Study Guide Criminal Law Book One

Bataan Heroes College
CRIMINAL LAW BOOK ONE
STUDY GUIDE
CARLO C. RIMAS
CRIMINOLOGY DEPARTMENT
Criminal Law Book OnePage 1

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Module 1
CRIMINAL LAW
– that branch of public substantive law which defines crimes, treats of their nature, and provides
for their punishment.
What are the constitutional provisions limiting the power of Congress to enact penal laws?
The constitutional provision limiting the power of Congress to enact penal laws are the following:
1. The law must not be an ex post facto law or it should not be given a retroactive effect.
2. The law must not be a bill of attainder, meaning it cannot provide punishment without
judicial proceedings.
3. The law must not impose cruel, unusual or degrading punishment.
4. No person shall be held to answer for a criminal offense without due process of law.
MALA IN SE AND MALA PROHIBITA

Mala in se– A crime or an act that is inherently immoral, such as murder, arson or rape.
Mala prohibita– An act that is a crime merely because it is prohibited by statute, although the
act itself is not necessarily immoral.
MALA IN SE MALA PROHIBITA
As TO NATURE Wrong from its very nature. Wrong because it is prohibited

by law.
As To Use of Good Faith as GF a valid defense, unless the crime is GF is not a defense, unless the
a Defense the result of culpa law provides otherwise
As to WON criminal intent is Criminal intent is an element. Criminal intent is immaterial, BUT
an element still requires intelligence &
voluntariness
As to degree of Degree of accomplishment is taken The act gives rise to a crime only
accomplishment of crime into account for the punishment. when consummated.
As to mitigating and They are taken into account in They are not taken into account.
aggravating circumstances imposing penalty

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As to degree of When there is more than one offender, Degree of participation is

participation the degree of participation of each in generally not taken into
the commission is taken into account. account. All who participated in
the act are punished to the same
extent.
As to stages of execution There are three execution stages: No such stages of execution
attempted, frustrated &
consummated
As to persons criminally There are three persons criminally Generally, only the principal is
liable liable: Principal, accomplices and liable. All perpetrators are
accessories punished with the same extent.
As to what laws are Generally, Violation of RPC Generally, Violation of special

violated penal laws
As to division of penalties Penalties may be divided into degrees There is no such division of
and periods. penalties.
PENAL LEGISLATION
SCHOOLS OF THOUGHT
(1) Classical Theory
It simply means that the BASIS of criminal liabilities is HUMAN FREE WILL, and the PURPOSE of
the penalty is retribution which must be proportional to the gravity of the offense
(2) Positivist Theory
It considers man as a social being and his acts are attributable not just to his will but to other
forces of society. As such, punishment is not the solution, as he is not entirely to be blamed;
law and jurisprudence should not be the yardstick in the imposition of sanction, instead the
underlying reasons would be inquired into.
(3) Eclectic/Mixed
(a) Combines both positivist and classical thinking.
(b) Crimes that are economic and social by nature should be dealt with in a positivist
manner; thus, the law is more compassionate.
(c) Heinous crimes should be dealt with in a classical manner; thus, capital punishment.
Note: The Revised Penal Code today follows the mixed or eclectic philosophy.
LEGAL MAXIMS:
1. Nullum crimen, nulla poena sine lege- There is no crime when there is no law punishing the
same.
2. Actus non facit reum, nisi mens - The act cannot be criminal where the mind is not criminal.
3. Actus me invite factus non est meus actus- an act done by me against my will is not my act.

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SUPPLETORY APPLICATION OF RPC

General rule: RPC provisions supplement the provisions of special laws. [Art. 10, RPC] except
where the special law provides otherwise. [Art.10, RPC]
CASE: Ladonga v. People
Petitioner insists that she cannot be held criminally liable for violation of B.P. Blg. 22 because she
had no participation in the drawing and issuance of the three checks subject of the three criminal
cases, a fact proven by the checks themselves. She contends that the Court of Appeals gravely
erred in applying the principle of conspiracy, as defined under the RPC, to violations of B.P. Blg. 22.
She posits that the application of the principle of conspiracy would enlarge the scope of the
statute and include situations not provided for or intended by the lawmakers, such as penalizing a
person, like petitioner, who had no participation in the drawing or issuance of checks.
Ruling: In the absence of contrary provision in B.P. Blg. 22, the general provisions of the RPC which,
by their nature, are necessarily applicable, may be applied suppletorily.
Note: When the special law adopts the penalties imposed in the RPC, such as reclusion
perpetua, the provisions of the RPC on imposition of penalties based on stage of execution,
degree of participation, and attendance of mitigating and aggravating circumstances may be
applied by necessary implication.
CONSTRUCTION OF PENAL LAWS

Strict construction against the State and liberally in favor of the accused
Pro Reo Doctrine – 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.
Equipoise Rule – When the evidence of the prosecution and the defense are equally balanced,
the scale should be tilted in favor of the accused in obedience to the constitutional presumption
of innocence.
SCOPE OF APPLICATION AND CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW

A. GENERALITY General rule: The penal law of the country is binding on all persons who live or
sojourn in Philippine territory, subject to the principles of public international law and to treaty
stipulations. [Art. 14, NCC]
Exception:
1. Art. 2, RPC. “Except as provided in the treaties or laws of preferential application xxx”.
2. Art. 14, NCC. “xxx subject to the principles of public international law and to treaty
stipulations.”
(1) Treaty Stipulations

Examples: (a) Bases Agreement entered into by the Philippines and the US on Mar. 14,
1947 and expired on Sept. 16, 1991.
(b) Visiting Forces Agreement (VFA)is an agreement between the Philippine and US
Government regarding the treatment of US Armed Forces visiting the Philippines. It was
signed on Feb. 10, 1998.

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Rule on Jurisdiction under the VFA: (A) IF THE CRIME IS PUNISHABLE UNDER PHILIPPINE
LAWS BUT NOT UNDER US LAWS THEN PHILIPPINES HAS EXCLUSIVE JURISDICTION. (B) IF THE
CRIME IS PUNISHABLE UNDER US LAWS BUT NOT UNDER PHILIPPINE LAWS THEN US HAS
EXCLUSIVE JURISDICTION. (C) IF THE CRIME IS PUNISHABLE UNDER THE US AND PHILIPPINE
LAWS THEN THERE IS CONCURRENT JURISDICTION BUT THE PHILIPPINES HAS THE RIGHT TO
PRIMARY JURISDICTION. (D) IF THE CRIME IS COMMITTED BY A US PERSONNEL AGAINST THE
SECURITY AND PROPERTY OF THE US ALONE THEN US HAS EXCLUSIVE JURISDICTION.
(2) Laws of Preferential Application

Examples: (a) Any ambassador or public minister of any foreign State, authorized and
received as such by the President, or any domestic or domestic servant of any such
ambassador or minister are exempt from arrest and imprisonment and whose properties
are exempt from distraint, seizure and attachment. (R.A. No. 75)
Warship Rule – A WARSHIP OF ANOTHER COUNTRY, EVEN THOUGH DOCKED IN THE
PHILIPPINES, IS CONSIDERED AN EXTENSION OF THE TERRITORY OF ITS RESPECTIVE COUNTRY.
This also applies to embassies.
(3) Principles of Public International Law

The following persons are exempt from the provisions of the RPC: (1) Sovereigns and other
heads of state (2) Ambassadors, ministers plenipotentiary, minister resident and charges
d’ affaires. (Article 31, Vienna Convention on Diplomatic Relations)
Note: CONSULS AND CONSULAR OFFICERS ARE NOT EXEMPT FROM LOCAL PROSECUTION.
B. TERRITORIALITY
Art. 2, RPC embraces two scopes of applications:
(1) Intraterritorial – refers to the application of the RPC within the Philippine territory (land,
air and water).
(2) Extraterritorial – refers to the application of the Revised Penal Code outside the
Philippine territory.
General rule: Penal laws of the country have force and effect only within its territory.
(a) It cannot penalize crimes committed outside its territory.
(b) The national territory comprises the Philippine Archipelago… [Art. I, 1987 Constitution].
(c) The territory of the country is not limited to the land where its sovereignty resides but
includes also its maritime and interior waters as well as its atmosphere. [Art. 2, RPC]
Note: (1) Terrestrial jurisdiction is the jurisdiction exercised over land. (2) Fluvial jurisdiction
is the jurisdiction exercised over maritime and interior waters. (3) Aerial jurisdiction is the
jurisdiction exercised over the atmosphere.
Exception: Extraterritorial Crimes, which are punishable even if committed outside the
Philippine territory [Art. 2, RPC]
Par. 1: Crimes committed aboard Philippine ship or airship:

The RPC is applied to Philippine vessels if the crime is committed while the ship is treading:
(a) Philippine waters (intraterritorial), or (b) The high seas.

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Note: a. It must NOT be within the jurisdiction of any State (extraterritorial)

b. It must be registered in the Philippines under Philippine laws.
Two rules as to jurisdiction over crimes committed aboard merchant vessels while in the
territorial waters of another country :
(1) French Rule: It is the flag or nationality of the vessel which determines jurisdiction
UNLESS the crime violates the peace and order of the host country.
(2) English Rule: crimes committed aboard the vessel within the territorial waters of a
country are triable in the courts of such country jurisdiction UNLESS the crime merely
relates to internal management of the vessel.
Note:
(a) The Philippines adheres to the ENGLISH RULE.
(b) However, these rules are NOT applicable if the vessel is on the high seas when the
crime was committed. In these cases, the laws of the nationality of the ship will
always apply.
(c) When the crime is committed in a war vessel of a foreign country, the nationality of
the vessel will always determine jurisdiction as they are considered to be an extension
of the territory of the country to which they belong.
(d) THE COUNTRY OF REGISTRY DETERMINES THE NATIONALITY OF THE VESSEL, NOT ITS
OWNERSHIP. A FILIPINO-OWNED VESSEL REGISTERED IN CHINA MUST FLY THE CHINESE
FLAG.
(e) Foreign merchant vessel in transit: possession of dangerous drugs is not punishable,
but the use of the same is punishable. (English Rule)
(f) Foreign merchant not in transit: Possession of dangerous drugs is punishable because
it can already be considered as illegal importation.
Par. 2: Should forge or Counterfeit any Coin or Currency Note of the Philippines or obligations
and securities issued by the Government.
Par. 3: Should introduce into the country the abovementioned obligations and securities.
The reason for this provision is that the introduction of forged or counterfeited obligations and
securities into the Philippines is as dangerous as the forging or counterfeiting of the same, to the
economic interest of the country.
Par. 4: While being public officers or employees, should commit an offense in the exercise of
their functions.
Note: A crime committed within the grounds of a Philippine embassy on a foreign soil
shall be subject to Philippine penal laws, although it may not have been committed by a
public officer in relation to his official duties.
Reason: Embassy grounds are considered as extensions of the sovereignty of the
Philippines.
It must be in connection with the performance of his function.

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Par. 5: Commit any of the crimes against national security and the law of nations. (TC-ME)
CRIMES AGAINST NATIONAL SECURITY: (i) Treason (A.114) (ii) Conspiracy and proposal to commit
treason (A.115) (iii) Misprision of treason (A.116) (iv) Espionage (A.117)
CRIMES AGAINST THE LAW OF NATIONS: (IVCFP) (i) Inciting to war or giving motives for reprisals
(A.118) (ii) Violation of neutrality (A.119) (iii) Correspondence with hostile country (A.120) (iv)
Flight to enemy’s country (A.121) (v) Piracy in general and mutiny on the high seas or in
Philippine waters
NOTE:
(1) Rebellion, coup d’etat and sedition when committed abroad are not subject to
Philippine laws because they are crimes against public order.
(2) Terrorism as defined by RA 9372 (Human Security Act of 2007) is now considered as
crime against national security and law of nations.
C. PROSPECTIVITY
General rule: Acts or omissions will only be subject to a penal law if they are committed
AFTER a penal law has taken effect.
Exception: Penal laws shall have a retroactive effect, insofar as they favor the person guilty
of a felony. [Art. 22, RPC]
Exception to the Exception: (1) The new law is expressly made inapplicable to pending
actions or existing cause of actions; or (2) The offender is a habitual criminal. [Art. 22, RPC]
Effects of repeal/amendment of penal law:
(1) If the repeal makes the penalty lighter in the new law:
(a) The new law shall be applied,
(b) EXCEPT when the offender is a habitual delinquent or when the new law is made not
applicable to pending action or existing causes of action.
(2) If the new law imposes a heavier penalty (a) Law in force at the time of the commission
of the offense shall be applied.
(3) If the new law totally repeals the existing law so that the act which was penalized under
the old law is no longer punishable, (a) The crime is obliterated. (b) Pending cases are
dismissed. (c) Unserved penalties imposed are remitted.
(4) Rule of prospectivity also applies to judicial decisions, administrative rulings and circulars.
[Art. 8, Civil Code]
Note: There is no retroactive effect of penal laws as regards jurisdiction of court. The
jurisdiction of the court to try a criminal action is to be determined by the law in force at
the time of instituting the action, not at the time of the commission of the crime.
CONSTITUTIONAL LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS

a. EQUAL PROTECTION -Art. III, Sec. 1, 1987 Const. No person shall be deprived of life, liberty,
or property without due process of law, nor shall any person be denied the equal
protection of the laws.
b. DUE PROCESS -Art. III, Sec. 14 (1), 1987 Const. No person shall be held to answer for a
criminal offense without due process of law.

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c. NON-IMPOSITION OF CRUEL AND UNUSUAL PUNISHMENT OR EXCESSIVE FINES- Art III, Sec.
19, 1987 Const. Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.
d. BILL OF ATTAINDER Art. III, Sec. 22, 1987 Const. No ex post facto law or bill of attainder
shall be enacted.
Bill of Attainder- a legislative act that inflicts punishment without trial, its essence being
the substitution of legislative fiat for a judicial determination of guilt.
e. EX POST FACTO LAW
Ex Post Facto Law is one which:
(1) Makes criminal an act done before the passage of the law and which was innocent
when done, and punishes such an act.
(2) Aggravates a crime, or makes it greater than it was, when committed;
(3) Changes the punishment and inflicts a greater punishment than the law annexed to
the crime when committed;
(4) Alters the legal rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense;
(5) Assumes to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful; and
(6) Deprives a person accused of a crime of some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or a
proclamation of amnesty.
f. OTHER CONSTITUTIONAL LIMITATIONS (a) Must not provide imprisonment for non-payment
of debts or poll tax. [1987 Const. Art. III, Sec. 19 (1)] (b) Must not restrict other
constitutional freedoms, e.g. due process, religion, free speech, and assembly.
Felonies
DIFFERENTIATING FELONIES, OFFENSE, MISDEMEANOR AND CRIME
FELONY – refers only to violations of the Revised Penal Code.
OFFENSE – A crime punished under a special law is called a statutory offense.
MISDEMEANOR –A minor infraction of the law, such as a violation of an ordinance.
CRIME –Whether the wrongdoing is punished under the Revised Penal Code or under a
special law, the generic word “crime” can be used.
FELONIES: HOW COMMITTED

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 the
wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. [Art. 3,
RPC]
CLASSIFICATION OF FELONIES
(1) According to the Manner of Their Commission;

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(a) Intentional felonies – those committed with deliberate intent; and

(b) Culpable felonies – those resulting from negligence, reckless imprudence, lack of
foresight or lack of skill.
INTENTIONAL FELONY V. CULPABLE FELONY
Intentional Culpable
Act is malicious. Not malicious
With deliberate intent. Injury caused is unintentional, being just an

incident of another act performed without
malice.
Has intention to cause an injury Wrongful act results from imprudence,

negligence, lack of foresight, or lack of skill.
(2) According to the Stages of Their Execution:

(a) Attempted (b) Frustrated (c) Consummated
(3) According to Their Gravity
(a) Grave felonies – those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive:(i) Reclusion perpetua (ii) Reclusion temporal (iii)
Perpetual or Absolute DQ (iv) Perpetual or Temporary Special DQ (v) Prision mayor (vi) Fine more
than P6,000
(b) Less grave felonies– those to which the law punishes with penalties which in their
maximum period is correctional; (i) Prision correccional (ii) Arresto mayor (iii) Suspension (iv)
Destierro (v) Fines equal to or more than P40,000.
(c) Light felonies– those infractions of law for the commission of which the penalty is
arresto menor, or a fine not exceeding P40,000, or both.
Other Classifications:
(a) Formal Crimes or crimes of effects: Crimes which by a single act of the accused
consummates the crime.
Example: ILLEGAL EXACTION, False Testimony, physical injuries, acts of lasciviousness,
coercion, slander, flight to enemy country.
In illegal exaction, mere demanding of an amount different from what the law authorizes
him to collect will already consummate a crime, whether the taxpayer pays the amount
being demanded or not.
(b) Material Felonies: crimes that have various stages of execution
(c) Felonies by omission: Crimes which have no attempted stage.
(d) Crimes which have NO FRUSTRATED STAGE: the essence of the crime is the act itself.
(a) Rape – the slightest penetration already consummates the crime
(b) Arson - the slightest burning already renders the crime complete.
(c) Theft –“FREE DISPOSITION OF THE ITEMS STOLEN” IS NOT IN ANY WAY DETERMINATIVE OF
WHETHER THE CRIME OF THEFT HAS BEEN PRODUCED. [Valenzuela vs. People (2007)]. THE

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UNLAWFUL TAKING IMMEDIATELY CONSUMMATES THE OFFENSE and the disposition of the thing
is not an element thereof.
(d) Indirect Bribery – If he accepts the gift being offered by reason of his office, the crime
is consummated. If he does not, he does not commit the crime.
(e) Corruption of Public Officer- when the offer is accepted, the offense is consummated.
But when the offer is rejected, the offense is merely ATTEMPTED.
(f) Adultery – because the essence of the crime is sexual congress.
(g) Physical Injury – since it cannot be determined whether the injury will be slight, less
serious, or serious, unless and until consummated.
Why is it necessary to determine whether the crime is grave, less grave or light?
(1) To determine (a) whether these felonies can be complexed or not; (b) the
prescription of the crime and (c) the prescription of the penalty.
(2) In other words, these are felonies classified according to their gravity, stages and the
penalty attached to them.
(3) As to Count
Plurality of crimes may be in the form of: (a) Compound Crime, (b) Complex crime; and
(c) Composite crime.
(4) As to Nature (a) Mala in se (b) Mala prohibita
Module 2
ELEMENTS OF CRIMINAL LIABILITY

Elements of Felonies:
(1) There must be an act or omission (actus reus/physical act)
(2) That the act or omission must be punishable by the RPC.
Based upon the maxim “nullum crimen nulla poena sine lege”.
(1) That the act is performed or the omission incurred by means of dolo or culpa.
The act or omission must be voluntary.
DOLO
Dolo is deliberate intent and must be coupled with freedom of action and intelligence on the
part of the offender as to the act done by him.
Intentional Felonies – The act or omission is performed or incurred with deliberate intent (with
malice) to cause an injury to another.
Requisites:
(1) Freedom
(a) Voluntariness on the part of the person who commits the act or omission.
(b) If there is lack of freedom, the offender is exempt from liability (i.e., presence of
irresistible force or uncontrollable fear)

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(2) Intelligence
(a) Capacity to know and understand the consequences of one’s act.
(b) This power is necessary to determine the morality of human acts, the lack of which
leads to non-existence of a crime.
(c) If there is lack of intelligence, the offender is exempt from liability. (i.e., offender is an
imbecile, insane or under 15 years of age)
(3) Criminal Intent
(a) The purpose to use a particular means to effect a result.
(b) The intent to commit an act with malice, being purely a mental state, is presumed
(but only if the act committed is unlawful).Such presumption arises from the proof of
commission of an unlawful act.
Note:
(a) However, in some crimes, intent cannot be presumed being an integral element
thereof; so it has to be proven.
Example: In frustrated homicide, specific intent to kill is not presumed but must be
proven; otherwise it is merely physical injuries.
(b) An honest mistake of fact destroys the presumption of criminal intent which arises
from the commission of a felonious act. [People v. Oanis]
(c) Mens rea: "A guilty mind, a guilty or wrongful purpose or criminal intent.
(d) Lack of intent- there is no crime, the act is JUSTIFIED.
(e) Exception to the requirement of criminal intent: (a) Felonies committed by CULPA. (b)
Offenses MALA PROHIBITA.
DISTINCTION BETWEEN INTENT, DISCERNMENT AND MOTIVE

Intent – is the determination to do a certain thing, an aim or purpose of the mind. It establishes
the nature and extent of culpability in intentional felonies.
Discernment – is the mental capacity to tell right from wrong. It is integral to the element of
intelligence, NOT intent.
Motive – it is the moving power which impels one to do an act (ex. vengeance). Generally, it is
not an essential element of a crime; (except in certain cases enumerated below)
WHEN MOTIVE BECOMES MATERIAL IN DETERMINING CRIMINAL LIABILITY
(1) the motive of the accused has been held to be relevant or essential to determine the
specific nature of the crime as, for instance, whether a murder was committed in the
furtherance of rebellion in which case the latter absorbs the former, or whether the accused
had his own personal motives for committing the murder independent of his membership in the
rebellious movement in which case rebellion and murder would constitute separate offenses
(2) When there is doubt as to the identity of the assailant.
(3) When there is the need to ascertain the truth between two conflicting versions of the crime.
(4) When the identification of the accused proceeds from an unreliable source and the
testimony is inconclusive and not free from doubt.
(5) When there are no eyewitnesses to the crime, and when suspicion is likely to fall upon a
number of persons.
(6) When the evidence on the commission of the crime is purely circumstantial.

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When motive is not essential

1. When there is an eyewitness or positive identification of the accused.
2. When the accused admitted or confessed to the commission of the crime.
3. In crimes mala prohibita.
4. In direct assault, when the victim, who is a person in authority or agent of a person in
authority was attacked in the actual performance of his duty (Art. 148, Revised Penal
Code).
5. In crimes committed through reckless imprudence.
CRIMINAL LIABILITY
Art. 4. RPC. Criminal liability shall be incurred: By any person committing a felony (delito)
although the wrongful act done be different from that which he intended. xxx xxx xxx.
Rationale: He who is the cause of the cause is the cause of the evil caused.
Requisites:
(1) An intentional felony has been committed.
(a) The felony committed should be one committed by means of dolo (with malice) because
Art. 4, Par. 1 speaks of wrongful act done different from that which he intended.
(b) The act should not be punished by a special law because the offender violating a special
law may not have the intent to do an injury to another.
Note: (1) No felony is committed when: (i) the act or omission is not punishable by the
RPC, (ii) the act is covered by any of the justifying circumstances enumerated in Art. 11.
Case: Any person who creates in another person’s mind an immediate sense of danger,
which causes the latter to do something resulting in the latter’s injuries, is liable for the
resulting injuries. (People vs. Toling January 17. 1975)
(2) The wrong done be the DIRECT, NATURAL AND LOGICAL consequence of the felony
committed by the offender.
Proximate Cause - THAT CAUSE, WHICH, IN A NATURAL AND CONTINUOUS SEQUENCE, UNBROKEN
BY ANY EFFICIENT INTERVENING CAUSE, PRODUCES THE INJURY WITHOUT WHICH THE RESULT
WOULD NOT HAVE OCCURRED.
General rule: THE OFFENDER IS CRIMINALLY LIABLE FOR ALL THE NATURAL AND LOGICAL
CONSEQUENCES OF HIS FELONIOUS ACT, ALTHOUGH NOT INTENDED, IF THE FELONIOUS ACT IS THE
PROXIMATE CAUSE OF THE RESULTING HARM. Thus, the person is still criminally liable although the
wrongful act done be different from that which he intended in the following cases:
(1) ERROR IN PERSONAE - mistake in the identity of the victim; injuring one person mistaken for
another (Art. 49 – penalty for lesser crime in its maximum period)
(2) ABERRATIO ICTUS - mistake in the blow; when offender intending to do an injury to one
person actually inflicts it on another (Art. 48 on complex crimes – penalty for graver
offense in its maximum period)
Rules: a. There is no complex crime if the other crime is light felony (e.g slight physical
injury). There would be two separate crimes.
b. Art. 48 applies only when the two offenses are grave or less grave.

