum period.
mitigate the liability of those persons only who Fourth conviction. The penalty is that provided
had knowledge of them at the time of the by law for the last crime and the additional
execution of the act or their cooperation penalty of prision mayor in its minimum and
therein. medium periods.
(5) Habitual delinquency shall have the following Fifth or additional conviction. The penalty is
effects: that provided by law for the last crime and the
a. Upon a third conviction the culprit shall be additional penalty of prision mayor in its
sentenced to the penalty provided by law maximum period to reclusion temporal in its
for the last crime of which he be found minimum period.
guilty and to the additional penalty of
prision correccional in its medium and Note:
maximum periods; In no case shall the total of the 2 penalties
b. Upon a fourth conviction, the culprit shall imposed upon the offender exceed 30 years.
be sentenced to the penalty provided for The law does not apply to crimes described in
the last crime of which he be found guilty Art. 155.
and to the additional penalty of prision The imposition of the additional penalty on
mayor in its minimum and medium periods; habitual delinquents are CONSTITUTIONAL
and because such law is neither an EX POST FACTO
c. Upon a fifth or additional conviction, the LAW nor an additional punishment for future
culprit shall be sentenced to the penalty crimes.
provided for the last crime of which he be It is simply a punishment on future crimes on
found guilty and to the additional penalty account of the criminal propensities of the
of prision mayor in its maximum period to accused.
reclusion temporal in its minimum period
The imposition of such additional penalties is
(6) Notwithstanding the provisions of this article,
mandatory and is not discretionary.
the total of the two penalties to be imposed
Habitual delinquency applies at any stage of the
upon the offender, in conformity herewith, shall
execution because subjectively, the offender
in no case exceed 30 years.
reveals the same degree of depravity or
(7) For the purpose of this article, a person shall be
perversity as the one who commits a
deemed to be habitual delinquent, is within a
consummated crime.
period of ten years from the date of his release
or last conviction of the crimes of serious or less It applies to all participants because it reveals
serious physical injuries, robo, hurto, estafa or persistence in them of the inclination to
falsification, he is found guilty of any of said wrongdoing and of the perversity of character
crimes a third time or oftener. that led them to commit the previous crime.
(Asked 3 times in the Bar Exams) circumstance, the lesser penalty shall be applied.
Art. 67. Penalty to be imposed when not all the The rule for complex crimes is to impose the penalty
requisites of exemption of the fourth for the most serious offense in its MAXIMUM period.
circumstance of Article 12 are present.
When all the conditions required in circumstances Monteverde v. People (2002):
Number 4 of Article 12 of this Code to exempt from Monteverde was purportedly charged with the
criminal liability are not present, complex crime of estafa through falsification of a
commercial document for allegedly falsifying the
the penalty of arresto mayor in its maximum period document she had submitted to show that the money
to prision correccional in its minimum period shall be donated by PAGCOR was used and spent for lighting
imposed upon the culprit if he shall have been guilty materials for her barangay.
of a grave felony, Held:
Under Article 48 of the Revised Penal Code, a
and arresto mayor in its minimum and medium complex crime refers to:
periods, if of a less grave felony. 1) the commission of at least two grave or less
grave felonies that must both (or all) be the
result of a single act, or
Penalty to be imposed if the requisites of accident
2) one offense must be a necessary means for
(Art. 12 par 4) are not all present:
committing the other (or others).
a) GRAVE FELONY: arresto mayor maximum period
to prision correccional minimum period
Using the above guidelines, the acts cannot
b) LESS GRAVE FELONY: arresto mayor minimum
constitute a complex crime.
period and medium period
Specifically, the alleged actions showing falsification
Art. 69. Penalty to be imposed when the crime of a public and/or a commercial document were not
committed is not wholly excusable. necessary to commit estafa.
A penalty lower by one or two degrees than that
prescribed by law shall be imposed if the deed is not Neither were the two crimes the result of a single
wholly excusable by reason of the lack of some of act.
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
People v. Gonzalez (Supra):
shall impose the penalty in the period which may be
Both of the families of Andres and that of Gonzalez
deemed proper, in view of the number and nature of
were on their way to the exit of the Loyola Memorial
the conditions of exemption present or lacking.
Park.
Penalty to be imposed when the crime committed Gonzales was driving with his grandson and 3
is not wholly excusable: housemaids, while Andres was driving with his
One or two degrees lower pregnant wife, Feliber, his 2yr old son, Kenneth, his
if the majority of the conditions for justification nephew Kevin and his sister-in-law.
or exemption in the cases provided in Arts. 11
and 12 are present. At an intersection, their two vehicles almost
collided. Gonzales continued driving while Andres
People v. Lacanilao (1988): tailed Gonzales‘ vehicle and cut him off when he
Held: found the opportunity to do so, then got out of his
Incomplete fulfillment of duty is a privileged vehicle and knocked on the appellant's car window.
mitigating circumstance which not only cannot be
offset by aggravating circumstances but also reduces Heated exchange of remarks followed. On his way
the penalty by one or two degrees than that back to his vehicle, he met Gonzales son, Dino.
prescribed b law. The governing provision is Art. 69 Andres had a shouting match this time with Dino.
of the RPC.
Gonzales then alighted from his car and fired a
single shot at the last window on the left side of
G. Special rules for certain Andres' vehicle at an angle away from Andres.
situations The single bullet fired hit Kenneth, Kevin and Feliber
CRIMINAL LAW REVIEWER
Considering that the offenses committed by the act Velasquez then raped Karen twice.
of the appellant of firing a single shot are: one
count of homicide, a grave felony, and two counts of The trial court convicted Velasquez of two counts of
slight physical injuries, a light felony, the rules on rape.
the imposition of penalties for complex crimes,
which requires two or more grave and/or less grave Held:
felonies, will not apply. Considering that Velasquez forcibly abducted Karen
and then raped her twice, he should be convicted of
the complex crime of forcible abduction with rape
and simple rape.
People v. Comadre (2004):
Robert Agbanlog, Wabe, Bullanday, Camat and The penalty for complex crimes is the penalty for
the most serious crime which shall be imposed in its
The underlying philosophy of complex crimes in the maximum period.
Revised Penal Code, which follows the pro reo
principle, is intended to favor the accused by Rape is the more serious of the two crimes and is
imposing a single penalty irrespective of the crimes punishable with reclusion perpetua under Article
committed. 266-A of the Revised Penal Code and since reclusion
perpetua is a single indivisible penalty, it shall be
The rationale being, that the accused who commits imposed as it is.
two crimes with single criminal impulse
demonstrates lesser perversity than when the crimes The subsequent rape committed by Velasquez can no
are committed by different acts and several criminal longer be considered as a separate complex crime of
resolutions. forcible abduction with rape but only as a separate
act of rape punishable by reclusion perpetua.
The single act by appellant of detonating a hand
grenade may quantitatively constitute a cluster of
several separate and distinct offenses, yet these 2. Crimes Different from That
component criminal offenses should be considered
only as a single crime in law on which a single
Intended
penalty is imposed because the offender was
impelled by a ―single criminal impulse‖ which shows Art. 49. Penalty to be imposed upon the
his lesser degree of perversity. principals when the crime committed is different
from that intended. — In cases in which the felony
committed is different from that which the offender
People v. Delos Santos (2001): intended to commit, the following rules shall be
Held: observed:
Considering that the incident was not a product of a
malicious intent but rather the result of a single act 1. If the penalty prescribed for the felony committed
of reckless driving, be higher than that corresponding to the offense
which the accused intended to commit, the penalty
Glenn should be held guilty of the complex crime of corresponding to the latter shall be imposed in its
reckless imprudence resulting in multiple homicide maximum period.
with serious physical injuries and less serious
physical injuries. 2. If the penalty prescribed for the felony committed
be lower than that corresponding to the one which
The slight physical injuries caused by Glenn to the the accused intended to commit, the penalty for the
ten other victims through reckless imprudence, former shall be imposed in its maximum period.
would, had they been intentional, have constituted
light felonies. 3. The rule established by the next preceding
paragraph shall not be applicable if the acts
Being light felonies, which are not covered by Article committed by the guilty person shall also constitute
48, they should be treated and punished as separate an attempt or frustration of another crime, if the
CRIMINAL LAW REVIEWER
law prescribes a higher penalty for either of the 3. Where the Offender Is Below 18
latter offenses, in which case the penalty provided
for the attempted or the frustrated crime shall be
Years
106
imposed in its maximum period.
Art. 68. Penalty to be imposed upon a person
under eighteen years of age.
Either the crime committed be more grave than the
When the offender is a minor under eighteen years
crime intended or the crime intended be more grave
than the crime committed, the penalty to be
and his case is one coming under the provisions of
imposed should be the penalty for the lesser felony
the paragraphs next to the last of Article 80 of this
in its MAXIMUM period.
Code,
Except: if the lesser felony constitutes an attempt or
the following rules shall be observed:
frustration of another felony.
1) Upon a person under fifteen but over nine years
Example: If the crime intended was homicide, but
of age, who is not exempted from liability by
the crime committed was parricide, the penalty to
reason of the court having declared that he
be imposed is the penalty for homicide in its
acted with discernment, a discretionary penalty
MAXIMUM period.
shall be imposed, but always lower by two
degrees at least than that prescribed by law for
Impossible Crimes
the crime which he committed.
Art. 59. Penalty to be imposed in case of failure
to commit the crime because the means employed 2) Upon a person over fifteen and under eighteen
or the aims sought are impossible. — When the years of age the penalty next lower than that
person intending to commit an offense has already prescribed by law shall be imposed, but always
performed the acts for the execution of the same in the proper period.
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 PD No. 603. ART. 192. Suspension of Sentence and
the means employed by such person are essentially Commitment of Youthful Offender.
inadequate to produce the result desired by him, the (1) If after hearing the evidence in the proper
court, having in mind the social danger and the proceedings, the court should find that the
degree of criminality shown by the offender, shall youthful offender has committed the acts
impose upon him the penalty of arresto mayor or a charged against him
fine from 200 to 500 pesos. (2) the court shall determine the imposable
penalty, including any civil liability chargeable
against him.
Depending upon the social danger and the degree of
(3) However, instead of pronouncing judgment of
criminality shown by the offender, the penalty for
conviction, the court shall suspend all further
impossible crimes is arresto mayor or fine of P200-
proceedings and shall commit such minor to the
P500.
custody or care of the Department of Social
Welfare, or to any training institution
Plural Crimes (supra)
(4) until he shall have reached twenty-one years of
age or, for a shorter period as the court may
Additional Penalty for Certain Accessories
deem proper,
(5) after considering the reports and
Art. 58. Additional penalty to be imposed upon recommendations of the Department of Social
certain accessories. Welfare or the agency or responsible individual
Those accessories falling within the terms of under whose care he has been committed.
paragraphs 3 of Article 19 of this Code
The youthful offender shall be subject to visitation
who should act with abuse of their public functions, and supervision
shall suffer the additional penalty of by a representative of the Department of Social
absolute perpetual disqualification if the Welfare or any duly licensed agency or such other
principal offender shall be guilty of a grave officer as the court may designate subject to such
felony, and that conditions as it may prescribe.
of absolute temporary disqualification if he shall
be guilty of a less grave felony. Art. 68 applies to such minor if his application for
suspension of sentence is disapproved or if while in
Absolute perpetual disqualification if the principal the reformatory institution he becomes incorrigible
offender is guilty of a grave felony. in which case he shall be returned to the court for
the imposition of the proper penalty.
Absolute temporary disqualification if the principal
offender is guilty of a less grave felony. 9 to 15 years only with discernment: at least 2
degrees lower.
H. Execution and Service If the convict enters the prohibited area, he commits
evasion of sentence.
Execution of Penalties
Destierro is imposed:
Art. 78. When and how a penalty is to be
When the death or serious physical injuries is
executed.
caused or are inflicted under exceptional
No penalty shall be executed except by virtue of a
circumstances (art. 247);
final judgment.
When a person fails to give bond for good
A penalty shall not be executed in any other form behavior (art. 284);
than that prescribed by law, nor with any other As a penalty for the concubine in the crime of
circumstances or incidents than those expressly concubinage (Art. 334);
authorized thereby. When after lowering the penalty by degrees,
destierro is the proper penalty.
In addition to the provisions of the law, the special
regulations prescribed for the government of the Art. 88. Arresto menor.
institutions in which the penalties are to be suffered The penalty of arresto menor shall be served in the
shall be observed with regard to municipal jail, or in the house of the defendant
the character of the work to be performed, himself under the surveillance of an officer of the
the time of its performance, and other incidents law,
connected therewith, when the court so provides in its decision, taking
the relations of the convicts among themselves into consideration the health of the offender and
and other persons, other reasons which may seem satisfactory to it.
the relief which they may receive, and
their diet. Service of the penalty of arresto menor:
In the municipal jail
The regulations shall make provision for the In the house of the offender, but under the
separation of the sexes in different institutions, or at surveillance of an officer of the law For health
least into different departments and also for the or other good reasons as determined by the
correction and reform of the convicts. court.
Held:
Art. 87. Destierro. Art. 70 allows simultaneous service of two or more
Any person sentenced to destierro shall not be penalties only if the nature of the penalties so
permitted to enter the place or places designated in permit.
the sentence,
CRIMINAL LAW REVIEWER
1. Promote the correction and rehabilitation of an The grant of probation does not extinguish the civil
offender by providing him with individualized liability of the offender.
treatment
2. Provide an opportunity for the reformation of a The order of probation with one of the conditions
penitent offender which might be less probable providing for the manner of payment of the civil
if he were to serve a prison sentence liability during the period of probation did not
3. Prevent the commission of offenses increase or decrease the civil liability adjudged.
c. Grant of probation, manner and conditions The conditions listed under Sec. 10 of the Probation
law are not exclusive.
Grant of probation (Sec. 4)
Subject to the provisions of this Decree, the trial Courts are allowed to impose practically any term it
court may, after it shall have convicted and chooses, the only limitation being that it does not
sentenced a defendant and upon application by said jeopardize the constitutional rights of the accused.
defendant within the period for perfecting an
appeal, suspend the execution of the sentence and
place the defendant on probation for such period Office of the Court Administrator v. Librado
and upon such terms and conditions as it may deem (1996):
best: Provided, That no application for probation Held:
shall be entertained or granted if the defendant has While indeed the purpose of the Probation Law is to
perfected the appeal from the judgment of save valuable human material,
conviction. it must not be forgotten that unlike pardon
probation does not obliterate the crime of which the
Probation may be granted whether the sentence person under probation has been convicted.
imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial The image of the judiciary is tarnished by conduct
court. The filing of the application shall be deemed involving moral turpitude.
a waiver of the right to appeal.
The reform and rehabilitation of the probationer
An order granting or denying probation shall not be cannot justify his retention in the government
appealable. service.
1. if the convict is sentence to imprisonment of not Art. 79. Suspension of the execution and service
more than one year, probation shall not exceed of the penalties in case of insanity.
110 two years When a convict shall become insane or an imbecile
2. if s/he sentenced to more than one year, after final sentence has been pronounced,
probation shall not exceed six years.
3. if the sentence is only a fine (offender in this the execution of said sentence shall be suspended
case is made to suffer subsidiary imprisonment), only with regard to the personal penalty, the
probation Shall be not less than nor more than provisions of the second paragraph of circumstance
twice the total days of subsidiary number 1 of Article 12 being observed in the
imprisonment. corresponding cases.
Question: Does the probation law apply to Drug If at any time the convict shall recover his reason,
Traffickers and Pushers?
Answer: NO his sentence shall be executed, unless the penalty
shall have prescribed in accordance with the
Section 24 of RA 9165 (The Comprehensive provisions of this Code.
Dangerous Drugs Act) states that: The respective provisions of this section shall also be
observed if the insanity or imbecility occurs while
Section 24. Non-Applicability of the Probation the convict is serving his sentence.
Law for Drug Traffickers and Pushers. – Any person
convicted for drug trafficking or pushing under this Only execution of personal penalty is suspended:
Act, regardless of the penalty imposed by the Court, civil liability may be executed even in case of
cannot avail of the privilege granted by the insanity of convict.
Probation Law or Presidential Decree No. 968, as
amended. An accused may become insane:
1) at the time of commission of the crime
Lagrosa vs. People (2003): A person who appeals his exempt from criminal liability
conviction for purposes of reducing the penalty to 2) at the time of the trial
that which is within the probationable limit may still court shall suspend hearings and order his
apply for probation. confinement in a hospital until he recovers
his reason
(ASKED 16 TIMES IN THE BAR EXAMS) 3) at the time of final judgment or while serving
sentence
g. Arrest of probationer (Sec. 15)
Sec. 15. Arrest of probationer; subsequent execution suspended with regard to the personal
dispositions. – At any time during probation, the penalty only
court may issue a warrant for the arrest of a
probationer for any serious violation of the Minority
conditions of probation. The probationer, once Please refer to succeeding subsection on RA 9344
arrested and detained, shall immediately be brought and PD 603
before the court for a hearing of the violation
charged. The defendant may be admitted to bail h. Termination of probation; exception
pending such hearing. In such case, the provisions
regarding release on bail of persons charged with a i. The Comprehensive Dangerous Drugs Act of
crime shall be applicable to probationers arrested 2002 (R.A. 9165)
under this provision.
Sec. 16. Termination of probation – After the
In the hearing, which shall be summary in nature, period of probation and upon consideration of the
the probationer shall have the right to be informed report and recommendation of the probation officer,
of the violation charged and to adduce evidence in the court may order the final discharge of the
his favor. The court shall not be bound by the probationer upon finding that he has fulfilled the
technical rules of evidence but may inform itself of terms and conditions of his probation and thereupon,
all the facts which are material and relevant to the case is deemed terminated.
ascertain the veracity of the charge. The State shall
be represented by a prosecuting officer in any The final discharge of the probationer shall operate
contested hearing. If the violation is established, the to restore to him all civil rights lost or suspended as
court may revoke or continue his probation and a result of his conviction and to fully discharge his
modify the conditions thereof. If revoked, the court liability for any fine imposed as to the offense for
shall order the probationer to serve the sentence which probation was granted.
originally imposed. An order revoking the grant of
probation or modifying the terms and conditions The probationer and the probation officer shall each
thereof shall not be appealable. be furnished with a copy of such order.
Suspension in case of Insanity or Minority The expiration of the probation period alone does
not automatically terminate probation. Probation is
Insanity not coterminous with its period. There must first be
CRIMINAL LAW REVIEWER
―Diversion Program‖ refers to the program that the appropriate, adopt indigenous modes of conflict
child in conflict with the law is required to undergo resolution in accordance with the best interest of
112 after he/she is found responsible for an offense the child with a view to accomplishing the objectives
without resorting to formal court proceedings. of restorative justice and the formulation of a
diversion program. The child and his/her family shall
Intervention program be present in these activities.
SEC. 18. Development of a Comprehensive
(b) In victimless crimes where the imposable penalty
Juvenile Intervention Program. - A Comprehensive
is not more than six (6) years imprisonment, the
juvenile intervention program covering at least a 3-
local social welfare and development officer shall
year period shall be instituted in LGUs from the
barangay to the provincial level. meet with the child and his/her parents or guardians
for the development of the appropriate diversion
The LGUs shall set aside an amount necessary to and rehabilitation program, in coordination with the
implement their respective juvenile intervention BCPC;
programs in their annual budget.
(c) Where the imposable penalty for the crime
committed exceeds six (6) years imprisonment,
The LGUs, in coordination with the LCPC, shall call
diversion measures may be resorted to only by the
on all sectors concerned, particularly the child-
court.
focused institutions, NGOs, people's organizations,
educational institutions and government agencies
involved in delinquency prevention to participate in Distinguished from Preventive Imprisonment
the planning process and implementation of juvenile Art. 29. Period of preventive imprisonment
intervention programs. Such programs shall be deducted from term of imprisonment.
implemented consistent with the national program Offenders who have undergone preventive
formulated and designed by the JJWC. The imprisonment shall be credited in the service of
implementation of the comprehensive juvenile their sentence consisting of deprivation of liberty,
intervention program shall be reviewed and assessed with the full time during which they have undergone
annually by the LGUs in coordination with the LCPC. preventive imprisonment, if the detention prisoner
Results of the assessment shall be submitted by the agrees voluntarily in writing to abide by the same
provincial and city governments to the JJWC not disciplinary rules imposed upon convicted prisoners,
later than March 30 of every year. except in the following cases:
SEC. 19. Community-based Programs on Juvenile a. When they are recidivists or have been convicted
previously twice or more times of any crime; and
Justice and Welfare. - Community-based programs
on juvenile justice and welfare shall be instituted by b. When upon being summoned for the execution of
the LGUs through the LCPC, school, youth their sentence they have failed to surrender
organizations and other concerned agencies. The voluntarily.
