Introduction:

Criminal Law is the branch of law which defines crimes, treats, their, nature and provides for their punishment.

Note:

 Criminal or Penal Law, these are laws which define crimes and the law also provides for penalty, or punishment in case a person commits a crime.
 Crimes are acts committed or omitted in violation of a public law forbidding or commanding it.

Sources of Criminal Law

 Revised Penal Code

 Special Penal Laws

Note:

 Infractions - Punishable by Ordinance

 Felonies – Punishable by the Revised Penal Code
 Offences – Punishable by the Special Penal laws
 Crimes – Punishable by any Law

Common Law Crimes are those punishable even when there is no law punishing the crime. There are no common law crimes because the Philippines adheres to the principle of:
NULLUM CRIMEN NULLA POENA SINE LEGE (There is no crime when there is no law punishing it.)

Note:
  Even if an act or omission appears to be deplorable or immoral, or against religion, if there is no law punishes that particular act then it is not considered to be a
crime.
 LEGISLATIVE BODY or the Law-making body/Congress has the power to create or enact penal laws in the exercise of POLICE POWER.

Characteristics of Criminal law

1) Generality – The Law is binding to all persons who resides the Philippines.
2) Territoriality – The Law is binding to all crimes committed within the National Territory of the Philippines.
 Terrestrial – Jurisdiction exercised over land
 Fluvial – Over maritime and interior waters
 Aerial – Over the atmosphere
3) Prospectivity – The Law does not have a retroactive effect.

Article Provisions Elements Cases/Notes

1 Time when Act takes effect; Effectivity:

January 1, 1932
This Code shall take effect on the first day of January,
nineteen hundred and thirty-two. Approved:
December 8, 1930
2 Application of its provisions; Territoriality – The Law is Territoriality:
binding to all crimes
Except as provided in the treaties and laws of committed within the Refers to the place where the crime is committed. So if the crime is committed
preferential application, the provisions of this Code National Territory of the within the Philippine Territory, the Philippines can acquire jurisdiction in the
shall be enforced not only within the Philippine Philippines. case.
 Archipelago, including its atmosphere, its interior
waters and maritime zone, but also outside of its Terrestrial – Jurisdiction (Anchored on Art. 1 of the 1987 Constitution on National Territory.
jurisdiction, against those who: exercised over land ~~~~~~~~~~~~~

1. Should commit an offense while on a Philippine
ship or airship
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands
3. Should be liable for acts connected with the
introduction into these islands of the
obligations and securities mentioned in the
presiding number;
Fluvial – Over maritime and
interior waters
Aerial – Over the atmosphere
English Rule:
- It follows the rule where the crimes are committed within the territory
even though abroad on a foreign vessel.
- Exception: If it only affects the internal management of the vessel; or if it
involves only a very minor offense.
French Rule:
- It follows that it is the country where the vessel was registered who can
acquire jurisdiction of the case, even if it was committed inside the
territory of the Philippines.
- Exception: If the crime affects the public safety and public order.

4. While being public officers or employees,

should commit an offense in the exercise of
their functions; or

5. Should commit any of the crimes against

national security and the law of nations,
defined in Title One of Book Two of this Code.
Title One
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
Chapter One
FELONIES
3 Acts and omissions punishable by law are felonies 1. Voluntary act or Delitos – Felonies
(delitos). omission; Dolo – Deceit
 2. Act or omission must Culpa – Fault
Felonies are committed not only be means of deceit be punishable by the
(dolo) but also by means of fault (culpa). Revised Penal Code;
Felonies – Are acts and omissions punishable by law which can be committed by
3. The act performed, or
either means of deceit or dolo, when the acts performed with intent, or by
There is deceit when the act is performed with the omission is
means of fault or culpa, when the wrongful acts result from negligence,
deliberate intent and there is fault when the wrongful incurred be means of
imprudence, lack of foresight and lack of skill.
act results from imprudence, negligence, lack of deceit or fault.
foresight, or lack of skill.
Elements of deceit or dolo:
1. Freedom
2. Intelligence
3. Intent

Elements of fault or culpa:

1. Freedom
2. Intelligence
3. Negligence

Mala in Se vs. Mala Prohibita

4 Criminal liability. Criminal liability shall be incurred:
1. By any person committing a felony (delito)
although the wrongful act done be different
from that which he intended.
Mala in Se are acts or omissions which are wrong or evil in its very nature. 
Mala Prohibita are acts or omissions that are not wrong or evil in essence, but
they are wrong or evil because they are prohibited.
Paragraph 2 of this Article refers to IMPOSSIBLE CRIME
- It is committed by a person committing an act which would be an offense
against persons or property where it not for the inherent impossibility of
its accomplishment or on account of the employment of inadequate or
ineffectual means.

2. By any person performing an act which would Example:

be an offense against persons or property, were AA break into the premises of BB during midnight with the intent to kill
 it not for the inherent impossibility of its
accomplishment or an account of the
employment of inadequate or ineffectual
means.
him while he was sleeping. So AA stabbed BB immediately, without knowing
that BB was already dead beforehand due to cardiac arrest.
Doctrine of Proximate Cause
- Cause which in the natural and continuous sequence, unbroken by any
efficient intervening cause, results in a particular felony, without which
the felony would have not resulted.

Cause that produce a different result

In relation to Art. 4 (1), there are three causes which produce a different
result.

1. The mistake in the identity of the victim (Error in personae);

2. Mistake in the blow (Aberatio Ictus);
3. The injurious result is greater than that intended (Praeter Intentionem)
5 Duty of the court in connection with acts which should
be repressed but which are not covered by the law,
and in cases of excessive penalties.

Whenever a court has knowledge of any act which it

may deem proper to repress and which is not
punishable by law, it shall render the proper decision,
and shall report to the Chief Executive, through the
Department of Justice, the reasons which induce the
court to believe that said act should be made the
subject of legislation.

In the same way, the court shall submit to the Chief

Executive, through the Department of Justice, such
statement as may be deemed proper, without
suspending the execution of the sentence, when a
 strict enforcement of the provisions of this Code would
result in the imposition of a clearly excessive penalty,
taking into consideration the degree of malice and the
injury caused by the offense.
6 Consummated, frustrated, and attempted felonies. Distinction:

Consummated felonies as well as those which are Frustrated Attempted

frustrated and attempted, are punishable. All the acts of execution or Not all acts of execution or
accomplishment are already accomplishment are already
A felony is consummated when all the elements performed. performed.
necessary for its execution and accomplishment are Why not consummated or the crime Why not consummated or the crime
present; and it is frustrated when the offender is not produced? Due to causes is not produced? Cause or accident
performs all the acts of execution which would independent of the will of the other that spontaneous desistance of
produce the felony as a consequence but which, perpetrator. the offender.
nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.

