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TABLE OF CONTENTS i CRIMINAL LAW

Par 2: Over 15 but under 18 years old, if there


is discernment or over 70 years old ............ 28
CRIMINAL LAW 1 Par 3: No intention to commit so grave a
wrong ........................................................... 28
A. Fundamental and General Par 4: Provocation or Threat ....................... 28
Principles ................... 1 Par 5: Vindication of grave offense ............. 29
1. Definition of Criminal Law ..........................................................1 Par 6:Passion or obfuscation ....................... 29
Crime (definition) .......................................................................1 Par 7: Voluntary surrender and confession of
(a) Mala in se and Mala Prohibita: ............1 guilt .............................................................. 31
2. Applicability and Effectivity of the Penal Code ..........................2 Par 8: Physical defect of offender ............... 32
(A) GENERALITY..................................2 Par 9: Illness of the offender ....................... 32
(B) TERRITORIALITY .............................2
Par 10: Similar or analogous circumstances 32
(C) PROSPECTIVITY ..............................4
(d) Aggravating circumstances ............... 33
B. Felonies .................. 5 Rules on Aggravating Circumstances........... 34
1. Criminal Liabilities and Felonies ................................................5 Par 1: That advantage be taken by the
(a) Classifications of felonies ..................5 offender of his public position. ................... 35
General Criminal Intent vs. Specific Criminal Par 2: in contempt of or with insult to the
Intent ............................................................. 6 public authorities. ........................................ 36
Distinction between Imprudence and Par 3: That the act be committed:............... 36
Negligence ..................................................... 6 (1) with insult or in disregard of the respect
Dolo vs. Culpa ................................................ 6 due the offended party on account of his (a)
Intent vs. Motive ............................................ 7 rank, (b) age, or (c) sex; or ........................... 36
(b) Elements of Criminal Liability .............7 (2) That it be committed in the dwelling of
(c) Impossible Crime ............................9 the offended party, if the latter has not given
(d) Stages of Execution ....................... 10 provocation.................................................. 36
A. Conspiracy ............................................... 13 Par 4: ............................................................ 37
B. Proposal ................................................... 14 (1) Abuse of confidence; or ......................... 37
(e) Continuing Crimes ......................... 16 (2) Obvious ungratefulness ......................... 37
(f) Complex crimes and composite crimes . 16 Par 5: ............................................................ 37
2. Circumstances affecting Criminal Liability .............................. 18
(1) In the palace of the Chief Executive; or
(a) Justifying circumstances ................. 18
37
Par 1: Self-Defense....................................... 19
(2) In his presence; or............................. 37
Subjects of Self-Defense: ............................. 19
(3) Where public authorities are engaged
Par 2: Defense of Relatives .......................... 21
in the discharge of their duties; or .............. 37
Par 3: Defense of Strangers ......................... 21
(4) In a place dedicated to religious
Par 4: Avoidance of greater evil or injury .... 22
worship. ....................................................... 37
Par 5: Fulfillment of duty or lawful exercise of
Par 6: ............................................................ 38
right or office ............................................... 22
(1) nighttime; or ..................................... 38
Par 6: Obedience to an order issued for some
(2) uninhabited place; or ........................ 38
lawful purpose ............................................. 22
(3) By a band .......................................... 38
(b) Exempting circumstances ................ 23
Par 7: on the occasion of a conflagration,
Par 1: Imbecility or Insanity ......................... 24
shipwreck, earthquake, epidemic or other
Par 2 and 3: Minority ................................... 25
calamity or misfortune. ............................... 39
Par 4: Accident without fault or intention of
Par 8: with the aid of: .................................. 39
causing it. ..................................................... 26
(1) men; or.............................................. 39
Par 5: A person who acts under the
(2) Persons who insure or afford impunity.
compulsion of an irresistible force .............. 26
39
Par 6: Uncontrollable fear ........................... 26
Par 9: recidivist ............................................ 40
Par 7: Insuperable cause .............................. 26
Par 11: In consideration of a price, reward or
(c) Mitigating circumstances ................. 27
Par 1: Incomplete justifying or exempting promise. ....................................................... 41
circumstances .............................................. 27 Par 12: That the crime be committed by
means of (FIPE-SAD) .................................... 41
(1) Inundation,........................................ 41

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TABLE OF CONTENTS ii CRIMINAL LAW

(2) Fire, ................................................... 41 SECTION ONE: Duration of Penalties ........ 62


(3) Poison,............................................... 41 SECTION TWO: Effects of the penalties
(4) Explosion, .......................................... 41 according to their respective nature ........ 64
(5) Stranding of a vessel or international 4. APPLICATION OF PENALTIES ............................................. 66
damage thereto, .......................................... 41 INDETERMINATE SENTENCE LAW (ISL) – Act
(6) Derailment of a locomotive, or ......... 41 No. 4103 as amended by Act No. 4225 ...... 66
Release of the prisoner on Parole ............... 67
(7) By the use of any other artifice
Entitlement to Final Release And Discharge 67
involving great waste and ruin. ................... 41
Sanction for violation of condition of the
Par 13: evident premeditation .................... 42
parole ........................................................... 67
Par. 14: That (CFD) be emplyoyed ............... 42
Reasons for fixing the maximum and
(1) Craft,.................................................. 42
minimum terms in the indeterminate
(2) Fraud, or ............................................ 42
sentence ...................................................... 68
(3) Disguise ............................................. 42
Illustration of application of indeterminate
Par 15: .......................................................... 43
sentence law ................................................ 68
(1) superior strength; or ......................... 43
Section 1: Rules for Application of penalties
(2) to weaken the defense. .................... 43
to the persons criminally liable and for the
Par. 16: treachery (alevosia) ........................ 44
graduation of the same ............................... 68
Par 17: IGNOMINY ....................................... 45
Rules for the Application of Penalties with
Par 18: after an unlawful entry .................... 45
regard to the Mitigating and Aggravating
Par 19: Broken (WRFDW)............................. 45
circumstances, and Habitual Delinquency .. 72
(1) Wall, .................................................. 45
The Three-Fold Rule: (3:4:40) ...................... 75
(2) Roof, .................................................. 45
Rules as to subsidiary liability in Special Laws
(3) Floor, ................................................. 45
(Act. 1732 of Philippine Commission) ......... 77
(4) Door, or ............................................. 45
5. GRADUATION OF PENALTIES ............................................. 77
(5) Window ............................................. 45 Rules for Application of penalties to the
Par 20 : That the crime be committed:........ 46 persons criminally liable and for the
(1) With the aid of persons under fifteen
graduation of the same ............................... 77
years of age; or ............................................ 46 6. ACCESSORY PENALTIES ..................................................... 79
(2) By means of motor vehicles, airship, or OUTLINE OF ACCESSORY PENALTIES
other similar means. .................................... 46 INHERENT IN PRINCIPAL PENALTIES ............ 79
Par 21: wrong done in the commission of the 7. COMPUTATION OF PENALTIES .......................................... 81
crime be deliberately augmented by causing 8. EXECUTION AND SERVICE OF PENALTIES ...................... 82
ANother wrong not necessary for its Article 68 In Relation To Ra 9344 Or The
commission (CRUELTY). ............................... 46 Juvenile And Justice Welfare Act ............ 82
(e) Alternative circumstances ............... 47 PROBATION LAW OF 1976: P.D. 968, as
(f) Absolutory cause........................... 49 amended ........................................ 83
3. Persons Liable and Degree of Participation ........................... 50 Three – Fold Purpose ................................... 83
(a) Principals, accomplices and accessories 50 Criteria for placing an Offender on Probation
Principals by direct participation ................. 51 ..................................................................... 83
Principals by induction ................................. 52 Disqualified Offenders ................................. 84
Principal by indispensable cooperation ....... 53 Conditions of Probation............................... 84
PD 1612: Anti-Fencing Law of 1979 ............. 56 Section 1: General Provisions ...................... 85
(D) Obstruction of Justice (P.D. No. 1829) . 56 Section 2: Execution of Principal penalties . 87
PD 1829: Penalizing Obstruction of Prescriptive periods of crimes ..................... 90
Apprehension and Prosecution of Criminal
Offenders ..................................................... 56 D. Criminal and Civil
liability ................... 93
C. PENALTIES ................ 57 1. Extinction Of Criminal Liabilities.............................................. 93
1. Principles: Penalties in General .............................................. 57 Effect of death of the accused pending
RA No. 9346, ................................................ 60 appeal ........................................... 94
AN ACT PROHIBITING THE IMPOSITION OF . 60 Prescriptive periods of crimes: .................... 95
DEATH PENALTY IN THE PHILIPPINES .......... 60 CHAPTER TWO: Partial Extinction Of Criminal
2. CLASSIFICATION OF PENALTIES ....................................... 60 Liability ......................................................... 96
3. DURATION AND EFFECTS OF PENALTIES........................ 62 2. Civil Liabilities in Criminal Cases ............................................ 98

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TABLE OF CONTENTS iii CRIMINAL LAW

CHAPTER ONE: Person Civilly Liable For


Felonies ........................................................ 98
Effect of Dismissal of Case ........................... 98
Effect of Death of the Offender ................... 98
CHAPTER TWO: What Civil Liability Includes
................................................................... 100
Scope of Restitution:.................................. 100
Scope of Reparation................................... 101
Scope of Indemnification: .......................... 101
Payment of Civil liability ............................ 101
Computing loss of the Victim’s Earning
Capacity...................................................... 101
CHAPTER THREE: Extinction And Survival Of
Civil Liability ............................................... 101

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CRIMINAL LAW 1 1 CRIMINAL LAW

A. Fundamental and
(A) MALA IN SE AND MALA PROHIBITA:
General Principles BAR 1997, 1999, 2001, 2003, 2005
Mala In Se Mala Prohibita
As to Nature
1. DEFINITION OF CRIMINAL LAW Wrong from its very nature Wrong because it is
Branch or division of law which defines crimes, treats prohibited by statute.
of their nature, and provides for its punishment. Use of Good Faith as a Defense
Good faith is a valid defense; Good faith is NOT a
unless the crime is the result defense.
of culpa.
CRIME (DEFINITION)
Use of intent as an element
An act committed or omitted in violation of law Intent is an element. Criminal intent is
forbidding or commanding it. immaterial.
Degree of Accomplishment of the Crime
The degree of The act gives rise to a crime
TWO THEORIES IN CRIMINAL LAW accomplishment of the crime only when it is
is taken into account in consummated.
BAR 1996
punishing the offender.
1. Classical Theory.
As to Mitigating and Aggravating Circumstances
School of thought followed by the Revised Penal Code.
Mitigating and aggravating Mitigating and aggravating
circumstances are taken into circumstances are generally
Characteristics:
account in imposing the NOT taken into account in
a. The basis of criminal liability is human free will;
proper penalty. imposing the proper
purpose of penalty is retribution.
penalty.
b. That man is essentially a moral creature with an
absolute free will to choose between good and evil, Degree of Participation
thereby placing more stress upon the effect or When there is more than one Degree of participation is
result of the felonious act than upon the man, the offender, the degree of generally NOT taken into
criminal himself. participation of each in the account. All who
c. It has endeavored to establish a direct and commission of the crime is participated in the act are
mechanical proportion between the crime and the taken into account. punished to the same
liability. extent.
d. There is scant regard to the human element. As to Persons Criminally Liable
Penalty is computed on the The penalty on the
2. Positivists theory basis of whether he is a offenders is the SAME
That crime is essentially a social a natural phenomenon, principal offender, or merely whether they are merely
and as such, it cannot be treated and checked by the an accomplice, or accessory. accomplices or accessories.
application of abstract principles of law and Laws Violated
jurisprudence nor by the imposition of a punishment, Revised Penal Code (General Special Laws (General Rule)
fixed and determined as basis; but rather through the Rule)
enforcement of individual measures in each particular As to Stages in Execution
case after a thorough, personal, and individual There are three stages: No such stages of execution.
investigation conduction by a competent body of attempted, frustrated, and
psychiatrists and social scientists. consummated.
As to Persons Criminally Liable
This theory is manifested by impossible crimes, juvenile
There are three persons Unless otherwise provided,
delinquency, etc.
criminally liable: principal, only the principal is liable.
accomplices, and accessories.

As to Division of Penalties
Penalties may be divided into There is NO such division of
degrees and periods. penalties.

Mala Prohibita
Generally applies to crimes punishable by special
laws.

General Rule: Criminal intent is NOT necessary, it


being sufficient that the offender has the intent to
perpetrate the act prohibited by the special law1

1 Padilla v. Dizon, 158 SCRA 127

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CRIMINAL LAW 1 2 CRIMINAL LAW

unless the special law itself expressly requires intent


(“knowingly” or “maliciously”,). Warship Rule
The nationality of such warship determines
The act alone, in crimes punishable by special laws, the applicable penal laws to crimes
constitutes the offense. committed therein, as they are considered to
be an extension of the territory of the
Good faith and absence of criminal intent are NOT country to which they belong. Thus, their
valid defenses. respective national laws shall apply to such
vessels wherever they may be found.
Exceptions:
(1) Imperative, incidental, and temporary possession 2. Article 14 of the New Civil Code
of firearms. Subject to the principles of public international
(2) Assumption that his employer has the requisite law and to treaty stipulations.
license to possess said firearm. [People v.
Cuenco] Persons exempt from the operation of our
(3) Possession of firearms in good faith as civilian criminal laws by virtue of the principles of public
guards. [People v. Asa and Balbastro] international law:
(4) Possession of firearm was advised due to pending
a. Sovereigns and other chiefs of state.
application for permanent permit. [People v.
Mallari] b. Ambassadors, Ministers, Plenipotentiary,
(5) Authorized possession to carry out a mission. Ministers Resident, Charges d’Affaires. (AM,
[People v. Lucero] MP, MR, CdA)
(6) Transient possession of firearm to render the
owner defenseless without the intention to use it.
[People vs. Dela Rosa] BAR 2011
Note: Consuls, vice-consuls and other commercial
Mala In Se representatives (i.e. commercial attaché) of foreign nation
These are crimes punishable by the RPC. are NOT entitled to the privileges and immunities of an
ambassador or minister.3

2. APPLICABILITY AND EFFECTIVITY OF


THE PENAL CODE (B) TERRITORIALITY
(a) Generality
General Rule: Penal laws are enforceable only within
(b) Territoriality
the Philippine territory.
(c) Prospectivity
Extent of Philippine Territory for purposes of criminal
law.
(A) GENERALITY
• The provisions of the said code shall be enforced
General Rule: Criminal law is binding on all persons within the Philippine Archipelago, including its
who live or sojourn in Philippine territory. atmosphere, its interior waters, and maritime
zone. 4
Exceptions:
1. Article 2 of the RPC

a. Treaties (e.g. Bases Agreement between


Philippines and America, RP-US Visiting
Forces Accord between Philippines and
America, etc.)

b. Law of preferential application (e.g. R.A. 75


which penalizes acts which would impair the
proper observance by the Republic and its
inhabitants of the immunities, rights, and
privileges of duly accredited foreign
diplomatic representatives in the
Philippines.2)

2Not applicable when the foreign country adversely affected 3 In the absence of a treaty to the contrary.
does not provide similar protection. 4 Art. 2 of the Revised Penal Code

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Exception: (Extra-territoriality) b. Foreign Warships.


The provisions of the Revised Penal Code shall be The nationality of such warship determines
enforced outside of the jurisdiction of the Philippines the applicable penal laws to crimes
against who: committed therein, as they are considered to
be an extension of the territory of the
1. Should commit an offense while on a Philippine country to which they belong. Thus, their
ship or airship; respective national laws shall apply to such
vessels wherever they may be found.
Requisites:
a) It must be registered in the Philippine Bureau 2. Should forge or counterfeit any coin or currency
of Customs or MARINA (Maritime Industry note of the Philippine Island or obligations and
Authority), as the case may be; securities issued by the Government of the
Philippine Islands.
b) The crime must be committed in the
Philippine waters or the high seas, and not • If forgery was committed abroad, it must
within the territorial jurisdiction of another refer only to Philippine coin, currency
country. note, or obligations and securities.

• Obligations and securities of the GSIS,


a. Foreign merchant vessels. SSS, and Landbank are not government
issuances.
ENGLISH RULE VS. FRENCH RULE
3. Should be liable for act in connection with the
English Rule
French Rule introduction of the obligations and securities
(Territoriality or Situs of the mentioned in the preceding number.
(Flag or Nationality)
Crime)
General Rule
• Those who introduced the counterfeit
Crimes committed aboard a Crimes committed aboard a
vessel within the territorial vessel within the territorial items are criminally liable even if they
waters56 of a country are waters of a country are not were not the ones who counterfeited the
triable in the courts of such triable in the courts of said obligations and securities.
country. country.
• This paragraph only refers to obligations
Exception and securities issued by the Government
When the crimes merely When their commission of the Philippine Island, not coin or
affect things within the affects the peace and
currency note of the Philippine Islands.
vessel or when they only security of the territory or
refer to the internal when the safety of the state
management thereof. is endangered. • Introduction of coin or currency note of
the Philippine Islands is not subject to
this paragraph.
• The Philippines follows the ENGLISH RULE.
4. While being public officer or employee, should
A distinction must be made between commit an offense in the exercise of their
merchant ships and warships; the former are functions.
more or less subjected to the territorial laws.
Crimes committed by public officers:
English rule application in the Philippines. a. Direct bribery [Art. 210]
b. Indirect Bribery [Art. 215]
• Foreign merchant vessel in transit: c. Qualified Bribery [Art. 211-A]
possession of dangerous drugs is not d. Corruption [Art. 212]
punishable, but use of the same is e. Fraud Against Public Treasury and Similar
punishable. Offenses [Art. 213]
f. Possession of Prohibited Interest [Art.
216]
• Foreign merchant vessel not in transit:
g. Malversation of Public Funds or Property
mere possession of dangerous drugs is
[Art. 217]
punishable because it can already be
h. Failure to Render Accounts [Art. 218]
considered as illegal importation.
i. Failure to Render Accounts Before
Leaving the Country [Art. 219]
5 Three mile limit: territorial waters cover until three miles j. Illegal Use of Public Funds or Property
from the coastline, starting from the low water mark. [Art. 220]
[Justice Luis B. Reyes]

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k. Failure to Make Delivery of Public 2. Persons exempted from local criminal


Funds/Property [Art. 221] jurisdiction by reason of treaty stipulations or
l. Falsification [Art. 171] laws of preferential applications.

3. Those persons not subject to local


Note: jurisdiction under the principles of public
A crime committed within the grounds of a international law.
Philippine embassy on foreign soil shall be
subject to Philippine penal laws, although it BAR 2011
may or may not have been committed by a 4. Those crimes committed outside the territorial
public officer in relation to his official duties. jurisdiction, except as permitted by Article 2.
Embassy grounds are considered as extensions
of the sovereignty of the country occupying
them. 5. Those war crimes which are triable by
military commissions. [Regalado]
5. Should commit any of the crimes against national
security and law of nations, defined in Title One
of Book Two of this Code. (C) PROSPECTIVITY
Note: General Rule: A penal law cannot make an act
Limited only to the following crimes: punishable in a manner in which it was not punishable
1. Treason [Art. 114] when committed.
2. Conspiracy and proposal to commit treason
[Art. 115] • Reason: As provided in Article 366 of the RPC,
3. Espionage [Art. 117] crimes are punished under the laws in force
4. Inciting to war and giving motives for at the time of the commission.
reprisals [Art. 118]
5. Violation of neutrality [Art. 119] Exception: Whenever a new statute dealing with
6. Correspondence with hostile country [Art. crime establishes conditions more lenient or favorable
120] to the accused, it can be given a retroactive effect.
7. Flight to enemy’s country [Art. 121]
8. Piracy and mutiny on the high seas [Art. 122] Exception to the Exception:
9. Terrorism [R.A. 9372 - Human Security Act] 1. Where the new law is expressly made inapplicable
to pending actions or existing causes of action.
6. Should forge or counterfeit any coin or currency
note of the Philippines or obligations and 2. Where the offender is a habitual delinquent.8
securities issued by the government of the
Philippines;
KINDS OF REPEAL
7. Should be liable for acts connected with the 1. Absolute or Total Repeal
introduction into the Philippines of the obligations A repeal is absolute when the crime punished under
and securities mentioned in the preceding the repealed law has been decriminalized by the
number; subsequent law.
8. While being public officers or employees, should 2. Partial or Relative Repeal
commit an offense in the exercise of their A repeal is partial when the crime punished under the
functions; repealed law continues to be a crime in spite of the
repeal.
9. Should commit any of the crimes against national
security and the laws of the nations, defined in EFFECTS OF REPEAL/AMENDMENT ON LAW
Title One of Book Two of the Revised Penal Code.7 1. If the repeal/amendment on law makes the
penalty lighter in the new/amended law, the
Note: new/amended law shall be applied, subject to
The following are NOT triable under the the exceptions.
provisions of the Revised Penal Code:
1. Those punished under special law, to which
the Code shall only have suppletory effects.
[Art. 10] 8 A person, within a period of 10 years from the date of his
release or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa, or
falsification, is found guilty of any said crimes a third time or
7 Art. 2 of the Revised Penal Code offender. [Art. 62, last paragraph]

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2. If the new/amended law imposes a heavier


penalty, the law in force at the time of the B. Felonies
commission of the offense shall be applied.

3. If the new/amended law totally repeals the


1. CRIMINAL LIABILITIES AND FELONIES
existing law so that the act which was penalized
under the old law is no longer punishable, the Art 3, RPC.
crime is obliterated. Definitions. – Acts and omissions punishable by law are
felonies (delitos).
4. When the new law and old law penalize the same
Felonies are committed not only be means of deceit (dolo)
offense, the offender can be tried under the old but also by means of fault (culpa).
law.
There is deceit when the act is performed with deliberate
5. A person erroneously accused and convicted intent; and there is fault when the wrongful act results from
under a repealed statute may be punished under imprudence, negligence, lack of foresight, or lack of skill.
the repealing statute.9

6. A self-repealing law has the effect same as Felonies, defined


though it had been repealed at the time of its Acts and omissions punishable by the Revised Penal
expiration. Code.

ELEMENTS OF FELONIES (GENERAL)


LEGALITY 1. There must be an act or omission.
Article 21, RPC.
An act
Penalties that may be imposed. – No felony shall be Must be understood as any bodily movement
punishable by any penalty not prescribed by law prior to its tending to produce some effect in the external
commission. world. It must be an external act.

Reason: Internal acts are beyond the sphere of


Nullum Crimen Nulla Poena Sine Lege penal law.
There is no crime when there is no law punishing the
same. An omission
Is an inaction or failure to perform a positive duty
Limitation: Not every law punishing an act or omission required by law.
may be valid as a criminal law. If the law punishing an
act is ambiguous, it is null and void. 2. That the act or omission be punishable by the
Revised Penal Code.
CONSTRUCTION OF PENAL LAWS 3. That the act12 is performed or the omission
incurred by means of dolo or culpa.
1. Penal laws are strictly construed against the
Government and liberally in favor of the • That the crime committed is either an
accused.10 intentional felony or culpable felony, both of
which are voluntary.13
2. In the construction or interpretation of the
provisions of the RPC, the Spanish text is
controlling.11
(A) CLASSIFICATIONS OF FELONIES

12 A criminal act is presumed to be voluntary.


13 Reasons why they are voluntary:
1. RPC is classical theory; basis of criminal liability is
human free will.
2. RPC acts and omissions are always deemed
9 Provided that the accused had an opportunity to defend voluntary, since man is a rational being.
himself against the charge brought against him. 1. Dolo, act is performed with deliberate intent
10 May be invoked only where the law is ambiguous and there which must be voluntary;
is doubt as to interpretation. 2. Culpa, the imprudence consists in voluntarily doing
11 Because it was approved by the Philippine Legislature in its or failing to do an act from which material injury
Spanish text. results.

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ACCORDING TO THE MEANS BY WHICH THEY ARE • The offender has no intention to cause an
COMMITTED: injury to the person, property or right of
(1) Intentional Felonies (DOLO) another.
(2) Culpable Felonies (CULPA)
• Acts executed negligently are voluntary.

1. Intentional Felonies (DOLO) Requisites:


1. Freedom
The act or omission is performed with deliberate 2. Intelligence
intent or malice to do an injury. 3. Negligence.14

The offender has the intention to cause injury to


the person, property, or right of another. DISTINCTION BETWEEN IMPRUDENCE AND
NEGLIGENCE
Requisites: (FII) Imprudence Negligence
1. Freedom Deficiency of action Deficiency of perception
Voluntariness on the part of the person to Lack of skill Lack of foresight
commit the crime.

2. Intelligence DOLO VS. CULPA


Capacity to know and understand the Culpable
Intentional (Dolo)
consequences of one’s act. (Culpa)
Act is malicious. Not Malicious.
3. (Criminal) Intent With deliberate Injury caused is unintentional being
The purpose to use a particular means to intent. incident of another act performed
without malice.
effect such result.
Has intention to Wrongful act results from imprudence,
cause an injury. negligence, lack of foresight or lack of
• (General) Intent to commit an act with skill.
malice, being a purely mental process, is
presumed. EXAMPLES OF CRIMES WHICH CANNOT BE
COMMITTED THROUGH IMPRUDENCE OR
• Intent presupposes the exercise of NEGLIGENCE (AS THEY REQUIRE SPECIFIC INTENT):
freedom and the use of intelligence. 1. Murder
2. Treason
• Absence of criminal intent is a defense 3. Robbery
not to incur criminal liability. 4. Malicious Mischief
5. Arson

GENERAL CRIMINAL INTENT VS. SPECIFIC


CRIMINAL INTENT (Honest) Mistake of Fact
A misapprehension of fact on the part of the accused
General Criminal Intent Specific Criminal Intent who caused injury to another.
An intention to do a An intention to commit a definite
wrong. act. • It destroys the presumption of criminal intent
Presumed to exist Existence of the intent is not
which arises upon the commission of a felonious
from the mere doing presumed.
of a wrongful act act. [People v. Coching, et al. citing People v.
The burden of proving The burden of proving the existence Oanis]
the absence of intent of the intent is upon the
is upon the accused. prosecution; as such intent is an • It is NOT applicable in culpable felonies.
element of the crime.
• It CANNOT be invoked in error in personae or
mistake in identity.
2. Culpable Felonies (CULPA)
Act or omission is not malicious. (Performed
without malice)

Bar 2011
Wrongful act results from imprudence, negligence, lack of
foresight or lack of skill.
14The offender is imprudent, negligent, or lacks foresight or
skill while doing the act or omitting to do the act.

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Requisites: 7. In verifying the specific intent of the offender


1. That the act done would have been lawful had which would therefore determine the correct
the facts been as the accused believed them to crime the offender’s act or acts would fall under.
be;

2. That the intention of the accused in performing (B) ELEMENTS OF CRIMINAL LIABILITY
the act should be lawful;
Article 4, RPC.
3. That the mistake must be without fault or
Criminal liability. – Criminal liability shall be incurred:
careless on the part of the accused.
1. By any person committing a felony (delito) although
the wrongful act done be different from that which he
INTENT VS. MOTIVE intended.
BAR 1996, 1999, 2004
Intent Motive 2. By any person performing an act which would be an
It is the reason for using It is the moving power which offense against persons or property, were it not for
a particular means to impels one to action for a the inherent impossibility of its accomplishment or on
effect such result. definite result. account of the employment of inadequate or
ineffectual means.
It is an element of the It is not an element of the
crime, except in crime.
unintentional felonies.
Par. 1:
It is essential in It is essential only when the By any person committing a felony (delito) although
intentional felonies. identity of the perpetrator or
the wrongful act done be different from which he
the specific crime committed is
in doubt. intended.

• It covers intentional crimes (dolo) only.

• Motive is NOT an essential element of crime, and • The wrongful act done must NOT result from
hence, need not be proved for purposes of imprudence, negligence, lack of foresight or lack
conviction. of skill of the offender.

• Good motive does NOT prevent an act from being Requisites:


a crime. (i.e., technical malversation) 1. That an intentional felony has been committed.

• Proof of motive is NOT sufficient to support 2. That the wrong done to the aggrieved party must
conviction. be the direct, natural, and logical consequence of
the felony committed.
• Lack of motive may be an aid in showing the
innocence of the accused.
a. That an intentional felony has been committed.

When Motive is Necessary: No felony is committed when:


1. There is doubt as to the identity of the assailant; i. The act or omission is not punishable by the
RPC; or
2. In ascertaining the truth between the conflicting
theories or versions of the killing; ii. The act is covered by any of the justifying
circumstances
3. Where the identification of the accused proceeds
from an unreliable source and the testimony is • Act or omission should NOT be punished
inconclusive and not free from doubt; by a special law.

4. Where there are no eyewitnesses to the crime and • Any person who creates in another’s
suspicion is most likely to fall upon a number of mind an immediate sense of danger,
persons; which causes the latter to do something
resulting in the latter’s injuries, is liable
BAR 2011 for the resulting injuries.
5. If the evidence is merely circumstantial;
b. That the wrong done to the aggrieved party
must be the direct, natural, and logical
6. In ascertaining the motive in defense of stranger. consequence of the felony committed.

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CRIMINAL LAW 1 8 CRIMINAL LAW

A person is criminally responsible for acts Instance Criminally liable?


committed by him in violation of the law and for When there is an intervening disease
all the natural, direct, and logical consequences If disease is closely Yes.
resulting therefrom. related to the wound.
If disease is unrelated to No.
the wound.
If disease is combined Yes. Mortal wound is
Proximate Cause, defined force with wound. contributing factor to
That cause, which, in natural and continuous victim’s death.
sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the Note:
result would not have occurred. A mortal wound is a
contributing factor
• If the result can be traced back to the original when:
i. The wound is sufficient
act, then the doer of the original act can be held to cause the victim’s
criminally liable. death along with the
disease.
• The must be a relation of “cause and effect,” the
cause being the felonious act of the offended, the ii. The mortal wound was
effect being the resultant injuries and/or death caused by actions
of the victim. committed by the
accused.
When the death was caused by an infection of the wound
Thus, the person is still criminally liable if the due to the unskilled medical treatment from the doctors.
wrongful act done be different from that which he If the wound is mortal. Yes. Unskilled treatment
intended: and infection are not
efficient intervening
BAR 1999 causes.
1. Error in Personae If the wound is slight. No. Unskilled treatment
Mistake in the identity of the victim. and infection are efficient
intervening causes.
2. Abberatio Ictus
Mistake in the blow
Efficient Intervening Causes, defined
3. Praeter Intentionem
The injurious result is greater than that intended. Causes interrupting the natural flow of events from
the happening of the allegedly felonious act to the
resulting injury. This may relieve the offender from
When death is presumed to be the natural criminal liability.
consequence of physical injuries inflicted:
Not efficient intervening causes:
a. That the victim at the time the physical injuries a. The weak or diseased physical condition of the
inflicted was in normal health. victim. (e.g. tuberculosis, heart disease)

b. That death may be expected from the physical b. The nervousness or temperament of the victim;
injuries inflicted. (e.g. removing the drainage from wound)

c. That death ensued within a reasonable time. c. Causes which are inherent in the victim; (e.g. not
knowing how to swim, tuba addict)
Felony committed is not the proximate cause of the
resulting injury when: d. Neglect of the victim or third person; (ex. Refusal
of medical attendance)
1. There is an active force between the felony
committed and the resulting injury, such active e. Erroneous or unskilled medical or surgical
force is distinct a distinct act or fact absolutely treatment (unless the wound is slight or not
foreign from the felony committed. mortal)

2. The resulting injury is due to the intentional act • One is accountable only for his own acts and
of the victim. (i.e. fault or carelessness of the their natural, direct, and logical consequences,
victim must have its origin from his malicious act and not for those which bear no relation to the
or omission so as to increase the criminal liability initial cause.
of the assailant.

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CRIMINAL LAW 1 9 CRIMINAL LAW

• The offended party is not obliged to submit to a Crimes against property: (BRUT SC2AM2)
surgical operation to relieve the accused from a. Brigandage [Art. 306 - 307]
the natural and ordinary results of the crime. b. Robbery [Art. 294, 297 300, 302 - 303]
c. Usurpation [Art. 312 - 313]
• A person is not liable criminally for all possible d. Culpable Insolvency [Art. 314]
consequences which may immediately follow e. Theft [Art. 308, 310, 311]
his felonious act, but only for such as are f. Swindling and other deceits [Art. 315 - 318]
proximate. g. Chattel Mortgage [Art. 319]
h. Arson and other crimes involving destruction
[Art. 320 - 326]
(C) IMPOSSIBLE CRIME i. Malicious Mischief [Art. 327 - 331]

• Felony against persons or property should NOT


Par. 2 be actually committed, for otherwise, he would
By any person performing an act which would be an be liable for that felony; there would be no
offense against persons or property, were it not for impossible crime to speak of.
the inherent impossibility of its accomplishment or
on the account of employment of inadequate or
ineffectual means. b. That its accomplishment is inherently
impossible, or that the means employed is
Impossible Crime, defined either inadequate or ineffectual; and
Its commission is indicative of a criminal propensity or
criminal tendency on the part of the actor; he is a Inadequate, meaning
potential criminal. Insufficient.
• It is based on the positivist theory. Ineffectual, meaning
Means employed did not produce the result
• There is no attempted or frustrated impossible
expected.
crime. It is always consummated.

• Impossible crimes ONLY apply to grave and less Inherent impossibility of its accomplishment:
grave felonies.
a. Legal impossibility15
Where the intended acts, even if completed
REQUISITES OF IMPOSSIBLE CRIME: (PEIN)
would not amount to crime. (e.g. Stealing a
1. That the act performed would be an offense property that turned out to be owned by the
against persons or property. stealer)
2. That the act was done with evil intent.
b. Physical impossibility16
3. That its accomplishment is inherently impossible, When extraneous circumstances unknown to
or that the means employed is either inadequate the actor or beyond his control prevent the
or ineffectual; and consummation of the intended crime. (e.g.
When one tries to murder a corpse; peppered
4. That the act performed should NOT constitute a the victim’s house with bullets, the victim
violation of another provision of the RPC being absent at the time)
(otherwise, said act would be punishable under
said provision). Where the means employed is adequate and
the result is not produced, it is not an
impossible crime, but a frustrated felony.
a. That the act performed would be an offense
against persons or property.
Penalty
Crimes against persons: (PPRAHMID) The penalty for impossible crime is arresto menor or a
a. Parricide [Art. 246] fine ranging from 200-500 pesos.17
b. Physical injuries [Art. 262 - 266]
c. Rape [Art. 266 - A]
d. Abortion [Art. 256 - 259] Art 5, RPC.
e. Homicide [Art. 249] Duty of the court in connection with acts which should be
f. Murder [Art. 248]
g. Infanticide [Art. 255] 15 Intod Et. Al. v. CA, G.R. No. 103119
h. Duel [Art. 260 - 261] 16 People v. Domasian, 219 SCRA 245
17 Art. 59 of the Revised Penal Code

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CRIMINAL LAW 1 10 CRIMINAL LAW

repressed but which are not covered by the law, and in cases • It is the duty of the judicial officers to
of excessive penalties. – Whenever a court has knowledge of respect and apply law, regardless of their
any act which it may deem proper to repress and which is not private opinions.
punishable by law, it shall render the proper decision, and
shall report to the Chief Executive, through the Department
of Justice, the reasons which induce the court to believe that • The only function of the judiciary is to
said act should be made the subject of penal legislation. interpret the law and, if not in disharmony
with the Constitution, to apply them.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such • Judge has the duty to apply the law as
statement as may be deemed proper, without suspending the interpreted by the Supreme Court.
execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a
clearly excessive penalty, taking into consideration the • Not applicable to crimes punished by special
degree of malice and the injury caused by the offense. laws.

Par. 1: (D) STAGES OF EXECUTION


“In connection with acts which should be repressed
but which are not covered by the law.”
Art 6, RPC.
Consummated, frustrated, and attempted felonies. –
Requisites: Consummated felonies, as well as those which are
1. The act committed by the accused appears not frustrated and attempted, are punishable.
punishable by any law;
A felony is consummated when all the elements necessary
2. But the court deems it proper to repress such act; for its execution and accomplishment are present; and it is
frustrated when the offender performs all the acts of
3. In that case, the court must render the proper execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by
decision by dismissing the case and acquitting the
reason of causes independent of the will of the
accused; perpetrator.

4. The judge must then make a report to the Chief There is an attempt when the offender commences the
Executive, through the Sectary of Justice, stating commission of a felony directly by overt acts, and does not
the reasons which induce him to believe that the perform all the acts of execution which should produce the
said act should be made the subject of penal felony by reason of some cause or accident other than this
legislation. own spontaneous desistance.

Par. 2
“In cases of excessive penalties.” MANNER OF COMMITTING CRIMES
1. Formal Crimes
Requisites:
1. The court after trial finds the accused guilty; Formal crimes, defined
Consummated in one instant, no attempt. It
2. The penalty provided by law and which the court consummates the crime by mere attempt or
imposes for the crime committed appears to be proposal or by overt act.
clearly excessive, because –
E.g. slander, false testimony, mere act of selling
a) The accused acted with lesser degree of or acting as a broker for the sale of prohibited
malice, and/or; drugs, flight to enemy’s country, corruption of
minors, treason, physical injuries, acts of
b) There is no injury or the injury case is of lasciviousness.
lesser gravity.
2. Crimes consummated by mere attempt or
3. The court should not suspend the execution of the proposal or by overt act.
sentence.
3. Felony by omission
4. The judge should submit a statement to the Chief
Executive, through Secretary of Justice, • There is no attempted stage because the
recommending executive clemency. offender does not execute acts. He omits to
perform an act which the law requires him to
do. (Except for killing a child by starving him)

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CRIMINAL LAW 1 11 CRIMINAL LAW

4. Crimes requiring the intervention of two persons Felony deemed commenced directly by overt acts
to commit them are consummated by mere when the following are present:
agreement. (e.g. betting in sports contests, a. That there be external acts;
corruption of public officials, etc.)
b. Such external acts have direct connection
• The offer made by one of the parties to the with the crime intended to be committed.
other constitutes attempted felony if the
offer is rejected. Overt Act
A physical activity or deed, indicating the
• It is frustrated if the person returned the intention to commit a crime. [Reyes]
money given by the offender.
Indeterminate Offense
5. Material Crimes It is one where the purpose of the offender in
• Crimes which involve the three stages of performing an act is not certain. Its nature in
execution. (e.g. homicide, murder, robbery, relation to its objective is ambiguous; thus, the
etc.) accused may be convicted of a felony defined by
the acts performed by him up to the time of
desistance.
DEVELOPMENT OF CRIME
1. Internal acts “Directly by overt acts”
Mere ideas in the mind of a person are not Only offenders who personally execute the
punishable. commission of a crime can be guilty of
attempted felony. Thus, principal by inducement
2. External Acts cannot be guilty of attempted felony.
Cover (a) preparatory acts and (b) acts of
execution.
b. That the offender does NOT perform all the acts
Preparatory act of execution which produce the felony.
Ordinarily, these acts are not punishable.
(Except for Art. 8 when the law provides for its Something still remains to be done by the
punishment in certain felonies, Art. 304: offender. If anything yet remained for him to do,
possession of picklocks, and Art. 176: possession he would be guilty of attempted felony.
of implements for committing falsification)
c. The offender’s act be not stopped by his own
Acts of execution spontaneous desistance.
They are punishable under RPC as provided by
Art. 6. The offender fails and stops to perform all the
acts of execution which should produce the felony
because of some cause or accident, not his own
STAGES OF EXECUTION:18 spontaneous desistance.
1. Attempted Felony
d. That the felony is not produced by reason of
Requisites: some cause or accident other than his own
1. That the offender commences the spontaneous desistance.
commission of a felony directly by overt acts.
If the actor does not perform all the acts of
2. That the offender does not perform all the execution by reason of his own spontaneous
acts of execution which produce the felony. desistance, there is no attempted felony. The law
does not punish him.
3. The offender’s act is not stopped by his own
spontaneous desistance. • It is not necessary that spontaneous
desistance be actuated by good motives.
4. The non-performance of all acts of execution • Desistance should be made before all the
was due to a cause or accident other than his acts of execution are performed.
own spontaneous desistance.
Desistance
It is an absolutory cause which negates
a. That the offender commences the commission criminal liability because the law encourages
of a felony directly by overt acts a person to desist from committing a crime.

