Memory Aid in Criminal Law

San Beda College of Law 1
MEMORY AID IN CRIMINAL LAW
BOOK ONE GENERAL RULE: Penal laws cannot

make an act punishable in a manner in
which it was not punishable when
committed.
CRIMINAL LAW - that branch or division of EXCEPTION: (it may be applied
law which defines crimes, treats of their retroactively) When the new law is
nature and provides for their punishment. favorable to the accused.
EXCEPTION TO THE EXCEPTION
CHARACTERISTICS OF CRIMINAL LAW a) The new law is expressly made
1. GENERAL - it is binding on all persons inapplicable to pending actions or
who live or sojourn in the Philippine existing causes of actions.
territory (Art. 14, NCC) b) Offender is a habitual criminal.
EXCEPTIONS:
a) Treaty stipulations LIMITATIONS ON THE POWER OF
b) Laws of preferential application CONGRESS TO ENACT PENAL LAWS:
c) Principles of Public International 1. No ex post facto law shall be enacted
Law. 2. No bill of attainder shall be enacted
The following persons are 3. No law that violates equal protection
exempted: clause of the constitution shall be
a. Sovereigns and other chief enacted
of state 4. No law which imposes cruel and
b. Ambassadors,ministers, unusual punishments nor excessive
plenipotentiary, minister fines shall be enacted.
resident and charges
d’affaires. THEORIES IN CRIMINAL LAW
1. Classical Theory - basis of criminal
 Consuls, vice-consuls and other liability is human free will. Under this
commercial representatives of foreign theory, the purpose of penalty is
nation cannot claim the privileges and retribution. The RPC is generally
immunities accorded to ambassadors governed by this theory.
and ministers. 2. Positivist Theory – basis of criminal
liability is the sum of the social and
2. TERRITORIAL – penal laws of the economic phenomena to which the
Philippines are enforceable only within actor is exposed wherein prevention
its territory. and correction is the purpose of
EXCEPTIONS: (Art. 2, RPC) i.e., penalty. This theory is exemplified in
enforceable even outside the provisions regarding impossible
Philippine territory. crimes and habitual delinquency.
1) Offense committed while on a 3. Eclectic or Mixed Theory – combination
Philippine ship or airship of positivist and classical thinking
2) Forging or counterfeiting any coin wherein crimes that are economic and
or currency note of the Philippines social in nature should be dealt in a
or obligations and securities issued positive manner; thus, the law is more
by the Government. compassionate.
3) Introduction into the country of
the above-mentioned obligations
and securities. PRELIMINARY TITLE
4) While being public officers or
employees should commit an  ART. 2 – APPLICATION OF ITS
offense in the exercise of their PROVISIONS
functions.
5) Should commit any of the crimes RULES ON VESSELS:
against national security and the 1.) Philippine vessel or aircraft.
law of nations defined in Title One  Must be understood as that which is
of Book Two. registered in the Philippine Bureau of
EXCEPTION TO THE EXCEPTION: Customs.
Penal laws not applicable within or
without Philippine territory if so 2.) On Foreign Merchant Vessels
provided in treaties and laws of  ENGLISH RULE: Crimes committed
preferential application. (Art.2, RPC) aboard a vessel within the territorial
waters of a country are triable in the
3. PROSPECTIVE courts of such country.
CRIMINAL LAW COMMITTEE

CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
2 2005 CENTRALIZED BAR OPERATIONS
EXCEPTION: When the crimes merely Requisites of mistake of fact as a

affect things within the vessel or when defense:
they only refer to the internal a. That the act done would
management thereof. have been lawful had the
facts been as the accused
 FRENCH RULE: believed them to be.
GENERAL RULE: Crimes committed b. That the intention of the
aboard vessel within the territorial accused in performing the
waters of a country are not triable in act should be lawful.
the courts of said country. c. That the mistake must be
EXCEPTION: When their commission without fault or
affects the peace and security of the carelessness on the part of
territory or when the safety of the the accused.
state is endangered.
2. Culpable Felonies - performed
 In the Philippines, we follow the without malice.
English Rule. Requisites of CULPA:
a. Freedom
 In the case of a foreign warship, the b. Intelligence
same is not subject to territorial laws. c. Negligence and Imprudence
TITLE ONE: FELONIES AND  REASON FOR PUNSHING ACTS OF

CIRCUMSTANCES WHICH AFFECT NEGLIGENCE: A man must use common
CRIMINAL LIABILITY sense and exercise due reflection in all
his acts; it is his duty to be cautious,
Chapter One: Felonies (Arts. 3-10) careful and prudent.
 ART. 3 – FELONIES Mala Prohibita - the class of crimes

punishable by SPECIAL LAWS and where
Felonies – are acts or omissions punishable criminal intent is not, as a rule, necessary,
by the RPC. it being sufficient that the offender has
the intent to perpetrate the act prohibited
ELEMENTS OF FELONIES (GENERAL) by the special law.
1. there must be an act or omission ie,
there must be external acts. MALA IN SE vs. MALA PROHIBITA
2. the act or omission must be punishable MALA
by the RPC. MALA IN SE PROHIBITA
3. the act is performed or the omission
1. As to The moral trait The moral
incurred by means of dolo or culpa. moral is considered. trait of the
trait of Liability will offender is not
“NULLUM CRIMEN, NULLA POENA SINE the arise only when considered. It
LEGE” - there is no crime where there is offender there is dolo or is enough that
no law punishing it. culpa. the prohibited
act was
CLASSIFICATION OF FELONIES voluntarily
ACCORDING TO THE MEANS BY WHICH done.
THEY ARE COMMITTED:
2. As to Good faith or Good faith is
use of lack of criminal not a defense.
1. Intentional Felonies – the act is good intent is a valid
performed with deliberate intent or faith as defense; unless
malice. a the crime is the
Requisites of DOLO or MALICE: defense result of culpa.
a. Freedom
b. Intelligence 3. As to The degree of The act gives
c. Criminal Intent degree accomplishment rise to a crime
of of the crime is only when it is
accom- taken into consummated.
Mistake of Fact – is a misapprehension of
plish- account in
fact on the part of the person causing ment of punishing the
injury to another. Such person is not the offender.
criminally liable as he acted without crime
criminal intent.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark
David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
4. As to Mitigating and Mitigating and 3. Praeter intentionem – lack of intent to

mitigati aggravating aggravating commit so grave a wrong.
ng and circumstances circumstances
aggravat are taken into are generally PAR. 2 (IMPOSSIBLE CRIME)
ing account in not taken into
REQUISITES:
circum- imposing the account.
stances penalty. a) That the act performed would be an
5. As to When there is Degree of offense against persons or property.
degree more than one participation is b) That the act was done with evil intent.
of offender, the generally not c) That its accomplishment is inherently
partici- degree of taken into impossible, or that the means
pation participation of account. All employed is either inadequate or
each in the who ineffectual.
commission of participated in d) That the act performed should not
the crime is the act are constitute a violation of another
taken into punished to
account. the same
provision of the RPC.
extent.
6. As to Violation of the Violation of  ART. 6 – CONSUMMATED,

what RPC (General Special Laws FRUSTRATED & ATTEMPTED
laws are rule) (General rule) FELONIES
violated
STAGES OF EXECUTION:
1. CONSUMMATED FELONY
Intent distinguished from Motive  When all the elements necessary for
INTENT MOTIVE its execution and accomplishment are
1. Is the purpose to 1. Is the moving present.
use a particular power which impels
means to effect one to act 2. FRUSTRATED FELONY
such result
ELEMENTS:
2. Is an element of 2. Is NOT an
a) The offender performs all the acts of
the crime, except in element of the
unintentional crime execution.
felonies (culpable) b) All the acts performed would produce
3. Is essential in 3. Is essential only the felony as a consequence.
intentional felonies when the identity of c) But the felony is not produced.
the perpetrator is in d) By the reason of causes independent
doubt of the will of the perpetrator.
WHAT CRIMES DO NOT ADMIT OF

 ART. 4 – CRIMINAL LIABILITY FRUSTRATED STAGE?
1) Rape
PAR. 1 - Criminal Liability for a felony 2) Bribery
different from that intended to be 3) Corruption of Public Officers
committed 4) Adultery
5) Physical Injury
REQUISITES:
a) That an intentional felony has been 3. ATTEMPTED FELONY
committed. ELEMENTS:
b) That the wrong done to the aggrieved a) The offender commences the
party be the direct, natural and logical commission of the felony directly by
consequence of the felony committed. overt acts.
b) He does not perform all the acts of
PROXIMATE CAUSE – that cause, which, in execution which should produce the
the natural and continuous sequence, felony.
unbroken by any efficient intervening c) The offender’s acts are not stopped by
cause, produces the injury without which his own spontaneous desistance.
the result would not have occurred.
Thus, the person is still criminally liable

in:
1. Error in personae- mistake in the DESISTANCE - is an absolutory cause which
identity of the victim. negates criminal liability because the law
2. Abberatio ictus – mistake in the blow. encourages a person to desist from
committing a crime.

- this is applicable only in EXAMPLE: conspiracy to commit

the attempted stage. rebellion or insurrection, treason,
sedition.
OVERT ACTS – Some physical activity or 2. Conspiracy as a means of committing a
deed, indicating intention to commit a crime
particular crime, more than a mere a) There is a previous and express
planning or preparation, which if carried agreement;
to its complete termination following its b) The participants acted in concert
natural course, without being frustrated or simultaneously which is
by external obstacles, nor by voluntary indicative of a meeting of the
desistance of the perpetrator will logically minds towards a common criminal
ripen into a concrete offense. objective. There is an implied
agreement.
INDETERMINATE OFFENSE: One where
the purpose of the offender in performing GENERAL RULE: Mere conspiracy or
an act is not certain. The accused maybe proposal to commit a felony is not
convicted for a felony defined by the acts punishable since they are only preparatory
performed by him up to the time of acts
desistance. EXCEPTION: in cases in which the law
specially provides a penalty therefor, such
2 STAGES IN THE DEVELOPMENT OF A as in treason, coup d’etat, and rebellion or
CRIME: insurrection
1) Internal acts
 Such as mere ideas in the mind of “The act of one is the act of all”
person. GENERAL RULE: When conspiracy is
 Not punishable. established, all who participated therein,
2) External acts cover: irrespective of the quantity or quality of
a) Preparatory acts - ordinarily not his participation is liable equally, whether
punished except when considered conspiracy is pre-planned or
by law as independent crimes (e.g. instantaneous. EXCEPTION: Unless one or
Art. 304, Possession of picklocks some of the conspirators committed some
and similar tools) other crime which is not part of the
b) Acts of Execution - punishable intended crime.
under the RPC EXCEPTION TO THE EXCEPTION: When the
act constitutes a “single indivisible
 ART. 7 – LIGHT FELONIES offense”.
 Light Felonies are punishable only  Conspiracy may be inferred when two
when they have been consummated or more persons proceed to perform
EXCEPT: If committed against persons overt acts towards the
or property, punishable even if not accomplishment of the same felonious
consummated. objective, with each doing his act, so
that their acts though seemingly
 Only principals and accomplices are independent were in fact connected,
liable, accessories are not liable even showing a common design.
if committed against persons or
property.  These overt acts must consist of:
- active participation in the actual
commission of the crime itself, or
 ART. 8 – CONSPIRACY AND PROPOSAL - moral assistance to his co-
TO COMMIT FELONY conspirators by being present at the
time of the commission of the crime,
REQUISITES OF CONSPIRACY or
1. That 2 or more persons came to an - exerting a moral ascendance over
agreement. the other co-conspirators by moving
2. That the agreement pertains to the them to execute or implement the
commission of a felony. criminal plan (PEOPLE vs. ABUT, et
3. That the execution of the felony was al., GR No. 137601, April 24, 2003)
decided upon.
REQUISITES OF PROPOSAL:
2 CONCEPTS OF CONSPIRACY 1. That a person has decided to commit a
1. Conspiracy as a crime by itself. felony; and
2. That he proposes its execution to

some other person or persons. accordance with law, so that such person
is deemed not to have transgressed the
law and is free from both criminal and civil
 ART. 9 – CLASSIFICATION OF FELONIES liability. There is no civil liability, except
ACCORDING TO GRAVITY in par. 4 of Art. 11, where the civil
liability is borne by the persons benefited
Importance of Classification by the act.
1. To determine whether these felonies
can be complexed or not. 1. SELF- DEFENSE
2. To determine the prescription of the
crime and the prescription of the REQUISITES:
penalty. a) Unlawful aggression (condition sine
qua non);
Grave felonies – are those to which the b) Reasonable necessity of the means
law attaches the capital punishment or employed to prevent or repel it; and
penalties which in any of their periods are c) Lack of sufficient provocation on the
afflictive, in accordance with Art. 25 of part of the person defending himself.
the Code.
Less grave felonies – are those which the

law punishes with penalties which in their
maximum period are correctional, in UNLAWFUL AGGRESSION
accordance with Art. 25 of the Code. - is equivalent to an actual
physical assault or, at least
Light felonies – are those infractions of - threatened assault of an
law for the commission of which the immediate and imminent kind which is
penalty of arresto menor or a fine not offensive and positively strong, showing
exceeding 200 pesos, or both, is provided. the wrongful intent to cause injury.
TEST OF REASONABLENESS – the means

employed depends upon the nature and
 ART. 10 – OFFENSES NOT SUBJECT TO quality of the (1) weapon used by the
THE PROVISIONS OF THE RPC aggressor, and (2) his physical condition,
character, size and other circumstances,
GENERAL RULE: RPC provisions are (3) and those of the person defending
supplementary to special laws. himself, (4) and also the place and
EXCEPTION: occasion of the assault.
1. Where the special law provides
otherwise; and
2. When the provisions of the RPC are  Perfect equality between the weapons
impossible of application, either by used by the one defending himself and
express provision or by necessary that of the aggressor is not required,
implication. nor material commensurability
between the means of attack and
Thus, when the special law adopts the defense.
penalties imposed in the RPC, such as REASON: Because the person assaulted
reclusión perpetua or reclusión temporal, does not have sufficient tranquility of
the provisions of the RPC on imposition of mind to think and to calculate.
penalties based on stage of execution,
degree of participation, and attendance of
mitigating and aggravating circumstances Rights included in self-defense:
may be applied by necessary implication. Self-defense includes not only the defense
of the person or body of the one assaulted
but also that of his rights, the enjoyment
Chapter Two: Justifying Circumstances of which is protected by law. Thus, it
and Circumstances Which Exempt from includes:
Criminal Liability (Arts. 11-12) 1. The right to honor. Hence, a slap on
the face is considered as unlawful
 ART. 11. JUSTIFYING CIRCUMSTANCES aggression directed against the honor
of the actor (People vs. Sabio, 19 SCRA
JUSTIFYING CIRCUMSTANCES – are those 901).
where the act of a person is said to be in

2. The defense of property rights, only if 3. The person defending be not induced
there is also an actual and imminent by revenge, resentment or other evil
danger on the person of the one motive.
defending ( People vs Narvaez, 121 4. AVOIDANCE OF GREATER EVIL OR
SCRA 389). INJURY
“Stand ground when in the right” - the REQUISITES:

law does not require a person to retreat 1. That the evil sought to be avoided
when his assailant is rapidly advancing actually exists:
upon him with a deadly weapon. 2. That the injury feared be greater
than that done to avoid it; and
Under Republic Act 9262, known as the 3. There be no other practical and less
Anti- Violence against Women and their harmful means of preventing it.
Children Act of 2004:
Victim-survivors who are found by  No civil liability except when there is
the courts to be suffering from Battered another person benefited in which
Woman Syndrome do not incur any case the latter is the one liable.
criminal or civil liability notwithstanding
the absence of any of the elements for  Greater evil must not be brought
justifying circumstances of self-defense about by the negligence or imprudence
under the RPC. (Sec. 26, R.A. No. 9262) or violation of law by the actor.
The law provides for an additional
justifying circumstance. 5. FULFILLMENT OF DUTY; OR LAWFUL
Battered Woman Syndrome – refers EXERCISE OF RIGHT OR OFFICE.
to a scientifically defined pattern of
psychological and behavioral symptoms REQUISITES:
found in women living in battering 1. That the accused acted in the
relationships as a result of cumulative performance of a duty or in the
abuse. lawful exercise of a right or office;
Battery – refers to any act of 2. That the injury caused or the
inflicting physical harm upon the woman offense committed be the
or her child resulting to physical and necessary consequence of the due
psychological or emotional distress. performance of duty or the lawful
exercise of such right or office.
2. DEFENSE OF RELATIVES
6. OBEDIENCE TO AN ORDER ISSUED FOR
REQUISITES: SOME LAWFUL PURPOSE.
1. Unlawful Aggression;
2. Reasonable necessity of the REQUISITES:
means employed to prevent or 1. That an order has been issued by a
repel it; and superior.
3. In case the provocation was given 2. That such order must be for some
by the person attacked, the one lawful purpose
making the defense had no part 3. That the means used by the
therein. subordinate to carry out said order is
lawful.
RELATIVES THAT CAN BE DEFENDED:
1. Spouse  Subordinate is not liable for carrying
2. Ascendants out an illegal order if he is not aware
3. Descendants of its illegality and he is not negligent.
4. Legitimate, natural or adopted
brothers and sisters, or relatives by
affinity in the same degrees.  ART. 12. EXEMPTING CIRCUMSTANCES
5. Relatives by consanguinity within the
fourth civil degree. Exempting Circumstances (or the
circumstances for non-imputability) – are
3. DEFENSE OF STRANGER those grounds for exemption from
punishment, because there is wanting in
REQUISITES: the agent of the crime any of the
1. Unlawful Aggression; conditions which makes the act voluntary,
2. Reasonable necessity of the means or negligent.
employed to prevent or repel it; and
BASIS:

The exemption from punishment is based without the least discernment because
on the complete absence of intelligence, there is a complete absence of the
freedom of action, or intent, or on the power to discern or a total deprivation
absence of negligence on the part of the of freedom of the will. (PEOPLE vs.
accused. ANTONIO, GR No. 144266, November
27, 2002)
JUSTIFYING EXEMPTING
CIRCUMSTANCE CIRCUMSTANCE 2. PERSON UNDER NINE YEARS OF AGE
1. It affects the act 1. It affects the
not the actor. actor not the act.  An infant under the age of nine years
2. The act is 2. The act is absolutely and conclusively
considered to have complained of is presumed to be incapable of
been done within the actually wrongful, committing a crime.
bounds of law; but the actor is not
hence, legitimate liable.  The phrase “under nine years” should
and lawful in the
be construed “nine years or less”
eyes of the law.
3. Since the act is 3. Since the act
considered lawful, complained of is 3. PERSON OVER NINE YEARS OF AGE
there is no crime. actually wrong there AND UNDER 15 ACTING WITHOUT
is a crime but since DISCERNMENT.
the actor acted
without  Must have acted without discernment.
voluntariness, there
is no dolo nor culpa DISCERNMENT – mental capacity to fully
appreciate the consequences of an
4. Since there is no 4. Since there is a
unlawful act.
crime, nor a crime committed
criminal, there is though there is no Discernment maybe shown by:
also no criminal or criminal, there is a) The manner the crime was
civil liability. (except civil liability. committed: or
Art. 11, par. 4) b) The conduct of the offender after its
commission.
1. IMBECILITY OR INSANITY 4. ACCIDENT WITHOUT FAULT OR

Insanity or imbecility exists when there is INTENTION OF CAUSING IT
a complete deprivation of intelligence or
freedom of the will.  Basis: Lack of negligence or intent.
 An insane person is not so exempt if it
can be shown that he acted during a ELEMENTS:
lucid interval. But an imbecile is 1. A person is performing a lawful act;
exempt in all cases from criminal 2. With due care;
liability. 3. He causes injury to another by mere
accident;
4. Without fault or intention of causing
TWO TESTS OF INSANITY: it.
1. Test of COGNITION – complete
deprivation of intelligence in 5. A PERSON WHO ACTS UNDER THE
committing the crime. COMPULSION OF AN IRRESISTABLE
2. Test of VOLITION – total FORCE
deprivation of freedom of will.
 The defense must prove that the ELEMENTS:
accused was insane at the time of the 1. That the compulsion is by means of
commission of the crime because the physical force.
presumption is always in favor of 2. That the physical force must be
sanity. irresistable.
3. That the physical force must come
 Insanity exists when there is a from a third person.
complete deprivation of intelligence in
committing the act. Mere abnormality  Basis: complete absence of freedom or
of the mental faculties will not voluntariness.
exclude imputability. The accused
must be "so insane as to be incapable  The force must be so irresistable as to
of entertaining criminal intent." He reduce the actor to a mere instrument
must be deprived of reason and acting

who act not only without will but physically impossible for her to take
against his will. home the child. (People vs. Bandian,
63 Phil. 530).
6. UNCONTROLLABLE FEAR The severe dizziness and extreme
debility of the woman constitute an
ELEMENTS: insuperable cause.
1. That the threat which causes the fear
is of an evil greater than, or at least ABSOLUTORY CAUSES - are those where
equal to, that which he is required to the act committed is a crime but for
commit; reasons of public policy and sentiment,
2. That it promises an evil of such gravity there is no penalty imposed.
and imminence that the ordinary man
would have succumbed to it.
Other absolutory causes:
 Duress as a valid defense should be 1. Spontaneous desistance (Art. 6)
based on real, imminent, or 2. Accessories who are exempt from
reasonable fear for one’s life or limb criminal liability (Art. 20)
and should not be speculative, 3. Death or physical injuries inflicted
fanciful, or remote fear. under exceptional circumstances (Art.
247)
“ACTUS ME INVITO FACTUS NON EST 4. Persons exempt from criminal liability
MEUS ACTUS” – An act done by me for theft, swindling and malicious
against my will is not my act. mischief (Art. 332)
5. Instigation
7. INSUPERABLE CAUSE.
 Entrapment is NOT an absolutory
INSUPERABLE CAUSE – some motive which cause. A buy-bust operation
has lawfully, morally or physically conducted in connection with illegal
prevented a person to do what the law drug-related offenses is a form of
commands. entrapment.
ELEMENTS: ENTRAPMENT INSTIGATION

1. That an act is required by law to be 1. Ways and 1. Instigator
done. means are induces the would-
2. That a person fails to perform such resorted to for the be accused to
act. capture of commit the crime,
3. That his failure to perform such act lawbreaker in the hence he becomes a
execution of his co-principal.
was due to some lawful or insuperable criminal plan.
cause. 2. not a bar to 2. it will result in
the prosecution the acquittal of the
Examples: and conviction of accused.
a. The municipal president detained the the lawbreaker
offended party for three days because
to take him to the nearest justice of
the peace required a journey for three
Chapter Three: Circumstances Which
days by boat as there was no other
Mitigate Criminal Liability
means of transportation. (US vs.
Vicentillo, 19 Phil. 118)
 ART.13 MITIGATING CIRCUMSTANCES
The distance which required a
journey for three days was considered
MITIGATING CIRCUMSTANCES – those
an insuperable cause.
which if present in the commission of the
Note: Under the law, the person
crime, do not entirely free the actor from
arrested must be delivered to the
criminal liability but serve only to reduce
nearest judicial authority at most
the penalty.
within 18 hours (now 36 hours, Art.
125 RPC); otherwise, the public officer
 One single fact cannot be made the
will be liable for arbitrary detention.
basis of more than one mitigating
circumstance. Hence, a mitigating
b. A mother who at the time of childbirth
circumstance arising from a single
was overcome by severe dizziness and
fact, absorbs all the other mitigating
extreme debility, and left the child in
circumstances arising from the same
a thicket were said child died, is not
fact.
liable for infanticide because it was

4. Minor delinquent under 18 years of

BASIS : Diminution of either freedom of age, sentence suspended (Art. 192,
action intelligence or intent or on the PD 603 as amended by PD 1179)
lesser perversity of the offender. 5. 18 years or over – full criminal
responsibility.
CLASSES ORDINARY PRIVILEGED 6. 70 years or over – mitigating, no
Source Subsections Arts. 68, 69 imposition of death penalty; if
1-10 of Art. and 64 of already imposed, execution of death
13 (RPC) RPC penalty is suspended and commuted.
As to the If not offset It operates
effect (by an to reduce  BASIS: diminution of intelligence
aggravating the penalty
circumstanc by one to
e) it will two degrees 3. NO INTENTION TO COMMIT SO GRAVE
operate to depending A WRONG
have the upon what
penalty the law Rule for the application:
imposed at provides Can be taken into account only when the
its minimum facts proven show that there is a notable
period, and evident disproportion between the
provided the means employed to execute the criminal
penalty is a
act and its consequences.
divisible one
As to offset May be Cannot be
offset by offset  Intention may be ascertained by
aggravating considering:
circums- a) the weapon used
tance b) the part of the body injured
c) the injury inflicted
1. INCOMPLETE JUSTIFYING OR
EXEMPTING CIRCUMSTANCES  BASIS : intent is diminished
 Applies, when all the requisites 4. PROVOCATION OR THREAT

necessary to justify the act are not
attendant. PROVOCATION – any unjust or improper
conduct or act of the offended party,
 But in the case of “incomplete self- capable of exciting, inciting or irritating
defense, defense of relatives, and any one.
defense of a stranger”, unlawful
aggression must be present, it being REQUISITES:
an indispensable requisite. 1. The provocation must be sufficient.
2. It must originate from the offended
2. UNDER 18, OR OVER 70 YEARS OLD party.
3. The provocation must be immediate to
 It is the age of the accused at the time the commission of the crime by the
of the commission of the crime which person who is provoked.
should be determined. His age at the  The threat should not be offensive and
time of the trial is immaterial. positively strong. Otherwise, the
threat to inflict real injury is an
Legal effects of various ages of offender unlawful aggression, which may give
1. Nine (9) years of age and below – rise to self-defense.
exempting circumstance. (Art. 12,
par. 2) 5. VINDICATION OF GRAVE OFFENSE
2. Over 9 but not more than 15 –
exempting unless, he acted with REQUISITES:
discernment in which case penalty is 1. That there be a grave offense done to
reduced to at least two (2) degrees the one committing the felony, his
lower than that imposed. (Art. 12, spouse, ascendants; descendants,
par. 3; Art. 68, par. 1) legitimate, natural or adopted
3. Above 15 but under 18 - regardless of brothers or sisters or relatives by
discernment, penalty is reduced by affinity within the same degrees;
one (1) degree lower than that 2. That the felony is committed in
imposed. (Art. 68 par. 2) immediate vindication of such grave
offense.

 “Immediate” allows for a lapse of time - the offense need -must immediately
unlike in sufficient provocation, as not be immediate. It precede the
long as the offender is still suffering is only required that commission of the
from the mental agony brought about the influence thereof crime.
lasts until the
by the offense to him.
moment the crime is
committed
PROVOCATION VINDICATION
1. It is made 1. The grave 7. SURRENDER AND CONFESSION OF
directly only to the offense may be
GUILT
person committing committed also
the felony. against the
offender’s relatives REQUISITES OF VOLUNTARY SURRENDER:
mentioned by law. 1. That the offender had not been
2. The cause that 2. The offended actually arrested;
brought about the party must have 2. That the offender surrendered himself
provocation need done a grave to a person in authority or to the
not be a grave offense to the latter’s agent;
offense. offender or his 3. That the surrender was voluntary.
relatives mentioned
by law.
3. It is necessary 3. The vindication
WHEN SURRENDER VOLUNTARY
that the provocation of the grave offense A surrender to be voluntary must be
or threat may be proximate, spontaneous, showing the intent of the
immediately which admits of an accused to submit himself unconditionally
preceded the act. INTERVAL of time. to the authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble
5. PASSION OR OBFUSCATION
and expense necessarily incurred in his
search and capture.
It requires that:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that
it naturally produced passion or
obfuscation in him.
REQUISITES OF VOLUNTARY PLEA OF
GUILTY:
REQUISITES:
1. That the offender spontaneously
1. That there be an act, both unlawful
confessed his guilt.
and sufficient to produce such a
2. That the confession of guilt was made
condition of mind;
in open court, that is, before the
2. That said act which produced the
competent court that is to try the
obfuscation was not far removed from
case; and
the commission of the crime by a
3. That the confession of guilt was made
considerable length of time, during
prior to the presentation of evidence
which the perpetrator might recover
for the prosecution.
his normal equanimity.
 BASIS: lesser perversity of the
offender.
 A mitigating circumstance only when
the same arose from lawful
8. PHYSICAL DEFECT OF OFFENDER
sentiments.
 When the offender is deaf and dumb,
 BASIS: Loss of reasoning and self-
blind or otherwise suffering from some
control, thereby diminishing the
physical defect, restricting his means
exercise of his will power.
of action, defense or communication
with others.
WHEN PASSION OR OBFUSCATION NOT
MITIGATING: When committed:
 The physical defect must relate to the
1. In the spirit of lawlessness, or
offense committed.
2. In a spirit of revenge
 BASIS: diminution of element of
PASSION/ PROVOCATION
voluntariness.
OBFUSCATION
- produced by an - the provocation
impulse which may comes from the
9. ILLNESS OF THE OFFENDER
be caused by injured party.
provocation REQUISITES:

1. That the illness of the offender must i) Craft, fraud or disguise;

diminish the exercise of his will- j) Unlawful entry;
power. k) Breaking of parts of the house;
2. That such illness should not deprive l) Use of persons under 15 years of
the offender of consciousness of his age.
acts.
 Includes illness of the mind not 2. Specific – those which apply only to
amounting to insanity. specific crimes, such as ignominy in
crimes against chastity and cruelty and
 BASIS: diminution of intelligence and treachery which are applicable only to
intent. crimes against persons.
a) Disregard of rank, age or sex due
10. SIMILAR AND ANALOGOUS the offended party;
CIRCUMSTANCES b) Abuse of superior strength or
means be employed to weaken the
EXAMPLES: defense;
1) Impulse of jealousy, similar to passion c) Treachery (alevosia);
and obfuscation. d) Ignominy;
2) Testifying for the prosecution,
e) Cruelty;
analogous to plea of guilty
f) Use of unlicensed firearm in the
murder or homicide committed
therewith (RA 8294).
Chapter Four: Circumstances which
Aggravate Criminal Liability (Art. 14)
3. Qualifying – those that change the
Aggravating circumstances – are those
nature of the crime.
which, if attendant in the commission of
the crime, serve to have the penalty  Alevosia (treachery) or evident
imposed in its maximum period provided premeditation qualifies the killing
by law for the offense or change the of a person to murder.
nature of the crime.  Art. 248 enumerates the qualifying
aggravating circumstances which
BASIS: quality the killing of person to
They are based on the greater perversity murder.
of the offender manifested in the
commission of the felony as shown by:
1. the motivating power itself, 4. Inherent – those which of necessity
2. the place of the commission, accompany the commission of the
3. the means and ways employed crime, therefore not considered in
4. the time, or increasing the penalty to be imposed,
5. the personal circumstances of the such as:
offender, or the offended party. a) Evident premeditation in robbery,
theft, estafa, adultery and
KINDS OF AGGRAVATING concubinage;
CIRCUMSTANCES: b) Abuse of public office in bribery;
c) Breaking of a wall or unlawful
1. Generic – those which apply to all entry into a house in robbery with
crimes, such as: the use of force upon things;
a) Advantage taken of public d) Fraud in estafa;
position; e) Deceit in simple seduction;
b) Contempt or insult of public f) Ignominy in rape.
authorities;
c) Crime committed in the dwelling
of the offended party; 5. Special – those which arise under
d) Abuse of confidence or obvious special conditions to increase the
ungratefulness; penalty of the offense and cannot be
e) Place where crime is committed; offset by mitigating circumstances,
f) Nighttime, uninhabited place, or such as:
band; a) Quasi-recidivism (Art. 160);
g) Recidivism (reincidencia); b) Complex crimes (Art. 48);
h) Habituality (reiteracion); c) Error in personae (Art. 49);

d) Taking advantage of public circumstances are attendant. (Art. 62,

position and membership in an par. 3)
organized/syndicated crime group 4. The circumstances which consist
(Par.1[a], Art. 62). a) In the material execution of
the act, or
GENERIC QUALIFYING b) In the means employed to
AGGRAVATING AGGRAVATING accomplish it,
CIRCUMSTANCE CIRCUMSTANCE shall serve to aggravate the liability of
As to its effect those persons only who had knowledge
Increases the penalty To give the crime its of them at the time of the execution
which should be proper and exclusive of the act or their cooperation
imposed upon the name and to place therein. Except when there is proof of
accused to the the author thereof in conspiracy in which case the act of
maximum period but such a situation as to one is deemed to be the act of all,
without exceeding deserve no other regardless of lack of knowledge of the
the limit prescribed penalty than that
facts constituting the circumstance.
by law. specially prescribed
by law for said (Art. 62, par. 4)
crime. 5. Aggravating circumstances, regardless
of its kind, should be specifically
alleged in the information AND proved
As to whether it can be offset by a
as fully as the crime itself in order to
mitigating circumstance
May be offset by a Cannot be offset by a
increase the penalty. (Sec. 9, Rule
mitigating mitigating 110, 2000 Rules of Criminal
circumstance. circumstance Procedure)
6. When there is more than one
qualifying aggravating circumstance
RULES ON AGGRAVATING present, one of them will be
CIRCUMSTANCES appreciated as qualifying aggravating
1. Aggravating circumstances shall not be while the others will be considered as
appreciated if: generic aggravating.
a) They constitute a crime specially
punishable by law, or
b) They are included by the law in  ART. 14 – AGGRAVATING
defining a crime and prescribing a CIRCUMSTANCES
penalty therefor, shall not be
taken into account for the purpose Par. 1. – That advantage be taken by
of increasing the penalty. the offender of his public position.
EXAMPLE: “That the crime be
committed by means of  Applicable only when the offender is a
…fire,…explosion” (Art. 14, par. 12) is public officer.
in itself a crime of arson (Art. 321) or  The offender must have abused his
a crime involving destruction (Art. public position or at least use of the
324). It is not to be considered to same facilitated the commission of the
increase the penalty for the crime of offense.
arson or for the crime involving  This circumstance cannot be taken
destruction. into consideration in offenses where
2. The same rule shall apply with respect taking advantage of official position is
to any aggravating circumstance made by law an integral element of
inherent in the crime to such a degree the crime, such as in malversation
that it must of necessity accompany under Art. 217, or in falsification of a
the commission thereof. (Art. 62, par. document committed by public
2) officers under Art. 171.
3. Aggravating circumstances which  Taking advantage of a public position
arise: is also inherent in the case of
a) From the moral attributes of the accessories under Art. 19, par. 3
offender, or (harboring, concealing, or assisting in
b) From his private relations with the the escape of the principal of the
offended party, or crime), and in crimes committed by
c) From any personal cause, public officers (Arts. 204-245).
shall only serve to aggravate the
liability of the principals, accomplices
and accessories as to whom such