There is an attempt when the offender commences the

commission of a felony directly or over acts, and does
not perform all the acts of execution which should
produce the felony by reason of some cause or
accident other than this own spontaneous desistance.
7 When light felonies are punishable;

Light felonies are punishable only when they have

been consummated, with the exception of those
committed against person or property.
8 Conspiracy and proposal to commit felony; 1. Two or more persons Conspiracy exists when two or more persons come to an agreement concerning
coming to an the commission of a felony and decide to commit it, for the purpose of revenge
Conspiracy and proposal to commit felony are agreement; or gain.
punishable only in the cases in which the law specially 2. The agreement
 provides a penalty therefor. concerns the Principle when it comes to conspiracy:
commission of a - The act of one is the act of all
A conspiracy exists when two or more persons come to felony;
an agreement concerning the commission of a felony 3. They decided to Two levels of conspiracy:
and decide to commit it. execute or commit it. 1. Conspiracy as a crime
2. Conspiracy as a manner of incurring criminal liability
There is proposal when the person who has decided to
commit a felony proposes its execution to some other Distinctions:
person or persons. Express Conspiracy Implied Conspiracy
Proven by direct evidence. It exists Proven by circumstances evidence.
when few or more agreed on Two or more persons participating in
commission of a crime committed by a commission of the crime are
the actor. collectively liable as conspirators
Principle: although absent at any agreement to
- The act of one is the act of all that effect.
The acts of the conspirators are
concerted, cooperative or the acts
are performed or formulated with
common goal or intent.

9 Grave felonies, less grave felonies and light felonies. — Grave felonies are those which the law attaches the capital punishment or
Grave felonies are those to which the law attaches the penalties which in any of their periods are afflictive, in accordance with Art. 25
capital punishment or penalties which in any of their of the Revised Penal Code.
periods are afflictive, in accordance with Art. 25 of this
Code. Note:
- Art. 25 lists the capital punishment and penalties which in any of their
Less grave felonies are those which the law punishes periods are afflictive.
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned General Rule:
 Art.
Light felonies are those infractions of law for the
commission of which a penalty of arresto menor or a
fine not exceeding 200 pesos or both; is provided.
10 Offenses not subject to the provisions of this Code;
Offenses which are or in the future may be punishable
under special laws are not subject to the provisions of
this Code. This Code shall be supplementary to such
laws, unless the latter should specially provide the
contrary.
- Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH EXEMPT FROM
CRIMINAL LIABILITY
11 Justifying circumstances. — The following do not incur
any criminal liability:
1. Anyone who acts in defense of his person or
rights, provided that the following
circumstances concur;
First. Unlawful aggression. Second. Reasonable
necessity of the means employed to prevent or repel
- Light felonies are punishable only when they are consummated.
Attempted and frustrated are not crimes in light felonies.
Exception:
- When these light felonies are committed against persons or properties.
The law says that the Revised Penal Code provisions are only applicable to
felonies punishable under the Revised Penal Code.
Question:
- Can Revised Penal Code provisions be use to offenses punishable by
special penal laws?
Answer:
- As a general rule, NO. The basis is Art. 10 of the Revised Penal Code.
- As an exception, the RPC provisions can be applied in a supplementary
manner. The provisions of the RPC are also applicable when the law itself
does not provide a prohibition on the application of the Revised Penal
Code provisions.
Art. 11, Par. 1 contemplated Self-Defense
Requisites of self-defense:
1. There must be an unlawful aggression by the victim.
- This presupposes an actual or imminent danger on the life or limb of a
person.
2. Doctrine of Rational Equivalence.
- It is the consideration not only of the nature and quality of the weapons
it.
Third. Lack of sufficient provocation on the part of the
person defending himself.
2. Anyone who acts in defense of the person or
rights of his spouse, ascendants, descendants,
or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same
degrees and those consanguinity within the
fourth civil degree, provided that the first and
second requisites prescribed in the next
preceding circumstance are present, and the
further requisite, in case the revocation was
given by the person attacked, that the one
making defense had no part therein.
3. Anyone who acts in defense of the person or
rights of a stranger, provided that the first and
second requisites mentioned in the first
circumstance of this Art. are present and that
the person defending be not induced by
revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or
injury, does not act which causes damage to
another, provided that the following requisites
are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that
done to avoid it;
used by the defender and the assailant, but of the totality of
circumstances surrounding the defense vis-à-vis, the unlawful
aggression.
3. There is lack of sufficient provocation on the part of the person
defending himself.
- (Note: The law states that the provocation must be sufficient.) It will
happen that the accused or the offender of who defends himself gain
provocation, but the law says what will make him or what will enable the
offender to invoke self defense provided of course all the other
requisites are presented is that there must be lack of sufficient
provocation on his part.
Sufficient Provocation – is the act or provocation should be proportionate to the
act of aggression and adequate to steer the aggressor to its commission
Provocation may be a requisite or requirement as part of Art. 11, Par. 1, 3 rd
requisite. The provocation must be sufficient. The provocation which is
sufficient must be the proximate cause or immediate cause of the unlawful
aggression.
Q and A:
What is the burden of proof required in ruling self-defense?
- Clear and convincing evidence.
What is the accused entitled to if he is able to prove only one out of three
requisites of self-defense?
- Ordinary mitigating circumstances.
What is the accused entitled to if he is able to prove two out of three requisites
of self-defense?

Third. That there be no other practical and less harmful
means of preventing it.
5. Any person who acts in the fulfillment of a duty
or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
12 Circumstances which exempt from criminal liability. —
the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the
latter has acted during a lucid interval. When
the imbecile or an insane person has
committed an act which the law defines as a
felony (delito), the court shall order his
confinement in one of the hospitals or asylums
established for persons thus afflicted, which he
shall not be permitted to leave without first
obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under
fifteen, unless he has acted with discernment,
in which case, such minor shall be proceeded
against in accordance with the provisions of
Art. 80 of this Code. When such minor is
adjudged to be criminally irresponsible, the
court, in conformably with the provisions of this
- Privileged mitigating circumstances.
What are two the two aspects of self-defense under Art.11, Par. 1?
- 1 defense of a person; 2 defense of right.
Exempting circumstances
- Are those grounds for exemption from punishment because there is
wanting in the agent of the crime any of the conditions which make the
act voluntary, or negligent.
Basis of exempting circumstances
- The exemption from punishment is based on the complete absence of
intelligence, freedom of action, or intent, or on the absence of
negligence on the part of the accused.
Burden of proof
- Any of the circumstances mentioned in Art. 12 is a matter of defense and
the same must be proved by the defendant to the satisfaction of the
court.
Insanity and imbecility
- Is one who, while in advanced in age, has a mental development
comparable to that of children between two and seven.
Note:
Insanity exists when there is a complete deprivation of intelligence in
committing the act, that is, the accused is deprived of reason, he acts without
 and the preceding paragraph, shall commit him
to the care and custody of his family who shall
be charged with his surveillance and education
otherwise, he shall be committed to the care of
some institution or person mentioned in said
Art. 80.
4. Any person who, while performing a lawful act
with due care, causes an injury by mere
accident without fault or intention of causing it.
5. Any person who act under the compulsion of
irresistible force.
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater
injury.
7. Any person who fails to perform an act
required by law, when prevented by some
lawful insuperable cause.
the least discernment, because there is complete absence of power to discern,
or that there is a total deprivation of freedom of the will.
Question:
Who has the burden of proof to show insanity?
- The defense must prove that the accused was insane at the time of the
commission of the crime, because the presumption is always in favor of
sanity.
Evidence of insanity
- The evidence of insanity must refer to the time preceding the act under
prosecution or to the very moment of its execution. If the evidence
points to insanity subsequent to the commission of the crime, the
accused cannot be acquitted. He is presumed to be sane when he
committed it.
Discernment – is the mental capacity of a minor between 9 and 15 years of age
to fully appreciate the consequences of his unlawful act.
Basis:
Par. 3
The exempting circumstances in paragraph 3 of Art. 12 is based also on the
complete absence of intelligence.
Par. 4
The exempting circumstance in paragraph 4 of Art. 12 is based on lack of
negligence and intent. Under this circumstance, a person does not commit
either an intentional felony or a culpable felony.
 Par. 5
The exempting circumstance in paragraph 5 of Art. 12 is based on the complete
absence of freedom, an element of voluntariness.

