Subject: Criminal Law (Book 1) 1
NOTES IN c. or existing causes of action
CRIMINAL LAW (BOOK 1)
CRIMINAL LAW – A branch of municipal law which
defines crimes, treats of their nature and provides for
their punishment.
Act # 3815 – Created the Penal Code of the
Philippines (now the RPC). It was approved on
December 8, 1930 and took effect on January 1,
1932.
Characteristics of Criminal Law:
1.General – binding on all persons who reside or
sojourn in the Philippines.
Exceptions:
a. Treaty Stipulation
b. Laws of Preferential Application
c. Principles of Public International Law
Ex:
 sovereigns and other chiefs of
 state
 Ambassadors, ministers
 plenipotentiary, minister resident
 and charges d’affaires
 (BUT consuls, vice-consuls and other
 foreign commercial representatives
 CANNOT claim the privileges and
 immunities accorded to ambassadors and
 ministers.)
2.Territorial – penal laws of the Philippines are
enforceable only within its territory
Exceptions: (Art. 2 of RPC – binding even on
crimes committed outside the Philippines)
 offense committed while on a Philippine ship
or airship
 forging or counterfeiting any coin or currency
note of the Philippines or obligations and the
securities issued by the Government
 introduction into the country of the above-
mentioned obligations and securities while
being public officers and employees, an
offense committed in the exercise of their
functions
 crimes against national security and the law
of the nations defined in Title One of Book
Two
3.Prospective – the law does not have any
retroactive effect.
Exception: when the law is favorable to the
accused
Exceptions to the Exception:
a. The new law is expressly made
b. inapplicable to pending actions
d. Offender is a habitual criminal
Theories of Criminal Law:
1. Classical Theory – basis is man’s free will to
choose between good and evil, that is why more
stress is placed upon the result of the felonious
act than upon the criminal himself. The purpose
of penalty is retribution. The RPC is generally
governed by this theory.
2. Positivist Theory – basis is the sum of social
and economic phenomena which conditions man
to do wrong in spite of or contrary to his volition.
This is exemplified in the provisions on
impossible crimes and habitual delinquency.
3. Mixed Theory – combination of the classical and
positivist theories wherein crimes that are
economic and social in nature should be dealt in
a positive manner. The law is thus more
compassionate.
PROVISIONS
BOOK 1
GENERAL PROVISIONS
ART. 2: APPLICATION OF ITS PROVISIONS
RULES:
1.Philippine vessel or airship – Philippine law
shall apply to offenses committed in vessels
registered with the Philippine Bureau of Customs.
It is the registration, not the citizenship of the
owner which matters.
2.Foreign vessel
French Rule
General Rule: Crimes committed aboard a
foreign vessel within the territorial waters of a
country are NOT triable in the courts of such
country.
Exception: commission affects the peace and
security of the territory, or the safety of the
state is endangered.
English Rule:
General Rule: Crimes committed aboard a
foreign vessel within the territorial waters of a
country are triable in the courts of such country.
Exception: When the crime merely affects
things within the vessel or it refers to the
internal management thereof.
Title One:

FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
Chapter One: FELONIES
Felonies – acts and omissions punishable by the
Revised Penal Code.
Offense – acts and omissions punishable by special
laws.
Crime – acts and omissions punishable by any law.
Act – an overt or external act
Omission – failure to perform a duty required by law
ELEMENTS (Felony):
1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo or
culpa
BASIC MAXIMS IN CRIMINAL LAW:
Nullum Crimen, Nulla Poena Sine Lege – There is
no crime when there is no law punishing it.
Doctrine of Pro Reo – Whenever a penal law is to
be construed or applied and the law admits of two
interpretations – one lenient to the offender and one
strict to the offender – that interpretation which is
lenient or favorable to the offender will be adopted.
Actus Non Facit Reum, Nisi Mens Sit Rea – The
act cannot be criminal where the mind is not criminal.
This is true to a felony characterized
by dolo, but not a felony resulting from culpa. This
maxim is not an absolute one because it is not
applied to culpable felonies, or those that result from
negligence.
Dura Lex Sed Lex – The law may be harsh but it is
the law.
Classification Of Felonies According To The
Means By Which They Are Committed:
1.Intentional Felonies- by means of deceit (dolo)
Requisites:
a. freedom
b. intelligence
c. intent.
MISTAKE OF FACT – misapprehension of fact on
the part of the person who caused injury to another.
He is not criminally liable.
2.Culpable Felonies- by means of fault (culpa)
Subject: Criminal Law (Book 1) 2
Requisites:
a. freedom
b. intelligence
c. negligence (lack of foresight) and
d. imprudence (lack of skill)
MALA IN SE AND MALA PROHIBITA – Violations
of the Revised Penal Code are referred to as
malum in se, which literally means, that the act is
inherently evil or bad or per se wrongful. On the
other hand, violations of special laws are generally
referred to as malum prohibitum.
INTENT – is the purpose to use a particular means
to effect
a result. An element of crime except in crimes
committed with culpa. It is essential in intentional
felonies.
MOTIVE – the moving power which impels one to
act. It is NOT an element of crime. It is essential
only when the identity of the felon is in doubt.
ART. 4: CRIMINAL LIABILITY
Requisites:
1.Felony has been committed intentionally
2.Injury or damage done to the other party is the
direct, natural and logical consequence of the
felony.
Hence, since he is still motivated by criminal intent,
the offender is criminally liable in:
 Error in personae – mistake in identity
 Abberatio ictus – mistake in blow
 Praeter intentionem – lack of intent to commit
so grave a wrong
PROXIMATE CAUSE – the cause, which in the
natural and continuous sequence unbroken by any
efficient intervening cause, produces the injury,
without which the result would not have occurred.
IMPOSSIBLE CRIME
Requisites:
1. Act would have been an offense against
persons or property;
2. There was criminal intent;
3. Accomplishment is inherently impossible; or
inadequate or ineffectual means are
employed;
4. Act is not an actual violation of another
provision of the Code or of special law.
Impossible crime occurs when there is:
 Subject: Criminal Law (Book 1) 3