Par. 2 – That the crime be committed in - there must be a difference in the

contempt of or with insult to the public social condition of the offender and the
authorities. offended party.
REQUISITES OF THIS CIRCUMSTANCE: Age of the offended party – may refer to

1. That the public authority is engaged in old age or the tender age of the victim.
the exercise of his functions.
2. That he who is thus engaged in the Sex of the offended party – refers to the
exercise of said functions is not the female sex, not to the male sex.
person against whom the crime is
committed. THE AGGRAVATING CIRCUMSTANCE OF
3. The offender knows him to be a public DISREGARD OF RANK, AGE, OR SEX IS
authority. NOT APPLICABLE IN THE FOLLOWING
4. His presence has not prevented the CASES:
offender from committing the criminal 1. When the offender acted with passion
act. and obfuscation.
2. When there exists a relationship
Public authority – sometimes also called a between the offended party and the
person in authority, is a public officer who offender.
is directly vested with jurisdiction, that is, 3. When the condition of being a woman
a public officer who has the power to is indispensable in the commission of
govern and execute the laws; like a the crime. (e.g. in parricide,
mayor, councilor, governor, barangay abduction, seduction and rape)
captain and barangay chairman.
 Disregard of sex and age are not
 A teacher or professor of a public or absorbed in treachery because
recognized private school is not a treachery refers to the manner of the
“public authority within the commission of the crime, while
contemplation of this paragraph. disregard of sex and age pertains to
While he is a person in authority under the relationship of the victim (People
Art. 152, that status is only for vs. Lapaz, March 31, 1989).
purposes of Art. 148 (direct assault)
and Art. 152 (resistance and Dwelling – must be a building or structure,
disobedience). exclusively used for rest and comfort. A
“combination of a house and a store” or a
Par. 3 – That the act be committed market stall where the victim slept is not
(1) with insult or in disregard of a dwelling.
the respect due the offended party on - dwelling includes
account of his (a) rank, (b) age, or (c) dependencies, the foot of the staircase
sex, or and enclosure under the house.
(2) that it be committed in the
dwelling of the offended party, if the  The aggravating circumstance of
latter has not given provocation. dwelling requires that the crime be
wholly or partly committed therein or
 The four circumstances enumerated in any integral part thereof.
should be considered as one  Dwelling does not mean the
aggravating circumstance only. permanent residence or domicile of
 Disregard of rank, age or sex is the offended party or that he must be
essentially applicable only to crimes the owner thereof. He must, however,
against person or honor. They are not be actually living or dwelling therein
taken into account in crimes against even for a temporary duration or
property. purpose.
 To be appreciated as an aggravating
circumstance, there must be evidence  It is not necessary that the accused
that in the commission of the crime, should have actually entered the
the offender deliberately intended to dwelling of the victim to commit the
offend or insult the sex, age and rank offense; it is enough that the victim
of the offended party. was attacked inside his own house,
Rank of the offended party – is the although the assailant may have
designation or title of distinction used to devised means to perpetrate the
fix the relative position of the offended assault from without.
party in reference to others.

WHAT AGGRAVATES THE COMMISSION OF  There must exist a close relation

THE CRIME IN ONE’S DWELLING: between the provocation made by
1. The abuse of confidence which the the victim and the commission of
offended party reposed in the offender the crime by the accused.
by opening the door to him; or
2. The violation of the sanctity of the 5. The victim is not a dweller of the
home by trespassing therein with house.
violence or against the will of the
owner. Par. 4. – That the act be committed with
(1) abuse of confidence or
MEANING OF PROVOCATION IN THE (2) obvious ungratefulness.
AGGRAVATING CIRCUMSTANCE OF
DWELLING:  Par. 4 provides two aggravating
The provocation must be: circumstances which, if present in the
1. Given by the owner of the dwelling, same case and must be independently
2. Sufficient, and appreciated.
3. Immediate to the commission of the  While one may be related to the other
crime. in the factual situation in the case,
they cannot be lumped together as
 If all these conditions are present, the abuse of confidence requires a special
offended party is deemed to have confidential relationship between the
given the provocation, and the fact offender and the victim, but this is not
that the crime is committed in the so in ungratefulness.
dwelling of the offended party is not
an aggravating circumstance.
REASON: When it is the offended party REQUISITES OF ABUSE OF CONFIDENCE:
who has provoked the incident, he 1. That the offended party had trusted
loses his right to the respect and the offender.
consideration due him in his own 2. That the offender abused such trust by
house. committing a crime against the
offended party.
DWELLING IS NOT AGGRAVATING IN THE 3. That the abuse of confidence
FOLLOWING CASES: facilitated the commission of the
1. When both the offender and the crime.
offended party are occupants of the  Abuse of confidence is inherent in
same house, and this is true even if malversation (Art. 217), qualified theft
offender is a servant in the house. (Art. 310), estafa by conversion or
 EXCEPTION: In case of adultery in misappropriation (Art. 315), and
the conjugal dwelling, the same is qualified seduction (Art. 337).
aggravating. However, if the
paramour also dwells in the REQUISITES OF OBVIOUS
conjugal dwelling, the applicable UNGRATEFULNESS
aggravating circumstance is abuse 1. That the offended party had trusted
of confidence. the offender;
2. That the offender abused such trust by
2. When robbery is committed by the use committing a crime against the
of force upon things, dwelling is not offended party.
aggravating because it is inherent. 3. That the act be committed with
 But dwelling is aggravating in obvious ungratefulness.
robbery with violence against or
intimidation of persons because  The ungratefulness contemplated by
this class of robbery can be par. 4 must be such clear and manifest
committed without the necessity ingratitude on the part of the accused.
of trespassing the sanctity of the
offended party’s house. Par. 5 – That the crime be committed
(1) in the palace of the Chief
3. In the crime of trespass to dwelling, it Executive, or in his presence, or
is inherent or included by law in (2) where public authorities are
defining the crime. engaged in the discharge of their
duties, or
4. When the owner of the dwelling gave (3) in a place dedicated to
sufficient and immediate provocation. religious worship.

 Except for the third which requires  When the place of the crime is
that official functions are being illuminated by light, nighttime is not
performed at the time of the aggravating.
commission of the crime, the other
places mentioned are aggravating per GENERAL RULE: Nighttime is absorbed in
se even if no official duties or acts of treachery.
religious worship are being conducted EXCEPTION: Where both the treacherous
there. mode of attack and nocturnity were
deliberately decided upon in the same
 Cemeteries, however respectable they case, they can be considered separately if
may be, are not considered as place such circumstances have different factual
dedicated to the worship of God. bases. Thus:
 In People vs. Berdida, et. al. (June
PAR. 5. Where PAR. 2. Contempt 30, 1966), nighttime was
public authorities or insult to public considered since it was purposely
are engaged in authorities sought, and treachery was further
the discharge of appreciated because the victim’s
their duties hands and arms were tied together
In both before he was beaten up by the
Public authorities are in the performance of accused.
their duties  In People vs. Ong, et. al. (Jan. 30,
1975), there was treachery as the
Place where public duty is performed
In their office. Outside of their
victim was stabbed while lying
office. face up and defenseless, and
nighttime was considered upon
The offended party proof that it facilitated the
May or may not be Public authority
commission of the offense and was
the public authority should not be the
offended party taken advantage of by the
accused.
Par. 6. – That the crime be committed Uninhabited place (despoblado) – one

(1) in the nighttime, or where there are no houses at all; a place
(2) in an uninhabited place, or at a considerable distance from town, or
(3) by a band, whenever such where the houses are scattered at a great
circumstance may facilitate the distance from each other.
commission of the offense.
 What actually determines whether this
 When present in the same case and aggravating circumstance should be
their element are distinctly palpable considered against the accused, aside
and can subsist independently, they from the distance and isolation of the
shall be considered separately. place, is the reasonable possibility of
the victim receiving or securing aid
WHEN NIGHTTIME, UNINHABITED PLACE from third persons.
OR BAND AGGRAVATING:
1. When it facilitated the commission of Band (en cuadrilla) – whenever more than
the crime; or three (i.e., at least four) armed
2. When especially sought for by the malefactors shall have acted together in
offender to insure the commission of the commission of an offense, it shall be
the crime or for the purpose of deemed committed by a band.
impunity; or  The requisite four armed persons
3. When the offender took advantage contemplated in this circumstance
thereof for the purpose of impunity. must all be principals by direct
participation who acted together in
Nighttime (obscuridad) – that period of the execution of the acts constituting
darkness beginning at end of dusk and the crime.
ending at dawn. Nights are from sunset to
sunrise. If one of them was a principal by
inducement, there would be no
 It is necessary that the commission of cuadrilla but the aggravating
the crime was begun and completed at circumstance of having acted with the
nighttime. aid of armed men may be considered
against the inducer if the other two
acted as his accomplice.

Par. 6 “By a Par. 8. “With the

 This aggravating circumstance is band” aid of armed
absorbed in the circumstance of abuse men”
of superior strength. As to their number
 This aggravating circumstance is not Requires more than At least two
applicable in crimes against chastity. three armed
malefactors (i.e., at
Par. 7 – That the crime be committed on least four)
the occasion of a conflagration, As to their action
shipwreck, earthquake, epidemic or Requires that more This circumstance is
other calamity or misfortune. than three armed present even if one
malefactors shall of the offenders
have acted together merely relied on
REASON FOR THE AGGRAVATION: in the commission of their aid, for actual
The debased form of criminality met in an offense. aid is not necessary.
one who, in the midst of a great calamity,
instead of lending aid to the afflicted,
adds to their suffering by taking advantage  If there are four armed men, aid of
of their misfortune to despoil them. armed men is absorbed in employment
Therefore it is necessary that the offender of a band. If there are three armed
took advantage of the calamity or men or less, aid of armed men may be
misfortune. the aggravating circumstance.
 “Aid of armed men” includes “armed
Par. 8 – That the crime be committed women.”
with the aid of
(1) armed men or Par. 9 – That the accused is a recidivist.
(2)persons who insure or
afford impunity. REQUISITES:
1. That the offender is on trial for an
REQUISITES: offense;
1. That armed men or persons took part 2. That he was previously convicted by
in the commission of the crime, final judgment of another crime;
directly or indirectly. 3. That both the first and the second
2. That the accused availed himself of offenses are embraced in the same
their aid or relied upon them when the title of the Code;
crime was committed. 4. That the offender is convicted of the
new offense.
 This aggravating circumstance requires
that the armed men are accomplices MEANING OF “at the time of his trial for
who take part in that minor capacity one crime.”
directly or indirectly, and not when It is employed in its general sense,
they were merely present at the crime including the rendering of the judgment. It
scene. Neither should they constitute is meant to include everything that is done
a band, for then the proper in the course of the trial, from
aggravating circumstance would be arraignment until after sentence is
cuadrilla. announced by the judge in open court.
 Being an ordinary aggravating

WHEN THIS AGGRAVATING circumstance, recidivism affects only
CIRCUMSTANCE SHALL NOT BE the periods of a penalty, except in
CONSIDERED: prostitution and vagrancy (Art. 202)
1. When both the attacking party and the and gambling (PD 1602) wherein
party attacked were equally armed. recidivism increases the penalties by
2. When the accused as well as those degrees. No other generic aggravating
who cooperated with him in the circumstance produces this effect.
commission of the crime acted under
the same plan and for the same  In recidivism it is sufficient that the
purpose. succeeding offense be committed
after the commission of the preceding
offense provided that at the time of
his trial for the second offense, the
accused had already been convicted of
the first offense.

 If both offenses were committed on It is necessary that It is enough that a

the same date, they shall be the offender shall final judgment has
considered as only one, hence, they have served out his been rendered in
cannot be separately counted in order sentence for the the first offense.
first offense
to constitute recidivism. Also,
judgments of convicted handed down As to the kind of offenses involved
The previous and Requires that the
on the same day shall be considered as
subsequent offenses offenses be
only one conviction. must not be em included in the
REASON: Because the Code requires braced in the same same title of the
that to be considered as separate title of the Code. Code.
convictions, at the time of his trial for
one crime the accused shall have been
previously convicted by final judgment THE FOUR FORMS OF REPETITION ARE:
of the other.
 To prove recidivism, it is necessary to 1. Recidivism (par. 9, Art. 14) – where a
allege the same in the information and person, on separate occasions, is
to attach thereto certified copy of the convicted of two offenses embraced in the
sentences rendered against the same title in the RPC. This is a generic
accused. aggravating circumstance.
 Recidivism must be taken into account 2. Reiteracion or habituality (par. 10, Art.
no matter how many years have 14) – where the offender has been
intervened between the first and previously punished for an offense to
second felonies. which the law attaches an equal or greater
penalty or for two crimes to which it
 Even if the accused was granted a attaches a lighter penalty. This is a
pardon for the first offense, but he generic aggravating circumstance.
commits another felony embraced in
the same title of the Code, the first 3. Multi-recidivism or habitual delinquency
conviction is still counted to make him (Art. 62, par, 5) – where a person within a
a recidivist since pardon does not period of ten years from the date of his
obliterate the fact of his prior release or last conviction of the crimes of
conviction. serious or less serious physical injuries,
The rule is different in the case of robbery, theft, estafa or falsification, is
amnesty which theoretically considers found guilty of the said crimes a third time
the previous transgressions as not or oftener. This is an extraordinary
punishable. aggravating circumstance.
Par. 10 – That the offender has been 4. Quasi-recidivism (Art. 160) – Where a
previously punished for an offense to person commits felony before beginning to
which the law attaches an equal or serve or while serving sentence on a
greater penalty or for two or more previous conviction for a felony. This is a
crimes to which it attaches a lighter special aggravating circumstance.
penalty.
 Since reiteracion provides that the
REQUISITES of REITERACION or accused has duly served the sentence
HABITUALITY: for his previous conviction/s, or is
1. That the accused is on trial for an legally considered to have done so,
offense; quasi-recidivism cannot at the same
2. That he previously served sentence for time constitute reiteracion, hence this
another offense to which the law aggravating circumstance cannot apply
attaches an to a quasi-recidivist.
a) Equal or
b) Greater penalty, or  If the same set of facts constitutes
c) For two or more crimes to which it recidivism and reiteracion, the liability
attaches a lighter penalty than of the accused should be aggravated
that for the new offense; and by recidivism which can easily be
3. That he is convicted of the new proven.
offense
Par. 11 – That the crime be committed
REITERACION RECIDIVISM in consideration of a price, reward or
As to the first offense promise.

