ART 49
RULES AS TO THE PENALTY IMPOSED WHEN THE
CRIME COMMITTED IS DIFFERENT FROM THAT
INTENDED
1. If the penalty for the felony committed be
HIGHER than the penalty for the offense
which the accused intended to commit, the
LOWER penalty shall be imposed in its MAX
period
2. If the penalty for the felony committed be
LOWER than the penalty for the offense
which the accused intended to commit, the
LOWER penalty shall be imposed in its MAX
period
3. If the act committed also constitutes an
attempt or frustration of another crime, and
the law prescribes a higher penalty for
either of the latter, the penalty for the
attempted or frustrated crime shall be
imposed in its MAX period
*rule no.3 is not necessary (REASON: they
may as well be covered by Art 48 in view of
the fact that the same act committed by the
guilty person, which gives rise to one crime,
also constitutes an attempt or a frustration
of another crime)
*Art 49 has reference to the provision of the 1 st par
of Art 4
*Art 49 applies only when there is a mistake in the
identity of the victim of the crime and the penalty
for the crime committed is different from that for
the crime intended to be committed
*Art 49 cannot apply to cases involving aberratio
ictus or praeter intentionem
*Art 49 is applicable only when the intended crime
and the crime actually committed are punished with
the different penalties
ART 49 ART 48
Lesser penalty is to Penalty for the more or most
be imposed to be serious crime shall be imposed
applied in the max to be applied in the max period
period
ART 50 -57
DIAGRAM OF THE APPLICATION OF ART 50-57
Consummate Frustrated Attempted
d
Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4
*0 represents the penalty prescribed by law in
defining a crime which is to be imposed on the
principal in a consummated offense
EXCEPTION TO THE RULES IN ART 50-57
The law expressly prescribed the penalty for a
frustrated or attempted felony, or to be imposed
upon accomplices or accessories
BASES FOR THE DETERMINATION OF THE EXTENT
OF PENALTY TO BE IMPOSED UNDER THE RPC
1. The stages REACHED by the crime in its
development (attempted, frustrated or
consummated)
2. PARTICIPATION of the persons liable
3. Aggravating or mitigating circumstances
which attended the commission f the crime
 Degree – one entire penalty, one whole
penalty or one unit of the penalties
enumerated in the graduated scales
provided for in Art 71
 Period – one of the 3 equal portions of a
divisible penalty (min, med, or max)
*a period of a divisible penalty, when prescribed by
the Code as a penalty for a felony, is in itself a
degree
ART 58
ADDITIONAL PENALTIES FOR PUBLIC OFFICERS
WHO ARE GUILTY AS ACCESSORIES UNDER PAR 3
OF ART 19
1. Absolute perpetual disqualification if the
principal offender is guilty of a GRAVE
felony
2. Absolute temporary disqualification if the
principal offender is guilty of LESS GRAVE
felony
 *Art is limited to grave or less grave felonies
because it is not possible to have
accessories liable for light felonies
*Art applies only to public officers who abused their
public office or authority (within the term of par 3
Art 19
ART 59
PENALTY FOR IMPOSSIBEL CRIME
Arresto mayor or a fine ranging from 200-500php
BASIS FOR IMPOSITION OF PENALTY
Social danger and degree of criminality shown by
the offender
ART 60
EXCEPTION TO THE RULES ESTABLISHED IN ART 50-
57
Art 50-57 do not apply when the law expressly
prescribes the penalty for a frustrated or attempted
felony or to be imposed upon accomplices or
accessories (EX: on the occasion of an attempted or
frustrated robbery, offender commits a homicide,
the law provides in Art 297 that the special penalty
of reclusion temporal In its max period to reclusion
perpetua shall be imposed)
ACCOMPLICE, PUNISHED AS PRINCIPAL
1. Ascendants, guardians, curators, teachers
and any person who by abuse of authority
or confidential relationship, shall cooperate
as accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of
minors, white slave trade or abduction
2. One who furnished the place for the
perpetration of the crime of slight illegal
detention
ACCESSORY, PUNISHED AS PRINCIPAL
Concealing certain evil practices is ordinarily an act
of the accessory but in Art 142 (inciting to sedition)
such act is punished as the act of the principal
CERTAIN ACCESSORIES ARE PUNISHED WITH A
PENALTY 1 DEGREE LOWER, INSTEAD OF 2
DEGREES
1. Knowingly used counterfeited seal or forged
signature or stamp of the Pres
2. Illegal possession and use of a false treasury
or bank note
3. Using a falsified document
4. Using a falsified dispatch
*RATIONALE: he perpetrates the act after
someone has committed counterfeiting or
falsification
ART 61
RULES FOR GRADUATING PENALTIES
Rules provided for in Art 61 should also apply in
determining the MIN of the indeterminate penalty
under ISLAW and in lowering the penalty by 1 or 2
degrees by reason of the presence of privileged
mitigating circ or when the penalty is divisible and
there are 2 or more generic mitigating cirm and no
aggravating circ
*the lower penalty shall be taken from the
graduated scale in Art 71
ILLUSTRATION OF THE RULES
*refer to codal provision
1. When the penalty is single and indivisible
(EX: in reclusion perpetua (kidnapping), the
penalty immediately following it is reclusion
temporal which is the penalty next lower in
degree)
2. .
a. when the penalty is composed of 2
indivisible penalty (EX: in reclusion
perpetua to death (parricide), the
penalty immediately following the
lesser of the penalties is reclusion
temporal)
b. when the penalty is composed of 1
or more divisible penalties to be
imposed to their full extent (EX: 1
divisible penalty to be imposed to
its full extent is reclusion temporal;
the penalty immediately following
such is prision mayor. 2 divisible
penalties to be imposed in its full
extent are prision correccional to
prision mayor; the penalty
 immediately following the lesser of
the penalties is arresto mayor)
3. .