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(3) PRAETER INTENTIONEM - INJURIOUS RESULT IS GREATER THAN THAT INTENDED (Art. 13 –
mitigating circumstance)
Element: a) Intentional felony has been committed.
b) there is notorious disparity between the means employed and the resulting
felony.
The felony committed is not the proximate cause of the resulting injury when:
(1) There is an efficient intervening cause or an active force that intervened between the
felony committed and the resulting injury, and the active force is a distinct act or fact absolutely
foreign from the felonious act of the accused; or
(2) The resulting injury is due to the intentional act of the victim.
The following are not efficient intervening cause:

(1) The weak or diseased physical condition of the victim, as when one is suffering from
tuberculosis or heart disease. [People v. Illustre]
(2) The nervousness or temperament of the victim, as when a person dies in
consequence of an internal hemorrhage brought on by moving about against the
doctor’s orders, because of his nervous condition due to the wound inflicted on the
accused. [People v. Almonte]
(3) Causes which are inherent in the victim, such (a) the victim not knowing to swim and
(b) the victim being addicted to tuba drinking. [People v. Buhay and People v.
Valdez]
(4) Neglect of the victim or third person, such as the refusal by the injured party of
medical attendance or surgical operation, or the failure of the doctor to give anti-
tetanus injection to the injured person. [U.S. v. Marasigan]
(5) Erroneous or unskillful medical or surgical treatment, as when the assault took place in
an outlaying barrio where proper modern surgical service was not available. [People
v. Moldes]
Omission– It is inaction, the failure to perform a positive duty which a person is bound to do.
THERE MUST BE A LAW REQUIRING THE DOING OR PERFORMING OF AN ACT.
Crimes by omissions in the RPC:
(1) Art. 116: Misprision of treason.
(2) Art. 137: Disloyalty of public officers or employees.
(3) Art. 208: Negligence and tolerance in prosecution of offenses.
(4) Art. 223: Conniving with or consenting to evasion.
(5) Art. 275: Abandonment of person in danger and abandonment of one’s own victim.
(6) Art. 276: Abandoning a minor
MISTAKE OF FACT
Mistake of Fact (Ignorantia Facti Excusat) – It is a reasonable misapprehension of fact on the
part of the person causing injury to another. Such person is NOT criminally liable as he acted
without criminal intent.
Note:

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(a) Under this principle, what is involved is the lack of intent on the part of the accused.
Therefore, the defense of mistake of fact is an untenable defense in culpable felonies,
where there is no intent to consider.
(b) An honest mistake of fact destroys the presumption of criminal intent which arises upon
the commission of a felonious act.
Requisites:
(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 must be lawful;
(3) That the mistake must be without fault, negligence or carelessness on the part of the
accused.
When the accused is negligent, mistake of fact is not a defense. However, mistake of fact is NOT
availing in People v. Oanis (74 Phil. 257), because the police officers were at fault when they
shot the escaped convict who was sleeping, without first ascertaining his identity.
CULPA
Culpa – The act or omission is not malicious; the injury caused being simply the incident of
another act performed without malice.
(a) Although there is no intentional felony, there could be culpable felony.
(b) THE ELEMENT OF CRIMINAL INTENT IS REPLACED BY NEGLIGENCE, IMPRUDENCE, LACK OF
FORESIGHT OR LACK OF SKILL.
Requisites: (1) Freedom (2) Intelligence (3) Negligence, reckless imprudence, lack of foresight or
lack of skill
Is culpa merely a mode of committing a crime or a crime in itself?
(a) AS A MODE
Under Art. 3, it is clear that culpa is just a modality by which a felony may be committed.
(b) AS A CRIME
In Art. 365, criminal negligence is an omission which the article specifically
penalizes.
The concept of criminal negligence is the inexcusable lack of precaution on the
part of the person performing or failing to perform an act.
Negligence - Indicates deficiency of perception, failure to pay proper attention, and to use
diligence in foreseeing the injury or damage impending to be caused. Usually involves lack of
foresight.
Imprudence - Indicates deficiency of action, failure to take the necessary precaution to avoid
injury to person or damage to property. Usually involves lack of skill.
IMPOSSIBLE CRIME
REQUISITES:
(1) That the act performed would be an offense against persons or property.

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Crimes against person: (PHIM-DRAP) Parricide, Homicide, Infanticide, Murder, Duel, Rape,
Abortion, and Physical Injuries
Crimes against Property: (BRUCT-SCAM) Brigandage, Robbery, Usurpation, Culpable
Insolvency, Theft, Swindling, Chattel Mortgage, Arson, Maliscious Mischief
(2) That the act was DONE WITH EVIL INTENT.
(3) That its ACCOMPLISHMENT IS INHERENTLY IMPOSSIBLE, or that the MEANS EMPLOYED IS EITHER
INADEQUATE OR INEFFECTUAL.
(4) That the act performed should not constitute a violation of another provision of the RPC.
There would be no impossible crime of kidnapping with ransom (reason: it is not a crime against
person or property)
2 KINDS OF IMPOSSIBLE CRIME: a) Legal Impossibility and b) Physical impossibility

1)Legal impossibility –where the intended acts, even if completed, would not amount to a
crime.
Legal impossibility would apply to those circumstances where:
(i) the motive, desire and expectation is to perform an act in violation of the law;
(ii) there is intention to perform the physical act;
(iii) there is a performance of the intended physical act; and
(iv) the consequence resulting from the intended act does not amount to a crime.
Ex. Stealing a property that turned out to be owned by the stealer.
2) Physical or factual impossibility – when EXTRANEOUS CIRCUMSTANCES unknown to the actor or

beyond his control prevent the consummation of the intended crime.
Ex. When one tries to murder a corpse.
Note: However in Intod v. CA (1992): (a) In this case, four culprits, all armed with
firearms and with intent to kill, went to the intended victim’s house and after
having pinpointed the latter’s bedroom, all four fired at and riddled the said room
with bullets, thinking that the intended victim was already there as it was about
10:00 in the evening. (b) It so happened that the intended victim did not come
home that evening and so was not in her bedroom at that time. (c) Eventually
the culprits were prosecuted and convicted by the trial court for attempted
murder. (d) CA affirmed the judgment but the SC modified the same and held
the petitioner liable only for the so-called impossible crime. (e) As a result,
petitioner-accused was sentenced to imprisonment of only six months of arresto
mayor for the felonious act he committed with intent to kill: this despite the
destruction done to the intended victim’s house.
Purpose of punishing Impossible Crime: To SUPPRESS CRIMINAL PROPENSITY AND

CRIMINAL TENDENCIES.
Note: a. There is no attempted or frustrated impossible crime. It is always consummated
and applies only to grave or less grave felonies.

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b. Under Article 59 of RPC, the penalty for impossible crime is arresto mayor or fine
ranging from 200-500 pesos.
Stages of Execution
CLASSIFICATION UNDER ART. 6:
(1) Consummated Felony – When all the elements necessary for its execution and
accomplishment are present;
(2) Frustrated Felony – 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.
(3) Attempted Felony – When the offender commences the commission of a felony directly
by overt acts, and does not perform all the acts of execution which should produce the
felony BY REASON OF SOME CAUSE OR ACCIDENT OTHER THAN HIS OWN SPONTANEOUS
DESISTANCE.
DEVELOPMENT OF A CRIME
(1) INTERNAL ACTS
(a) Intent, ideas and plans; generally, not punishable. The intention and act must concur.
(b) Illustration: Ernie plans to kill Bert
(2) EXTERNAL ACTS

(a) Preparatory Acts - Acts tending toward the crime.
Note:
(a) Ordinarily not punished except when considered by law as independent crimes (i.e. Art.
304 – possession of picklocks)
(b) Proposal and conspiracy to commit a felony are not punishable except when the law
provides for their punishment in certain felonies.
(b) Acts of Execution - Usually overt acts with a logical relation to a particular concrete offense.
Illustration: Ernie stabs Bert
A commission of the felony is deemed commenced when the following are present:
(1) There are external acts.
(2) Such external acts have a direct connection with the crime intended to be
committed.
ATTEMPTED STAGE
Elements:
(a) The offender commences the commission of the felony directly by overt acts;
(b) He does not perform all the acts of execution due to cause or accident other than his
own spontaneous desistance.
Overt Act – Some physical activity, indicating the intention to commit a particular crime, more
than a mere planning or preparation, which if carried to its complete termination following its

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natural course, without being frustrated by external obstacles nor by the voluntary desistance of
the perpetrator, will logically and necessarily ripen into a concrete offense.
Attempted vs. Frustrated Stage:

Attempted Felony Frustrated Felony
Overt acts of execution are started All acts of execution are finished
BUT not all acts of execution are present BUT Crime sought to be committed is not
achieved
Due to reasons or accidents other than the Due to intervening causes independent of the
spontaneous desistance of the perpetrator will of the perpetrator
Offender still in subjective phase because he Offender is already in the objective phase
still has control of his acts, including their because all acts of execution are already
natural cause. present and the cause of its non-
accomplishment is other than the offender’s
will
Note:
(a) Subjective phase - That portion of the acts constituting a crime, starting from the point where
the offender begins the commission of the crime to that point WHERE HE STILL HAS CONTROL
OVER HIS ACTS.
Desistance is true only in the attempted stage of the felony.
Legal Desistance vs. Factual Desistance
Legal Desistance- referred in law which would obviate criminal liability unless the overt or
preparatory act already committed in themselves constitute a felony other than what the
actor intended. Desistance made during the attempted stage.
Factual Desistance – actual desistance of the actor; the actor is still liable for the attempt.
Desistance made after the attempted stage of the crime.
FRUSTRATED STAGE
Elements:
a) The offender performs all the acts of execution;
(b) But the felony is not produced by reason of causes independent of the will of the perpetrator.
It is the end of the subjective phase and the beginning of the objective phase.
Objective phase – the result of the acts of execution, that is, the accomplishment of the crime. If
the subjective and objective phases have been passed there is a consummated felony.
CRIMES WHICH DO NOT ADMIT OF FRUSTRATED STAGE (RABAPC)

(1) Rape

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Once there is penetration, no matter how slight it is, the offense is consummated. For this
reason, rape admits only of the attempted and consummated stages, no frustrated stage.
There is attempted rape when the penis only touches the outer part of the vagina.
(2) Arson
The crime of arson is consummated even if only a portion of the wall or any part of the house
is burned. The consummation of the crime of arson does not depend upon the extent of the
damage caused.
(3) Bribery and Corruption of Public Officers
(4) Adultery
(a) This requires the sexual contact between two participants.
(b) If that link is present, the crime is consummated;
(5) Physical Injuries
(a) Under the Revised Penal Code, the crime of physical injuries is penalized on the basis of
the gravity of the injuries. (b)One could not punish the attempted or frustrated stage
because one does not know what degree of physical injury was committed unless it is
consummated.
(6) Theft
(a) Once there is unlawful taking, theft is consummated.
(b) Disposition of the stolen goods is not an element of theft under the RPC.
(7) Coup d’ etat
Factors in Determining the Stage of Execution of a Felony:

(1) The manner of committing the crime;
(2) The elements of the crime; and
(3) The nature of the crime itself.
(1) The Manner of Committing the Crime

(a) Formal Crimes - consummated in one instant, no attempt. Ex. Slander and false
testimony, adultery. Adultery is punished based on its result.
(b) Crimes consummated by mere attempt or proposal by overt act. (i) Ex. Flight to enemy’s
country (Art. 121) and corruption of minors (Art. 340)
(c) Felony by omission (i) There can be no attempted stage when the felony is by omission,
because the offender does not execute acts, he omits to perform an act which the law
requires him to do.
(d) Crimes requiring the intervention of two persons to commit them are consummated by
mere agreement. (i) In bribery, the manner of committing the crime requires the meeting
of the minds between the giver and the receiver. (ii) WHEN THE GIVER DELIVERS THE
MONEY TO THE SUPPOSED RECEIVER, BUT THERE IS NO MEETING OF THE MINDS, THE ONLY
ACT DONE BY THE GIVER IS AN ATTEMPT.
(e) Material Crimes – have three stages of execution.
Thus, in determining the stage of some crimes, the manner of execution becomes pivotal in
determining the end of the subjective phase, i.e. once the offender performs the act in the

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manner provided for in the law, HE IS ALREADY DEEMED TO HAVE PERFORMED EVERY ACT FOR ITS
EXECUTION.
(2) The Elements of the Crime

(a) Along with the manner of execution, there are crimes wherein the existence of
certain elements becomes the factor in determining its consummation.
(b) In the crime of estafa, the element of damage is essential to consummate the crime.
If there is no damage, even if the offender succeeded in carting away the personal
property involved, estafa cannot be considered as consummated.
(c) On the other hand, if it were a crime of theft, damage or intent to cause damage is
not an element of theft. What is necessary only is intent to gain, not even gain is
important.
(e) In the crime of abduction, the crucial element is the taking away of the woman with
lewd designs.
(3) The Nature of the Crime Itself

(a) In defining of the frustrated stage of crimes involving the taking of human life
(parricide, homicide, and murder), it is indispensable that the victim be mortally
wounded.
(b) Hence, the general rule is that there must be a fatal injury inflicted, because it is only
then that death will follow.
Light Felonies (Art. 7)

Light Felonies- are those infractions of law for the commission of which the penalty of arresto
menor or fine not exceeding 200 pesos, or both, is provided.
Gen. Rule: LIGHT FELONIES ARE PUNISHABLE ONLY WHEN THEY HAVE BEEN CONSUMMATED.
Exception: IF COMMITTED AGAINST PERSONS OR PROPERTY, PUNISHABLE EVEN IF ATTEMPTED OR
FRUSTRATED.
Note: For light felonies, the only ones who can be held liable are the principals and
accomplices.
CONSPIRACY AND PROPOSAL (Art.8)

Conspiracy – exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. (Article 8, RPC).
Requisites of conspiracy:
(1) Two or more persons come to an agreement.
(2) The agreement pertains to a commission of a felony.
(3) The execution of the felony was decided upon.
Note: There must be participation in the criminal resolution because simple knowledge thereof
by a person may only make him liable as an accomplice.
General rule: Conspiracy and proposal to commit a felony are not punishable.
Exception: They are punishable only in the cases in which the law specially provides a penalty
therefore.

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The law specially provides penalty for mere conspiracy in crimes of:
a. Under RPC (TRICSIME): (a) Treason (Art. 115) (b) Rebellion (Art. 136) (c) Insurrection
(Art. 136) (d) Coup d’état, (Art. 136) (e) Sedition (Art. 141) (f) Monopolies and
combinations in restraint of trade, Espionage (Art. 186) (g) Illegal association (Art. 147)
b. Under Special Laws: (a) Highway Robbery (P.D. 532) (b) Espionage (Sec. 3, C.A. 616)
(c) Selected acts under the Dangerous Drugs Acts (d) Arson (e) Terrorism (R.A. 9372)
The law specially provides penalty for mere proposal in crimes of: (TRICI)
(a) Treason (b) Rebellion (c) Insurrection (d) Coup d’ etat (e) Inducement not to answer
summons, appear or be sworn in Congress, etc. (Art. 150)
CONSPIRACY AS A FELONY, DISTINGUISHED FROM CONSPIRACY AS A MANNER OF

INCURRING CRIMINAL LIABILITY:
(a) As a felony, conspirators do not need to actually commit treason, rebellion, insurrection, etc.,
it being sufficient that two or more persons agree and decide to commit it.
(b) As a manner of incurring criminal liability, if they commit treason, rebellion, etc., they will be
held liable for it, and the conspiracy which they had before committing the crime is only a
manner of incurring criminal liability, not a separate offense.
General rule: WHEN THE CONSPIRACY IS ESTABLISHED, ALL WHO PARTICIPATED THEREIN,
IRRESPECTIVE OF THE QUANTITY OR QUALITY OF HIS PARTICIPATION IS LIABLE EQUALLY, WHETHER
CONSPIRACY IS PRE-PLANNED OR INSTANTANEOUS.
Exception: Unless one or some of the conspirators committed some other crime which is not part
of the conspiracy.
Exception to the Exception: When the act constitutes a “SINGLE INDIVISIBLE OFFENSE.”
Doctrine of Implied Conspiracy

Conspiracy may be inferred if it is proven that two or more persons aimed their acts towards the
accomplishment of the same unlawful objective, each doing a part so that their acts although
apparently independent were in fact connected and cooperative, thus indicating a closeness
of personal association and a concurrence of sentiment.
PROPOSAL TO COMMIT A FELONY - when the person who has decided to commit a felony
proposes its execution to some other person or persons. [Art. 8, RPC]
Requisites: (1) That a person has decided to commit a felony; and (2) That he proposes its
execution to some other person or persons.
There is no criminal proposal when: (1) The person who proposes is not determined to commit
the felony; (2) There is no decided, concrete and formal proposal; (3) It is not the execution of a
felony that is proposed.
Note: It is not necessary that the person to whom the proposal is made agrees to commit
treason or rebellion etc., what constitute the felony is the making of the proposal.
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

JUSTIFYING EXEMPTING MITIGATING AGGRAVATING ALTERNATIVE

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NO WRONG THERE IS A THERE IS A THERE IS A THERE IS A

WRONG FELONY FELONY FELONY
No criminal No criminal Decreased Increased Increased or

liability liability criminal liability criminal liability decreased
liability
No civil liability With civil liability With civil liability With civil liability With civil liability
Except:  state Except:
of necessity accident;
insuperable
cause
Imputability – is the quality by which an act may be ascribed to a person as its author or owner.
It implies that the act committed has been freely and consciously done and may, therefore, be
put down to the doer as his very own
Responsibility – is the obligation of suffering the consequences of crime. It is the obligation of
taking the penal and civil consequences of the crime.
Imputability distinguished from responsibility – while imputability implies that a deed may be
imputed to a person, responsibility implies that the person must take the consequences of such a
deed.
Guilt – is an element of responsibility, for a man cannot be made to answer for the
consequences of a crime unless he is guilty.
JUSTIFYING CIRCUMSTANCES
SIX TYPES of Justifying Circumstances: (1) Self-defense (2) Defense of relatives (3) Defense of
strangers (4) Avoidance of a greater evil (5) Fulfillment of duty (6) Obedience to an order issued
for some lawful purpose.
Justifying Circumstances – 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, Art. 11, where the civil liability is borne
by the persons benefited by the act.
Basis: Lack of criminal intent
Note: It is an affirmative defense. Hence, the burden of proof is on the accused who must prove
it by clear and convincing evidence. There is both no crime and no criminal.
Par. 1. SELF DEFENSE
Includes not only the defense of the person or body of the one assaulted but also that of his
rights, the enjoyment of which is protected by law. It includes:

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(a) The defense of honor. Hence, a slap on the face is considered as unlawful aggression
since the face represents a person and his dignity. (Rugas vs, People)
(b) The defense of property rights can be invoked if there is an attack upon the property
although it is not coupled with an attack upon the person of the owner of the premises.
All the elements for justification must however be present. (People v. Narvaez)
Elements: (URL) (1) Unlawful aggression (2) Reasonable necessity of means employed to
prevent or repel it. (3) Lack of sufficient provocation on the part of the person defending
himself.
1. Unlawful aggression
(a) Equivalent to an actual physical assault; OR threatened assault of an immediate and
imminent kind which is offensive and positively strong, showing the wrongful intent to
cause harm.
(b) The aggression must constitute a violation of the law. When the aggression ceased to
exist, there is no longer a necessity to defend one’s self.
Note: No unlawful aggression when there was an agreement to fight and the challenge to fight
was accepted. BUT aggression which is ahead of an agreed time or place is unlawful
aggression.
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.
UNLAWFUL AGGRESSION IS OF TWO KINDS:

(a) ACTUAL OR MATERIAL UNLAWFUL AGGRESSION; and (b) IMMINENT UNLAWFUL AGGRESSION.
ACTUAL OR MATERIAL UNLAWFUL AGGRESSION means an attack with physical force or with a
weapon, an offensive act that positively determines the intent of the aggressor to cause the
injury. IMMINENT UNLAWFUL AGGRESSION means an attack that is impending or at the point of
happening; it must not be a mere threatening attitude, but must be offensive and positively
strong (like aiming a revolver at another with intent to shoot or opening a knife and making a
motion as if to attack). Imminent unlawful aggression must not be a mere threatening attitude of
the victim, such as pressing his right hand to his hip where a revolver was holstered,
accompanied by an angry countenance, or like aiming to throw a pot.
2. Reasonable necessity of means employed to prevent or repel it

Note: Perfect equality between the weapons used is not required; neither is the material
commensurability between the means attack and defense. Rational equivalence is enough.
3. Lack of sufficient provocation on part of the person defending himself
Note: Subject of self-defense:

a. Defense of person
b. Defense of Rights
c. Defense of Property
d. Defense of Honor

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(a) Defense of Honor

Case: (1)People v. Dela Cruz (1935):
Accused was found guilty of homicide for stabbing and killing Rivera. Prosecution
claimed that Dela Cruz and Rivera had a relationship and that the accused was madly in love
with the deceased and was extremely jealous of another woman with whom Rivera also had a
relationship. Dela Cruz claimed, on the other hand, that on her way home one evening, Rivera
followed her, embraced and kissed her and touched her private parts. She didn’t know that it
was Rivera and that she was unable to resist the strength of Rivera so she got a knife from her
pocket and stabbed him in defense of her honor.
Held: She is justified in using the pocketknife in repelling what she believed to be an attack upon
her honor. It was a dark night and she could not have identified Rivera. There being no other
means of self-defense.
(2)People v. Jaurigue (1946):Amado (deceased) has been courting the accused Avelina
in vain. On the day of the crime, Avelina and Amado were in Church. Amado sat beside
Avelina and placed his hand on her thigh. Thereafter, Avelina took out her knife and stabbed
Amado in the neck, causing the death of Amado.
Held: Although the defense of one’s honor exempts one from criminal liability, it must be proved
that there is actual danger of being raped. In this case, 1) the church was well-lit, 2) there were
several people in the church, including the father of the accused and other town officials. In
light of these circumstances, accused could not have possibly been raped. The means
employed in defense of her honor was evidently excessive.
(b) Defense of Property

Case: PEOPLE VS. APOLINAR.
This can only be invoked as justifying circumstance if (1) Life and limb of the person making the defense is also the
subject of unlawful aggression (2) Life cannot be equal to property.
People v. Narvaez (1983):

Narvaez was taking his rest inside his house when he heard that the wall of his house was being chiseled. He saw
that Fleischer and Rubia, were fencing the land of the father of the deceased Fleischer. He asked the group to stop
but they refused. The accused got mad so he got his shotgun and shot Fleischer. Rubia ran towards the jeep and
knowing there is a gun on the jeep, the accused fired at Rubia as well. Narvaez claimed he acted in defense of his
person and rights.
Held: There was aggression by the deceased not on the person of the accused but on his property rights when
Fleischer angrily ordered the continuance of the fencing. The third element of self-defense is also present because
there was no sufficient provocation on the part of Narvaez since he was sleeping when the deceased where
fencing. However, the second element was lacking. Shooting the victims from the window of his house is
disproportionate to the physical aggression by the victims. Thus, there is incomplete self-defense.
Par. 2. DEFENSE OF RELATIVES

Elements:
(1) Unlawful aggression
(a) Unlawful aggression may not exist as a matter of fact; it can be made to depend
upon the honest belief of the one making the defense . (b) Reason: The law
acknowledges the possibility that a relative, by virtue of blood, will instinctively come
to the aid of their relatives.
(2) Reasonable necessity of means employed to prevent or repel it

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(3) In case the provocation was given by the person attacked, the one making the
defense had no part therein
Basis: It is found not only upon a humanitarian sentiment, but also upon the impulse of
blood which impels men to rush, on the occasion of great perils, to the rescue of those
close to them by ties of blood.
Relatives entitled to defense: (SAD-BroSAC)(1) Spouse (2) Ascendants (3) Descendants

(4) Legitimate, natural or adopted Brothers/Sisters (5) Relatives by Affinity in the same
degree(6) Relatives by Consanguinity w/in the 4th civil degree
Notes:
a. The fact that the relative defended gave provocation is IMMATERIAL.
b. There is no distinction in the RPC whether the descendant should be legitimate or not,
when the law does not distinguish the courts cannot distinguish.
Par. 3. DEFENSE OF STRANGERS

Elements:
(1) Unlawful aggression;
(2) Reasonable necessity of the means employed to prevent or repel it;
(3) THE PERSON DEFENDING WAS NOT INDUCED BY REVENGE, RESENTMENT OR OTHER EVIL
MOTIVE.
Stranger –any person not included in the enumeration of relatives under [par. 2 of Art. 11]
If the person being defended is a second cousin, it will be defense of stranger.
Basis: What one may do in his defense, another may do for him. The ordinary man would
not stand idly by and see his companion killed without attempting to save his life.
Par. 4. AVOIDANCE OF A GREATER EVIL

Elements:
(1) Evil sought to be avoided ACTUALLY EXISTS
Note: The evil or injury sought to be avoided must not have been produced by the
one invoking the justifying circumstances.
(2) Injury feared be greater than that done to avoid it
(3) There is no other practical & less harmful means of preventing it.
General rule: No civil liability in justifying circumstances because there is no crime.