LGUs shall provide community-based services which
respond to the special needs, problems, interests If the detention prisoner does not agree to abide by
and concerns of children and which offer appropriate the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his
counseling and guidance to them and their families.
sentence with four-fifths of the time during which he
These programs shall consist of three levels:
has undergone preventive imprisonment. (As
amended by Republic Act 6127, June 17, 1970).
(a) Primary intervention includes general measures
to promote social justice and equal opportunity,
Whenever an accused has undergone preventive
which tackle perceived root causes of offending;
(b) Secondary intervention includes measures to imprisonment
assist children at risk; and for a period equal to or more than the possible
(c) Tertiary intervention includes measures to avoid maximum imprisonment of the offense charged
unnecessary contact with the formal justice to which he may be sentenced
system and other measures to prevent re- and his case is not yet terminated,
offending.
he shall be released immediately without prejudice
to the continuation of the trial thereof or the
System of diversion (Sec. 23, RA 9344)
proceeding on appeal,
SEC. 23. System of Diversion. - Children in conflict if the same is under review.
with the law shall undergo diversion programs
without undergoing court proceedings subject to the In case the maximum penalty to which the accused
conditions herein provided: may be sentenced is destierro, he shall be released
after thirty (30) days of preventive imprisonment.
(a) Where the imposable penalty for the crime (As amended by E.O. No. 214, July 10, 1988).
committee is not more than six (6) years
imprisonment, the law enforcement officer or
The accused undergoes preventive imprisonment
Punong Barangay with the assistance of the local
when the offense charged is nonbailable, or even if
social welfare and development officer or other
bailable, he cannot furnish the required bail.
members of the LCPC shall conduct mediation,
family conferencing and conciliation and, where
CRIMINAL LAW REVIEWER
A. TOTAL EXTINGUISHMENT
1. By prescription of crime
2. By prescription of penalty
3. By the death of the convict
4. By Service of sentence
5. By Amnesty
6. By Absolute Pardon
7. By the marriage of the offended woman and the
offender in the crimes of rape, abduction,
seduction and acts of lasciviousness. (Art. 344)
B. PARTIAL EXTINGUISHMENT
1. By Conditional Pardon
2. By Commutation of sentence
3. For good conduct, allowances which the culprit
may earn while he is serving sentence
4. By Parole
5. By Probation
Commits any crime before the expiration of release the latter upon compliance with the
the period of prescription condition. One usual condition is ―not again violate
any of the penal laws of the country‖.
Question: What happens in cases where our 115
government has extradition treaty with another Effects of Pardon of the President
country but the crime is not included in the treaty? Art. 36. Pardon; its effects. – A pardon shall not
Answer: It would interrupt the running of the work the restoration of the right to hold public
prescriptive period. office, or the right of suffrage, unless such rights be
expressly restored by the terms of the pardon.
Question: What is the effect of the acceptance of A pardon shall in no case exempt the culprit
the convict of a conditional pardon? from the payment of civil indemnity imposed upon
Answer: It would interrupt the acceptance of the him by the sentence.
prescriptive period.
Effects:
Question: What happens if the culprit is captured (1) A pardon shall not restore the right to hold
but he evades again the service of his sentence? public office or the right of suffrage.
Answer: The period of prescription that ran during Exception: When any or both such rights is or
the evasion is not forfeited. The period of are expressly restored by the terms of the
prescription that has run in his favor should be taken pardon.
into account. (2) It shall not exempt the culprit from the payment
of the civil indemnity. The pardon cannot make
NOTE: THE RPC PROVISIONS ON CIVIL LIABILITY IS an exception to this rule.
NOT INCLUDED IN THE SC OUTLINE.
Limitations upon the exercise of pardoning power
C. Pardon by the offended party (1) That the power can be exercised only after
conviction.
Art. 23. Effect of pardon by the offended party. a. Thus in applying for pardon, the
— A pardon of the offended party does not convict must not appeal the
extinguish criminal action except as provided in judgment of conviction or the
Article 344 of this Code; but civil liability with appeal must be abandoned.
regard to the interest of the injured party is (2) That such power does not extend to cases of
extinguished by his express waiver. impeachment. (Cristobal v. Labrador).
This article states the extent of a pardon made by Pardon by the Chief Pardon by the offended
the offended party. Under this article, a pardon does Executive party
not extinguish the criminal liability of an offender Extinguishes the criminal Does not extinguish
except for cases under Article 344 (Prosecution of liability of the offender. criminal liability.
the crimes of adultery, concubinage, seduction, Although it may
abduction, rape and acts of lasciviousness). constitute a bar to the
prosecution of the: (1)
But the civil liability with regard to the interest of crimes of seduction,
the injured party is extinguished. abduction and acts of
lasciviousness by the
D. Pardon by the Chief Executive valid marriage of the
offended party and the
offender; and (2) in
Absolute Pardon adultery and
An act of grace, proceeding from the power concubinage, by the
entrusted with the execution of the laws. express or implied
pardon by the offended
Exempts the individual from the penalty of the crime spouse.
he has committed. Cannot include civil The offended party can
liabilities which the waive the civil liability
Monsanto v Factoran (1989): offender must pay. which the offender must
1. Absolute pardon does not ipso facto entitle the pay.
convict to reinstatement to the public office Conditional or Absolute Cannot be conditional
forfeited by reason of his conviction. Granted only after the Pardon should be given
2. Although pardon restores his eligibility for conviction. before the institution of
appointment to that office, the pardoned convict criminal prosecution.
must reapply for a new appointment.
E. Amnesty
Conditional Pardon An act of the sovereign power granting oblivion or
If delivered and accepted, it is a contract between
general pardon for a past offense.
the executive and the convict tat the former will
CRIMINAL LAW REVIEWER
Republic Act No. 9344 appropriate and desirable, the State shall
adopt measures for dealing with such
children without resorting to judicial
AN ACT ESTABLISHING A COMPREHENSIVE proceedings, providing that human rights 117
JUVENILE JUSTICE AND WELFARE SYSTEM, and legal safeguards are fully respected. It
CREATING THE JUVENILE JUSTICE AND WELFARE shall ensure that children are dealt with in
COUNCIL UNDER THE DEPARTMENT OF JUSTICE, a manner appropriate to their well-being by
APPROPRIATING FUNDS THEREFOR AND FOR providing for, among others, a variety of
OTHER PURPOSES disposition measures such as care, guidance
and supervision orders, counseling,
Be it enacted by the Senate and House of probation, foster care, education and
Representatives of the Philippines in Congress vocational training programs and other
assembled: alternatives to institutional care.
(e) The administration of the juvenile
TITLE I justice and welfare system shall take into
GOVERNING PRINCIPLES consideration the cultural and religious
perspectives of the Filipino people,
CHAPTER 1 particularly the indigenous peoples and the
TITLE, POLICY AND DEFINITION OF TERMS Muslims, consistent with the protection of
the rights of children belonging to these
Section 1. Short Title and Scope. - This Act shall be communities.
known as the "Juvenile Justice and Welfare Act of (f) The State shall apply the principles of
2006." It shall cover the different stages involving restorative justice in all its laws, policies
children at risk and children in conflict with the law and programs applicable to children in
from prevention to rehabilitation and reintegration. conflict with the law.
SEC. 2. Declaration of State Policy. - The following SEC. 3. Liberal Construction of this Act. - In case
State policies shall be observed at all times: of doubt, the interpretation of any of the provisions
(a) The State recognizes the vital role of of this Act, including its implementing rules and
children and youth in nation building and regulations (IRRs), shall be construed liberally in
shall promote and protect their physical, favor of the child in conflict with the law.
moral, spiritual, intellectual and social
well-being. It shall inculcate in the youth SEC. 4. Definition of Terms. - The following terms
patriotism and nationalism, and encourage as used in this Act shall be defined as follows:
their involvement in public and civic affairs. (a) "Bail" refers to the security given for the
(b) The State shall protect the best release of the person in custody of the law,
interests of the child through measures that furnished by him/her or a bondsman, to
will ensure the observance of international guarantee his/her appearance before any
standards of child protection, especially court. Bail may be given in the form of
those to which the Philippines is a party. corporate security, property bond, cash
Proceedings before any authority shall be deposit, or recognizance.
conducted in the best interest of the child (b) "Best Interest of the Child" refers to the
and in a manner which allows the child to totality of the circumstances and conditions
participate and to express himself/herself which are most congenial to the survival,
freely. The participation of children in the protection and feelings of security of the
program and policy formulation and child and most encouraging to the child's
implementation related to juvenile justice physical, psychological and emotional
and welfare shall be ensured by the development. It also means the least
concerned government agency. detrimental available alternative for
(c) The State likewise recognizes the right safeguarding the growth and development
of children to assistance, including proper of the child.
care and nutrition, and special protection (e) "Child" refers to a person under the age
from all forms of neglect, abuse, cruelty of eighteen (18) years.
and exploitation, and other conditions (d) "Child at Risk" refers to a child who is
prejudicial to their development. vulnerable to and at the risk of committing
(d) Pursuant to Article 40 of the United criminal offenses because of personal,
Nations Convention on the Rights of the family and social circumstances, such as,
Child, the State recognizes the right of but not limited to, the following:
every child alleged as, accused of, (1) being abused by any person
adjudged, or recognized as having infringed through sexual, physical,
the penal law to be treated in a manner psychological, mental, economic or
consistent with the promotion of the child's any other means and the parents
sense of dignity and worth, taking into or guardian refuse, are unwilling,
account the child's age and desirability of or unable to provide protection for
promoting his/her reintegration. Whenever the child;
CRIMINAL LAW REVIEWER
for under a structured therapeutic taken into consideration by the court, under
environment with the end view of the principle of restorative justice;
reintegrating them into their families and (k) the right to have restrictions on his/her
communities as socially functioning personal liberty limited to the minimum, 119
individuals. Physical mobility of residents of and where discretion is given by law to the
said centers may be restricted pending judge to determine whether to impose fine
court disposition of the charges against or imprisonment, the imposition of fine
them. being preferred as the more appropriate
(u) "Victimless Crimes" refers to offenses penalty;
where there is no private offended party. (I) in general, the right to automatic
suspension of sentence;
CHAPTER 2 (m) the right to probation as an alternative
PRINCIPLES IN THE ADMINISTRATION OF JUVENILE to imprisonment, if qualified under the
JUSTICE AND WELFARE Probation Law;
(n) the right to be free from liability for
SEC. 5. Rights of the Child in Conflict with the perjury, concealment or misrepresentation;
Law. - Every child in conflict with the law shall have and
the following rights, including but not limited to: (o) other rights as provided for under
(a) the right not to be subjected to torture existing laws, rules and regulations.
or other cruel, inhuman or degrading The State further adopts the provisions of the United
treatment or punishment; Nations Standard Minimum Rules for the
(b) the right not to be imposed a sentence Administration of Juvenile Justice or "Beijing Rules",
of capital punishment or life imprisonment, United Nations Guidelines for the Prevention of
without the possibility of release; Juvenile Delinquency or the "Riyadh Guidelines", and
(c) the right not to be deprived, unlawfully the United Nations Rules for the Protection of
or arbitrarily, of his/her liberty; detention Juveniles Deprived of Liberty.
or imprisonment being a disposition of last
resort, and which shall be for the shortest SEC. 6. Minimum Age of Criminal Responsibility. -
appropriate period of time; A child fifteen (15) years of age or under at the time
(d) the right to be treated with humanity of the commission of the offense shall be exempt
and respect, for the inherent dignity of the from criminal liability. However, the child shall be
person, and in a manner which takes into subjected to an intervention program pursuant to
account the needs of a person of his/her Section 20 of this Act.
age. In particular, a child deprived of A child above fifteen (15) years but below eighteen
liberty shall be separated from adult (18) years of age shall likewise be exempt from
offenders at all times. No child shall be criminal liability and be subjected to an intervention
detained together with adult offenders. program, unless he/she has acted with discernment,
He/She shall be conveyed separately to or in which case, such child shall be subjected to the
from court. He/She shall await hearing of appropriate proceedings in accordance with this Act.
his/her own case in a separate holding The exemption from criminal liability herein
area. A child in conflict with the law shall established does not include exemption from civil
have the right to maintain contact with liability, which shall be enforced in accordance with
his/her family through correspondence and existing laws.
visits, save in exceptional circumstances;
(e) the right to prompt access to legal and SEC. 7. Determination ofAge. - The child in conflict
other appropriate assistance, as well as the with the law shall enjoy the presumption of
right to challenge the legality of the minority. He/She shall enjoy all the rights of a child
deprivation of his/her liberty before a court in conflict with the law until he/she is proven to be
or other competent, independent and eighteen (18) years old or older. The age of a child
impartial authority, and to a prompt may be determined from the child's birth certificate,
decision on such action; baptismal certificate or any other pertinent
(f) the right to bail and recognizance, in documents. In the absence of these documents, age
appropriate cases; may be based on information from the child
(g) the right to testify as a witness in himself/herself, testimonies of other persons, the
hid/her own behalf under the rule on physical appearance of the child and other relevant
examination of a child witness; evidence. In case of doubt as to the age of the child,
(h) the right to have his/her privacy it shall be resolved in his/her favor.
respected fully at all stages of the Any person contesting the age of the child in conflict
proceedings; with the law prior to the filing of the information in
(i) the right to diversion if he/she is any appropriate court may file a case in a summary
qualified and voluntarily avails of the same; proceeding for the determination of age before the
(j) the right to be imposed a judgment in Family Court which shall decide the case within
proportion to the gravity of the offense twenty-four (24) hours from receipt of the
where his/her best interest, the rights of appropriate pleadings of all interested parties.
the victim and the needs of society are all
CRIMINAL LAW REVIEWER
If a case has been fiied against the child in conflict Development shall determine the organizational
with the law and is pending in the appropriate court, structure and staffing pattern of the JJWC.
120 the person shall file a motion to determine the age
of the child in the same court where the case is The JJWC shall coordinate with the Office of the
pending. Pending hearing on the said motion, Court Administrator and the Philippine Judicial
proceedings on the main case shall be suspended. Academy to ensure the realization of its mandate
In all proceedings, law enforcement officers, and the proper discharge of its duties and functions,
prosecutors, judges and other government officials as herein provided.
concerned shall exert all efforts at determining the
age of the child in conflict with the law. SEC. 9. Duties and Functions of the JJWC. - The
JJWC shall have the following duties and functions:
TITLE II (a) To oversee the implementation of this
STRUCTURES IN THE ADMINISTRATION OF JUVENILE Act;
JUSTICE AND WELFARE (b) To advise the President on all matters
and policies relating to juvenile justice and
SEC. 8. Juvenile Justice and Welfare Council welfare;
(JJWC). - A Juvenile Justice and Welfare Council (c) To assist the concerned agencies in the
(JJWC) is hereby created and attached to the review and redrafting of existing
Department of Justice and placed under its policies/regulations or in the formulation of
administrative supervision. The JJWC shall be new ones in line with the provisions of this
chaired by an undersecretary of the Department of Act;
Social Welfare and Development. It shall ensure the (d) To periodically develop a comprehensive
effective implementation of this Act and 3 to 5-year national juvenile intervention
coordination among the following agencies: program, with the participation of
(a) Council for the Welfare of Children government agencies concerned, NGOs and
(CWC); youth organizations;
(b) Department of Education (DepEd); (e) To coordinate the implementation of
(c) Department of the Interior and Local the juvenile intervention programs and
Government (DILG); activities by national government agencies
(d) Public Attorney's Office (PAO); and other activities which may have an
(e) Bureau of Corrections (BUCOR); important bearing on the success of the
(f) Parole and Probation Administration entire national juvenile intervention
(PPA) program. All programs relating to juvenile
(g) National Bureau of Investigation (NBI); justice and welfare shall be adopted in
(h) Philippine National Police (PNP);. consultation with the JJWC;
(i) Bureau of Jail Management and Penology (f) To formulate and recommend policies
(BJMP); and strategies in consultation with children
(i) Commission on Human Rights (CHR); for the prevention of juvenile delinquency
(k) Technical Education and Skills and the administration of justice, as well as
Development Authority (TESDA); for the treatment and rehabilitation of the
(l) National Youth Commission (NYC); and children in conflict with the law;
(m) Other institutions focused on juvenile (g) To collect relevant information and
justice and intervention programs. conduct continuing research and support
evaluations and studies on all matters
The JJWC shall be composed of representatives, relating to juvenile justice and welfare,
whose ranks shall not be lower than director, to be such as but not limited to:
designated by the concerned heads of the following (1) the performance and results
departments or agencies: achieved by juvenile intervention
(a) Department of Justice (DOJ); programs and by activities of the
(b) Department of Social Welfare and local government units and other
Development (DSWD); government agencies;
(c) Council for the Welfare of Children (2) the periodic trends, problems
(CWC) and causes of juvenile delinquency
(d) Department of Education (DepEd); and crimes; and
(e) Department of the Interior and Local (3) the particular needs of children
Government (DILG) in conflict with the law in custody.
(f) Commission on Human Rights (CHR); The data gathered shall be used by the
(g) National Youth Commission (NYC); and JJWC in the improvement of the
(h) Two (2) representatives from NGOs, one administration of juvenile justice and
to be designated by the Secretary of Justice welfare system.
and the other to be designated by the The JJWC shall set up a mechanism to
Secretary of Social Welfare and ensure that children are involved in
Development. research and policy development.
(h) Through duly designated persons and
The JJWC shall convene within fifteen (15) days with the assistance of the agencies provided
from the effectivity of this Act. The Secretary of in the preceding section, to conduct regular
Justice and the Secretary of Social Welfare and inspections in detention and rehabilitation
CRIMINAL LAW REVIEWER
facilities and to undertake spot inspections learning under an alternative learning system with
on their own initiative in order to check basic literacy program or non- formal education
compliance with the standards provided accreditation equivalency system.
herein and to make the necessary 121
recommendations to appropriate agencies; SEC. 14. The Role of the Mass Media. - The mass
(i) To initiate and coordinate the conduct of media shall play an active role in the promotion of
trainings for the personnel of the agencies child rights, and delinquency prevention by relaying
involved in the administration of the consistent messages through a balanced approach.
juvenile justice and welfare system and the Media practitioners shall, therefore, have the duty
juvenile intervention program; to maintain the highest critical and professional
(j) To submit an annual report to the standards in reporting and covering cases of children
President on the implementation of this in conflict with the law. In all publicity concerning
Act; and children, the best interest of the child should be the
(k) To perform such other functions as may primordial and paramount concern. Any undue,
be necessary to implement the provisions of inappropriate and sensationalized publicity of any
this Act. case involving a child in conflict with the law is
hereby declared a violation of the child's rights.
SEC. 10. Policies and Procedures on Juvenile
Justice and Welfare. - All government agencies SEC. 15. Establishment and Strengthening of Local
enumerated in Section 8 shall, with the assistance of Councils for the Protection of Children. - Local
the JJWC and within one (1) year from the Councils for the Protection of Children (LCPC) shall
effectivity of this Act, draft policies and procedures be established in all levels of local government, and
consistent with the standards set in the law. These where they have already been established, they shall
policies and procedures shall be modified be strengthened within one (1) year from the
accordingly in consultation with the JJWC upon the effectivity of this Act. Membership in the LCPC shall
completion of the national juvenile intervention be chosen from among the responsible members of
program as provided under Section 9 (d). the community, including a representative from the
youth sector, as well as representatives from
SEC. 11. Child Rights Center (CRC). - The existing government and private agencies concerned with the
Child Rights Center of the Commission on Human welfare of children.
Rights shall ensure that the status, rights and The local council shall serve as the primary agency
interests of children are upheld in accordance with to coordinate with and assist the LGU concerned for
the Constitution and international instruments on the adoption of a comprehensive plan on
human rights. The CHR shall strengthen the delinquency prevention, and to oversee its proper
monitoring of government compliance of all treaty implementation.
obligations, including the timely and regular One percent (1%) of the internal revenue allotment
submission of reports before the treaty bodies, as of barangays, municipalities and cities shall be
well as the implementation and dissemination of allocated for the strengthening and implementation
recommendations and conclusions by government of the programs of the LCPC: Provided, That the
agencies as well as NGOs and civil society. disbursement of the fund shall be made by the LGU
concerned.
TITLE III
PREVENTION OF JUVENILE DELINQUENCY SEC. 16. Appointment of Local Social Welfare and
CHAPTER 1 Development Officer. - All LGUs shall appoint a duly
THE ROLE OF THE DIFFERENT SECTORS licensed social worker as its local social welfare and
development officer tasked to assist children in
SEC. 12. The Family. - The family shall be conflict with the law.
responsible for the primary nurturing and rearing of
children which is critical in delinquency prevention. SEC. 17. The Sangguniang Kabataan. - The
As far as practicable and in accordance with the Sangguniang Kabataan (SK) shall coordinate with the
procedures of this Act, a child in conflict with the LCPC in the formulation and implementation of
law shall be maintained in his/her family. juvenile intervention and diversion programs in the
community.
