Review Clas

Criminal Law 1

General Principles

CRIMINAL LAW IN GENERAL

Criminal Law, defined.

Criminal law is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.

Characteristics of criminal law.

Criminal law has three main characteristics:

(1)GENERAL
GENERAL, in that criminal law is binding on all persons who live or sojourn in Philippine
territory. (Art. 14, new Civil Code)

(2) TERRITORIAL

TERRITORIAL, in that criminal laws undertake to punish crimes committed within Philippine
territory. The principle of territoriality means that as a rule, penal laws of the Philippines are
enforceable only within its territory.

(3) PROSPECTIVE

PROSPECTIVE, in that a penal law cannot make an act punishable in a manner in which
it was not punishable when committed. As provided in Article 366 of the Revised Penal Code,
crimes are punished under the laws in force at the time of their commission.

Construction of penal laws.

Penal laws are strictly construed against the Government and liberally in favor of the accused.
This rule can be invoked only where the law is ambigous and there is doubt as to its
interpretation.
In the construction or interpretation of the provisions of the Revised Penal Code, the Spanish
text is controlling, because it was approved by the Philippine legislature in its Spanish text.
( People vs. Manaba)

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.

Two important theories in Criminal Law

Classical Theory
Characteristics:
The basis of criminal liability is human free will and the purpose of the penalty is retribution.
That man is essentially a moral creature with an absolutely free will to choose between good
and evil, therby placing more stress upon the effect or result of the felonious act than upon the
man, the criminal himself.
Positivist Theory
Characteristics
That man is subdued occasionally by a strange and morbid phenomenom which constrains him
to do wrong, in spite of or contrary to his volition.
Crimes committed on board foreign merchant ship or airship.
Just as our merchant ship is an extension of our territory, foreign merchant ship
is considered an extension of the territory of the country to which it belongs. For this reason, an
offense committed on the high seas on board a foreign merchant vessel is not triable by our
courts.
Offense committed on board a foreign merchant vessel while on Philippine waters is
triable before our court.
Since the Philippine territory extends to three miles from the headlands, when a foreign
merchant vessel enters this three-mile limit, the ship's officers and crew become subject to the
jurisdiction of our courts. The space within 3 miles of a line drawn from the headlands which
embrace the entrance to Manila Bay is within territorial waters. (U.S. vs. Bull, 15 Phil. 7, 17-18)

Rules as to jurisdiction over crimes committed aboard foreign merchant vessels.

There are two rules as to jurisdiction over crimes committed aboard merchant vessels
while in the territorial waters of another country. 1.French Rule. — Such crimes are not triable
in the courts of that country, unless their commission affects the peace and security of the
territory or the safety of the state is endangered. 2.English Rule. — Such crimes are triable in
that country, unless they merely affect things within the vessel or they refer to the internal
management thereof. In this country, we observe the English Rule.
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Art. 3. Definition. —
Acts and omissions punishabl e by law are felonies (delitos). Felonies are committed not only by means
of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with
deliberate intent; and there is fault when n the wrongful act results from imprudence , negligence , lack
of foresight, or lack of skill. Felonies, defined. Felonies are acts and omissions punishable by the Revised
Penal Code.
Elements of felonies. The elements of felonies in general are: 1. That there must be an act or omission.
2. That the act or omission must be punishable by the Revised Penal Code. 3. That the act is performed
or the omission incurred by means of dolo or culpa.

Classification of felonies according to the means by which they are committed. Art. 3 classifies felonies,
according to the means by which they are committed, into;

(1) intentional felonies, and

(2) culpable felonies.
Thus, the second paragraph of Art. 3 states that felonies are committed not only by means of deceit
(dolo) but also by means of fault (culpa).

Intentional felonies and culpable felonies distinguished. 1.In intentional felonies, the act or
omission of the offender is malicious. In the language of Art. 3, the act is performed with deliberate
intent (with malice). The offender, in performing the act or in incurring the omission, has the intention
to cause an injury to another.
2. In culpable felonies, the act or omission of the offender is not malicious. The injury caused by the
offender to another person is "unintentional, it being simply the incident of another act performed
without malice." (People vs. Sara, 55 Phil. 939) As stated in Art. 3, the wrongful act results from
imprudence, negligence, lack of foresight or lack of skill.

There are three classes of crimes. The Revised Penal Code defines and penalizes the first two classes of
crimes, (1) the intentional felonies,and (2) the culpable felonies. The third class of crimes are those
defined and penalized by special laws which include crimes punished by municipal or city ordinances.3

Mistake of fact. While ignorance of the law excuses no one from compliance therewith (ignorantia legis
non excusat), ignorance or mistake of fact relieves the accused from criminal liability (ignorantia facti
excusat). Mistake of fact is a misapprehension of fact on the part of the person who caused injury to
another. He is not, however, criminally liable, because he did not act with criminal intent.

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

In mistake of fact, the act done by the accused would have

constituted (1) a justifying circumstance under Art. 11, (2) an absolutory cause, such as that
contemplated in Art. 247, par. 2, or (3) an involuntary act.

When the accused is negligent, mistake of fact is not a defense.

Crimes punished by special laws

Dolo is not required in crimes punished by special laws.

When the crime is punished by a special law, as a rule, intent to commit the crime is not necessary. It is
sufficient that the offender has the intent to perpetrate the act prohibited by the special law. Intent to
commit the crime and intent to perpetrate the act must be distinguished. A person may not have
consciously intended to commit a crime; but he did intend to commit an act, and that act is, by the very
nature of things, the crime itself. (U.S. vs. Go Chico, 14 Phil. 128) In the first (intent to commit the
crime), there must be criminal intent; in the second (intent to perpetrate the act), it is enough that the
prohibited act is done freely and consciously.

Good faith and absence of criminal intent not valid defenses in crimes punished by special laws.

Mala in se and mala prohibita, distinguished.

There is a distinction between crimes which are mala in se, or wrongful from their nature, such as theft,
rape, homicide, etc., and those that are mala prohibita, or wrong merely because prohibited by statute,
such as illegal possession of firearms.

Crimes mala in se are those so serious in their effects on society as to call for almost unanimous
condemnation of its members; while crimes mala prohibita are violations of mere rules of convenience
designed to secure a more orderly regulation of the affairs of society. (Bouvier's Law Dictionary, Rawle's
3rd Revision)

(1) In acts mala in se, the intent governs; but in those mala prohibita, the only inquiry is, has the law
been violated? (People vs. Kibler, 106 N.Y., 321, cited in the case of U.S. vs. Go Chico, 14 Phil. 132)
Criminal intent is not necessary where the acts are prohibited for reasons of public policy, as in illegal
possession of firearms. (People vs. Conosa, C.A., 45 O.G. 3953)

(2) The term mala in se refers generally to felonies denned and penalized by the Revised Penal Code.
When the acts are inherently immoral, they are mala in se, even if punished by special laws. On the
other hand, there are crimes in the Revised Penal Code which were originally defined and penalized by
special laws. Among them are possession and use of opium, malversation, brigandage, and libel. The
term mala prohibita refers generally to acts made criminal by special laws.4

When the acts are inherently immoral, they are mala in se, even if punished under special law.

STAGES OF EXECUTION OF CRIMES

Consummated felony, defined. A felony is consummated when all the elements necessary for its
execution and accomplishment are present.
Frustrated felony, defined.

It is frustrated when the offender performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by reason of causes independent of the will of
the perpetrator.

Attempted felony, defined. Ther e is an attempt whe n the offender commences s the commission of a
felony directly by overt acts, and does not perform all the acts of execution which should produce the
felony by reason of some cause or accident other than his own spontaneous desistance.

ATTEMPTED FELONYThere is an attempt when the offender begins the commission of a felony directly
by overt acts. He has not performed all the acts of execution which should produce the felony. Elements
of attempted felony:

1. The offender commences the commission of the felony directly by overt acts; 2. He does not perform
all the acts of execution which should produce the felony; 3. The offender's act is not stopped by his
own spontaneous desistance;

4. The non-performance of all acts of execution was due to cause or accident other than his
spontaneous desistance.

FRUSTRATED FELONY

Elements: 1. The offender performs all the acts of execution; 2. All the acts performed would produce
the felony as a consequence; 3. But the felony is not produced; 4. By reason of cause s independent of
the will of the perpetrator.

CONSUMMATED FELONY. A felony is consummated when all the elements necessary for its execution
and accomplishment are present.

LIGHT FELONIES

Light felonies are punishable only when they have been consummated, with the exception of those
committed against persons or property.

What are light felonies? Light felonies are those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided. (Art. 9, par. 3) The light
felonies punished by the Revised Penal Code: 1. Slight physical injuries. (Art. 266) 2. Theft. (Art. 309,
pars. 7 and 8) 3. Alteration of boundary marks. (Art. 313) 4. Malicious mischief. (Art. 328, par. 3; Art.
329, par. 3) 5. Intriguing against honor. (Art. 364)
General Rule:

Light felonies are punishable only when they have been consummated.

Exception: Light felonies committed against persons or property, are punishable even attempted or
frustrated.

CONSPIRACY AND PROPOSAL TO COMMIT FELONY

Conspiracy and proposal to commit felony are punishable only in the case in which the law specially
provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some
other person or persons.

Conspiracy and proposal to commit felony are two different acts or felonies: (1) conspiracy to commit a
felony, and (2) proposal to commit a felony.

Unless there is a specific provision in the Revised Penal Code providing a penalty for conspiracy or
proposal to commit a felony, mere conspiracy or proposal is not a felony.

The Revised Penal Code specially provides a penalty for mere conspiracy and proposal:

1.Conspiracy and proposal to commit treason

2.Conspiracy and proposal to commit coup d'etat, rebellion or insurrection.

3.Conspiracy to commit sedition

Treason, coup d'etat rebellion or sedition should not be actually committed.

The crimes in which conspiracy and proposal are punishable are against the security of the State or
economic security.

The conspirators should not actually commit treason, coup d'etat rebellion or sedition. It is sufficient
that two or more persons agree and decide to commit treason, rebellion or sedition. If they commit, say,
treason, they will be held liable for treason, and the conspiracy which they had before committing
treason is only a manner of incurring criminal liability. It is not a separate offense.

CLASSIFICATION OF FELONIES ACCORDING TO THEIR GRAVITY.

