Chapter 4 – Application of Penalties
Article 48: Penalty for Complex Crimes:
Section 1 – Rules for application of penalties to the persons criminally liable and for the graduation
of the same:
47. Article 46: Penalty to be imposed upon principals in general.
The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in
the commission of such felony.
Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable
to the consummated felony.
48. Article 47:
a. In what cases are death penalty shall not be imposed?
• When the guilty person is below 18 years of age at the time of the commission of the crime.
• When the guilty person is more than 70 years of age.
• When upon appeal or automatic review of the case by the Supreme Court, the vote of eight
members is not obtained for the imposition of the death penalty.
a. In what cases are the death penalty commuted automatically to reclusion perpetua?
Article 47 has become absolute because RA 9346 has proscribed again the imposition of death penalty
and in its stead shall be reclusion perpetua or life imprisonment as the case may be without any right of
the offender to avail of the benefit of parole. As a matter of law, though, when a convict is below 18 when
he committed the offense, with or without the death penalty law, the minor shall never be put to death
because minority is a privileged mitigating circumstance, which is always considered and is never offset
by any aggravating circumstance.
b. When the convict escapes from confinement, what will happen to the automatic appeal in SC?
In the case of People of the Philippines v. Josefina A. Esparas and Rodrigo O. Libed, GR No. 120034,
the court gave the counsel for the accused a new period of 30 days from notice hereof within which to
file the Brief of the accused. This is dictated by the policy that the State should not be given the license
to kill without the final determination of this Highest Tribunal. This principle is implicit in our Constitution
which recognizes that the accused, even if he belongs to a minority of one has the right to be right, while
the majority, even if overwhelming, has no right to be wrong.
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49.
a. What are the two kinds of complex crimes in Article 48?
• Compound crime or delito compuesto – when a single act constitutes two or more grave or less grave
felonies, and
• Complex crime proper or delito complejo – when an offense is a necessary means to commit the other
b. What are compound crimes?
• A single act is committed by the offender
• That single act resulted to two or more grave and/or less grave felonies
• The penalty provided is for the most serious in the maximum period
The felonies committed may be: (a) two or more grave felonies; (b) two or more less grave felonies; or
(c) one or more grave and one or more less grave felonies. When a light felony likewise resulted, the
light felony shall be treated as a separate offense.
c. What are the complex crimes proper under the second part of Article 48?
These are felonies denominated complex crime proper where one offense is necessary to commit
another. The two crimes thus committed comprise one complex crime. The first crime must be a necessary
means to commit the other. This means that the first offense is committed to insure and facilitate the
commission of the next crime.
d. What is necessary before the accused can be sentenced for a complex crime?
It is a condition precedent that there is one information charging a complex felony. Although a single act
resulted to two deaths, one murder and one homicide, the accused cannot be sentenced for a complex crime
with one penalty where two separate informations were filed for said killings.
e. What is the penalty for complex crimes under Article 48?
The penalty for complex crimes for the most serious crime in the maximum period.
f. What are the other kinds of plurality of crimes where a single penalty is imposed?
• Composite Crimes or Special Complex Crimes;
 • Continued Crime or delito continuado; and
• Continuing Crimes or transitory crimes
g. Distinguish composite crimes from complex crimes.
COMPOSITE CRIME
The combination of the offenses is fixed by law
The penalty for the specified combination of crimes
is also specific
If there are more than one count of the component
crime, there is just one composite crime to be
charged
If a light felony accompanied the commission of the
composite offense, such light felony is absorbed
Penalized in a single provision of law
COMPLEX CRIMES
The combination is not specified but in general
terms, that is, grave and/or less grave; or one
offense being the necessary means to commit the
other
The penalty is not specific but is for the most serious
offense in the maximum period
If there is more than one count of the crime forming
part of the complex crime, the first shall be
complexed while the other counts may be treated as
separate crime
If a light felony accompanies the commission of the
complex crime, the light felony may be subject to
separate information
Penalized by two provisions of law in relation to
Article 48
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Offenses under special law can become composite It is no possible to complex under Article 48 two
offenses; one felony and one offense
h. What are continued crimes?
Continued crimes or delito continuado also known as continuous crimes, the offender, impelled by a
single criminal impulse, commits a series of overt acts at about the same time in about the same place and
all the overt acts violate one and the same provision of law.
i. May the principle of delito continuado be applied to special laws?
Yes. The concept of delito continuado, although an outcrop of the Spanish Penal Code, has been applied
to crimes penalized under special laws. Under Article 10, the RPC shall be supplementary to special
laws, unless the latter provide the contrary. Hence, legal principles developed therefrom may be applied
in supplementary capacity to crimes punished under special laws.
j. What is a continuing crime?
In the Rules of Court it is one where any of the elements of the offense was committed in different
localities such that the accused may be identified in any of those localities. It may also refer to any
offense which is continuing in time. E.g. Rebellion, insurrection, conspiracy and proposal to commit such
crimes.
k. Can there be a complex crime in imprudence where one of the resulting felonies is a
light felony?
No. Where one of the resulting offenses in criminal negligence constitutes a light felony, there is no
complex crime. The resulting offenses may be treated as separate or the light felony may be absorbed by
the grave felony. Clearly, if a reckless, imprudent or negligent act results in two or more grave or less grave
felonies, a complex crime is committed.
k. When an act on acts constituting more than one offense, for what offense shall be
accused be liable for?
His liability may be for:
• A single crime, with one crime absorbing the other offenses;
• A complex crime when the offenses constitute grave or less grave felonies;
• A special complex crime, with each offense constituting elements of the composite offense; or
• Two separate crimes.
50. Article 49: Penalty to be imposed upon the principals when the crime committed is different from
that intended?
a. To what circumstance does Article 49 apply?
Article 49 applies to error in personae. The penalties for the intended crime and for the actual crime
committed are compared and the lower penalty is imposed in the maximum period, unless the crime
committed constitutes an attempt or frustration of another, and the law provides a higher penalty for the
frustrated or attempted felony, the penalty for the latter shall be imposed in the maximum period.
51. Article 50: Penalty to be imposed upon principals of frustrated crime.
The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed
upon principals in a frustrated felony.
52. Article 51: Penalty to be imposed upon principals of attempted crime.
A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed
upon the principals in an attempt to commit a felony.
53. Article 52: Penalty to be imposed upon accomplices in a consummated crime.
The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed
upon accomplices in the commission of a consummated felony.
54. Article 53: Penalty to be imposed upon accessories in a consummated crime.
The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed
upon the accessories to the commission of a consummated felony.
55. Article 54: Penalty to be imposed upon accomplices in a frustrated crime.
The penalty next lower in degree than that prescribed by the law for the frustrated felony shall be imposed
upon the accomplices in the commission of a frustrated felony.
56. Article 55: Penalty to be imposed upon accessories of a frustrated crime.
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The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon
the accessories to the commission of a frustrated felony.
57. Article 56: Penalty to be imposed upon accomplices in an attempted crime.
The penalty next lower in degree than that prescribed by the law for an attempt to commit a felony shall be
imposed upon the accomplices in an attempt to commit the felony.
58. Article 57: Penalty to be imposed upon accessories in an attempted crime.
The penalty lower by two degrees than that prescribed by law for the attempt shall be imposed upon the
accessories to the attempt to commit a felony.
59. Article 58: Additional penalty to be imposed upon certain accessories.
Those accessories falling within the terms of paragraph 3 of Article 19 of this Code who should act with
abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the
principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall
be guilty of a less grave felony.
60. Article 59: Penalty to be imposed in case of failure to commit a crime because the means
employed or the aims sought are impossible.
When the person intending to commit an offense has already performed the acts for the execution of the
same but nevertheless the crime was not produced by reason of the fact that the act intended was by its
nature one of impossible accomplishment or because the means employed by such person are essentially
inadequate to produce the result desired by him, the court, having in mind the social danger and the degree
of criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine ranging
from 200 to 500 pesos.
61. Article 60: Exceptions to the rule established in articles 50-57.
a. How are articles 50-57 applied in relation to Article 61?
Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable
to the consummated felony and against the principal offender. Hence, every penalty in the RPC should be
understood as imposed upon the principal for a consummated felony.
62. Article 61: Rules of graduating penalties.
For the purpose of graduating the penalties which, according to the provisions of Articles 50-57, inclusive, of
this Code, are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as
accomplices or accessories, the following rules shall be observed:
1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degree
shall be that immediately following that indivisible penalty in the respective graduated scale prescribed
in Article 71 of this Code.
2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more
divisible penalties to be imposed to their full extent, the penalty next lower in degree shall be that
immediately following the lesser of the penalties prescribed in the respective graduated scale.
3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the
maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible penalty and the maximum period of that
immediately following in said respective graduated scale.
4. When the penalty prescribed for the crime is composed of several periods, corresponding to different
divisible penalties, the penalty next lower in degree shall be composed of the period immediately
following the minimum prescribed and of the two next following, which shall be taken from the penalty
prescribed, if possible; otherwise from the penalty immediately following in the above mentioned
respective graduated scale.
5. When the law prescribes a penalty for a crime in some manner not specially provided for in the four
preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those
guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and
accessories.
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Section 2 – Rules for the application of penalties with regard to the mitigating and aggravating
circumstances and habitual delinquency.
63. Article 62: Effects of attendance of mitigating or aggravating circumstances and of habitual
delinquency.
a. What are the different kinds of modifying circumstances in this article?
1. Those which in themselves constitute a crime such as “by means of fire” or arson.
2. Those included by law in defining a crime and prescribing the penalty, e.g., laying hands upon
a person in authority which is direct assault.
3. Those inherent in the crime, e.g., dwelling in trespass to dwelling.
These shall no longer be considered in imposing the penalty because in (1) and (2) they were already
considered by the law in prescribing the penalty for the offense and in (3) the circumstance is absorbed by
the crime committed.
4. Those which are caused by the moral attributes of the offender or his relations with the offended
or any other personal causes (paragraph 3) – only the offender having such attribute shall be affected. Thus,
only the minor shall enjoy the privileged mitigating circumstance of minority. In parricide, only the relative-
offender shall be liable therefor; the co-conspirator shall be liable for homicide or murder, as the case may
be. Habitual delinquency will be considered against the one to whom it pertains and will not aggravate the
crime of the other offenders.
b. What are the elements of habitual delinquency and its effects?
The elements of habitual delinquency are:
1. The felonies must be any of falsification, robbery, estafa, theft, serious and less serious
physical injuries;
 2. There must be at least three convictions; and
3. The third conviction must take place within 10 years from the last conviction or release.
The effect of habitual delinquency is to impose upon the convict an additional penalty, which increases
with the number of his convictions from the third and so forth, but the total of the two penalties (for the
crime and for the habitual delinquency) should not be more than 30 years. Thus, habitual delinquency
is in effect not a “regular” aggravating circumstance but is akin to a felony with its own escalating penalty.
Another effect is that habitual delinquents are disqualified from the retroactive application of a favorable
penal law.
d. When both mitigating and aggravating circumstances are present, the court shall
allow them to offset one another.
c. To what kind of mitigating circumstances do articles 63 and 64 refer?
The mitigating circumstances referred to in Articles 63 and 64 are ordinary mitigating circumstances
because privileged mitigating circumstances are always considered whether the penalty imposable is
divisible or indivisible. Thus, privileged mitigating circumstances are first considered before the rules in said
articles are applied to determine the proper penalty and/or period to be imposed on the convict.