Par 6.
The exempting circumstances is based on the complete absence of freedom.
“Actus me invito factus non est meus actus (An act done by me against my will is
not my act.”)

Par. 7
The circumstance in paragraph 7 of Art. 12 exempts the accused from criminal
liability, because he acts without intent, the third condition of voluntariness in
intentional felony.

Absolutory cause
- are those where the act committed is a crime but for reasons of public
policy and sentiment there is no penalty imposed.

Other Absolutory causes

- Art. 6 – the spontaneous desistance of the person who commenced the
commission of a felony before he could perform all the acts of execution.
- Art. 7 – Light felonies are not punishable unless consummated except in
crimes against persons or property.
- Art. 16 – accessories are not liable in light felonies.
- Art. 247 – physical injuries other than serious physical injuries inflicted
under exceptional circumstances.
- Art. 332 – exemption of certain persons from criminal liability in crimes
of theft, estafa and malicious mischief.

Chapter Three
 CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY
13 Mitigating Circumstances. — The following are Mitigating Circumstances
mitigating circumstances: - Mitigating circumstances are those which, if present in the commission
of the crime, do not entirely free the actor from criminal liability, but
1. Those mentioned in the preceding chapter, when all server only to reduce the penalty.
the requisites necessary to justify the act or to exempt
from criminal liability in the respective cases are not Classes of Mitigating Circumstances
attendant. 1. Ordinary mitigating
2. Privileged
2. That the offender is under eighteen years of age or
over seventy years. In the case of the minor, he shall
be proceeded against in accordance with the
provisions of article 80. Distinctions:
Ordinary Mitigating Circumstances Privileged Mitigating Circumstances
3. That the offender had no intention to commit so Ordinary mitigating circumstances Privileged mitigating circumstances
grave a wrong as that committed. can be offset by a generic aggravating cannot be offset by any aggravating
circumstances; circumstances.
4. That sufficient provocation or threat on the part of One ordinary mitigating Privileged mitigating circumstances
the offended party immediately preceded the act. circumstances if not offset by a has the effect of imposing the penalty
generic aggravating circumstances by one or two degrees lower than
5. That the act was committed in the immediate has the effect of imposing the lesser that provided by law.
vindication of a grave offense to the one committing penalty.
the felony (delito), his spouse, ascendants,
descendants, legitimate, natural, or adopted brothers
or sisters, or relatives by affinity within the same
Age Description Effects
degrees.
9 years and below Age of complete Exempting (Art. 12 (2))
irresponsibility
6. That of having acted upon an impulse so powerful as
Exempting (Art. 12 (2))
naturally to have produced passion or obfuscation.
Over 9 under 15 Age of criminal Exempting if the minor
responsibility acted without
7. That the offender had voluntarily surrendered
 discernment. Art. 12 (3)-
himself to a person in authority or his agents, or that Mitigating, if he acted
he had voluntarily confessed his guilt before the court with discernment
prior to the presentation of the evidence for the 16 to 17 years old Age of mitigated Mitigating Art. 13 (2)
prosecution. criminal responsibility
18 to 70 years old Age of complete none
8. That the offender is deaf and dumb, blind or criminal responsibility
otherwise suffering some physical defect which thus Over 70 years old Age of mitigated Mitigating Art. 13 (2).
restricts his means of action, defense, or criminal responsibility Basis: Impaired
communication with his fellow beings. intelligence

9. Such illness of the offender as would diminish the

exercise of the will-power of the offender without
however depriving him of consciousness of his acts.

10. And, finally, any other circumstance of a similar

nature and analogous to those above mentioned.

CHAPTER FOUR

Circumstances Which Aggravate Criminal Liability

14 Aggravating Circumstances. — The following are Aggravating Circumstances

aggravating circumstances: - Circumstances are those which, if attendant in the commission of the crime,
serve to increase the penalty without, however, exceeding the maximum of the
1. That advantage be taken by the offender of his penalty provided by law for the offense.
public position.
Basis of Aggravating circumstances
2. That the crime be committed in contempt of or with - They are based on the greater perversity of the offender manifested in the
insult to the public authorities. commission of the felony as shown by:

3. That the act be committed with insult or in disregard
of the respect due to the offended party on account of
his rank, age, or sex, or that it be committed in the
dwelling of the offended party, if the latter has not
given provocation.
4. That the act be committed with abuse of confidence
or obvious ungratefulness.
5. That the crime be committed in the palace of the
Chief Executive, or in his presence, or where public
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship.
6. That the crime be committed in the nighttime, or in
an uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the
offense.
Whenever more than three armed malefactors shall
have acted together in the commission of an offense it
shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune.
8. That the crime be committed with the aid of armed
men or persons who insure or afford impunity.
(1) the motivating power itself,
(2) the place of commission,
(3) the time or,
(4) the personal circumstances of the offender, or of the offended party.
Kinds of aggravating circumstances
 Generic - those that can generally apply to all crimes.
 Specific - those that apply only to particular crimes.
 Qualifying - those that change the nature of the crime.
 Inherent - those that must necessity accompany the commission of the crime.
Qualifying aggravating circumstances distinguished from generic aggravating
circumstance:
1. The effect of a generic aggravating circumstance, not offense by any mitigating,
is to increase the penalty which should be imposed upon the accused to the
maximum period, but without exceeding the limit prescribed by law; While that
a qualifying circumstance is not only to give the crime its proper and exclusive
name but also to place the author thereof in such a situation as to deserve no
other penalty than that specially prescribed by law for said crime.
2. A qualifying aggravating circumstance cannot be offset by mitigating
circumstance; A generic aggravating circumstance may be compensated by a
mitigating circumstance.
3. A qualifying aggravating circumstance to be such must be alleged in the
information. If it is not alleged, it is a generic aggravating circumstance only.
Aggravating circumstances not presumed
- An aggravating circumstance should be proved as fully as the crime itself in
order to increase the penalty.
Basis of this aggravating circumstance
- This is based on the greater perversity of the offender, as shown by the
personal circumstance of the offender and also by the means used to secure
the commission of the crime.
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of this Code.
Applicable when the aggravating circumstance that advantage be taken by the offender
of his public position applies only when the person committing the crime is a public
officer who takes advantage of his public position.
The basis of the aggravating circumstances are based on the greater perversity of the
offender, as shown by the place of the commission of the crime, which must be
respected.