SEC. 13. The Educational System. - Educational
institutions shall work together with families, CHAPTER 2
community organizations and agencies in the COMPREHENSIVE JUVENILE INTERVENTION
prevention of juvenile delinquency and in the PROGRAM
rehabilitation and reintegration of child in conflict
with the law. Schools shall provide adequate, SEC. 18. Development of a Comprehensive
necessary and individualized educational schemes Juvenile Intervention Program. - A Comprehensive
for children manifesting difficult behavior and juvenile intervention program covering at least a 3-
children in conflict with the law. In cases where year period shall be instituted in LGUs from the
children in conflict with the law are taken into barangay to the provincial level.
custody or detained in rehabilitation centers, they
should be provided the opportunity to continue
CRIMINAL LAW REVIEWER
The LGUs shall set aside an amount necessary to parents will not comply with the prevention
implement their respective juvenile intervention program, the proper petition for involuntary
122 programs in their annual budget. commitment shall be filed by the DSWD or the Local
The LGUs, in coordination with the LCPC, shall call Social Welfare and Development Office pursuant to
on all sectors concerned, particularly the child- Presidential Decree No. 603, otherwise ,known as
focused institutions, NGOs, people's organizations, "The Child and Youth Welfare Code".
educational institutions and government agencies
involved in delinquency prevention to participate in TITLE V
the planning process and implementation of juvenile JUVENILE JUSTICE AND WELFARE SYSTEM
intervention programs. Such programs shall be CHAPTER I
implemented consistent with the national program INITIAL CONTACT WITH THE CHILD
formulated and designed by the JJWC. The
implementation of the comprehensive juvenile SEC. 21. Procedure for Taking the Child into
intervention program shall be reviewed and assessed Custody. - From the moment a child is taken into
annually by the LGUs in coordination with the LCPC. custody, the law enforcement officer shall:
Results of the assessment shall be submitted by the (a) Explain to the child in simple language
provincial and city governments to the JJWC not and in a dialect that he/she can understand
later than March 30 of every year. why he/she is being placed under custody
and the offense that he/she allegedly
SEC. 19. Community-based Programs on Juvenile committed;
Justice and Welfare. - Community-based programs (b) Inform the child of the reason for such
on juvenile justice and welfare shall be instituted by custody and advise the child of his/her
the LGUs through the LCPC, school, youth constitutional rights in a language or dialect
organizations and other concerned agencies. The understood by him/her;
LGUs shall provide community-based services which (e) Properly identify himself/herself and
respond to the special needs, problems, interests present proper identification to the child;
and concerns of children and which offer appropriate (d) Refrain from using vulgar or profane
counseling and guidance to them and their families. words and from sexually harassing or
These programs shall consist of three levels: abusing, or making sexual advances on the
(a) Primary intervention includes general child in conflict with the law;
measures to promote social justice and (e) Avoid displaying or using any firearm,
equal opportunity, which tackle perceived weapon, handcuffs or other instruments of
root causes of offending; force or restraint, unless absolutely
(b) Secondary intervention includes necessary and only after all other methods
measures to assist children at risk; and of control have been exhausted and have
(c) Tertiary intervention includes measures failed;
to avoid unnecessary contact with the (f) Refrain from subjecting the child in
formal justice system and other measures conflict with the law to greater restraint
to prevent re-offending. than is necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
TITLE IV (h) Determine the age of the child pursuant
TREATMENT OF CHILDREN BELOW THE AGE OF to Section 7 of this Act;
CRIMINAL RESPONSIBILITY (i) Immediately but not later than eight (8)
hours after apprehension, turn over custody
SEC. 20. Children Below the Age of Criminal of the child to the Social Welfare and
Responsibility. - If it has been determined that the Development Office or other accredited
child taken into custody is fifteen (15) years old or NGOs, and notify the child's apprehension.
below, the authority which will have an initial The social welfare and development officer
contact with the child has the duty to immediately shall explain to the child and the child's
release the child to the custody of his/her parents or parents/guardians the consequences of the
guardian, or in the absence thereof, the child's child's act with a view towards counseling
nearest relative. Said authority shall give notice to and rehabilitation, diversion from the
the local social welfare and development officer who criminal justice system, and reparation, if
will determine the appropriate programs in appropriate;
consultation with the child and to the person having (j) Take the child immediately to the
custody over the child. If the parents, guardians or proper medical and health officer for a
nearest relatives cannot be located, or if they refuse thorough physical and mental examination.
to take custody, the child may be released to any of The examination results shall be kept
the following: a duly registered nongovernmental or confidential unless otherwise ordered by
religious organization; a barangay official or a the Family Court. Whenever the medical
member of the Barangay Council for the Protection treatment is required, steps shall be
of Children (BCPC); a local social welfare and immediately undertaken to provide the
development officer; or when and where same;
appropriate, the DSWD. If the child referred to (k) Ensure that should detention of the child
herein has been found by the Local Social Welfare in conflict with the law be necessary, the
and Development Office to be abandoned, neglected child shall be secured in quarters separate
or abused by his parents, or in the event that the
CRIMINAL LAW REVIEWER
from that of the opposite sex and adult (a) Where the imposable penalty for the
offenders; crime committee is not more than six (6)
(l) Record the following in the initial years imprisonment, the law enforcement
investigation: officer or Punong Barangay with the 123
1. Whether handcuffs or other assistance of the local social welfare and
instruments of restraint were used, development officer or other members of
and if so, the reason for such; the LCPC shall conduct mediation, family
2. That the parents or guardian of conferencing and conciliation and, where
a child, the DSWD, and the PA0 appropriate, adopt indigenous modes of
have been informed of the conflict resolution in accordance with the
apprehension and the details best interest of the child with a view to
thereof; and accomplishing the objectives of restorative
3. The exhaustion of measures to justice and the formulation of a diversion
determine the age of a child and program. The child and his/her family shall
the precise details of the physical be present in these activities.
and medical examination or the (b) In victimless crimes where the
failure to submit a child to such imposable penalty is not more than six (6)
examination; and years imprisonment, the local social welfare
(m) Ensure that all statements signed by the and development officer shall meet with
child during investigation shall be witnessed the child and his/her parents or guardians
by the child's parents or guardian, social for the development of the appropriate
worker, or legal counsel in attendance who diversion and rehabilitation program, in
shall affix his/her signature to the said coordination with the BCPC;
statement. (c) Where the imposable penalty for the
A child in conflict with the law shall only be crime committed exceeds six (6) years
searched by a law enforcement officer of the same imprisonment, diversion measures may be
gender and shall not be locked up in a detention resorted to only by the court.
cell.
SEC. 24. Stages Where Diversion May be
SEC. 22. Duties During Initial Investigation. - The Conducted. - Diversion may be conducted at the
law enforcement officer shall, in his/her Katarungang Pambarangay, the police investigation
investigation, determine where the case involving or the inquest or preliminary investigation stage and
the child in conflict with the law should be referred. at all 1evels and phases of the proceedings including
The taking of the statement of the child shall be judicial level.
conducted in the presence of the following: (1)
child's counsel of choice or in the absence thereof, a SEC. 25. Conferencing, Mediation and
lawyer from the Public Attorney's Office; (2) the Conciliation. - A child in conflict with law may
child's parents, guardian, or nearest relative, as the undergo conferencing, mediation or conciliation
case may be; and (3) the local social welfare and outside the criminal justice system or prior to his
development officer. In the absence of the child's entry into said system. A contract of diversion may
parents, guardian, or nearest relative, and the local be entered into during such conferencing, mediation
social welfare and development officer, the or conciliation proceedings.
investigation shall be conducted in the presence of a
representative of an NGO, religious group, or SEC. 26. Contract of Diversion. - If during the
member of the BCPC. conferencing, mediation or conciliation, the child
After the initial investigation, the local social worker voluntarily admits the commission of the act, a
conducting the same may do either of the following: diversion program shall be developed when
(a) Proceed in accordance with Section 20 if appropriate and desirable as determined under
the child is fifteen (15) years or below or Section 30. Such admission shall not be used against
above fifteen (15) but below eighteen (18) the child in any subsequent judicial, quasi-judicial or
years old, who acted without discernment; administrative proceedings. The diversion program
and shall be effective and binding if accepted by the
(b) If the child is above fifteen (15) years parties concerned. The acceptance shall be in
old but below eighteen (18) and who acted writing and signed by the parties concerned and the
with discernment, proceed to diversion appropriate authorities. The local social welfare and
under the following chapter. development officer shall supervise the
implementation of the diversion program. The
CHAPTER 2 diversion proceedings shall be completed within
DIVERSION forty-five (45) days. The period of prescription of
the offense shall be suspended until the completion
SEC. 23. System of Diversion. - Children in conflict of the diversion proceedings but not to exceed forty-
with the law shall undergo diversion programs five (45) days.
without undergoing court proceedings subject to the The child shall present himself/herself to the
conditions herein provided: competent authorities that imposed the diversion
CRIMINAL LAW REVIEWER
program at least once a month for reporting and (a) The child's feelings of remorse for the
evaluation of the effectiveness of the program. offense he/she committed;
124 Failure to comply with the terms and conditions of (b) The parents' or legal guardians' ability to
the contract of diversion, as certified by the local guide and supervise the child;
social welfare and development officer, shall give (c) The victim's view about the propriety of
the offended party the option to institute the the measures to be imposed; and
appropriate legal action. (d) The availability of community-based
The period of prescription of the offense shall be programs for rehabilitation and
suspended during the effectivity of the diversion reintegration of the child.
program, but not exceeding a period of two (2)
years. SEC. 31. Kinds of Diversion Programs. - The
diversion program shall include adequate socio-
SEC. 27. Duty of the Punong Barangay When There cultural and psychological responses and services for
is No Diversion. - If the offense does not fall under the child. At the different stages where diversion
Section 23(a) and (b), or if the child, his/her parents may be resorted to, the following diversion programs
or guardian does not consent to a diversion, the may be agreed upon, such as, but not limited to:
Punong Barangay handling the case shall, within (a) At the level of the Punong Barangay:
three (3) days from determination of the absence of (1) Restitution of property;
jurisdiction over the case or termination of the (2) Reparation of the damage
diversion proceedings, as the case may be, forward caused;
the records of the case of the child to the law (3) Indemnification for
enforcement officer, prosecutor or the appropriate consequential damages;
court, as the case may be. Upon the issuance of the (4) Written or oral apology;
corresponding document, certifying to the fact that (5) Care, guidance and supervision
no agreement has been reached by the parties, the orders;
case shall be filed according to the regular process. (6) Counseling for the child in
conflict with the law and the
SEC. 28. Duty of the Law Enforcement Officer child's family;
When There is No Diversion. - If the offense does (7)Attendance in trainings,
not fall under Section 23(a) and (b), or if the child, seminars and lectures on:
his/her parents or guardian does not consent to a (i) anger management
diversion, the Women and Children Protection Desk skills;
of the PNP, or other law enforcement officer (ii) problem solving
handling the case of the child under custody, to the and/or conflict resolution
prosecutor or judge concerned for the conduct of skills;
inquest and/or preliminary investigation to (iii) values formation; and
determine whether or not the child should remain (iv) other skills which will
under custody and correspondingly charged in court. aid the child in dealing
The document transmitting said records shall display with situations which can
the word "CHILD" in bold letters. lead to repetition of the
offense;
SEC. 29. Factors in Determining Diversion (8) Participation in available
Program. - In determining whether diversion is community-based programs,
appropriate and desirable, the following factors shall including community service; or
be taken into consideration: (9) Participation in education,
(a) The nature and circumstances of the vocation and life skills programs.
offense charged; (b) At the level of the law enforcement
(b) The frequency and the severity of the officer and the prosecutor:
act; (1) Diversion programs specified
(c) The circumstances of the child (e.g. under paragraphs (a)(1) to (a)(9)
age, maturity, intelligence, etc.); herein; and
(d) The influence of the family and (2) Confiscation and forfeiture of
environment on the growth of the child; the proceeds or instruments of the
(e) The reparation of injury to the victim; crime;
(f) The weight of the evidence against the (c) At the level of the appropriate court:
child; (1) Diversion programs specified
(g) The safety of the community; and under paragraphs(a)and (b) above;
(h) The best interest of the child. (2) Written or oral reprimand or
citation;
SEC. 30. Formulation of the Diversion Program. - (3) Fine:
In formulating a diversion program, the individual (4) Payment of the cost of the
characteristics and the peculiar circumstances of the proceedings; or
child in conflict with the law shall be used to (5) Institutional care and custody.
formulate an individualized treatment.
The following factors shall be considered in CHAPTER 3
formulating a diversion program for the child: PROSECUTION
CRIMINAL LAW REVIEWER
SEC. 32. Duty of the Prosecutor's Office. - There Family Courts Act, in the city or municipality where
shall be a specially trained prosecutor to conduct the child resides.
inquest, preliminary investigation and prosecution of In the absence of a youth detention home, the child
cases involving a child in conflict with the law. If in conflict with the law may be committed to the 125
there is an allegation of torture or ill-treatment of a care of the DSWD or a local rehabilitation center
child in conflict with the law during arrest or recognized by the government in the province, city
detention, it shall be the duty of the prosecutor to or municipality within the jurisdiction of the court.
investigate the same. The center or agency concerned shall be responsible
for the child's appearance in court whenever
SEC. 33. Preliminary Investigation and Filing of required.
Information. - The prosecutor shall conduct a
preliminary investigation in the following instances: SEC. 37. Diversion Measures. - Where the maximum
(a) when the child in conflict with the law does not penalty imposed by law for the offense with which
qualify for diversion: (b) when the child, his/her the child in conflict with the law is charged is
parents or guardian does not agree to diversion as imprisonment of not more than twelve (12) years,
specified in Sections 27 and 28; and (c) when regardless of the fine or fine alone regardless of the
considering the assessment and recommendation of amount, and before arraignment of the child in
the social worker, the prosecutor determines that conflict with the law, the court shall determine
diversion is not appropriate for the child in conflict whether or not diversion is appropriate.
with the law.
Upon serving the subpoena and the affidavit of SEC. 38. Automatic Suspension of Sentence. - Once
complaint, the prosecutor shall notify the Public the child who is under eighteen (18) years of age at
Attorney's Office of such service, as well as the the time of the commission of the offense is found
personal information, and place of detention of the guilty of the offense charged, the court shall
child in conflict with the law. determine and ascertain any civil liability which may
Upon determination of probable cause by the have resulted from the offense committed.
prosecutor, the information against the child shall However, instead of pronouncing the judgment of
be filed before the Family Court within forty-five conviction, the court shall place the child in conflict
(45) days from the start of the preliminary with the law under suspended sentence, without
investigation. need of application: Provided, however, That
suspension of sentence shall still be applied even if
CHAPTER 4 the juvenile is already eighteen years (18) of age or
COURT PROCEEDINGS more at the time of the pronouncement of his/her
guilt.
SEC. 34. Bail. - For purposes of recommending the Upon suspension of sentence and after considering
amount of bail, the privileged mitigating the various chcumstances of the child, the court
circumstance of minority shall be considered. shall impose the appropriate disposition measures as
provided in the Supreme Court Rule on Juveniles in
SEC. 35. Release on Recognizance. - Where a child Conflict with the Law.
is detained, the court shall order:
(a) the release of the minor on SEC. 39. Discharge of the Child in Conflict with
recognizance to his/her parents and other the Law. - Upon the recommendation of the social
suitable person; worker who has custody of the child, the court shall
(b) the release of the child in conflict with dismiss the case against the child whose sentence
the law on bail; or has been suspended and against whom disposition
(c) the transfer of the minor to a youth measures have been issued, and shall order the final
detention home/youth rehabilitation discharge of the child if it finds that the objective of
center. the disposition measures have been fulfilled.
The court shall not order the detention of a child in The discharge of the child in conflict with the law
a jail pending trial or hearing of his/her case. shall not affect the civil liability resulting from the
commission of the offense, which shall be enforced
SEC. 36. Detention of the Child Pending Trial. - in accordance with law.
Children detained pending trial may be released on SEC. 40. Return of the Child in Conflict with the
bail or recognizance as provided for under Sections Law to Court. - If the court finds that the objective
34 and 35 under this Act. In all other cases and of the disposition measures imposed upon the child
whenever possible, detention pending trial may be in conflict with the law have not been fulfilled, or if
replaced by alternative measures, such as close the child in conflict with the law has willfully failed
supervision, intensive care or placement with a to comply with the conditions of his/her disposition
family or in an educational setting or home. or rehabilitation program, the child in conflict with
Institutionalization or detention of the child pending the law shall be brought before the court for
trial shall be used only as a measure of last resort execution of judgment.
and for the shortest possible period of time. If said child in conflict with the law has reached
Whenever detention is necessary, a child will always eighteen (18) years of age while under suspended
be detained in youth detention homes established by sentence, the court shall determine whether to
local governments, pursuant to Section 8 of the discharge the child in accordance with this Act, to
CRIMINAL LAW REVIEWER
order execution of sentence, or to extend the SEC. 45. Court Order Required. - No child shall be
suspended sentence for a certain specified period or received in any rehabilitation or training facility
126 until the child reaches the maximum age of twenty- without a valid order issued by the court after a
one (21) years. hearing for the purpose. The details of this order
SEC. 41. Credit in Service of Sentence. - The child shall be immediately entered in a register
in conflict with the law shall be credited in the exclusively for children in conflict with the law. No
services of his/her sentence with the full time spent child shall be admitted in any facility where there is
in actual commitment and detention under this Act. no such register.
SEC. 42. Probation as an Alternative to
Imprisonment. - The court may, after it shall have SEC. 46, Separate Facilities from Adults. - In all
convicted and sentenced a child in conflict with the rehabilitation or training facilities, it shall be
law, and upon application at any time, place the mandatory that children shall be separated from
child on probation in lieu of service of his/her adults unless they are members of the same family.
sentence taking into account the best interest of the Under no other circumstance shall a child in conflict
child. For this purpose, Section 4 of Presidential with the law be placed in the same confinement as
Decree No. 968, otherwise known as the "Probation adults.
Law of 1976", is hereby amended accordingly. The rehabilitation, training or confinement area of
children in conflict with the law shall provide a
CHAPTER 5 home environment where children in conflict with
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS the law can be provided with quality counseling and
treatment.
SEC. 43. Confedentiality of Records and
Proceedings. - All records and proceedings involving SEC. 47. Female Children. - Female children in
children in conflict with the law from initial contact conflict with the law placed in an institution shall be
until final disposition of the case shall be considered given special attention as to their personal needs
privileged and confidential. The public shall be and problems. They shall be handled by female
excluded during the proceedings and the records doctors, correction officers and social workers, and
shall not be disclosed directly or indirectly to anyone shall be accommodated separately from male
by any of the parties or the participants in the children in conflict with the law.
proceedings for any purpose whatsoever, except to
determine if the child in conflict with the law may SEC. 48. Gender-Sensitivity Training. - No
have his/hes sentence suspended or if he/she may personnel of rehabilitation and training facilities
be granted probation under the Probation Law, or to shall handle children in conflict with the law without
enforce the civil liability imposed in the criminal having undergone gender sensitivity training.
action.
The component authorities shall undertake all SEC. 49. Establishment of Youth Detention
measures to protect this confidentiality of Homes. - The LGUs shall set aside an amount to
proceedings, including non-disclosure of records to build youth detention homes as mandated by the
the media, maintaining a separate police blotter for Family Courts Act. Youth detention homes may also
cases involving children in conflict with the law and be established by private and NGOs licensed and
adopting a system of coding to conceal material accredited by the DSWD, in consultation with the
information which will lead to the child's identity. JJWC.
Records of a child in conflict with the law shall not
be used in subsequent proceedings for cases SEC. 50. Care and Maintenance of the Child in
involving the same offender as an adult, except Conflict with the Law. - The expenses for the care
when beneficial for the offender and upon his/her and maintenance of a child in conflict with the law
written consent. under institutional care shall be borne by his/her
A person who has been in conflict with the law as a parents or those persons liable to support him/her:
child shall not be held under any provision of law, to Provided, That in case his/her parents or those
be guilty of perjury or of concealment or persons liable to support him/her cannot pay all or
misrepresentation by reason of his/her failure to part of said expenses, the municipality where the
acknowledge the case or recite any fact related offense was committed shall pay one-third (1/3) of
thereto in response to any inquiry made to him/her said expenses or part thereof; the province to which
for any purpose. the municipality belongs shall pay one-third (1/3)
and the remaining one-third (1/3) shall be borne by
TITLE VI the national government. Chartered cities shall pay
REHABILITATION AND REINTEGRATION two-thirds (2/3) of said expenses; and in case a
chartered city cannot pay said expenses, part of the
SEC. 44. Objective of Rehabilitation and internal revenue allotments applicable to the unpaid
Reintegration. - The objective of rehabilitation and portion shall be withheld and applied to the
reintegration of children in conflict with the law is settlement of said obligations: Provided, further,
to provide them with interventions, approaches and That in the event that the child in conflict with the
strategies that will enable them to improve their law is not a resident of the municipality/city where
social functioning with the end goal of reintegration the offense was committed, the court, upon its
to their families and as productive members of their determination, may require the city/municipality
communities. where the child in conflict with the law resides to
shoulder the cost.
