RPC Criminal Law Basics

MODASIR, Princess Paida Disangcopan
Criminal Law I – Section 1
Revised Penal Code

Arts. 1-113
Book 1
DEFINITION OF CRIMINAL LAW

Criminal law is that branch of law, which defines crimes, treats of their nature, and
provides for their punishment.
ITS SOURCES
1. The Revised Penal Code (RPC) (Act No. 3815) and its amendments;
2. Special penal laws passed by the Philippine Commission, Philippine Assembly,
Philippine Legislature, National Assembly, the Batasang Pambansa, and Congress of
the Philippines;
3. Penal Presidential Decrees issued during Martial Law by President Marcos; and
4. Penal Executive Orders issued during President Corazon Aquino’s term.
CHARACTERISTICS OF CRIMINAL LAW

1. Generality
General Rule: The criminal law of the country governs all persons who live or sojourn
within the country regardless of their race, belief, sex, or creed.
Exceptions:
a. Treaty stipulations and international agreements, e.g. RP-US Visiting Forces Accord.
b. Laws of Preferential Application, e.g. RA 75 penalizes acts which would impair the
proper observance by the Republic and its inhabitants of the immunities, rights, and
privileges of duly-accredited foreign diplomatic representatives in the Philippines.
c. The principles of Public International Law.
d. Members of the Congress are not liable for libel or slander in connection with any
speech delivered on the floor of the house during a regular or special session (1987
Constitution, Art. IV, Sec. 11).
2. Territoriality
General Rule: The penal laws of the country have force and effect only within its
territory.
Exceptions:
1. Should commit and 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 preceding number;
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.
3. Prospectivity
General Rule: Acts or omissions classified as crimes will be scrutinized in accordance
with the relevant penal laws if these are committed after the effectivity of those penal
laws.
Exceptions: Whenever a new statute dealing with a crime establishes conditions more
lenient or favorable to the accused.
The retroactive effect shall benefit the accused even if at the time of the publication of
the law, a final judgment has been pronounced and the convict is already serving his
sentence.
Exceptions to the exceptions: The new law cannot be given retroactive effect even if
favorable to the accused:
a. When the new law is expressly made inapplicable to pending actions or existing
causes of actions (Tavera v. Valdez, G.R. No. 922, November 8, 1902).
b. When the offender is a habitual criminal.

ARTICLE 1: Time when Act takes effect.
This Code shall take effect on the first day of January, nineteen hundred and thirty-two.
ARTICLE 2: Application of its provisions

There are five instances where the Revised Penal Code shall take effect outside the
Philippine Territory:
1. Should commit on offense while on Philippine Ship or Airship;
2. Should forge a counterfeit any coin or currency note of the Philippine Islands or
Obligation 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 preceding number;
4. While being public officers or employees should commit on offense in the exercise of
their functions; and
5. Should commit any of the crime against national security and the law of nations,
defined in the title one of Book Two of this Code.
When is it Applicable?
The provisions of RPC shall be enforced not only within the Philippine Archipelago but
also outside of its jurisdiction in certain cases. The five paragraph of Article 2 treat of the
application of RPC to acts committed in the air, at sea and even in a foreign country
when such acts affect the political or economical life of the nation.
How is its construed vis-a-vis other provision?

The crimes committed outside of the Philippine but punishable there in under Article 2 of
the RPC shall be cognizable by the Regional Trial Court for violation of different articles
in RPC.
Why is it relevant?
While the general rule is that the provisions of the RPC shall be enforced against any
person who violates any of its provisions while living or sojourning in the Philippines, the
exceptions to that ruling may be provided by treaties and laws of preferential
applications
Title One: Felonies and Circumstances which Affect Criminal Liability

ARTICLE 3: Felonies
Felonies are acts and omissions punishable by law.
What are the essential requisites?

The elements of felonies in general are:
1. That there must be an act or omission.
2. That the act or omission must be punishable by the RPC.
3. That the act is performed or the omission incurred by means of dolo or culpa.
Requisites of Dolo or Deceit

1. Freedom
2. Intelligent
3. Intent
Requisites of Mistake of Fact as a Defense.

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

1. Freedom
2. Intelligence
3. Imprudent, Negligent or Lacks foresight or skill.
When / Whom is it Applicable?

Applicable on the acts and omissions punishable by law which are the felonies
committed either by deceit (dolo) or by means of fault (culpa).
How is it construed vis-à-vis other provision?
There are three classes of crimes the RPC defines of penalize the first two classes of
crimes: (1) Intentional felonies and (2) Culpable felonies. The third class of crimes are
these defined and penalized by special laws which include crimes punished by
municipal or city ordinance.
Why is it relevant?
This is based upon the maxim “nullum crimen, nulla poena sine lege” that there is no
crime when there is no law punishing it. The term “felony” means acts and omission
punished in the Revised Penal Code to distinguish it from the words of “Crime” and
“Offense” which are applied to infractions of the law punished by special statues.
ARTICLE 4: Criminal Liability
Paragraph 1: Wrongful act done be different from that which he intended.
Requisites
1. That an intentional felony has been committed
2. That the wrong done to the aggrieved party be the direct, natural and logical
consequences of the felony committed by the offender.
Paragraph 2: Impossible Crimes

Requisites
1. That the act performed would be an offense against person and property.
2. That the act was done with evil intent.
3. That is accomplishment is inherently impossible or that means employed is
either inadequate or ineffectual.
4. That the act performed should not constitute a violation of another provision of
the RPC.
When is it Applicable?
The Application of Article 4 is Criminal liability is incurred by any person in the
cases mentioned in the two paragraphs of Article 4. This article has no reference
to the manner criminal liability is incurred.
The rationale of the rule in Article 4 is found in the doctrine that “el que es causa
de la causa es causa del mal causado” He who is the cause of the cause is the
cause of the evil caused.
How is it construed vis-a-vis other provision?

The manner of incurring criminal liability under the Revised Penal Code is stated
in Article 3, that is performing or failing to do an act, when either is punished by
law, by means of deceit (with malice) or fault (though negligence or imprudence).
Why is it relevant?
The purpose of the law in punishing the impossible crime is to suppress criminal
propensity or criminal tendencies. Objectively, the offender has not committed a
felony but subjectively he is criminal.

ARTICLE 5: Duty of the Court
1. When there are acts which should be repressed but are not covered by
the law.
The 1st Paragraph of this article which contemplates trial od a criminal case
requires the following:
1. The act committed by the accused appears not punishable by any law.
2. But the court deems it proper to repress such act.
3. In that case, the court must render the proper decision by dismissing the case
and acquitting the accused.
4. The judge must them make a report to the chief executive though the
secretary of justice stating the reasons which induce him to believe that the said
act should be made the subject of penal legislation.
2. In cases of excessive penalties.

The 2nd paragraph of Article 5 requires:
1. The court after trial finds the accused guilty.
2. The Penalty provided by law and which the court imposes for the crime
committed appears to be clearly excessive.
3. The court should not suspend the execution of the sentence.
4. The judge should submit a statement to the Chief Executive through the
Secretary of Justice, recommending executive decency.
When / whom is it applicable?

Paragraph 1 and 2 of Article 5, applied in relation to penalty that the court
believes should be the subject of amendment by the legislature.
Court have the duty to apply the penalty provided by law. Judge has the duty to
apply the law as the interpreted by the Supreme Court.
How it is Construed vis-a-vis other provision?

In a case of estafa under Article 315, paragraph 1 (b) the question of the
continued validly of the penalties imposed on persons convicted of crimes
involving property come up since the penalties were pegged to the valve of the
money and property in 1930 when the RPC was enacted. The members of the
division deliberating the case referred the matter to the court en banc and several
ami curae were invited to give their academic opinion.
Why is it relevant?
Pursuant to Article 5 of the RPC the Supreme Court ordered the copy of the
Decision be furnished by the President of the Republic of the Philippines, through
the Department of Justice as well as the President of the Senate and the
Speaker of the House of Representatives. It can appropriately presume that the
framers of the RPC had anticipated the matter by including the Article 5.
ARTICLE 6: Consummated, Frustrated and Attempted Felonies
1. Consummated Felony
A felony is consummated when all the acts necessary for its accomplishment and
execution are present.
2.Frustrated Felony
A felony is frustrated when the offender performs all the acts of execution which
would produce the felony as a result, but which nevertheless do not produce it by
reason of causes independent of the will of the perpetrator.
Requisites
1. The offender performs all the acts execution.
2. All the acts performed would produce the felony as a consequence.
3. But the felony is not produced.
4. By reason of course independent of the will of the perpetrator.
3. Attempted Felony
There is an attempt when the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of execution
which should produce the felony, by reason of some cause or accident
other than his own spontaneous desistance.
Requisites
1. The offender commences the commission of the felony directly by
overt acts
2. He does not perform all the acts of execution which should produce the
felony.
3. The offender’s act is not stopped by his own spontaneous desistance
4. The non- performance of all acts of execution was due to cause of
accident other than his spontaneous desistance.
When it is applicable?
In determining whether the felony is only attempted or frustrated or it is consummated,
the nature or it is consummated, the nature of the offense, the elements constituting the
felony as well as the manner of committing the same must be considered. Hence, all the
elements of the felony for which the accused is prosecuted must be present in order to
hold him liable therefore in its stages.
How it is construed vis-a-vis other provision?

Accordingly, there is no attempted or frustrated impossible crime. Since the offender in
impossible crime has already performed the acts for the execution of the same, there
could be no attempted impossible crime.
There is no Frustrated Impossible crime because the acts performed by the offender are
considered as constituting a consummating offense.
Why is it relevant?
This is important, in order to identify the Development of crime. This Article
distinguished the Consummated, Attempted and Frustrated Felony. From the moment
the culprit conserves the idea of committing a crime up to the realization of the same his
acts possess though certain stages, the internal acts and external acts.
ARTICLE 7: Light Felonies
General Rule
Light felonies are punishable only when they are consummated.
Exception
Light felonies committed against person or property are punishable even if attempted or
frustrated.
When it is Applicable?
When light felonies are consummated.
How it is construed vis-à-vis other provisions?

Light felonies against person:
Article 266 - Slight Physical injuries and Maltreatment.
Light Felonies against property:
Article 309 No. 7 - Theft by Hunting
Article 309, No. 8 - . Theft where the value of the stolen property does not exceed
P5.00.
Article 313 - Alteration of boundary marks.
Why is it relevant?
Light felonies produce such light insignificant moral and material that public conscience
is satisfied with providing a light penalty for their consummation. The commission of
felonies against persons or property presupposes in the offender moral depravity. For
that reason, even attempted or frustrated light felonies against person or property are
punishable.

ARTICLE 8: Conspiracy

Requisites of Conspiracy
1. That two or more persons come to an agreement.
2. That the agreement concerned the commission of a felony.
3. That the execution of the felony be decided upon.
Requisites of Proposal
1. That a person has decided to commit a felony.
2. That he proposes its execution to some other person or persons.
When is it applicable?
Conspiracy and proposal to commit felony are not punishable. They are only punishable
in the cases in which law specially provides a penalty therefore. When conspiracy
relates to crime actually committed, it is not felony but only a manner of incurring
criminal liability that when there is conspiracy, the act of one is the act of all.
How is it construed vis-à-vis other provisions?

The Revised Penal Code specially provides a penalty for mere conspiracy in
1. Article 115. Conspiracy to commit treason.
2. Article 136. Conspiracy to commit coup d’état, rebellion or insurrection.
3. Article 141. Conspiracy to commit sedition.
Why is it relevant?
In ordinary crimes, the state survive the victim, and the culprit cannot find in the success
of his work any impunity. Whereas, in crimes against external and internal severity of
the state, if the culprit succeeds in his criminal enterprises, he would obtain the power
and therefore impunity for the crime committed. Conspiracy and proposal to commit a
crime are only preparation acts, and the law regards them as innocent or at least
permissible except in rare and exceptional cases.
ARTICLE 9: Grave, Less Grave and Light Felonies
Grave Felonies – to which the law attaches a capital punishment.
Requisites:
1. The penalty prescribed for the offense is composed of two or more distinct
penalties, the higher or highest of the penalties is an afflictive penalty.
2. The penalty is composed of two periods of an afflictive penalty or two periods
corresponding to different afflictive penalties.
Less Grave Felonies – to which the law punishes with penalties in their maximum period
are correctional.
Requisites:
1. The penalty prescribed for the offense is composed of two or more distinct
penalties, the higher or highest of the penalties is a correctional penalty.
2. The penalty is composed of two periods of an afflictive penalty or two periods
corresponding to different correctional penalties.
Light Felonies – to which the law punishes the penalty of arresto menor or a fine not
exceeding 200php.
Requisites
1. The penalty is aresto menor;
2. A fine not exceeding 200 pesos; or
3. The penalty is arresto menor and fine not exceeding 200 pesos
This provision is applicable in identifying the classification of an offense and its
imposable penalty according to its gravity.
How is it construed vis-as-vis other provision?

Article 9 should be construed in accordance to Article 25. Article 25 enumerate the
penalties falling under the capital punishment, afflictive penalties, correctional penalties,
light penalties and other penalties.
Why is it relevant?
The importance of classifying the felonies as to their severity or gravity is to determine:
1. Whether these felonies can be complex or not (Art. 48, RPC);
2. The prescription of the crime and the prescription of the penalty (Art. 90, RPC);
3. Whether the accessory is liable (Art. 16, RPC);
4. The duration of the subsidiary penalty [Art. 39(2), RPC];
5. The duration of the detention in case of failure to post the bond to keep the peace
(Art. 35); and
6. The proper penalty for quasi-offenses (Art. 365, par. 1, RPC).
ARTICLE 10: Offenses not subject to the provisions of this Code
There are no essential requisites to this provision because herein provided are the rule
of inapplicability of this code to the offenses subject to special laws and the rule of
suppletory application of R.P.C. to special laws unless the latter especially provide the
contrary.
This is applicable when the offense committed is not a felony punished by the R.P.C
and when the special law is lacking and the supplement of RPC is needed.
How is it construed vis-a-vis other provisions?