10. That the offender has been previously punished for

an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it
attaches a lighter penalty.

11. That the crime be committed in consideration of a

price, reward, or promise.

12. That the crime be committed by means of

inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a
locomotive, or by the use of any other artifice involving
great waste and ruin.

13. That the act be committed with evident

premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or

means be employed to weaken the defense.

16. That the act be committed with treachery

(alevosia).

There is treachery when the offender commits any of

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

17. That means be employed or circumstances brought

about which add ignominy to the natural effects of the
act.

18. That the crime be committed after an unlawful

entry.

There is an unlawful entry when an entrance is

effected by a way not intended for the purpose.

19. That as a means to the commission of a crime a

wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid of

persons under fifteen years of age or by means of
motor vehicles, airships, or other similar means.

21. That the wrong done in the commission of the

crime be deliberately augmented by causing other
wrong not necessary for its commission.
 CHAPTER FIVE
Alternative Circumstances
15 Their Concept. — Alternative circumstances are those
which must be taken into consideration as aggravating
or mitigating according to the nature and effects of the
crime and the other conditions attending its
commission. They are the relationship, intoxication and
the degree of instruction and education of the
offender.
The alternative circumstance of relationship shall be
taken into consideration when the offended party is
the spouse, ascendant, descendant, legitimate, natural,
or adopted brother or sister, or relative by affinity in
the same degrees of the offender.
The intoxication of the offender shall be taken into
consideration as a mitigating circumstance when the
offender has committed a felony in a state of
intoxication, if the same is not habitual or subsequent
to the plan to commit said felony; but when the
intoxication is habitual or intentional it shall be
considered as an aggravating circumstance.
Kinds of alternative circumstances
1. Relationship
2. Intoxication
3. Degree of instruction and education of the offender.
Relationship – when mitigating and when aggravating
1. Relationship is mitigating in crimes against property by analogy to the provision
of Art. 332. But in theft, estafa and malicious mischief, relationship is
exempting.
2. Relationship is mitigating in the crimes of robbery, usurpation, fraudulent
insolvency and arson.
3. Relationship is aggravating in crimes against persons if the offended party is a
relative of higher degree or when the offender and the offended party are
relatives of the same level.
4. Relationship is mitigating if the offended party is of a lower degree than that of
the offender. The exception is the crime of serious physical injuries if
committed against the offender’s child provided the same were not due to
excessive chastisement except if the offender is the parent.
5. But if the relationship is an element of the crime as in parricide, it is neither
aggravating nor mitigating.
6. In crimes against chastity, relationship is aggravating whether the offender is of
a higher or lower degree than that of the offended party. It is due to the nature
of the crime.
Intoxication – when mitigating and when aggravating Intoxication is mitigating if it is
not habitual or it is not subsequent to the plan of the commission of a felony. It is
aggravating if it is habitual or intentional.
Degree of instruction and education/lack of education – when mitigating and when
aggravating In the degree of instruction and education of the offender, the court
 considers not only illiteracy but the lack of intelligence of the offender. If one is unable
to write but is highly and exceptionally intelligent or mentally alert that he easily
realizes the significance of his act, there is no mitigating circumstance.
TITLE TWO

Persons Criminally Liable for Felonies

16 Who are Criminally Liable. — The following are Active subject and passive subject of crime
criminally liable for grave and less grave felonies: - In all crimes there are always two parties, namely: the active subject (the
criminal) and the passive subject (the injured party) Art. 16 of the Code
1. Principals. enumerates the active subjects of the crime.

2. Accomplices. Only natural persons can be active subject of crime

- Only natural persons can be the active subject of crime because of the highly
3. Accessories. personal nature of the criminal responsibility.

The following are criminally liable for light felonies: Officers, not the corporation, are criminally liable
- A corporation can act only through its officers or incorporators, and that as
1. Principals. regards a violation of the law committed by an officer of a corporation, in the
exercise of his duties, he answers criminally for his acts, and not the
corporation to which he belongs, for being an artificial person, it cannot be
2. Accomplices.
prosecuted criminally.

Passive subject of crime

17 Principals. — The following are considered principals:
1. Those who take a direct part in the execution of the
act;
2. Those who directly force or induce others to commit
it;
- The passive subject of a crime is the holder of the injured right: the man, the
juristic person, the group, and the State. Thus, while a corporation or
partnership cannot be the active subject, it can be a passive subject of a crime.
Principals by Direct Participation
- They are those who, participating in the criminal design, proceed to carry out
their plan and personally take part in its execution.
Two or more offenders as principals by direct participation
- Two or more persons may take direct part in the execution of the act, in which
case they may be principals by direct participation. It is essential that there be

3. Those who cooperate in the commission of the
offense by another act without which it would not
have been accomplished.
conspiracy or unity of purpose and intention.
Principals by Induction
- Those who directly force or induce others to commit it. Those who directly
induce others to commit the act are called “principals by inducement.” The
word “inducement” comprises price, promise of reward, command, and pacto.
Two ways of becoming principal by induction
(1) by directly forcing another to commit a crime, and
(2) by directly inducing another to commit a crime.
By directly forcing another to commit a crime
(1) By using irresistible force.
(2) By causing uncontrollable fear.
By directly inducing another to commit a crime
(1) By giving price, or offering reward or promise.
(2) By using words of command.
Requisites In order that a person may be convicted as a principal by inducement, the
following requisites must be present:
(1) That the inducement be made directly with the intention of procuring the
commission of the crime; and
(2) That such inducement be the determining cause of the commission of the crime by
the material executor.
Meaning of the second requisite
- It is necessary that the inducement be the determining cause of the
commission of the crime by the principal by direct participation, that is, without
such inducement the crime would not have been committed.
Principals by Indispensable Cooperation
- Those who cooperate in the commission of the offense by another act without

