CRIMINAL LAW 11

2009 CRIMINOLOGIST LICENSURE EXAMINATION REVIEW

Criminal Law- that branch of public law which defines crimes treats of their nature and
provides for their punishment.

Crime is an act Felony is an act or Offense- those Infraction-

committed or omitted in omission punishable punishable by Special violation of city or
violation of a public by the Revised Penal laws. An illegal act municipal
law forbidding or Code which does not amount ordinances.
commanding it to a crime as defined in
the Penal Code.

SOURCES OF THE REVISED PENAL CODE

1. Act 3815 known as the Revised Penal Code

2. Special Penal Laws passed by Congress
3. Presidential Decrees issued by President Marcos

Common Law Crimes- the body of principles, usages and rules of actions which do not result
from the express act of the legislature. There is no such crime in the Philippines.

Q: Who has the power to define and punish crimes?

A: The State

NULLUM CRIMEN NULLA POENA SINE LEGE- there is no crime if there is no law
punishing it.

CHARACTERISTICS OF CRIMINAL LAW:

1. General- criminal law is binding on all persons who live or sojourn in the Philippines.
2. Territorial- criminal laws are applicable only if the crime is committed within Philippine
territory.
3. Prospective- criminal law cannot make an act punishable in a manner in which it was not
punishable when committed. See Art 366. (The law looks forward and not backwards)

EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS

1. When the offender shall commit an offense on a Philippine ship or airship.

2. When the offender should forge or counterfeit any coin or currency note of the Philippines or
obligations and securities issued by the Philippine government.
3. When the offender should be liable for the acts connected with the introduction into the
Philippines of the obligations and securities mentioned in number two.
4. When the offender who is a public officer or employee abroad shall commit an offense in the
exercise of his functions.
5. When the offender should commit an offense against the national securities and the laws of
nations.

CONSTRUCTION OF PENAL LAWS:

1. Penal laws are strictly construed against the state and liberally in favor of the accused
2. If there is a conflict between the Spanish text and the English text, the Spanish text
prevails.

ACT 3815 THE REVISED PENAL CODE

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Compiled By: Makamasa Arnaldo Gapit

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 HISTORY OF THE RPC.

 The old Penal Code which took effect until December 31, 1931.

 Administrative Order 94 of the DOJ dated October 18, 1927

 Anacleto Diaz, Quintin Paredes, Guilermo Guevarra, Alex Reyes and Mariano De Joya

 RPC approved December 8, 1930

 RPC took effect January 1, 1932

THEORIES IN CRIMINAL LAW:

1. Classical (Juristic) Theory- the basis of criminal liability is human free will and the
purpose of penalty is retribution. Man is a moral creature with an absolute free will to
choose between good and evil.
2. Positivist (Realistic) Theory. Man is subdued occasionally by a strange and morbid
phenomenon which constrain him to do wrong. Crime is a social and natural
phenomenon; it cannot be treated therefore by the application of abstract principles of
law or by the imposition of punishment.

RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANY VESSEL

WHILE WITHIN PHILIPPINE WATERS:

1. English Rule- the crime is punishable in the Philippines, unless the crime merely affects
things within the vessel.
2. French Rule- the crime is not triable in the courts of that country, unless their
commission unless their commission has effects on the safety of the coastal state.

Limitations on Congress to Enact Penal Laws

1. No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes
criminal an act done before the passage of the law and which was innocent when done,
and punishes such an act; it may also be defined as a law which aggravates a crime, or
makes it greater than it was, when committed.

2. No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts

punishment without trial.

Article 1. Time when Act Takes effect- January 1, 1932

Art. 2. Application of its provisions. — Except as provided in the

treaties and laws of preferential application, the provisions of this Code
shall be enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the

Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into

these islands of the obligations and securities mentioned in the
presiding number;

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 4. While being public officers or employees, should commit an
offense in the exercise of their functions; or

5. Should commit any of the crimes against national security and

the law of nations, defined in Title One of Book Two of this Code.

Art. 3. Definitions. — Acts and omissions punishable by law are felonies

(delitos).

Felonies are committed not only be means of deceit (dolo) but also by
means of fault (culpa).

There is deceit when the act is performed with deliberate intent and there
is fault when the wrongful act results from imprudence, negligence, lack
of foresight, or lack of skill.

ELEMENTS OF FELONIES IN GENERAL:

1. An act or omission
2. Act or omission punishable by the RPC
3. Act is performed or omission is incurred by means of dolo or culpa.

Act- is any bodily movement tending to produce some effects in the external world.

Omission- inaction, the failure to perform an act one is bound to do.

EXTERNAL ACT vs. INTERNAL ACT

IMPRUDENCE VS. NEGLIGENCE

1. Imprudence usually involves lack of skill. Negligence usually involves lack of skill
2. Imprudence involves a deficiency of action. Negligence indicates a deficiency of
perception.

REQUISITES OF DOLO OR MALICE

1. Freedom of action
2. Intelligence
3. Intent

REQUISITES OF FAULT OR CULPA

1. Freedom of action
2. Intelligence
3. Imprudent, negligent, or lack of foresight or lack of skill

Ignorantia legis non excusat-

Ignorantia facti excusat-

Mistake of fact- is a misapprehension of fact on the part of the person who caused injury to
another. He is not liable for absence of criminal intent.

REQUISITES OF MISTAKE OF FACT:

1. The act would have been lawful had the facts been as the accused believed them to be.
2. The intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the accused

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 Case: U.S. vs. Ah Chong 15 Phil 488
People vs. Oanis 74 Phil 2572

Actus non facit reum nisi mens sit rea- the act itself does not make a man guilty unless his
intention was so.

Actus me invito factus nonest meus actus- an act done by me against my will is not my act.

CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA:

MALA IN SE MALA PROHIBITA

1. Those so serious as to call for unanimous Violations of mere rules of convenience
condemnation designed to secure a more orderly regulation of
society’s affairs
2. wrongful in nature 2. made wrongful only by statute
3. generally punished by the RPC 3. punished by special law
4. intent is necessary 4. intent not necessary

Motive- the moving power which impels one to action for a definite result. Intent is the
purpose to use a particular manes to effect such result. Motive is not an element of a crime and
need not be proved. Intent is an element and must be proved.

Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful

act done be different from that which he intended.

2. By any person performing an act which would be an offense

against persons or property, were it not for the inherent
impossibility of its accomplishment or an account of the
employment of inadequate or ineffectual means.

Rationale of Par. 1- el que es causa de la causa es causa del mal causado- he who is the cause of
the cause is the cause of the evil caused.

Article 4 (1) may refer to either:

a. Error in personae- mistake in identity of victim

b. Aberratio Ictus- mistake in blow
c. Praeter Intentionem- result done is greater than that originally intended.

REQUISITES OF ART. 4 (1)

1. An intentional Felony has been committed.

2. The wrong done to the victim be the direct, natural and logical consequence of the felony
committed by the offender.
3. The felony done must be the proximate cause of the resulting injury. Proximate cause- is
that cause which in the ordinary and continuous sequence, unbroken by any efficient
intervening cause produces the injury. Efficient intervening cause- are those that break
the relation of cause and effect. The felony committed is not the proximate cause of the
resulting injury when:
1. there is an active force that intervened between the felony committed and the resulting
injury;
2. the resulting injury is due to the intentional act of the accused.