18 Does not apply to crimes under special laws, unless • The desistance which exempts from
otherwise provided; crimes by omission; and formal crimes. criminal liability has reference to the

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CRIMINAL LAW 1 12 CRIMINAL LAW

crime intended to be committed, and has Consummated Stage


no reference to the crime actually It is the result of the acts of the execution, that
committed by the offender before his is, the accomplishment of the crime.
desistance.
• If both the subjective phase and objective
Legal Desistance Factual Desistance phase are present, there is a consummated
Definition felony.
Desistance referred to in law Actual Desistance of the
which would obviate the actor; the actor is still liable
criminal liability unless the for the attempt.
The spontaneous desistance of the accused is
overt act or preparatory act
already committed in EXCULPATORY only:
themselves constitute a
felony other than what the a. if made during the attempted stage, and
actor intended.
Time or Period Employed b. provided that the acts already committed do
Desistance made during the Desistance made after the not constitute any offense.
attempted stage. attempted stage of the
crime.
1. FRUSTRATED FELONY
• In attempted felony, the offender never passes
the subjective phase of the offense. Requisites:
1. The offender performs all the acts of
Subjective Phase (definition) execution;
That portion of the acts constituting the crime,
starting from the point where the offender begins 2. All the acts performed would produce the
the commission of the crime to that point where felony as a consequence;
he still has control over his acts, including the
act’s natural course. 3. But the felony is not produced; and

• If between those two points the offender is 4. The felony is not produced by reason of
stopped by any cause outside of his own causes independent of the will of the
voluntary desistance, the subjective phase perpetrator.
has not been passed and it is an attempt.
Certain causes which may prevent the
• If he is not so stopped but continues until he consummation of the offense are:
performs the last act, it is frustrated,
provided the crime is not produced. The acts a. Intervention of third persons who
then of the offender reached the objective prevented the consummation of the
phase. offense; thus, it makes it frustrated.

Attempted Stage b. Perpetrator’s own will; thus, it ceases to


Marks the commencement of the subjective be frustrated.
phase.

Frustrated Stage 2. CONSUMMATED FELONY


The end of subjective phase and the start of the When all the elements necessary for its
objective phase. execution and accomplishment are present.

When not all of the elements of a felony are


proved

• When a felony has two or more elements


and one of them is not proved, either:

1. The felony is not shown to have


been committed; or

2. Another felony is shown to have


been committed.

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CRIMINAL LAW 1 13 CRIMINAL LAW

Factors in determining stage of execution of felony:


A conspiracy exists when two or more persons come to an
1. Nature of the offense; agreement concerning the commission of a felony and
decide to commit it.
2. Elements constituting the felony;
3. Manner of committing the felony; There is proposal when the person who has decided to
commit a felony proposes its execution to some other
person or persons.
Attempted Frustrated Impossible
Evil intent is not Evil intent is not Evil intent is not
accomplished. accomplished. accomplished. General Rule: Mere conspiracy or proposal to commit
Evil intent is Evil intent is Evil intent is a felony is NOT punishable since they are only
possible of possible of impossible to
accomplishment. accomplishment. accomplish.
preparatory acts.
What prevented What prevented Evil intent cannot
the the be accomplished Exception: In cases in which the law specially
accomplishment is accomplishment is because of its provides a penalty therefor.
the intervention the intervention of inherently
of certain cause certain cause by a impossible
or accident in third person to accomplishment A. CONSPIRACY
which the prevent its or the means
offender had no consummation or employed by the
Conspiracy, defined
part. by the own will of offender is
the perpetrator. inadequate or When two or more persons come to an agreement
ineffectual. concerning the commission of a crime and decide to
commit it. (Agreement may be oral or written,
express or implied.)
Art 7, RPC.
When light felonies are punishable. – Light felonies are Requisites:
punishable only when they have been consummated, with the 1. That two (2) or more persons came to an
exception of those committed against persons or property. agreement;

2. That the agreement pertains to a commission of a


felony; and
Light felonies, defined
Light felonies are those infractions of law for the 3. That the execution of a felony was decided upon.
commission of which the penalty of arresto menor or
fine not exceeding 200 pesos, or both, is provided. • There must be participation with a criminal
[Art. 9, Par. 3] resolution because simple knowledge thereof
by a person may only make him liable as an
Note: Only principals and accomplices can be held accomplice.
liable for light felonies.
CRIMES WHICH ARE PUNISHABLE BY MERE
General Rule: Light felonies are punishable only when CONSPIRACY: (UNDER RPC)
they have been consummated. 1. Treason [Art. 115]
2. Rebellion [Art. 136]
Exception: Light felonies committed against persons 3. Insurrection [Art. 136]
or property, are punishable even if attempted or 4. Coup d’etat [Art. 141]
frustrated. 5. Sedition [Art. 141]
6. Monopolies and combinations in restraint of
LIGHT FELONIES UNDER RPC: trade. [Art. 186]
1. Slight physical injuries and maltreatment [Art.
266] CRIMES WHICH ARE PUNISHABLE BY MERE
2. Theft [Art. 309, pars. 7 and 8] CONSPIRACY: (UNDER SPECIAL LAWS)
3. Alteration of boundary marks [Art. 313] 1. Espionage,
4. Malicious Mischief [Art. 328, par. 3; Art. 329, par 2. Highway robbery,
3] 3. Illegal association,
5. Intriguing against honor [Art. 364] 4. Selected acts committed under the Dangers Drugs
Act,
5. Arson, and
Art 8, RPC. 6. Terrorism under the Human Security Act.
Conspiracy and proposal to commit felony. – Conspiracy
and proposal to commit felony are punishable only in the As a Manner of Incurring
cases in which the law specially provides a penalty As A Felony
Criminal Liability
therefor.
Conspirators should not If the conspirators commit it,

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CRIMINAL LAW 1 14 CRIMINAL LAW

actually commit treason, they will be held liable for Requisites:


rebellion, etc., it being treason, and the conspiracy a. That a person has decided to commit a felony;
sufficient that two or which they had before and
more persons agree and committing treason is only a
decide to commit it. manner of incurring criminal
b. That he proposes its execution to some other
liability, not treated as a
separate offense. person or persons.
Felony relates to a crime Conspiracy is not treated as a
actually committed. separate offense but used to RPC specially provides penalty for mere proposal in:
determine the liability of the 1. Treason
offenders. 2. Rebellion
In conspiracy, the act of one is 3. Insurrection
the act of all. 4. Coup d’etat

General Rule: When conspiracy is established, all who NO criminal proposal when:
participated therein, irrespective of the quantity or 1. The person who proposes is not determined to
quality of his participation is liable equally, whether commit the felony;
pre-planned or instantaneous.19
2. There is no definite, concrete, and formal
Exception: Unless one or some of the conspirators proposal but a mere suggestion;
committed some other crime which is not part of the
intended crime. 3. It is not the execution of a felony that is
proposed.
Exception to the exception: When the act constitutes
a “single indivisible offense.” • It is not necessary that the person to whom
the proposal is made agrees to commit of any
BAR 1998, 2003 of the TRIC.
Doctrine of Implied Conspiracy
Conspiracy may be inferred if it is proven that two or more
• If the proposal is accepted, it becomes
persons aimed their acts towards the accomplishment of the
same unlawful object, each doing a part so that their acts conspiracy.
although apparently independent were in fact connected and
cooperative, this indicating a closeness of personal • The crimes in which conspiracy and proposal
association and a concurrence of sentiments. are punishable are against the security of the
State or economic security.

• It is enough that at the time of the commission of


the offense, the offenders acted in concert, each Art. 9, RPC.
doing his part to fulfill their common design. Grave felonies, less grave, and light felonies. – Grave
felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are
• It must be shown that there is unity of purpose
afflictive, in accordance with Art. 25 of this Code.
and unity in the execution of the offense.
Less grave felonies are those which the law punishes with
• A conspiracy must be established by positive and penalties which in their maximum period are correctional, in
conclusive evidence. accordance with the above-mentioned article.

Light felonies are those infractions of law for the commission


B. PROPOSAL of which a penalty of arresto menor or a fine not exceeding
200 pesos, or both, is provided.
Proposal to commit a felony, defined
When a person decides to commit a crime and Grave Felonies, defined
proposes its execution to some other person or Those to which the law attaches the capital
persons. punishment20 or penalties which in any of their periods
are AFFLICTIVE, in accordance with Article 25 of the
Code.

ENUMERATION OF PENALTIES UNDER GRAVE


FELONIES:
1. Reclusion Perpetua;
2. Reclusion Temporal;
3. Absolute or Temporary Absolute Disqualification;
4. Absolute or Temporary Special Disqualification;
19People v. Recones Et. Al., 310 SCRA 809; People v.
Cantuba, 183 SCRA 289 20 Capital punishment is death.

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CRIMINAL LAW 1 15 CRIMINAL LAW

5. Prision Mayor Code. This Code shall be supplementary to such laws,


6. Fines more than 6000 pesos. unless the latter should specially provide the contrary.

Less Grave Felonies, defined General Rule: The provisions of the Revised Penal
Those which the law punishes with penalties which in Code are supplementary to special laws.
their maximum are CORRECTIONAL, in accordance
with Article 25 of this Code. Exceptions:
1. Where the special law provides otherwise.
ENUMERATION OF PENALTIES UNDER LESS GRAVE
FELONIES: 2. When the provisions of the RPC are impossible of
1. Prision Correctional; application, either by express provision or by
2. Arresto Mayor; necessary implication.
3. Destierro;
4. Suspension;
5. Fines equal to or more than 200 pesos but not less PROVISIONS OF THE RPC MADE SUPPLEMENTARY
than 6000 pesos. TO SPECIAL LAWS:

1. Article 8 (regarding conspiracy.)


RULES ON GRAVE AND LESS GRAVE FELONIES:
a. Where the penalty prescribed for the offense is 2. Article 12, paragraph 3 (regarding exempting
composed of two or more distinct penalties, the circumstance of minority was applied to R.A. 509,
higher of highest of the penalties must be an the Anti-Profiteering Law.)
afflictive/ correctional penalty.
3. Article 17 (regarding the participation of the
b. If the penalty prescribed is composed of two or principal in the commission of the crime.)
more period corresponding to different divisible
penalties, the higher or maximum must be that of 4. Article 22 (with reference to the retroactive
an afflictive/ correctional penalty. effect of penal law if they favored the accused)

c. If the penalty is composed of two periods of an 5. Article 100 and 39 (regarding the indemnity and
afflictive/ correctional penalty or two periods subsidiary imprisonment were applied to the
corresponding to different afflictive/ correctional Motor Vehicle Law.)
penalties, the offense for which is prescribed is a
grave felony/ less grave felony.
PROVISIONS OF THE RPC WHICH WERE HELD
INAPPLICABLE TO SPECIAL LAWS:
Light Felonies, defined
Those infractions of law for the commission of which 1. Article 6 (regarding attempted or frustrated
the penalty of arresto menor or a fine not exceeding felonies.)
200 pesos, or both, is provided.
2. Article 13 (regarding mitigating circumstances.)
Note:
When the code provides a fine of exactly 200 pesos for 3. Article 14 (regarding aggravating circumstances.)
the commission of a felony, it is a light felony
regardless of the provision in Article 26 of the Code Note:
which provides that a fine not less than 200 pesos is a Articles 13 and 14 of the RPC are applicable to
correctional penalty. special laws if the latter follows the scheme of
penalties of the RPC.

Importance of Classification: 4. Articles 16 to 19 (regarding accomplices and


1. To determine whether these felonies can be accessories.)
complex crimes or not.
5. Articles 50 to 57 and Article 64 (regarding the
2. To determine the prescription of the crime and scale of penalties.)
the prescription of the penalty.

Art. 10, RPC.


Offenses not subject to the provisions of this Code. –
Offenses which are or in the future may be punishable
under special laws are not subject to the provisions of this

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CRIMINAL LAW 1 16 CRIMINAL LAW

(E) CONTINUING CRIMES Kinds:


1. Real or material plurality
DIFFERENT crimes in law, as well as in the
Continuing crime – a single crime, consisting of a conscience of the offender; the offender shall be
series of act, but all arising from ONE CRIMINAL PUNISHED for each and every offense that he
RESOLUTION; length of time in the commission is committed.
immaterial.
2. Formal or ideal plurality
Requisites: Only ONE criminal liability.
1. Multiplicity of acts;
2. Unity of criminal purpose or intent; and
3. Unity of criminal offense violated. Three groups under the formal type:
a. When the offender commits any of the complex
Not a complex crime because the offender does not crimes in Art. 48.
perform a single act. But a series of act. And one
offense is not a necessary means for committing the b. When the law specifically fixes a single penalty
other. for two or more offenses committed (Special
Complex Crimes).
In determining venue, a continued, continuous or
continuing crime is DIFFERENT from a transitory crime c. When the offender commits continuous crimes.
(moving crime) – in the latter case, criminal action
may be instituted and tried in the court of the BAR 2004
municipality, city or province wherein any of the Two kinds of complex crimes:
essential ingredients thereof took place. 1. Compound Crimes
A single act constitutes two or more grave or less grave
Real or material plurality Continued crime felonies.
There is series of acts There is a series of acts
performed by the offender. performed by the offender. Requisites:
Each act performed by the The different acts a. That only a single act is performed by the offender;
offender constitutes a constitute only one crime;
separate crime; each act is all of the acts performed b. That the single act produces:
generated by a distinct arise from one criminal
i. Two or more grave felonies
criminal impulse resolution.
ii. One or more grave and one or more less grave
Continuing offense felonies, or

A continuous, unlawful act or series of acts set on foot iii. Two or more less grave felonies.
by a single impulse and operated by an unintermittent • Light felonies produced by the same act should be
force, however long a time it may occupy. treated and punished as separate offenses or may be
absorbed by the grave felony or when committed with
Although there is a series of acts, there is only one force or violence.
crime committed. Hence, only one penalty shall be
• Article 48 excludes crimes punishable by special laws.
imposed.
• Criminal negligence [Art. 365] can be complexed.
2. Complex crime proper
An offense is a necessary means for committing another
(F) COMPLEX CRIMES AND COMPOSITE offense.
CRIMES Requisites:
a. At least two offenses are committed;
Art 48, RPC.
b. One or some of the offenses must be necessary to
Penalty for complex crimes. – When a single act constitutes
commit the other; and
two or more grave or less grave felonies, or when an offense
is a necessary means for committing the other, the penalty c. Both or all of the offenses must be punished under
for the most serious crime shall be imposed, the same to be the same statute.
applied in its maximum period.
• Note: Necessary means is not equivalent to
indispensable means. It is also not inherent in the
Plurality of Crimes, defined crimes nor defines the other crime so as to
constitute an element of another offense
Consists in the successive execution, by the same
committed.
individual, of different criminal acts, upon any of
which no conviction has yet been declared. • The first offense must be consummated.

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CRIMINAL LAW 1 17 CRIMINAL LAW

NO COMPLEX CRIME IN THE FOLLOWING CASES: Rules in Art. 48 are NOT applicable:
1. In case of continuous crimes; 1. When the crimes subject of the case have
2. When one offense is committed to conceal the other; common elements;
3. When the other crime is an indispensable part or an
element of the other offense or offenses;
4. Where one of the offenses is penalized by a special 2. When the crimes involved are subject to the rule
law; and of absorption of one crime by the other;
5. When the provision provides for a two-tiered penalty.
3. Where the two offenses resulting from a single
act are specifically punished as a single crime,
Note: such as less serious physical injuries with serious
• Art. 48 is intended to favor the culprit. slander of deed, since this is punished under Art.
265 par. 2 as the single crime of less serious
• The penalty for complex crime is the penalty for physical injuries with ignominy;
the most serious crime, the same to be applied in
its maximum period. 4. In special complex crimes or composite crimes;

• If different crimes resulting from one single act 5. When the crimes involved cannot be legally
are punished with the same penalty, the penalty complexed, viz:
for any one of them shall be imposed the same to a. Abusive service of search warrant [Art. 129]
be applied in the maximum period. with perjury [Art. 183];

• When two felonies constitute a complex crime, b. Bribery [Art. 210] with infidelity in the
are punishable by imprisonment and fine custody of prisoners [Arts. 223-225];
respectively only the penalty of imprisonment
should be imposed. c. Maltreatment of prisoners [Art. 235] with
serious physical injuries [Art. 263];
• There is no fine imposed in complex crimes.
d. Usurpation of real right [Art. 312] with
serious physical injuries [Art. 263]; and
• When a complex crime is charged and one offense
is not proven the accused can be convicted of the e. Abandonment of persons in danger [Art. 275]
other. and crimes against minors [Arts. 276 to 278]
with any other felony.
• There is NO complex crime in estafa thru
falsification of private document as both crimes
require damage as an element which, if used for
one renders the other incomplete, hence, the Special Complex Crimes, defined
query is as to which crime was committed first. Those which are expressly treated by law as single
indivisible offenses although comprising more than
• If at the outset, the accused took a woman away one specific crime and with specific penalty.
against her will and with lewd designs on his part
and he thereafter raped her, this would clearly be Examples:
the complex crime of abduction with rape.21 1. Rape with homicide,

• Subsequent acts of intercourse after forcible The homicide must always be consummated;
abduction with rape are separate acts of rape for otherwise, the two would constitute separate
even while the first act of rape was being offenses. The rape may either be consummated or
performed the crime of forcible abduction was attempted.
already consummated so that each of the three
succeeding rapes cannot be complexed with 2. Kidnapping with homicide,
forcible abduction.22
3. Kidnapping with rape,
• There is no complex crime of rebellion with
murder arson, robbery or other common crimes. Kidnapping with rape is different from abduction
with rape; in the latter, there is lewd design
• Article 48 does not apply to Act Penalized under [People vs. Jose G.R. No. L -28232, Feb 6, 1971]
Article 365 of the Revised Penal Code.23
4. Robbery with homicide,

21 People vs. Oso, 62 Phil. 271 Additional acts of homicide are NOT aggravating.
22 People vs. Jose, G.R. No. L-282232, Feb 6, 1971
23 Ivler vs. San Pedro & Ponce, G.R. No. 172716, Nov 17, 2010
5. Robbery with rape,

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CRIMINAL LAW 1 18 CRIMINAL LAW

(A) JUSTIFYING CIRCUMSTANCES


Additional acts of rape not aggravating.
Art 11, RPC.
Note: There is no complex crime of Arson with
Justifying circumstances. – The following do not incur any
Homicide.24 criminal liability:
1. Anyone who acts in defense of his person or rights,
provided that the following circumstances concur:
Bar 2003, 2005
Special complex crime or First. Unlawful aggression;
Ordinary complex crime
composite crime
As to their concept Second. Reasonable necessity of the means employed
It is made up of two or more It is made up to two or to prevent or repel it;
crimes being punished in distinct more crimes which are
provisions of the RPC but alleged considered only as Third. Lack of sufficient provocation on the part of the
in one information either because component of a single person defending himself.
they were brought about by a indivisible offense being
single felonious act or because punished in one 2. Anyone who acts in defense of the person or rights of
one offense is a necessary means provision of the revised his spouse, ascendants, descendants, or legitimate,
for committing the other offense penal code. natural or adopted brothers or sisters, or of his
or offenses. relatives by affinity in the same degrees and those by
As to penalty consanguinity within the fourth civil degree, provided
Penalty for the most serious It is the penalty that the first and second requisites prescribed in the
crime shall be imposed and in its specifically provided for next preceding circumstance are present, and the
maximum period. the special complex further requisite, in case the revocation was given by
crime that shall be the person attacked, that the one making defense had
applied according to the no part therein.
rules on imposition of
the penalty. 3. Anyone who acts in defense of the person or rights of
a stranger, provided that the first and second
requisites mentioned in the first circumstance of this
Note:
article are present and that the person defending be
Only one information should be filed when a complex not induced by revenge, resentment, or other evil
crime is committed. motive.

4. Any person who, in order to avoid an evil or injury,


2. CIRCUMSTANCES AFFECTING does not act which causes damage to another,
provided that the following requisites are present:
CRIMINAL LIABILITY
First. That the evil sought to be avoided actually
Imputability, defined exists;
The quality by which an act may be ascribed to a
Second. That the injury feared be greater than that
person as its author. done to avoid it;

Responsibility, defined Third. That there be no other practical and less


The obligation of taking the penal and civil harmful means of preventing it.
consequences of the crime.
5. Any person who acts in the fulfillment of a duty or in
Guilt, defined the lawful exercise of a right or office.
An element of responsibility without which a man
6. Any person who acts in obedience to an order issued
cannot be made to answer for the consequences of a by a superior for some lawful purpose.
crime.

Justifying Circumstances, defined


Those where the act of a person is said to be in
accordance with law, so that such person is deemed
not to have transgressed the law and is free from both
criminal and civil liability. There is no civil liability,
except in par. 4 of Article 11 where the civil liability is
born by the persons benefited by the act.

• The burden of proof is on the accused who must


prove it by clear and convincing evidence.

24People of the Philippines v. Edna Malngan, G.R. No. • There is both no crime and no criminal.
170470, September 26, 2006

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CRIMINAL LAW 1 19 CRIMINAL LAW

c. Foot-kick greeting is not an unlawful


PAR 1: SELF-DEFENSE aggression.

SUBJECTS OF SELF-DEFENSE: (PPRH) d. Slap on the face constitutes unlawful


a. Defense of Persons aggression. (defense of honor)
b. Defense of Property
c. Defense of Rights • Public officer exceeding his authority may
d. Defense of Honor become an unlawful aggressor.

Self-defense is lawful because: • When the aggressor flees or desisted,


1. Impulse of self-preservation; unlawful aggression no longer exists.
2. Impossibility on the part of the State to avoid a
present and unjust aggression and protect a • When unlawful aggression which has began no
person unlawfully attacked. longer exists, the one making defense has no
more right to kill or even wound the former
Kinds of aggression aggressor.27
a. Lawful
1. In the exercise of a right; Exception: When the aggressor retreated to
2. In the fulfillment of duty. take a more advantageous position to insure
b. Unlawful the success of the attack already begun by
him, the unlawful aggression is considered
Requisites of Self Defense: (URL) still continuing.
1. Unlawful aggression25;
2. Reasonable necessity of the means employed to • No unlawful aggression when there is
prevent or repel it; agreement to fight PROVIDED that:
3. Lack of sufficient provocation on the part of the
offender. a. The challenge is voluntarily accepted.

If NOT voluntarily accepted, an attack


a. Unlawful Aggression26 subsequent to it is becomes an unlawful
Equivalent to an actual physical assault or a aggression.
threatened assault of an immediate and imminent
kind which is offensive and positively strong, b. It occurred at the stipulated time and
showing the wrongful intent to cause injury. place.

• There is peril to one’s life, limb, or right. If NOT at the stipulated time and place,
an attack subsequent to it becomes an
Actual, defined unlawful aggression.
The danger must be present, that is, actually in
existence. • One who voluntarily joins a fight cannot
claim self-defense.
Imminent, defined
The danger is on the point of happening. It is not
required that the attack already begins, for it Unlawful aggression in defense of other rights.
may be too late.
1. Defense of Right to Chastity
• There must be actual physical force or actual • Embracing a woman, touching her
use of weapon. private parts and her breast, and
throwing her to the ground for the
a. Hence, insulting words without physical purpose of raping her constitute unlawful
assault does not constitute unlawful aggression.
aggression.
• Attempt to rape a woman
b. Mere push or shove without sub, not
followed by other acts, does not • Placing of hand by a man on the woman’s
constitute unlawful aggression. upper thigh is unlawful aggression.

25 Condition sine qua non. Without with there is no basis for


subsequent elements. 27People v. Geneblazo, 361 SCRA 572; People v. Bautista,
26 People v. Patotoy, 261 SCRA 37 424 SCRA 63

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CRIMINAL LAW 1 20 CRIMINAL LAW

2. Defense of property. Necessity of the recourse taken


• In determining the existence of unlawful
aggression that induced a person to take a
3. Defense of home. course of action, the place and occasion of
the assault and the other circumstances must
• Violent entry to another’s house. be considered.

• When the picking up of a weapon is • When the aggressor desisted, refused to


preceded by circumstances indicating the fight, disarmed, or prostrated on the ground,
intention of the deceased to use it in there is nothing more to prevent or repel.
attacking the defendant, such act is
considered unlawful aggression. • When only minor physical injuries are
inflicted after unlawful aggression has ceased
to exist, there is still self-defense IF mortal
• Aggression must be real, not merely wounds were inflicted at the time the
imaginary. requisites of self-defense were present,
PROVIDED that those relatively minor physical
An aggression that is expected is still real, injuries do not contribute or hasten the death
provided it is imminent. of the victim.

• Unlawful aggression must come from the The person defending himself is not expected to
person attacked by the accused. control his blow.

• Mere oral threats or threatening stance or • The suddenness of aggression gives no time to
posture is not sufficient to be considered as the one defending to determine what course
unlawful aggression. of action to take.

• Mere belief of an impending attack is not • In repelling or preventing an unlawful


sufficient. aggression, the one defending must aim at his
assailant, and not indiscriminately fire his
deadly weapon.
Mistake of fact
In relation to mistake of facts or good faith and
honest belief of facts, the belief of the accused Necessity of the means used.
may be considered in determining the unlawful • The means employed by the person making
aggression. defense must be rationally necessary to
prevent or repel an unlawful aggression.
• There is self-defense even if the aggressor
used a toy gun, provided that the accused • It depends upon the (a) nature and quality of
believed it to be a real gun. the weapon used by the aggressor, (b) his
physical condition, (c) character, (d) size,
and (e) other circumstances, and (f) those of
b. Reasonable necessity of the means employed to the person defending himself, and also the
prevent or repel it (g) place and occasion of the assault.
Presupposes the existence of unlawful aggression,
which is either imminent or actual. • Reasonable necessity of the means employed
does NOT imply material commensurability or
“To prevent or repel” perfect equality between the means of attack
• A threat to inflict real injury places a person and defense. What the law requires is
in imminent danger; thus, it must be rational equivalence.
prevented.
• The means employed by the person under
• An actual physical assault places a person in attack is deemed reasonable if it cannot
actual danger; thus, it must be repelled. shown that the person assaulted (1) had
other available means or (2) if there was
Elements: other means, he could coolly choose the less
1. Necessity for the course of action deadly weapon to repel the assault.
2. Necessity of the mean employed
• But when a person attacked with fist blows,
(BOTH of elements must be reasonable.) he must repel the same with fists also,
PROVIDED that the aggressor and the one

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CRIMINAL LAW 1 21 CRIMINAL LAW

defending himself are of the same size and 2. The attack made by the deceased and the killing
strength. of the deceased by the defendant should succeed
each other without appreciable interval of time.
• This element should be interpreted liberally
in favor of the accused. 3. The unlawful aggression must come from the
person who was attacked by the person invoking
self-defense.
c. Lack of sufficient provocation on the part of the
offender 4. Nature, character, location, and extent of the
wound of the person invoking self-defense
Cases in which the third requisite of self- allegedly inflicted by the injured party may belie
defense considered present when: claim of self-defense.

1. No provocation at all was given to the 5. Improbability of the deceased being the aggressor
aggressor by the person defending himself; or belies the claim of self-defense.

2. Even if a provocation was given, it was not


sufficient; or PAR 2: DEFENSE OF RELATIVES

3. Even if the provocation was sufficient, it was Requisites:


not given by the person defending himself; or 1. Unlawful aggression to the relative of the person
invoking defense of relatives;
4. Even if a provocation was given by the person 2. Reasonable necessity of the means employed to
defending himself, it was not proximate and prevent or repel it; and
immediate to the act of aggression. 3. In case the provocation was given by the person
attacked, the one making the defense had no part
Note: therein.
The exercise of a right cannot give rise to
sufficient provocation. • The person making defense is prompted by some
noble or generous sentiment in protecting and
How to determine the sufficiency of saving a relative.
provocation:
The provocation is sufficient if it is adequate to • The fact that the relative defended gave
stir the aggressor to its commission. provocation is immaterial.

The provocation is sufficient: • Inducement to inflict injury is the same as taking


a. When one challenges a person into a fight. part in the provocation.

b. When one hurls invectives at another. RELATIVES THAT CAN BE DEFENDED:


1. Spouse
• The requisite of “lack of sufficient 2. Ascendants
provocation” refers EXCLUSIVELY to “the 3. Descendants
person defending himself.” 4. Legitimate, natural, or adopted brothers or sisters
5. Relative by affinity within the same degree
Thus, if the accused appears to be the “in-laws” relatives
aggressor, it cannot be said that he was Survives the death of either party to the marriage
defending himself from the effect of which created the affinity.
another’s aggression. 6. Relative by consanguinity within the fourth civil
degree
Blood relatives:
RULES IN SELF-DEFENSE: 1st. Parents
1. Retaliation is not a self-defense 2nd.Legitimate Brothers and sisters
3rd. Uncles, Nieces, Aunts, Nephews
In retaliation, the aggression begun by the injured
4th. First cousins
party already ceased when the person invoking
self-defense attacked him.
PAR 3: DEFENSE OF STRANGERS
When unlawful aggression ceases, the defendant
no longer has the right to kill or even wound the Strangers, defined
aggressor. Any person not included in the enumeration of
relatives under par. 2 of Art. 11.

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CRIMINAL LAW 1 22 CRIMINAL LAW

• Damage to another includes injury to persons and STATE OF NECESSITY VS ACCIDENT


damage to property. Article 11, Par. 4 Article 12, Par. 4
Offender deliberately caused Offender accidentally caused
REQUISITES OF DEFENSE OF STRANGERS: damage damage
1. Unlawful aggression to the stranger defended;

2. Reasonable necessity of the means employed to PAR 5: FULFILLMENT OF DUTY OR LAWFUL


prevent or repel it; and EXERCISE OF RIGHT OR OFFICE

3. The person defending is not induced by revenge, Requisites:


resentment or other evil motives. 1. That the accused acted in the performance of
duty or in the lawful exercise of a right or office;
It requires the person making defense to be actuated and
by disinterested or generous motives.
2. That the injury caused or the offense committed
• Furnishing a weapon to one in serious danger of be the necessary consequence of the due
performance of duty or the lawful exercise of
being throttled or about to be throttled is defense
such right or office.
of stranger.
Delima Doctrine 28
The shooting by guards of escaping prisoners is always
justified.
PAR 4: AVOIDANCE OF GREATER EVIL OR INJURY • Security guards are NOT covered by the said
doctrine; they are not guarding prisoners.
Requisites:
1. That the evil sought to be avoided actually exists;
• In case of public officers, a public officer could be
said to be acting in the fulfillment of his duty if
• Evil sought to be avoided must not be merely
he is under the honest belief that his duty
expected or anticipated or may happen in the entailed committing the act impugned.
future.

2. That the injury feared be greater than that done Lawful exercise of rights or office
to avoid it; Applying Art. 429 of the Civil Code, if, in protecting
his possession of the property, he injures (not
• An exercise of right is not an evil to be seriously) the one trying to get it from him, he is
justifiably avoided. justified under this paragraph. [Reyes]

• It is not necessary that there be unlawful


3. That there be no other practical or less harmful
aggression against the person charged with the
means of preventing it. protection of the property; otherwise, it will fall
under self-defense. [Reyes]
• Greater evil must NOT be brought about by the
negligence or imprudence or violation of law by
the actor. PAR 6: OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE
• It is only in this paragraph of Art. 11 where there
is civil liability, BUT the civil liability is borne by Requisites:
the persons benefitted. [Art. 101] i.e., if firemen 1. That an order has been issued by a superior;
had to ram cars blocking their entry to a burning
building, the persons the firemen would save from 2. That such order must be for some lawful purpose;
the fire bear the civil liability. and

3. That the means used by the subordinate to carry


out said order is lawful.

• This circumstance refers to an unlawful order


with the appearance of legality. Subordinate is
not liable for carrying out an illegal order if he is

28 People vs. Delima, 46 PHIL. 738

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CRIMINAL LAW 1 23 CRIMINAL LAW

not aware of its illegality and has exhibited no believed in the need to kill him in order to save
negligence. her life. 29

• Presupposes that what was obeyed by the accused Requisites of BWS: 30


was a lawful order.
BAR 2011
If the accused complied with an UNLAWFUL order 1. Each of the phases of the cycle of violence must be
under a MISTAKE OF FACT he should not incur a proven to have characterized at least two battering
criminal liability. episodes between the appellant and her intimate
partner;

BAR 2011
BATTERED WOMAN SYNDROME (BWS) 2. The final acute battering episode preceding the
killing of the batterer must have produced in the
R.A. No. 9262, otherwise known as the “Anti-Violence battered person’s mind an actual fear of an
Against Women and their Children Act of 2004”, imminent harm from her batterer and an honest
provided the defense for the Battered Women belief that she needed to use force in order to
Syndrome which took effect on 27 March 2004. save her life;

Battered woman, defined 3. At the time of the killing, the batterer must have
A woman who is repeatedly subjected to any forceful posed probable -- not necessarily immediate and
physical or psychological behavior by a man in order actual -- grave harm to the accused, based on the
to coerce her to submit to his bidding with no concern history of violence perpetrated by the former
for her rights. against the latter.
• Includes wives or women in any form of
intimate relationship with men.
• Successfully invoking the Battered Woman (B) EXEMPTING CIRCUMSTANCES
Syndrome will create the effect of a
circumstance of self-defense. Art. 12, RPC.
Circumstances which exempt from criminal liability. – The
Three phases of the “cycle of violence”: following are exempt from criminal liability:
1. Tension building phase;
1. An imbecile or an insane person, unless the latter has
acted during a lucid interval.
This is the phase where minor batterings in the
form of verbal or slight physical abuse occurs. When the imbecile or an insane person has committed
Here, the woman tries to pacify the batterer an act which the law defines as a felony (delito), the
through a show of kind, nurturing behavior; or by court shall order his confinement in one of the
simply staying out of his way. hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave
2. Acute battering incident; without first obtaining the permission of the same
court.
The same is characterized by brutality, 2. A person under nine years of age.
destructiveness and sometimes, death. The
battered woman usually realizes that she cannot 3. A person over nine years of age and under fifteen,
reason with him and that resistance would only unless he has acted with discernment, in which case,
exacerbate her condition. such minor shall be proceeded against in accordance
with the provisions of Article 80 of this Code.
3. Tranquil, loving (or, at least, nonviolent) phase.
When such minor is adjudged to be criminally
irresponsible, the court, in conformity with the
This is where the couple experience a compound provisions of this and the preceding paragraph, shall
relief and the batterer may show a tender and commit him to the care and custody of his family who
nurturing behavior towards his partner. shall be charged with his surveillance and education;
otherwise, he shall be committed to the care of some
• In order to be classified as a battered woman, the institution or person mentioned in said Article 80.
couple must go through the battering cycle at
least twice. 4. Any person who, while performing a lawful act with
due care, causes an injury by mere accident without
fault or intention of causing it.
• Crucial to the BWS defense is the state of mind of
the battered woman AT THE TIME OF THE
OFFENSE - she must have actually feared
imminent harm from her batterer and honestly 29 People vs. Genosa, G.R. 135981, 15 January 2004
30 ibid

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CRIMINAL LAW 1 24 CRIMINAL LAW

5. Any person who act under the compulsion of


irresistible force. • An insane person is not so exempt if it can be
shown that he acted during a lucid interval BUT
6. Any person who acts under the impulse of an
an imbecile is exempt in all cases from criminal
uncontrollable fear of an equal or greater injury.
liability.
7. Any person who fails to perform an act required by
law, when prevented by some lawful or insuperable • Feeblemindedness is not exempting but can be
cause. considered as mitigating. 31

• Somnambulism or sleepwalking must be clearly


proven to be considered as an exempting
Exempting Circumstances circumstance under this article.
(Circumstances for Non-Imputability)
• There is wanting in the agent of the crime any of • Malignant malaria affects the nervous system and
the conditions which make the act voluntary or causes among others such complication as acute
negligent. melancholia and insanity at times and if clearly
proven will be considered as an exempting
• There is a crime but neither a criminal nor circumstance under this paragraph. 32
criminal liability.

• The burden of proof to prove the existence of an Two test of insanity


exempting circumstances lies with the defense. 1. Test of COGNITION
Complete deprivation of intelligence in
committing the crime.
BAR 2004
Justifying Exempting 2. Test of VOLITION
Circumstances Circumstances Total deprivation of freedom of will.
It affects the act not the It affects the actor not the
actor. act.
• In the Philippines, both cognition and volition test
The act is considered to The act complained of is
have been done within the actually wrongful, but the
are applied there must be complete deprivation
bounds of law; hence, actor is not liable. of the intellect (cognition) or will or freedom
legitimate and lawful in (volition)
the eyes of the law.
Since the act is considered Since the act complained of is • The defense must prove that the accused was
lawful, there is no crime. actually wrong, there is a insane at the time of commission of the crime
crime but, since the actor because the presumption is always in favor of
acted without voluntariness, sanity.
there is no dolo or culpa.
No crime There is a crime
No criminal
No criminal liability EFFECTS OF THE INSANITY OF THE ACCUSED
No civil liability (except There is civil liability (except
Art. 11, par. 4, where Art. 12, par 4 and 7, where Time when accused was insane Effect on criminal liability
there is civil liability) there is no civil liability At the time of the Exempt from liability
commission of the crime
During trial Proceeding will be
suspended and accused is
PAR 1: IMBECILITY OR INSANITY committed to a hospital
After judgment or while Execution of judgment is
Imbecility, defined serving sentence suspended the accused is
Exists when a person, while of advanced age, has a committed to a hospital the
mental development comparable to that of children period of confinement in the
between two to seven years of age. hospital is counted for the
purpose of the prescription
Insanity, defined of the penalty
Exists when there is a complete deprivation of
intelligence of freedom of the will. Mere abnormality • The fact that a person behaves in a crazy manner
of mental faculties is not enough especially if the is not conclusive of insanity.
offender has not lost consciousness of his acts.
• The prevalent meaning of the word “crazy is not
• Insanity and imbecility to exempt under Par 1, synonymous with the legal terms “insane, “non
must be COMPLETE and they cannot be graduated
in degrees of gravity. [Regalado, 2009, p.60] 31 People vs. Formigones, 87 Phil 661
32 People vs. Lacena, 69 Phil 350

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CRIMINAL LAW 1 25 CRIMINAL LAW

compos mentis,” “unsound mind,” “idiot,” or b. Where the imposable penalty exceeds 6 years
“lunatic”. The popular conception of the word imprisonment, diversion measures may be
“crazy” is being used to describe a person or an resorted to only by the court.
act unnatural or out of the ordinary a man may
behave in in a crazy manner but it does not 3. Exemption from criminal liability herein
necessarily and conclusively prove that he is established does not include exemption from
legally so. 33 civil liability.