This provision should be construed in accordance to the provisions of certain special
penal laws.
Why is it relevant?
Article 10 is relevant as it reconciles the provisions of R.P.C with the provisions of
special penal laws.
ARTICLE 11: Justifying Circumstances
The following are justifying circumstances:
1. Self-defense;
Requisites:
1. Unlawful aggression;
Requisites of Unlawful Aggression
1. There must be a physical or material attack or assault;
2. The attack or assault must be actual, or, at least, imminent; and
3. The attack or assault must be unlawful
2. Reasonable necessity of the means employed to prevent or repel it;

Requisites
1. Nature and quality of the weapon used by the aggressor;
2. Physical condition, character, size and other circumstances of both the
offender and defender; and
3. Place and occasion of the assault.
3. Lack of sufficient provocation on the part of the person defending himself.
2. Defense of relatives;
Requisites
2. Reasonable necessity of the means employed to prevent or repel it; and
3. In case the provocation was given by the person attacked, the one making
defense had no part therein.
3. Defense of stranger;
Requisites
2. Reasonable necessity of the means employed to prevent or repel it; and
3. The person defending be not induced by revenge by revenge, resentment,
or motive;
4. Avoidance of greater evil or injury;

Requisites
1. Evil sought to be avoided actually exists;
2. Injury feared be greater than that done to avoid it;
3. There be no other practical and less harmful means of preventing it; and
4. There must be no contribution on the part of the accused what caused the
evil to arise.
5. Fulfillment of duty or exercise of right or office;

Requisites
1. Accused acted in the performance of a duty or in the lawful exercise of a
right or office; and
2. Injury caused or offense committed be the necessary consequence of the
due performance of duty or the lawful exercise of such right or office.
6. Obedience to an order of a superior.

Requisites
1. An order has been issued by a superior;
2. Such order must be for some lawful purpose; and
3. Means used by the subordinate to carry out said order is lawful.
This article is applicable when the act of a person is said to be in accordance with the
law, so that such person is deemed not to have transgressed the law and is free from
both criminal and civil liability except paragraph 4 of this article where the civil liability is
borne by the persons benefited by the act.

Article 11 par 1 in relation to Article 249 of the New Civil Code, a person may use force
or violence to protect his property.
Why is it relevant?
The relevance of this article is based on the maxim actus non facit reum, ‘an act does
not make the doer guilty, unless the min is guilty’. Where the person who committed the
said injurious act is without criminal intention to do it, he should be freed from criminal
liability.
ARTICLE 12: Exempting Circumstances
The following are exempted from criminal liability
1. An imbecile or an insane person, unless the latter has acted during a lucid
interval;
2. A child fifteen years of age or under is exempt from criminal liability under RA
9344;
3. A person over fifteen years of age and under eighteen, unless he has acted with
discernment, in which case, such child shall be subject to appropriate
proceedings in accordance with RA 9344;
4. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without the fault or intention of causing it;
Requisites
1. That the act causing the injury be lawful; that is, permitted not only by law but also by
regulations;
2. That it be performed with due care;
3. That the injury be caused by mere accident, i.e., by an unforeseen event; and
4. That there be no fault or intention to cause the injury.
5. Any person who acts under the compulsion of an irresistible force;
Requisites
1. Compulsion is by means of physical force;
2. Physical force must be irresistible; and
3. Physical force must come from a third person.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury; and
Requisites
1. Existence of an uncontrollable fear;
2. Fear must be real and imminent; and
3. Fear of an injury is greater than or equal to that committed.
7. Any person who fails to perform an act required by law, when prevented by some
lawful or insuperable cause.
Requisites
1. An act is required by law to be done;
2. A person fails to perform such act; and
3. Failure to perform such act was due to some lawful or insuperable cause.
This is applicable when there is wanting in the agent of the crime, any of the conditions
which make the act voluntary or negligent.

In Article 101 of the RPC, the person who used the force or created the fear is criminally
and primarily civilly liable, but the accused who performed the act involuntarily and
under duress is still civilly liable.
Why is it relevant?
This article is relevant because under RPC, a person must act with malice or perform
act with negligence in order to be criminally liable. But one who acts without intelligence,
freedom of action or intent does not act with malice; and one who acts without
intelligence, freedom of action or fault does not act with intelligence. When there is
wanting in the elements of a felony, one should not be held liable.
ARTICLE 13: Mitigating Circumstances
Circumstances which can mitigate criminal liability
1. Incomplete justifying or exempting circumstance;

2. The offender is under 18 or over 70 years old;
3. No intention to commit so grave a wrong (praeter intentionem);
4. Sufficient threat or provocation;
Requisites
1. Provocation must be sufficient;
2. It must originate from the offended party; and
3. It must be immediate to the act.
5.Vindication of a grave offense;

Requisites
1. Grave offense has been done to the one committing the felony, his spouse,
ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives
by affinity within the same degree; and
2. A felony is committed in vindication of such grave offense.
6. Passion or obfuscation;
Requisites of passion or obfuscation (Art 13 par. 6)
1. That there is an act, both unlawful and sufficient to produce such a condition of mind;
2. That the said act which produced the obfuscation was not far removed from the
commission of the crime by a considerable length of time, during which the perpetrator
might recover his natural equanimity.
7. Voluntary surrender and confession of guilt.

Requisites of voluntary surrender
1. Offender had not been actually arrested;
2. Surrender was made to a person in authority or the latter’s agent; and
3. Surrender was voluntary.
Requisites of confession of guilt
1. The offender voluntarily confessed his guilt;
2. It was made in open court (that is before the competent court that is to try the
case);
3. It was made prior to the presentation of evidence for the prosecution.
8. Physically defect;
Requisites
1. The offender is deaf and dumb, blind or otherwise uffering from some physical
defect; and
2. Such physical defect restricts his means of action, defense, or communication
with his fellow beings.
9. Illness of the offender;

Requisites
1. Illness of the offender must diminish the exercise of will power; and
2. Such illness should not deprive the offender the consciousness of his acts.
10. Similar and analogous circumstances.
This is applicable when the offender diminish either his freedom of action, intelligence or
intent.

The following article are privileged mitigating circumstances:
1. Article 68
2. Article 69
3. Article 64 par. 5.
4. Article 255 par 5
5. Article 268 par. 3
6. Article 333 par 3
Why is it relevant?
Article 13 is relevant because even if it does not entirely free the actor from criminal
liability, it serves to reduce the penalty of the offender.

ARTICLE 14: Aggravating Circumstances
The following are aggravating circumstances:
1. Advantage taken of public position;

2. Contempt or insult to public authorities;
Requisites
1. That the public authority is engaged in the exercise of his functions;
2. Such authority is not the person against whom the crime is committed;
3. Offender knows him to be a public authority; and
4. His presence has not prevented the offender from committing the crime.
3. Disregard of age, sex, or dwelling of the offended party;

Requisites
1. Given by the owner or occupant of the dwelling;
2. Sufficient; and
3. Immediate to the commission of the crime.
4. Abuse of confidence and obvious ungratefulness;

Requisites
1. The offended party had trusted the offender;
2. The offender abused such trust by committing a crime against the offended
party; and
3. The abuse of confidence facilitated the commission of the crime
5. Palace and places of commission of offense;

Requisites
If the crime is committed:
1. In the palace of the Chief Executive;
2. In his presence;
3. Where public authorities are engaged in the discharge of their duties; or
4. In a place dedicated to religious worship.
6. Nighttime, uninhabited place or band; (BAR 1994, 1997, 2009)
7. On occasion of calamity or misfortune;
8. Aid of armed men, or persons who insure or afford impunity;
Requisites
1. That armed men or persons took part in the commission of the crime, directly or
indirectly; and
2. That the accused availed himself of their aid or relied upon them when the crime is
committed.
9. Recidivist:
Requisites
1. That the offender is on trial for an offense;
2. He was previously convicted by final judgment of another crime;
3. Both the first and second offense are embraced in the same title of the RPC;
and
4. Offender is convicted of the new offense.
10. Reiteracion;
Requisites
1. That the accused is on trial for an offense;
2. That the previously served his sentence for another crime to which the law
attaches an equal or greater penalty, or for two or more crimes to which it
attaches lighter penalty than that for the new offense; and
3. That he is convicted of the new offense.
11. Price, reward, or promise;

Requisites
1. There are at least two principals
a. Principal by inducement
b. Principal by direct participation; and
2. The price, reward, or promise should be previous to and in consideration of the
commission of the criminal act.
12. 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 or ruin.;
13. Evident premeditation;
Requisites
1. Determination – the time when the offender determined to commit the crime;
2. Preparation – an act manifestly indicating that the culprit has clung to his
determination; and
3. Time – a sufficient lapse of time between the determination and execution, to allow
him to reflect upon the consequences of his act and to allow his conscience to
overcome the resolution of his will.
14. Craft, fraud or disguise;

15. Superior strength or means to weaken the defense;
Requisites of abuse of superior strength
1. That there be notorious inequality of forces between the offender and the offended
party in terms of their age, size, and strength;
2. That the offender took advantage of this inequality of forces to facilitate the
commission of the crime.
Requisites of means to weaken defense

1. Means were purposely sought to weaken the defense of the victim to resist the
assault
2. The means used must not totally eliminate possible defense of the victim, otherwise,
it will fall under treachery.
16. Treachery;
Requisites
1. The employment of means of execution that would insure the safety of the accused
from retaliatory acts of the intended victim and leaving the latter without an opportunity
to defend himself; and
2. The means employed were deliberately or consciously adopted by the offender
17. Ignominy;
18. Unlawful entry;
19. Breaking wall;
Requisites
1. A wall, roof, window, or door was broken
2. They were broken to effect entrance
20. Aid of minor or by means of motor vehicle or other similar means; and
21. Cruelty.
Requisites
1. That at the time of the infliction of the physical pain, the offended party is still alive.
2. That the offender enjoys and delights in seeing his victim suffer gradually by the
infliction of the physical pain.
Generally, Article 14 is applicable when the offender is in great perversity in the
commission of the felony by his motivating power itself; the place of commission of the
crime; the time; the personal circumstances of the offender or the offended party.

In Article 248, it enumerates the qualifying aggravating circumstances which qualify the
killing of a person to murder.
In Art 62, the effects of the attendance of mitigating or aggravating circumstances and
of habitual delinquency.
Why is it relevant?
This provision is relevant because it serve to increase the penalty although without
exceeding the maximum of the penalty provided by law for the offense.

ARTICLE 15: Alternative Circumstances
The following are alternative circumstances:
1. Relationship
Relationship taken into consideration when the offended party is the:
1. Spouse;
2. Ascendant;
3. Descendant;
4. Legitimate, natural, or adopted Brother or Sister;
5. Relative by affinity in the same degree of the offender; and
6. Other relatives included by Analogy to ascendants and descendants. e.g.
Stepparents –It is their duty to bestow upon their stepchildren a mother/father’s
affection, care and protection.
2. Intoxication
Intoxication considered mitigating if intoxication is:
1. Not habitual;
2. Not subsequent to the plan to commit a felony; or
3. At the time of the commission of the crime, the accused has taken such quantity of
alcoholic drinks as to blur his reason and deprive him of certain degree of control.
Intoxication considered aggravating if intoxication is:

1. Habitual; or
2. Intentional (subsequent to the plan to commit a felony).
3. Degree of education of the offender.
Article 15 is applicable when relationship, intoxication, and the degree of instruction and
education of the offender must be consider to identify whether a crime is aggravating or
mitigating.
In construing the provision of other articles in the R.P.C., whenever relationship,
intoxication, or degree of instruction and education is a factor in the nature and effects
of the crime, by virtue of Article 15, relationship, intoxication, or degree of instruction
and education of offended or offending party must be considered.
Why is it relevant?
This is relevant because the relationship, intoxication, and the degree of instruction and
education of the offender must be taken into consideration.
ARTICLE 16: Who are criminally liable
1. Principals
2. Accomplices
3. Accessories

This provision does not have any requisite because herein provided are those who can
be held criminally liable for grave, less grave and light felonies.
This provision is applicable if the felon is a natural person and when the crime is
committed by many, with different degrees of participation.

This provision should be construed with Articles 17, 18, and 19 because these
provisions lay down the requisites of those who can be held criminally liable as
principals, accomplices and accessories for the grave, less grave and light felonies.
Why is it relevant?
This provision is relevant because it provides for the level of criminal liabilities one has
incurred in accordance with his/her degree of participation in the commission of the
crime.
ARTICLE 17: Principals
1. By direct participation
The following are the requisites that must be present to establish two or more as
co-principals by direct participation:
➢ They participated in the criminal resolution
➢ They carried out their plan and personally took part in its execution by acts
which directly tended the same end
2. By induction
The following are the requisites that must be present to establish a person as
principal by inducement:
➢ That the inducement be made directly with the intention of procuring the
➢ That such inducement be the determining cause of the commission of the
crime by the material executor.
In order that a person using a words of command may be held liable as principal under
Paragraph 2, the following five requisites must all be present:
• That the one uttering the words of command must have the intention of procuring the
commission of the crime
• That the one who made the command must have an ascendancy or influence over the
person who acted
• That the words used must be so direct, so efficacious, so powerful as to amount to
physical or moral coercion
• That the words of command must be uttered prior to the commission of the crime
• The material executor of the crime has no personal reason to commit the crime
3. By indispensable cooperation.
The following are the requisites that must be present to establish a person principal by
cooperation:
➢ 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
➢ Cooperation in the commission of the offense by performing another act, without
which it would not have been accomplished.
This provision is applicable when the criminals took direct participation in the
commission of the crime, or those who forced or induced one to commit the same, or
those who cooperated in the commission of the offense by another act without which it
would not have been accomplished.

