CRIMINAL LAW 1

FINALS
ARTICLE 16 – Who are criminally liable – The following are criminally liable for grave & less grave
felonies:

1. Principals
2. Accomplices
3. Accessories
The following are criminally liable for light felonies:
1. Principals
2. Accomplices

Subjects of crime

a. Active subject (criminal)

b. Passive subject (the injured)
 The culpability of the employee therefore hinges on his knowledge of the offense and his active
participation in its commission. Where it is shown that the employee was merely acting under
the direction of his superiors and was unaware that his acts constituted a crime, he may not be
held criminally liable for an act done for and in behalf of his employer.
 The persons who may be held liable for illegal recruitment are the principals, accomplices and
accessories. In case of juridical persons, the officers having control, management or direction of
their business shall be liable.

ARTICLE 17 – Principals – The following are considered principals:

1. Those who take a direct part in the execution of the act.

2. Those who directly force or induce others to commit it
3. Those who cooperate in the commission of the offense by another act without which it would
not have been accomplished.

Classifications of active subject of crime

1. Single offender – if there is only one offender, he must be a principal.

2. Multiple offenders – if there is more than one offender, their respective liability will depend on
the existence of a conspiracy or the extent and time of their participation. If there is conspiracy,
all conspirators are principals. If there is no conspiracy, at least one offender must be a principal
by direct participation. The others may be a principal by inducement, principal by indispensable
cooperation, accomplice or accessory.
PRINCIPAL BY DIRECT PARTICIPATION

-is the person, who takes a direct part in the execution of the acts. The phrase “execution of the acts”
refers to the commission or omission of the acts which constitute a felony. In homicide, the person, who
inflicted mortal wounds that caused the death of the victim, is principal by direct participation. The said
acts may also constitute frustrated or attempted felony.

- Two or more persons taking part in the commission of a crime are considered principals by direct
participation (by reason of conspiracy) with the following requisites:

1. They participated in the criminal resolution.

2. They carried out their plan and personally took part in its execution by acts which directly tended to
the same end.

* To be a conspirator, it must be established that the offender performed an overt acts in pursuance or
furtherance of the conspiracy.

Note: The responsibility of the co-principal is not based on conspiracy but upon his independent reckless
act of allowing or failing to prevent the act to be performed by the chief reckless actor. As driver of the
truck,it is his obligation to prevent “inexperienced person to drive the truck”. Conspiracy involves a
meeting of the minds to commit a crime while negligence denotes absent of intent.

 Both the store owner and employee were held liable as principals. As owners of the store, it is
his obligations to prevent his employees from selling prohibited products.

PRINCIPAL BY INDUCTION

- Is one who directly induces or forces others to commit a crime. One who plans the commission
of a crime is a principal by inducement.
2 kinds
1. By directly forcing another to commit a crime. E.g. irresistible force, uncontrollable fear
2. By directly inducing another to commit a crime

Principal by directly inducing another:

1. The inducement is made directly with the intention of procuring the commission of the crime.
2. The inducement is the determining cause of the commission of the crime. Inducement is either
by command, or for a consideration, or by any other similar act which constitutes the real and
moving cause of the crime.

Words of Command

1. The inducer by word of command must have an ascendancy over the criminal actor.
2. The word of command must be so direct, so efficacious and so powerful amounting to physical
or moral coercion.
 3. The word of command must be uttered prior to the commission of the crime.
4. The criminal actor has no personal reason to commit the crime.

General Rule : Acts of inducement do not consist in simple advice or counsel given before the act is
committed, or in simple words uttered at the time the act was committed.

Exception : If the advice is so direct, so efficacious and so powerful amounting to moral coercion,
the adviser is liable as principal by inducement. In such case, such words of advice are equivalent to
words of command.

PRINCIPAL BY INDISPENSABLE COOPERATION

- Is one who cooperates in the commission of the offense by another act without which it would
not have been accomplished.
- To make a person liable as principal by indispensable cooperation, the prosecution must
establish “community of design” and participation by acts indispensable to the execution of the
crime.

Requisites of Community of Design:

1. Cooperator knows the criminal design of the chief actor.

2. Cooperator must concur in the criminal design of the chief actor.

Requisites of Principal by Indispensable Cooperation

1. The cooperator knows and concurred in the criminal design of the chief actor.
2. The cooperator concurred in the criminal design by performing an act different from that
constituting the crime.
3. The cooperator act is indispensable to the commission of the crime.

ARTICLE 18. Accomplices – are those persons who, not being included in article 17, cooperate in the
execution of the offense by previous or simultaneous acts.