a. when the penalty is composed of 2
indivisible penalties and the max
period of a divisible penalty (EX: in,
reclusion temporal in its max period
to death (murder), the penalty next
lower is composed of the med and
min period of reclusion temporal
and the max of prision mayor
b. when the penalty is composed of 1
indivisible penalty and the max
period of a divisible penalty (EX:
reclusion temporal in its max period
to reclusion perpetua)
4. When the penalty is composed of several
periods
*4th rule contemplates a penalty composed
of at least 3 periods
5. By analogy (because “not specially provided
for in the 4 preceding rules”)
a. When the penalty has 2 periods (EX:
prision correccional in its min and
med periods (abduction))
b. When the penalty has 1 period
SIMPLIFIED RULES
1. If the penalty prescribed by the Code
consists in 3 periods, corresponding to
different divisible penalties, the penalty
next lower in degree is the penalty
consisting the 3 periods down in the scale
2. If the penalty prescribed by the Code
consists in 2 periods, the penalty next lower
in degree is the penalty consisting in 2
periods down in the scale
3. If the penalty prescribed by the Code
consists in only 1 period, the penalty next
lower in degree is the next period down in
the scale
*mitigating and aggravating circ are disregarded in
the application of the rules for graduating penalties
(RATIONALE: penalty prescribed by the RPC for the
crime is the basis)
*it is only after the penalty next lower in degree is
already determined that the mitigating or
aggravating circ should be considered
ART 62
EFFECT OF ATTENDANCE OF AGGRAVATING/
MTIGATING CIRC OR OF HABITUAL DELINQUENCY
1. Aggravating circ (generic or specific) have
the effect of increasing the penalty without
exceeding the max provided by law
2. Mitigating circ have the effect of
diminishing the penalty
3. Habitual delinquency has the effect, not
only increasing the penalty because of
recidivism generally implied in habitual
delinquency, but also of imposing an
additional penalty
RULES REGARDING AGGRAVATING AND
MITIGATING CIRCUMSTANCE
PAR 1
Aggravating circ which (1) in themselves constitutes
a crime especially punished by law (ex: ‘by means of
fire’ in arson) or (2) are included by the law in
defining a crime and prescribing the penalty
therefore (ex: dwelling in robbery with force upon
thing, abuse in confidence in qualified theft) are not
to be taken into account to increase penalty
WHEN MAX OF PENALTY SHALL BE IMPOSED
1. When in the commission of the crime,
advantage was taken by the offender of his
public position
2. If the offense was committed by any person
who belongs to an organized/syndicated
crime group
 Organized/syndicated crime group
– two or more persons
collaborating, confederating or
mutually helping one another for
purposes of gain in the commission
of any crime
PAR 2
Same rule applies with respect to aggravating circ
which are inherent in the crime (ex: evident
premeditation in robbery and theft)
PAR 3
Aggravating or mitigating circ which arise from (1)
the moral attributes of the offender (ex: when one
acts with passion and obfuscation or with evident
premeditation), or (2) from his private relations
with the offended party, or (3) from any other
personal cause (ex: when one is a recidivist or under
9yrs of age), serve to aggravate or mitigate the
liability of the principals, accomplices and
accessories as to whom such circumstances are
attendant
PAR 4
Circumstances which consists (1) in the material
execution of the act, or (2) in the means employed
to accomplish it, shall serve to aggravate or mitigate
the liability of those persons only who had
knowledge of them at the time of the execution of
the act or their cooperation therein
*there is no mitigating circ relating to the means
employed in the execution of the crime
Circ relating to the Circ consisting in the material
persons participating execution of the crime
in the crime
Do not affect all the Have a direct bearing upon the
participants in the crim liability of all the
crime, but only those defendants who had knowledge
to whom they thereof at the time of the
particularly apply commission of the crime, or of
their cooperation therein
PAR 5
 Habitual delinquent – a person who within a
period of 10yrs from the date of his last
release or conviction of the crimes of serious
or less serious physical injuries, theft,
robbery, estafa, or falsification, he is found
guilty of any of said crimes a 3 rd time or
oftener
*the crimes are specified in habitual
delinquency
*the computation of the 10yr period starts
from the defendant’s last conviction or
release
REQUISITES OF HABITUAL DELINQUENCY
1. That the offender had been convicted of
any of the crimes of serious or less serious
physical injuries, robbery, theft, estafa, or
falsification
2. That after the conviction or after serving his
sentence, he again committed and within
10yrs from his release or conviction,
convicted of any of the said crimes for the
2nd time
3. That after his conviction of or after serving
sentence for the 2nd offense, he again
committed and within 10yrs from his last
release or last conviction, convicted for any
of the said offenses the 3rd time or oftener
ADDITIONAL PENALTY FOR HABITUAL
DELINQUENCY
1. Upon a 3rd conviction, the culprit shall be
sentenced to the penalty provided by law
for the last crime of which he is found guilty
and to the additional penalty of prision
correccional in its med and max periods
2. Upon a 4th conviction, the culprit shall also
be sentenced to the additional penalty of
prision mayor in its min and med periods
3. Upon a 5th or additional conviction, the
culprit shall also be sentenced to the
additional penalty of prision mayor in its
min period to reclusion temporal in its min
period
*the total of the 2 penalties shall not
exceed 30yrs
REASON FOR IMPOSING ADDTL PENALTY: he is
deemed to have shown a dangerous propensity to
crimes; to render more effective social defense and
reformation of multirecidivist
IN THE INFORMATIOM MUST BE ALLEGED
1. Dates of the commission of the previous
crimes
2. Date of the last conviction or release
 3. Dates of the other previous conviction or
releases
*plea of guilty when allegations in information are
insufficient is not an admission that the offender is a
habitual delinquent but only a recidivist
*failure to allege said dates in the information is
cured when the accused did not object to the
admission of decisions for previous offenses which
show the dates of his convictions
Habitual delinquency Recidivism
The crimes are Sufficient that the accused on
specified the date of his trial has been
previously convicted by final
judgment of another crime
embraced in the same title of
the Code
Offender is found No period of time between
guilty of any crimes former conviction and last
specified within 10yrs conviction fixed by law
from his last release or
conviction
Accused must be 2nd conviction for an offense
found guilty the 3rd embraced in the same title of
time or oftener of any the Code is sufficient
of the crimes specified
An additional penalty If not offset by a mitigating
is imposed circ, serves to increase
penalty only to the max
RULING ON HABITUAL DELINQUENCY
1. 10yr period computed either from the last
conviction or release
2. 10yr period is counted nit to the date of the
commission of subsequent offense, but to
the date of conviction thereof in relation to
the date of his last release or last conviction
3. When an offender has committed several
crimes mentioned in the definition of
habitual delinquent, without being first
convicted of any of them before committing
the others, he is not a habitual delinquent
4. Convictions on the same day or about the
same time are considered as one only
(REASON: addtl penalties fixed by law for
habitual delinquency are reformatory in
character and that their application should
be gradual and this can be carried out only
when the 2nd conviction takes place after
the 1st or after the service of sentence for
the 1st crime)
5. Crimes committed on the same date,
although convictions on different dates are
considered only one (REASON: until the
offender has served the addtl penalty
provided in his case, and has committed or
abstained from committing another crime,
it cannot be known of said addtl penalty has
or has not reformed him)
6. Previous convictions are considered every