This provision should be construed with Article 8 because the former requires that the
criminals must have acted in conspiracy to establish principals by direct participation
and by cooperation. We must note that the conspiracy required here is only a requisite
in establishing principals and not as an offense.
Why is it relevant?
This provision is relevant because it lays down three different classes of principals and
its requisites in incurring criminal liabilities.

ARTICLE 18: Accomplices
The following are accomplices:
1. Not included in Art. 17; and
2. Cooperated in the execution of the offense by previous or simultaneous acts.

The following must concur to establish a person as an accomplice:
➢ That there must community of design
➢ That he cooperates in the execution of the offense by previous or simultaneous acts,
with the intention of supplying material and moral aid in the execution of the crimes in
an efficacious way
➢ That there must be a relation between the acts done by the principal and those
attributed to the person charged as accomplice
This provision is applicable when there is no conspiracy between or among the
defendants, but they were animated by one and the same purpose to accomplish the
criminal objective, and those who cooperated by previous or simultaneous acts but
cannot be held liable as principals.

This provision should be construed with Article 19 as those who do not fall under the
latter falls under the former, and vice versa.
Why is it relevant?
This provision is relevant because those criminals who do not fall under the preceding
article fall under this provision.

ARTICLE 19: Accessories
The following are accessories:
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.
Requisites
➢ The accessory is a public officer
➢ He harbors, conceals, or assists in the escape of the principal
➢ The public officer acts with abuse of his public functions
➢ The crimes committed by the principal is any crime, provided it is not light felony
Under Paragraph 3, to establish private persons who harbor, conceal or assist in the
escape of the author of the crime as an accessory, the following requisites must be
present:
➢ That the accessory is a private person
➢ That he harbors, conceals or assists in the escape of the author of the crime
➢ That the crime committed by the principal is either: (a) treason, (b) parricide, (c)
murder, (d) an attempt against the life of the President, or (e) that the principal is known
to be habitually guilty of some other crime
This provision is applicable when the person has knowledge of the commission of the
crimes, but without having participated therein, took part after its commission by
profiting themselves or assisting the offender, by concealing or destroying the body, or
by harboring, concealing, or assisting in the escape of the principal provided that the
accessory acts with abuse of his public function.
This provision should be construed with the preceding article because those criminals
who do not fall under the former falls under the latter, and vice versa.
Why is it relevant?
This provision is relevant because criminals that do not fall under the two preceding
articles fall under this.
ARTICLE 20: Accessories who are exempt from criminal liability
This provision is applicable when the accessory is the principal’s spouse, ascendant,
descendant or legitimate, natural or adopted brother, sister or relative by affinity within
the same degree.

This provision should be construed with Article 19 because the former lays down the
exemptions of incurring criminal liability as an accessory.
Why is it relevant?
This provision is relevant because it seeks to preserve blood ties and cleanliness of
one’s name, that compelled one to conceal crimes committed by relatives.

ARTICLE 21: Penalties that may be imposed.
This article simply announces the policy of the State as regards punishing crimes. This
is why this article is general in its provisions and in effect prohibits the Government from
punishing any person for any felony with any penalty which has not been prescribed by
the law.
This provision is applicable when the accused is being tried for an act or omission and
is imposed with a penalty that’s not prescribed by law.

This provision should be construed with all the penal provisions of the Revised Penal
Code and special penal laws.
Why is it relevant?
This provision is relevant because it is a declaration that no person shall be punished
with a penalty that’s not prescribed by law.

ARTICLE 22: Retroactive effect of penal laws
This provision is applicable when the penal laws existing prior to the Revised Penal
Code in which the penalty was less severe than those of the Revised Penal Code and
to laws enacted subsequent to the Revised Penal Code in which the penalty is more
favorable or lenient to the accused.

This provision should be construed with all the penal provisions of the Revised Penal
Code and the special penal laws.
Why is it relevant?
This provision is relevant because it provides for the retroactive effect of penal laws that
are lenient to the accused.
ARTICLE 23: Effect of pardon by the offended party.
General Rule: A pardon by the offended party does not extinguish criminal action.
Even if the injured party already pardoned the offender, the fiscal can still prosecute the
offender, such pardon by the offended party is not even a ground for the dismissal of
the complaint or information.
Pardon under Article 344 must be made before instruction of criminal prosecution. Thus,
when the complaint for adultery concubinage or seduction, rape, acts of lasciviousness
or abduction has already been filed in court, a motion to dismiss based solely on the
pardon by the offended party, given after the filing of the complaint will be denied by the
court.

Even under Art. 344, the provision by the offended party does not extinguish criminal
liability is only a bar to criminal prosecution. Art. 89, providing for total extinction of
criminal liability, does not mention pardon by the offended party as one of the causes of
totally extinguishing criminal liability.
Why is it relevant?
A crime committed is an offense against the state. in criminal cases, the intervention of
the aggrieved parties is limited to being witnesses for the prosecution.
ARTICLE 24: Measures of prevention or safety which are not considered
penalties.
The following shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as well as their detention by
reason of insanity or imbecility or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Art. 80 and for the
purposes specified therein.
3. Suspension from the employment or public office during the trial or in order to
constitute proceeding.
4. Fines and other corrective measures which in the exercises of other administrative or
disciplinary powers, superior officials may be impose upon their subordinate.
5. Deprivation of rights and the reparations which the civil law may establish in penal
form.
When / Whom it is applicable?

Par. 1 of the Article refers to the accused persons who are detained by reason of
insanity or imbecility.
The fines mentioned in paragraph 4 are not imposed by the court, because when
imposed by the court, they constitute a penalty.
How is it construed vis a vis other provision?

The deprivation of rights established in penal form by the civil laws illustrated in the
case of parents who are deprived of their parental authority if found guilty of the crime of
corruption of their minor children, in accordance with Article 332 of the Civil Code.
Why is it relevant?
They are not penalties, because they are not imposed as a result of judicial
proceedings, those mentioned in paragraph 1, 3 and 4 are merely preventive measures
before conviction of offenders.
ARTICLE 25: Penalties which may be imposed
This article classifies penalties into;

1. Principal penalties
2. Accessory penalties
Classification of penalties according to subject matter;

1. Corporal (death)
2. Deprivation of freedom
3. Restriction of freedom (Destierro)
4. Deprivation of rights
5. Pecuniary (fines)
Classification of Penalties according to their gravity

1. Capital
2. Afflictive
3. Correctional
4. Light
The penalties which may be imposed according to this Code are those included in Art.
25 only. R.A. 9346 prohibited the imposition of death penalty.

The classification of penalties corresponds to the classification of felonies in Art. 9 into
Grave, Less Grave and Light.
When is it relevant?
This provision enumerated those penalties which may be imposed and their different
classes.
ARTICLE 26: Fine
A fine whether imposed as a single or as an alternative penalty shall be considered:
1. Afflictive penalty - if it exceeds 6000 pesos
2. Correctional penalty – if it does not exceed 6000 pesos but is not less than 200
pesos.
3. Light penalty - if it be less than 200 pesos.
Fines are imposed in many articles of this code as an alternative penalty an example of
fine as a single penalty is a fine of 200 php to 6000 php

Under the Article of this code, it is mainly focused about fines. Under Article 144,
Punishing disturbance of proceedings, the penalty is arresto mayor or a fine ranging
from 200 php to 1000 php.
Why is it relevant?
This article merely classifies fine and has nothing to do with the definition of light felony.
A felony punishable by arresto menor or a fine not exceeding 5200.00 is a light felony
(Art. 9 Par. 3) if the fine prescribed by the law for a felony is exactly 200 php, it is a light
felony because Art. 9, Par. 3 of this code defines light felony should prevail.
Chapter Three: Duration and Effect of Penalties
ARTICLE 27: Duration of Penalties
The penalties under this article are;
1. Reclusion Perpetua
2. Reclusion Temporal
3. Prision Mayor and Temporary Disqualification
4. Arresto Mayor
5. Arresto Menor
6. Bond to keep the Peace
When it is Applicable?
Duration of each of different penalties;
1. Reclusion Perpetua - 20 yrs. and 1 day to 40 yrs.
2. Reclusion temporal - 12 yrs. and 1 day to 20 yrs.
3. Prision Mayor and temporary disqualification - 6 years and 1 day to 12 yrs. except
when disqualification is accessory penalty, in which case its duration is that of the
principal penalty.
4. Prision Correccional, Suspension and Destierro - 6 month and 1 day to 6 years
except when suspension is an accessory penalty in which case its duration is that of the
principal penalty.
5. Arresto Mayor - I month and 1 day to 6 months.
6. Arresto Menor - 1 day to 30 days.
7. Bond to keep the peace - the period during which the bond shall be effective in
discretionary in the court.
Temporary disqualification and suspension when imposed as accessory penalties have

different durations. They follow the duration of the principal penalty. In par. 3 and 4
which say “except when the penalty is imposed as an accessory penalty”. In which case
its duration shall be that of the principal penalty.
Under Art, 21 no felony shall be punishable by any penalty not prescribed by law prior to
its commission, and bond to keep the peace is not specifically provided for by the code
for any felony. That penalty cannot be imposed by the court. Bond for good behavior
under Article 284 of the Code, which is required of a person making a grave or light
threat, is not required to be given in cases involving other crimes.
Why is it relevant?
This article explained the duration of each of different penalties and their effect.
ARTICLE 28: Computation of Penalties
Rules for the computation of penalties

1. When the offender is in prison – the duration of temporary penalties is from the day
on which the judgment of conviction becomes final.
2. When the offender is not in prison – the duration of penalty consisting in deprivation
of liberty is from the day that the offender is placed at the disposal of judicial authorities
for the enforcement of the penalty.
3. The duration of other penalties – the duration is from the day on which the offender
commences to serve his sentence.
If the offender is under the detention, as when he is undergoing preventive
imprisonment, Rule No. 1 applies. If not under detention, because the offender has
been released on bail, Rule No. 2 applies. When the offender is in or not in prison, Rule
No. 2 applies.
If the offender is undergoing preventive imprisonment, this computation of penalty is

not from the day that the offender is placed at the disposal of the judicial authorities for
the enforcement of the penalty. Rule No. 3 applies that is, the duration of the penalty
shall be computed from the day on which the defendant commences to serve his
sentence.
How is it construed vis a vis other provisions?

Under the said article,
* Reason for the rule (a) – because under Art 24, the arrest and temporary detention of
the accused is not considered a penalty.
* If in custody, the accused appealed, the service of the sentence should commence
from the date of the promulgation of the decision of the appellate court, not from the
date of the judgment of the trial court was promulgated.
* Service of one in prison begins only on the day the judgment of conviction becomes
final.
* In case of temporary penalties, if the offender is under detention, as when undergoing
preventive imprisonment, rule (a) applies.
* If not under detention (released on bail) rule (c) applies
* Offender under preventive imprisonment, rule (c) applies not rule (a)
* The offender is entitled to a deduction of full-time or 4/5 of the time of his detention.
Why is it relevant?
For the rule No. 1, the duration of temporary penalties shall be computed only from the
day the judgment of conviction becomes final, and not from the day of his detention,
because under Art. 24 the arrest and temporary detention of accused is not considered
a penalty.
ARTICLE 29: Period of preventive imprisonment deducted from term of
imprisonment.
Herein provided is that an accused undergoes preventive imprisonment when the crime
charged is non-bailable or even if bailable he cannot furnish the required bail.
This provision is applicable when the offenders who have undergone preventive
imprisonment shall be credited in the service of their sentence with the full time or four-
fifths during which they have undergone preventive imprisonment.
Exceptions;
1. Recidivists
2. Habitual Delinquents
3. Escapees
4. Persons charged with heinous crimes

This provision should be in relation to the deprivation of liberty.
Why is it relevant?
Article 29 is relevant as it is given in the service of sentences consisting of deprivation
of liberty. Thus, if the offense for which the offender is undergoing preventive
imprisonment is punishable by imprisonment or a fine, there is no credit to be given.
ARTICLE 30: Effects of the penalties of perpetual or temporary absolute
disqualification.
This provision is applicable when there is:
1. Deprivation of the public offices and employments which offender may have held,
even if conferred by popular election;
2. Deprivation of right to vote in any election for any popular elective office;
3. The disqualification for the offices or public employments and for the exercise of any
of the rights mentioned; and
4. The loss of all rights to retirement pay or other pension for any office formerly held.

This provision should be construed in articles with public offices as a subject.
Why is it relevant?
Article 30 is relevant as it is provided that in case of temporary disqualification, such
disqualification of the right to vote or to be elected to offices and public employment
shall last during the term of the sentence.

ARTICLE 31: Effects of the penalties of perpetual or temporary special
disqualification.
This article is applicable when the deprivation of the office, employment, profession or
calling affected and the disqualification for holding similar offices or employments either
perpetually or during the term of the sentence, according to the extent of such
disqualification.

This provision should be construed in accordance to the temporary special
disqualifications for public office, profession and calling.
Why is it relevant?
This is relevant in order to determine the effects of the penalties in the deprivation of the
offices, profession and calling.
ARTICLE 32: Effects of the penalties of perpetual or temporary special
disqualification for the exercise of the right of suffrage.
This provision is applicable when the offender are deprived during the term of the
sentence of the right to vote in any popular election for any popular office or to be
elected to such office and not be permitted to hold any public office during the period of
disqualifications.