64. Article 63: Rules for the application of indivisible penalties.

a. Where there are two indivisible penalties prescribed for an offense and there are no
modifying circumstances, what should be the proper penalty?

The proper penalty should be that pursuant to Article 63 paragraph 3. The court cannot proceed by
analogy to the provisions of subsection 5 of Article 64 and impose a penalty lower by one degree. The rule
applicable is found in Article 63 and not in Article 64. 65. Article 64: Rules for application of penalties which contain three periods.

• What are the rules for the application of indivisible penalties? a. Summarize the rules applicable when the penalty imposable is divisible.

1. When the penalty is single indivisible, it shall be applied regardless of any mitigating or Modifying Circumstances Proper Period
aggravating circumstances.
No aggravating and no mitigating Medium
2. When the penalty is composed of two indivisible penalties, the following rules shall be
observed: Mitigating only Minimum

a. When there is only one aggravating circumstance, the greater penalty shall be Aggravating only Maximum
imposed.
Some of both present Offset then apply above rules
b. When there is neither mitigating nor aggravating circumstances, the lesser penalty
shall be imposed. Lower the penalty by one degree in the proper
Two or more mitigating with no aggravating
period
c. When there is a mitigating circumstance and no aggravating circumstance, the lesser
penalty shall be imposed. Courts cannot:

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 1. Lower the penalty by a degree when there is an aggravating circumstance even if the net effect
of the offsetting is that two or more mitigating circumstances are left;
2. Lower by two degrees when there are four mitigating circumstances and no aggravating;
3. Impose a greater penalty than that prescribed by law no matter how many aggravating
circumstances are present.
b. What is the relationship between Article 64 and the Indeterminate Sentence Law?
Article 64 is important in the application of the ISL because the modifying circumstances are first
considered in determining the maximum penalty. On the basis of the computed maximum penalty, the
minimum penalty shall be within the whole range of the penalty next lower in degree in the period which the
court may be deem proper. Article 64 is not considered in determining the minimum penalty. Rather, the
minimum is the whole range of the penalty next lower in degree than the computed maximum penalty.
• When there are two or more mitigating and no aggravating circumstances, what penalty
should be imposed?
The penalty next lower to that prescribed by the RPC shall be imposed in the period that the court may
deem applicable depending upon the number and nature of mitigating circumstances pursuant to Article
64 (5).
66. Article 65: Rule in cases in which the penalty is not composed of three periods.
a. What is the rule when a divisible penalty is imposed upon an offender?
Article 76 gives the legal duration of divisible penalties, i.e., it shall be considered as divided into three
periods: minimum, medium and maximum. When the law prescribes a penalty that does not comply with this
requirement, Article 65 directs that the penalty shall be made to comply therewith by dividing it into three
periods to conform to the rule that divisible penalty shall be deemed as divided into three periods.
67. Article 66: Imposition of fines.
a. What factors are considered in the imposition of fines to the culprit?
1. Presence of modifying circumstances. In one case, the 10,000 peso fine was reduced to 2,000
pesos in view of three mitigating circumstances.
2. More particularly, the wealth or means of culprit. Thus, the fine to be imposed may be reduced
if, notwithstanding the presence of aggravating circumstance, the culprit cannot afford the correct fine.
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68. Article 67: Penalty to be imposed when not all the requisites of exemption of the fourth
circumstance of article 12 are present.
When all the conditions required in circumstance number 4 of Article 12 of this Code to exempt from criminal
liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon the culprit, if he shall have been guilty of a grave felony, and arresto
mayor in its minimum and medium periods, if of a less grave felony.
69. Article 68: Penalty to be imposed upon a person under 18 years of age.
a. Why is the penalty imposable upon a minor both discretionary and mandatory?
The penalty imposable upon a minor is discretionary as the court may, after it shall have convicted and
sentenced a child in conflict of the law, and upon application at any time, place the child on probation in lieu
of service of his/her sentence taking into account the best interest of the child. The penalty imposable upon
a minor is mandatory as it automatically exempts the child in conflict with the law from criminal liability unless
he/she has acted with discernment in cases where the accused is above 15 but under 18 years old.
b. Who has the burden of proving the circumstance of minority?
Prior to R.A. 9344, Mendoza, July 1998, stated that the burden of proof that accused was a minor at the
time of the commission of the offense is on him. Upon the law’s effectivity, the minor need not prove his
minority because he enjoys the presumption of minority pursuant to Section 7 thereof. In case of doubt as to
age, it shall be resolved in favor of minority.
70. Article 69: Penalty to be imposed when the crime committed is not wholly excusable.
a. When there is an incomplete justification or exemption of the offense committed, how
should the mitigation of penalty be effected?
If there is present less than a majority of the conditions, it will be an ordinary mitigating circumstance,
which will lower the penalty to the minimum period but maybe offset by any aggravating circumstance. If
there is present majority of the conditions, it will be a privileged mitigating circumstance, which will lower the
penalty by one or two degrees and will not be offset by any aggravating circumstance.
b. What penalty should be imposed on the accused when his incomplete self-defense is
coupled with two more mitigating circumstances?
 The penalty will be three degrees lower. Thus, if the accused charged with homicide punishable by
reclusion temporal proved unlawful aggression on the part of the deceased and another requisite of self-
defense; plus two mitigating circumstances of surrender and obfuscation, without any aggravating
circumstance, the proper penalty for him is arresto mayor medium or from two months and one day to four
months.
71. Article 70: Successive service of sentence.
a. What is the rule when a convict is given multiple sentences?
The general rule is that he shall serve them simultaneously if the nature of the penalties permits
simultaneous service of sentence. Otherwise, the penalties shall be served successively in the order of
severity as prescribed in this article. For instance, imprisonment and fine, multiple death sentences, and
imprisonment and disqualification, among others shall be served simultaneously because these penalties
permit simultaneous service. But several terms of imprisonment like several reclusion perpetua cannot be
served simultaneously hence, they should be served successively, starting from the most severe.
b. What are the limitations on the service of sentence?
• Accused to serve the lesser period which in no case shall exceed 40 years.
e. Should the judge refrain from imposing the correct penalties if these would exceed the
limitation of penalties under the three-fold rule?
No. This article deals with service of sentence and not with imposition, hence, it is for the Director of
Prisons to follow. The court should impose the correct penalties even if these will amount to more than the
lifetime of the prisoner. Consequently, all the sentences on the prisoner imposed by any court for whatever
crimes whenever decided should be covered by this rule. The Director of Prisons must have a record of all
such sentences on a convict. The rationale for imposing the correct penalty is that when the convict is
pardoned for one, he will still serve the other sentences meted on him.
f. If the penalties imposed are all equal, how should the three-fold rule operate?
If the penalties imposed are all equal, for instance, seven reclusion perpetua, the period thereof shall be
considered as the most severe penalty for the purpose of applying the three-fold rule.

• The three-fold rule – the maximum duration of the convict’s sentence shall not be more than three-
fold the length of time corresponding to the most severe of the penalties imposed upon him. No
other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals
the same maximum period. In other words, the maximum penalty is three times the most severe or
the total of the penalties imposed, whichever is lower.
• Such maximum period shall in no case exceed 40 years. Whatever is lowest between the sum of
the penalties and three times the most severe, it shall not be more than 40 years.
g. If multiple death sentences are imposed, how will the rule on service of sentence under
Article 70 be complied?
Multiple death penalties are not impossible to serve because they will have to be executed
simultaneously. The imposition of multiple death penalties, far from being a useless formality, has practical
importance. The sentencing of an accused to several capital penalties is an indelible badge of his extreme
perversity, which may not be accurately projected by the imposition of only one death sentence irrespective
of the number of capital felonies for which he is liable.

c. What is the three-fold rule?

The three-fold rule, the maximum duration of the convict’s sentence shall not be more than three times
the length of time corresponding to the most severe of the penalties imposed upon him.

d. How is penalty computed?

• Get the most severe penalty imposed following Article 70.

• Multiply by 3 the duration of the most severe penalty.

• Add the duration of all the different sentences.

• Compare the results of steps 2 and 3 and

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 1. Perpetual absolute disqualification,

2. Temporary absolute disqualification,

3. Suspension from public office, the right to vote or be voted for, the right to follow a profession or
calling,

4. Public censure,

5. Fine.

73. Article 72: Preference in payment of the civil liabilities.

72. Article 71: Graduated Scales.
The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the
In the cases in which the law prescribes a penalty lower or higher by one or more degrees than another given chronological order of the dates of the final judgments rendered against him, beginning with the first in order
penalty, the rules prescribed in Article 61 shall be observed in graduating such penalty. The lower or higher of time.
penalty shall be taken from the graduated scale in which is comprised the given penalty. The courts, in
applying such lower or higher penalty, shall observe the following graduated scales:

Scale No. 1 Section 3 – Provision common to the last two preceding sections.

1. Death, 74. Article 73: Presumption in regard to the imposition of accessory penalties.

2. Reclusion perpetua, a. What is the effect when a decision does not expressly state the accessory penalty
together with the principal penalty?
3. Reclusion temporal,
The accessory penalties provided for in Articles 40 to 45 are deemed imposed by th courts without the
4. Prision mayor, necessity of making an express pronouncement of their imposition.

5. Prision correccional, 75. Article 74: Penalty higher than reclusion perpetua in certain cases.

6. Arresto mayor, In cases in which the law prescribes a penalty higher than another given penalty, without specifically
designating the name of the former, if such higher penalty should be that of death, the same penalty and the
7. Destierro, accessory penalties of Article 40, shall be considered as the next higher penalty.

8. Arresto menor, 76. Article 75: Increasing or reducing the penalty of fine by one or more degrees.

9. Public censure, a. How is the penalty of fine increased or reduced?

10. Fine. Fines are reduced by one or two degrees when the felony is attempted or frustrated or when imposed
upon the accessory or the accomplice. For each degree, ¼ of the maximum amount is taken. The penalty
Scale No. 2 as computed shall in no case be lower than the minimum prescribed by law.