time a new offense is committed
7. The commission of any of those crimes
need not be consummated. He who
commits a crime (frustrated or attempted)
reveals the same degree of depravity and
perversity as one who commits a
consummated crime
8. Habitual delinquency applies to accomplices
and accessories. Their participation in
committing those crimes reveal the
persistence on them of the inclination to
wrongdoing and of the perversity of
character that had led them to commit the
previous crime
9. If one crime was committed during the
minority of the offender such crime should
not be considered for the purpose of
treating him as a habitual offender because
the proceeding as regards that crime were
suspended
10. The imposition of additional penalty
prescribed by law for habitual delinquents
is mandatory
11. Modifying circumstances applicable to
additional penalty
12. Habitual delinquency is not a crime. It is a
fact or circumstance which if present gives
rise to the imposition of additional penalties
13. Penalty for habitual delinquency is a real
penalty that determines jurisdiction
14. A habitual delinquent is necessarily a
recidivist
*recidivism is inherent in habitual
delinquency and shall be considered as
aggravating circ in imposing the principal
penalty (REASON: to punish him more
severely)
 15. In imposing the additional penalty,
recidivism is not aggravating. The additional
penalty to be imposed must be the min of
that prescribed by law as no other circ or
fact justifying the imposition of said penalty
in a higher period has been present (with
the exception of recidivism)
*a convict can be a habitual delinquent without
being a recidivist when no 2 crimes committed are
embraced in the same title of the Code
*the imposition of additional penalty for habitual
delinquency is constitutional. It is neither an ex post
facto law nor an additional punishment for former
crimes (it is a punishment on future crimes, the
penalty being enhanced on account of the crim
propensities of the accused)
ART 63
RULES FOR THE APPLICATION OF INDIVISIBLE
PENALTIES
1. When the penalty is single indivisible, it
shall be applied regardless of any mitigating
or aggravating circ (ex: reclusion perpetua
in kidnapping and failure to return a minor
and in rape; death in rape with homicide)
2. When the penalty is composed of 2
indivisible penalty (ex: reclusion perpetua
to death in parricide, robbery with
homicide) , the ff rules shall be observed:
a. When there is only 1 aggravating
circ, the greater penalty shall be
imposed
b. When there is neither mitigating
nor aggravating circ, the lesser
penalty shall be imposed
c. When there is a mitigating circ and
no aggravating circ, the lesser
penalty shall be imposed
d. When both mitigating and
aggravating circ are present, the
court shall allow them to offset one
another
*Art 63 applies only when the penalty prescribed by
the Code is either 1 indivisible penalty or 2
indivisible penalties
*mitigating circ is not necessary to impose reclusion
perpetua when the crime is punishable with 2
indivisible penalties of reclusion perpetua to death
When the penalty is composed of 2 indivisible
penalties, the penalty cannot be lowered by one
degree, no matter how many mitigating circ are
present (EXCEPTION: when a privileged mitigating
circ under Art 68 or 69 is present)
ART 64
RULES FOR THE APPLICATION OF PENALTIES
WHICH CONTAIN 3 PERIODS
1. No aggravating and no mitigating – med
period
2. Only a mitigating – min period
3. Only an aggravating – max period
*when there are 2 aggravating circ and no
mitigating circ, the penalty prescribed by
law for the crime should be imposed in its
max period
4. When there are aggravating and mitigating
– the court shall offset those of one class
against the other according to their relative
weight
5. 2 or more mitigating and no aggravating –
penalty next lower in the period table
according to the number and nature of such
circ
6. No penalty greater than the max period of
the penalty prescribed by law shall be
imposed, no matter how many aggravating
circ are present
7. The court can determine the extent of the
penalty within the limits of each period,
according to the number and nature of the
aggravating and mitigating circ and the
greater or lesser extent of evil produced by
the crime
*Art 64 applies only when the penalty has 3 periods
(ex: reclusion temporal, prision mayor, prision
correccional, arresto mayor, arresto menor)
*Art 64 is not applicable when the penalty is
indivisible or prescribed by special law or fine
*when the law prescribe a single divisible penalty
(ex: reclusion temporal in homicide), it is
understood as distributed in 3 equal parts, each
part forms a period called min, med, and max
*when the penalty is made up of 3 different
penalties (ex: prision correccional to reclusion
temporal), each forms a period
CASES WHEN MITIGATING AND AGGRAVATING
CIRC ARE NOT CONSIDERED IN THE IMPOSITION OF
PENALTY
1. When the penalty is single and indivisible
2. In felonies through negligence
3. The penalty to be imposed upon a Moro or
other non-Christian inhabitants (It lies in the
discretion of the trial court, irrespective of
the attending circ)
*’non-Christian’ refers not only to religious
belief but in a way to geographical area and
directly to Phil natives of a low grade of
civilization
4. When the penalty is only a fine imposed by
an ordinance
5. When the penalties are prescribed by
special laws
ART 65
RULES IN CASES IN WHICH THE PENALTY IS NOT
COMPOSED OF 3 PERIODS
1. Compute and determine the 3 periods of
the entire penalty
2. The time included in the penalty prescribed
should be divided into 3 equal portions,
after subtracting the min (eliminate the 1
day) from the max of the penalty
3. The min of the min period should be the
min of the given penalty (including the 1
day)
4. The quotient should be added to the min
prescribed (eliminate the 1 day) and the
total will represent the max of the min
period. Take the max of the min period, add
1 day and make it the min of the med
period; then add the quotient to the min
(eliminate the 1 day) of the med period and
the total will represent the max of the med
period. Take the max of the med period,
add 1 day and make it the min of the max
period; then add the quotient to the min
(eliminate the 1 day) of the max period and
the total will represent the max of the max
period
ART 66
IMPOSITION OF FINES
1. The court can fix any amount of the fine
within the limits established by law
2. The court must consider
a. Mitigating and aggravating circ
b. The wealth or means of the culprit
(main consideration) (REASON:
because a fixed amount of fine for
all offenders of a particular crime
will result in inequality)
When the law does not fix the min of the fine,
the determination of the amount of the fine to
be imposed is left to the sound discretion of the
court, provided it shall not exceed the max
authorized by law
ART 67
PENALTY TO BE IMPOSED WHEN NOT ALL THE
REQUISITES OF EXEMPTION OF THE 4 TH CIRC OF
ART 12 ARE PRESENT (ACCIDENT)
Conditions necessary to exempt from liability under
Art 12(4):
1. Act causing the injury be lawful
2. That it be performed with due care
3. The injury be caused by mere accident
4. There be no fault or intention to cause the
injury
*it is reckless imprudence if the act is executed
without taking precaution or measure which the
most common prudence would require
*it is simple imprudence if it is a mere lack of
precaution in those cases where either the
threatened harm is not imminent or the danger is
not openly visible
 Arresto mayor in its max period to prision
correccional in its min period – grave felony
 Arresto mayor in its min and med period –
less grave felony
ART 68
PENALT TO BE IMPOSED UPON A PERSON UNDER
18 YRS OF AGE
Art 68 is partly repealed by RA 9344 which provides
that:
a. A child 15yrs and under is exempt from crim
responsibility
b. A child above 15yrs but below 18yrs of age
is exempt from crim liability unless he/she
has acted with discernment
RA 9344 further amended by RA 10630 (An Act
Strengthening the Juvenile Justice System in the
Phil) provides the ff:
1. Child under 15yrs of age – child shall be
immediately released to the custody of his
parents or guardian, or the child’s nearest
relative, and be subjected to a community
based intervention program supervised by