IMPOSSIBLE CRIMES- those crimes which would have been committed against person or
property were it not for the inherent impossibility of its accomplishment or on account of the

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The accused both police officers were convicted of murder when both shot a notorious criminal while the
latter was caught sleeping on his bed. The two argued that the deceased was very dangerous. This argument
was debunked.

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employment of inadequate or ineffectual means. The purpose of the law in punishing impossible
crime is to suppress criminal propensities or tendencies. The penalty for impossible crime is
arresto mayor or fine of P200-500 (Article 59).

REQUISITES OF IMPOSSIBLE CRIMES

1. The act performed would have been an offense against persons or property.
2. The act was done with evil intent
3. Its accomplishment is inherently impossible because it the means either inadequate or
ineffectual
4. The act does not constitute another violation of the RPC.

Art. 5. Duty of the court in connection with acts which should be

repressed but which are not covered by the law, and in cases of
excessive penalties. — Whenever a court has knowledge of any act
which it may deem proper to repress and which is not 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 said act should be made the subject of
legislation.

In the same way, the court shall submit to the Chief Executive, through
the Department of Justice, such statement as may be deemed proper,
without suspending the 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 degree of
malice and the injury caused by the offense.

Art. 6. Consummated, frustrated, and attempted felonies. —

Consummated felonies as well as those which are frustrated and
attempted, are punishable.

A felony is consummated when all the elements necessary for its

execution and accomplishment are present; and it is frustrated when the
offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a

felony directly or over acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident
other than this own spontaneous desistance.

STAGES IN THE EXECUTION OF A FELONY

1. Consummated- when all the elements necessary for its accomplishment and execution are
present
2. Frustrated- when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless do not produce it by reason of causes
independent of the will of the perpetrator.
3. Attempted- when the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous desistance.

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 DEVELOPMENT OF A CRIME

1. Internal acts- these are the mere ideas in the mind of a person

2. External acts-

a. Preparatory act- ordinarily not punishable

b. Acts of execution- they are the stages. Already punishable.

ATTEMPTED FELONY REQUISITES

a. Offender commences the commission of a felony directly by overt acts

b. He does not perform all the acts of execution
c. He is not stopped by his own spontaneous desistance
d. The non performance of the all acts of execution was due to cause or accident other than
his own spontaneous desistance.

When is a felony commenced by overt acts?

a. there must be external act;
b. the external act must have direct connection with the crime intended to be committed.

Case: People vs. Lamahang 61 Phil 703

INDETERMINATE OFFENSE- It is one where the purpose of the offender in performing

an act is not certain

Case: People vs. Baleros 483 SCRA 103

PREPARATORY ACT vs OVERT ACT

Overt Act- some physical activity or deed more than a mere planning or preparation, which if
carried out to its complete termination following its natural course. Without being frustrated by
external obstacles nor by the voluntary desistance of the perpetrator, will logically and naturally
ripen in a concrete offense.

Rational for spontaneous desistance: A sort of reward to those who heed the call of conscience
and return to the path of righteousness. But the desistance should be made before all the acts of
execution are performed.

FRUSTRATED FELONY REQUISITES

1. Offender performs all the acts of execution

2. Felony is not produced
By reason of cause independent of the will of the perpetrator

Q: How to determine whether a crime is attempted, frustrated or consummated?

A: See the following:
a. the elements present
b. the nature of the offense
c. the manner of the commission of the crime

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Supreme Court said: “it would be too strained to construe petitioner’s act of pressing a chemical-soaked
cloth in the mouth of Malou which would induce her to sleep as an overt act that will logically and
naturally ripen into concrete rape. Petitioner did not commence at all the performance of any act indicative
of an intent or attempt to rape Malou. It cannot be overemphasized that petitioner was fully clothed and that
there was no attempt on his part to undress Malou. For what reason petitioner wanted the complainant
unconscious, if that was really his immediate intention, is anybody’s guess.” His act of embracing and
kissing Malou, mashing her breast, inserting his hand inside her panty and touching her sexual organ, while
obscene and detestable acts, do not constitute attempted rape absent any showing that he actually
commenced to force his penis into the complainant’s sexual organ.

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 FORMAL CRIMES vs. MATERIAL CRIMES

Formal crimes- are crimes consummated in one instant. There is only one stage and that is
consummated stage. Material crimes have three stages of execution, attempted,
frustrated4 and consummated.

Art. 7. When light felonies are punishable. — Light felonies are

punishable only when they have been consummated, with the exception
of those committed against person or property.chan robles virtual law
library

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and

proposal to commit felony are punishable only in the cases in which the
law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement

concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.

Conspiracy and Proposal to Commit a Felony- are punishable only in the cases in which the law
specifically provides a penalty therefore.

Cases where mere conspiracy is already punishable:

1. Conspiracy to commit treason (Art.115);

2. Conspiracy to commit rebellion or insurrection (Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce (Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1602.

Cases where mere proposal is already punishable:

1. Proposal to commit treason (Art. 115);

2. Proposal to commit rebellion or insurrection (Art. 136).

“Act of One is Act of All.”

Art. 9. Grave felonies, less grave felonies and light felonies. —

Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
accordance with Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties
which in their maximum period are correctional, in accordance with the
above-mentioned Art..

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In People vs. Aca-ac 357 SCRA 373 the Court said: “For the consummation of rape perfect penetration is
not essential. Any penetration of the female organ by the male organ is sufficient. Entry of the labia or lips
of the female organ, without rupture of the hymen, is sufficient to warrant conviction. Taking into account
the nature, elements, and manner of execution of the crime of rape and jurisprudence on the matter, it is
hardly conceivable how the frustrated stage in rape can ever be committed.

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Light felonies are those infractions of law for the commission of which a
penalty of arrest menor or a fine not exceeding 200 pesos or both; is
provided.

CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY

Grave felonies- are those to which the law attaches the capital punishment or penalties which
in any of their period are afflictive. Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional. Light felonies are infraction of laws
for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or
both is provided.
PRINCIPAL PENALTIES

Capital Punishment:
Death

Afflictive Penalties

Reclusion perpetua- 20 yrs.+1 day to 40 yrs.

Reclusion temporal- 12 yrs.+1 day-20 yrs
Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs.
Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs.
Prision Mayor-6 yrs. + 1 day to 12 years

Correctional penalties

Prision correctional- 6 mos.+ 1 day to 6 yrs.

Arresto mayor-1 month + 1 day to 6 mos.
Suspension- 6 mos+1 day to 6 yrs.
Destierro- 6 mos. +1 day to 6 yrs.

Light penalties:

Arresto menor- 1 day to 30 days

Public censure
ACCESSORY PENALTIES

Perpetual or temporary absolute disqualification

Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for
Civil Interdiction
Indemnification
Forfeiture or confiscation of instrument sand proceeds of the offense
Payment of cost

________________________________________________________________________

Art. 10. 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 Code. This Code shall be
supplementary to such laws, unless the latter should specially provide
the contrary.

Special Law- a law which defines and punishes act not found in the RPC

CIRCUMSTANCES AFFECTING ONES CRIMINAL LIABILITY

1. Justifying Circumstances

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2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances

Imputability- the quality by which a criminal act maybe pinpointed to another as its doer or
author.
Responsibility- is the obligation of an offender in suffering the consequences of a crime.