Exception: There is CIVIL LIABILITY under this paragraph. Persons benefited shall be liable in
proportion to the benefit which they have received
Note:
Art. 11, par. 4 – offender DELIBERATELY CAUSED DAMAGE, while Art. 12, par. 4, offender
accidentally cause damage.
In the former, the offender is civilly liable, while in the latter, there is no civil liablility.
Par. 5. FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE

Elements:

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(1) Offender acted in performance of duty or lawful exercise of a right or office;

(2) THAT THE INJURY CAUSED OR THE OFFENSE COMMITTED BE THE NECESSARY CONSEQUENCE
OF THE DUE PERFORMANCE OF DUTY OR THE LAWFUL EXERCISE OF SUCH RIGHT OR OFFICE.
Note: If the first condition is present, but the second is not because the offender acted
with culpa, the offender will be entitled to a privileged mitigating circumstance. The
penalty would be reduced by one or two degrees.
Par. 6. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE

Elements:
(1) Order must have been issued by a superior
(2) The order is for some lawful purpose
(3) The means used to carry it out must be lawful.
Note: A subordinate is not liable for carrying out an illegal order of his superior if he is not
aware of the illegality of the order and he is not negligent.
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (RA 9262)
Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to
be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-
defense under the Revised Penal Code.
JUSTIFYING VS. EXEMPTING CIRCUMSTANCE

Justifying Circumstance Exempting Circumstance
It affects the act, not the actor. It affects the actor, not the act.
The act is considered to have been done The act complained of is actually
within the bounds of law; hence, wrongful, but the actor is not liable.
legitimate and lawful in the eyes of the
law.
Since the act is considered lawful, there is Since the act complained of is actually
no liability. wrong, there is a crime but since the actor
acted without voluntariness, there is no
dolo or culpa.
There is no criminal or civil liability except There is a crime, although there is no

Art. 11 par. 4 criminal, so there is civil liability (Except:
Art. 12, par. 4 and 7 where there is no civil
liability.

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EXEMPTING CIRCUMSTANCES
SIX TYPES of Exempting Circumstances:
(1) Imbecility/Insanity (2) Minority (3) Accident (4) Compulsion of irresistible force (5) Impulse
of uncontrollable fear (6) Insuperable or lawful cause
Exempting circumstances or the Circumstances for Non-imputability – those grounds for
exemption from punishment because there is wanting in the agent of the crime any of the
conditions which make the act voluntary or negligent.
Basis: The reason for the exemption lies on the complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence on the part of the accused.
⮚ There is crime but NO criminal
⮚ The burden of proof to prove the existence of an EC lies with the defense.
Par. 1. INSANITY OR IMBECILITY

Basis: Complete absence of intelligence
Imbecile - One who, while advanced in age, has a mental development comparable to that of
a child between 2 and 7 years of age. Exempt in all cases from criminal liability
Insane - Exist when there is a complete deprivation of intelligence in committing the act but
capable of having lucid intervals.
(a) During a lucid interval, the insane acts with intelligence and thus, is not exempt from
criminal liability.
(b) Insanity is a defense in the nature of confession and avoidance and must be proved
beyond reasonable doubt.
Note:
(1) An insane is not so exempt if it can be shown that he acted during a lucid interval. But
an imbecile is exempt in all cases from criminal liability.
(2) Feeblemindedness is not exempting but can be considered as mitigating.
(3) TEST of INSANITY:
(a) Test of COGNITION – Complete deprivation of intelligence in committing the crime;
(b) Test of VOLITION- total deprivation of freedom of will.
In the Philippines, both tests are applied.
(4) THE DEFENSE MUST PROVE THAT THE ACCUSED WAS INSANE AT THE TIME OF THE
COMMISSION OF THE CRIME BECAUSE THE PRESUMPTION IS ALWAYS IN FAVOR OF SANITY.
Cases covered under this article:

(1) Dementia praecox Note: Cited in OLD cases, but is a term no longer used by
mental health practitioners
(2) Kleptomania: if found by a competent psychiatrist as irresistible
(3) Epilepsy
(4) Somnambulism: sleep-walking (People vs. Taneo)
(5) Malignant malaria: which affects the nervous system

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Juridical Effects of Insanity:

(1) If present at the time of the commission of the crime – EXEMPT from liability.
(2) If present during trial – proceedings will be SUSPENDED and accused is committed
to a hospital.
(3) After judgment or while serving sentence – Execution of judgment is SUSPENDED,
the accused is committed to a hospital. THE PERIOD OF CONFINEMENT IN THE
HOSPITAL IS COUNTED FOR THE PURPOSE OF THE PRESCRIPTION OF THE PENALTY.
Par. 2.& 3. MINORITY (SUPERSEDED BY RA 9344)

IN DETERMINING AGE FOR PURPOSES OF EXEMPTION FROM CRIMINAL LIABILITY, SECTION 6
CLEARLY REFERS TO THE AGE AS DETERMINED BY THE ANNIVERSARY OF ONE’S BIRTH DATE, AND
NOT THE MENTAL AGE OF THE ACCUSED. (Pp vs Aguiluz, June 14, 2014)
JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A. 9344); ALSO REFER TO CHILD AND YOUTH
WELFARE CODE (P.D. 603, AS AMENDED)
What is the Juvenile Justice and Welfare System?
"Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children
in conflict with the law, which provides child appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, reintegration and aftercare to ensure their
normal growth and development.
Definition of child in conflict with the law

Sec. 4 (e), RA 9344."Child in conflict with the law" – a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.
Sec. 6, RA 9344. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or
under AT THE TIME OF THE COMMISSION OF THE OFFENSE shall be exempt from criminal liability.
However, the child shall be subjected to an intervention program pursuant to Section 20 of this
Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless he/she has
acted with discernment, in which case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.
The exemption from criminal liability herein established DOES NOT INCLUDE EXEMPTION FROM
CIVIL LIABILITY, which shall be enforced in accordance with existing laws.
Determination of Age [Sec. 7, RA 9344]

Presumption: Minority of child in conflict with the law. S/he shall enjoy all the rights of a
child in conflict with the law until s/he is proven to be 18 years old or older.
The age of a child may be determined from:
(1) The child’s birth certificate,
(2) Baptismal certificate, or
(3) Any other pertinent documents.
In the absence of these documents, age may be based on:

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(1) Information from the child himself/herself,

(2) Testimonies of other persons,
(3) The physical appearance of the child, and
(4) Other relevant evidence.
In case of doubt as to the child’s age, it shall be resolved in his/her favor.
Exemption from criminal liability

(1) 15 yrs old or below at the time of commission of offense: ABSOLUTELY EXEMPT from
criminal liability but subject to intervention program
(2) Over 15 yrs old but below 18: EXEMPT from criminal liability & subject to intervention
program. If acted w/ discernment subject to diversion program.
Summary of Rules:
⮚ If the judgement is for acquittal, the decision shall immediately take effect without
suspension and the decision shall be promulgated and pronounced.
⮚ If for conviction, the PROMULGATION OF THE DECISION AND THE SENTENCE shall be
SUSPENDED, the minor shall be ordered to undergo intervention, which shall have the
following effects:
a. If after the intervention, there is reform on the part of the minor, the minor shall be
returned to the court to dismiss the criminal case and dismiss the charges against
the minor.
b. If there is no reform, the minor shall be returned to the court for the promulgation
of the decision against the minor, and then the court shall either decide on the
sentence or extend the intervention.
Note: Only when there is failure to reform or subjected to reformation can the child be
subjected to criminal prosecution.
Par.4.ACCIDENT OR WITHOUT FAULT OR INTENTION OF CAUSING IT

NOTE: Under Article 12, paragraph 4, the offender is exempt not only from criminal but also
from civil liability.
Elements:
(1) A person is performing a lawful act;
(2) With due care;
(3) He causes an injury to another by mere accident;
(4) Without fault or intention of causing it.
Par.5. A PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTIBLE FORCE

Elements:
(1) That the compulsion is by means of physical force;
(2) That the physical force must be irresistible;
(3) That the PHYSICAL FORCE MUST COME FROM A THIRD PERSON.

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To be exempt from criminal liability, a person invoking irresistible force must show that THE
FORCE EXERTED WAS SUCH THAT IT REDUCED HIM TO A MERE INSTRUMENT who acted not
only without will but against his will.
Basis: Complete absence of freedom.
Par.6.UNCONTROLLABLE FEAR
Elements:
(1) The evil feared must be greater or at least equal to the damage caused;
(2) That it promises an evil of such gravity that the ORDINARY MAN WOULD HAVE
SUCCUMBED TO IT.
NOTE: The person who used the force or created the fear is criminally and primarily civilly
liable, but the accused who performed the act involuntarily and under duress is
secondarily liable. (Art. 101)
Basis: Complete absence of freedom
IRRESISTIBLE FORCE UNCONTROLLABLE FEAR
Offender uses violence or physical force Offender employs intimidation or threat in

to compel another person to commit a compelling another to commit a crime
crime
Must have been made directly to the The threat may be directed to a 3 rd person
upon the person of the accused e.g. the wife of the accused who was
kidnapped
The injury feared may be of a lesser The evil feared must be greater or at least
degree than the damage caused by the equal to the damage caused
accused
Par.7.INSUPERABLE OR LAWFUL CAUSES

A cause which has lawfully, morally or physically prevented a person to do what the law
commands.
Elements:
(1) That an act is required by law to be done;
(2) That a person fails to perform such act;
(3) That his failure to perform such act was due to some lawful or insuperable cause
Basis: Lack of intent.
Note: The accused is exempt both in criminal and civil liability.
ABSOLUTORY CAUSE
Absolutory Causes – those where the act committed is a crime but for REASONS OF PUBLIC
POLICY AND SENTIMENT there is no penalty imposed.

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Examples of absolutory causes:

a. (1) Instigation
Entrapment Instigation
Ways and means are resorted to for the purpose of The instigator practically induces the would-be
trapping and capturing the lawbreaker in the accused into the commission of the offense and
execution of his criminal plan himself becomes a co-principal.
The means rea or evil intent originate from the The mens rea or evil intent originated from thelaw
criminal. enforcer.
A person has planned or is about to commit a A public officer or a private detective induces an
crime and ways and means are resorted to by a innocent person to commit a crime and would
public officer to trap and catch the criminal. arrest him upon or after the commission of the
crime by the latter.
Not a bar to the prosecution and conviction of the The accused must be acquitted because the
lawbreaker. offender simply acts as a tool of the law enforcers
NOTE: IF THE ONE WHO MADE THE INSTIGATION IS A PRIVATE PERSON, NOT PERFORMING PUBLIC
FUNCTION, BOTH HE AND THE ONE INDUCED ARE CRIMINALLY LIABLE FOR THE CRIME COMMITTED:
THE FORMER, AS PRINCIPAL BY INDUCTION; AND THE LATTER, AS PRINCIPAL BY DIRECT
PARTICIPATION.
(2) Pardon
General rule: Pardon does not extinguish criminal action (Art 23).
Exception: Pardon by marriage between the accused and the offended party in cases
of SEDUCTION, ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS or if the offended party
shall have consented or pardoned the offenders in ADULTERY and CONCUBINAGE. (Art
344).
Other Absolutory Causes:

(a) Spontaneous desistance [Art. 6]
(b) Light felonies not consummated [Art. 7]
(c) Accessories who are exempt from criminal liability by reason of relationship (Art. 20)
and in light felonies
(d) Slight or less serious physical injuries inflicted under exceptional circumstances (Art.
247)
(e) Trespass to dwelling to prevent serious harm to self [Art. 280]
(f) Under Article 332, exemptions from criminal liability for cases of theft, swindling and
malicious mischief. There would only be civil liability.
(h) Under Article 219, discovering secrets through seizure of correspondence of the ward
by their guardian is not penalized.
(i) Ways on how criminal liability is extinguished under Art 89.

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MITIGATING CIRCUMSTANCES
-are those which, if present in the commission of the crime, do not entirely free the actor from
criminal liability, but serve only to reduce the penalty.
Note: Correlate Article 13 with Articles 63 and 64. Article 13 is meaningless without knowing the
rules of imposing penalties under Articles 63 and 64.
ORDINARY V. PRIVILEGED MITIGATING CIRCUMSTANCE

Ordinary MC Privileged MC
Subsections 2-10 of Art. 13 (RPC) Subsection 1 of Art. 13, Arts. 68, 69 and 64 of
RPC
Can be offset by any generic aggravating Cannot be offset by any aggravating

circumstance circumstance
If not offset by aggravating circumstance, The effect of imposing upon the offender the
produces the effect of applying the penalty penalty lower by one or two degrees than
provided by law for the crime in its min that provided by law for the crime.
period in case of divisible penalty.
Par. 1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCES

The circumstances of justification or exemption which may give place to mitigation, because
not all the requisites necessary to justify the act or to exempt from criminal liability in the
respective cases are attendant, are the following:
(1) Self-defense (Art. 11, par. 1)
(2) Defense of relatives (Art. 11, par. 2)
(3) Defense of strangers (Art. 11, par. 3)
(4) State of necessity (Art. 11, par. 4)
(5) Performance of duty (Art. 11, par. 5)
(6) Obedience to the order of superiors (Art. 11, par. 6)
(7) Minority over 15 years of age but below 18 years of age (Art. 12, par. 3)
(8) Causing injury by mere accident (Art. 12, par.4)
(9) Uncontrollable fear (Art. 12 par. 6)
INCOMPLETE JUSTIFYING CIRCUMSTANCES:

(a) Incomplete self-defense, defense of relatives, defense of stranger
In these 3 classes of defense, UNLAWFUL AGGRESSION must always be present.
Par. 1 of Art. 13 is applicable only when (1) unlawful aggression is present (2) but one or
both of the other 2 requisites are not present in any of the cases referred to in
circumstances number 1, 2 and 3 or Art. 11.

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Note: When two of the three requisites mentioned therein are present, the case must be considered as a
PRIVILEGED MITIGATING CIRCUMSTANCE referred to in Art. 69 of this Code. (Article 69 requires that a majority of
the conditions required must be present.)
(b) Incomplete justifying circumstance of avoidance of greater evil or injury

Requisites under par. 4 of Art. 11:
(1) That the evil sought to be avoided actually exists;
(2) That the injury feared be greater than that done to avoid it;
(3) That there be no other practical and less harmful means of preventing it.
Note: Avoidance of greater evil or injury is a justifying circumstance if all the three requisites mentioned in par. 4
of Art. 11 are present. But if any of the last two requisites is lacking, there is only a mitigating circumstance. The
first element is indispensable.
(c) Incomplete justifying circumstance of performance of duty

Requisites under par.5, Art. 11:
(1) That the accused acted in the performance of a duty or in the lawful exercise of a
right or office; and
(2) That the injury caused or offense committed be the necessary consequence of the
due performance of such duty or the lawful exercise of such right or office.
INCOMPLETE EXEMPTING CIRCUMSTANCES:

(a) Incomplete exempting circumstance of Accident
(1) A person is performing a lawful act
(2) With due care
(3) He causes an injury to another by mere accident
(4) Without fault or intention of causing it
Note: There is NO SUCH MITIGATING CIRCUMSTANCE because:
(1) If the 2nd requisite and 1st part of the 4th requisite are absent, the case will fall under Art.
365 which punishes reckless imprudence.
(2) If the 1st requisite and 2nd part of the 4th requisite are absent, it will be an intentional
felony (Art. 4, par. 1).
(b) Incomplete exempting circumstance of uncontrollable fear.

(1) That the threat which caused the fear was of an evil greater than, or at least equal to,
that which he was required to commit;
(2) That it promised an evil of such gravity and imminence that an ordinary person would
have succumbed to it.
Note: If only one of these requisites is present, there is only a mitigating circumstance
Par. 2. UNDER 18 OR OVER 70 YEARS OF AGE

(a) In lowering the penalty: Based on age of the offender at the time of the commission
of the crime not the age when sentence is imposed

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(b) In suspension of the sentence: Based on age of the offender (under 18) at the time
the sentence is to be promulgated (See Art. 80, RPC)
(c) Par. 2 contemplates the ff:
(i) An offender fifteen or over but under 18 years of age ACTED WITH DISCERNMENT.
(ii) An offender over 70 years old
a. 15 years or over but under 18, acted without discernment- exempting

b. 15 years and below- Exempting
c. Acted with discernment- privilege mitigating
d. Minority can never be ordinary mitigating.
Legal effects of various ages of offenders:

(1) 15 and below - EXEMPTING
(2) Above 15 but under 18 years of age, also an EXEMPTING CIRCUMSTANCE, UNLESS HE
ACTED WITH DISCERNMENT. (Art. 12, par. 2 as amended by RA 9344).
(3) Minor delinquent under 18 years of age who acted with discernment, THE SENTENCE
MAY BE SUSPENDED. (Art. 192, PD No. 603 as amended by PD 1179)
> Child in conflict with the law- refers to the child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine law.
(4) 18 years or over, full criminal responsibility.
(5) 70 years or over – mitigating, no imposition of death penalty; if already imposed.
Execution of death penalty is suspended and commuted.
Par. 3. NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER INTENTIONEM)

Note:
(1) There must be a NOTORIOUS DISPARITY between the means employed by the offender
and the resulting harm.
(2) This circumstance does not apply when the crime results from criminal negligence or
culpa.
(3) Only applicable to offense resulting in death, physical injuries, or material harm
(including property damage).
(4) It is not applicable to defamation or slander.
(5) Lack of intent to commit so grave a wrong is not appreciated where the offense
committed is characterized by treachery.
Par. 4. SUFFICIENT PROVOCATION OR THREAT

Provocation- any unjust or improper conduct or act of the offended party, capable of
exciting, inciting or irritating anyone.
Elements:
(1) That the provocation must be sufficient
(2) That it must originate from the offended party
(3) That the provocation must be immediate to the act

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Note:
(1) Between the provocation by the offended party and the commission of the crime,
there should not be any interval in time. Reason: WHEN THERE IS AN INTERVAL OF TIME
BETWEEN THE PROVOCATION AND THE COMMISSION OF THE CRIME, THE PERPETRATOR
HAS TIME TO REGAIN HIS REASON.
(2) The liability of the accused is mitigated only insofar as it concerns the harm inflicted
upon the person who made the provocation, but not with regard to the other victims
who did not participate in the provocation.
Par. 5. IMMEDIATE VINDICATION OF A GRAVE OFFENSE

Elements:
(1) That there be a grave offense done to the one committing the felony, his spouse,
ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives
by affinity within the same degree.
(2) That the felony is committed in vindication of such grave offense.
> A lapse of time is allowed between the vindication and the doing of the grave offense.
> THE VINDICATION NEED NOT BE DONE BY THE PERSON UPON WHOM THE GRAVE OFFENSE
WAS COMMITTED
Note:
(1) “immediate allows for a lapse of time as long as the offender is still suffering from the mental
agony brought about by the offense.
Par. 6. THAT OF HAVING ACTED UPON AN IMPULSE SO POWERFUL AS NATURALLY TO HAVE

PRODUCED PASSION OR OBFUSCATION (ARREBATO Y OBCECACION)
Requisites:
(1) The accused acted upon an impulse
(2) The impulse must be so powerful that it naturally produces passion or obfuscation in him.
(3) That there be an act, both unlawful and sufficient to produce such condition of mind; and
(4) That said act which produced the obfuscation was not far removed from the commission
of the crime by a considerable length of time, DURING WHICH THE PERPETRATOR MIGHT
RECOVER HIS NORMAL EQUANIMITY. [People v. Alanguilang]
Note:
a.) Passion or obfuscation must arise from lawful sentiments.
b.) Passion or obfuscation not applicable when:
(1) The act committed in a spirit of LAWLESSNESS.
(2) The act is committed in a spirit of REVENGE.
c.) The mitigating circumstance of obfuscation arising from jealousy cannot be invoked
in favor of the accused whose relationship with the woman was illegitimate.
d.) The act causing such obfuscation must be committed by the victim himself.
e.) The act of the offended party must be unlawful or unjust. Exercise of a right or
fulfillment of duty is not a proper source of passion and obfuscation.
Par. 7. VOLUNTARY SURRENDER AND CONFESSION OF GUILT

Two Mitigating Circumstances under This Paragraph:

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(1) Voluntary surrender to a person in authority or his agents;

(2) Voluntary confession of guilt before the court prior to the presentation of evidence for the
prosecution.
⮚ Whether or not a warrant of arrest had been issued is immaterial and irrelevant.
⮚ If both are present, there will be two independent ordinary mitigating circumstances.
VOLUNTARY SURRENDER; Requisites:

(1) That the offender had not been actually arrested
(2) That the offender surrendered himself to a person in authority or to the latter’s
agent
(3) That the surrender was voluntary.
⮚ Person in authority- one directly vested with jurisdiction which is the power to govern
and execute the laws whether as an individual or as a member of some court or
governmental corporation, board or commission. A barrio captain and a barangay
chairman are also persons in authority. (Art. 152, RPC, as amended by PD No. 299).
⮚ Agent of a person in authority- one who, BY DIRECT PROVISION OF THE 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 AND ANY PERSON WHO COMES TO THE AID OF PERSONS IN AUTHORITY.
Note: For voluntary surrender to be appreciated, the surrender must be SPONTANEOUS

AND VOLUNTARY, made in such a manner that it shows the interest of the accused to
surrender unconditionally to the authorities, either because (1) he acknowledges his guilt
or (2) wishes to save them the trouble and expenses that would be necessarily incurred in
his search and capture.
It is still mitigating even if there is already warrant of arrest but the server has not yet gone
out to serve the warrant.
CONFFESSION OF GUILT; Requisites:

(1) That the offender spontaneously And UNCONDITIONALLY confessed his guilt.
(2) That the confession of guilt was MADE IN OPEN COURT, that is, before the competent
court that is to try the case; and
> The extrajudicial confession made by the accused is not voluntary confession
because it was made outside the court.
(3) That the confession of guilt was made prior to the presentation of evidence for the
prosecution.
Notes:
(a) A conditional plea of guilty is NOT mitigating.
(b) Plea of guilt on appeal is NOT mitigating.
(c) WITHDRAWAL OF PLEA OF NOT GUILTY BEFORE PRESENTATION OF EVIDENCE BY
PROSECUTION IS STILL MITIGATING. ALL THAT THE LAW REQUIRES IS VOLUNTARY PLEA
OF GUILTY PRIOR TO THE PRESENTATION OF THE EVIDENCE BY THE PROSECUTION.