the local social welfare and development
officer (LSWDO) unless the best interest of
the child requires the referral of the child to
a youth care facility or bahay pag-asa
2. Child above 12 but under 15yrs of age who
commits serious crimes (ex: parricide,
murder, infanticide, robbery with homicide
or rape, offenses under RA 9165) – shall be
deemed a neglected child; he shall be
mandatorily placed in a special facility
within the youth care faculty or bahay pag-
asa called the Intensive Juvenile
Intervention and Support Center (IJISC)
3. Child above 12 but under 15yrs of age who
commits another offense – shall be deemed
a neglected child; he shall undergo an
intensive intervention program supervised
by the LSWDO. If the best interest of the
child requires he be placed in a youth care
facility or bahay pag-asa, the parents or
guardian shall execute a written
authorization for the voluntary
commitment of the child. If the child has no
parents/guardians or if they refuse or fail to
execute written authorization for voluntary
commitment, the proper petition for
involuntary commitment shall be filed by
the DSWD or the LSWDO
4. Child above 15yrs of age but under 18 – he
shall be exempt from crim liability and be
subject to an intervention program. If the
offender acted with discernment, he shall
be subjected to diversion proceedings
(*refer to notes on Art 13 (2) System of
Diversion to check on the conditions of the
CICL undergoing diversion program without
court proceedings)
 If the CICL failed to fulfill or comply with the
conditions of his disposition or rehabilitation
program, the CICL shall be brought before the
court for execution of judgment. The penalty to
be imposed is the penalty next lower than that
prescribed by law
*exemption from crim liability does not include
exemption from civil liability
 The parents shall be liable for damages
unless they prove that they were exercising
reasonable supervision over the child at the time
the child committed the offense and exerted
reasonable effort and utmost diligence to prevent
or discourage the child from committing another
offense
 The court may, after it shall have convicted
and sentenced a CICL, and upon application at any
time, place the child on probation in lieu of
service of his sentence taking into account the
best interest of the child
ART 69
PENALTY TO BE IMPOSED WHEN THE CRIME
COMMITTEED IS NOT WHOLLY EXCUSABLE
The privileged mitigating circ contemplated in Art
69 include the incomplete justifying and incomplete
exempting circ, provided the MAJORITY of their
conditions are present
 The court has the discretion to impose 1 or
2 degrees lower than that prescribed by law for
the offense
*but in determining such, the court must
consider the number and nature of the
conditions of exemption or justification present
or lacking
ART 70
SUCCESSIVE SERVICE OF SENTENCES
1. When the culprit has to serve 2 or more
penalties, he shall serve them
 simultaneously if the nature of the penalties
will so permit (ex: death)
*imposition of multiple death penalties has
practical importance – indelible badge of
his extreme crim perversity; serve as a
deterrent to an improvident grant of
pardon or commutation (proper
penitentiary authorities would exercise
judicious restraint in recommending
clemency or leniency in his behalf)
2. Otherwise, the order of their respective
severity shall be followed
3. The respective severity of the penalties is as
follows:
a. Death
b. Reclusion perpetua
c. Reclusion temporal
d. Prision mayor
e. Prision correccional
f. Arresto mayor
g. Arresto menor
h. Destierro
i. Perpetual absolute disqualification
j. Temporary absolute disqualification
k. Suspension from public office, the
right to vote and be voted for, the
right to follow profession or calling
l. Public censure
*convict who serves the term successively, the time
of the 2nd sentence shall not commence to run until
the expiration of the first
*imprisonment must be served before destierro
(arresto menor is more severe than destierro)
PENALTIES WHICH CAN BE SIMULTANEOUSLY
SERVED
a. Perpetual absolute disqualification
b. Perpetual special disqualification
c. Temporary absolute disqualification
d. Temporary special disqualification
e. Suspension
f. Destierro
g. Public censure
h. Fine and bond to keep the peace
i. Civil interdiction
j. Confiscation and payment of costs
*above penalties, except destierro, can be
served simultaneously with imprisonment
(REASON: nature of such penalty)
3-FOLD RULE
The max duration of the convict’s sentence shall not
be more than 3 times the length of time
corresponding to the MOST SEVERE of the penalties
imposed upon him
*the phrase ‘most severe of the penalties’ includes
equal penalties
*the 3-fold rule applies only when the convict has to
serve at least 4 sentences
*if the sum total of all the penalties does not exceed
the most severe multiplied by 3, the 3-fold rule does
not apply
*all the penalties, even if by different courts at
different times, cannot exceed 3-fold the most
severe
The 3-fold rule applies although the penalties were
imposed for different crimes, at different times, and
under separate information (REASON: information
must not charge more than 1 offense)
*duration of the convict’s sentence refers to several
penalties for different offenses, not yet served out; if
the convict already served sentence for one offense,
that imprisonment will not be considered for the
purpose of the 3-fold rule
*no prisoner shall be required to remain in prison
CONTINUOUSLY for more than 40yrs
*if the sentence is indeterminate, the max term is to
be considered
 The imposition of 3-fold max penalty does
not preclude subsidiary imprisonment for
failure to pay a fine
*subsidiary imprisonment for nonpayment of
fine cannot be eliminated so long as the
principal penalty is not higher than 6yrs of
imprisonment
*computation of the 3-fold rule is for the PRISON
AUTHORITIES to undertake
DIFFERENT SYSTEM OF PENALTY
1. Material accumulation system – all the
penalties for all the violations are imposed
 even if they reached beyond the natural  Under BP 129 (Judiciary Reorganization Act
span of human life (Par 1,2,3, of Art 70) of 1980) as amended by RA 7691, MeTC, MTC,
2. Juridical accumulation system – service of and MCTC shall exercise exclusive and original
the several penalties imposed on one and jurisdiction over all offenses punishable with
the same culprit is limited to not more than imprisonment not exceeding 6yrs irrespective
3-fold the length of time corresponding to of the amount of fine and regardless of other
the most severe and in no case to exceed imposable accessory or other penalties
40yrs including civil liability PROVIDED that in
3. Absorption system (lesser penalties are offenses involving damage to property through
absorbed by the graver penalties) – crim negligence, they shall have exclusive
imposition of the penalty in complex original jurisdiction thereof
crimes, continuing crimes, and specific
crimes ART 25 ART 70 ART 71
Penalties are Classifies the Provides for the
ART 71 classified into penalties for scales which should
GRADUATED SCALES principal and the purpose be observed in
SCALE 1 – All personal penalties such as accessory of the graduating the
penalties. The successive penalties by degrees
deprivation of life and liberty
principal service of in accordance with
1. Death penalties are sentences Art 61
2. Reclusion perpetua subdivided into according to
3. Reclusion temporal capital, afflictive, severity
4. Prision mayor and light
5. Prision correccional Destierro is Destierro is Destierro is placed
6. Arresto mayor placed above placed under above arresto
7. Destierro arresto menor arresto menor because
8. Arresto menor because it is menor destierro, being a
9. Public censure classified as a according to correctional penalty,
correctional their severity is higher than
10. Fine
penalty arresto menor, a
*arresto mayor and destierro must not be light penalty
judged by the duration of each penalties but
by the degree of deprivation of liberty ART 72
involved PREFERENCE IN THE PAYMENT OF THE CIVIL
LIABILITIES
SCALE 2 – All penalties consisting in deprivation of The order of payment of civil liability is based on the
political rights chronological order of the dates of the final
1. Perpetual absolute disqualification judgments
2. Temporary absolute disqualification