JUSTIFYING CIRCUMSTANCES

Justifying circumstances- those where the act of a person is said to be in accordance with the
law. As a consequence he is freed from criminal and civil liability.

Enumerate the Justifying Circumstances:

1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.

Long (Complete) Version Short Version

1. Anyone who acts in defense of his person or rights
2. Any one who acts in defense of the person or rights of
his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity
within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in
case the revocation was given by the person attacked,
that the one making defense had no part therein.

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 article are
present and that the person defending be not induced by
revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury,
does not act which causes damage to another, provided
that the following requisites are present:

First: That the evil sought to be avoided actually exists;

Second: That the injury feared be greater than that done

to avoid it;

Third: That there be no other practical and less harmful

means of preventing it.

5. Any person who acts in the fulfillment of a duty or in

the lawful exercise of a right or office.

6. Any person who acts in obedience to an order issued

by a superior for some lawful purpose.

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Q: Who has the burden to prove self defense?
A: _____

REQUISITES OF SELF DEFENSE

1. Unlawful aggression;5
2. Reasonable necessity of the means employed to prevent or repel it;
3. Lack of sufficient provocation on the part of the person defending himself

Unlawful aggression- is assault or at least threatened assault of an immediate and imminent kind.

* When the aggressor fees, there is no more unlawful aggression

* But when he retreats to take advantage of a better position, unlawful aggression still exists
* There is no unlawful aggression when there is an agreement to a fight.
* Rights involved in self defense includes defense of honor and property.

Retreat to the wall doctrine Stand ground when in the right

1. An ancient common law rule in homicide
which made it the duty of a person assailed to
retreat as far as he can before he is justified in
meeting force with force
2. no longer followed in the Philippines
A rule which states that where the accused is
where he has the right to be, the law does not
require him to retreat when his assailant is
advancing upon him with a deadly weapon.
it is currently the rule in the Philippines

Case: People vs. Jaurigue 76 Phil 174

People vs. Apolinar 38 OG 28706

* The belief of the accused is considered in determining the existence of unlawful aggression.
* But a mere threatening attitude is not unlawful aggression.
* Cases where the unlawful aggressor is disarmed
* The defender must not indiscriminately fire his weapon

TEST OF REASONABLENESS IN DETERMINING WHETHER THERE IS SELF

DEFENSE.7

1. Nature of the weapon used by the aggressor

2. Quality of his weapon
3. The physical conditions of both parties
4. Place of the aggression and others8.

Provocation- any unjust or improper conduct on the part of the offended party capable of
inciting or irritating any one.

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Unlawful aggression is the first and indispensable requisite of self defense. Self defense may also include
defense of honor, property and others of a kindred kind. Mere or light push is not unlawful aggression. So
as insulting words or foot kick greeting.. But a slap on the face is unlawful aggression. The mere thrusting
into one’s pocket as if for the purpose of drawing a weapon is not unlawful aggression. Even the cocking of
a rifle without aiming the firearm at any particular target is not unlawful aggression.
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The accused saw a man stealing a sack of palay from his Riceland. He shot the thief while running away.
He was convicted and made liable.
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Reasonable necessity of the means employed does not imply material commensurability between the
means of attack and defense. What the law requires is a rational equivalence, in the consideration of which
will enter as principal factors the emergency, the imminent danger to which the person attacked is exposed,
and the instinct more than reason, that moves or impels the defense.
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In People vs. Ubaldo 367 SCRA 432 the Supreme Court declared that the means used by the defender
was unreasonable, because the number of the gunshot wounds inflicted on the deceased shows that the
means employed were hardly reasonable at all. The nature and number of wounds inflicted upon the victim
are important indicia which disprove self defense. The multiple gunshot wounds inflicted upon the
deceased show that appellant’s act was not one of self defense, but was a determined and purposeful attack
upon the victim.

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THINGS TO REMEMBER IN PROVOCATION :

1. There must be no provocation made by the one claiming self defense;

2. Even if provocation was given, it must be sufficient provocation;
3. Even if the provocation was sufficient, but it was not given by the person claiming self-
defense then there is self defense.

DEFENSE OF RELATIVES REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one making the defense had no
part therein.

* Relatives by affinity are those created by marriage such as parents in law, sons and daughters in
law
* Relatives by consanguinity are relatives by nature or by blood relations. Siblings are within the
2nd civil degree, whereas uncle and niece or aunt and nephew are within the 3rd civil degree, first
cousins are within the 4th civil degree.

DEFENSE OF STRANGERS9 REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. The person defending be not induced by revenge, resentment or other evil motive.

AVOIDANCE OF GREATER EVIL REQUISITES

1. That the evil sought to be avoided actually exists;

2. That the injury feared be greater than that done to avoid it;
3. That there be no other practical and less harmful means of preventing it

FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE

REQUISITES

1. The accused acted in the performance of duty or in the lawful exercise of a right or office.
2. The injury caused is the consequence of the due performance10 of duty or the lawful exercise of
such right or office.

Case: People vs. De Lima 46 Phil. 73811

DOCTRINE OF SELF HELP- states that the owner or the lawful possessor of a thing has the
right to exclude any person from the enjoyment and disposal thereof. Thus he may use such force
as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical
invasion or usurpation of his property. (Art. 429 Civil Code)

OBEDIENCE TO ORDER ISSUED BY A SUPERIOR REQUISITES

1. A lawful order has been issued by a superior;

2. The means used by the accused subordinate to carry out said order is lawful

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Strangers- are those not included in the enumeration of relatives in Art. 11 (2)
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In Baxinela vs. People 485 SCRA 331, a policeman was held guilty when he shot at somebody who had
a gun tucked around his waist. When he shot the offended party the latter was not at all resisting. The
shooting of the offended party cannot be considered due performance of a duty if at that time the offended
party posed no serious threat or harm to Baxinela or the civilians in the pub.
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Here, a fugitive was escaping from a policeman. In order to prevent the continued and imminent escape
of the fugitive, the policeman fired at the fugitive. The Supreme Court acquitted the policeman, on the
ground that the killing was done in the fulfillment of duty. But in People vs. Lagata, a jail guard shot to
death a prisoner whom he thought was escaping. The Supreme Court affirmed the conviction of the jail
guard for homicide because the facts showed that the prisoner was not at all trying to escape. The SC said
that the jail guard could only fire at the prisoner in self defense or if absolutely necessary to avoid his
escape.

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 EXEMPTING CIRCUMSTANCES

Exempting Circumstances- are those grounds for exemption from punishment because there
is wanting in the agent of the crime any of the conditions which make the act voluntary or
negligent.

ENUMERATE THE EXEMPTING CIRCUMSTANCES:

1. Imbecility; Insanity (unless the latter acted during a lucid interval)

2. A person under 9
3. A person over 9 and under 15 unless he has acted with discernment.
4. Accident
5. Uncontrollable fear
6. Lawful or insuperable cause.