This provision should be in relation on the right of suffrage.
Why is it relevant?
This provision is relevant because to preserve the purity of elections, one
rendered infamous by conviction of felony or other base offenses indicative of moral
turpitude is until to exercise such rights.
ARTICLE 33: Effects of the penalties of suspension from any public office,
profession or calling or the right of suffrage.
This is applicable when the offender disqualified from holding such office or exercising
such right of suffrage during the term of sentence and if suspended from the public
office, the offender cannot hold another office having similar functions during the period
of suspension.

This provision should be construed in public office, profession and the right of suffrage.
Why is it relevant?
This article is important in order to determine the effects of the penalties of
suspension.

ARTICLE 34: Civil Interdiction
This provision is applicable when the offender deprive on his rights of:
1. Parental authority;
2. Guardianship either as to the person or property of any ward;
3. Marital authority;
4. Right to manage his property; and
5. The right to dispose of such property by any act or any conveyance inter vivos.

This provision should be construed in accordance to the civil interdiction during
an offender's time of his sentence.
Why is it relevant?
Article 34 is relevant as it is provided that the offender sentenced to civil interdiction
may make a last will and testament and donation may also be made provided that it
shall take effect after death, because the prohibition to dispose property extends only to
inter vivos and not to mortis causa.
ARTICLE 35: Effects of bond to keep the peace.
It shall be the duty of any person sentenced to give bond to keep the peace, to present
two sufficient sureties who shall undertake that such person will not commit the offenses
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.
1. Bond to keep the peace for good behavior is imposed as penalty in threats. (Art. 284)
2. The Court shall determine, according to its discretion the period of duration of the
bond.
3. Bond to keep the peace is different from bail bond which is posted for the provisional
release of a person arrested for accused of a crime.
Why is it relevant?
To determine the:
A. The effect of Bond to keep the peace
It gives the person sentenced to give bond to keep the peace the duty to present two
sufficient sureties who:
1. Shall undertake that such person will not commit the offense sought to be prevented;
and
2. In case such offense be committed they will pay the amount determined by the court
in the judgement, or otherwise to deposit such amount in the office of the clerk of the
court to guarantee said undertaking.
B. Effect if the person sentenced fails to give the bond required by the court.
Should the person sentenced fails to give the bond as required , he shall be detained
for a period which:
1. Shall in no case exceed six (6) months, if he shall have been prosecuted for a grave
or less grave felony; and
2. Shall not exceed Thirty (30) days if for a light felony.
ARTICLE 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.
Limitations upon the exercise of the pardoning power:

1. That the power can be exercised only after conviction.
2. That such power does not extend to cases of impeachment.
Why is it relevant?
To determine the effects of pardon by the President to wit:
1. It shall not restore the right to hold public office or the right of suffrage except when
such rights were expressly restored by the terms of the pardon; and
2. It shall in no case exempt the culprit from the payment of the civil indemnity imposed
upon him by the sentence.
Exception: When absolute pardon is granted after the term of imprisonment has
expired. It removes all that is left of the consequences of conviction.
ARTICLE 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.
1. No costs shall be allowed against the Republic of the Philippines unless otherwise
provided by law.
2. Costs which are expenses of litigation are chargeable to the accused only in cases of
conviction. In cases of acquittal, the costs are de oficio, each party bearing his own
expenses.
3. The payment of costs is a matter that rests entirely upon the discretion of courts.
Why is it relevant?
To determine what are included in costs, to wit:
1. Fees; and
2. Indemnities, in the course of judicial proceedings.
ARTICLE 38: Pecuniary liabilities
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.
It is applicable “in case the property of the offender should not be sufficient for the
payment of all his pecuniary liabilities”. The order of payment is provided in this article.
Hence, if the offender has sufficient or no property, there is no use for Article 38.
Why is it relevant?
To determine the pecuniary liabilities of persons criminally liable, to wit:
1. The reparation of the damage caused;
2. Indemnification of the consequential damages;
3. Fine;
4. Cost of proceedings.

Fines and indemnities imposed upon either husband or wife may be enforced against
the partnership assets after the responsibilities enumerated in Article 161 of the Civil
Code has been covered, if the spouse who is bound should have no exclusive property
or if it should be insufficient, which presupposes that conjugal partnership is still
existing.

ARTICLE 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:
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.
A. Rules relative to subsidiary penalty.
Paragraph 1-5 of Article 39 constitutes the rules relative to subsidiary penalty.
B. Cases where there is no subsidiary penalties even if the offender cannot pay the
pecuniary liabilities.
1. When the penalty imposed is higher than Prision Correcional, such as Prision Mayor,
Reclusion Temporal and Reclusion Perpetua. In this case, there is no subsidiary
penalty.
2. For failure to pay the costs of the proceedings, the reparation of the damage caused
and indemnification of consequential damages.
3. When the penalty imposed is fine and a penalty not to be executed by confinement in
penal institution and which has no fixed duration.
4. When subsidiary imprisonment is not stated in the decision.
C. Subsidiary penalty is possible only when any of the following penalties is imposed.
1. Prision correcional;
2. Suspension and fine;
3. Destierro;
4. Arresto mayor;
5. Arresto menor; and
6. Fine only.
D. Subsidiary penalty is not an accessory penalty, hence, it must be expressly stated in

the decision.
Why is it relevant?
It is subsidiary personal liability to be suffered by the convict who has no property with
which to meet the fine, at the rate of one day for each amount equivalent to the highest
minimum wage rate prevailing in the Philippines at the time of the rendition of judgment
of conviction by the trial court, subject to the rules provided for in Article 39.

The provision on subsidiary imprisonment can be applied suppletorily to special laws
pursuant to Article 10. Thus, unless the special law provides that subsidiary
imprisonment, shall not be imposed, subsidiary imprisonment can be imposed for
violation of special laws.
ARTICLE 40: Death; its accessory penalties
The death penalty, when it is not executed by reason of commutation or 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.
There is no accessory penalty attached to death penalty. It is only when the death
penalty is not executed by reason of commutation or pardon that the accessory penalty
provided for in Article 40 shall be suffered by the convict.

The accessory penalties mentioned in Article 40 to 43 must be suffered by the offender,
although pardoned as to the principal penalties. To be relieved of the accessory
penalties, the same must be expressly remitted in the pardon.
ARTICLE 41: Reclusion perpertua and reclusion temporal.
Principal penalty imposed must be reclusion perpetua or reclusion temporal.
When the court imposed a penalty of reclusion perpetua or reclusion temporal, it comes
with it the accessory penalties of civil interdiction for life or during the sentence and
perpetual absolute disqualification, unless expressly remitted in the pardon.

Accessory penalties are deemed imposed if the offender is penalized with
penalties under Art. 25 of the RPC.
Why is it relevant?
Accessory penalties are imposed to prevent the offender from committing the same
offence in the future.
ARTICLE 42: Prision mayor: its accessory penalties
Principal penalty imposed must be prision mayor.
When the court imposed a penalty of prision mayor, it carries with it the accessory
penalties of temporary absolute disqualification and perpetual special disqualification
from suffrage, unless expressly remitted in the pardon.

Accessory penalties are deemed imposed if the offender is penalized with
penalties under Art. 25 of the RPC.
Why is it relevant?
ARTICLE 43: Prision correccional; its accessory penalties.
Principal penalty imposed must be prision correccional.
When the court imposed a penalty of prision correccional, it carries with it the accessory
penalties of suspension from public office, profession or calling, and perpetual special
disqualification from suffrage, unless expressly remitted in the pardon.

Accessory penalties are deemed imposed if the offender is penalized with penalties
under Art. 25 of the RPC.
Why is it relevant?
ARTICLE 44: Arresto; its accessory penalties

Principal penalty imposed must be arresto. It shall carry with it the suspension of the
right to hold office and the right of suffrage during the term of the sentence.
When the court imposed a penalty of arresto, it carries with it the accessory penalties of
suspension of the right to hold office and the right of suffrage during the term of the
sentence.

Accessory penalties are deemed imposed if the offender is penalized with penalties
under Art. 25 of the RPC.
Why is it relevant?
offense in the future.
ARTICLE 45: Confiscation and forfeiture of the proceeds or instruments of the
crime.

• There is criminal case filed.
• The case is tried.
• The accused is convicted.
When a penalty is imposed for the commission of a felony, it 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 are the property of a third person not liable for the
offense.
Why is it relevant?
Confiscation and forfeiture are imposed to prevent the offender from benefiting from his
or her criminal activity.
ARTICLE 46: Penalty to be imposed upon principals in general.

The penalty prescribed by law in general terms shall be imposed;
• Upon the principals.
• The felony is consummated.
Exception: when the law fixes a penalty for frustrated or attempted felony.
Whenever the penalty is upon the principals and the felony is consummated.
ARTICLE 47: In what cases the death penalty shall not be imposed; Automatic
review of death penalty cases.
Death Penalty is NOT IMPOSED in the following cases:

1. When the guilty person is below 18 years of age at the time of the commission of the
crime.
2. When the guilty person is more than 70 years of age.
3. 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.
Imposition of Death Penalty requisites:

1. Death penalty shall be imposed in all cases in which it must be imposed under
existing laws.
2. Majority vote of the Supreme Court is required for the imposition of the death penalty.
3. The trial court must require the prosecution to present evidence, despite plea of guilty
when the crime charged is punished with death.
4. The records of all cases imposing the penalty of death shall be forwarded by the
Court of Appeals to the Supreme Court for review.
Death penalty shall be imposed in all cases in which it must be imposed under existing
laws. Death penalty is imposed in the following crimes: treason, piracy, qualified piracy,
qualified bribery, parricide, murder, infanticide, kidnapping and serious illegal detention,
robbery with homicide, destructive arson, rape with homicide, plunder, certain violations
of Dangerous Drugs Act, and carnapping.

Since the death penalty’s imposition is now prohibited, there is a need to perfect
an appeal, if appeal is desired, from a judgment of conviction for an offense where the
penalty imposed is reclusion perpetua in lieu of the death penalty.
Why is it relevant?
Social defense and exemplarity justify the penalty of death. Imposition of death
penalty serves as a warning to others. The death penalty, as such, is not excessive,
unjust or cruel, within the meaning of that word in the Constitution. Punishments are
cruel when they involve torture or lingering death. Cruel punishment implies something
inhuman and barbarous, something more than the mere extinguishment of life.
ARTICLE 48: Penalty for complex crimes.
Two kinds of complex crimes:

1. When a single act constitutes two or more grave or less grave felonies.
2. When an offense is a necessary means for committing the other.

1. That at least two offenses are committed.
2. That one or some of the offenses must be necessary to commit the other.
3. That both or all the offenses must be punished under the same statute.
Art. 48 applies only to cases where the Code does not provide a definite specific penalty
for a complex crime.

Following the Doctrine of Pro Reo, crimes under Art. 48 of the RPC are complexed and
punished with a single penalty (that prescribed for the most serious crime and to be
imposed in its maximum period). The rationale being, that the accused who commits
two crimes with a single criminal impulse demonstrates lesser perversity than when the
crimes are committed by different acts and several criminal resolutions (People v.
Camadre, 431 SCRA 366). However, Art. 48 shall be applied only when it would bring
about the imposition of a penalty lesser than the penalties imposable for all the
component crimes if prosecuted separately.
Why is it relevant?
In directing that the penalty for the graver offense shall be imposed in its maximum
period, Art. 48 could have had no other purpose than to prescribe a penalty lower than
the aggregate of the penalties for each offense, if imposed separately. The reason for
this benevolent spirit of Art. 48 is readily discernible. When two or more crimes are the
result of a single act, the offender is deemed less perverse than when he commits said
crimes through separate and distinct acts. (People vs. Hernandez, 99 Phil. 515, 542-
543)
ARTICLE 49: Penalty to be imposed upon the principals ehen the crime
committed is different from that intended.
In cases in which the felony committed is different from that which the offender
intended, the following rules shall be observed:
1. If the penalty for the felony committed be higher than the penalty for the offense
which the accused intended to commit, the lower penalty shall be imposed in its
maximum period.
2. If the penalty for the felony committed be lower than the penalty for the offense which
the accused intended to commit, the lower penalty shall be imposed in its maximum
period.
3. If the act committed also constitute s an attempt or frustration of another crime, and
the law prescribes a higher penalty for either of the latter, the penalty for the attempted
or frustrated crime shall be imposed in its maximum period.
1. Art. 49 applies only when there is a mistake in the identity of the victim of the crime,
and the penalty for the crime committed is different from that for the crime intended to
be committed.
2. Art. 49 is applicable only when the intended crime and the crime actually committed
are punished with different penalties.

Art. 49 has reference to the provision of the 1st paragraph of Art. 4.
When the crime actually committed is different from that intended, as contemplated in
the first paragraph of Art. 4, the penalty to be imposed must be governed by the rules
provided in Art. 49, because the opening sentence of Art. 49 specifically mentions
"cases in which the felony committed is different from that which the offender intended
to commit." On the other hand, Art. 4 in its paragraph 1 provides that criminal liability
shall be incurred "by any person committing a felony (delito) although the wrongful act
done be different from that which he intended."
Art. 49 distinguished from Art. 48.
In Art. 49, the lesser penalty is to be imposed, to be applied in the maximum period
(Pars. 1 and 2); in Art. 48, the penalty for the more or most serious crime shall be
imposed, the same to be applied in its maximum period.
Rule No. 3 in Art. 49 is not necessary.