18 Accomplices. — Accomplices are those persons who,
not being included in article 17, cooperate in the
execution of the offense by previous or simultaneous
acts.
19 Accessories. — Accessories are those who, having
knowledge of the commission of the crime, and
which it would not have been accomplished.
Meaning of the term “cooperate”
- To cooperate means to desire or wish in common a thing. But that common will
or purpose does not necessarily mean previous understanding, for it can be
explained or inferred from the circumstances of each case.
Requisites
(1) Participation in the criminal resolution, that is, there is either anterior conspiracy or
unity of criminal purpose and intention immediately before the commission of the
crime charged; and
(2) Cooperation in the commission of the offense by performing another act, without
which it would not have been accomplished.
In case of doubt as to whether principal or accomplice
- The participation of the offender will be considered that of an accomplice
rather than that of a principal.
Requisites to consider a person an accomplice
- That there be community of design; that is, knowing the criminal design of the
principal by direct participation, he concurs with the latter in his purpose;
- That he cooperates in the execution of the offense by previous or simultaneous
acts, with the intention of supplying material or moral aid in the execution of
the crime in an efficacious way; and
- That there be a relation between the acts done by the principal and those
attributed to the person charged as accomplice.
How an accomplice acquires knowledge of the criminal design of the principal?
- When the principal informs or tells the accomplice of the formers’ criminal
purpose.
- When the accomplice say the criminal acts of the principal.
Specific acts of accessories
- By profiting themselves or assisting the offender to profit by the effects of the
without having participated therein, either as
principals or accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the offender to
profit by the effects of the crime.
2. By concealing or destroying the body of the crime,
or the effects or instruments thereof, in order to
prevent its discovery.
3. By harboring, concealing, or assisting in the escape
of the principal of the crime, provided the accessory
acts with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some
other crime.
crime.
a. By profiting themselves by the effects of the crime.
b. Assisting the offender to profit by the offects of the crime.
- By concealing or destroying the body of the crime to prevent its discovery.
“Body of the Crime’ (corpus delicti)”
- It means that a specific offense was in fact committed by someone.
Accessories’ liability is subordinate and subsequent
- Where the alleged incendiary was acquitted, it is neither proper nor possible to
convict the defendant as accessory. The responsibility of the accessory is
subordinate to that of the principal in a crime, because the accessory’s
participation therein is subsequent to its commission, and his guilt is directly
related to that of the principal delinquent in the punishable act. If then the
facts alleged are not proven in the prosecution instituted, or do not constitute
a crime, no legal grounds exists for convicting a defendant as accessory after
the fact for a crime not perpetrated.
When the principal is not yet apprehended, the accessory may be prosecuted and
convicted
- For one to be found guilty and punished as an accessory, it is not necessary that
there be a principal duly convicted. Neither the letter nor the spirit of the law
requires that the principal be convicted before one may be punished as an
accessory. As long as the corpus delicti is proved and the accessory’s
participation as such is shown, he can be held criminally responsible and meted
out the corresponding penalty.
Fence – includes any person, firm, association, corporation or partnership or other
organization who/which commits the act of fencing.
Liability of officials of Juridical Persons
- If the fence is a partnership, firm, corporation or association, the president or
the manager or any officer thereof who knows or should have known the
commission of the offense shall be liable.

TITLE THREE
Penalties
CHAPTER ONE
Penalties in General
20 Accessories Who are Exempt from Criminal Liability. —
The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single
exception of accessories falling within the provisions of
paragraph 1 of the next preceding article.
Presumption of Fencing
- Mere possession of any good, article, item, object, or anything of value which
has been the subject of robbery or thievery shall be prima facie evidence of
fencing.
Accessory distinguished from principal and accomplice
- The accessory does not take direct part or cooperate in, or induce, the
commission of the crime.
- The accessory does not cooperate in the commission of the offense by acts
either prior thereto or simultaneous therewith.
- The participation of the accessory in all cases always takes place after the
commission of the crime.
An accessory does not participate in the criminal design, nor cooperate in the
commission of the felony, but, with knowledge of the commission of the crime, he
subsequently takes part in any of the three ways mentioned in Article 19.
Penalty - is the suffering that is inflicted by the State for the transgression of a law.
Different juridical conditions of penalty
- Must be productive of suffering, without however affecting the integrity of the
human personality.
- Must be commensurate with the offense.
- Must be personal
- Must be legal.
 - Must be certain.
- Must be equal for all.
- Must be correctional.

Purpose of the State in Punishing Crimes

- For justice, because the State has an existence of its own to maintain, a
conscience to assert and moral principles to be vindicated. Penal justice rests
primarily on the moral rightfulness of the punishment imposed.

Theories Justifying Penalty

1. Absolute theory – an act of retributive justice, a vindication of absolute right
and moral law violated by the criminal.
2. Relative theory
a. Prevention – to prevent or suppress of danger to the state arising from
crimes;
b. Self defense- to protect society from the wrong or threat inflicted by the
offender;
c. Reformation – to correct and reform the offender; and
d. Exemplary – to deter others from committing crimes;

Constitution restriction on penalties

- Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted.
- Death penalty shall not be imposed, unless, for compelling reasons involving
heinous crimes.
- Punishment is cruel and unusual if the form or character of the punishment
rather than its severity in respect of duration or amount has been regarded as
cruel and disemboweling and the like. unusual by public sentiments as those
inflicted at the whipping post, or in the pillory, burning at stake, breaking on
the wheel, disemboweling and the like.
21 Penalties that May Be Imposed. — No felony shall be
punishable by any penalty not prescribed by law prior
to its commission.
22 Retroactive Effect of Penal Laws. — Penal laws shall
have a retroactive effect in so far as they favor the
person guilty of a felony, who is not a habitual criminal,
as this term is defined in rule 5 of article 62 of this
Code, although at the time of the publication of such
laws a final sentence has been pronounced and the
convict is serving the same.
23 Effect of Pardon by the Offended Party. — A pardon by
the offended party does not extinguish criminal action
except as provided in article 344 of this Code; but civil
liability with regard to the interest of the injured party
is extinguished by his express waiver.
24 Measures of Prevention or Safety Which are Not
Considered Penalties. — The following shall not be
considered as penalties:
Who is a habitual criminal?
- A person shall be deemed to be a habitual delinquent if within a period of ten
years from the date of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa, or falsification, he is found
guilty of any said crimes a third time or oftener.
Pardon – an act of forgiveness; may be:
a. Executive – granted by the President in the exercise of his power under
the Constitution; President may grant executive clemency to a person
convicted of a crime,
b. Private – offended party as complainant, of the civil aspect may
expressly waive his interest on the civil liability of the accused, such
pardon does not extinguish the crime aspect of the case except under
Art. 344.
Except as provided in Art. 344 of this Code (private crimes)
Private crimes such as rape, seduction, abduction, acts of lasciviousness, adultery and
concubinage, the criminal action is barred if:
- the pardon is made before the institution of the action;
- in adultery or concubinage, the pardon refers to both offenders, which either
be expressed or implied;
- in rape and other private crimes, the pardon must be expressed; and
- the marriage between the offender and the offended party totally extinguishes
the criminal liability of the offender.
The civil liability with respect to the interest of the injured party in any crime, whether
public or private, is extinguished by express waiver.
 1. The arrest and temporary detention of accused
persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
confinement in a hospital.

2. The commitment of a minor to any of the

institutions mentioned in article 80 and for the
purposes specified therein.

3. Suspension from the employment or public office

during the trial or in order to institute proceedings.

4. Fines and other corrective measures which, in the

exercise of their administrative or disciplinary powers,
superior officials may impose upon their subordinates.