1.Grave felonies are those to which the law attaches the capital punishment or penalties which in any
of their periods are afflictive, in accordance with Article 25 of the Revised Penal Code .
2.Less grave felonies are those which the law punishes with penalties which in their maximum period
are correctional, in accordance with the above-mentioned article .

3.Light felonies are those infractions of law for the commission of which the penalty of arresto menor or
a fine not exceeding 200 pesos, or both, is provided.

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

The circumstances affecting criminal liability are:

I. Justifying circumstances (Art. 11) II. Exempting circumstances (Art. 12), and other absolutory causes
(Arts. 20; 124, last par.; 280, last par.; 332; 344; etc.) III. Mitigating circumstances (Art. 13) IV.
Aggravating circumstances (Art. 14) V. Alternative circumstances (Art. 15)

JUSTIFYING CIRCUMSTANCES.

The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur:

First. Unlawful aggression;

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

Third. Lack of sufficient provocation on the part of the person defending himself.

2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and
those by consanguinity within the fourth civil degree, provided that the first and second requisites
prescribed in the next preceding circumstance are present, and the further requisite, in case the
provocation was given by the person attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this article are present and that the person defending
be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another,
provided that the following requisites are present:
First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Definition Justifying circumstances are those where the act of a person is said to be in accordance with
law, so that such person is deemed not to have transgressed the law and is free from both criminal and
civil liability. There is no civil liability, except in par. 4 of Art. 11, where the civil liability is borne by the
persons benefited by the act.

Basis of justifying circumstances. The law recognizes the non-existence of a crime by expressly stating in
the opening sentence of Article 11 that the persons therein mentioned "do not incur any criminal
liability."

General Rule: No criminal and civil liability incurred. Exception: There is civil liability with respect to par.
4(state of necessity) where the liability is borne by persons benefited by the act.

Par.1. Self-defense

Elements:1. Unlawful Aggression (indispensable requirement)

There must be actual physical assault or aggression or an immediate and imminent threat, which must
be offensive and positively strong.

The defense must have been made during the existence of aggression, otherwise, it is no longer
justifying.

While generally an agreement to fight does not constitute unlawful aggression, violation of the terms of
the agreement to fight is considered an exception.

2. Reasonable necessity of the means employed to prevent or repel it.Test of reasonableness depends
on:(1) weapon used by aggressor (2) physical condition, character, size and other circumstances of
aggressor (3) physical condition, character, size and circumstances of person defending himself

(4) place and occasion of assault

3. Lack of sufficient provocation on the part of the person defending himself NOTE: Perfect equality
between the weapons use nor material commensurability between the means of attack and defense by
the one defending himself and that of the aggressor is not required REASON: the person assaulted does
not have sufficient opportunity or time to think and calculate. Rights included in self-defense:

1. defense of person 2. defense of rights protected by law 3. defense of property (only if there is
also an actual and imminent danger on the person of the one defending) 4. defense of chastity

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.

NOTE: Under Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004), victim-
survivors who are found by the Courts to be suffering from Battered Woman Syndrome (BWS) do not
incur any criminal or civil liability despite absence of the necessary elements for the justifying
circumstance of self-defense in the RPC. BWS is a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

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. Relative
entitled to the defense: 1. spouse 2. ascendants 3. descendants 4. legitimate, natural or adopted
brothers and sisters, or relatives by affinity in the same degrees 5. relatives by consanguinity within the
4th civil degree. NOTE: The relative defended may be the original aggressor. All that is required to justify
the act of the relative defending is that he takes 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

3. no other practical and less harmful means of preventing it NOTE: The necessity must not be due to
the negligence or violation of any law by the actor.

Par.5. Fullfilment 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.

NOTE: The accused must prove that he was duly appointed to the position claimed he was discharging at
the time of the commission of the offense. It must also be shown that the offense committed was the
necessary consequence of such fulfillment of duty, or lawful exercise of a right or office.

Par.6.Obedience to a Superior OrderElements: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

NOTE: The superior officer giving the order cannot invoke this justifying circumstance. Good faith is
material, as the subordinate is not liable for carrying out an illegal order if he is not aware of its illegality
and he is not negligent. General Rule: Subordinate cannot invoke this circumstance when order is
patently illegal. Exception: When there is compulsion of an irresistible force, or under impulse of
uncontrollable fear.

EXEMPTING CIRCUMSTANCES

The following are exempt from criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony (delito),
the court shall order his confinement in one of the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave without first obtaining the permission of the same
court.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in accordance with the provisions of article 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions
of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be
charged with his surveillance and education; otherwise, he shall be committed to the care of some
institution or person mentioned in said article 80.

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.

5. Any person who acts under the compulsion of an irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

7. Any person who fails to perform an act required by law, when prevented by some lawful or
insuperable cause.

EXEMPTING CIRCUMSTANCES – are 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.

NOTE: Defense must prove that the accused was insane at the time of the commission of the crime
because the presumption is always in favor of sanity.

Par.2. Person Under 9 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 but below 15 years of age (9 to 15 years old) acting without discernment.

NOTE: Such minor must have acted without discernment to be exempt. If with discernment, he is
criminally liable. Presumption: The minor committed the crime without discernment. DISCERNMENT –
mental capacity to fully appreciate the consequences of the unlawful act, which is shown by the:

1. manner the crime was committed 2. conduct of the offender after its commission NOTE:
Under R.A. 9344 a minor over 15 but 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 care3. He causes injury to another by mere accident4. Without fault or intention of causing
it.

Note: there is no criminal and civil liability.

Par.5. Person acting under the compulsion of 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. NOTE: Force must be irresistible so as
to reduce the individual to a mere instrument.

There is only civil liability.

Par.6. Uncontrollable Fear of anEqual or Greater Injury.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. NOTE: 1. Duress to be a valid defense should be based on real, imminent or
reasonable fear for one’s life or limb. It should not be inspired by speculative, fanciful or remote fear. A
threat of future injury is not enough.

2.There is only civil liability.

ACTUS ME INVITO FACTUS NON EST MEUS ACTUS – Any act done by me against my will is not my act.

Par.7. Insuperable CauseINSUPERABLE 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.

Ex: 1. A priest can’t be compelled to reveal what was confessed to him. 2. No available transportation –
officer not liable for arbitrary detention 3. Mother who was overcome by severe dizziness and extreme
debility, leaving child to die – not liable for infanticide (People v. Bandian, 63 Phil 530)

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) 3. Death or physical injuries inflicted under exceptional circumstances
(Art. 247) 4. persons exempt from criminal liability from theft, swindling, malicious mischief (Art 332) 5.
instigation NOTE: Entrapment is NOT an absolutory cause. A buy-bust operation conducted in
connection with illegal drug-related offenses is a form of entrapment.

Entrapment vs. Instigation

Entrapment Instigation

The ways and means are resorted to for the Instigator practically induces the would-be accused
purpose of trapping and capturing the lawbreaker into the commission of the offense and himself
in the execution of his criminal plan becomes a co-principal.

NOT a bar to accused’s prosecution and conviction. Accused will be acquitted

NOT an absolutory cause. Absolutory cause

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to
exempt from criminal liability in the respective cases are not attendant.

2. That the offender is under eighteen years of age or over seventy years. In the case of the minor, he
shall be proceeded against in accordance with the provisions of article 80.
3. That the offender had no intention to commit so grave a wrong as that committed.

4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.

5. That the act was committed in the immediate vindication of a grave offense to the one committing
the felony (delito), his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or
sisters, or relatives by affinity within the same degrees.

6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that
he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the
prosecution.

8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus
restricts his means of action, defense, or communication with his fellow beings.

9. Such illness of the offender as would diminish the exercise of the will-power of the offender without
however depriving him of consciousness of his acts.

10. And, finally, any other circumstance of a similar nature and analogous to those above mentioned.

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 .

NOTE: A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances
arising from that same fact.

CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY

The following are aggravating circumstances:

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.

It is not considered as an aggravating circumstance where taking advantage of official position is made
by law an integral element of the crime or inherent in the offense, Ex: malversation (Art. 217),
falsification of a document committed by public officers (Art. 171).

When the public officer did not take advantage of the influence of his position, this aggravating
circumstance is not present
NOTE : Taking advantage of a public position is also inherent in the case of accessories under Art. 19,
par. 3 (harboring, concealing, or assisting in the escape of the principal of the crime), and in crimes
committed by public officers (Arts. 204-245).

2. That the crime be committed in contempt of or with insult to the 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).

The crime should not be committed against the public authority (otherwise it will constitute direct
assault under Art.148)

This is NOT applicable when committed in the presence of a mere agent.

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.

3. That the act be committed with insult or in disregard of the respect due to the offended party on
account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the
latter has not given provocation.

It must be shown that in the commission of the crime the offender deliberately intended to offend or
insult the sex, age and rank of the offended party.

DWELLING – must be a building or structure exclusively used for rest and comfort (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.
 NOTES:1. The aggravating circumstance of dwelling requires that the crime be wholly or partly
committed therein or in any integral part thereof.

Dwelling does not mean the permanent residence or domicile of the offended party or that he must be
the owner thereof. He must, however, be actually living or dwelling therein even for a temporary
duration or purpose.

It is not necessary that the accused should have actually entered the dwelling of the victim to commit
the offense; it is enough that the victim was attacked inside his own house, although the assailant may
have devised means to perpetrate the assault from without.

What aggravates the commission of the crime in one’s dwelling: 1. The abuse of confidence which the
offended party reposed in the offender by opening the door to him; or

2. The violation of the sanctity of the home by trespassing therein with violence or against the will of the
owner. Meaning of provocation in the aggravating circumstance of dwelling: The provocation must be:
1. Given by the owner of the dwelling, 2. Sufficient, and 3. Immediate to the commission of the crime.

NOTE: If all these conditions are present, the offended party is deemed to have given the provocation,
and the fact that the crime is committed in the dwelling of the offended party is NOT an aggravating
circumstance. REASON: When it is the offended party who has provoked the incident, he loses his right
to the respect and consideration due him in his own house.

In the crime of adultery, dwelling is aggravating.

Adultery is the crime committed by any married woman who shall have sexual intercourse with a man
not her husband and by the man who has carnal knowledge of her, knowing her to be married.

