Liojlkk

PENALTIES Art. 21. Penalties that may be imposed.
–
No felony shall be punishable
What is a penalty? By any penalty
A punishment prescribed by law Not prescribed by law
Prior to the commission of the crime and Prior to its commission
Imposed by the court
Upon conviction of the accused What penalty shall be imposed upon a person found guilty of a crime?
Only the penalty prescribed by the law prior to the commission of the crime
What are the juridical conditions of a penalty? (L-J-D-P-E-C-P)
Prescribed by law prior to the What is the nature of this provision?
Legal
commission of the crime o Not a penal provision
Judicial Imposed by the court upon conviction o Neither defines a crime nor provides a punishment for one
Definite Cannot be uncertain or unconditional o A guaranty to the citizen of the State that no act of his will be considered
No one should be punished for the criminal unless the Government has made it so by law and has provided
crime of another a penalty
o No person shall be subject to criminal prosecution for any act of his until
Personal A person’s right of action dies with after the State has defined the misdemeanor or crime and has fixed a
the person. A penal action is not penalty therefor
given against an heir, unless, indeed,
such heir is benefitted by the wrong When may a crime be punished under a law passed after its commission?
Equal A penalty should apply equally to all o Provided that the new law is more favorable to the accused who is not a
Commensurate With the offense habitual delinquent (Art. 22)
Productive Of suffering o Apply Art. 5 RPC
o As long as that penalty remains in the statute books, and as long as our
criminal law provides for its imposition in certain cases, it is the duty of
What are the theories justifying a penalty? (P-S-R-E-J) judicial officers to respect and apply the law regardless of their private
opinions
The State must punish the criminal to o The discomfort faced by those forced by law to impose the death
prevent or suppress the danger to penalty is an ancient one, but it is a matter upon which judges have no
Preventive choice. Courts are not concerned with the wisdom, efficacy or morality
the State and to the public from the
criminal acts of the offender of laws
The State has the right to punish the
criminal as a measure of self-defense Art. 22. Retroactive effect of penal laws. –
Self-defense so as to protect society from the Penal laws shall have a
threat and wrong inflicted by the Retroactive effect insofar as
criminal They favor the persons guilty of a felony,
The object of punishment in criminal Who is not a habitual criminal,
cases is to correct and reform, as the As this term is defined in Rule 5 of Article 62 of this Code,
Reformation Although at the time of the publication of such laws
State has the duty to take care of and
reform the criminal A final sentence has been pronounced and
The criminal is punished to serve as The convict is serving the same
Exemplarity an example to deter others from
committing crimes What does this refer to?
Penalty rests on the theory that crime o Substantive penal laws
must be punished by the State as an o Incompetency and inadmissibility of confessions cannot be included in
Justice act of retributive justice, a the term “penal laws”
vindication of absolute right, and moral
law violated by the criminal When does the benefit of retroactivity and liberal construction of penal laws
accrue?
RAMOS, MARY LOUISE M. San beda college alabang – school of law

“Get your shit together. No one else will do it for you.” [1] Criminal law 1 2016: atty frias
G.R.: when penal laws are repealed NOTES:
Except: if the law violated by them expired by virtue of its own force, as it 1. The crime is obliterated where the new law does not punish the act
involved absolute repeal which was punishable under the old law.
2. What before was penalized by the old law was no longer punishable
What are the kinds of penal laws? under the present law
1. Absolute 3. A new statute dealing with crimes which establishes conditions more
a. Expressed lenient or favorable to the accused can be given a retroactive effect
b. Implied
2. Partial What are the effects of partial repeal?
3. Self-repeal 1. If the repealing law penalizes the same act punished by the repealed
law,
What are the effects of absolute repeal? The court retains the authority to try and sentence the accused under
1. Expressed the old law or the law existing at the time of its commission
When a law expressly repeals a prior law in absolute terms such that a
person’s conduct formerly denounced as a crime is no longer deemed 2. If the same act is punished by both the repealing and the repealed
criminal, the accused cannot be convicted of the act punished in the law and the penalty provided by the new law is lighter,
repealed law since it would be illogical for the court to sentence him for The accused shall be sentenced to suffer the penalty provided by the
an offense that no longer exists new law because a penal law may be given retroactive effect when it is
favorable to the accused, provided that:
2. Implied a. The accused is not a habitual delinquent; and
Where the repealing law entirely fails to penalize the acts which b. The new law does not prohibit retroactivity
constituted the offense defined and penalized in the repealed law, the
repeal carries with it the deprivation of the courts of jurisdiction to try, What is a self-repealing law?
convict and sentence persons charged with violations of the old law It is one that expires by its own terms and provisions.
prior to the repeal
What are the effects of a self-repealing law?
An absolute repeal of a penal law has the legal effect of obliterating the offense 1. The effect is the same as though it had been repealed at the time of its
from the statute books. expiration
The act is decriminalized. Hence, the court loses jurisdiction to try and decide the 2. It is a recognized rule that the repeal of a law carries with it the
case. deprivation of the courts of their jurisdiction to try, convict and sentence
If the accused is serving his sentence in prison, then he should be released. persons charged with violations of the law prior to the repeal
If the criminal action has not yet commenced in court, then the repeal bar the 3. The expiration of a self-repealing law has the same legal effect as an
filing of the criminal action in court. absolute repeal: obliterating the offense from the statute books
Effect on NOTES
The criminal case still The case shall be dismissed since the court 1. G.R.: One of the most fundamental characteristics of criminal law is that
pending in court loses jurisdiction to try and decide it in view of it should be prospective in character.
the obliteration of the offense from the statute Exception: Art. 22
books 2. The purpose of the provision of the law relating to its retroactivity is to
Service of sentence When the case is already decided by the court make amends for injustice to the fullest extent possible. If this be so with
and the accused is serving his sentence, he shall regard to a penalty deemed excessive, it should be considered so with
be released from detention for the same reason greater reason when one is deemed not to have committed a criminal
On the case not yet filed The criminal case can no longer be filed in act at all, and hence not liable to any penalty.
in court court since the act no longer constitutes a crime 3. Favorabiliab sunt amplianda, adiosa restrigenda
(Penal laws that are favorable to the accused are given retroactive
Exception: when the repealing law itself expressly provides that it shall neither effect)
apply to criminal cases still pending in court nor to convicts already serving their As long as this provision so remains in force, it is of general application
sentences. to all penal statutes, past, present, future, and furnishes the rule for
determining to what extent they are retroactive or merely prospective.
4. It is applicable to all general penal laws and no only to the Penal Code.
5. Courts are deemed to apply Art. 22 even if the accused has not invoked 5. assumes to regulate civil rights and remedies only, but in effect imposes
it. penalty or deprivation of a right for something which when done was
6. The retroactive application of penal laws favorable to the accused lawful
applies even if the sentence has become final and the accused is 6. deprives a person accused of a crime of some lawful protection to which
serving sentence insofar as it favors the person guilty of the penalty. he has become entitled, such as the protection of a former conviction or
7. In JJWA, the age of criminal irresponsibility has been raised from 9 to acquittal, or a proclamation of amnesty
15 years old.
8. In lieu of death penalty, the penalty of reclusion perpetua shall be Art. 23. Effect of pardon by the offended party. –
imposed. It shall impose life imprisonment when the law violated does A pardon by the offended party
not make use of the nomenclature of the penalties. Does not extinguish criminal action
9. The benefits of a retroactive application shall still be enjoyed by the Except as provided in article 344 of this Code;
accused who has been convicted of the violation of the Comprehensive But civil liability with regard to the
Dangerous Drugs Act, illegal possession of drugs or illegal possession Interest of the injured party is
of firearms because these crimes are not included in determining Extinguished by his
whether the accused is a habitual delinquent under Art. 62. Express waiver
10. Penal laws are not retroactive when expressly provided by the law itself.
11. It is unnecessary to retroactively apply a law when the penalty for the What are the two kinds/aspects of liability?
old law and the new law is the same. 1. Criminal
12. Penal laws not favorable to the accused cannot be given retroactive 2. Civil
application because it will violate the Constitutional mandate of Art. 100: Every person criminally liable is also civilly liable
prohibiting the passage of an ex post facto law.
13. The jurisdiction of a court to try a criminal action is to be determined by What is the nature of the criminal liability of the offender?
the law in force at the time of instituting the action, not at the time of the o The State seeks the imposition by the court of the penalty prescribed by
commission of the offense. the law at the time of the commission of the felony for it is a matter
wherein public interest is involved
Who is a habitual delinquent? o Even if the offended party pardons the offender, the State may still
If within a period of 10 years from continue to prosecute the criminal offender.
The date of his release or
Last conviction of the crimes of What is the nature/form of the civil liability of the offender? (R-R-I)
Serious or less physical injuries, 1. Restitution of the thing unlawfully taken
Robo, 2. Reparation of the damage caused
Hurto, 3. Indemnification for consequential damages
Estafa, or
Falsification, General Rule: Pardon by the offender does not extinguish the criminal action
He is found guilty of any because the criminal action of the offender is a matter wherein the State is
Of said crimes interested in. The offended party’s interest is limited to the enforcement of the
A third time or civil liability arising from the commission of the crime by the offender.
Oftener.
Exception: Pardon by the offended party under Art. 344 may constitute a bar to
What is an ex post facto law? the prosecution to the following private crimes: (S-A-C-A-L)
An ex-post facto law is one which: (M-A-C-A-D-A) 1. Adultery
1. makes criminal an act which, when committed, was not punishable 2. Concubinage
2. aggravates a crime, or makes it greater than it was, when committed 3. Seduction
3. changes the punishment and inflicts a greater punishment than the law 4. Abduction
existing at the time the crime was committed 5. Acts of lasciviousness
4. alters the legal rules of evidence, and authorizes conviction upon less or
different testimony than the law required at the time of the commission of What are the legal requirements in order that it may fall under the exception?
the offense For abduction, seduction, and acts of lasciviousness: (E-P)
1. It must be express