 When this aggravating circumstance is 2. An act manifestly indicating that the

present, there must be two or more culprit has clung to his determination;
principals, the one who gave or and
offered the price or promise and the 3. A sufficient lapse of time between the
one who accepted it, both of whom determination and execution, to allow
are principals. him to reflect upon the consequences
of his act and to allow his conscience
 If without previous promise it was to overcome the resolution of his will.
given voluntarily after the crime had
been committed as an expression of  To establish evident premeditation, it
his appreciation for the sympathy and must be shown that there was a period
aid shown by the other accused, it sufficient to afford full opportunity for
should not be taken into consideration meditation and reflection, a time
for the purpose of increasing the adequate to allow the conscience to
penalty. overcome the resolution of the will, as
well as outward acts showing the
 The price, reward or promise need not intent to kill. It must be shown that
consist of or refer to material things or the offender had sufficient time to
that the same were actually delivered, reflect upon the consequences of his
it being sufficient that the offer made act but still persisted in his
by the principal by inducement be determination to commit the crime.
accepted by the principal by direct (PEOPLE vs. SILVA, et. al., GR No.
participation before the commission of 140871, August 8, 2002)
the offense.
 The essence of evident premeditation
Par. 12 – That the crime be committed is that the execution of the criminal
by means of inundation, fire, poison, act is preceded by cool thought and
explosion, stranding of a vessel or reflection upon the resolution to carry
intentional damage thereto, derailment out the criminal intent within a space
of a locomotive, or by the use of any of time sufficient to arrive at a calm
other artifice involving great waste and judgment. (PEOPLE vs. ABADIES, GR
ruin. No. 135975, August 14, 2002)
 When another aggravating  Evident premeditation is presumed to

circumstance already qualifies the exist when conspiracy is directly
crime, any of these aggravating established. When conspiracy is
circumstances shall be considered as merely implied, evident premeditation
generic aggravating circumstance only. cannot be presumed, the latter must
be proved like any other fact. (PEOPLE
 A killing committed through any of vs. SAPIGAO, et. al., GR No. 144975,
these qualifies the crime to murder, June 18, 2003)
except if arson was resorted to but
without intent to kill, in view of P.D.  Premeditation is absorbed by reward
1613 which provides a specific penalty or promise.
for that situation.
 When the offender decides to kill a
PAR. 12 “by PAR. 10 “on the particular person and premeditated on
means of occasion of a the killing of the latter, but when he
inundation, fire, conflagration, carried out his plan he actually killed
etc.” shipwreck, etc. another person, it cannot properly be
The crime is The crime is said that he premeditated on the
committed by committed on the killing of the actual victim.
means of any such occasion of a
acts involving great calamity or  But if the offender premeditated on
waste or ruin. misfortune. the killing of any person, it is proper
to consider against the offender the
Par. 13 – That the act be committed aggravating circumstance of
with evident premeditation premeditation, because whoever is
killed by him is contemplated in his
REQUISITES: premeditation.
The prosecution must prove –
1. The time when the offender Par. 14 – That (1) craft, (2) fraud, or (3)
determined to commit the crime; disguise be employed

 The test of disguise is whether the

Craft (astucia) – involved the use of device or contrivance resorted to by
intellectual trickery or cunning on the part the offender was intended to or did
of the accused. make identification more difficult,
- it is a chicanery such as the use of a mask or false hair
resorted to by the accused to aid in the or beard.
execution of his criminal design. It is
employed as a scheme in the execution of  The use of an assumed name in the
the crime. publication of a libel constitutes
disguise.
Fraud (fraude) – insidious words or
machinations used to induce the victim to Par. 15 – That (1) advantage be taken of
act in a manner which would enable the superior strength, or (2) means be
offender to carry out his design. employed to weaken the defense.
FRAUD CRAFT  Par. 15 enunciates two aggravating

Where there is a The act of the circumstances, namely, that
direct inducement accused done in advantage was taken of superior
by insidious words order not to arouse strength, or that means were
or machinations, the suspicion of the employed by the offender to weaken
fraud is present. victim constitutes the defense of the victim, either of
craft.
which qualifies a killing to murder.
 According to Justice Regalado, the MEANING OF “advantage be taken”:

fine distinctions between “craft” and To deliberately use excessive force that is
“fraud” would not really be called for out of proportion to the means for self-
as these terms in Art. 14 are variants defense available to the person attacked.
of means employed to deceive the (PEOPLE vs. LOBRIGAS, et. al., GR No.
victim and if all are present in the 147649, December 17, 2002)
same case, they shall be applied as a
single aggravating circumstance.
 Craft and fraud may be absorbed in NO ADVANTAGE OF SUPERIOR STRENGTH

treachery if they have been IN THE FOLLOWING:
deliberately adopted as the means, 1. One who attacks another with passion
methods or forms for the treacherous and obfuscation does not take
strategy, or they may co-exist advantage of his superior strength.
independently where they are adopted 2. When a quarrel arose unexpectedly
for a different purpose in the and the fatal blow was struck at a
commission of the crime. time when the aggressor and his victim
were engaged against each other as
 For instance: man to man.
 In People vs. San Pedro (Jan. 22,
1980), where the accused  For abuse of superior strength, the
pretended to hire the driver in test is the relative strength of the
order to get his vehicle, it was offender and his victim, whether or
held that there was craft directed not he took advantage of his greater
to the theft of the vehicle, strength.
separate from the means
subsequently used to treacherously  When there are several offenders
kill the defenseless driver. participating in the crime, they must
 In People vs. Masilang (July 11, all be principals by direct participation
1986) there was also craft where and their attack against the victim
after hitching a ride, the accused must be concerted and intended to be
requested the driver to take them so.
to a place to visit somebody, when
in fact they had already planned  Abuse of superior strength is inherent
to kill the driver. in the crime of parricide where the
husband kills the wife. It is generally
Disguise (disfraz) – resorting to any accepted that the husband is
device to conceal identity. physically stronger than the wife.

 Abuse of superior strength is also Treachery (alevosia) – is present when

present when the offender uses a the offender commits any of the crimes
weapon which is out of proportion to against person, employing means, methods
the defense available to the offended or forms in the execution thereof which
party. tend directly and specially to insure its
execution, without risk to himself arising
“by a band” “abuse of from the defense which the offended party
superior might make.
strength”
The element of The gravamen of
band is appreciated abuse of superiority
when the offense is is the taking REQUISITES OF TREACHERY:
committed by more advantage by the 1. That at the time of the attack, the
than three armed culprits of their victim was not in a position to defend
malefactors collective strength
himself; and
regardless of the to overpower their
comparative relatively weaker 2. That the offender consciously adopted
strength of the victim or victims. the particular means, method or form
victim or victims. of attack employed by him.
Hence, what is
taken into account  The test of treachery is not only the
here is not the relative position of the parties but,
number of more specifically, whether or not the
aggressors nor the victim was forewarned or afforded the
fact that they are opportunity to make a defense or to
armed, but their
relative physical
ward off the attack.
strength vis-a vis
the offended party. RULES REGARDING TREACHERY:
1. Applicable only to crimes against
 Abuse of superior strength absorbs persons.
cuadrilla (“band”). 2. Means, methods or forms need not
insure accomplishment of crime.
“Means employed to weaken defense” - 3. The mode of attack must be
the offender employs means that consciously adopted.
materially weakens the resisting power of
the offended party.  Treachery is taken into account even if
the crime against the person is
EXAMPLES OF “means employed to complexed with another felony
weaken defense” involving a different classification in
1. Where one, struggling with another, the Code. Accordingly, in the special
suddenly throws a cloak over the head complex crime of robbery with
of his opponent and while in this homicide, treachery but can be
situation he wounds or kills him. appreciated insofar as the killing is
2. One who, while fighting with another, concerned.
suddenly casts sand or dirt upon the  The suddenness of attack does not, of
latter eyes and then wounds or kills itself, suffice to support a finding of
him. alevosia, even if the purpose was to
3. When the offender, who had the kill, so long as the decision was made
intention to kill the victim, made the all of a sudden and the victim’s
deceased intoxicated, thereby helpless position was accidental.
materially weakening the latter’s  Treachery must be appreciated in the
resisting power. killing of a child even if the manner of
attack is not shown. It exists in the
 This circumstance is applicable only to commission of the crime when the
crimes against persons, and sometimes adult person illegally attacks a child of
against person and property, such as tender years and causes his death.
robbery with physical injuries or
homicide. WHEN MUST TREACHERY BE PRESENT:
When the aggression is continuous,
Par. 16 – That the act be committed treachery must be present in the beginning
with treachery (alevosia). of the assault. (PEOPLE vs. MANALAD, GR
No. 128593, August 14, 2002)
 Thus, even if the deceased was
shot while he was lying wounded

on the ground, it appearing that ignominy to the natural effects of the

the firing of the shot was a mere act.
continuation of the assault in
which the deceased was wounded, Ignominy – is a circumstance pertaining to
with no appreciable time the moral order, which adds disgrace and
intervening between the delivery obloquy to the material injury caused by
of the blows and the firing of the the crime.
shot, it cannot be said that the
crime was attended by treachery. MEANING OF “which add ignominy to the
natural effects thereof”
The means employed or the
When the assault was not continuous, in circumstances brought about must tend to
that there was interruption, it is sufficient make the effects of the crime more
that treachery was present at the moment humiliating to victim or to put the
the fatal blow was given. offended party to shame, or add to his
 Hence, even though in the moral suffering. Thus it is incorrect to
inception of the aggression which appreciate ignominy where the victim was
ended in the death of the already dead when his body was
deceased, treachery was not dismembered, for such act may not be
present, if there was a break in considered to have added to the victim’s
the continuity of the aggression moral suffering or humiliation. (People vs.
and at the time of the fatal Carmina, G.R. No. 81404, January 28,
wound was inflicted on the 1991)
deceased he was defenseless, the
circumstance of treachery must be  Applicable to crimes against chastity,
taken into account. less serious physical injuries, light or
grave coercion, and murder.
ALEVOSIA SHOULD BE CONSIDERED EVEN
IF: Par. 18 – That the crime be committed
1. The victim was not predetermined but after an unlawful entry.
there was a generic intent to
treacherously kill any first two persons Unlawful entry – when an entrance is
belonging to a class. (The same rule effected by a way not intended for the
obtains for evident premeditation). purpose.
2. There was aberratio ictus and the
bullet hit a person different from that  Unlawful entry must be a means to
intended. (The rule is different in effect entrance and not for escape.
evident premeditation).
3. There was error in personae, hence REASON FOR AGGRAVATION:
the victim was not the one intended One who acts, not respecting the walls
by the accused. (A different rule is erected by men to guard their property
applied in evident premeditation). and provide for their personal safety,
REASON FOR THE RULE: When there shows a greater perversity, a greater
is treachery, it is impossible for either audacity; hence, the law punishes him
the intended victim or the actual with more severity.
victim to defend himself against the
aggression. Par. 19 – That as a means to the
commission of a crime, a wall, roof,
floor, door, or window be broken.
 This circumstance is aggravating only

TREACHERY ABSORBS: in those cases where the offender
1. Craft resorted to any of said means to enter
2. Abuse of superior strength the house. If the wall, etc., is broken
3. Employing means to weaken the in order to get out of the place, it is
defense not an aggravating circumstance.
4. Cuadrilla (“band”) PAR. 19 PAR. 18
5. Aid of armed men It involves the Presupposes that
6. Nighttime breaking there is no such
(rompimiento) of breaking as by entry
Par. 17 – That means be employed or the enumerated through the
circumstances brought about which add parts of the house. window.

 If the offender broke a window to 2. That the other wrong be unnecessary

enable himself to reach a purse with for the execution of the purpose of the
money on the table near that window, offender.
which he took while his body was
outside of the building, the crime of  Cruelty is not inherent in crimes
theft was attended by this aggravating against persons. In order for it to be
circumstance. It is not necessary that appreciated, there must be positive
the offender should have entered the proof that the wounds found on the
building. body of the victim were inflicted while
he was still alive in order
Par. 20 – That the crime be committed unnecessarily to prolong physical
(1) with the aid of persons under suffering.
fifteen years of age, or
(2) by means of motor vehicles,  If the victim was already dead when
airships, or other similar means. the acts of mutilation were being
performed, this would also qualify the
TWO DIFFERENT CIRCUMSTANCES killing to murder due to outraging of
GROUPED IN THIS PARAGRAPH: his corpse.
1. With the aid of persons under fifteen
years of age: IGNOMINY CRUELTY (PAR.
 Tends to repress, so far as (PAR.17) 21)
possible, the frequent practice Involves moral Refers to physical
resorted to by professional suffering suffering
criminals to avail themselves of
minors taking advantage of their  Unlike mitigating circumstances (par.
irresponsibility. 10, Art. 13), there is no provision for
2. By means of motor vehicles, airships, aggravating circumstances of a similar
or other similar means: or analogous character.
 Intended to counteract the great
facilities found by modern  ART. 15 – ALTERNATIVE
criminals in said means to commit CIRCUMSTANCES
crime and flee and abscond once
the same is committed. Alternative circumstances – are those
 Use of motor vehicle is aggravating which must be taken into consideration as
where the accused purposely and aggravating or mitigating according to the
deliberately used the motor nature and effects of the crime and the
vehicle in going to the place of the other conditions attending its commission.
crime, in carrying away the effects
thereof, and in facilitating their BASIS:
escape. The nature and effects of the crime and
the other conditions attending its
MEANING OF “or other similar means” commission.
Should be understood as referring to
motorized vehicles or other efficient THE ALTERNATIVE CIRCUMSTANCES ARE:
means of transportation similar to 1. Relationship;
automobile or airplane. 2. Intoxication; and
3. Degree of instruction and education of
Par. 21 – That the wrong done in the the offender.
commission of the crime be deliberately
augmented by causing other wrong not RELATIONSHIP
necessary for its commission. The alternative circumstance of
relationship shall be taken into
Cruelty – there is cruelty when the culprit consideration when the offended party is
enjoys and delights in making his victim the –
suffer slowly and gradually, causing a) Spouse,
unnecessary physical pain in the b) Ascendant,
consummation of the criminal act. c) Descendant,
d) Legitimate, natural, or adopted
REQUISITES OF CRUELTY: brother or sister, or
1. That the injury caused be deliberately e) Relative by affinity in the same
increased by causing other wrong; degree of the offender.

OTHER RELATIVES INCLUDED: 3. In crimes against chastity, like acts of

1. The relationship of stepfather or lasciviousness (Art. 336), relationship
stepmother and stepson or is always aggravating, regardless of
stepdaughter. whether the offender is a relative of a
REASON: It is the duty of the higher or lower degree of the offended
stepparents to bestow upon their party.
stepchildren a mother’s/father’s
affection, care and protection.  When the qualification given to the
2. The relationship of adopted parent crime is derived from the relationship
and adopted child. between the offender and the
 But the relationship of uncle and niece offended party, it is neither mitigating
is not covered by any of the nor aggravating, because it is
relationship mentioned. inseparable from and inherent in the
offense. (e.g. parricide, adultery and
WHEN RELATIONSHIP MITIGATING AND concubinage).
WHEN AGGRAVATING:
1. As a rule, relationship is mitigating in WHEN INTOXICATION MITIGATING AND
crimes against property, by analogy to WHEN AGGRAVATING:
the provisions of Art. 332. 1. Mitigating –
 Thus, relationship is mitigating in i. If intoxication is not habitual, or
the crimes of robbery (Arts. 294- ii. If intoxication is not subsequent to
302), usurpation (Art. 312), the plan to commit a felony.
fraudulent insolvency (Art. 314) 2. Aggravating –
and arson (Arts. 321-322, 325- i. If intoxication is habitual, or
326). ii. If it is intentional (subsequent to
the plan to commit a felony).
2. In crimes against persons –
a) It is aggravating where the TO BE ENTITLED TO THE MITIGATING
offended party is a relative of CIRCUMSTANCE OF INTOXICATION, IT
I. a higher degree than the MUST BE SHOWN:
offender, or 1. That at the time of the commission of
II. when the offender and the the criminal act, the accused has
offended party are relatives of taken such quantity of alcoholic drinks
the same level (e.g. brothers) as to blur his reason and deprive him
b) But when it comes to physical of a certain degree of control, and
injuries: 2. That such intoxication is not habitual,
i. It is aggravating when the or subsequent to the plan to commit
crime involves serious physical the felony.
injuries (Art. 263), even if the  To be mitigating, the accused’s state
offended party is a descendant of intoxication must be proved. Once
of the offender. But the intoxication is established by
serious physical injuries must satisfactory evidence, in the absence
not be inflicted by a parent of proof to the contrary, it is
upon his child by excessive presumed to be non-habitual or
chastisement. unintentional.
ii. It is mitigating when the
offense committed is less Instruction or education
serious physical injuries or – as an alternative circumstance,
slight physical injuries, if the does not refer only to literary but more to
offended party is a relative of the level of intelligence of the accused.
a lower degree. - refers to the lack of sufficient
iii. It is aggravating if the intelligence and knowledge of the full
offended party is a relative of significance of one’s acts.
a higher degree of the - Low degree of instruction and
offender. education or lack of it is generally
c) When the crime is homicide or mitigating. High degree of instruction and
murder, relationship is aggravating education is aggravating, when the
even if the victim of the crime is a offender took advantage of his learning in
relative of a lower degree. committing the crime.
d) In rape, relationship is aggravating
where a stepfather raped his GENERAL RULE: Lack of sufficient
stepdaughter or in a case where a education is mitigating.
father raped his own daughter. EXCEPTIONS:

1. Crimes against property (e.g. arson, the imputation tends to blacken the
estafa, theft, robbery) memory of one who is dead.
2. Crimes against chastity, and
3. Treason – because love of country  This article applies only when the
should be a natural feeling of every offenders are to be judged by their
citizen, however unlettered or individual, and not collective, liability.
uncultured he may be.
 ART. 17 PRINCIPALS
TITLE TWO: PERSONS CRIMINALLY LIABLE
FOR FELONIES THE FOLLOWING ARE PRINCIPALS:
 ART. 16 – WHO ARE CRIMINALLY 1. Those who take a direct part in the
LIABLE execution of the act (PRINCIPAL BY
DIRECT PARTICIPATION)
FOR GRAVE AND LESS GRAVE FELONIES 2. Those who directly force or induce
1. Principals others to commit it (PRINCIPAL BY
2. Accomplices INDUCTION)
3. Accessories 3. Those who cooperate in the
commission of the offense by another
FOR LIGHT FELONIES act without which it would not have
1. Principals been accomplished (PRINCIPAL BY
2. Accomplices INDISPENSABLE COOPERATION).
 Accessories are not liable for light Par. 1 – Principals by direct

felonies. participation
REASON: In the commission of light
felonies, the social wrong as well as REQUISITES:
the individual prejudice is so small 1. That they participated in the criminal
that penal sanction is deemed not resolution; and
necessary for accessories. 2. That they carried out their plan and
personally took part in its execution
 The classification of the offenders as by acts which directly tended to the
principal, accomplice, or an accessory same end.
is essential under the RPC. The
classification maybe applied to special MEANING OF “personally took part in its
laws only if the latter provides for the execution”
same graduated penalties as those That the principal by direct participation
provided under the RPC. must be at the scene of the commission of
the crime, personally taking part in its
TWO PARTIES IN ALL CRIMES execution.
1. Active subject (the criminal) Par. 2 – Principals by induction