1. inherent impossibility to commit the crime

2. inadequate means to consummate the crime
3. ineffectual means to consummate the crime
ART. 6: CONSUMMATED, FRUSTRATED,
AND ATTEMPTED FELONIES
STAGES OF EXECUTION:
1. CONSUMMATED – when all the elements
necessary for its execution and accomplishment
are present.
GENERAL RULE: Punishable only when they have
been consummated
Exception: Even if not consummated, if committed
against persons or property.
Ex: slight physical injuries, theft, alteration of
boundary marks, malicious mischief, and
intriguing against honor.
(Note: Only principals and accomplices are
liable; accessories are NOT liable even if
committed against persons or property.

2. FRUSTRATED ART. 8: CONSPIRACY AND PROPOSAL TO

Elements: COMMIT FELONY
a. offender performs all acts of execution
b. all these acts would produce the felony as a CONSPIRACY
consequence Requisites:
c. BUT the felony is NOT produced 1. Two or more persons come to an agreement
d. by reason of causes independent of the will 2. For the commission of a felony
of the perpetrator 3. And they decide to commit it

3. ATTEMPTED PROPOSAL TO COMMIT A FELONY

Elements:
a. offender commences the felony directly by
overt acts
b. does not perform all acts which would
produce the felony
c. his acts are not stopped by his own
spontaneous desistance
Crimes, which do not admit of Frustrated and
Attempted Stages:
1. Offenses punishable by Special Penal Laws,
unless the law provides otherwise
2. Formal crimes – consummated in one
instance (Ex: slander, adultery, etc.)
3. Impossible Crimes
4. Crimes consummated by mere attempt (Ex:
attempt to flee to an enemy country, treason,
corruption of minors)
5. Felonies by omission
6. Crimes committed by mere agreement (Ex:
betting in sports: “ending,” corruption of
public officers)
Crimes which do not admit of Frustrated Stage:
1. Rape
2. Bribery
3. Corruption of Public Officers
4. Adultery
5. Physical Injury
Requisites:
1.A person has decided to commit a felony
2.And proposes its execution to some other person
or persons
ART. 9: GRAVE FELONIES, LESS GRAVE
FELONIES AND LIGHT FELONIES
Penalties (imprisonment):
1. Grave felonies – afflictive penalties: 6 yrs. and 1
day to reclusion perpetua (life)
2. Less grave felonies – correctional penalties: 1
month and 1 day to 6 years
3. Light felonies - arresto menor (1 day to 30 days)
Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
ART. 11. JUSTIFYING
CIRCUMSTANCESJUSTIFYING CIRCUMSTANCES
– where the act of a person is in accordance with law
such that said person is deemed not to have violated
the law.
General Rule: No criminal and civil liability
incurred.
Exception: There is civil liability with respect to
par. 4 where the liability is borne by persons
benefited by the act.

ART. 7: WHEN LIGHT FELONIES ARE Parag. 1: SELF-DEFENSE

PUNISHABLE Elements:

1. Unlawful Aggression
2. Reasonable necessity of the means
employed to prevent or repel it –
3. Lack of sufficient provocation on the part of
the person defending himself
Kinds of Self-Defense:
1. self-defense of chastity – there must be an
attempt to rape the victim
2. defense of property – must be coupled with
an attack on the person of the owner, or on one
entrusted with the care of such property.
3. self-defense in libel – justified when the libel
is aimed at a person’s good name.
“Stand ground when in the right” - the law does
not require a person to retreat when his assailant is
rapidly advancing upon him with a deadly weapon.
Par. 2 Defense of Relative
Elements:
1. unlawful aggression (indispensable
requirement)
2. reasonable necessity of the means employed
to prevent or repel it
3. In case the provocation was given by the
person attacked, the one making the defense
had no part in such provocation.
Par. 3 Defense of Stranger
Elements:
1. unlawful aggression (indispensable
requirement)
2. reasonable necessity of the means employed
to prevent or repel it
3. person defending be not induced by revenge,
resentment or other evil motive
Par. 4 State of Necessity (Avoidance of Greater
Evil or Injury)
Elements:
1. evil sought to be avoided actually exists
2. injury feared be greater than that done to
avoid it
1. no other practical and less harmful means of
preventing it
Par. 5 Fulfillment of Duty or Lawful Exercise of
a Right or Office
Elements:
1. accused acted in the performance of duty or in
the lawful exercise of a right or office
2. the injury caused or offense committed be the
necessary consequence of the due
performance of the duty, or the lawful exercise
of such right or office.
Subject: Criminal Law (Book 1) 4
Par. 6 Obedience to a Superior Order
Elements:
1. an order has been issued
2. order has a lawful purpose (not patently illegal)
3. means used by subordinate to carry out said
order is lawful
ART. 12: CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
EXEMPTING CIRCUMSTANCES – grounds for
exemption from punishment because there is wanting
in the agent of the crime any of the conditions which
make the act voluntary or negligent.
Basis: The exemption from punishment is based on
the complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence on
the part of the accused.
Burden of proof: Any of the circumstances is a
matter of defense and must be proved by the
defendant to the satisfaction of the court.
Par. 1 Imbecility or Insanity
IMBECILE – one while advanced in age has a mental
development comparable to that of children between
2 and 7 years old. He is exempt in all cases from
criminal liability.
INSANE – one who acts with complete deprivation of
intelligence/reason or without the least discernment
or with total deprivation of freedom of will. Mere
abnormality of the mental faculties will not exclude
imputability.
General Rule: Exempt from criminal liability
Exception: The act was done during a lucid interval.
Par. 2 Under Nine Years of Age
Requisite: Offender is under 9 years of age at the
time of the commission of the crime. There is
absolute criminal irresponsibility in the case of a
minor under 9 years of age.
NOTE: Under R.A. 9344 or the Juvenile Justice And
Welfare Act a minor 15 years and below is exempt
from criminal liability.
Par. 3 Person Over 9 and Under 15 Acting
Without Discernment