BAR 2011
PAR 2 AND 3: MINORITY 34 4. The child in conflict with the law shall enjoy the
presumption of minority until he/she is proven to
JUVENILE JUSTICE AND WELFARE ACT OF 2006 be 18 years old or older (Section 7, par. 1)
(R.A. 9344)
1. Under R.A. 9344 (Juvenile Justice and Welfare
Act of 2006), the following are EXEMPT from The prosecutor shall conduct a preliminary
criminal liability: investigation and file information upon
determination of probable cause in the
a. Children who are 15 years of age or under at following instances (Section 33):
the time of the commission of the offense to
an intervention program. a. When the child in conflict with the law
does not qualify for diversion.
If after the intervention there is no reform
the minor shall be returned to the court for b. When the child, his/her parents or
the promulgation of the decision against the guardian does not agree to diversion.
minor: and then the court shall either decide
on the sentence or extend the intervention. c. Upon determination by the prosecutor that
diversion is not appropriate for the child in
b. Children above 15 but below 18 who acted conflict with the law.
without discernment.
5. Automatic Suspension of Sentence
Discernment, defined
Mental capacity to understand the difference Once the child who is under 18 years of age at the
between right and wrong as determined by time of commission of the offense is found guilty
the child’s appearance, attitude of the offense charged, the court shall determine
comportment and behavior not only before and ascertain any civil liability which may have
and during the commission of the offense but resulted from the offense committees. However,
also after and during the trial. instead of pronouncing the judgment of
conviction, the court shall place the child in
It is manifested through: conflict with law under suspended sentence,
1. Manner of committing the crime without need of application and impose the
2. Conduct of the offender appropriate disposition measures as provided in
the Supreme Court Rule on Juveniles in Conflict
Discernment Intent with the law. (Section 38)
Refers to moral significance Refers to the desired result
the person ascribes to the of the person 6. Upon recommendation of the social worker who
act. has custody of the child, the court shall order
the finals discharge of the child. The discharge
2. If the child referred herein acted with of the child in conflict with the law shall not
discernment, he/she shall undergo diversion affect the civil liability resulting from the
programs without undergoing court proceedings commission of the offense (Section 39.)
subject to the following conditions: (Section 23)

a. Where the imposable penalty is not more Summary of Rules


than 6 years of imprisonment, the Punong • If the judgment is an acquittal, the decision shall
Barangay or law enforcement officer shall immediately take effect without suspension and
conduct mediation, family conferencing and the decision shall be promulgated and
conciliation. pronounced.

• If the judgment is conviction, the promulgation of


the decision and the sentence shall be suspended
33 People vs. Florendo, G.R. No 136845, 8 October 2003
by the court, the minor shall be ordered to
34 Amended and superseded by R.A. 9344

LA SALLIAN COMMISION ON BAR OPERATIONS


CRIMINAL LAW 1 26 CRIMINAL LAW

undergo intervention, which shall have the • The person who used the force or created the
following effects: fear is criminally and primarily civilly liable, but
the accused who performed the act involuntarily
1. If after the intervention, there is reform on and under duress is still secondarily liable. (Art.
the part of the minor, the minor shall be 101)
returned to the court to dismiss the criminal
case and dismiss the charges against the • The compulsion must be of such character as to
minor. leave no opportunity to the accused for escape or
self-defense in equal combat.
2. If after the intervention, there is no reform,
the minor shall be returned to the court for
the promulgation of the decision against the PAR 6: UNCONTROLLABLE FEAR
minor, and then the court shall either decide
on the sentence or extend the intervention. Elements:
1. That the threat which causes the fear is of an evil
Note: greater than, or at least equal to, that which he
Only when there is (1) refusal to be is required to commit; and
subjected to reformation or (2) when there
is failure to reform can the child be 2. That it promises an evil of such gravity and
subjected to criminal prosecution and the imminence that an ordinary man would have
judicial system. succumbed to it.

• Duress as a valid defense should be based on a


real, imminent, or reasonable fear for one’s life
PAR 4: ACCIDENT WITHOUT FAULT OR INTENTION or limb and should not be a speculative, fanciful,
OF CAUSING IT. or remote fear.

Accident, defined • The compulsion must be of such character as to


An occurrence that happens outside the sway of our leave no opportunity to the accused for escape or
will, and although it comes about through some act of self-defense in equal combat.
our will, it lies beyond the bounds of humanly
foreseeable consequences. • It must presuppose intimidation or threat, not
force or violence, otherwise this would fall under
Elements: par. 5 on Irresistible Force.
1. A person is performing a lawful act;
2. With due care; Irresistible Force Uncontrollable Fear
3. He causes injury to another by mere accident; A third person uses violence A third person employs
and or physical force to compel intimidation or threat to
4. Without fault or intention of causing it. the person invoking compel the person invoking
Irresistible Force to commit Uncontrollable Fear to
• Accident presupposes the lack of intention to a crime. commit a crime.
Must have been made to May be generated by a
commit a wrong.
operate directly upon the threatened act directed to a
person of the accused. third (3rd) person.
The injury feared may be of The evil feared must be
PAR 5: A PERSON WHO ACTS UNDER THE a lesser degree than the greater or at least equal to
COMPULSION OF AN IRRESISTIBLE FORCE damage caused by the the damage caused to avoid
accused. it.
Elements: (PIT)
1. That the compulsion is by means of physical
force;
2. That the physical force must be irresistible; and PAR 7: INSUPERABLE CAUSE
3. That the physical force must come from a third
person. Insuperable cause, defined
A motive which has lawfully, morally or physically
• Passion and obfuscation cannot amount to prevented a person to do what the law commands.
irresistible force.
• Applies to felonies by omission.
• The force must be irresistible as to reduce the
actor to a mere instrument who acts not only Elements:
without will but against his will. 1. That an act is required by law to be done;
2. That a person fails to perform such act; and

LA SALLIAN COMMISION ON BAR OPERATIONS


CRIMINAL LAW 1 27 CRIMINAL LAW

3. That his failure to perform such act was due to Ordinary Privileged
some lawful or insuperable cause. If not majority of the If majority (which
elements of the justifying or necessarily includes the
exempting circumstance are indispensable element) of
present the elements of the
(C) MITIGATING CIRCUMSTANCES justifying or exempting
Subsections 2(2) - 10 of Art. circumstance are present,
Art. 13, RPC. 13 (RPC) Arts. 68, 69 and 64 of RPC.
Mitigating circumstances. – The following are mitigating
Paragraph 1 and 2 are
circumstances:
privileged mitigating under
Article 68 as amended by
1. Those mentioned in the preceding chapter, when all the
R.A. 9344 and Article 69.
requisites necessary to justify the act or to exempt from
criminal liability in the respective cases are not
Article 64, which produces
attendant.
the effect of a privileged
mitigating circumstance,
2. That the offender is under eighteen year of age or over applies only when there are
seventy years. In the case of the minor, he shall be two or more ordinary
proceeded against in accordance with the provisions of mitigating circumstances
Art. 80. without any generic
aggravating circumstances.
3. That the offender had no intention to commit so grave a As to the effect
wrong as that committed. If not offset (by generic It operates to reduce the
aggravating circumstances) it penalty by one or two
4. That sufficient provocation or threat on the part of the will operate to have the degrees.
offended party immediately preceded the act. penalty imposed at its
minimum period, provided
5. That the act was committed in the immediate the penalty is a divisible
vindication of a grave offense to the one committing the one.
felony (delito), his spouse, ascendants, descendants, As to offset
legitimate, natural or adopted brothers or sisters, or May be offset by generic Cannot be offset by a
relatives by affinity within the same degrees. aggravating circumstance. generic circumstance.

6. That of having acted upon an impulse so powerful as


naturally to have produced passion or obfuscation.
PAR 1: INCOMPLETE JUSTIFYING OR EXEMPTING
7. That the offender had voluntarily surrendered himself to
CIRCUMSTANCES
a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to General Rule: Treated as Ordinary Mitigating
the presentation of the evidence for the prosecution; Circumstance

8. That the offender is deaf and dumb, blind, or otherwise Exception: Treated as Privileged Mitigating
suffering some physical defect which thus restricts his Circumstance (If majority of the elements of the
means of action, defense, or communications with his justifying or exempting circumstance is present.)
fellow beings.

9. Such illness of the offender as would diminish the • If the justifying or exempting circumstance
exercise of the will power of the offender without has an even (2, 4, etc.) number of elements,
however depriving him of consciousness of his acts. half of it would already constitute the
majority.
10. And, finally, any other circumstances of a similar nature
and analogous to those above-mentioned.
Indispensable Requisites of Justifying/Exempting
Circumstances
Circumstance Indispensable Element
Mitigating Circumstances, defined Self-Defense Unlawful Aggression
Those which, if present in the commission of the Defense of Relatives Unlawful Aggression
crime, do not entirely free the actor from criminal Defense of Strangers Unlawful Aggression
liability, but serve only to reduce the penalty, not to State of Necessity The evil sought to be avoided
change the nature of the crime. actually exists
Performance of Duty The accused acted in the
performance of a duty or in the
• A mitigating circumstance arising from a single
lawful exercise of right or office
fact absorbs all the other mitigating Obedience to Order An order has been issued by a
circumstances arising from the same facts. of Superior superior
Minority above 15 Age of minor below 18
but below 18 years

LA SALLIAN COMMISION ON BAR OPERATIONS


CRIMINAL LAW 1 28 CRIMINAL LAW

of age • Intention may be ascertained by considering:


Causing injury by The accused in performing a lawful 1. The weapon used
mere accident act 2. The part of the body injured
Irresistible Force There is a compulsion by means of 3. The injury inflicted
physical force
4. The manner it is inflicted
Uncontrollable Fear There is a threat which causes a
feat of an evil greater than, or at
least equal to, that which he is • NOT applicable to felonies by negligence
required to commit
• NOT applicable to felonies where intention is
immaterial

PAR 2: OVER 15 BUT UNDER 18 YEARS OLD, IF • NOT applicable where the offender employed
THERE IS DISCERNMENT OR OVER 70 YEARS OLD
brute force.35

• It is the age of the accused at the time of the • Lack of intent to kill is not mitigating in physical
commission of the crime which should be
injuries.36However, it is mitigating when the
determined. His age at the time of the trial is
immaterial. victim dies and the felony charged is homicide. 37

Legal effects of various ages of offender: • NOT appreciated in cases where there is no
1. 15 and below material harm done.
Exempting
• Intent at the time of the commission of the felony
2. Above 15 but under 18 not during the planning stage should be
Exempting unless acted with discernment. But considered.
even with discernment, penalty is reduced by one
(1) degree lower than that imposed. [Art. 68, par.
2, amended by R.A. 9344]
PAR 4: PROVOCATION OR THREAT
3. Minor delinquent under 18 years of age who
Provocation, defined
acted with discernment
Any unjust or improper conduct or act of the offended
Sentence suspended. [Art. 192, PD 603 as
party capable of exciting inciting or irritating any one.
amended by PD 1179, referred to as Children in
Conflict with the Law under RA 9344]
Requisites:
1. The provocation must be sufficient;
Child in Conflict with the Law (definition)
A child who is alleged as, accused of, or adjudged
Sufficient means adequate to excite a person to
as, having committed an offense under Philippine
commit the wrong and must accordingly be
laws.
proportionate to its gravity.38
4. 18 years or over
As to whether or not the provocation is sufficient,
Full criminal responsibility.
the following factors are to be considered:
5. 70 years or over
a. The act constituting the provocation.
Mitigating, no imposition of death penalty [Art.
b. The social standing of the person provoked.
47]; if already imposed, execution of death
c. The place and time when the provocation is
penalty is suspended and commuted. [Art. 83]
made.

2. It must originate from the offended party;


PAR 3: NO INTENTION TO COMMIT SO GRAVE A
WRONG
3. The provocation must be personal and directed to
the accused; and
Rule for the application:
This can be taken into account only when the facts
4. That the provocation must be immediate to the
proven show that there is a notable and evident
act, or the commission of the crime.
disproportion between the means employed to
execute the criminal act and its consequences.

• Intention, being an internal state, must be judged


35 People vs. Yu
by external acts.
36 People vs. Galacgac
37 People vs. Pugay; Garcia vs. People
38 People vs. Nabora, 73 Phil 434,435

LA SALLIAN COMMISION ON BAR OPERATIONS


CRIMINAL LAW 1 29 CRIMINAL LAW

• The threat should not be offensive and positively “Grave offense”


strong. Otherwise, the threat to inflict real injury Includes any act that is offensive to the offender
is an unlawful aggression, which may give rise to or his relatives and the same need not be
self-defense. unlawful.

• A challenge to fight constitutes as a sufficient


provocation, especially if preceded by insults.39 • That grave offense must be the proximate cause
or proximate to the act of the offender.
• However, it is not sufficient provocation when the
defendant sought the deceased before the • Relationship by affinity survives the death of
challenge was made by the latter.40 either party to the marriage which created the
affinity. 43
• An attack BEFORE the commencement of the
agreed fight is sufficient provocation, provided • Killing of a relative amounts to a grave offense.44
that it is not that strong so as to amount to an
unlawful aggression. Otherwise, the rules on self- • The provocation should be proportionate to the
defense apply. damage caused by the act and adequate to stir
one to its commission.45
• Lawful performance of duty does not give rise to
sufficient provocation. • The grave offense must be directed to the person
invoking Vindication of Grave Offense.
• Vague threats are not enough so as to amount to
sufficient provocation. (Reyes) (i.e. “If you do not • If it is a remark, the person invoking this defense
agree, beware!”) must not have had sufficient time to suppress his
emotion over said remark.46
• The liability of the accused is mitigated only
insofar as it concerns the harm inflicted upon the • Vindication of grave offense cannot co-exist with
person who made the provocation, but not with passion or obfuscation if based on one single fact.
regard to the other victims who did not
participate in the provocation.41 Provocation Vindication
It is made directly only to The grave offense may be
the person committing the committed also against the
Provocation as Requisite of Provocation as Mitigating felony. offender’s relatives
Incomplete Self-Defense Circumstance mentioned by law.
It pertains to its absence on It pertains to its presence The cause that brought The offended party must
the part of the person on the part of the offended about the provocation need have done a grave offense
defending himself. party.42 not be a grave offense. to the offender or his
relatives mentioned by law.
It is necessary that the The vindication of the grave
provocation or threat offense may be proximate,
immediately preceded the which admits of an
PAR 5: VINDICATION OF GRAVE OFFENSE act. INTERVAL of time.
It is mere spite against the It concerns the honor of a
Requisites: one giving the provocation person.
1. That there be a grave offense done to the one or threat.
committing the felony, his spouse, ascendants, Factors to determine gravity of offense in
descendants, legitimate, natural or adopted vindication:
brothers or sisters or relatives by affinity within 1. Social standing of the person
the same degrees; and 2. Place when the insult was made
3. Time when the insult was made
2. That the felony is committed in immediate
vindication of such grave offense.
PAR 6:PASSION OR OBFUSCATION
“Immediate”
Allows for a lapse of time as long as the offender Requisites47:
is still suffering from the mental agony brought
about by the offense to him.
43 Intestate Estate of Marcelita Gonzales Vda De Carungcong
vs. People
39 U.S. vs. Cortes 44 People vs. Doniego
40 U.S. vs. Mendac 45 People vs. Lopez
41 US vs. Malabanan, 9 Phil. 262 46 People vs. Benito
42 People vs. CA, G.R. No. 103613, 23 February 2001 47 People v. Ignas, 412 SCRA 311

LA SALLIAN COMMISION ON BAR OPERATIONS


CRIMINAL LAW 1 30 CRIMINAL LAW

1. That there be an act, both unlawful and sufficient • Passion or obfuscation is compatible with lack
to produce such a condition of mind; of intention to commit so grave a wrong.51

2. That the said act which produced the obfuscation • Incompatible with treachery and evident
was not far removed from the commission of the premeditation.
crime by a considerable length of time, during
which the perpetrator might recover his normal Not Mitigating
Mitigating Circumstances When:
equanimity, and When:
The accused acted upon an impulse. The act is
3. The act causing such obfuscation was committed committed in a
by the victim himself. spirit of lawlessness.
The impulse must be so powerful that The act is
it naturally produced passion or committed in a
obfuscation in him. spirit of revenge.
• May lawfully arise from causes existing only in the Passion/Obfuscation Provocation
honest belief of the offender. Produced by an impulse which may The provocation
be caused by provocation. comes from the
• The act of the offended party must be unlawful or injured party.
unjust. Offense need not be immediate. It is Must immediately
only required that the influence precede the
thereof lasts until the moment the commission of the
• Exercise of a right or fulfillment of duty is not a
crime is committed. crime.
proper source of passion and obfuscation. If obfuscation and provocation arose from one and the same
act, both shall be treated as only one mitigating
• This mitigating circumstance may be appreciated circumstance.
even if the reported act causing the obfuscation
was not true, as long as it was honestly and
reasonably believed by the accused to be true.48 Passion/Obfuscation Irresistible Force
It is a mitigating It is an exempting
• No passion or obfuscation after twenty-four (24) circumstance circumstance.
hours, or several hours or half an hour elapsed Cannot give rise to Requires physical force.
between the cause of the passion or obfuscation irresistible force as it is not
caused by physical force.
and commission of the crime.49
Passion or obfuscation is in Must come from a third
the mind of offender person.
• The crime committed must not be planned or himself.
calmly meditated or deliberately fermented by Must arise from lawful Must arise from physical
him for a considerable period of time.50 sentiments. force.

• Obfuscation may arise from jealousy, provided


that it arises from lawful sentiments. (i.e. not Passion and obfuscation CANNOT co-exist with:
legitimate wife; in a legitimate relationship) 1. Vindication of grave offense
2. Treachery
• The cause producing passion or obfuscation must 3. Evident premeditation
come from the offended party because it only
mitigates that of the crime committed to him.

• Vindication of grave offense cannot co-exist with


passion or obfuscation if based on one single fact.

General Rule: One single fact cannot be made the


basis of a different modifying circumstances.

Exception: When there are other facts, although


closely connected with the fact upon which one
circumstance is premised, the other circumstance
maybe appreciated as based on other fact.

48 People vs. Guhiting, 88 Phil. 672


49 People vs. Sarikala; People vs. Aguinaldo; People vs.
Matbagon
50 People vs. Daos; People vs. Hernandez 51 People vs. Cabel

LA SALLIAN COMMISION ON BAR OPERATIONS


CRIMINAL LAW 1 31 CRIMINAL LAW

PAR 7: VOLUNTARY SURRENDER AND CONFESSION HOWEVER, it is not required that, to be


OF GUILT appreciated, it be prior to the issuance of a
warrant of arrest. 52
The paragraph contains two (2) mitigating
circumstances: • Surrender must be made to a person in authority
1. Voluntary surrender to a person in authority or his or his agent. Otherwise, a defense will not be
agents. appreciated under this circumstance, although it
may be appreciated under paragraph 10, on
2. Voluntary confession of guilt before the court analogous circumstances.
prior to the presentation of evidence for the
persecution. • Posting of bonds amount to voluntary surrender.53

• If both are present, there will be two • The surrender must be by reason of the
independent ordinary mitigating circumstances. commission of the crime for which the defendant
is prosecuted.54

BAR 1999 • Surrender through an intermediary prior to the


Requisites of voluntary surrender: issuance of warrant of arrest is appreciated as
1. That the offender had not been actually arrested.
mitigating.55
2. That the offender surrendered himself to a person in
authority or to the latter’s agent; and
When surrender is considered NOT voluntary
3. That the surrender was voluntary. • Intention to surrender without actually
surrendering is not mitigating

• Not mitigating when defendant was in fact


Person in authority, defined arrested
One directly vested with jurisdiction which is the
power to govern and to execute the laws, whether as • Surrender of weapon cannot be equated with
an individual or as a member of some court or voluntary surrender. It must be the accused in his
government corporation, board or commission. person.

Agent of a person in authority, defined • Surrender of accused must not be accompanied by


One who by direct provision of the law or by election a condition.
or by appointment by competent authority is charged
with the maintenance of public order and protection BAR 1999
and security of life and property and any person who Requisites of voluntary plea of guilty:
comes to the aid of person in authority [Art. 152, as 1. That the offender spontaneously confessed his guilt;
amended by R.A. 1978]
2. That the confession of guilt was made in open court,
that is, before the competent court that is to try the
When surrender is considered voluntary case;
• It must be spontaneous. 3. That the confession of guilt was made prior to the
presentation of evidence for the prosecution; and
• Intent of the accused to submit himself
unconditionally to the authorities must be either 4. That the confession of guilt was to the offense charged
because he acknowledges his guilt or he wishes to in the information.
save them the trouble and expense necessarily
incurred in his search and capture the conduct of
the accused determines the spontaneity of the • Plea of guilt is NOT mitigating in culpable felonies
arrest. and in crime punished by special laws.

• In order to appreciate this circumstance, the • Where in the original information the accused
surrender of the accused must precede the pleaded not guilty, but he pleaded guilty to the
service of warrant of arrest to the accused or its amended information, it is considered a voluntary
return when not served because the accused
cannot be located.
52 People vs. Turalba, G.R. NO L-29118, 28 February 1974
53 People vs. Turalba
54 People vs. Semanada
55 People vs. De La Cruz

LA SALLIAN COMMISION ON BAR OPERATIONS


CRIMINAL LAW 1 32 CRIMINAL LAW

plea of guilty and considered a mitigating PAR 9: ILLNESS OF THE OFFENDER


circumstance. 56
Requisites:
• The plea must be made before the trial begins (on 1. That the illness of the offender must diminish the
or before arraignment/prior to the presentation exercise of his will-power; and
of the evidence of the prosecution).
2. That such illness should not deprive the offender
• A guilty plea on appeal is not mitigating. It must of consciousness of his acts.
be made at the first opportunity, that is, in the
Municipal Trial Court.57 • Includes illness of the mind which should not
amount to insanity.
• An extrajudicial confession is not mitigating.

• Plea of guilty must not be accompanied by a PAR 10: SIMILAR OR ANALOGOUS CIRCUMSTANCES
condition.
Examples:
• Plea of guilty to a lesser offense than that
charged is not mitigating. 1. Over 60 years old with failing sight, similar to
over 70 years of age under par. 2.
Exception: When the prosecution failed to prove
a circumstance alleged in the information to 2. The act of the accused leading the law enforces
which the accused pleaded not guilty to. to the place where he buried the instruments he
used to commit the crime are similar to voluntary
surrender.
PAR 8: PHYSICAL DEFECT OF OFFENDER
3. Extreme poverty, as similar to a state of
When the offender is deaf and dumb, blind or necessity, which may apply to crimes against
otherwise suffering from some physical defect, poverty but not violence, such as murder.
restricting his means of action, defense or
communication with other. 4. Outraged feeling of unpaid creditor, as kin to
vindication and obfuscation.
• The physical defect must relate to the offense
committed. (e.g. blindness does not mitigate 5. Appeal to the spirit de corps of the accused, as
Estafa.) analogous to passion.

6. Wartime state of confusion resulting in illegal


Dumb, defined possession of firearm after the liberation, as
Lacking the power of human speech being similar to lack of intent to commit so grave
a wrong.

• This paragraph does not distinguish between the BAR 2011


educated and uneducated person with physical 7. Voluntary return of funds malversed by the accused, as
equivalent to voluntary surrender.
defects.

8. Testifying for the prosecution without being


General Rule: All of the physical defects of the discharged from the information, as being like a
offender must be proven that such defect restricted plea of guilty.
his freedom of action and understanding.

BAR 2011 Circumstances which are neither exempting nor


Exception: Complete blindness mitigating:
1. Mistake in the blow (aberratio ictus)
2. Mistake in the identity
3. Entrapment
4. Accused is over 18 years of age

56 People vs. Ortiz, G.R. No. L-19585, 29 November 1965


57 People vs. De La Pena

LA SALLIAN COMMISION ON BAR OPERATIONS


CRIMINAL LAW 1 33 CRIMINAL LAW

Specific Mitigating Circumstances b. Abuse of superior strength in crimes against


1. Voluntary release within three days; without persons, illegal detention58, robbery with
attaining purpose; before criminal action (Illegal rape59, multiple rape60, robbery with
Detention) homicide61;
2. Abandonment of spouse (Adultery)
3. Intent to conceal dishonor of mother c. Means employed to weaken the defense in
(Infanticide/Abortion) crimes against persons and sometimes in
crimes against person and property;

(D) AGGRAVATING CIRCUMSTANCES d. Treachery in crimes against persons;

e. Ignominy in crimes against chastity;


Aggravating Circumstances, defined
Those which, if attendant in the commission of the f. Cruelty in crimes against persons;
crime, serve to increase the penalty without however,
exceeding the maximum of the penalty provided by g. Band in crimes against property, crimes
law for the offense; or changing the nature of the against person, illegal detention, and
crime. treason.
BAR 1999
h. Use of unlicensed firearms in the murder or
Kinds of aggravating circumstances:
homicide committed therewith.

1. Generic Absorbed in rebellion, insurrection, sedition,


Those that can generally apply to all crimes. and attempted coup d’etat. [R.A. 8294]

a. Advantage taken of public position; 3. Qualifying


Those that change the nature of the crime.
b. Contempt or insult of public authority;
a. Crime committed on the occasion of a
c. Crime committed in the dwelling of the conflagration, shipwreck, earthquake,
offended party; epidemic or other calamity or misfortune.

d. Abuse of confidence or obvious b. Aid of armed or persons who insure or afford


ungratefulness; impunity.

e. Place where crime is committed; c. Price, reward, promise.

f. Nighttime, uninhabited place, or brand; d. Crime committed by means of inundation,


fire, poison explosion, stranding of a vessel or
g. Recidivism; intentional damage there, derailment of a
locomotive, or by the use of any other
h. Habituality; artifice involving great waste and ruin.

i. Craft, fraud, or disguise; e. Evident Premeditation

j. Unlawful entry; f. Abuse of Superior Strength or Employment of


means to weaken defense
k. Breaking of parts of the house;
g. Treachery (Alevosia)
l. Use of persons under 15 years of age.
h. Crimes committed by means of motor vehicle
2. Specific
Those which apply only to particular crimes. i. Cruelty

a. Disregard of rank, age, or sex due the 4. Inherent


offended party in crimes against persons and Those which necessarily accompany the
honor; commission of the crime, therefore not

58 U.S. vs. Santiago


59 People vs. Macaraya
60 People vs. Camiloy
61 People vs. Boyles

LA SALLIAN COMMISION ON BAR OPERATIONS


CRIMINAL LAW 1 34 CRIMINAL LAW

considered in increasing the penalty to be


imposed, such as: 2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
a. Evident premeditation in robbery, theft, such a degree that it must of necessity
estafa, adultery and concubinage; accompany the commission thereof. [Art. 62,
par.2]
b. Abuse of public office in bribery;
3. Aggravating circumstances which arise from the
c. Breaking of a wall or unlawful entry into a sources listed below shall only serve to aggravate
house in robbery with the use of force upon the liability of the principals, accomplices and
things; accessories as to whom such circumstances are
attendant even if there was conspiracy:
d. Fraud in estafa;
a. Those from the moral attributes of the
e. Deceit in simple seduction; offender; or
b. Those from his private relations with the
f. Ignominy in rape. offended party; or
c. Those from any personal cause. [Art. 62, par.
5. Special 3]
Those which arise under special conditions to
increase the penalty of the offense and cannot be 4. The circumstances which consist of the following
offset by mitigating circumstances, such as: shall serve to aggravate the liability of those
persons only who had knowledge of them at the
a. Quasi-recidivism [Art. 160]; time of the execution of the act or their
cooperation therein:
b. Complex crimes [Art. 48];
a. In the material execution of the act, or
c. Error in personae [Art. 49]; b. In the means employed to accomplish it.
[Art. 62, par. 4]
d. Taking advantage of public position and
membership in an organized/syndicated 5. Aggravating circumstances, regardless of its kind,
crime group [Par. 1[a], Art. 62]; should be specially alleged in the information AND
proved as fully as the crime itself in order to
e. Use of unlicensed firearm in homicide or increase the penalty. [Sec. 9, Rule 110, 2000
murder. Rules of Criminal Procedure] Such circumstances
are not presumed.62
Bar 1999
As to its effect (Generic aggravating circumstances, even if not
Generic Aggravating Qualifying Aggravating alleged in the information, may be proven
Increases the penalty which To give the crime its during trial over the objection of the defense
should be imposed upon the proper and exclusive name and may be appreciated in imposing the
accused to the maximum and to place the author
period but without exceeding thereof in such a situation
sentence.)
the limit prescribed by law. as to deserve no other
penalty than that specially 6. When there are more than one qualifying
prescribed by law for said aggravating circumstances present, one of them
crime. will be appreciated as qualifying aggravating
As to whether it can be offset by mitigating circumstances while the others will be considered as generic
May be offset by an ordinary Cannot be offset by a aggravating.
mitigating circumstance mitigating circumstance
since it is not an ingredient since it is considered an
of the crime. ingredient of the crime.
Art. 14, RPC.
Aggravating circumstances. – The following are aggravating
circumstances:
RULES ON AGGRAVATING CIRCUMSTANCES
1. Aggravating circumstances shall not be 1. That advantage be taken by the offender of his public
appreciated if: position.

a. They constitute a crime especially punishable 2. That the crime be committed in contempt of or with
by law; or insult to the public authorities.

b. They are included by the law in defining a


crime and prescribing a penalty therefore. 62 People vs. Legaspi, G.R. Nos. 136164-65, 20 April 2001

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CRIMINAL LAW 1 35 CRIMINAL LAW

3. That the act be committed with insult or in disregard 17. That means be employed or circumstances brought
of the respect due the offended party on account of about which add ignominy to the natural effects of the
his rank, age, or sex, or that it be committed in the act.
dwelling of the offended party, if the latter has not
given provocation. 18. That the crime be committed after an unlawful entry.

4. That the act be committed with abuse of confidence There is an unlawful entry when an entrance is
or obvious ungratefulness. effected by a way not intended for the purpose.

5. That the crime be committed in the palace of the 19. As a means to the commission of a crime a wall, roof,
Chief Executive, or in his presence, or where public floor, door, or window be broken.
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship. 20. That the crime be committed with the aid of persons
under fifteen years of age, or by means of motor
6. That the crime be committed in the nighttime, or in vehicle, motorized watercraft, airships, or other
an uninhabited place, or by a band, whenever such similar means. (As amended by RA 5438).
circumstances may facilitate the commission of the
offense. 21. That the wrong done in the commission of the crime
be deliberately augmented by causing other wrong not
Whenever more than three armed malefactors shall necessary for its commission.
have acted together in the commission of an offense,
it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a


conflagration, shipwreck, earthquake, epidemic or
PAR 1: THAT ADVANTAGE BE TAKEN BY THE
other calamity or misfortune.
OFFENDER OF HIS PUBLIC POSITION.
8. That the crime be committed with the aid of armed
men or persons who insure or afford impunity. • Applicable only when the offender is a public
officer.
9. That the accused is a recidivist.
• As a means by which he realizes his purpose, the
A recidivist is one who, at the time of his trial for one public officer must use:
crime, shall have been previously convicted by final
1. Influence
judgment of another crime embraced in the same title
of this Code.
2. Prestige or
3. Ascendancy.
10. That the offender has been previously punished by an
offense to which the law attaches an equal or greater • It cannot be taken into consideration in offenses
penalty or for two or more crimes to which it attaches where taking advantage of official position is an
a lighter penalty. integral element of a crime. (i.e. Malversation
under Art. 217)
11. That the crime be committed in consideration of a
price, reward, or promise.
• It is also inherent in the case of accessories under
Art. 19, par. 3 (harboring, concealing, or assisting
12. That the crime be committed by means of inundation,
fire, poison, explosion, stranding of a vessel or in the escape of the principal of the crime), and
international damage thereto, derailment of a in crimes committed by public officers [Arts. 204-
locomotive, or by the use of any other artifice 245].
involving great waste and ruin.
• R.A. 7659 provides that crimes committed by a
13. That the act be committed with evident public officer will be given the penalty prescribed
premeditation. at its maximum, regardless of the nature and
number of mitigating circumstances.
14. That the craft, fraud or disguise be employed.

15. That advantage be taken of superior strength, or • Not aggravating if accused could have
means be employed to weaken the defense. perpetrated the crime without occupying public
position.63
16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of


the crimes against the person, employing means,
methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without
risk to himself arising from the defense which the
offended party might make.
63 People vs. Villamor

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PAR 2: IN CONTEMPT OF OR WITH INSULT TO THE • Disregard of rank, age or sex is essentially
PUBLIC AUTHORITIES. applicable only to crimes against person or honor.

Requisites: • Offender must deliberately offend the rank, age,


1. That the public authority is engaged in the or sex of the offended party.
exercise of his functions;
• The offender must have a superiority over the
2. That the public authority is not the person against offended party in terms of the invoked social
whom the crime is committed; condition.

3. The offender knows him to be a public authority;


and The aggravating circumstance of disregard of rank,
age, or sex is NOT applicable in the following
4. His presence has not prevented the offender from cases:
committing the criminal act.
1. When the offender acted with passion and
obfuscation;
• Teachers or professor of a public school or 2. When the condition of being a woman is
recognized private school and lawyers are NOT indispensable in the commission of the crime.
“public authority” within the contemplation of (e.g. abduction, seduction and rape)
this paragraph.

• Par 2 of Art. 14 do NOT apply when crime is Dwelling, defined


committed in the presence of an agent only. A building or structure, EXCLUSIVELY USED FOR REST
AND COMFORT.
• Knowledge that a public authority is present is
essential. Lack of such knowledge indicates lack • A “combination of a house and a store” or a
of intention to insult the public authority. market stall where the victim slept is not a
dwelling.
• If an assault is committed is against the public
authority while in the performance of his duty, • Dwelling includes dependencies, the foot of the
the offender commits direct assault without these staircase and enclosure under the house.
aggravating circumstances.
• The aggravating circumstances of dwelling
requires that the crime be wholly or partly
committed therein or in any integral part thereof.
PAR 3: THAT THE ACT BE COMMITTED:
(1) WITH INSULT OR IN DISREGARD OF THE • Dwelling does not mean the permanent residence
RESPECT DUE THE OFFENDED PARTY ON ACCOUNT or domicile of the offended party or that he must
OF HIS (A) RANK, (B) AGE, OR (C) SEX; OR be the owner thereof. He must, however, be
(2) THAT IT BE COMMITTED IN THE DWELLING OF actually living or dwelling therein even for a
THE OFFENDED PARTY, IF THE LATTER HAS NOT temporary duration or purpose.
GIVEN PROVOCATION.

Rank of the offended party, defined • It is not necessary that the accused should have
The designation or title of distinction used to fix the actually entered the dwelling of the victim to
relative position of the offended party in reference to commit the offence.
others.
• Even if the killing took place outside the dwelling,
Age of the offended party, defined it is aggravating provided that the commission of
May refer to old age or the tender age of the victim. the crime began in the dwelling.

Sex of the offended party, defined • Offended party must not give provocation in order
Refers to the female sex, not to the male sex. to appreciate this circumstance.

• Dwelling may mean “temporary dwelling”.64


• If all the four circumstances are present, they
have the weight of four different aggravating • The victim need not be the owner or occupant of
circumstances. the dwelling where he was shot.65

64 People vs. Badilla

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• Dwelling is not absorbed in treachery. 5. The victim is not a dweller of the house.

What aggravates the commission of the crime in PAR 4:


one’s dwelling: (1) ABUSE OF CONFIDENCE; OR
1. The abuse of confidence which the offended party (2) OBVIOUS UNGRATEFULNESS
reposed in the offender by opening the door to
him; or
Requisites of abuse of confidence: (TAF) 66
2. The violation of the sanctity of the home by 1. That the offended party had trusted the offender;
trespassing therein with violation or against the
will to the owner. 2. That the offender abused such trust by
committing a crime against the offended party;
and
Dwelling was found aggravating in the following
cases although the crime was committed NOT in the 3. That the abuse of confidence facilitated the
dwelling of the victim: commission of the crime.
1. The victim was raped in the boarding house where
she was a bed spacer, but not in her room. NOTE:
Abuse of confidence is inherent in malversation
2. The victims were raped in their paternal home [Art. 217], qualified theft [Art. 310], estafa by
where they were guests. conversation or misappropriation [Art. 315], and
qualified seduction [Art. 337].
NOTE:
The Revised Penal Code speaks of “dwelling” NOT
domicile. Requisites of obvious ungratefulness:
1. That the offended party had trusted the offender;

Meaning of provocation in the aggravating 2. That the offender abused such trust by
circumstance of dwelling: committing a crime against the offended party;
The provocation must be:
1. Given by the owner of the dwelling 3. That the act be committed with obvious
2. Sufficient, and ungratefulness.
3. Immediate
• The ungratefulness contemplated by the said
• If all of these conditions are present, it is NOT an paragraph must be such obvious, clear and
aggravating circumstance. manifest gratitude on the part of the accused.

Dwelling is NOT aggravating in the following cases:


1. When both the offender and the offended party PAR 5:
are occupants of the same house. (1) IN THE PALACE OF THE CHIEF EXECUTIVE; OR
(2) IN HIS PRESENCE; OR
Exception: In case of adultery in the conjugal (3) WHERE PUBLIC AUTHORITIES ARE ENGAGED
dwelling, the same is aggravating. HOWEVER, if IN THE DISCHARGE OF THEIR DUTIES; OR
the paramour also dwells in the conjugal (4) IN A PLACE DEDICATED TO RELIGIOUS
dwelling, the applicable aggravating circumstance WORSHIP.
is abuse of confidence.

2. When robbery is committed by the use of force • Must be dedicated to public religious worship;
upon things, dwelling is not aggravating because private chapels not included.
it is inherent.
• There must be an intention to desecrate the place
3. In the crime of trespass to dwelling, it is inherent dedicated to public religious worship. 67
or included by law in defining the crime.
• The President or Chief Executive need not be in
4. When the owner of the dwelling gave sufficient the Palace to aggravate the liability of the
and immediate provocation.
66 People v. Caliso, 59 PHIL 283
65 People vs. Balansi, 187 SCRA 566 67 People vs. Jaurigue, 76 Phil. 174, 182

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offender. As long as he was present, and his Nighttime, defined


presence is known to the accused when he That period of darkness beginning at end of dusk
committed the crime. and ending at dawn. Nights are from sunset to
sunrise.
• Except for the third which requires that official
functions are being performed at the time of the • It is necessary that the commission of the
commission of the crime, the other places crime was begun and completed at nighttime
mentioned are aggravating per se even if no and the accused took advantage of the
official duties or acts of religious worship are nighttime.
being conducted there.
• This circumstance may also be appreciated if
• Cemeteries are not considered as place dedicated the crime happened at a dimly lit place,
to the worship of God. whether or not it was actually nighttime or
daytime.
• Offender must have intention to commit a crime
when he entered the place. • When the place of the crime is illuminated by
light, nighttime is not aggravating.
• An electoral precinct or polling place during
Election Day is a place “where public authorities • It cannot be applied when it is an accidental
are engaged in the discharge of their duties”. meeting or a chance encounter.