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 77. Article 76: Legal period of duration of divisible penalty.
a. How are the periods of divisible penalty computed?
Using as an example prision mayor with a period of 6 years and 1 day to 12 years, the period is
determined as follows:
Step 1 – Get the duration of the penalty: End of period minus its beginning (12 yrs – 6 yrs.)
Step 2 – Divide by 3 periods the duration (6 yrs. / 3)
Step 3 – Add the quotient in step 2 to the beginning of each period. (6 yrs. + 2 yrs.)
b. What is the significance of 1day in the beginning of each penalty?
It is to differentiate the period from the minimum and the maximum penalties.
78. Article 77: When the penalty is a complex one composed of three distinct penalties.
In cases in which the law prescribes a penalty composed of three distinct penalties, each one shall form
a period; the lightest of them shall be the minimum, the next the medium, and the most severe the maximum
period.
Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the
periods shall be distributed, applying by analogy the prescribed rules.
INDETERMINATE SENTENCE LAW:
a. What is the Indeterminate Sentence Law?
It is a law which modified the imposition of penalties under the RPC and special laws. The courts
are mandated in imposing a sentence to fix a minimum and a maximum period of penalty. The minimum
sentence must be served and thereupon, the convict becomes eligible for parole. When released, he is
not actually discharged for the rest of his sentence is served out of prison under the supervision of a
parole officer.
b. What are the objectives of the law?
It is to avoid the unnecessary, prolonged imprisonment of convicts which may result in economic
wastefulness. That is why after the prisoner has served the minimum and has shown that he has
reformed, he is given parole. The philosophy underlying the ISL is that of redeeming valuable human
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material and preventing unnecessary deprivation of personal liberty and economic wastefulness with
due regard to the protection of the social order.
c. When is the law not applicable?
The ISL is mandatory except in the following cases:
• Penalties: death and life imprisonment; prison terms the maximum of which is not more than one
year (one year or less); reclusion perpetua imposed as a single indivisible penalty under Article 63;
and non-prison sentences of fine, destierro, disqualification, etc. (Section 1).
• Offenses: Treason, Proposal or Conspiracy to commit Treason, Misprision of Treason, Rebellion,
Espionage, Sedition, Piracy.
• Offenders: habitual delinquents, escapees from confinement, evaders of sentence, violators of
conditional pardon granted by the Chief Executive.
d. How does the law operate?
• The sentence must state: “Within the range of (for instance) prision mayor as minimum, and within
the range of reclusion temporal as maximum.” This is necessary because of the accessory
penalties.
• The maximum period is determined by considering the presence of modifying circumstances
applying the rules on Article 64. Privileged mitigating circumstances must be first be considered
before applying the said rules.
• The minimum is fixed at one degree lower than that provided by the RPC. The minimum is within
the whole range of the next lower penalty; not necessarily in the same period as the maximum
penalty. In other words, the period of the minimum and the maximum penalty need not be the same.
The penalty is indeterminate not indeterminable. Once, a judge imposed a sentence where
both the minimum and maximum penalty had minimum and maximum period. It was deemed
ignorance of the law.
e. When the crime is a complex one, how should the penalty next lower in degree be
determined?
For purposes of determining the next lower in degree, the full range of the penalty prescribed by
law for the offense, not merely the imposable penalty because of its complex nature, should, a priori,
be considered. In fine, the one degree lower than prision mayor maximum to reclusion temporal
minimum is prision mayor maximum to prision mayor medium the full range of which is 6 years and
1 day to 10 years. This one degree lower should, conformably with Article 48, be imposed in its
maximum period or from 8 years and 1 day to 10 years. The presence of the third mitigating
circumstance of praeter intentionem would result in imposing a period the court may deem
applicable. Considering, however, that the penalty has to be imposed in the maximum period, the
only effect of this additional mitigating circumstance is to impose only the minimum portion of that
maximum period, that is from 8 years, 8 months and 1 day to 9 years, 6 months and 10 days, from
which range the maximum of the indeterminate sentence shall be taken.
f. Why is there a need to specify the minimum and maximum periods of the indeterminate
sentence?
The need for specifying the minimum of the indeterminate sentence is to prevent the unnecessary
and excessive deprivation of liberty and to enhance the economic usefulness of the accused, since
he may be exempted from serving the entire sentence, depending upon his behavior and his
physical, mental, and moral record. The maximum penalty is necessary for purposes of the
accessory penalties and in case the convict is not given parole because his conduct in prison did
not show that he is worthy to be released from prison.
g. When should a straight penalty be imposed upon the accused?
It is error to impose a straight penalty of 20 years of imprisonment for the crime of illegal fishing with
the use of explosive. The ISL provides that if the offense is punished by a law other than the RPC,
the court shall sentence the accused to an indeterminate sentence, the maximum term of which
shall not exceed the maximum fixed by the said law and the minimum shall not be less than the
minimum term prescribed by the same.
h. Is the Indeterminate Sentence Law applicable when the penalty imposed resulted from
plea bargaining?
Plea bargaining is authorized by the Rules and is required to be considered at the pre-trial
conference. The felony which must constitute the basis for the penalty to be imposed having been
agreed upon among the parties and approved by the trial court, that downgraded offense and its
lower penalty shall control the adjudgment of and any further proceedings before the court a quo.
It follows that the ISL shall necessarily apply.
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PROBATION LAW:
a. What is the nature and benefit of probation?
Probation is a privilege, not a right. Its benefits cannot extend to those expressly excluded. Probation is not a
right of the accused, but rather an act of grace and clemency or immunity conferred by the State which may be
granted by the court to a deserving defendant who thereby escapes the extreme rigors of the penalty imposed
by law for the offense of which he stands convicted. It is a disposition under which the defendant after conviction
and sentence is released to serve his sentence outside of prison subject to the conditions imposed by the court
and to the supervision by a probation officer. The probation Law is not a penal statute; the principle of liberal
interpretation in favor of the accused does not apply.
b. What are the objectives of probation law?
• To promote correction and rehabilitation of the offender by giving him individualized treatment;
• To provide a better opportunity for the penitent offender to reform;
• To prevent further commission of crimes as he is placed under the supervision of probation officer;
• To decongest jails; and
• To save the government funds which would be spent on maintaining him inside the jail.
c. What are the probationable penalty?
The penalty imposed must not exceed six years (prision correccional) imprisonment. An additional one day
(prision mayor) would disqualify the offender from probation. Because the accused is earlier imposed a fine of
more than P200 in the first of the three cases charged against him arising from one act of issuing three bad
checks, he is disqualified under Section 9(c) of P.D. 968. The word “previous” therein refers to conviction not to
the commission of the offense, notwithstanding the fact that the crime arose out of a single transaction.
d. Who are the disqualified offenders?
Those who had been:
• Sentenced to a maximum term of more than 6 years imprisonment;
• Convicted of subversion or any crime against national security or the public order;
• Previously convicted by final judgment of offense punished by imprisonment of not less than 1 month
and 1 day and/or fine of not less than P200;
 • Granted probation for it is available only once;

• Already serving a sentence upon the effectivity of the law;

• Perfected an appeal for appeal and probation are mutually exclusive remedies.

e. May a convict who appealed his conviction still be qualified for probation?

No. Section 4 of the law is clear that “no application for probation shall be entertained or granted if the defendant
has perfected the appeal from the judgment of conviction.” Therefore, that an appeal should not bar the accused
from applying for probation if the appeal is taken solely to reduce the penalty to “qualify” for probation is contrary
to the clear and express mandate of the law. The spirit of probation is irreconcilable and repugnant to appeal.
The application for probation is akin to admission of guilt and manifestation of remorse whereas appeal is
insistence of innocence on the part of the convict. Thus, they are mutually exclusive remedies. Probation
forecloses the right to appeal. Chapter 5 – Execution and Service of Penalties:

f. Distinguish between Probation and Indeterminate Sentence Law. Section 1 – General Provisions:

Probation ISL 79. Article 78: When and how a penalty is to be executed.

Sentence Must not be more than 6 years Maximum period must be more No penalty shall be executed unless by virtue of a final judgment.
than 1 year
A penalty shall not be executed in any other form than that prescribed by law, nor with any other
Penalty Imprisonment or fine Imprisonment only circumstances or incidents than those expressly authorized thereby.

Disposition Sentence is suspended Minimum to be served In addition to the provisions of the law, the special regulations prescribed for the government of the
institutions in which the penalties to be suffered shall be observed with regard to the character of the work to be
performed, the time of its performance, and other incidents connected therewith, the relations of the convicts
Violation Entire sentence shall be served Unexpired portion shall be served
among themselves and other persons, the relief which they may receive, and their diet.
Appeal Forecloses probation No effect on the operation of ISL
The regulations shall make provision for the separation of the sexes in different institutions, or at least
into different departments, and also for the correction and reform of the convicts.
Availability Only once Every time as long as offender is
not disqualified
80. Article 79: Suspension of execution and service of the penalties in case of insanity.
Nature A privilege; convict must applied Mandatory; convict need not apply When a convict shall become insane or an imbecile after final sentence has been pronounced, the
for it for it execution of the said sentence shall be suspended only with regard to the personal penalty, the provisions of the
second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty
shall have prescribed in accordance with the provisions of this Code.