The rule in paragraph 3 of Art. 49 is not necessary because the cases contemplated in
that paragraph may well be covered by Art. 48, in view of the fact that the same act
committed by the guilty person, which gives rise to one crime, also constitute(s) an
attempt or a frustration of another crime.
ARTICLE 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.
Referring to the graduated scale of penalties, the penalty to be given in frustrated crime
is the next lower in degree.
Ex: A crime of frustrated rape is committed. Rape is usually punishable with reclusion
perpetua, but in the case of frustrated rape the next lower degree punishment will be
imposed which is Reclusion temporal.
ARTICLE 51: Penalty to be imposed upon principals of attempted crimes.
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.
This punishment say for example is to be imposed on attempted rape, then two (2)
degrees lower which prision mayor.
ARTICLE 52: Penalty to be imposed upon accomplices in consummated crime.

The penalty next lower in degree than that prescribed by law for the consummated shall
be imposed upon the accomplices in the commission of a consummated felony.
ARTICLE 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.
Under Articles 50-53

In Articles 50, 51, 52 and 53 of the Revised Penal Code, the basis for reduction of the
penalty by one or two degrees, is invariably the penalty prescribed by law for the
consummated crime, while under Articles 54 and 55, the basis for the reduction is the
penalty prescribed by law for the frustrated felony; and under Articles 56 and 57, the
basic penalty to be used for reduction by one or two degrees is that for the attempted
felony. From all of these, it will also be observed that in making any reduction by one or
two degrees, the basis used is that already prescribed, not as already reduced. It will
also be noticed that under Article 51, the penalty for an attempted crime is that for the
consummated felony, reduced by two degrees, not the penalty for the frustrated felony,
reduced by one degree. (De los Angeles vs. People, 103 Phil. 295, 298-299)
In the different stages of execution in the commission of the crime and in the
participation therein of the persons liable, the penalty is graduated by degree.
1. The stage reached by the crime in its development (either attempted, frustrated or
consummated).
2. The participations therein of the persons liable.
3. The aggravating or mitigating circumstances which attended the commission of the
crime.
Arts. 50 to 57 do not apply when the law expressly prescribes the penalty for a
frustrated or attempted felony or to be imposed upon accomplices or accessories.
ARTICLE 54: Penalty to imposed upon accomplices in a frustrated crime.
The penalty next lower in degree than prescribed by law for the frustrated felony shall
be imposed upon the accomplices in the commission of a frustrated felony.

The requisites to impose penalty next lower in degree than for the frustrated felony are:
a) The offender must be identified as an accomplices;
b) The crime committed is frustrated.
It is applicable when imposing a penalty upon accomplices in a frustrated crime.

Article 54 in relation to Article 71 provides the degree to be lower in imposing a penalty
upon accomplices of a frustrated crime but the graduated scale is in Article 71.
Why is it relevant?
It is relevant as it provides specific penalty for the accomplices in a frustrated crime,
which is the penalty next lower in degree than that prescribed by law for the frustrated
felony.
ARTICLE 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.

The requisites to impose penalty lower by two degree than the frustrated felony are:
a) The offender must be identified as an accessory;
b) The crime committed is frustrated.
It is applicable when imposing a penalty upon accessories in a frustrated crime.

upon accessories of a frustrated crime but the graduated scale is in Article 71.
Why is it relevant?
It is relevant as it provides specific penalty for the accessories in a frustrated crime,
which is the penalty lower by two degrees than that prescribed by law for the frustrated
felony.
ARTICLE 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.

The requisites to impose penalty next lower in degree than for the attempted felony are:
a) The offender must be identified as an accomplices;
b) The crime committed is attempted crime.
It is applicable when imposing a penalty upon accomplices in an attempted crime.

upon accomplices of a attempted crime but the graduated scale is in Article 71.
Why is it relevant?
It is relevant as it provides specific penalty for the accomplices in a attempted crime,
which is the penalty next lower in degree than that prescribed by law for the attempted
felony.
ARTICLE 57: Penalty to be imposed upon accessories of an attempted crime.
The penalty lower by two degrees than that prescribed by law for the attempted felony
shall be imposed upon the accessories to the attempt to commit a felony.

The requisites to impose penalty lower by two degrees than for the attempted felony
are:
a) The offender must be identified as an accessory;
b) The crime committed is attempted crime.
It is applicable when imposing a penalty upon accessories in an attempted crime.

upon accessories of an attempted crime but the graduated scale is in Article 71.
Why is it relevant?
It is relevant as it provides specific penalty for the accessories in an attempted crime,
which is the penalty lower by two degrees than that prescribed by law for the frustrated
felony.
ARTICLE 58: Additional penalty to be imposed upon certain accessories.

The requisites to qualify the accessories into an additional penalties are:
a) The Principal must be guilty of a grave felony, then accessories will have additional
penalty of Absolute perpetual disqualification;
b) The Principal must be guilty of less grave felony, then accessories will have
additional penalty of Absolute temporary disqualification.
This article is applicable only to public officers who abused their public functions.

The accessories referred to in Article 58 are only those falling within the term of
paragraph 3 of Article 19.
Why is it relevant?
It is relevant as it provides the additional penalty to be imposed upon those accessories
in the crime whose participation is characterized by the misuse of public office or
authority.
ARTICLE 59: Penalty to be imposed in case of failure to commit the crime
because the means employed or the aims sought are impossible.

The requisites that will be considered as basis for imposition of proper penalty of
impossible crime are:
a) Social degree; and
b) Degree of criminality shown by the offender.
This Article is applicable when imposing penalty for impossible crime limited to those
cases where the act would be grave felonies or less grave felonies.

Article 59 in relation to Article 4 provides the penalty to be imposed upon offender of an
impossible crime, which is an arresto mayor or a fine ranging 200 to 500 pesos.
Why is it relevant?
It is relevant as it specifies the penalty to be imposed for impossible crime.
ARTICLE 60: Exceptions to the rules established in Articles 50 to 57.
Two cases where the accomplice is punished in principal form:

1. Ascendants, guardians, curators, teachers and any person who, by abuse of authority
or confidential relationship, shall cooperate as accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of minors, white slave trade or abduction.
2. One who furnished the place for the perpetration of the crime of slight illegal
detention
Cases where penalty imposed on accessories are one degree lower instead of two
degrees:
1. Knowingly using counterfeited seal or forged signature or stamp of the President of
the Republic.
2. Illegal possession and use of false treasury or bank note.
3. Use of a falsified document.
4. Use of a falsified dispatch.

According to Article 46, the penalty prescribed by law in general terms shall be imposed
upon the principal in a consummated felony.
How is it relevant?
It is relevant in imposing heavier penalties to cases that has unnatural way of
committing the crime.
ARTICLE 61: Rules for graduating penalties.
The rules provided in this Article should also apply in determining the minimum of the
Indeterminate Sentence Law (ISL). It also applies in lowering the penalty by one or two
degrees by reason of the presence of the privileged mitigating circumstance, or when
the penalty is divisible and there are two or more mitigating circumstances and there are
no aggravating circumstances.
GRADUATED SCALE IN ART. 71

Indivisible Penalties:
1. Death
2. Reclusion Perpetua
Divisible Penalties: (maximum, medium, minimum)

1. Reclusion Temporal
2. Prision Correcional
3. Arresto Mayor
4. Destierro
5. Arresto Menor
6. Public Censure
7. Fine
RULES TO BE OBSERVED IN LOWERING THE PENALTY BY ONE OR TWO

DEGREES (5)
Rule No. 1:
When the penalty is single and indivisible (ex. RP), the penalty next lower shall be
reclusion temporal.
Rule No. 2:
1. When the penalty is composed of two indivisible penalties; or
2. When the penalty is composed 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.
Rule No. 3:
When the penalty is composed of 1 or 2 indivisible penalties and the maximum period of
a divisible penalty.
Rules 4 and 5:
1. If the penalty prescribed in the Code consists of three periods corresponding to
different divisible penalties, the penalty next lower is that consisting in the three periods
down the scale
2. If the penalty prescribed in the Code consists of two periods, the penalty next lower is
that consisting in two periods down the scale
3. If the penalty prescribed in the Code consists in only one period, the penalty next
lower is the next period down in the scale

Mitigating circumstances and aggravating circumstances are first disregarded in the
application of the rules for graduating penalties. It is only after the penalty next lower in
degree is already determined that the mitigating and aggravating circumstances should
be considered.

ARTICLE 62: Effects of the attendance of mitigating or aggravating
circumstances and of habitual delinquency.
Par. 1: Aggravating circumstances are not to be taken into account when:

1. They themselves constitute a crime.
2. They are included by law in the definition of a crime.
Par. 2: Same rules apply when the aggravating circumstance is inherent in the crime.
Par. 3: Aggravating or mitigating circumstances arising from any of the following affect
only those to whom such circumstances are attendant:
1. From the moral attributes of the offender;
2. From his private relations with the offended party; and
3. From any other personal cause.
Par. 4: The circumstances which consist of the following shall serve to aggravate and
mitigate the liability only of those who had knowledge of them at the time of the
commission of the offense.
1. Material execution of the act.
2. Means employed to accomplish the crime.
Par. 5: Habitual Delinquent is a person who within the period of 10 years from the date
of his (last) release or last conviction of the crimes of:
1. Falsification
2. Robbery
3. Estafa
4. Theft
5. Serious or less serious physical injuries
Requisites of Habitual Delinquency

1. That the offender had been convicted of any of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or falsification.
2. That after conviction or after serving his sentence, he again committed, and, within 10
years from his last release of first conviction, he was again convicted of any of the said
crimes for the second time.
3. That after his conviction of, or after serving sentence for the second offense, he again
committed, and, within 10 years from his last release or last conviction, he was again
convicted of any of said offenses, the third time or oftener.
Additional penalty for Habitual Delinquency

1. 3rd Conviction – shall be sentenced to the penalty for the last crime and to the
additional penalty of prision correccional in its medium and maximum periods.
2. 4th Conviction – shall also be sentenced to the additional penalty of prision mayor in
its minimum and medium periods.
3. 5th or additional Conviction – shall also be sentenced to the additional penalty of
prision mayor in its minimum period to reclusion temporal.
For a habitual delinquent case, the information must alleged:

1. The dates of the commission of the previous crimes;
2. The dates of the last conviction or release; and
3. The dates of the other previous convictions or releases.
Rulings on Habitual Delinquency

1. The law on habitual delinquency does not contemplate the exclusion from the
computation of prior conviction those falling outside the 10-year period immediately
preceding the crime for which the defendant is being tried.
2. Ten-year period is counted not from the date of commission of the subsequent
offense but from the date of conviction thereof in relation to the date of his last release
or last conviction.
3. When an offender has committed several crimes mentioned in the definition of
habitual delinquent, without being first convicted of any of them before committing the
others, he is not a habitual delinquent.
4. Convictions on the same day or at about the same time are considered as one only
(days, weeks..).
5. Crimes committed on the same date, although convictions on different dates are
considered as one.
6. Previous convictions are considered every time a new offense is committed.
7. Commissions of those crimes need not be consummated.
8. Habitual delinquency applies to accomplice and accessories.
9. A crime committed during the minority of the offender is not counted because
proceedings as regards that crime are suspended.
10. Imposition of additional penalty is mandatory and constitutional.
11. Modifying circumstances are applicable to additional penalty.
12. Habitual delinquency is not a crime. It is simply a fact or circumstance which if
present gives rise to the imposition of additional penalty.
13. Penalty for habitual delinquency is a real penalty that determines jurisdiction.
14. A habitual delinquent is necessarily a recidivist.
15. In imposing the additional penalty, recidivism is not aggravating. The additional
penalty must be imposed in its minimum.
16. An offender can be a habitual delinquent without being a recidivist, when no two of
the crimes committed are embraced in the same title of the Code.
ARTICLE 63: Rules for the application of indivisible penalties.
The following rules shall be observed in the application thereof:
1. Penalty is single and indivisible applied regardless of the presence of

aggravating and mitigating circumstances.
2. Penalty composed of two indivisible penalties

a. One aggravating circumstance present higher penalty
b. One mitigating circumstance present lower penalty
c. Some mitigating circumstances present and no aggravating lower penalty
d. Mitigating and Aggravating Circumstances are present basis in number and
importance
GENERAL RULE:
When the penalty is composed of 2 indivisible penalties, the penalty cannot be lowered
by one degree, no matter how many mitigating circumstances are present.
EXCEPTION:
In cases of privileged mitigating circumstances
ARTICLE 64: Rules For The Application Of Divisible Penalties which Contain
Three Periods
The courts shall observe the following in deciding cases where there are or are no
mitigating or aggravating circumstances:
1. No aggravating and no mitigating circumstances medium period.

2. One mitigating circumstance minimum period.
3. One aggravating circumstance maximum period.
4. According to their relative weight.
5. 2 or more mitigating without any aggravating circumstance one degree lower.
6. Whatever may be the number and nature of aggravating circumstances
7. The courts shall determine the extent of the penalty according to the number and
nature of the aggravating and mitigating circumstances and the greater or lesser extent.
NOTES:
1. Art. 64 applies when the penalty has 3 periods because they are divisible. If the
penalty is composed of 3 different penalties, each forms a period according to Art. 77.
2. Par. 4: The mitigating circumstances must be ordinary, not privileged. The
aggravating circumstances must be generic or specific, not qualifying or inherent.
Cases where the attending aggravating or mitigating circumstances are not considered
in the imposition of penalties:
1. Penalty that is single and indivisible.
2. Felonies through negligence.
3. Where the penalty is only a fine imposed by an ordinance (subject to discretion of
court).
4. Penalty is prescribed by a special law.
5. Penalty is to be imposed upon a Moro or other non-court, irrespective of the attending
circumstances.