CRIMINAL LAW REVIEWER
All city and provincial governments must exert effort final report will be forwarded to the court for final
for the immediate establishment of local detention disposition of the case. The DSWD shall establish
homes for children in conflict with the law. youth rehabilitation centers in each region of the
country. 127
SEC. 51. Confinement of Convicted Children in
Agricultural Camps and other Training Facilities. SEC. 54. Objectives of Community Based
- A child Programs. - The objectives of community-based
in conflict with the law may, after conviction and programs are as follows:
upon order of the court, be made to serve his/her (a) Prevent disruption in the education or
sentence, in lieu of confinement in a regular penal means of livelihood of the child in conflict
institution, in an agricultural camp and other with the law in case he/she is studying,
training facilities that may be established, working or attending vocational learning
maintained, supervised and controlled by the institutions;
BUCOR, in coordination with the DSWD. (b) Prevent separation of the child in
conflict with the law from his/her
SEC. 52. Rehabilitation of Children in Conflict parents/guardians to maintain the support
with the Law. - Children in conflict with the law, system fostered by their relationship and to
whose sentences are suspended may, upon order of create greater awareness of their mutual
the court, undergo any or a combination of and reciprocal responsibilities;
disposition measures best suited to the rehabilitation (c) Facilitate the rehabilitation and
and welfare of the child as provided in the Supreme mainstreaming of the child in conflict with
Court Rule on Juveniles in Conflict with the Law. the law and encourage community support
If the community-based rehabilitation is availed of and involvement; and
by a child in conflict with the law, he/she shall be (d) Minimize the stigma that attaches to the
released to parents, guardians, relatives or any child in conflict with the law by preventing
other responsible person in the community. Under jail detention.
the supervision and guidance of the local social
welfare and development officer, and in SEC. 55. Criteria of Community-Based Programs. -
coordination with his/her parents/guardian, the Every LGU shall establish community-based programs
child in conflict with the law shall participate in that will focus on the rehabilitation and
community-based programs, which shall include, but reintegration of the child. All programs shall meet
not limited to: the criteria to be established by the JJWC which
(1) Competency and life skills development; shall take into account the purpose of the program,
(2) Socio-cultural and recreational the need for the consent of the child and his/her
activities; parents or legal guardians, and the participation of
(3) Community volunteer projects; the child-centered agencies whether public or
(4) Leadership training; private.
(5) Social services; SEC. 56. After-Care Support Services for Children
(6) Homelife services; in Conflict with the Law. - Children in conflict with
(7) Health services; . the law whose cases have been dismissed by the
(8) Spiritual enrichment; and proper court because of good behavior as per
(9) Community and family welfare services. recommendation of the DSWD social worker and/or
In accordance therewith, the family of the child in any accredited NGO youth rehabilitation center shall
conflict with the law shall endeavor to actively be provided after-care services by the local social
participate in the community-based rehabilitation. welfare and development officer for a period of at
Based on the progress of the youth in the least six (6) months. The service includes counseling
community, a final report will be forwarded by the and other community-based services designed to
local social welfare and development officer to the facilitate social reintegration, prevent re-offending
court for final disposition of the case. and make the children productive members of the
If the community-based programs are provided as community.
diversion measures under Chapter II, Title V, the
programs enumerated above shall be made available TITLE VII
to the child in conflict with the law. GENERAL PROVISIONS
CHAPTER 1
SEC. 53. Youth Rehabilitation Center. - The youth EXEMPTING PROVISIONS
rehabilitation center shall provide 24-hour group
care, treatment and rehabilitation services under SEC. 57. Status Offenees. - Any conduct not
the guidance of a trained staff where residents are considered an offense or not penalized if committed
cared for under a structured therapeutic by an adult shall not be considered an offense and
environment with the end view of reintegrating shall not be punished if committed by a child.
them in their families and communities as socially
functioning individuals. A quarterly report shall be SEC. 58. Offenses Not Applicable to Children. -
submitted by the center to the proper court on the Persons below eighteen (18) years of age shall be
progress of the children in conflict with the law. exempt from prosecution for the crime of vagrancy
Based on the progress of the youth in the center, a and prostitution under Section 202 of the Revised
CRIMINAL LAW REVIEWER
Penal Code, of mendicancy under Presidential discretion of the court, unless a higher penalty is
Decree No. 1563, and sniffing of rugby under provided for in the Revised Penal Code or special
128 Presidential Decree No. 1619, such prosecution being laws. If the offender is a public officer or employee,
inconsistent with the United Nations Convention on he/she shall, in addition to such fine and/or
the Rights of the Child: Provided, That said persons imprisonment, be held administratively liable and
shall undergo appropriate counseling and treatment shall suffer the penalty of perpetual absolute
program. disqualification.
SEC. 62. Violation of the Provisions of this Act or SEC. 67. Children Who Reach the Age of Eighteen
Rules or Regulations in General. - Any person who (18) Years Pending Diversion and Court
violates any provision of this Act or any rule or Proceedings. - If a child reaches the age of eighteen
regulation promulgated in accordance thereof shall, (18) years pending diversion and court proceedings,
upon conviction for each act or omission, be the appropriate diversion authority in consultation
punished by a fine of not less than Twenty thousand with the local social welfare and development
pesos (P20,000.00) but not more than Fifty thousand officer or the Family Court in consultation with the
pesos (P50,000.00) or suffer imprisonment of not less Social Services and Counseling Division (SSCD) of the
than eight (8) years but not more than ten (10) Supreme Court, as the case may be, shall determine
years, or both such fine and imprisonment at the the appropriate disposition. In case the appropriate
CRIMINAL LAW REVIEWER
court executes the judgment of conviction, and REPUBLIC ACT NO. 9165
unless the child in conflict the law has already
availed of probation under Presidential Decree No. June 7, 2002
603 or other similar laws, the child may apply for 129
probation if qualified under the provisions of the AN ACT INSTITUTING THE COMPREHENSIVE
Probation Law. DANGEROUS DRUGS ACT OF 2002, REPEALING
REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS
SEC. 68. Children Who Have Been Convicted and THE DANGEROUS DRUGS ACT OF 1972, AS
are Serving Sentence. - Persons who have been AMENDED, PROVIDING FUNDS THEREFOR, AND FOR
convicted and are serving sentence at the time of OTHER PURPOSES
the effectivity of this Act, and who were below the
Be it enacted by the Senate and House of
age of eighteen (18) years at the time the
Representatives of the Philippines in Congress
commission of the offense for which they were
convicted and are serving sentence, shall likewise
benefit from the retroactive application of this Act. Section 1. Short Title. – This Act shall be known and
They shall be entitled to appropriate dispositions cited as the "Comprehensive Dangerous Drugs Act of
provided under this Act and their sentences shall be 2002".
adjusted accordingly. They shall be immediately
released if they are so qualified under this Act or Section 2. Declaration of Policy. – It is the policy of
other applicable law. the State to safeguard the integrity of its territory
and the well-being of its citizenry particularly the
TITLE IX youth, from the harmful effects of dangerous drugs
on their physical and mental well-being, and to
FINAL PROVISIONS
defend the same against acts or omissions
detrimental to their development and preservation.
SEC. 69. Rule Making Power. - The JJWC shall issue
the IRRs for the implementation of the provisions of In view of the foregoing, the State needs to enhance
this act within ninety (90) days from the effectivity further the efficacy of the law against dangerous
thereof. drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an
SEC. 70. Separability Clause. - If, for any reason, intensive and unrelenting campaign against the
any section or provision of this Act is declared trafficking and use of dangerous drugs and other
unconstitutional or invalid by the Supreme Court, similar substances through an integrated system of
the other sections or provisions hereof not dfected planning, implementation and enforcement of anti-
by such declaration shall remain in force and effect. drug abuse policies, programs, and projects. The
government shall however aim to achieve a balance
in the national drug control program so that people
SEC. 71. Repealing Clause. - All existing laws,
with legitimate medical needs are not prevented
orders, decrees, rules and regulations or parts
thereof inconsistent with the provisions of this Act from being treated with adequate amounts of
are hereby repealed or modified accordingly. appropriate medications, which include the use of
dangerous drugs.
SEC. 72. Effectivity. - This Act shall take effect It is further declared the policy of the State to
after fifteen (15) days from its publication in at least provide effective mechanisms or measures to re-
two (2) national newspapers of general circulation. integrate into society individuals who have fallen
victims to drug abuse or dangerous drug dependence
through sustainable programs of treatment and
rehabilitation.
ARTICLE I
Definition of terms
(d) Chemical Diversion. – The sale, distribution, intention of committing any offense prescribed
supply or transport of legitimately imported, in- under this Act.
130 transit, manufactured or procured controlled (p) Employee of Den, Dive or Resort. – The
precursors and essential chemicals, in diluted, caretaker, helper, watchman, lookout, and other
mixtures or in concentrated form, to any person or persons working in the den, dive or resort, employed
entity engaged in the manufacture of any dangerous by the maintainer, owner and/or operator where any
drug, and shall include packaging, repackaging, dangerous drug and/or controlled precursor and
labeling, relabeling or concealment of such essential chemical is administered, delivered,
transaction through fraud, destruction of distributed, sold or used, with or without
documents, fraudulent use of permits, compensation, in connection with the operation
misdeclaration, use of front companies or mail thereof.
fraud. (q) Financier. – Any person who pays for, raises or
(e) Clandestine Laboratory. – Any facility used for supplies money for, or underwrites any of the illegal
the illegal manufacture of any dangerous drug activities prescribed under this Act.
and/or controlled precursor and essential chemical. (r) Illegal Trafficking. – The illegal cultivation,
(f) Confirmatory Test. – An analytical test using a culture, delivery, administration, dispensation,
device, tool or equipment with a different chemical manufacture, sale, trading, transportation,
or physical principle that is more specific which will distribution, importation, exportation and possession
validate and confirm the result of the screening test. of any dangerous drug and/or controlled precursor
(g) Controlled Delivery. – The investigative technique and essential chemical.
of allowing an unlawful or suspect consignment of (s) Instrument. – Any thing that is used in or
any dangerous drug and/or controlled precursor and intended to be used in any manner in the
essential chemical, equipment or paraphernalia, or commission of illegal drug trafficking or related
property believed to be derived directly or indirectly offenses.
from any offense, to pass into, through or out of the (t) Laboratory Equipment. – The paraphernalia,
country under the supervision of an authorized apparatus, materials or appliances when used,
officer, with a view to gathering evidence to identify intended for use or designed for use in the
any person involved in any dangerous drugs related manufacture of any dangerous drug and/or
offense, or to facilitate prosecution of that offense. controlled precursor and essential chemical, such as
(h) Controlled Precursors and Essential Chemicals. – reaction vessel, preparative/purifying equipment,
Include those listed in Tables I and II of the 1988 UN fermentors, separatory funnel, flask, heating
Convention Against Illicit Traffic in Narcotic Drugs mantle, gas generator, or their substitute.
and Psychotropic Substances as enumerated in the (u) Manufacture. – The production, preparation,
attached annex, which is an integral part of this Act. compounding or processing of any dangerous drug
(i) Cultivate or Culture. – Any act of knowingly and/or controlled precursor and essential chemical,
planting, growing, raising, or permitting the either directly or indirectly or by extraction from
planting, growing or raising of any plant which is the substances of natural origin, or independently by
source of a dangerous drug. means of chemical synthesis or by a combination of
(j) Dangerous Drugs. – Include those listed in the extraction and chemical synthesis, and shall include
Schedules annexed to the 1961 Single Convention on any packaging or repackaging of such substances,
Narcotic Drugs, as amended by the 1972 Protocol, design or configuration of its form, or labeling or
and in the Schedules annexed to the 1971 Single relabeling of its container; except that such terms
Convention on Psychotropic Substances as do not include the preparation, compounding,
enumerated in the attached annex which is an packaging or labeling of a drug or other substances
integral part of this Act. by a duly authorized practitioner as an incident to
(k) Deliver. – Any act of knowingly passing a his/her administration or dispensation of such drug
dangerous drug to another, personally or otherwise, or substance in the course of his/her professional
and by any means, with or without consideration. practice including research, teaching and chemical
(l) Den, Dive or Resort. – A place where any analysis of dangerous drugs or such substances that
dangerous drug and/or controlled precursor and are not intended for sale or for any other purpose.
essential chemical is administered, delivered, stored (v) Cannabis or commonly known as "Marijuana" or
for illegal purposes, distributed, sold or used in any "Indian Hemp" or by its any other name. – Embraces
form. every kind, class, genus, or specie of the plant
(m) Dispense. – Any act of giving away, selling or Cannabis sativa L. including, but not limited to,
distributing medicine or any dangerous drug with or Cannabis americana, hashish, bhang, guaza, churrus
without the use of prescription. and ganjab, and embraces every kind, class and
(n) Drug Dependence. – As based on the World character of marijuana, whether dried or fresh and
Health Organization definition, it is a cluster of flowering, flowering or fruiting tops, or any part or
physiological, behavioral and cognitive phenomena portion of the plant and seeds thereof, and all its
of variable intensity, in which the use of geographic varieties, whether as a reefer, resin,
psychoactive drug takes on a high priority thereby extract, tincture or in any form whatsoever.
involving, among others, a strong desire or a sense (w) Methylenedioxymethamphetamine (MDMA) or
of compulsion to take the substance and the commonly known as "Ecstasy", or by its any other
difficulties in controlling substance-taking behavior name. – Refers to the drug having such chemical
in terms of its onset, termination, or levels of use. composition, including any of its isomers or
(o) Drug Syndicate. – Any organized group of two (2) derivatives in any form.
or more persons forming or joining together with the
CRIMINAL LAW REVIEWER
(x) Methamphetamine Hydrochloride or commonly (hh) Screening Test. – A rapid test performed to
known as "Shabu", "Ice", "Meth", or by its any other establish potential/presumptive positive result.
name. – Refers to the drug having such chemical (ii) Sell. – Any act of giving away any dangerous drug
composition, including any of its isomers or and/or controlled precursor and essential chemical 131
derivatives in any form. whether for money or any other consideration.
(y) Opium. – Refers to the coagulated juice of the (jj) Trading. – Transactions involving the illegal
opium poppy (Papaver somniferum L.) and embraces trafficking of dangerous drugs and/or controlled
every kind, class and character of opium, whether precursors and essential chemicals using electronic
crude or prepared; the ashes or refuse of the same; devices such as, but not limited to, text messages,
narcotic preparations thereof or therefrom; email, mobile or landlines, two-way radios, internet,
morphine or any alkaloid of opium; preparations in instant messengers and chat rooms or acting as a
which opium, morphine or any alkaloid of opium broker in any of such transactions whether for
enters as an ingredient; opium poppy; opium poppy money or any other consideration in violation of this
straw; and leaves or wrappings of opium leaves, Act.
whether prepared for use or not. (kk) Use. – Any act of injecting, intravenously or
(z) Opium Poppy. – Refers to any part of the plant of intramuscularly, of consuming, either by chewing,
the species Papaver somniferum L., Papaver smoking, sniffing, eating, swallowing, drinking or
setigerum DC, Papaver orientale, Papaver otherwise introducing into the physiological system
bracteatum and Papaver rhoeas, which includes the of the body, and of the dangerous drugs.
seeds, straws, branches, leaves or any part thereof,
or substances derived therefrom, even for floral, ARTICLE II
decorative and culinary purposes. Unlawful Acts and Penalties
(aa) PDEA. – Refers to the Philippine Drug
Enforcement Agency under Section 82, Article IX of Section 4. Importation of Dangerous Drugs and/or
this Act. Controlled Precursors and Essential Chemicals.- .The
(bb) Person. – Any entity, natural or juridical, penalty of life imprisonment to death and a ranging
including among others, a corporation, partnership, from Five hundred thousand pesos (P500,000.00) to
trust or estate, joint stock company, association, Ten million pesos (P10,000,000.00) shall be imposed
syndicate, joint venture or other unincorporated upon any person, who, unless authorized by law,
organization or group capable of acquiring rights or shall import or bring into the Philippines any
entering into obligations. dangerous drug, regardless of the quantity and
(cc) Planting of Evidence. – The willful act by any purity involved, including any and all species of
person of maliciously and surreptitiously inserting, opium poppy or any part thereof or substances
placing, adding or attaching directly or indirectly, derived therefrom even for floral, decorative and
through any overt or covert act, whatever quantity culinary purposes.
of any dangerous drug and/or controlled precursor The penalty of imprisonment ranging from twelve
and essential chemical in the person, house, effects (12) years and one (1) day to twenty (20) years and a
or in the immediate vicinity of an innocent individual fine ranging from One hundred thousand pesos
for the purpose of implicating, incriminating or (P100,000.00) to Five hundred thousand pesos
imputing the commission of any violation of this Act. (P500,000.00) shall be imposed upon any person,
(dd) Practitioner. – Any person who is a licensed who, unless authorized by law, shall import any
physician, dentist, chemist, medical technologist, controlled precursor and essential chemical.
nurse, midwife, veterinarian or pharmacist in the The maximum penalty provided for under this
Philippines. Section shall be imposed upon any person, who,
(ee) Protector/Coddler. – Any person who knowingly unless authorized under this Act, shall import or
and willfully consents to the unlawful acts provided bring into the Philippines any dangerous drug and/or
for in this Act and uses his/her influence, power or controlled precursor and essential chemical through
position in shielding, harboring, screening or the use of a diplomatic passport, diplomatic
facilitating the escape of any person he/she knows, facilities or any other means involving his/her
or has reasonable grounds to believe on or suspects, official status intended to facilitate the unlawful
has violated the provisions of this Act in order to entry of the same. In addition, the diplomatic
prevent the arrest, prosecution and conviction of the passport shall be confiscated and canceled.
violator. The maximum penalty provided for under this
(ff) Pusher. – Any person who sells, trades, Section shall be imposed upon any person, who
administers, dispenses, delivers or gives away to organizes, manages or acts as a "financier" of any of
another, on any terms whatsoever, or distributes, the illegal activities prescribed in this Section.
dispatches in transit or transports dangerous drugs or The penalty of twelve (12) years and one (1) day to
who acts as a broker in any of such transactions, in twenty (20) years of imprisonment and a fine ranging
violation of this Act. from One hundred thousand pesos (P100,000.00) to
(gg) School. – Any educational institution, private or Five hundred thousand pesos (P500,000.00) shall be
public, undertaking educational operation for imposed upon any person, who acts as a
pupils/students pursuing certain studies at defined "protector/coddler" of any violator of the provisions
levels, receiving instructions from teachers, usually under this Section.
located in a building or a group of buildings in a
particular physical or cyber site.
CRIMINAL LAW REVIEWER
Section 5. Sale, Trading, Administration, (P500,000.00) shall be imposed upon any person or
Dispensation, Delivery, Distribution and group of persons who shall maintain a den, dive, or
132 Transportation of Dangerous Drugs and/or resort where any controlled precursor and essential
Controlled Precursors and Essential Chemicals. - The chemical is used or sold in any form.
penalty of life imprisonment to death and a fine The maximum penalty provided for under this
ranging from Five hundred thousand pesos Section shall be imposed in every case where any
(P500,000.00) to Ten million pesos (P10,000,000.00) dangerous drug is administered, delivered or sold to
shall be imposed upon any person, who, unless a minor who is allowed to use the same in such a
authorized by law, shall sell, trade, administer, place.
dispense, deliver, give away to another, distribute Should any dangerous drug be the proximate cause
dispatch in transit or transport any dangerous drug, of the death of a person using the same in such den,
including any and all species of opium poppy dive or resort, the penalty of death and a fine
regardless of the quantity and purity involved, or ranging from One million (P1,000,000.00) to Fifteen
shall act as a broker in any of such transactions. million pesos (P500,000.00) shall be imposed on the
The penalty of imprisonment ranging from twelve maintainer, owner and/or operator.