Long (Complete) Version Short Version

1. An imbecile or an insane person, unless the latter has
acted during a lucid interval.

When the imbecile or an insane person has committed an act

which the law defines as a felony (delito), the court shall
order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be
permitted to leave without first obtaining the permission of
the same court.
2. A person under nine years of age. (Repealed by RA 9344)
3. A person over nine years of age and under fifteen, unless
he has acted with discernment, in which case, such minor
shall be proceeded against in accordance with the provisions
of Art. 80 of this Code. (Repealed by RA 9344)
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.
5. Any person who act under the compulsion of irresistible
force.
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law,
when prevented by some lawful insuperable cause.

Imbecile- One who is old but has a mental development similar to children between the ages
2-7 years.

Insanity12- one which exists when there is a complete deprivation of intelligence in

committing the criminal act, that is the accused is deprived of reason and acts without the least
discernment.

Q: who has the burden to prove insanity?

A: _____

INSANITY AT THE TIME OF THE COMMISSION OF THE CRIME vs. INSANITY AT

THE TIME OF TRIAL

A PERSON UNDER 9

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The condition known as dementia praecox is covered by the term insanity. So as Epilepsy may be
covered by the term insanity. However, that Kleptomania is also covered is still a debatable proposition.
Somnambulism may be a cause for exemption for lack of criminal intent.

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A PERSON OVER 9 BUT UNDER 15 UNLESS HE ACTED WITH DISCERNMENT
(OLD LAW)

Discernment- the mental capacity of a minor to distinguish between right from wrong and to
fully appreciate the consequences of his felonious acts. It may be shown by:
a. manner of committing the crime;
b. conduct of the offender
c. such other circumstances13

REPUBLIC ACT 9343- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE

JUSTICE AND WELFARE SYSTEM (Juvenile Justice and Welfare Act of 2006)

Child in Conflict with the Law- a child who is accused or adjudged of having committed an
offense.

Initial contact with the child- refers to the apprehension of a child in conflict with the law by
officers or private citizens.

Status Offense- offenses which discriminate only against a child while an adult does not
suffer any penalty for committing similar acts. Examples are: curfew violations, truancy, parental
disobedience.

Section 6 RA 9344 says: A child 15 years of age or under at the time of the commission
of the offense shall be exempt from criminal liability.

A child above 15 years but below 18 shall likewise be exempt from criminal liability and
be subjected to intervention program unless he has acted with discernment.

Section 58 of the same law says: Persons below 18 years of age shall be exempt from
prosecution for the crime of vagrancy and prostitution, of mendicancy under PD 1563 and
sniffing of rugby under PD 1619.

ACCIDENT REQUISITES

1. A person performs a lawful act;

2. With due care;
3. He causes an injury to another;
4. Without fault or intention of causing it.

Case: US vs. Tanedo 15 Phil 19614

IRRESISTIBLE FORCE

Irresistible force- a force which produces such an effect upon an individual that, in spite of all
resistance, it reduces him to a mere instrument and as such incapable of committing a crime

UNCONTROLLABLE FEAR

The exempting circumstance of uncontrollable fear presupposes that the accused is

compelled by means of threat or intimidation by a third person to commit a crime.

LAWFUL OR INSUPERABLE CAUSE

ABSOLUTORY CAUSES

1. Art 247. Death or physical injuries under exceptional circumstances

13
Such may include: offender’s attempt to silence the victim, or his hiding of the corpus delicti or disposal
of the evidence, or his utterances and or overt acts before, during and after the commission of the crime.
14
Here the accused was aiming his gun towards a wild chicken. However the bullet ricochets and hit a
bystander. The accused was exempted based on the defense of accident.

13
2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. Instigation – one which takes place when a peace officer induces a person to commit a crime.
Without the inducement, the crime would not be committed. It exempts one from criminal
liability.

ENTRAPMENT vs. INSTIGATION

ENTRAPMENT
1. Ways and means are resorted to for the
purpose of trapping and capturing the
lawbreaker in the execution of his plans
2. The intent to violate the law originated from
the accused himself
3. Not an absolutory cause hence does not
exempt from criminal liability
INSTIGATION
Here, the police practically induces the
accused into the commission of the offense and
he himself becomes a co-principal
The intent to violate the law did not originate
from the accused as he was induced only by the
police to perform a criminal act
An absolutory cause that exempts one from
criminal liability

PEOPLE OF THE PHILIPPINES vs. MARIVIC GENOSA 419 SCRA 542

(BATTERED WOMAN SYNDROME)

Battered Wife- a woman who is repeatedly subjected to any forceful physical or

psychological behavior by a man in order to do something he wants her to do without concern for
her rights. It includes wives or woman in any form of intimate relationship with a man. The
couple must go through the battering cycle at least twice.

Q: What are the cycles of violence in BWS?

A: 1. Tension Building Stage- where minor battering occurs
2. Acute Battering Incident- characterized by brutality, destructiveness and death.
3. Tranquil or loving phase- The batterer shows loving caring nurture to the victim.

The Juan Luna Parricide Incident

MITIGATING CIRCUMSTANCES

Mitigating circumstances-those which if present in the commission of a crime, do not

entirely free the actor from criminal liability but reduces only the penalty.

ENUMERATE THE MITIGATING CIRCUMSTANCES

1. Incomplete justifying or exempting circumstance

2. Under 18
3. No intention to commit so grave a wrong (praeter intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.

Long (Complete) Version Short Version

1. Those mentioned in the preceding chapter, when all the
requisites necessary to justify or to exempt from criminal
liability in the respective cases are not attendant. 15

15
The penalty would be one or two degrees lower in the period which the court may consider proper than
that prescribed by law, provided majority of the conditions are present (Article 69).

14
2. That the offender is under eighteen year of age or over
seventy years. In the case of the minor, he shall be proceeded
against in accordance with the provisions of Art. 80.
(Correlate with RA 9344)
3. That the offender had no intention to commit so grave a
wrong as that committed.
4. That sufficient provocation or threat on the part of the
offended party immediately preceded the act.
5. That the act was committed in the immediate vindication of
a grave offense to the one committing the felony (delito), his
spouse, ascendants, or relatives by affinity within the same
degrees.
6. That of having acted upon an impulse so powerful as
naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a
person in authority or his agents, or that he had voluntarily
confessed his guilt before the court prior to the presentation of
the evidence for the prosecution.
8. That the offender is deaf and dumb, blind or otherwise
suffering some physical defect which thus restricts his means
of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise
of the will-power of the offender without however depriving
him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature
and analogous to those above mentioned.

ORDINARY MITIGATING CIRCUMSTANCES vs. PRIVILEGED MITIGATING

CIRCUMSTANCES

NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT COMMITTED

Q: How to determine the lack of grave intention to commit the offense?

A: Consider the following:
a. the weapon used
b. nature of the injury
c. part of the body targeted

* This mitigating circumstance is invocable only in felonies resulting in some physical harm like
physical injuries, homicide etc.

SUFFICIENT PROVOCATION OR THREAT IMMEDIATELY PRECEDED THE ACT

Case: People vs. Marquez 53 Phil 26016

IMMEDIATE VINDICATION OF A GRAVE OFFENSE

PROVOCATION vs. IMMEDIATE VINDICATION

PROVOCATION VINDICATION
1. Provocation is made only to the person In vindication, the grave offense may be
committing the felony committed against the spouse, the ascendants,
descendants, brothers or sisters or relatives by
affinity within the same degree of the offender.