ARTICLE 65: Rule in cases in which the penalty is not composed of three periods.
GENERAL RULE:
The courts shall apply the rules contained in the foregoing articles, dividing into three
equal portions the time included in the penalty prescribed, and forming one period of
each of the three portions.
Illustration:
Prision Mayor (6 years and 1 day to 12 years)
Step 1:
Subtract the minimum (disregarding the 1 day) from the maximum, thus:
12 years - 6 years = 6 years.
Step 2:
Divide the difference by 3, thus:
6 years / 3 = 2 years.
Step 3:
Use the minimum of 6 years and 1 day of prision mayor as the minimum of the minimum
period. Then add 2 years to the minimum (disregarding the 1 day) to get the maximum
of the minimum period. Thus -- we have 8 years as the maximum of the minimum
period. The range of the minimum period is, therefore, 6 years and 1 day to 8 years.
Step 4:
Use the maximum of the minimum period as the minimum of the medium period, and
add 1 day to distinguish it from the maximum of the minimum period; we have 8 years
and 1 day. Then add 2 years to the minimum of the medium period (disregarding the 1
day) to get the maximum of the medium period. The range of the medium period is,
therefore, 8 years and 1 day to 10 years.
Step 5:
Use the maximum of the medium period as the minimum of the maximum period, and
add 1 day to distinguish it from the maximum of the medium period; we have -- 10 years
and 1 day. Then add 2 years to the minimum of the maximum period (disregarding the 1
day) to get the maximum of the maximum period. Hence, the range of the maximum
period is: 10 years and 1 day to 12 years.

ARTICLE 66: Imposition of Fines
Outline of this provision:
1. The court can fix any amount of the fine within the limits established by law.
2. The court must consider----
a. The mitigating and aggravating circumstances; and
b. More particularly, the wealth or means of the culprit.
Art. 66 shall apply in so far as ordinary mitigating or aggravating circumstance would
affect the penalty which is in the form of fine.

Art. 66 is construed in accordance with Art. 26 in terms of determining whether a fine is
afflictive, correctional, or light penalty.
Why is it relevant?
Under this article, it is discretionary upon the court to apply the fine taking into
consideration, not only the mitigating or aggravating circumstance, but also the financial
means of the culprit to pay the same. In other words, the penalty upon an accused who
is poor may be less than the penalty upon an accused committing the same crime but
who is wealthy. This is so, because “to impose the same amount of a fine for the same
offense upon two persons thus differently circumstanced would be to mete out to them a
penalty of unequal severity; hence, unjustly discriminatory”. (People v. Ching Kuan).
ARTICLE 67: Penalty to be imposed when not all the requisites of exemption of
the fourth circumstance of Article 12 are present.
Circumstance No. 4 of Article 12 refers to the exempting circumstance of accident.
Art. 67 applies only when all the requisites of the exempting circumstance of accident
are not present.

In applying Art. 67, Circumstance No. 4 of art. 12 must first be visited. Circumstance No.
4 of art. 12 refers to the exempting circumstance of accident.
If all the conditions in Circumstance No. 4 of Art. 12 are not present, the act should be
considered as reckless imprudence if the act is executed without taking those
precautions or measures which the most common prudence would require; and simple
imprudence, if it is a mere lack of precaution in those cases where either the threatened
harm is not imminent or the danger is not openly visible. The case will fall under Art.
365, par. 1 because the penalty provided in Art. 67 is the same as that in Art. 365.
Why is it relevant?
Art. 67 is relevant in determining the proper penalty to be imposed in cases with
incomplete circumstances of accident.

ARTICLE 68: Penalty to be imposed upon a person under eighteen years of age.

1. The offender is a minor
a. A person under fifteen but over nine years of age; and
b. A person over fifteen and under eighteen years of age.
2. The case is one coming under the provisions of the paragraph next to the last of Art.
80.
Art. 68 is applicable when the offender is a minor and his case is one coming under the
provisions of the paragraph next to the last of Art. 80.

Art. 68 should be construed in accordance with the provision Art. 80, Par. 7. However,
Art. 68 which prescribes the penalty to be imposed upon a person under 18 years of
age has been partly repealed by Republic Act No. 9344, which provides that (1) a child
fifteen years and under is exempt from criminal responsibility, and (2) a child above 15
but below 18 years of age is exempt from criminal liability unless he/she has acted with
discernment (Sec. 6, RA 9344).
Why is it relevant?
Art. 68 is relevant because it provides for the rules to be followed and penalties to be
prescribed when the felon is a minor.
ARTICLE 69: Penalty to be imposed when the crime committed is not wholly
excusable.
A penalty lower by one or two degrees than that prescribed by law shall be imposed if
the deed is not wholly excusable by reason of the lack of some of the conditions
required to:
1. Justify criminal act, provided that majority of the conditions mentioned Art. 11 are
present; and
2. Exempt from criminal liability, provided that majority of the conditions in Art. 12 are
present.
Art. 69 is applicable when the wrongful act is not wholly excusable; i.e., incomplete
justifying, or exempting circumstance.

The privileged mitigating circumstances contemplated in Art. 69 include the incomplete
justifying and incomplete exempting circumstances mentioned in Articles 11 and 12,
provided the majority of their conditions is present.
NOTE:
The first circumstance in self-defense, etc. (Subsections 1, 2 and 3 of Art. 11), which is
unlawful aggression must be present.
Why is it relevant?
Art. 69 is relevant because it provides for the penalty to be imposed on crimes that are
not wholly excusable.
ARTICLE 70: Successive Service of Sentences

Art. 70 provides the respective severity of penalties as follows:
a. Death
b. Reclusion perpetua
c. Reclusion temporal
d. Prision mayor
e. Prision correccional
f. Arresto mayor
g. Arresto menor
h. Destierro
i. Perpetual absolute disqualification
j. Temporary absolute disqualification
k. Suspension from public office, the right to vote and be voted for, the right to follow
profession or calling
l. Public censure
The penalties which can be simultaneously served are:

i. Perpetual absolute disqualification
ii. Perpetual special disqualification
iii. Temporary absolute disqualification
iv. Temporary special disqualification
v. Suspension
vi. Destierro
vii. Public censure
viii. Fine and bond to keep the peace
ix. Civil interdiction
x. Confiscation and payment of costs
The above penalties, except Destierro, can be served simultaneously with

imprisonment.
Art. 70 is applicable when the culprit has to serve two or more penalties.

This provision should be construed in accordance with the penalties prescribed by law.
However, in applying Art. 70, the three-fold rule must be taken into consideration.
Under the three-fold rule, when a convict is to serve four or more successive penalties,
he will not actually serve the penalties imposed by law. Instead, the most severe of the
penalties imposed on him shall be multiplied by three and the period will be the only
term of the penalty to be served by him. However, in no case should the penalties
exceed forty years. This rule is intended for the benefit of the convict.
Why is it relevant?
This provision is relevant because it lays down the order of respective severity of
penalties. Such order must be followed so that they may be executed successively.
However, it must be stressed that penalties consisting in deprivation of liberty cannot be
served simultaneously by reason of the nature of such penalties.
ARTICLE 71: Graduated Scales

Art. 71 provides the following graduated scales:
A. Scale 1
a. Death
b. Reclusion perpetua
c. Reclusion Temporal
d. Prision Mayor
e. Prision Correccional
f. Arresto mayor
g. Destierro
h. Arresto menor
i. Public censure
j. Fine
B. Scale 2
a. Perpetual or temporary absolute disqualification
b. Suspension from public office, the right to vote and be voted for, profession or calling
c. Public censure
d. Fine
Art. 71 is applicable in the cases in which the law prescribes a penalty lower or higher
by one or more degrees than another given penalty.

Art. 71 should be observed in accordance with the rules prescribed in Art. 61.
It should, however, be noted that RA 9346 unequivocally bars the application of the
death penalty, as well as expressly repeals all such statutory provisions requiring the
application of death penalty, such effect necessarily extends to its relevance to the
graduated scale of penalties under Art. 71.
Why is it relevant?
This provision is relevant because it lays down the graduated scales that should be
followed by the court when applying such lower or higher penalty.
ARTICLE 72: Preference in the payment of the civil liabilities.

The article states the civil liabilities of a person found guilty of two or more offenses
shall be satisfied by following the chronological order of the states of the final judgments
rendered against the offender.
This article applies when the offender who is found guilty of two or more offenses is
required to pay the civil liabilities resulting from different offenses.

The order of payments of the civil liabilities is based on the dates of final
judgments and not based on the dates of the commission of the offense.
Why is it relevant?
In order to give justice, civil liability is satisfied by following the
chronological order of the dates of the final judgements.
ARTICLE 73: Presumption in regard to the imposition of accessory penalties.

The requirements under this article highlights the presumption in regard to the
imposition of accessory penalties.
Whenever the courts shall impose a penalty which by provision of law carries with it
other penalties, according to the provisions of Article 40 that speaks about death:
1. Article 41 of reclusion perpetua and reclusion temporal – their accessory
penalties.
2. Article 42 of prision mayor, its accessory penalties; Article 43 of prision
correccional, its accessory penalties.
3. Article 44 of arresto, its accessory penalties.
4. Article 45 of confiscation and forfeiture of the proceeds instrument of the crime. It
must be understood that the accessory penalties are also imposed upon the
convict.
The accessory penalties provided for in article 40-45 are deemed imposed by the courts
without the necessity of making an express pronouncement of their mission.

According to the case of People v. Perez, accessory penalties are never presumed to
be imposed. This is because under Article 90 of the old Penal Code, the accessory
penalties are to be imposed expressly.
Why is it relevant?
It must be understood that the accessory penalties are also imposed upon the convict.
ARTICLE 74: Penalty higher than reclusion perpetua in certain cases.
When a given penalty has to be raised by one or two degrees and the resulting penalty
is death according to the scale but it is not specifically provided by law as a penalty the
latter cannot imposed. The given penalty and the accessories penalty of death when not
executed by reason of commutation of pardon (Art. 40) shall be imposed.
Judgement should provide that the convict should not be given the benefit
of Article 27 (that he should be pardoned after undergoing the penalty for 30 years) until
40 years have elapsed; otherwise, there should be no difference at in between
reclusion perpetua when imposed as the penalty next higher in degree and when it is
imposed as the penalty fixed by law. In this opinion, the given penalty is reclusion
perpetua.

In cases in which the law prescribes a penalty higher than another given penalty,
the same penalty and the accessory penalties of Article 40 shall be considered as the
next higher penalty.
Why is it relevant?
The penalty higher than reclusion perpetua cannot be death; must be specifically
imposed by law as a penalty for a given crime.
ARTICLE 75: Increasing or reducing the penalty of fine by one or more degrees.

1. Whenever it may be necessary to increase or reduce the penalty of fine by one or
more degrees:
a. It shall be increased or reduced respectively of each degree,
b. By one-fourth of the maximum amount prescribed by law, without however,
changing the minimum.
2. The same rules shall be observed with regard to fines that do not consist of a fixed
amount, but are made proportional.
There are cases where it becomes necessary to reduce the fines, because the penalty
has to be lowered by one or two degrees. In determining the amount of the reduced
fine, a distinction should be made between cases where the minimum of the fine is fixed
by law and those where the minimum is not fixed by law.
When only the maximum of the fines is fixed, the determination of the amount to be
imposed is left to the sound discretion of the court, without exceeding the maximum
authorized by law.

It must be construed by merely knowing the distinctions between fine with a minimum
and fine without a minimum, in which as follows:
1. In both, the law fixes the maximum of the fine;
2. When the law fixes the minimum of the fine, the court cannot change that
minimum; whereas, when the law does not state the minimum of the fine but only the
maximum, the court can impose any amount not exceeding such maximum.
3. When the law fixes both the minimum and the maximum, the court can impose
an amount higher than the maximum; whereas when only the maximum is fixed, it
cannot impose an amount higher than the maximum.
Why is it relevant?
In order to give justice, the court gives – fines are graduated into degrees for the
imposition of the proper amount of the fine on accomplices and accessories or on the
principals in frustrated or attempted felonies.

ARTICLE 76: Legal period of duration of divisible penalties.
The legal period of duration of divisible penalties shall be considered as divided into
three parts, forming three periods, which as follows:
a. The minimum
b. The medium
c. The maximum
When the penalty is divided into three periods.

This is to be applied after referring to Article 64, where a penalties contain three
periods, or one single divisible penalty, and to Article 65, where even if the penalty isn't
composed of three periods, they are divided into three equal portions.
Why is it relevant?
This is to give the three periods of a divisible penalty equal or uniform duration.
ARTICLE 77: When the penalty is a complex one composed of three distinct
penalties.
A complex penalty is one composed of three distinct penalties, each forming a period;
the lightest of them shall be the minimum, the next is the medium and the most severe
the maximum, having no distinct period.
When the law prescribed a complex penalty.

When the law prescribes a penalty composed of three distinct penalties, each
one shall form a period.
Why is it relevant?
This is to establish the periods of the penalties prescribed.
ARTICLE 78: When and how a penalty is to be executed.

There is a final judgement before the penalty can be executed.
When the judgement is final.

Article 78 should be referred to Article 25, and the proceeding articles under penalties.
This is to establish the penalties to be imposed and their duration.
Why is it relevant?
Its relevance is the determination of when the penalties imposed will begin. Only those
expressly prescribed are to be imposed. This article is also for the separation of the
sexes in different institutions or departments.
ARTICLE 79: Suspension of the execution and service of the penalties in case of
sanity.
Rules regarding execution and service of penalties in case of insanity:
1. When a convict becomes insane or imbecile after final sentence has been
pronounced, the execution of said sentence is suspended only as regards the
personal penalty.
2. If he recovers his reason, his sentence shall be executed unless the penalty has
prescribed.
3. Even if while serving his sentence, the convict becomes insane or imbecile, the
above provisions shall be observed.
4. But the payment of his civil or pecuniary liabilities shall not be suspended.
It is applicable after the pronunciation of the final sentence or during the sentence being
served, whenever the insanity or imbecility surfaced.