2. Done prior to the institution of the criminal action in court that it may extinguish the
For adultery and concubinage: (E-B-P) Except: criminal liability of the offender
1. May be express or implied (a) Election
2. Must include both parties (b) Impeachment
3. Must be done prior to the institution of the criminal action in court May be given only AFTER final Should be done PRIOR to the
judgment of conviction institution of the criminal action
Does said pardon extinguish criminal liability? May be given only to ONE Must extend to BOTH
NO. It constitutes only a bar to the prosecution thereof. Pardon is not one of the convict offenders in the cases of
grounds for the extinguishment of criminal liability under Art. 89 of the RPC. adultery and concubinage
Express pardon may be made: Art. 24. Measures of prevention or safety which are not considered
(1) In writing penalties. –
(2) In an affidavit
The following shall not be considered as penalties:
Asserting that the offended party is pardoning his or her erring spouse AND
1. The arrest and temporary detention of accused persons,
paramour for their adulterous act
As well as their detention by reason of insanity or imbecility, or
Illness requiring their confinement in a hospital
Implied pardon
When the offended party continued to live with his spouse even after the
2. Sec. 36, Pars. 2 and 3 of RA 9344 which provides that:
commission of the offense.
“Whenever detention is necessary, a child will always be detained in
However, subsequent acts of the complainant may show that he changed his
youth detention homes established by local governments,
mind and decide to continue with the prosecution. If this is the case, there is
Pursuant to Section 8 of the Family Courts Act,
neither express nor implied pardon
In the city or municipality where the child resides.
In the absence of a youth detention home,
NOTES
The child in conflict with law may be committed to the
1. Express waiver by the offended party may extinguish the civil liability of
Care of the DSWD or
the accused
A local rehabilitation center recognized by the government in the
2. An affidavit of desistance by itself is not a ground for the dismissal of the
Province, city or municipality
criminal case once the action has been instituted
Within the jurisdiction of the court.
3. In a prosecution for adultery, there is no implied pardon when the
The center or agency concerned shall be responsible for
husband allowed his wife, after her arrest, to live in the conjugal home,
The child’s appearance to court whenever required.”
only to take care of the children
4. Express condonation by the offended party has the effect of waiving civil
3. Suspension from the employment or
liability with regard to the interest of the offended party
Public during
5. Only civil liability may be waived
During the trial
6. The Anti-Rape Law of 1997: In case it is the legal husband who is the
In order to institute proceedings
offender, the subsequent forgiveness by the wife as the offended party
shall extinguish the criminal action or the penalty.
4. Fines and other corrective measures which,
Provided, that the crime shall not be extinguished or the penalty shall
In the exercise of their administrative or disciplinary powers,
not be abated if the marriage is void ab initio.
Superior officials may impose upon their subordinates
Pardon by the Chief Executive vs. Pardon by the Offended Party
5. Deprivation of rights and
The reparations which
Pardon by the Chief Executive Pardon by the Offended Party The civil law may establish in
Extinguishes the criminal Does NOT extinguish criminal Penal form
liability of the accused liability
Does NOT extinguish civil MAY extinguish civil liability Is the list exclusive?
liability NO. There are also other measures of prevention or safety which are provided by
May be extended to ALL May extend ONLY to private special laws:
crimes crimes or those that cannot be
prosecuted de oficio in order
a. Commitment of a drug dependent to a center for rehabilitation or Temporary special disqualification
treatment under DDA Prision mayor
b. Commitment of a CICL to a rehabilitation center pursuant to JJWA Prision correccional
Arresto mayor
NOTES Suspension
1. The arrest and temporary detention of accused persons are not Destierro
considered penalties Arresto menor
2. Suspension from employment or public office during the trial or in order
to institute proceedings is merely a preventive measure and shall not be DEFINITIONS
considered as a penalty. Hence, the Constitutional prohibition against 1. Principal penalties – those expressly specified in the judgment of
ex post facto laws does not apply. conviction
It is not a penalty because it is not imposed as a result of judicial 2. Accessory penalties – those deemed included in the principal penalty
proceedings. and do not have to be expressly specified in the judgment of conviction
3. Indivisible penalties – those that have no fixed duration and therefore
Art. 25. Penalties which may be imposed. – cannot be divided into three periods
The penalties which may be imposed, according to this Code, 4. Divisible penalties – those that have a fixed duration and therefore
And their different classes, are those included in the following: can be divided into three periods
Principal Penalties Cadena Perpetua

Capital Punishment Death o Convicts serving this sentence shall always carry a chain at the ankle,
Reclusion perpetua hanging from the waist; they shall be employed in hard and burdensome
Reclusion temporal labor, and shall not receive any assistance whatsoever from without the
Afflictive Penalties Perpetual or temporary absolute disqualification institution
Perpetual or temporary special disqualification o This was already abolished by the RPC
Prision mayor
Prision correccional There is no penalty of life imprisonment under the RPC
Arresto mayor o It does not carry an accessory penalty
Correctional Penalties
Suspension o Does not appear to have any definite extent or duration
Destierro o Vs. Reclusion perpetua: entails imprisonment for at least 30 years after
Arresto menor which the convict becomes eligible for pardon, carrying with it accessory
Light Penalties penalties as well
Public censure
Penalties common to the Find
NOTES
three preceding classes Bond to keep the peace
1. Public censure is inconsistent with acquittal because it is a penalty
Accessory Penalties
2. While acquitting the accused, the court may criticize or reprehend the
1) Perpetual or temporary absolute disqualification acts and conduct of the accused in order to avoid the impression that
2) Perpetual or temporary special disqualification
the court approves of his committing the act
3) Suspension from:
a. Public office
b. The right to vote and be voted for Art. 26. Fine. - When afflictive, correctional, or light penalty. –
A fine, whether imposed as a single or as an alternative penalty,
c. Profession, or
Shall be considered an afflictive penalty, if it exceeds 6,000 pesos;
d. Calling
A correctional penalty, if it does not exceed 6,000 pesos but is not less than 200
4) Civil interdiction
5) Indemnification pesos; and
6) Forfeiture or confiscation of instruments and proceeds of the offense A light penalty; if it be less than 200 pesos.
7) Payment of cost
Death NOTES
Indivisible Reclusion Perpetua 1. It has nothing to do with the definition of felonies. It merely classifies fine
Public censure when imposed as a principal penalty, whether single or in the alternative
Divisible Reclusion temporal 2. Fine as a penalty cannot be reduced or converted into a prison term