Par. 5. Where public Authorities • Circumstances of nocturnity, although not


are Engaged in the Discharge of Par. 2. Contempt or Insult to specially sought for, shall aggravate criminal
their Duties Public Authorities liability if it facilitated the commission of the
Public authorities are in the performance of their duties
offense or the offender took advantage of the
Place where public duty is performed
same to commit the crime.
In their office Outside of their office
The offended party
May or may not be the public Public authority should not • Lighting of matchstick or use of flashlights
authority be the offended party. does no negate appreciation of this
circumstance. 68

General Rule: Nighttime is absorbed in


PAR 6: treachery.
(1) NIGHTTIME; OR
(2) UNINHABITED PLACE; OR Exception: Where both the treacherous mode
(3) BY A BAND of attack and nocturnity were deliberately
decided upon in the same case, they can be
• When present in the same case and their considered separately if such circumstances
elements are distinctly palpable and can subsist have different factual bases.
independently, they shall be considered
separately.
2. UNINHABITED PLACE (DESPOBLADO)
• Not applicable when the mitigating circumstances
of passion or obfuscation or sufficient provocation Uninhabited Place, defined
are present in the commission of the crime. One where there are no houses at all; a place at a
considerable distance from town, or where the
• Nighttime, uninhabited place or band are houses are scattered at a great distance from
aggravating when: each other.

a. It facilitated the commission of the crime; or • The determining factor for the existence of
this circumstance is the reasonable possibility
b. Especially sought for by the offender to of the victim receiving or securing aid from
insure the commission of the crime or for the third persons.
purpose of impunity; or
• This should not be considered when the place
c. The offender took advantage thereof for the where the crime was committed could be
purpose of impunity. seen and the voice of the deceased could be
heard from a nearby house.

1. NIGHTTIME (OBSCURIDAD)
68 People vs. Berbal, et al.; People vs. Rogelio Soriano, et al.

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• It must be appear that the solitude of the PAR 8: WITH THE AID OF:
place where the crime was committed was (1) MEN; OR
sought in order to better attain the purpose. (2) PERSONS WHO INSURE OR AFFORD IMPUNITY.

3. BAND (EN CUADRILLA) Requisites:


1. That armed men or persons took part in the
Band, defined commission of the crime, directly or indirectly;
Whenever more than three (meaning, at least and
four) armed malefactors shall have acted
together in the commission of an offense, it shall 2. That the accused availed himself of their aid or
be deemed committed by a band. relied upon them when the crime was committed.

• The four armed persons contemplated in this


circumstance must ALL be principals by direct • This requires that the armed men are
participation who acted together in the ACCOMPLICES who take part in that minor
execution of the acts constituting the crime. capacity directly or indirectly, and not when they
In this case, conspiracy is presumed. were merely present at the crime scene. Neither
should they constitute a band, for then the proper
aggravating circumstance would be “by a band”.
• If one of them was a principal by
inducement, the aggravating circumstance of
having acted with the aid of armed men may
be considered. When this aggravating circumstance shall NOT be
considered:
1. When both the attacking party and the party
• It absorbs the aggravating circumstances of attacked were equally armed.
abuse of superior strength and use of
firearms (except when the firearms has no
2. When the accused as well as those who
license or there is a lack of license to carry cooperated with him in the commission of the
the firearms) if they are present in the crime acted under the same plan and for the
commission of the crime. same purpose.

• This aggravating circumstance is NOT


applicable in crimes against chastity, but is Par. 8. “With the Aid Of Armed
considered in crimes against property, crimes Par. 6. “By a Band”
Men”
against persons, illegal detention, and As to their number
treason. Requires more than three At least two
armed malefactors (i.e. at
• This aggravating circumstance is inherent in least four)
brigandage. As to their action
Requires that more than This circumstance is present
• When the armed men met up casually with three armed malefactors even if one of the offenders
others, and a crime was thereafter shall have acted together in merely relied on their aid,
the commission of an for actual aid is not
committed, it cannot be considered as an
offense. necessary.
aggravating circumstance.
As to their liability
Band members are all Armed men are mere
principals. accomplices.
PAR 7: ON THE OCCASION OF A CONFLAGRATION,
SHIPWRECK, EARTHQUAKE, EPIDEMIC OR OTHER
CALAMITY OR MISFORTUNE.
• Mere moral or psychological aid or reliance is
sufficient to constitute this aggravating offense.
• The offender must take advantage of the calamity
or misfortune.
• If there are four armed men, aid of armed men is
absorbed in employment of a band.
• “Other calamity or misfortune”- refers to other
conditions of distress similar to those previously
• “Aid of armed men” includes “armed women”69
enumerated.

69 People vs. Licop, 94 Phil 839 846

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• Persons who insure or afford impunity must have • To prove recidivism, it is necessary to allege the
or be in a position of afford impunity (e.g. A same in the information and to attach thereto a
judge) certified copy of the sentences rendered against
the accused.

• Recidivism must be taken into account no matter


PAR 9: RECIDIVIST how many years have elapsed between the first
and second felonies.
Recidivist (reincidencia), defined
One who, at the time of his trial for one crime shall • Even if the accused was granted a pardon for the
have been previously convicted by final judgment of first offense, but he commits another felony
another crime embraced in the same title of the embraced in the same title of the code, the first
Revised Penal Code. conviction is still counted to make him a recidivist
since pardon does not obliterate the fact of his
Note: prior conviction.
A recidivist is entitled to the benefits of the
indeterminate sentence law but is disqualified from • There is no recidivism if the subsequent
availing credit of his preventive imprisonment. conviction is for an offense committed before the
offense involved in the prior conviction. (i.e.
Requisites: Crime 1 committed before Crime 2. Accused was
1. That the offender is on trial for an offense; convicted of Crime 2 first before Crime 1. There
is no recidivism.)
2. That he was previously convicted by final
judgment of another crime;
When the accused is granted:
3. That both the first and the second offences are
embraced in the same title of the code; Pardon Amnesty
The first conviction is still The first offense is no longer
4. That the offender is convicted of the new counted to make him a counted to make the accused
offense; recidivist. Pardon does not a recidivist. In the case of
obliterate the fact of his amnesty, it theoretically
prior conviction. considers the previous
transgressions as not
“At the time of his trial for one crime”, meaning punishable. According to
It is meant to include everything that is done in the article 89, amnesty
course of the trial (from arraignment until after extinguishes the penalty and
sentence is announced by the judge in open court.) all its effects.

Judgment is considered final when:


1. After the lapse of period for perfecting an appeal; Par 10: That the offender has been previously punished:
(1) For an offense to which the law attaches an equal or
2. When the sentence has been partially or totally greater penalty; or
served; (2) For two or more crimes to which it attaches a lighter
penalty.
3. Accused waived his right to appeal;
Requisites of reiteracion or habituality:
4. Accused applied for probation. 1. That the accused is on trial for an offense;

• In recidivism, it is sufficient that the succeeding 2. That he previously served sentence for another
offense be committed after the commission of the offense to which the law attaches an:
preceding offence PROVIDED that at the time of
his trial for the second offense, the accused had a. Equal, or
already been convicted of the first offense. b. Greater penalty,

• If both offenses were committed on the same Or for two or more crimes to which the law
date, they shall be considered as only one; hence, attaches a lighter penalty than that for the new
they cannot be separately counted in order to offense; and
constitute recidivism. Also, judgment of
conviction handed down on the same day shall be 3. That he is convicted of the new offense.
considered as only one conviction.

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CRIMINAL LAW 1 41 CRIMINAL LAW

Reiteracion Recidivism
As to the first offense If Alleged as a General If Alleged as Qualifying
It is necessary that the It is enough that a final Circumstance Circumstance
offender shall have served judgment has been rendered Only the liability of the Both the liability of the giver
out his sentence for the first in the first offense. receiver is affected. and the receiver are affected.
offense.
As to the kind of offenses involved • There must be two or more principals, the one
The previous and subsequent Requires that the offenses
who gave or offered the price or promise and the
offenses must not be be included in the same title
embraced in the same title of the code. one who accepted it, both of whom are
of the Code. principals.
As to frequency
Not always an aggravating Always to be taken into • This appreciated in cases of principal by
circumstance. consideration in fixing the inducement.
penalty to be imposed upon
the accused. • If without previous promise it was given
voluntarily after the crime had been committed,
it should not be taken into consideration for the
Bar 1998 purpose of increasing the penalty.
Four Forms of Repetition
Recidivism Where a person, on separate
[Art. 14, par. 9] – occasions, is convicted of two • The price, reward or promise need not consist of
Generic Aggravating offenses embraced in the same title or refer to material things or that the same were
Circumstance in the RPC. actually delivered.
Reiteracion or Where the offender has been
Habituality [Art. 14, previously punished for an offense to • It is sufficient that the offer made by the
par. 10] – Generic which the law attaches an equal or principal by inducement be accepted by the
Aggravating greater penalty or for two crimes to principal by direct participation before the
Circumstance which it attaches a lighter penalty.
commission of the offense.
Where a person within a period of ten
Multi-recidivism or
years from the date of his release or
Habitual delinquency
last conviction of the crimes of
[Art. 62, par. 5.] –
serious physical injuries, robbery,
Extraordinary
theft, estafa or falsification, is found PAR 12: THAT THE CRIME BE COMMITTED BY
Aggravating
guilty of the said crimes a third time MEANS OF (FIPE-SAD)
Circumstance
or oftener. (1) INUNDATION,
Quasi-recidivism Where a person commits felony (2) FIRE,
[Art. 160] – Special before beginning to serve or while (3) POISON,
Aggravating serving sentence on a previous (4) EXPLOSION,
Circumstance conviction for a felony.
(5) STRANDING OF A VESSEL OR INTERNATIONAL
DAMAGE THERETO,
(6) DERAILMENT OF A LOCOMOTIVE, OR
• Since reiteracion provides that the accused has (7) BY THE USE OF ANY OTHER ARTIFICE
duly served the sentence for his previous INVOLVING GREAT WASTE AND RUIN.
conviction/s, or is legally considered to have done
so, quasi-recidivism cannot at the same time Inundation, defined
constitute reiteracion, hence this aggravating Refers to use of water, or causing the water to flood
circumstance cannot apply to a quasi-recidivist. in the commission of the offense.
• If the same set of facts constitutes recidivism and
• When another aggravating circumstance already
reiteracion, the liability of the accused should be
qualifies the crime, any of these aggravating
aggravated by recidivism which can easily be circumstances shall be considered as a generic
proven. aggravating circumstance only.

• When there is no actual design to kill a person in


PAR 11: IN CONSIDERATION OF A PRICE, REWARD burning a house, it is plain arson even if a person
OR PROMISE. is killed. Had there been intent to kill, the crime
committed is murder, qualified by circumstance
To consider this circumstance, the price reward or that the crime was committed “by means of fire”.
promise must be the primary reason or primordial
motive for the commission of the crime. • “Fire”, “explosion”, and “derailment of
locomotive” may be inherent in a particular
crime, such as arson, crimes involving
When liability is Aggravated: destruction, and damages and obstruction to

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CRIMINAL LAW 1 42 CRIMINAL LAW

means of communication. In these cases, they do • Evident premeditation is presumed to exist when
not serve to increase the penalty. conspiracy is directly established. 70

• Unless used by the offender as a means to • Premeditation is absorbed by reward or promise


accomplish a criminal purpose, any of the but only insofar as the inducer is concerned since
circumstances in this paragraph cannot be he obviously reflected thereon in planning the
considered to increase the penalty or to change crime but not the person induced since one can
the nature of the offense, as opposed to be a principal by direct participation without the
paragraph 7. benefit of due reflection.

• Evident premeditation, while inherent in robbery,


may be aggravating in robbery with homicide if
Par. 12 “By Means of Par. 7 “On the Occasion of a
Inundation, Fire, etc.” Conflagration, Shipwreck, etc.”
the premeditation included the killing of the
victim.
The crime is The crime is committed on the
committed by means occasion of a calamity or • It is a General Rule that evident premeditation is
of any such acts misfortune wherein the offender not applicable in error in personae or aberratio
involving great waste takes advantage of the said ictus, except if there was a general plan to kill
or ruin. circumstance.
anyone to commit the crime premeditated.

• Evident premeditation is compatible with the


Rules as to the use of fire:
mitigating circumstance of immediate vindication
of a relative for a grave offense.
Act of the Accused Crime Committed
Intent was only to burn but Simple arson but with a
somebody died as a result of specific penalty [Art. 326]
the fire
If fire was used as a means to Murder PAR. 14: THAT (CFD) BE EMPLYOYED
kill (1) CRAFT,
If fire was used to conceal Separate crimes of arson and (2) FRAUD, OR
the killing murder/homicide (3) DISGUISE

Craft (astucia), defined


Involves the use of intellectual trickery or cunning on
PAR 13: EVIDENT PREMEDITATION the part of the accused to aid in the execution of his
criminal design.
Requisites:
The prosecution must prove – Fraud (fraude), defined
Insidious words or machinations used to induce the
1. The time when the offender determined to victim to act in a manner which would enable the
commit the crime; offender to carry out his design.

2. An act manifestly indicating that the culprit has • Craft and fraud may be absorbed in treachery if
clung to his determination; they have been deliberately adopted as the
means, methods or forms for the treacherous
3. The date and time when the crime was, strategy, or they may co-exist independently.
committed, to compute the lapse of time; and

4. A sufficient lapse of time between the Fraud Craft


determination and execution, to allow him to The act of the accused done The act of the accused done
reflect upon the consequences of his act and to in order to create a direct in order not to arouse the
allow his conscience to overcome the resolution inducement by insidious suspicion of the victim
of his will. words or machinations. constitutes craft.
This is characterized by the intellectual or mental rather
than the physical means to which the criminal resort to carry
out his design
• Mere threats without the second element do not
show evident premeditation.
Disguise (disfraz), defined
• Three hours or less can be considered as sufficient Resorting to any device to conceal identity.
lapse of time.

70 People vs. Sapigao, et al., GR No. 144975, June 18, 2003

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CRIMINAL LAW 1 43 CRIMINAL LAW

• The test of disguise is whether the device or


contrivance resorted to by the offender was To deliberately use excessive
intended to or did make identification more force that is out of
difficult, such as the use of a mask or false hair or Advantage be taken proportion to the means for
self-defense available to the
beard.
person attacked.73
The offender employs means
Means employed weaken
that materially weakens the
It is aggravating when: defense
resisting power.
a. The accused is not recognized because of his
disguise.
No advantage of superior strength in the following:
b. The accused was masked, even though it fell off.
71
1. One who attacks another with passion and
obfuscation does not take advantage of superior
strength.
Not aggravating when:
a. In spite of the accused’s mask, he was 2. When a quarrel arose unexpectedly and the fatal
nevertheless objectively identifiable because his blow was struck at a time when the aggressor and
key facial features are apparent.72 his victim were engaged against each other as
man to man.
b. When disguise is not purposely sought by the
offender to conceal his identity. 3. When the attack was made on the victim
alternately.74

PAR 15: • In order to appreciate this circumstance, there


(1) SUPERIOR STRENGTH; OR must be notorious inequality of forces between
(2) TO WEAKEN THE DEFENSE. the parties and the accused takes advantage of
the same.

Paragraph 15 enunciates two (2) aggravating • For abuse of superior strength, the test is the
circumstances either of which qualifies killing to relative strength of the offender and his victim.
murder.
• When there are several offenders participating in
the crime, they must all be principals by direct
participation and their attack against the victim
must be concerted and intended to be so.

• Abuse of superior strength is also present when


the offender uses a weapon which is out of
proportion to the defense available to the
offended party.

• There is abuse of superior strength when a man


attacks a woman with a weapon. 75

• In parricide against the wife, it is generally


accepted that the husband is physically stronger
than the wife.76

73 People vs. Lobrigas, et al, G.R. no 147649 December 17,


2002
74 People vs. Narciso
71 People vs. Piring 75 People vs. Guzman
72 People vs. Reyes 76 People vs. Galapia

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• The TEST of treachery is not only the relative


position of the parties but, more specifically,
By Band Abuse of Superior Strength whether or not the victim was forewarned or
afforded the opportunity to make a defense or to
Appreciated when the The gravamen of abuse of
ward off the attack.
offense is committed by superiority is the taking
more than three armed advantage by the culprits of
malefactors regardless of the their collective strength to
comparative strength of the overpower their relatively Rules regarding treachery:
victim or victims. weaker victim or victims. 1. Applicable only to crimes against persons.
What is taken into account
here is not the number of 2. Means, methods or forms need not insure
aggressors nor the fact that accomplishment of crime.
they are armed, but their
relative physical strength
vis-a-vis the offended party.
3. The mode of attack must be consciously adopted.

4. Treachery is taken into account even if the crime


against the person is complexed with another
• Abuse of superior strength absorbs cuadrilla felony involving a different classification in the
(band) Code.

Note: 5. The suddenness of attack does not, of itself,


The means employed may amount to treachery suffice to support a finding of alevosia, even if
when the victim is not able to put up any sort of the purpose was to kill, so long as the decision
resistance. was made all of a sudden and the victim’s
helpless position was accidental.

Examples of “means employed to weaken defense”: 6. Treachery must be appreciated in the killing of a
1. Where one, struggling with another, suddenly child even if the manner of attack is not shown.
throws a cloak over the head of his opponents and
while in this situation he wounds or kills him. 7. Treachery is appreciated when the accused
employed means to render the victim defenseless
2. One who, while fighting with another, suddenly before the commission of the crime, or to
casts sand or dirt upon the latter eyes and then eliminate the risk of defense on the part of the
wounds or kills him. offended party.

• This circumstance is applicable only to crimes


against persons, and sometimes against persons When must treachery is present:
and property, such as robbery with physical • When the aggression is continuous, treachery
injuries or homicide. must be present in the BEGINNING of the
assault.77

• When the assault was not continuous, in that


PAR. 16: TREACHERY (ALEVOSIA) there was interruption, it is sufficient that
treachery was present at the moment the fatal
Treachery, defined blow was given.78
Present when the offender commits any of the crimes
against persons, employing means, methods or forms Hence, even though in the inception of the
in the execution thereof which tend directly and aggression which ended in the death of the
specially to insure its execution, without risk to deceased, treachery was not present, if there was
himself arising from the defense which the offended a break in the continuity of the aggression and at
party might make. the time of the fatal wound was inflicted on the
deceased he was defenseless, the circumstance of
treachery must be taken into account.
Requisites of treachery:
1. That at the time of the attack, the victim was not
in a position to defend himself; and Treachery cannot be presumed

2. That the offender consciously adopted the


particular means, method, or form of attack There is no treachery when:
employed by him.
77 People vs. Manalad, G.R. No. 128593, August 14, 2002
78 U.S. vs. Baluyot, 40 Phil 385, 1919

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CRIMINAL LAW 1 45 CRIMINAL LAW

offended party to strength. resisting power of


a. The crime is preceded by an altercation. (It is put up any sort of the offender
impulsively done) resistance. party.

b. The crime is preceded by a warning from the


accused. (The victim is given the opportunity to
defend himself; thus, there is an absence of the PAR 17: IGNOMINY
2nd requisite.)
Ignominy (definition)
• An attack on the front of the victim does not A circumstance pertaining to the moral order, which
automatically negate treachery. The same goes adds disgrace and obloquy to the material injury
with an attack at the back. caused by the crime.

• There can be treachery in the following cases: • Ignominy is inherent in libel and acts of
lasciviousness.
a. Directing the beam of flashlight on the face
of the victim.79
“which add ignominy to the natural effects thereof”, meaning
b. Victim is in the state of intoxication that he The means or the circumstances must tend to make
cannot put up any sort of defense.80 the effects of the crime more humiliating to the
victim or to put the offended party to shame, or add
c. Victim is a child of tender age. to his moral suffering.82

• Injured party must not be dead when the act


Treachery should be considered even if: causing ignominy was inflicted to him.
1. The victim was not predetermined but there was
a generic intent to treacherously kill any first two Applicable to:
persons belonging to a class. (The same rule a. Crimes against chastity,
obtains for evident premeditation). b. Less serious physical injuries,
c. Light or grave coercion, and
2. There was aberratio ictus and the bullet hit a d. Murder
person different from that intended.

3. There was error in personae, hence the victim PAR 18: AFTER AN UNLAWFUL ENTRY
was not the one intended by the accused.
Unlawful entry, defined
When an entrance (and not for escape) is affected by
Treachery absorbs: a way not intended for the purpose.
1. Craft
2. Abuse of superior strength Unlawful entry is inherent in:
3. Nighttime 1. Robbery with the use of force upon things;
4. Aid of armed men 2. Trespass to dwelling.
5. Cuadrilla (“band”)
6. Employing means to weaken the defense

PAR 19: BROKEN (WRFDW)


• Treachery cannot co-exist with passion or (1) WALL,
obfuscation. 81 (2) ROOF,
(3) FLOOR,
Means to weaken (4) DOOR, OR
Treachery Superior Strength (5) WINDOW
defense
Means, methods, The offender The offender,
or forms of does not employ like in treachery, This circumstance is aggravating only in those cases
attack are means, methods, employs means where the offender resorted to any of said means TO
employed by the or forms of but the means ENTER the house.
offender to make attack; he only employed only
it impossible or takes advantage materially
Par. 19 Par. 18
hard for the of his superior weakens the
It involves the breaking Presupposes that there is no
(rompimiento) of the such breaking as by entry
enumerated parts of the through the window.
79 People vs. Pengol
80 People vs. Dacasin
81 People vs. Pansensoy, GR No. 140634, Sept. 12, 2002 82 People vs. Carmina, G.R. No. 81404, January 28, 1991)

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CRIMINAL LAW 1 46 CRIMINAL LAW

house. • The use of motor vehicle must be purposely


sought and deliberately used for the commission
• If the offender broke a window to enable himself of the crime; the use is not merely incidental.
to reach a purse with money on the table near
that window, which he took while his body was
outside of the building, the crime of theft was “or other similar means”, meaning
attended by this aggravating circumstance. It is It should be understood as referring to motorized
not necessary that the offender should have vehicles or other efficient means of transportation
entered the building. similar to automobile or airplane.

Where breaking of door or window is lawful:


1. Rule 113, Section 11 of the Revised Rules of PAR 21: WRONG DONE IN THE COMMISSION OF THE
Criminal Procedure (An officer, in order to make CRIME BE DELIBERATELY AUGMENTED BY
an arrest either by virtue of a warrant, or without CAUSING ANOTHER WRONG NOT NECESSARY FOR
a warrant as provided in section 5, may break into ITS COMMISSION (CRUELTY).
any building or enclosure where the person to be
arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his Cruelty, defined
authority and purpose) When the culprit enjoys and delights in making his
victims suffer slowly and gradually, causing
2. Rule 126, Section 7 of the Revised Rules of unnecessary physical pain in the consummation of the
Criminal Procedure (The officer, if refused criminal act.
admittance to the place of directed search after
giving notice of his purpose and authority, may
break open any outer or inner door or window of Requisites:
a house or any part of a house or anything therein 1. That the injury caused be deliberately increase by
to execute the warrant or liberate himself or any causing another wrong; and
person lawfully aiding him when unlawfully
detained therein) 2. That the other wrong be unnecessary for the
execution of the purpose of the offender.

PAR 20 : THAT THE CRIME BE COMMITTED: Cruelty is inherent in:


(1) WITH THE AID OF PERSONS UNDER FIFTEEN a. Crimes against persons
YEARS OF AGE; OR b. Mutilation
(2) BY MEANS OF MOTOR VEHICLES, AIRSHIP, OR
OTHER SIMILAR MEANS.
• There must be positive proof that the wounds
found on the body of the victim were inflicted
Two (2) different circumstances grouped in this while he was still alive in order to unnecessarily
paragraph: prolong physical suffering.
1. With the aid of persons under fifteen years of
age. • Number of wounds alone does not show cruelty; it
is necessary to show that the accused deliberately
2. By means of motor vehicles, airships, or other and inhumanly increased the sufferings of the
similar means. victims.83

• There is no cruelty when the series of acts


Use of motor vehicle is aggravating where the causing unnecessary suffering to the victim took
accused purposely and deliberately used the motor place in rapid succession.84
vehicle in:
• There must be appreciable time intervening
a. Going to the place of the crime; or between the infliction of one wound and that of
b. Carrying away the effects thereof; or another.85
c. In facilitating their escape.

• If motor vehicle is used as a means to kill a Ignominy (Par. 17) Cruelty (Par. 21)
person, it is appreciated as qualifying
circumstance. 83 People vs. Aguinaldo, 55 Phil. 610, 615-616
84 People vs. Beleno
85 People vs. Dayug

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CRIMINAL LAW 1 47 CRIMINAL LAW

Involves moral suffering Refers to physical suffering 4. Grave threats (in writing; through a middleman)

5. Slavery (crime is committed to assign the victim


Note: to some immoral traffic)
Unlike with mitigating circumstances [Par. 10, Art.
13], there is no provision for aggravating 6. Robbery with violence against or intimidation of
circumstances of a similar or analogous character. As persons (uninhabited place, band)
such, the list is exclusive.
EXCEPT: robbery with homicide or robbery with
rape.
Other Aggravating Circumstances Under Special
Penal Laws 7. Robbery with force upon things (uninhabited
place and by a band)
When a crime is committed by an
offender who is under the
R.A 9165, Comprehensive influence of dangerous drugs, such
Dangerous Drugs Act Of state shall be considered as a
2002 qualifying aggravating (E) ALTERNATIVE CIRCUMSTANCES
circumstance.
Art. 15, RPC.
Their concept. – Alternative circumstances are those which
If homicide or murder is must be taken into consideration as aggravating or
committed with the use of an mitigating according to the nature and effects of the crime
unlicensed firearm, such use and the other conditions attending its commission. They
of an unlicensed firearm shall are the relationship, intoxication and the degree of
be considered as an instruction and education of the offender.
aggravating circumstance [Sec.
The alternative circumstance of relationship shall be taken
1, par. 3]
Use of Unlicensed into consideration when the offended party is the spouse,
When a person commits any ascendant, descendant, legitimate, natural, or adopted
Firearm
crime under the Revised Penal brother or sister, or relative by affinity in the same degrees
(PD No. 1866 as
Code or special laws with the of the offender.
Amended by R.A,
use of explosives including but
8294)
not limited to pillbox, Molotov The intoxication of the offender shall be taken into
cocktail bombs, denotation consideration as a mitigating circumstances when the
agents or incendiary devices offender has committed a felony in a state of intoxication,
if the same is not habitual or subsequent to the plan to
resulting in the death of a
commit said felony; but when the intoxication is habitual
person, the same is or intentional, it shall be considered as an aggravating
aggravating. [Sec. 3] circumstance
The maximum penalty shall be
imposed if the offense was
Organized/Syndicated
committed by a person who
Crime Group under
belongs to an organized Alternative Circumstances, defined
R.A. 7659
/syndicated crime group. Those which must be taken into consideration as
aggravating or mitigating according to the nature and
effects of the crime and the other conditions
Organized /syndicated crime group, defined attending its commission.
A group of two or more persons collaborating,
confederating or mutually helping one another for the The alternative circumstances are:
purpose of gain in the commission of any crime. [Art. 1. Relationship;
23, R.A. 7659] 2. Intoxication; and
3. Degree of instruction and education of the
offender.
Specific Aggravating Circumstances
1. Violation of domicile (nighttime; papers and
effects not returned immediately) Relationship
The alternative circumstances of relationship shall be
2. Interruption of religious worship (violence or taken into consideration when the offended party is
threats) the:
1. Spouse,
3. Direct Assault (offender lays hands upon a person 2. Ascendant,
in authority) 3. Descendant,

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CRIMINAL LAW 1 48 CRIMINAL LAW

4. Legitimate, natural, or adopted brother or sister, descendant of the offender. But the serious
or physical injuries must not be inflicted by a
5. Relative by affinity in the same degree of the parent upon his child as excessive
offender. chastisement.

Other relatives included: b. It is aggravating when the offense


1. The relationship of stepfather or stepmother and committed is less serious physical injuries
stepson or stepdaughter. or slight physical injuries, if the offended
party is a relative of a higher degree of the
2. The relationship of adopted parent and adopted offender.
child. Adoption refers only to brothers and sisters
but not to the adopting parents. • When the crime is homicide or murder,
relationship is aggravating even if the
BAR 2011 victim of the crime is a relative of a
• But the relationship of uncle and niece is not covered by lower degree.
any of the relationship mentioned.
• • In rape, relationship is aggravating
where a stepfather raped his
• Relationship by affinity survives the death of stepdaughter or in a case where a
either party to the marriage which created the father raped his own daughter.
affinity. 86
2. In crimes against chastity, like acts or
lasciviousness [Art. 336], relationship is always
Relationship is mitigating in the following cases: aggravating, regardless of whether the offender is
1. In crimes against property, as a rule, relationship a relative of a higher or lower degree of the
is mitigating, by analogy to the provisions of Art. offended party.
332. • When the qualification given to the crime is
• Thus, relationship is mitigating in the crimes derived from the relationship between the
of robbery [Arts. 294-302], usurpation [Art. offender and the offended party, it is neither
312], fraudulent insolvency [Art. 314] and mitigating nor aggravating, because it is
arson [Art. 321-322, 325-326]. inseparable from and inherent in the offense.
(e.g. parricide, adultery, and concubinage).
• Relationship is exempting in the crimes of
theft, estafa, and malicious mischief. [Art. • The relationship always qualifies the crime
332] first; thus, other aggravating circumstances,
generic or qualifying, are given the effect of
2. In crimes against persons ordinary aggravating circumstance.
• In cases where the offense committed is less
serious physical injuries or slight physical
injuries, mitigating if the offended party is a When intoxication is mitigating and when it is
relative of a lower degree; and aggravating if aggravating:
the offended party is a relative of a higher
degree of the offender. Mitigating Aggravating
If intoxication is not If intoxication is habitual
Relationship is aggravating in the following cases: habitual
1. In crimes against persons If the offender did not use If the offender did use
intoxication as a stimulant intoxication as a stimulant
It is aggravating where: to commit a crime or to commit a crime or
suffocate any remorse. suffocate any remorse.
a. The offended party is a relative of a higher
degree than the offender; or
• The presumption is that intoxication is accidental,
b. When the offender and the offended party not habitual.
are relatives of the same level (e.g.
Brothers)
To be entitled to the mitigating circumstance of
In physical injuries: intoxication, it must be shown:
a. It is aggravating when the crime against
persons is serious physical injuries [Art. 1. That at the time of the commission of the
263], even if the offended party is a criminal act, the accused has taken such quantity
of alcoholic drinks as to blur his reason and
deprive him of a certain degree of control; and
Intestate Estate of Marcelita Gonzales Vda De Carungcong
86

vs. People

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CRIMINAL LAW 1 49 CRIMINAL LAW

2. That such intoxication is neither habitual nor used Examples of absolutory causes:
a stimulant to commit the felony or suffocate 1. Spontaneous desistance [Art.6]
remorse.
2. Attempted or frustrated light felonies [Art.7]

Habitual Drunkard, defined 3. Accessories who are exempt from criminal


One given to intoxication by excessive use of liability by reason or relationship [Art. 20] and in
intoxicating drinks. light felonies

• To be mitigating, the accused’s state of 4. Slight of less nervous physical injuries inflicted
intoxication must be proved. Once intoxication is under exceptional circumstances [Art. 247]
established by satisfactory evidence, in the
absence of proof to the contrary, it is presumed 5. Person exempt from criminal liability for theft,
to be non-habitual or unintentional. swindling and malicious mischief [Art. 332]

6. Instigation
Instruction or Education
As an alternative circumstance, it does not only refer 7. Trespass to dwelling when the purpose of entering
to literacy but more to the level of intelligence of the another’s dwelling against the latter’s will is to
accused. prevent some serious harm to himself, the
occupants of the dwelling or a third person, or for
• Refers to the lack of sufficient intelligence and the purpose of rendering some service to
knowledge of the full significance of one’s acts. humanity or justice, or when entering cafes,
taverns, inns and other public houses, while the
• Low degree of instruction and education or its same are open [Art. 280, par. 2]
lack thereof is generally mitigating. High degree
8. Marriage of the offender and the offended party
of instruction and education is aggravating only
in cases of seduction, abduction, acts of
when the offender took advantage of his learning
lasciviousness and rape [Art. 344]
in committing the crime.
9. Adultery and concubinage if the offended party
• In order for lack of education or instruction to be
shall have consented or pardoned the offenders.
appreciated as mitigating, the offender must not
[Art. 344]
have reached the first grade of elementary
school.87 10. Legal Ground for arbitrary detention. [Art. 124]
• The mitigating circumstance of lack of sufficient • Entrapment is NOT an absolutory cause.
instruction cannot be justified if accused is a city
resident and even knows how to sign his name.88
• A buy-bust operation conducted in
General Rule: Lack of sufficient education is connection with illegal drug-related offenses
mitigating. is a form of entrapment.

Exceptions: Entrapment Instigation


1. Crimes against property; Measures are resorted to for Instigator induces the would-
2. Crimes against chastity; the capture of lawbreaker in be accused to commit the
3. Treason the execution of his criminal crime, hence he becomes a
plan co-principal
4. Murder; and
The means of committing the The law enforcer conceives
5. Rape. 89 crime originates from the the commission of the crime
mind of the criminal. and suggests to the accused
who adopts the idea and
(F) ABSOLUTORY CAUSE carries it into execution.
Not a bar to the prosecution It will result in the acquittal
and conviction of the of the accused.
Absolutory Causes, defined lawbreaker.
Causes which, for reasons of public policy and
sentiment, prevent penalty from being imposed for an
act which would ordinarily result in criminal liability. • If the one who made the instigation is a private
individual, not performing public function, both
he and the one induced are criminally liable for
87 People vs. Limaco; People vs. Luna the crime committed: the former, as principal by
88 People vs. Cabrito
89 Malesa vs. Director of Prison, 59 Phil. 406, 408

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CRIMINAL LAW 1 50 CRIMINAL LAW

induction; and the latter, as principal by direct


participation. 4. Accessories are not liable for light felonies, even
if they are committed against persons or
• There is neither instigation nor entrapment when property. [Art. 16]
the violation of the law is simply discovered.

Two parties in all crime:


1. Active subject (the criminal)
3. PERSONS LIABLE AND DEGREE OF • Art. 16 enumerates the active subjects of the
PARTICIPATION crime.

• Only natural persons can be the active


(A) PRINCIPALS, ACCOMPLICES AND subject of the crime because of the highly
ACCESSORIES personal nature of the criminal.

• As a rule, juridical persons cannot be held


Art. 16, RPC.
Who are criminally liable. – The following are criminally criminally liable, though they may be subject
liable for grave and less grave felonies: to fines under the appropriate laws. [Aquino,
1. Principals. p.13]
2. Accomplices.
3. Accessories. Reasons:
a. The RPC requires that culprits act with
The following are criminally liable for light felonies: personal malice or negligence, artificial
1. Principals persons cannot act with malice or
2. Accomplices negligence.

b. A juridical person like a corporation


cannot commit a crime that requires
For grave and less grave felonies willful purpose or malicious intent.
1. Principal
2. Accomplices
3. Accessories c. There is substitution of deprivation of
liberty for pecuniary penalties in case of
For light felonies: insolvency of the accused.
1. Principal
2. Accomplices d. Other penalties can be executed only
against individuals only.

• Punishable ONLY WHEN consummated. 2. Passive subject (the injured party)


• The holder of the injured right: the man, the
• Accessories are NOT liable for light felonies. juristic person, the group, and the State.

• The classification of the offenders as principal, • Corporation and partnership can be a passive
accomplice or an accessory is essential under the subject of a crime.
RPC.
• The dead and animals cannot be passive
• The classification may be applied to special laws subjects because they have no rights that
only if the latter provides for the same graduated may be injured.
penalties as those provided under the RPC.
Exception: Under Art. 253, the crime of
Rules relative to light felonies: defamation may be committed if the
1. Light felonies are punishable only when they have imputation tends to blacken the memory of
been consummated. [Art. 7] one who is dead.

2. But when light felonies are committed against • This article applies only when the offenders
persons or property, they are punishable even if are to be judged by their individual, and not
they are only in the attempted or frustrated stage collective, liability.
of execution. [Art. 7]
• Classification of offenders is not necessary
3. Only principals and accomplices are liable for when there is conspiracy. The act of one is
light felonies. [Art. 16] the act of all.

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of the same unlawful object, each doing a


part so that their acts, though apparently
Art. 17, RPC. independent, were in fact connected and
Principals. – The following are considered principals: cooperative, indicating a closeness of
personal association and concurrence of
1. Those who take a direct part in the execution of sentiment, a conspiracy may be inferred
the act; though no actual meeting among them to
concert ways and means is proved.90
2. Those who directly force or induce others to
commit it;
• Direct participation is necessary.
3. Those who cooperate in the commission of the
offense by another act without which it would not Exception: Persons not in the scene of the
have been accomplished. crime (i.e. leaders, masterminds, prime
movers)

• Formal agreement or previous acquaintance


Principal by Direct Principal by
Principal by between persons is not necessary in
Participation Induction
Indispensable conspiracy.
Cooperation
Those who take a Those who Those who
• In cases of implied conspiracy, the liability of
direct part in the directly force or cooperate in the
execution of the induce others to commission of the a conspirator for acts performed by his co-
act. commit it. offense by conspirators before he joined the conspiracy
another act depends on the nature of those acts, thus:
without which it
would not have a. If the anterior acts were the beginning of
been a felony which was consummated after
accomplished. he joined the conspiracy, he is liable for
these anterior acts; and
PRINCIPALS BY DIRECT PARTICIPATION b. If those prior acts were separate felonies
and unilateral to those committed after
Requisites: his joining the conspiracy, he is not
1. That they participated in the criminal resolution; liable for hose preceding acts.
and
2. That they carried out their plan and personally • In the absence of conspiracy, each of the
took part in its execution by acts which directly accused is responsible only for the
tended to the same end. consequences of his acts.
• When the second requisite is lacking, there is only • Conspiracy is presumed when crime is
conspiracy. committed by a band.

• Conspiracy does not presuppose evident


a. “That they participated in the criminal premeditation.
resolution”
• A conspirator is not liable for another’s crime
• It is well-settled that a person maybe when it is neither an object of the conspiracy
convicted for the criminal acts of another nor a necessary and logical consequence
when there has been conspiracy or unity of thereof. [Art. 4]
purpose and, intention in the commission of
the crime charged between them. Exception: Robbery by a band [Art. 296]

To be a party to a conspiracy, one must have Exception to the exception: If it is shown


the intention to participate in the criminal that he attempted to prevent the
transaction with a view to the furtherance of occurrence of the act that is not an object
the common design and purpose. [Reyes] to the conspiracy.

• Conspiracy may be express or implied. • When there is conspiracy, the fact that an
element of the offense is not present as
Doctrine of implied conspiracy regards one of the conspirators is immaterial.
If it is proved that two or more persons
aimed, by their acts, at the accomplishment 90 People v. Mateo, Jr.