16
The accused husband saw a shadow of a man jumping down from the window of his house where his
wife was at the time. Upon confronting his wife as to who was that man, the wife immediately begged for
pardon. The husband did an offense against the wife. The husband was convicted but in his favor, the
mitigating circumstance of “immediate provocation” was considered.

15
2. In provocation the provocation need not be In vindication, the offended party must have
grave done a grave offense to the offender or his
relatives
3. In provocation, the provocation or threat 3. In vindication, the vindication of the grave
must immediately preceded the act offense may be proximate, which admits of
interval of time between the commission of the
grave offense and the commission of the crime
by the accused.

PASSION OR OBFUSCATION REQUISITES:

1. There is an act unlawful and sufficient to produce passion or obfuscation;

2. The act which produced such emotion must not be far removed from the commission of the
crime, during which the accused might recover his normal equanimity

VOLUNTARY SURRENDER

* Voluntary surrender must be made to a person in authority or his agents

* A surrender is voluntary when it is spontaneous in such a manner that it shows the interest of
the accused to surrender voluntarily to the authorities either because he acknowledges his guilt or
wishes to save the authorities the expenses incurred in his search.

VOLUNTARY CONFESSION OF GUILT/PLEA OF GUILTY REQUISITES

1. It must be made in open court

2. It must be made prior to the presentation of evidence of the prosecution

DEAF, DUMB, BLIND AND OTHER PHYSICAL DEFECTS

ILLNESS AS WOULD DIMINISH THE EXERCISE OF THE WILL POWER

OTHER ANALOGOUS CASES

AGGRAVATING CIRCUMSTANCES

Aggravating Circumstances- are those which if attendant in the commission of the offense,
would serve to increase the penalty.

ENUMERATION OF AGGRAVATING CRCUMSTANCES:

1. Advantage of public position

2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling
of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their
duties, or place of religious worship
6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premiditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16 Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle

16
21. Cruelty

Long (Complete) Version Short Version

1. That advantage be taken by the offender of his public
position..
2. That the crime be committed in contempt or with insult to
the public authorities.
3. That the act be committed with insult or in disregard of
the respect due the offended party on account of his rank,
age, or sex, or that is be committed in the dwelling of the
offended party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or
obvious ungratefulness.
5. That the crime be committed in the palace of the Chief
Executive or in his presence, or where public authorities are
engaged in the discharge of their duties, or in a place
dedicated to religious worship.
6. That the crime be committed in the night time, or in an
uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the offense.
7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune.
8. That the crime be committed with the aid of armed men
or persons who insure or afford impunity.
9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime,
shall have been previously convicted by final judgment of
another crime embraced in the same title of this Code.
10. That the offender has been previously punished by an
offense to which the law attaches an equal or greater penalty
or for two or more crimes to which it attaches a lighter
penalty.
11. That the crime be committed in consideration of a price,
reward, or promise.
12. That the crime be committed by means of inundation,
fire, poison, explosion, stranding of a vessel or international
damage thereto, derailment of a locomotive, or by the use of
any other artifice involving great waste and ruin.
13. That the act be committed with evidence premeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means
be employed to weaken the defense.
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.
17. That means be employed or circumstances brought
about which add ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime a

17
wall, roof, floor, door, or window be broken
19. That as a means to the commission of the crime a wall, roof,
floor, door, or window be broken.
20. That the crime be committed with the aid of persons
under fifteen years of age or by means of motor vehicles,
motorized watercraft, airships, or other similar means.
21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not
necessary for its commissions.

ADVANTAGE OF PUBLIC POSITION

Case: Fortuna vs. People 15 December 2000 348 SCRA 270 17

IN CONTEMP OF OR WITH INSULT TO PUBLIC AUTHORITIES

INSULT OR DISRESPECT OF THE RANK, AGE OR SEX

* This aggravating circumstance is applicable only in crimes against honor or persons

CRIME COMMITTED IN THE DWELLING OF THE OFFENDED PARTY

ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS

PALACE OF THE PRESIDENT, OR IN HIS PRESENCE, OR PLACES WHERE

PUBLIC AUTHORITIES ARE ENGAGED IN DUTIES, OR PLACE OF RELIGIOUS
WORSHIP.

NIGHTIME- that period of darkness beginning at end of dusk and ending at dawn..

* Not aggravating if crime commenced in daytime

* If the locus criminis is lighted no aggravating of nighttime

UNINHABITED PLACE- one where there are no houses or where the houses are scattered at a
great distance from each other

BAND- whenever more than three armed malefactors shall have acted together in the commission
of an offense, it shall be deemed to have been committed by a band.

Q: When is nightime, uninhabited place and band aggravating?

A: 1. When the offender took advantage thereof for the purpose of impunity
2. When specially sought for by the offender to insure the commission of the crime
3. When it facilitated the commission of the crime.

ON THE OCCASION OF CONFLAGRATION, SHIPWECK, EARTHQUAKE OTHER

CALAMITY OR MISFORTUNE
AID OF ARMED MEN/AID OF PERSONS WHO INSURE OR AFFORD IMPUNITY

RECIDIVIST- one who at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the Revised Penal
Code.

OFFENDER HAS BEEEN PREVIUOSLY PUNISHED FOR:

1. An offense to which the law attaches an equal or greater penalty or
2. For two or more crimes to which it attaches a lighter penalty

* This aggravating circumstance is known as REITERATION.18

17
Here, the police officers used their position to execute a sort of “hulidap” against the victims.

18
PRICE REWARD OR PROMISE

INUNDATION, FIRE, POISON, EXPLOSION, STRANDING OF A VESSEL,

DERAILMENT OF LOCOMOTIVE OR USING ANY ARTIFICE INVOLVING GREAT
WASTE AND RUIN

EVIDENT PREMEDITATION- it involves a determination to commit the crime prior to the

moment of its execution and also to carry out the criminal intent which must be the result of
deliberate, calculated and reflective thoughts through a period of time sufficient to
dispassionately consider and accept the consequences thereof, thus indicating greater perversity

Q: What is the essence of evident premeditation?

A: The essence of evident premeditation is that the execution of the criminal act must be
preceded by cool thought and reflection upon the resolution to carry out the criminal intent during
the space of time sufficient to arrive at a calm judgment.

Q: What are the requisites of evident premeditation?

A: 1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his determination;
3. A sufficient lapse of time between the determination and execution, to allow him to reflect
upon the consequences of his act and to allow his conscience to overcome the resolution of his
will.

* The latest ruling is that premeditation is not aggravating when the victim is different from that
intended19

CRAFT- is a circumstance characterized by trickery or cunning resorted to by the accused, to

carry out his design. It is the use of intellectual trickery and cunning on the part of the accused.

FRAUD- insidious words or machinations used to induce the victim to act in a manner which
would enable the offender to carry out his design.
DISGUISE- it involves the deliberate effort of the accused to conceal his identity in the
commission of the crime.

USE OF SUPERIOR STRENGHT OR MEANS EMPLOYED TO WEAKEN THE

DEFENSE.

TREACHERY20- 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.

IGNOMINY- is a circumstance pertaining to the moral order, which adds disgrace and obloquy
to the material injury caused by the crime. It is a circumstance that tends to make the effects of
the crime more humiliating, thus adding to the victim’s moral sufferings.