DISCERNMENT – mental capacity to fully appreciate
the consequences of the unlawful act, which is shown
by the:
 manner the crime was committed
 conduct of the offender after its commission
NOTE: Under R.A. 9344 a minor over 15 but below
18 who acted without discernment is exempt from
criminal liability
Par. 4 Accident without fault or intention of
causing it
Elements:
1. A person is performing a lawful act
2. with due care
3. He causes injury to another by mere accident
4. Without fault or intention of causing it.
Par. 5 Irresistible Force
IRRESISTIBLE FORCE – offender uses violence or
physical force to compel another person to commit a
crime.
Elements:
1. The compulsion is by means of physical force.
2. The physical force must be irresistible.
3. The physical force must come from a third
person.
Par. 6 Uncontrollable Fear
UNCONTROLLABLE FEAR – offender employs
intimidation or threat in compelling another to commit
a crime.
DURESS – use of violence or physical force
Elements:
1. The threat which causes the fear is of an evil
greater than, or at least equal to, that which he
is required to commit.
2. It promises an evil of such gravity and
imminence that an ordinary man would have
succumbed to it.
PAR 7. Insuperable Cause
INSUPERABLE CAUSE – some motive, which has
lawfully, morally or physically prevented a person to
do what the law commands.
Elements:
1. An act is required by law to be done.
2. A person fails to perform such act.
3. His failure to perform such act was due to
some lawful or insuperable cause.
Subject: Criminal Law (Book 1) 5
ABSOLUTORY CAUSES – where the act committed
is a crime but for some reason of public policy and
sentiment, there is no penalty imposed. Exempting
and justifying circumstances are absolutory causes.
Examples of such other circumstances are:
1. spontaneous desistance (Art. 6)
2. accessories exempt from criminal liability
(Art. 20)
1. Death or physical injuries inflicted under
exceptional circumstances (Art. 247)
2. persons exempt from criminal liability from
theft, swindling, malicious mischief (Art 332)
3. Entrapment
NOTE: Instigation is NOT an absolutory cause. A
buy-bust operation conducted in connection with
illegal drug-related offenses is a form of entrapment.
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY
ART. 13: MITIGATING CIRCUMSTANCES
MITIGATING CIRCUMSTANCES – those which if
present in the commission of the crime reduces the
penalty of the crime but does not erase criminal
liability nor change the nature of the crime
Kinds:
1.Privilege – It cannot be offset by any aggravating
circumstance. It has the effect of reducing the
penalty to 1 or 2 degrees lower.
2.Ordinary – It can be offset by ordinary
aggravating circumstance. If not offset, it reduces
the penalty in its minimum period.
Par. 1 Incomplete Justifying or Exempting
Circumstances
Par. 2 Under 18 or Over 70 Years Old
Par. 3 No Intention to Commit so Grave a Wrong
Factors that can be considered are:
1. weapon used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of
commission of crime
Par. 4 Provocation or Threat
Provocation – any unjust or improper conduct or act
of the offended party, capable of exciting, inciting or

irritating anyone.
Requisites:
1. provocation must be sufficient
2. it must originate from the offended party
3. must be immediate to the commission of the
crime by the person who is provoked
NOTE: Threat should not be offensive and positively
strong. Otherwise, it would be an unlawful
aggression, which may give rise to self-defense and
thus no longer a mitigating circumstance.
Par. 5 Vindication of Grave Offense
Requisites:
1. a grave offense done to the one committing the
felony, his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or
sisters or relatives by affinity within the same
degrees
2. the felony is committed in immediate
vindication of such grave offense
Par. 6 Passion or Obfuscation
Requisites:
1. offender acted upon an impulse
2. the impulse must be so powerful that it
naturally produced passion or obfuscation in
him
Par. 7 Surrender and Confession of Guilt
WHEN SURRENDER VOLUNTARY – must be
spontaneous, showing the intent of the accused to
submit him unconditionally to the authorities, either
because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble and
expense necessarily incurred in his search and
capture.
Par. 8 Physical Defect of Offender – The offender
is deaf and dumb, blind or otherwise suffering from
some physical defect, restricting his means of action,
defense or communication with others.
Par. 9 Illness of the Offender
Requisites:
1. The illness of the offender must diminish the
exercise of his will-power.
2. Such illness should not deprive the offender of
consciousness of his acts.
Par. 10 Similar and Analogous Circumstances
Subject: Criminal Law (Book 1) 6
CHAPTER FOUR
CIRCUMSTANCES WHICH AGGRAVATE
CRIMINAL LIABILITY
AGGRAVATING CIRCUMSTANCES – Those which,
if attendant in the commission of the crime, serve to
have the penalty imposed in its maximum period
provided by law for the offense or those that change
the nature of the crime.
BASIS: The greater perversity of the offender
manifested in the commission of the felony.
KINDS OF AGGRAVATING CIRCUMSTANCES:
1. Generic - those which apply to all crimes
2. Specific - those which apply only to specific
crimes,
3. Qualifying - those that change the nature of
the crime
4. Inherent - which of necessity accompany the
commission of the crime, therefore not
considered in increasing the penalty to be
imposed
5. Special - those which arise under special
conditions to increase the penalty of the
offense and cannot be offset by mitigating
circumstances.
ART. 14: AGGRAVATING CIRCUMSTANCES
Par. 1. That advantage be taken by the offender of
his public position
Requisites:
1. Offender is public officer
2. Public officer must use the influence, prestige,
or ascendancy which his office gives him as
means to realize criminal purpose.
Par. 2. That the crime be committed in contempt
of or with insult to public authorities
Requisites:
1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise of
said functions is not the person against whom
the crime is committed.
3. The offender knows him to be a public
authority.
4. His presence has not prevented the offender
from committing the criminal act.
PERSON IN AUTHORITY – public authority or
person who is directly vested with jurisdiction and has
the power to govern and execute the laws