3. Suspension from public office, the right to ART 73
vote and be voted for, and the right to PRESUMPTION IN REGARD TO THE IMPOSITION OF
follow a profession or calling ACCESSORY PENALTIES
4. Public censure Accessory penalties are deemed imposed by the
5. Fine courts without the necessity of making an express
*death shall no longer form part of the equation in pronouncement of their imposition
the graduation of penalties, pursuant to RA 9346 *subsidiary imprisonment is not an accessory
*metropolitan and municipal courts can impose penalty and thus judgment of conviction must
destierro expressly state that the offender shall suffer the
subsidiary imprisonment in case of insolvency
 left to the sound discretion of the courts,
ART 74 without exceeding the max authorized by law
PENALTY HIGHER THAN RECLUSION PERPETUA IN
CERTAIN CASES Fine with a minimum Fine without a minimum
Under Art 74, when a given penalty has to be raised The law fixes the max of the fine
by 1 or 2 degrees and the resulting penalty is death Court cannot change Court can impose any amount
according to the scale, but it is not specifically the min not exceeding such max
provided by law as a penalty, the latter cannot be Court can impose an It cannot impose an amount
amount higher than higher than the max
imposed. The given penalty and the accessory
the max
penalty of death when not executed by reason of
commutation or pardon (Art 40) shall be imposed
 As to ‘fines that do not consist of a fixed
amount, but are made proportional’ example:
*death cannot be the penalty next higher in degree
Negligent act resulted in damage to property of
when not provided by law
another, the fine shall be from an amount equal to
the value of the damage to 3 times such value but
APPLICATION OF ART: convict should not be given
shall in no case be less than P25 (Art 365, Par 3)
the benefit of Art 27 (that he should be pardoned
after undergoing the penalty for 30yrs) until 40yrs
ART 76
have elapsed; otherwise, there would be no
LEGAL PERIOD OF DURATION OF DIVISIBLE
difference between reclusion perpetua when
PENALTIES
imposed as the penalty next higher in degree and
Penalties Penalt Time Time Time
when it is imposed as the penalty fixed by law
y in its include include include
entiret d in its d in its d in its
REASON FOR ART: penalty higher than reclusion y min med max
perpetua cannot be death because the penalty of period period period
death must be specifically imposed by law as a Reclusion 12yrs 12yrs 14yrs, 17yrs,
penalty for a given crime Temporal and and 8mos 4mos
1day – 1day – and and
ART 75 20yrs 14yrs 1day – 1day –
INCREASING OR REDUCING THE PENALTY OF FINE and 17yrs 20yrs
BY 1 OR MORE DEGREES 8mos and
4mos
It shall be increased/reduced, for each degree, ¼ of
Prision mayor, 6yrs 6yrs 8yrs 10yrs
the max amount prescribed by law without absolute and and and and
changing the min (ex: fine is fromP200-P2000; ¼ of disqualification 1day – 1day – 1day – 1day –
P2000 is P500; for each degree, take P500 from the and special 12yrs 8yrs 10yrs 12yrs
max of next higher degree; thus, one degree lower temporary
would be P200-P1500 and 2 degrees lower would disqualification
be P200-P1000) Prision 6mos 6mos 2yrs, 4yrs,
*fines are graduated into degrees for the correccional, and and 4mos 2mos
accomplices and accessories and for the principals suspension 1day – 1day – and and
in frustrated and attempted felonies and destierro 6yrs 2yrs 1day – 1day –
and 4yrs 6yrs
*under this Art, the fine must have a min and a max
4mos and
fixed by law 2mos
*Art does not apply when the law does not fix the Arresto mayor 1mo 1– 2mos 4mos
min of the fine and 2mos and and
1day – 1day – 1day –
 When only the max of the fine is fixed, the 6mos 4mos 6mos
determination of the amount to be imposed is Arresto menor 1– 1– 11 – 21 –
 30days 10days 20days 30days
*intention of the Legislature is to give the 3 periods
of a divisible penalty equal or uniform duration
*division of arresto mayor into 3 equal periods does
not follow the rule
*when the prescribed penalty does not have 3
periods, it has to be divided into 3 equal portion for
the application of the rules contained in Art 64
*duration of each of the periods of the divisible
penalties as fixed in the table in Art 76 is not
controlling when the penalty prescribed is
composed of 3 periods corresponding to different
divisible penalties
ART 77
WHEN THE PENALTY IS A COMPLEX ONE
COMPOSED OF 3 DISTINCT PENALTIES
 Complex penalty – penalty composed of 3
distinct penalties, each forming a period;
the lightest of them shall be the min, the
next the med, and the most severe the max
period (ex: reclusion temporal to death)
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INDETERMINATE SENTENCE LAW
ISLAW modifies the imposition of penalty. It is
applied to RPC and Special Penal Laws. It provides
for a min and max term, such that the moment the
offender serves the minimum of the sentence, he
shall be eligible for parole. If granted, he will serve
the remainder of the sentence out of prison, but
subject to the supervision of the parole officer
 Parole – conditional release of the offender
form the correctional institution after
serving min sentence after showing that he
has reformed
*parole does not extinguish criminal and
civil liability
REQUISITES FOR PAROLE
1. Offender must be placed in prison jail to
serve an indeterminate sentence penalty
which exceeds 1 year;
2. He served the min term of sentence;
3. Board of pardons and parole found that his
released is for greater interest of society
PURPOSE OF ISLAW
1. To uplift and redeem valuable human
material
2. Prevent unnecessary and excessive
deprivation of personal liberty and
economic usefulness
*ISLAW aims to individualize the administration
of our crim law
FACTORS TO BE TAKEN INTO CONSIDERATION BY
THE COURT IN FIXING THE MIN PENALTY
a. As an individual
1. Age
2. General health and physical
condition
3. Mentality, heredity and personal
habits
4. Previous conduct, environment and
mode of life
5. Previous education, both
intellectual and moral
6. Proclivities and aptitudes for
usefulness or injury to society
7. Demeanor during trial and attitude
with regard to the crime committed
8. Manner and circ in which the crime
was committed
9. Gravity of the offense
b. As a member of society
1. His relationship towards his
dependents, family and associates
and their relationship with him
2. His relationship towards society at
large and the State
THE COURT MUST DETERMINE 2 PENALTIES (MIN
AND MAX TERMS)
a. When the crime is punishable by a special
law – max term shall not exceed the max
fixed by law and min term shall not be less
than the min prescribed by the same
b. When the crime is punished by RPC – max
term, in view of the attending circ, could be
properly imposed under the rules of the
 RPC, and min term shall be within the range
of the penalty next lower to that prescribed
by the Code
*the court cannot put the min penalty in the
same period and the same degree as the
max penalty
*the penalty next lower must be based on
the penalty prescribed by the Code for the
offense, without considering in the
meantime modifying circ
*when the number of mitigating circ
entitles the accused to the penalty next
lower in degree, this penalty in the
application of ISLAW should be the starting
point for the determination of the penalty
next lower in degree
*the modifying circ are considered only in
the imposition of the max term of the
indeterminate sentence
*in determining the min term, it is left
within the discretion of the court to fix it
anywhere within the range of the penalty
next lower without reference to the periods
into which it may be subdivided
*in cases where the application of ISLAW
would be unfavorable to the accused,
resulting in the lengthening of the prison
sentence, said law should not be applied
REASON FOR FIXING THE MIN AND MAX
PENALTIES IN THE INDETERMINATE SENTENCE
1. Whenever any prisoner shall have served
the min penalty imposed upon him, and it
shall appear to the Board of Indeterminate
Sentence that such prisoner is fitted for
release, said Board may authorize the
release of such prisoner on parole upon
such terms and conditions as may be
prescribed by the Board
2. Whenever such prisoner released on parole
shall, during the period of surveillance
violate any of the conditions of his parole,
the Board may issue an order for his arrest.