3. It is to be considered as a separate and independent penalty Penalty Duration
4. Art. 26 provides the classification, Art. 90 indications when such Reclusion Perpetua 20 years and 1 day – 40 years
classification should be applied. (This remains an indivisible penalty
despite specifying the duration)
Art. 27. Reclusion perpetua. – Reclusion temporal 12 years and 1 day – 20 years
Any person sentenced to any of the perpetual penalties Prision mayor 6 years and 1 day – 12 years
Shall be pardoned after Temporary disqualification
Undergoing the penalty for thirty years, Prision correccional 6 months and 1 day – 6 years
Unless such person Suspension
By reason of his conduct or Destierro
Some other serious cause Arresto mayor 1 month and 1 day – 6 months
Shall be considered by Arresto menor 1 day to 30 days
The Chief Executive as Bond to keep the peace Determined by court
Unworthy of pardon
Art. 28. Computation of penalties. –
Reclusion temporal. –
If the offender shall be in prison,
The penalty of reclusion temporal
The term of the duration of the temporary penalties
Shall be from 12 years and 1 day to
Shall be computed from the day
20 years
On which the judgment of conviction
Shall have become final.
Prision mayor and temporary disqualification. –
The duration of the penalties of prision mayor and
If the offender be not in prison,
Temporary disqualification shall be from
The term of the duration of the penalty
6 years and 1 day to 12 years, Consisting of deprivation of liberty
Except when the penalty of
Shall be computed from the day
Disqualification is imposed as an accessory penalty,
That the offender is placed
In which case,
At the disposal of the
Its duration shall be that of the principal penalty Judicial authorities for the
Enforcement of the penalty.
Prision correccional, suspension, and destierro. –
The duration of the penalties of
The duration of the other penalties
Prision correccional, Shall be computed only from
Suspension and
The day on which
Destierro
The defendant commences
Shall be from 6 months and 1 day to 6 years,
To serve his sentence.
Except when suspension is imposed as an accessory penalty,
In which case,
Its duration shall be that of the principal penalty Art. 29. Period of preventive imprisonment deduced from term of
imprisonment. –
Arresto mayor. – Offenders or accused who have
The duration of the penalty of arresto mayor shall be from Undergone preventive imprisonment shall be
1 month and 1 day to 6 months Credited in the service of their sentence
Consisting of deprivation of liberty,
Arresto menor. – With the full time during which they have
The duration of the penalty of arresto menor shall be from 1 day to 30 days Undergone preventive imprisonment,
If the detention prisoner agrees
Bond to keep the peace. – Voluntarily in writing
The bond to keep the peace shall be required to cover such period of time To abide by
As the court may determine The same disciplinary rules
Imposed upon convicted prisoners
Except in the following cases: 5. It applies to destierro
1. When they are recidivists, 6. Accused must be released after having undergone preventive
Or have been convicted previously imprisonment for a period of more than the possible maximum
Twice or more times or imprisonment to which he may be sentenced
Any crime; and 7. RA 9344 no longer requires that the CICL should voluntarily agree in
2. When upon being summoned for the execution of their sentence writing that he will abide by the same disciplinary rules for convicted
They have failed to surrender voluntarily prisoners.
8. A drug dependent who is not rehabilitated after his second commitment
If the detention prisoner in a center under the voluntary submission program shall, upon
Does not agree to abide by conviction, be credited in the service of his sentence for the period of
The same disciplinary rules the confinement and rehabilitation he has undergone in the center
Imposed upon convicted prisoners, 9. RA 9165 no longer requires that the drug dependent should voluntarily
He shall be credited in the service of his sentence agree in writing that he abide by the same disciplinary rules imposed
With 4/5 of the time upon convicted prisoners
During which he has undergone 10. When the preventive imprisonment undergone by the accused is equal
Preventive imprisonment. to or more than the penalty prescribed by the law for the crime with
(As amended by RA 6127, June 17, 1970) which he is charged, he shall be released
Whenever an accused What is ‘destierro’?

Has undergone preventive imprisonment Banishment or only a prohibition from
For a period equal to or Residing within the radius of 25 kilometers from
More than the possible maximum imprisonment of The actual residence of the accused for a specified length of time.
The offense charged to which he may be sentenced and It is nonetheless a deprivation of liberty.
His case is not yet terminated,
He shall be released immediately Detention prisoners who are entitled to 4/5 credit of their preventive
Without prejudice to the imprisonment in the service of their sentence
Continuation of the trial thereof or 1. Recidivists, or those who have been convicted previously twice or more
The proceeding on appeal, times of any crime;
If the same is under review. 2. Those who, upon being summoned for the execution of their sentence,
In case the maximum penalty failed to surrender voluntarily
To which the accused may be sentenced is
Destierro, Art. 30. Effects of the penalties of perpetual or temporary absolute
He shall be released after disqualification. –
30 days of preventive imprisonment. The penalties of perpetual or temporary absolute disqualification for public office
(As amended by EO 214, July 10, 1988) shall produce the following effects:
1. The deprivation of the public offices and employments which the
What is preventive imprisonment? offender may have held, even if conferred by popular election.
A kind of imprisonment undergone by the accused while his case is pending trial 2. The deprivation of the right to vote in any election for any popular
either because the charge against him is not bailable or if bailable, he cannot elective office to be elected to such office.
post bail for his provisional liberty. 3. The disqualification for the offices or public employments and for the
exercise of any of the rights mentioned.
NOTES In case of temporary disqualification, such disqualification as is
1. It applies to detention prisoners comprised in paragraphs 2 and 3 of this Article shall last during the term
2. It applies to those accused detained in the NBI of the sentence.
3. The period of preventive imprisonment may be fully deduced from the 4. The loss of all rights to retirement pay or other pension for ay office
service of his sentence even if penalized with reclusion perpetua formerly held.
4. The convict is entitled to be credited with the full time of his preventive
imprisonment if there is no evidence that he did not agree to abide by
the same disciplinary rules imposed upon convicted prisonners

What is ‘perpetual disqualification’? The person suspended from holding public office shall not hold another having
It entails “the deprivation of the public offices and employments which the similar functions during the period of his suspension.
offender may have held, even if conferred by popular election.”
Art. 34. Civil Interdiction. –
Perpetual Absolute Disqualification Civil interdiction shall deprive the offender during the time of his sentence of the
It covers that of removal from the office which each of the respondent municipal rights of parental authority, or guardianship, either as to the person or property of
officials holds. any ward, of marital authority, of the right to manage his property, and of the right
to dispose of such property by any act of any conveyance inter vivos.
Temporary Absolute Disqualification
Disqualifies or bars the convict from public office and from the right to vote, such
disqualification to last only during the term of the sentence. Art. 35. Effects of bond to keep the peace. –
As an accessory: the duration is the same as that of the principal penalty It shall be the duty of any person sentenced to give bond to keep the peace, to
present two sufficient sureties who shall undertake that such person will not
commit the offense sought to be prevented, and that in case such offense be
Art. 31. Effects of the penalties of perpetual or temporary special
committed they will pay the amount determined by the court in its judgment, or
disqualification. –
otherwise to deposit such amount in the office of the clerk of the court to
The penalties of perpetual or temporary special disqualification for public office, guarantee said undertaking.
profession or calling shall produce the following effects:
1. The deprivation of the office, employment, profession or calling affected The court shall determine, according to its discretion, the period of duration of the
2. The disqualification for holding similar offices or employments either bond.
perpetually or during the term of the sentence, according to the extent of
such disqualification Should the person sentenced to fail to give the bond as required he shall be
detained for a period which shall in no case exceed 6 months, if he shall have
Art. 32. Effects of the penalties of perpetual or temporary special been prosecuted for a grave or less grave felony, and shall not exceed thirty
disqualification for the exercise of the right of suffrage. – exceed 30 days, if for a light felony.
The perpetual or temporary special disqualification for the exercise of the right of
suffrage shall deprive the offender perpetually or during the term of the sentence, Art. 36. Pardon; its effects. –
according to the nature of said penalty, of the right to vote in any popular election
A pardon shall not work the restoration of the right to hold public office, or the
for any public office or to be elected to such office.
right of suffrage, unless such rights be expressly restored by the terms of the
Moreover, the offender shall not be permitted to hold any public office during the
pardon.
period of disqualification.
A pardon shall in no case exempt the culprit from the payment of the civil
NOTES: indemnity imposed upon him by the sentence.
1. A person suffering from these ineligibilities is ineligible to run for elective
public office, and commits a false material representation if he states in
What are the features of pardon by the Chief Executive?
his certificate of candidacy that he is eligible to so run.
1. Discretionary upon the Chief Executive
2. The manifest purpose of such restrictions upon this right is to preserve 2. A private act of the Chief Executive which must be proved and pleaded
the purity of elections.
by the person pardoned
3. Presumption: one who is rendered infamous by the conviction of a
3. Pardon can be granted only after a final judgment of conviction
felony or whose base offense indicates moral turpitude, is unfit to 4. Looks forward and relieves the offender of the consequences of the
exercise the privilege of suffrage or to hold office. This is imposed for offense for which he has been convicted
the protection and not for punishment, the withholding of a privilege and 5. Does not restore the accused’s right to hold public office or the right of
not the denial of a personal right.
suffrage unless it is expressly restored by the terms of the pardon
6. Does not exempt the accused from payment of civil indemnity imposed
Art. 33. Effects of the penalties of suspension from any public office, upon him by the court
profession or calling, or the right of suffrage. – 7. Does not extend to impeachment cases
The suspension from public office, profession or calling, and the exercise of the 8. No pardon for violation of election laws, rules, and regulations shall be
right of suffrage shall disqualify the offender from holding such office or granted by the President without the favorable recommendation of the
exercising such profession or calling or right of suffrage during the term of the COMELEC.
sentence.