Ex:
1. Governor
2. Mayor
3. Barangay captain/ chairman
4. Councilors
5. Government agents
6. Chief of Police
NOTE: A teacher or professor of a public or
recognized private school is not a “public authority
within the contemplation of this paragraph. While he
is a person in authority under Art. 152, that status is
only for purposes of Art. 148 (direct assault) and Art.
152 (resistance and disobedience).
AGENT – subordinate public officer charged w/ the
maintenance of public order and protection and
security of life and property
Ex: barrio vice lieutenant, barrio councilman
Par. 3. That the act be committed:
1.with insult or in disregard of the respect
2.due the offended party on account of his
(a)rank, (b) age, or (c) sex or
3.that it be committed in the dwelling of the
offended party, if the latter has not given
provocation
RANK – The designation or title of distinction used to
fix the relative position of the offended party in
reference to others (There must be a difference in the
social condition of the offender and the offended
party).
AGE – may refer to old age or the tender age of the
victim.
SEX– refers to the female sex, not to the male sex.
DWELLING – must be a building or structure
exclusively used for rest and comforts (combination
of house and store not included), may be temporary
as in the case of guests in a house or bedspacers. It
includes dependencies, the foot of the staircase and
the enclosure under the house
Par. 4. That the act be committed with:
(1) abuse of confidence or
(2) obvious ungratefulness
Requisites Of Abuse Of Confidence:
1. That the offended party had trusted the
offender.
2. That the offender abused such trust by
committing a crime against the offended party.
3. That the abuse of confidence facilitated the
commission of the crime.
Par. 5. That the crime be committed in the palace
of the Chief Executive, or in his presence, or
where public authorities are engaged in the
Subject: Criminal Law (Book 1) 7
discharge of their duties, or in a place dedicated
to religious worship.
Actual performance of duties is not
necessary when crime is committed in the palace or
in the presence of the Chief Executive
Par. 6. That the crime be committed
(1) in the nighttime, or
(2) in an uninhabited place, or
(3) by a band,
whenever such circumstance may facilitate
the commission of the offense
NOTE: When present in the same case and their
element are distinctly palpable and can subsist
independently, they shall be considered separately.
NIGHTTIME (obscuridad) – that period of darkness
beginning at the end of dusk and ending at dawn.
NOTE: Commission of the crime must begin and be
accomplished in the nighttime. When the place of the
crime is illuminated by light, nighttime is not
aggravating. It is not considered aggravating when
the crime began at daytime.
General Rule: Nighttime is absorbed in treachery.
Exception: Where both the treacherous mode of
attack and nocturnity were deliberately decided upon
in the same case, they can be considered separately
if such circumstances have different factual bases.
UNINHABITED PLACE (despoblado) – one where
there are no houses at all, a place at a considerable
distance from town, where the houses are scattered
at a great distance from each other.
BAND (en cuadrilla) – whenever there are more
than 3 armed malefactors that shall have acted
together in the commission of an offense.
NOTE: There must be four or more armed men
Par. 7. That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or
misfortune.
Requisites:
1. The crime was committed when there was a
calamity or misfortune

2. The offender took advantage of the state of
confusion or chaotic condition from such
misfortune
Par. 8.That the crime be committed with the aid of
(1) armed men or
(2) persons who insure or afford impunity
Requisites:
1. That armed men or persons took part in the
commission of the crime, directly or indirectly.
2. That the accused availed himself of their aid or
relied upon them when the crime was
committed.
Par. 9. That the accused is a recidivist
RECIDIVIST – one who at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of the RPC.
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses are
embraced in the same title of the Code;
4. That the offender is convicted of the new
offense.
Par. 10. That the offender has been previously
punished for an offense to which the law attaches
an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty.
Requisites of Reiteracion Or Habituality:
1. That the accused is on trial for an offense;
2. That he previously served sentence for another
offense to which the law attaches an a) Equal
or b) Greater penalty, or c) For two or more
crimes to which it attaches a lighter penalty
than that for the new offense; and
3. That he is convicted of the new offense
THE FOUR FORMS OF REPETITION ARE:
1. Recidivism (par. 9, Art. 14) – Where a person,
on separate occasions, is convicted of two
offenses embraced in the same title in the
RPC. This is a generic aggravating
circumstance.
2. Reiteracion or Habituality (par. 10, Art. 14) –
Where the offender has been previously
punished for an offense to which the law
attaches an equal or greater penalty or for two
crimes to which it attaches a lighter penalty.
This is a generic aggravating circumstance.
Subject: Criminal Law (Book 1) 8
3. Multi-recidivism or Habitual delinquency
(Art.62, par, 5) – Where a person within a
period of ten years from the date of his release
or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft,
estafa or falsification, is found guilty of the said
crimes a third time or oftener. This is an
extraordinary aggravating circumstance.
4. Quasi-recidivism (Art. 160) – Where a person
commits felony before beginning to serve or
while serving sentence on a previous
conviction for a felony. This is a special
aggravating circumstance.
NOTE: Since reiteracion provides that the accused
has duly served the sentence for his previous
conviction/s, or is legally considered to have done so,
quasi-recidivism cannot at the same time constitute
reiteracion, hence this aggravating circumstance
cannot apply to a quasi-recidivist.
Par. 11. That the crime be committed in
consideration of price, reward or promise.
Requisites:
1.There are at least 2 principals:
a. The principal by inducement (one who offers)
b. The principal by direct participation (accepts)
2.The price, reward, or promise should be previous
to and in consideration of the commission of the
criminal act.
Par. 12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment
of a locomotive, or by use of any artifice
involving great waste and ruin
The circumstances under this paragraph will
only be considered as aggravating if and when they
are used by the offender as a means to accomplish a
criminal purpose
Par. 13. That the act be committed with evident
premeditation
Requisites: The prosecution must prove –
1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit has
clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and to
allow his conscience to overcome the
resolution of his will.