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Exception: Art. 62(3) and (4). (i.e.


relationship, treachery, etc.) – Aggravating • One cannot be held guilty of having instigated the
circumstances which are purely personal to commission of the crime without first being shown
one would not affect the others. that the crime was actually directly committed
(or attempt) by another.

b. “That they carried out their plan and personally Thus, there can be NO principal by inducement
took part in its execution by acts which directly (or by indispensable cooperation) unless there is a
tended to the same end.” principal by direct participation. But there can be
a principal by direct participation without a
General Rule: The principal must be at the scene principal by inducement (or by indispensable
of the crime, personally taking part in its cooperation).
execution.
• This inducement must be the determining cause
Exceptions: of the commission of the crime by the principal
1. Leaders by direct participation; without such inducement,
2. Masterminds the crime would not have been committed.
3. Prime movers
4. Co-conspirators who has already performed • The inducement must precede the act and must
their part of the crime. be so influential; hence if there is a price or
reward involved, without prior promise, there can
be no inducement.
In conspiracy by prior agreement, the principal by
direct participation who does not appear at the scene • If the crime committed is not contemplated in the
of the crime is NOT liable because: order given, inducement is not material and not
the determining cause thereof.
1. His non-appearance is deemed desistance which is
favored and encouraged.
Two ways of becoming a principal by Inducement:
2. Conspiracy is generally not a crime unless the law 1. By directly forcing another to commit a crime
specifically provides a penalty therefore. (Art 8) by:
Thus, by merely conspiring, they would be
participator has not yet committed any crime a. Using irresistible force.
unless he would appear at the scene of the crime
and perform any act directly or indirectly in the Irresistible Force, defined
accomplishment of the conspiracy. Such physical force as would produce an
effect upon the individual that in spite of all
3. There is no basis for criminal liability because resistance, it reduces him to a mere
there is no criminal participation. instrument.

b. Causing uncontrollable fear.


“personally took part in its execution”, meaning
That the principal by direct participation must be at Uncontrollable Fear, defined
the scene of the commission of the crime, personally Compulsion by means of intimidation or
taking part in its execution except when there is threat that promises an evil of such gravity
conspiracy and the principal by direct participation and eminence that the ordinary man would
has already performed his part prior to the actual have succumbed to it.91
commission of the crime.
• In these cases, there is no conspiracy,
not even a unity of criminal purpose and
PRINCIPALS BY INDUCTION intention. Only the one using the force or
causing the fear is criminally liable. The
Requisites: material executor is not criminally liable
1. That the inducement be made directly with the because of Art. 12, pars. 5 and 6
intention of procuring the commission of the (exempting circumstances).
crime; and
2. By directly inducing another to commit a
2. That such inducement is the determining cause of crime by:
the commission of the crime by the material
executor.
91 U.S. vs. Elicanal, 35 Phil 209, 212, 213, 1916

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CRIMINAL LAW 1 53 CRIMINAL LAW

a. Giving of price, or offering of reward or participation. rebellion. However, the


promise. person to whom the proposal
is made should not commit
the crime; otherwise, the
The one giving the price or offering the
proponent becomes a
reward or promise is a principal by principal by inducement.
inducement while the one committing What kind of crime involved
the crime in consideration thereof is a Involves any crime The proposal to be
principal by direct participation. There is punishable must involve only
collective criminal responsibility. treason, rebellion,
insurrection or coup d’ etat.
b. Using words of command

The person who used the words of Effects of acquittal of principal by direct
command is a principal by inducement participation upon liability of principal by
while the person who committed the inducement:
crime because of the words of command 1. Conspiracy is negated by the acquittal of co-
is a principal by direct participation. defendant.
There is also collective criminal
responsibility. 2. One cannot be held guilty of having instigated the
commission of a crime without first being shown
Requisites: that the crime has been actually committed by
1. That the one uttering the words of another.
command must have the intention of
procuring the commission of the crime; • But if the one charged as principal by direct
participation is acquitted because he acted
2. That the one who made the command without criminal intent or malice, his acquittal is
must have an ascendancy or influence not a ground for the acquittal of the principal by
over the person who acted; inducement.

3. The words used must be so direct, so


efficacious, so powerful as to amount to PRINCIPAL BY INDISPENSABLE COOPERATION
physical or moral coercion (this
Requisites:
requirement does not apply to inducing
1. Participation in the criminal resolution, that is,
another to commit a crime with the there is either prior conspiracy or unity of
giving or offering of a price, reward or criminal purpose and intention immediately
promise); before the commission of the crime charged; and
• Requires participation in the criminal
4. The words of command must be uttered resolution
prior to the commission of the crime; • There must be conspiracy
and • Concurrence is sufficient.
• Cooperation is indispensable.
5. The material executor of the crime has
no personal reason to commit the crime. 2. Cooperation in the commission of the offense by
performing another act without which it would
• If the person who actually committed the not have been accomplished.
crime had reason of his own to commit • Cooperation must be indispensable.
the crime, it cannot be said that the • If dispensable, accused is only an accomplice.
inducement was influential in producing • If cooperation is necessary in the execution
the criminal act. of the offense, accused is considered as a
principal by direct participation.

Offender who made The term “cooperation in the commission of the


Principal by
Inducement
Proposal to commit a offense,” involves acting with the desires or
Felony wishes of the Principal by Direct Participation.
In both
There is an inducement to commit a crime
When liable Collective criminal responsibility
Becomes liable only when The mere proposal to This is present when the offenders are criminally
the crime is committed by commit a felony is liable in the same manner and to the same
the principal by direct punishable in treason or

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CRIMINAL LAW 1 54 CRIMINAL LAW

extent. The penalty to be imposed must be the • An accomplice is not in conspiracy with the
same for all. principal by direct participation; otherwise, he
becomes a co-principal.
• Principal by direct participation have collective
criminal responsibility.
An accomplice acquires knowledge of the criminal
• Principals by induction, except those who directly design of the principal when:
forced another to commit a crime, and principals a. The principal informs or tells the accomplice of
by direct participation have collective criminal the former’s criminal purpose.
responsibility.
b. The accomplice sees the criminal acts of the
• Principals by indispensable cooperation have principal.
collective criminal responsibilities with the
principal by direct participation.
• The community of design need not be to commit
the crime actually committed. It is sufficient if
Individual criminal responsibility there was a common purpose to commit a
In the absence of any previous conspiracy, unity of particular crime and that the crime actually
criminal purpose and intention immediately before committed was a natural and probable
the commission of the crime, or community of consequence of the intended crimes.
criminal design, the criminal responsibility arising
from different acts directed against one and the same • Cooperation of accomplice is only beneficial, not
person is individual and not collective, and each of indispensable.
the participants is liable only for the act committed
by him.92 • Previous or simultaneous acts can be through oral
support or moral aid through advice,
encouragement, or agreement, provided that is it
Art. 18, RPC. not the determining cause of the commission of
Accomplices. – Accomplices are the persons who, not being the crime of the principals.93
included in Article 17, cooperate in the execution of the
offense by previous or simultaneous acts.
• An accomplice may be held liable for a crime
different from that which the principal committed
Accomplices, defined
by application of aggravating and mitigating
Persons who, not acting as principals, cooperate in the circumstances in relation to Art. 62(3) and (4).
execution of the offense by previous and simultaneous
acts, which are not indispensable to the commission of
• Where the accused acted in a dispensable
the crime.
manner, jurisprudence has held them liable as
accomplices, even if they were co-conspirators, in
• They act as mere instruments who perform acts
view of the rule in favor of “milder liability.”94
not essential to the perpetration of the offense.
• Before there could be an accomplice, there must
Requisites:
be a principal by direct participation.
1. That there be community of design; that is,
knowing the criminal design of the principal by
• One can be an accomplice even if he did not know
direct participation, he concurs with the latter’s
of the actual specific crime intended to be
purpose;
committed by the principal, provided he was
aware that the objective of the acts he was
2. That he cooperates in the execution of the
tasked to do was illicit.
offense by previous or simultaneous acts, with the
intention of supplying material or moral aid in the
execution of the crime in an efficacious manner; • The person charged as an accomplice should not
and have inflicted a mortal wound. If he inflicted a
mortal wound, he becomes a principal by direct
3. That there be a relation between the acts done participation.
by the principal and those attributed to the
person charged as an accomplice. • In case of doubt, the participation of the offender
will be considered that of an accomplice rather
Note: than that of a principal.

93 Otherwise, the accomplice becomes a principal by


inducement.
92 U.S. v. Magcomot 94 People v. Anin, 1975

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CRIMINAL LAW 1 55 CRIMINAL LAW

2. Without having participated therein either as


principals or accomplices, take part subsequent
Accomplice Conspirator to its commission in any of the following acts:
They know and agree with the criminal design.
They come to know about the They come to know the a. By profiting them or assisting the offender to
same after the principals have criminal intention because profit by the effects of the crime;
reached the decision, and only they themselves have
then do they agree to decided upon such course
cooperate in its execution. of action. • In profiting through the effect of the
They are merely instruments They are the authors of a crime, the accessory must receive the
who perform acts not essential crime. property from the principal. He should
to the perpetration of the not take it without the consent of the
offense. principal. If he took it without the
consent of the principal, he is not an
accessory but a principal of the crime of
theft.
Principal by Indispensable
Accomplice
Cooperation • Knowledge of the commission of the
Cooperation must be Cooperation must be crime after acquisition of stolen property
dispensable. indispensable.
is sufficient.
Cooperates in the execution Has participation in the
of the offense by previous criminal resolution, that is, • Mere suspicion that a crime has been
or simultaneous acts, with there is either anterior committed is not enough.
the intention of supplying conspiracy or unity of
material or moral aid in the criminal purpose and b. By concealing or destroying the body, effects
execution of the crime in an intention immediately before or instruments of the crime to prevent its
efficacious way. the commission of the crime
discovery;
charged.

There must be conspiracy “Body of the crime”


There must be no between the principals liable is equivalent to corpus delicti.
conspiracy between
principals and accomplices. • There must be an attempt to hide the
body of the crime such as burying the
cadaver and/or concealing or destroying
Art. 19, RPC.
Accessories. – Accessories are those who, having knowledge the effects of or the instruments of the
of the commission of the crime, and without having crime to prevent its discovery.
participated therein, either as principals or accomplices,
take part subsequent to its commission in any of the Requisites:
following manners: a. The fact that the crime was committed;
and
1. By profiting themselves or assisting the offender to
profit by the effects of the crime;
b. The participation of the offender in the
2. By concealing or destroying the body of the crime, or commission of the crime.
the effects or instruments thereof, in order to prevent
its discovery; • What is concealed is the body of the
crime, not the accused.
3. By harboring, concealing, or assisting in the escape of
the principals of the crime, provided the accessory acts c. By harboring, concealing, or assisting in
with abuse of his public functions or whenever the the escape of the principal of the crime,
author of the crime is guilty of treason, parricide,
provided the accessory acts with abuse
murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some of his public functions or whenever the
other crime. author of the crime is guilty of treason,
parricide, murder, or an attempt to take
the life of the Chief Executive, or is
known to be habitually guilty of some
Accessories – are those who: other crime.
1. Having knowledge of the commission of the
crime; and
Two classes of accessories contemplated in
paragraph 3 of Art. 19:

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1. Public officers, who harbor, conceal or assist in • The prescribed acts of the accessory under par. 2
the escape of the principal of any crime (not light must have been intended to prevent the discovery
felony) with abuse of his public functions. of the crime; hence, mere silence is NOT
punishable.
Requisites:
a. The accessory is a public officer; Exceptions:
b. He harbors, conceal, or assist in the escape a. if, however, the crime involved is conspiracy
of the principal; to commit treason, his silence may hold him
c. The public officer acts with abuse of his liable for misprision of treason [Art. 116] but
public functions; and as a principal thereof.
d. The crime committed by the principal is any
crime, provided it is not a light felony. b. Committing the acts of knowingly concealing
evil practices as enumerated in Art. 142
2. Private persons, who harbor, conceal or assist in makes the accomplice also punishable as a
the escape of the author of the crime who is principal in inciting to Sedition [Art. 142].
guilty of treason, parricide, murder, or attempts
against the life of the Chief Executive (President), • Where the accused misleads the
or who is known to be habitually guilty of some authorities by giving them false
other crime. information, such act is equivalent to
concealment and he should be held as an
Requisites: accessory.
a. The accessory is a private person;
b. He harbors, conceal or assists in the escape
of the author of the crime; and PD 1612: ANTI-FENCING LAW OF 1979
c. The crime committed by the principal is
either: Fencing, defined
An act, with intent to gain, of buying, selling,
i. Treason; receiving, processing, keeping, or in any other manner
ii. Parricide; dealing in anything of value which a person knows or
iii. Murder; should have known to be derived from the proceeds of
iv. An attempt against the life of the the crime of robbery or theft.
President;

OR that the principal is known to be Fence, defined


habitually guilty of some other crime. Any person, firm, association, corporation,
partnership or other organization, who/which commits
• Where the alleged principal is acquitted due to the act of fencing. A fence who receives stolen
insufficiency of evidence as to the corpus delicti property as above-provided is not an accessory but a
of the crime, it is neither proper nor possible to principal in the crime defined in and punished by the
convict the defendant as an accessory. Anti-Fencing Law.

General Rule: The responsibility of the accessory • Mere possession of anything of value which has
is subordinate to that of the principal in a crime. been the subject of robbery or theft shall be
prima facie evidence of fencing, which will create
• HOWEVER, conviction of an accessory is possible a rebuttable presumption of fencing.
notwithstanding the acquittal of the principal, if
the crime was in fact committed, but the
principal was not held liable, because of an
exempting circumstance [Art. 12], such as
insanity or minority. (D) OBSTRUCTION OF JUSTICE (P.D. NO.
1829)
• Neither the letter nor the print of the law PD 1829: PENALIZING OBSTRUCTION OF
requires that the principal be convicted before APPREHENSION AND PROSECUTION OF CRIMINAL
one may be punished as an accessory. As long as OFFENDERS
the corpus delicti is proven and the accessory’s
participation as such is shown, he can be held P.D. 1829 penalizes the act of any person who
criminally responsible and meted out the knowingly or willfully obstructs, impedes, frustrates or
corresponding penalty. 95 delays the apprehension of suspects and the
investigation and prosecution of criminal cases.

95 Inovero vs. Coronel, CA, 65 O.G. 3160

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• The act enumerated under this decree are


commonly referred to as ‘OBSTRUCTION OF • The public officer contemplated in par. 3 of Art.
JUSTICE.” It penalizes, inter alia, the act of 19 is exempt by reason of relationship to the
harboring or concealing, or facilitating the escape principal, even if such public officer acted with
of any person he knows or has reasonable ground abuse of this official functions.
to believe or suspect, has committed any offense
under existing penal laws in order to prevent his Note:
arrest, prosecution and conviction. Here, he shall The benefits of the exception in Art. 20 do not
be punished as a principal in the crime of apply to P.D. 1829.
obstruction of justice.

Art. 19. RPC


The principal who was assisted
P.D. 1829
The person who was C. PENALTIES
committed only any of the assisted committed any
enumerated felonies (MAPHaT) crime.
unless the accessory is a public 1. PRINCIPLES: PENALTIES IN GENERAL
officer who acts with abuse of
Penalty (definition)
public functions.
The crime committed by the The crime committed The suffering that is inflicted by the State for the
principal must be under the RPC. by the principal is transgression of a law.
punishable under any
existing penal law,
including the RPC. Different juridical conditions of penalty: (P2C3EL)
The person who gave assistance is The person who gave 1. Must be productive of suffering without however
punished as an accessory in the assistance is punished affecting the integrity of the human personality
offense committed by the as a principal in the
principal. crime of obstruction of
justice. 2. Must be commensurate with the offense-different
crime must be punished with different penalties

Art. 20, RPC. 3. Must be personal – no one should be punished for


Accessories who are exempt from criminal liability. – The the crime of another
penalties prescribed for accessories shall not be imposed
upon those who are such with respect to their spouses, 4. Must be legal – it is the consequence of a
ascendants, descendants, legitimate, natural, and adopted judgment according to law
brothers and sisters, or relatives by affinity within the same
degrees, with the single exception of accessories falling 5. Must be certain– no one may escape its effect
within the provisions of paragraph 1 of the next preceding
article.
6. Must be equal for all

7. Must be correctional
The exemption provided for in this article is based on
the ties of blood and the preservation of the
cleanliness of one’s name, which compels one to
Three-fold purpose of penalty under RPC:
conceal crimes committed by relatives so near as
1. Retribution or expiation
those mentioned in this article.
2. Correction or reformation
3. Social defense
An accessory is exempt from criminal liability when
the principal is his/her – (SADL)
1. Spouse, or
Constitutional restriction on penalties
2. Ascendant, or
The Constitution directs that “excessive fines shall not
3. Descendant, or
be imposed, nor cruel and unusual punishment
4. Legitimate, natural or adopted brother, sister or
inflicted.” [Sec. 19 [1], Art. 3]
relative by affinity within the same degree.

Art. 21, RPC.


Accessory is NOT exempt from criminal liability Penalties that may be imposed. – No felony shall be
even if the principal is related to him, if such punishable by any penalty not prescribed by law prior to its
accessory: commission.

1. Profited by the effects of the crime, or


2. Assisted the offender to profit by the effects of A felony shall be punishable only by the penalty
the crime. prescribed by law AT THE TIME OF ITS COMMISSION.

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CRIMINAL LAW 1 58 CRIMINAL LAW

of a right for something which when done was


• It has no application to any of the provisions of lawful; and
the RPC for the reason that, for every felony
defined in the Code, a penalty has been 6. Deprives a person accused of a crime of some
prescribed. [Reyes] lawful protection to which he has become
entitled, such as the protection of a former
• This article can be invoked when a person is being conviction or acquittal, or a proclamation of
tried for an act or omission for which no penalty amnesty.
has been prescribed by law.

If retroactive effect of a new law is favorable to the


Art. 22, RPC. defendant, it shall apply to him even if he is:
Retroactive effects of penal laws. – Penal Laws shall have a a. Presently on trial for the offense;
retroactive effect insofar as they favor the person guilty of a b. Has already been sentenced but service of which
felony, who is not a habitual criminal, as this term is defined has not begun; or
in Rule 5 of Article 62 of this Code, although at the time of c. Already serving sentence.
the publication of such laws a final sentence has been
pronounced and the convict is serving the same.
• The exception applies to a law dealing with the
prescription of a crime.
General Rule: Penal law is applied prospectively.
• The retroactive effect of criminal statutes does
Exception: When retroactive application will be not apply to the culprit’s civil liability, regardless
favorable to the person guilty of a felony, provided of it being favorable or unfavorable
that:
• No retroactive effect even when favorable to the
1. The offender is NOT a habitual criminal accused if the new law is expressly made
(delinquent) under Art. 62(5); inapplicable to pending actions or existing causes
of action.96
2. The new or amendatory law does NOT prohibit its
retroactive application. • The provisions of Art. 22 are applicable even to
special laws which provide more favorable
conditions to the accused.
Habitual delinquent, defined
A person who, within a period of ten years from the Not applicable to civil liability
date of his release or last conviction of the crimes of • The principle that criminal statutes are
serious or less serious physical injuries, robbery, theft, retroactive so far as they favor the culprit does
estafa, or falsification (FRETSeL), is found guilty of not apply to the latter's civil liability, because the
any said crimes a third time or oftener. rights of offended persons or innocent third
parties are not within the gift of arbitrary disposal
Ex post facto law, defined of the State.
A law which makes criminal an act which, when
committed, was not a crime. Criminal liability under the repealed law subsists:
An ex post facto law is one which: 1. When the provisions of the former law are
1. Makes an innocent act done before the passage of reenacted; or
the law criminal;
if the offenses are still punishable in the
2. Aggravates a crime, or makes it greater than it repealing penal law.
was, when committed; 2. When the repeal is by implication; or

3. Changes the punishment and inflicts a greater When there is a repeal of the repealing law,
punishment than that provided by the law which revives the prior penal law, unless the
annexed to the crime when committed; language of the repealing statute provides
otherwise.
4. Alters the legal rules of evidence, and authorizes
conviction upon a less or different testimony than 3. When there is a saving clause.
the law required at the time of the commission of
the offense; Note:

5. Assumes to regulate civil rights and remedies


only, in effect imposing a penalty or deprivation 96 Tavera vs. Valdez, 1 Phil. 468, 1902

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The new law which increases the civil liability of the 2. Seduction, Abduction, Acts of Lasciviousness
accused cannot be given retroactive effect. [Art. 344, RPC]

• EXPRESS pardon given by offended party or


BAR 2011
her parents or grandparents or guardian.
• When the repeal is absolute, the offense ceases to be
criminal. 97 The pending case charging the accused of the
Note:
repealed crime is to be dismissed.
The pardon by the parents, standing alone, is
inefficacious. Similarly, the express pardon of a
person guilty of attempted abduction of a minor,
Note:
granted by the latter’s parents, is not sufficient
No retroactive effect of penal law as regards
to remove criminal responsibility, but must be
jurisdiction of court. The jurisdiction of the court to
accompanied by the express pardon of the girl
try a criminal action is to be determined by the law in
herself.99
force at the time of instituting the action, not at the
time of the commission of the crime.
• Pardon must be given PRIOR to the institution
of the criminal action.
Jurisdiction of courts in criminal cases is determined
by the allegations of the complaint or informant, and
Exception: However, marriage between the
not by the findings the court may make after trial.98
offender and the offended party EVEN AFTER the
institution of the criminal action or conviction of
the offender will extinguish the criminal action or
Art. 23, RPC.
Effect of pardon by the offended party. – A pardon by the remit the penalty already imposed against the
offended party does not extinguish criminal action except as offender, his co-principals, accomplices, and
provided in Article 344 of this Code; but civil liability with accessories after the fact.
regard to the interest of the injured party is extinguished by
his express waiver. Note:
Not applicable in rape, where there are two or
more principals involved and in case of multiple
General Rule: Pardon by the offended party does NOT rape.
extinguish the criminal liability of the offender.
3. Rape (as amended by R.A. 8353)
• In criminal cases, the intervention of the
aggrieved parties is limited to being witnesses for The subsequent valid marriage between the
the prosecution. offender and the offended party shall extinguish
criminal liability or the penalty imposed. In case
• Compromise upon the civil liability arising from an the legal husband is the offender, subsequent
offense may be had; but such compromise shall forgiveness by the wife as offended party shall
not extinguish the public action for the imposition also produce the same effect.
of the legal penalty. [Art. 2034, Civil Code]
• Pardon by the offended party under Art. 344
• A contract stipulating for the renunciation of the is ONLY A BAR to criminal prosecution; it is
right to prosecute an offense or waiving the NOT a ground for extinguishment of criminal
criminal liability is VOID. [Arts. 1306, 1352, 1409, liability.
Civil Code]
• CIVIL LIABILITY may be extinguished by the
Exception: EXPRESS WAIVER of the offended party.
Pardon by the offended party will bar criminal
prosecution in the following crimes:
Art 24. Measures of prevention or safety which are
1. Adultery and Concubinage [Art. 344, RPC] not considered penalties.

• EXPRESS or IMPLIED pardon must be given by The following are NOT considered as penalties:
offended party to BOTH offenders. 1. Arrest and temporary detention of accused
persons, as well as their detention by reason of
• Pardon must be given PRIOR to institution of insanity or imbecility, or illness requiring their
criminal action. confinement in a hospital.

97 People vs. Tamayo, 61 Phil. 226 (1935).


98 People vs. Romualdo, 87 Phil. 641, 642 99 People vs. Lacson, [ICA] 55 OG 9460

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CRIMINAL LAW 1 60 CRIMINAL LAW

2. The commitment of a minor to any the institution be less than 200 pesos.
mentioned in Art. 80 (now Art 192, PD No. 603)
and for purposes specified therein.
Fine is:
3. Suspension from the employment or public office 1. Afflictive – over P6,000.00
during the trial or order to institute proceedings. 2. Correctional – P200.00 to P6,000.00
3. Light penalty – less than P200.00
4. Fines and other corrective measures which, in the
exercise of their administrative or disciplinary
powers, superior official may impose upon their • Same basis may be applied by analogy to bond to
subordinates. keep the peace

5. Deprivation of right and the reparations which the • These articles determine the classification of a
civil law may establish in penal form. [Art. 24, fine whether imposed as a single or as an
RPC] alternative penalty for a crime.

• Where the fine in question is exactly P200, under


Reasons why they are NOT penalties: Art. 9 it is a light felony, whereas under Art. 26 it
is a correctional penalty, hence the offense
1. They are not imposed as a result of judicial involved is a less grave felony. It has been held
proceedings. Those mentioned in paragraphs 1, 3 that this discrepancy should be resolved liberally
and 4 are merely preventive measures before in favor of the accused, hence Art. 9 prevail over
conviction of offenders. Art. 26. 100

2. The offender is not subjected to or made to suffer Note:


these measures in expiation of or as punishment In determining the prescription of crimes, apply
for a crime. Art. 9 (P200 fine is light felony). In determining
the prescription of penalty, apply Art. 26 (P200
fine prescribes in 10 years).
• Par. 1 does not refer to the confinement of an
insane or imbecile who has not been arrested for
a crime it refers to accused persons” who are RA NO. 9346,
detained by reason of insanity or imbecility. AN ACT PROHIBITING THE IMPOSITION OF
DEATH PENALTY IN THE PHILIPPINES
• Paragraphs 3 and 4 refer to administrative
suspension and administrative fines and not Sec. 2 of said law provides that in lieu of death
suspension or fine as penalties for violations of penalty, the following shall be imposed:
the RPC.
1. The penalty of reclusion perpetua, when the law
• The deprivation of rights established in penal violated makes use of the nomenclature of the
form by the civil laws is illustrated in the case of penalties of the Revised Penal Code; or
parents who are deprived of their parental
authority if found guilty of the crime of 2. The penalty of life imprisonment, when the law
corruption of their minor children, in accordance violated does not make use of the nomenclature
with Art. 332 of the Civil Code. of the penalties of the Revised Penal Code.

• Where a minor offender was committed to a


reformatory pursuant to Art. 80 (now, PD 603), Section 3. Persons convicted of offenses punished with
and while thus detained he commits a crime reclusion perpetua, or whose sentences will be
therein, he cannot be considered a quasi- reduced to reclusion perpetua, by reason if this Act
recidivist since his detention was only a shall not be eligible for parole under Act No. 4103,
preventive measure, whereas quasi-recidivism otherwise known as the indeterminate sentence law,
presupposes the commission of a crime during the as amended.
service of the penalty for a previous crime.
2. CLASSIFICATION OF PENALTIES
Art. 26, RPC
Art. 25, RPC.
Fine – When afflictive, correctional or light penalty. – A fine,
whether imposed as a single or as an alternative penalty, Penalties which may be imposed. – The penalties
shall be considered an afflictive penalty, if it exceeds 6,000 which may be imposed, according to this Code, and
pesos; a correctional penalty, if it does not exceed 6,000
pesos but is not less than 200 pesos; and a light penalty, if it 100 People vs. Yu Hai, 99 Phil. 725, 1956

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their different classes, are those included in the • The scales in Art. 71 are for the purpose of
following: graduating the penalties by degrees in accordance
with the rules in Art. 61.
SCALE
PRINCIPAL PENALTIES
Classification of penalties under article 25:
Capital punishment: 1. Based on their severity or gravity
Death a. Capital,
b. Afflictive,
Afflictive penalties: c. Correctional,
Reclusion perpetua d. Light
Reclusion temporal
Perpetual or temporary absolute disqualification This classification corresponds to the
Perpetual or temporary special disqualification classification of felonies in Art. 9, into grave, less
Prision mayor grave and light.

Correctional penalties: 2. Based on their nature


Prision correccional
Arresto mayor a. Principal penalties
Suspension Those expressly imposed by the court in the
Destierro judgment of conviction. It may be further
classified based on divisibility.
Light penalties:
Arresto menor Divisible
Public censure Those that have fixed duration and are
divisible into three periods.
Penalties common to the three preceding classes:
Fine, and Indivisible
Bond to keep the peace. Those which have no fixed duration. These
are:
ACCESSORY PENALTIES i. Death
ii. Reclusion perpetua
Perpetual or temporary absolute disqualification, iii. Perpetual absolute or special
disqualification
Perpetual or temporary special disqualification, iv. Public censure

Suspension from public office, the right to vote and


be voted for, the profession or calling. Reclusion Perpetua Life Imprisonment
Eligible for parole after 30 Not eligible for parole after
Civil interdiction, years of imprisonment 30 years of imprisonment
Carries accessory penalties Does not carry accessory
with it penalties with it
Indemnification,
Imposed by RPC Imposed by Special Laws
Forfeiture or confiscation of instruments and
proceeds of the offense,
b. Accessory penalties
Those that are deemed included in the
Payment of costs.
principal penalties.

3. Based on subject matter


• The scale in Art. 25 is only a general classification
a. Corporal (death).
of penalties based on their severity, nature and
b. Deprivation of freedom (reclusion perpetua
subject matter.
and temporal, prision mayor and
correccional, arresto mayor and menor).
• The scale of penalties in Art. 70 is provided for c. Restriction of freedom (destierro)
successive service of sentences imposed on the d. Deprivation of rights (disqualification and
same accused, in consideration of their severity suspension).
and natures. e. Pecuniary (fine).

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• Perpetual or temporary absolute disqualification, Afflictive Penalties:


perpetual, or temporary special disqualification, a. Reclusion Perpetua – 20 years and 1 day to 40
and suspension may be principal or accessory years
penalties.
b. Reclusion Temporal – 12 years and 1 day to 20
• Bond to keep the place is imposed only in the years
crime of threats [Art. 284], either grave [Art.
282] or light threats [Art. 283]. c. Prision Mayor and Temporary Disqualification – 6
years and 1 day to 12 years except when
disqualification is an accessory penalty, in which
3. DURATION AND EFFECTS OF PENALTIES case its duration is that of the principal penalty.

Correctional Penalties:
SECTION ONE: DURATION OF PENALTIES a. Prision Correccional, suspension and destierro – 6
months and 1 days to 6 years except when
Art 27. Duration of Penalties. suspension is an accessory penalty, in which case
Reclusion perpetua. – The penalty of reclusion perpetua its duration is that of the principal penalty.
shall be from twenty years and one day to forty years.
b. Arresto mayor - 1 months and 1 day to 6 months.
Reclusion temporal. — The penalty of reclusion temporal
shall be from twelve years and one day to twenty years. c. Arresto menor - 1 day to 30 days
Prision mayor and temporary disqualification. — The
d. Bond to keep the peace - The period during which
duration of the penalties of prision mayor and temporary
disqualification shall be from six years and one day to twelve the bond shall be effective is discretionary on the
years, except when the penalty of disqualification is imposed court.
as an accessory penalty, in which case, its duration shall be
that of the principal penalty. In what cases is destierro imposed?
1. Serious physical injuries or death under
Prision correccional, suspension, and destierro. — The exceptional circumstances. [Art. 247]
duration of the penalties of prision correccional, suspension
and destierro shall be from six months and one day to six
years, except when suspension is imposed as an accessory
2. In case of failure to give bond for good behavior.
penalty, in which case, its duration shall be that of the [Art. 284]
principal penalty.
3. As a penalty for the concubine in concubinage
Arresto mayor. — The duration of the penalty of arresto [Art. 334]
mayor shall be from one month and one day to six months.
4. In cases where after reducing the penalty by one
Arresto menor. — The duration of the penalty of arresto or more degrees, destierro is the proper penalty.
menor shall be from one day to thirty days.

Bond to keep the peace. — The bond to keep the peace shall
be required to cover such period of time as the court may Art. 28, RPC.
determine. (As amended by R.A. No. 7659) Computation of penalties. – If the offender shall be in prison,
the term of the duration of the temporary penalties shall be
computed from the day on which the judgment of conviction
shall have become final.

If the offender be not in prison, the term of the duration of


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

Rules: (to be done by Director of Prisons or warden)

1. When the offender is in prison – the duration of


temporary penalties starts from the day the
judgment of conviction becomes final.

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Applies in cases of temporary penalties and the may be sentenced and his case is not yet terminated, he
offender is under detention (under preventive shall be released immediately without prejudice to the
imprisonment) continuation of the trial thereof or the proceeding on appeal,
if the same is under review. In case the maximum penalty to
which the accused may be sentenced is destierro, he shall be
2. When the offender is not in prison – the duration released after thirty (30) days of preventive imprisonment.
of penalties consisting in deprivation of liberty, (As amended by E.O. No. 214, July 10, 1988).
starts from the day that the offender is placed at
the disposal of judicial authorities for the
enforcement of the penalty.
Bar 1994
Applies in cases of penalties consisting in Preventive Imprisonment
deprivation of liberty and the offender is not in Period of detention undergone by an accused where the
prison. crime with which he is charged is non-bailable or, even if
bailable, he is unable to post the requisite bail:
3. The duration of other penalties – the duration
starts from the day on which the offender 1. These rules on preventive imprisonment apply
commences to serve his sentence. Applies in cases to all sentences regardless of the duration
of: thereof, including the so-called perpetual
penalties as long as they involve deprivation of
a. Penalties consisting in deprivation of liberty liberty.
and the offender are undergoing preventive
imprisonment; but the offender is entitled to It applies to destierro.
a deduction of the entirety of the time spent
in detention (should the detention prisoner If the maximum possible penalty to be imposed is
agree, in writing and with counsel, to abide destierro, the accused should be released
by the same disciplinary rules imposed upon immediately after 30 days from his arrest and
convicted prisoners) or 4/5ths of the time of detention.
his detention (should the detention prisoner
not agree to the same, also in writing and Reason: In destierro, the accused sentenced to
with counsel). that penalty does not serve it in prison. [Reyes]

b. Temporary penalties and the offender is not


under detention because the offender is Bar 1994
released on bail. When is the detention prisoner entitled to the full credit
of his preventive imprisonment?
If the detention prisoner agrees voluntarily in writing and
with counsel to abide by the same disciplinary rules imposed
Art. 29, RPC. upon convicted prisoners.

Period of preventive imprisonment deducted from term of When will he be credited only four-fifths (4/5) the time
imprisonment. – Offenders who have undergone preventive during which he has undergone preventive imprisonment?
imprisonment shall be credited in the service of their If the detention prisoner does not agree to abide by the same
sentence consisting of deprivation of liberty, with the full disciplinary rules imposed upon convicted prisoners. Said
time during which they have undergone preventive disagreement shall also be in writing and be made with
imprisonment, if the detention prisoner agrees voluntarily in assistance of counsel.
writing to abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:
2. In the case of a youthful offender who has been
1. When they are recidivists or have been convicted
proceeded against under the Child and Youth
previously twice or more times of any crime; and
Welfare Code, he shall be credited in the
service of his sentence with the full time of his
actual detention, whether or not he agreed to
2. When upon being summoned for the execution of their
abide by the same disciplinary rules of the
sentence they have failed to surrender voluntarily.
institution.
If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall
be credited in the service of his sentence with four-fifths of The following offenders are NOT entitled to be
the time during which he has undergone preventive credited with the full time or four-fifths of the time
imprisonment. (As amended by Republic Act 6127, June 17, of preventive imprisonment:
1970). a. Recidivists or those convicted previously twice or
more times of any crime (reiteracion of 2 or more
Whenever an accused has undergone preventive light felonies).
imprisonment for a period equal to or more than the possible
Includes habitual delinquents.
maximum imprisonment of the offense charged to which he

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An absolute disqualification effective during the


b. Those who, upon being summoned for the lifetime of the convict and even after the service of
execution of their sentence, failed to surrender the sentence.
voluntarily.
Temporary absolute disqualification, defined
Refers to convicts who failed to voluntarily An absolute disqualification which lasts during the
surrender to serve their penalties under a final term of the sentence, and is removed after the
judgment, since this is indicative of a greater service of the same.
defiance of authority.
• A plebiscite is NOT mentioned or contemplated in
• The accused shall be released immediately Art. 30, par. 2 (deprivation of the right to vote),
whenever he has undergone preventive hence, the offender may vote in that exercise,
imprisonment for a period equal to or more than subject to the provisions of pertinent election
the possible maximum imprisonment for the laws at the time.
offense charged.

• The convict shall also be released immediately if Art. 31, RPC.


the penalty imposed after trial is less than the Effects of the penalties of perpetual or temporary special
full or 4/5ths of his preventive imprisonment, disqualification. – The penalties of perpetual or temporary
special disqualification for public office, profession, or
provided that the same is credited.
calling shall produce the following effects:

i. The deprivation of the office, employment, profession


SECTION TWO: EFFECTS OF THE or calling affected.
PENALTIES ACCORDING TO THEIR
ii. The disqualification for holding similar offices or
RESPECTIVE NATURE employments either perpetually or during the term of
the sentence, according to the extent of such
Art. 30, RPC. disqualification.
Effects of the penalties of perpetual or temporary absolute
disqualification. – The penalties of perpetual or temporary
absolute disqualification for public office shall produce the
following effects: Art. 32, RPC.
Effects of the penalties of perpetual or temporary special
1. The deprivation of the public offices and employments disqualification for the exercise of the right of suffrage. –
which the offender may have held, even if conferred by The perpetual or temporary special disqualification for the
popular election. exercise of the right of suffrage shall deprive the offender
perpetually or during the term of the sentence, according to
2. The deprivation of the right to vote in any election for the nature of said penalty, of the right to vote in any popular
any popular office or to be elected to such office. election for any public office or to be elected to such office.
Moreover, the offender shall not be permitted to hold any
3. The disqualification for the offices or public public office during the period of his disqualification.
employments and for the exercise of any of the rights
mentioned.

In case of temporary disqualification, such


disqualification as is comprised in paragraphs 2 and 3 of Special Disqualification deprives the offender
this Article shall last during the term of the sentence. perpetually or during the term of the sentence of:
1. The right to vote in any popular election for any
4. The loss of all rights to retirement pay or other pension public office, or
for any office formerly held. 2. To be elected to such office.

BAR 2011
Disqualification is the withholding of a privilege, not a It does not deprive the offender of the right to vote in a
denial of right – a restriction upon the right of suffrage plebiscite.
or to hold office.

Art. 33, RPC.


Absolute disqualification, defined Effects of the penalties of suspension from any public office,
A disqualification to enter public offices and profession, or calling, or the right of suffrage. – The
employments, the right to vote for any popular office, suspension from public office, profession, or calling, and the
the right to be elected to such office. exercise of the right of suffrage shall disqualify the offender
from holding such office or exercising such profession or
calling or right of suffrage during the term of the sentence.
Perpetual absolute disqualification, defined

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The person suspended from holding public office shall not


hold another having similar functions during the period of his • The offender must deposit such amount with the
suspension. clerk of court to guarantee said undertaking; or

• The offender may be detained, if he cannot give


the bond, for a period not to exceed 6 months if
Art. 34, RPC.
prosecuted for a grave or less grave felony, or for
Civil interdiction. – Civil interdiction shall deprive the
offender during the time of his sentence of the rights of a period not to exceed 30 days, if for a light
parental authority, or guardianship, either as to the person felony.
or property of any ward, of marital authority, of the right to
manage his property and of the right to dispose of such o Bond to keep the peace is different from bail
property by any act or any conveyance inter vivos. bond which is posted for the provisional
release of a person arrested for or accused of
a crime

Civil interdiction deprives the offender of: • Imposed as a penalty in threats [Art. 284].
3. The right of parental authority or guardianship of
any ward (person or property);
Art. 36, RPC.
3. Marital authority; Pardon; its effects. – A pardon shall not work the restoration
of the right to hold public office, or the right of suffrage,
3. The right to manage his property and of the right unless such rights be expressly restored by the terms of the
to dispose of such property by any act or any pardon.
conveyance inter vivos.
A pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by the
• But he can dispose of such property by will or sentence.
donation mortis causa.