4. That the act be committed with abuse of confidence or 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.

NOTE: Abuse of confidence is inherent in malversation (Art. 217), qualified theft (Art. 310), estafa by
conversion or misappropriation (Art. 315), and qualified seduction (Art. 337).

Requisites of obvious ungratefulness: 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 act be
committed with obvious ungratefulness.

NOTE: The ungratefulness contemplated by par. 4 must be such clear and manifest ingratitude on the
part of the accused.
5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where
public authorities are engaged in the discharge of their duties, or in a place dedicated to religious
worship.

6. That the crime be committed in the nighttime, or in an uninhabited place, or by a band, whenever
such circumstances may facilitate the commission of the offense.Whenever more than three armed
malefactors shall have acted together in the commission of an offense it shall be deemed to have
been committed by a band.

When nighttime, uninhabited place or band aggravating:1. When it facilitated the commission of the
crime; or 2. When especially sought for by the offender to insure the commission of the crime or for the
purpose of impunity; or 3. When the offender took advantage thereof for the purpose of impunity.

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.

8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.

Requisites: 1. That armed men or persons took part in the commission of the crime, directly or
indirectly. 2. That the accused availed himself of their aid or relied upon them when the crime was
committe.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same title of this Code.

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

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

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. 3. Multi-recidivism or Habitual delinquency

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

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.

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 aquasi-recidivist.

If the same set of facts constitutes recidivism and reiteracion, the liability of the accused should be
aggravated by recidivism which can easily be proven.

11. That the crime be committed in consideration of a price, reward, or promise.

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

13. That the act be committed with evident premeditation.

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

Requisite: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.

15. That advantage be taken of superior strength, or means be employed to weaken the defense.

MEANING OF “advantage be taken”:To deliberately use excessive force that is out of proportion to the
means for self-defense available to the person attacked.

16. That the act be committed with treachery (alevosia).

TREACHERY – when the offender commits any of the crimes against the person, employing means,
methods or forms in the execution thereof which tend directly and specially to insure its execution
without risk to himself arising from the defense which the offended party might make. 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. TEST: It is not only the relative position of the parties but, more specifically, whether or not the
victim was forewarned or afforded the opportunity to make a defense or to ward off the attack.

Rules Regarding Treachery:1. Applicable only to crimes against persons. 2. Means, methods or forms
need not insure accomplishment of crime. 3. The mode of attack must be consciously adopted.

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

17. That means be employed or circumstances brought about which add ignominy to the natural
effects of the act.

IGNOMINY – is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the
material injury caused by the crime. MEANING OF “which add ignominy to the natural effects thereof ”
The means employed or the circumstances brought about must tend to make the effects of the
crimemore humiliating to victim or to put the offended party to shame, or add to his moral suffering.
Thus it is incorrect to appreciate ignominy where the victim was already dead when his body was
dismembered, for such act may not be considered to have added to the victim ’s moral suffering or
humiliation.
18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance
is effected by a way not intended for the purpose.

UNLAWFUL ENTRY - when an entrance is effected by a way not intended for the purpose. NOTE:
Unlawful entry must be a means to effect entrance and not for escape

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.

20. That the crime be committed with the aid of persons under fifteen years of age or by means of
motor vehicles, airships, or other similar means.

21. That the wrong done in the commission of the crime be deliberately augmented by causing other
wrong not necessary for its commission.

CRUELTY – there is cruelty when the culprit enjoysand 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.

Ignominy involves moral suffering.

Cruelty refers to physical suffering.

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 as shown by:1. the motivating power itself,

2. the place of the commission, 3. the means and ways employed 4. the time, or 5. the personal
circumstances of the offender, or the offended party.

ALTERNATIVE CIRCUMSTANCES

Alternative circumstances are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the other conditions attending its
commission. They are the relationship, intoxication and the degree of instruction and education of the
offender.

The alternative circumstance of relationship shall be taken into consideration when the
offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister,
or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstance
when the offender has committed a felony in a state of intoxication, if the same is not habitual or
subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional it shall
be considered as an aggravating circumstance.

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 –

1. Spouse, 2. Ascendant, 3. Descendant,

4. Legitimate, natural, or adopted brother or sister, or 5. Relative by affinity in the same degree
of the offender.

Other Relatives Included (By Analogy):1. The relationship of stepfather or stepmother and stepson or
stepdaughter. REASON: It is the duty of the stepparents to bestow upon their stepchildren a
mother’s/father’s affection, care and protection. 2. The relationship of adopted parent and adopted
child. NOTE: But the relationship of uncle and niece is not covered by any of the relationship mentioned.

When Relationship Mitigating and When Aggravating:1. As a rule, relationship is mitigating in crimes
against property, by analogy to the provisions of Art. 332.

Thus, relationship is mitigating in the crimes of robbery (Arts. 294-302), usurpation (Art. 312), fraudulent
insolvency (Art. 314) and arson (Arts. 321-322, 325-326).

2. In crimes against persons – a) It is aggravating where the offended party is a relative of;

I. a higher degree than the offender, or

II. when the offender and the offended party are relatives of the same level (e.g. brothers) b)
But when it comes to physical injuries:

i. It is aggravating when the crime involves serious physical injuries (Art. 263), even if the
offended party is a descendant of the offender. But the serious physical injuries must not be
inflicted by a parent upon his child by excessive chastisement. ii. It is mitigating when the
offense committed is less serious physicalinjuries or slight physical injuries, if the offended party
is a relative of a lower degree. iii. It is aggravating if the offended party is a relative of a higher
degree of the offender.

c) When the crime is homicide or murder, relationship is aggravating even if the victim of the crime is a
relative of a lower degree. d) In rape, relationship is aggravating where a stepfather raped his
stepdaughter or in a case where a father raped his own daughter. 3. In crimes against chastity, like acts
of lasciviousness (Art. 336), relationship is always aggravating, regardless of whether the offender is a
relative of a higher or lower degree of the offended party.
When the qualification given to the crime is derived from the relationship between the offender and the
offended party, it is neither rmitigating nor aggravating, because it is inseparable from and inherent in
the offense. (e.g. parricide, adultery and concubinage).

INTOXICATION

When Intoxication Mitigating and When Aggravating:1. Mitigating –

i. If intoxication is not habitual, or ii. If intoxication is not subsequent to the plan to commit a
felony.

2. Aggravating –

i. If intoxication is habitual, or ii. If it is intentional (subsequent to the plan to commit a felony).

To Be Entitled to The Mitigating Circumstance of Intoxication, It Must Be Shown: 1. That at the time of
the commission of the criminal act, the accused has taken such quantity of alcoholic drinks as to blur his
reason and deprive him of a certain degree of control, and 2. That such intoxication is not habitual, or
subsequent to the plan to commit the felony.

To be mitigating, the accused’s state of intoxication must be proved. Once intoxication is established by
satisfactory evidence, in the absence of proof to the contrary, it is presumed to be non-habitual or
unintentional.

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.

PERSONS CRIMINALLY LIABLE FOR FELONIES

Who are criminally liable?

The following are criminally liable for grave and less grave felonies:
Principals.

Accomplices.

Accessories.

The following are criminally liable for light felonies:

Principals.

Accomplices.

Rules relative to light felonies:

Light felonies are punishable only when they have been consummated. (Art. 7)

But when light felonies are committed against persons or property, they are punishable even if they are
only in the attempted or frustrated stage of execution. (Art. 7)

Only principals and accomplices are liable for light felonies. (Art. 16)

Accessories are not liable for light felonies, even if they are committed against persons or property. (Art.
16)23

PRINCIPALS

The following are considered principals:

Those who take a direct part in the execution of the act PRINCIPALS BY DIRECT PARTICIPATION. ;

Those who directly force or induce others to commit it PRINCIPALS BY INDUCTION. .

Those who cooperate in the commission of the offense by another act without which it would not have
been accomplished. PRINCIPALS BY INDISPENSABLE COOPERATION

ACCOMPLICES

Accomplices are the persons who, not being included in Article 7, cooperate in the execution of the
offense by previous or simultaneous acts.

ACCESSORY

An accessory does not participate in the criminal design, nor cooperate in the commission of the felony,
but, with knowledge of the commission of the crime, he subsequently takes part in three ways:

(a) by profiting from the effects of the crime;

(b) by concealing the body, effects or instruments of the crime in order to prevent its discovery; and
(c) by assisting in the escape or concealment of the principal of the crime, provided he acts with abuse
of his public functions or the principal is guilty of treason, parricide, murder, or an attempt to take the
life of the Chief Executive, or is known to be habitually guilty of some other crime.

Accessories who are exempt from criminal liability.

— The penalties prescribed for accessories shall not be imposed upon those who are such with respect
to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or
relatives by affinity within the same degrees, with the single exception of accessories falling within the
provisions of paragraph 1 ,Article 19 of the Revised Penal Code.

Ground for exemption. The exemption provided for in this article is based on the ties of blood and the
preservation of the cleanliness of one's name, which compels one to conceal crimes committed by
relatives so near as those mentioned in this article.

Principals related to accessories exempt from criminal liability. An accessory is exempt from criminal
liability, when the principal is his —

(1) spouse, or

(2) ascendant, or (3) descendant, or (4) legitimate, natural or adopted brother, sister or relative
by affinity within the same degree24.

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.

If the accessory has performed any of those acts, he is liable, even if the principal is his spouse,
ascendant, descendant, brother or sister, or father-in-law, or son-in-law, or brother-in-law, because such
acts are prompted not by affection but by a detestable greed.

PENALTIES

Penalty, defined. Penalty is the suffering that is inflicted by the State for the transgression of a law.
Concept of penalty. Penalty in its general sense signifies pain; especially considered in the juridical
sphere, it means suffering undergone, because of the action of human society, by one who commits a
crime. (Pessina, Elementos de Derecho Penal, pp. 375-376)

The penalty under the Revises Penal Code has three-fold purpose.

(a) Retribution or expiation — The penalty is commensurate with the gravity of the offense. (b)
Correction or reformation — as shown by the rules which regulate the execution of the
penalties consisting in deprivation of liberty.
(c) Social defense — shown by its inflexible severity to recidivists and habitual delinquents.

Retroactive effect of penal laws. — Penal laws shall have a retroactive effect in so far as they favor the
person guilty of a felony, who is not a habitual criminal.

The favorable retroactive effect of a new law may find the defendant in one of these three situations:

1. The crime has been committed and prosecution begins; 2. Sentence has been passed but service has
not begun; 3. The sentence is being carried out.