(12) years and one (1) day to twenty (20) years and a If such den, dive or resort is owned by a third
fine ranging from One hundred thousand pesos person, the same shall be confiscated and escheated
(P100,000.00) to Five hundred thousand pesos in favor of the government: Provided, That the
(P500,000.00) shall be imposed upon any person, criminal complaint shall specifically allege that such
who, unless authorized by law, shall sell, trade, place is intentionally used in the furtherance of the
administer, dispense, deliver, give away to another, crime: Provided, further, That the prosecution shall
distribute, dispatch in transit or transport any prove such intent on the part of the owner to use
controlled precursor and essential chemical, or shall the property for such purpose: Provided, finally,
act as a broker in such transactions. That the owner shall be included as an accused in
If the sale, trading, administration, dispensation, the criminal complaint.
delivery, distribution or transportation of any The maximum penalty provided for under this
dangerous drug and/or controlled precursor and Section shall be imposed upon any person who
essential chemical transpires within one hundred organizes, manages or acts as a "financier" of any of
(100) meters from the school, the maximum penalty the illegal activities prescribed in this Section.
shall be imposed in every case. The penalty twelve (12) years and one (1) day to
For drug pushers who use minors or mentally twenty (20) years of imprisonment and a fine ranging
incapacitated individuals as runners, couriers and from One hundred thousand pesos (P100,000.00) to
messengers, or in any other capacity directly Five hundred thousand pesos (P500,000.00) shall be
connected to the dangerous drugs and/or controlled imposed upon any person, who acts as a
precursors and essential chemical trade, the "protector/coddler" of any violator of the provisions
maximum penalty shall be imposed in every case. under this Section.
If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous drug Section 7. Employees and Visitors of a Den, Dive or
and/or a controlled precursor and essential chemical Resort. - The penalty of imprisonment ranging from
involved in any offense herein provided be the twelve (12) years and one (1) day to twenty (20)
proximate cause of death of a victim thereof, the years and a fine ranging from One hundred thousand
maximum penalty provided for under this Section pesos (P100,000.00) to Five hundred thousand pesos
shall be imposed. (P500,000.00) shall be imposed upon:
The maximum penalty provided for under this (a) Any employee of a den, dive or resort,
Section shall be imposed upon any person who who is aware of the nature of the place as
organizes, manages or acts as a "financier" of any of such; and
the illegal activities prescribed in this Section. (b) Any person who, not being included in
The penalty of twelve (12) years and one (1) day to the provisions of the next preceding,
twenty (20) years of imprisonment and a fine ranging paragraph, is aware of the nature of the
from One hundred thousand pesos (P100,000.00) to place as such and shall knowingly visit the
Five hundred thousand pesos (P500,000.00) shall be same
imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions Section 8. Manufacture of Dangerous Drugs and/or
under this Section. Controlled Precursors and Essential Chemicals. - The
penalty of life imprisonment to death and a fine
Section 6. Maintenance of a Den, Dive or Resort. - ranging Five hundred thousand pesos (P500,000.00)
The penalty of life imprisonment to death and a fine to Ten million pesos (P10,000,000.00) shall be
ranging from Five hundred thousand pesos imposed upon any person, who, unless authorized by
(P500,000.00) to Ten million pesos (P10,000,000.00) law, shall engage in the manufacture of any
shall be imposed upon any person or group of dangerous drug.
persons who shall maintain a den, dive or resort The penalty of imprisonment ranging from twelve
where any dangerous drug is used or sold in any (12) years and one (1) day to twenty (20) years and a
form. fine ranging from One hundred thousand pesos
The penalty of imprisonment ranging from twelve (P100,000.00) to Five hundred thousand pesos
(12) years and one (1) day to twenty (20) years and a (P500,000.00) shall be imposed upon any person,
fine ranging from One hundred thousand pesos who, unless authorized by law, shall manufacture
(P100,000.00) to Five hundred thousand pesos any controlled precursor and essential chemical.
CRIMINAL LAW REVIEWER
The presence of any controlled precursor and ranging from Ten thousand pesos (P10,000.00) to
essential chemical or laboratory equipment in the Fifty thousand pesos (P50,000.00) shall be imposed if
clandestine laboratory is a prima facie proof of it will be used to inject, ingest, inhale or otherwise
manufacture of any dangerous drug. It shall be introduce into the human body a dangerous drug in 133
considered an aggravating circumstance if the violation of this Act.
clandestine laboratory is undertaken or established The maximum penalty provided for under this
under the following circumstances: Section shall be imposed upon any person, who uses
(a) Any phase of the manufacturing process a minor or a mentally incapacitated individual to
was conducted in the presence or with the deliver such equipment, instrument, apparatus and
help of minor/s: other paraphernalia for dangerous drugs.
(b) Any phase or manufacturing process was
established or undertaken within one Section 11. Possession of Dangerous Drugs. - The
hundred (100) meters of a residential, penalty of life imprisonment to death and a fine
business, church or school premises; ranging from Five hundred thousand pesos
(c) Any clandestine laboratory was secured (P500,000.00) to Ten million pesos (P10,000,000.00)
or protected with booby traps; shall be imposed upon any person, who, unless
(d) Any clandestine laboratory was authorized by law, shall possess any dangerous drug
concealed with legitimate business in the following quantities, regardless of the degree
operations; or of purity thereof:
(e) Any employment of a practitioner, (1) 10 grams or more of opium;
chemical engineer, public official or (2) 10 grams or more of morphine;
foreigner. (3) 10 grams or more of heroin;
The maximum penalty provided for under this (4) 10 grams or more of cocaine or cocaine
Section shall be imposed upon any person, who hydrochloride;
organizes, manages or acts as a "financier" of any of (5) 50 grams or more of methamphetamine
the illegal activities prescribed in this Section. hydrochloride or "shabu";
The penalty of twelve (12) years and one (1) day to (6) 10 grams or more of marijuana resin or
twenty (20) years of imprisonment and a fine ranging marijuana resin oil;
from One hundred thousand pesos (P100,000.00) to (7) 500 grams or more of marijuana; and
Five hundred thousand pesos (P500,000.00) shall be (8) 10 grams or more of other dangerous
imposed upon any person, who acts as a drugs such as, but not limited to,
"protector/coddler" of any violator of the provisions methylenedioxymethamphetamine (MDA) or
under this Section. "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic
Section 9. Illegal Chemical Diversion of Controlled acid diethylamine (LSD), gamma
Precursors and Essential Chemicals. - The penalty of hydroxyamphetamine (GHB), and those
imprisonment ranging from twelve (12) years and similarly designed or newly introduced
one (1) day to twenty (20) years and a fine ranging drugs and their derivatives, without having
from One hundred thousand pesos (P100,000.00) to any therapeutic value or if the quantity
Five hundred thousand pesos (P500,000.00) shall be possessed is far beyond therapeutic
imposed upon any person, who, unless authorized by requirements, as determined and
law, shall illegally divert any controlled precursor promulgated by the Board in accordance to
and essential chemical. Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the
Section 10. Manufacture or Delivery of Equipment, foregoing quantities, the penalties shall be
Instrument, Apparatus, and Other Paraphernalia for graduated as follows:
Dangerous Drugs and/or Controlled Precursors and (1) Life imprisonment and a fine ranging
Essential Chemicals. - The penalty of imprisonment from Four hundred thousand pesos
ranging from twelve (12) years and one (1) day to (P400,000.00) to Five hundred thousand
twenty (20) years and a fine ranging from One pesos (P500,000.00), if the quantity of
hundred thousand pesos (P100,000.00) to Five methamphetamine hydrochloride or "shabu"
hundred thousand pesos (P500,000.00) shall be is ten (10) grams or more but less than fifty
imposed upon any person who shall deliver, possess (50) grams;
with intent to deliver, or manufacture with intent to (2) Imprisonment of twenty (20) years and
deliver equipment, instrument, apparatus and other one (1) day to life imprisonment and a fine
paraphernalia for dangerous drugs, knowing, or ranging from Four hundred thousand pesos
under circumstances where one reasonably should (P400,000.00) to Five hundred thousand
know, that it will be used to plant, propagate, pesos (P500,000.00), if the quantities of
cultivate, grow, harvest, manufacture, compound, dangerous drugs are five (5) grams or more
convert, produce, process, prepare, test, analyze, but less than ten (10) grams of opium,
pack, repack, store, contain or conceal any morphine, heroin, cocaine or cocaine
dangerous drug and/or controlled precursor and hydrochloride, marijuana resin or marijuana
essential chemical in violation of this Act. resin oil, methamphetamine hydrochloride
The penalty of imprisonment ranging from six (6) or "shabu", or other dangerous drugs such
months and one (1) day to four (4) years and a fine as, but not limited to, MDMA or "ecstasy",
CRIMINAL LAW REVIEWER
PMA, TMA, LSD, GHB, and those similarly this Act shall be imposed upon any person, who shall
designed or newly introduced drugs and possess or have under his/her control any
134 their derivatives, without having any equipment, instrument, apparatus and other
therapeutic value or if the quantity paraphernalia fit or intended for smoking,
possessed is far beyond therapeutic consuming, administering, injecting, ingesting, or
requirements; or three hundred (300) grams introducing any dangerous drug into the body, during
or more but less than five (hundred) 500) parties, social gatherings or meetings, or in the
grams of marijuana; and proximate company of at least two (2) persons.
(3) Imprisonment of twelve (12) years and
one (1) day to twenty (20) years and a fine Section 15. Use of Dangerous Drugs. – A person
ranging from Three hundred thousand pesos apprehended or arrested, who is found to be positive
(P300,000.00) to Four hundred thousand for use of any dangerous drug, after a confirmatory
pesos (P400,000.00), if the quantities of test, shall be imposed a penalty of a minimum of six
dangerous drugs are less than five (5) grams (6) months rehabilitation in a government center for
of opium, morphine, heroin, cocaine or the first offense, subject to the provisions of Article
cocaine hydrochloride, marijuana resin or VIII of this Act. If apprehended using any dangerous
marijuana resin oil, methamphetamine drug for the second time, he/she shall suffer the
hydrochloride or "shabu", or other penalty of imprisonment ranging from six (6) years
dangerous drugs such as, but not limited to, and one (1) day to twelve (12) years and a fine
MDMA or "ecstasy", PMA, TMA, LSD, GHB, ranging from Fifty thousand pesos (P50,000.00) to
and those similarly designed or newly Two hundred thousand pesos (P200,000.00):
introduced drugs and their derivatives, Provided, That this Section shall not be applicable
without having any therapeutic value or if where the person tested is also found to have in
the quantity possessed is far beyond his/her possession such quantity of any dangerous
therapeutic requirements; or less than drug provided for under Section 11 of this Act, in
three hundred (300) grams of marijuana. which case the provisions stated therein shall apply.
Section 12. Possession of Equipment, Instrument, Section 16. Cultivation or Culture of Plants
Apparatus and Other Paraphernalia for Dangerous Classified as Dangerous Drugs or are Sources
Drugs. - The penalty of imprisonment ranging from Thereof. - The penalty of life imprisonment to death
six (6) months and one (1) day to four (4) years and a and a fine ranging from Five hundred thousand pesos
fine ranging from Ten thousand pesos (P10,000.00) (P500,000.00) to Ten million pesos (P10,000,000.00)
to Fifty thousand pesos (P50,000.00) shall be shall be imposed upon any person, who shall plant,
imposed upon any person, who, unless authorized by cultivate or culture marijuana, opium poppy or any
law, shall possess or have under his/her control any other plant regardless of quantity, which is or may
equipment, instrument, apparatus and other hereafter be classified as a dangerous drug or as a
paraphernalia fit or intended for smoking, source from which any dangerous drug may be
consuming, administering, injecting, ingesting, or manufactured or derived: Provided, That in the case
introducing any dangerous drug into the body: of medical laboratories and medical research centers
Provided, That in the case of medical practitioners which cultivate or culture marijuana, opium poppy
and various professionals who are required to carry and other plants, or materials of such dangerous
such equipment, instrument, apparatus and other drugs for medical experiments and research
paraphernalia in the practice of their profession, the purposes, or for the creation of new types of
Board shall prescribe the necessary implementing medicine, the Board shall prescribe the necessary
guidelines thereof. implementing guidelines for the proper cultivation,
The possession of such equipment, instrument, culture, handling, experimentation and disposal of
apparatus and other paraphernalia fit or intended such plants and materials.
for any of the purposes enumerated in the preceding The land or portions thereof and/or greenhouses on
paragraph shall be prima facie evidence that the which any of said plants is cultivated or cultured
possessor has smoked, consumed, administered to shall be confiscated and escheated in favor of the
himself/herself, injected, ingested or used a State, unless the owner thereof can prove lack of
dangerous drug and shall be presumed to have knowledge of such cultivation or culture despite the
violated Section 15 of this Act. exercise of due diligence on his/her part. If the land
involved is part of the public domain, the maximum
Section 13. Possession of Dangerous Drugs During penalty provided for under this Section shall be
Parties, Social Gatherings or Meetings. – Any person imposed upon the offender.
found possessing any dangerous drug during a party, The maximum penalty provided for under this
or at a social gathering or meeting, or in the Section shall be imposed upon any person, who
proximate company of at least two (2) persons, shall organizes, manages or acts as a "financier" of any of
suffer the maximum penalties provided for in the illegal activities prescribed in this Section.
Section 11 of this Act, regardless of the quantity and The penalty of twelve (12) years and one (1) day to
purity of such dangerous drugs. twenty (20) years of imprisonment and a fine ranging
from One hundred thousand pesos (P100,000.00) to
Section 14. Possession of Equipment, Instrument, Five hundred thousand pesos (P500,000.00) shall be
Apparatus and Other Paraphernalia for Dangerous imposed upon any person, who acts as a
Drugs During Parties, Social Gatherings or Meetings. "protector/coddler" of any violator of the provisions
- The maximum penalty provided for in Section 12 of under this Section.
CRIMINAL LAW REVIEWER
submitted to the PDEA Forensic Laboratory within seventy-two (72) hours before the
for a qualitative and quantitative actual burning or destruction of the
136 examination; evidence in question, the Secretary of
(3) A certification of the forensic laboratory Justice shall appoint a member of the
examination results, which shall be done public attorney's office to represent the
under oath by the forensic laboratory former;
examiner, shall be issued within twenty- (7) After the promulgation and judgment in
four (24) hours after the receipt of the the criminal case wherein the
subject item/s: Provided, That when the representative sample/s was presented as
volume of the dangerous drugs, plant evidence in court, the trial prosecutor shall
sources of dangerous drugs, and controlled inform the Board of the final termination of
precursors and essential chemicals does not the case and, in turn, shall request the
allow the completion of testing within the court for leave to turn over the said
time frame, a partial laboratory representative sample/s to the PDEA for
examination report shall be provisionally proper disposition and destruction within
issued stating therein the quantities of twenty-four (24) hours from receipt of the
dangerous drugs still to be examined by the same; and
forensic laboratory: Provided, however, (8) Transitory Provision: a) Within twenty-
That a final certification shall be issued on four (24) hours from the effectivity of this
the completed forensic laboratory Act, dangerous drugs defined herein which
examination on the same within the next are presently in possession of law
twenty-four (24) hours; enforcement agencies shall, with leave of
(4) After the filing of the criminal case, the court, be burned or destroyed, in the
Court shall, within seventy-two (72) hours, presence of representatives of the Court,
conduct an ocular inspection of the DOJ, Department of Health (DOH) and the
confiscated, seized and/or surrendered accused/and or his/her counsel, and, b)
dangerous drugs, plant sources of dangerous Pending the organization of the PDEA, the
drugs, and controlled precursors and custody, disposition, and burning or
essential chemicals, including the destruction of seized/surrendered
instruments/paraphernalia and/or dangerous drugs provided under this Section
laboratory equipment, and through the shall be implemented by the DOH.
PDEA shall within twenty-four (24) hours
thereafter proceed with the destruction or Section 22. Grant of Compensation, Reward and
burning of the same, in the presence of the Award. – The Board shall recommend to the
accused or the person/s from whom such concerned government agency the grant of
items were confiscated and/or seized, or compensation, reward and award to any person
his/her representative or counsel, a providing information and to law enforcers
representative from the media and the DOJ, participating in the operation, which results in the
civil society groups and any elected public successful confiscation, seizure or surrender of
official. The Board shall draw up the dangerous drugs, plant sources of dangerous drugs,
guidelines on the manner of proper and controlled precursors and essential chemicals.
disposition and destruction of such item/s
which shall be borne by the offender: Section 23. Plea-Bargaining Provision. – Any person
Provided, That those item/s of lawful charged under any provision of this Act regardless of
commerce, as determined by the Board, the imposable penalty shall not be allowed to avail
shall be donated, used or recycled for of the provision on plea-bargaining.
legitimate purposes: Provided, further,
That a representative sample, duly weighed Section 24. Non-Applicability of the Probation Law
and recorded is retained; for Drug Traffickers and Pushers. – Any person
(5) The Board shall then issue a sworn convicted for drug trafficking or pushing under this
certification as to the fact of destruction or Act, regardless of the penalty imposed by the Court,
burning of the subject item/s which, cannot avail of the privilege granted by the
together with the representative sample/s Probation Law or Presidential Decree No. 968, as
in the custody of the PDEA, shall be amended.
submitted to the court having jurisdiction
over the case. In all instances, the Section 25. Qualifying Aggravating Circumstances in
representative sample/s shall be kept to a the Commission of a Crime by an Offender Under
minimum quantity as determined by the the Influence of Dangerous Drugs. – Notwithstanding
Board; the provisions of any law to the contrary, a positive
(6) The alleged offender or his/her finding for the use of dangerous drugs shall be a
representative or counsel shall be allowed qualifying aggravating circumstance in the
to personally observe all of the above commission of a crime by an offender, and the
proceedings and his/her presence shall not application of the penalty provided for in the
constitute an admission of guilt. In case the Revised Penal Code shall be applicable.
said offender or accused refuses or fails to
appoint a representative after due notice in Section 26. Attempt or Conspiracy. – Any attempt or
writing to the accused or his/her counsel conspiracy to commit the following unlawful acts
CRIMINAL LAW REVIEWER
shall be penalized by the same penalty prescribed precursor and essential chemical, regardless of
for the commission of the same as provided under quantity and purity, shall suffer the penalty of
this Act: death.
(a) Importation of any dangerous drug 137
and/or controlled precursor and essential Section 30. Criminal Liability of Officers of
chemical; Partnerships, Corporations, Associations or Other
(b) Sale, trading, administration, Juridical Entities. – In case any violation of this Act
dispensation, delivery, distribution and is committed by a partnership, corporation,
transportation of any dangerous drug association or any juridical entity, the partner,
and/or controlled precursor and essential president, director, manager, trustee, estate
chemical; administrator, or officer who consents to or
(c) Maintenance of a den, dive or resort knowingly tolerates such violation shall be held
where any dangerous drug is used in any criminally liable as a co-principal.
form; The penalty provided for the offense under this Act
(d) Manufacture of any dangerous drug shall be imposed upon the partner, president,
and/or controlled precursor and essential director, manager, trustee, estate administrator, or
chemical; and officer who knowingly authorizes, tolerates or
(e) Cultivation or culture of plants which consents to the use of a vehicle, vessel, aircraft,
are sources of dangerous drugs. equipment or other facility, as an instrument in the
importation, sale, trading, administration,
Section 27. Criminal Liability of a Public Officer or dispensation, delivery, distribution, transportation
Employee for Misappropriation, Misapplication or or manufacture of dangerous drugs, or chemical
Failure to Account for the Confiscated, Seized diversion, if such vehicle, vessel, aircraft,
and/or Surrendered Dangerous Drugs, Plant Sources equipment or other instrument is owned by or under
of Dangerous Drugs, Controlled Precursors and the control or supervision of the partnership,
Essential Chemicals, Instruments/Paraphernalia corporation, association or juridical entity to which
and/or Laboratory Equipment Including the Proceeds they are affiliated.
or Properties Obtained from the Unlawful Act
Committed. – The penalty of life imprisonment to Section 31. Additional Penalty if Offender is an
death and a fine ranging from Five hundred thousand Alien. – In addition to the penalties prescribed in the
pesos (P500,000.00) to Ten million pesos unlawful act committed, any alien who violates such
(P10,000,000.00), in addition to absolute perpetual provisions of this Act shall, after service of sentence,
disqualification from any public office, shall be be deported immediately without further
imposed upon any public officer or employee who proceedings, unless the penalty is death.
misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, Section 32. Liability to a Person Violating Any
plant sources of dangerous drugs, controlled Regulation Issued by the Board. – The penalty of
precursors and essential chemicals, imprisonment ranging from six (6) months and one
instruments/paraphernalia and/or laboratory (1) day to four (4) years and a fine ranging from Ten
equipment including the proceeds or properties thousand pesos (P10,000.00) to Fifty thousand pesos
obtained from the unlawful acts as provided for in (P50,000.00) shall be imposed upon any person found
this Act. violating any regulation duly issued by the Board
Any elective local or national official found to have pursuant to this Act, in addition to the
benefited from the proceeds of the trafficking of administrative sanctions imposed by the Board.
dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or Section 33. Immunity from Prosecution and
donations from natural or juridical persons found Punishment. – Notwithstanding the provisions of
guilty of trafficking dangerous drugs as prescribed in Section 17, Rule 119 of the Revised Rules of Criminal
this Act, shall be removed from office and Procedure and the provisions of Republic Act No.
perpetually disqualified from holding any elective or 6981 or the Witness Protection, Security and Benefit
appointive positions in the government, its divisions, Act of 1991, any person who has violated Sections 7,
subdivisions, and intermediaries, including 11, 12, 14, 15, and 19, Article II of this Act, who
government-owned or –controlled corporations. voluntarily gives information about any violation of
Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this
Section 28. Criminal Liability of Government Act as well as any violation of the offenses
Officials and Employees. – The maximum penalties mentioned if committed by a drug syndicate, or any
of the unlawful acts provided for in this Act shall be information leading to the whereabouts, identities
imposed, in addition to absolute perpetual and arrest of all or any of the members thereof; and
disqualification from any public office, if those who willingly testifies against such persons as
found guilty of such unlawful acts are government described above, shall be exempted from
officials and employees. prosecution or punishment for the offense with
reference to which his/her information of testimony
Section 29. Criminal Liability for Planting of were given, and may plead or prove the giving of
Evidence. – Any person who is found guilty of such information and testimony in bar of such
"planting" any dangerous drug and/or controlled
CRIMINAL LAW REVIEWER
prosecution: Provided, That the following conditions for. Such rights shall also be suspended during the
concur: pendency of an appeal from such conviction.