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(f) A plea of guilty on an amended information will be considered as an attenuating

circumstance if no evidence was presented in connection with the charges made
therein. Thus, MC (People v. Ortiz)
(f) Plea of guilty is NOT mitigating in culpable felonies and in crimes punishable by
special laws.
Par. 8. THAT THE OFFENDER IS DEAF AND DUMB, BLIND OR OTHERWISE SUFFERING SOME PHYSICAL
DEFECT WHICH THUS RESTRICTS HIS MEANS OF ACTION, DEFENSE, OR COMMUNICATIONS WITH HIS
FELLOW BEINGS
Notes:
(a) WHERE THE OFFENDER IS DEAF AND DUMB, PERSONAL PROPERTY WAS ENTRUSTED TO
HIM AND HE MISAPPROPRIATED THE SAME. THE CRIME COMMITTED WAS ESTAFA. THE
FACT THAT HE WAS DEAF AND DUMB IS NOT MITIGATING SINCE THAT DOES NOT BEAR
ANY RELATION TO THE CRIME COMMITTED.
(b) If a person is deaf and dumb and he has been slandered, he cannot talk so what he
did was he got a piece of wood and struck the fellow on the head. The crime
committed was physical injuries. The Supreme Court held that being a deaf and
dumb is mitigating because the only way is to use his force because he cannot strike
back in any other way.
Basis: Diminution of freedom of action, therefore diminution of voluntariness.
Par. 9. SUCH ILLNESS OF THE OFFENDER AS WOULD DIMINISH THE EXERCISE OF THE WILL-POWER OF
THE OFFENDER WITHOUT HOWEVER DEPRIVING HIM OF THE CONSCIOUSNESS OF HIS ACTS.
Elements:
(1) That the illness of the offender must diminish the exercise of his will-power
(2) That such illness should not deprive the offender of consciousness of his acts.
Notes: When the offender completely lost the exercise of will-power, it may be an
exempting circumstance.
Basis: Diminution of intelligence and intent.
Par. 10. ANALOGOUS MITIGATING CIRCUMSTANCES

(1) THE ACT OF THE OFFENDER OF LEADING THE LAW ENFORCERS TO THE PLACE WHERE HE BURIED
THE INSTRUMENT OF THE CRIME HAS BEEN CONSIDERED AS EQUIVALENT TO VOLUNTARY
SURRENDER.
(2) STEALING BY A PERSON WHO IS DRIVEN TO DO SO OUT OF EXTREME POVERTY IS CONSIDERED
AS ANALOGOUS TO INCOMPLETE STATE OF NECESSITY.
Note: Extreme poverty applies to crime against PROPERTY but not of violence, such as
murder.
(3) Over 60 years old with failing sight, similar to over 70 years of age mentioned in par. 2.
(4) Voluntary restitution of stolen goods similar to voluntary surrender (People v. Luntao).
(5) Impulse of jealous feelings, similar to passion and obfuscation. (People v. Libria).
(6) Testifying for the prosecution, without previous discharge, analogous to a plea of guilty.

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(7) Outraged feeling of unpaid creditor as akin to vindication or obfuscation.

(8) Appeal to the espirit de corps of the accused, as analogous to passion.
(9) Voluntary return of funds malversed by the accused, as equivalent to voluntary surrender.
(10) Testifying for the prosecution without being discharged from the information, as being like a
plea of guilty.
AGGRAVATING CIRCUMSTANCES
Aggravating Circumstances – are those circumstances which raise the penalty for a crime in its
maximum period provided by law applicable to that crime or change the nature of the crime.
Note: The list in this Article is EXCLUSIVE – there are no analogous aggravating circumstances.
(a) THE AGGRAVATING CIRCUMSTANCES MUST BE ESTABLISHED WITH MORAL CERTAINTY, with the
same degree of proof required to establish the crime itself.
(b) According to the Revised Rules of Criminal Procedure, BOTH generic and qualifying
aggravating circumstances must be alleged in the Information in order to be considered
by the Court in imposing the sentence. (Rule 110, Sec. 9)
Justifying, exempting and mitigating circumstances is NOT required to be alleged in the

information because these are matters of defense. But Aggravating and qualifying
circumstances is required to be alleged in the information.
KINDS
(1) GENERIC – Those that can generally apply to all crimes.
a. Advantage be taken of public position
b. Contempt or insult of public authority
c. Crime committed in the dwelling of the offended party
d. Abuse of confidence or obvious ungratefulness
e. Place where the crime is committed
f. Nightime, uninhabited place, or band
g. Recidivism
h. Habituality
i. Craft, fraud, or disguise
j. Unlawful entry
k. Breaking parts of the house
l. Use of persons under 15 years of age
Note: A generic aggravating circumstance may be offset by a generic mitigating
circumstance.
(2) SPECIFIC – Those that apply only to particular crimes.

a. Ignominy in crimes against chastity
b. Cruelty and treachery in crimes against persons
c. Disregard of rank, age, sex due to offended party in crimes against person or honor
d. Abuse of superior strength or means be employed to weaken the defense

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(3) QUALIFYING –Those that change the nature of the crime.

Art. 248 enumerate the qualifying AC which qualifies the killing of person to murder.
Note: If two or more possible qualifying circumstances were alleged and proven, only one would
qualify the offense and the others would be generic aggravating.
(4) INHERENT – Those that must accompany the commission of the crime and is therefore not
considered in increasing the penalty to be imposed such as
a. Evident premeditation in theft, robbery, estafa, adultery and concubinage.
b. Abuse of public office in bribery
c. Breaking of a wall or unlawful entry into a house in robbery with use of force upon things
d. Fraud in estafa
e. Deceit in simple seduction
f. Ignominy in rape
(5) SPECIAL – Those which arise under special conditions to increase the penalty of the offense
IMPOSED BY LAW and cannot be offset by mitigating circumstances.
a) quasi-recidivism (Art. 160)
b) complex crimes (Art. 48)
c) error in personae (Art. 49)
d) taking advantage of public position and membership in an organized/syndicated
crime group (Art. 62)
e) use of unlicensed firearm in homicide and murder
Aggravating circumstances which do not have the effect of increasing the penalty:
(1) Aggravating circumstances which in themselves constitute a crime especially punishable by law.
Ex. That the crime be committed by means of fire or explosion is in itself a crime of arson (Art. 321)
(2) Aggravating circumstances which are included by the law in defining a crime and prescribing the
penalty therefore shall not be taken into account for the purpose of increasing the penalty. (Art. 62,
par. 1).
(3) The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a
degree that it must of necessity accompany the commission thereof. (Art. 62, par. 2).
Ex. Evident premeditation is inherent in theft, robbery, estafa, adultery and concubinage
21 AGGRAVATING CIRCUMSTANCES under Art. 14:

(1) Taking Advantage of Public Office
(2) In Contempt of or With Insult to Public Authorities
(3) With Insult or Lack of Regard Due to Offended Party by Reason of Rank, Age or Sex
(4) Abuse Of Confidence and Obvious Ungratefulness
(5) Crime In Palace or In Presence of The Chief Executive
(6) Nighttime; Uninhabited Place; With A Band
(7) On Occasion of a Calamity
(8) Aid Of Armed Men or Means to Ensure Impunity
(9) Recidivism
(10) Reiteration or Habituality

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(11) Price, Reward or Promise

(12) Inundation, Fire, Poison
(13) Evident Premeditation
(14) Craft, Fraud or Disguise
(15) Superior Strength or Means to Weaken Defense
(16) Treachery
(17) Ignominy
(18) Unlawful Entry
(19) Breaking Wall, Floor, Roof
(20) With Aid of Persons Under 15, By Motor Vehicle
(21) Cruelty
Par. 1. THAT ADVANTAGE BE TAKEN BY THE OFFENDER OF HIS PUBLIC POSITION

Notes:
(1) This is applicable only if the offender is a public officer.
(2) When a public officer
(a) commits a common crime independent of his official functions and
(b) does acts that are not connected with the duties of his office,
(c) he should be punished as a private individual without this aggravating circumstance.
(3) The circumstance cannot be taken into consideration in offenses where taking
advantage of official position is made by law an integral element of the crime.
Ex. malversation (Art. 217); falsification of public documents under Art. 171
(4) Taking advantage of public position is also inherent in the following cases: (a) Accessories
under Art. 19, par. 3 (harboring, concealing or assisting in the escape of the principal of
the crime); and (b) Title VII of Book Two of the RPC (Crimes committed by public officers).
Par. 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 THE PUBLIC AUTHORITY 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.
Public Authority / Person in Authority – is a person directly vested with jurisdiction, that is, a
public officer who has the power to govern and execute the laws. The councilor, mayor,
governor, barangay captain, barangay chairman etc. are persons in authority. (Art. 152,
as amended by P.D. 1232)
Notes:
(a) People vs. Taoan: Teachers, professors, supervisors of public and duly
recognized private schools, colleges and universities, as well as lawyers are
persons in authority for purposes of direct assault and simple resistance, but
not for purposes of aggravating circumstances in paragraph 2, Article 14.

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(b) Par. 2 is not applicable if committed in the presence of an agent only, such as
a police officer.
Agent - A subordinate public officer charged with the maintenance of public order and
the protection and security of life and property, such as barrio policemen, councilmen,
and any person who comes to the aid of persons in authority. (Art. 152, as amended by
BP 873).
Notes:
(a) Knowledge that a public authority is present is essential.
> Lack of such knowledge indicates lack of intention to insult public authority.
(b) If crime is committed against the public authority while in the performance of his duty ,
the offender commits direct assault without this aggravating circumstance because in
contempt of or insult to public authority is inherent in the cime of direct assault
Par. 3. THAT THE ACT BE COMMITTED WITH INSULT OR IN DISREGARD OF THE RESPECT DUE 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.
Notes:
(a) Four circumstances are enumerated in this paragraph, which can be considered singly or
together.
(b) If all the 4 circumstances are present, they have the weight of one aggravating
circumstance only.
(c) There must be evidence that in the commission of the crime, the accused deliberately
intended to offend or insult the sex or age of the offended party. (People v. Mangsat)
(d) Disregard of rank, age or sex may be taken into account only in crimes against persons
or honor.
(a) Rank of the offended party
(b) Age of the offended party

May refer to old age or tender age of the victim.
(c) Sex of the offended party

(1) This refers to the female sex, not to the male sex.
(2) The aggravating circumstance is NOT to be considered in the following cases:
(a) When the offender acted with passion and obfuscation. (People v. Ibanez)
(b) When there exists a relationship between the offended party and the offender.
(c) When the condition of being a woman is indispensable in the commission of the
crime. Thus, in rape, abduction, or seduction, sex is not aggravating. (People v.
Lopez)
(d) Dwelling
Notes:

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(1) Must be a building or structure, exclusively used for rest and comfort. Thus, in the case
of People v. Magnaye, a “combination of a house and a store”, or a market stall
where the victim slept is not a dwelling.
>it includes dependencies, the foot of the staircase and enclosure under the house.
(2) What aggravates the commission of the crime in one’s dwelling:
(1) 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.
Dwelling need not be owned by the offended party.

1. The victim was raped in the boarding house where she was a bedspacer.
2. The victims were raped in paternal home where they were guests at that time
3. The victims, while sleeping as guests in the house of another person, were shot to
death.
When dwelling is not aggravating:

1. When the offender and the offended party are occupants of the same house.
Except: In case of adultery in the conjugal dwelling. However, if the paramour also
dwells in the conjugal home, the applicable aggravating circumstance is abuse of
confidence.
2. When robbery is committed by the use of force upon things, dwelling is not
aggravating because it is inherent.
BUT AC in robbery with violence against or intimidation of persons because this class
of robbery can be committed without the necessity of trespassing the sanctity of the
offended party’s house.
3. IN THE CRIME OF TRESPASS TO DWELLING. IT IS INHERENT OR INCLUDED BY LAW IN
DEFINING THE CRIME.
4. When the owner of the dwelling gave sufficient and immediate provocation.
5. The victim is not a dweller of the house.
Par. 4. THAT THE ACT BE COMMITTED WITH ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS
Note: Par. 4 provides two aggravating circumstances. If present in the same case, they must be
independently appreciated.
(a) 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.
Notes:
(a)The confidence between the offender and the offended party must be
immediate and personal.
(b) It is inherent in malversation (Art. 217), qualified theft (Art. 310), estafa by
conversion or misappropriation (Art. 315) and qualified seduction. (Art. 337).

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(b) 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.
Notes:
(a) In a case where the offender is a servant, the offended party is one of the members
of the family. The servant poisoned the child. It was held that abuse of confidence is
aggravating. This is only true, however, if the servant was still in the service of the
family when he did the killing. If he was driven by the master out of the house for
some time and he came back to poison the child, abuse of confidence will no
longer be aggravating. The reason is because that confidence has already been
terminated when the offender was driven out of the house.
Par. 5. THAT THE CRIME BE COMMITTED:

1. IN THE PALACE OF THE CHIEF EXECUTIVE OR
2. IN HIS PRESENCE, OR
3. WHERE PUBLIC AUTHORITIES ARE ENGAGED IN THE DISCHARGE OF THEIR DUTIES, OR
4. IN A PLACE DEDICATED TO RELIGIOUS WORSHIP
Notes:
(a) If it is the Malacañang Palace or a church it is aggravating regardless of whether
State or official or religious functions are being held.
(b) The President need not be in the palace.
(c) His presence alone in ANY place where the crime is committed is enough to
constitute the AC.
(d) It also applies even if he is not engaged in the discharge of his duties in the place
where the crime was committed.
(e) It must be dedicated to religious worship. Cemeteries are not places dedicated
for religious worship.
(f) Offender must have the intention to commit a crime when he entered the place.
(People v. Jaurigue)
(g) Except for the third which requires that official functions are being performed at
the time of the commission of the crime, the other places mentioned are
aggravating per se even if no official duties or acts of religious worship are being
conducted there.
(h) Electoral precinct during election day is a place “where public authorities are
engaged in the discharge of their duties.
Par. 6. THAT THE CRIME BE COMMITTED IN THE

(A) NIGHT TIME, OR
(B) IN AN UNINHABITED PLACE, OR
(C) BY A BAND, WHENEVER SUCH CIRCUMSTANCES MAY FACILITATE THE COMMISSION OF
THE OFFENSE.

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⮚ These 3 circumstances may be considered separately when their elements

are distinctly perceived and can subsist independently.
Requisites:
(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.
(a) NIGHTTIME
Notes:
⮚ The commission of the crime must begin and be accomplished in the nighttime
(after sunset and before sunrise).
⮚ The offender purposely took advantage of nighttime; or it facilitated the
commission of the offense.
⮚ When the place is illuminated by light, nighttime is not aggravating. Illumination
may come from moon, gasera or torch.
General Rule: Nighttime may be absorbed by treachery

Except: Where both the treacherous mode of attack and nocturnity were deliberately
decided upon in the same case, they can be considered separately if such
circumstances have different factual bases.
(B) UNINHABITED PLACE

Notes:
(a) It is determined not by the distance of the nearest house to the scene of the crime but
whether or not in the place of the commission of the offense, there was a reasonable
possibility of the victim receiving some help.
(b) It must appear that the solitude of the place where the crime was committed was sought
to better attain the criminal purpose.
(C) BAND (CUADRILLA)

Band - 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.
Requisites:
(1) There should be AT LEAST BE FOUR PERSONS
(2) At least 4 of them SHOULD BE ARMED
(3) and are PRINCIPALS BY DIRECT PARTICIPATION.
Notes:
(a) This aggravating circumstance is absorbed in the circumstance of abuse of superior
strength and use of firearms (except when the firearm is unlicensed).
(b) This is INHERENT in brigandage.
(c) The armed men must have acted together in the commission of the crime.
(d) “arm” may even refer to stone

Carlo C Rimas
(e) It is not applicable in crimes against chastity.

Basis: On the time and place of the commission of the crime and means and ways
employed.
Par. 7. THAT THE CRIME BE COMMITTED ON THE OCCASION OF A CONFLAGRATION, SHIPWRECK,

EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR MISFORTUNE
The rationale for this AC is the debased form of criminality of one who, in the midst of a great
calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage of
their misfortune and despoiling them.
Note: If the act committed is killing, this circumstance is considered not as generic but qualifying
circumstance, hence qualifies the homicide to murder.
Par. 8. THAT THE CRIME BE COMMITTED WITH THE AID OF ARMED MEN, OR PERSONS WHO INSURE
OR AFFORD IMPUNITY
Requisites:
(1) That the armed men or persons took part in the commission of the crime, directly or indirectly
(2) That the accused availed himself of their aid or relied upon them when the crime was
committed.
Not applicable –
(a) When both the attacking party and the party attacked were equally armed.
(b) When the accused as well as those who cooperated with him in the commission of
the crime acted under the same plan and for the same purpose.
Par. 6 By a band Par. 8 With aid of armed men
Requires more than 3 armed malefactors At least two armed men
The armed malefactors shall have acted This circumstance is present even if one of the
together in the commission of an offense offenders merely relied on their aid, for actual
aid is not necessary
Band members are all PRINCIPALS Armed men are mere ACCOMPLICES
Notes:
(a)“Aid of armed men” is absorbed by “employment of a band”.
(b) Mere moral or psychological aid or reliance is sufficient to constitute this aggravating
circumstance.
Par. 9. THAT THE ACCUSED IS A RECIDIVIST (REINCIDENCIA)

Requisites:
(1) That the offender is on trial for an offense;
(2) That he was previously convicted by final judgment of another crime;
(3) That both the first and the second offenses are embraced in the same title of the Code;

Carlo C Rimas
(4) That the offender is convicted of the new offense.
DIFFERENT FORMS OF REPETITION OR HABITUALITY OF OFFENDER

(a) RECIDIVISM under Article 14 (9)—The offender at the time of his trial for one crime shall have
been previously convicted by final judgment of another embraced in the same title of the
Revised Penal Code. ALWAYS AGGRAVATING.
(b) REPETITION OR REITERACION under Article 14 (9)—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. NOT ALWAYS AGGRAVATING
(c) HABITUAL DELINQUENCY under Article 62 (5)—The offender within a period of 10 years from
the date of his release or last conviction of the crimes of serious or less serious physical injuries,
robo, hurto, estafa or falsification, is found guilty of any of the said crimes a third time or oftener.
(d) QUASI-RECIDIVISM under Article 160—Any person who shall commit a felony after having
been convicted by final judgment, before beginning to serve such sentence or while serving
such sentence shall be punished by the maximum period prescribed by law for the new felony
Notes:
(a) In recidivism, the crimes committed should be felonies. There is no recidivism if the crime
committed is a violation of a special law.
(b) What is controlling is the time of the trial, not the time of the commission of the offense (i.e.
there was already a conviction by final judgment at the time of the trial for the second
crime).
(c) What is required is previous conviction AT THE TIME OF THE TRIAL.
Par. 10. THAT THE OFFENDER HAS BEEN PREVIOUSLY PUNISHED BY 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 (REITERACION)
Requisites:
(1) That the accused is on trial for an offense;
(2) That he previously SERVED SENTENCE for another offense to which the law attaches: (a) an
equal or (b) greater penalty, or (c) for 2 or more crimes to which it attaches lighter penalty than
that for the new offense; and
(3) That he is convicted of the new offense.
Par. 9 Recidivism Par. 10 Reiteracion
It is enough that a final judgment has been It is necessary that the offender shall have
rendered in the first offense. served out his sentence for the first offense.
Requires that the offenses be included in the The previous and subsequent offenses must
same title of the Code not be embraced in the same title of the

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Code
Always to be taken into consideration in fixing Not always an aggravating circumstance

the penalty to be imposed upon the accused
Rationale is the proven tendency to commit Rationale is the proven resistance to

a similar offense rehabilitation
Art. 14, Par. 9 Recidivism Art. 62, Par. 5 Habitual Delinquency
Two convictions are enough At least three convictions are required
The crimes are not specified; it is enough that The crimes are limited and specified to: (a)
they may be embraced under the same title serious physical injuries, (b) Less serious
of the Revised Penal Code physical injuries, (c) robbery, (d) theft, (e)
estafa or swindling and (f) falsification
There is no time limit between the first There is a time limit of not more than 10 years
conviction and the subsequent conviction. between every conviction computed from
Recidivism is imprescriptible. the first conviction or release from punishment
thereof to conviction computed from the
second conviction or release therefrom to the
third conviction and so on
It is a generic aggravating circumstance Habitual delinquency is a special

which can be offset by an ordinary mitigating aggravating circumstance, hence it cannot
circumstance. be offset by any mitigating circumstance.
Aside from the penalty prescribed by law for
If not offset, it would only increase the penalty
the crime committed, an additional penalty
prescribed by law for the crime committed to
shall be imposed depending upon whether it
its maximum period
is already the third conviction, the fourth, the
fifth and so on
Par. 11. THAT THE CRIME BE COMMITTED IN CONSIDERATION OF A PRICE, REWARD, OR PROMISE
Notes:
(A) When this Aggravating Circumstance is present, there must be 2 or more principals:
(a) the one who gives or offers the price or promise; and (b) the one who accepts it.

Carlo C Rimas
(1) Both of whom are principals to the former, because he directly induces the latter
to commit the crime, and the latter because he commits it.
(2) When this AC is present, it affects not only the person who received the price or
reward, but also the person who gave it.
(3) The evidence must show that one of the accused used money or valuable
consideration for the purpose of inducing another to perform the deed. (U.S. v.
Gamao).
(4) If without previous promise it was given voluntarily after a crime was committed as
an expression of his appreciation for the sympathy and aid shown by the other
accused, it should not be taken into consideration for the purpose of increasing
the penalty.
(B) The price, reward or promise:

(a) Need not consist of or refer to material things; or that the same were actually
delivered,
(b) it being sufficient that the offer made by the principal by inducement was
accepted by the principal by direct participation before the commission of the
offense.
(C) The price, reward or promise must be the primary or primordial motive for the
commission of the crime.
(D) The price, reward or promise need not consist of material things or that the same
were actually delivered. It is sufficient that the offer made by the principal by
inducement be accepted BEFORE the commission of the offense.
Par. 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding
of a vessel or international damage thereto, derailment of a locomotive, or by the use of any
other artifice involving great waste and ruin
Notes:
(a) Unless used by the offender as a means to accomplish a criminal purpose, any of
the circumstances in paragraph 12 cannot be considered to increase the
penalty or to change the nature of the offense.
(b) When another AC already qualifies the crime, any of these AC’s shall be
considered as generic aggravating circumstance only.
(c) Fire is not aggravating in the crime of arson.
(d) Whenever a killing is done with the use of fire, as when you kill someone, you burn
down his house while the latter is inside, this is murder qualified by circumstance
that the crime was committed “by means of fire”.
(e) There is no such crime as murder with arson or arson with homicide. The crime is
only murder.
(f) If the intent is to destroy property - the crime is arson even if someone dies as a
consequence.