In such case, the prisoner rearrested shall
serve the remaining unexpired portion of
the max sentence (unless the Board, in its
discretion, grants a new parole to the
prisoner)
3. Even if the prisoner has served the min, but
he is not fitted for release on parole, he
shall continue to serve the imprisonment
until the end of max
*every prisoner released on parole shall report
personally to such govt officials or parole officers
appointed by the Board for a period of surveillance
equivalent to the remaining portion of the max
sentence imposed on him or until final release and
discharge is provided
*If during period of surveillance the paroled
prisoner show himself to be a law-abiding citizen
and did not violate any of the laws of the Phil, the
Board may issue a final certification of release in his
favor (which shall entitle him to a final release and
discharge)
BOARD OF PARDONS AND PAROLE
 Composed of the Sec of Justice (chairman),
4 members to be appointed by the Pres, with
consent of the COA, who shall hold office for a
term of 6yrs PROVIDED that one member of the
board shall be a trained sociologist, one a
clergyman or educator, one psychiatrist unless a
trained psychiatrist be employed by the board,
and the other members shall be persons qualified
for such work by training or experience. At least
one member of the board shall be a woman
*a majority of the members shall constitute a
quorum and a majority vote is necessary to arrive
at a decision; any dissent from the majority
opinion shall be reduced to writing and filed with
the records of the proceedings
*Board meeting will not be more than 3 times a
week
BOARD OF INDETERMINATE SENTENCE
Board shall look into the physical, mental and moral
record of the prisoner who shall be eligible to
parole and to determine the proper time of release
of the prisoners. It shall also examine the records
and status of prisoners who shall have been
convicted of any offense other than those named in
Sec 2 hereof, and have been sentenced for more
than 1yr by final judgment prior to the date on
which this Act took effect, and shall make
recommendation in all such cases to the Pres with
regard to the parole of such prisoners as they shall
deem qualified for parole, after they have served a
period of imprisonment not less than the min for
which they might have been sentenced under this
Act for the same offense
ISLAW NOT APPLICABLE TO THE FF:
1. Persons convicted of offenses punished
with death penalty or life imprisonment
*penalty ‘actually imposed’ should be
considered
2. Those convicted of treason, conspiracy, or
proposal to commit treason
3. Those convicted of misprision of treason,
rebellion, sedition, or espionage
4. Those convicted of piracy
5. Those who are habitual delinquents
*ISLAW is applicable to recidivist
6. Those who shall have escaped from
confinement or evaded sentence
7. Those who violated the terms of conditional
pardon granted by them by the Chief
Executive
8. Those whose max term of imprisonment
does not exceed 1yr
*ISLAW does not apply to non-divisible
penalties
*application of ISLAW is MANDATORY
where imprisonment would exceed 1yr
9. Those who, upon the approval of the law
(12/5/1933), had been sentenced by final
judgment
10. Those sentenced to the penalty of destierro
or suspension
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PROBATION LAW
 Probation – disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by
the Court and to the supervision of a
probation officer
 Probationer – person placed on probation
 Probation officer – one who investigates for
the court a referral for probation or
supervises a probationer or both
*probation is a privilege and its grant rests upon the
discretion of the court
*probation may be granted even if the sentence
imposed is fine only, but with subsidiary
imprisonment (in case of insolvency)
*upon application by defendant for probation, the
court may suspend the execution of the sentence
 The application for probation must be filed
within the period for perfecting an appeal
(REASON: to encourage offenders, who are willing
to be reformed and rehabilitated, to avail of
probation at the first opportunity)
*the grant of an application for probation is
expressly prohibited if the defendant has
perfected an appeal from the judgment of
conviction
 An application for probation shall be filed
with the trial court. If the application is based on a
modified decision imposing a probationable
penalty, it shall be filed in the trial court where
the judgment of conviction imposing a non-
probationable penalty was rendered, or where
such case has been re-raffled
 The filing of the application for probation is
a waiver of the right to appeal
 Convict may file for probation if appeal is
for conviction imposing a non-probationable
penalty is modified on appeal to a probationable
penalty (provided that application is before such
decision becomes final)
*benefit of probation shall be lost if a review of
the modified decision which already imposes a
probationable penalty is sought
 In an application for probation involving
several defendants where some have appealed,
defendants who did not file an appeal may apply
for probation by submitting a written application
and attaching a certified true copy of the
judgment of conviction
 An order granting or denying probation is
non-appealable
  Accessory penalties are deemed suspended
once probation is granted
*probation affects only the crim aspect of the case;
it has no bearing on his civil liability; the court must
hear the civil aspect
NATURE OF ORDER GRANTING PROBATION
It is not a sentence but a suspension of the
imposition of sentence. It is not a final judgment but
is rather an interlocutory judgment in the nature of
a conditional order placing the convict under the
supervision of the court for his reformation to be
followed by a final judgment of discharge, if the
conditions of the probation are complied with, or by
final judgment of sentence if the conditions are
violated
*probation officer shall submit to the court the
investigation report not later than 60days from
receipt of the order of the court to conduct the
investigation; the court shall resolve the application
for probation not later than 15days from the receipt
of the report
 Pending submission of report and
resolution of the petition, defendant may be
released under his bail filed in the crim case
*defendant may be released on recognizance to
the custody of a responsible member of the
community, who guarantees only the defendant’s
appearance whenever required by the court, (1) in
case where no bail was filed, or (2) in case where
defendant is incapable of filing a bail
CRITERIA FOR PLACING AN OFFENDER ON
PROBATION
1. All information relative to the ff condition of
the offender
a. Character
b. Antecedents
c. Environment
d. Mental
e. Physical
2. Available institutional and community
resources
WHEN PROBATION SHALL BE DENIED
1. The offender is in need of correctional
treatment that can be provided most effectively
by commitment to an institution
2. There is an undue risk that during the
period of probation, the offender will commit
another crime
3. Probation will depreciate the seriousness of
the offense committed
*grant/denial of application does not rest solely on
the offender’s potentiality to reform but also on the
observance of demands of justice and public
interest
OFFENDERS DISQUALIFIED FROM BEING PLACED
ON PROBATION
1. Those sentenced to serve a MAX TERM of
imprisonment of more than 6yrs
2. Those convicted of any crime against
national security
3. Those who were previously convicted by
final judgment of an offense punished by
imprisonment of more than 6mos and 1day
and/or fine of more than P1,000
4. Those who have been once on probation
under the provision of the Decree
5. Those who are already serving sentence at
the time the substantive provisions of the
Decree became applicable pursuant to Sec33
thereof
CONDITIONS OF PROBATION
MANDATORY
1. Present himself to the probation officer
designated to undertake his supervision at such
place as may be specified in the order within
72hrs from the receipt of the order
2. Report to the probation officer at least once