5. Deprivation of rights and the reparations which the

civil laws may establish in penal form.
CHAPTER TWO

Classification of Penalties
25 Penalties Which May Be Imposed. — The penalties Public censure is a penalty
which may be imposed, according to this Code, and - Censure, being a penalty, is not proper in acquittal.
their different classes, are those included in the
following:

Scale Court acquitting the accused may criticize his acts or conduct
- But a competent court, while acquitting an accused, may permit itself
Principal Penalties nevertheless to criticize or reprehend his acts and conduct in connection with
the transaction out of which the accusation arise.
 Classification of Principal Penalties:
Capital punishment: a. Gravity – Principal penalties except fine are classified into capital
punishment, afflictive correctional and light felonies. Fine is classified
Death. into afflictive, correctional and light penalty.
b. Subject Matter – classified into corporal punishment, deprivation or
Afflictive penalties: freedom, pecuniary punishment (ex. Fine), restriction of freedom (ex.
Destierro) and deprivation of rights:
Reclusión perpetua, c. Divisibility
- Divisible – those that can be divided into 3 periods;
Reclusión temporal, - Indivisible – those that cannot be divided into 3 periods; eg. Reclusion
Perpetua.
Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Prisión mayor.

Correctional penalties:

Prisión correccional,

Arresto mayor,

Suspensión,

Destierro.

Light penalties:

Arresto menor,
 Public censure.

Penalties common to the three preceding classes:

Fine, and

Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Suspension from public office, the right to vote and be

voted for, the profession or calling.

Civil interdiction,

Indemnification,

Forfeiture or confiscation of instruments and proceeds

of the offense,

Payment of costs.
26 Fine — When Afflictive, Correctional or Light Penalty.
— A fine, whether imposed as a single or as an
alternative penalty, shall be considered an afflictive
penalty, if it exceeds 6,000 pesos; a correctional
penalty, if it does not exceed 6,000 pesos but is not
less than 200 pesos; and a light penalty, if it be less
Duration of each of different penalties
- Reclusion perpetua 20 years and 1 day to 40 years
- Reclusion temporal 12 years and 1 day to 20 years
- Prision mayor and Temporary disqualific action 6 years and 1 day to 12 years
except when disqualification is accessory penalty, in which case its duration is
that of the principal penalty.
than 200 pesos. - Prision correction, Suspension, and destierro 6 months and 1 day to 6 years
except when suspension is an accessory penal, in which case its duration is that
of the principal penalty.
- Arresto mayor 1 month and 1 day to 6 months
- Arresto menor 1 day to 30 days
- Bond to keep the peace The period during which the bond shall be effective is
discretionary on the court.

Divisibility of Penalties:

Arresto Menor
 Min. 1 D – 10 D
 Med. 11 D – 20 D
 Max. 21 D – 30 D

Arresto Mayor
 Min. 1 M, 1 D – 2 M
 Med. 2 M, 1 D – 4 M
 Max. 4 Y, 2 M – 6 m

Prision Corresional
 Min. 6 M, 1 D – 2 Y, 4 M
 Med. 2 Y, 4 M, 1 D – 4 Y, 2 M
 Max. 4 Y, 2 M, 1 D – 6 Y

Prision Mayor
 Min. 6 Y, 1 D – 8 Y
 Med. 8 Y, 1 D – 10 Y
 Max 10 Y, 1 D – 12 Y

Reclusion Temporal
 Min. 12 y, 1 D – 14 Y, 8 M
 Med. 14 Y, 8 M, 1 D – 17 Y, 4 M

CHAPTER THREE
Duration and Effect of Penalties
SECTION ONE
Duration of Penalties
27  Reclusión Perpetua. — Any person sentenced to any
of the perpetual penalties shall be pardoned after
undergoing the penalty for thirty years, unless such
person by reason of his conduct or some other serious
cause shall be considered by the Chief Executive as
unworthy of pardon.
Reclusión temporal. — The penalty of reclusión
temporal shall be from twelve years and one day to
twenty years.
Prisión mayor and temporary disqualification. — The
duration of the penalties of prisión mayor and
temporary disqualification shall be from six years and
one day to twelve years, except when the penalty of
disqualification is imposed as an accessory penalty, in
which case its duration shall be that of the principal
penalty.
Prisión correccional, suspensión, and destierro. — The
 Max. 17 y, 4 M, 1 D – 20 Y
Reclusion Perpetua
 20 Y, 1 D – 40 Y
Duration of each of different penalties
- Reclusion perpetua 20 years and 1 day to 40 years
- Reclusion temporal 12 years and 1 day to 20 years
- Prision mayor and Temporary disqualific action 6 years and 1 day to 12 years
except when disqualification is accessory penalty, in which case its duration is
that of the principal penalty.
- Prision correction, Suspension, and destierro 6 months and 1 day to 6 years
except when suspension is an accessory penal, in which case its duration is that
of the principal penalty.
- Arresto mayor 1 month and 1 day to 6 months
- Arresto menor 1 day to 30 days
- Bond to keep the peace The period during which the bond shall be effective is
discretionary on the court.
Note:
- Reclusion Perpetua is an indivisible penalty although it has a duration
Distinctions:
Reclusion Perpetua Life Imprisonment
- Penalty provided for violations of - Penalty provided for violations of
 the RPC the special penal laws
duration of the penalties of prision correccional, - Has fix duration - No duration. The person will go
suspensión and destierro shall be from six months and into prison for the rest of his life
one day to six years, except when suspension is - There are accessory penalties - No accessory penalties
imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.

Arresto mayor. — The duration of the penalty or

arresto mayor shall be from one month and one day to
six months.

Arresto menor. — The duration of the penalty of

arresto menor shall be from one day to thirty days.

Bond to keep the peace. — The bond to keep the

peace shall be required to cover such period of time as
the court may determine.
28 Computation of Penalties. — If the offender shall be in
prison the term of the duration of the temporary
penalties shall be computed from the day on which the
judgment of conviction shall have become final.
If the offender be not in prison, the term of the
duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the
offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The
duration of the other penalties shall be computed only
from the day on which the defendant commences to
serve his sentence.
Question:
When does a person or an offender undergo preventive imprisonment?
- There are only 2 instances for a person can/should undergo preventive
imprisonment.
1. If he is charged with an offence and the offense is a nonbailable offense.
In nonbailable offense, bail is not a matter of right but a matter of
discretion.
E.g. When in the case of murder, the penalty is reclusion perpetua which
is nonbailable. So during this time when the case is still pending, he will
undergo preventive imprisonment.
2. In case wherein the offense is bailable but he cannot post bail.
E.g. Attempted murder which is bailable, but suppose he cannot post
 bail due to financial constraints, then he will undergo preventive
imprisonment.

Note:
- Detention prisoners – those undergoing preventive imprisonment
- Convicted prisoners – those who are in prison because of final
judgement.

Note:
- 3 persons who are disqualified for the crediting of preventive
imprisonment

1. Recidivist
2. Persons who are convicted previously twice or more times of any crime
3. Accuse being summoned for the execution of their sentence they have
failed to surrender voluntarily before a court of law.