138 (1) The information and testimony are
necessary for the conviction of the persons ARTICLE III
described above; Dangerous Drugs Test and Record Requirements
(2) Such information and testimony are not
yet in the possession of the State; Section 36. Authorized Drug Testing. – Authorized
(3) Such information and testimony can be drug testing shall be done by any government
corroborated on its material points; forensic laboratories or by any of the drug testing
(4) the informant or witness has not been laboratories accredited and monitored by the DOH to
previously convicted of a crime involving safeguard the quality of test results. The DOH shall
moral turpitude, except when there is no take steps in setting the price of the drug test with
other direct evidence available for the DOH accredited drug testing centers to further
State other than the information and reduce the cost of such drug test. The drug testing
testimony of said informant or witness; and shall employ, among others, two (2) testing
(5) The informant or witness shall strictly methods, the screening test which will determine
and faithfully comply without delay, any the positive result as well as the type of the drug
condition or undertaking, reduced into used and the confirmatory test which will confirm a
writing, lawfully imposed by the State as positive screening test. Drug test certificates issued
further consideration for the grant of by accredited drug testing centers shall be valid for
immunity from prosecution and punishment. a one-year period from the date of issue which may
Provided, further, That this immunity may be be used for other purposes. The following shall be
enjoyed by such informant or witness who does not subjected to undergo drug testing:
appear to be most guilty for the offense with (a) Applicants for driver's license. – No
reference to which his/her information or testimony driver's license shall be issued or renewed
were given: Provided, finally, That there is no direct to any person unless he/she presents a
evidence available for the State except for the certification that he/she has undergone a
information and testimony of the said informant or mandatory drug test and indicating thereon
witness. that he/she is free from the use of
dangerous drugs;
Section 34. Termination of the Grant of Immunity. – (b) Applicants for firearm's license and for
The immunity granted to the informant or witness, permit to carry firearms outside of
as prescribed in Section 33 of this Act, shall not residence. – All applicants for firearm's
attach should it turn out subsequently that the license and permit to carry firearms outside
information and/or testimony is false, malicious or of residence shall undergo a mandatory
made only for the purpose of harassing, molesting or drug test to ensure that they are free from
in any way prejudicing the persons described in the the use of dangerous drugs: Provided, That
preceding Section against whom such information or all persons who by the nature of their
testimony is directed against. In such case, the profession carry firearms shall undergo drug
informant or witness shall be subject to prosecution testing;
and the enjoyment of all rights and benefits (c) Students of secondary and tertiary
previously accorded him under this Act or any other schools. – Students of secondary and
law, decree or order shall be deemed terminated. tertiary schools shall, pursuant to the
In case an informant or witness under this Act fails related rules and regulations as contained
or refuses to testify without just cause, and when in the school's student handbook and with
lawfully obliged to do so, or should he/she violate notice to the parents, undergo a random
any condition accompanying such immunity as drug testing: Provided, That all drug testing
provided above, his/her immunity shall be removed expenses whether in public or private
and he/she shall likewise be subject to contempt schools under this Section will be borne by
and/or criminal prosecution, as the case may be, the government;
and the enjoyment of all rights and benefits (d) Officers and employees of public and
previously accorded him under this Act or in any private offices. – Officers and employees of
other law, decree or order shall be deemed public and private offices, whether
terminated. domestic or overseas, shall be subjected to
In case the informant or witness referred to under undergo a random drug test as contained in
this Act falls under the applicability of this Section the company's work rules and regulations,
hereof, such individual cannot avail of the provisions which shall be borne by the employer, for
under Article VIII of this Act. purposes of reducing the risk in the
workplace. Any officer or employee found
Section 35. Accessory Penalties. – A person positive for use of dangerous drugs shall be
convicted under this Act shall be disqualified to dealt with administratively which shall be a
exercise his/her civil rights such as but not limited ground for suspension or termination,
to, the rights of parental authority or guardianship, subject to the provisions of Article 282 of
either as to the person or property of any ward, the the Labor Code and pertinent provisions of
rights to dispose of such property by any act or any the Civil Service Law;
conveyance inter vivos, and political rights such as (e) Officers and members of the military,
but not limited to, the right to vote and be voted police and other law enforcement agencies.
CRIMINAL LAW REVIEWER
– Officers and members of the military, laboratory examinations and tests provided in this
police and other law enforcement agencies Article, and appoint such technical and other
shall undergo an annual mandatory drug personnel as may be necessary for the effective
test; implementation of this provision. The DOH shall also 139
(f) All persons charged before the accredit physicians who shall conduct the drug
prosecutor's office with a criminal offense dependency examination of a drug dependent as
having an imposable penalty of well as the after-care and follow-up program for the
imprisonment of not less than six (6) years said drug dependent. There shall be a control
and one (1) day shall have to undergo a regulations, licensing and accreditation division
mandatory drug test; and under the supervision of the DOH for this purpose.
(g) All candidates for public office whether For this purpose, the DOH shall establish, operate
appointed or elected both in the national or and maintain drug testing centers in government
local government shall undergo a mandatory hospitals, which must be provided at least with basic
drug test. technologically advanced equipment and materials,
In addition to the above stated penalties in in order to conduct the laboratory examination and
this Section, those found to be positive for tests herein provided, and appoint such qualified
dangerous drugs use shall be subject to the and duly trained technical and other personnel as
provisions of Section 15 of this Act. may be necessary for the effective implementation
of this provision.
Section 37. Issuance of False or Fraudulent Drug
Test Results. – Any person authorized, licensed or Section 40. Records Required for Transactions on
accredited under this Act and its implementing rules Dangerous Drug and Precursors and Essential
to conduct drug examination or test, who issues Chemicals. –
false or fraudulent drug test results knowingly, a) Every pharmacist dealing in dangerous
willfully or through gross negligence, shall suffer the drugs and/or controlled precursors and
penalty of imprisonment ranging from six (6) years essential chemicals shall maintain and keep
and one (1) day to twelve (12) years and a fine an original record of sales, purchases,
ranging from One hundred thousand pesos acquisitions and deliveries of dangerous
(P100,000.00) to Five hundred thousand pesos drugs, indicating therein the following
(P500,000.00). information:
An additional penalty shall be imposed through the (1) License number and address of
revocation of the license to practice his/her the pharmacist;
profession in case of a practitioner, and the closure (2) Name, address and license of
of the drug testing center. the manufacturer, importer or
wholesaler from whom the
Section 38. Laboratory Examination or Test on dangerous drugs have been
Apprehended/Arrested Offenders. – Subject to purchased;
Section 15 of this Act, any person apprehended or (3) Quantity and name of the
arrested for violating the provisions of this Act shall dangerous drugs purchased or
be subjected to screening laboratory examination or acquired;
test within twenty-four (24) hours, if the (4) Date of acquisition or purchase;
apprehending or arresting officer has reasonable (5) Name, address and community
ground to believe that the person apprehended or tax certificate number of the
arrested, on account of physical signs or symptoms buyer;
or other visible or outward manifestation, is under (6) Serial number of the
the influence of dangerous drugs. If found to be prescription and the name of the
positive, the results of the screening laboratory physician, dentist, veterinarian or
examination or test shall be challenged within practitioner issuing the same;
fifteen (15) days after receipt of the result through a (7) Quantity and name of the
confirmatory test conducted in any accredited dangerous drugs sold or delivered;
analytical laboratory equipment with a gas and
chromatograph/mass spectrometry equipment or (8) Date of sale or delivery.
some such modern and accepted method, if A certified true copy of such record
confirmed the same shall be prima facie evidence covering a period of six (6) months, duly
that such person has used dangerous drugs, which is signed by the pharmacist or the owner of
without prejudice for the prosecution for other the drugstore, pharmacy or chemical
violations of the provisions of this Act: Provided, establishment, shall be forwarded to the
That a positive screening laboratory test must be Board within fifteen (15) days following the
confirmed for it to be valid in a court of law. last day of June and December of each
year, with a copy thereof furnished the city
Section 39. Accreditation of Drug Testing Centers or municipal health officer concerned.
and Physicians. – The DOH shall be tasked to license (b) A physician, dentist, veterinarian or
and accredit drug testing centers in each province practitioner authorized to prescribe any
and city in order to assure their capacity, dangerous drug shall issue the prescription
competence, integrity and stability to conduct the therefor in one (1) original and two (2)
CRIMINAL LAW REVIEWER
duplicate copies. The original, after the use of dangerous drugs, and referral for treatment
prescription has been filled, shall be and rehabilitation of students for drug dependence.
140 retained by the pharmacist for a period of
one (1) year from the date of sale or Section 43. School Curricula. – Instruction on drug
delivery of such drug. One (1) copy shall be abuse prevention and control shall be integrated in
retained by the buyer or by the person to the elementary, secondary and tertiary curricula of
whom the drug is delivered until such drug all public and private schools, whether general,
is consumed, while the second copy shall be technical, vocational or agro-industrial as well as in
retained by the person issuing the non-formal, informal and indigenous learning
prescription. systems. Such instructions shall include:
For purposes of this Act, all prescriptions (1) Adverse effects of the abuse and misuse
issued by physicians, dentists, veterinarians of dangerous drugs on the person, the
or practitioners shall be written on forms family, the school and the community;
exclusively issued by and obtainable from (2) Preventive measures against drug abuse;
the DOH. Such forms shall be made of a (3) Health, socio-cultural, psychological,
special kind of paper and shall be legal and economic dimensions and
distributed in such quantities and contain implications of the drug problem;
such information and other data as the DOH (4) Steps to take when intervention on
may, by rules and regulations, require. Such behalf of a drug dependent is needed, as
forms shall only be issued by the DOH well as the services available for the
through its authorized employees to treatment and rehabilitation of drug
licensed physicians, dentists, veterinarians dependents; and
and practitioners in such quantities as the (5) Misconceptions about the use of
Board may authorize. In emergency cases, dangerous drugs such as, but not limited to,
however, as the Board may specify in the the importance and safety of dangerous
public interest, a prescription need not be drugs for medical and therapeutic use as
accomplished on such forms. The well as the differentiation between medical
prescribing physician, dentist, veterinarian patients and drug dependents in order to
or practitioner shall, within three (3) days avoid confusion and accidental
after issuing such prescription, inform the stigmatization in the consciousness of the
DOH of the same in writing. No prescription students.
once served by the drugstore or pharmacy
be reused nor any prescription once issued Section 44. Heads, Supervisors, and Teachers of
be refilled. Schools. – For the purpose of enforcing the provisions
(c) All manufacturers, wholesalers, of Article II of this Act, all school heads, supervisors
distributors, importers, dealers and and teachers shall be deemed persons in authority
retailers of dangerous drugs and/or and, as such, are hereby empowered to apprehend,
controlled precursors and essential arrest or cause the apprehension or arrest of any
chemicals shall keep a record of all person who shall violate any of the said provisions,
inventories, sales, purchases, acquisitions pursuant to Section 5, Rule 113 of the Rules of
and deliveries of the same as well as the Court. They shall be deemed persons in authority if
names, addresses and licenses of the they are in the school or within its immediate
persons from whom such items were vicinity, or even beyond such immediate vicinity if
purchased or acquired or to whom such they are in attendance at any school or class
items were sold or delivered, the name and function in their official capacity as school heads,
quantity of the same and the date of the supervisors, and teachers.
transactions. Such records may be Any teacher or school employee, who discovers or
subjected anytime for review by the Board. finds that any person in the school or within its
immediate vicinity is liable for violating any of said
ARTICLE IV provisions, shall have the duty to report the same to
Participation of the Family, Students, Teachers the school head or immediate superior who shall, in
and School Authorities in the Enforcement of this turn, report the matter to the proper authorities.
Act Failure to do so in either case, within a reasonable
period from the time of discovery of the violation
Section 41. Involvement of the Family. – The family shall, after due hearing, constitute sufficient cause
being the basic unit of the Filipino society shall be for disciplinary action by the school authorities.
primarily responsible for the education and
awareness of the members of the family on the ill Section 45. Publication and Distribution of
effects of dangerous drugs and close monitoring of Materials on Dangerous Drugs. – With the assistance
family members who may be susceptible to drug of the Board, the Secretary of the Department of
abuse. Education (DepEd), the Chairman of the Commission
on Higher Education (CHED) and the Director-
Section 42. Student Councils and Campus General of the Technical Education and Skills
Organizations. – All elementary, secondary and Development Authority (TESDA) shall cause the
tertiary schools' student councils and campus development, publication and distribution of
organizations shall include in their activities a information and support educational materials on
program for the prevention of and deterrence in the
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dangerous drugs to the students, the faculty, the the programs mentioned in the preceding Section,
parents, and the community. secure the technical assistance, such as but not
limited to, seminars and information dissemination
Section 46. Special Drug Education Center. – With campaigns of the appropriate government and law 141
the assistance of the Board, the Department of the enforcement agencies.
Interior and Local Government (DILG), the National
Youth Commission (NYC), and the Department of ARTICLE VII
Social Welfare and Development (DSWD) shall Participation of Local Government Units
establish in each of its provincial office a special
education drug center for out-of-school youth and Section 51. Local Government Units' Assistance. –
street children. Such Center which shall be headed Local government units shall appropriate a
by the Provincial Social. Welfare Development substantial portion of their respective annual
Officer shall sponsor drug prevention programs and budgets to assist in or enhance the enforcement of
activities and information campaigns with the end in this Act giving priority to preventive or educational
view of educating the out-of-school youth and street programs and the rehabilitation or treatment of drug
children regarding the pernicious effects of drug dependents.
abuse. The programs initiated by the Center shall
likewise be adopted in all public and private Section 52. Abatement of Drug Related Public
orphanage and existing special centers for street Nuisances. – Any place or premises which have been
children. used on two or more occasions as the site of the
unlawful sale or delivery of dangerous drugs may be
ARTICLE V declared to be a public nuisance, and such nuisance
Promotion of a National Drug-Free Workplace may be abated, pursuant to the following
Program With the Participation of Private and procedures:
Labor Sectors and the Department of Labor and (1) Any city or municipality may, by
Employment ordinance, create an administrative board
to hear complaints regarding the nuisances;
Section 47. Drug-Free Workplace. – It is deemed a (2) any employee, officer, or resident of the
policy of the State to promote drug-free workplaces city or municipality may bring a complaint
using a tripartite approach. With the assistance of before the Board after giving not less than
the Board, the Department of Labor and Employment three (3) days written notice of such
(DOLE) shall develop, promote and implement a complaint to the owner of the place or
national drug abuse prevention program in the premises at his/her last known address; and
workplace to be adopted by private companies with (3) After hearing in which the Board may
ten (10) or more employees. Such program shall consider any evidence, including evidence
include the mandatory drafting and adoption of of the general reputation of the place or
company policies against drug use in the workplace premises, and at which the owner of the
in close consultation and coordination with the premises shall have an opportunity to
DOLE, labor and employer organizations, human present evidence in his/her defense, the
resource development managers and other such Board may declare the place or premises to
private sector organizations. be a public nuisance.
Section 48. Guidelines for the National Drug-Free Section 53. Effect of Board Declaration. – If the
Workplace Program. – The Board and the DOLE shall Board declares a place or premises to be a public
formulate the necessary guidelines for the nuisance, it may declare an order immediately
implementation of the national drug-free workplace prohibiting the conduct, operation, or maintenance
program. The amount necessary for the of any business or activity on the premises which is
implementation of which shall be included in the conducive to such nuisance.
annual General Appropriations Act. An order entered under this Section shall expire
after one (1) year or at such earlier time as stated in
ARTICLE VI the order. The Board may bring a complaint seeking
Participation of the Private and Labor Sectors in a permanent injunction against any nuisance
the Enforcement of this Act described under this Section.
This Article does not restrict the right of any person
Section 49. Labor Organizations and the Private to proceed under the Civil Code against any public
Sector. – All labor unions, federations, associations, nuisance.
or organizations in cooperation with the respective
private sector partners shall include in their ARTICLE VIII
collective bargaining or any similar agreements, Program for Treatment and Rehabilitation of Drug
joint continuing programs and information Dependents
campaigns for the laborers similar to the programs
provided under Section 47 of this Act with the end in Section 54. Voluntary Submission of a Drug
view of achieving a drug free workplace. Dependent to Confinement, Treatment and
Rehabilitation. – A drug dependent or any person
Section 50. Government Assistance. – The labor who violates Section 15 of this Act may, by
sector and the respective partners may, in pursuit of himself/herself or through his/her parent, spouse,
CRIMINAL LAW REVIEWER
guardian or relative within the fourth degree of Section 56. Temporary Release From the Center;
consanguinity or affinity, apply to the Board or its After-Care and Follow-Up Treatment Under the
142 duly recognized representative, for treatment and Voluntary Submission Program. – Upon certification
rehabilitation of the drug dependency. Upon such of the Center that the drug dependent within the
application, the Board shall bring forth the matter to voluntary submission program may be temporarily
the Court which shall order that the applicant be released, the Court shall order his/her release on
examined for drug dependency. If the examination condition that said drug dependent shall report to
by a DOH-accredited physician results in the issuance the DOH for after-care and follow-up treatment,
of a certification that the applicant is a drug including urine testing, for a period not exceeding
dependent, he/she shall be ordered by the Court to eighteen (18) months under such terms and
undergo treatment and rehabilitation in a Center conditions that the Court may impose.
designated by the Board for a period of not less than If during the period of after-care and follow-up, the
six (6) months: Provided, That a drug dependent drug dependent is certified to be rehabilitated,
may be placed under the care of a DOH-accredited he/she may be discharged by the Court, subject to
physician where there is no Center near or the provisions of Section 55 of this Act, without
accessible to the residence of the drug dependent or prejudice to the outcome of any pending case filed
where said drug dependent is below eighteen (18) in court.
years of age and is a first-time offender and non- However, should the DOH find that during the initial
confinement in a Center will not pose a serious after-care and follow-up program of eighteen (18)
danger to his/her family or the community. months, the drug dependent requires further
Confinement in a Center for treatment and treatment and rehabilitation in the Center, he/she
rehabilitation shall not exceed one (1) year, after shall be recommitted to the Center for confinement.
which time the Court, as well as the Board, shall be Thereafter, he/she may again be certified for
apprised by the head of the treatment and temporary release and ordered released for another
rehabilitation center of the status of said drug after-care and follow-up program pursuant to this
dependent and determine whether further Section.
confinement will be for the welfare of the drug
dependent and his/her family or the community. Section 57. Probation and Community Service Under
the Voluntary Submission Program. – A drug
Section 55. Exemption from the Criminal Liability dependent who is discharged as rehabilitated by the
Under the Voluntary Submission Program. A drug DOH-accredited Center through the voluntary
dependent under the voluntary submission program, submission program, but does not qualify for
who is finally discharged from confinement, shall be exemption from criminal liability under Section 55 of
exempt from the criminal liability under Section 15 this Act, may be charged under the provisions of this
of this act subject to the following conditions: Act, but shall be placed on probation and undergo a
(1) He/she has complied with the rules and community service in lieu of imprisonment and/or
regulations of the center, the applicable fine in the discretion of the court, without prejudice
rules and regulations of the Board, including to the outcome of any pending case filed in court.
the after-care and follow-up program for at Such drug dependent shall undergo community
least eighteen (18) months following service as part of his/her after-care and follow-up
temporary discharge from confinement in program, which may be done in coordination with
the Center or, in the case of a dependent nongovernmental civil organizations accredited by
placed under the care of the DOH- the DSWD, with the recommendation of the Board.
accredited physician, the after-care
program and follow-up schedule formulated Section 58. Filing of Charges Against a Drug
by the DSWD and approved by the Board: Dependent Who is Not Rehabilitated Under the
Provided, That capability-building of local Voluntary Submission Program. – A drug dependent,
government social workers shall be who is not rehabilitated after the second
undertaken by the DSWD; commitment to the Center under the voluntary
(2) He/she has never been charged or submission program, shall, upon recommendation of
convicted of any offense punishable under the Board, be charged for violation of Section 15 of
this Act, the Dangerous Drugs Act of 1972 or this Act and prosecuted like any other offender. If
Republic Act No. 6425, as amended; the convicted, he/she shall be credited for the period of
Revised Penal Code, as amended; or any confinement and rehabilitation in the Center in the
special penal laws; service of his/her sentence.