 Art. 16 enumerates the active
subjects of the crime. REQUISITES
2. Passive subject (the injured party) 1. That the inducement be made directly
 Is the holder of the injured right: with the intention of procuring the
the man, the juristic person, the commission of the crime; and
group, and the State. 2. That such inducement be the
determining cause of the commission
 Only natural persons can be the active of the crime by the material executor.
subject of crime because of the highly
personal nature of the criminal  One cannot be held guilty of having
responsibility. instigated the commission of the crime
without first being shown that the
 However, corporation and partnership crime was actually committed (or
can be a passive subject of a crime. attempted) by another.
Thus, there can be no principal by
 Corpses and animals cannot be passive inducement (or by indispensable
subjects because they have no rights cooperation) unless there is a principal
that may be injured. by direct participation. But there can
EXCEPTION: Under Art. 253, the crime be a principal by direct participation
of defamation may be committed if

without a principal by inducement (or

by indispensable cooperation). Becomes liable only The mere proposal
when the crime is to commit a felony is
TWO WAYS OF BECOMING PRINCIPAL BY committed by the punishable in
principal by direct treason or rebellion.
INDUCTION:
participation. However, the person
1. By directly forcing another to commit to whom the
a crime by – proposal is made
a) Using irresistible force. should not commit
b) Causing uncontrollable fear. the crime,
 In these cases, there is no otherwise, the
conspiracy, not even a unity of proponent becomes
criminal purpose and intention. a principal by
Only the one using the force or inducement.
causing the fear is criminally What kind of crime involved
liable. The material executor is
Involves any crime The proposal to be
not criminally liable because of
punishable must
Art. 12, pars. 5 and 6 (exempting involve only treason
circumstances) or rebellion.
2. By directly inducing another to commit
a crime by –
a) Giving of price, or offering of EFFECTS OF ACQUITTAL OF PRINCIPAL
reward or promise. BY DIRECT PARTICIPATION UPON
 The one giving the price or LIABILITY OF PRINCIPAL BY INDUCEMENT:
offering the reward or promise 1. Conspiracy is negatived by the
is a principal by inducement acquittal of co-defendant.
while the one committing the 2. One cannot be held guilty of having
crime in consideration thereof instigated the commission of a crime
is a principal by direct without first being shown that the
participation. There is crime has been actually committed by
collective criminal another.
responsibility.  But if the one charged as principal
b) Using words of command by direct participation is acquitted
 The person who used the because he acted without criminal
words of command is a intent or malice, his acquittal is
principal by inducement while not a ground for the acquittal of
the person who committed the the principal by inducement.
crime because of the words of REASON FOR THE RULE: In
command is a principal by exempting circumstances, such as
direct participation. There is when the act is not voluntary
also collective criminal because of lack of intent on the
responsibility. part of the accused, there is a
crime committed, only that the
 The inducement must precede the act accused is not a criminal.
induced and must be so influential in
producing the criminal act that Par. 3 – Principal by indispensable
without it, the act would not have cooperation
been performed.
REQUISITES:
 If the person who actually committed 1. Participation in the criminal
the crime had reason of his own to resolution, that is, there is either
commit the crime, it cannot be said anterior conspiracy or unity of criminal
that the inducement was influential in purpose and intention immediately
producing the criminal act. before the commission of the crime
charged; and
2. Cooperation in the commission of the
PRINCIPAL BY OFFENDER WHO offense by performing another act,
INDUCEMENT MADE PROPOSAL without which it would not have been
TO COMMIT A accomplished.
FELONY
In both
There is an inducement to commit a crime

When liable

MEANING OF “cooperation in the simultaneous acts, with the intention

commission of the offense” of supplying material or moral aid in
Means to desire or wish in common a the execution of the crime in an
thing. But that common will or purpose efficacious way; and
does not necessarily mean previous 3. That there be a relation between the
understanding, for it can be explained or acts done by the principal and those
inferred from the circumstances of each attributed to the person charged as an
case. accomplice.
 If the cooperation is not indispensable,  Before there could be an accomplice,

the offender is only an accomplice. there must be a principal by direct
participation.
 The person charged as an accomplice
COLLECTIVE CRIMINAL RESPONSIBILITY should not have inflicted a mortal
 This is present when the offenders are wound. If he inflicted a mortal wound,
criminally liable in the same manner he becomes a principal by direct
and to the same extent. The penalty participation.
to be imposed must be the same for  In case of doubt, the participation of
all. the offender will be considered that of
 Principals by direct participation have an accomplice rather than that of a
collective criminal responsibility. principal.
Principals by induction, except those
who directly forced another to commit
a crime, and principals by direct  ART. 19 ACCESSORIES
participation have collective criminal Accessories are those who –
responsibility. Principals by - having knowledge of the commission of
indispensable cooperation have the crime, and
collective criminal responsibilities with - without having participated therein
the principals by direct participation. either as principals or accomplices,
take part subsequent to its commission
INDIVIDUAL CRIMINAL RESPONSIBILITY in any of the following acts:
 In the absence of any previous
conspiracy, unity of criminal purpose 1. By profiting themselves or assisting the
and intention immediately before the offender to profit by the effects of the
commission of the crime, or crime.
community of criminal design, the 2. Assisting the offender to profit by the
criminal responsibility arising from effects of the crime.
different acts directed against one and 3. By concealing or destroying the body
the same person is individual and not of the crime to prevent its discovery.
collective, and each of the
participants is liable only for the act  In profiting by the effects of the
committed by him. crime, the accessory must receive the
property from the principal. He should
not take it without the consent of the
 ART. 18 ACCOMPLICES principal. If he took it without the
Accomplices are persons who, not acting consent of the principal, he is not an
as principals, cooperate in the execution accessory but a principal in the crime
of the offense by previous and of theft.
simultaneous acts, which are not
indispensable to the commission of the TWO CLASSES OF ACCESSORIES
crime. CONTEMPLATED IN PAR. 3 OF ART. 19
a) Public officers who harbor, conceal or
They act as mere instruments who perform assist in the escape of the principal of
acts not essential to the perpetration of any crime (not light felony) with abuse
the offense. of his public functions.
REQUISITES: Requisites:
1. That there be community of design; 1. The accessory is a public officer.
that is, knowing the criminal design of 2. He harbors, conceals, or assists in
the principal by direct participation, the escape of the principal.
he concurs with the latter his purpose; 3. The public officer acts with abuse
2. That he cooperates in the execution of of his public functions.
the offense by previous or

4. The crime committed by the  Where the accused misleads the

principal is any crime, provided it authorities by giving them false
is not a light felony. information, such act is equivalent to
concealment and he should be held as
b) Private persons who harbor, conceal or an accessory.
assist in the escape of the author of
the crime who is guilty of treason,
parricide, murder, or attempts against Anti-Fencing Law of 1979
the life of the President, or who is Pres. Decree 1612
known to be habitually guilty of some Fencing – is an act, with intent to gain, of
other crime. buying, selling, receiving, possessing,
keeping, or in any other manner dealing in
Requisites: anything of value which a person knows or
1. The accessory is a private person. should have known to be derived from the
2. He harbors, conceals or assists in proceeds of the crime of robbery or theft.
the escape of the author of the
crime. Fence – is a person who commits the act of
3. The crime committed by the fencing. A fence who receives stolen
principal is either: property as above-provided is not an
i. Treason, accessory but a principal in the crime
ii. Parricide, defined in and punished by the Anti-
iii. Murder, Fencing Law.
iv. An attempt against the life of Mere possession of anything of value which
the President, or has been the subject of robbery or theft
v. That the principal is known to be shall be prima facie evidence of fencing.
habitually guilty of some other
crime.
 ART. 20 – ACCESSORIES WHO ARE
 Where the alleged principal is EXEMPT FROM CRIMINAL LIABLITY
acquitted, it is neither proper nor
possible to convict the defendant as  The exemption provided for in this
an accessory. The responsibility of the article is based on the ties of blood
accessory is subordinate to that of the and the preservation of the cleanliness
principal in a crime of one’s name, which compels one to
HOWEVER, conviction of an conceal crimes committed by relatives
accessory is possible notwithstanding so near as those mentioned in this
the acquittal of the principal, if the article.
crime was in fact committed, but the
principal was not held liable, because AN ACCESSORY IS EXEMPT FROM CRIMINAL
of an exempting circumstance (Art. LIABLITY WHEN THE PRINCIPAL IS HIS –
12), such as insanity or minority. 1. spouse, or
2. ascendant, or
 Neither the letter nor the spirit of the 3. descendant, or
law requires that the principal be 4. legitimate, natural or adopted
convicted before one may be punished brother, sister or relative by affinity
as an accessory. As long as the corpus within the same degree.
delicti is proved and the accessory’s
participation as such is shown, he can ACCESSORY IS NOT EXEMPT FROM
be held criminally responsible and CRIMINAL LIABILITY EVEN IF THE
meted out the corresponding penalty PRINCIPAL IS RELATED TO HIM, IF SUCH
(Inovero vs. Coronel, CA, 65 O.G. ACCESSORY –
3160). 1. profited by the effects of the crime,
or
 The prescribed acts of the accessory 2. assisted the offender to profit by the
under par. 2 must have been intended effects of the crime.
to prevent the discovery of the crime, REASON: Because such acts are prompted
hence, mere silence does not make not by affection but by a detestable
one an accessory. If, however, the greed.
crime involved is a conspiracy to
commit treason, his silence may hold  Public officer contemplated in par. 3
him liable for misprision of treason of Art. 19 is exempt by reason of
(Art. 116) but as a principal thereof. relationship to the principal, even if

such public officer acted with abuse of 2. Self-defense – so as to protect society

his official functions. from the threat and wrong inflicted by
REASON: Ties of blood or relationship the criminal.
constitutes a more powerful incentive
than the call of duty. 3. Reformation – the object of
punishment in criminal cases is to
P.D. 1829 penalizes the act of any person correct and reform the offender.
who knowingly or willfully obstructs,
impedes, frustrates or delays the 4. Exemplarity – the criminal is punished
apprehension of suspects and the to serve as an example to deter others
investigation and prosecution of criminal from committing crimes.
cases.
5. Justice – that crime must be punished
 The benefits of the exception in Art. by the State as an act of retributive
20 do not apply to PD 1829. justice, a vindication of absolute right
and moral law violated by the
TITILE THREE: PENALTIES criminal.
Chapter One: Penalties in General (Arts. THREE-FOLD PURPOSE OF PENALTY

21-24) UNDER THE CODE:
1. Retribution or expiation – the penalty
Penalty – is the suffering that is inflicted is commensurate with the gravity of
by the State for the transgression of the the offense.
law. 2. Correction or reformation – shown by
the rules which regulate the execution
DIFFERENT JURIDICAL CONDITIONS OF of the penalties consisting in
PENALTY deprivation of liberty.
1. Must be productive of suffering, 3. Social defense – shown by its inflexible
without however affecting the severity to recidivists and habitual
integrity of the human personality. delinquents.
2. Must be commensurate with the
offense – different crimes must be
punished with different penalties.  ART. 21 – PENALTIES THAT MAY BE
3. Must be personal – no one should be IMPOSED
punished for the crime of another.
4. Must be legal – it is the consequence of A felony shall be punishable only
a judgment according to law. by the penalty prescribed by law at the
5. Must be certain – no one may escape time of its commission.
its effects.  It is a guaranty to the citizen of
6. Must be equal for all. this country that no acts of his,
7. Must be correctional. will be considered criminal until
the Government has made it so by
PURPOSE OF THE STATE IN PUNISHING law and has provided a penalty.
CRIMES  REASON: Because a law cannot be
The State has an existence of its own to rationally obeyed unless it is first
maintain, a conscience to assert, and shown, and a man cannot be
moral principles to be vindicated. Penal expected to obey an order that
justice must therefore be exercised by the has not been given.
State in the service and satisfaction of a
duty, and rests primarily on the moral
rightfulness of the punishment inflicted.  ART. 22 – RETROACTIVE EFFECT OF
PENAL LAWS
 The basis of the right to punish
violations of penal law is the police  GENERAL RULE: Penal laws are applied
power of the State. prospectively.
EXCEPTION: When retrospective
THEORIES JUSTIFYING PENALTY: application will be favorable to the
1. Prevention – to prevent or suppress the person guilty of a felony; Provided
danger to the State arising from the that:
criminal act of the offender.
1. The offender is NOT a habitual
criminal (delinquent) under Art. 62(5);

2. The new or amendatory law does NOT provide more favorable conditions to
provide against its retrospective the accused.
application.
Criminal liability under the repealed law
Habitual delinquent – a person who, subsists:
within a period of ten years from the date 1. When the provisions of the former law
of his release or last conviction of the are reenacted; or
crimes of serious or less serious physical  The right to punish offenses
injuries, robbery, theft, estafa, or committed under an old penal law
falsification, is found guilty of any said is not extinguished if the offenses
crimes a third time or oftener. are still punishable in the
repealing penal law.
EX POST FACTO LAW 2. When the repeal is by implication; or
An act which when committed was not a  When a penal law, which impliedly
crime, cannot be made so by statute repealed an old law, is itself
without violating the constitutional repealed, the repeal of the
inhibition as to ex post facto laws. An ex repealing law revives the prior
post facto law is one which: penal law, unless the language of
1. Makes criminal an act done before the the repealing statute provides
passage of the law and which was otherwise.
innocent when done;  If the repeal is absolute, criminal
2. Aggravates a crime, or makes it liability is obliterated.
greater than it was, when committed; 3. When there is a saving clause.
3. Changes the punishment and inflicts a
greater punishment than the law
annexed to the crime when  ART. 23- EFFECT OF PARDON BY THE
committed; OFFENDED PARTY
4. Alters the legal rules of evidence, and
authorizes conviction upon a less or GENERAL RULE – Pardon by the offended
different testimony than the law party does not extinguish the criminal
required at the time of the commission liability of the offender. REASON: A crime
of the offense; committed is an offense against the State.
5. Assumes to regulate civil rights and Only the Chief Executive can pardon the
remedies only, in effect imposing a offenders.
penalty or deprivation of a right for
something which when done was EXCEPTION - Pardon by the offended
lawful; and party will bar criminal prosecution in the
6. Deprives a person accused of a crime following crimes:
of some lawful protection to which he
has become entitled, such as the Adultery and Concubinage (Art.
protection of a former conviction or 344, RPC)
acquittal, or a proclamation of – EXPRESS or IMPLIED pardon must
amnesty. be given by offended party to BOTH
offenders.
 If retroactive effect of a new law is - Pardon must be given PRIOR to
justified, it shall apply to the institution of criminal action.
defendant even if he is:
1. presently on trial for the offense; Seduction, Abduction, Acts of
2. has already been sentenced but Lasciviousness (Art. 344, RPC)
service of which has not begun; or
3. already serving sentence
– EXPRESS pardon given by
 The retroactive effect of criminal offended party or her parents or
statutes does not apply to the culprit’s grandparents or guardian
civil liability. - Pardon must be given PRIOR to
REASON: The rights of offended the institution of the criminal action.
persons or innocent third parties are However, marriage between the offender
not within the gift of arbitrary disposal and the offended party EVEN AFTER the
of the State. institution of the criminal action or
conviction of the offender will extinguish
 The provisions of Art. 22 are the criminal action or remit the penalty
applicable even to special laws which already imposed against the offender, his

co-principals, accomplices and accessories 2. The commitment of a minor to any of

after the fact. the institutions mentioned in Art. 80
(now Art. 192, PD No. 603) and for the
Rape (as amended by R.A. 8353) purposes specified therein.
- The subsequent valid marriage 3. Suspension from the employment or
between the offender and the offended public office during the trial or in
party shall extinguish criminal liability or order to institute proceedings.
the penalty imposed. In case the legal 4. Fines and other corrective measures
husband is the offender, subsequent which, in the exercise of their
forgiveness by the wife as offended party administrative or disciplinary powers,
shall also produce the same effect. superior officials may impose upon
their subordinates.
 Pardon by the offended party under 5. Deprivation of rights and the
Art. 344 is ONLY A BAR to criminal reparations which the civil law may
prosecution; it is NOT a ground for establish in penal form.
extinguishment of criminal liability.
 Nevertheless, civil liability may be

extinguished by the EXRESS WAIVER of
the offended party.
Reasons why they are not penalties:

1. Because they are not imposed as a
result of judicial proceedings. Those
mentioned in paragraphs 1, 3 and 4
are merely preventive measures
before conviction of offenders.
2. The offender is not subjected to or
AN OFFENSE CAUSES made to suffer these measures in
TWO CLASSES OF INJURIES: expiation of or as punishment for a
SOCIAL INJURY PERSONAL INJURY crime.
Produced by the Caused to the victim
disturbance and of the crime who  Par. 1 does not refer to the
alarm which are the suffered damage confinement of an insane or imbecile
outcome of the either to his person, who has not been arrested for a crime.
offense. to his property, to his
It refers to “accused persons” who are
honor or to her
chastity.
detained “by reason of insanity or
imbecility.”
Is sought to be Is repaired through
repaired through indemnity.  Paragraphs 3 and 4 refer to
the imposition of administrative suspension and
the corresponding administrative fines and not to
penalty. suspension or fine as penalties for
The offended party The offended party violations of the RPC.
cannot pardon the may waive the
offender so as to indemnity and the  The deprivations of rights established
relieve him of the State has no reason to in penal form by the civil laws is
penalty. insist in its payment. 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,
 ART. 24 – MEASURES OF PREVENTION
in accordance with Art. 332 of the
OR SAFETY WHICH ARE NOT CONSIDERED
Civil Code.
PENALTIES
 Where a minor offender was
THE FOLLOWING ARE NOT CONSIDERED
committed to a reformatory pursuant
AS PENALTIES:
to Art. 80 (now, PD 603), and while
1. The arrest and temporary detention of
thus detained he commits a crime
accused persons, as well as their
therein, he cannot be considered a
detention by reason of insanity or
quasi-recidivist since his detention was
imbecility, or illness requiring their
only a preventive measure, whereas a
confinement in a hospital.
quasi-recidivism presupposes the
commission of a crime during the

service of the penalty for a previous 4. Deprivation of rights

crime. (disqualification and suspension).
5. Pecuniary (fine).
Chapter Two: Classification of Penalties  Perpetual or temporary absolute