Pardon by the Chief Executive vs. Pardon by the Offended Party Principal Penalty Subsidiary Imprisonment
Pardon by the Chief Executive Pardon by the Offended Party He shall remain under confinement
Extinguishes the criminal liability of Generally does not extinguish the until his fine is satisfied
the accused criminal liability of the accused
Does not extinguish the civil liability May extinguish the criminal liability of His subsidiary imprisonment shall not
Prision correccional
of the accused the accused exceed 1/3 of the term of the
Arresto and fine
May be extended to all crimes May extend only to private crimes or sentence, and in no case shall it
Except: election and impeachment those that cannot be prosecuted de continue for more than 1 year, and no
cases oficio in order that it may extinguish fraction or part of a day shall be
the criminal liability of the offender counted against the prisoner
May be given only after the final Should be done prior to the institution Shall not exceed 6 months
judgment of conviction of the criminal action in court If the culprit shall have been
May be given only to one convict Must extend to both offenders in the prosecuted for a grave or less grave
cases of adultery and concubinage Fine felony, and
May a convict who has fully served his sentence still be granted absolute Shall not exceed 15 days if for a light
pardon? felony
o YES. Absolute pardon removes what is left of the consequences of No subsidiary imprisonment shall be
Higher than prision correccional
conviction. imposed
o Not only does it blots out the crime committed, but removes all The convict,
disabilities resulting from the conviction. During the period of time established
Not executed by confinement in a
o Imprisonment is not the only punishment which the law imposes upon penal institution
in the preceding rules shall continue
those who violate its command. There are accessory and resultant to suffer the same deprivations as
But such penalty is of fixed duration
disabilities, and the pardoning power likewise extends to such those of which the principal penalty
disabilities. Absolute pardon removes all that is left of the consequences consists
of conviction.
Rule 5: The subsidiary personal liability which the convict may have suffered by
Art. 37. Costs – What are included. – reason of his insolvency shall not relieve him from the fine in case his financial
Costs shall include fees and indemnities in the course of the judicial proceedings, circumstances should improve.
whether they be fixed or unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule. What is a subsidiary penalty?
The penalty suffered by the convict when he does not have sufficient property to
meet his pecuniary liability of fine under Article 38 of the RPC.
Art. 38. Pecuniary liabilities. - Order of payment. –
In case the property of the offender should not be sufficient for the payment of all NOTES:
his pecuniary liabilities, the same shall be met in the following order: 1. It must be expressly imposed in the judgment of conviction
1. The reparation of the damage caused 2. The inclusion in the amended decision of the penalty of subsidiary
2. Indemnification of consequential damages imprisonment which is imposed upon the accused to be served by him,
3. The fine in lieu of the fine in case of insolvency, is a substantial amendment of
4. The costs of the proceedings the previous penalty imposed which cannot, after the decision has
become final, be made by the trial court
Art. 39. Subsidiary penalty. – 3. It is a penalty imposed upon the accused and served by him in lieu of
the fine which he fails to pay on account of insolvency
If the convict has no property with which to meet the fine mentioned in paragraph 4. The accused has to choose to pay the fine or serve in jail
3 of the next preceding article, he shall be subject to a subsidiary personal 5. An accused cannot be subjected to subsidiary imprisonment in case of
liability at the rate of one day for each amount equivalent to the highest minimum insolvency to pay his civil liability
wage rate prevailing in the Philippines at the time of the rendition of judgment of 6. When the principal penalty imposed is reclusion perpetua, no subsidiary
conviction by the trial court, subject to the following rules: imprisonment shall be imposed upon the culprit.

7. When the convict is sentenced to life imprisonment, the imposition of Suspension from public office, from
subsidiary imprisonment in case of non-payment of the fine is improper. the right to follow a profession or
8. Where the offense was punished with a correctional penalty, it calling
prescribed in 10 years, notwithstanding that the subsidiary
imprisonment could not exceed 6 months. The rule on prescription (as Perpetual special disqualification,
to fines) does not refer to subsidiary imprisonment. Prision correccional from the right of suffrage, if the
9. Applicable to special laws in a suppletory character duration of said imprisonment shall
o Prohibition of fishing with the use of explosives exceed 18 months
o Violations of BP 22
o Violations of the Revised Motor Vehicle Law (Dismissal is NOT an accessory
10. May be given retroactive application because it is more favorable to the penalty)
accused Suspension of the right to hold office
11. The duration of subsidiary imprisonment is computed at the rate of 1 Arresto Right of suffrage during the term of
day for each amount equivalent to the highest minimum wage at the the sentence
time of rendition of the judgment of conviction by the trial court Confiscation and forfeiture of the:
(instead of 1 day/P8.00) o Proceeds
o Instruments
Instances when subsidiary imprisonment cannot be imposed (R-I-C-P) o Tools
1. Reparation of the damage caused With which it was committed
2. Indemnification of the consequential damages
3. Costs of the proceedings Every penalty imposed for the
Such proceeds and instruments or
4. When the principal penalty imposed is higher than prision correccional commission of a felony
tools shall be confiscated and
forfeited in favor of the Government,
PENALTIES IN WHICH OTHER ACCESSORY PENALTIES ARE INHERENT unless they be the property of a third
It must be understood that the accessory penalties are also imposed upon the person not liable for the offense, but
convict under these principal penalties. It is therefore unnecessary to express the those articles which are not subject of
accessory penalties in the sentence. lawful commerce shall be destroyed
Articles 40-45
Reclusion Perpetua Life Imprisonment
Principal Penalty Accessory Penalties Carries with it accessory penalties Does not carry accessory penalties
Perpetual absolute disqualification Imprisonment for at least 30 years Does not appear to have any definite
Civil interdiction after which the convict becomes extent or duration
During the 30 years following the eligible for pardon
Death
date of the sentence unless such Example: penalty prescribed by the
penalties have been expressly Dangerous Drugs Act
remitted in the pardon
Civil interdiction for life or during the NOTES:
period of the sentence as the case 1. The proceeds of the crime, instruments or tools in the commission
may be thereof must be submitted in evidence or placed at the disposal of the
Reclusion perpetua court before it may make disposition thereof
Perpetual absolute disqualification 2. The court having jurisdiction of the offense has also the jurisdiction to
Reclusion temporal
even though pardoned as to the determine the disposition of such proceeds, tools, or instruments, and it
principal penalty, is its duty to dispose of the same upon application of any person
Unless the same shall have been interested
expressly remitted in the pardon 3. It is necessary that such instruments or tools be submitted in evidence
Temporary absolute disqualification or be placed at the disposal of the court in such manner that it can be
Prision mayor Perpetual special disqualification said that they are within its jurisdiction. Otherwise, the court is bereft of
from the right of suffrage power to pass upon the disposition of said instruments or tools.

4. Forfeiture shall not be effected if there is no proof that the property Art. 48. Penalty for complex crimes. –
subject of the crime belongs to the accused When a single act constitutes two or more grave or less grave felonies,
5. Forfeiture may not be effected if the property used in the commission of Or when an offense is a necessary means for committing the other,
the offense belongs to a third person not liable therefor The penalty for the most serious crime shall be imposed,
6. The firearm lawfully owned by the security agency used by its security The same to be applied in its maximum period.
guard in committing the crime of murder should be returned to the
security agency What are complex crimes?
7. Art. 45 may be applied in a suppletory character to violations of special Crimes are complex when:
laws a) A single act constitutes two or more grave or less grave felonies, or
b) When an offense is a necessary means for committing another offense
Art. 46. Penalty to be imposed upon principals in general. –
The penalty prescribed by law for the commission of a felony shall be imposed NOTES:
upon the principals in the commission of such felony. 1. As opposed to a simple crime where only one juridical right or interest is
violated, a complex crime constitutes a violation of diverse juridical
Whenever the law prescribes a penalty for a felony in general terms, it shall be rights or interests by means of diverse acts, each of which is a simple
understood as applicable to the consummated felony. crime in itself.
2. The component crimes are considered as elements of a single crime,
NOTES: the complex crime.
1. The penalty prescribed by the law shall be imposed upon the principal in 3. Reason: When 2 or more crimes are the result of a single act, the
a consummated stage except when the law provides otherwise. offender is deemed less perverse than when he commits said crimes
2. This does not apply to an accomplice or an accessory or in the through separate and distinct acts. Instead of sentencing him for each
frustrated or consummated stage. crime independently from the other, he must suffer the maximum of the
penalty for the more serious one, on the assumption that it is less grave
Art. 47. In what cases the death penalty shall not be imposed; Automatic than the sum total of the separate penalties for each offense.
review of the death penalty cases. – 4. Although two or more crimes are actually committed, they constitute
The death penalty shall be imposed in all cases in which it must be imposed only one crime in the eyes of the law as well as in the conscience of the
under existing laws, except when the guilty person is below 18 years of age at offender. Hence, there is only one penalty imposed for the commission
the time of the commission of the crime or is more than 70 years or when upon of a complex crime.
appeal or automatic review of the case by the Supreme Court, the required 5. Rationale: the accused who commits two crimes with a single criminal
majority vote is not obtained for the imposition of the death penalty, in which impulse demonstrates lesser perversity than when the crimes are
cases the penalty shall be reclusion perpetua. committed by different acts and several criminal resolutions.
In all cases where the death penalty is imposed by the trial court, the records What are the two kinds of complex crimes?
shall be forwarded to the Supreme Court for automatic review and judgment by 1. Compound crime (delito compuesto) – when a single act constitutes
the Court en banc, within 20 days but not earlier than 15 days after promulgation two or more grave or less grave offenses
of the judgment or notice of denial of any motion for new trial or reconsideration. 2. Complex crime proper ( – when an offense is a necessary means for
The transcript shall also be forwarded within 10 days from the filing thereof by the committing the other
stenographic reporter. Penalty to be imposed: the penalty for the most serious crime applied in its
maximum period
Republic Act No. 9346
(An Act Prohibiting the Imposition of the Death Penalty) Composite crimes or Special Complex Crimes
Approved by President Gloria Macapagal-Arroyo Where the law provides a single penalty for two or more component offense
June 24, 2006 (Rh-Rr-Ks-Kmh-Rh)
1. Robbery with homicide
In lieu of the death penalty, the following shall be imposed: 2. Robbery with rape
1. Reclusion perpetua – when the law violated makes use of the 3. Kidnapping with serious physical injuries
nomenclature of the penalties of the RPC 4. Kidnapping with murder or homicide
2. Life imprisonment – when the law violated does not make use of the 5. Rape with homicide
nomenclature of the penalties of the RPC