Case: People v. Bumidang: 04 Dec. 2000 346 SCRA 80721

People vs. Siao- 3 march 2000 327 SCRA 26922

18
There are four forms of criminal repetition under the Penal Code. They are: a. recidivism, b. reiteration
or habituality c. habitual delinquency and d. quasi recidivism
19
People vs. Ventura 5 July 2004 433 SCRA 389. However, if it is shown that the conspirators wee
determined to kill not only the intended victim but also anyone who may help put a violent resistance, then
evident premeditation will be appreciated.
20
In People vs. Jarolon 404 SCRA 564, SC said: The killing of a minor who, because of their tender age,
could not be expected to put up a defense, is considered attended with treachery even if the manner of the
attack is not shown. The killing is hence, qualified to murder. Also treachery may also be appreciated in the
crime of robbery with homicide although this complex crime is predominantly a crime against property.
21
The accused used a flashlight and examined the genital of the rape victim before raping her.
22
Here the accused raped the victim doggie style

19
UNLAWFUL ENTRY- there is unlawful entry when an entrance is affected by a way not
intended for the purpose.

WALL, ROOF, FLOOR, DOOR OR WINDOW BE BROKEN

AID OF PERSONS UNDER 15 YEARS OF AGE

USE OF MOTOR VEHICLES,23 AIRSHIPS OR OTHER SIMILAR MEANS

CRUELTY- a circumstance whereby the offender enjoys and delights in making his victim
suffer slowly and gradually, causing him unnecessary physical pain in the consummation of his
criminal act.

Case: People vs. Guerrero 19 September 2002 389 SCRA 38924

* Under RA 8294 6 July 1997, the use of unlicensed firearm merely becomes an aggravating
circumstance if murder or homicide was committed with the use thereof. But if the unlicensed
firearm is used in the commission of any crime25, there can be no separate offense of illegal
possession of firearm.

FOUR KINDS OF AGGRAVATING CIRCUMSTANCE26:

1. Generic- generally applies to all crimes.

2. Inherent- that must necessarily accompany the commission of a crime
3. Qualifying- that which changes the nature of the crime
4. Specific- Those that apply only to a particular crime.

ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. — Alternative circumstances are those which

must be taken into consideration as aggravating or mitigating according
to the nature and effects of the crime and the other conditions attending
its commission. They are the relationship, intoxication and the degree of
instruction and education of the offender.

The alternative circumstance of relationship shall be taken into

consideration when the offended party in the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or relative
by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a

mitigating circumstances when the offender has committed a felony in a
state of intoxication, if the same is not habitual or subsequent to the
plan to commit said felony but when the intoxication is habitual or
intentional, it shall be considered as an aggravating circumstance.

Alternative Circumstance- are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the other conditions attending its
commission.

Q: What are the three alternative circumstances?

23
If the motor vehicle is used only for escaping there is no aggravating circumstance.
24
It was intimated by the Supreme court that there would have been cruelty had the victim’s penis was cut-
off by the offender prior to the victim’s actual killing. In this case the cutting off the penis was considered
as outraging or scoffing at ones corpses under par. 5 Article 248.
25
Such as alarms and scandals or slight physical injuries punishable by arresto menor.
26
Under the new rules on criminal procedure, the qualifying and aggravating circumstances must be
alleged in the information. Otherwise they may not be appreciated. However in cases where they are not
alleged, they may nevertheless, be considered in the award of damages.

20
A: 1. Relationship27
2. Intoxication
3. Degree of instruction and education of the offender.

PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. — The following are criminally liable for
grave and less grave felonies:
1. Principals.

2. Accomplices.

3. Accessories.

The following are criminally liable for light felonies:

1. Principals

2. Accomplices.

WHO ARE THE PERSONS WHO MAY BE CRIMINALLY LIABLE (Degree of participation)

1. Principals
2. Accomplices
3. Accessories

* Active and Passive Subject of the crime

Art. 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.

THREE CLASSIFICATIONS OF PRINCIPALS

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

2. Those who directly forced or induced 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

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

WHO/WHAT IS AN ACCOMPLICE?

Accomplices- are those persons who not being principals, cooperate in the execution of an
offense by previous or simultaneous acts.

27
Relationship is aggravating in crimes against persons when the parties are of the same level such as a
brother killing a brother.

21
Art. 19. Accessories. — 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 following manners:chan robles virtual law
library

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

principals 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.

Art. 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 preceding article.

WHO ARE THE ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILTY?

The spouse, ascendants, descendants, brothers and sisters or relatives by affinity within the
same degree. (Note: Except paragraph one)

Penalty- is the suffering inflicted by the State for the transgression of the law.

JURIDICAL CONDITIONS OF PENALTY

1. Must be commensurate with the offense

2. Must be personal
3. Certain
4. Legal

JUSTIFICATION FOR THE IMPOSITION OF PENALTY

1. Exemplarity
2. Justice
3. Prevention
4. Reformation
5. Self Defense

LIFE IMPRISONMENT vs. RECLUSION PERPETUA

LIFE IMPRISONMENT RECLUSION PERPETUA
1. does not have specific duration Has duration of 30 years after which convict
becomes pardonable but the maximum period
shall not exceed 40 years.

22
2. imposed for violations of special laws Imposed for violations of felonies punishable
under the Revised Penal Code
3. does not have accessory penalties Has accessory penalties

Q: What penalty may be imposed by the state? (Prospective character)

A: No felony shall be punishable by any penalty not prescribed by law prior to its commission
(Art.21)

Q: When may penal laws have retroactive effects?

A: Penal laws shall have retroactive effect in so far as they favor the person guilty of a felony,
who is not a habitual criminal (art. 22)

Q: What is the effect of pardon by the offended party?

A: A pardon by the offended party does not extinguish criminal action except as provided in
article 344. But civil liability with regard to the interest of the injured party is extinguished by his
express waiver (Art.23)

Q: When is fine afflictive, correctional or light in character?

A: 1. It is afflictive if it exceeds P6000.
2. It is correctional if it does not exceed P6000 but is not less than P200
3. It is light if it is less than P200.

Q: Explain the concept of preventive imprisonment.

A: 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:
1. when they are recidivist, or have been convicted previously twice or more times of any
crime;
2. when upon being summoned for the execution of their sentence they failed to surrender
voluntarily.(Article 29)

Note: An accused undergoes preventive imprisonment when the offense charged is non bailable
or even if bailable he cannot furnish the required bail. Now if an accused 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 4/5 of the time during which he has undergone preventive
imprisonment.

Q: What is civil interdiction?

A: It is an accessory penalty which has the effects of depriving 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.

Q: What is bond to keep the peace?

A: It is an accessory penalty which has the effect of requiring the person sentenced to it to present
two sureties who shall undertake that such person will not commit the offense sought to be
prevented, and 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 court to
guarantee said undertaking. If the person sentenced fail to give the bond as required he shall be
detained for a period not exceeding six months if he shall have been prosecuted for grave or less
grave felony, and shall not exceed thirty days, if for a light felony.

Q: What is the effect of pardon (by the President)?

A: A pardon shall not work the restoration of the right to hold public office, or the right of
suffrage, unless such rights be expressly restored by the terms of the pardon. It shall also not
exempt the culprit from the payment of the civil liability imposed upon him by the sentence.

Pardon- is an act of grace proceeding from the power entrusted with the execution of the laws
which exempts the individual on whom it is bestowed from the punishment the law inflicts for the
crime he has committed. A pardon may either be a conditional or absolute.