Carlo C Rimas
(g) If the intent is to kill - there is murder even if the house is burned in the process.
(h) A separate crime of Arson and Murder/homicide if fire was used to conceal the
killing
Par. 13. That the act be committed with evident premeditation

Requisites:
(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 is conscience to
overcome the resolution of his will.
The essence of premeditation

(a)The execution of the criminal act is preceded by cool thought and reflection upon
the resolution to carry out the criminal intent within a space of time sufficient to arrive
at a calm judgement.
(b) The premeditation must be based upon external facts, and must be evident, not
merely suspected indicating deliberate planning.
(c) The date and time when the offender determined to commit the crime is essential,
because the lapse of time for the purpose of the third requisite is computed from that
date and time.
(d) After the offenders had determined to clung commit the crime, there must be a
manifest indication that they clung to their determination.
(e) Where conspiracy is directly established, with proof of the attendant deliberation and
selection of the method, time and means of executing the crime, the existence of
evident premeditation can be taken for granted. (U.S. v. Cornejo)
Par. 14. That craft (astucia), fraud (fraude) or disguise (disfraz) be employed
⮚ Involves intellectual trickery and cunning on the part of the accused. It is employed as a
scheme in the execution of the crime.
FRAUD (a) Insidious words or machinations used

(1) to induce the victim
(2) to act in a manner
(b) which would enable the offender to carry out his design.
CRAFT
Craft involves intellectual trickery and cunning on the part of the offender.
(a) absorbed in treachery if they have been deliberately adopted as the means,
methods or forms for the treacherous strategy, or
(b) they may co-exist independently where they are adopted for a different purpose in
the commission of the crime.
People v. San Pedro:

Carlo C Rimas
Where the accused pretended to hire the driver in order to get his vehicle, it was held that there
was craft directed to the theft of the vehicle, separate from the means subsequently used to
treacherously kill the defenseless driver.
Fraud Craft
When there is a DIRECT INDUCEMENT by The act of the accused was done in order
insidious words or machinations NOT TO AROUSE SUSPICION of the victim
DISGUISE
(a) Resorting to any device to conceal identity.
(b) The test of disguise is
(1) whether the device or contrivance resorted to by the offender
(2) was intended to or did make identification more difficult, such as the use of a
mask, false hair or beard.
(c) But if in spite of the use of handkerchief to cover their faces, the culprits were
recognized by the victim, disguise is not considered aggravating.
CASES:
People v. Masilang:
There was also craft where after hitching a ride, the accused requested the driver to take them to
a place to visit somebody, when in fact they had already planned to kill the driver.
People v. Labuguen (2000):

Craft involves intellectual trickery and cunning on the part of the offender . When there is a direct
inducement by insidious words or machinations, fraud is present. By saying that he would
accompany the victim to see the cows which the latter intended to buy, appellant was able to
lure the victim to go with him.
Par. 15. That

(1) advantage be taken of superior strength, or
(2) means be employed to weaken the defense
⮚ Either of which qualifies the killing to murder

⮚ To TAKE ADVANTAGE of superior strength means to use purposely excessive force out of
proportion to the means of defense available to the person attacked.
⮚ Superiority may arise from
(a) aggressor’s sex, build, weapon or number
(b) as compared to that of the victim (e.g. accused attacked an unarmed girl with a
knife; 3 men stabbed to death the female victim).
⮚ No advantage of superior strength when
(a) one who attacks another with passion and obfuscation or
(b) when quarrel arose unexpectedly and the fatal blow was struck while victim and
accused were struggling.
Carlo C Rimas
Note:
(1) TEST: For abuse of superior strength, the test is the relative strength of the offender
and his victim, whether or not he took advantage of his greater strength.
CASES:
People v. Lobrigas (2002): The crime committed was murder qualified by the
aggravating circumstance of abuse of superior strength. To appreciate abuse of superior
strength, there must be a deliberate intent on the part of the malefactors to take
advantage of their greater number. They must have notoriously selected and made use
of superior strength in the commission of the crime. To take advantage of superior
strength is to use excessive force that is out of proportion to the means for self-defense
available to the person attacked; thus, the prosecution must clearly show the offenders'
deliberate intent to do so.
People v. Barcelon (2002):

Abuse of superior strength was present in the commission of the crime. The court cited
the case of People vs. Ocumen, where an attack by a man with a deadly weapon upon
an unarmed woman constitutes the circumstance of abuse of that superiority which his
sex and the weapon used in the act afforded him, and from which the woman was
unable to defend herself. The disparity in age between the assailant and the victim,
aged 29 and 69, respectively, indicates physical superiority on appellant's part over the
deceased. It did not matter that appellant was "dark" with a "slim body build" or "medyo
mataba." What mattered was that the malefactor was male and armed with a lethal
weapon that he used to slay the victim.
Par. 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) The employment of means of execution that gave the person attacked no opportunity to
defend himself or retaliate; and
(2) That the offender consciously adopted the particular means, method or form of attack
employed by him.
Note:
a) The mode of attack must be consciously adopted.
b) The accused must make some preparation to kill the deceased in such manner as to
insure the execution of the crime or to make it impossible or hard for the person attacked
to defend himself or retaliate.
c) Treachery cannot be presumed. The suddenness of the attack does not, of itself, suffice
to support a finding of alevosia, even if the purpose was to kill, so long as the decision

Carlo C Rimas
was made all of a sudden and the victim’s helpless position was accidental. (People v.
Lubreo).
d) It must be proved by clear and convincing evidence. (People v. Santos).
Par. 17. THAT MEANS BE EMPLOYED OR CIRCUMSTANCES BROUGHT ABOUT ADD IGNOMINY TO THE
NATURAL EFFECTS OF THE ACT
Ignominy- a circumstance which ADDS DISGRACE AND OBLOQUY to the material injury caused
by the crime.
Notes:
(a) The means employed or the circumstances brought about must tend to make the
effects of the crime MORE HUMILIATING or TO PUT THE OFFENDED PARTY TO SHAME.
(b) Applicable to crimes against chastity, rape, less serious physical injuries, light or
grave coercion and murder.
(c) Injured party must not be dead when the act causing ignominy was inflicted to him.
CASE:
a) People v. Cachola (2004): For ignominy to be appreciated, it is required that the offense be
committed in a manner that tends to make its effect more humiliating, thus adding to the victim's
moral suffering. Where the victim was already dead when his body or a part thereof was
dismembered, ignominy cannot be taken against the accused. In this case, the information states
that Victorino's sexual organ was severed after he was shot and there is no allegation that it was
done to add ignominy to the natural effects of the act. We cannot, therefore, consider ignominy as
an aggravating circumstance.
Par. 18. THAT THE CRIME BE COMMITTED AFTER AN UNLAWFUL ENTRY.

Unlawful Entry – when an entrance (and not for escape) of a crime a wall, roof, floor, door, or
window be broken.
Notes:
(a) There is unlawful entry when an entrance is effected by a way not intended for the
purpose.
(b) There is no unlawful entry when the door is broken and thereafter the accused made
an entry thru the broken door. The breaking of the door is covered by paragraph 19.
(c) UNLAWFUL ENTRY IS INHERENT IN THE CRIME OF TRESPASS TO DWELLING AND ROBBERY
WITH FORCE UPON THINGS BUT AGGRAVATING IN THE CRIME OF ROBBERY WITH
VIOLENCE AGAINST OR INTIMIDATION OF PERSONS.
Par. 19. THAT AS A MEANS TO THE COMMISSION OF THE CRIME, A WALL, ROOF, FLOOR, DOOR OR
WINDOW BE BROKEN
Notes:
(a) To be considered as an AC, breaking the door must be utilized as a means to the
commission of the crime.

Carlo C Rimas
(b) It is only aggravating in cases where the offender resorted to any of said means TO ENTER the
house. If the wall, etc. is broken in order to get out of the place, it is not aggravating.
(c) Because of the phrase “as a means to the commission of a crime”, it is not necessary that
the offender should have entered the building. What aggravates the liability of the offender
is the breaking of a part of the building as a means to the commission of the crime.
Hence, if the offender broke the window to enable himself to reach a purse with
money on the table near that window, which he took while his body was outside of
the building, the crime of theft was attended by this AC.
Par. 20. THAT THE CRIME BE COMMITTED WITH THE AID OF PERSONS UNDER FIFTEEN YEARS OF AGE
OR BY MEANS OF MOTOR VEHICLES, MOTORIZED WATERCRAFT, AIRSHIPS, OR OTHER SIMILAR
MEANS
(a) With the aid of persons under 15 years of age
(b) By means of a motor vehicle

This circumstance is aggravating only when USED in the commission of the offense. If motor
vehicles are used only in the escape of the offender, it is not aggravating. It must have been
used to facilitate the commission of the crime to be aggravating.
Par. 21. THAT THE WRONG DONE IN THE COMMISSION OF THE CRIME BE DELIBERATELY AUGMENTED
BY CAUSING OTHER WRONG NOT NECESSARY FOR ITS COMMISSION
CRUELTY- there is cruelty when the culprit ENJOYS AND DELIGHTS in making his victim suffer
slowly and gradually, CAUSING UNNECESSARY PHYSICAL PAIN in the consummation of the
criminal act.
Requisites:
(1) That the injury caused be deliberately increased by causing other wrong;
(2) That the other wrong be unnecessary for the execution of the purpose of the offender.
Notes:
(a) For it to exist, it must be shown that the accused ENJOYED AND DELIGHTED IN MAKING
HIS VICTIM SUFFER.
(b) If the victim was already dead when the acts of mutilation were being performed,
this would also qualify the killing to murder due to outraging of his corpse. But since
the victim is dead, cruelty cannot be appreciated in this case.
(c) There must be positive proof that the wounds found on the body of the victim were
inflicted while he was still alive in order to unnecessary prolong physical suffering.
Ignominy Cruelty
Involves moral suffering Refers to physical suffering
refers to the moral effect of a crime and it refers to the physical suffering of the victim so
pertains to the moral order, whether or not

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the victim is dead or alive he has to be alive
CASES:
People v. Catian (2002):
Catian repeatedly struck Willy with a "chako" on the head, causing Willy to fall on his knees. Calunod
seconded by striking the victim with a piece of wood on the face. When Willy finally collapsed,
Sumalpong picked him up, carried him over his shoulder, and carried Willy to a place where they
burned Willy. The latter’s skeletal remains were discovered by a child who was pasturing his cow near a
peanut plantation.
Held: The circumstance of cruelty may not be considered as there is no showing that the victim was
burned while he was still alive. For cruelty to exist there must be proof showing that the accused
delighted in making their victim suffer slowly and gradually, causing him unnecessary physical and
moral pain in the consummation of the criminal act . No proof was presented that would show that
accused-appellants deliberately and wantonly augmented the suffering of their victim.
OTHER AGGRAVATING CIRCUMSTANCES UNDER SPECIAL PENAL LAWS
A. THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (R.A. NO. 9165)

As a qualifying aggravating circumstance
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under
the Influence of Dangerous Drugs. – Notwithstanding the provisions of any law to the contrary, a
positive finding for the use of dangerous drugs shall be a QUALIFYING AGGRAVATING CIRCUMSTANCE
in the commission of a crime by an offender, and the application of the penalty provided for in the
Revised Penal Code shall be applicable.
2. NEW FIREARMS LAW (REPUBLIC ACT 10591)

If the crime committed with the use of a loose firearm is penalized by the law with a maximum
penalty which is EQUAL to that imposed under the preceding section for illegal possession of
firearms, the penalty of prision mayor in its minimum period shall be imposed IN ADDITION to the
penalty for the crime punishable under the Revised Penal Code or other special laws of which
he/she is found guilty. (Please refer to Section 29 of RA 10591)
Note: It is immaterial even if what was used is an imitation firearm. It is the same effect as if it
is a loose firearm.
3. R.A. NO. 7659 OR THE ORGANIZED/SYNDICATED CRIME GROUP: The maximum penalty shall be
imposed if the offense was committed by any person who belongs to an
organized/syndicated crime group.
Organized or syndicated crime group- A group of two or more persons collaborating,
confederating or mutually helping one another for the purpose of gain in the commission of a
crime.

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ALTERNATIVE CIRCUMSTANCES
Alternative Circumstances – are circumstances which must be taken in consideration as
aggravating or mitigating ACCORDING TO THE NATURE AND EFFECTS OF THE CRIME AND OTHER
CONDITIONS ATTENDING ITS COMMISSION.
THREE TYPES of alternative circumstances under Art. 15: (1) Relationship (2) Intoxication (3)
Degree of education/instruction
(1) Relationship shall be taken into account when the offended party is
(a) Spouse (b) Ascendant (c) Descendant (d) Legitimate, natural, or adopted Brother or
Sister (e) Relative by Affinity in the same degree of the offender
⮚ It includes relationship of stepfather/mother and stepchild
Reason: it is the duty of the stepparents to bestow upon their stepchildren a
father’s/mother’ affection, care and protection
⮚ Adopted parent and adopted child is also included
Where relationship is EXEMPTING

(i) An accessory who is related to the principal within the relationship prescribed in Art.
20 except if accessory falls within Par. 1 of Art. 19;
(ii) A legally married person who having surprised his spouse in the act of committing
sexual intercourse with another person who shall inflict upon them physical injuries
of any other kind (i.e. less serious and slight physical injuries). [Art. 247, RPC]
(iii) Spouses, ascendants and descendants, or relatives by affinity in the same line who
committed the crime of THEFT, MALICIOUS MISCHIEF OR SWINDLING (ESTAFA) but
there’s civil liability. [Art. 332, RPC]
Where relationship is MITIGATING

(i) In Crimes against property, by analogy to the provisions of Art. 332, relationship is
mitigating in the crimes of robbery (arts. 294-3-2), usurpation (Art. 312), fraudulent
insolvency (Art. 314) and arson (Arts. 321322, 325-326)
(ii) When the crime is less serious or slight physical injuries if the offended party is a relative
of a lower degree than the offender (aggravating when the offended party is a
relative of a higher degree of the offender)
Where relationship is AGGRAVATING

(i) In CRIMES AGAINST PERSONS in cases where
(a) the offended party is a relative of a higher degree than the offender (grandson
kills grandfather), or
(b) when the offender and the offended party are relatives of the same level, as killing
a brother, a brother-in-law, a half-brother or adopted brother.
(ii) When the crime is SERIOUS PHYSICAL INJURIES (Art. 263), even if the offended party is a
descendant of the offender, relationship is AGGRAVATING.

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But the serious physical injuries must not be inflicted by a parent upon his child by
excessive chastisement.
(iii) When the crime is LESS SERIOUS PHYSICAL INJURIES OR SLIGHT PHYSICAL INJURIES if the
offended party is a relative of a higher degree than the offender
(iv) When the crime is HOMICIDE OR MURDER if the victim of the crime is a relative of
lower degree.
(v) In CRIMES AGAINST CHASTITY, like acts of lasciviousness, relationship is always

aggravating
Note: When the qualification given to the crime is derived from the relationship
between the offender and the offended party, it is neither mitigating nor
aggravating, because it is inseparable from and inherent in the offense.
(2) Intoxication
It is only the circumstance of intoxication which (a) if not mitigating, (b) is automatically
aggravating.
(a) When mitigating

(1) There must be an indication that (a) because of the alcoholic intake of the offender,
(b) he is SUFFERING FROM DIMINISHED SELFCONTROL. (c) It is not the quantity of alcoholic
drink. (d) Rather it is the effect of the alcohol upon the offender which shall be the basis
of the mitigating circumstance.
(2) If the intoxication is (a) not habitual and (b) not subsequent to the plan to commit a
felony.
(b) When Aggravating: (1) If intoxication is habitual (2) If it is intentional to embolden

offender to commit crime
(3) Degree of Instruction/ Education

(a) Refers not only to literacy but more to the level of sufficient intelligence of and
knowledge of the full significance of one’s act
(b) Being illiterate does not mitigate liability if crime committed is one which one inherently
understands as wrong (e.g. parricide)
(c) To be considered mitigating, degree of instruction must have some reasonable
connection to the offense.
General Rule: Lack of sufficient education is mitigating
Except:
1. Crimes against property (e.g arson, estafa, theft, robbery)
2. Crimes against chastity
3. Treason- love of country should be a natural feeling of every citizen however
unlettered or uncultured he may be.
4. Murder

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5. Rape
Module 3
PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION

Intro:
Under the Revised Penal Code, when more than one person participated in the commission of
the crime, the law looks into their participation because in punishing offenders, the Revised
Penal Code classifies them as: (a) PRINCIPAL (b) ACCOMPLICE (c) ACCESSORY
(1) This classification is true only under the RPC and is not applied under special laws, UNLESS the
latter provides for the same graduated penalties as those provided under the RPC.
(2) Do not use the term “principal” when the crime committed is a violation of special law (use
the term “offender/s, culprit/s, accused)
As to the liability of the participants in the grave, less grave or light felony:
(1) When the felony is grave, or less grave, all participants are criminally liable.
(2) But when the felony is only light, only the principal and the accomplice are liable. The
accessory is not.
Two parties in a crime:

a. Active subject (the criminal)
> Art. 16 enumerates the active subjects of the crime
> Only NATURAL persons
Reason: artificial persons cannot act with malice or negligence
b. Passive subject (the injured party)

> corporation and partnership can be a passive subject
> corpses and animals cannot be passive subjects because they have no right
that may be injured.
Exception: Under Art. 253, the crime of defamation may be committed if the
imputation tends to blacken the memory of one who is dead.
Note: Art. 16 is applicable only when the offenders are to be juged by their individual, not
collective liability.
Article 17
PRINCIPAL
Kinds:
(1) By Direct Participation
Elements:
(1) That they participated in the criminal resolution; and

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(2) That they carried out their plan and personally took part in its execution by acts
which directly tended to the same end.
⮚ When the only second requisite is lacking, there is only conspiracy.
Why one who does not appear at the scene of the crime is not liable:
(a) his non-appearance is deemed desistance which is favored and encouraged.
(b) conspiracy is generally not a crime unless the law specifically provides a penalty
therefore(Art. 8).
(c) there is no basis for criminal liability because there is no criminal participation.
(2) By Inducement
Elements:
(1) That the inducement be made directly with the intention of procuring the commission
of the crime;
(2) That such inducement be the determining cause of the commission of the crime by
the material executor.
Note: He need not be present in the place and time of the commission of crime.
Two ways of becoming principal by induction:
(1) By DIRECTLY FORCING ANOTHER TO COMMIT A CRIME BY:
(a) Using irresistible force - such physical force as would produce an effect upon
the individual that despite of all his resistance, it reduces him to a mere
instrument.
(b) Causing uncontrollable fear – such fear that must be grave, actual, serious
and of such kind that majority of men would succumb to such moral compulsion.
(2) By DIRECTLY INDUCING ANOTHER to commit a crime by:

(a) Giving of price, or offering of reward or promise.
The one giving the price or offering the reward or promise is a principal by inducement
while the one committing the crime in consideration thereof is a principal by direct
participation.
(b) Using words of command.
The person who used the words of command is a principal by inducement while
the person who committed the crime because of the words command is a
principal by direct participation.
Requisites:
a. That the one uttering the words of command must have the intention of
procuring the commission of the crime;
b. That the one who made the command must have an ascendancy or influence
over the person who acted;
c. That the words used must be so direct, so efficacious, so powerful as to amount
to physical or moral coercion;
d. That the words of command must be uttered prior to the commission of the
crime; and

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e. The material EXECUTOR OF THE CRIME HAS NO PERSONAL REASON TO COMMIT

THE CRIME.
Note:
1) Inducement must be strong enough that the person induced could not resist.
2) If the person who actually committed the crime had reason of his own to commit the
crime, it cannot be said that the inducement was influential in producing the crime.
When does a principal by induction become liable?

(a) The principal by induction becomes liable only when the principal by direct
participation committed the act induced.
(b) The inducement must precede the act induced and must be so INFLUENTIAL IN
PRODUCING THE CRIMINAL ACT THAT WITHOUT IT, THE ACT WOULD NOT HAVE BEEN
PERFORMED.
What are the effects of acquittal of principal by direct participation upon the liability of
principal by inducement?
(a) Conspiracy is negated by the acquittal of codefendant.
Illustration: While in the course of a quarrel, a person shouted to A, “Kill him! Kill him!”
A killed the other person. Is the person who shouted criminally liable? Is that
inducement? No. The shouting must be an irresistible force for the one shouting to
be liable.
(b) One cannot be held guilty of having instigated the commission of a crime without first
being shown that the crime has been actually committed by another.
Note: But if the one charged as principal by direct participation is acquitted because
he acted without criminal intent or malice, his acquittal is not a ground for the
acquittal of the principal by inducement.
(3) By Indispensable Cooperation

Elements:
(1) Participation in the criminal resolution, that is, there is either anterior conspiracy or
unity of criminal purpose and intention immediately before the commission of the
crime charged;
(a) Requires participation in the criminal resolution
(b) There must be conspiracy
(c) Concurrence is sufficient
(4) Cooperation in the commission of the offense by performing another act,

WITHOUT WHICH IT WOULD HAVE BEEN ACCOMPLISHED.
(a) Cooperation must be indispensable
(b) If dispensable, accused is only an accomplice
(c) If cooperation is necessary in the execution of the offense, accused is
considered as a principal by direct participation.
COLLECTIVE CRIMINAL RESPONSIBILITY

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This is present when the offenders are criminally liable in the same manner and to the
same extent. The penalty to be imposed must be the same for all.
Principals by direct participation have COLLECTIVE CRIMINAL RESPONSIBILITY. Principals
by induction, except those who directly forced another to commit a crime, and
principals by direct participation have collective criminal responsibility. Principals by
indispensable cooperation have collective criminal responsibilities with the principals by
direct participation.
INDIVIDUAL CRIMINAL RESPONSIBILITY

In the absence of any previous conspiracy, unity of criminal purpose and intention
immediately before the commission of the crime, or community of criminal design, the
criminal responsibility arising from different acts directed against one and the same
person is individual and not collective, and each of the participants is liable only for the
act committed by him.
(1) If the crime could hardly be committed without such cooperation, then such
cooperator would be a principal.
(2) If the cooperation merely facilitated or hastened the consummation of the crime, the
cooperator is merely an accomplice.
Article 18
ACCOMPLICE
Accomplice – are persons who, not acting as principals, COOPERATE IN THE EXECUTION of the
offense by previous and simultaneous acts, which are not indispensable to the commission of
the crime.
They act as mere instruments that perform acts not essential to the perpetration of the offense.
Elements:
(1) That there be community of design;
(2) That he cooperates in the execution of the offense by previous or simultaneous acts; and
(3) That there be a relation between the acts done by the principal and those attributed to the
person charged as accomplice.
When is one regarded as an accomplice?

(1) Determine if there is a conspiracy.
(2) If there is, as a general rule, the criminal liability of all will be the same, because the
act of one is the act of all.
Notes:
1. Before there could be an accomplice there must be a principal by direct participation.
2. One can be an accomplice even if he did not know of the actual specific crime intended to
be committed by the principal, provided he was aware that the objective of the acts he was
tasked to do was illicit.
3. The person charged as an accomplice should not have inflicted a mortal wound , otherwise
he becomes principal by direct participation.