a month at such time and place as specified by
said officer
SPECIAL/DISCRETIONARY
1. Cooperate with a program of supervision
2. Meet his family responsibilities
 3. Devote himself to a specific employment
and not to change said employment without prior
written approval of the probation officer
4. Undergo medical, psychological or
psychiatric examination and treatment and enter
and remain in a specified institution when
required for that purpose
5. Pursue a prescribed secular study or
vocational training
6. Attend or reside in a facility established for
instruction, recreation or residence of persons on
probation
7. Refrain from visiting houses of ill-repute
8. Abstain from drinking intoxicating
beverages to excess
9. Permit the probation officer or an
authorized social workers to visit his home and
place of work
10. Reside at premises approved by the court
and not to change his residence without its prior
written approval
11. Satisfy any other condition related to the
rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience
*the enumeration is NOT inclusive; such
special/discretionary conditions should be realistic,
purposive and geared to help the probationer
develop into a law-abiding and self-respecting
individual
 Upon the failure of the probationer to
comply with any of the conditions prescribed in
the order, or upon his commission of another
offense, he shall serve the penalty imposed for
the offense under which he was placed on
probation
HOW LONG MAY A CONVICT BE PLACED ON
PROBATION
1. If the convict is sentenced to a term of
imprisonment of not more than 1yr, the period
of probation shall not exceed 2yrs
2. In all other cases, if he is sentenced to more
than 1yr, said period shall not exceed 6yrs
3. When the sentence imposed a fine only and
the offender is made to serve subsidiary
imprisonment, the period of probation shall be
twice the total number of days of subsidiary
imprisonment
WHEN MAY A PROBATIONER BE ARRESTED AND
WHAT IS THE DISPOSITION ONCE HE IS ARRESTED
1. The violation of the conditions of probation
must be serious to justify the issuance of a
warrant of arrest
2. The probationer shall be brought before the
court for a hearing of the violation charged. He
may be admitted to bail pending hearing
3. The hearing is summary in nature but the
probationer shall have the right to be informed
of the violation charged and to adduce evidence
in his favor
4. Court is not bound by the technical rules of
evidence
5. If the violation is established, the court may
revoke or continue his probation and modify
the conditions thereof
6. If revoked, the court shall order the
probationer to serve the sentence originally
imposed
7. The order revoking the grant of probation
or modifying the term and condition is not
appealable
*upon application of probationer or probation
offcer revise or modify the condition/period of
probation, the court shall notify (in writing) either
the probationer or probation officer of the filing of
such an application so as to give both parties an
opportunity to be heard
*REFER TO PROBATION LAW (PD968) SEC18-28 FOR
THE PROBATION ADMINISTRATION
WHEN AND HOW PROBATION IS TERMINATED
AND WHAT ARE THE EFFECTS OF THE
TERMINATION
After the period of probation and upon
consideration of the report and recommendation of
the probation officer, the court may order the final
discharge of the probationer
 The final discharge shall operate to restore
to probationer all civil rights lost or suspended
 as a result of his conviction and to totally
extinguish his crim liability as to the offense for
which probation was granted
*the expiration of the probation period ALONE does
not automatically terminate probation
*extinction of crim liability does not necessarily
mean that civil liability is also extinguished
3-FOLD PURPOSE OF THE DECREE ESTABLISHING A
PROBATION SYSTEM
1. Promote the correction and rehabilitation
of the offender by providing him with
individualized treatment
2. Provide an opportunity for the reformation
3. of a penitent offender, which might be less
probable if her were to serve a prison sentence
4. Prevent the commission of offenses
*the application of Sec 106 of the Admin Code of
Mindanao and Sulu (Penalty on Moros and Non-
Christians – judge/justice may ignore any min
penalty provided by the law for the offense, and
may impose such penalty not in excess of the
highest penalty provided by law) is discretionary to
the Court
Probation Parole
occurs prior to and early release from prison (after
often instead of jail offender has completed a certain
or prison time portion of his prison sentence)
Imposed by the Imposed by the Board of Pardon
Court and Parole
Nature is Nature is administrative
determinative
Offender reports to Offender reports to parole officer
probation officer
alternatives to incarceration
supervised and expected to follow certain rules and
guidelines (parole/probation conditions)
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ART 78
WHEN AND HOW A PENALTY IS TO BE EXECUTED
The judgment must be final before it can be
executed because the accused may still appeal
within 15days from its promulgation.
*if the defendant has expressly waived in writing his
right to appeal, the judgment becomes final
immediately
ART 79
SUSPENSION OF THE EXECUTION AND SERVICE OF
THE PENALTIES IN CASE OF INSANITY
1. When a convict becomes insane or imbecile
after final sentence has been pronounced, the
execution of said sentence is suspended only as
regards the personal penalty
2. If he recovers his reason, his sentence shall
be executed unless the penalty has prescribed
3. Even if while serving his sentence, the
convict becomes insane or imbecile, the above
provisions shall be observed
4. But the payment of his civil or pecuniary
liabilities shall not be suspended
*only execution of personal penalty is suspended in
case of insanity; civil liability may be executed even
in case of insanity of convict
AN ACCUSED PERSON MAY BECOME INSANE:
1. At the time of the commission of the
offense – exempt from crim liability
2. At the time of the trial – court shall suspend
proceedings and order his confinement in a
hospital until he recovers his reason (REASON:
he cannot have a fair trial or make a proper
defense even with the help of counsel)
3. At the time of final judgment – execution
shall be suspended with regard to personal
penalty only
4. While serving sentence – execution shall be
suspended with regard to personal penalty only
ART 80
SUSPENSION OF SENTENCE OF MINOR
DELINQUENTS
 CICL – a child alleged/ accused/ adjudged as
having committed an offense under Phil laws
*refer to Art 13(2) and 68 on notes for CICL
DUTIES DURING INITIAL INVESTIGATION
 1. Law enforcement officer shall determine
where the case involving the CICL should be
referred
2. LSWDO shall conduct an initial assessment
to determine the appropriate interventions
and whether the child acted with
discernment using the discernment
assessment tools developed by DSWD. He
shall do either of the ff:
a. Proceed with an intervention
program if the child is 15yrs or
below or above 15yrs but below
18yrs old who acted without
discernment
b. Proceed to diversion if the child is
above 15yrs old but below 18 and
who acted with discernment
PRELIMINARY INVESTIGATION AND FILING OF
INFORMATION IN THE FF INSTANCES:
a. When the CICL does not qualify for
diversion
b. When the child or his parents/guardians
does not agree to diversion
c. When considering the assessment and
recommendation of the LSWDO, the
prosecutor determines that diversion is not
appropriate for the CICL
*upon determination of probable cause, the info
against the child shall be filed before the Family
Court within 45 days from the start of the
preliminary investigation
*the suspension of sentence shall be applied even if
the juvenile is already 18yrs or more at the time of
the pronouncement of his guilt (suspension of
sentence lasts only until CICL reaches 21yrs old)
*age of the CICL at the time of the promulgation of
the judgment of conviction is not material; what
matters is that the offender committed the offense
when he was still of tender age
*automatic suspension applies to a CICL found
guilty of a heinous crime