23
LIMITATIONS ON THE PARDONING POWER OF THE PRESIDENT

1. Pardon can be exercised only after conviction;

2. This power cannot be extended to cases of impeachment
3. No pardon involving violations of elections laws, shall be granted without the favorable
recommendation of the Comelec.

PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE OFFENDED PARTY

PARDON OF THE PRESIDENT PARDON OF THE OFFENDED PARTY

1. Extinguishes the criminal liability of the It does not extinguish the criminal liability of
offender the offender
2. It does not include the civil liability to pay The offended party can waive the civil liability
of the offender
3. Granted only after conviction Must be made before the institution of the
criminal action in cases where the law allows
pardon by the offended party. Also it must be
extended to both offenders.

ENUMERATE THE PROPER ORDER OF PAYMENT OF THE PECUNIARY LIABILITIES

OF THE OFFENDER:

1. Reparation of the damage caused

2. Indemnification of consequential damages
3. The fine
4. Cost of the proceedings (Art.38)

Q: What is subsidiary imprisonment/penalty?

A: It is a personal liability to be suffered by the convict who has no property to pay the fine at
the rate of one day for each eight pesos. (Art. 39)

RULES TO BE OBSERVED IN SUBSIDIARY IMPRISONMENT

1. When the principal penalty is higher than prision correctional no subsidiary

imprisonment shall be impose.
2. If the principal penalty be prison correctional or arresto and fine, his subsidiary
imprisonment shall not exceed 1/3 of the term of the sentence, and in no case shall it
continue for more than one year
3. When the principal penalty is only fine, subsidiary imprisonment shall not exceed six
months, if the offender is prosecuted for grave or less grave felonies, and shall not exceed
15 days if for a light felony.
4. The subsidiary penalty which he may have suffered shall not relieve him from the fine in
case his financial circumstances should improve. (Art.39)

Note: Articles 40-44 are merely enumeration of accessory penalties for each penalty.

Q: What is to be done to the proceeds or instrument of a crime?

A: 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. They shall be
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.
(Art.45)

Q: What is a complex crime?

A: There is a complex crime when a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other. (In which case the
penalty for the more serious crime shall be imposed in its maximum period-Art 48).28

28
Our rules on complex crime follow the pro reo principle

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TWO KINDS OF COMPLEX CRIMES:

1. When a single act constitutes two or more grave or less grave felonies- (compound crime or
delito compuesto)

2. When an offense is a necessary means of committing the other- (complex crime proper or
delito complejo)

Plurality of crimes- consist in the successive execution by one individual of different criminal
acts upon which no conviction is yet declared. It could either be formal or ideal plurality of
which art. 48 is the best example, that is there is only one criminal liability or real or material
plurality where there are different crimes in the eyes of the law and in the conscience of the
offender. Hence in real or material plurality the offender is punished for each and every offense
that he committed.

Q: What is a continuing/continued/continuous crime?

A: It is a single crime, consisting of a series of acts all arising from one criminal resolution. It is a
continuous, unlawful act or series of act set on foot by a single impulse and operated by an
unintermittent force, however long time it may occupy.

COMPUTATION OF PENALTIES BY GRADUATION OF DEGREE29

Consummated Frustrated Attempted

Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4

Article 71 RPC. Graduated Scale

SCALE NO. 1

1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto Mayor
7. Destierro
8. Arresto Menor
9. Public Censure
10. Fine

SCALE NO.2

1. Perpetual absolute disqualification

2. Temporary absolute disqualification
3. Suspension from public office, the right to vote and be voted for, and the right to follow
a profession or calling
4. Public censure
5. Fine

ARTICLE 62 RPC QUITE A COMPLICATED PROVISION

29
This is a summary of the rules established in articles 50-57 RPC. A degree is one whole penalty or one
entire penalty as enumerated in the graduated scale in article 71. on the other hand, a period is one of the
three equal portions which are known as the minimum, medium and maximum.

25
 1. Aggravating circumstances which in themselves constitute a crime especially punishable
by law or which are included by law in defining a crime and prescribing the penalty
therefore shall not be taken into account for the purpose of increasing the penalty.

a. When in the commission of a crime advantage was taken by the offender of his public
position, the maximum penalty shall be imposed regardless of mitigating circumstances.
b. The maximum penalty shall be impose if the offense was committed by any person who
belongs to an organized/syndicated group. An organized or syndicated group means a
group of two or more persons collaborating, confederating, or mutually helping one
another for the purpose of gain in the commission of a crime.

2. Aggravating or mitigating circumstances which arise from the moral attributes of the
offender or from his private relations with the offended party, or from any other personal
cause, shall serve only to aggravate or mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are attendant.

The circumstances which consist in the material execution of the act, or in the means
employed to accomplish it, shall serve to aggravate or mitigate the liability of only those
persons who had knowledge of them at the time of the execution of the act or their
cooperation therein.

Q: Who/What is a habitual delinquent?

A: A person shall be deemed a habitual delinquent if within a period of ten years from the
date of his release or last conviction of the crimes of serious or less serious physical injuries,
robo, hurto, estafa, or falsification, he is found guilty of any of said crimes a third time or
oftener.

PENALTY TO BE IMPOSE UPON A PERSON UNDER 18 YEARS OF AGE (Art. 68)

1. 9-15 = a discretionary penalty is imposed but always lowered by 2 degrees than that
prescribed by law for the crime he committed

2. Over 15 but under 18= a penalty next lower than that prescribed by law but always in the
proper period.

Q: What is the rule on successive service of sentence?

A: When the culprit has to serve two or more penalties, he shall serve them simultaneously if the
nature of the penalties will permit so, otherwise the order of their respective severity shall be
followed so that they maybe executed successively or as nearly as may be possible, should a
pardon have been granted as to the penalty first imposed or should they have been carried
out(Art. 70).

Q: Enumerate the proper order of severity of penalty from the highest to the lowest.
A: 1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary Absolute Disqualification
11. Suspension from public office, the right to vote and be voted for, profession
12. Public censure

Q: What is the three fold rule in the service of sentence?

A: According to this rule, the maximum duration of the convict’s sentence shall not be more than
threefold the length of time corresponding to the most severe of the penalties imposed upon him.
No other penalty to which he may be held liable shall be inflicted after the sum of those imposed
equals the said maximum period.

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 Such maximum period shall in no case exceed forty years.

Q: What is a complex penalty?

A: It is a penalty prescribed by law composed of three distinct penalties, each forming a period,
the lightest of them shall be the minimum, the next the medium, and the most severe the
maximum period.( ex. Reclusion Temporal to Death)

Note: Articles 81-85 are provisions that have something to do with the death penalty. These
provisions have no longer any relevance except for academic purposes by reason of the
enactment of RA 9346-An Act Prohibiting the Imposition of the Death Penalty.30

Q: Give the concept of the penalty of destierro.

A: Any person sentenced to destierro shall not be permitted to enter the places designated in the
sentence, nor within the radius therein specified, which shall not be more than 250 and not less
than 25 kilometers from the place designated. If he does he may be held liable for Evasion of
service of sentence under article 157 RPC.