This is a general provision, as long as the insanity and imbecility is became present
after the final judgement.
Why is it relevant?
This is to not subject someone to punishment when the soundness of his mind is absent
or lacking.
ARTICLE 80 : Suspension of Sentence of Minor Delinquents

 Repealed by Chapter 3 of P.D. No. 603
1. The violator of the crime is a minor; and
2. Under 16 years of age.
When the offender is a minor, instead of conviction, this article shall be applied.

This is in relation with Article 12 paragraph 3, where the minor committed the crime with
discernment.
Why is it relevant?
This is for the reformation of the minor. The minor is to be committed with proper
authorities and with guidance to reflect and reinvent himself.
ARTICLE 81: When and how the death penalty is to be executed.
Death sentence is executed by lethal injection, under RA. #8177.

This is applicable where the penalty prescribed is death.

This is in accordance with Article 70 where death penalty is number one in order of the
severity of the penalties listed.
Why is it relevant?
This is to provide the procedures and related to it in terms of executing death penalty.
ARTICLE 82: Notification and execution of the sentence and assistance to the
culprit.
A convict sentenced to death may make a will. Such convict shall have the right to
consult a lawyer and to make a will for the disposition of his property.
This is applicable when there is death penalty prescribed, and the day of execution has
been decided.

This is to be appreciated where death penalty is present and to be executed.
Why is it relevant?
This is relevant because it provides is the rights of the convicted on his last day of living.
ARTICLE 83: Suspension of the execution of the death sentence.
This is applicable when the accused is a---

1) Woman, while pregnant;
2) Woman, within one year after delivery;
3) A person over 70 years of age.

This is to be referred with those crimes where death penalty is imposed.
Like treason, rape with homicide, murder, infanticide, etc....
Why is it relevant?
This is relevant because this provision provides on whom the suspension of death
penalty is inflicted on.
ARTICLE 84; Place of execution and persons who may witness the same.
This provision is applicable when the execution of death sentence takes place.
Why is it relevant?
This provision is relevant because the witnesses will hear the condemned offender’s
last words and watch the latter’s last breaths.
ARTICLE 85: Provisions relative to the corpse of the person executed and its
burial.
This provision is applicable relative to the corpse of the person executed and its burial.
Why is it relevant?
It is relevant because the law prevents anyone from making a hero out of a criminal.
ARTICLE 86: Reclusion perpetua, reclusion temporal, prision mayor, prision

correccional and arresto mayor.
It is applicable when the penalties are either reclusion perpetua, reclusion temporal,
prision mayor, prision correccional, or arresto mayor.
Why is it relevant?
This provision is relevant because it protects the society against crime and it
rehabilitates the offenders to be law-abiding citizens.
ARTICLE 87: Destierro
Whom or when is it applicable?

Destierro is imposed:
1. When death or serious physical injuries is caused or are inflicted under exceptional
circumstances. (Article 247)
2. When a person fails to give bond for good behavior. (Article 284)
3. As a penalty for the concubine in the crime of concubinage. (Article 334)
4. When after lowering the penalty by degrees, destierro is the proper penalty.
Why is it relevant?
This is relevant as a penalty to remove the accused from vicinity, and protect him or her
from acts of reprisal principally by relatives of the victim.
ARTICLE 88: Arresto menor.
It is applicable when the accused was sentenced with arresto menor.
Why is it relevant?
It is relevant because when the offender requires outside treatment or any other
reasons satisfactory to the court, he was allowed to serve his sentence in his house.
ARTICLE 89: How criminal liability is totally extinguished.

Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties; and as to pecuniary
penalties, liability is therefore extinguished only when the death of the offender occurs
before final judgment;
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.
It is applicable when the criminal liability of the accused is totally extinguished. Total
extinction means that the entire penalty is extinguished, and there is no more criminal
liability.

ARTICLE 90: Prescription of Crimes.

1. Crimes punishable by death;
2. Crimes punishable by other affirmative penalties;
3. Those punishable by correctional penalty;
4. The crime of libel or other similar offense;
5. The offenses of oral defamation;
6. Light offenses; and
7. When the penalty fix by law is compound one.
Prescription shall begin to run from the day of the commission of violation of the law,
and if the same be not known at the time, from the discovery thereof and the institution
of judicial proceedings for its investigation and punishment. Prescription shall be
interrupted when proceedings are instituted against the guilty person, and shall begin to
the run again if the proceedings are dismissed for reasons not constituting jeopardy.

It is construed vis-à-vis to Art. 25 (Penalties which may be imposed), Art. 27 (Duration
of penalties), Art. 28 (Computation of penalties), Art. 29 (Period of preventive
imprisonment), and other Articles in R.P.C. that talks about penalties and its
prescription.
Why it is relevant?
It is relevant since it gives prescription to the crime punishable by death, by afflictive
penalties, by correctional penalty, libel or other similar offense, oral defamation, light
offenses, and those penalty fix by law.

ARTICLE 91: Computation of prescription of offenses.

1. The period of the prescription commences to run from the day on which the crime is
discovered by the offended party the authorities or their agents.
2. It is interrupted by the filing of complaint or information
3. It commences to run again when such proceedings terminate without the accused
being convicted or acquitted or are unjustifiably stopped for any reason not imputable to
him.
4. The term of prescription shall not run when the offender is absent from the
Philippines
It is applicable if:
1. The period of the prescription commences to run from the date of commission of
crime if it is known at the time of its commission;
2. From the date of commission or from the date of its discovery; or
3. If it is discovery of crime, not discovery of offender.
How it is construed vis-a-vis other provisions?

It is construed vis-à-vis Article 28 (which is computation of penalties) since Article 91 is
also a provision of R.P.C. that elaborates the computation of prescription of offenses
which it has relations to Article 28.
Why it is relevant?
It is relevant because this Article give guidance on how to compute prescription of
offenses.
ARTICLE 92: When and how penalties prescribe.

The following are penalties imposed by final sentence:
1. Death and reclusion perpetua;
2. Other afflictive penalties;
3. Correctional penalties, and
4. Light penalties.
It is applicable when the penalties must be imposed by final sentence.

Article 92 is construed vis-à-vis Article 28, 91 and 93 because they emphasize
when and how penalties prescribe in relation to Article 92.
Why it is relevant?
It is relevant because if this Article is eliminated in the code, we cannot determine
when and how penalties prescribe.

ARTICLE 93: Computation of the prescription of penalties.

Outline of the provision:
1. The period of prescription of penalties commences to run from the date when the
culprit evaded the service of his sentence.
2. It is interrupted if the convict---
1. Gives himself up;
2. Be captured;
3. Goes to a foreign country with which we have no extradition of
prescription; and
4. Commits another crime before the expiration of prescription.

The elements:
1. That the penalty is imposed by final sentence,
2. That the convict evaded the service of the sentence by escaping during the term,
3. That the convict who escaped from prison has not given himself up, or been
captured, or gone to a foreign country with which we have no extradition treaty, or
committed another crime,
4. That the penalty has prescribed, because of the lapse of time from the date of the
evasion of the service of the sentence by the convict.
According to Article 93, the period of prescription of penalties commences to run from
the date when the culprit should evade the service of his sentence. The prescription of
penalties found in Article 93 of the R.P.C. applies only to those who are convicted by
final judgement and are serving sentence which consists in deprivation of liberty.

Article 93 is related to Article 28 (computation of penalties) and Article 91 (computation
of prescription of offense) and Article 92 (when and how penalties prescribe) because
the provisions explain how the penalties work, how the prescription operates, and when
it will start.
Why it is relevant?
It is relevant since it explains the computation of prescription of penalties.

ARTICLE 94: Partial extinction of criminal liability.

Criminal liability is extinguished partially:
1. By conditional pardon
2. By commutation of sentence
3. For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence.
It is applicable when the president exercises his power to pardon the convict with
condition, when the convict sentenced to death is over 70 years of age, when eight
justices of the Supreme Court fail to reach a decision for the affirmance of the death
penalty, or when Allowances for good conduct are deductions from the term of the
sentence for good behavior.

The paragraph 1 of this Article is construed with Article 36 (Pardon, its effects)
since paragraph 1 of this Article refers to extinction of criminal liability by conditional
pardon and Article 36 explains the process of pardoning. It is also construed vis-à-vis
Article 95 to 97 of the succeeding article of Article 94 because these Articles elaborated
what is in paragraph 3 of this Article.
Why is it relevant?
It is relevant because it gives more details how criminal liability partially
extinguished.

ARTICLE 95: Obligation incurred by a person granted conditional pardon.

Outline of the provisions:
1. He must comply strictly with the conditions imposed in the pardon.
2. Failure to comply with the conditions shall result in the revocation of the pardon.
3. He becomes liable under Article 159.
It is applicable when the present give conditional pardon to the convict.

It is construed vis-à-vis Article 36 (which is pardon; its effects) since these two Articles
explains the process of the pardon.
Why it is relevant?
It is relevant because it illustrates the conditions to pardon a convict.

ARTICLE 96: Effect of commutation of sentence.

1. There must be an original sentence.
2. There must be of another different length of sentence that shall have the legal
effect of substituting the place of the original sentence.
3. new sentence imposed shall be in lieu of the original sentence.
It is applicable when there is a former sentence imposed that shall be commuted to a
different one.

This article shall be applied in accordance with the Doctrine of Lenity Rule in which the
accused shall be given leniency.
Why is it relevant?
It is important to know the commutation of such sentence in order to give a sentence
which is lenient to an accused person.
ARTICLE 97: Allowance for good conduct.

Any person shall be entitled to this following deductions:
1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;
2. 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;
3. 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;
4. 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
5. 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. (As amended by R.A. 10592)
Good Conduct Allowance is awarded to the offender if he has been behaving properly in
prison. The Director of Prisons shall compute the good conduct allowance in favor of the
offender so that he will be immediately released.

The good conduct of any offender qualified for credit for preventive imprisonment
pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution,
rehabilitation or detention center or any other local jail shall entitle him to the following
deductions from the period of his sentence
Why is it relevant?
The allowance for good conduct is important for the sole reason that the offender
has the right to be given an award for his proper behavior in during his/her time in the
prison.

ARTICLE 98: Special time allowance for loyalty.

1. Any prisoner who, having evaded his preventive imprisonment or the service of
his sentence under the circumstances mentioned in Article 158 of this Code.
2. Gives himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe referred to in
said article.
It is to be noted that this article should be applied to any prisoner whether undergoing
preventive imprisonment or serving sentence (RPC, Art. 98, as amended by R.A. No.
10592).

In accordance with Article 158 of this Code, a deduction of two-fifths (2/5) of the period
of his sentence shall be granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or catastrophe.
Why is it relevant?
The relevance of this article is that it gives a prisoner the idea of behaving in the prison
for the reason of the deduction of his sentence.

ARTICLE 99: Who grants time allowance.

1. There must be time allowance for good conduct to be given to such prisoner.
2. That such allowance once granted shall not be revoked.
It is applicable when a prisoner is given a time allowance for good conduct

A convict’s release from prison before he serves the full term of his sentence is either
due to good conduct allowance, as provided under Act 1533 and Article 97 of the RPC,
or through the approval of the convict’s application for parole. In addition, a convict may
be released from prison in cases where he is granted pardon by the President pursuant
to Section 19, Article VII of the Constitution.
Why is it relevant?
The relevance of this article is for a convict who, behaved inside the prison and who has
shown regret for his crime and to give him the chance of freedom and to reform or
renew himself.
ARTICLE 100: Civil liability of a person guilty of felony.

- A person must be criminally liable.
- He must also be civilly liable.
As a general rule, every person criminally liable is also civilly liable. For every criminal
action filed in court, the civil action for the recovery of civil liability is deemed instituted.
Why is it relevant?
This article is relevant for the reason that it shows the heaviness of doing such criminal
offense for there will always be a civil liability that is attached to it.
ARTICLE 101: Rules regarding civil liability in certain cases.

The exemption from criminal liability established in subdivision 1, 2, 3, 5, and 6 of Article
12 and in subdivision 4 of Article 11 does not include exemption from civil liability.
1. 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 nine years of age, or by one
over nine but under fifteen years of age, who has acted without discernment, shall
devolve upon those having such 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.
2. 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.

ARTICLE 102: Subsidiary civil liability of innkeepers, tavernkeepers and

proprietors of establishments.
1. In default of the persons criminally liable, innkeepers, tavernkeepers, and any
other persons or corporations shall be civilly liable for crimes committed in their
establishments, in all cases where a violation of municipal ordinances or some
general or special police regulation shall have been committed by them or their
employees.
Requisites
1. The inkeeper, tavernkeeper, proprietor of the establishment or his employees
committed a violation of municipal ordinance or some general or special police
regulation;
2. A crime is committed in such establishment; and
3. The person criminally liable is insolvent.
When all these are present, the innkeeper, the tavernkeepers or any other person or
corporation is civilly liable for the crime committed in his establishment. This is known
as subsidiary civil liability of innkeepers, tavernkeepers, or proprietors of
establishments.
2.Innkeepers are also subsidiarily liable for the restitution of goods taken by
robbery or theft within their houses from guests lodging therein, or for the
payment of the value thereof, provided that such guests shall have notified in
advance the 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 given them with respect to
the care and vigilance over such goods. No liability shall attach in case of
robbery with violence against or intimidation of persons unless committed by the
innkeeper's employees.
Requisites
1. The guests notified in advance the innkeeper or the person representing him of
the deposit of their goods within the inn or house.
2. The guests followed the directions of the innkeeper or his representative with
respect to the care of and vigilance over such goods.
3. Such goods of the guests lodging therein were taken by robbery with force upon
things or theft committed within the inn or house.
.
When all the above elements are present, the innkeeper is subsidiarily liable.
No liability shall attach in case of robbery with violence against or intimidation of
persons, unless committed by the innkeepers employees.
Why is it relevant?
It is relevant because we can learn how the criminal liabilities flows to the establishment
which the employees involve.
ARTICLE 103: Subsidiary civil liability of other persons.