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Principal by Cooperation Accomplice
Cooperation is indispensable to the Cooperation is not indispensable to the

commission of the act commission of the act
Article 19
ACCESSORIES
Accessories-are those who having knowledge of the commission of the crime; and without
having participated therein either as principals or accomplices, take part subsequent to its
commission in any of the following:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
Note: knowledge of the commission of the crime after acquisition of the stolen property is
sufficient.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in
order TO PREVENT ITS DISCOVERY.
Notes:
(a) When the crime is robbery or theft, with respect to the third involvement of the
accessory, do not overlook the purpose which must be to prevent discovery of the
crime.
(b) The corpus delicti is not the body of the person who is killed.
(i) Even if the corpse is not recovered, as long as that killing is established beyond
reasonable doubt, criminal liability will arise.
(ii) If there is someone who destroys the corpus delicti to prevent discovery, he
becomes an accessory.
Requisites:
a. The fact that the crime was committed; and
b. The participation of the offender in the commission of the crime.
General Rule: There must be an intention to prevent the discovery of the crime; hence
mere silence is NOT punishable.
Except:
1. When the crime involved is conspiracy to commit treason, his silence may hold him
liable for misprision of treason (Art. 116) but as a principal thereof.
2. Knowingly concealing the evil practices enumerated in Art. 142 is also punishable
as principal in inciting to sedition (Art. 142).
3. By harboring, concealing, or assisting in the escape of the principals of the crime,

provided the accessory acts with abuse of his public functions or whenever the author of
the crime is GUILTY of treason, parricide, murder, or an attempt to take the life of the
Chief Executive, or is known to be habitually guilty of some other crime.
Take note that the law distinguishes between:
A Public Officer harboring, concealing or assisting the principal to escape

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Requisites:
(1) The accessory is a public officer;
(2) He harbors, conceals, or assists in the escape of the principal;
(3) The public officer acts with abuse of his public functions;
(4) The crime committed by the principal is ANY CRIME, provided it is not a light felony.
A Private Citizen or civilian harboring, concealing or assisting the principal to escape

Requisites:
(1) The accessory is a private person;
(2) He harbors, conceals or assists in the escape of the author of the crime;
(3) The crime committed by the principal is either 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.
Public Officer Civilian
The nature of the crime is immaterial The nature of the crime is material
What is material is that he used his For him to become an accessory, the
public function in assisting the escape principal must have committed the
crime of treason, parricide, murder or
attempt on the life of the Chief
Executive
Revised Penal Code PD 1829 (Also Known as the Law

Penalizing “Obstruction of Justice”)
Specifies the crimes that should be No specification of the crime to be

committed in case a civilian aid in the committed by the offender in order
escape that criminal liability be incurred
The offender is the principal or must The offender need not even be the
be convicted of the crime charged principal or need not be convicted of
the crime charged
The one who harbored or concealed An offender of any crime is no longer

an offender is still an accessory an accessory but is simply an offender
without regard to the crime of the
person assisted to escape
When accessories are not criminally liable:

(1) When the felony committed is a light felony

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(2) WHEN THE ACCESSORY IS RELATED TO THE PRINCIPAL AS (A) SPOUSE (B) ASCENDANT, OR
DESCENDANT, OR (C) BROTHER OR SISTER WHETHER LEGITIMATE, OR NATURAL OR ADOPTED
OR (D) WHERE THE ACCESSORY IS A RELATIVE BY AFFINITY WITHIN THE SAME DEGREE,
UNLESS THE ACCESSORY HIMSELF PROFITED FROM THE EFFECTS OR PROCEEDS OF THE CRIME
OR ASSISTED THE OFFENDER TO PROFIT THEREFROM.
When an accessory is exempt from criminal liability:

When the principal is his:
(1) spouse, (2) ascendant (3) descendant (4) legitimate, natural or adopted brother, sister or
relative by affinity within the same degree.
Note: Even if only two of the principals guilty of murder are the brothers of the accessory
and the others are not related to him, such accessory is exempt from criminal liability.
When an accessory is NOT exempt from criminal liability even if the principal is related to him:
If such accessory (1) profited from the effects of the crime, or (2) assisted the offender to profit by
the effects of the crime.
Other instances when one becomes an accessory:

(1) Accessory as a fence:
Presidential Decree No. 1612 (Anti-Fencing Law)
(a) "Fencing" is the act of any person who, with intent to gain for himself or for another,
shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell,
or in any other manner deal in any article, item, object or anything of value which he
knows, or should be known to him, to have been derived from the proceeds of the crime
of robbery or theft.
(b) "Fence" includes any person, firm, association, corporation or partnership or other
organization who/which commits the act of fencing.
Notes:
(a) ONE WHO KNOWINGLY PROFITS OR ASSISTS THE PRINCIPAL TO PROFIT BY THE EFFECTS
OF ROBBERY OR THEFT (I.E. A FENCE) IS NOT JUST AN ACCESSORY TO THE CRIME, BUT
PRINCIPALLY LIABLE FOR FENCING
(b) The penalty is higher than that of a mere accessory to the crime of robbery or theft.
(c) Mere possession of any article of value which has been the subject of robbery or theft
brings about the PRESUMPTION that the article is a proceed of robbery or theft. Sec. 5
(2) Acquiring the effects of piracy or brigandage:
(a) Presidential Decree 532 (Anti-piracy and Highway Robbery law of 1974)
(b) If the crime was piracy or brigandage under PD 532, said act constitutes the crime of
abetting piracy or abetting brigandage as the case may be, although the penalty is
that of an accomplice, not just an accessory, to the piracy or the brigandage.
(c) Section 4 of PD 532 provides that any person who knowingly and in any manner
acquires or receives property taken by such pirates or brigands or in any manner

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derives benefit therefrom, shall be considered as an ACCOMPLICE of the principal

offenders in accordance with the Rules prescribed by the Revised Penal Code.
DECREE PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL

OFFENDERS (P.D. 1829)
What is imposed:
(a) Prision correccional in its maximum period, or
(b) Fine ranging from PhP 1,000 – 6,000, or
(c) Both Upon any person who knowingly or willfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the investigation and prosecution of criminal
cases through the acts enumerated in Sec. 1
PUNISHABLE ACTS
(a) Preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
(b) Altering, destroying, suppressing or concealing any paper, record, document, or object
with intent to impair its veracity, authenticity, legibility, availability, or admissibility as
evidence in any investigation of or official proceedings in criminal cases, or to be used in
the investigation of, or official proceedings in, criminal cases;
(c) Harboring or concealing, or facilitating the escape of, any persons he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing
penal laws in order to prevent his arrest, prosecution and conviction;
(d) Publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgment, or concealing his true name and other
personal circumstances for the same purpose or purposes;
(e) Delaying the prosecution of criminal cases by obstructing the service of process or court
orders or disturbing proceedings in the fiscals’ offices, in Tanodbayan, or in the courts;
(f) Making, presenting or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in criminal cases;
(g) Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining
from, discontinuing, or impeding the prosecution of a criminal offender;
(h) Threatening directly or indirectly another with the infliction of any wrong upon his person,
honor or property or that of any immediate member or members of his family in order to
prevent such person from appearing in the investigation of, or official proceedings in,
criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a
person from appearing in the investigation of, or in official proceedings in criminal cases;
(i) Giving a false or fabricated information to mislead or prevent the law enforcement
agencies from apprehending the offender or from protecting the life or property of the
victim; or fabricating information from the data gathered in confidence by investigating

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authorities for purposes of background information and not for publication and
publishing or disseminating the same to mislead the investigator or the court.
Art. 19 RPC PD 1829
The person who gave assistance is punished Punished as a principal in the crime of
as accessory IN THE OFFENSE COMMITTED BY obstruction of justice
THE PRINCIPAL
PENALTIES
Penalty - is the suffering that is inflicted by the State for the transgression of a law.
THREE-FOLD PURPOSE OF PENALTY UNDER RPC:

(1) RETRIBUTION OR EXPIATION – the penalty is commensurate with the gravity of the offense. It
permits society to exact proportionate revenge, and the offender to atone for his wrongs.
(2) CORRECTION OR REFORMATION – as shown by the rules which regulate the execution of the
penalties consisting in deprivation of liberty.
(3) SOCIAL DEFENSE – shown by its inflexible severity to recidivist and habitual delinquents.
CLASSIFICATIONS
(a) PRINCIPAL PENALTIES – those expressly imposed by the court in the judgment of
conviction.
(b) ACCESSORY PENALTIES – those that are DEEMED INCLUDED in the imposition of the
principal penalties. It follows the principal penalty as a matter of law.
(c) SUBSIDIARY PENALTIES – those imposed in lieu of principal penalties, i.e., imprisonment in
case of inability to pay the fine.
Note: PUBLIC CENSURE is a penalty,
(a) Thus, it is not proper in acquittal.
(b) However, the Court in acquitting the accused may criticize his acts or conduct.
Penalties that are either principal or accessory:

(a) Perpetual or temporary absolute disqualification,
(b) Perpetual or temporary special disqualification, and
(c) Suspension
May be principal or accessory penalties, because they are formed in the 2 general classes.
OTHER CLASSIFICATIONS OF PENALTIES

(1) According to their divisibility:
(a) Divisible (i) those that have fixed duration (ii) divisible into three periods.
(b) Indivisible (i) those which have no fixed duration:
1. Death
2. Reclusion perpetua
3. Perpetual absolute or special disqualification

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4. Public censure
(2) According to subject-matter
(a) Corporal (death)
(b) Deprivation of freedom (reclusion, prision, arresto)
(c) Restriction of freedom (destierro)
(d) Deprivation of rights (disqualification and suspension)
(e) Pecuniary (fine)
(3) According to their gravity (a) Capital (b) Afflictive (c) Correctional (d) Light
Article 21
Penalties that may be imposed.
— No felony shall be punishable by any penalty not prescribed by law prior to its commission.”
⮚ Nullum crimen nulla poena sine lege. There is no crime where there is no law punishing it
ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES (R.A. NO. 9346)
RA 9346 expressly repealed RA 8177 or “Act Designating Death by Lethal Injection” and RA 7659
or “Death Penalty Law”
RA 9346 repealed all the other laws imposing death penalty.
Section 2 states that: “In lieu of the death penalty, the following shall be imposed:
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of
the penalties of the Revised Penal Code; or
(b) the penalty of life imprisonment, when the law violated does not make use of the
nomenclature of the penalties of the Revised Penal Code.”
Article 22
RETROACTIVE EFFECT OF PENAL LAWS
“Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as
they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in
Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.”
General Rule: Penal laws are applied prospectively.

Exception:
When retrospective application will be favorable to the person guilty of a felony, provided that:
a) the offender is NOT a habitual criminal under Art. 62(5); and
b) The new amendatory law does not provide against its retrospective application.
Article 23

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EFFECT OF PARDON BY THE OFFENDED PARTY.

A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of
this Code; but civil liability with regard to the interest of the injured party is extinguished by his express
waiver.
Pardon by the offended party will bar criminal prosecution in the following crimes:
1. Adultery and concubinage (Art. 344)
Notes:
⮚ Pardon must be given by the offended party to BOTH offenders, express or implied.
⮚ It must be given BEFORE the institution of criminal action. However, in marriage between
the offender and the offended party EVEN AFTER the institution of the criminal action or
conviction of the offender will EXTINGUISH the criminal action.
2. Seduction, abduction, and Acts of lasciviousness (Art. 344)
3. Rape (as amended by R.A. No. 8353)
⮚ The subsequent valid marriage between the offender and the offended party shall
extinguish criminal liability of the penalty imposed. In case the legal husband is the
offender, subsequent forgiveness by the wife as offended party shall also produce the
same effect.
⮚ Pardon under Art. 344 is ONLY A BAR to criminal prosecution; it is NOT A GROUND for
extinguishment of criminal liability.
⮚ Civil liability may be extinguished by the express waiver of the offended party.
Article 24
MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED PENALTIES
The following shall not be considered as penalties:
(1) The arrest and temporary detention of accused persons, as well as their detention by reason
of insanity or imbecility, or illness requiring their confinement in a hospital.
(2) The commitment of a minor to any of the institutions mentioned in Article 80 and for the
purposes specified therein.
(3) Suspension from the employment of public office during the trial or in order to institute
proceedings.
(4) Fines and other corrective measures which, in the exercise of their administrative disciplinary
powers, superior officials may impose upon their subordinates.
(5) Deprivation of rights and the reparations which the civil laws may establish in penal form.
The following are some examples of deprivation of rights established in penal form:
a. Family Code, Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child.
b. Family Code, Art. 229.

Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;

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(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental
authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental
authority.
Article 25
PENALTIES WHICH MAY BE IMPOSED
⮚ The scale in Art. 25 is only a general classification of penalties based on their severity,
nature and subject matter.
⮚ The scale of penalties in Art. 70 is provided for successive service of sentences imposed
on the same accused in consideration of their severity and nature.
⮚ The scales in Art. 71 are for the purpose of graduating the penalties by degrees in
accordance with the rules in Art. 61.
Classification of penalties under Article 25

A. Based on their SEVERITY:
1. Capital
2. Afflictive
3. Correctional
4. Light
> this classification corresponds to the classification of felonies in Art. 9, into grave, less grave
and light.
B. Based on their NATURE

1. Principal penalties- those expressly imposed by the court in the judgement of conviction.
May be further classified based on divisibility:
a. Divisible- are those that have fixed duration and are divisible into three periods
b. Indivisible- are those which have no fixed duration. These are:
i. Death
ii. Reclusion Perpetua
iii. Perpetual Absolute Disqualification/ Perpetual Special Disqualification
iv. Public censure
2. Accessory penalties- are those that are deemed included in the principal penalties.
C. Based on SUBJECT MATTER

1. Corporal (death)
2. Deprivation of freedom (RP, RT, PM, PC, AMa, Ame)
3. Restriction of freedom (destierro)
4. Deprivation of rights (disqualification and suspension)
5. Pecuniary (fine)
Article 26

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FINE-WHEN AFFLICTIVE, CORRECTIONAL OR LIGHT

1. Afflictive-over P1,200, 000.00
2. Correctional – P40,00.00 to P1,200, 000.00
3. Light- less than P40,000.00
> same basis may be applied by analogy to Bond to Keep the Peace
Notes:
a. Where the fine in question is exactly P40,000, under Art. 9, it is a light felony; whereas under Art.
26, it is correctional penalty, hence the offense involved is a less grave felony. It has been
held that this discrepancy should be resolved in favor of the accused.
b. In determining the prescription of crimes, apply Art. 9 (P40,000.00 fine is light felony); in
determining the prescription of penalty, apply Art. 26 (P40,000.00 fine prescribes in 10 years)
DURATION AND EFFECT

Penalty Duration Effects Accessories
Death (REPEALED) Indivisible
Death, when not PAD

executed due to
Civil interdiction-30yrs
pardon or
from sentence
commutation
(REPEALED)
Reclusion perpetua 20 years & 1 (1) PAD

day to 40
(2) Civil interdiction
years
for life
(Indivisible)
Perpetual absolute For life (1) Deprivation of public office,

disqualification (PAD) even if by election
(2) Deprivation of right to vote

& be voted for
(3) Disqualification from public

office held
(4) Loss of retirement right
Perpetual special For life (1) Deprivation of office,

disqualification (PSD) employment, profession, or
calling affected

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(2) Disqualification from similar

offices or employments
Reclusion temporal 12 years & 1 (1) PAD

day to 20
(2) Civil interdiction
years
for duration of
sentence
Prision mayor 6 years & 1 (1) TAD

day to 12
(2) PSD of suffrage
years
Temporary absolute 6 years & 1 (1) Deprivation of public office,

disqualification (TAD) day to 12 even if by election
years
(2) Deprivation of right to vote
& be voted for during
sentence
(3) Disqualification from public

office held during sentence
(4) Loss of retirement rights
Temporary special 6 years & 1 (1) Deprivation of office,

disqualification (TSD) day to 12 employment, profession, or
years calling affected (2)
Disqualification from similar
offices or employments
Prision correccional 6 months & (1) Suspension from

1 day to 6 public office
years
(2) Suspension from
profession or
calling
(3) PSD of suffrage, if

the duration of
imprisonment
exceeds 18 mos.

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Suspension 6 months & (1) Public office

1 day to 6
(2) Profession or calling
years
(3) Suffrage
Destierro 6 months & Prohibition to enter w/in 25-250

1 day to 6 km radius from the designated
years place (Still a deprivation of
liberty)
Arresto mayor 1 month & 1 (1) Suspension of right

day to 6 to hold office
months
(2) Suspension of the
right of suffrage
Specific Principal and Accessory Penalties

(1) AFFLICTIVE PENALTIES
(a) Reclusion Perpetua
Duration: 20 years and 1 day to 40 years
Accessory Penalties:
(1) Civil interdiction for life or during the period of the sentence as the case may be.
(2) Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as
to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Life Imprisonment Reclusion Perpetua
Imposed for serious offenses penalized by Prescribed under the RPC

special laws
Does not carry with it accessory penalties Carries with it accessory penalties
Does not appear to have any definite extent Entails imprisonment for at least 30 years after
or duration which the convict becomes eligible for
pardon although the maximum period shall in
no case exceed 40 years
(b) Reclusion Temporal Duration: 12 years and 1 day to 20 years

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(1) Civil interdiction for life or during the period of the sentence as the case may be.
(2) Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as
to the principal penalty, unless the same shall have been expressly remitted in the pardon.
(c) Prision mayor

Duration: 6 years and 1 day to 12 years
(1) Temporary Absolute Disqualification
(2) Perpetual Special Disqualification from the right to suffrage which the offender shall suffer
although pardoned as to the principal penalty unless the same shall have been expressly
remitted in the pardon.
(2) CORRECTIONAL PENALTIES

(a) Prision Correccional
Duration: 6 months and 1 day to 6 years
(1) Suspension from public office
(2) Suspension from the right to follow a profession or calling
(3) Perpetual Special Disqualification for the right of suffrage, if the duration of the
imprisonment shall exceed 18 months
(b) Arresto Mayor Duration: 1 month and 1 day to 6 months

(1) Suspension of right to hold office
(2) Suspension of the right of suffrage during the term of the sentence.
(3) LIGHT PENALTIES

(a) Arresto Menor Duration: 1 day to 30 days
(1) Suspension of right to hold office
(2) Suspension of the right of suffrage during the term of the sentence.
(b) Public Censure

Note: Censure, being a penalty is not proper in acquittal.
(4) Penalties common to afflictive, correctional, and light penalties

(a) FINE
Fine is:
(a) Afflictive –more than P1,200,000
(b) Correctional – P40,000 to P1,200,000
(c) Light Penalty – less than P40,000
(b) BOND TO KEEP THE PEACE (ART. 35)

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Art. 35. Effects of bond to keep the peace. — It shall be the DUTY OF ANY PERSON SENTENCED to
give bond to keep the peace, to present TWO SUFFICIENT SURETIES who shall undertake that
such person will not commit the offense sought to be prevented, and that in case such offense
be committed they will pay the amount determined by the court in the judgment, or otherwise to
deposit such amount in the office of the clerk of the court to guarantee said undertaking.
The court shall determine, according to its discretion, the period of duration of the bond.
SHOULD THE PERSON SENTENCED FAIL TO GIVE THE BOND AS REQUIRED HE SHALL BE DETAINED FOR
A PERIOD WHICH SHALL IN NO CASE EXCEED SIX MONTHS, IF HE SHALL HAVE BEEN PROSECUTED
FOR A GRAVE OR LESS GRAVE FELONY , AND SHALL NOT EXCEED THIRTY DAYS, IF FOR A LIGHT
FELONY.
2 ways of giving bond:

(a) The offender must present 2 sufficient sureties who shall undertake that
(i) the offender will not commit the offense sought to be prevented,
(ii) and that in case such offense be committed they will pay the amount determined by the
court;
(b) The offender must deposit such amount with the clerk of court to guarantee said
undertaking;
The court shall determine the period of duration of the bond.
The offender may be detained, if he cannot give the bond, (a) for a period not to exceed 6
months if prosecuted for grave or less grave felony, or (b) for a period not to exceed 30 days, if
for a light felony.
Notes:
a) Bond to keep the peace is different from bail bond which is posted for the provisional
release of a person arrested for or accused of a crime.
b) Imposed in the crime of threats.
ACCESSORY PENALTIES
(1) Perpetual or temporary absolute disqualification,
(2) Perpetual or temporary special disqualification,
(3) Suspension from public office, the right to vote and be voted for, the profession or calling.
(4) Civil interdiction,
(5) Forfeiture or confiscation of instruments and proceeds of the offense, (6) Payment of costs.
(a) Perpetual or Temporary Absolute Disqualification

Effects:
(1) Deprivation of any public office or employment of offender;
(2) Deprivation of the right to vote in any election or to be voted upon;

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(3) Loss of rights to retirement pay or pension
Note:
(1) Perpetual absolute disqualification is effective during the lifetime of the convict and
even after the service of the sentence.
(2) Temporary absolute disqualification lasts during the term of the sentence except
(a) deprivation of the public office or employment; and
(b) loss of all rights to retirement pay or other pension for any office formerly held. (See
Art. 30, par. 3).
(3) A plebiscite is not contemplated in Art. 30 par. 2 (deprivation of the right to vote in any
election for any popular elective office), hence, the offender may vote in that exercise.
(b) Perpetual or Temporary Special Disqualification

Effects: For public office, profession or calling:
(1) Deprivation of the office, employment, profession or calling affected;
(2) Disqualification for holding similar offices or employments during the period of
disqualification.
Effects: For the exercise of right to suffrage:
(1) Deprivation of the right to vote or to be elected in an office;
(2) Cannot hold any public office during the period of disq’n. (Art. 31).
Note: If temporary disqualification or suspension is imposed as an accessory penalty, the
duration is the same as that of the principal penalty.
(c) Suspension from Public Office, the Right to Vote and Be Voted for, the Right to Practice a
Profession or Calling
Effects:
(1) Disqualification from holding such office or the exercise of such profession or right of
suffrage during the term of the sentence;
(2) Cannot hold another office having similar functions during the period of suspension.
(d) Civil Interdiction

Effects: Deprivation of the following rights:
(1) Parental authority
(2) Guardianship over the ward
(3) Marital authority
(4) Right to manage property and to dispose of the same by ACTS INTER VIVOS. (Note: The
convict can still dispose his property mortis causa).
Civil interdiction is ALWAYS an accessory penalty to the following principal penalties:

(1) Death if commuted to life imprisonment;
(2) Reclusion perpetua
(3) Reclusion temporal
(e) Confiscation of Forfeiture of Instruments or Proceeds of the Offense (see: Art. 45)

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Notes:
(1) Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the
instruments or tools used in the commission of the crime. (There can be no forfeiture
when there is no criminal case filed.).
(2) The confiscation is in favor of the government.
(3) Property of a third person not liable for the offense is not subject to confiscation.
(4) If the trial court did not order any confiscation of the proceeds of the crime, the
government cannot appeal from the confiscation as that would increase the penalty
already imposed.
(5) Even if the accused is acquitted on reasonable doubt, but the instrument or proceeds
are contraband, the judgement of acquittal shall order their forfeiture for appropriate
disposition.
(e) Payment of Costs - Includes: (1) Fees, and (2) Indemnities, in the course of judicial
proceedings.
Notes: a) If the ACCUSED is convicted; costs may be charged against him.
b) If he is ACQUITTED, costs are de officio, meaning each party bears his own
expense.
Article 28
COMPUTATION OF PENALTIES
IF THE OFFENDER SHALL BE IN PRISON, the term of the duration of the temporary penalties shall be computed
from the day on which the judgment of conviction shall have become final.
IF THE OFFENDER BE NOT IN PRISON, the term of the duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities
for the enforcement of the penalty.
The duration of the other penalties shall be computed only from the day on which the defendant
commences to serve his sentence.
Examples of temporary penalties:

(1) Temporary absolute disqualification
(2) Temporary special disqualification
(3) Suspension
(a) If offender is under detention, as when he is undergoing preventive imprisonment, first
sentence applies.
(b) If not under detention, because the offender has been released on bail, third sentence
applies.
Examples of penalties consisting in deprivation of liberty:

(1) Imprisonment
(2) Destierro
(a) When the offender is not in prison, 2 nd sentence applies.