In any case, the favorable new statute benefits him and should apply to him.

CLASSIFICATION OF PENALTIES Art. 25. Penalties which may be imposed. — The penalties which may be
imposed, according to this Code, and their different classes, are those included in the following:

SCALE

PRINCIPAL PENALTIES

Capital punishment: Death Afflictive penalties: Reclusion perpetua Reclusion temporal

Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification
Prision mayor Correctional penalties: Prision correccional Arresto mayor Suspension Destierro
Light penalties: Arresto menor Public censure Penalties common to the three preceding classes:
Fine, and Bond to keep the peace.

ACCESSORY PENALTIES

Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification

Suspension from public office, the right to vote and be voted for, the profession or calling Civil
interdiction Indemnification Forfeiture or confiscation of instruments and proceeds of the
offense Payment of cost.

Duration of each of different penalties.

1. Reclusion perpetua — 20 yrs. and 1 day to 40 yrs. 2. Reclusion temporal — 12 yrs. and 1 day to 20 yrs.

3. Prision mayor and temporary disqualification — 6 yrs. and 1 day to 12 yrs., except when
disqualification is accessory penalty, in which case its duration is that of the principal penalty. 4. Prision
correccional, suspension, and destierro — 6 mos. and 1 day to 6 yrs., except when suspension is an
accessory penalty, in which case its duration is that of the principal penalty. 5. Arresto mayor — 1 mo.
and 1 day to 6 mos. 6. Arresto menor — 1 day to 30 days. 7. Bond to keep the peace — the period
during which the bond shall be effective is discretionary on the court.
Destierro is imposed in the following cases:1. Serious physical injuries or death under exceptional
circumstances. (Art. 247) 2. In case of failure to give bond for good behavior. (Art. 284) 3. As a penalty
for the concubine in concubinage. (Art. 334)

4. In cases where after reducing the penalty by one or more degrees destierro is the proper penalty.

Effects of pardon by the President. 1. A pardon shall not restore the right to hold public office or the
right of suffrage. Exception: When any or both such rights is or are expressly restored by the terms of
the pardon. 2. It shall not exempt the culprit from the payment of the civil indemnity. The pardon
cannot make an exception to this rule.

What are the pecuniary liabilities of persons criminally liable? They are: 1. The reparation of the
damage caused. 2. Indemnification of the consequential damages.

3. Fine. 4. Costs of proceedings. The order of payment of pecuniary liabilities must be observed.

SUBSIDIARY PENALTY

What is subsidiary penalty? It is a subsidiary personal liability to be suffered by the convict who has no
property with which to meet the fine, at the rate of one day for each eight pesos, subject to the rules
provided for in Article 39. Judgment of conviction must impose subsidiary imprisonment. An accused
cannot be made to undergo subsidiary imprisonment in case of insolvency to pay the fine imposed upon
him when the subsidiary imprisonment is not imposed in the judgment of conviction.

COMPLEX CRIME

A complex crime is only one crime.

In complex crime, although two or more crimes are actually committed, they constitute only one crime
in the eyes of the law as well as in the conscience of the offender. The offender has only one criminal
intent. Even in the case where an offense is a necessary means for committing the other, the evil intent
of the offender is only one. Hence, there is only one penalty imposed for the commission of a complex
crime.

Two kinds of complex crimes: 1. When a single act constitutes two or more grave or less grave felonies.
2. When an offense is a necessary means for committing the other. The first is otherwise known as
compound crime.

The second is the complex crime proper. But ordinarily, both are referred to as complex crimes.

EXTINCTION OF CRIMINAL LIABILITY

TOTAL EXTINCTION OF CRIMINAL LIABILITY

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability
therefor is extinguished only when the death of the offender occurs before final judgment; 2. By service
of the sentence; 3. By amnesty, which completely extinguishes the penalty and all its effects; 4. By
absolute pardon; 5. By prescription of the crime;

6. By prescription of the penalty; 7. By the marriage of the offended woman, a s provided in Article 344
of this Code.

Extinction of criminal liability does not automatically extinguish the civil liability.

Extinction of criminal liability does not necessarily mean that the civil liability is also extinguished.27

PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Partial extinction of criminal liability. — Criminal liability is extinguished partially: 1. By conditional

pardon; 2. By commutation of the sentence; and 3. For good conduct allowances which the culprit may
earn while he is serving his sentence.

Nature of conditional pardon. Conditional pardon delivered and accepted is considered a contract
between the sovereign power of the executive and the convict that the former will release the latter
upon compliance with the condition.

Usual condition imposed upon the convict in conditional pardon. In conditional pardon, the condition
usually imposed upon the convict is that "he shall not again violate any of the penal laws of the
Philippines."

Commutation of sentence. It is a change of the decision of the court made by the Chief Executive by
reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of the
imprisonment or the amount of the fine.

For good conduct allowances. Allowances for good conduct are deductions from the term of the
sentence for good behavior27.

CIVIL LIABILITY

Civil liability of a person guilty of felony. — Every person criminally liable for a felony is also civilly liable.

What is included in civil liability. — The civil liability includes:

1. Restitution; 2. Reparation of damage caused; 3. Indemnification for consequential damages.

CRIMES AND PENALTIES

 CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

The crimes against national security are:

1. Treason. (Art. 114 )

Treason, defined
-Treason is the breach of allegiance to a government, committed by a person who owes allegiance to it.

2. Conspiracy and proposal to commit treason. (Article 115)

How are the crimes of conspiracy and proposal to commit treason committed?
- Conspiracy to commit treason is committed when in times of war, 2 or more persons come to an
agreement to levy war against the Government OR to adhere to the enemies and to give them aid or
comfort, and decide to commit it.
- Proposal to commit treason is committed when in times of war, a person who has decided to levy war
against the Government or to adhere to the enemies and to give them aid or comfort, proposes its
execution to some other person/s.
Conspiracy or proposal as a felony - The reason is that in treason the very existence of the state is
endangered.
3. Misprision of treason. (Art. 116)

Misprision of treason cannot be committed by a resident alien

The conspiracy is one to commit treason.
Article 116 does not apply when the crime of treason is already committed by someone and the accused
does not report its commission to the proper authority.
The offender in misprision of treason is punished as an accessory to treason.
The offender is, however, a principal in the crime of misprision of treason.
4. Espionage. (Article. 117)

Espionage, defined
- Espionage is the offense of gathering, transmitting or losing information respecting the national
defense with intent or reason to believe that the information is to be used to the injury of the Republic
or to the advantage of any foreign nation.
Two ways of committing espionage under Article 117
1. By entering, without authority therefore, a warship, fort or naval or military establishment or
reservation to obtain any information, plans, photographs or other data or confidential nature relative
to the defense of the Philippines.
2. By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred to in paragraph No. 1 of Article 117, which he had in his possession by reason of
the public office he holds.

Crimes against the Law of Nations.

The crimes against the law of nations are:

1. Inciting to war or giving motives for reprisals. (Art. 118)

2. Violation of neutrality. (Art. 119)

Neutrality, defined
- A nation or power which takes no part in a contest of arms going on between others.
There must be a regulation issued by competent authority for the enforcement of neutrality.
3. Correspondence with hostile country. (Art. 120)
Meaning of correspondence - Communication by means of letters; or it may refer to the letters which
pass between those who have friendly or business relations.
Even if correspondence contains innocent matters, if the correspondence has been prohibited by the
Government, it is punishable.
4. Flight to enemy's country. (Art. 121)
An alien resident may be guilty of flight to enemy country .
Mere attempt to flee or go to enemy country consummates the crime.

“When prohibited by competent authority” suggests that it must be implemented by the Government.

5. Piracy in general and mutiny on the high seas or in Philippine waters. (Art. 122)
Two ways or modes of committing piracy
1. By attacking or seizing a vessel on the high seas or in Philippine waters;
2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its
cargo, its equipment or personal belongings of its complements or passenger.
Meaning of high seas - As defined in the Convention on the Law of the Sea, high seas are parts of the
seas that are not included in the exclusive economic zone, in the territorial seas, or in the internal
waters of a state, or in the archipelagic waters of an archipelagic state.
- It is robbery or forcible depredation on the high seas, without lawful authority and done with
animo furandi and in the spirit and intention of universal hostility.

Mutiny is punished in Article 122

- Usually committed by the other members of the complement and may be committed by the
passengers of the vessel.
Definition of mutiny - Unlawful resistance to a superior officer, or the raising of commotions and
disturbances on board a ship against the authority of its commander
Piracy distinguished from mutiny
- In piracy, the persons who attack a vessel or seize its cargo are strangers to said vessels; while in
mutiny, they are members of the crew or passengers. -
-The intent to gain is essential in piracy, in mutiny, the offenders may only intend to ignore the
ship’s officers or they may be prompted by a desire to commit plunder.

6. Qualified Piracy
Piracy or mutiny is qualified if any of the following circumstances is present:
1. whenever the offenders have seized the vessel by boarding or firing upon the same; OR
2. whenever the crime is accompanied by murder, homicide, physical injuries or rape.
It is qualified piracy when the crime was accompanied by rape and the offenders abandoned their
victims without means of saving themselves.
Piracy is a crime not against any particular state but against all mankind, it may be punished in the
competent tribunal of any country where the offender may be found or into which he may be
carried. Nor does it matter that the crime was committed within the jurisdictional 3-mile limit of a
foreign state.

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

What are the crimes classified under this?

Arbitrary detention
Delay in the delivery of detained persons to the proper judicial authorities
Delaying release
Expulsion
Violation of domicile
Search warrants maliciously obtained and abuse in the service of those legally obtained
Searching domicile without witness
Prohibition, interruption and dissolution of peaceful meetings
Interruption of religious worship
Offending religious feelings
They are crimes against the fundamental laws of the state because they violate certain provisions of the
Bill of Rights (Article III).

Arbitrary detention
The offender in arbitrary detention is a public officer or employee who must be vested with
authority to detain or order the detention of persons accused of a crime, but when they detain a
person, they have no legal grounds. - Eg. policemen, mayors or judges
If the detention is perpetrated by other public officers, the crime committed may be illegal detention,
because they are acting in their private capacity.
Private individuals who conspired with public officers in detaining certain policemen are guilty of
arbitrary detention.
When is there a detention?
- When a person is placed in confinement or there is a restraint on his person.