Essence of premeditation: The execution of the
criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a
calm judgment.
Par. 14. That (1) craft, (2) fraud, or (3) disguise be
employed.
Requisite
1. The offender must have actually used craft,
fraud, or disguise to facilitate the commission of
the crime.
CRAFT (astucia) – involved the use of intellectual
trickery or cunning on the part of the accused. A
chicanery resorted to by the accused to aid in the
execution of his criminal design. It is employed as a
scheme in the execution of the crime.
FRAUD (fraude) – insidious words or machinations
used to induce the victim to act in a manner which
would enable the offender to carry out his design.
DISGUISE (disfraz) – resorting to any device to
conceal identity.
Par. 15. That (1) advantage be taken of superior
strength, or (2) means be employed to weaken
the defense.
It contemplates two aggravating circumstances,
either of which qualifies a killing to murder.
Par. 16. That the act be committed with treachery
(alevosia)
Requisites:
1. That at the time of the attack, the victim was
not in a position to defend himself; and
2. That the offender consciously adopted the
particular means, method or form of attack
employed by him.
TREACHERY ABSORBS:
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the defense
4. Cuadrilla (“band”)
5. Aid of armed men
6. Nighttime
Par. 17. That means be employed or
circumstances brought about which add
ignominy to the natural effects of the act
IGNOMINY – is a circumstance pertaining to the
moral order, which adds disgrace and obloquy to the
material injury caused by the crime.
Subject: Criminal Law (Book 1) 9
Par. 18. That the crime be committed after an
unlawful entry.
UNLAWFUL ENTRY - when an entrance is effected
by a way not intended for the purpose.
Par. 19. That as a means to the commission of a
crime, a wall, roof, floor, door, or window be
broken.
Applicable only if such acts were done by the
offender to effect ENTRANCE. If the wall, etc., is
broken in order to get out of the place, it is not an
aggravating circumstance.
Par. 20. That the crime be committed (1) with the
aid of persons under fifteen (15) years of age, or
(2) by means of motor vehicles, airships, or other
similar means.
Par. 21. That the wrong done in the commission
of the crime be deliberately augmented by
causing other wrong not necessary for its
commission
CRUELTY – there is cruelty when the culprit enjoys
and delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the
consummation of the criminal act.
Requisites:
1. That the injury caused be deliberately
increased by causing other wrong;
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
CHAPTER FIVE
ALTERNATIVE CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES – Those which
must be taken into consideration as aggravating or
mitigating according to the nature and effects of the
crime and the other conditions attending its
commission.
ART.15 Concept of Alternative Circumstances
BASIS: The nature and effects of the crime and the
other conditions attending its commission.
THE ALTERNATIVE CIRCUMSTANCES ARE:
1. Relationship;
2. Intoxication; and
3. Degree of instruction and education of the
offender.
RELATIONSHIP – The alternative circumstance of
relationship shall be taken into consideration when
the offended party is the – Spouse, Ascendant,
Descendant, Legitimate, natural, or adopted brother

or sister, or Relative by affinity in the same degree of
the offender.
INTOXICATION
1. Mitigating –
 If intoxication is not habitual, or
 If intoxication is not subsequent to the plan to
commit a felony.
2. Aggravating –
 If intoxication is habitual, or
 If it is intentional (subsequent to the plan to
commit a felony).
INSTRUCTION OR EDUCATION
 As an alternative circumstance it does not refer
only to literacy but more to the level of
intelligence of the accused.
 Refers to the lack or presence of sufficient
intelligence and knowledge of the full significance
of one’s acts.
 Low degree of instruction and education or
lack of it is generally mitigating. High degree
of instruction and education is aggravating,
when the offender took advantage of his learning
in committing the crime.
General Rule: Lack of sufficient education is
mitigating.
Exceptions:
1. Crimes against property (e.g. arson, estafa,
theft, robbery)
2. Crimes against chastity, and
3. Treason – because love of country should be a
natural feeling of every citizen, however
unlettered or uncultured he may be.
TITLE TWO
PERSONS CRIMINALLY LIABLE FOR
FELONIES
ART.16.WHO ARE CRIMINALLY LIABLE –
Principals, Accomplice, Accessory
NOTE:
 Those accessories are not liable for light
felonies. REASON: In the commission of light
felonies, the social wrong as well as the
individual prejudice is so small that penal
sanction is unnecessary.
ART.17.PRINCIPALS
THREE TYPES OF PRINCIPALS:
1. Principal by DIRECT PARTICIPATION
(par.1)
Subject: Criminal Law (Book 1) 10
1. Principal by INDUCTION (par.2)
2. Principal by INDISPENSABLE
COOPERATION (par.3)
ART.18.ACCOMPLICES–
ACCOMPLICES - Persons who do not act as
principals but cooperate in the execution of the
offense by previous and simultaneous acts, which are
not indispensable to the commission of the crime.
They act as mere instruments that perform acts not
essential to the perpetration of the offense
ART.19.ACCESSORIES
Accessories are those who:
1. having knowledge of the commission of the
crime, and
2. without having participated therein either as
principals or accomplices, take part subsequent
to its commission in any of the following acts:
a. By profiting themselves or assisting the
offender to profit by the effects of the
crime.
b. Assisting the offender to profit by the
effects of the crime.
c. By concealing or destroying the body of the
crime to prevent its discovery.
PD 1612 – THE ANTI-FENCING LAW OF 1979
FENCING – is an act, with intent to gain, of buying,
selling, receiving, possessing, keeping, or in any
other manner dealing in anything of value which a
person knows or should have known to be derived
from the proceeds of the crime of robbery or theft.
FENCE– is a person who commits the act of fencing.
A fence who receives stolen property as above
provided is not an accessory but a principal in the
crime defined in and punished by the Anti-Fencing
Law.
ART.20.ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABILITY
An accessory is exempt from criminal liability
when the principal is his:
1. spouse, or
2. ascendant, or
3. descendant
4. legitimate, natural or adopted brother,
sister\or relative by affinity within the same
degree.
Accessory Is Not Exempt From Criminal Liability
Even If The Principal Is Related To Him, If Such
Accessory –
1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects
of the crime.