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(b) If the offender is undergoing preventive imprisonment, 3 rd sentence applies but the
offender is entitled to a deduction of full time or 4/5 of the time of his detention.
Article 29
PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT (AS
AMENDED BY R.A. NO. 10592).
ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or accused
who have undergone preventive imprisonment shall be credited in the service of their sentence consisting
of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the
detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the
assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, EXCEPT in
the following cases:
“1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
“2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
(It refers to convicts who failed to voluntary surrender to serve sentence under a final judgement.
It does not refer to failure or refusal to voluntarily surrender after the commission of the crime.)
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be
credited in the service of his sentence with FOUR-FIFTHS of the time during which he has
undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from
thirty (30) years.
Whenever an accused has undergone preventive imprisonment for a period equal to the possible
maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet
terminated, he shall be RELEASED IMMEDIATELY without prejudice to the continuation of the trial thereof or
the proceeding on appeal, if the same is under review. Computation of preventive imprisonment for
purposes of immediate release under this paragraph shall be the ACTUAL PERIOD OF DETENTION WITH
GOOD CONDUCT TIME ALLOWANCE : Provided, however, That if the accused is absent without justifiable
cause at any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided,
finally, That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are
excluded from the coverage of this Act. In case the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.”
Notes:
(a)The accused undergoes preventive imprisonment when the offense charged is non-bailable,
or even if bailable, he cannot furnish the required bail.
(b) The convict is to be released immediately if the penalty imposed after trial is less than the full
time or four-fifths of the time of the preventive imprisonment.
(c) The accused shall be released immediately whenever he has undergone preventive
imprisonment for a period equal to the possible maximum imprisonment for the offense
charged.

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(d) In the case of YOUTHFUL OFFENDER who has been proceeded against under Child and Youth
Welfare Code, he shall be credited in the service of his sentence WITH THE FULL TIME OF HIS
ACTUAL DETENTION, whether or not he agreed to abide by the same rules of the institution.
Article 36
EFFECTS OF PARDON BY THE PRESIDENT
Art. 36. Pardon; its effects. – A pardon shall not work the restoration of the right to hold public office, or the
right of suffrage, unless such rights be expressly restored by the terms of the pardon. A pardon shall in no
case exempt the culprit from the payment of civil indemnity imposed upon him by the sentence.
Effects:
(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.
(3) Pardon only excuses the convict from serving the sentence but does not relieve him of the effects.
Limitations upon the exercise of pardoning power

(1) That the power can be exercised only after conviction by “final judgement”. Thus, in applying
for pardon, the convict must not appeal the judgment of conviction or the appeal must be
abandoned.
(2) That such power does not extend to cases of impeachment. (Cristobal v. Labrador).
(3) No pardon, amnesty, parole or suspension of sentence for violation of election laws shall be
granted by the Pres. Without the favorable recommendation of the COMELEC.
General Rule: When the principal penalty is remitted by pardon, only the effect of the principal
penalty is extinguished, but not the accessory penalties attached to it.
Exception: When an absolute pardon is granted after the term of imprisonment has expired, it
removes what is left of the consequences of conviction.
Pardon by the Chief Executive (Art. 36) Pardon by the Offended Party (Art. 23)
Extinguishes the criminal liability of the DOES NOT EXTINGUISH CRIMINAL LIABILITY!!!.
offender. But it may constitute a BAR TO THE
PROSECUTION of the: (1) crimes of seduction,
abduction and acts of lasciviousness by the
valid marriage of the offended party and the
offender; and (2) in adultery and
concubinage, by the express or implied
pardon by the offended spouse.
Cannot include civil liabilities which the The offended party can waive the civil liability
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offender must pay. which the offender must pay.
Conditional or Absolute Cannot be conditional
Granted only after the conviction. Pardon should be given before the institution
of criminal prosecution.
Can extend to any crime, unless otherwise Applies only to crimes against chastity and
provided by or subject to conditions in the rape.
Constitution or the laws.
AMNESTY
An ACT OF THE SOVEREIGN POWER granting oblivion or general pardon for a past offense.
Erases not only the conviction but the crime itself.
Amnesty Absolute Pardon
Blanket pardon to classes of persons, guilty of Includes any crime and is exercised
political offenses individually
May be exercised before trial or investigation Granted only after the conviction.
Looks backward- it is as if he has committed Looks forward- he is relieved from the

no offense consequences of the offense, but rights not
restored unless explicitly provided by the
terms of the pardon
Both do not extinguish civil liability
Public act which the court shall take judicial Private act of the President and must be
notice of pleaded and proved by the person pardoned
Amnesty erases not only the conviction but also the crime itself.
If an offender was convicted for rebellion and he qualified for amnesty, and so he was given an
amnesty, then years later he rebelled again and convicted, is he a recidivist?
No. Because the amnesty granted to him erased not only the conviction but also the effects of
the conviction itself.
Article 38
PECUNIARY LIABILITIES
In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities,
the same shall be met IN THE FOLLOWING ORDER: (RIFC)
(1) The reparation of the damage caused.

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(2) Indemnification of consequential damages.

(3) The fine
(4) The cost of the proceedings.
Note: The first two is owing to the private offended party; while the last two is owing to the STATE.
Art. 38 is applicable when the property of the offender should not be sufficient for the payment
of all his pecuniary liabilities.
Article 39
SUBSIDIARY PENALTY
Art. 39. Subsidiary penalty. If the convict has no property with which to meet the FINE mentioned in the
paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of
one day for each eight pesos, subject to the following rules:
(1) If the principal penalty imposed be PRISION CORRECCIONAL OR ARRESTO AND FINE, (a) he shall remain
under confinement until his fine referred to in the preceding paragraph is satisfied, (b) but HIS
SUBSIDIARY IMPRISONMENT SHALL NOT EXCEED ONE-THIRD OF THE TERM OF THE SENTENCE, (c) and IN NO
CASE SHALL IT CONTINUE FOR MORE THAN ONE YEAR, and no fraction or part of a day shall be counted
against the prisoner.
(2) When the principal penalty imposed be only a FINE, (a) the subsidiary imprisonment shall NOT EXCEED
SIX MONTHS, (b) if the culprit shall have been prosecuted for a GRAVE OR LESS GRAVE FELONY, and
shall NOT EXCEED FIFTEEN DAYS, if for a LIGHT FELONY.
(3) When the principal imposed is HIGHER THAN PRISION CORRECCIONAL, NO SUBSIDIARY IMPRISONMENT
SHALL BE IMPOSED UPON THE CULPRIT.
(4) If the principal penalty imposed is not to be executed by confinement in a penal institution, (a) but such
penalty is of fixed duration, (b) the convict, during the period of time established in the preceding rules,
(c) shall continue to suffer the same deprivations as those of which the principal penalty consists.
(5) The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not
relieve him, from the fine in case his financial circumstances should improve. (As amended by RA 5465,
April 21, 1969)
SUBSIDIARY PENALTY – it is personal liability to be suffered by the convict who has no property
with which to meet the fine at the rate of one day for each amount equivalent to the highest
minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of
conviction by the trial court, subject to the rules provided for in Articles 39
Notes:
a) 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. (Ramos v. Gonong) Hence SI must be imposed in the
judgement of conviction.
b) A convict who has property not exempt from execution sufficient enough to meet the
fine cannot choose to serve the subsidiary penalty.
c) Subsidiary imprisonment is not an accessory penalty. Hence, it must be specifically
imposed by the court in its judgement, otherwise the accused cannot be made to serve
the corresponding subsidiary imprisonment.
Rules as to subsidiary imprisonment:

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(1) If the penalty imposed is prision correcccional or arresto and fine – subsidiary imprisonment
not to exceed 1/3 of the term of the sentence, and in no case to continue for more than 1
year. Fraction or part of the day not counted.
(2) When the penalty imposed is fine only – subsidiary imprisonment, not to exceed 6 months, if
the culprit is prosecuted for grave or less grave felony, and not to exceed 15 days, if
prosecuted for light felony.
(3) When the penalty imposed is higher than prision correccional – no subsidiary imprisonment.
(4) If the penalty imposed is not to be executed by confinement, but of fixed duration –
subsidiary penalty shall consist in the same deprivations as those of the principal penalty,
under the same rules as in Nos. 1, 2 and 3 above.
(5) In case the financial circumstances of the convict should improve, he shall pay the fine,
notwithstanding the fact that the convict suffered subsidiary penalty thereof.
No subsidiary penalty in the following cases:

(1) When the penalty imposed is higher than prision correccional. (Art. 39 par. 3)
(2) For failure to pay the reparation of the damage caused, indemnification of the
consequential damages, and the costs of the proceedings.
(3) When the penalty imposed is fine and a penalty not to be executed by confinement in a
penal institution and which has no fixed duration.
(4) The subsidiary penalty, though properly imposable is not expressly stated in the judgement.
Note:
(1) It is the penalty actually imposed by the court, NOT the penalty provided for by the Code,
which should be considered in determining whether or not subsidiary penalty should be
imposed.
(2) The rules on subsidiary penalty in Art. 39 are applicable to crimes punishable by special laws
by force of Art. 10 of the Code.
COMPLEX CRIMES AND SPECIAL COMPLEX CRIMES

Plurality of Crimes - Consists of the successive execution by the same individual of different
criminal acts for any of which no conviction has yet been declared.
Plurality of Crimes Recidivism
There is no conviction for any of the crimes There must be conviction by final judgment of
committed. the first or prior offense.
KINDS OF PLURALITY OF CRIMES:

(1) Real or Material Plurality
(a) There are different crimes in law as well as in the conscience of the offender.
(b) In such cases, the offender shall be punished for each and every offense that he committed.

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(2) Formal or Ideal Plurality

(a) There is but one criminal liability in this kind of plurality.
(b) DIVIDED INTO 3 GROUPS:
(i) Complex Crimes - When the offender commits either of the complex crimes defined in
Art. 48 of the Code.
(ii) Special Complex Crimes/composite crimes- When the law specifically fixes a single
penalty for 2 or more offenses committed.
(iii) Continuing and Continued Crimes - a term used to denote as only one crime a series of
felonious acts arising from a SINGLE CRIMINAL RESOLUTION, not susceptible of division, which are
carried out in the same place and at about the same time, and violating one and the same
penal provision.
COMPLEX CRIMES
Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other, the penalty for THE MOST
SERIOUS CRIME SHALL BE IMPOSED, THE SAME TO BE APPLIED IN ITS MAXIMUM PERIOD.
Note: Art. 48 requires the commission of at least 2 crimes. But the two or more GRAVE or LESS
GRAVE felonies must be the result of a single act, or an offense must be a necessary means for
committing the other.
Nature of complex crimes (a) Although two or more crimes are actually committed, they
constitute only one crime, in the eyes of the law; and in the conscience of the offender. (b)
Even in the case where an offense is a necessary means for committing the other, the evil intent
of the offender is only one.
TWO KINDS OF COMPLEX CRIMES

1. Compound Crime
2. Complex Crime Proper
(1) COMPOUND CRIME (Delito Compuesto) A single act results in two or more grave or less grave
felonies.
Requisites:
(a) That only a single act is performed by the offender
(b) That the single acts produces: (i) 2 or more grave felonies, or (ii) 1 or more grave and 1 or
more less grave felonies, or (iii) 2 or more less grave felonies
Note:
Light felonies produced by the same act should be treated and punished as SEPARATE OFFENSES
or may be ABSORBED BY THE GRAVE FELONY.
Compound crimes under Art. 48 is also applicable to crimes THROUGH NEGLIGENCE. Thus, a
municipal mayor who accidentally discharged his revolver, killing a girl and injuring a boy was
found guilty of complex crime of homicide with less serious physical injuries through reckless

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imprudence. (People v. Castro)- This rule, however, is not applicable in case of complex crime
proper.
Example of a compound crime:

(1) The victim was killed while discharging his duty as barangay captain to protect life and
property and enforce law and order in his barrio.
The crime is a COMPLEX CRIME OF HOMICIDE WITH ASSAULT UPON A PERSON IN
AUTHORITY.
(2) When in obedience to an order several accused simultaneously shot many persons,
without evidence how many each killed, there is only a single offense, there being a
single criminal impulse.
(2) COMPLEX CRIME PROPER (Delito Complejo)

An offense is a necessary means for committing the other.
⮚ In complex crime, when the offender executes various acts, he must have a single purpose.
Requisites:
(1) That at least two offenses are committed
(2) That one or some of the offenses must be necessary to commit the other
(3) That both or all the offenses must be punished under the same statute.
No complex crime proper:

(1) Subsequent acts of intercourse, after forcible abduction with rape, are separate acts of rape.
(2) Not complex crime when trespass to dwelling is a direct means to commit a grave offense.
(3) No complex crime, when one offense is committed to conceal the other.
(4) When the offender already had in his possession the funds which he misappropriated, the
subsequent falsification of a public or official document involving said offense is a separate
offense.
(5) No complex crime where one of the offenses is penalized by a special law.
(6) THERE IS NO COMPLEX CRIME OF REBELLION WITH MURDER, ARSON, ROBBERY, OR OTHER
COMMON CRIMES (PEOPLE V. HERNANDEZ; ENRILE V. SALAZAR).
(7) In case of continuous crimes.
(8) When the other crime is an indispensable element of the other offense.
Rules in Article 48 are NOT applicable:

1. When the crimes subject of the case have common elements;
2. When the crimes involved are subject to the rule of absorption of one crime by the other.
3. Where the two offenses resulting from a single act are specifically punished as a single crime,
such as less serious physical injuries with serious slander of deed, since this is punished under
Art. 265 par. 2, as the single crime of less serious physical injuries with ignominy.
4. In special complex crimes or composite crimes.
5. When the crimes involved cannot be legally complexed.
(1) Malicious obtention or abusive service of search warrant (Art. 129) with perjury;
(2) Bribery (Art. 210) with infidelity in the custody of prisoners;
(3) Maltreatment of prisoners (Art. 235) with serious physical injuries;

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(4) Usurpation of real rights (Art. 312) with serious physical injuries; and
(5) Abandonment of persons in danger (Art. 275) and crimes against minors (Art. 276 to 278)
with any other felony.
SPECIAL COMPLEX/COMPOSITE CRIMES

Those which are treated as single indivisible offenses although comprising more than one
specific crime and with specific penalty.
Special Complex Crimes:
(a) Robbery with Homicide (Art. 294 (1))
Note: Additional homicide NOT aggravating.
(b) Robbery with Rape (Art. 294 (2))
Note: Additional rape NOT aggravating.
(c) Robbery with Arson
(d) Kidnapping with serious physical injuries (Art. 267 (3))
(e) Kidnapping with rape
Note: kidnapping with rape is different from abduction with rape. In the latter, there is lewd
design.
(f) Rape with Homicide (Art. 335)
Note: The homicide must ALWAYS be consummated, otherwise, separate crimes. The
rape may either be consummated or attempted.
(g) Arson with homicide
People vs. Malngan September 26, 2006

There is no complex crime of Arson with (multiple) homicide.
RULES: If the main objective is the burning of the building, but death results by reason or on the
occasion of arson, the crime is simply arson, and the resulting homicide, is ABSORBED.
If, on the other hand, the main objective is to kill a particular person who may be in the building
or edifice, when fire is resorted to as means to accomplish such goal the crime committed is
murder only.
If the objective is to kill a particular person, and in fact the offender has already done so, but fire
is resorted to as a means to cover up the killing, then there are two separate and distinct crimes
committed- homicide/murder and arson.
Ordinary Complex Crime Special Complex Crime
As to their concept

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It is MADE UP OF TWO OR MORE CRIMES It is made up of two or more crimes which are
BEING PUNISHED IN DISTINCT PROVISIONS OF considered as ONE SINGLE INDIVISIBLE
THE RPC but alleged in one information either OFFENSE being punished in one provision of
because one offense is a necessary means the rpc
for committing the other offense or offenses
as to penalty
Penalty for the most serious crime shall be It is the penalty specifically provided for the
imposed in its maximum period special complex crime that shall be applied
CONTINUOUS CRIME
Continuous Crime – a single crime consisting of a series of acts, but all arising from ONE CRIMINAL
RESOLUTION. Length of time in the commission is immaterial.
Requisites:
1. Multiplicity of acts;
2. Unity of criminal purpose or intent; and
3. Unity of criminal offense violated.
Note: NOT A COMPLEX CRIME because the offender does not perform a single act but a series of
acts, and one offense is not a necessary means of committing the other. Hence, the penalty is
not to be imposed in its maximum period.
Article 49
PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS
DIRREFENT FROM THAT INTENDED
Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that
intended. — In cases in which the felony committed is different from that which the offender intended to
commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense
which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its
maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which
the accused intended to commit, the penalty for the former shall be imposed in its maximum period.
3. THE RULE ESTABLISHED BY THE NEXT PRECEDING PARAGRAPH SHALL NOT BE APPLICABLE IF THE ACTS
COMMITTED BY THE GUILTY PERSON SHALL ALSO CONSTITUTE AN ATTEMPT OR FRUSTRATION OF ANOTHER
CRIME, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty
provided for the attempted or the frustrated crime shall be imposed in its maximum period.
HOW TO DETERMINE PENALTY TO BE IMPOSED

General rule: The penalty prescribed by law in general terms shall be imposed upon the
principals for consummated felony
Exception: The exception is when the penalty to be imposed upon the principal in frustrated or
attempted felony is fixed by law.

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There are two ways to graduate penalties:

(1) By Degrees, which is affected by the following factors:
(a) Stage of Execution (consummated, frustrated, or attempted)
(b) Extent of Participation (principal, accomplice, or accessory)
(c) Privileged mitigating circumstances
(d) Qualifying circumstances
(e) Indeterminate Sentence Law (minimum, which is within the range of the penalty 1 degree
lower than the penalty prescribed by the RPC)
(2) By Periods (for divisible penalties, i.e., penalties with minimum, medium, and maximum
periods), refers to the proper period of the penalty which should be imposed when ordinary
mitigating or aggravating circumstances attend the commission of the crime.
A DEGREE is one entire penalty, one whole penalty or one unit of the penalties enumerated in
the graduated scales provided for in Art. 71. Each of the penalties of reclusion perpetua,
reclusion temporal, prision mayor, etc., enumerated in the graduated scales of Art. 71 is a
degree. When there is a mitigating or aggravating circumstance, the penalty is lowered or
increased by PERIOD only EXCEPT when the penalty is divisible and there are two or more
mitigating and without aggravating circumstances, in which case the penalty is lowered by
degree.
A PERIOD is one of the three equal portions called the minimum, medium and maximum of a
divisible penalty.
ARTICLE 61
RULES FOR GRADUATING PENALTIES.
For the purpose of graduating the penalties which, according to the provisions of Articles 50 to 57, inclusive,
of this Code, are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or
as accomplices or accessories, the following rules shall be observed:
(1) When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees
shall be that immediately following that indivisible penalty in the respective graduated scale
prescribed in Article 71 of this Code.
(2) When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more
divisible penalties to be impose to their full extent, the penalty next lower in degree shall be that
immediately following the lesser of the penalties prescribed in the respective graduated scale.
(3) When the penalty prescribed for the crime is composed of one or two indivisible penalties and the
maximum period of another divisible penalty, the penalty next lower in degree shall be composed of
the medium and minimum periods of the proper divisible penalty and the maximum periods of the
proper divisible penalty and the maximum period of that immediately following in said respective
graduated scale.
(4) When the penalty prescribed for the crime is composed of several periods, corresponding to different
divisible penalties, the penalty next lower in degree shall be composed of the period immediately
following the minimum prescribed and of the two next following, which shall be taken from the penalty
prescribed, if possible; otherwise from the penalty immediately following in the above mentioned
respective graduated scale.

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(5) When the law prescribes a penalty for a crime in some manner not especially provided for in the four
preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those
guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices
and accessories.
The INDIVISIBLE PENALTIES are:

(1) death
(2) reclusion perpetua
(3) Perpetual absolute or special disqualification
(4) public censure
The DIVISIBLE PENALTIES are:

(1) reclusion temporal
(2) prision mayor
(3) prision correccional
(4) arresto mayor
(5) destierro
(6) arresto menor
The divisible penalties are divided into three periods: MINIMUM, MEDIUM AND THE MAXIMUM.
FIRST RULE: When the penalty is single and indivisible.

(a) Ex. reclusion perpetua
(b) The penalty immediately following it is reclusion temporal.
(c) Thus, reclusion temporal is the penalty next lower in degree.
SECOND RULE (a): When the penalty is composed of two indivisible penalties
(a) Ex. reclusion perpetua to death
(b) The penalty immediately following the lesser of the penalties, which is reclusion perpetua, is
reclusion temporal.
SECOND RULE (b): When the penalty is composed of one or more divisible penalties to be
imposed to their full extent
(a) Ex. prision correccional to prision mayor
(b) The penalty immediately following the lesser of the penalties of prision correccional to prision
mayor is arresto mayor.
THIRD RULE (a): When the penalty is composed of two indivisible penalties and the maximum
period of a divisible penalty
(a) Ex. reclusion temporal in its MAXIMUM period to death
(b) The MEDIUM and MINIMUM period of the divisible penalty and the MAXIMUM of that
immediately following penalty is the penalty next lower in degree.
Death Penalty for the principal

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Reclusion
Perpetua
in consummated murder
Maximum
Reclusion
Medium
Temporal Penalty for accomplice;
Minimum or for principal in
frustrated murder
Maximum
Prision Mayor Medium
Minimum
THIRD RULE (b): When the penalty is composed of one indivisible penalty and the maximum
period of a divisible penalty.
(a) Ex. Reclusion temporal in its MAXIMUM period to Reclusion perpetua
(b) The same rule shall be observed in lowering the penalty by one or two degrees.
FOURTH RULE: When the penalty is composed of several periods.

(a) Ex. Prision Mayor in its MEDIUM period to Reclusion temporal in its MINIMUM period.
(b) This rule contemplates a penalty composed of at least 3 periods.
(c) The several periods must correspond to different divisible penalties.
Maximum
Reclusion
Medium
Temporal
Minimum
Penalty for the principal in
Maximum
the consummated felony
Prision Mayor Medium
Minimum
Penalty for the accomplice;
Maximum or principal in frustrated
Prision felony
Medium
Correccional
Minimum

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FIFTH RULE (a): When the penalty has two periods

Ex. Prision correccional in its MINIMUM and MEDIUM periods
Maximum
Prision
Medium
Correccional The penalty prescribed for
the felony
Minimum
Maximum
The penalty next lower
Arresto Mayor Medium
Minimum
FIFTH RULE (b): When the penalty has one period.

(a) Ex. Prision Mayor in its MAXIMUM period
(b) If the penalty is any one of the three periods of a divisible penalty, the penalty next lower in
degree shall be that period next following the given penalty.
(c) The penalty immediately inferior is prision mayor in its MEDIUM period.
SIMPLIFIED RULES:
The rules prescribed in pars. 4 and 5 of Art. 61 may be simplified as follows:
(1) If the penalty prescribed by the Code consists in 3 periods, corresponding to different divisible
penalties, the penalty next lower in degree is the penalty consisting in the 3 periods down in
the scale.
(2) If the penalty prescribed by the Code consists in 2 periods, the penalty next lower in degree is
the penalty consisting in 2 periods down in the scale.
(3) If the penalty prescribed by the Code consists in only 1 period, the penalty next lower in
degree is the next period down in the scale.
ARTICLE 62
EFFECTS OF MITIGATING AND AGGRAVATING CIRCUMSTANCES
What are the effects of the attendance of mitigating or aggravating circumstances?

(1) Aggravating circumstances which are NOT considered for the purpose of increasing the
penalty:
(a) Those that constitute a separate crime punishable by law.
(b) Those that are inherent in the crime committed:
(i) Included by law in defining the crime

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(ii) Inherent in the crime but of necessity they accompany the commission thereof
(2) Aggravating or mitigating circumstances that serve to aggravate or mitigate the liability of
the offender to whom such are attendant. Those arising from:
(a) Moral attributes of the offender
(b) His private relations with the offended party
(c) Any other personal cause
(3) Aggravating or mitigating circumstances that affect the offenders only who had knowledge
of them at the time of the execution of the act or their cooperation therein.
WHAT ARE THE LEGAL EFFECTS OF HABITUAL DELINQUENCY?