Article 125. Delay in the delivery of detained persons to the proper judicial authorities.
Shall detain any person for some legal ground
- The detention is legal in the beginning, because the person arrested under any of the circumstances
where arrest without a warrant is authorized by law. The detention becomes illegal after a certain
period of time, because the offended party is not delivered to the proper judicial authorities within the
specified period.

NOTE: if the detention is not for some legal ground, it will be a case under Article 124 (Arbitrary
Detention).
Article 125 does not apply when the arrest is by virtue of warrant of arrest, but the arrest must be
lawful.
When arrest is made pursuant to a warrant of arrest, the person arrested can be detained
indefinitely until his case is decided by the court or he posts a bail for his temporary release.
- Reason: there is already a complaint or information filed against him with the court which
issued the warrant of arrest and it is not necessary to deliver the person thus arrested to that
court.
"Shall fail to deliver such person to the proper judicial authorities”
- Does not consist in physical delivery, but in making an accusation or charge or filing of an
information against the person arrested with the corresponding court or judge, whereby the latter
acquires jurisdiction to issue an order or release or of commitment of the prisoner, because the
arresting officer cannot transfer to the judge and the latter does not assume the physical custody of the
person arrested.

Article 126. Delaying release.

Three acts are punishable under Article 126

By delaying the performance of a judicial or executive order for the release of a prisoner
By unduly delaying the service of the notice of such order to said prisoner
By unduly delaying the proceedings upon any petition for the liberation of such person

Wardens and jailers are the public officers most likely to violate Article 126 since they are the officers
temporarily in charge of the custody of persons or detained persons.

Article 127. Expulsion.

Two acts are punishable under Article 127
By expelling a person from the Philippines
By compelling a person to change his residence

"Not being thereunto authorized by law”

- Only the court by a final judgment can order a person to change his residence - Mayor and
Chief of Police cannot.

What are the crimes known as violation of domicile?

1. Violation of domicile by entering a dwelling against the will of the owner thereof or making
search without previous consent of the owner
2. Search warrants maliciously obtained and abuse in the service of those legally obtained
3. searching domicile without witnesses

CRIMES AGAINST PUBLIC ORDER

Art. 134. Rebellion or insurrection; How committed.

Elements 1. That there be a
a. Public uprising AND b. Taking arms against the Government
2. That the purpose of the uprising or movement is either
a. To remove from the allegiance to said Government or its laws 1) The territory
of the Philippines or any part thereof; OR
2) Any body of land, naval or other armed forces; OR b. To deprive the Chief Executive
or Congress, wholly or partially, of any of their powers or prerogatives.
Rebellion and insurrection are NOT synonymous
• Rebellion is more frequently used where the object of the movement is completely to overthrow and
supersede the existing government. •Insurrection is more commonly used in reference to a movement
which seeks merely to effect some change of minor importance or to prevent the exercise of
governmental authority with respect to particular matters or subjects.
Actual clash of arms with the forces of the Government, not necessary to convict the accused who is in
conspiracy with others actually taking arms against the Government.

Rebellion distinguished from treason

The levying of war against the Government would constitute treason when performed to aid the enemy.
It would also constitute adherence to the enemy, giving him aid or comfort.
The levying of war against the Government during peace time is rebellion. Rebellion always involves
taking up of arms against the Government;
Treason may be committed by mere adherence to the enemy giving him aid or comfort.
Giving aid or comfort is not criminal in rebellion since the RPC expressly declares that there must be a
public uprising and the taking up of arms.

Rebellion distinguished from subversion • Subversion like treason is a crime against national
security, rebellion is a crime against public order.

Article 134-A. Coup d'etat; How committed.

The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy
or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military
camp or installation, communications network, public utilities or other facilities needed for the exercise
and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by
any person or persons, belonging to the military or police or holding any public office of employment
with or without civilian support or participation for the purpose of seizing or diminishing state power.
(As amended by R.A. 6968).

Who are liable for rebellion, insurrection or coup d’etat ?

A. The leaders
1. Any person who a) promotes, b) maintains, or c) heads a rebellion or insurrection; OR 2. Any
person who a) leads, b) directs, c) commands others to undertake a coup d’etat;

B. The participant
1. Any person who a) participates or b) executes the commands of others in rebellion or
insurrection; 2. Any person in the government service who a) participates or b) executes
directions or commands of others in undertaking a coup d’etat. 3. Any person not in the
government service who a.) participates, b.) supports, c.) finances, d.) abets, or e.) aids in the
undertaking a coup d’etat.
Public officer must take an active part to be liable, mere silence or omission not punishable in rebellion.
Who shall be deemed to be the leader of the rebellion, insurrection or coup d’etat in case he is
unknown? -Any person who in fact directed the others, spoke for them, signed receipts and other
documents issued in their name, or performed similar acts on behalf of the rebels, shall be deemed a
leader of such rebellion, insurrection or coup d’etat.

Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection.

Two crimes are defined and penalized in this article 1. Conspiracy to commit rebellion – 2 or more
persons come to an agreement to rise publicly and take arms against the Government for any of the
purposes of rebellion and decide to commit it. 2. Proposal to commit rebellion – person who has
decided to rise publicly and take arms against the Government for any of the purposes of rebellion
proposes its execution to some other person/s. Merely agreeing and deciding to rise publicly and take
arms against the Government for the purpose of rebellion or merely proposing the commission of said
acts is already subject to punishment even without ACTUALLY rising publicly and taking arms against the
Government (without actually performing those overt acts).

Inciting to rebellion distinguished from proposal to commit rebellion 1. In both, the offender induces
another to commit rebellion. 2. In proposal, the person who proposes has decided to commit rebellion;
In inciting, it is not required that the offender has decided to commit rebellion. 3. In proposal, the
person who proposes the execution of the crime uses secret means; In inciting, the act of inciting is done
publicly.
Rebellion should not be actually committed by the people to whom it is proposed or who are incited. If
they commit the rebellion, the proponent or the one inciting becomes a principal by inducement in the
crime of rebellion.
Art. 139. Sedition
Can sedition be committed by one person?
-NO. The crime of sedition is committed by persons who rise publicly and tumultuously.

Sedition is committed when public officers are prevented from freely exercising their functions. -Having
resisted the judicial warrant of arrest by means of force and thereby prevented the officers, charged
with the duty of arresting them, from performing it, X and his men committed sedition. (People v. Tahil
and Tarson)
Inflicting an act of hate or revenge upon public officers -The object of the uprising was to inflict an act of
hate or revenge upon the persons of the policemen who were public officers or employees. (People v.
Cabrera)

Article 141. Conspiracy to commit sedition.

There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects
of sedition.
There is no proposal to commit sedition and thus, not punishable.

Art. 142. Inciting to sedition

Different acts of inciting to sedition 1. Inciting others to the accomplishment of any of the acts which
constitute sedition by means of speeches, proclamations, writings, emblems, etc. 2. Uttering seditious
words or speeches which tend to disturb the public peace 3. Writing, publishing, or circulating scurrilous
libels against the Government or any of the duly constituted authorities thereof, which tend to disturb
the public peace.
It is not necessary, to constitute a violation of Article 142, that the purpose of the offender is to
accomplish any of the objects of sedition.

CRIMES AGAINST POPULAR REPRESENTATION

What are the crimes against popular representation?
1. Acts tending to prevent the meeting of the National Assembly and similar bodies ( Article 143)
2. Disturbance of proceedings. ( Article 144)
3. Violation on parliamentary immunity.( Article 145)

Art. 146. Illegal assemblies.

What are illegal assemblies? 1. Any meeting attended by armed persons for the purpose of committing
any of the crimes punishable under the Code 2. Any meeting in which the audience, whether armed or
not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault
upon a person in authority or his agents.

Persons liable for illegal assembly 1. The organizers or leaders of the meeting
2. Persons merely present at the meeting NOTE: the persons merely present at the meeting must have a
common intent to commit the felony of illegal assembly. The absence of such intent may exempt the
person from criminal liability. Example: If the person is merely present out of curiosity, he is not liable.
If any person present at the meeting carries an unlicensed firearm 1. It is presumed that the purpose of
the meeting insofar as he is concerned, is to commit acts punishable under this act.
2. He is considered a leader or organizer of the meeting.

Art. 147. Illegal associations.

What are illegal associations? 1. Associations totally or partially organized for the purpose of committing
any of the crimes punishable under the Code 2. Associations totally or partially organized for some
purpose contrary to public morals Persons liable for illegal association 1. Founders, directors and
president 2. Mere members

ASSUALT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults.

Two ways of committing the crime of direct assault
1. Without public uprising, by employing force or intimidation for the attainment of any of the
purposes enumerated in defining the crimes of rebellion and sedition
2. Without public uprising, by attacking, by employing force or by seriously intimidating or by
seriously resisting any person in authority or any of his agents, while engaged in the
performance of official duties, or on occasion of such performance
Who is a person in authority? -Any person directly vested with jurisdiction, whether as an individual or
as a member of some court or governmental corporation, board or commission, shall be deemed a
person in authority. A barrio captain and a barangay chairman are included.
”directly vested with jurisdiction”-the power or authority to govern and execute the laws
The following are persons in authority
1. Municipal mayor
2. Division superintendent of schools
3. Public and private school teachers
4. Teacher-nurse
5. President of sanitary division
6. Provincial fiscal
7. Justice of the peace
8. Municipal councilor
9. Barrio captain and barangay chairman
Who is an agent of a person in authority? -An agent of a person in authority is one who, by direct
provision of law or by election or by appointment by competent authority, is charged with the
maintenance of public order and the protection and security of life and property, such as a barrio vice-
lieutenant, barrio councilman and barrio policeman and any person who comes to the aid of persons in
authority.
Example
(1) Policeman (2) Municipal treasurer (3) Postmaster (4) Rural policeman (5) Sheriff
(6) Agents of the BIR (7) Malacanang confidential agent
Art. 149. Indirect assaults.

Art. 155. Alarms and scandals.

Art. 156. Delivery of prisoners from jails.

Prisoners may be under detention only
The person confined may be a mere detention prisoner. Of course, prisoner may also be by final
judgment.
Hospital or asylum considered extension of jail or prison
The article applies even if the prisoner is in the hospital or asylum when he is removed or when the
offender helps his escape, because it is considered as an extension of the penal establishment.
Offender is usually an outsider.