DETENTION OF THE CHILD PENDING TRIAL
a. CICL may be released on bail or
recognizance
b. In all other cases and whenever possible, it
may be replaced by alternative measures
such as close supervision, intensive care or
placement with a family or in an education
setting or home
c. Institutionalization or detention shall be
used only as a measure of last resort and
for the shortest possible period of time
i. it must be in a youth detention
home established by local
governments;
ii. in the absence of such, CICL may be
committed to the care of the DSWD or a
local rehabilitation center recognized by
the government in the province, city,
municipality within the jurisdiction of
the court
DISCHARGE OF THE CICL WITH THE LAW
Upon recommendation of the social worker who
had custody of the child, the court shall dismiss the
case and shall order the final discharge of the child
if it finds that the objective of the disposition
measures have been fulfilled
RETURN OF THE CICL TO COURT
if the court finds that the objective of the
disposition measures imposed have not been
fulfilled or if the CICL has willfully failed to comply
with the conditions of his disposition or
rehabilitation program
*if the CICL has reached 18yrs of age while under
the suspended sentence, the court shall determine
whether to discharge the child, to order execution
of the sentence, or to extend the suspended
sentence for a certain specified period or until the
child reaches the max age of 21
*if the CICL has reached 18yrs of age while under
the suspended sentence, the court shall determine
whether to discharge the child, to order execution
of the sentence, or to extend the suspended
sentence for a certain specified period or until the
child reaches the max age of 21
  CICL shall be credited in the service of his
sentence with the full time spent in actual
commitment and detention
CARE AND MAINTENANCE OF THE CICL
1. Shall be borne by his parents or those
persons liable to support him
2. In case his parents or those persons liable
to support him cannot pay all or parts of
said expenses:
a. 1/3 of the expense shall be
shouldered by the municipality
where the offense was committed,
1/3 shall be paid by the province to
which the municipality belongs, and
1/3 shall be borne by the national
govt
b. Chartered cities shall pay 2/3 of the
said expenses. In case a chartered
city cannot pay said expenses, part
of the internal revenue allotment
applicable to the unpaid portion
shall be withheld and applied to the
settlement of said obligation
c. In the event the CICL is not a
resident of the municipality/city
where the offense was committed,
the court may require the
municipality/city where CICL resides
to shoulder the cost
CIVIL LIABILITY
Parents shall be liable for damages unless they
prove, to the satisfaction of the court, that they
were exercising reasonable supervision over the
child at the time the child committed the offense
and exerted reasonable effort and utmost diligence
to prevent or discourage the child from committing
another offense
LIABILITY OF PARENTS/GUARDIANS OR ANY
PERSON IN THE COMMISSION OF DELINQUENCY
ACTS BY THEIR CHILDREN OR WARD
Shall be punished by a fine not exceeding P500 or to
imprisonment for a period not exceeding 2yrs or
both at the discretion of the court upon a person
who knowingly and willfully:
a. Aids, causes, abets or connives with the
commission by a child of delinquency
b. Does any act producing, promoting,
contributing to a child’s being or becoming
a juvenile delinquent
ART 81
WHEN AND HOW DEATH PENALTY IS TO BE
EXECUTED
*RA9346 expressly repealed RA8177 which
prescribed death by legal injection
*prior to the enactment of RA8177, death sentence
was executed by electrocution
*in view of RA9346, death penalty may not be
imposed; thus Art81-85 RPC have no application
*death sentence shall be executed with preference
to any other penalty (according to Art70 providing
for successive service of sentence with death
penalty as number 1 in the order of severity of
penalties)
 Death sentence shall be carried out not
earlier than 1yr nor later than 18mos after the
judgment becomes final and executor without
prejudice to the exercise by the Pres of his
executive clemency powers
ART 82
NOTIFICATION AND EXECUTION OF THE SENTENCE
AND ASSISTANCE TO THE CULPRIT
 A convict sentenced to death shall have the
right to consult a lawyer and make a will for the
disposition of his property
*a convict sentenced to death may dispose of his
property by an act or conveyance inter vivos
because he was not suffering civil interdiction at
the time he executed the deed of donation inter
vivos (Art40 provides that civil interdiction is an
accessory penalty only when the death penalty is
not executed by reason of commutation or
pardon)
ART 83
SUSPENSION OF THE EXECUTION OF THE DEATH
SENTENCE
1. Woman, while pregnant
2. Woman, within 1yr after delivery
 3. Person over 70yrs of age (REASON: to give
the Pres time to act because only the Pres can
commute the sentence)
4. Convict who becomes insane after final
sentence of death has been pronounced
*when he recovers his reason and before the
penalty has prescribed, he may be put to death
 RTC can suspend execution of death
sentence upon petition of the prisoner, based
upon grounds arising after judgment has
become final, the adjudication of which does
not challenge the validity of the judgment or
involve a review or reconsideration of the
proceedings (among such grounds are (1)
insanity or pregnancy of the convict, (2) non-
identity of the prisoner with the person actually
convicted and sentenced, (3) lack of a suitable
opportunity to be heard on an application for
executive clemency, and the like
*court cannot grant indefinite, permanent or
conditional suspension of the execution of
sentences pronounced in crim cases
 Records to be forwarded to the Office of
the Pres, when the death sentence has become
final for possible exercise of pardoning power
ART 47 ART 83
Cases when death Provides for suspension only
penalty is not to be of execution of death
imposed sentence
ART 84
PLACE OF EXECUTION: in the penitentiary or Bilibid
in a space closed to the public view
PERSONS WHO MAY WITNESS EXECUTION
1. Priests assisting the offender
2. Offender’s lawyers
3. Offender’s relatives, not exceeding 6, if so
requested
4. Physician
5. Necessary personnel of penal establishment
*a person below 18 may not be allowed to witness
an execution
ART 85
PROVISIONS RELATIVE TO THE CORPSE OF THE
FAMILY EXECUTED AND ITS BURIAL
1. It can be claimed by deceased’s family,
2. If not, corpse shall be turned over to the
institute of learning or scientific research
first applying for it for the purpose of study
and investigation provided that such
institution shall take charge of the decent
burial of the remains
3. Otherwise, Director of Prisons shall order
the burial of the body at government
expense, granting permission to be present
thereat to the members of the family and
friends of the culprit
*burial of the body of a person sentenced to
death should not be held with pomp or a
dignified display with a lot of splendor (ex:
lavish military parade) (REASON: to prevent
anyone from making a hero out of a
criminal)
ART 86
RECLUSION PERPETUA/TEMPORAL, PRISION
MAYOR/CORRECCIONAL, ARRESTO MAYOR
Penalties for such shall be executed and served in
the places and penal establishments provided by
the Admin Code in force or which may be provided
by law
ART 87
DESTIERRO
 Destierro – a penalty that restricts freedom;
persons sentenced to such cannot enter the
place designated in the sentence, nor
within a radius specified, which shall not be
more than 250 and not less than 25km from
the place designated
*entering the prohibited area is evasion of the
service of the sentence
WHEN DESTIERRO IS IMPOSED
*refer to notes on Art27 RPC
ART 88
ARRESTO MENOR
Such penalty shall be served:
1. in the municipal jail; or
2. in the house of the defendant himself under
the surveillance of an officer of the law
when the court provides in its decision,
taking into consideration the health of the
offender and other reason which may seem
satisfactory to it (ex: when convict is
suffering from tuberculosis)