Effects of pardon by the president:


Civil interdiction is imposed when the penalty is: • A pardon shall not restore the right to hold public
1. Death which is not carried out; office or the right of suffrage.
2. Reclusion perpetua; or
3. Reclusion temporal. Exception: When any or both such rights is or are
expressly restored by the terms of the pardon.
(Absolute or conditional)
Art. 35, RPC.
Effects of bond to keep the peace. – It shall be the duty of • It shall not exempt the culprit from the payment
any person sentenced to give bond to keep the peace, to of the civil liability.
present two sufficient sureties who shall undertake that
such person will not commit the offense sought to be
• Acceptance of pardon shall not operate as an
prevented, and that in case such offense be committed
they will pay the amount determined by the court in its abandonment of appeal or waiver of the appeal.
judgment, or otherwise to deposit such amount in the
office of the clerk of the court to guarantee said
undertaking. Limitations upon the exercise of the pardoning
power:
The court shall determine, according to its discretion, the • That the power can be exercised only after
period of duration of the bond. conviction “by final judgment”;
Should the person sentenced fail to give the bond as
required he shall be detained for a period which shall in no • That such power does not extend to cases of
case exceed six months, if he shall have been prosecuted impeachment;
for a grave or less grave felony, and shall not exceed thirty
days, if for a light felony. • No pardon, amnesty, parole or suspension of
sentence for violation of election laws, rules, and
regulation shall be granted by the president
Effects of bond to keep the peace without the favorable recommendation of the
• The offender must present two sufficient sureties COMELEC.101
who shall undertake that the offender will not
commit the offense sought to be prevented, and
that in case such offense be committed they will
pay the amount determined by the court; or
101 Art. IX. C. Sec.5 1987 Constitution

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General Rule: When the principal penalty is remitted These are the expenses of litigation allowed and
by pardon, only the effect of that principal penalty is regulated by the Rules of Court to be assessed against
extinguished, but not the accessory penalties attached or to be recovered by a party in litigation.
to it.
The following are included in costs:
Exception: When an absolute pardon is granted, it • Fees, and
removes all the consequences of conviction, and it • Indemnities, in the course of judicial proceedings.
takes effect even after the term of imprisonment has
expired. a. Costs are changeable to the accused only in cases
of conviction. In case of acquittal, the costs are
de officio, meaning each party bearing their own
Pardon by the Chief Pardon by the Offended Party expenses.
Executive [Art. 36] [Art. 23]
As to the crime covered b. No costs shall be allowed against the Republic of
Can extend to any crime, Applies only to crimes the Philippines, unless otherwise provided by law.
unless otherwise provided by against chastity under the
or subject to conditions in the RPC and marital rape.
Constitution or the laws. c. The payment of cost is a matter that rests
As to the effect on civil liability entirely upon the discretion of courts.
Cannot affect the civil liability The offended party can
ex delicto of the offender. waive the civil liability. d. The court cannot disregard the order of payment.
As to extinguishment of criminal liability
Extinguishes criminal liability. Does NOT extinguish
criminal liability. 4. APPLICATION OF PENALTIES
Although it may constitute
a bar to the prosecution of INDETERMINATE SENTENCE LAW (ISL) –
the offender in seduction,
abduction and acts of
ACT NO. 4103 AS AMENDED BY ACT NO.
lasciviousness by the valid 4225
marriage of the victim and
the offender, and in
adultery and concubinage, Concept of Indeterminate Sentence – is a sentence
by the express or implied with a minimum term and a maximum term which, the
pardon by the offended court is mandated to impose for the benefit of a guilty
spouses. person who is not disqualified therefore, when the
When granted maximum imprisonment exceeds one (1) year. It
Can be extended only after Can be validly granted only applies to both violations of Revised Penal Code and
conviction by final judgment of before the institution of special laws.
the accused. the criminal action.
To whom granted Sentence in the ISL
To any or all of the accused. In seduction, abduction If the penalty is imposed by If the penalty is imposed by
and acts of lasciviousness,
the RPC Special Penal Laws
it benefits the co -
Maximum Term
principals, accomplices
That which could be Must not exceed the
and accessories.
properly imposed under the maximum term fixed by said
RPC, considering the law.
In adultery and
aggravating and mitigating
concubinage, it must
circumstances
include both offenders.
Minimum term
As to whether it can be conditional
Within the range of the Must not be less than the
May be absolute or conditional. Cannot validly be made
penalty one degree lower minimum term prescribed
subject to a condition.
than that prescribed by the by the same.
RPC, without considering
the circumstances Note: For special laws, it is
Art. 37, RPC. anything within the
Costs – What are included. – Costs shall include fees and Note: BUT when there is a inclusive range of the
indemnities in the course of the judicial proceedings, privileged mitigating prescribed penalty. Courts
whether they be fixed or unalterable amounts previously circumstance, so that the are given discretion in the
determined by law or regulations in force, or amounts not penalty has to be lowered imposition of the
subject to schedule. by one degree, the indeterminate penalty. The
STARTING POINT for aggravating and mitigating
determining the minimum circumstances are not
Costs or costs of suit, defined term of the indeterminate considered unless the
penalty is the penalty next special law adopts the same
lower than that prescribed terminology for penalties as
by the Code for the offense. those used in the RPC (such

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as reclusion perpetua and


the like) The Indeterminate Sentence Law shall NOT apply to the
following persons:
1. Those sentenced to death penalty, reclusion perpetua,
In imposing a prison sentence for an offense punished or life imprisonment;
by the Revised Penal Code or special penal laws, the
court shall sentence the accused to an indeterminate 2. Those convicted of treason, or conspiracy or proposal to
sentence, which has a maximum and a minimum term commit treason;
based on the penalty which would have been
ACTUALLY IMPOSED. 3. Those convicted of misprision of treason, rebellion,
sedition or espionage;
• ISL application is mandatory, where imprisonment
4. Those convicted of piracy;
would exceed one year.
5. Habitual delinquents;
• BUT it is only mandatory when ISL would be
favorable to the accused; if it would result in 6. Those who have escaped from confinement as a
lengthening his prison sentence, ISL should NOT prisoner, or evaded sentence;
be applied.
7. Those granted with conditional pardon by the president,
• The following articles serves as suppletory but subsequently violated the terms thereof;
provisions to the indeterminate sentence law:
[Reyes] 8. Those with a maximum term of imprisonment actually
imposed does not exceed 1 year;
1. Art. 46 – Penalty to be imposed upon
Principals in general 9. Those sentenced to the penalty of destierro or
suspension only.
2. Art. 48 – Complex Crimes

3. Art. 50-57 – Penalties to be imposed upon


principals, accomplices, and accessories in RELEASE OF THE PRISONER ON PAROLE
consummated, frustrated, or attempted
crimes. The Boards of Pardons and Parole may authorize the
release of a prisoner on parole, after he shall have
4. Art. 61 – Rules for graduating penalties served the minimum penalty imposed on him,
PROVIDED that:
5. Art. 62(5) – Habitual Delinquency
1. Such prisoner is fitted by his training for release;
6. Art. 64 – Rules for the application of 2. There is reasonable probability that he will live
penalties which contains three periods and remain at liberty without violating the law;
7. Art. 65 – Rule in cases in which the penalty is 3. Such release will not be incompatible with the
not composed of three periods welfare of society.
8. Art. 68 – Penalty to be imposed upon a person
under 18 years of age ENTITLEMENT TO FINAL RELEASE AND
DISCHARGE
9. Art. 69 – Penalty to be imposed when the
crime committed is not wholly excusable
If during the period of surveillance, such paroled
prisoner shall:
10. Art. 71(Scale no. 1) – Graduated Scales
1. Show himself to be law-abiding citizen; and
2. Shall not violate any law.
• The modifying circumstances are considered only
in the imposition of the maximum term of the
• The board may issue a final certification in his
indeterminate sentence (They are not considered
favor of his final release and discharge.
in fixing the minimum).

• BUT a first-time recidivist may be given the


SANCTION FOR VIOLATION OF CONDITION OF THE
benefits of the ISL.
PAROLE
BAR 1999, 2003
When benefit of the ISL is not applicable:

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When the paroled prisoner shall violate any of the a. Maximum term – reclusion temporal, in its
conditions of his parole: minimum period, after considering the
mitigating circumstance.
1. The board may issue an order for his arrest; and
thereafter, b. Minimum term- anywhere within the range of
prision mayor without reference to any of its
2. The prisoner shall serve the remaining unexpired periods.
portion of the maximum sentence for which he
was originally committed to prison. 3. There is one aggravating circumstance

a. Maximum term – reclusion temporal in its


REASONS FOR FIXING THE MAXIMUM AND maximum period after considering the
MINIMUM TERMS IN THE INDETERMINATE aggravating circumstance.
SENTENCE
b. Minimum term anywhere within the range of
The minimum and maximum terms in the ISL must be prision mayor without reference to any of its
fixed because they are the basis for the following: periods.

1. Whenever a prisoner has (a) served the MINIMUM


penalty imposed on him and (b) is fit for release Under special law/s:
of the prisoner on parole, upon terms and Individual X is convicted of illegal possession of
conditions prescribed by the board. firearms, which is punishable by 1 year and 1 day to 5
years of imprisonment.
2. But when the paroled prisoner violates any of the
condition of his parole during the period of Maximum term – shall not exceed 5 years as fixed
surveillance, he may be rearrested to serve the by law.
remaining unexpired portion of the MAXIMUM
sentence. Minimum term – shall not be less than the
minimum of 1 year and 1 day prescribed by
3. Even if a prisoner has already served the said law.
MINIMUM, but he is not fitted for release on the
parole, he shall continue to serve until the end of
the MAXIMUM term. SECTION 1: RULES FOR APPLICATION OF
PENALTIES TO THE PERSONS CRIMINALLY LIABLE
• In fixing the minimum penalty, it is necessary for AND FOR THE GRADUATION OF THE SAME
the court to consider the criminal first as an
individual and second as a member of society. Art. 46, RPC.
Penalty to be imposed upon principals in general. – The
penalty prescribed by law for the commission of a felony
ILLUSTRATION OF APPLICATION OF shall be imposed upon the principals in the commission of
such felony.
INDETERMINATE SENTENCE LAW
Whenever the law prescribes a penalty for a felony in general
Under the Revised Penal Code: terms, it shall be understood as applicable to the
A penalty of reclusion temporal was imposed upon the consummated felony.
individual X for committing homicide.

1. There is a mitigating or aggravating General rule: The penalty prescribed by law in


circumstance general terms shall be imposed upon the principals for
a consummated felony.
a. Maximum term – reclusion temporal which
should be imposed in the medium period. Exception: When the penalty to be imposed upon the
[Art 64 par. 1] principal in a frustrated or attempted felony is fixed
by law.
b. Minimum term – anywhere within the range of
prision mayor the penalty next lower from Graduation of penalties:
reclusion temporal. 1. By degrees – refers to:
a. Stages of execution (consummated,
2. There is one ordinary mitigating circumstance frustrated, or attempted); and

b. Degree of the criminal participation of the


offender (whether as principal, accomplice or
accessory).

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B. CONTINUOUS CRIME
2. By periods
Refers to the proper period of the penalty which Continuous crime – a single crime, consisting of a series
should be imposed when aggravating or mitigating of act, but all arising from ONE CRIMINAL
circumstances attend the commission of the RESOLUTION; length of time in the commission is
crime. immaterial.

Requisites:
Art. 47, RPC. 1. Multiplicity of acts;
In what cases the death penalty shall not be imposed; 2. Unity of criminal purpose or intent; and
Automatic Review of Death Penalty Cases. – The death 3. Unity of criminal offense violated.
penalty shall be imposed in all cases in which it must be
imposed under existing laws, except when the guilty person
is below eighteen (18) years of age at the time of the
commission of the crime or is more than seventy years of age Not a complex crime because the offender does not
or when upon appeal or automatic review of the case by the perform a single act. But a series of act. And one
supreme court, the required majority vote is not obtained for offense is not a necessary means for committing the
the imposition of the death penalty, in which cases the other.
penalty shall be reclusion perpetua.
In determining venue, a continued, continuous or
In all cases where the death penalty is imposed by the trial continuing crime is DIFFERENT from a transitory crime
court, the records shall be forwarded to the Supreme Court
(moving crime) – in the latter case, criminal action
for automatic review and judgment by the court en banc,
within (20) days but not earlier than fifteen (15) days after may be instituted and tried in the court of the
promulgation of the judgment or notice of denial of any municipality, city or province wherein any of the
motion for new trial or reconsideration. The transcript shall essential ingredients thereof took place.
also be forwarded within ten (10) days after the filing
thereof by the stenographic reporter. (Amended by R.A. No.
9346) Real or material plurality Continued crime
There is series of acts There is a series of acts
The 1987 Constitution merely suspended the performed by the offender. performed by the
imposition of the death penalty. offender.
Each act performed by the The different acts
offender constitutes a separate constitute only one crime;
• No longer of any force or effect because the
crime; each act is generated all of the acts performed
substantive provisions thereof being inconsistent by a distinct criminal impulse arise from one criminal
with R.A. 9346, while the procedural measures resolution.
are superseded by the present revised Rules of
Court.
Art. 49, RPC.
• Likewise, no death penalty shall be imposed upon Penalty to be imposed upon the principals when the crime
children in conflict with law under Sec. 59, R.A. committed is different from that intended. – In cases in
9344. which the felony committed is different from that which the
offender intended to commit, the following rules shall be
observed:
Art. 48, RPC.
1. If the penalty prescribed for the felony committed be
Penalty for complex crimes. – When a single act constitutes
higher than that corresponding to the offense which the
two or more grave or less grave felonies, or when an offense
accused intended to commit, the penalty corresponding
is a necessary means for committing the other, the penalty
to the latter shall be imposed in its maximum period.
for the most serious crime shall be imposed, the same to be
applied in its maximum period.
2. If the penalty prescribed for the felony committed be
lower than that corresponding to the one which the
accused intended to commit, the penalty for the former
shall be imposed in its maximum period.

3. The rule established by the next preceding paragraph


shall not be applicable if the acts committed by the
guilty person shall also constitute an attempt or
frustration of another crime, if the law prescribes a
higher penalty for either of the latter offenses, in which
case the penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum
period.

Rules:

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1. If the penalty for the felony committed be higher


than the penalty for the offense which the
accused intended to commit, the lower penalty Art. 59, RPC.
shall be imposed in its maximum period. Penalty to be imposed in case of failure to commit the crime
because the means employed or the aims sought are
2. If the penalty for the felony committed be lower impossible. – When the person intending to commit an
offense has already performed the acts for the execution of
than the penalty for the offense which the the same but nevertheless the crime was not produced by
accused intended to commit, the lower penalty reason of the fact that the act intended was by its nature
shall be imposed in its maximum period. one of impossible accomplishment or because the means
employed by such person are essentially inadequate to
3. If the act committed also constitutes an attempt produce the result desired by him, the court, having in mind
or frustration of another crime, and the law the social danger and the degree of criminality shown by the
prescribes a higher penalty for either of the offender, shall impose upon him the penalty of arresto mayor
latter, the penalty for the attempted or or a fine from 200 to 500 pesos.
frustrated crime shall be imposed in its maximum
period.
Penalty for Impossible Crime
• Art. 49 applies ONLY when: The penalty for impossible crime is arresto mayor
o There is a mistake in the identity of the (imprisonment of 1 month and 1 day to 6 months) or
victim of the crime, and the penalty for the fine ranging from 200-500 pesos.
crime committed is different from that for
the crime intended to be committed.
Rules regarding aggravating and mitigating
o The intended crime and the crime actually circumstances:
committed are punished with different 1. Aggravating circumstances which (a) in
penalties. (i.e. qualified by relationship) themselves constitute a crime especially punished
by law or which (b) are included by the law in
defining a crime and prescribing the penalty
Article 49 Article 48 therefore are not to be taken into account to
Lesser penalty is imposed, to Penalty for the more or most increase the penalty.
be applied in its maximum serious crime shall be
period. imposed, to be applied in its Maximum penalty shall be imposed:
maximum period. o When in the commission of the crime,
advantage was taken by the offender of his
public position; or
Note:
For Articles 50-57 and 60, refer to Art. 61 herein o If the offense was committed by any person
provided. who belongs to an organized/syndicated
crime group.

Art. 58, RPC. 2. Aggravating or mitigating circumstances which


Additional penalty to be imposed upon certain accessories. – arise from the following serve to aggravate or
Those accessories falling within the terms of paragraph 3 of mitigate the liability of the principals,
Article 19 of this Code who should act with abuse of their accomplices and accessories as to whom such
public functions, shall suffer the additional penalty of
circumstances are attendant:
absolute perpetual disqualification if the principal offender
shall be guilty of a grave felony, and that of absolute
temporary disqualification if he shall be guilty of a less grave a. The moral attributes of the offender; or
felony.
b. From his private relations from the offended
party; or
Public officers who help the author of the crime by
misusing their office and duties shall suffer the c. From any other personal cause.
additional penalties of:
3. The circumstances which consist in the following
1. Absolute perpetual disqualification, if the shall serve to aggravate or mitigate the liability
principal offender is guilty of a grave felony; only of those persons who had knowledge of them
at the time of the execution of the act or their
2. Absolute temporary disqualification if the cooperation therein:
principal offender is guilty of less grave felony.
a. Material execution of the act; or
• This article applies only to public officers who
abused their public functions. b. The means employed to accomplish it;

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• Applies even if there is conspiracy among


the accused.
• Subsequent crime must be committed AFTER
conviction of former crime.
Additional penalty for habitual delinquency:
1. Upon 3rd conviction • Conviction of two crimes on the same days is
Culprit shall be sentenced to the penalty provided counted only as one conviction, for the purposes
by law for the last crime of which he is found of determining habitual delinquency.
guilty and to the additional penalty of prision
correccional in its medium and maximum periods. • Crimes committed on the same day are similarly
only counted only as one, for the purposes of
determining habitual delinquency.
2. Upon a 4th conviction
The culprit shall be sentenced to the additional
penalty of prision mayor in its minimum and • Commission of the crime need not be
medium periods. consummated.

• Commission of the crime during minority is not


3. Upon 5th or additional conviction counted.
The culprit shall be sentenced to the additional
penalty of prision mayor in its maximum period to • Modifying circumstances is applicable in habitual
reclusion temporal in its minimum period. delinquency.
• Total of the two penalties shall NOT exceed 30 • In determining the court’s jurisdiction, any
years. additional penalties are NOT considered.

Effects of Circumstances: Habitual Delinquency Recidivism


1. Aggravating circumstances (generic and specific) As to the CRIMES committed
have the effect of increasing the penalty, without The crimes are specified It is sufficient that the
however exceeding the maximum period provided accused on the date of his
by law. trial, shall have been
previously convicted by final
2. Mitigating circumstances have the effect of judgment of another crime
diminishing the penalty. embraced in the same title.
As to the PERIOD of time the crimes are committed
3. Habitual delinquency has the effect, not only of The offender is found guilty No period of time between
within ten years from his last the former conviction and
increasing the penalty because of recidivism release or last conviction. the last conviction.
which is generally implied in habitual As to the NUMBER of crimes committed
delinquency, but also of imposing an additional The accused must be found The second offense is for an
penalty. guilty the third time or offense found in the same
oftener of the crimes title.
specified.
Requisites of habitual delinquency: As to their EFFECTS
1. That the offender had been convicted of any of If not offset by a mitigating If not offset by a mitigating
the crimes of: circumstance, it serves to circumstance, it serves to
a. Serious or less serious physical injuries, increase the penalty only to increase the penalty only to
the maximum. AND an the maximum.
b. Robbery,
additional penalty is also
c. Theft, imposed.
d. Estafa, or
e. Falsification. • A convict can be a habitual delinquent without
being a recidivist when no two of the crimes
2. That after conviction or after serving his committed are embraced in the same title of the
sentence, he again committed, and within 10 RPC.
years from his last release of first conviction, he
was again convicted of any of the said crimes for • The imposition of additional penalty for habitual
the second time.
delinquency is constitutional because it is neither
an ex post facto law nor does its imposition
3. That after his conviction of, or after serving
constitute double jeopardy since it is not imposed
sentence for the second offense, he again to punish the same offense but to punish the
committed, and within 10 years from his last moral depravity of the accused.
release or last conviction, he was again convicted
of any of said offenses, the third time or oftener.

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CRIMINAL LAW 1 72 CRIMINAL LAW

last crime of which he be found guilty and to the


RULES FOR THE APPLICATION OF PENALTIES WITH additional penalty of prision mayor in its maximum
REGARD TO THE MITIGATING AND AGGRAVATING period to reclusion temporal in its minimum
CIRCUMSTANCES, AND HABITUAL DELINQUENCY period.

Art. 62, RPC.


Notwithstanding the provisions of this article, the total of the
Effects of the attendance of mitigating or aggravating two penalties to be imposed upon the offender, in
circumstances and of habitual delinquency. – Mitigating or conformity herewith, shall in no case exceed 30 years.
aggravating circumstances and habitual delinquency shall be
taken into account for the purpose of diminishing or For the purpose of this article, a person shall be deemed to
increasing the penalty in conformity with the following rules:
be habitual delinquent, if within a period of ten years from
the date of his release or last conviction of the crimes of
1. Aggravating circumstances which in themselves
serious or less serious physical injuries, robo, hurto, estafa
constitute a crime specially punishable by law or which or falsification, he is found guilty of any of said crimes a
are included by the law in defining a crime and third time or oftener.
prescribing the penalty therefor shall not be taken into
account for the purpose of increasing the penalty.

1(a). When in the commission of the crime, advantage


was taken by the offender of his public position, the Art. 63, RPC.
penalty to be imposed shall be in its maximum Rules for the application of indivisible penalties. – In all
regardless of mitigating circumstances. cases in which the law prescribes a single indivisible penalty,
it shall be applied by the courts regardless of any mitigating
The maximum penalty shall be imposed if the offense or aggravating circumstances that may have attended the
was committed by any person who belongs to an commission of the deed.
organized/syndicated crime group.
In all cases in which the law prescribes a penalty composed
An organized/syndicated crime group means a group of of two indivisible penalties, the following rules shall be
two or more persons collaborating, confederating or observed in the application thereof:
mutually helping one another for purposes of gain in the
commission of any crime. a. When in the commission of the deed there is present
only one aggravating circumstance, the greater penalty
2. The same rule shall apply with respect to any shall be applied.
aggravating circumstance inherent in the crime to such
a degree that it must of necessity accompany the b. When there are neither mitigating nor aggravating
commission thereof. circumstances in the commission of the deed, the lesser
penalty shall be applied.
3. Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his c. When the commission of the act is attended by some
private relations with the offended party, or from any mitigating circumstances and there is no aggravating
other personal cause, shall only serve to aggravate or circumstance, the lesser penalty shall be applied.
mitigate the liability of the principals, accomplices and
accessories as to whom such circumstances are d. When both mitigating and aggravating circumstances
attendant. attended the commission of the act, the court shall
reasonably allow them to offset one another in
4. The circumstances which consist in the material consideration of their number and importance, for the
execution of the act, or in the means employed to purpose of applying the penalty in accordance with the
accomplish it, shall serve to aggravate or mitigate the preceding rules, according to the result of such
liability of those persons only who had knowledge of compensation.
them at the time of the execution of the act or their
cooperation therein.

5. Habitual delinquency shall have the following effects: Imposable penalty, defined
The penalty that will be imposed after applying the
(a) Upon a third conviction the culprit shall be RPC and ISL.
sentenced to the penalty provided by law for the
last crime of which he be found guilty and to the
Prescribed penalty, defined
additional penalty of prision correccional in its
medium and maximum periods; The penalty prescribed by the RPC after considering
the mitigating and aggravating circumstances.
(b) Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the last
crime of which he be found guilty and to the Outline of the rule:
additional penalty of prision mayor in its minimum 1. When the penalty is single indivisible, it shall be
and medium periods; and applied regardless of any mitigating (except if
privileged mitigating) or aggravating
(c) Upon a fifth or additional conviction, the culprit
circumstances.
shall be sentenced to the penalty provided for the

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CRIMINAL LAW 1 73 CRIMINAL LAW

present, the court shall reasonably offset those of one


2. When the penalty is composed of two indivisible class against the other according to their relative
penalties, the following rules shall be observed: weight.

5. When there are two or more mitigating circumstances


a. When there is only one aggravating and no aggravating circumstances are present, the court
circumstance, the greater penalty shall be shall impose the penalty next lower to that prescribed
imposed. by law, in the period that it may deem applicable,
according to the number and nature of such
b. When there is neither mitigating nor circumstances.
aggravating circumstances, the lesser penalty
shall be imposed. 6. Whatever may be the number and nature of the
aggravating circumstances, the courts shall not impose a
greater penalty than that prescribed by law, in its
c. When there is a mitigating circumstance and maximum period.
no aggravating circumstance, the lesser
penalty shall be imposed. 7. Within the limits of each period, the courts shall
determine the extent of the penalty according to the
d. When both mitigating and aggravating number and nature of the aggravating and mitigating
circumstances are present, the court shall circumstances and the greater and lesser extent of the
allow them to offset one another. evil produced by the crime.

• Moral value, not numerical weight, of


circumstances should prevail.
Outline of the rules:
1. No aggravating and no mitigating
One aggravating only Greater Penalty
Medium period.
No mitigating nor Lesser penalty
aggravating
2. Only mitigating
One mitigating only Lesser penalty
Minimum period.
Mitigating and Courts allow them to offset
aggravating one another 3. Only aggravating
Maximum period.
3. When the penalty is composed of two indivisible 4. Where there are aggravating and mitigating
penalties, the penalty cannot be lowered by one The court shall offset those of one class against
degree, no matter how many ordinary mitigating the other according to their relative weight.
circumstances are present.
BAR 1997
Exception: When a privileged mitigating 5. Two or more mitigating and no aggravating
circumstance under Article 68 or Article 69 is Penalty next lower, in the period applicable, according to
present. the number and nature of such circumstances.

Art. 64, RPC. 6. If there are three mitigating circumstances but


Rules for the application of penalties which contain three two aggravating circumstances,
periods. – In cases in which the penalties prescribed by law The court shall offset those of one class against
contain three periods, whether it be a single divisible penalty the other according to their relative weight.
or composed of three different penalties, each one of which
forms a period in accordance with the provisions of Articles
76 and 77, the court shall observe for the application of the 7. No penalty greater than the maximum period of
penalty the following rules, according to whether there are the penalty prescribed by law shall be imposed,
or are no mitigating or aggravating circumstances: no matter how many aggravating circumstances
are present.
1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed 8. The court can determine the extent of the
by law in its medium period. penalty within the limits of each period,
2. When only a mitigating circumstance is present in the
according to the number and nature of the
commission of the act, they shall impose the penalty in aggravating and mitigating circumstances and the
its minimum period. greater or lesser extent of the evil produced by
the crime.
3. When an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in
its maximum period.

4. When both mitigating and aggravating circumstances are

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CRIMINAL LAW 1 74 CRIMINAL LAW

Cases in which mitigating and aggravating c. The magnitude of its effect on the offender’s
circumstances are NOT considered in the imposition victim. 102
of penalty:
• When the minimum of the fine is not fixed by law,
1. When the penalty is single and indivisible (except the determination of the amount of fine is left to
if privileged mitigating) the sound discretion of the court, provided it shall
not exceed the maximum authorized by law.
2. In felonies through negligence (Art. 365 applies
instead) • Wealth or means of culprit is the main
consideration in the imposition of fines.
3. When the penalty is only a fine imposed by an
ordinance
Art. 67, RPC.
4. When the penalties are prescribed by special Penalty to be imposed when not all the requisites of
laws. exemption of the fourth circumstance of Article 12 are
present. – When all the conditions required in circumstance
number 4 of Article 12 of this Code to exempt from criminal
liability are not present, the penalty of arresto mayor in its
Art. 65, RPC.
maximum period to prision correccional in its minimum
Rules in cases in which the penalty is not composed of three
period shall be imposed upon the culprit if he shall have
periods. – In cases in which the penalty prescribed by law is
been guilty of a grave felony, and arresto mayor in its
not composed of three periods, the courts shall apply the
minimum and medium periods, if of a less grave felony.
rules contained in the foregoing articles, dividing into three
equal portions the time included in the penalty prescribed,
and forming one period of each of the three portions.
If not all the conditions necessary to exempt from
liability under art 12 (4) are present, the act should
The courts shall apply the rules in the preceding be considered as:
articles by:
a. Reckless imprudence if the act is executed
1. Dividing into three (3) equal portions the time without taking those precautions or measures
included in the penalty prescribed, and which the most common prudence would
require; and
2. Forming one period of each of the three portions.
b. Simple imprudence if it is a mere lack of
precaution in those cases where either the
Art. 66, RPC. threatened harm is not imminent or the danger
Imposition of fines. – In imposing fines the courts may fix any is not openly visible.
amount within the limits established by law; in fixing the
amount in each case attention shall be given, not only to the
mitigating and aggravating circumstances, but more Art. 69, RPC.
particularly to the wealth or means of the culprit. Penalty to be imposed when the crime committed is not
wholly excusable. – A penalty lower by one or two degrees
than that prescribed by law shall be imposed if the deed is
Outline of the provisions: not wholly excusable by reason of the lack of some of the
conditions required to justify the same or to exempt from
1. The court can fix any amount of the fine within criminal liability in the several cases mentioned in Article 11
and 12, provided that the majority of such conditions be
the limits established by law.
present. The courts shall impose the penalty in the period
which may be deemed proper, in view of the number and
2. The court must consider: nature of the conditions of exemption present or lacking.
a. The mitigating and aggravating circumstances;

b. The wealth or means of the culprit. Penalty:


Lower by one or two degrees than that prescribed by
3. The court may also consider: law

a. The gravity of the crime committed; Application:


When there is lack of some of the conditions required
b. The heinousness of its perpetration; and to justify the deed or to exempt from criminal liability
in the several cases mentioned in Arts. 11 and 12;
PROVIDED THAT, majority of such conditions be
present.

102 People vs. Manuel CA-G.R. Nos. 14648-61-R, July 6, 1957

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CRIMINAL LAW 1 75 CRIMINAL LAW

6. Arresto mayor,
• Unlawful aggression is indispensable in self- 7. Arresto menor,
defense, defense of relatives and defense of 8. Destierro,
stranger, without which, the offender is not 9. Perpetual absolute disqualification,
entitled to reduction. 10. Temporary absolute disqualification,
11. Suspension from public office, the right to vote
Art. 70, RPC. and be voted for, the right to follow a profession
Successive service of sentences. – When the culprit has to orcalling, and
serve two or more penalties, he shall serve them 12. Public censure.
simultaneously if the nature of the penalties will so permit
otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their


Penalties which may be simultaneously served are:
respective severity shall be followed so that they may be 1. Perpetual absolute disqualification,
executed successively or as nearly as may be possible, should 2. Perpetual special disqualification,
a pardon have been granted as to the penalty or penalties 3. Temporary absolute disqualification,
first imposed, or should they have been served out.
4. Temporary special disqualification,
For the purpose of applying the provisions of the next 5. Suspension,
preceding paragraph the respective severity of the penalties 6. Destierro,
shall be determined in accordance with the following scale:
7. Public censure,
1. Death, 8. Fine and bond to keep the peace,
2. Reclusion perpetua, 9. Civil interdiction, and
3. Reclusion temporal, 10. Confiscation and payment of costs.
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor, • The above-listed penalties can be simultaneously
7. Arresto menor, served with imprisonment except for destierro.
8. Destierro,
9. Perpetual absolute disqualification,
10. Temporary absolute disqualification.
• If the sum total of all the penalties does NOT
11. Suspension from public office, the right to vote and exceed the most severe of all the penalties
be voted for, the right to follow a profession or multiplied by three, the three-fold rule does NOT
calling, and apply.
12. Public censure.

Notwithstanding the provisions of the rule next preceding, THE THREE-FOLD RULE: (3:4:40)
the maximum duration of the convict's sentence shall not be 1. The maximum duration of the convict’s sentence
more than threefold the length of time corresponding to the
shall NOT be more than three times the length of
most severe of the penalties imposed upon him. No other
penalty to which he may be liable shall be inflicted after the time corresponding to the most severe of the
sum total of those imposed equals the same maximum penalties imposed upon him.
period.
2. But in no case to exceed 40 years, even if
Such maximum period shall in no case exceed forty years. imposed by different courts.
In applying the provisions of this rule the duration of 3. This rule shall apply only when the convict is to
perpetual penalties (pena perpetua) shall be computed at
serve at least four or more sentences successively
thirty years. (As amended by Com. Act No. 217).
or exceed the most severe of the penalties.

• When the culprit has to serve two or more 4. Subsidiary penalty forms part of the penalty.
penalties, he shall serve them simultaneously if
the nature of the penalties will so permit.
Different systems of penalty, relative to the
execution of two or more penalties imposed on one
Otherwise, the order of their severity (under this and the same accused:
article) shall be followed – so that they may be
executed successively, that is, the following 1. Material accumulation system
penalties: No limitations whatsoever, and accordingly, all
1. Death, the penalties for all the violations were imposed
2. Reclusion perpetua, even if they reached beyond the natural span of
3. Reclusion temporal, human life.
4. Prision mayor,
5. Prision correccional, 2. Juridical accumulation system

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Limited to not more than three-fold the length of • Subsidiary penalty shall be proper only if the
time corresponding to the most severe and in no accused has no property with which to pay the
case to exceed 40 years. This is followed in our fine and not as a matter of choice on his part by
jurisdiction. opting to go to jail instead of paying.

3. Absorption system • Subsidiary penalty is NOT AN ACCESSORY


The lesser penalties are absorbed by the graver PENALTY, hence it must be SPECIFICALLY imposed
penalties. by the court in its judgment.

Art. 39, RPC.


Subsidiary penalty. – If the convict has no property Rules as to subsidiary liability in RPC
with which to meet the fine mentioned in the
paragraph 3 of the next preceding article, he shall Penalty imposed Subsidiary Penalty
be subject to a subsidiary personal liability at the 1. Prision correccional or Subsidiary imprisonment is
rate of one day for each eight pesos, subject to the arresto AND fine103 not to exceed 1/3 of the
following rules: term of the sentence, and in
no case is it to continue for
more than one year. A
1. If the principal penalty imposed be prision fraction or a part of a day is
correccional or arresto and fine, he shall remain not counted.
under confinement until his fine referred to in 2. Fine only Subsidiary imprisonment:
the preceding paragraph is satisfied, but his a. Not to exceed 6 months
subsidiary imprisonment shall not exceed one if the culprit is prosecuted
third of the term of the sentence, and in no for a grave or less grave
case shall it continue for more than one year, felony, and
and no fraction or part of a day shall be counted
b. Not to exceed 15 days if
against the prisoner. prosecuted for a light felony.
3. Higher than prision No subsidiary imprisonment.
2. When the principal penalty imposed be only a correccional 104
fine, the subsidiary imprisonment shall not 4. If the penalty imposed is Subsidiary penalty shall
exceed six months, if the culprit shall have been not to be executed by consist in the same
prosecuted for a grave or less grave felony, and confinement, but of fixed deprivation as those of the
shall not exceed fifteen days, if for a light duration with fine. principal penalty, under the
felony. same rules as No. 1, 2 and 3
above.
3. When the principal penalty imposed is higher
than prision correccional, no subsidiary • In case the financial circumstances of the convict
imprisonment shall be imposed upon the culprit. should improve, he shall pay the fine,
notwithstanding the fact that the convict suffered
4. If the principal penalty imposed is not to be subsidiary personal liability therefore.
executed by confinement in a penal institution,
but such penalty is of fixed duration, the • When the penalty prescribed for the offense is
convict, during the period of time established in imprisonment, it is the penalty actually imposed
the preceding rules, shall continue to suffer the by the Court, not the penalty provided for by the
same deprivations as those of which the Code, which should be considered in determining
principal penalty consists. whether or not subsidiary penalty should be
imposed.
5. The subsidiary personal liability which the
convict may have suffered by reason of his • R.A. 10159 has already amended Art. 39 of the
insolvency shall not relieve him from the fine in RPC. It now provides minimum wage rate of the
case his financial circumstances should improve. region, instead of P8.00.
(As amended by R.A. 5465, April 21, 1969).

Subsidiary penalty, defined


A subsidiary personal liability to be suffered by the
103 Includes additional penalty of habitual delinquency in
determining whether or not subsidiary penalty to be
convict who has no property with which to meet the
imposed, provided that the imprisonment does not exceed 6
fine, at the rate of one day for each eight pesos years.
(P8.00), subject to the rules provided for in Art. 39. 104 Includes additional penalty of habitual delinquency in
determining whether or not subsidiary penalty to be
imposed, provided that the imprisonment does not exceed 6
years.

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RULES AS TO SUBSIDIARY LIABILITY IN SPECIAL General rule: The penalty prescribed by law in
LAWS (ACT. 1732 OF PHILIPPINE COMMISSION) general terms shall be imposed upon the principals for
a consummated felony.
Penalty imposed Subsidiary penalty
Fine only Subsidiary liability shall not exceed 6 Exception: When the penalty to be imposed upon the
months, at the rate of one day of principal in a frustrated or attempted felony is fixed
imprisonment for every P2.50. by law.
Fine and The subsidiary penalty shall not exceed
imprisonment 1/3 of the term of imprisonment, and
in no case shall it exceed 1 year.
Violation of any The rate is one day for every P1.00, Graduation of penalties:
municipal until the fine is satisfied, provided, 1. By degrees – refers to:
ordinance or that the total subsidiary imprisonment a. Stages of execution (consummated,
ordinance of the does not exceed 6 months, if the frustrated, or attempted); and
City of Manila penalty imposed is fine alone, and not b. Degree of the criminal participation of the
more than 1/3 of the principal penalty, offender (whether as principal, accomplice or
if it is imposed together with accessory).
imprisonment.
2. By periods
Refers to the proper period of the penalty which
should be imposed when aggravating or mitigating
No subsidiary penalty shall be imposed where:
circumstances attend the commission of the
1. The penalty imposed is higher than prision
crime.
correccional or 6 years;

• Additional penalty for habitual delinquency


Art. 61, RPC.
should be included in determining whether or Rules of graduating penalties. – For the purpose of
not subsidiary penalty should be imposed. graduating the penalties which, according to the provisions
of Articles 50 to 57, inclusive, of this Code, are to be
2. For nonpayment of reparation or indemnification; imposed upon persons guilty as principals of any frustrated or
attempted felony, or as accomplices or accessories, the
3. For nonpayment of cost; following rules shall be observed:

1. When the penalty prescribed for the felony is single and


4. Where the penalty imposed is a fine and another
indivisible, the penalty next lower in degree shall be
penalty without fixed duration, like censure; and that immediately following that indivisible penalty in
the respective graduated scale prescribed in Article 71
5. The subsidiary penalty, through properly of this Code.
imposable is not expressly stated in the
judgment. 2. When the penalty prescribed for the crime is composed
of two indivisible penalties, or of one or more divisible
Note: The rules on subsidiary penalty in Art. 39 are penalties to be imposed to their full extent, the penalty
next lower in degree shall be that immediately following
applicable to crimes punishable by special laws by
the lesser of the penalties prescribed in the respective
force of Article 10 of this Code. graduated scale.