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 The respective provisions of this section shall also be observed if the insanity or imbecility occurs while d. RA 8177
the convict is serving his sentence.
Under R.A. No. 8177 which was approved on March 20, 1996, the death sentence shall be
81. Article 80: Suspension of sentence of minor delinquent. executed by means of lethal injection. Prior to the enactment of R.A. No. 8177, the death sentence was executed
by electrocution.
a. PD 603
83. Article 82: Notification and execution of the sentence and assistance to the culprit.
Article 80 of the Revised Penal Code has been repealed by Chapter Three of Presidential
Decree No. 603 (The Child and Youth Welfare Code). The court shall designate a working day for the execution, but not the hour thereof; and such designation
shall not be communicated to the offender before sunrise of said day, and the execution shall not take place until
b. RA 9344 after the expiration of at least 8 hours following the notification, but before sunset. During the interval between
the notification and the execution, the culprit shall, insofar as possible, be furnished such assistance as he may
Article 80 of the Revised Penal Code has been repealed by Republic Act No. 9344 (Juvenile request in order to be attended in his last moments by priests or ministers of the religion he professes and to
Justice and Welfare Act of 2006), as amended by Republic Act No. 10630 (An Act Strengthening the Juvenile consult lawyers, as well as in order to make a will and confer with members of his family or person in charge of
Justice System in the Philippines). the management of his business, of the administration of his property, or of the care of his descendants.

84. Article 83: Suspension and execution of the death sentence.

a. When is there automatic reprieve and automatic commutation of the death

sentence?

• Woman, while pregnant;

Section 2 – Execution of Principal Penalties.
• Woman, within one year after delivery;
82. Article 81: When and how the death penalty is to be executed.
• Person over 70 years of age.
a. What is the constitutional policy on penalty as a whole?
• Convict who becomes insane after final sentence of death has been pronounced. But when he
No excessive fines or cruel or inhuman punishment should be imposed. Consequently, the recovers his reason and before the penalty has prescribed, he may be put to death.
Committee of the 1986 Constitutional Commission reported out the present text which prohibits cruel, degrading
or inhuman punishment as more consonant with the meaning desired and with jurisprudence on the subject. b. What vote is needed in the SC to affirm a death sentence?
b. What court should designate the date of execution? In order to affirm a death sentence, a majority vote by the Supreme Court must be cast affirming
such sentence. 8 justices must affirm the sentence in order for the penalty to be imposed.
The Supreme Court shall refer the date of execution to the Regional Trial Court in which the
case was filed. c. What should the court do upon finality of the decision imposing death penalty?
c. When should the date of execution be fixed? In all cases where the death sentence has become final, the records of the case shall be
forwarded to the Office of the President for possible exercise of the pardoning power. (Article 83, par. 2)
The death sentence shall be carried out not earlier than one year nor later than 18 months after
the judgment becomes final and executory, without prejudice to the exercise by the President of his executive 85. Article 84: Place of execution and persons who may witness the same.
clemency powers.

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 The execution shall take place in the penitentiary or Bilibid in a space closed to the public view and shall 90. Article 89: How criminal liability is totally extinguished.
be witnessed only by the priests assisting the offender and by his lawyers and by his relatives, not exceeding six,
if he so requests, by the physician and the necessary personnel of the penal establishment, and by such persons Criminal liability is totally extinguished:
as the Director of Prisons may authorize.
• By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability
86. Article 85: Provision relative to the corpse of the person executed and its burial. therefor is extinguished only when the death of the offender occurs before final judgment;

a. What crime is committed when a person legally executed is buried with pomp? • By service of sentence;

Burying a person legally executed is penalized under Article 153. The purpose of the law is to • By amnesty, which completely extinguishes the penalty and all its effects;
prevent anyone from making a hero out of a criminal.
• By absolute pardon;
87. Article 86: Reclusion perpetua, reclusion temporal, prision mayor, prision correccional
and arresto mayor – how executed. • By prescription of the crime;
The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correctional and arresto • By prescription of the penalty;
mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code
in force or which may be provided by law in the future. • By the marriage of the offended woman, as provided in Article 344 of this Code.
88. Article 87: Destierro – how executed. 91. Article 36: Pardon – What are its effects.
Any person sentenced to destierro shall not be permitted to enter the place or places designated in the A pardon shall not work the restoration of the right to hold office, or the right of suffrage, unless such
sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers rights be expressly restored by the terms of the pardon.
from the place designated.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him
89. Article 88: Arresto menor – how executed. by the sentence.
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.

TITLE 4 – EXTINCTION OF CRIMINAL LIABILITY

Chapter 1 – Total Extinction of Criminal Liability

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ATTY. DEGOMA
 d. What are the effects of pardon by the offended party?

It does not extinguish criminal liability. The only exception is valid marriage in Article 266-C and
Article 344 between the offender and the victim to effect an extinguishment of criminal liability. But civil liability is
92. Article 23: Effect of pardon by the offended party extinguished by express waiver of the offended.

a. What are the causes of total extinction of criminal liability?

• Death of convict (pecuniary liability is extinguished if death occurs before final judgment)

• Service of the sentence

• Amnesty e. Distinguish pardon by the offended party from pardon by the president.

• Absolute pardon Pardon by the Offended Party Pardon by the President

• Prescription of crime Does not extinguish the liability except by valid Extinguishes the criminal liability but not the civil
marriage of the victim and the offender in rape and in
• Prescription of penalty and crimes against chastity under Articles 266-C and
344. But the offended can waive the civil liability
• Marriage of the offended woman under Articles 266-C and 344.
Must be given prior to the institution of the criminal Is given after final judgment
Express repeal of penal law will also extinguish criminal liability subject to the provisions of case to be effective. But Article 266-C now allows
Article 22, as the act is decriminalized. pardon even after final judgment by the valid
marriage between the offended and the offender
b. What is the effect of the death of the offender on his criminal and civil liabilities?

Death of convict extinguishes criminal liability at any stage of the proceeding but his civil liability
shall be extinguished if death occurs before the final judgment. The reason is that the penalty requires personal f. What are the limitations on the pardoning power of the Chief Executive?
service of sentence. If death occurs, there will be nobody to serve the penalty for the crime.
• That the power be exercised after final conviction, and
c. What is the “final judgment” in par. 1 of Article 89?
• That such power does not extend to cases of impeachment.
“Sentencia firma” should be understood as one which is definite. Because it is only then that
such judgment is confirmed. When a defendant dies before judgment is executory, there cannot be any g. When does judgment of conviction become final?
determination by final judgment whether or not the felony upon which the civil action might arise exists for the
reason that there is no party defendant. Section 7 of Rule 116 of the RRCP which states that a judgment in a • When no appeal is seasonably perfected
criminal case becomes final after the lapse of the period for perfecting an appeal or when the sentence has been
partially or totally satisfied or served or the defendant has expressly waived in writing the right to appeal. Or by • When the accused commences to serve the sentence
applying for probation because that constitutes an express waiver of the right to appeal. The term final judgment
means judgment beyond recall. As long as the judgment has not become executory, it cannot be truthfully said • When the right to appeal is expressly waived in writing, and
that the accused is definitely guilty of the felony charged against him.