DESTIERRO IS IMPOSED IN THE FOLLOWING:

1. Death or Serious Physical injuries inflicted under exceptional circumstances

2. When a person fails to give a bond for good behavior (Art. 284)
3. Penalty for concubine in concubinage ( Art. 334)

Art. 88. Arresto menor. — The penalty of arresto menor shall be served
in the municipal jail, or in the house of the defendant himself under the
surveillance of an officer of the law, when the court so provides in its
decision, taking into consideration the health of the offender and other
reasons which may seem satisfactory to it.

There must be a court statement that the accused serve the sentence in his house. The grounds could be for
health reasons, and others (humanitarian)

MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art. 89)

1. By the death of the convict, as to the personal penalties; as to pecuniary liabilities, it is

extinguished only when the death of the offender occurs before final judgment.
2. By service of sentence;
3. By amnesty-an act of the sovereign power granting oblivion or a general pardon for past
offense, and is rarely exercised in favor of a single individual, and is usually exerted in
behalf of certain classes of persons who are subject to trail but not yet convicted.
4. By absolute pardon
5. Prescription of crime- the forfeiture or the loss of the right of the state to prosecute the
offender after the lapse of a certain time.
6. Prescription of Penalty- the loss or forfeiture of the right of the Government to execute
the final sentence after the lapse of a certain time.
7. Marriage of the offended party under Article 344 RPC

30
Under art 83- the death sentence shall be suspended when the woman is pregnant and within one year
after delivery. Also the death sentence shall not be inflicted upon a person over 70 years of age. Under
article 85 it is prohibited to bury the dead body of a person legally executed with pomp, otherwise the
offenders are liable under article 153 on tumults and disturbances. But again, these provisions no longer
have any application. In retrospect it used to be that the Supreme Court automatically reviews the decision
of lower courts, whenever they imposed the penalty of death, reclusion perpetua or life imprisonment.
However on July 7, 2004 in the case of People vs. Mateo, the Supreme Court said that such review should
be undertaken by the Court of Appeals first in pursuant to the hierarchy of courts doctrine.

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 AMNESTY vs PARDON

AMNESTY PARDON
Made by the President with the concurrence of Made by the President alone
Congress
Usually extended to political crimes Extended to any type of crime
May be extended even before conviction or May be given only after final conviction
before trial
Looks backward Looks forward

PRESCRITION OF CRIMES

PENALTY PRESCRIBES IN..

1. death, reclusion perpetua and reclusion 20 years
temporal
2. other afflictive penalties (prision mayor 15 years
and DQ.)
3. punishable by correctional penalty (prision 10 years
correctional, suspension, destierro)
4. arresto mayor 5 years
5. libel 1 year
6. oral defamation and slander by deed 6 months
7. other light offenses 2 months

Art. 91. Computation of prescription of offenses. — The period of

prescription shall commence to run from the day on which the crime is
discovered by the offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or information, and
shall commence to run again when such proceedings terminate without
the accused being convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him.

The term of prescription shall not run when the offender is absent from
the Philippine Archipelago.

* The period of prescription shall commence to run from the day on which the crime is
discovered by the offended party, the authorities, or their agents, and shall be interrupted by the
filing of the complaint or information, and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any
reason not imputable to him. It shall not run when the offender is absent from the Philippines
(Art.91)

PRESCRIPTION OF PENALTIES31

PENALTY PRESCRIBES IN
Death and reclusion Perpetua 20 years
Other afflictive penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years
Light penalties 1 year

* 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 country with which the government has no extradition treaty,
or should commit another crime before the expiration of the period of prescription (Art.93)

31
To be operational, the prisoner must escape. One who has not been committed to prison cannot be said to
have escaped therefrom. See Del Castillo vs. Torrecampo 394 SCRA 221

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MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY

1. By conditional pardon- a contract between the president and the convict the former will
release the latter upon compliance with certain conditions.
2. By commutation of sentence- it is the reduction of the period of imprisonment of the
offender or the amount of the fine.
3. For good conduct time allowance- are deductions from the term of the sentence for
good behavior of the convicted prisoner.
4. Parole- consists of the suspension of the sentence of a convict after serving the minimum
term of the indeterminate penalty.

Q: Who gives good conduct time allowance?

A: Director of Prisons.

Years of good behavior Allowance earned

1-2 years 5 days per month
3-5 years 8 days per month
6-10 years 10 days per month
11 up years 15 days per month

Q: What is the special allowance for loyalty?

A: It is a deduction of 1/5 of the period of sentence to any prisoner who, having evaded the
service of his sentence under the circumstances in art. 158 RPC, gives himself up to the authority
within 48 hours following the issuance of a proclamation announcing the passing away of the
calamity.

Q: What is article 100 of the Revised Penal Code?

A: It says” every person criminally liable for a felony is also civilly liable.

Art. 102. Subsidiary civil liability32 of innkeepers, tavern keepers and proprietors of
establishments- In default of persons criminally liable, innkeepers, tavernkeeprs, and any other
persons or corporations shall be civilly liable for crimes committed in their establishments, in
cases where a violation of municipal ordinances or some general or special police regulations
shall have been committed by them or their employees.

Innkeepers are also subsidiary 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 advance the innkeepers himself, or the person representing
him, of the deposit of such goods within the inn, and shall furthermore have followed the
directions which such innkeepers or his representative may have given them with respect to the
care and vigilance over such goods. No liability shall attach in case of robbery with violence
against or intimidation of persons unless committed by the innkeepers’ employees.

Art. 103. Subsidiary civil liability of other persons- The subsidiary liability established in the
next preceding article shall also apply to employers, teachers, persons, and corporations engaged
in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or
employees in the discharge of their duties.

Art. 104. What is included in civil liability-

1. Restitution
2. Reparation of damage caused
3. Indemnification of consequential damage

Art. 105. Restitution how made- The restitution of the thing itself must be made whenever
possible, with allowance for any deterioration or diminution of value.

32
Proof of due diligence of the employer in the selection and supervision of employees is not a defense on
the part of the employer and will not free him from subsidiary liability.

29
 The thing itself shall be restored, even though it be found in the possession of a third person
who has acquired it by lawful means, saving to the latter his action against the proper person who
may be liable to him.

Art. 106. Reparation- The court shall determine the amount of damage, taking into consideration
the price of the thing, and its special sentimental value to the injured party.

Art. 107. Indemnification- Indemnification of consequential damages shall include not only
those caused the injured party, but also those suffered by his family or by third person by reason
of the crime.

Modes of Extinction of Civil Liability- Civil liability is extinguished in the same manner as
other obligations, in accordance with the provisions of the Civil Code namely:

1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of creditor and debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).

Compiled33 By: Mr.Makamasa A. Gapit

UNIVERSITY OF PERPETUAL HELP LAS PIÑAS 2005
PHILIPPINE COLLEGE OF CRIMINOLOGY 1998
PAMANTASAN NG LUNGSOD NG MUNTINLUPA

-While Under the Passionate Embraced Of-

Ms. Emma Lee Bunton

SAINT THERESA’S PRIMARY SCHOOL
SYLVIA YOUNG THEATER SCHOOL MARYLEBONE

REFERENCE and SUGGESTED READINGS:

The Revised Penal Code by: Luis B. Reyes (preferably the latest edition)

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This version of Criminal Law Book One Reviewer was last updated on 14 May 2009.

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