REQUISITES:

1. The cooperator did not participate in the commission of the crime as principal.
2. The cooperator knew and concurred in the criminal design of the chief actor.Accomplices do not
decide whether the crime should be committed; they merely assent to the plan of the principal
by direct participation and cooperate in its accomplishment.
3. The cooperator concurred in the criminal design by performing previous or simultaneous acts.
4. Cooperator’s acts supplied material and moral aid in an efficacious way to the chief actor.
5. There must be a relation between the acts of the chief actor and those of the cooperator.
- “ The person who entertains the owner of a house while robbers are assaulting it, so that he will
not return thereto until after the robbery has been consummated, is also an accomplice in the
 crime, in as much as he cooperated therein by a simultaneous act, although not an
indispensable one for its accomplishment”.
- There is only community of design if the cooperator agreed to help the chief actor in committing
the crime but he did not participate in the decision to commit it.

ARTICLE 19 – Accessories – are those who having knowledge of the commission of the crime, and
without having participated therein, either as principals or accomplices, take part subsequent to its
commission in any of the ffg. Manners:

1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. By harboring, concealing or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty
of treason, parricide, murder or an attempt to take the life of the Chief Executive, or is known to
be habitually guilty of some other crime.

REQUISITES OF ACCESSORY

1. Crime was committed by principal.

2. Participator must have knowledge of the commission of the crime by the principal.
3. Participator did not participate in the commission of the crime as principal or accomplice.
4. Accessory took part in the commission of the crime by performing subsequent acts.

A. ACCESSORY BY PROFITING –one who profited from the effects of the crime.
B. ACCESSORY BY ASSISTING OFFENDER TO PROFIT – his intervention was after the act and with
the sole purpose of profiting from the effects of the robbery.
C. ACCESSORY IN ROBBERY AND THEFT – one who profited himself or assisted the offender to
profit by the effects of the crime of theft or robbery.

REQUISITES:

1. A crime of robbery or theft has been committed.

2. The accused, who is not a principal or accomplice in the commission of the crime of robbery or
theft, buys, receives, possesses, keeps,acquires, conceals, sells or disposes, or buys & sells, or in
any manner deals in any article, item, object or anything of value, which has been derived from
the proceeds of the said crime.
3. The accused knows or should have known that the said article, item, object or anything of value
has been derived from the proceeds of the crime of robbery or theft.
4. There is on the part of the accused, intent to gain for himself or for another.
ARTICLE 20 – Accessories who are exempt from criminal liability. The penalties prescribed for
accessories shall not be imposed upon those who are such with respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the
same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the
next preceeding article.

- Accessories are also exempt from criminal liability if the principal merely committed a light
felony. Accessories of the second or third kind are exempt also from criminal responsibility if
they are related to the principal with the exception of crime of fencing and obstruction of
justice.

ARTICLE 21 – No felony shall be punishable by any penalty not prescribed by law prior to its commission.

ARTICLE 22 – Penal laws shall have a retroactive effect in so far as they favor the person guilty of a
felony,who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although
at the time of the publication of such laws a final sentence has been pronounced and the convict is
serving the same.

Requisites of Retroactive Application

1. The law is favorable to the accused.

2. The accused is not a habitual delinquent
- The general rule that penal laws shall be retroactive in so far as they favor the accused has no
application where the law is expressly made inapplicable to existing situation. Legislative branch
may take a specific law out from the operation of Article 22 by express provision thereof.

ARTICLE 23 – A pardon by the offended party does not extinguish criminal action except as provided in
article 344 of this code; but civil liability with regard to the interest of the injured party is extinguished
by his express waiver.

PARDON – is an act of forgiveness. It is either executive or private. A pardon shall in no case exempt the
culprit from the payment of the civil indemnity imposed upon him by the sentence.

ARTICLE 24 – The following shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the
purposes specified therein.
3. Suspension from the employment or public office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative disciplinary
powers,superior officials may impose upon their subordinates.
5. Deprivation of rights and reparations which the civil law may establish in penal form.
PREVENTIVE SUSPENSION - is only a measure of safety & prevention and is not considered as
penalty. Its purpose is to prevent the accused public officer from hampering his prosecution by
intimidating or influencing witnesses, tampering with documentary evidence, or committing further
acts of malfeasance while in office.

ARTICLE 25 – Classification of penalties

Principal Penalties:

Capital Punishment:

*Death

Afflictive penalties:

*Reclusion perpetua

*Reclusion Temporal

*Perpetual or temporary absolute disqualification

*Perpetual or temporary special disqualification

*Prision mayor

Correctional penalties:

*Prisioncorreccional

*Arresto mayor

*Suspension

*Destierro

Light penalties;

*Arrestomenor

*Public censure

Penalties common to three preceeding classes:

*Fine

*Bond to keep the peace

ACCESSORY PENALTIES

1. Perpetual or temporary absolute disqualification

2. Perpetual or temporary special disqualification
3. Suspension from public office, the right to vote and be voted for, the profession or calling
4. Civil interdiction
5. Indemnification
6. Forfeiture or confiscation of instruments and proceeds of the offense.
7. Payment of costs of litigation.