(3) He/she has no record of escape from a
Center: Provided, That had he/she escaped, Section 59. Escape and Recommitment for
he/she surrendered by himself/herself or Confinement and Rehabilitation Under the
through his/her parent, spouse, guardian or Voluntary Submission Program. – Should a drug
relative within the fourth degree of dependent under the voluntary submission program
consanguinity or affinity, within one (1) escape from the Center, he/she may submit
week from the date of the said escape; and himself/herself for recommitment within one (1)
(4) He/she poses no serious danger to week therefrom, or his/her parent, spouse, guardian
himself/herself, his/her family or the or relative within the fourth degree of consanguinity
community by his/her exemption from or affinity may, within said period, surrender him for
criminal liability. recommitment, in which case the corresponding
order shall be issued by the Board.
CRIMINAL LAW REVIEWER
Should the escapee fail to submit himself/herself or imprisonment of less than six (6) years and one (1)
be surrendered after one (1) week, the Board shall day, and is found by the prosecutor or by the court,
apply to the court for a recommitment order upon at any stage of the proceedings, to be a drug
proof of previous commitment or his/her voluntary dependent, the prosecutor or the court as the case 143
submission by the Board, the court may issue an may be, shall suspend all further proceedings and
order for recommitment within one (1) week. transmit copies of the record of the case to the
If, subsequent to a recommitment, the dependent Board.
once again escapes from confinement, he/she shall In the event he Board determines, after medical
be charged for violation of Section 15 of this Act and examination, that public interest requires that such
he subjected under section 61 of this Act, either drug dependent be committed to a center for
upon order of the Board or upon order of the court, treatment and rehabilitation, it shall file a petition
as the case may be. for his/her commitment with the regional trial court
of the province or city where he/she is being
Section 60. Confidentiality of Records Under the investigated or tried: Provided, That where a
Voluntary Submission Program. – Judicial and criminal case is pending in court, such petition shall
medical records of drug dependents under the be filed in the said court. The court shall take
voluntary submission program shall be confidential judicial notice of the prior proceedings in the case
and shall not be used against him for any purpose, and shall proceed to hear the petition. If the court
except to determine how many times, by finds him to be a drug dependent, it shall order
himself/herself or through his/her parent, spouse, his/her commitment to a Center for treatment and
guardian or relative within the fourth degree of rehabilitation. The head of said Center shall submit
consanguinity or affinity, he/she voluntarily to the court every four (4) months, or as often as the
submitted himself/herself for confinement, court may require, a written report on the progress
treatment and rehabilitation or has been committed of the treatment. If the dependent is rehabilitated,
to a Center under this program. as certified by the center and the Board, he/she
shall be returned to the court, which committed
Section 61. Compulsory Confinement of a Drug him, for his/her discharge therefrom.
Dependent Who Refuses to Apply Under the Thereafter, his/her prosecution for any offense
Voluntary Submission Program. – Notwithstanding punishable by law shall be instituted or shall
any law, rule and regulation to the contrary, any continue, as the case may be. In case of conviction,
person determined and found to be dependent on the judgment shall, if the accused is certified by the
dangerous drugs shall, upon petition by the Board or treatment and rehabilitation center to have
any of its authorized representative, be confined for maintained good behavior, indicate that he/she shall
treatment and rehabilitation in any Center duly be given full credit for the period he/she was
designated or accredited for the purpose. confined in the Center: Provided, however, That
A petition for the confinement of a person alleged to when the offense is for violation of Section 15 of this
be dependent on dangerous drugs to a Center may Act and the accused is not a recidivist, the penalty
be filed by any person authorized by the Board with thereof shall be deemed to have been served in the
the Regional Trial Court of the province or city Center upon his/her release therefrom after
where such person is found. certification by the Center and the Board that
After the petition is filed, the court, by an order, he/she is rehabilitated.
shall immediately fix a date for the hearing, and a
copy of such order shall be served on the person Section 63. Prescription of the Offense Charged
alleged to be dependent on dangerous drugs, and to Against a Drug Dependent Under the Compulsory
the one having charge of him. Submission Program. – The period of prescription of
If after such hearing and the facts so warrant, the the offense charged against a drug dependent under
court shall order the drug dependent to be examined the compulsory submission program shall not run
by two (2) physicians accredited by the Board. If during the time that the drug dependent is under
both physicians conclude that the respondent is not confinement in a Center or otherwise under the
a drug dependent, the court shall order his/her treatment and rehabilitation program approved by
discharge. If either physician finds him to be a the Board.
dependent, the court shall conduct a hearing and Upon certification of the Center that he/she may
consider all relevant evidence which may be offered. temporarily be discharged from the said Center, the
If the court finds him a drug dependent, it shall issue court shall order his/her release on condition that
an order for his/her commitment to a treatment and he/she shall report to the Board through the DOH for
rehabilitation center under the supervision of the after-care and follow-up treatment for a period not
DOH. In any event, the order of discharge or order of exceeding eighteen (18) months under such terms
confinement or commitment shall be issued not later and conditions as may be imposed by the Board.
than fifteen (15) days from the filing of the If at anytime during the after-care and follow-up
appropriate petition. period, the Board certifies to his/her complete
rehabilitation, the court shall order his/her final
Section 62. Compulsory Submission of a Drug discharge from confinement and order for the
Dependent Charged with an Offense to Treatment immediate resumption of the trial of the case for
and Rehabilitation. – If a person charged with an which he/she is originally charged. Should the Board
offense where the imposable penalty is through the DOH find at anytime during the after-
CRIMINAL LAW REVIEWER
care and follow-up period that he/she requires (b) He/she has not been previously
further treatment and rehabilitation, it shall report committed to a Center or to the care of a
144 to the court, which shall order his/her DOH-accredited physician; and
recommitment to the Center. (c) The Board favorably recommends that
Should the drug dependent, having been committed his/her sentence be suspended.
to a Center upon petition by the Board escape While under suspended sentence, he/she shall be
therefrom, he/she may resubmit himself/herself for under the supervision and rehabilitative surveillance
confinement within one (1) week from the date of of the Board, under such conditions that the court
his/her escape; or his/her parent, spouse, guardian may impose for a period ranging from six (6) months
or relative within the fourth degree of consanguinity to eighteen (18) months.
or affinity may, within the same period, surrender Upon recommendation of the Board, the court may
him for recommitment. If, however, the drug commit the accused under suspended sentence to a
dependent does not resubmit himself/herself for Center, or to the care of a DOH-accredited physician
confinement or he/she is not surrendered for for at least six (6) months, with after-care and
recommitment, the Board may apply with the court follow-up program for not more than eighteen (18)
for the issuance of the recommitment order. Upon months.
proof of previous commitment, the court shall issue In the case of minors under fifteen (15) years of age
an order for recommitment. If, subsequent to such at the time of the commission of any offense
recommitment, he/she should escape again, he/she penalized under this Act, Article 192 of Presidential
shall no longer be exempt from criminal liability for Decree No. 603, otherwise known as the Child and
use of any dangerous drug. Youth Welfare Code, as amended by Presidential
A drug dependent committed under this particular Decree No. 1179 shall apply, without prejudice to
Section who is finally discharged from confinement the application of the provisions of this Section.
shall be exempt from criminal liability under Section
15 of this Act, without prejudice to the outcome of Section 67. Discharge After Compliance with
any pending case filed in court. On the other hand, a Conditions of Suspended Sentence of a First-Time
drug dependent who is not rehabilitated after a Minor Offender. – If the accused first time minor
second commitment to the Center shall, upon offender under suspended sentence complies with
conviction by the appropriate court, suffer the same the applicable rules and regulations of the Board,
penalties provided for under Section 15 of this Act including confinement in a Center, the court, upon a
again without prejudice to the outcome of any favorable recommendation of the Board for the final
pending case filed in court. discharge of the accused, shall discharge the
accused and dismiss all proceedings.
Section 64. Confidentiality of Records Under the Upon the dismissal of the proceedings against the
Compulsory Submission Program. – The records of a accused, the court shall enter an order to expunge
drug dependent who was rehabilitated and all official records, other than the confidential
discharged from the Center under the compulsory record to be retained by the DOJ relating to the
submission program, or who was charged for case. Such an order, which shall be kept
violation of Section 15 of this Act, shall be covered confidential, shall restore the accused to his/her
by Section 60 of this Act. However, the records of a status prior to the case. He/she shall not be held
drug dependent who was not rehabilitated, or who thereafter to be guilty of perjury or of concealment
escaped but did not surrender himself/herself within or misrepresentation by reason of his/her failure to
the prescribed period, shall be forwarded to the acknowledge the case or recite any fact related
court and their use shall be determined by the court, thereto in response to any inquiry made of him for
taking into consideration public interest and the any purpose.
welfare of the drug dependent.
Section 68. Privilege of Suspended Sentence to be
Section 65. Duty of the Prosecutor in the Availed of Only Once by a First-Time Minor
Proceedings. – It shall be the duty of the provincial Offender. – The privilege of suspended sentence
or the city prosecutor or their assistants or state shall be availed of only once by an accused drug
prosecutors to prepare the appropriate petition in all dependent who is a first-time offender over fifteen
proceedings arising from this Act. (15) years of age at the time of the commission of
the violation of Section 15 of this Act but not more
Section 66. Suspension of Sentence of a First-Time than eighteen (18) years of age at the time when
Minor Offender. – An accused who is over fifteen judgment should have been promulgated.
(15) years of age at the time of the commission of
the offense mentioned in Section 11 of this Act, but Section 69. Promulgation of Sentence for First-Time
not more than eighteen (18) years of age at the time Minor Offender. – If the accused first-time minor
when judgment should have been promulgated after offender violates any of the conditions of his/her
having been found guilty of said offense, may be suspended sentence, the applicable rules and
given the benefits of a suspended sentence, subject regulations of the Board exercising supervision and
to the following conditions: rehabilitative surveillance over him, including the
(a) He/she has not been previously rules and regulations of the Center should
convicted of violating any provision of this confinement be required, the court shall pronounce
Act, or of the Dangerous Drugs Act of 1972, judgment of conviction and he/she shall serve
as amended; or of the Revised Penal Code; sentence as any other convicted person.
or of any special penal laws;
CRIMINAL LAW REVIEWER
Section 70. Probation or Community Service for a Section 73. Liability of a Parent, Spouse or
First-Time Minor Offender in Lieu of Imprisonment. Guardian Who Refuses to Cooperate with the Board
– Upon promulgation of the sentence, the court may, or any Concerned Agency. – Any parent, spouse or
in its discretion, place the accused under probation, guardian who, without valid reason, refuses to 145
even if the sentence provided under this Act is cooperate with the Board or any concerned agency
higher than that provided under existing law on in the treatment and rehabilitation of a drug
probation, or impose community service in lieu of dependent who is a minor, or in any manner,
imprisonment. In case of probation, the supervision prevents or delays the after-care, follow-up or other
and rehabilitative surveillance shall be undertaken programs for the welfare of the accused drug
by the Board through the DOH in coordination with dependent, whether under voluntary submission
the Board of Pardons and Parole and the Probation program or compulsory submission program, may be
Administration. Upon compliance with the conditions cited for contempt by the court.
of the probation, the Board shall submit a written
report to the court recommending termination of Section 74. Cost-Sharing in the Treatment and
probation and a final discharge of the probationer, Rehabilitation of a Drug Dependent. – The parent,
whereupon the court shall issue such an order. spouse, guardian or any relative within the fourth
The community service shall be complied with under degree of consanguinity of any person who is
conditions, time and place as may be determined by confined under the voluntary submission program or
the court in its discretion and upon the compulsory submission program shall be charged a
recommendation of the Board and shall apply only to certain percentage of the cost of his/her treatment
violators of Section 15 of this Act. The completion of and rehabilitation, the guidelines of which shall be
the community service shall be under the supervision formulated by the DSWD taking into consideration
and rehabilitative surveillance of the Board during the economic status of the family of the person
the period required by the court. Thereafter, the confined. The guidelines therein formulated shall be
Board shall render a report on the manner of implemented by a social worker of the local
compliance of said community service. The court in government unit.
its discretion may require extension of the
community service or order a final discharge. Section 75. Treatment and Rehabilitation Centers. –
In both cases, the judicial records shall be covered The existing treatment and rehabilitation centers for
by the provisions of Sections 60 and 64 of this Act. drug dependents operated and maintained by the
If the sentence promulgated by the court requires NBI and the PNP shall be operated, maintained and
imprisonment, the period spent in the Center by the managed by the DOH in coordination with other
accused during the suspended sentence period shall concerned agencies. For the purpose of enlarging the
be deducted from the sentence to be served. network of centers, the Board through the DOH shall
encourage, promote or whenever feasible, assist or
Section 71. Records to be kept by the Department support in the establishment, operations and
of Justice. – The DOJ shall keep a confidential maintenance of private centers which shall be
record of the proceedings on suspension of sentence eligible to receive grants, donations or subsidy from
and shall not be used for any purpose other than to either government or private sources. It shall also
determine whether or not a person accused under support the establishment of government-operated
this Act is a first-time minor offender. regional treatment and rehabilitation centers
depending upon the availability of funds. The
Section 72. Liability of a Person Who Violates the national government, through its appropriate
Confidentiality of Records. – The penalty of agencies shall give priority funding for the increase
imprisonment ranging from six (6) months and one of subsidy to existing government drug rehabilitation
(1) day to six (6) years and a fine ranging from One centers, and shall establish at least one (1) drug
thousand pesos (P1,000.00) to Six thousand pesos rehabilitation center in each province, depending on
(P6,000.00), shall be imposed upon any person who, the availability of funds.
having official custody of or access to the
confidential records of any drug dependent under Section 76. The Duties and Responsibilities of the
voluntary submission programs, or anyone who, Department of health (DOH) Under this Act. – The
having gained possession of said records, whether DOH shall:
lawfully or not, reveals their content to any person (1) Oversee the monitor the integration,
other than those charged with the prosecution of the coordination and supervision of all drug
offenses under this Act and its implementation. The rehabilitation, intervention, after-care and
maximum penalty shall be imposed, in addition to follow-up programs, projects and activities
absolute perpetual disqualification from any public as well as the establishment, operations,
office, when the offender is a government official or maintenance and management of privately-
employee. Should the records be used for unlawful owned drug treatment rehabilitation
purposes, such as blackmail of the drug dependent centers and drug testing networks and
or the members of his/her family, the penalty laboratories throughout the country in
imposed for the crime of violation of confidentiality coordination with the DSWD and other
shall be in addition to whatever crime he/she may agencies;
be convicted of. (2) License, accredit, establish and
maintain drug test network and laboratory,
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initiate, conduct and support scientific (1) Secretary of the Department of Justice
research on drugs and drug control; or his/her representative;
146 (3) Encourage, assist and accredit private (2) Secretary of the Department of Health
centers, promulgate rules and regulations or his/her representative;
setting minimum standards for their (3) Secretary of the Department of National
accreditation to assure their competence, Defense or his/her representative;
integrity and stability; (4) Secretary of the Department of Finance
(4) Prescribe and promulgate rules and or his/her representative;
regulations governing the establishment of (5) Secretary of the Department of Labor
such Centers as it may deem necessary and Employment or his/her representative;
after conducting a feasibility study thereof; (6) Secretary of the Department of the
(5) The DOH shall, without prejudice to the Interior and Local Government or his/her
criminal prosecution of those found guilty representative;
of violating this Act, order the closure of a (7) Secretary of the Department of Social
Center for treatment and rehabilitation of Welfare and Development or his/her
drug dependency when, after investigation representative;
it is found guilty of violating the provisions (8) Secretary of the Department of Foreign
of this Act or regulations issued by the Affairs or his/her representative;
Board; and (9) Secretary of the Department of
(6) Charge reasonable fees for drug Education or his/her representative;
dependency examinations, other medical (10) Chairman of the Commission on Higher
and legal services provided to the public, Education or his/her representative;
which shall accrue to the Board. All income (11) Chairman of the National Youth
derived from these sources shall be part of Commission;
the funds constituted as special funds for (12) Director General of the Philippine Drug
the implementation of this Act under Enforcement Agency.
Section 87. Cabinet secretaries who are members of the Board
may designate their duly authorized and permanent
representatives whose ranks shall in no case be
lower than undersecretary.
ARTICLE IX The two (2) regular members shall be as follows:
Dangerous Drugs Board and Philippine Drug (a) The president of the Integrated Bar of
Enforcement Agency the Philippines; and
(b) The chairman or president of a non-
Section 77. The Dangerous Drugs Board. – The Board government organization involved in
shall be the policy-making and strategy-formulating dangerous drug campaign to be appointed
body in the planning and formulation of policies and by the President of the Philippines.
programs on drug prevention and control. It shall The Director of the NBI and the Chief of the PNP
develop and adopt a comprehensive, integrated, shall be the permanent consultants of the Board,
unified and balanced national drug abuse prevention and shall attend all the meetings of the Board.
and control strategy. It shall be under the Office of All members of the Board as well as its permanent
the President. consultants shall receive a per diem for every
meeting actually attended subject to the pertinent
Section 78. Composition of the Board. – The Board budgetary laws, rules and regulations on
shall be composed of seventeen (17) members compensation, honoraria and allowances: Provided,
wherein three (3) of which are permanent members, That where the representative of an ex officio
the other twelve (12) members shall be in an ex member or of the permanent consultant of the Board
officio capacity and the two (2) shall be regular attends a meeting in behalf of the latter, such
members. representative shall be entitled to receive the per
The three (3) permanent members, who shall possess diem.
at least seven-year training and experience in the Section 79. Meetings of the Board. – The Board shall
field of dangerous drugs and in any of the following meet once a week or as often as necessary at the
fields: in law, medicine, criminology, psychology or discretion of the Chairman or at the call of any four
social work, shall be appointed by the President of (4) other members. The presence of nine (9)
the Philippines. The President shall designate a members shall constitute a quorum.