NOTE: The prosecution must necessarily prove each of the component offense 3. Throwing a grenade + death of another person +
with the same precision that would be necessary if they were made the subject of injured four others = murder (qualified by means of
separate complaints. explosion) and multiple attempted murders
Composite crime vs Compound/Complex Crime Direct assault cannot be complexed if the physical injury
inflicted upon a person in authority does not appear to be
Composite crime Compound or complex a grave or less grave felony.
crime
Fixed by law NOT specified but generalized Double Murder: the single act of burning the house of
(grave or less grave felonies) Manuel, with the main objective of killing the latter and his
Composition or one offense being the daughter, resulting in their deaths
necessary means to commit
the other Murder with Frustrated Murder: A single shot hit both
Specific Corresponding to the most victims. One died, the other got wounded on the leg.
Penalty serious offense, to be imposed Lawas ruling – (E-I)
in the maximum period 1. No absolute evidence as to the identity and
Light felonies Absorbed May be the subject of a Multiple number of persons killed by each accused
accompanied separate information Homicide 2. No intent on the part of the accused to fire at
each and every victim separately and distinctly
COMPOUND CRIME from each other
(Delito compuesto) There are as many crimes of libel as there are persons
Exists when a single act constitutes two or more grave or less grave felonies libeled provided that the persons libeled are specified and
identified
Libel
Crime Doctrines
Taking 2 roosters belonging to 2 persons located at the The computation of the number is NOT the publication but
same yard was in response to the unity of though in the the writing or composing of the libel.
criminal purposes on one occasion and, therefore, Oral defamation against 3 lawyers designated only by
Theft constituted only one crime of theft Oral Defamation their common surname should be regarded only as one
crime (ex. Merrera lawyers)
Taking of 6 roosters in a cop constitutes a single crime of Not complexed in treason when they are alleged as
theft elements of treason
When several victims died from several shots, the crimes
of homicide or murder are separate and distinct Treason Where the killing is charged as an element of treason, it
becomes identified with the latter crime and cannot be the
IMPORTANT: the factor that must be taken into subject of a separate punishment, or used in combination
consideration in determining whether the resulting crimes with treason to increase the penalty.
are complex or separate and distinct is that: Cannot be complexed with rebellion if committed in
Each death caused or physical injuries inflicted upon the furtherance of rebellion
victims correspond to a distinct and separate shot fired by
Homicide/Murder the accused who then made himself criminally liable for as Any person who promotes, maintains or heads a rebellion
many offenses as those resulting from every single act or insurrection or who, while holding any public office or
that produces the same employment takes part therein:
Rebellion 1. Engaging in war against the forces of the
Examples government
1. Single bullet successively killed two victims 2. Destroying property
2. A single act of hacking Nido  killed Nido + 3. Committing serious violence
wounded his wife = complex crime of murder with 4. Exacting contributions
less serious physical injuries 5. Diverting public funds from the lawful purpose for
which they have been appropriated

Reason: these expressions imply everything that war o “by reason”  covers homicide committed before
connotes: resort to arms, requisition of property and or after the taking of personal property of another
services, collection of taxes and contributions, restraint of o As long as the motive of the offender in killing a
liberty etc. It is worse than war in the international sense. person before the robbery is to deprive the victim
of his personal property which is sought to be
Common crimes committed for a private purpose or profit accomplished by:
without any political motive are separate and distinct from o Eliminating an obstacle or opposition
rebellion. o Killing a person after the robbery to do
away with a witness or to defend the
ABSORBS: possession of the stolen property
1. Illegal possession of firearms o What is essential: there be a direct relation and
2. Force and violence are necessary ingredients intimate connection between robbery and killing,
whether both crimes be committed at the same
What are political crimes? time
o Those directly aimed against the political order, as well as such o When death does not supervene on the occasion
common crimes as may be committed to achieve a political purpose. of or by reason of the robbery, the accused
o The decisive factor is the intent or motive. should be liable for separate crimes of robbery
o If a crime usually regarded as common, like homicide, is perpetrated for and attempted or frustrated homicide or murder
the purpose of removing from the allegiance “to the Government the
territory of the Philippine Islands or any part thereof,” then said offense No special complex crimes of:
becomes stripped off its common complexion, inasmuch as, being part 1. Robbery with double homicide
and parcel of the crime of rebellion, the former acquires the political 2. Robbery with homicide and frustrated/attempted
character of the latter. homicide (absorbs all other acts producing
o Common crimes, perpetrated in furtherance of a political offense, are anything short of death)
divested of their character and assume the political complexion of the 3. Robbery with homicide and physical injuries. The
main crime of which they are mere ingredients and consequently, aspect of physical injuries is already merged.
cannot be punished separately from the principal offense or complexed
with the same, to justify the imposition of a graver penalty Distinguished from Robbery AND Homicide
o If the original design was not to commit robbery
Special Complex but robbery was committed after homicide as an
Doctrines afterthought as a minor incident in the homicide,
Crimes
o Homicide is to be understood in its generic sense it constitutes two distinct offenses.
Rape with Homicide o Includes murder and slight physical injuries o Rule: where a complex crime is charged and the
committed by reason or on occasion of the rape evidence fails to support the charge as to one of
o Aggravating circumstance of treachery is to be the component offenses, the defendant can be
considered as a generic aggravating convicted of the other.
circumstance only o Where the defendant is charged with robbery
o Homicide is used in its generic sense with homicide, he may be convicted of one of
them.
Elements: (VA-AH) Where the person kidnapped is killed in the course of
Robbery with 1. The taking of personal property is committed with the detention, regardless of whether the killing was
Homicide violence or intimidation against a person purposely sought or was merely an afterthought, the
2. Property taken belongs to another kidnapping and murder or homicide can no longer be
3. Taking is done with animo lucrandi Kidnapping with complexed nor treated as separate crimes
4. By reason of the robbery or on occasion thereof, Murder or Homicide
homicide is committed The crime is simple murder when the main purpose of
the accused is to kill the victim and kidnapping was
o Special complex crime against property only an incident or means to commit to crime of
murder. If nothing was done or said to show that the