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 • When the accused applies for probation, thereby waiving his right to appeal. Congress Concurrence required Stay concurrence not needed

h. What is the effect of an appeal of judgment of conviction on the power of the When given Even before conviction After final conviction
president to extend pardon?
Beneficiary Usually a class of persons A specific individual
An appeal brings the entire case within the exclusive jurisdiction of the appellate court. The
doctrine of separation of powers demands that such exclusive authority of the appellate court be fully repected Nature Public act of the President; courts Private act of the President; no
and kept unimpaired. must take judicial notice judicial notice

Pardon is given by the Chief Executive and as such it is a private act which must be pleaded
and proved by the person pardoned, because the courts take no notice thereof; while amnesty is by Proclamation
of the Chief Executive with the concurrence of Congress, and it is a public act of which the courts should take
judicial notice. Pardon looks forward and relieves the offender from the consequences of an offense of which he
has been convicted, that is, it abolishes or forgives the punishment, and for that reason does not work the
restoration of the rights to hold public office, or the rights of suffrage, unless such rights be expressly restored by
the terms of the pardon, and it in no case exempts the culprit from the payment of the civil indemnity imposed
upon him by the sentence.

k. Is novation a means of extinguishing criminal liability?

i. What is amnesty?
No. It is not a mode of extinguishing criminal liability. It may prevent the rise of criminal liability
Amnesty is one of the presidential prerogatives besides reprieve, commutation of sentence, as long as it occurs prior to the filing of the criminal information in court.
pardon and remittance of fines and forfeitures. But unlike the latter prerogatives, amnesty requires congressional
action. It is an act of grace, which relieves the offender not only from suffering the penalty but obliterates the
effects of the conviction as if the act were not criminal. It is usually given to political offenders.

Amnesty looks backward and abolishes and puts into oblivion the offense itself; it so overlooks
and obliterates the offenses with which he is charged that the person released by amnesty stands before the law 93. Article 90: Prescription of crimes.
precisely as though he had committed no offense. It is a public act of the President which courts take judicial
notice of especially since it is concurred to by Congress. a. What are the laws on prescription of offenses?

j. Distinguish between amnesty and absolute pardon. For felonies under the RPC, the governing law on prescription is Articles 90 and 91. For
offenses under special laws, the penal law may provide for the period and the rules for prescription of violations
AMNESTY PARDON thereof, Otherwise, Act 3326, “An Act to Establish Periods of Prescription for Violations Penalized by Special Acts
and Municipal Ordinances and to Provide When Prescription Shall Begin to Run” applies.
Application Generally to political crimes and Generally to ordinary crimes and
offenders offenders 94. Article 91: Computation of prescription of offenses.

Effect Obliterates the effects of Relieves the offender of penalty a. What is prescription of crime?
conviction as if the act were not but the effects of conviction
criminal Prescription of crime refers to the loss of the right of the State to prosecute offenders. It is not
waivable. Since it is for the benefit of the accused, the period of prescription cannot be extended. Once

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ATTY. DEGOMA
prescription has set in, the courts automatically lose jurisdiction over the case. The basis of prescription is the a. What are the prescriptive periods of felonies?
higher penalty if several were imposed pursuant to the last paragraph of Article 90.
Reclusion perpetua 20 years
b. When does the period of prescription start to run?
Reclusion temporal, disqualification, and prision 15 years
The running of the period stars from the discovery of the crime by the offended or the authorities mayor
or their agents. This list is exclusive; discovery by other than the persons enumerated will not even make the
period start to run. Prision correccional, suspension and destierro 10 years

c. What causes the interruption and resumption of the running of the period? Arresto mayor 5 years

The running of the period is interrupted by the filing of the complaint or information or when the Arresto menor, public censure 1 year
offender is out of the country. The period runs again when the proceedings are terminated without acquittal or
conviction for reasons not attributable to the offender. The duration of the resumed period should be the
unexpended portion only for to give the period a fresh start every time it is interrupted is prejudicial to the offender.
96. Article 93: Computation of the prescription of penalties.
d. What is the effect of the delay in the reporting of crimes in its prosecution?
a. What is prescription of penalty?
None. The law on prescription would be meaningless if the proposition that delay in the
prosecution of crimes would be fatal to the State and the offended party is countenanced. In fixing the different It is the loss of the right of the State to enforce the sentence imposed on the convict by the
prescriptive periods on the basis of the gravity of the penalty prescribed, the law takes into account or allows lapse of time. Prescription of penalty becomes operative when the convict escapes from detention or evades the
reasonable delays in the prosecution thereof. service of his sentence.

e. Who is the offended party in Article 91?
Article 91 does not define the term of the offended party but its definition is found in Section
12, Rule 110 of the RRCP as “the person against whom or against whose property the offense was committed.”
More specifically, it is reasonable to assume that the offended is the party to whom the offender is civilly liable,
in the light of Article 100 of the Code, which expressly provides that every person criminally liable for a felony is
also civilly liable. Invariably then, the private individual to whom the offender is civilly liable is the offended party.
b. How is the running of the period of prescription of penalty which has
commenced tolled?
The period of prescription begins to run when the convict evades service of sentence by
escaping during the term of his sentence. If the convict has not suffered deprivation of liberty before his arrest
and as a consequence, never evaded sentence by escaping during the term of his sentence, the period of
prescription never began.

The tolling period of prescription of penalty occurs when the convict:

• Gives himself up;

f. Can brief trips abroad qualify as “absence” contemplated in article 91?
No. These trips were very brief, and in every case, the private respondent returned to the
Philippines. Besides, these were made long after the petitioner discovered the offense and even if the aggregate
number of days of these trips were considered, still the information was filed well beyond the prescriptive period.
95. Article 92: When and how penalties prescribe.
• Is captured;
• Goes to another country with which the Philippines has no extradition treaty; and
• Commits another crime before the expiration of the period of prescription.

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Chapter 2 – Partial extinction of criminal liability. of the pardon, he will be recommitted to prison to serve the unexpired portion of the sentence or an additional
one.
97. Article 94: Partial extinction of criminal liability.
d. May the grant of conditional pardon be subject to the review of the courts?
Criminal liability is extinguished partially:
No, this exercise of presidential judgment is beyond judicial scrutiny. The determination of the
• By conditional pardon; violation of the conditional pardon rests exclusively in the sound judgment of the Chief Executive.

• By commutation of the sentence; and e. Is petition for writ of habeas corpus be the remedy for a person incarcerated
because of violation of the terms of conditional pardon?
• For good conduct allowances which the culprit may earn while he is serving his sentence.
Habeas Corpus lies only where the restraint of a person’s liberty has been judicially adjudged
98. Article 95: Obligation incurred by a person granted conditional pardon. as illegal or unlawful. Ultimately, solely vested in the Chief Executive, who in the first place was the exclusive
author of the conditional pardon and of its revocation, is the corollary prerogative to reinstate the pardon if in his
a. What causes partial extinction of criminal liability? own judgment, the acquittal of the pardonee from the subsequent charges filed against him, warrants the same.
Courts have no authority to interfere with the grant by the President of a pardon to a convicted criminal.
Under Article 94:
f. What are the effects of conditional pardon as to the civil liability?
• Conditional Pardon;
A conditional pardon does not extinguish the civil liability arising from the crime.
• Commutation of sentence; and
g. What is the consequence of a violation of the conditions of conditional pardon?
• Good conduct allowance.
Failure to comply with the conditions shall result in the revocation of the pardon. Under Section
In addition: 64(i), R.A.C., the Chief Executive may order his arrest and reincarceration. He becomes liable under Article 159.
This is the judicial remedy.
• Parole under the ISL;
99. Article 96: Effects of commutation of sentence.
• Probation under P.D. 968;
The commutation of the original sentence for another of a different length and nature shall have the legal
• Partial repeal of penal law. effect of substituting the latter in the place of the former.

b. What are the requisites for conditional pardon? 100. Article 97: Allowance for good conduct.