(Arts. 25-26) disqualification, perpetual or
temporary special disqualification, and
 ART. 25 – PENALTIES WHICH MAY BE suspension may be principal or
IMPOSED accessory penalties.
EXAMPLES:
 The scale in Art. 25 is only a general I. Perpetual absolute
classification of penalties based on disqualification is a principal
their severity, nature and subject penalty in prevaricacion (Art.
matter. 204) and perpetual special
disqualification, in malversation
 The scale of penalties in Art. 70 is (Art. 217).
provided for successive service of II. Temporary absolute
sentences imposed on the same disqualification is a principal
accused, in consideration of their penalty when the accessory acts
severity and natures. with abuse of public functions
 The scales in Art. 71 are for the (Art, 19[3] and Art. 58) and
purpose of graduating the penalties by temporary special
degrees in accordance with the rules disqualification, in direct bribery
in Art. 61. (Art. 206).
III. Suspension is a principal penalty
CLASSIFICATION OF PENALTIES UNDER in rendition of unjust
ARTICLE 25: interlocutory orders (Art. 206).
a) Based on their severity or gravity
1. Capital,
2. Afflictive,  Bond to keep the peace is imposed
3. Correctional, only in the crime of threats (Art. 284),
4. Light either grave (Art. 282) or light (Art.
 This classification corresponds to 283).
the classification of felonies in
Art. 9, into grave, less grave and
light.  ART. 26 FINE – WHEN AFFLICTIVE,
b) Based on their nature CORRECTIONAL OR LIGHT
1. Principal penalties – those
expressly imposed by the court in FINE IS:
the judgment of conviction. May 1. Afflictive – over P6,000.00
be further classified based on 2. Correctional – P200.00 to P6,000.00
divisibility 3. Light penalty – less than P200.00
i. Divisible – are those that
have fixed duration and  Same basis may be applied to Bond to
are divisible into three keep the peace by analogy.
periods.
ii. Indivisible – are those  This article determines the
which have no fixed classification of a fine whether
duration. These are: imposed as a single or as an
1) Death alternative penalty for a crime.
2) Reclusión perpetua
3) Perpetual absolute or  The rule herein does not apply where
special disqualification the fine involved is in a compound
4) Public censure penalty, that is, it is imposed in
2. Accessory penalties – are those conjunction with another penalty.
that are deemed included in the
principal penalties.  Where the fine in question is exactly
P200, under Art. 9 it is a light felony,
c) Based on subject matter hence the felony involved is a light
1. Corporal (death). felony; whereas under Art. 26, it is a
2. Deprivation of freedom (reclusion, correctional penalty, hence the
prision, arresto). offense involved is a less grave felony.
3. Restriction of freedom (destierro). It has been held that this discrepancy

should be resolved liberally in favor of  ART. 28 – COMPUTATION OF

the accused, hence Art. 9 prevails over PENALTIES
Art. 26 (People vs. Yu Hai, 99 Phil.
725). 1. When the offender is in prison – the
HOWEVER, according to Justice duration of temporary penalties is
Regalado there is no such discrepancy. from the day on which the judgment
What is really in issue is the of conviction becomes final.
prescription of the offense vis-a-vis 2. When the offender is not in prison –
the prescription of the penalty, the the duration of penalties consisting in
former being the forfeiture of the deprivation of liberty, is from the day
right of the State to prosecute the that the offender is placed at the
offender and the latter being the loss disposal of judicial authorities for the
of its power to enforce the judgment enforcement of the penalty.
against the convict. 3. The duration of other penalties – the
duration is from the day on which the
offender commences to serve his
Chapter Three: Duration and Effects of sentence.
Penalties (Arts. 27-45)
Section One – Duration of Penalties  ART. 29 – PERIOD OF PREVENTIVE

 ART. 27 – DURATION OF EACH IMPRISONMENT DEDUCTED FROM TERM
DIFFERENT PENALTIES OF IMPRISONMENT
1. Reclusión perpetua – 20 yrs. and 1 day Preventive imprisonment – is the period

to 40 yrs. of detention undergone by an accused
2. Reclusión temporal – 12 yrs. and 1 day where the crime with which he is charged
to 20 yrs. is non-bailable or, even if bailable, he is
3. Prisión mayor and temporary unable to post the requisite bail.
disqualification – 6 yrs. and 1 day to 12
yrs., except when disqualification is an  These rules on preventive
accessory penalty, in which case its imprisonment apply to all sentences
duration is that of the principal regardless of the duration thereof,
penalty. including the so-called perpetual
4. Prisión correccional, suspensión, and penalties as long as they involve
destierro – 6 mos. and 1 day to 6 yrs., deprivation of liberty. It applies to
except when suspensión is an destierro.
accessory penalty, in which case its
duration is that of the principal When is the detention prisoner entitled
penalty. to the full credit of his preventive
5. Arresto mayor – 1 mo. And 1 day to 6 imprisonment?
mos. If the detention prisoner agrees voluntarily
6. Arresto menor – 1 day to 30 days in writing to abide by the same
7. Bond to keep the peace – the period disciplinary rules imposed upon convicted
during which the bond shall be prisoners.
effective is discretionary on the court. When will he be credited only with four-
fifths the time during which he has
 Destierro is a principal, correctional undergone preventive imprisonment?
and divisible penalty. If the detention prisoner does not agree to
abide by the same disciplinary rules
In what cases is destierro imposed? imposed upon convicted prisoners.
1. Serious physical injuries or death
under exceptional circumstances. (Art.  In the case of a youthful offender who
247) has been proceeded against under the
2. In case of failure to give bond for good Child and Youth Welfare Code, he shall
behavior. (Art. 284) be credited in the service of his
3. As a penalty for the concubine in sentence with the full time of his
concubinage. (Art. 334) actual detention, whether or not he
4. In cases where after reducing the agreed to abide by the same
penalty by one or more degrees, disciplinary rules of the institution.
destierro is the proper penalty.
The following offenders are not entitled
to be credited with the full time or four-

fifths of the time of preventive 1. A pardon shall not restore the right to
imprisonment: hold public office or the right of
1. Recidivists or those convicted suffrage.
previously twice or more times of any EXCEPTION: When any or both such
crime. rights is/are expressly restored by the
2. Those who, upon being summoned for terms of the pardon.
the execution of their sentence, failed
to surrender voluntarily. 2. It shall not exempt the culprit from
the payment of the civil liability.
 Habitual delinquents are included in
No. 1.
LIMITATIONS UPON THE EXERCISE OF THE
 No. 2 refers to convicts who failed to PARDONING POWER:
voluntarily surrender to serve their 1. That the power can be exercised only
penalties under a final judgment, after conviction “by final judgment”;
since this is indicative of a greater
defiance of authority. It does not refer 2. That such power does not extend to
to failure or refusal to voluntarily cases of impeachment.
surrender after the commission of the GENERAL RULE: When the principal
crime. penalty is remitted by pardon, only the
effect of that principal penalty is
Section Two – Effects of the penalties extinguished, but not the accessory
according to their respective nature. penalties attached to it.
EXCEPTION: When an absolute pardon is
 A plebiscite is not mentioned or granted after the term of imprisonment
contemplated in Art.30, par. 2 has expired, it removes what is left of the
(deprivation of the right to vote), consequences of conviction.
hence, the offender may vote in that
exercise, subject to the provisions of PARDON BY THE PARDON BY
pertinent election laws at the time. CHIEF EXECUTIVE OFFENDED PARTY
(ART. 36) (ART. 23)
 Perpetual absolute disqualification is As to the crime covered
effective during the lifetime of the
convict and even after the service of Can extend to any Applies only to
the sentence. crime, unless crimes against
otherwise provided chastity under the
by or subject to RPC.
 Temporary absolute disqualification
conditions in the
lasts during the term of the sentence, Constitution or the
and is removed after the service of the laws.
same, EXCEPT:
1) Deprivation of the public office or
employment, and As to extinguishment of criminal
2) Loss of all rights to retirement pay liability
or other pension for any office Extinguishes Does not extinguish
formerly held. criminal liability. criminal liability
although it may
 Bond to keep the peace is different constitute a bar to
from bail bond which is posted for the the prosecution of
the offender.
provisional release of a person
arrested for or accused of a crime.
At to the effect on civil liability
Cannot affect the The offended party
CIVIL INTERDICTION IN ART. 34 IS civil liability ex can waive the civil
IMPOSED WHEN THE PENALTY IS: delicto of the liability.
1. Death which is not carried out, offender.
2. Reclusión perpetua,or
3. Reclusión temporal When granted
Can be extended Can be validly
only after granted only before
conviction by final the institution of
 ART. 36 – PARDON; ITS EFFECTS judgment of the the criminal action.
accused.
EFFECTS OF PARDON BY THE PRESIDENT To whom granted
To any or all of the In adultery and
accused concubinage, must

include both  Subsidiary penalty shall be proper only

offenders. if the accused has no property with
As to whether it can be conditional which to pay the fine, and not as a
May be absolute or Cannot validly be matter of choice on his part by opting
conditional made subject to a to go to jail instead of paying.
condition.
 Subsidiary penalty is not an accessory
penalty, hence it must be specifically
imposed by the court in its judgment,
otherwise the accused cannot be made
to serve the corresponding subsidiary
imprisonment.
 ART. 37 – COSTS
RULES AS TO SUBSIDIARY PENALTY
Costs or costs of suit – are the expenses of 1. If the penalty imposed is prisión
litigation allowed and regulated by the correccional or arresto and fine –
Rules of Court to be assessed against or to subsidiary imprisonment is not to
be recovered by a party in litigation. exceed 1/3 of the term of the
sentence, and in no case to continue
THE FOLLOWING ARE INCLUDED IN for more than one year. Fraction or
COSTS: part of a day, not counted.
1. Fees, and 2. When the penalty imposed is fine only
2. Indemnities, in the course of judicial – subsidiary imprisonment
proceedings. a) not to exceed 6 months – if the
culprit is prosecuted for grave or
 Are chargeable to the accused only in less grave felony, and
cases of conviction. In case of b) not to exceed 15 days – if
acquittal, the costs are de oficio, prosecuted for light felony.
meaning each party bearing his own 3. When the penalty imposed is higher
expenses. than prisión correccional – no
subsidiary imprisonment.
 The payment of costs is a matter that 4. If the penalty imposed is not to be
rests entirely upon the discretion of executed by confinement, but of fixed
courts. duration – subsidiary penalty shall
consist in the same deprivations as
those of the principal penalty, under
 ART. 38 - PECUNIARY LIABILITIES the same rules as nos. 1, 2 and 3
above.
What are the pecuniary liabilities of 5. In case the financial circumstances of
persons criminally liable? the convict should improve, he shall
They are, in the following order: pay the fine, notwithstanding the fact
1. The reparation of the damage caused that the convict suffered subsidiary
2. Indemnification of the consequential personal liability therefor.
damages
3. Fine  When the penalty prescribed for the
4. Costs of proceedings. offense is imprisonment, it is the
penalty actually imposed by the Court,
When is Art.38 applicable? not the penalty provided for by the
In case the property of the offender should Code, which should be considered in
not be sufficient for the payment of all his determining whether or not subsidiary
pecuniary liabilities. penalty should be imposed.
NO SUBSIDIARY PENALTY SHALL BE

 ART. 39 – SUBSIDIARY PENALTY IMPOSED WHERE:
1. The penalty imposed is higher than
Subsidiary penalty – it is a subsidiary prisión correccional or 6 years,
personal liability to be suffered by the  Additional penalty for habitual
convict who has no property with which to delinquency should be included in
meet the fine, at the rate of one day for determining whether or not
each eight pesos (P8.00), subject to the subsidiary penalty should be
rules provided for in Art. 39. imposed.

2. For non-payment of reparation or  The Code does not provide for any
indemnification, accessory penalty for destierro.
3. For non-payment of costs, and

RECLUSION LIFE
4. Where the penalty imposed is a fine PERPETUA IMPRISONMENT
and another penalty without fixed Has a specific Has no definite term
duration, like censure. duration of 20 years or accessory
and 1 day to 40 years penalties.
 The rules on subsidiary penalty in Art. and accessory
penalties.
39 are applicable to crimes punishable
by special laws by force of Art. 10 of
the Code. Imposable on Imposable on crimes
felonies punished by punishable by special
Section Three – Penalties in which other the RPC. laws.
accessory penalties are inherent
OUTLINE OF ACCESSORY PENALTIES

 ART. 45 – CONFISCATION AND
INHERENT IN PRINCIPAL PENALTIES
FORFEITURE OF THE PROCEEDS OF THE
1. Death, when not executed by reason
CRIME
of commutation or pardon
i. Perpetual absolute
OUTLINE OF THE PROVISION OF THIS
disqualification, and
ARTICLE
ii. Civil interdiction during 30 years,
1. Every penalty imposed carries with it
if not expressly remitted in the
the forfeiture of the proceeds of the
pardon.
crime and the instruments or tools
used in the commission of the crime.
2. Reclusión perpetua and reclusión
2. The proceeds and instruments or tools
temporal
of the crime are confiscated and
i. Civil interdiction for life or during
forfeited in favor of the Government.
the sentence, and
3. Property of a third person not liable
ii. Perpetual absolute
for the offense, is not subject to
disqualification, unless expressly
confiscation and forfeiture.
remitted in the pardon of the
4. Property not subject of lawful
principal penalty.
commerce (whether it belongs to the
accused or to third person) shall be
3. Prisión mayor
destroyed.
i. Temporary absolute
disqualification, and
 The confiscation and forfeiture of the
ii. Perpetual special disqualification
proceeds and instruments of a crime is
from suffrage, unless expressly
an accessory penalty.
remitted in the pardon of the
principal penalty.
The provisions of Art. 45 cannot apply
when
4. Prisión correccional
1. The instruments belong to innocent
i. Suspension from public office,
third parties,
profession or calling, and
2. Such properties have not been placed
ii. Perpetual special disqualification
under the jurisdiction of the court,
from suffrage, if the duration of
and
imprisonment exceeds 18 months,
3. When it is legally or physically
unless expressly remitted in the
impossible.
pardon of the principal penalty.
 There is perpetual special
 This accessory penalty presupposes a
disqualification from suffrage,
judgment of conviction. However,
only when the duration of the
even if the accused is acquitted on
imprisonment exceeds 18
reasonable doubt, but the instruments
months.
or proceeds are contraband, the
judgment of acquittal shall order their
5. Arresto – suspension of the right to
forfeiture for appropriate disposition.
hold office and the right of suffrage
during the term of the sentence.