29 One-half of the Period of the Preventive Imprisonment

Deducted from Term of Imprisonment. — Offenders
who have undergone preventive imprisonment shall be
credited in the service of their sentence consisting of
deprivation of liberty, with one-half of the time during
which they have undergone preventive imprisonment,
except in the following cases:

1. When they are recidivists, or have been convicted

previously twice or more times of any crime;

2. When upon being summoned for the execution of

their sentence they have failed to surrender
 voluntarily;

3. When they have been convicted of robbery, theft,

estafa, malversation of public funds, falsification,
vagrancy, or prostitution.
SECTION TWO

Effects of the Penalties According to Their Respective

Nature
30 Effects of the Penalties of Perpetual or Temporary
Absolute Disqualification. — The penalties of perpetual
or temporary absolute disqualification for public office
shall produce the following effects:
Perpetual disqualification means that the disqualification lasts during the
lifetime. When you talk of temporary absolute disqualification, the
disqualification only applies during the term of the sentence. After the sentence,
the rights will be restored.

1. The deprivation of the public offices and

employments which the offender may have held, even
if conferred by popular election.

2. The deprivation of the right to vote in any election

for any popular elective office or to be elected to such
office.

3. The disqualification for the offices or public

employments and for the exercise of any of the rights
mentioned.

In case of temporary disqualification, such

disqualification as is comprised in paragraphs 2 and 3
of this article shall last during the term of the sentence.

4. The loss of all right to retirement pay or other

 pension for any office formerly held.
31 Effects of the Penalties of Perpetual or Temporary
Special Disqualification. — The penalties of perpetual
or temporary special disqualification for public office,
profession or calling shall produce the following
effects:

1. The deprivation of the office, employment,

profession or calling affected;

2. The disqualification for holding similar offices or

employments either perpetually or during the term of
the sentence, according to the extent of such
disqualification.
32 Effects of the Penalties of Perpetual or Temporary
Special Disqualification for the Exercise of the Right of
Suffrage. — The perpetual or temporary special
disqualification for the exercise of the right of suffrage
shall deprive the offender perpetually or during the
term of the sentence, according to the nature of said
penalty, of the right to vote in any popular election for
any public office or to be elected to such office.
Moreover, the offender shall not be permitted to hold
any public office during the period of his
disqualification.
33 Effects of the Penalties of Suspension from Any Public Question:
Office, Profession or Calling, or the Right of Suffrage. — What is the difference of Art. 31 form Art. 33?
The suspension from public office, profession or
calling, and the exercise of the right of suffrage shall - In Art. 31, there is deprivation of the office and disqualification from
disqualify the offender from holding such office or holding office. While Art. 33, there is merely suspension form public
 exercising such profession or calling or right of suffrage office, profession or calling, or exercise of the right of suffrage.
during the term of the sentence.
Note:
The person suspended from holding public office shall - Suspension (may be principal or accessory penalty)
not hold another having similar functions during the
period of his suspension.
34 Civil Interdiction. — Civil interdiction shall deprive the
offender during the time of his sentence of the rights
of parental authority, or guardianship, either as to the
person or property of any ward, of marital authority, of
the right to manage his property and of the right to
dispose of such property by any act or any conveyance
inter vivos.
35  Effects of Bond to Keep the Peace. — It shall be the
duty of any person sentenced to give bond to keep the
peace, to present two sufficient sureties who shall
undertake that such person will not commit the
offense sought to be prevented, and that in case such
offense be committed they will pay the amount
determined by the court in its judgment, or otherwise
to deposit such amount in the office of the clerk of the
court to guarantee said undertaking.

The court shall determine, according to its discretion,

the period of duration of the bond.

Should the person sentenced fail to give the bond as

required he shall be detained for a period which shall
in no case exceed six months, if he shall have been
prosecuted for a grave or less grave felony, and shall
not exceed thirty days, if for a light felony.
36 Pardon; Its Effects. — A pardon shall not work the
restoration of the right to hold public office, or the
right of suffrage, unless such rights be expressly
restored by the terms of the pardon. A pardon shall in
no case exempt the culprit from the payment of the
civil indemnity imposed upon him by the sentence.
It refers to the executive power which the President exercises. Absolute
pardon extinguishes the criminal liability of the offender.
Executive Clemency
- Pardoning power of the President. The president has the sole power to
execute acts of forgiveness by relieving the person from penal
consequences of the crime.

Kinds of executive Pardon

- Absolute/full pardon- no condition attached. It obliterates principal and
accessory penalties.
- Conditional pardon- the grant of pardon is coupled with certain terms
and conditions which the pardoning must comply. If he does not comply,
it can be revoked.

(Limitations of the pardoning power is found Art. 7 of the 1987 constitution)

Executive Pardon Private Pardon

- Absolute/full executive
pardon extinguishes the
criminal liability of the
offender
- Conditional executive pardon
extinguishes the criminal
liability of the offender.
- Cannot include civil liability
which the offender must pay
- Pardon granted only after
conviction and may be
extended to any of the
Generally, it does not extinguish the
criminal liability of the offender.
Except on the instances covered by
Art. 344 of the RPC
- Offended party can waive civil
liability which the offender
must pay
- In Art. 344, pardon must be
extended before the
institution of the criminal

37 Costs — What are Included. — Costs shall include fees
and indemnities in the course of the judicial
proceedings, whether they be fixed or unalterable
amounts previously determined by law or regulations
in force, or amounts not subject to schedule.
38  Pecuniary Liabilities — Order of Payment. — In case
the property of the offender should not be sufficient
for the payment of all his pecuniary liabilities, the same
shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The costs of the proceedings.
39 Subsidiary Penalty. — If the convict has no property
with which to meet the pecuniary liabilities mentioned
in paragraphs 1st, 2nd and 3rd of the next preceding
article, he shall be subject to a subsidiary personal
liability at the rate of one day for each 2 pesos and 50
centavos, subject to the following rules:
offenders prosecution and must be
extended to both offenders
Question:
What is the rule on cost?
- Cost must be expressly stated as an accessory penalty. The court has the
discretion whatever to impose or not to impose.
What are included in the cost?
- Fees and indemnities in the course of judicial proceedings.
Costs are chargeable to the accused in case of conviction
- Costs which are expenses of litigation are chargeable to the accused only in
cases of conviction. In case of acquittal, the costs are de oficio, each party
bearing his own expenses.
Pecuniary Liability is Monetary
Pecuniary liabilities of persons criminally liable (RIFC)
1. Reparation of the damage caused.
2. Indemnification of the consequential damages.
3. Fine.
4. Cost of proceedings.
Subsidiary Penalty – Is to be suffered by the convict who has no property with
which to meet the fine.
Note:
- The rate is to change from time to time.
1. If the principal penalty imposed be prisión
correccional or arresto and fine, he shall remain under
confinement until his fine and pecuniary liabilities
referred in the preceding paragraph are satisfied, but
his subsidiary imprisonment shall not exceed one-third
of the term of the sentence, and in no case shall it
continue for more than one year, and no fraction or
part of a day shall be counted against the prisoner.