P.D. 1829 penalizes the act of any person who
knowingly or willfully obstructs, impedes, frustrates
or delays the apprehension of suspects and the
investigation and prosecution of criminal cases.
TITLE THREE
PENALTIES
Chapter One : PENALTIES IN GENERAL
PENALTY – suffering inflicted by the State for the
transgression of a law.
Different Juridical Conditions of Penalty:
1. Must be productive of suffering, without
however affecting the integrity of the human
personality.
2. Must be commensurate with the offense –
different crimes must be punished with different
penalties
3. Must be personal – no one should be
punished for the crime of another.
4. Must be legal – it is the consequence of a
judgment according to law.
5. Must be certain – no one may escape its
effects.
6. Must be equal for all.
7. Must be correctional.
Theories Justifying Penalty:
1. Prevention – to prevent or suppress the
danger to the State arising from the criminal act
of the offender.
2. Self-defense – so as to protect society from
the threat and wrong inflicted by the criminal.
3. Reformation – the object of punishment in
criminal cases is to correct and reform the
offender.
4. Exemplarity – the criminal is punished to serve
as an example to deter others from committing
crimes.
5. Justice – that crime must be punished by the
State as an act of retributive justice, a
vindication of absolute right and moral law
violated by the criminal.
Three-Fold Purpose Of Penalty Under The Code:
1. Retribution or expiation – the penalty is
commensurate with the gravity of the offense.
2. Correction or reformation – shown by the
rules which regulate the execution of the
penalties consisting in deprivation of liberty.
3. Social defense – shown by its inflexible
severity to recidivists and habitual delinquents.
ART.22.RETROACTIVE EFFECT OF PENAL LAWS
GENERAL RULE: Penal laws are applied
prospectively.
Subject: Criminal Law (Book 1) 11
EXCEPTION: When retrospective application will be
favorable to the person guilty of a felony; Provided
that:
1. The offender is NOT a habitual criminal
(delinquent) under Art. 62(5);
2. The new or amendatory law does NOT provide
against its retrospective application.
EX POST FACTO LAW - An act which when
committed was not a crime, cannot be made so by
statute without violating the constitutional inhibition as
to ex post facto laws.
BILL OF ATTAINDER – A legislative act which
inflicts punishment without trial.
ART.23.EFFECT OF PARDON BY THE OFFENDED
PARTY–
GENERAL RULE: Pardon by the offended party
does not extinguish the criminal liability of the
offender. REASON: A crime committed is an offense
against the State. Only the Chief Executive can
pardon the offenders.
EXCEPTION: Pardon by the offended party will bar
criminal prosecution in the following crimes:
1. Adultery and Concubinage
2. Seduction, Abduction, Acts of
Lasciviousness
3. Rape (as amended by R.A. 8353)
ART.24.MEASURES OF PREVENTION OR
SAFETY, WHICH ARE NOT CONSIDERED
PENALTIES
ART. 26: WHEN AFFLICTIVE, CORRECTIONAL,
OR LIGHT PENALTY
Fines:
1. Afflictive – over 6000
2. Correctional – 201 to 6000
3. Light – 200 and less
Chapter Three
DURATION AND EFFECTS OF PENALTIES
Section One. — Duration of Penalties
Art. 27: RECLUSION PERPETUA
1. Reclusión perpetua – 20 years and 1 day to
40 years
2. Reclusión temporal – 12 years and 1 day to
20 years
3. Prisión mayor and temporary
disqualification – 6 years and 1 day to 12
years, except when disqualification is an