Chairman, who shall have the rank of a secretary Section 80. Secretariat of the Board. – The Board
from among the three (3) permanent members who shall recommend to the President of the Philippines
shall serve for six (6) years. Of the two (2) other the appointment of an Executive Director, with the
members, who shall both have the rank of rank of an undersecretary, who shall be the
undersecretary, one (1) shall serve for four (4) years Secretary of the Board and administrative officer of
and the other for two (2) years. Thereafter, the its secretariat, and shall perform such other duties
persons appointed to succeed such members shall that may be assigned to him/her. He/she must
hold office for a term of six (6) years and until their possess adequate knowledge, training and
successors shall have been duly appointed and experience in the field of dangerous drugs, and in
qualified. any of the following fields: law enforcement, law,
The other twelve (12) members who shall be ex medicine, criminology, psychology or social work.
officio members of the Board are the following:
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Two deputies executive director, for administration pertinent to its campaign against dangerous
and operations, with the ranks of assistant drugs and its scientific researches on
secretary, shall be appointed by the President upon dangerous drugs, its prevention and control
recommendation of the Board. They shall possess the measures; 147
same qualifications as those of the executive (g) Design special trainings in order to
director. They shall receive a salary corresponding to provide law enforcement officers, members
their position as prescribed by the Salary of the judiciary, and prosecutors, school
Standardization Law as a Career Service Officer. authorities and personnel of centers with
The existing secretariat of the Board shall be under knowledge and know-how in dangerous
the administrative control and supervision of the drugs and/or controlled precursors and
Executive Director. It shall be composed of the essential chemicals control in coordination
following divisions, namely: Policy Studies, Research with the Supreme Court to meet the
and Statistics; Preventive Education, Training and objectives of the national drug control
Information; Legal Affairs; and the Administrative programs;
and Financial Management. (h) Design and develop, in consultation and
Section 81. Powers and Duties of the Board. – The coordination with the DOH, DSWD and other
Board shall: agencies involved in drugs control,
(a) Formulate, develop and establish a treatment and rehabilitation, both public
comprehensive, integrated, unified and and private, a national treatment and
balanced national drug use prevention and rehabilitation program for drug dependents
control strategy; including a standard aftercare and
(b) Promulgate such rules and regulations as community service program for recovering
may be necessary to carry out the purposes drug dependents;
of this Act, including the manner of (i) Design and develop, jointly with the
safekeeping, disposition, burning or DOLE and in consultation with labor and
condemnation of any dangerous drug and/or employer groups as well as nongovernment
controlled precursor and essential chemical organizations a drug abuse prevention
under its charge and custody, and prescribe program in the workplace that would
administrative remedies or sanctions for the include a provision for employee assistance
violations of such rules and regulations; programs for emotionally-stressed
(c) Conduct policy studies, program employees;
monitoring and evaluations and other (j) Initiate and authorize closure
researches on drug prevention, control and proceedings against non-accredited and/or
enforcement; substandard rehabilitation centers based on
(d) Initiate, conduct and support scientific, verified reports of human rights violations,
clinical, social, psychological, physical and subhuman conditions, inadequate medical
biological researches on dangerous drugs training and assistance and excessive fees
and dangerous drugs prevention and control for implementation by the PDEA;
measures; (k) Prescribe and promulgate rules and
(e) Develop an educational program and regulations governing the establishment of
information drive on the hazards and such centers, networks and laboratories as
prevention of illegal use of any dangerous deemed necessary after conducting a
drug and/or controlled precursor and feasibility study in coordination with the
essential chemical based on factual data, DOH and other government agencies;
and disseminate the same to the general (l) Receive, gather, collect and evaluate all
public, for which purpose the Board shall information on the importation,
endeavor to make the general public aware exportation, production, manufacture, sale,
of the hazards of any dangerous drugs stocks, seizures of and the estimated need
and/or controlled precursor and essential for any dangerous drug and/or controlled
chemical by providing among others, precursor and essential chemical, for which
literature, films, displays or advertisements purpose the Board may require from any
and by coordinating with all institutions of official, instrumentality or agency of the
learning as well as with all national and government or any private person or
local enforcement agencies in planning and enterprise dealing in, or engaged in
conducting its educational campaign activities having to do with any dangerous
programs to be implemented by the drug and/or controlled precursors and
appropriate government agencies; essential chemicals such data or
(f) Conduct continuing seminars for, and information as it may need to implement
consultations with, and provide information this Act;
materials to judges and prosecutors in (m) Gather and prepare detailed statistics
coordination with the Office of the Court on the importation, exportation,
Administrator, in the case of judges, and manufacture, stocks, seizures of and
the DOJ, in the case of prosecutors, which estimates need for any dangerous drug
aim to provide them with the current and/or controlled precursors and essential
developments and programs of the Board chemicals and such other statistical data on
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Section 83. Organization of the PDEA. – The present (f) Establish forensic laboratories in each
Secretariat of the National Drug Law Enforcement PNP office in every province and city in
and Prevention Coordinating Center as created by order to facilitate action on seize or
Executive Order No. 61 shall be accordingly modified confiscated drugs, thereby hastening its 149
and absorbed by the PDEA. destruction without delay;
The Director General of the PDEA shall be (g) Recommend to the DOJ the forfeiture of
responsible for the necessary changes in the properties and other assets of persons
organizational set-up which shall be submitted to and/or corporations found to be violating
the Board for approval. the provisions of this Act and in accordance
For purposes of carrying out its duties and powers as with the pertinent provisions of the Anti-
provided for in the succeeding Section of this Act, Money-Laundering Act of 2001;
the PDEA shall have the following Services, namely: (h) Prepare for prosecution or cause the
Intelligence and Investigation; International filing of appropriate criminal and civil cases
Cooperation and Foreign Affairs; Preventive for violation of all laws on dangerous drugs,
Education and Community Involvement; Plans and controlled precursors and essential
Operations; Compliance; Legal and Prosecution; chemicals, and other similar controlled
Administrative and Human Resource; Financial substances, and assist, support and
Management; Logistics Management; and Internal coordinate with other government agencies
Affairs. for the proper and effective prosecution of
The PDEA shall establish and maintain regional the same;
offices in the different regions of the country which (i) Monitor and if warranted by
shall be responsible for the implementation of this circumstances, in coordination with the
Act and the policies, programs, and projects of said Philippine Postal Office and the Bureau of
agency in their respective regions. Customs, inspect all air cargo packages,
Section 84. Powers and Duties of the PDEA. – The parcels and mails in the central post office,
PDEA shall: which appear from the package and address
(a) Implement or cause the efficient and itself to be a possible importation of
effective implementation of the national dangerous drugs and/or controlled
drug control strategy formulated by the precursors and essential chemicals, through
Board thereby carrying out a national drug on-line or cyber shops via the internet or
campaign program which shall include drug cyberspace;
law enforcement, control and prevention (j) Conduct eradication programs to destroy
campaign with the assistance of concerned wild or illegal growth of plants from which
government agencies; dangerous drugs may be extracted;
(b) Undertake the enforcement of the (k) Initiate and undertake the formation of
provisions of Article II of this Act relative to a nationwide organization which shall
the unlawful acts and penalties involving coordinate and supervise all activities
any dangerous drug and/or controlled against drug abuse in every province, city,
precursor and essential chemical and municipality and barangay with the active
investigate all violators and other matters and direct participation of all such local
involved in the commission of any crime government units and nongovernmental
relative to the use, abuse or trafficking of organizations, including the citizenry,
any dangerous drug and/or controlled subject to the provisions of previously
precursor and essential chemical as formulated programs of action against
provided for in this Act and the provisions dangerous drugs;
of Presidential Decree No. 1619; (l) Establish and maintain a national drug
(c) Administer oath, issue subpoena and intelligence system in cooperation with law
subpoena duces tecum relative to the enforcement agencies, other government
conduct of investigation involving the agencies/offices and local government units
violations of this Act; that will assist in its apprehension of big-
(d) Arrest and apprehend as well as search time drug lords;
all violators and seize or confiscate, the (m) Establish and maintain close
effects or proceeds of the crimes as coordination, cooperation and linkages with
provided by law and take custody thereof, international drug control and
for this purpose the prosecutors and administration agencies and organizations,
enforcement agents are authorized to and implement the applicable provisions of
possess firearms, in accordance with international conventions and agreements
existing laws; related to dangerous drugs to which the
(e) Take charge and have custody of all Philippines is a signatory;
dangerous drugs and/or controlled (n) Create and maintain an efficient special
precursors and essential chemicals seized, enforcement unit to conduct an
confiscated or surrendered to any national, investigation, file charges and transmit
provincial or local law enforcement agency, evidence to the proper court, wherein
if no longer needed for purposes of members of the said unit shall possess
evidence in court; suitable and adequate firearms for their
CRIMINAL LAW REVIEWER
protection in connection with the affected shall have the option of either being
performance of their duties: Provided, That integrated into the PDEA or remain with their
150 no previous special permit for such original mother agencies and shall, thereafter, be
possession shall be required; immediately reassigned to other units therein by the
(o) Require all government and private head of such agencies. Such personnel who are
hospitals, clinics, doctors, dentists and transferred, absorbed and integrated in the PDEA
other practitioners to submit a report to it, shall be extended appointments to positions similar
in coordination with the Board, about all in rank, salary, and other emoluments and privileges
dangerous drugs and/or controlled granted to their respective positions in their original
precursors and essential chemicals which mother agencies.
they have attended to for data and The transfer, absorption and integration of the
information purposes; different offices and units provided for in this
(p) Coordinate with the Board for the Section shall take effect within eighteen (18) months
facilitation of the issuance of necessary from the effectivity of this Act: Provided, That
guidelines, rules and regulations for the personnel absorbed and on detail service shall be
proper implementation of this Act; given until five (5) years to finally decide to join the
(q) Initiate and undertake a national PDEA.
campaign for drug prevention and drug Nothing in this Act shall mean a diminution of the
control programs, where it may enlist the investigative powers of the NBI and the PNP on all
assistance of any department, bureau, other crimes as provided for in their respective
office, agency or instrumentality of the organic laws: Provided, however, That when the
government, including government-owned investigation being conducted by the NBI, PNP or any
and or –controlled corporations, in the anti- ad hoc anti-drug task force is found to be a violation
illegal drugs drive, which may include the of any of the provisions of this Act, the PDEA shall be
use of their respective personnel, facilities, the lead agency. The NBI, PNP or any of the task
and resources for a more resolute detection force shall immediately transfer the same to the
and investigation of drug-related crimes and PDEA: Provided, further, That the NBI, PNP and the
prosecution of the drug traffickers; and Bureau of Customs shall maintain close coordination
(r) Submit an annual and periodic reports to with the PDEA on all drug related matters.
the Board as may be required from time to ARTICLE X
time, and perform such other functions as Appropriations, Management of Funds and Annual
may be authorized or required under Report
existing laws and as directed by the Section 87. Appropriations. – The amount necessary
President himself/herself or as for the operation of the Board and the PDEA shall be
recommended by the congressional charged against the current year's appropriations of
committees concerned. the Board, the National Drug Law Enforcement and
Section 85. The PDEA Academy. – Upon the approval Prevention Coordinating Center, the Narcotics Group
of the Board, the PDEA Academy shall be established of the PNP, the Narcotics Division of the NBI and
either in Baguio or Tagaytay City, and in such other other drug abuse units of the different law
places as may be necessary. The PDEA Academy shall enforcement agencies integrated into the PDEA in
be responsible in the recruitment and training of all order to carry out the provisions of this Act.
PDEA agents and personnel. The Board shall provide Thereafter, such sums as may be necessary for the
for the qualifications and requirements of its recruits continued implementation of this Act shall be
who must be at least twenty-one (21) years old, of included in the annual General Appropriations Act.
proven integrity and honesty and a Baccalaureate All receipts derived from fines, fees and other
degree holder. income authorized and imposed in this Act, including
The graduates of the Academy shall later comprise ten percent (10%) of all unclaimed and forfeited
the operating units of the PDEA after the sweepstakes and lotto prizes but not less than
termination of the transition period of five (5) years twelve million pesos (P12,000,000.00) per year from
during which all the intelligence network and the Philippine Charity Sweepstakes Office (PCSO),
standard operating procedures of the PDEA has been are hereby constituted as a special account in the
set up and operationalized. general fund for the implementation of this Act:
The Academy shall be headed by a Superintendent, Provided, That no amount shall be disbursed to
with the rank of Director. He/she shall be appointed cover the operating expenses of the Board and other
by the PDEA Director General. concerned agencies: Provided, further, That at least
Section 86. Transfer, Absorption, and Integration of fifty percent (50%) of all the funds shall be reserved
All Operating Units on Illegal Drugs into the PDEA for assistance to government-owned and/or
and Transitory Provisions. – The Narcotics Group of operated rehabilitation centers.
the PNP, the Narcotics Division of the NBI and the The fines shall be remitted to the Board by the court
Customs Narcotics Interdiction Unit are hereby imposing such fines within thirty (30) days from the
abolished; however they shall continue with the finality of its decisions or orders. The unclaimed and
performance of their task as detail service with the forfeited prizes shall be turned over to the Board by
PDEA, subject to screening, until such time that the the PCSO within thirty (30) days after these are
organizational structure of the Agency is fully collected and declared forfeited.
operational and the number of graduates of the A portion of the funds generated by the Philippine
PDEA Academy is sufficient to do the task Amusement and Gaming Corporation (PAGCOR) in
themselves: Provided, That such personnel who are the amount of Five million pesos (P5,000,000.00) a
CRIMINAL LAW REVIEWER
month shall be set aside for the purpose of date of the filing of the information. Decision on said
establishing adequate drug rehabilitation centers in cases shall be rendered within a period of fifteen
the country and also for the maintenance and (15) days from the date of submission of the case for
operations of such centers: Provided, That the said resolution. 151
amount shall be taken from the fifty percent (50%) Section 91. Responsibility and Liability of Law
share of the National Government in the income of Enforcement Agencies and other Government
PAGCOR: Provided, further, That the said amount Officials and Employees in Testifying as Prosecution
shall automatically be remitted by PAGCOR to the Witnesses in Dangerous Drugs Cases. – Any member
Board. The amount shall, in turn, be disbursed by of law enforcement agencies or any other
the Dangerous Drugs Board, subject to the rules and government official and employee who, after due
regulations of the Commission on Audit (COA). notice, fails or refuses intentionally or negligently,
The fund may be augmented by grants, donations, to appear as a witness for the prosecution in any
and endowment from various sources, domestic or proceedings, involving violations of this Act, without
foreign, for purposes related to their functions, any valid reason, shall be punished with
subject to the existing guidelines set by the imprisonment of not less than twelve (12) years and
government. one (1) day to twenty (20) years and a fine of not
Section 88. Management of Funds Under this Act; less than Five hundred thousand pesos
Annual Report by the Board and the PDEA. – The (P500,000.00), in addition to the administrative
Board shall manage the funds as it may deem proper liability he/she may be meted out by his/her
for the attainment of the objectives of this Act. In immediate superior and/or appropriate body.
addition to the periodic reports as may be required The immediate superior of the member of the law
under this Act, the Chairman of the Board shall enforcement agency or any other government
submit to the President of the Philippines and to the employee mentioned in the preceding paragraph
presiding officers of both houses of Congress, within shall be penalized with imprisonment of not less
fifteen (15) days from the opening of the regular than two (2) months and one (1) day but not more
session, an annual report on the dangerous drugs than six (6) years and a fine of not less than Ten
situation in the country which shall include detailed thousand pesos (P10,000.00) but not more than Fifty
account of the programs and projects undertaken, thousand pesos (P50,000.00) and in addition,
statistics on crimes related to dangerous drugs, perpetual absolute disqualification from public
expenses incurred pursuant to the provisions of this office if despite due notice to them and to the
Act, recommended remedial legislation, if needed, witness concerned, the former does not exert
and such other relevant facts as it may deem proper reasonable effort to present the latter to the court.
to cite. The member of the law enforcement agency or any
Section 89. Auditing the Accounts and Expenses of other government employee mentioned in the
the Board and the PDEA. – All accounts and expenses preceding paragraphs shall not be transferred or re-
of the Board and the PDEA shall be audited by the assigned to any other government office located in
COA or its duly authorized representative. another territorial jurisdiction during the pendency
ARTICLE XI of the case in court. However, the concerned
Jurisdiction Over Dangerous Drugs Cases member of the law enforcement agency or
Section 90. Jurisdiction. – The Supreme Court shall government employee may be transferred or re-
designate special courts from among the existing assigned for compelling reasons: Provided, That
Regional Trial Courts in each judicial region to his/her immediate superior shall notify the court
exclusively try and hear cases involving violations of where the case is pending of the order to transfer or
this Act. The number of courts designated in each re-assign, within twenty-four (24) hours from its
judicial region shall be based on the population and approval; Provided, further, That his/her immediate
the number of cases pending in their respective superior shall be penalized with imprisonment of not
jurisdiction. less than two (2) months and one (1) day but not
The DOJ shall designate special prosecutors to more than six (6) years and a fine of not less than
exclusively handle cases involving violations of this Ten thousand pesos (P10,000.00) but not more than
Act. Fifty thousand pesos (P50,000.00) and in addition,
The preliminary investigation of cases filed under perpetual absolute disqualification from public
this Act shall be terminated within a period of thirty office, should he/she fail to notify the court of such
(30) days from the date of their filing. order to transfer or re-assign.
When the preliminary investigation is conducted by a Prosecution and punishment under this Section shall
public prosecutor and a probable cause is be without prejudice to any liability for violation of
established, the corresponding information shall be any existing law.
filed in court within twenty-four (24) hours from the Section 92. Delay and Bungling in the Prosecution of
termination of the investigation. If the preliminary Drug Cases. – Any government officer or employee
investigation is conducted by a judge and a probable tasked with the prosecution of drug-related cases
cause is found to exist, the corresponding under this act, who, through patent laxity,
information shall be filed by the proper prosecutor inexcusable neglect, unreasonable delay or
within forty-eight (48) hours from the date of deliberately causes the unsuccessful prosecution
receipt of the records of the case. and/or dismissal of the said drug cases, shall suffer
Trial of the case under this Section shall be finished the penalty of imprisonment ranging from twelve
by the court not later than sixty (60) days from the (12) years and one (1) day to twenty (20) years
CRIMINAL LAW REVIEWER
without prejudice to his/her prosecution under the (15) days from the last publication of such
pertinent provisions of the Revised Penal Code. notice;
152 Section 93. Reclassification, Addition or Removal of (d) In case of removal of a drug from the
Any Drug from the List of Dangerous Drugs. – The list of dangerous drugs and precursors and
Board shall have the power to reclassify, add to or essential chemicals, all persons convicted
remove from the list of dangerous drugs. and/or detained for the use and/or
Proceedings to reclassify, add, or remove a drug or possession of such a drug shall be
other substance may be initiated by the PDEA, the automatically released and all pending
DOH, or by petition from any interested party, criminal prosecution involving such a drug
including the manufacturer of a drug, a medical under this Act shall forthwith be dismissed;
society or association, a pharmacy association, a and
public interest group concerned with drug abuse, a (e) The Board shall, within five (5) days
national or local government agency, or an from the date of its promulgation submit to
individual citizen. When a petition is received by the Congress a detailed reclassification,
Board, it shall immediately begin its own addition, or removal of any drug from the
investigation of the drug. The PDEA also may begin list of dangerous drugs.
an investigation of a drug at any time based upon ARTICLE XII
the information received from law enforcement Implementing Rules and Regulations
laboratories, national and local law enforcement and Section 94. Implementing Rules and Regulations. –
regulatory agencies, or other sources of information. The present Board in consultation with the DOH,
The Board after notice and hearing shall consider the DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI, PAGCOR
following factors with respect to each substance and the PCSO and all other concerned government
proposed to be reclassified, added or removed from agencies shall promulgate within sixty (60) days the
control: Implementing Rules and Regulations that shall be
(a) Its actual or relative potential for abuse; necessary to implement the provisions of this Act.
(b) Scientific evidence of its ARTICLE XIII
pharmacological effect if known; Final Provisions
(c) The state of current scientific Section 95. Congressional Oversight Committee. –
knowledge regarding the drug or other There is hereby created a Congressional Oversight
substance; Committee composed of seven (7) Members from the
(d) Its history and current pattern of abuse; Senate and seven (7) Members from the House of
(e) The scope, duration, and significance of Representatives. The Members from the Senate shall
abuse; be appointed by the Senate President based on the
(f) Risk to public health; and proportional representation of the parties or
(g) Whether the substance is an immediate coalitions therein with at least two (2) Senators
precursor of a substance already controlled representing the Minority. The Members from the
under this Act. House of Representatives shall be appointed by the
The Board shall also take into accord the obligations Speaker, also based on proportional representation
and commitments to international treaties, of the parties or coalitions therein with at least two
conventions and agreements to which the Philippines (2) Members representing the Minority.
is a signatory. The Committee shall be headed by the respective
The Dangerous Drugs Board shall give notice to the Chairpersons of the Senate Committee on Public
general public of the public hearing of the Order and Illegal Drugs and the House of
reclassification, addition to or removal from the list Representatives Committee on Dangerous Drugs.
of any drug by publishing such notice in any Section 96. Powers and Functions of the Oversight
newspaper of general circulation once a week for Committee. – The Oversight Committee on
two (2) weeks. Dangerous Drugs shall, in aid of legislation, perform
The effect of such reclassification, addition or the following functions, among others:
removal shall be as follows: (a) To set the guidelines and overall
(a) In case a dangerous drug is reclassified framework to monitor and ensure the
as precursors and essential chemicals, the proper implementation of this Act;
penalties for the violations of this Act (b) To ensure transparency and require the
involving the two latter categories of drugs submission of reports from government
shall, in case of conviction, be imposed in agencies concerned on the conduct of
all pending criminal prosecutions; programs, projects and policies relating to
(b) In case a precursors and essential the implementation of this act;
chemicals is reclassified as dangerous drug, (c) To approve the budget for the programs
the penalties for violations of the Act of the Oversight Committee on Dangerous
involving precursors and essential chemicals Drugs and all disbursements therefrom,
shall, in case of conviction, be imposed in including compensation of all personnel;
all pending criminal prosecutions; (d) To submit periodic reports to the
(c) In case of the addition of a new drug to President of the Philippines and Congress on
the list of dangerous drugs and precursors the implementation of the provisions of this
and essential chemicals, no criminal Act;
liability involving the same under this Act (e) To determine inherent weaknesses in
shall arise until after the lapse of fifteen the law and recommend the necessary
CRIMINAL LAW REVIEWER