Evasion of Service of Sentence

Three kinds of evasion of the service of the sentence
1. Evasion of service of sentence by escaping during the term of his sentence
2. Evasion of service of sentence on the occasion of disorder 3. Other cases of evasion of service of
sentence, by violating the conditions of conditional pardon.

Art. 160. Commission of another crime during service of penalty imposed for another offense;

Article 160 provides for the so-called quasi-recidivism

Quasi-recidivism is a special aggravating circumstance where a person, after having been convicted by
final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the
same. He shall be punished by the maximum period of the penalty prescribed by law for the new felony.

CRIMES AGAINST PUBLIC INTEREST

FORGERIES What are the crimes called forgeries? 1. Forging the seal of the Government, signature or
stamp of the Chief Executive 2. Counterfeiting coins 3. Mutilation of coins 4. Forging treasury or bank
notes or other documents payable to bearer 5. Counterfeiting instruments not payable to bearer 6.
Falsification of legislative documents 7. Falsification by public officer, employee or notary or
ecclesiastical minister 8. Falsification by private individuals 9. Falsification by wireless, cable, telegraph
and telephone message 10. Falsification of medical certificates, certificates of merit or service.
Five classes of falsification
1. Falsification of legislative documents 2. Falsification of a document by a public officer,
employee or notary public 3. Falsification of a public or official, or commercial document by a
private individual 4. Falsification of a private document by any person 5. Falsification of wireless,
telegraph and telephone message

Forgery and falsification, distinguished

The term forgery refers to falsification and counterfeiting of treasury or bank notes or any instruments
payable to bearer or to order. Falsification is the commission of any of the 8 acts mentioned in Article
171 on legislative (only the act of making alteration), public or official, commercial or private documents
or wireless or telegraph messages.

Art. 177. Usurpation of authority or official functions.

2 ways of committing the crime under Article 177
1. By knowingly and falsely representing oneself to be an officer, agent or representative of any
department or agency of the Philippine Government or any foreign government NOTE: In
usurpation of authority, the mere act of knowingly and falsely representing oneself to be an
officer, etc. is sufficient. It is not necessary that he performs an act pertaining to a public officer.
2. By performing any act pertaining to any person in authority or public officer of the Philippine
Government or of a foreign government or any agency thereof, under pretense of official
position, and without being lawfully entitled to do so. NOTE: In usurpation of official functions, it
is essential that the offender should have performed an act pertaining to a person in authority
or public officer, in addition to other requirements.

Art. 178. Using fictitious name and concealing true name.

What is a fictitious name? Any other name which a person publicly applies to himself without authority
of law.

False testimony, defined

Committed by a person who, being under oath and required to testify as to the truth of certain matter at
a hearing before a competent authority, shall deny the truth or say something contrary to it.
What are the three forms of false testimony?
1. False testimony in criminal cases 2. False testimony in civil cases 3. False testimony in other
cases
Nature of the crime of false testimony -Constitutes an imposition upon the court and seriously exposes
it to a miscarriage of justice.

Art. 183. False testimony in other cases and perjury in solemn affirmation.
2 ways of committing perjury 1.Falsely testifying under oath AND 2.Making a false affidavit NOTE:
Falsely testifying under oath should NOT be in a judicial proceeding.
Elements of perjury
That the accused made a statement under oath or executed an affidavit upon a material matter
That the statement or affidavit was made before a competent officer, authorized to receive and
administer oath
That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood;
and
That the sworn statement or affidavit containing the falsity is required by law.

FRAUDS
What are the crimes classified as frauds?
Machinations in public auctions
Monopolies and combinations in restraint of trade
Importation and disposition of falsely marked articles or merchandise made of gold, silver or other
precious metals
Substituting and altering trademarks and trade names or service marks
Unfair competition, fraudulent registration of trade name, trademark, or service mark; fraudulent
designation of origin and false description
 CRIMES AGAINST PUBLIC MORALS
What are the crimes against public morals?
1. Gambling 2. Importation, sale and possession of lottery tickets or advertisements 3.
Betting in sport contests 4. Illegal betting on horse races 5. Illegal cockfighting
6. Grave scandal 7. Immoral doctrines, obscene publications and exhibition 8.
Prostitution

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS What are the offenses against decency and good
customs?
1. Grave scandal 2. Immoral doctrines, obscene publications and exhibitions
3. Vagrancy and prostitution

Art. 200. Grave scandal.

Grave Scandal, defined

Consist of acts which are offensive to decency and good customs which, having been committed
publicly, have given rise to public scandal to persons who have accidentally witnessed the same.

CRIMES COMMITTED BY PUBLIC OFFICERS

DERELICTION OF DUTY a. What law punishes the crime of dereliction of duty?37

Revised Penal Code Article 204-207b. What are the acts of dereliction of duty?
1. An unjust decision is one contrary to law and not supported by evidence made with conscious
and deliberate intent to do injustice.2. The offender in dereliction of duty must have the duty to
prosecute or move for the prosecution of the law-violator.3. Other analogous acts37

INFIDELITY OF PUBLIC OFFICERS a. What law punishes the crime of Infidelity of Public Officers?- Revised
Penal Code Article 223 - 2337

b. What are the acts of Infidelity of Public Officers?

1. Infidelity in the custody of prisoner.

2. Infidelity in the custody of documents.3. Revelation of secret. 4. Connivance must exist
between the offender and the prisoner for the latter to escape.5. The prisoner is one confined in
prison or prisoner serving sentence or merely a detention prisoner.6. Other analogous acts37

CRIME AGAINST PERSONS

1. PARRICIDE

2. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCE a. What law punishes the
crime of Death or Physical Injuries under Exceptional Circumstance?- Revised Penal Code Article 245
3. MURDER
a. What law punishes the crime of Murder

- Revised Penal Code Article 248b. What are the elements of Murder?

1. Murder is the unlawful killing of any person not constitutive of parricide of infanticide.2. The act of
killing is qualified by the following circumstances:

a) Treachery (alevosia) taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense to insure impunity.b) In consideration of a price,
reward, or promise.c) By means of inundation, fire. Poison, explosion, shipwreck, standing of a
vessel, derailment or assault upon a railroad, fall of an airship, by means of vehicles, or with the
use of any other means involving great waste or ruin.d) On the occasion of any of the calamities
enumerated in the preceding paragraph or of an earthquake, eruption of a volcano of any other
public calamity.e) With evident premeditation.f) With cruelty by deliberately and inhumanly
augmenting the suffering of the victim or outraging or scoffing at his person or corpse (as
amended by RA 7659).

3. These qualifying circumstances must be alleged in the information otherwise, they could not be
proven as such under the principle of non alegata non probate. What is not alleged cannot be proven.

4. HOMICIDE a. What law punishes the crime of Homicide?- Revised Penal Code Article 249

Evidence of intent to kill is important only in attempted or frustrated homicide. If there is no intent to
kill on the part of the offender, he is liable for physical injuries. • It is usually shown by the kind of
weapon used by the offender and the parts of the victim ’s body at which the weapon was aimed, as
shown by the wounds inflicted.

When death resulted, even if there is no intent to kill, the crime is homicide, not merely physical injuries,
because with respect to crimes of personal violence, penal law looks particularly to the material results
following the unlawful act and holds the aggressor responsible for all the consequences thereof.

“Corpus delicti” means the actual commission of the crime charged.

Means that the crime was actually perpetrated and does not refer to the body of the murdered person.

In all crimes against persons in which the death of the victim is an element of the offense, there must
be satisfactory evidence of

o The fact of death o The identity of the victim

5. DEATH CAUSED OR INJURIES INFLICTED IN A TUMULTUOUS AFFRAY a. What law punishes the crime
of Death Caused or Injuries Inflicted in a Tumultuous Affray?- Revised Penal Code Article 251-25238

Tumultuous affray exists when at least four persons took part.

When there are two identified groups of men who assaulted each other, then there is no tumultuous
affray.
The person killed in the course of the affray need not be one of the participants in the affray.

Who are liable for death in a tumultuous affray? 1. The person or persons who inflicted the serious
physical injuries are liable 2. If it is not known who inflicted the serious physical injuries on the deceased,
all the persons who used violence upon the person of the victim are liable, but with lesser liability.

6. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY

a. What law punishes the crime of physical injuries inflicted in a tumultous affray?

- Revised Penal Code Article 252.

Article only applies when in a tumultuous affray, ONLY serious or physical injuries of a less serious
nature occur.
If a person is killed OR if the person who inflicted serious physical injuries be known, this article is not
applicable.
The injured party must be ONE or SOME of the participants in the affray, unlike in Art. 251. Penalty is
one degree lower than that provided for the physical injuries inflicted. Only the one who used violence is
liable.

7. GIVING ASSISTANCE TO SUICIDE

a. What law punishes the crime of Giving Assistance to Suicide?- Revised Penal Code Article 253b. What
are the elements of Giving Assistance to Suicide?

8. DISCHARGE OF FIREARMS. ( ARTICLE 254)

The act constituting the offense is shooting at another with any firearm, without intent to kill. If the
firearm is not discharged at a person, there is no crime of discharge of firearm.
Discharge towards the house of victim is NOT illegal discharge of firearm. It is essential for prosecution
to prove in a positive way that the discharged was directed precisely against the offended party.
Firing a gun against the house at random, not knowing in what part of the house where the people
were, is only Alarm under Article 115.

9. INFANTICIDE a. What law punishes the crime of Infanticide?- Revised Penal Code Article 255b.

The penalty is that for parricide or murder, but the name of the crime is always infanticide.
Father or mother or legitimate other ascendant who kills a child less than three days old suffers the
penalty corresponding to parricide.

10. ABORTION

a. What law punishes the crime of Abortion?- Revised Penal Code Article 256b. What are the elements
of Abortion?
 1. Intentional abortion committed by using violence upon the person for the pregnant
woman.40
2. Intentional abortion committed without using violence but without consent of the woman.
3. Intentional abortion with the woman’s consent (with or without violence).4. Unintentional
abortion, meaning abortion through reckless imprudence but with use of violence.5. Abortion
practiced by the woman herself or by another person with her consent.
6. Abortion committed by the parents of the pregnant woman with her consent to conceal
dishonor.
7. Abortion intentionally caused by a physician or midwife or brought about by their assistance.
8. The act of a pharmacist in dispensing abortives.9. Abortion is the willful killing of the fetus in
the uterus, or the violent expulsion of the fetus from the maternal womb which results in its
death.