accessory penalty, in which case its duration is
that of the principal penalty
4. Prisión correccional, suspensión, and
destierro – 6 months and 1 day to 6 years,
except when suspensión is an accessory
penalty, in which case its duration is that of the
principal penalty
4. Arresto mayor – 1 month and 1 day to 6
Months
5. Arresto menor – 1 day to 30 days
5. Bond to keep the peace – The period is
discretionary on the court.
NOTE: - Destierro is a principal, divisible and
correctional penalty.
ART. 29: PERIOD OF PREVENTIVE
IMPRISONMENT DEDUCTED FROM TERM OF
IMPRISONMENT
Instances when accused undergoes preventive
suspension:
1. offense is non-bailable
2. bailable but can’t furnish bail
RULE:
 Full Time: if the detention prisoner agrees
voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted
prisoners
 Four-fifths (4/5) of the time: if the detention
prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted
prisoners. Except: Recidivist, Habitual
Delinquent & Escapee.
ART 34: CIVIL INTERDICTION – Effects;
Deprivation of the following rights:
1. Parental rights
2. Guardianship over the ward
3. Marital authority
4. Right to manage property and to dispose of
the same by acts inter vivos.
ART. 35: EFFECTS OF BOND TO KEEP THE
PEACE
Bond to keep the peace is different from bail bond
which is posted for the provisional release of a
person arrested for or accused of a crime. Bond to
keep the peace or for good behavior is imposed as a
penalty in threats.
ART. 36: PARDON; ITS EFFECT
Pardon by the President – does not restore the right
to public office or suffrage except when both are
Subject: Criminal Law (Book 1) 12
expressly restored in the pardon. Nor does it exempt
one from civil liability or from payment of civil
indemnity.
Pardon by the offended party – does not extinguish
criminal liability; may include offended party waiving
civil indemnity and it should be done before the
institution of the criminal prosecution and extended to
both offenders.
ART. 37: COST; WHAT ARE INCLUDED
Costs include:
1. Fees
2. Indemnities, in the course of judicial
proceedings
ART. 38: PECUNIARY LIABILITIES; ORDER OF
PAYMENT
Pecuniary liabilities of persons criminally liable,
in the following order:
1. The reparation of the damage caused
2. Indemnification of the consequential
damages
3. Fine
4. Costs of proceedings
ART. 39: SUBSIDIARY PENALTY NOTES:
When the penalty prescribed is imprisonment, it is the
penalty actually imposed by the Court, not the
penalty provided for by the Code, which should be
considered in determining whether or not subsidiary
penalty should be imposed.
RULES AS TO SUBSIDIARY PENALTY
1. If the penalty imposed is prisión correccional or
arresto and fine – subsidiary imprisonment is
not to exceed 1/3 of the term of the sentence,
and in no case to continue for more than one
year. Fraction or part of a day, not counted.
2. When the penalty imposed is fine only –
subsidiary imprisonment is:
a. not to exceed 6 months – if the culprit
is prosecuted for grave or less grave
felony, and
b. not to exceed 15 days – if prosecuted
for light felony.
3. When the penalty imposed is higher than
prisión correccional – no subsidiary
imprisonment.
4. If the penalty imposed is not to be executed by
confinement, but of fixed duration – subsidiary
penalty shall consist in the same deprivations
as those of the principal penalty, under the
same rules as nos. 1, 2 and 3 above.
5. In case the financial circumstances of the
convict should improve, he shall pay the fine,

notwithstanding the fact that the convict
suffered subsidiary personal liability therefor.
Chapter Four
APPLICATION OF PENALTIES
ART. 47: IN WHAT CASES THE DEATH PENALTY
SHALL NOT BE IMPOSED
RA 9346 – Abolished the Death Penalty Law
ART.48: PENALTY FOR COMPLEX CRIMES
COMPLEX CRIME – Although there actually are two
or more crimes, the law treats them as constituting
only one- as there is only one criminal intent. Only
one information needs be filed.
Two (2) Kinds Of Complex Crimes:
1. COMPOUND CRIME – single act constitutes 2 or
more grave or less grave felonies
Requisites:
a. that only one single act is performed by the
offender
b. that the single act produces
 2 or more grave felonies
 one or more grave and one
c. or more less grave felonies
 2 or more less grave felonies
2. COMPLEX CRIME PROPER – when an offense
is a necessary means for committing another
Requisites:
a. that at least 2 offenses are committed
b. that one or some of the offenses must be
necessary to commit the other
c. that both or all the offenses must be
punished under the same statute
PLURALITY OF CRIMES – consists in the
successive execution by the same individual of
different criminal acts upon any of which no
conviction has yet been declared.
CONTINUED CRIME – refers to a single crime
consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts,
there is only one crime committed, so only one
penalty shall be imposed.
ART. 70: SUCCESSIVE SERVICE OF SENTENCE
The Three-Fold Rule:
1. Maximum duration of the convict’s sentence: 3
times the most severe penalty imposed
2. Maximum duration: shall not exceed 40 yrs
Subject: Criminal Law (Book 1) 13
3. Subsidiary imprisonment: This shall be
excluded in computing for the maximum
duration.
ART. 72: PREFERENCE IN THE PAYMENT OF
THE CIVIL LIABILITIES
NOTE: The penalties shall be satisfied according to
the chronological order of the dates of the final
judgment. (Art. 70)
Chapter Five
EXECUTION AND SERVICE OF PENALTIES
ART. 79: SUSPENSION OF THE EXECUTION AND
SERVICE OF THE PENALTIES IN CASE OF
INSANITY
INDETERMINATE SENTENCE LAW
(Act No. 4103 as amended by Act No. 4225)
NOTE: It applies to both violations of Revised Penal
Code and special laws, and is based on the penalty
actually imposed.
IF THE PENALTY IS IMPOSED BY THE RPC:
1. The Maximum Term – is that which could be
properly imposed under the RPC, considering
the aggravating and mitigating circumstances.
2. The MinimumTerm – is within the range of the
penalty one degree lower than that prescribed
by the RPC, without considering the
circumstances.
IF THE PENALTY IS IMPOSED BY SPECIAL
PENAL LAW
1. The Maximum Term – must not exceed the
maximum term fixed by said law.
2. The Minimum Term – must not be less than
the minimum term prescribed by the same.
PROBATION LAW OF 1976
(PD 968, AS AMENDED)
PROBATION - a disposition under which a defendant
after conviction and sentence is released subject to
 Subject: Criminal Law (Book 1) 14