1. The employer, teacher, person or corporation is engaged in any kind of industry;
2. Any of their servants, pupils, workmen, apprentices or employees commits a
felony while in the discharge of his duties; and
3. The said employee is insolvent and has not satisfied his civil liability.
1. Enforcement of civil liability is upon a motion for subsidiary writ of execution;
2. Employer must be engaged in industry.
3. Hospital not engaged in industry; nurses not servants.
4. Private persons without business or industry, not subsidiarily liable
5. The felony must be committed by the servant or employee of the defendant in the
civil case.
6. Decision convicting an employee is binding upon the employer with respect to
the civil liability and its amount.
7. Enforcement pf civil liability is upon a motion for subsidiary writ of execution.
8. The subsidiary liability of the employer is not determined in the criminal case
against the employee. Reservation not necessary.

Article 103 or RPC in relation of Article 2180 of New Civil Code which are the distinction
source of the civil liability of the offender-employer; as to the nature of the liability of the
employer; as to whether a separate complaint must be filed against the employer; as to
necessity of previous conviction in a criminal case; and as to the availability of the
defense of the "exercise of diligence of a good father of the family in the selection and
supervision of employee."
Why is it relevant?
It is relevant because it gives more details how the criminal liabilities distinguished to
the civil liabilities.
ARTICLE 104: What is included in civil liability.

Includes:
1. Restitution;
2. Reparation of damage caused, and
3. Indemnification for consequential damages.
The restitution presupposes that the offended party was divested of property, and
such property must be returned. If the property is in the hands of a third party, the same
shall nevertheless be taken away from him and restored to the offended party, even
though such third party may be a holder for value and a buyer in good faith of the
property, except when such third party buys the property from a public sale where the
law protects the buyer.
Reparation of the damage causes, in case of human life, Reparation of the

damage cause is basically P50,000.00 value of human life, exclusive of other forms of
damages, the P50,000.00 may also increase whether such life was lost through
intentional felony or criminal negligence, whether the result of dolo or culpa. Also in the
crime of rape, the damages awarded to the offended woman is generally P30,000.00 for
the damage to her honor.
Indemnification of consequential damages refers to the loss of earnings, loss of
profits. This does not refer only to consequential damages suffered by the offended
party; this includes consequential damages to third party also suffer because of the

There are three civil obligations in Article 104 be declared and enforced. Thus, for the
crime of occupation of real property in Article 312, the defendant may be required.
Article 104, providing for three forms of civil liabilities, and Article 38, providing for the
order of payment of pecuniary liabilities, may be distinguished.
Why is it relevant?
It is relevant because the elements of this article talks about the damages affected in in
different manners which divided to the 3 next articles.
ARTICLE 105: Restitution: How made

The convict cannot by way of restitution, give to the offended party a similar thing
of the same amount, kind or species and quality the very thing should be returned.
If the property stolen while in the possession of the third party suffers deterioration due
to his fault, the court will assess the amount of the deterioration and, in addition to the
return of the property, the culprit will be ordered to pay such amount.
Restitution or restoration applications:

• If the thing is acquired by a person knowing that it was stolen, then he is an
accessory and therefore criminally liable. (Liable under anti-fencing law)
• The third party who acquired the stolen property may be reimbursed with the
price paid therefor if it be acquired at a public safe and in good faith.
• When the liability to return a thing arises from a contract, not from a criminal act,
the court cannot order its return in the criminal case.
• Restitution may be ordered, even if accused is acquitted, provided the offense is
proved and it is shown that the thing belongs to someone else.
• When crime is not against property, no restitution or reparation of the thing can
be done.
• The court has authority to order the reinstatement of the accused acquitted of a
crime punishable by the penalty of perpetual or temporary disqualification.

Article 105 in relation to the Article 104 which this liability may established.
Why is it relevant?
It is relevant because this provision made how the thing itself shall be restored, even
though it be found in the possession of a third person who has acquired it by lawful
means, saving to the latter his action against the proper person who may be liable to
him.
ARTICLE 106: Reparation: How made
• If there is no evidence as to the value of the thing unrecovered, reparation cannot
be made.
• Payment by the insurance company does not relieve the offender of his
obligation to repair the damage caused.
• Damages shall be limited to those caused by the crime.
• The accused is liable for the damages caused as a result of the destruction of the
property after the crime was committed, either because it was lost or destroyed by the
accused himself or that by any other person or as a result of any other cause or causes.

Why is it relevant?
It is relevant because this provision was made to determine the amount of damage,
taking into consideration the price of the thing, whenever possible, and its special
sentimental value to the injured party.
ARTICLE 107: Indemnification: What is included

• Indemnity for medical services still unpaid may be recovered.
• Contributory negligence on the part of the offended party reduces the civil liability
of the offender.
• The civil liability may be increased only if it will not require an aggravation of the
decision in the criminal case on which it is based.
• The amount of damages for death shall be at least P50,000.00 even though
there may have been mitigating circumstances.

Why is it relevant?
It is relevant because this Article made for the indemnity for consequential damages
which may be learn how the civil liabilities flows to this provision.
ARTICLE 108: Obligation to make restoration, reparation for damages or

indemnification for consequential damages and action to demand the same.
1. The heirs of the person liable has no obligation if restoration is not possible and the
deceased left no property.
2. Civil liability is possible only when the offender dies after final judgment.
3. If the death of the offender took place before any final judgment of conviction was
rendered against him, the action for restitution must necessarily be dismissed.
Article 108 is applicable only if the person liable although already dead has left a
property, the heirs of the offender should pay for the damages incurred by the criminal
offense to the offended party.
How is it construed vis-à-vis with other provisions?

If the obligation is liquidated, that is, if the offender before his death was condemned by
final judgment to make restitution, reparation, or indemnification, the offended party may
make effective his claim by following the procedure provided for in Rule 86 of the Rules
of Court, that is, by filing a copy of the judgment of conviction against the deceased with
the court taking cognizance of the testate or intestate proceedings.
If the death of the offender took place before any final judgment of conviction was
rendered against him, the action for restitution, reparation, or indemnification must
necessarily be dismissed, in accordance with the provisions of Art. 89, par. 1, of this
Code.
Why is it relevant?
The obligation to make restoration, reparation for damages, or indemnification for
consequential damages and action to demand the same devolves upon the heirs of the
person liable.
ARTICLE 109: Share of each person civilly liable.

With respect to civil liability:
If there are two or more persons civilly liable for a felony, the court shall determine the
amount for which each must respond.
Article 109 of the Revised Penal Code shall be applicable if there are two or
more persons civilly liable for committing a crime.

The subsidiary liability of all of them shall be enforced in accordance with the
provisions of Article 10 of the same code.
Why is it relevant?
In case of insolvency of the accomplices, the principal shall be subsidiarily liable for
their share of the indemnity; and in case of the insolvency of the principal, the
accomplices shall be subsidiarily liable, jointly and severally, for the indemnity due from
said principal.
ARTICLE 110: Several and Subsidiary liability of principals, accomplices and

accessories of felony.

Preference in Enforcement of Subsidiary Liability:
1. Against the property of the principal
2. Against that of the accomplice
3. Against that of the accessories
Article 110 of the RPC, notwithstanding the provisions of the next preceding article, the
principals, accomplices, and accessories, each with their respective class, shall be
liable severally in (solidum) among themselves for their quotas, and subsidiarily for
those of the other persons liability.
Why is it relevant?
The principal is primarily liable for his own part of the indemnity. The several
accomplices are jointly and severally liable for the portion adjudged against them and
are subsidiary liable for the portion of their principal in case of the latter’s insolvency.
ARTICLE 111: Obligation to make restitution in a certain case.

1. This refers to a person who has participated gratuitously in the proceeds of a felony
and he is bound to make restitution in an amount equivalent to the extent of such
participation.
2. The third person must be innocent of the commission of the crime, otherwise he
would be liable as an accessory and this article will not apply.
Article 112 of the RPC is applicable if the person is not an accessory and participated
gratuitously in the proceeds of a felony referred to in this article is not criminally liable.

This article has reference to a case of an innocent person who has participated in
the proceeds of a felony through the liberality of the offender. If the person paid for the
item even though he knows that the item is stolen then Article 105 applies.
Why is it relevant?
If that person merely participated in the eating of the stolen item, he is not
obligated to make restitution because his fortune was not enhanced thereby.
ARTICLE 112: Extinction of Civil Liability

Civil liability is, therefore, extinguished:
1. By payment or performance;
2. By the loss of the thing due;
3. By the condonation or remission of the debt;
4. By the confusion or merger of the rights of creditor and debtor;
5. By compensation;
6. By novation.
Civil Liability may arise from:

1. Crime
2. Breach of contract (culpa contractual), or
3. Tortious act (culpa aquiliana)
Article 112 of the RPC is applicable if the civil liability is extinguished by subsequent
agreement between the accused and the offended party. Express condonation by the
offended party has the effect of waiving civil liability with regard to the interest of the
injured party.

Civil liability established in Article 100, 101, 102 and 103 of this code shall be
extinguished in the same manner as other obligations, in accordance with the provisions
of the Civil Law.
Prescription is one of the modes of extinguishing obligations according to Art. 1231 of

the Civil Code. Where a civil action for damages due to an alleged libel was brought
more than one year after the cause of action accrued, said action is barred by
prescription. Art. 1147 of the Civil Code provides that a civil action for defamation must
be brought within one year.
Why is it relevant?
Offender is civilly liable even if stolen property is lost by reason of force majeure. Thus,
even if the stolen property by the accused died from rinderpest while in the position of
the constabulary during the pendency of the trial, in case of conviction, the accused are
still liable civilly for the reasonable value of the said property.

ARTICLE 113: Obligation to satisfy civil liability

The offender shall continue to be obliged to satisfy the civil liability resulting from the
crime committed by him.
Article 113 of the RPC is applicable except in case of extinction of his civil liability as
provided in the next preceding article. Notwithstanding the fact that he has served his
sentence consisting of deprivation of liberty or other rights, or has not been required to
serve the same by reason of amnesty, pardon, commutation of sentence or any other
reason.

While amnesty wipes out all traces and vestiges of the crime, it does not
extinguish the civil liability of the offender.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity
imposed upon him by the sentence. (Article 36, par. 2 of RPC)
Why is it relevant?
If under the Article 113 of the Revised Penal Code, the obligation to satisfy civil liability
continues notwithstanding service of sentence or non-service due to amnesty, pardon,
commutation of sentence, or any other reason, there is no reason why an application for
the probation should have an opposite effect insofar as determination of civil liability is
concerned.
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RPC Criminal Law Basics

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RPC Criminal Law Basics

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MODASIR, Princess Paida Disangcopan

Criminal Law I – Section 1

Revised Penal Code

DEFINITION OF CRIMINAL LAW

CHARACTERISTICS OF CRIMINAL LAW

b. When the offender is a habitual criminal.

ARTICLE 2: Application of its provisions

How is its construed vis-a-vis other provision?

Title One: Felonies and Circumstances which Affect Criminal Liability

What are the essential requisites?

Requisites of Dolo or Deceit

Requisites of Mistake of Fact as a Defense.

Requisites of Culpable Felony

When / Whom is it Applicable?

Paragraph 2: Impossible Crimes

How is it construed vis-a-vis other provision?

2. In cases of excessive penalties.

When / whom is it applicable?

How it is Construed vis-a-vis other provision?

How it is construed vis-a-vis other provision?

How it is construed vis-à-vis other provisions?

What are the essential requisites?

How is it construed vis-à-vis other provisions?

How is it construed vis-as-vis other provision?

How is it construed vis-a-vis other provisions?

2. Reasonable necessity of the means employed to prevent or repel it;

4. Avoidance of greater evil or injury;

5. Fulfillment of duty or exercise of right or office;

6. Obedience to an order of a superior.

How is it construed vis-à-vis other provision?

How is it construed vis-à-vis other provision?

1. Incomplete justifying or exempting circumstance;

5.Vindication of a grave offense;

7. Voluntary surrender and confession of guilt.

9. Illness of the offender;

How is it construed vis-à-vis other provision?

1. Advantage taken of public position;

3. Disregard of age, sex, or dwelling of the offended party;

4. Abuse of confidence and obvious ungratefulness;

5. Palace and places of commission of offense;

11. Price, reward, or promise;

12. By means of inundation, fire, poison, explosion, stranding of a vessel or intentional

14. Craft, fraud or disguise;

Requisites of means to weaken defense

How is it construed vis-à-vis other provision?

Intoxication considered aggravating if intoxication is:

3. Degree of education of the offender.

What are the essential requisites?

How is it construed vis-à-vis other provisions?

How is it construed vis-à-vis other provisions?

What are the essential requisites?

How is it construed vis-à-vis other provisions?

How is it construed vis-à-vis other provisions?

How is it construed vis-à-vis other provisions?

How is it construed vis-à-vis other provisions?

How is it construed vis-a-vis other provision?

When / Whom it is applicable?

How is it construed vis a vis other provision?

This article classifies penalties into;

Classification of penalties according to subject matter;

Classification of Penalties according to their gravity

How is it construed vis-a-vis other provisions?