2. When the principal penalty imposed be only a fine,

the subsidiary imprisonment shall not exceed six
months, if the culprit shall have been prosecuted for a
grave or less grave felony, and shall not exceed fifteen
days, if for a light felony.

3. When the principal penalty imposed is higher than

prisión correccional no subsidiary imprisonment shall
be imposed upon the culprit.

4. If the principal penalty imposed is not to be

executed by confinement in a penal institution, but
such penalty is of fixed duration, the convict, during
the period of time established in the preceding rules,
shall continue to suffer the same deprivations as those
of which the principal penalty consists.

5. The subsidiary personal liability which the convict

may have suffered by reason of his insolvency shall not
relieve him from reparation of the damaged caused,
nor from indemnification for the consequential
damages in case his financial circumstances should
 improve; but he shall be relieved from pecuniary
liability as to the fine.
SECTION THREE

Penalties in Which Other Accessory Penalties are

Inherent
40 Death — Its Accessory Penalties. — The death penalty, Art. 40 refers to the accessory penalty of death penalty when death penalty is
when it is not executed by reason of commutation or not executed by reason of computation of pardon.
pardon shall carry with it that of perpetual absolute
disqualification and that of civil interdiction during
thirty years following the date of sentence, unless such
accessory penalties have been expressly remitted in
the pardon.
41 Reclusión Perpetua and Reclusión Temporal — Their
accessory penalties. — The penalties of reclusión
perpetua and reclusión temporal shall carry with them
that of civil interdiction for life or during the period of
the sentence as the case may be, and that of perpetual
absolute disqualification which the offender shall
suffer even though pardoned as to the principal
penalty, unless the same shall have been expressly
remitted in the pardon.
42 Prisión Mayor — Its Accessory Penalties. — The What are the accessory penalties of prision mayor?
penalty of prisión mayor shall carry with it that of - Perpetual special disqualification form the right of suffrage and
temporary absolute disqualification and that of temporary absolute disqualification.
perpetual special disqualification from the right of
suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same
shall have been expressly remitted in the pardon.
43  Prisión Correccional — Its Accessory Penalties. — The For prision correctional, the accessory penalty are as follows:
 penalty of prisión correccional shall carry with it that of - Suspension form public office
suspension from public office, from the right to follow - Profession
a profession or calling, and that of perpetual special - Calling
disqualification from the right of suffrage, if the
duration of said imprisonment shall exceed eighteen
months. The offender shall suffer the disqualification
provided in this article although pardoned as to the
principal penalty, unless the same shall have been
expressly remitted in the pardon.
44 Arresto — Its Accessory Penalties. — The penalty of
arresto shall carry with it that of suspension of the
right to hold office and the right of suffrage during the
term of the sentence
45 Confiscation and Forfeiture of the Proceeds or
Instruments of the Crime. — Every penalty imposed for
the commission of a felony shall carry with it the
forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be

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

CHAPTER FOUR

Application of Penalties
 SECTION ONE

Rules for the Application of Penalties to the Persons

Criminally Liable and for the Graduation of the Same
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.
47  In What Cases the Death Penalty Shall Not Be Crimes punishable by death penalty
Imposed. — The death penalty shall be imposed in all (1) Treason,
cases in which it must be imposed under existing laws, (2) Piracy,
except in the following cases: (3) Qualified piracy,
(4) Qualified bribery,
(5) Parricide,
1. When the guilty person be more than seventy years
(6) Murder,
of age. (7) Infanticide,
(8) Kidnapping and serious illegal detention,
2. When upon appeal or revision of the case by the (9) Robbery with homicide,
Supreme Court, all the members thereof are not (10) Destructive arson,
unanimous in their voting as to the propriety of the (11) Rape with homicide,
imposition of the death penalty. For the imposition of (12) Plunder,
said penalty or for the confirmation of a judgment of (13) Certain violations of Dangerous Drugs Act, and
the inferior court imposing the death sentence, the (14) Car napping
Supreme Court shall render its decision per curiam,
which shall be signed by all justices of said court,
unless some member or members thereof shall have
become disqualified from taking part in the
consideration of the case, in which event the
 unanimous vote and signature of only the remaining
justices shall be required.
48 Penalty for Complex Crimes. — When a single act
constitutes two or more crimes, or when an offense is
a necessary means for committing the other, the
penalty for the most serious crime shall be imposed,
the same to be applied in its maximum period.
49 Penalty to Be Imposed Upon the Principals When the 1. That only a single act is
Crime Committed is Different from that Intended. — In performed by the
cases in which the felony committed is different from offender.
that which the offender intended to commit, the 2. That the single act
produces:
following rules shall be observed:
(a) two or more grave felonies,
1. If the penalty prescribed for the felony committed or
be higher than that corresponding to the offense which (b) one or more grave and one
the accused intended to commit, the penalty or more less grave felonies, or
corresponding to the latter shall be imposed in its (c) two or more less grave
maximum period. felonies.

2. If the penalty prescribed for the felony committed

be lower than that corresponding to the one which the
accused intended to commit, the penalty for the
former shall be imposed in its maximum period.

3. The rule established by the next preceding

paragraph shall not be applicable if the acts committed
by the guilty person shall also constitute an attempt or
frustration of another crime, if the law prescribes a
higher penalty for either of the latter offenses, in which
case the penalty provided for the attempt or the
 frustrated crime shall be imposed in its maximum
period.
50 Penalty to Be Imposed Upon Principals of a Frustrated
Crime. — The penalty next lower in degree than that
prescribed by law for the consummated felony shall be
imposed upon the principal in a frustrated felony.
51  Penalty to Be Imposed Upon Principals of Attempted
Crimes. — The 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.
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 the
accomplices in the commission of a consummated
felony.
53 Penalty to Be Imposed Upon Accessories to the
Commission of a Consummated Felony. — 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.
54 Penalty to Be Imposed Upon Accomplices in a
Frustrated Crime. — The penalty next lower in degree
than that prescribed by law for the frustrated felony
shall be imposed upon the accomplices in the
commission of a frustrated felony.
55 Penalty to Be Imposed Upon Accessories of a
Frustrated Crime. — 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.
56 Penalty to Be Imposed Upon Accomplices in an
Attempted Crime. — The penalty next lower in degree
than that prescribed by law for an attempt to commit a
felony shall be imposed upon the accomplices in an
attempt to commit the felony.
57 Penalty to Be Imposed Upon Accessories of 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.
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 or 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.
59 Penalty to Be Imposed in Case of Failure to Commit the
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.
60 Exceptions to the Rules Established in Articles 50 to 57.
— The provisions contained in articles 50 to 57,
inclusive, of this Code shall not be applicable to cases
in which the law expressly prescribes the penalty
provided for a frustrated or attempted felony, or to be
imposed upon accomplices or accessories.