conditions imposed by the court and to the
supervision of a probation officer
ART. 83: SUSPENSION OF THE EXECUTION OF
THE DEATH SENTENCE
Death sentence commuted to RP:
1. woman, while pregnant
2. woman, within 1 year, after delivery
3. person over 70 years of age
4. convict who becomes insane after final
sentence of death has been pronounced
Title Four
EXTINCTION OF CRIMINAL LIABILITY
ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY
EXTINGUISHED
1. Death
2. Service of Sentence
3. Amnesty – is an act of the sovereign power
granting oblivion or general pardon. It wipes all
traces and vestiges of the crime but does not
extinguish civil liability.
4. Absolute Pardon – Pardon is an act of grace
proceeding from the power entrusted with the
execution of laws, which exempts the individual
from the punishment the law inflicts for the
crime.
5. Prescription of Crime
Prescriptive Periods of Crimes:
Crimes punishable by:
 Death, reclusión perpetua or reclusión
temporal – 20 years
 Afflictive penalties – 15 years
 Correctional penalties – 10 years;
 Except those punishable by arresto mayor
which shall prescribe in 5 years
 Crime of libel – 1 year
 Offenses of oral defamation and slander by
deed – 6 months
 Light offenses – 2 months
6. By Prescription Of Penalty
1. Death and reclusión perpetua – 20 years
2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years, except
for the penalty of arresto mayor which
prescribes in 5 years
4. Light penalties – 1 year
7. By Marriage of the Offended woman (art.
344)
Crimes covered:
1. seduction
2. abduction
3. acts of lasciviousness
NOTE: The marriage must be contracted in
good faith.
ART. 94: PARTIAL EXTINCTION OF CRIMINAL
LIABILITY
1. Conditional pardon – contract between the
sovereign power of the executive and the convict
2. Commutation – change in the decision of the court
by the chief regarding the:
 degree of the penalty
 by decreasing the length of the
 imprisonment or fine
Commutation Allowed When:
 person is over 70 years old
 8 justices fail to reach a decision affirming
 the death penalty
3. PAROLE – consists in the suspension of the
sentence of a convict after serving the minimum
term of the indeterminate penalty, without granting
pardon, prescribing the terms upon which the
sentence shall be suspended. In case his parole
conditions are not observed, a convict may be
returned to the custody and continue to serve his
sentence without deducting the time that elapsed.
4. Good conduct allowance during confinement –
Deduction for the term of sentence for good
behavior
For Good Cond

NOTE: means the loss/forfeiture of the right of

government to execute the final sentence after
the lapse of a certain time.

Conditions: uct Per Year

1. There must be final judgment. Good Conduct Time Allowance Table
2. The period must have elapsed. Years Allowance
First 2 years 5 days per month of good
Prescriptive periods of penalties: behavior
3rd to 5th years 8 days per month of good
behavior
 Subject: Criminal Law (Book 1) 15

Following years up to 10th 10 days per month of good
year behavior
11th year and successive 15 days per month of good
years behavior
ART. 98: SPECIAL TIME ALLOWANCE FOR LOYALTY
NOTES:
 The article applies only to prisoners who escaped.
 There is a deduction of 1/5 of the period of
sentence of prisoner who, having evaded the
service of his sentence during the calamity or
catastrophe mentioned in Art 158, gives himself up
to the authorities within 48 hours following the
issuance of the proclamation by the President
announcing the passing away of the calamity or
catastrophe.
 The deduction is based on the original sentence and
not on the unexpired portion.
 Art 158 provides for increased penalties – A convict
who has evaded the service of his sentence by
leaving the penal institution on the occasion of
disorder resulting from conflagration, earthquake or
similar catastrophe or during mutiny in which he did
not participate is liable to an increased penalty (1/5
of the time still remaining to be served – not to
exceed 6 months), if he fails to give himself up to
the authorities within 48 hours following the issuance
of a proclamation by the President announcing the
passing away of the calamity.
2. the private person injured, unless it involves the
crime of treason, rebellion, espionage, contempt and
others where no civil liability arises on the part of the
offender either because there are no damages or
there is no private person injured by the crime
ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER
PERSONS
Requisites:
1. The employer, teacher, person or corporation is
engaged in any kind of industry.
2. Any of their servants, pupils, workmen, apprentices or
employees commits a felony while in the discharge of
his duties.
3. The said employee is insolvent and has not satisfied
his civil liability.
ART. 112: EXTINCTION OF CIVIL LIABILITY
Civil Liability Is Extinguished By:
1. payment or performance
2. loss of the thing due condonation or remission of the
debt
3. confusion or merger of the rights of creditor and
debtor
4. compensation
5. Novation – is a substitution of a new for an old debt.
The old debt is extinguished by the new one
contracted in its stead.

ART. 99: WHO GRANTS TIME ALLOWANCES

NOTES:
 The authority to grant time allowance for good
conduct is exclusively vested in the Director of
Prison. (e.g. provincial warden cannot usurp
Director’s authority)
 It is not an automatic right, and once granted, cannot
be revoked by him.

Title Five
CIVIL LIABILITY

TWO CLASSES OF CIVIL LIABILITY

1. social injury – produced by disturbance and alarm
which are the outcome of the offense
2. personal injury – caused by the victim who may
have suffered damage, either to his person,
property, honor or chastity

ART. 100: CIVIL LIABILITY OF A PERSON GUILTY OF

FELONY

Dual Character Of The Crime As Against:

1. the state, because of the disturbance of peace and
order