Principal Penalties – those expressly imposed by the court in the judgment of conviction.

Accessory penalties – are based on the imposition of principal penalty.

Classification of Principal Penalty

1. Gravity – principal penalties except fine are classified into capital punishment, afflictive
penalties, correctional penalties and light penalties. On the other hand, fine is classified into
afflictive penalty, correctional penalty and light penalty.
2. Subject matter – principal penalties may be classified in accordance with subject matter into
a. Corporal punishment: death penalty
b. Deprivation of freedom: reclusion perpetua, reclusion remporal, prision mayor, prision
correctional, arresto mayor, arrestomenor.
c. Pecuniary punishment: fine
d. Restriction of freedom : Destierro
e. Deprivation of right : perpetual or temporary absolute disqualification, perpetual or
temporary special disqualification and suspension.
3. Divisibility –principal penalties may be classified into divisible & indivisible. Divisible penalties
are those that can be divided into three periods. For example ,arresto mayor is divisible since it
has minimum. Medium and maximum periods. Indivisible penalties are those that cannot be
divided into three periods. Death penalty, reclusion perpetua ,perpetual absolute
disqualification and public censure are indivisible penalties.

DEATH PENALTY – Section 19 , Article 3 of the 1987 Constitution provides. “ Neither shall the death
penalty be imposed, unless for compelling persons involving heinous crimes, the Congress hereafter
provides for it. A death penalty already imposed shall be reduced to reclusion perpetua”. The
Constitution does not abolish the death penalty. The imposition of death penalty is merely
suspended.

- Reclusion perpetua and life imprisonment are not synonymous penalties. They are distinct in
nature, in duration and in accessory penalties. The penalty of life imprisonment is invariably
imposed for serious offenses penalized by the special law.
ARTICLE 26 – CLASSIFICATION OF FINE

Light penalty – less than 40,000

Correccional penalty – not less than 40k but not exceeding 1.2million

Afflictive penalty – exceeding 1.2 million

-The court must impose both imprisonment penalty and fine. The classification of fine according to its
gravity does not apply if fine is just a component of a compound penalty. Article 26 speaks of fine
imposed as a single or alternative penalty.

ARTICLE 27 – DURATION OF PENALTIES

RECLUSION PERPETUA – 20 years and 1 day to 40 years

RECLUSION TEMPORAL – 12 YEARS AND 1 DAY TO 20 YEARS

PRISION MAYOR – 6 YEARS AND 1 DAY TO 12 YEARS

PRISION CORRECCIONAL -6 MONTHS AND 1 DAY TO 6 YEARS

ARRESTO MAYOR – 1 MONTH AND 1 DAY TO 6 MONTHS

ARRESTO MENOR – 1 DAY TO 30 DAYS

- Duration of suspension and destierro is 6 months and 1 day to 6 years, temporary

disqualification 6 years and 1 day to 12 years and bond to keep peace period fixed by court.

ARTICLE 28. – 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.

ARTICLE 29 – Period of preventive imprisonment deducted from term of imprisonment – Offenders or

accused who have undergone preventive imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during which they have undergone preventive
imprisonment if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary
rules imposed upon convicted prisoners, except in the ffg. Cases:

1. When they are recidivists, or have been convicted previously twice or more times of any crime
2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he
has undergone preventive imprisonment.

Whenever an accused has undergone preventive imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense charged to which he may be sentenced and his case is
not yet terminated, he shall be released immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which
the accused may be sentenced is destierro, he shall be released after 30 days of preventive
imprisonment.

ARTICLE 30 –Effects of penalties of perpetual or temporary absolute disqualification – The penalties of

perpetual or temporary absolute disqualification for public office shall produce the ffg. Effects:

1. The deprivation of the public offices & employments which the offender may have held, even if
conferred by popular election.
2. The deprivation of the right to vote in any election for any popular elective office or to be
elected to such office.
3. The disqualification for the offices or public 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 this article shall lasts during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for any office formerly held.

ARTICLE 31 – Effects of the penalties of perpetual or temporary special disqualification – The penalties
of perpetual or temporary special disqualification for public office, profession or calling shall produce
the ffg. Effects.

1. The deprivation of the office, employment, profession or calling affected;

2. The disqualification for holding similar offices or employments either perpetually or during the
term of the sentence, according to the extent of such disqualification.