3. When the penalty prescribed for the crime is composed


of one or two indivisible penalties and the maximum
5. GRADUATION OF PENALTIES period of another divisible penalty, the penalty next
lower in degree shall be composed of the medium and
minimum periods of the proper divisible penalty and the
RULES FOR APPLICATION OF PENALTIES TO THE maximum period of that immediately following in said
PERSONS CRIMINALLY LIABLE AND FOR THE respective graduated scale.
GRADUATION OF THE SAME
4. When the penalty prescribed for the crime is composed
Art. 46, RPC. of several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be
Penalty to be imposed upon principals in general. – The
composed of the period immediately following the
penalty prescribed by law for the commission of a felony
minimum prescribed and of the two next following,
shall be imposed upon the principals in the commission of
which shall be taken from the penalty prescribed, if
such felony.
possible; otherwise, from the penalty immediately
following in the above-mentioned respective graduated
Whenever the law prescribes a penalty for a felony in general
scale.
terms, it shall be understood as applicable to the
consummated felony.
5. When the law prescribes a penalty for a crime in some
manner not specially provided for in the four preceding
rules, the courts, proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals

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CRIMINAL LAW 1 78 CRIMINAL LAW

of the frustrated felony, or of attempt to commit the


same, and upon accomplices and accessories. Period, defined
One of the three equal portions, called minimum,
medium and maximum, of a divisible penalty.
According to Articles 50-57, the penalty prescribed by
law for the felony shall be lowered by one or two
degrees, as follows: Exceptions to the rules established in Articles 50-57
(Article 60):
1. For the principal in frustrated felony Articles 50 to 57 shall NOT apply to cases where the
One degree lower; law expressly prescribes the penalty for a frustrated
or attempted felony, or to be imposed upon
2. For the principal in attempted felony accomplices or accessories. [Art. 60]
Two degrees lower;

3. For the accomplice in consummated felony General Rule: An accomplice is punished by a penalty
One degree lower; one degree lower than the penalty imposed upon the
principal.
4. For the accessory in consummated felony
Exceptions: The following accomplices are punished
Two degrees lower;
with the same penalty imposed upon the principal:

1. The ascendants, guardians, curators, teachers,


Diagram of the application of Arts. 50-57:
and any person who by abuse of authority or
confidential relationship, shall cooperate as
Consummated Frustrated Attempted accomplices in the crime of rape, acts of
lasciviousness, seduction, corruptions of minors,
Principal 0 1 2
white slave trade or abduction [Art. 346]; and
Accomplice 1 2 3
2. One who furnished the place for the perpetration
Accessory 2 3 4 of the crime of slight illegal detention. [Art. 268]

• When the penalty prescribed is two


In this diagram, “0” represents the penalty prescribed
indivisible penalties or one or more divisible
by law in defining a crime, which is to be imposed on
penalties in their maximum period – the
the principal in a consummated offense, in
penalty next lower in degree of the lesser
accordance with the provisions of Art. 46. The other
penalty shall be the penalty immediately
figures represent the degrees to which the penalty
following the lesser of the penalties in the
must be lowered, to meet the different situations
graduated scale in Article 71;
anticipated by law.
• When the penalty prescribed is composed of
Bases for the determination of the extent of penalty two indivisible penalties and one divisible
to be imposed under the RPC: penalty in its maximum period – the penalty
next lower in degree shall be composed of
the medium and minimum of the proper
1. Stage reached by the crime in its development
divisible penalty and the maximum of the
(attempted, frustrated or consummated).
penalty immediately following in the
2. Participations therein of the persons liable. graduated scale;
3. Aggravating or mitigating circumstances which
• When penalty prescribed is single and
attended the commission of the crime.
indivisible – the penalty next lower in degree
shall be that immediately following the
indivisible penalty in the scale;
Degree, defined
One unit of the penalties enumerated in the • If the penalty prescribed by the code consists
graduated scales provided for in Art. 71. in three periods, corresponding to different
divisible penalties, the penalty next lower in
degrees is the penalty consisting in the three
• When there is mitigating or aggravating
periods down in the scale;
circumstance, the penalty is lowered or increased
by period only;

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CRIMINAL LAW 1 79 CRIMINAL LAW

• If the penalty prescribed by the Code consists 6. ACCESSORY PENALTIES


of two periods, the penalty next lower in
degree is the penalty consisting in the three
Penalties in which other accessory penalties are
periods down in the scale;
inherent
• If the penalty prescribed by the code consists
Art. 40, RPC.
of only one period, the penalty next lower in Death – Its accessory penalties. – The death penalty, when it
degree is the next period down in the scale. is not executed by reason of commutation or pardon shall
carry with it that of perpetual absolute disqualification and
• Mitigating and aggravating circumstances are that of civil interdiction during thirty years following the
disregarded in the application of the rules for date of sentence, unless such accessory penalties have been
expressly remitted in the pardon.
graduating penalties.

Art. 41, RPC.


Art. 71, RPC. Reclusion perpetua and reclusion temporal – Their accessory
Graduated scales. – In the cases in which the law prescribes a penalties. – The penalties of reclusion perpetua and
penalty lower or higher by one or more degrees than another reclusion temporal shall carry with them that of civil
given penalty, the rules prescribed in Article 61 shall be interdiction for life or during the period of the sentence as
observed in graduating such penalty. the case may be, and that of perpetual absolute
disqualification which the offender shall suffer even though
The lower or higher penalty shall be taken from the pardoned as to the principal penalty, unless the same shall
graduated scale in which is comprised the given penalty. have been expressly remitted in the pardon.

The courts, in applying such lower or higher penalty, shall


observe the following graduated scales:
Art. 42, RPC.
Prision mayor – Its accessory penalties. – The penalty of
SCALE NO. 1
prision mayor, shall carry with it that of temporary absolute
1. Death,
disqualification and that of perpetual special disqualification
2. Reclusion perpetua,
from the right of suffrage which the offender shall suffer
3. Reclusion temporal,
although pardoned as to the principal penalty, unless the
4. Prision mayor,
same shall have been expressly remitted in the pardon.
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor, Art. 43, RPC.
9. Public censure, Prision correccional – Its accessory penalties. – The penalty
10. Fine. of prision correccional shall carry with it that of suspension
from public office, from the right to follow a profession or
SCALE NO. 2 calling, and that of perpetual special disqualification from
1. Perpetual absolute disqualification, the right of suffrage, if the duration of said imprisonment
2. Temporary absolute disqualification, shall exceed eighteen months. The offender shall suffer the
3. Suspension from public office, the right to vote and be disqualification provided in the article although pardoned
voted for, the right to follow a profession or calling, as to the principal penalty, unless the same shall have been
4. Public censure, expressly remitted in the pardon.
5. Fine.

Apply this article in determining the proper degree Art. 44, RPC.
where the law prescribes a penalty lower or higher by Arresto – Its accessory penalties. – The penalty of arresto
shall carry with it that of suspension of the right to hold
two or more degrees than another given penalty.
office and the right of suffrage during the term of the
sentence.

Scale No. 1 Scale No. 2


1. Death 1. Perpetual absolute
2. Reclusion perpetua disqualification
OUTLINE OF ACCESSORY PENALTIES INHERENT IN
3. Reclusion temporal 2. Temporary absolute
disqualification PRINCIPAL PENALTIES
4. Prision mayor 1. Death, when not executed by reason of
3. Suspension from
5. Prision correccional public office, the commutation or pardon
6. Arresto mayor right to vote and be a. Perpetual absolute disqualification; and
7. Destierro voted for, and the
8. Arresto menor right to follow a b. Civil interdiction during 30 years, if not
9. Public censure profession or calling expressly remitted in the pardon.
10. Fine 4. Public censure
5. Fine
2. Reclusion perpetua and reclusion temporal

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a. Civil interdiction for life or during the Outline of the provisions of this article:
sentence; and 1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and the
b. Perpetual absolute disqualification, unless instruments or tools used in the commission of the
expressly remitted in the pardon of the crime. (There can be no forfeiture when there is
principal penalty. no criminal case filed.)

3. Prision mayor 2. The proceeds and instruments or tools of the


a. Temporary absolute disqualification; and crime are confiscated and forfeited in favor of
the Government.
b. Perpetual special disqualification from
suffrage, unless expressly remitted in the 3. Property of a third person not liable for the
pardon of the principal penalty. offense is not subject to confiscation and
forfeiture.
4. Prision correccional
a. Suspension from public office, profession or 4. Property not subject of lawful commerce,
calling; and whether it belongs to the accused or to third
person, shall be destroyed.
b. Perpetual special disqualification from
suffrage, if the duration of imprisonment
exceeds 18 months, unless expressly remitted • The confiscation and forfeiture of the proceeds
in the pardon of the principal penalty. and instruments of a crime is an accessory penalty
and an additional penalty, the imposition of which
There is a perpetual special disqualification to an appealed case constitutes double jeopardy,
from suffrage, only when the duration of the if the prosecution appealed the case.105
imprisonment exceeds 18 months.
• However, when the accused has appealed the
5. Arresto case, confiscation and forfeiture not ordered by
Suspension of the right to hold office and the the trial court may be imposed by the appellate
right of suffrage during the term of the sentence. court.

Note: The code does NOT provide for any accessory • Articles which are forfeited, when the order or
penalty for destierro. forfeiture is already final, cannot be returned
even in case of an acquittal.

Bar 1994, 2001 • This only applies to criminal cases.


Reclusion Perpetua Life Imprisonment
Has a specific duration of 20 Has no definite term.
years and 1 day to 40 years.
Imposable on felonies Imposable on crimes
The provisions of Article 45 CANNOT apply to:
punished by the RPC. punishable by special laws. 1. The instruments belonging to innocent third
Carries with it accessory Does not carry with it parties;
penalties. accessory penalties.
2. Such properties which have not been placed
under the jurisdiction of the court because they
Art. 45, RPC. must be presented in evidence and identified in
Confiscation and forfeiture of the proceeds or instruments judgment; and
of the crime. – Every penalty imposed for the commission of
a felony shall carry with it the forfeiture of the proceeds of 3. The provisions of Article 45 also cannot apply
the crime and the instruments or tools with which it was when its application is legally or physically
committed.
impossible.
Such proceeds and instruments or tools shall be confiscated
and forfeited in favor of the Government, unless they be • This accessory penalty presupposes a judgment of
property of a third person not liable for the offense, but conviction. However, even if the accused is
those articles which are not subject of lawful commerce shall acquitted on reasonable doubt, but the
be destroyed. instruments or proceeds are not the subject of
lawful commerce, the judgment of acquittal shall
order their forfeiture for appropriate disposition.

105 People v Sanchez

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CRIMINAL LAW 1 81 CRIMINAL LAW

7. COMPUTATION OF PENALTIES Civil liability is satisfied by following the chronological


order of the dates of the final judgment.
Art. 28, RPC.
Computation of penalties. – If the offender shall be in prison,
Art. 73, RPC.
the term of the duration of the temporary penalties shall be
Presumption in regard to the imposition of accessory
computed from the day on which the judgment of conviction
penalties. – Whenever the courts shall impose a penalty
shall have become final.
which, by provision of law, carries with it other penalties,
according to the provisions of Articles 40, 41, 42, 43, 44, and
If the offender be not in prison, the term of the duration of
the penalty consisting of deprivation of liberty shall be 45 of this Code, it must be understood that the accessory
computed from the day that the offender is placed at the penalties are also imposed upon the convict.
disposal of the judicial authorities for the enforcement of the
penalty. The duration of the other penalties shall be
computed only from the day on which the defendant • Accessory penalties are also deemed imposed
commences to serve his sentence. upon the convict.

Art. 74, RPC.


Rules: (to be done by Director of Prisons or warden) Penalty higher than reclusion perpetua in certain cases. – In
1. When the offender is in prison – the duration of cases in which the law prescribes a penalty higher than
temporary penalties starts from the day the another given penalty, without specifically designating the
judgment of conviction becomes final. name of the former, if such higher penalty should be that of
death, the same penalty and the accessory penalties of
Applies in cases of temporary penalties and the Article 40, shall be considered as the next higher penalty.
offender is under detention (under preventive
imprisonment) • The penalty higher than reclusion perpetua, when
death is not provided by law shall be the same
2. When the offender is not in prison – the duration penalty and the accessory penalties of Article 40
of penalties consisting in deprivation of liberty,
starts from the day that the offender is placed at
• The penalty of death must be specifically imposed
the disposal of judicial authorities for the
by law as a penalty for a given crime.
enforcement of the penalty.
Applies in cases of penalties consisting in
deprivation of liberty and the offender is not in Art. 75, RPC.
prison. Increasing or reducing the penalty of fine by one or more
degrees. – Whenever it may be necessary to increase or
3. The duration of other penalties – the duration reduce the penalty of fine by one or more degrees, it shall be
starts from the day on which the offender increased or reduced, respectively, for each degree, by one-
commences to serve his sentence. Applies in cases fourth of the maximum amount prescribed by law, without
of: however, changing the minimum.

a. Penalties consisting in deprivation of liberty The same rules shall be observed with regard to fines that do
and the offender are undergoing preventive not consist of a fixed amount, but are made proportional.
imprisonment; but the offender is entitled to
a deduction of the entirety of the time spent
in detention (should the detention prisoner • When necessary, the penalty of fine shall be
agree, in writing and with counsel, to abide increased or reduced for each degree, by ¼ of the
by the same disciplinary rules imposed upon maximum amount prescribed by law, without
convicted prisoners) or 4/5ths of the time of however, changing the minimum.
his detention (should the detention prisoner
not agree to the same, also in writing and • Fines are graduated into degrees for the
with counsel). accomplices and accessories and for the principals
in frustrated and attempted felonies.
b. Temporary penalties and the offender is not
under detention because the offender is
released on bail. Distinction between fine with a minimum and fine
without a minimum:
Art. 72, RPC.
Preference in the payment of the civil liabilities. – The civil 1. In both, the law fixes the maximum of the fine.
liabilities of a person found guilty of two or more offenses
shall be satisfied by following the chronological order of the 2. When the law fixes the minimum of the fine, the
dates of the judgments rendered against him, beginning with court cannot change the minimum; whereas,
the first in order of time. when the law does not state the minimum of the

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CRIMINAL LAW 1 82 CRIMINAL LAW

fine but only the maximum, the court can impose 8. EXECUTION AND SERVICE OF
any amount not exceeding such maximum. PENALTIES
3. When the law fixes both the minimum and the
maximum, the court can impose an amount higher ARTICLE 68 IN RELATION TO RA 9344 OR
than the maximum; whereas, when only the THE JUVENILE AND JUSTICE WELFARE
maximum is fixed, it cannot impose an amount ACT
higher than the maximum.

Art. 76, RPC. Art. 68, RPC.


Legal period of duration of divisible penalties. – The legal Penalty to be imposed upon a person under eighteen years of
period of duration of divisible penalties shall be considered age. – When the offender is a minor under eighteen years and
as divided into three parts, forming three periods, the his case is one coming under the provisions of the paragraph
minimum, the medium, and the maximum in the manner next to the last of Article 80 of this Code, the following rules
shown in the following table. shall be observed:

1. Upon a person under fifteen but over nine years of age,


who is not exempted from liability by reason of the
• The legal period of duration of penalties shall be court having declared that he acted with discernment, a
considered as divided into three parts, forming discretionary penalty shall be imposed, but always lower
three periods, the minimum, the medium, and by two degrees at least than that prescribed by law for
the maximum. the crime which he committed.

2. Upon a person over fifteen and under eighteen years of


Art. 77, RPC. age the penalty next lower than that prescribed by law
When the penalty is a complex one composed of three shall be imposed, but always in the proper period.
distinct penalties. – 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 minimum the Application of Article 68:
next the medium, and the most severe the maximum period. 1. This article is NOT immediately applicable to a
minor under 18 years of age, because when such
Whenever the penalty prescribed does not have one of the minor is found guilty of the offense charged, the
forms specially provided for in this Code, the periods shall be
court shall determine the penalty in the judgment
distributed, applying by analogy the prescribed rules.
of conviction but shall suspend the promulgation
(not the execution) and orders commitment to a
Complex Penalty, defined reformatory institution, if the court there for
A penalty prescribed by law composed of three approves his application.
distinct penalties, each forming a period; the lightest
of them shall be the minimum, the next the medium, 2. Upon the recommendation of the social worker
and the most severe, the maximum period. who has custody of the child, the court shall
dismiss the case against the child and shall order
the final discharge of the child if it finds that the
Art. 38, RPC. objective of the disposition measure have been
Pecuniary liabilities. – In case the property of the offender fulfilled.
should not be sufficient for the payment of all his pecuniary
liabilities, the same shall be met in the following order: 3. This article has been repealed or amended in the
1. The reparation of the damage caused. sense that accused in par. 1 thereof is completely
2. Indemnification of consequential damages. absolved from criminal liability under R.A. 9344,
3. The fine. hence there is no basis for considering any
4. The cost of the proceedings.
privileged mitigating circumstance in his favor.

4. That circumstance may, however be involved in


Pecuniary liabilities in the following order:
its par. 2 where the accused is over 15 and below
1. Civil
18 years of age but he acted with discernment,
a. The reparation of the damage caused.
and he is returned to the other correlative
b. Indemnification of the consequential
proceeding, if any have not achieved their
damages.
purposes and, in effect the accused has been
found to be incorrigible. [Regalado]
2. Pecuniary
a. Fine
5. If the court finds that the objective the
b. Costs of proceedings.
disposition measures imposed upon the child in
conflict with the law have not been fulfilled, or if
the child in conflict with the law has willfully
failed to comply with the conditions of his/her

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CRIMINAL LAW 1 83 CRIMINAL LAW

disposition or rehabilitation program, the child in An APPLICATION for probation shall be filed by the
conflict with the law shall be brought before the defendant with the trial court within the period for
court for promulgation (not execution) of perfecting an appeal.
judgment.
• NO application for probation shall be entertained
6. If said child in conflict with the law has reached or granted if the defendant has PERFECTED AN
eighteen (18) years of age while under suspended APPEAL from the judgment of conviction.
sentence, the court shall determine whether to
discharge the child, to order execution of
sentence, or to be extend the suspended Effects of Filing and Grant/Denial of Application:
sentence for a certain specified period or until 1. Filing of application for probation operates as a
the child reaches the maximum age of twenty-one waiver of the right to appeal.
(21) years. [R.A. 9344]
2. The order granting or denying probation shall not
be appealable.
PROBATION LAW OF 1976: P.D. 968, AS 3. Accessory penalties are deemed suspended once
AMENDED probation is granted and are fully restored upon
final discharge of probationer.
Probation, defined 4. Final discharge of probationer totally extinguishes
Disposition under which a defendant, after conviction criminal liability for the offense subject of the
and sentence, is released subject to conditions probation [RA 10707, a July 27, 2015 amendment
imposed by the court and to the supervision of a to this law]
probation officer.
5. Civil liability is not affected by the suspension of
the sentence imposed on the accused that is
granted probation; court must hear the civil
Concept
aspects.
Probation is NOT an absolute right. It is a mere
privilege which rests upon the discretion of the trial • The court may, after it shall have convicted and
court. Its grant is subject to certain terms and sentenced a child in conflict with the law, and
conditions that may be imposed by the trial court. upon application at any time, place the child on
Having the power to grant the probation, it follows probation in lieu of his/her sentence, taking into
that the trial court also has the power to order its account the best interest of the child. For this
revocation in a proper case and under proper purpose, Section 4 of presidential Decree No.
circumstances. 968, otherwise, known as the “Probation Law of
1976” is hereby amended accordingly. [Sec. 42,
THREE – FOLD PURPOSE R.A. 9344, Juvenile Delinquency Law]
1. To promote the correction and rehabilitation of
an offender by providing him with individualized
treatment; Post-sentence Investigation
2. To provide an opportunity for the reformation of The convict is not immediately placed on probation.
a penitent offender which might be less probable There shall be a prior investigation by the probation
if he were to serve a prison sentence; and officer and a determination by the court. He may,
however, be released under his bail filed in the
3. To prevent the commission of offenses. criminal case or on recognizance.

CRITERIA FOR PLACING AN OFFENDER ON


Application
PROBATION
This shall apply to all offenders except those entitled
The court shall consider:
to benefits under PD 603 and similar laws.
1. All information relative to the character,
antecedents, environment, mental, and physical
• May be granted even if the sentence is a fine condition of the offender;
only, but with subsidiary imprisonment in case
of insolvency. 2. Available institutional and community resources.

Where and When to file the Application:


Probation shall be denied if the Court finds that:

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CRIMINAL LAW 1 84 CRIMINAL LAW

1. The offender is in need for correctional treatment 2. Discretionary or special – additional conditions
that can be provided effectively by his listed, which the court may additionally impose
commitment to an institution; on the probationer towards his correction and
rehabilitation outside prison. HOWEVER, the
2. There is undue risk of committing another crime;
enumeration is not exclusive. Probation statutes
3. Probation will depreciate the seriousness of the are liberal in character and enable the courts to
offense committed. designate practically any term it chooses, as long
as the probationer’s constitutional rights are not
jeopardized. Also, they must not be unduly
restrictive of probationer, and not incompatible
DISQUALIFIED OFFENDERS with the freedom of conscience of probationer.
The benefits of the Decree shall NOT be extended to
those:
1. Sentenced to serve a maximum term of BAR 2004
imprisonment of more the 6 years; Period of Probation
For how long may a convict be placed on probation?
2. Convicted of any crime against the national 1. If the convict is sentenced to a term of imprisonment of
security; NOT more than one year, the period of probation shall
not exceed 2 years.
3. Who have previously been convicted by final
2. In all other cases, if he is sentenced to more than one
judgment of an offense punished by imprisonment year, said period shall not exceed 6 years.
of more than six months and one day and/or a
fine not less than P1,000.00; 3. When the sentence imposes a fine only and the
offender is made to serve subsidiary imprisonment. The
4. Once placed on probation; period of probation shall be twice the total of the
number of days of subsidiary imprisonment.
5. Who appealed;

6. Convicted of drug trafficking or drug pushing;


Pardon Probation
7. Convicted of election offenses under the Omnibus Includes any crime and is Exercised individually by the
Election Code. exercised individually by trial court.
the President.
Note: #5 does not apply to minor offenders. A child in Exercised when the person Must be exercised within the
conflict with law can apply probation ANYTIME. is already convicted. period for perfecting an
appeal.
HOWEVER, if through an appeal or review, a non- Merely looks forward It promotes the correction
probationable penalty is modified to a probationable (prospective) and relieves and rehabilitation of an
penalty, the defendant shall be allowed to apply for the offender from the offender by providing him
probation based on the modified decision before it consequences of an offense with individualized treatment;
becomes final, provided he does not seek an appeal of which he has been provides an opportunity for
for the same. Such application shall be made in the convicted; it does not work the reformation of a penitent
trial court imposing the non-probationable penalty. for the restoration of public offender which might be less
office, or the right of probable if he were to serve a
[RA 10707, a July 27, 2015 amendment to this law]
suffrage, unless such rights prison sentence; and prevent
are expressly restored by the commission of offenses.
means of pardon.
CONDITIONS OF PROBATION
Does not alter the fact that Does not alter the fact that
the accused is a recidivist as the accused is a recidivist as
Two kinds of conditions imposed:
it produces only the it provides only for an
1. Mandatory or general – once violated, the extinction of the personal opportunity of reformation to
probation is cancelled. They are: effects of the penalty. the penitent offender.
a. Probationer: Presents himself to the probation Does not extinguish the civil Does not extinguish the civil
officer designated to undertake his liability of offender. liability of the offender.
supervision, at such place as may be
specified in the order, within 72 hours from Being a private act by the Being a grant by the trial
President, it must be court; it follows that the trial
receipt of order; pleaded and proved by the court also has the power to
b. He reports to the probation officer at least person pardoned order its revocation in a
proper circumstances.
once a month.

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CRIMINAL LAW 1 85 CRIMINAL LAW

SECTION 1: GENERAL PROVISIONS

Art. 78, RPC.


When and how penalty is to be executed. – No penalty shall
be executed except by virtue of a final judgment.

A penalty shall not be executed in any other form than that


prescribed by law, nor with any other circumstances or
incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special


regulations prescribed for the government of the institutions
in which the penalties are to be suffered shall be observed
with regard to the character of the work to be performed,
the time of its performance, and other incidents connected
therewith, the relations of the convicts among themselves
and other persons, the relief which they may receive, and
their diet.

The regulations shall make provision for the separation of the


sexes in different institutions, or at least into different
departments, and also for the correction and reform of the
convicts.

• Only penalties by final judgment can be


executed.

• It shall be executed in accordance to the form


prescribed by law and with any circumstances or
incidents expressly authorized thereby.

Art. 79, RPC.


Suspension of the execution and service of the penalties in
case of insanity. – When a convict shall become insane or an
imbecile after final sentence has been pronounced, the
execution of said sentence shall be suspended only with
regard to the personal penalty, the provisions of the second
paragraph of circumstance number 1 of Article 12 being
observed in the corresponding cases.

If at any time the convict shall recover his reason, his


sentence shall be executed, unless the penalty shall have
prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be


observed if the insanity or imbecility occurs while the convict
is serving his sentence.

Guidelines:
1. When a convict becomes insane or imbecile after
the final sentence has been pronounced, the
execution of such sentence is suspended only as
regards the personal penalty.

2. In the event that the offender has recovered


reason, his sentence shall be executed unless the
penalty has prescribed.

3. The above provisions shall be observed even if the


convict only becomes insane or imbecile while
serving his sentence.

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CRIMINAL LAW 1 86 CRIMINAL LAW

4. The obligation to pay his civil liability or he should be found incorrigible or his continued stay in such
pecuniary liabilities shall not be suspended. institution should be inadvisable, he shall be returned to the
court in order that the same may render the judgment
corresponding to the crime committed by him.

The expenses for the maintenance of a minor delinquent


Art. 80, RPC. confined in the institution to which he has been committed,
shall be borne totally or partially by his parents or relatives
Suspension of sentence of minor delinquents. – Whenever a
or those persons liable to support him, if they are able to do
minor of either sex, under sixteen years of age at the date of
so, in the discretion of the court; Provided, That in case his
the commission of a grave or less grave felony, is accused
parents or relatives or those persons liable to support him
thereof, the court, after hearing the evidence in the proper
have not been ordered to pay said expenses or are found
proceedings, instead of pronouncing judgment of conviction,
indigent and cannot pay said expenses, the municipality in
shall suspend all further proceedings and shall commit such
which the offense was committed shall pay one-third of said
minor to the custody or care of a public or private,
expenses; the province to which the municipality belongs
benevolent or charitable institution, established under the
shall pay one-third; and the remaining one-third shall be
law for the care, correction or education of orphaned,
borne by the National Government: Provided, however, That
homeless, defective, and delinquent children, or to the
whenever the Secretary of Finance certifies that a
custody or care of any other responsible person in any other
municipality is not able to pay its share in the expenses
place subject to visitation and supervision by the Director of
above mentioned, such share which is not paid by said
Public Welfare or any of his agents or representatives, if
municipality shall be borne by the National Government.
there be any, or otherwise by the superintendent of public
Chartered cities shall pay two-thirds of said expenses; and in
schools or his representatives, subject to such conditions as
case a chartered city cannot pay said expenses, the internal
are prescribed hereinbelow until such minor shall have
revenue allotments which may be due to said city shall be
reached his majority age or for such less period as the court
withheld and applied in settlement of said indebtedness in
may deem proper. (As amended by R.A. No. 47)
accordance with section five hundred and eighty-eight of the
Administrative Code. (As amended by Com. Act. No. 99 and
The court, in committing said minor as provided above, shall
Re. Act No. 47)
take into consideration the religion of such minor, his
parents or next of kin, in order to avoid his commitment to
any private institution not under the control and supervision
of the religious sect or denomination to which they belong. The provisions of Article 80 of the Revised Penal Code
have been repealed by P.D. 603 (The Child and Youth
The Director of Public Welfare or his duly authorized Welfare Code) and by the provisions of R.A. 9344 or
representatives or agents, the superintendent of public the Juvenile Justice & Welfare Code.
schools or his representatives, or the person to whose
custody or care the minor has been committed, shall submit
to the court every four months and as often as required in
special cases, a written report on the good or bad conduct of
Youthful Offender, defined
said minor and the moral and intellectual progress made by A child, 15 years of age or below is exempt from
him. criminal liability. If the child is over 15 but less than
18 years of age, he is likewise exempt from criminal
The suspension of the proceedings against a minor may be liability unless the child acted with discernment.
extended or shortened by the court on the recommendation
of the Director of Public Welfare or his authorized
representative or agents, or the superintendent of public Guidelines:
schools or his representatives, according as to whether the
conduct of such minor has been good or not and whether he 1. If the court finds that the youthful offender
has complied with the conditions imposed upon him, or not. committed the crime charged against him, it shall
The provisions of the first paragraph of this article shall not, determine the imposable penalty and the civil
however, be affected by those contained herein. liability chargeable against him.

If the minor has been committed to the custody or care of 2. The court may not pronounce judgment of
any of the institutions mentioned in the first paragraph of conviction but instead, suspend106 all further
this article, with the approval of the Director of Public proceedings.
Welfare and subject to such conditions as this official in
accordance with law may deem proper to impose, such minor
may be allowed to stay elsewhere under the care of a 3. The youthful offender shall be returned to the
responsible person. committing court for the pronouncement of
judgment, when the youthful offender: (1) has
If the minor has behaved properly and has complied with the been found incorrigible, or (2) has wilfully failed
conditions imposed upon him during his confinement, in to comply with the conditions of his rehabilitation
accordance with the provisions of this article, he shall be programs; or (3) when his continued stay in the
returned to the court in order that the same may order his training institution would be inadvisable.
final release.

In case the minor fails to behave properly or to comply with 106Suspension of sentence shall not apply to the following:
the regulations of the institution to which he has been (1) youthful offenders who once enjoyed the suspension of
committed or with the conditions imposed upon him when he sentence under its provisions; and (2) one who is convicted of
was committed to the care of a responsible person, or in case an offense punishable by death or life imprisonment.

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4. When the youthful offender has reached the age the expiration of at least eight hours following the
of eighteen (18) while in commitment, the court notification, but before sunset. During the interval between
shall determine whether: the notification and the execution, the culprit shall, in so far
as possible, be furnished such assistance as he may request in
order to be attended in his last moments by priests or
a. To dismiss the case, if the youthful offender
ministers of the religion he professes and to consult lawyers,
has behaved properly and has shown his as well as in order to make a will and confer with members
capability to be a useful member of the of his family or persons in charge of the management of his
community; or business, of the administration of his property, or of the care
of his descendants.
b. To pronounce the judgment of conviction if
the abovementioned conditions were not
met.
Art. 83, RPC.
5. Considering the latter case, the convicted Suspension of the execution of the death sentence. – The
offender may apply for probation and the death sentence shall not be inflicted upon a woman while
youthful offender shall be credited in the service she is pregnant or within one (1) year after delivery, nor
upon any person over seventy years of age. In this last case,
of his sentence with the full time spent in actual
the death sentence shall be commuted to the penalty of
commitment and detention. reclusion perpetua with the accessory penalties provided in
Article 40.
6. The final release of a youthful offender, based on
good conduct as provided in Art. 196 shall not In all cases where the death sentence has become final, the
obliterate his civil liability for damages. records of the case shall be forwarded immediately by the
Supreme Court to the Office of the President for possible
exercise of the pardoning power. (As amended by R.A. no.
7659)
SECTION 2: EXECUTION OF PRINCIPAL PENALTIES

Art. 81, RPC.


When and how the death penalty is to be executed. – The Art. 84, RPC.
death sentence shall be executed with preference to any Place of execution and persons who may witness the same. –
other penalty and shall consist in putting the person under The execution shall take place in the penitentiary or Bilibid
sentence to death by lethal injection. The death sentence in a space closed to the public view and shall be witnessed
shall be executed under the authority of the Director of the only by the priests assisting the offender and by his lawyers
Bureau of Corrections, endeavoring so far as possible to and by his relatives, not exceeding six, if he so requests, by
mitigate the sufferings of the person under sentence during the physician and the necessary personnel of the penal
the lethal injection as well as during the proceedings prior to establishment, and by such persons as the Director of Prisons
the execution. may authorize.

The Director of the Bureau of Corrections shall take steps to


ensure that the lethal injection to be administered is
sufficient to cause the instantaneous death of the convict. Art. 85, RPC.
Provisions relative to the corpse of the person executed
Pursuant to this, all personnel involved in the administration and its burial. – Unless claimed by his family, the corpse of
of lethal injection shall be trained prior to the performance the culprit shall, upon the completion of the legal
of such task. proceedings subsequent to the execution, be turned over to
the institute of learning or scientific research first applying
The authorized physician of the Bureau of Corrections, after for it, for the purpose of study and investigation, provided
thorough examination, shall officially make a pronouncement that such institute shall take charge of the decent burial of
of the convict’s death and shall certify thereto in the records the remains. Otherwise, the Director of Prisons shall order
of the Bureau of Corrections. the burial of the body of the culprit at government
expense, granting permission to be present thereat to the
The death sentence shall be carried out not earlier than one members of the family of the culprit and the friends of the
(1) year nor later than eighteen (18) months after the latter. In no case shall the burial of the body of a person
judgment has become final and executor without prejudice sentenced to death be held with pomp.
to the exercise by the President of his executive clemency
powers at all times. (As amended by R.A. No. 7659 and R.A.
No. 8177) • This refers to the execution of the Death Penalty.

• In view of the enactment of R.A. No. 9346, the


death penalty may NOT be imposed. Thus,
Art. 82, RPC.
Articles 81 to 85 of the Revised Penal Code have
Notification and execution of the sentence and assistance to
the culprit. – The court shall designate a working day for the
no application.
execution but not the hour thereof; and such designation
shall not be communicated to the offender before sunrise of Art. 86, RPC.
said day, and the execution shall not take place until after Reclusion perpetua, reclusion temporal, prision mayor,

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prision correccional and arresto mayor. – The penalties of Guidelines:


reclusion perpetua, reclusion temporal, prision mayor,
prision correccional and arresto mayor, shall be executed Arresto menor shall only be served in the following
and served in the places and penal establishments provided venues:
by the Administrative Code in force or which may be
provided by law in the future.
1. Municipal jail; or
2. House of the defendant under the surveillance of
• This pertains to the execution and service of an officer of law only when the court so provides
other penalties (reclusion perpetua, reclusion in its decision.108
temporal, prision mayor, prision correccional and
arresto mayor)
EXTINCTION OF CRIMINAL LIABILITY

Art. 87, RPC. CHAPTER ONE:


Destierro. – Any person sentenced to destierro shall not be Total Extinction Of Criminal Liability
permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall Art. 89, RPC.
be not more than 250 and not less than 25 kilometers from
the place designated. How criminal liability is totally extinguished. – Criminal
liability is totally extinguished:
Destierro, defined 1. By the death of the convict, as to the personal
This penalty is considered as a principal correctional penalties; and as to pecuniary penalties, liability
and divisible penalty. Therefore, jurisdiction over therefor is extinguished only when the death of the
crimes punishable with destierro lies with the offender occurs before final judgment.
Municipal Trial Court.107 2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty
and all its effects;
Application 4. By absolute pardon;
Only the following cases impose the penalty of
5. By prescription of the crime;
destierro:
6. By prescription of the penalty;
1. Death or serious physical injuries is caused or are 7. By the marriage of the offended woman, as provided in
inflicted under exceptional circumstances [Art. Article 344 of this Code.
247];

2. Failure to give bond for good behaviour in grave Guidelines:


and light threats [Art. 284]; 1. The following are the means of totally
extinguishing criminal liability: (DSAAPPM)
3. Penalty for the concubine in the crime of
concubinage [Art. 334]; a. Death of the convict – Personal liabilities
shall be extinguished while pecuniary liability
4. When, after reducing the penalty by one or more shall only be extinguished when the death of
degrees, destierro is the proper penalty.
the offender occurs before final judgment.

b. Service of sentence – This does not extinguish


Art. 88, RPC. civil liabilities.
Arresto menor. – The penalty of arresto menor shall be
served in the municipal jail, or in the house of the defendant c. Amnesty – The penalty imposed and all its
himself under the surveillance of an officer of the law, when effects are totally extinguished.
the court so provides in its decision, taking into consideration
the health of the offender and other reasons which may seem
satisfactory to it. d. Absolute Pardon - The penalty imposed and
all its effects are totally extinguished.

e. Prescription of the crime

f. Prescription of penalty

107Entering the prohibited area is evasion of the service of 108Grounds for house arrest: health of the offender, and
sentence. other reasons satisfactory to the court.

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g. Marriage of the offended woman with the • Pardon can only be given after final judgment;
offender – Only applicable in good faith and otherwise, there will be violation of the Doctrine
applicable only in crimes of rape, seduction of Separation of Powers.
and abduction or acts of lasciviousness.

Absolute Pardon Conditional Pardon


2. Extinction of criminal liability does not extinguish Total extinction of
civil liability. criminal liability, without
any condition. Exemption of individual from
3. Death of the offended party does not extinguish the punishment which the
the criminal liability of the accused even in Restores to the individual law inflicts for the offense
private offenses. his civil and political committed resulting in the
rights and remits the partial extinction with
4. Civil liability is extinguished only when death penalty imposed for the certain conditions.
occurs before final judgment. particular offense he/she
is convicted of.

Final judgment, defined


A judgment only becomes final if the following Pardon Amnesty
conditions have been satisfied: Includes any crime and is Considered as a “blanket” of
exercised individually by pardon to classes of persons or
a. After the lapse of the period for perfecting the President. communities who may be guilty
of a class of offenses, usually
an appeal;
political in nature.
b. When the sentence has been partly or totally Exercised only after the May be exercised before the trial
satisfied or served; conviction of the or investigation.
offender.
c. The defendant has expressly waived in Prospective Retroactive
writing his right to appeal. Does not obliterate Obliterates the last vestige of
previous records of crime.
conviction (except if it is
an absolute pardon).
Effect of death of the accused pending appeal Does not extinguish civil liability of the offender (except if it
is an absolute pardon)
General Rule: Death of the accused pending appeal of The offender must plead This a public act. Concurrence of
his conviction extinguishes the offender’s criminal and prove the Pardon the Congress would be necessary
since this is considered a prior to proclamation.
liability as well as his civil liability based solely on the Private Act of the
offense committed. President.

Exception: Death does not extinguish civil liability


arising from sources other than the crime committed Art 90. Prescription of crimes
survives, and may be pursued in a separate civil Prescription of crimes. – Crimes punishable by death,
action. Sources of civil liability other than crime are reclusion perpetua or reclusion temporal shall prescribe in
law, contracts, quasi -contracts and quasi delicts. twenty years.