It must be given after final judgment and must be accepted because of the conditions which The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29
must be complied with strictly. For, if the offender violates the condition of his pardon and the penalty remitted is of this Code, or of any prisoner in any penal institution, rehabilitation or detention center or any other local jail
less than six years, he shall be meted an additional penalty. shall entitle him to the following deductions from the period of his sentence:

c. What are the nature and effects of a conditional pardon? • During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each
month of good behavior during detention;
A conditional pardon is a contract between the Chief Executive and the convicted criminal to
the effect that the former will release the latter subject to the condition that if he does not comply with the terms

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 • During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-
three days for each month of good behavior during detention;
• During the following years until the tenth year, inclusive of his imprisonment, he shall be allowed a
deduction of twenty five days for each month of good behavior during detention;
• During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty
days for each month of good behavior during detention; and
• At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in
addition to numbers one to four hereof, for each month of study, teaching or mentoring service time
rendered.
An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.
101. Article 98: Special time allowance for loyalty.
a. When is good conduct allowance given?
There must be the following requisites:
• The occurrence of disorder resulting from a conflagration, earthquake, explosion or similar
catastrophe or a mutiny in which the prisoner did not participate;
• The convict must evade the service of his sentence;
• He must give himself up within 48 hours after the issuance of a proclamation by the Chief
Executive announcing the passing away of such calamity.
The offender who shall give himself up under those conditions shall be given a loyalty award
equivalent to 1/5 of the period of his sentence by the Director of Prisons.
102. Article 99: Who grants time allowances.
Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such
allowances once granted shall not be revoked.
TITLE 5 – CIVIL LIABILITY
Chapter 1 – Persons civilly liable for felonies.
GUILLERMO CRIMINAL LAW 1 NOTES
ATTY. DEGOMA
103. Article 100: Civil liability of a person guilty of felony.
a. What is the basic principle in civil liability ex-delicto?
Every person criminally liable is also civilly liable, crime being one of the five sources of
obligation under the Civil Code. However, if a person is acquitted from a criminal charge, it does not mean that
he is civilly free also because the quantum of proof required in criminal prosecution is beyond reasonable doubt
whereas, in civil liability, it is merely preponderance of evidence. To be free from civil liability on account of
acquittal, therefore, this must be based on the fact that he did not commit the offense. Civil liability may be
expressly waived by the offended.
b. When death occurs as a result of a crime, the heirs of the deceased are entitled
to what items of damages?
When the commission of the crime results in death, the civil obligations are governed by penal
laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title on
Human Relations, and of Title XVIII of Book IV, regulating damages. The following are items of damages the
offender shall be liable to the offended party:
• Indemnity for the death of the victim of the offense – fixed by the Court without the need of any
evidence or proof of damages, and even though there may have been mitigating circumstances
attending the crime
• Indemnity for loss of earning capacity of the deceased – fixed according to the circumstances
of the deceased related to his actual income at the time of death and his probable life
expectancy. The indemnity is assessed and awarded by the court as a matter of duty, unless
the deceased had no earning capacity at said time on account of permanent disability not
caused by the accused. If the deceased was obliged to give support, under Article 291, Civil
Code, the recipient who is not an heir, may demand support from the accused for not more
than five years, the exact duration to be fixed by the court.
 • Moral damages for mental anguish – may be recovered even by the illegitimate descendants
and ascendants of the deceased.
• Exemplary damages, when the crime is attended by one or more aggravating circumstances –
fixed in the discretion of the court, to be considered separate from fines.
• Attorney’s fees and expenses of litigation – the actual amount thereof (but only when a separate
civil action to recover civil liability has been filed or when exemplary damages are awarded.)
The recovery of attorney’s fees in the concept of actual or compensatory damage is allowed
under the circumstances provided for in Article 2208 of the Civil Code, one of which is when
the court deems it just and equitable that attorney’s fees and expenses of litigation should be
recovered.
• Interests in proper cases. In addition to the above is either of the following alternative items of
damages:
• Actual damages which must be supported by receipts such as hospitalization and funeral
expenses, or temperate damages to substitute for actual damages.
c. Compare the effect of death on civil liability ex-delicto and civil liability based
on quasi-delict.
Acquittal of the accused, even if based on a finding that he is not guilty, does not carry with it
the extinction of the civil liability based on quasi-delict. The extinction of civil liability referred to in paragraph [b],
Section 2, Rule 111, refers exclusively to civil liability founded in Article 100 of the RPC. Whereas, the civil liability
for the same act considered quasi-delict only and not as a crime is not extinguished even by a declaration in the
criminal case that the criminal act charged has not happened or has not been committed by the accused.
d. What is the effect of acquittal of the accused in a criminal action?
Acquittal in a criminal action bars the civil action arising therefrom where the judgment of
acquittal holds that:
• The accused did not commit the acts imputed to him;
• He was not guilty of criminal or civil negligence.
But his acquittal will not bar a civil action in the following cases:
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• Where the acquittal is based on reasonable doubt as only a preponderance of evidence is
required in civil cases;
• Where the court declared that accused’s liability is not criminal but only civil in nature;
• Where the civil liability does not arise from or is not based upon the criminal act of which the
accused was acquitted.
104. Article 101: Rules regarding civil liability in certain cases.
The exemption from criminal liability established in subdivisions 1, 2, 3, 5, and 6 of Article 12 and in
subdivision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced
subject to the following rules:
First: In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile
or insane person, and by a person under 9 years of age, or over 9 but under 15 years of age, who acted without
discernment, shall devolve upon those having such a person under their legal authority or control, unless it
appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile, or minor under his authority, legal
guardianship, or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their
own property, excepting property exempt from execution, in accordance with the civil law.
Second: In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has
been prevented shall be civilly liable in proportion to the benefit which they may have received.
The courts shall determine, in their sound discretion, the proportionate amount for which each one shall
be liable.
When the respective shares cannot be equitably determined, even approximately, or when the liability
also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever
the damage has been caused with the consent of the authorities or their agents, indemnification shall be made
in the manner prescribed by special laws or regulations.
Third: In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or causing
the fear shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be
liable, saving always to the latter that part of their property exempt from execution.
105. Article 102: Subsidiary civil liability of innkeepers, tavernkeepers, and proprietor of
establishments.
 In default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons or • That said employee is insolvent as shown by the non-satisfaction of the execution against the
corporations shall be civilly liable for crimes committed in their establishments, in all cases where a violation of employee
municipal ordinances or some general or special police regulations shall have been committed by them or their
employees. • The decision of conviction must have attained finality.

Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their d. What are the instances when the existence of the employer-employee
houses from guests lodging therein, or for the payment of the value thereof, provided that such guests shall have relationship may be determined?
notified in advance the innkeeper himself, or the person representing him, of the deposit of such goods within the
inn; and shall furthermore have followed the directions which such innkeeper or his representative may have There are two instances when the existence of an employer-employee relationship of an
given them with respect to the care of and vigilance over such goods. No liability shall attach in case of robbery accused driver and the alleged vehicle owner may be determined – during the criminal proceeding and during
with violence against or intimidation of persons unless committed by the innkeeper’s employees. the proceeding for the execution of the judgment. In both instances, petitioner should be given the opportunity to
be heard, which is the essence of due process.
106. Article 103: Subsidiary civil liability of other persons.
Chapter 2 – What civil liability includes:
a. What is the statutory basis for an employer’s subsidiary liability?
107. Article 104: What is included in civil liability.
The statutory basis is found in Article 103. Courts have since sanctioned the enforcement of
this subsidiary liability in the same criminal proceedings in which the employee is adjudged guilty, on the thesis The civil liability established in Articles 100, 101, 102, and 103 of this Code includes:
that it really is a part of, and merely an incident in, the execution process of judgment.
• Restitution;
b. Who are the persons subsidiarily liable for criminal offenses?
• Reparation of the damage caused;
They are innkeepers, tavern keepers and proprietors of establishments; employers, teachers,
persons, and corporations engaged in any kind of industry for crimes committed by their servants, pupils, • Indemnification for consequential damages.
workmen or employees, respectively. This subsidiary liability is based on employer-employee relationship. The
employer should be engaged in any kind of industry, which means a habitual undertaking for profit where labor 108. Article 105: How is restitution made.
and capital are utilized.
The restitution of the thing itself must be made whenever possible, with allowance for any deterioration
c. What are the requirements for subsidiary liability of the persons subsidiarily or diminution of value as determined by the court.
liable?
The thing itself shall be restored, even though it be found in the possession of a third person who
The employer’s subsidiary liability authorized under Article 103 is enforceable in the same acquired it by lawful means, saving to the latter his action against the proper person who may be liable to him.
criminal proceeding where the award is made. Before execution against an employer ensues, there must be a
hearing set to determine: This provision is not applicable in cases which the thing has been acquired by the third person in the
manner and under the requirements which, by law, bar an action for its recovery.
• The existence of an employer-employee relationship
109. Article 106: How is reparation made.
• That the employer is engaged in some kind of industry
The court shall determine the amount of damage, taking into consideration the price of the thing,
• That the employee is adjudged guilty of the wrongful act and found to have committed the whenever possible, and its special sentimental value to the injured party, and reparation shall be made
offense in the discharge of his duties (not necessarily any offense he commits while in the accordingly.
discharge of such duties)