captors intended to deprive her of her liberty for some o It does not connote “indispensable means”
time, the intention to kidnap is not present. o Before the falsified document is actually utilized to defraud another, the
Where the victim was taken from one place to another, crime of falsification has already been consummated, damage or intent
solely for the purpose of killing him and not for to cause damage not being an element of the crime of falsification of a
detaining him for any length of time or for the purpose public, official or commercial documents
of obtaining ransom, the crime committed is murder o Damage or prejudice to the victim was not caused by the falsification of
and not the complex crime. the document, but by the subsequent use of the said document.
o The situation would have been different if the damage would have been
There must be an appreciable interval between their caused by, and at exactly the same time as, the execution of the
being taken and their being shot from which document, not prior thereto  Estafa only
kidnapping may be inferred. o Absent any inducement (such as if the victim herself had been the one
No matter how many rapes had been committed, the who asked that a document pertaining to her taxes be prepared for her
Kidnapping with signature, but what was presented to her for signature was an SPA) 
crime is special complex crime of kidnapping with rape
Rape simple crime of falsification
after the accused held her in detention for 39 days
o The offender must have the intent to take the
personal property of another under such Forcible Abduction with Rape
circumstances that makes the taking of one Elements: (T-L)
robbery, and such intent must precede the rape. 1) Taking a woman against her will
o If the original plan was to commit rape, but the 2) Doing so with lewd designs
accused also committed robbery, the robbery
should be viewed as a separate and distinct This occurs when there is carnal knowledge of the abducted woman under any of
Robbery with Rape crime. the following circumstances:
o Robbery must not be a mere accident or 1) When the woman is deprived of reason or is otherwise unconscious
afterthought 2) Force or intimidation was used
o The RPC does not differentiate whether the rape 3) The woman is under 12 years of age
was committed before, during, or after the 4) The woman is demented
robbery.
o One special complex crime even with separate Example: At knifepoint, the accused forcibly took the complainant from her
rapists parents’ house and, in a rice field about 800 meters away, forced her to have
If by reason or on occasion of carnapping, the owner, sexual intercourse with her.
Carnapping with driver or occupant is killed, the crime is qualified
Homicide carnapping, carnapping in an aggravated form of NOTES:
special complex crime of carnapping with homicide 1. The first act of rape after forcible abduction consummates the complex
crime of forcible abduction with rape. The subsequent acts of rape will
COMPLEX CRIME PROPER constitute distinct and separate crimes of rape.
(Delito complejo) 2. The crime of forcible abduction was necessary only for the first rape.
When an offense is a necessary means to commit another offense 3. Any subsequent rape of the same victim is simply rape and can no
longer be considered as a separate complex crime of forcible abduction
Estafa through Falsification with rape.
o Committed when one has to falsify certain documents to be able to
obtain money or goods from another person Reckless Imprudence or Negligence Resulting into 2 or more Grave or Less
o Falsification is a necessary means of committing estafa Grave Felonies
o IF: the falsification is committed to conceal the misappropriation, two o A complex crime is committed
separate offenses are committed o However, where one of the resulting offenses in criminal negligence
constitutes a light felony, there is no complex crime. The resulting offenses
“necessary means to commit another crime” may be treated as separate or the light felony may be absorbed by the grave
o One crime is committed to facilitate and ensure the commission of the felony.
other o Light felonies of damage to property and slight physical injuries, both
o When it was resorted to facilitate and carry out more effectively his evil resulting from a single act of imprudence, do not constitute a complex crime.
design to swindle another person
They cannot be charged in one information. They are separate offenses may be convicted of 2 separate
subject to distinct penalties. crimes of either homicide or
murder, and arson.
PLURALITY OF CRIMES Separate where robbery was a mere
(Concurso de delitos) Robbery and Rape afterthought, following the crime of
Different crimes have been committed and for each of which a separate criminal rape
liability attaches Separate where theft was a mere
Theft and Rape afterthought, following the crime of
Complex Crimes Plurality of Crimes rape
Formal (or ideal) plurality of crimes Different criminal intents result in two Two counts constitute separate
where the same criminal intent or more crimes, for each of which the Slight Physical Injuries crimes. They cannot be complexed
results in two or more component accused incurs criminal liability since they are light felonies.
crimes constituting a complex crime Where falsification was committed to
for which there is only one criminal Falsification and Malversation
conceal malversation
liability Punished by the RPC and a special No complex crimes since the two are
penal law separate and distinct
Gives rise to a single criminal liability Where both acts are punished under No complex crime
and requires the imposition of a a special penal law
single penalty Rape with a violation of RA 7610 No complex crime
The use of an unlicensed firearm in
Although a complex crime the perpetration of a homicide or
quantitatively consists of two or more murder gives rise to the crime of
crimes, it is only one crime in law on Illegal possession of firearm in its
unlawful possession in its aggravated
which a single penalty is imposed aggravated form
form, not the special complex crime
of illegal possession with homicide or
NOTES: murder
1. Where a complex crime is charged and the evidence fails to support the
change as to one of the component offenses, the defendant can be Carnapping
convicted only of the offense proved. Definition:
2. Where the defendant is charged with robbery with homicide, he may be o Taking
convicted of one of them. o With intent to gain
3. When a person is charged with a crime and the evidence does not show o Of a motor vehicle belonging to another without the latter’s consent, or
that he is guilty of the crime charged, but does show that he is guilty of o By means of violence against or intimidation of persons, or
some lesser offense, the court may sentence him for the lesser offense o By using force upon things
provided that the lesser offense is a cognate offense and is included in
the complaint filed with the court. It becomes qualified when in the course of the commission or on occasion of the
carnapping, the owner, driver, or occupant of the carnapped vehicle is killed or
rape. Penalty imposable is reclusion perpetua to death.
Crimes Doctrine
o There is no complex crime of The crime is still qualified carnapping, or carnapping in its aggravated form, or
arson with homicide. special complex crime of carnapping with homicide regardless of whether the
o If the objective of the offender is killing constitutes murder or homicide.
to kill and arson is resorted to as
the means to accomplish the It refers to only consummated murder or homicide.
Homicide and Arson
crime, the offender can be
charged with murder only.
o If the objective is to kill and arson
is resorted to as a means to
cover up the killing, the offender

CONTINUED CRIME penalty for either of the latter (not anymore applied here because
(Delito continuado) offenses this is already covered by Article 48
A continued, continuous, and contiunuing crime is a single crime, consisting of a on complex crimes)
series of acts arising from one criminal resolution and is therefore, a complex
crime NOTE: This applies only to cases of error in personae and does not apply to
cases of aberration ictus and praeter intentionem
o That there were two victims did not accordingly convert the crime into two
separate offenses, as the determinative factor is the unity or multiplicity of PENALTIES ON PERSONS LIABLE IN DIFFERENT STAGES OF EXECUTION
the criminal intent or of the transactions. AND PARTICIPATION
o The singularity of the offense committed by the accused is demonstrated by Articles 50-57
the fact that the falsification of the 2 public documents as a means of
committing Estafa were performed on the same date, in the same place, at Principal Accomplice Accessories
the same time and on the same occasion. Consummated 0 1 2
o The act of taking 2 or more roosters in the same place and on the same Frustrated 1 2 3
occasion is dictated by only one criminal design and therefore, there is only Attempted 2 3 4
one crime of theft even if the roosters are owned by different persons
Exceptions
Crimes cannot be complexed in the following instances: 1. Cases where the law expressly prescribes the penalty for a frustrated or
1. When a single act constitutes a grave felony and a light felony attempted felony
2. When a single act constitutes a less grave felony and a light felony 2. Cases where the law expressly provides the penalty to be imposed on
3. When a single act constitutes two or more light felonies accomplices and accessories
4. When a single act constitutes a violation of the Revised Penal Code and 3. The courts may impose upon the person guilty of the frustrated or
a violation of a special law attempted crimes of parricide, murder or homicide, a penalty lower by
5. When a single act constitutes a violation of 2 or more special laws one degree considering the facts of the case
6. When an offense is used to conceal another offense
Circumstances that may lower the penalty by degree
Felonies that cannot be complexed by express provision under the RPC 1. Degree of participation
(S-B-M-O) 2. Stage of execution
1. Search warrants maliciously obtained and abuse in the service of those 3. Presence of privileged mitigating circumstances
legally obtained a. Incomplete justifying circumstance
2. Direct bribery b. Incomplete exempting circumstance
3. Maltreatment of prisoners c. Minor
4. Occupation of real property or usurpation of real rights in property 4. When there are two or more mitigating circumstances and no
aggravating circumstances are present
Art. 49. Penalty to be imposed upon the principals when the crime 5. Article 250 of the RPC
committed is different from that intended. – 6. Provisions of the Juvenile Justice and Welfare Act of 2006
In cases in which the felony committed is different from that which the offender
intended to commit, the following rules shall be observed: Art. 58. Additional penalty to be imposed upon certain accessories. –
Penalty Prescribed Penalty to be Imposed Those accessories falling within the terms of paragraph 3 of Article 19 of this
Higher than that corresponding to the Penalty corresponding to the latter in Code who should act with abuse of their public functions, shall suffer
offense which the accused intended its maximum period Additional penalty of If the principal offender shall be guilty of
to commit Absolute perpetual disqualification Grave felony
Lower than that corresponding to the Penalty for the former in its maximum Absolute temporary disqualification Less grave felony
one which the accused intended to period
commit
Art. 59. Penalty to be imposed in case of failure to commit the crime
If the acts committed by the guilty Penalty provided for the attempt or
because the means employed or the aims sought are impossible. –
person shall also constitute an the frustrated crime in its maximum
When the person intending to commit an offense has already performed the acts
attempt or frustration of another period of execution of the same but nevertheless the crime was not produced by reason
crime, if the law prescribes a higher of the fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such person are essentially Aggravating circumstances NOT aggravating in
inadequate to produce the result desired by him, the court, having in mind the Fire Arson
social danger and the degree of criminality shown by the offender, shall impose Unlawful entry Robbery through force upon
upon him the penalty of arresto mayor or a fine of 200 to 500 pesos. Breaking doors things
By means of inundation, Crimes involving destruction
Art. 60. Exceptions to the rules established in Articles 50 to 57. – explosion
Grave abuse of confidence Qualified theft
Exceptions (F-A-P) Dwelling Qualified trespass to dwelling
1. Cases where the law expressly prescribes the penalty for a frustrated or Breaking a wall, roof, floor, Robbery in an inhabited house,
attempted felony door or window Public building or
2. Cases where the law expressly provides the penalty to be imposed on Edifice devoted to religious
accomplices and accessories worship
3. The courts may impose upon the person guilty of the frustrated or
attempted crimes of parricide, murder or homicide, a penalty lower by Robbery in an uninhabited place
one degree considering the facts of the case or
Robbery in a private building
Art. 61. Rules of graduating penalties. –
Special Aggravating Circumstances
Scales of Penalties No. 1: The presence of these circumstances shall make the penalty be imposed in its
1. Death  irrelevant maximum period regardless of mitigating circumstances
2. Reclusion perpetua  the only indivisible penalty now
3. Reclusion temporal 1. Abuse of public position
4. Prision mayor When accused used their authority as members of the police and
5. Prision correccional constabulary to disarm the murder victim before shooting him
6. Arresto mayor
7. Destierro The defendant effected the abduction by availing himself of his official
8. Arresto menor position of municipal policeman, because he was wearing his uniform, and
9. Public censure by taking advantage of the silence and darkness of the night for the purpose
10. Fine of abducting the girl with impunity
Scale No. 2: 2. Organized or syndicated crime group