Crimes punishable by other afflictive penalties shall


Amnesty, defined prescribe in fifteen years.
Amnesty is an act of the sovereign power granting
Those punishable by a correctional penalty shall prescribe in
oblivion or a general pardon for a past offense. ten years; with the exception of those punishable by arresto
mayor, which shall prescribe in five years.
• It is rarely, if ever, exercised in favor of a single
individual, and is usually extended in behalf of The crime of libel or other similar offenses shall prescribe in
certain classes of persons, whether or not they one year.
have already been convicted.
The crime of oral defamation and slander by deed shall
prescribe in six months.
Pardon, defined Light offenses prescribe in two months.
Pardon refers to an act of grace proceeding from the
power entrusted with the execution of the laws. When the penalty fixed by law is a compound one, the
highest penalty shall be made the basis of the application of
• This exempts the individual on whom it is the rules contained in the first, second and third paragraphs
bestowed from the punishment provided for by of this article. (As amended by R.A. 4661)
the law for the crime committed.
Prescription of Crimes, defined

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Pertains to the forfeiture or loss of the right of the c. After 8 years for those punished by
State to prosecute the offender after the lapse of a imprisonment for two (2) years or more, but
certain time. not less than six (6) years; and
d. After 12 years for any other offense punished
• In prescription of crimes, it is the penalty
by imprisonment for six (6) years or more,
prescribed by law that should be considered.
except the crime of treason, which shall
prescribe after twenty (20) years.
• In computing for the prescription, the first day is
to be executed and the last day included. e. Any violations penalized by municipal
ordinances shall prescribe after two (2)
months.109
PRESCRIPTIVE PERIODS OF CRIMES
1. Crimes punishable by: f. After 5 years for offenses punished under the
Internal Revenue Law.
a. Death, reclusion perpetua, and reclusion g. After 2 months for violations of the
temporal = 20 years regulations or conditions of certificate of
b. Afflictive Penalties = 15 years convenience by the Public Service
Commission
c. Correctional Penalties = 10 year except those
punishable by arresto mayor which shall 4. When the prescription is interrupted – It shall be
prescribe in 5 years. interrupted only when the proceedings are
instituted against the guilty party and shall being
2. Crime of libel = 1 year
to run again if the proceedings are dismissed for
reasons not constituting jeopardy.
3. Offenses of oral defamation and slander by deed =
6 months
a. Simple Slander = 6 months
Art. 91, RPC.
b. Grave Slander = 2 months Computation of prescription of offenses. – The period of
prescription shall commence to run from the day on which
4. Light offenses = 2 months the crime is discovered by the offended party, the
authorities, or their agents, and shall be interrupted by the
5. Crimes punishable by fines filing of the complaint or information, and shall commence
to run again when such proceedings terminate without the
a. Afflictive Fines = 15 years accused being convicted or acquitted, or are unjustifiably
stopped for any reason not imputable to him.
b. Correctional Fines = 10 years
The term of prescription shall not run when the offender is
c. Light Fines = 2 months absent from the Philippine Archipelago.

Guidelines:
1. When the last day of prescriptive period falls on a Scope:
Sunday or a holiday – the information can no 1. The period of prescription shall begin to run from
longer be filed on the next day as the crime has the day on which the crime is discovered by the
already prescribed. The period will not be offended party, the authorities or their agents.
prolonged because doubt should be resolved in
favor of the accused. Note: Discovery of crime, not discovery of
offender.
2. Compound Crimes –When the penalty is a
Note: For the case of Illegal Recruitment, the
compound one, the highest penalty is the basis of
period of prescription runs from the time the
application of the rules in Article 90.
accused is certified as an illegal recruiter.
3. Violations penalized by special laws – unless 2. It is interrupted only by the filing of the
otherwise provided by the special laws, the complaint or information corresponding to the
following rules shall govern: offense committed with the prosecutor except in
a. After 1 year for offenses punished only by a cases falling under the Rules on Summary
fine or by imprisonment for not more than Procedure (filed with the court) and when filed
one (1) month, or both;
109 Prescription of crimes will start on the day of the
b. After 4 years for those punished by commission of the violation. If the same be not known at the
imprisonment for more than one (1) month time, from the discovery thereof and the institution of
but less than two (2) years; judicial proceedings for its investigation and punishment.

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with the Punong Barangay (not exceeding 60 Prescription of the Crime Prescription of the Penalty
days). The forfeiture or loss of the The forfeiture or loss of the
right of the State to right of the government to
3. It shall commence to run again after the prosecute. execute the final sentence.
proceedings are terminated110 without the It is the penalty prescribed It is the penalty imposed
accused being convicted or acquitted, or by law that should be that should be considered.
unjustifiably stopped for any reason not considered.
imputable to the accused.
4. The term of prescription shall not run when the Art. 93, RPC.
offender is absent from the Philippine Computation of the prescription of penalties. – The period of
Archipelago. prescription of penalties shall commence to run from the
date when the culprit should evade the service of his
sentence, and it shall be interrupted if the defendant should
give himself up, be captured, should go to some foreign
Art. 92, RPC.
country with which this Government has no extradition
When and how penalties prescribe. – The penalties imposed
treaty, or should commit another crime before the expiration
by final sentence prescribe as follows:
of the period of prescription.
1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years; Scope:


1. Period of prescription commences to run from the
3. Correctional penalties, in ten years; with the exception date when the culprit evaded the service of his
of the penalty of arresto mayor, which prescribes in five sentence.
years;
2. There is an interruption in case of the following
4. Light penalties, in one year.
circumstances:
a. Culprit gives himself up;

Prescription of Penalties, defined b. Culprit gets captured;


Pertains to the loss or forfeiture of the right of the c. Culprit goes to a foreign country with which
government to execute the final sentence, after the the Philippines has no extradition treaty; or if
lapse of a certain time. This is based on the penalty there is an extradition treaty, the same does
imposed by the court. not include the crime committed by the
culprit;

Prescriptive Periods of penalties: d. Culprit commits another crime before the


1. Death and reclusion perpetua = 20 years; expiration of the period of prescription.
e. Culprit makes an acceptance of conditional
2. Other afflictive penalties = 15 years
pardon.111
3. Correctional penalties = 10 years, except for the
penalty of arresto mayor which prescribes for 5 Elements:
years; and 1. Penalty is imposed by final judgment;

4. Light penalties = 1 year. 2. The convict evaded the service of his sentence by
escaping during the term of his sentence;

Guidelines: 3. The convict who escaped from prison has not


1. Penalties must be imposed after final judgment. given himself up, or been captured, or gone to a
Appeal of the convict then fleeing to the foreign country with which the Philippines has no
mountains, the penalty imposed on the convict extradition treaty, or committed another crime;
cannot prescribe since no final judgment has been
rendered. • If the Government has an extradition treaty
but the crime committed is not included in
2. If the accused was never arrested to serve the
the treaty, this would interrupt the running
sentence, the prescriptive period cannot
of the prescriptive period.
commence to run.
4. The penalty has prescribed, because of the lapse
of time from the date of evasion of the service of
the sentence by the convict.
110Refers to a termination that is final as to amount a
jeopardy that would bar a subsequent prosecution. 111 People vs. Puntillas

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addition to numbers one to four hereof, for each month


of study, teaching or mentoring service time rendered.
CHAPTER TWO
Partial Extinction Of Criminal Liability An appeal by the accused shall not deprive him of
entitlement to the above allowances for good conduct. (As
Art. 94, RPC. amended by R.A. No. 10592, approved May 29, 2013)
Partial extinction of criminal liability. – Criminal liability is
extinguished partially:

1. By conditional pardon; Art. 98, RPC.


Special time allowance for loyalty. – A deduction of one fifth
2. By commutation of the sentence; and of the period of his sentence shall be granted to any prisoner
who, having evaded his sentence under the circumstances
3. For good conduct allowances which the culprit may earn mentioned in Article 158 of this Code, gives himself up to the
while he is serving his sentence. authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or
catastrophe referred to in said article.

Art. 95, RPC. A deduction of two-fifths of the period of his sentence shall
Obligation incurred by a person granted conditional pardon. be granted in case said prisoner chose to stay in the place of
– Any person who has been granted conditional pardon shall his confinement notwithstanding the existence of a calamity
incur the obligation of complying strictly with the conditions or catastrophe enumerated in Article 158 of this Code.
imposed therein, otherwise, his noncompliance with any of
the conditions specified shall result in the revocation of the This Article shall apply to any prisoner whether undergoing
pardon and the provisions of Article 159 shall be applied to preventive imprisonment or serving sentence. (As amended
him. by R.A. 10592, approved May 29, 2013)

Art. 96, RPC. Art. 99, RPC.


Effect of commutation of sentence. – The commutation of Who grants time allowance. – Whenever lawfully justified,
the original sentence for another of a different length and the Director of the Bureau of Corrections, the Chief of the
nature shall have the legal effect of substituting the latter in Bureau of Jail Management and Penology and/or the Warden
the place of the former. of a provincial, district, municipal or city jail shall grant
allowances for good conduct. Such allowances once granted
shall not be revoked. (As amended by R.A. 10592, approved
May 29, 2013)
Art. 97, RPC.
Allowance for good conduct. – The good conduct of any
offender qualified for credit for preventive imprisonment
pursuant to Article 29 of this Code, or of any convicted Criminal Liability is partially extinguished through the
prisoner in any penal institution, rehabilitation or detention following means:
center or any other local jail, shall entitle him to the
following deductions from the period of his sentence: 1. Conditional pardon;

1. During the first two years of his imprisonment, he shall 2. Commutation of sentence;
be allowed a deduction of five days for each month of 3. Good conduct allowances which the offender may
good behavior; earn while serving his sentence;
2. During the third to the fifth year, inclusive, of his 4. Parole;112 and
imprisonment, he shall be allowed a reduction of
5. By probation.
twenty-three days for each month of good behavior
during detention;

3. During the following years until the tenth year,


Conditional Pardon Parole
inclusive, of his imprisonment, he shall be allowed a
Given after final Given after service of the
deduction of twenty-five days for each month of good judgment minimum penalty
behavior during detention; and Granted by Chief Given by the Board of

4. During the eleventh and successive years of his 112Consists in the suspension of the sentence of a convict
imprisonment, he shall be allowed a deduction of thirty
after serving the minimum term of the indeterminate
days for each month of good behavior during detention. penalty, without granting pardon, prescribing the terms upon
which the sentence shall be suspended. In case his parole
5. At any time during the period of imprisonment, he shall conditions are not observed, a convict may be returned to
be allowed another deduction of fifteen days, in the custody and continue to serve his sentence without
deducting the time that elapsed.

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Executive
For violations, convict
Pardons and Parole
For violations, may be D. Criminal and
may be prosecuted rearrested, convict serves
under Art. 159 remaining sentence Civil liability
Person Civilly Liable For Felonies
Allowance for Good Conduct:

3. First two (2) years of imprisonment = deduction of 1. EXTINCTION OF CRIMINAL LIABILITIES


5 days for each month of good behavior.
Art. 89, RPC.
3. 3rd to 5th years of imprisonment = deduction of 23 How criminal liability is totally extinguished. – Criminal
days for each month of good behavior. liability is totally extinguished:
1. By the death of the convict, as to the personal
3. Following years until the 10th year of
penalties; and as to pecuniary penalties, liability
imprisonment = deduction of 25 days for each therefor is extinguished only when the death of the
month for good behavior. offender occurs before final judgment.
2. By service of the sentence;
3. 11th and successive years of imprisonment =
3. By amnesty, which completely extinguishes the penalty
deduction of 30 days for each month of good and all its effects;
behavior. 4. By absolute pardon;
5. By prescription of the crime;
3. In addition to numbers 1 to 4, the study,
6. By prescription of the penalty;
teaching, or mentoring service time rendered = 7. By the marriage of the offended woman, as provided in
deduction of 15 days Article 344 of this Code.

Special Time Allowance for Loyalty, defined Guidelines:


Pertains to the deduction of 1/5th of the period of the
1. The following are the means of totally
sentence of a prisoner who, having evaded the service
extinguishing criminal liability: (DSAAPPM)
of his sentence during a calamity or catastrophe, gives
himself up within 48 hours following the proclamation
by the President announcing the passing away of the a. Death of the convict – Personal liabilities
calamity or catastrophe. shall be extinguished while pecuniary liability
shall only be extinguished when the death of
The deduction will be 2/5ths if the prisoner stays in his the offender occurs before final judgment.
place of confinement. [Art. 98]
b. Service of sentence – This does not extinguish
• Time allowance is only granted exclusively by the civil liabilities.
Director of Prison and once granted, shall not be
revoked.
c. Amnesty – The penalty imposed and all its
effects are totally extinguished.

d. Absolute Pardon - The penalty imposed and


all its effects are totally extinguished.

e. Prescription of the crime

f. Prescription of penalty

g. Marriage of the offended woman with the


offender – Only applicable in good faith and
applicable only in crimes of rape, seduction
and abduction or acts of lasciviousness.

2. Extinction of criminal liability does not extinguish


civil liability.

3. Death of the offended party does not extinguish


the criminal liability of the accused even in
private offenses.

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CRIMINAL LAW 1 94 CRIMINAL LAW

4. Civil liability is extinguished only when death


occurs before final judgment. Pardon Amnesty
Includes any crime and Considered as a “blanket” of
Final judgment, defined is exercised individually pardon to classes of persons or
A judgment only becomes final if the following by the President. communities who may be guilty
of a class of offenses, which are
conditions have been satisfied:
usually political in nature.
a. After the lapse of the period for perfection an
Exercised only after the May be exercised before the trial
appeal; conviction of the or investigation.
b. When the sentence has been partly or totally offender.
satisfied or served; Prospective Retroactive
c. The defendant has expressly waived in writing Does not obliterate the Operates to obliterate every
his right to appeal. record of conviction vestige of the crime committed
(except if it is an
absolute pardon)
Does not extinguish civil liability of the offender (except if it
EFFECT OF DEATH OF THE ACCUSED is an absolute pardon)
PENDING APPEAL The offender must plead This a public act. Concurrence of
and prove the Pardon the Congress would be necessary
General Rule: Death of the accused pending appeal of
since this is considered prior to proclamation.
his conviction extinguishes the offender’s criminal a Private Act of the
liability as well as his civil liability based solely on the President.
offense committed.

Exception: Death does not extinguish civil liability Art. 90, RPC.
arising from sources other than the crime committed Prescription of crimes. – Crimes punishable by death,
survives, and may be pursued in a separate civil reclusion perpetua or reclusion temporal shall prescribe in
action. Sources of civil liability other than crime are twenty years.
law, contracts, quasi-contracts and quasi-delicts.
Crimes punishable by other afflictive penalties shall
Amnesty, defined prescribe in fifteen years.
Amnesty is an act of the sovereign power granting Those punishable by a correctional penalty shall prescribe in
oblivion or a general pardon for a past offense. ten years; with the exception of those punishable by arresto
mayor, which shall prescribe in five years.
• It is rarely, if ever, exercised in favor of a single
individual, and is usually extended in behalf of The crime of libel or other similar offenses shall prescribe in
certain classes of persons, whether or not they one year.
have already been convicted.
The crime of oral defamation and slander by deed shall
prescribe in six months.
Pardon, defined
Pardon refers to an act of grace proceeding from the Light offenses prescribe in two months.
power entrusted with the execution of the laws.
When the penalty fixed by law is a compound one, the
• This exempts the individual on whom it is highest penalty shall be made the basis of the application of
bestowed from the punishment provided for by the rules contained in the first, second and third paragraphs
the law for the crime committed. of this article. (As amended by R.A. 4661)

• Pardon can only be given after final judgment;


otherwise, there will be violation of the Doctrine
Prescription of Crimes, defined
of Separation of Powers.
Pertains to the forfeiture or loss of the right of the
Absolute Pardon Conditional Pardon
State to prosecute the offender after the lapse of a
Total extinction of certain time.
criminal liability, without
any condition. Exemption of individual from • In prescription of crimes, it is the penalty
the punishment which the prescribed by law that should be considered.
Restores to the individual law inflicts for the offense
his civil and political committed resulting in the • In computing for the prescription, the first day is
rights and remits the partial extinction with
to be executed and the last day included.
penalty imposed for the certain conditions.
particular offense he/she
is convicted of.

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f. After 5 years for offenses punished under the


PRESCRIPTIVE PERIODS OF CRIMES: Internal Revenue Law.
1. Crimes punishable by:
a. Death, reclusion perpetua, and reclusion g. After 2 months for violations of the
temporal = 20 years regulations or conditions of certificate of
b. Afflictive Penalties = 15 years convenience by the Public Service
c. Correctional Penalties = 10 year except those Commission.
punishable by arresto mayor which shall
prescribe in 5 years. 5. When the prescription is interrupted – It shall be
2. Crime of libel = 1 year interrupted only when the proceedings are
3. Offenses of oral defamation and slander by deed = instituted against the guilty party and shall being
6 months to run again if the proceedings are dismissed for
a. Simple Slander = 6 months reasons not constituting jeopardy.
b. Grave Slander = 2 months
4. Light offenses = 2 months
5. Crimes punishable by fines
a. Afflictive Fines = 15 years Art. 91, RPC.
b. Correctional Fines = 10 years Computation of prescription of offenses. – The period of
prescription shall commence to run from the day on which
c. Light Fines = 2 months
the crime is discovered by the offended party, the
authorities, or their agents, and shall be interrupted by the
Guidelines: filing of the complaint or information, and shall commence
to run again when such proceedings terminate without the
1. When the last day of prescriptive period falls on a
accused being convicted or acquitted, or are unjustifiably
Sunday or a holiday – the information can no stopped for any reason not imputable to him.
longer be filed on the next day as the crime has
already prescribed. The period will not be The term of prescription shall not run when the offender is
prolonged because doubt should be resolved in absent from the Philippine Archipelago.
favor of the accused.
2. Compound Crimes –When the penalty is a Scope:
compound one, the highest penalty is the basis of 1. The period of prescription shall begin to run from
application of the rules in Article 90. the day on which the crime is discovered by the
3. Violations penalized by special laws – unless offended party, the authorities or their agents.
otherwise provided by the special laws, the
following rules shall govern: Note: Discovery of crime, not discovery of
offender.
a. After 1 year for offenses punished only by a
fine or by imprisonment for not more than Note: For the case of Illegal Recruitment, the
one (1) month, or both; period of prescription runs from the time the
accused is certified as an illegal recruiter.
b. After 4 years for those punished by
imprisonment for more than one (1) month 2. It is interrupted only by the filing of the
but less than two (2) years; complaint or information corresponding to the
offense committed with the prosecutor except in
c. After 8 years for those punished by cases falling under the Rules on Summary
imprisonment for two (2) years or more, but Procedure (filed with the court) and when filed
not less than six (6) years; and with the Punong Barangay (not exceeding 60
days).
d. After 12 years for any other offense punished
by imprisonment for six (6) years or more, 3. It shall commence to run again after the
except the crime of treason, which shall proceedings are terminated114 without the
prescribe after twenty (20) years. accused being convicted or acquitted, or
unjustifiably stopped for any reason not
e. Any violations penalized by municipal imputable to the accused.
ordinances shall prescribe after two (2)
months.113 4. The term of prescription shall not run when the
offender is absent from the Philippine
Archipelago.

113 Prescription of crimes will start on the day of the


commission of the violation. If the same be not known at the
time, from the discovery thereof and the institution of 114Refers to a termination that is final as to amount a
judicial proceedings for its investigation and punishment. jeopardy that would bar a subsequent prosecution.

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Art. 92, RPC. 1. Period of prescription commences to run from the


When and how penalties prescribe. – The penalties imposed date when the culprit evaded the service of his
by final sentence prescribe as follows: sentence.
1. Death and reclusion perpetua, in twenty years; 2. There is an interruption in case of the following
circumstances:
2. Other afflictive penalties, in fifteen years;
a. Culprit gives himself up;
3. Correctional penalties, in ten years; with the exception
of the penalty of arresto mayor, which prescribes in five b. Culprit gets captured;
years;
c. Culprit goes to a foreign country with which
4. Light penalties, in one year. the Philippines has no extradition treaty; or if
there is an extradition treaty, the same does
not include the crime committed by the
culprit;
Prescription of Penalties, defined d. Culprit commits another crime before the
Pertains to the loss or forfeiture of the right of the expiration of the period of prescription.
government to execute the final sentence, after the
lapse of a certain time. This is based on the penalty e. Culprit makes an acceptance of conditional
imposed by the court. pardon.115

Elements:
Prescriptive Periods of penalties
a. Penalty is imposed by final judgment;
1. Death and reclusion perpetua = 20 years;
b. The convict evaded the service of his sentence by
2. Other afflictive penalties = 15 years
escaping during the term of his sentence;
3. Correctional penalties = 10 years, except for the
c. The convict who escaped from prison has not
penalty of arresto mayor which prescribes for 5 given himself up, or been captured, or gone to a
years; and foreign country with which the Philippines has no
4. Light penalties = 1 year. extradition treaty, or committed another crime;
• If the Government has an extradition treaty
Guidelines: but the crime committed is not included in
1. Penalties must be imposed after final judgment. the treaty, this would interrupt the running
Appeal of the convict then fleeing to the of the prescriptive period.
mountains, the penalty imposed on the convict
d. The penalty has prescribed, because of the lapse
cannot prescribe since no final judgment has been
of time from the date of evasion of the service of
rendered.
the sentence by the convict.
2. If the accused was never arrested to serve the
sentence, the prescriptive period cannot CHAPTER TWO: PARTIAL EXTINCTION OF
commence to run. CRIMINAL LIABILITY

Prescription of the Crime Prescription of the Penalty Art. 94, RPC.


The forfeiture or loss of The forfeiture or loss of the Partial extinction of criminal liability. – Criminal liability is
the right of the State to right of the government to extinguished partially:
prosecute. execute the final sentence
It is the penalty It is the penalty imposed that 1. By conditional pardon;
prescribed by law that should be considered. 2. By commutation of the sentence; and
should be considered. 3. For good conduct allowances which the culprit may earn
while he is serving his sentence.

Art. 93, RPC.


Computation of the prescription of penalties. – The period of
Art. 95, RPC.
prescription of penalties shall commence to run from the
date when the culprit should evade the service of his Obligation incurred by a person granted conditional pardon.
sentence, and it shall be interrupted if the defendant should – Any person who has been granted conditional pardon shall
give himself up, be captured, should go to some foreign incur the obligation of complying strictly with the conditions
imposed therein, otherwise, his noncompliance with any of
country with which this Government has no extradition
the conditions specified shall result in the revocation of the
treaty, or should commit another crime before the expiration
pardon and the provisions of Article 159 shall be applied to
of the period of prescription.
him.
Scope:
115 People vs. Puntillas

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Who grants time allowance. – Whenever lawfully justified,


the Director of the Bureau of Corrections, the Chief of the
Bureau of Jail Management and Penology and/or the Warden
Art. 96, RPC. of a provincial, district, municipal or city jail shall grant
Effect of commutation of sentence. – The commutation of allowances for good conduct. Such allowances once granted
the original sentence for another of a different length and shall not be revoked. (As amended by R.A. 10592, approved
nature shall have the legal effect of substituting the latter in May 29, 2013)
the place of the former.

Criminal Liability is partially extinguished through the


Art. 97, RPC. following means:
Allowance for good conduct. – The good conduct of any
offender qualified for credit for preventive imprisonment 1. Conditional pardon;
pursuant to Article 29 of this Code, or of any convicted
prisoner in any penal institution, rehabilitation or detention 2. Commutation of sentence;
center or any other local jail, shall entitle him to the
3. Good conduct allowances which the offender may
following deductions from the period of his sentence:
earn while serving his sentence;
a. During the first two years of his imprisonment, he shall 4. Parole;116 and
be allowed a deduction of five days for each month of
good behavior; 5. By probation.
b. During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a reduction of
twenty-three days for each month of good behavior Conditional Pardon Parole
during detention; Given after final Given after service of the
judgment minimum penalty
c. During the following years until the tenth year, Granted by Chief Given by the Board of
inclusive, of his imprisonment, he shall be allowed a Executive Pardons and Parole
deduction of twenty-five days for each month of good For violations, convict For violations, may be
behavior during detention; and may be prosecuted rearrested, convict serves
under Art. 159 remaining sentence
d. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of thirty
days for each month of good behavior during detention. Allowance for Good Conduct:
e. At any time during the period of imprisonment, he shall
be allowed another deduction of fifteen days, in 1. First two (2) years of imprisonment = deduction of
addition to numbers one to four hereof, for each month 5 days for each month of good behavior.
of study, teaching or mentoring service time rendered.
2. 3rd to 5th years of imprisonment = deduction of 23
An appeal by the accused shall not deprive him of days for each month of good behavior.
entitlement to the above allowances for good conduct. (As 3. Following years until the 10th year of
amended by R.A. No. 10592, approved May 29, 2013)
imprisonment = deduction of 25 days for each
month for good behavior.
4. 11th and successive years of imprisonment =
Art. 98, RPC. deduction of 30 days for each month of good
Special time allowance for loyalty. – A deduction of one fifth behavior.
of the period of his sentence shall be granted to any prisoner
who, having evaded his sentence under the circumstances
5. In addition to numbers 1 to 4, the study,
mentioned in Article 158 of this Code, gives himself up to the
authorities within 48 hours following the issuance of a teaching, or mentoring service time rendered =
proclamation announcing the passing away of the calamity or deduction of 15 days
catastrophe referred to in said article.

A deduction of two-fifths of the period of his sentence shall Special Time Allowance for Loyalty, defined
be granted in case said prisoner chose to stay in the place of Pertains to the deduction of 1/5th of the period of the
his confinement notwithstanding the existence of a calamity sentence of a prisoner who, having evaded the service
or catastrophe enumerated in Article 158 of this Code.
116Consists in the suspension of the sentence of a convict
This Article shall apply to any prisoner whether undergoing
after serving the minimum term of the indeterminate
preventive imprisonment or serving sentence. (As amended
penalty, without granting pardon, prescribing the terms upon
by R.A. 10592, approved May 29, 2013)
which the sentence shall be suspended. In case his parole
conditions are not observed, a convict may be returned to
the custody and continue to serve his sentence without
Art. 99, RPC. deducting the time that elapsed.

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of his sentence during a calamity or catastrophe, gives


himself up within 48 hours following the proclamation EFFECT OF DEATH OF THE OFFENDER
by the President announcing the passing away of the
calamity or catastrophe. Civil liability ex-delicto is extinguished if death of the
offender happened prior to the institution of action or
The deduction will be 2/5ths if the prisoner stays in his prior to the finality of judgment.
place of confinement. [Art. 98]

• Time allowance is only granted exclusively by the Art. 101, RPC.


Director of Prison and once granted, shall not be Rules regarding civil liability in certain cases. – The
revoked. exemption from criminal liability established in subdivisions
1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11
of this Code does not include exemption from civil liability,
which shall be enforced subject to the following rules:
2. CIVIL LIABILITIES IN CRIMINAL CASES
First. In cases of subdivisions 1, 2, and 3 of Article 12, the
civil liability for acts committed by an imbecile or insane
CHAPTER ONE: PERSON CIVILLY LIABLE FOR person, and by a person under nine years of age, or over nine
FELONIES but under fifteen years of age, who has acted without
discernment, shall devolve upon those having such a person
Art. 100, RPC. under their legal authority or control, unless it appears that
Civil liability of a person guilty of felony. – Every person there was no fault or negligence on their part.
criminally liable for a felony is also civilly liable.
Should there be no person having such insane, imbecile, or
minor under his authority, legal guardianship, or control, or
if such person be insolvent, said insane, imbecile, or minor
Persons Exempted from Civil Liability shall respond with their own property, excepting property
exempt from execution, in accordance with the civil law.
1. Victimless crimes;
2. Flight to enemy country. Second. In cases falling within subdivision 4 of Article 11, the
persons for whose benefit the harm has been prevented shall
be civilly liable in proportion to the benefit which they may
Dual character of the crime as against: have received.
1. The State, because of the disturbance of peace
and order; The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be liable.
2. The private person injured, unless it involves the When the respective shares cannot be equitably determined,
crime of treason, rebellion, espionage, contempt even approximately, or when the liability also attaches to
and others where no civil liability arises on the the Government, or to the majority of the inhabitants of the
part of the offender either because there are no town, and, in all events, whenever the damage has been
damages or there is no private person injured by caused with the consent of the authorities or their agents,
the crime. indemnification shall be made in the manner prescribed by
special laws or regulations.
Bar 2000
Third. In cases falling within subdivisions 5 and 6 of Article
Effect of Acquittal
12, the persons using violence or causing the fears shall be
Extinction of the penal action does not carry with it the
primarily liable and secondarily, or, if there be no such
extinction of the civil action, unless the extinction proceeds
persons, those doing the act shall be liable, saving always to
from a declaration in a final judgment that the fact from
the latter that part of their property exempt from execution.
which the civil liability might arise did not exist.

EFFECT OF DISMISSAL OF CASE


General Rule: Civil liability is still imposed in cases
falling under those exempting circumstances
Dismissal of the information or the criminal action
enumerated in Art. 12.
does not affect the right of the offended party to
institute or continue the civil action already instituted
Exceptions:
arising from the offense since such dismissal or
1. No civil liability in par. 4 of Art. 12 which
extinction of the penal action does not carry with it
provides for the injury caused by mere accident.
the extinction of the civil action.
2. No civil liability in par. 7 of Art. 12 which
Where the dismissal of the case stems from the fact provides for failure to perform an act required by
that the prosecution has failed to prove the guilt of law when prevented by some lawful or
the accused beyond reasonable doubt, a civil suit may insuperable cause.
be instituted, which may demand a lesser quantum of
evidence.

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Persons liable for insane or minor exempt from 2. The crime committed in such inn, tavern, or
criminal liability: establishment.
1. The person having legal capacity or control over
them, if the latter are the ones at fault or 3. The person criminally liable is insolvent or absent.
negligent – they are primarily liable.
2. If no fault or negligence on their part, or even if • Concurrence of all elements makes the
at fault or negligent but insolvent, or should there innkeeper, tavernkeeper or proprietor of the
be no person having such authority or control, the establishment civilly liable.
insane, imbecile, or such minor shall respond with
their own property, not exempt from • This liability, however, is subsidiary in nature,
execution.117 hence the requisite of the offender’s insolvency.
[Reyes, p. 924]

Persons civilly liable for acts of minor over 15 years


of age who act with discernment 118 Elements of Paragraph 2:
1. Offender’s father; 1. The guests notified in advance the innkeeper or
the person representing of the deposit of their
2. Mother, in case of father’s death or incapacity; goods within the inn or house.
3. Guardian, in the case of mother’s death or 2. The guests followed the direction of the
incapacity. innkeeper or his representative with respect to
the care of and vigilance over such goods.
3. Such goods of the guests lodging therein were
Persons civilly liable for acts committed by persons taken by robbery with force upon things or theft
acting under irresistible force or uncontrollable fear committed within the inn or house.
1. The person using violence or causing the fear
are primarily liable.
• No liability shall attach in the case of robbery
2. If there be no such persons, those doing the with violence against or intimidation of persons,
act shall be secondarily liable. unless committed by the innkeeper’s employees.

• The effects of the guest be actually delivered to


Art. 102, RPC. the innkeeper is immaterial.
Subsidiary civil liability of innkeepers, tavernkeepers and
proprietors of establishments. – In default of the persons
criminally liable, innkeepers, tavern-keepers, and any other Art. 103, RPC.
persons or corporations shall be civilly liable for crimes
Subsidiary civil liability of other persons. – The subsidiary
committed in their establishments, in all cases where a
liability established in the next preceding article shall also
violation of municipal ordinances or some general or special
apply to employers, teachers, persons, and corporations
police regulation shall have been committed by them or their
engaged in any kind of industry for felonies committed by
employees.
their servants, pupils, workmen, apprentices, or employees
in the discharge of their duties.
Innkeepers are also subsidiarily liable for the restitution of
goods taken by robbery or theft within their houses from
guests lodging therein, or for the payment of the value
thereof, provided that such guests shall have notified in Industry, defined
advance the innkeeper himself, or the person representing This refers to a form of productive work, especially
him, of the deposit of such goods within the inn; and shall that of manufacture, or a particular class of
furthermore have followed the directions which such productive work itself, a trade or manufacture. As a
innkeeper or his representative may have given them with rule, it must be conducted for livelihood or profit.
respect to the care and vigilance over such goods. No liability [Reyes, p.926]
shall attach in case of robbery with violence against or
intimidation of persons unless committed by the innkeeper's
employees.
Elements:
Elements of Paragraph 1: 1. The employer, teacher, person, or corporation is
1. The innkeeper, tavernkeeper or proprietor of engaged in any kind of industry.
establishment or his employee committed a 2. Any of their servants, pupils, workmen,
violation of municipal ordinance or some general apprentices, or employees commits a felony while
or special police regulation. in the discharge of their duties.

U.S. v. Baggay, 20 Phil. 142, 146-147.


117 3. The said employee is insolvent and has not
Art. 201, Child and Youth Welfare Code, Arts. 2180 &
118 satisfied his criminal liability.
2182, Civil Code

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The subsidiary liability shall be enforced, first, against the


property of the principals; next, against that of the
CHAPTER TWO: WHAT CIVIL LIABILITY INCLUDES accomplices, and, lastly, against that of the accessories.

Whenever the liability in solidum or the subsidiary liability


Art. 104, RPC.
has been enforced, the person by whom payment has been
What is included in civil liability. – The civil liability
made shall have a right of action against the others for the
established in Articles 100, 101, 102, and 103 of this Code
amount of their respective shares.
includes:
Art. 111, RPC.
1. Restitution;
Obligation to make restitution in a certain case. – Any person
2. Reparation of the damage caused;
who has participated gratuitously in the proceeds of a felony
3. Indemnification for consequential damages.
shall be bound to make restitution in an amount equivalent
to the extent of such participation.
Art. 105, RPC.
Restitution – How made. – The restitution of the thing itself
must be made whenever possible, with allowance for any
deterioration, or diminution of value as determined by the
court. • Restitution of an object(s) must be made
whenever possible even when found in the
The thing itself shall be restored, even though it be found in possession of a third person except when acquired
the possession of a third person who has acquired it by lawful by such person in any manner and under the
means, saving to the latter his action against the proper requirements which, by law, bar an action for
person who may be liable to him.
recovery.
This provision is not applicable in cases in which the thing • Art. 104 may be distinguished from Art. 38 in the
has been acquired by the third person in the manner and sense that Art. 38 refers to the order in which
under the requirements which, by law, bar an action for its pecuniary liabilities, among which it includes
recovery. fines and the cost of proceedings, are to be paid,
whereas Art. 104 refers to the composition of civil
Art. 106, RPC. liability which Art. 38 calls convicts to pay.
Reparation – How made. – The court shall determine the
amount of damage, taking into consideration the price of the
thing, whenever possible, and its special sentimental value
to the injured party, and reparation shall be made SCOPE OF RESTITUTION:
accordingly. 1. Cannot be ordered before final judgment.
2. The liability to return an object must arise from a
Art. 107, RPC.
Indemnification – What is included. – Indemnification of criminal act, not from a contract.
consequential damages shall include not only those caused 3. Can be ordered even if accused was acquitted but
the injured party, but also those suffered by his family or by
the object was proved to belong to a third party.
a third person by reason of the crime.
4. In addition to the returning of the object, the
Art. 108, RPC. offender must also pay an amount representing
Obligation to make restoration, reparation for damages, or the deterioration of diminution of value, if any.
indemnification for consequential damages and action to
demand the same – Upon whom it devolves. – The obligation 5. Limited to crimes against property except in:
to make restoration or reparation for damages and treason cases where money was acquired; and
indemnification for consequential damages devolves upon the abduction cases where ransom was paid.
heirs of the person liable.
• Generally, the owner of the thing taken may
The action to demand restoration, reparation, and
indemnification likewise descends to the heirs of the person
recover regardless of who is in possession of
injured. the thing, except in cases where the third
party has acquired the same in good faith at
Art. 109, RPC. a public auction,119 in which case, the
Share of each person civilly liable. – If there are two or more
persons civilly liable for a felony, the courts shall determine original owner may only recover the thing by
the amount for which each must respond. paying the purchase price.

Art. 110, RPC.


Several and subsidiary liability of principals, accomplices, Reparation of Damages
and accessories of felony - Preference in payment. – If restitution is not possible, reparation of damages
Notwithstanding the provisions of the next preceding article,
the principals, accomplices, and accessories, each within
will be ordered by the court. The court shall
their respective class, shall be liable severally (in solidum) determine the amount of damage while considering
among themselves for their quotas, and subsidiarily for those
of the other persons liable.
119 Art. 559, Civil Code

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the price of the object and its sentimental value to Net Earning Capacity = Life Expectancy x
the injured party. (Gross Annual Income – Living Expenses)
• If no evidence is available as to the value of the
property unrecovered, reparation cannot be
made.
1. Life Expectancy = 2/3 x (80-age of the deceased
at the time of death)
SCOPE OF REPARATION
Only applies to crimes against property. 2. Gross Annual Income = Monthly Earnings x Number
of Months

Indemnification of Damages 3. Living Expenses = In the absence of proof, 50% of


Indemnification includes not only those caused the Gross Annual Income. [People vs. Lara]
injured party, but also, those suffered by his family or
a third party by reason of the crime.
CHAPTER THREE: EXTINCTION AND SURVIVAL OF
• This is considered a remedy granted to the CIVIL LIABILITY
victims of crimes against persons.
Art. 112, RPC.
Extinction of civil liability. – Civil liability established in
SCOPE OF INDEMNIFICATION: Articles 100, 101, 102, and 103 of this Code shall be
1. Both reparation and indemnification for damages extinguished in the same manner as other obligations, in
accordance with the provisions of the Civil Law.
may be claimed by the accused and his/her heirs.

2. Contributory negligence on the part of the


offended party reduces civil liability of the Art. 113, RPC.
Obligation to satisfy civil liability. – Except in case of
offender.
extinction of his civil liability as provided in the next
preceding article, the offender shall continue to be obliged
3. The obligation to make restoration or reparation to satisfy the civil liability resulting from the crime
for damages and indemnification for committed by him, notwithstanding the fact that he has
consequential damages devolves upon the heirs of served his sentence consisting of deprivation of liberty or
the person liable. The action to demand other rights, or has not been required to serve the same by
restoration, reparation or indemnification reason of amnesty, pardon, commutation of sentence or any
descends to the heirs of the person injured. other reasons.

PAYMENT OF CIVIL LIABILITY CIVIL LIABILITY IS EXTINGUISHED BY:


a. Principals – pro rata, 50% of the civil liability. 1. Payment or performance;
Only principals – pro rata or solidary obligation 2. Loss of the thing due;
b. Accomplices – 2/3 of 50% remaining civil liability
c. Accessories – 1/3 of 50% remaining civil liability 3. Condonation or remission of the debt;
4. Confusion or merger of the rights of the creditor
• Principals, Accomplices and Accessories shall be and debtor;
liable severally among themselves and subsidiarily
for those of the other persons liable. 5. Compensation;
6. Novation;
• Any person who benefited in the proceeds of a
felony is bound to make restitution in an amount 7. Other cause of extinguishment of obligations,
equivalent to the extent of such participation. such as annulment, recission, fulfilment of a
resolutory condition and prescription.

COMPUTING LOSS OF THE VICTIM’S EARNING


CAPACITY 120 General Rule: Civil liability in criminal cases is not
extinguished by the loss of the object due because
reparation will be ordered by the court in such cases.

Exception: The offender shall continue to be obliged


to satisfy the civil liability arising from the crime
committed by him.

120 Based on the American Expectancy Table of Mortality

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