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 • Attorney’s fees and expenses of litigation – the actual amount thereof (but only when a separate
civil action to recover civil liability has been filed or when exemplary damages are awarded.)
The recovery of attorney’s fees in the concept of actual or compensatory damage is allowed
under the circumstances provided for in Article 2208 of the Civil Code, one of which is when
the court deems it just and equitable that attorney’s fees and expenses of litigation should be
recovered.

• Interests in proper cases. In addition to the above is either of the following alternative items of
damages:

• Actual damages which must be supported by receipts such as hospitalization and funeral
expenses, or temperate damages to substitute for actual damages.

110. Article 107: What is included in indemnification?

a. How should actual damages for the death of the victim be determined?

When the commission of the crime results in death, the civil obligations are governed by penal
laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title on
Human Relations, and of Title XVIII of Book IV, regulating damages. The following are items of damages the
offender shall be liable to the offended party:

• Indemnity for the death of the victim of the offense – fixed by the Court without the need of any b. What is the measure of damages that the heirs of the deceased may recover?
evidence or proof of damages, and even though there may have been mitigating circumstances
attending the crime They are:

• Indemnity for loss of earning capacity of the deceased – fixed according to the circumstances • Civil liability ex delicto
of the deceased related to his actual income at the time of death and his probable life
expectancy. The indemnity is assessed and awarded by the court as a matter of duty, unless • For the loss of the earning capacity of the deceased.
the deceased had no earning capacity at said time on account of permanent disability not
caused by the accused. If the deceased was obliged to give support, under Article 291, Civil • Support in favor of a person to whom the deceased was obliged to give, such person not being
Code, the recipient who is not an heir, may demand support from the accused for not more an heir of the deceased.
than five years, the exact duration to be fixed by the court.
• Moral damages for mental anguish in favor of spouse, descendants and ascendants of the
• Moral damages for mental anguish – may be recovered even by the illegitimate descendants deceased.
and ascendants of the deceased.
• Exemplary damages in certain cases.
• Exemplary damages, when the crime is attended by one or more aggravating circumstances –
fixed in the discretion of the court, to be considered separate from fines. c. How is life expectancy computed?

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 The life expectancy [LE]is equivalent to 2/3 the difference of 80 and the age of the deceased.
Thus,
2 victim and the close blood relationship (uncle and niece) that existed between appellant and the victim. These
𝐿𝐸 = × (80 − 𝑎𝑔𝑒 𝑜𝑓 𝑑𝑒𝑎𝑡ℎ)
3 circumstances indicate an unusual degree of moral depravity. Accordingly, the grant of exemplary damages of
d. How is net earning capacity computed?
Net earning capacity [NEC] is the remainder if the gross annual income [GAI] is reduced by the
necessary living expenses [NLE] which is 50% of the GEC. Thus,
𝑁𝐸𝐶 = 𝐺𝐸𝐶 − 𝑁𝐿𝐸
𝑁𝐿𝐸 = 𝐺𝐸𝐶 × 50%
The life expectancy is then multiplied by the net earning capacity to determine the total net
earning capacity. Formula for computing said damages: net earning capacity = life expectancy multiplied by gross
annual income less necessary living expenses which is 50% of GAI, viz.:
𝑁𝐸𝐶 = 𝐿𝐸 × 𝑁𝐿𝐸
2 •
= { × [80 − 𝑎𝑔𝑒] × 𝐺𝐴𝐼}
3
111. Article 108: Obligation to make restoration, reparation for damages, or indemnification
for consequential damages and action to demand the same – Upon whom it devolves.
a. When are moral damages not imposed on the convict for homicide?
Zulueta, 43 SCRA 397, reduced the moral damages because the plaintiff contributed to the
gravity of the defendant’s reaction. In the case at bar, the victims not only contributed but they actually provoked
the attack by damaging appellant’s property and business. Considering appellant’s standing in the community,
being married to a municipal councilor, the victims’ actuations were designed to humiliate him and destroy his
reputation. Thus, the moral and material suffering of the appellant and his family deserves leniency as to his civil
liability.
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b. When is exemplary damages imposed?
In the instant case, a heavier indemnity is appropriate, bearing in mind the tender age of the
P20,000 and moral damages, in addition to the regular indemnity for death of P50,000. The grant of exemplary
damages is called for by the circumstances of the case. Under Article 2229, in addition to the award of moral
damages, exemplary or corrective damages may be adjudged in order to deter the commission of similar acts in
the future. The award for exemplary damages is designed to permit the courts to mould behavior that has socially
deleterious consequences.
c. What is the civil liability of a person convicted of rape when an offspring result
from the rape?
Article 345 provides that persons guilty of rape, seduction or abduction shall be sentenced to:
• Indemnify the offended woman;
• Acknowledge the offspring, unless the law should prevent him from doing so; and
In every case to support the offspring.
Therefore, under Article 345, a married offender in a rape case can only be sentenced to
indemnify the victim and support the offspring, if there be any.
d. When is compulsory acknowledgement of the offspring of rape proper?
Compulsory acknowledgment, as well as the support of the child is indeed proper there being
no legal impediment in doing so, as it appears that complainant and appellant are both single. The crime of rape
committed by the accused carries with it, among others, the obligations to acknowledge the offspring if the
character of its origin does not prevent it and to support the same.
112. Article 109: Share of each person civilly liable.
If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which
each must respond.
113. Article 110: Several and subsidiary liability of principals, accomplice and accessories of
a felony – preference in payment.
a. What is the nature of the civil liability of principals in a conspiracy?
 When conspiracy among the accused was clearly established, each of the conspirators is liable
for the criminal act of the others. The appellants should each suffer a three-fold penalty of reclusion perpetua as
well as be held solidarily liable for the civil indemnity which, by reason of the added repugnance of the bestial act
being committed on a pregnant woman in the presence of her husband is increased to P50,000 for each rape
committed on her.

114. Article 111: Obligation to make restitution in a certain case.

Any person who has participated gratuitously in the proceeds of a felony shall be bound to make
restitution in an amount equivalent to the extent of such participation.

Chapter 3 – Extinction of civil liability.

115. Article 112: Extinction of civil liability.

Civil liability established in Articles 100, 101, 102, and 103 of this Code shall be extinguished in the
same manner as obligations, in accordance with the provisions of the Civil Law.

116. Article 113: Obligation to satisfy civil liability.

a. What should be the effect of a decision in a criminal prosecution on the criminal

and civil liability of the accused?

As a rule, a criminal prosecution includes a civil action for the recovery of indemnity. Hence, a
decision in such case disposes of both the criminal as well as the civil liabilities of an accused. In one case, the
trial court promulgated only the civil aspect of the case, but not the criminal, thus, the promulgation of the decision
was not merely incomplete; it was also void.

- END -

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