Chapter Four: Application of Penalties 9. Rape – with the use of a deadly

(Arts. 46-72) weapon, or by two or more persons
- where the victim became
Section One – Rules for application of insane
penalties to the persons criminally - with Homicide
liable and for the graduation of the 10. Qualified Rape
same. 11. Destructive Arson
12. Plunder
 ART. 46. PENALTY TO BE IMPOSED 13. Violation of certain provisions of the
UPON PRINCIPALS IN GENERAL Dangerous Drugs Act
14. Carnapping
GENERAL RULE: The penalty prescribed by
law in general terms shall be imposed
upon the principals for a consummated  ART. 48 COMPLEX CRIMES
felony.
EXCEPT: When the penalty to be imposed CONCEPT:
upon the principal in frustrated or 1. In complex crime, although 2 or more
attempted felony is fixed by law. crimes are actually committed, they
constitute only one crime in the eyes
GRADUATION OF PENALTIES of the law as well as in the conscience
1. BY DEGREES – refers to of the offender.
a) the stages of execution 2. The offender has only one criminal
(consummated, frustrated, or intent, hence there is only one penalty
attempted); and imposed for the commission of a
b) the degree of the criminal complex crime.
participation of the offender (whether
as principal, accomplice or accessory). TWO KINDS OF COMPLEX CRIMES:
2. BY PERIODS – refers to the proper period 1. COMPOUND CRIME (delito
of the penalty which should be imposed compuesto) – a single act
when aggravating or mitigating constitutes 2 or more grave or less
circumstances attend the commission of grave felonies.
the crime. REQUISITES:
1. That only a single act is
performed by the offender;
 ART. 47 CASES WHEREIN THE DEATH 2. That the single act produces:
PENALTY SHALL NOT BE IMPOSED (1) two or more grave
1. UNDER AGE. When the offender is felonies, or (2) one or more
below 18 years of age at the time of grave and one or more less
the commission of the crime. grave felonies.
2. OVER AGE. When the guilty person is
more than seventy (70) years of age. 2. COMPLEX CRIME PROPER (delito
3. NO COURT MAJORITY. When upon complejo) – an offense is a
appeal or automatic review of the case necessary means for committing the
by the Supreme Court, the vote of other.
eight members is not obtained for the REQUISITES:
imposition of the death penalty. 1. That at least two offenses are
committed;
 Automatic review is available only in 2. That one or some of the
cases where death penalty is imposed offenses must be necessary to
(R.A. 7659). commit the other;
3. That both or all of the
CRIMES PUNISHABLE BY DEATH UNDER offenses must be punished
THE DEATH PENALTY LAW (RA 7659) under the same statute.
1. Treason
2. Qualified Piracy NO COMPLEX CRIME IN THE FOLLOWING
3. Qualified Bribery CASES
4. Parricide 1. In case of continuing crimes
5. Murder 2. When one offense is committed to
6. Infanticide conceal the other.
7. Kidnapping and Serious Illegal 3. When the other crime is an
Detention indispensable part or an element of
8. Robbery – with Homicide, Rape, the other offenses.
Intentional Mutilation, or Arson

4. Where one of the offenses is penalized offender shall be PUNISHED FOR EACH
by a special law. and every offense that he committed.
 Art. 48 does not apply when the law CONTINUING CRIME – is a single crime,
provides one single penalty for special consisting of a series of acts, but all
complex crime. These include – arising from ONE CRIMINAL RESOLUTION;
Robbery with Homicide length of time in the commission is
Robbery with Rape immaterial.
Rape with Homicide
Kidnapping with Serious REAL OR CONTINUED
Physical Injuries MATERIAL CRIME
Kidnapping with Homicide or PLURALITY
Murder 1. There is a series 1. There is a series
of acts performed of acts performed
 The penalty for complex crime is the by the offender by the offender
penalty for the most serious crime, the 2. Each act 2. The different acts
same to be applied in its maximum performed by the constitute only one
offender constitutes crime, all of the
period.
a separate crime, acts performed arise
each act is from one criminal
 If different crimes resulting from one generated by a resolution
single act are punished with the same criminal impulse
penalty, the penalty for any one of
them shall be imposed, the same to be ART. 49 PENALTY TO BE IMPOSED
applied in the maximum period. UPON THE PRINCIPALS WHEN THE CRIME
COMMITTED IS DIFFERENT FROM THAT
 Art. 48 applies to crimes through INTENDED
negligence. E.g.: offender found guilty
of a complex crime of homicide with RULES:
less serious physical injuries through 1. If the penalty for the felony
reckless imprudence. committed be higher than the penalty
for the offense which the accused
 When 2 felonies constituting a intended to commit, the lower penalty
complex crime are punishable by shall be imposed in its maximum
imprisonment and fine, respectively, period.
only the penalty of imprisonment 2. If the penalty for the felony
should be imposed. REASON: fine is committed be lower than the penalty
not included in the list of penalties in for the offense which the accused
the order of severity, and it is the last intended to commit, the lower penalty
in the graduated scales in Art. 71 of shall be imposed in its maximum
the RPC. period.
3. If the act committed also constitutes
Plurality of Crimes- consists in the an attempt or frustration of another
successive execution, by the same crime, and the law prescribes a higher
individual, of different criminal acts, penalty for either of the latter, the
upon any of which no conviction has yet penalty for the attempted or
been declared. frustrated crime shall be imposed in
its maximum period.
KINDS:
1. FORMAL OR IDEAL PLURALITY- only  ART. 59. PENALTY TO BE IMPOSED IN
ONE CRIMINAL LIABILITY. CASE OF FAILURE TO COMMIT THE CRIME
THREE GROUPS UNDER THE BECAUSE THE MEANS EMPLOYED OR THE
FORMAL TYPE: AIMS SOUGHT ARE IMPOSSIBLE
a) When the offender commits
any of the complex crimes in The penalty for impossible crime is Arresto
ART 48. Mayor (imprisonment of 1 mo and 1 day to
b) When the law specifically fixes 6 mos) or fine ranging from 200-500pesos.
a single penalty for two or BASIS FOR THE IMPOSITION OF PROPER
more offenses committed. PENALTY
c) When the offender commits 1. Social danger; and
continuing crimes. 2. Degree of criminality shown by the
2. REAL OR MATERIAL PLURALITY - offender
DIFFERENT CRIMES in law, as well as in
the conscience of the offender; the  ART. 61. RULES OF GRADUATING
PENALTIES

According to Arts. 50-57, the penalty

prescribed by law for the felony shall be REQUISITES OF HABITUAL DELIQUENCY:
lowered by one or two degrees, as follows: 1. that the offender had been convicted
1. For the principal in frustrated felony – of any of the crimes of serious or less
one degree lower; serious physical injuries, robbery,
2. For the principal in attempted felony – theft, estafa or falsification.
two degrees lower; 2. that after conviction or after serving
3. For the accomplice in consummated his sentence, he again committed,
felony – one degree lower; and, within 10 years from his last
4. For the accessory in consummated release of first conviction, he was
felony – two degrees lower; again convicted of any of the said
crimes for the second time.
DIAGRAM OF THE APPLICATION OF ARTS. 3. that after his conviction of, or after
50- 57: serving sentence for the second
offense, he again committed, and,
within 10 years from his last release or
CONSUM- FRUS- ATTEMP- last conviction, he was again convicted
MATED TRATED TED of any of said offenses, the third time
or oftener.
Prin 0 1 2
Habituality distinguished from recidivism
Accom 1 2 3
HABITUAL RECIDIVISM
Acces 2 3 4 DELIQUENCY
As to the CRIMES committed
In this diagram, “0” represents the penalty The crimes are It is sufficient that
prescribed by law in defining a crime, specified the accused on the
date of his trial,
which is to be imposed on the principal in
shall have been
a consummated offense, in accordance previously
with the provisions of Art. 64. The other convicted by final
figures represent the degrees to which the judgment of
penalty must be lowered, to meet the another crime
different situations anticipated by law. embraced in the
same title.
Section Two – Rules for the application As to the PERIOD of time the crimes
of penalties with regard to the are committed
mitigating and aggravating The offender is found No period of time
circumstances, and habitual delinquency guilty within ten between the
years from his last former conviction
release or last and the last
conviction. conviction.
As to the NUMBER of crimes
committed
The accused must be The second offense
found guilty the third is for an offense
 ART. 62. EFFECTS OF THE time or oftener of found in the same
ATTENDANCE OF MITIGATING OR the crimes specified. title.
AGGRAVATING CIRCUMSTANCES AND OF As to their EFFECTS
HABITUAL DELIQUENCY An additional penalty If not offset by a
is also imposed mitigating
EFFECTS: circumstance,
1. Aggravating circumstances (generic serves to increase
and specific) have the effect of the penalty only to
increasing the penalty, without the maximum
however exceeding the maximum
period provided by law. ART. 63 RULES FOR THE APPLICATION OF
2. Mitigating circumstances have the INDIVISIBLE PENALTIES
effect of diminishing the penalty.
3. Habitual delinquency has the effect, OUTLINE OF THE RULES:
not only of increasing the penalty 1. When the penalty is single indivisible,
because of recidivism which is it shall be applied regardless of any
generally implied in habitual mitigating (except if privilege
delinquency, but also of imposing an mitigating) or aggravating
additional penalty. circumstances.

2. When the penalty is composed of two APPLICATION OF ART. 68:

indivisible penalties, the following  This article is not immediately
rules shall be observed: applicable to a minor under 18 years
a) When there is only one of age, because such minor, if found
aggravating circumstance, the guilty of the offense charged, is not
greater penalty shall be imposed. sentenced to any penalty. The
b) When there is neither mitigating sentence is suspended and he is
nor aggravating circumstances, the ordered committed to the reformatory
lesser penalty shall be imposed. institution, IF, his application
c) When there is a mitigating therefore is approved by the court.
circumstance and no aggravating
circumstance, the lesser penalty  This article is applicable when the
shall be imposed. minor’s application for suspension of
d) When both mitigating and sentence is DISAPPROVED or if while in
aggravating circumstances are the reformatory institution he
present, the court shall allow becomes INCORRIGIBLE, in which case
them to offset one another. he shall be returned to the court for
the imposition of the proper penalty.
 ART. 70. SUCCESSIVE SERVICE OF

SENTENCE
THE THREE-FOLD RULE
 ART. 64 RULES FOR THE APPLICATION 1. THE MAXIMUM DURATION OF THE

OF PENALTIES, WHICH CONTAIN THREE CONVICT’S SENTENCE shall not be
PERIODS more than three times the length of
time corresponding to the most severe
CASES IN WHICH MITIGATING AND of the penalties imposed upon him.
AGGRAVATING CIRCUMSTANCES ARE NOT 2. But in no case to exceed 40 years.
CONSIDERED IN THE IMPOSITION OF 3. This rule shall apply only when the
PENALTY: convict is to serve 4 or more sentences
1. When the penalty is single and successively.
indivisible (except if privileged 4. Subsidiary penalty forms part of the
mitigating) penalty.
2. In felonies through negligence
3. When the penalty is only a fine
imposed by an ordinance DIFFERENT SYSTEMS OF PENALTY,
4. When the penalties are prescribed by RELATIVE TO THE EXECUTION OF TWO
special laws OR MORE PENALTIES IMPOSED ON ONE
AND THE SAME ACCUSED
 ART. 66. IMPOSITION OF FINES 1. Material accumulation system
No limitation whatever, and
OUTLINE OF THE PROVISION: accordingly, all the penalties for all
1. The court can fix any amount of the the violations were imposed even if
fine within the limits established by they reached beyond the natural span
law. of human life.
2. The court must consider: (1) the 2. Juridical accumulation system
mitigating and aggravating Limited to not more than three-
circumstances; and (2) more fold the length of time corresponding
particularly, the wealth or means of to the most severe and in no case to
the culprit. exceed 40 years. This is followed in
3. The court may also consider: (1) the our jurisdiction.
gravity of the crime committed; (2) 3. Absorption system
the heinousness of it s perpetration; The lesser penalties are absorbed
and (3) the magnitude of its effects on by the graver penalties.
the offender’s victims.
 ART. 72. PREFERENCE IN THE

 ART. 68. PENALTY TO BE IMPOSED PAYMENT OF CIVIL LIABILITIES
UPON A PERSON UNDER EIGHTEEN YEARS
OF AGE

Civil liability is satisfied by following the degree, the STARTING POINT for
chronological order of the dates of the determining the minimum term of the
final judgment. indeterminate penalty is the penalty
next lower than that prescribed by the
Code for the offense.
Section Three – Provisions common in II. IF THE PENALTY IS IMPOSED BY

the last two preceding sections (Arts. SPECIAL PENAL LAW
73-77) a) The Maximum Term – must not exceed
the maximum term fixed by said law.
 ART. 77. WHEN THE PENALTY IS A b) The Minimum Term – must not be less
COMPLEX ONE COMPOSED OF THREE than the minimum term prescribed by
DISTINCT PENALTIES the same.
COMPLEX PENALTY - is a penalty  For SPECIAL LAWS, it is anything

prescribed by law composed of three within the inclusive range of the
distinct penalties, each forming a period: prescribed penalty. Courts are given
the lightest of them shall be the minimum, discretion in the imposition of the
the next the medium, and the most severe indeterminate penalty. The
the maximum period. aggravating and mitigating
circumstances are not considered
unless the special law adopts the same
INDETERMINATE SENTENCE LAW (ISL) terminology for penalties as those
Act No. 4103 as amended by Act No. used in the RPC (such as reclusión
4225 perpetua and the like).
CONCEPT OF INDETERMINATE SENTENCE B. WHEN BENEFIT OF THE ISL IS NOT

– is a sentence with a minimum term and a APPLICABLE:
maximum term The Indeterminate Sentence Law shall not
apply to the following persons:
which, the court is mandated to impose 1. sentenced to death penalty or life
for the benefit of a guilty person who is imprisonment
not disqualified therefore, when the 2. treason, or conspiracy or proposal to
maximum imprisonment exceeds one (1) commit treason
year. It applies to both violations of 3. misprision of treason, rebellion,
Revised Penal Code and special laws. sedition or espionage
4. piracy
A. SENTENCE IN THE ISL 5. habitual delinquents
In imposing a prison sentence for an 6. escaped from confinement, or evaded
offense punished by the Revised Penal sentence
Code or special penal laws, the court shall 7. granted with conditional pardon by
sentence the accused to an indeterminate the President, but violated the terms
sentence, which has a maximum and a thereof
minimum term based on the penalty 8. maximum term of imprisonment does
actually imposed. not exceed 1 year
9. sentenced to the penalty of destierro
 ISL application is mandatory, where or suspension only
imprisonment would exceed one year.
C. RELEASE OF THE PRISONER ON
I. IF THE PENALTY IS IMPOSED BY THE PAROLE
RPC: The Board of Pardons and Parole may
1. The Maximum Term – is that which authorize the release of a prisoner on
could be properly imposed under the parole, after he shall have served the
RPC, considering the aggravating and minimum penalty imposed on him,
mitigating circumstances. provided that:
2. The MinimumTerm – is within the a) Such prisoner is fitted by his training
range of the penalty one degree lower for release,
than that prescribed by the RPC, b) There is reasonable probability that he
without considering the will live and remain at liberty without
circumstances. violating the law,
 BUT when there is a privileged c) Such release will not be incompatible
mitigating circumstance, so that the with the welfare of society.
penalty has to be lowered by one

D. ENTITLEMENT TO FINAL RELEASE AND commission of the offense, unless he

DISCHARGE acted with discernment, in which case
If during the period of surveillance such he shall be proceeded against in
paroled prisoner shall: (a) show himself to accordance with Article 192.
be a law abiding citizen and, (b) shall not
violate any law, the Board may issue a 1. The purpose of the Child and Youth
final certification in his favor, for his final Welfare Code is to avoid a situation
release and discharge. where JUVENILE OFFENDERS would
commingle with ordinary criminals in
E. SANCTION FOR VIOLATION OF prison.
CONDITIONS OF THE PAROLE 2. If the court finds that the youthful
When the paroled prisoner shall violate offender committed the crime charged
any of the conditions of his parole: (a) the against him, it shall DETERMINE the
Board may issue an order for his arrest, imposable penalty and the civil
and thereafter, (b) the prisoner shall serve liability chargeable against him.
the remaining unexpired portion of the 3. The court may not pronounce
maximum sentence for which he was judgment of conviction but instead
originally committed to prison. SUSPEND all further proceedings if,
upon application of the youthful
F. REASONS FOR FIXING THE MAXIMUM offender, it finds that the best
AND MINIMUM TERMS IN THE interest of the public and that of the
INDETERMINATE SENTENCE offender will be served thereby.
The minimum and maximum terms in the 4. The benefits of Article 192 of PD 603,
IS must be fixed, because they are the as amended, providing for suspension
basis for the following: of sentence, shall NOT APPLY TO (1) a
1. Whenever a prisoner has: (a) served youthful offender who once enjoyed
the MINIMUM penalty imposed on him, suspension of sentence under its
and (b) is fit for release of the provisions, or (2) one who is convicted
prisoner on parole, upon terms and of an offense punishable by death or
conditions prescribed by the Board. life imprisonment.
2. But when the paroled prisoner violates 5. The youthful offender shall be
any of the conditions of his parole RETURNED to the committing court for
during the period of surveillance, he pronouncement of judgment, when
may be rearrested to serve the the youthful offender, (1) has been
remaining unexpired portion of the found incorrigible, or (2) has willfully
MAXIMUM sentence. failed to comply with the conditions of
3. Even if a prisoner has already served his rehabilitation programs; or (3)
the MINIMUM, but he is not fitted for when his continued stay in the training
release on the parole, he shall institution would be inadvisable.
continue to serve until the end of the 6. When the youthful offender has
MAXIMUM term. reached the age of TWENTY-ONE while
in commitment, the court shall
THE CHILD AND YOUTH WELFARE CODE determine whether-
(PD 603, as amended) a) To DISMISS the case, if the
youthful offender has behaved
Who is a Youthful Offender? properly and has shown his
A youthful offender is a child, minor, or capability to be a useful member
youth, including one who is emancipated of the community; or
in accordance with law, who is over nine b) To PRONOUNCE the judgment of
years but under eighteen years of age at conviction, if the conditions
the time of the commission of the offense. mentioned are not met.
 A child nine years of age or under at 7. In the latter case, the convicted
the time of the commission of the offender may apply for PROBATION. In
offense shall be exempt from criminal any case, the youthful offender shall
liability and shall be committed to the be credited in the service of his
care of his or her father or mother, or sentence with the full time spent in
nearest relative or family friend in the actual commitment and detention.
discretion of the court and subject to 8. The final release of a youthful
its supervision offender, based on good conduct as
provided in Art. 196 shall not
 The same shall be done for a child obliterate his CIVIL LIABILITY for
over nine years and under fifteen damages.
years of age at the time of the