1. Perpetual absolute disqualification An organized or syndicated crime group means:
2. Temporary absolute disqualification A group of two or more persons (C-C-M)
3. Suspension from public office, the right to vote and be voted for, the Collaborating,
right to follow a profession or calling Confederating, or
4. Public censure Mutually helping one another for purposes of gain in the commission of any
5. Fine crime
NOTE: There must be an allegation and proof that they were a group
Art. 62. Effects of the attendance of mitigating or aggravating
organized for the general purpose of committing crimes for gain
circumstances and of habitual delinquency. –
Mitigating or aggravating circumstances and habitual delinquency shall be taken
Movie examples:
into account for the purpose of diminishing or increasing the penalty in conformity
1. Fast Five
with the following rules:
2. Mulan (the Huns)
3. Spring Breakers
Paragraph 1 4. Now You See Me
Aggravating circumstances which in themselves constitute a crime specially
punishable by law shall not be taken into account for the purpose of increasing
the penalty

Paragraph 2 DOCTRINES:
The same rule shall apply with respect to any aggravating circumstances 1. In a prosecution for robbery with homicide, treachery may be
inherent in the crime to such a degree that it must be of necessity accompany the considered a generic aggravating circumstance against all the accused
commission thereof who had knowledge of how the victims of homicide would be killed
2. Nighttime is not aggravating against the accused who did have
knowledge that the victim would be kidnapped at nighttime
Aggravating circumstances INHERENT in 3. Treachery cannot be considered aggravating against the principal by
Sex Rape inducement where the latter did not induce the principal by direct
Disregard of rank Direct assault participation to kill the deceased with treachery
Relationship Parricide 4. The qualifying circumstance of breach of confidence applies only to the
Evident premeditation Robbery and theft principal but not to the accomplice who does not share a confidential
relationship with the offended party and therefore should be charged
accordingly
Paragraph 3
Aggravating or mitigating circumstances which arise from
The moral attributes of the offender, or Paragraph 5
From his private relations with the offended party, or Habitual delinquency shall have the following effects:
From any other personal cause, Sentenced to the penalty provided by law for the last
Shall only serve to aggravate or mitigate the liability of the principals, Third crime of which he be found guilty
accomplices and accessories as to whom such circumstances are attendant conviction +
Prision correccional in its medium and maximum periods
Aggravating or mitigating circumstances which arise from: (M-P-O) Sentenced to the penalty provided by law for the last
1. The moral attributes of the offender Fourth crime of which he be found guilty
D slapped and insulted A conviction +
A stabbed D with the help of his best friend B Prision mayor in its minimum and medium periods
Only A is entitled to the mitigating circumstance of passion/obfuscation Sentenced to the penalty provided by law for the last
Fifth or crime of which he be found guilty
2. His private relations with the offended party additional +
Wife and paramour killed husband conviction Prision mayor in its maximum period to reclusion temporal
Wife  parricide in its minimum period
Paramour  murder
Who is a ‘habitual delinquent’?
3. Any other personal cause A person who,
17 year old with 21 year old murdered A Within a period of 10 years from the date of his release or last conviction of:
17 year old  mitigating circumstance of minority o Serious or less serious physical injuries
21 year old  fully criminally responsible o Robo (robbery)
o Hurto (theft)
NOTE: A mitigating circumstance may be appreciated in favor of the accused to o Estafa
the exclusion of others, although there is conspiracy o Falsification
Example: One of the accused voluntarily surrendered to a person in authority He is found guilty of any of said crimes a third time or oftener.
Paragraph 4 NOTES:
The circumstances which consist in the material execution of the act, or 1. It is not a crime. The additional penalty imposed by reason thereof is
In the means employed to accomplish it, based on the criminal propensity of the accused.
Shall serve to aggravate or mitigate the liability of those persons only 2. It is only a circumstance that gives rise to the imposition of an additional
Who had knowledge of them at the time of the execution of the act or penalty.
Their cooperation therein 3. Purpose: to render more effective social defense and the reformation of
multi-recidivists who, with the shorts terms of imprisonment to which
they had been sentenced for the crimes they had previously committed,

far from mending their ways have only perfected themselves in the o Falsification
commission of the same crimes. o Serious or less serious physical
4. The dates of commission are indispensable allegations in habitual injuries
delinquency. He is found guilty of any of said crimes a
5. The information alleging habitual delinquency must state the following 3rd time or oftener
dates:
o Final judgment It cannot be offset by an ordinary
o Release by reason of service of sentence or any other cause mitigating circumstance
o Commission of his previous crimes Committed when the offender
6. 5 previous convictions of Estafa taking place on the same day are Has been previously punished for an
considered as only 1 conviction that makes an accused a recidivist not a offense to which the law attaches
habitual delinquent Reiteracion (Habituality)
An equal or greater penalty or
7. A plea of guilty does not constitute an admission of habitual delinquency For two or more crimes
when the essential or material facts are not sufficiently alleged To which it attaches a lighter penalty
8. When the information simply averred that the crime complained of was Committed by any person who,
“committed within the period of 10 years from the date of his last At the time of his trial for one crime,
conviction,” such was only a conclusion of fact. There is no showing that Shall have been previously convicted by
the judgment appealed from was rendered within the period of 10 years Recidivism
final judgment
from the accused’s last conviction or release. Of another crime
9. The allegation in the information that the accused was convicted 5 times Embraced in the same title of the Code
of Estafa, the last one having been “committed within the period of 10
years from the date of his last conviction” is not sufficient to consider The information must allege the following material facts: (C-P-L)
him a habitual delinquent. 1. Commission of the previous crimes
10. The imposition of the additional penalty upon the accused found to be a 2. Previous convictions or release
habitual delinquent is mandatory. 3. Last conviction or release
11. Aggravating and mitigating circumstances are taken into consideration
in determining the degree of the principal penalty but not the additional
penalty by reason of habitual delinquency. Additional penalties for Art. 64. Rules for application of penalties which contain three periods. –
habitual delinquency are to be imposed according to the sound Aggravating Mitigating Period
discretion of the court. x x medium
12. The 10-year period shall be counted either from the last conviction or x o minimum
last release. o x maximum
13. Crimes committed on or about the same date shall be considered only o o offset
as one impose the penalty
14. Convictions occurring on or about the same day shall be considered x 2 or more
next lower
only as one for the purpose of determining if the accused is a habitual
delinquent or not Whatever may be the number and nature of the aggravating circumstances, the
15. Habitual delinquency applies to the attempted or frustrated felonies as courts shall not impose a greater penalty than that prescribed by law, in its
well as to accomplices and accessories as it reveals the persistence in maximum period.
them of the inclination to wrongdoing, and of the perversity of character
that had led them to commit the previous crimes. Within the limits of each period, the courts shall determine the extent of the
penalty according to the number and nature of the aggravating and mitigating
Habitual Deliquency, Reiteracion, Recidivism circumstances and the greater or lesser extent of the evil produced by the crime.
A person is a habitual delinquent if within Penalty Duration
10 years from the date of his release or Reclusion Perpetua 20 years and 1 day – 40 years
last conviction of the crimes of: (R-TEFS) (This remains an indivisible penalty
Habitual Delinquency
o Robbery despite specifying the duration)
o Theft Reclusion temporal 12 years and 1 day – 20 years
o Estafa
Prision mayor 6 years and 1 day – 12 years Art. 70. Successive service of sentences; exception. –
Temporary disqualification When the culprit has to serve 2 or more penalties, he shall serve them
Prision correccional 6 months and 1 day – 6 years simultaneously if the nature of the penalties will so permit; otherwise, the
Suspension following rules shall be observed:
Destierro
Arresto mayor 1 month and 1 day – 6 months In the imposition of the penalties, the order of their respective severity shall be
Arresto menor 1 day to 30 days followed so that they may be executed successively or as nearly as may be
Bond to keep the peace Determined by court possible, should a pardon have been granted as to the penalty or penalties first
imposed, or should they have been served out.
Art. 65. Rule in cases in which the penalty is not composed of three
periods. – For the purpose of applying the provisions of the next preceding paragraph the
respective severity of the penalties shall be determined in accordance with the
following scale:
Atty. Frias won’t focus on the computations anymore. 1. Death
2. Reclusion perpetua
Art. 66. Imposition of fines. – 3. Reclusion temporal
In imposing fines the courts may fix the amount within the limits established by 4. Prision mayor
law; in fixing the amount in each case attention shall be given, not only to the 5. Prision correccional
mitigating and aggravating circumstances, but ore particularly to the wealth or 6. Arresto mayor
means of the culprit. 7. Arresto menor
8. Destierro
Art. 67. Penalty to be imposed when not all the requisites of exemption of 9. Perpetual absolute disqualification
the fourth circumstance of Article 12 are present. – 10. Temporary absolute disqualification
When all the conditions required in circumstance 4 of article 12 of this Code to 11. Suspension from public office, the right to vote and be voted for, the
exempt from criminal liability are not present, the penalty of right to follow profession or calling, and
Arresto mayor in its maximum period to prision correccional in its minimum 12. Public censure
period shall be imposed upon the culprit, if he shall have been guilty of a grave
felony, and Notwithstanding the provisions of the rule next preceding, the maximum duration
Arresto mayor in its minimum and medium periods, if of a less grave felony. of the convict’s sentence shall not be more than threefold the length of time
corresponding to the most severe of the penalties imposed upon him. No other
penalty to which he may be liable shall be inflicted after the sum total of those
Art. 68. Penalty to be imposed upon a person under 18 years of age. –
imposed equals the said maximum period.
This has been repealed by RA 9344 (Juvenile Justice Welfare Act) Such maximum period shall in no case exceed forty years.
o Age must be reckoned at the time of the commission of the crime
o Impose a penalty lower by one degree than that prescribed by the law In applying the provisions of this rule the duration of perpetual penalties (pena
perpetua) shall be computed at thirty years.
Art. 69. Penalty to be imposed when the crime committed is not wholly
excusable. – Two ways of serving penalties
o This is for incomplete justifying and incomplete exempting 1. Simultaneously, if the nature of the penalties so permit
circumstances When the penalties consist of:
o Privileged mitigating provided that the majority of the conditions are o A term of imprisonment
present o Disqualification
o Reduction of the penalty prescribed by law by one or two degrees o Fine
depending on the conditions and circumstances therein obtaining
2. Successively, by following the order of their respective severity under
Article 70 when they cannot be served simultaneously
Example:

When several penalties imposed upon the convict consist of Art. 71. Graduated scales. –
various terms of imprisonment such as prision mayor, prision In the case in which the law prescribes a penalty lower or higher by one or more
correccional and arresto mayor degrees than another given penalty, the rules prescribed in Article 61 shall be
observed in graduating such penalty.
What is the three-fold rule in the service of sentence?
The maximum duration of a convict’s sentence shall The lower or higher penalty shall be taken from the graduated scale in which is
Not be more than three-fold the length of time comprised the given penalty:
Corresponding to the most severe of the penalties upon him.
No other penalty to which he may be liable shall be inflicted upon after the sum of The courts, in applying such lower or higher penalty, shall observe the following
those penalties imposed equals the said maximum period. graduated scales:
In any case, the maximum period shall not
Exceed 40 years. Scale No. 1
1. Death
NOTES: 2. Reclusion perpetua
1. Article 70 applies although the different penalties were imposed for 3. Reclusion temporal
separate crimes, at different times or proceedings or under separate 4. Prision mayor
informations. 5. Prision correccional
The reason for the legal precept is to avoid the absurdity of a man being 6. Arresto mayor
sentenced to imprisonment for a longer period than his natural life. 7. Destierro
8. Arresto menor
2. The court may sentence the accused as to many crimes charged in the 9. Public censure
information and proved during the trial when the accused did not 10. Fine
interpose any objection to the multiplicity of the charges.
3. Where the accused is sentenced to 2 or more terms of imprisonment, Scale No. 2
the terms should be served successively. 1. Perpetual absolute disqualification
4. In successive service of sentence, the service of the second sentence 2. Temporary absolute disqualification
will not commence to run until the expiration of the first. 3. Suspension from public office, the right to vote and be voted for, the
5. In the successive service of two or more sentences, the order of their right to follow a profession or calling
respective severity prescribed by Article 70 shall be followed. 4. Public censure
6. “No other penalty to which he may be liable shall be inflicted after the 5. Fine
sum total of those imposed equals the said maximum period”
It means that the convict shall not serve the excess over the maximum NOTES:
of three-fold the most severe penalty. 1. It does not apply to special penal laws
7. The duration of perpetual penalties is computed at 30 years. 2. Arresto menor is more severe than destierro
8. When a prisoner had already served the period provided under the While arresto menor has a duration only of 1 day to 30 days and
three-fold rule, he is entitled to be entitled through the writ of habeas destierro has a duration of 6 months and 1 day to 6 years, arresto
corpus menor is more severe than destierro because arresto menor includes
9. Subsidiary imprisonment cannot be eliminated under the three-fold rule imprisonment or complete deprivation of liberty, while destierro
so long as the principal penalty is not higher than 6 years of involves only a partial deprivation of liberty since a person sentenced to
imprisonment. destierro is neither allowed to enter the place designated in the
10. The application of the three-fold rule does not preclude his enjoyment of sentence nor within the radius specified which shall not be more than
the deduction from his sentence of 5 days for each month of good 250 kilometers or less than 25 kilometers from the place designated.
behavior as provided in Article 97, Paragraph 1.
11. The rules on the service of sentences may apply to a special law.
Art. 72. Preference in the payment of the civil liabilities. –
12. Computation of the three-fold rule is for prison authorities to undertake.
The civil liabilities of a person found guilty of two or more offenses shall be
Nowhere is it envisioned that the court should make a computation and,
satisfied by following the chronological order of the dates of the final judgments
in its decision, sentence the culprit to not more than three-fold the most rendered against him, beginning with the first in order of time.
severe of the penalties imposed upon him.
13. The three-fold rule is taken into account only in the service of the
sentence, not in the imposition of the penalty.
Art. 73. Presumption in regard to the imposition of accessory penalties. – Art. 78. When and how a penalty is to be executed. –
Whenever the courts shall impose a penalty which, by provision of law, carries No penalty shall be executed except by virtue of a final judgment.
with it other penalties, according to the provisions of articles 40, 41, 42, 43, 44,
and 45 of this Code, it must be understood that the accessory penalties are also When does a judgment of conviction become final and executory? (PS-WP)
imposed upon the convict 1. After the lapse of the period for perfecting an appeal
2. When the sentence has been partially or totally satisfied or served
Art. 74. Penalty higher than reclusion perpetua in certain cases. – 3. When the accused has waived in writing his right to appeal
In cases in which the law prescribes a penalty higher than another given penalty, 4. When the accused has applied for probation
without specifically designating the name of the former, if such higher penalty
should be that of death, the same penalty and the accessory penalties of Article Art. 79. Suspension of the execution and service of the penalties in case of
40, shall be considered as the next higher penalty. insanity. –
When a convict shall become insane or an imbecile after final sentence has been
Art. 75. Increasing or reducing the penalty of fine by one or more degrees. pronounced, the execution of said sentence shall be suspended only with regard
– to the personal penalty the provisions of the second paragraph of circumstance
Whenever it may be necessary to increase or reduce the penalty of fine by one number 1 of article 12 being observed in the corresponding cases.
or more degrees, it shall be increased or reduced, respectively, for each degree,
by one-fourth of the maximum amount prescribed by law, without, however, If at any time the convict shall recover his reason, his sentence shall be
changing the minimum. executed, unless the penalty shall have prescribed in accordance with the
provisions of this Code.
The same rules shall be observed with regard to fines that do not consist of a
fixed amount, but are made proportional. The respective provisions of this section shall also be observed if the insanity or
imbecility occurs while the convict is serving his sentence.
Art. 76. Legal period of duration of divisible penalties. –
NOTES:
The legal period of duration of divisible penalties shall be considered as divided
1. Execution of the sentence shall be suspended but only with regard to
into three parts, forming three periods, the minimum, the medium, and the
the personal penalty.
maximum:
2. The sentence shall be executed when he recovers his reason.
3. The insanity shall not suspend the execution of judgment on the civil
Penalty Duration liability.
Reclusion Perpetua 20 years and 1 day – 40 years
(This remains an indivisible penalty
Art. 80. Suspension of sentence of minor delinquents. –
despite specifying the duration)
Reclusion temporal 12 years and 1 day – 20 years
This has been repealed by the RA 9344 already. (JJWA)
Prision mayor 6 years and 1 day – 12 years
Temporary disqualification
Prision correccional 6 months and 1 day – 6 years Articles 81-85. Provisions on Execution of Death Penalty. –
Suspension
Destierro The death penalty is currently suspended under RA 9346.
Arresto mayor 1 month and 1 day – 6 months
Arresto menor 1 day to 30 days Art. 86. Reclusion perpetua, reclusion temporal, prision mayor,
Bond to keep the peace Determined by court correccional, and arresto mayor. –
The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision
correccional, and arresto mayor,
Art. 77. When the penalty is a complex one composed of three distinct
Shall be executed and served in the places and penal establishments
penalties. –
Provided by the Administrative Code in force or
In cases in which the law prescribes a penalty composed of three distinct
penalties, each one shall form a period; the lightest of them shall be the Which may be provided by law in the future.
minimum, the next the medium, and the most severe the maximum period.

Art. 87. Destierro. –
Any person sentenced to destierro shall
Not be permitted to enter the place or places designated in the sentence,
Nor within the radius therein specified,
Which shall not be more than 250 and not less than 25 kilometers from the place
designated.
Art. 88. Arresto menor. –

The penalty of arresto menor shall be served in the municipal jail, or
In the house of the defendant himself under the
Surveillance of an officer of the law,
When the court so provides in its decision,
Taking into consideration the health of the offender and
Other reasons which may seem satisfactory to it.


Liojlkk

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Liojlkk

Uploaded by

Copyright:

Available Formats

PENALTIES Art. 21. Penalties that may be imposed.

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Principal Penalties Cadena Perpetua

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Whenever an accused What is ‘destierro’?

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Scale No. 2: 2. Organized or syndicated crime group

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Art. 88. Arresto menor. –

RAMOS, MARY LOUISE M. San beda college alabang – school of law

You might also like