Fetus must die in consummated abortion.

If the fetus survives in spite of the attempt to kill it or the use of violence, abortion is not consummated.
If abortion is intended and the fetus does not die, it is frustrated intentional abortion when all acts of
execution have been performed by the offender.
If abortion is not intended and the fetus does not die, in spite of the violence intentionally exerted, the
crime may only be physical injuries. There is NO FRUSTRATED UNINTENTIONAL ABORTION, in view of
lack of intention to cause abortion.

11. CHALLENGING TO A DUEL

a. What law punishes the crime of Challenging to a Duel?- Revised Penal Code Article 261b. What are
the elements of Challenging to a Duel?

1. A duel is a combat with deadly weapons between 2 persons under certain agreed and
prescribed rules.2. The person who killed or inflicted physical injuries upon his adversary, or
both combatants in any other case, as principals.

12. MUTILATION a. What law punishes the crime of Mutilation?- Revised Penal Code Article 262b.

Mutilation means the lopping or clipping off of some part of the body.

•Putting out of an eye does not fall under this definition.

Two kinds of mutilation: 1. By intentionally mutilating another by depriving him, either totally or
partially, of some essential organ for reproduction;

2. By intentionally making other mutilation, that is, by lopping or clipping off any part of the
body of the offended party, other than the essential organ for reproduction, to deprive him of
that part of his body.

13. SERIOUS PHYSICAL INJURIES a. What law punishes the crime of Serious Physical Injuries?- Revised
Penal Code Article 263
ADMINISTERING INJURIOUS SUBSTANCES a. What law punishes the crime of Administering Injurious
Substances?- Revised Penal Code Article 264b. What are the elements of Administering Injurious
Substances?
1. There must not be intent to kill.2. The injuries produced are grave in character.3. The offender
was aware that the substance administered may be detrimental to the victim’s health.

It is a serious physical injury when the offended party becomes deformed.

DEFORMITY requires:
1. Physical ugliness; 2. Permanent and definite abnormality; and
3. Conspicuous and visible.

14. LESS SERIOUS PHYSICAL INJURIES a. What law punishes the crime of Less Serious Physical Injuries?-
Revised Penal Code Article 265

15. SLIGHT PHYSICAL INJURIES AND MALTREATMENT a. What law punishes the crime of Slight Physical
Injuries and Maltreatment?- Revised Penal Code Article 266

Three kinds of slight physical injuries: 1. Physical injuries which incapacitated the offended party for
labor from one to nine days or required medical attendance during the same period; 2. Physical injuries
which do not prevent the offended party from engaging in his habitual work or which did not require
medical attendance; 3. Ill-treatment of another by deed without causing any injury.

16. RAPE

a. What law punishes the crime of Rape?- Revised Penal Code Article 266 amended by RA 8353

Under RA 8353, the crime of rape can now be committed by a male or a female. Before its amendment,
rape could only be committed by a male person. Under par. 1, there must be sexual intercourse: •
Penetration, even partial is necessary • Slightest penetration is enough • Proof of emission is not
necessary • Absence of spermatozoa does not negative rape •If there is no sexual intercourse and only
acts of lewdness, the crime may be acts of lasciviousness only. Only one of the four circumstances
mentioned in par. 1 is sufficient.

Force employed against the victim of rape need not be of such character as could be resisted. It is
enough that the force used is sufficient to consummate the culprit ’s purpose. The force or violence
necessary in rape is naturally a relative term, depending on age, size, and strength of the parties and
their relation to each other.

Effect of Pardon - The subsequent valid marriage between the offended party shall extinguish the
criminal action or the penalty imposed. In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the
penalty: Provided, that the crime shall not be extinguished or the penalty shall not be abated if the
marriage is void ab initio.

Effects of marriage: •Marriage extinguishes not only the penal action, but likewise the penalty that may
be imposed.
• ***In crimes against chastity, such effect benefits not only the principals but also the accomplices and
accessories. However, since rape has ceased to be a crime against chastity, but is now a crime against
persons, it now appears that marriage extinguishes that penal action and the penalty only as to the
principal and not as to the accomplices and accessories.

CRIMES AGAINST LIBERTY

KIDNAPPING AND SERIOUS ILLEGAL DETENTION a. What law punishes the crime of Kidnapping and
Serious Illegal Detention?- Revised Penal Code Article 267 amended by RA 7659

If the offender is a public officer, the crime is arbitrary detention.

But the public officer must have the duty under the law to detain a person, such as a policeman or a
Constabulary soldier. If he has no such duty, like a sanitary inspector or a clerk in a government office,
and he detains a person, he is liable under this article.

Intention to deprive the victim of his liberty for the purpose of extorting ransom on the part of the
accused is essential in the crime of kidnapping.
As long as the kidnapping or detention was committed “for the purpose of extorting ransom, ” actual
demand for ransom is not necessary.
The accused is not liable when there is lack of motive to resort to kidnapping.

SLIGHT ILLEGAL DETENTION a. What law punishes the crime of Slight Illegal Detention?- Revised Penal
Code Article 268
UNLAWFUL ARREST a. What law punishes the crime of Unlawful Arrest?- Revised Penal Code Article 269
.
INDUCING A MINOR TO ABANDON HOME a. What law punishes the crime of Inducing a Minor to
Abandon Home?- Revised Penal Code Article 271

The inducement must be actual, committed with criminal intent and determined by a will to cause
damage. What constitutes the crime is the act of inducing a minor to abandon his home or the home of
his guardian, and it is not necessary that the minor actually abandons the home.

The minor should not leave his home on his own free will. Where the father and mother are living
separately, and the custody of their minor child has been given to one of them, the other parent who
kidnaps such minor child from the one having the lawful custody or induces such minor to leave his
home is liable.

SLAVERY a. What law punishes the crime of Slavery?

- Revised Penal Code Article 272

NOTE:When the offender takes the victim and transports him or her to another place purposely for
forced labor or sexual exploitation the crime committed is Trafficking in Person or violation of RA 9208.

EXPLOITATION OF CHILD LABOR a. What law punishes the crime of Exploitation of Child Labor?

- Revised Penal Code Article 273

 NOTE:This is already covered by RA 9208 and RA 7610 as amended by RA 7658 fully covers
punishable acts involving employment and exploitation of children.

SERVICE RENDERED UNDER COMPULSION IN PAYMENT OF DEBT

a. What law punishes the crime of Service Rendered under Compulsion in Payment of Debt?- Revised
Penal Code Article 274

NOTE:When the offender takes the victim and transports him or her to another place purposely for
forced labor, the crime committed is trafficking in person or violation of RA 9208.

CRIME AGAINST SECURITY

ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S VICTIMS a. What law

punishes the crime of Abandonment of Persons in Danger and Abandonment of One’s Victims?

ABANDONMENT OF A MINOR a. What law punishes the crime of Abandonment of a Minor?

- Revised Penal Code Article 276b. What are the elements of Abandonment of a Minor?1. The
offender is having custody of a child below 7 years of age.2. The offender abandons the child.

KIDNAPPING AND FAILURE TO RETURN A MINOR.

What is punished is the deliberate failure of the custodian of the minor to restore the latter to his
parents or guardian.

This article punishes the deliberate failure of the custodian of such minor to restore the latter to his
parents or guardian and NOT the kidnapping of a minor.

QUALIFIED TRESPASS

a. What law punishes the crime of Qualified Trespass?-Revised Penal Code Article 280

OTHER FORMS OF TRESPASS

a. What law punishes the crime of Other Forms of Trespass?

- Revised Penal Code Article 281

GRAVE THREATS

a. What law punishes the crime of Grave Threats?- Revised Penal Code Article 283

LIGHT THREATS a. What law punishes the crime of Light Threats?- Revised Penal Code Article 283

OTHER LIGHT THREATS

a. What law punishes the crime of Other Light Threats?- Revised Penal Code Article 285
GRAVE COERCION a. What law punishes the crime of Grave Coercion?- Revised Penal Code Article 286

LIGHT COERCION a. What law punishes the crime of Light Coercion?- Revised Penal Code Article 287

CRIMES AGAINST PROPERTY

ROBBERYa. What law punishes the crime of Robbery? - Revised Penal Code Article 293 - 298b. .

Classification of Robbery: 1. Robbery with violence against or intimidation of persons.

2. Robbery by the use of force upon things.

The property taken must be personal property, for if real property is occupied or real right is usurped by
means of violence against or intimidation, the crime is usurpation (Art 312)

Prohibitive articles, such as opium, may be the subject matter of robbery The property must belong to
another

One who, by means of violence or intimidation, took his own property from the depositary is not guilty
of robbery .

Since the personal property must belong to another, a co-owner or partner cannot commit robbery or
theft with regard to co-ownership or partnership property .

The person from whom the property is taken NEED NOT BE THE OWNER.

The phrase “belonging to another” in relation to the property taken, means that the naming of the
owner is matter of essential description of the crime IF the crime charged is ROBBERY WITH HOMICIDE.

But when the accused is prosecuted for robbery with intimidation or violence resulting only in physical
injuries, or for robbery by the use of force upon things, the name of the real owner is not essential so
long as the personal property does not belong to the accused.

In robbery, the personal property of another is taken by the offender against the will of the owner The
unlawful taking of personal property is an essential part of the crime of robbery and where the taking
was lawful and later on there was an unlawful misappropriation subsequent to such taking, the crime is
estafa or malversation.

Intent to gain is PRESUMED from the unlawful taking of personal property.

BRIGANDAGE a. What law punishes the crime of Brigandage?- Revised Penal Code Article 306-307

NOTE:Those who profit from the loot are liable as aiding and abetting a band of brigands.

Brigandage may be committed without the use of firearms. The term “armed ” covers arms and weapons
IN GENERAL, not necessarily firearms

THEFT (HURTO) a. What law punishes the crime of Theft?- Revised Penal Code Article 308b.
NOTE:Theft is consummated when the offender is able to take possession of the thing. Once the thief
has full possession of the thing, even if he did not have a chance to dispose the same, theft is
consummated. Theft distinguished from robbery:

• In theft, the offender does not use violence or intimidation or does not enter a house or building
through any of the means specified in Art 299 or Art 302 in taking personal property of another with
intent to gain • For robbery to exist, it is necessary that there should be taking against the will of the
owner and theft, it sufficed that consent on the part of the of the owner is lacking.