9. A minor who is ALREDY AN ADULT at F. PROBATION SHALL BE DENIED IF THE

the time of his conviction is not COURT FINDS THAT:
entitled to a suspension of sentence. 1. The offender is in need of correctional
treatment that can be provided
PROBATION LAW OF 1976 effectively by his commitment to an
(PD 968, AS AMENDED) institution.
2. There is undue risk of committing
A. CONCEPT another crime.
PROBATION is a disposition under 3. Probation will depreciate the
which a defendant after conviction seriousness of the offense committed.
and sentence is released subject to
conditions imposed by the court and to G. DISQUALIFIED OFFENDERS
the supervision of a probation officer. THE BENEFITS OF THE DECREE SHALL NOT
BE EXTENDED TO THOSE:
1. Sentenced to serve a maximum term
of imprisonment of more the 6 years.
2. Convicted of subversion or any crime
B. APPLICATION against the national security or the
This shall apply to all offenders except public order.
those entitled to benefits under PD 3. Previously convicted by final judgment
603 and similar laws. of an offense punished by
imprisonment of not less than 1 month
C. RULES ON GRANT OF PROBATION and 1 day and/or a fine not less than
1. After having convicted and sentenced P200.
a defendant, the trial court MAY 4. Once placed on probation.
SUSPEND the execution of the
sentence, and place the defendant on H. CONDITIONS OF PROBATION
probation, upon APPLICATION by the 2 KINDS OF CONDITIONS IMPOSED:
defendant within the period for 1. Mandatory or general – once violated,
perfecting an appeal. the probation is cancelled. They are:
2. Probation may be granted whether the a) Probationer: Presents himself to
sentence imposed a term of the probation officer designated to
imprisonment or fine only. undertake his supervision, at such
3. NO application for probation shall be place as may be specified in the
entertained or granted if the order, within 72 hours from
defendant has PERFECTED AN APPEAL receipt of order;
from the judgment of conviction. b) He reports to the probation officer
4. Filing of application for probation at least once a month.
operates as a WAIVER OF THE RIGHT 2. Discretionary or special – additional
TO APPEAL. conditions listed, which the courts
5. The application shall be filed with the may additionally impose on the
trial court, and the order granting or probationer towards his correction and
denying probation shall NOT BE rehabilitation outside prison.
APPEALABLE. HOWEVER, the enumeration is not
6. Accessory penalties are deemed inclusive. Probation statutes are
suspended once probation is granted. liberal in character and enable the
courts to designate practically ANY
D. POST-SENTENCE INVESTIGATION term it chooses, as long as the
The convict is not immediately placed on probationer’s Constitutional rights are
probation. There shall be a prior not jeopardized. Also, they must not
investigation by the probation officer and be unduly restrictive of probationer,
a determination by the court. and not incompatible with the
freedom of conscience of probationer.
E. CRITERIA FOR PLACING AN OFFENDER
ON PROBATION
The court shall consider:
1. All information relative to the
character, antecedents, environment, I. PERIOD OF PROBATION
mental, and physical condition of the FOR HOW LONG MAY A CONVICT BE
offender. PLACED ON PROBATION?
2. Available institutional and community 1. If the convict is sentenced to a term of
resources. imprisonment of NOT more than one

year, the period of probation shall not 4. Convict who becomes insane, after
exceed 2 years. final sentence of death has been
2. In all other cases, if he is sentenced to pronounced.
more than one year, said period shall
not exceed 6 years.
3. When the sentence imposes a fine only  ART. 87. DESTIERRO
and the offender is made to serve
subsidiary imprisonment. The period ONLY IN THE FOLLOWING CASES IS
of probation shall be twice the total DESTIERRO IMPOSED:
number of days of subsidiary 1. Death or serious physical injuries is
imprisonment. caused or are inflicted under
exceptional circumstances (Art. 247);
J. ARREST OF PROBATIONER AND
SUBSEQUENT DISPOSITIONS 2. Failure to give bond for good behavior
1. At any time during probation, the in grave and light threats (Art. 284);
court may issue a warrant for the 3. Penalty for the concubine in
ARREST of a probationer for any concubinage (Art. 334);
serious violation of the conditions of 4. When, after reducing the penalty by
probation. one or more degrees, destierro is the
2. If violation is established, the court proper penalty.
may (a) REVOKE his probation, or (b)
continue his probation and MODIFY the
conditions thereof. This order is not TITLE FOUR: EXTINCTION OF CRIMINAL
appealable. LIABILITY
3. If revoked, the probationer shall SERVE
the sentence originally imposed. Chapter One: Total Extinction of
Criminal Liability (Arts. 89-93)
K. TERMINATION OF PROBATION
The court may order the final discharge of  ART. 89. CRIMINAL LIABILITY IS
the probationer upon finding that, he has TOTALLY EXTINGUISHED
fulfilled the terms and conditions of his
probation. HOW CRIMINAL LIABLITY TOTALLY
EXTINGUISHED:
L. EFFECTS OF TERMINATION 1. By the DEATH of the convict as to
OF PROBATION personal penalties; BUT as to
1. Case is deemed terminated. pecuniary penalties, liability is
2. Restoration of all civil rights lost or extinguished only when the death of
suspended. the offender occurs before or after
3. Fully discharges liability for any fine final judgment
imposed.
 Note that the probation is NOT 2. By SERVICE OF SENTENCE;

coterminous with its period. There 3. By AMNESTY, which completely
must be an order issued by the court extinguishes the penalty and all its
discharging the probationer. effects.
4. By ABSOLUTE PARDON
5. By PRESCRIPTION OF THE CRIME
6. By PRESCRIPTION OF PENALTY
7. By MARRIAGE OF THE OFFENDED
Chapter Five: Execution and Service of WOMAN with the offender in the
Penalties (Arts. 78-88) crimes of rape, seduction, abduction,
and acts of lasciviousness. In the
 ART. 83. SUSPENSION OF THE crimes of rape, seduction, abduction,
EXECUTION OF THE DEATH SENTENCE and acts of lasciviousness, the
marriage, as provided under Art 344,
Death sentence shall be suspended when must be contracted in good faith.
accused is a:
1. Woman, while pregnant, AMNESTY – is an act of the sovereign
2. Woman, within one year after power granting oblivion or general pardon
delivery, for a past offense, and is rarely if ever
3. Person over 70 years of age; exercised in favor of a single individual,
and is usually extended in behalf of

certain classes of persons who are subject a) Death, reclusión perpetua or

to trial but have not yet been convicted. reclusión temporal – 20 years
b) afflictive penalties – 15 years
PARDON – is an act of grace, proceeding c) correctional penalties – 10 years
from the power entrusted with the except those punishable by arresto
execution of the laws, which exempts the mayor which shall prescribe in 5
individual on whom it is bestowed from years.
the punishment the law inflicts for the  When the penalty fixed by law is a
crime he has committed. compound one, the highest
penalty shall be made the basis of
Pardon distinguished from amnesty the application of the rules
PARDON AMNESTY contained above.
2. Crime of libel – 1 year
1. Includes any 1. A blanket pardon 3. Offenses of oral defamation and
crime and is to classes of persons slander by deed – 6 months
exercised or communities who 4. Light offenses – 2 months
individually by the may be guilty of
President political offenses.
Prescription of the penalty – is the loss or
2. Exercised when 2. May be exercised forfeiture of the right of the government
the person is even before trial or to execute the final sentence, after the
already convicted investigation is had lapse of a certain time.
3. Merely looks 3. Looks BACKWARD

FORWARD and and abolishes and
relieves the puts into oblivion PRESCRIPTIVE PERIODS OF PENALTIES:
offender from the the offense itself; it 1. Death and reclusión perpetua – 20
consequences of an so overlooks and
years
offense of which he obliterates the
has been convicted; offense with which
2. Other afflictive penalties – 15 years
it does not work for he is charged that 3. Correctional penalties – 10 years
the restoration of the person released except for the penalty of arresto
the rights to hold by amnesty stands mayor which prescribes in 5 years.
public office, or the before the law 4. Light penalties – 1 year
right of suffrage, precisely as though
unless such rights he had committed
are expressly no offense.  ART. 93. COMPUTATION OF THE
restored by means
PRESCRIPTION OF PENALTIES
of pardon.
4. Does not alter 4. Makes an ex-
the fact that the convict no longer a OUTLINE
accused is a recidivist, because it 1. Period of prescription commences to
recidivist as it obliterates the last run from the date when the culprit
produces only the vestige of the crime. evaded the service of his sentence.
extinction of the 2. It is interrupted when the convict
personal effects of a) gives himself up,
the penalty. b) is captured,
5. Does not 5. Does not c) goes to a foreign country with
extinguish the extinguish the civil which we have no extradition
civil liability of liability of the treaty, or
the offender offender d) commits any crime before the
6. Being PRIVATE 6. Being a expiration of the period of
ACT by the Proclamation of the prescription.
President, must be Chief Executive with
pleaded and proved the concurrence of
by the person Congress; is a PUBLIC ELEMENTS
pardoned ACT of which the 1. That the penalty is imposed by final
courts should take judgment
judicial notice 2. That the convict evaded the service of
his sentence by escaping during the
Prescription of the crime – is the term of his sentence
forfeiture or loss of the right of the State 3. The convict who escape from prison
to prosecute the offender, after the lapse has not given himself up, or been
of a certain time. captured, or gone to a foreign country
4. That the penalty has prescribed
PRESCRIPTIVE PERIODS OF CRIMES: because of the lapse of time from the
1. Crimes punishable by

date of the evasion of service of the Chapter One: Persons Civilly Liable for
sentence by the convict. Felonies (Arts. 100-103)
 ART. 100. CIVIL LIABILITY OF A
Chapter Two: Partial Extinction of PERSON GUILTY OF FELONY
Criminal Liability (Arts. 94-99)
A CRIME HAS A DUAL CHARACTER:
 ART. 94. PARTIAL EXTINCTION OF 1. As an offense against the state,
CRIMINAL LIABILITY because of the disturbance of the
social order; and
CRIMINAL LIABILITY IS PARTIALLY 2. As an offense against the private
EXTINGUISHED: person injured by the crime, UNLESS it
1. By CONDITIONAL PARDON; involves the crime of treason,
2. By COMMUTATION OF SERVICE rebellion, espionage, contempt, and
3. For GOOD CONDUCT ALLOWANCES others wherein no civil liability arises
which the culprit may earn while he is on the part of the offender, either
serving sentence; because there are no damages to be
4. By PAROLE compensated or there is no private
a. Parole – is the suspension of the person injured by the crime.
sentence of a convict, after
serving the minimum term of the EFFECT OF ACQUITTAL
indeterminate penalty, without Extinction of the penal action does NOT
being granted a pardon, carry with it extinction of the civil;
prescribing the terms upon which UNLESS the extinction proceeds from a
the sentence shall be suspended declaration in a final judgment that the
fact from which the civil liability might
b. If the convict fails to observe the arise did not exist. (See Section 1, Rule
condition of the parole, the Board 111 of the 2000 Rules on Criminal
of Pardons and Parole is Procedure. Civil liability arising from other
authorized to : sources of obligations is not impliedly
(1) direct his ARREST AND RETURN instituted with the criminal action).
TO CUSTODY and thereafter;
(2) to CARRY OUT HIS SENTENCE EFFECT OF DISMISSAL OF CASE
WITHOUT REDUCTION of the time that The dismissal of the information or the
has elapsed between the date of the criminal action does NOT affect the right
parole and the subsequent arrest. of the offended party to institute or
5. By PROBATION. See Probation Law continue the civil action already instituted
page42 arising from the offense, because such
dismissal or extinction of the penal action
Conditional pardon distinguished from does not carry with it the extinction of the
parole civil action.
CONDITIONAL PAROLE
PARDON EFFECT OF DEATH OF THE OFFENDER
1. May be given at any 1. May be given after If the offender dies prior to the institution
time after final the prisoner has of the action or prior to the finality of
judgment; is granted served the minimum judgment, civil liability ex-delicto is
by the Chief Executive penalty; is granted by extinguished. (DE GUZMAN vs. PEOPLE OF
under the provisions the Board of Pardons THE PHILIPPINES, G.R. No. 154579.
of the Administrative and Parole under the
Code provision of the
October 8, 2003)
Indeterminate
Sentence Law  In all these cases, civil liability from
2. For violation of the 2. For violation of the sources other than delict are not
conditional pardon, terms of the parole, extinguished.
the convict may be the convict CANNOT
ordered re-arrested or BE PROSECUTED
re-incarcerated by the UNDER ART. 159 OF
Chief Executive, or THE RPC, he can be
may be PROSECUTED re-arrested and re-
 ART. 101. RULES REGARDING CIVIL
under Art. 159 of the incarcerated to serve
Code the unserved portion LIABILITY IN CERTAIN CASES
of his original penalty. - Civil liability is still imposed in cases
falling under exempting circumstances
TITLE FIVE: CIVIL LIABILITY EXCEPT:

1. No civil liability in paragraph 4 of commits a felony while in the

Art. 12 which provides for injury discharge of his duties.
caused by mere accident. 3. The said employee is insolvent and has
2. No civil liability in paragraph 7 of not satisfied his civil liability.
Art. 12 which provides for failure
to perform an act required by law
when prevented by some lawful or Chapter Two: What Civil Liability
insuperable cause. Includes (Arts. 104-111)
- No civil liability is imposed in cases ART. 104. WHAT IS INCLUDED IN CIVIL

falling under justifying circumstances LIABILITY
EXCEPT: under paragraph 4, where a
person does an act, causing damage to RESTITUTION – restitution of the thing
another, in order to avoid evil or injury, itself must be made whenever possible
the person benefited by the prevention of even when found in the possession of a
the evil or injury shall be civilly liable in third person except when acquired by such
proportion to the benefit he received. person in any manner and under the
requirements which, by law, bar an action
for its recovery.
 ART. 102. SUBSIDIARY LIABILITY OF
INNKEEPERS, TAVERNKEEPERS, AND REPARATION OF DAMAGES – reparation
PROPRIETORS OF ESTABLISHMENTS will be ordered by the court if restitution
is not possible. The court shall determine
ELEMENTS UNDER PARAGRAPH 1 the amount of damage, taking into
1. That the innkeeper, tavernkeeper or consideration the price of the thing,
proprietor of establishment or his whenever possible, and its special
employee committed a violation of sentimental value.
municipal ordinance or some general
or special police regulation. INDEMNIFICATION FOR DAMAGES –
2. That the crime is committed in such includes not only those caused the injured
inn, tavern or establishment. party, but also, those suffered by his
3. That the person criminally liable is family or by a third person by reason of
insolvent. the crime.
 Concurrence of all elements makes the - END OF BOOK ONE -

innkeeper, tavernkeeper, or proprietor
civilly liable for the crime committed
in his establishment.
ELEMENTS UNDER PARAGRAPH 2

1. That the guests notified in advance
the innkeeper or the person
representing 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.
ART. 103. SUBSIDIARY CIVIL

LIABILITY OF OTHER PERSONS
ELEMENTS
1. The employer, teacher, person, or
corporation is engaged in any kind of
industry.
2. Any of their servants, pupils,
workmen, apprentices, or employees


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San Beda College of Law 1

MEMORY AID IN CRIMINAL LAW

BOOK ONE GENERAL RULE: Penal laws cannot

CRIMINAL LAW COMMITTEE

EXCEPTION: When the crimes merely Requisites of mistake of fact as a

TITLE ONE: FELONIES AND  REASON FOR PUNSHING ACTS OF

 ART. 3 – FELONIES Mala Prohibita - the class of crimes

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

4. As to Mitigating and Mitigating and 3. Praeter intentionem – lack of intent to

6. As to Violation of the Violation of  ART. 6 – CONSUMMATED,

WHAT CRIMES DO NOT ADMIT OF

Thus, the person is still criminally liable

CRIMINAL LAW COMMITTEE

- this is applicable only in EXAMPLE: conspiracy to commit

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

Less grave felonies – are those which the

TEST OF REASONABLENESS – the means

CRIMINAL LAW COMMITTEE

“Stand ground when in the right” - the REQUISITES:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

1. IMBECILITY OR INSANITY 4. ACCIDENT WITHOUT FAULT OR

CRIMINAL LAW COMMITTEE

ELEMENTS: ENTRAPMENT INSTIGATION

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

4. Minor delinquent under 18 years of

 Applies, when all the requisites 4. PROVOCATION OR THREAT

CRIMINAL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

1. That the illness of the offender must i) Craft, fraud or disguise;

CRIMINAL LAW COMMITTEE

d) Taking advantage of public circumstances are attendant. (Art. 62,

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

Par. 2 – That the crime be committed in - there must be a difference in the

REQUISITES OF THIS CIRCUMSTANCE: Age of the offended party – may refer to

CRIMINAL LAW COMMITTEE

WHAT AGGRAVATES THE COMMISSION OF  There must exist a close relation

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

Par. 6. – That the crime be committed Uninhabited place (despoblado) – one

CRIMINAL LAW COMMITTEE

Par. 6 “By a Par. 8. “With the

 Being an ordinary aggravating

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

 If both offenses were committed on It is necessary that It is enough that a

CRIMINAL LAW COMMITTEE

 When this aggravating circumstance is 2. An act manifestly indicating that the

 When another aggravating  Evident premeditation is presumed to

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL LAW

 The test of disguise is whether the

FRAUD CRAFT  Par. 15 enunciates two aggravating

 According to Justice Regalado, the MEANING OF “advantage be taken”:

 Craft and fraud may be absorbed in NO ADVANTAGE OF SUPERIOR STRENGTH

CRIMINAL LAW COMMITTEE

 Abuse of superior strength is also Treachery (alevosia) – is present when