ARTICLE 32 – The perpetual or temporary special disqualification for the exercise of the right of suffrage
shall deprive the offender perpetually or during the term of the sentence, according to the nature of
said penalty, of the right to vote in any popular election for any public office or to be elected to such
office. Moreover, the offender shall not be permitted to hold any public office during the period of his
disqualification.

ARTICLE 33 – The suspension from public office, profession or calling, and the exercise of the right of
suffrage shall disqualify the offender from holding such office or exercising such profession or calling or
right of suffrage during the term of the sentence.
 The person suspended from holding public office shall not hold another having similar functions
during the period of his suspension.

SUSPENSION – The penalty of suspension may be principal or accessory. Suspension is an accessory to

prision correccional, arresto mayor and arresto menor.

ARTICLE 34 – CIVIL INTERDICTION – shall deprive the offender during the time of his sentence of the
rights of parental authority, or guardianship, either as to the person or property of any ward, of marital
authority, of the right to manage his property, and of the right to dispose of such property by any act or
any conveyance inter vivos. It is an accessory to death, reclusion perpetua and reclusion temporal.

ARTICLE 35 – Effects of bond to keep the peace – It shall be the duty of any person sentenced to give
bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not
commit the offense sought to be prevented, and that in case such offense be committed they will pay
the amount determined by the court in its judgment, or otherwise to deposit such amount in the office
of the clerk of the court to guarantee said undertaking.

The court shall determine, according to its discretion, the period of duration of the bond.

Should the person sentenced fail to give the bond as required he shall be detained for a period which
shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and
shall not exceed 30 days, if for light felony.

ARTICLE 36 - PARDON; ITS EFFECT – A pardon shall not work the restoration of the right to hold public
office, or the right to suffrage, unless such rights be expressly restored by the terms of the pardon.

A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed
upon him by the sentence. The President by full pardon may expressly obliterate the principal penalty
and its accessory penalties but not the civil liability of the convict. Pardon does not extinguish the civil
liability of the person pardoned.

ARTICLE – 37 COST. – shall include fees and indemnities in the course of the judicial proceedings,
whether they be fixed or unalterable amounts previously determined by law or regulations in force, or
amounts not subject to schedule.

ARTICLE 38. Pecuniary liabilities – order of payment – In case the property of the offender should not
be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order.

1. The reparation of the damage caused.

2. Indemnification of consequential damages
3. The fine.
4. The cost of the proceedings.
ARTICLE 39 – Subsidiary penalty – If the convict has no property with which to meet the fine mentioned
in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the
rate of one day for each highest minimum wage, subject to the ffg. Rules:

1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain
under confinement until his fine referred in the preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one third of the term of the sentence, and in no case
shall it continue for more than 1 year , and no fraction or part of a day shall be counted against
the prisoner.
2. When the principal penalty imposed be only fine, the subsidiary imprisonment shall not exceed
six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall
not exceed fifteen days, if for light felony.
3. When the principal penalty imposed is higher than prision correccional no subsidiary
imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but
such penalty is of fixed duration, the convict, during the period of time established in the
preceding rules, shall continue to suffer the same deprivations as those of which the principal
penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency
shall not relieve him from the fine in case his financial circumstances should improve.

REQUISITES OF SUBSIDIARY PENALTY

1. Offender was sentenced to suffer penalty of fine, imprisonment penalty and fine, or penalty
with duration and fine.
2. Offender was not sentenced to suffer imprisonment penalty of more than 6 years.
3. The offender was expressly sentence in the judgment to suffer fine with subsidiary
imprisonment in case of insolvency.
4. Offender failed to pay the penalty of fine.
5. The failure to pay fine was due to insolvency.

ARTICLE 40 -44 – ACCESSORY PENALTIES

RECLUSION PERPETUA – CIVIL INTERDICTION

RECLUSION TEMPORAL – PERPETUAL ABSOLUTE DISQUALIFICATION

PRISION MAYOR – PERPETUAL SPECIAL DISQUALIFICATION FROM RIGHT TO SUFFRAGE

PRISION CORRECCIONAL – SUSPENSION FROM PUBLIC OFFICE, PROFESSION, CALLING

If exceeding 18 months – PERPETUAL SPECIAL DISQUALIFICATION FROM RIGHT OF SUFFRAGE

ARRESTO MAYOR

ARRESTO MENOR – SUSPENSION TO HOLD OFFICE AND SUSPENSION FROM RIGHT OF SUFFRAGE.

ARTICLE 45 – Confiscation and forfeiture of the proceeds or instruments of the crime – Every
penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of
the crime and the instruments or tools with which it was committed.

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