ART. 310. QUALIFIED THEFT

THEFT IS QUALIFIED – 1. If the theft is committed by a domestic servant; or 2. If the theft is committed
with grave abuse of confidence; or

3. If the property stolen is a (a) motor vehicle, (b) mail matter, or (c) large cattle; or 4. If the property
stolen consists of coconuts taken from the premises of a plantation; or 5. If the property stolen is fish
taken from a fishpond or fishery; or 6. If property is taken on the occasion of fire, earthquake, typhoon,
volcanic eruption or any other calamity , vehicular accident or civil disturbance.

USURPATION

What are the crimes under usurpation?

1. Occupation of real property or usurpation of real rights in property

2. altering boundaries or landmarks.

ESTAFA a. What law punishes the crime of Estafa?- Revised Penal Code Article 315b. What are the
elements of Estafa?

1. There is deceit.2. There is damage or prejudice to the offended party.3. The deceit is through
unfaithfulness or abuse of confidence.4. Some by means of false pretenses or fraudulent acts or
means.

OTHER FORMS OF SWINDLING a. What law punishes the crime of Other Forms of Swindling?- Revised
Penal Code Article 316

OTHER DECEITS a. What law punishes the crime of Other Deceits?

Revised Penal Code Article 318

ARSONa. What are the laws governing Arson?- PD 1613 which repealed Arts. 3 to 320-b of the RPC - RA
7659 as regards the imposition of death penalty.

MALICIOUS MISCHIEF Malicious Mischief, defined • The willful damaging of another ’s property for the
sake of causing damage due to hate, revenge or other evil motive.
What are the crimes classified as malicious mischief? 1. Special cases of malicious mischief 2. Other
mischiefs 3. Damage and obstruction to means of communication 4. Destroying or damaging statutes,
public monuments or paintings

NOTE: The third element presupposes that the offender acted due to hate, revenge or other evil motive.

EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

Art. 332. Persons exempt from criminal liability. — No criminal, but only civil liability, shall result from
the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by
the following persons: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line.

2. The widowed spouse with respect to the property which belonged to the deceased spouse before the
same shall have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established by this article shall not be applicable to strangers participating in the
commission of the crime.

CRIMES AGAINST CHASTITY

ADULTERY a. What law punishes the crime of Adultery?- Revised Penal Code Article 333b.

CONCUBINAGE a. What law punishes the crime of Concubinage?- Revised Penal Code Article 334

ACTS OF LASCIVIOUSNESS a. What law punishes the crime of Acts of Lasciviousness?- Revised Penal
Code Article 336

QUALIFED SEDUCTION a. What law punishes the crime of Qualified Seduction?- Revised Penal Code
Article 337

SIMPLE SEDUCTION. — The seduction of a woman who is single or a widow of good reputation, over
twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto
mayor.

ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY. — The penalty of arresto
mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and
the same circumstances as those provided in Articles 337 and 338.

CORRUPTION OF MINORS. — Any person who shall promote or facilitate the prostitution or corruption
of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit
is a pubic officer or employee, including those in government-owned or controlled corporations, he shall
also suffer the penalty of temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92).
Habituality or abuse of authority or confidence, not necessary “To satisfy the lust of another ” • One who
casts for his own ends does not incur the sanction of the law. Single without abuse of authority or
confidence is now a crime

It is not necessary that the unchaste acts shall have been done • What the law punishes is the act of a
pimp who facilitates the corruption of, and not the performance of unchaste acts upon, the minor. • A
mere proposal will consummate the offense. Age of victim - Person below 21

Reputation of the victim -She or he must be of good reputation, not a prostitute or corrupted person.

WHITE SLAVE TRADE a. What law punishes the crime of White Slave Trade?- Revised Penal Code Article
266

- RA 9208 (Trafficking in Person)

FORCIBLE ABDUCTION a. What law punishes the crime of Forcible Abduction?- Revised Penal Code
Article 342

If the female abducted is under 12, the crime is forcible abduction, even if she voluntarily goes with the
abductor.

It is not necessary that she be taken against her will. The reason for this, is that she has no will of her
own, therefore, is incapable of giving consent.

Sexual intercourse is not necessary in forcible abduction. The intent to seduce being sufficient.

Lewd designs may be shown by the conduct of the accused

CONSENTED ABDUCTION. — The abduction of a virgin over twelve years and under eighteen years of
age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision
correccional in its minimum and medium periods.

Must the taking of the virgin have the character of permanency? • The taking away of the girl in
consented abduction need not be with some character of permanence.

• “No matter how short is the taking away, the crime exists. ”

CRIMES AGAINST THE CIVIL STATUS OF PERSONS

SIMULATION OF BIRTH a. What law punishes the crime of Simulation of Birth?- Revised Penal Code
Article 347

USURPATION OF CHILD STATUSa. What law punishes the crime of Usurpation of Child Status?- Revised
Penal Code Article 348

BIGAMY a. What law punishes the crime of Bigamy?- Revised Penal Code Article 349
 CRIMES AGAINST HONOR

LIBEL a. What law punishes the crime of Libel?- Revised Penal Code Article 353

SLANDER a. What law punishes the crime of Slander?- Revised Penal Code Article 358

SLANDER BY DEED a. What law punishes the crime of Slander by Deed?- Revised Penal Code Article 359

INTRIGUING AGAINST HONOR

a. What law punishes the crime of Intriguing against Honor?- Revised Penal Code Article 364.

QUASI OFFENSES (CRIMINAL NEGLIGENCE)a. What law punishes Criminal Negligence?- Revised Penal
Code Article 365b. What are the elements of Criminal Negligence?

1. The offender commits an act by reckless imprudence.2. The act will constitute a grave felony,
if it is intentional.

Criminal negligence in the RPC is treated as a mere quasi-offense and dealt separately from willful
offenses. It is not a mere question of classification or terminology. In intentional crimes, the act itself is
punished; in negligence or imprudence, what is principally penalized is the mental attitude or condition
behind the act, the dangerous recklessness, lack of care or foresight.

Negligence under the Penal Code and that under the Civil Code
• A negligent act causing damage may produce civil liability arising from crime or create an action for
quasi-delict under the Civil Code. The injured party may choose which remedy to enforce. He cannot
recover damages twice for the same act or omission of the defendant.
Imprudence and negligence, defined
• Imprudence: indicates a deficiency of action; failure in precaution; failure to take the necessary
precaution once they are foreseen .

• Negligence: indicates a deficiency or perception; failure in advertence; failure to pay proper attention
and use due diligence in foreseeing them

Reckless imprudence, defined

• Consists in voluntarily, but without malice, doing or failing to do an act from which material damage
results by reason of inexcusable lack of precaution on the part of the person performing or failing to
perform such act, taking into consideration his employment or occupation, degree of intelligence,
physical condition and other circumstances regarding persons, time and place.
Simple imprudence, defined
• Consists in the lack of precaution displayed in those cases in which the damage impending to be
caused is not immediate nor the danger clearly manifest.

Reckless imprudence consists in doing or failing to do an act Doing an act

Failing to do an act
• Illustration: “A” parked his car on a sloping ground without putting his handbrake or putting an
obstacle on the rear wheels to prevent it from moving backward. There were children playing on the
lower part of the ground. Because of “A ’s ” failure to put the hand brake or to put an obstacle on the rear
wheels of the car, it suddenly moved backward, running over of the children who was killed.

Doing or failing to do an act

• Illustration:
Failing to kept the animals in the corral or to kept them tied may also constitute reckless imprudence.
Where the accused allowed their cows and carabaos to roam and or gaze in the premises of the land
planted to coco trees and bananas tenanted by the complainant and inspite of several warnings, the
accused may be convicted of damage to property thru reckless imprudence if it is their reckless
imprudence in letting loose their animals that resulted in damage to property.

Lack of foresight, as negligence

• Leaving a loaded firearm on a chair within the reach of a child, making it possible for the child to pick it
up and play with it, causing his death by its discharge, constituting homicide through reckless
negligence.
Test of negligence
• Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to
the person injured as a reasonable consequence of the course about to be pursued? If so, the law
imposes a duty on the actor to refrain from that course or to take precaution against its mischievous
results and the failure to do so constitute negligence.
• Reasonable foresight of harm, followed by ignoring of the admonition born of this provision, is the
constitutive fact of negligence.

Whether tire blowout is fortuitous event

• Where the cause of the blowout was known, inner tube of the left front tire was pressed between the
inner circle of the left wheel and the rim which had slipped out of the wheel Æ This constitutes a
mechanical defect of the conveyance or a fault in its equipment which was easily discoverable if the bus
had been subjected to a more thorough or rigid check-up before it took to the road that morning. (La
Mallorca v. De Jesus)
Failure to detect mechanical defect is negligence, if accused driver assumed the duty of inspecting the
vehicle
• The rule throws upon the driver of motor vehicles they are driving and compels them to know and to
be certain about it. A contrary rule would expose the pedestrians and other motorists to increasing
perils and would make it easier for the drivers at fault to escape liability by the simple expedient of
disclaiming knowledge of the defects of their vehicles. When the driver could not have known the defect
of brakes, he is not liable. (People v. Villacorta) The doing of the act or the failure to do the act must be
voluntary
• If the accused is compelled to do the act or is prevented from doing the act by means of irresistible
force or because of uncontrollable fear, or if he is insane or is a minor under nine years old he cannot be
held liable for criminal negligence.
That it be without malice
• Criminal negligence presupposes lack of intention to commit the wrong done, but it came about due
to imprudence on the part of the offender.
• Thus, once intent to kill is proved, killing of a person is not homicide through imprudence but plain
homicide.
Material damage results
• There must be injury to persons or damage to property as a consequence of reckless or simple
imprudence Inexcusable lack of precaution on the part of the offender
Illustration “A” was driving a car. He saw that the vehicle of “B ” was approaching from the opposite
direction and was so near that there was no room for him to pass, because there was a carromata ahead
of him. For overtaking and passing that carromata, resulting in the collision between his car and the
vehicle of “B,” “A” did not take the necessary precaution to avoid damage to property.