Third conviction. The culprit is sentenced to the penalty provide by law for the crime committed
and to the additional penalty of prision correccional in its medium and maximum period.
Fourth conviction. The penalty is that provided by law for the last crime and the additional
penalty of prision mayor in its minimum and medium periods.
Fifth or additional conviction. The penalty is that provided by law for the last crime and the
additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum
period.
Note:
(a) In no case shall the total of the 2 penalties imposed upon the offender exceed 30 years.
(b) It is simply a punishment on future crimes on account of the criminal propensities of the
accused.
(c) The imposition of such additional penalties is MANDATORY and is not discretionary.
(d) Habitual delinquency applies at any stage of the execution because subjectively, the
offender reveals the same degree of depravity or perversity as the one who commits a
consummated crime.
(e) In determining the court’s jurisdiction, additional penalty is NOT considered.
Cases where attending aggravating or mitigating circumstances are not considered in the
imposition of penalties:
(1) Penalty that is single and indivisible
(2) Felonies through negligence
(3) When the penalty is a fine
(4) When the penalty is prescribed by a special law.
ARTICLE 63
RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES
Art. 63. Rules for the application of indivisible penalties.
Rules for the application of indivisible penalties:

(a) Penalty is single and indivisible

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(1) The penalty shall be applied regardless of the presence of mitigating or aggravating
circumstances.
(2) Ex. reclusion perpetua or death
(b) Penalty is composed of 2 indivisible penalties:

(1) One aggravating circumstance present: HIGHER penalty
(2) No mitigating circumstances present: LESSER penalty
(3) Some mitigating circumstances present and no aggravating: LESSER penalty
(4) Mitigating and aggravating circumstances offset each other
Note: When the penalty is composed of two indivisible penalties, the penalty cannot be lowered
by one degree, no matter how many ordinary mitigating circumstances are present EXCEPT
when a privileged mitigating circumstance under Art. 68 or 69 is present.
ARTICLE 64
RULES FOR THE APPLICATION OF PENALTIES WHICH CONTAIN THREE PERIODS
Rules for the application of DIVISIBLE PENALTIES

(1) No aggravating and No mitigating: MEDIUM PERIOD
(2) One mitigating: MINIMUM PERIOD
(3) One aggravating: (but regardless of the number of aggravating circumstances, the courts
cannot exceed the penalty provided by law in its maximum period): MAXIMUM PERIOD
(4) Mitigating and aggravating circumstances present: to offset each other according to
relative weight
(5) 2 or more mitigating and no aggravating: one degree lower (has the effect of a privileged
mitigating circumstance)
NOTE: Art. 64 does not apply to:

(1) indivisible penalties
(2) penalties prescribed by special laws
(3) fines
(4) crimes committed by negligence
ARTICLE 65
RULE IN CASES IN WHICH THE PENALTY IS NOT COMPOSED OF THREE PERIODS.
In cases in which the penalty prescribed by law is not composed of three periods, the courts
shall apply the rules contained in the foregoing articles, dividing into three equal portions of time
included in the penalty prescribed, and forming one period of each of the three portions.
Meaning of the Rule

(a) Compute and determine first the 3 periods of the entire penalty.
(b) The time included in the penalty prescribed should be divided into 3 equal portions, after
subtracting the minimum (eliminate the 1 day) from the maximum of the penalty.

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(c) The minimum of the minimum period should be the minimum of the given penalty (including
the 1 day).
(d) The quotient should be added to the minimum prescribed (eliminate the 1 day) and the total
will represent the maximum of the minimum period.
(1) Take the maximum of the minimum period, add 1 day and make it the minimum of the
medium period; then add the quotient to the minimum (eliminate the 1 day) of the
medium period and the total will represent the maximum of the medium period.
(2) Take the maximum of the medium period, add 1 day and make it the minimum of the
maximum period; then add the quotient to the minimum (eliminate the 1 day) of the
maximum period and the total will represent the maximum of the maximum period.
ARTICLE 66
IMPOSITION OF FINES
Outline of the provision:
1. The court can fix any amount of the fine within the limits established by law.
2. The court must consider:
a. the mitigating and aggravating circumstances; and
b. more particularly, the wealth or means of the culprit.
3. The court may also consider:
a. the gravity of the crime committed;
b. the heinousness of its perpetration; and
c. the magnitude of the effects on the offender’s victims
Note: When the MINIMUM of the fine is not fixed by law, the determination of the amount of fine is
left to the sound discretion of the court, provided it shall not exceed the maximum authorized by
law.
ARTICLE 67 PENALTY TO BE IMPOSED WHEN NOT ALL THE REQUISITES OF EXEMPTION OF THE
FOURTH CIRCUMSTANCE OF ARTICLE 12 ARE PRESENT.
When all the conditions required in circumstances Number 4 of Article 12 of this Code to exempt from
criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional
in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and
arresto mayor in its minimum and medium periods, if of a less grave felony.
Penalty to be imposed if the requisites of accident (Art. 12 par 4) are not all present:
(a) GRAVE FELONY: arresto mayor maximum period to prision correccional minimum period
(b) LESS GRAVE FELONY: arresto mayor minimum period and medium period
ARTICLE 68
PENALTY IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE
Notes:

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(a) Art. 68 applies to such minor if his application for suspension of sentence is disapproved or if
while in the reformatory institution, he becomes incorrigible in which case he shall be
returned to the court for the imposition of the proper penalty.
(b) 9 to 15 years only with discernment: at least 2 degrees lower.
(c) 15 to 18 years old: penalty next lower in degree
(d) Except if the act is attended by two or more mitigating and no aggravating circumstance,
the penalty being divisible, a minor over 15 but under 18 years old may still get a penalty two
degrees lower.
(e) Art. 68 provides for two of the PRIVILEGED MITIGATING CIRCUMSTANCES
Article 69
PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS NOT WHOLLY EXCUSABLE.
A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt
from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such
conditions be present. The courts shall impose the penalty in the period which may be deemed proper, in
view of the number and nature of the conditions of exemption present or lacking.
It is the discretion of the court to lower the penalty by one or two degrees
THREE-FOLD RULE (ART. 70)

Art. 70. Successive service of sentence. When the culprit has to serve two or more penalties, he shall serve
them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be
observed:
In the imposition of the penalties, the order of their respective severity shall be followed so that they may be
executed successively or as nearly as may be possible, should a pardon have been granted as to the
penalty or penalties first imposed, or should they have been served out.
For the purpose of applying the provisions of the next preceding paragraph the respective severity of the
penalties shall be determined in accordance with the following scale:
(1) Death,
(2) Reclusion perpetua,
(3) Reclusion temporal,
(4) Prision mayor,
(5) Prision correccional,
(6) Arresto mayor,
(7) Arresto menor,
(8) Destierro,
(9) Perpetual absolute disqualification,
(10) Temporal absolute disqualification.
(11) Suspension from public office, the right to vote and be voted for, the right to follow a profession or
calling, and
(12) Public censure

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Notwithstanding the provisions of the rule next proceeding, the maximum duration of the convict's
sentence shall not be more than three-fold the length of time corresponding to the most severe of the
penalties imposed upon him.
No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals
the same maximum period.
SUCH MAXIMUM PERIOD SHALL IN NO CASE EXCEED FORTY YEARS.
IN APPLYING THE PROVISIONS OF THIS RULE, THE DURATION OF PERPETUAL PENALTIES SHALL BE COMPUTED AT
THIRTY YEARS.
Outline of the provisions of this Article:

(1) When the culprit has to serve 2 or more penalties, he shall serve them simultaneously if the
nature of the penalties will so permit.
(2) Otherwise, the order of their respective severity shall be followed.
What are the penalties that may be served simultaneously?

ANSWER:
The penalties that may be served simultaneously are imprisonment/destierro and:
1. Perpetual absolute disqualification;
2. Perpetual special disqualification;
3. Temporary absolute disqualification;
4. Temporary special disqualification;
5. Suspension from public office, the right to vote and be voted for, and the right to follow a
profession or calling;
Fine; and any principal penalty with its accessory penalties.
Note:
(a) Penalties consisting in deprivation of liberty cannot be served simultaneously by reason of the
nature of such penalties.
(b) Destierro cannot be served simultaneously with imprisonment.
THREE-FOLD RULE (3:4:40)

Rule 1: The maximum duration of the convict’s sentence shall NOT BE MORE THAN THREE TIMES
the length of time corresponding to the most severe of the penalties imposed upon him.
(a) The phrase “the most severe of the penalties” includes equal penalties.
Rule 2: The three-fold rule applies only when the convict has to serve at least four sentences.
(a) All the penalties, even if by different courts at different times, cannot exceed three-fold
the most severe.
(b) The Rules of Court specifically provide that any information must not charge more than
one offense.
(c) Necessarily, the various offense punished with different penalties must be charged under
different information which may be filed in the same court or in different courts, at the same
time or at different times.
(d) Subsidiary imprisonment forms part of the penalty.
(f) Indemnity is a penalty.

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Rule 3: Court must impose all the penalties for all the crimes of which the accused is found
guilty, but in the service of the same, they shall not exceed three times the most severe and
shall not exceed 40 years.
Note: Applies to the period to be SERVED; note IMPOSED.
DIFFERENT SYSTEM OF PENALTY:

a) Material Accumulation System
No limitation whatever, and accordingly, all the penalties for all the violations were imposed
even if they reach beyond the natural span of human life.
b) Juridical Accumulation System

Limited to not more than three-fold the length of time corresponding to the most severe and
in no case to exceed 40 years.
c) Absorption System
The lesser penalties are absorbed by the graver penalties.
Article 71
GRADUATED SCALES
In the case in which the law prescribed a penalty lower or higher by one or more degrees than
another given penalty, the rules prescribed in Article 61 shall be observed in graduating such
penalty.
The lower or higher penalty shall be taken from the graduated scale in which is comprised the
given penalty.
The courts, in applying such lower or higher penalty, shall observe the following graduated
scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification

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3. Suspension from public office, the right to vote and be voted for, the right to follow a
profession or calling,
4. Public censure,
5. Fine.
INDETERMINATE SENTENCE LAW (RA 4103, AS AMENDED)

The Indeterminate Sentence is composed of:
(1) A MAXIMUM TERM – that which properly imposed under the RPC, considering the
aggravating and mitigating circumstances.
(2) A MINIMUM TERM – within the range of penalty one degree lower than that prescribed by the
RPC without considering the circumstances.
Purpose of the law: to uplift and redeem valuable human material and prevent unnecessary and
excessive deprivation of liberty and economic usefulness.
ISL does not apply to destierro. ISL is expressly granted to those who are sentenced to
imprisonment exceeding 1 year.
RULES FOR DETERMINING THE MAXIMUM AND MINIMUM SENTENCE

(1) It consists of a maximum and a minimum instead of a single fixed penalty.
(2) Prisoner must serve the minimum before he is eligible for PAROLE.
(3) The period between the minimum and maximum is indeterminate in the sense that the
prisoner may be exempted from serving said indeterminate period in whole or in part.
(4) The maximum is determined in any case punishable under the RPC in accordance with the
rules and provisions of said code exactly as if the ISL had never been enacted.
(5) Apply first the effect of privileged mitigating circumstances then considers the effects of
aggravating and ordinary mitigating circumstances.
(6) The minimum depends upon the court’s discretion with the limitation that it must be within the
range of the penalty next lower in degree to that prescribed by the Code for the offense
committed.
COVERAGE
The law does not apply to certain offenders:
(1) Persons convicted of offense punished with death penalty or life imprisonment (or reclusion
perpetua).
(2) Those convicted of treason, conspiracy or proposal to commit treason.
(3) Those convicted of misprision of treason, rebellion, sedition or espionage.
(4) Those convicted of piracy.
(5) Those who are habitual delinquents (but applies to recidivists).
(6) Those who shall have escaped from confinement or evaded service of sentence.
(7) Those who violated the terms of conditional pardon granted to them by the Chief Executive.
(8) Those whose maximum term of imprisonment does not exceed one year.

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(9) Those who, upon the approval of the law, had been sentenced by final judgment. (no
retroactive application of the law)
(10) Those sentenced to the penalty of destierro or suspension ONLY.
NOTE:
a) A recidivist for the first time may be given the benefits of the ISL.
b) Note: A minor who escaped from confinement in the reformatory is entitled to the benefits of
the ISL because his confinement is not considered imprisonment.
EXECUTION AND SERVICE EXECUTION OF PENALTIES

Art. 78. When and how a penalty is to be executed.
No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any
other form than that prescribed by law, nor with any other circumstances or incidents than those expressly
authorized thereby. In addition to the provisions of the law, the special regulations prescribed for the
government of the institutions in which the penalties are to be suffered shall be observed with regard to (a)
the character of the work to be performed, (b) the time of its performance, and other incidents
connected therewith, (c) the relations of the convicts among themselves and other persons, (d) the relief
which they may receive, and (e) their diet.
The regulations shall make provision for the separation of the sexes in different institutions, or at least into
different departments and also for the correction and reform of the convicts.
Notes:
(a) The judgment must be final before it can be executed , because the accused may still
appeal within 15 days from its promulgation.
Judgment becomes final:
1. after the lapse of the period for perfecting an appeal;
2. When the sentence has been partly or totally satisfied or served;
3. The defendant has expressly waived in writing his right to appeal. (Rules of Court)
(b) But if the defendant has expressly waived in writing his right to appeal, the judgment
becomes final and executory.
(c) A penalty shall be executed in the form prescribed by law and with any circumstances or
incidents expressly authorized thereby.
Article 79
SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY. —
When a convict shall become insane or an imbecile after final sentence has been pronounced, the
execution of said sentence shall be suspended ONLY WITH REGARD TO THE PERSONAL PENALTY, the
provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the
corresponding cases.
If at any time the convict shall recover his reason, HIS SENTENCE SHALL BE EXECUTED, UNLESS THE PENALTY
SHALL HAVE PRESCRIBED in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the
convict is serving his sentence.
NOTE: Only execution of personal penalty is suspended: civil liability may be executed even in
case of insanity of convict.

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An accused may become insane:

(1) at the time of commission of the crime exempt from criminal liability
(2) at the time of the trial court shall suspend hearings and order his confinement in a hospital
until he recovers his reason
(3) at the time of final judgment or while serving sentence execution suspended with regard to
the personal penalty only
ARTICLE 87
DESTIERRO
Any person sentenced to destierro shall not be permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25
kilometers from the place designated.
Destierro is imposed:
(a) When the death or serious physical injuries is caused or are inflicted under exceptional circumstances;
(b) When a person fails to give bond for good behavior in grave and light threats (Art. 284);
(c) As a penalty for the concubine in the crime of concubinage (Art. 334);
(d) When after lowering the penalty by degrees, destierro is the proper penalty.
Notes:
a. If the convict enters the prohibited area, he commits evasion of sentence.
b. Destierro is considered as a PRINCIPAL and DIVISIBLE penalty.
c. Crimes punishable by destierro lies with the MTC.
ARTICLE 88
ARRESTO MENOR
The penalty of arresto menor shall be served in the municipal jail, or in the house of the defendant himself
under the surveillance of an officer of the law, when the court so provides in its decision, taking into
consideration the health of the offender and other reasons which may seem satisfactory to it.
Service of the penalty of arresto menor:

(a) In the municipal jail
(b) In the house of the offender, but under the surveillance of an officer of the law for health or
other good reasons as determined by the court.
PROBATION LAW (PD 968, AS AMENDED BY R.A NO. 10707)

Probation – a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.
Note: Probation is not an absolute right. It is a mere privilege whose grant rests upon the
discretion of the trial court. Its grant is subject to certain terms and conditions that may be

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imposed by the trial court. Having the power to grant probation, it follows that the trial court also
has the power to order its revocation in a proper case and under appropriate circumstances.
THREE-FOLD PURPOSES (Sec. 2)

(1) Promote the correction and rehabilitation of an offender by providing him with individualized
treatment.
(2) Provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence.
(3) Prevent the commission of offenses.
GRANT OF PROBATION, MANNER AND CONDITIONS (SEC. 4)

GRANT OF PROBATION
SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall have
convicted and sentenced a defendant for a probationable penalty and upon application by said
defendant within the period for perfecting an appeal, suspend the execution of the sentence and place
the defendant on probation for such period and upon such terms and conditions as it may deem best. No
application for probation shall be entertained or granted if the defendant has perfected the appeal from
the judgment of conviction: Provided, That when a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, and such judgment is modified through the imposition of a probationable
penalty, the defendant shall be allowed to apply for probation based on the modified decision before such
decision becomes final. The application for probation based on the modified decision shall be filed in the
trial court where the judgment of conviction imposing a non-probationable penalty was rendered, or in
the trial court where such case has since been re-raffled. In a case involving several defendants where
some have taken further appeal, the other defendants may apply for probation by submitting a written
application and attaching thereto a certified true copy of the judgment of conviction.
The trial court shall, upon receipt of the application filed, suspend the execution of the sentence imposed
in the judgment.
This notwithstanding, the accused shall lose the benefit of probation should he seek a review of the
modified decision which already imposes a probationable penalty.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only . The filing of
the application shall be deemed a waiver of the right to appeal.
An order granting or denying probation shall not be appealable.”
Conditions of probation (Sec. 10)

Every probation order issued by the court shall contain conditions requiring that the probationer
shall:
(a) Present himself to the probation officer designated to undertake his supervision at such place
as may be specified in the order within 72 hours from receipt of the order;
(b) Report to the probation officer at least once a month at such time and place as specified by
said officer.
Criteria of placing an offender on probation (Sec. 8)

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In considering whether an offender may be placed on probation, the court shall consider all
information relative to the:
(1) character,
(2) antecedents,
(3) environment,
(4) mental,
(5) physical condition of the offender, and
(6) available institutional and community resources
Probation shall be denied if the court finds that:

(1) The offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or
(2) There is undue risk that during the period of probation the offender will commit another
crime; or
(3) Probation will depreciate the seriousness of the offense committed.
Offenders who are disqualified are those:

a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
b. convicted of any crime against the national security;
c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);
d. who have been once on probation under the provisions of this Decree;
e. who are already serving sentence at the time the substantive provisions of this Decree
became applicable.
(f) Those who appealed. Note: Does not apply to minor offenders. A CCL can apply probation
ANYTIME.
(g) Convicted of drug trafficking or drug pushing.
(h) Convicted of election offenses under Section 246 of the Omnibus Election Code
Period of probation (Sec. 14)

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more
than one year shall not exceed 2 years, and in all other cases, said period shall not exceed 6
years.
(b) When the sentence imposes a FINE ONLY and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor be
more than twice the total number of days of subsidiary imprisonment as computed at the
rate established in Art. 39 of the RPC, as amended. [Sec. 14]
NOTE OF THE RULE THAT WHEN THE SUBSIDIARY IMPRISONMENT WAS NOT ADJUDGED BY THE
TRIAL COURT, THE OFFENDER CANNOT BE SUBJECTED TO SUBSIDIARY IMPRISONMENT. HENCE,
THE ABOVE RULE DOES NOT APPLY WHEN THE TRIAL COURT DID THE ORDER SUBSIDIARY
IMPRISONMENT.
When is the period for filing of probation?

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Filing period is within the period for perfecting an appeal.
Where do you file your probation application? Trial Court

Does the law allow the simultaneous filing of probation and appeal? No. It’s either you file for
probation or you file for appeal. Only one choice, if you choose one then you are barred from
using the other.
What if the offender violates the conditions of his probation?

S/He shall serve the penalty imposed for the offense under which s/he was placed on probation.
Non-Applicability of the Probation Law for Drug Traffickers and Pushers. – Any person convicted
for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court,
cannot avail of the privilege granted by the Probation Law.
Arrest of probationer (Sec. 15)

At any time during probation, the court may issue a warrant for the arrest of a probationer for any serious
violation of the conditions of probation. The probationer, once arrested and detained, shall immediately be
brought before the court for a hearing of the violation charged. The defendant may be admitted to bail
pending such hearing. In such case, the provisions regarding release on bail of persons charged with a
crime shall be applicable to probationers arrested under this provision. In the hearing, which shall be
summary in nature, the probationer shall have the right to be informed of the violation charged and to
adduce evidence in his favor.
The court shall not be bound by the technical rules of evidence but may inform itself of all the facts which
are material and relevant to ascertain the veracity of the charge. The State shall be represented by a
prosecuting officer in any contested hearing. If the violation is established, the court may revoke or
continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer
to serve the sentence originally imposed. An order revoking the grant of probation or modifying the terms
and conditions thereof shall not be appealable.
Termination of probation; exception (Sec. 16)

SEC. 16. Termination of Probation. — After the period of probation and upon consideration of the report
and recommendation of the probation officer, the court may order the final discharge of the probationer
upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is
deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a
result of his conviction and to totally extinguish his criminal liability as to the offense for which probation
was granted.
(a) The expiration of the probation period alone does not automatically terminate
probation. Probation is not coterminous with its period. There must first be issued by the
court, an order of final discharge based on the report and recommendation of the
probation officer. Only from such issuance can the case of the probationer be deemed
terminated.

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(b) THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA 9165)

Exception: Non-applicability of the Probation Law for drug traffickers and pushers – Any person
convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the
Court, cannot avail of the privilege granted by the Probation Law or PD 968, as amended. [Sec.
24, RA 9344]
Effects of Termination of Probation:

1. Case is deemed terminated
2. Restoration of all civil rights
3. Fully discharges liability for any fine imposed.
4. Total extinction of criminal liability
NOTES:
A. Filing of an application for probation operates as a waiver of the right to appeal.
B. The order granting or denying probation shall not be appealable.
C. ACCESSORY PENALTIES ARE DEEMED SUSPENDED ONCE PROBATION IS GRANTED.
D. Civil aspect of the case is not affected, once probation is granted. The court must hear the
civil aspect.
E. The court may, after it shall have convicted and sentenced a child in conflict with the law,
and upon application at any time, place the child on probation, in lieu of his/her sentence,
taking into account the best interest of the child. (Section 4 is amended by RA 9344, see Section
42 thereof)
Pardon Probation
Includes any crime and is exercised Exercised individually by the trial court
individually by the President
Exercised when the person is already Exercised within the period of appeal.
convicted
MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY

Two kinds of extinguishment of criminal liability:
TOTAL EXTINGUISHMENT
(1) By prescription of crime
(2) By prescription of penalty
(3) By the death of the convict as to personal penalties; but as to pecuniary penalties, liability is
extinguished only when the death of the offender occurs before final judgment.
(4) By Service of sentence, however it does not extinguish civil liability
(5) By Amnesty
(6) By Absolute Pardon

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(7) By the marriage (in good faith) of the offended woman and the offender in the crimes of
rape, abduction, seduction and acts of lasciviousness. (Art. 344)
Effect of death of the accused pending appeal of his conviction

General Rule: The death of the accused pending the appeal of his conviction extinguishes his
criminal liability as well as his civil liability based solely on the offense committed.
Exception:
Civil liability arising from sources other than the crime (e.g. law, contracts, quasi-contracts and
quasi-delicts) committed survives and may be pursued in a separate civil action.
PARTIAL EXTINGUISHMENT
(1) By Conditional Pardon
(2) By Commutation of sentence
(3) For good conduct allowances which the culprit may earn while he is serving sentence
(4) By Parole
(5) By Probation
PARDON BY OFFENDED PARTY

Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does not extinguish
criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of
the injured party is extinguished by his express waiver.
This article states the extent of a pardon made by the offended party. Under this article, a
pardon does not extinguish the criminal liability of an offender except for cases under Article 344
(Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of
lasciviousness).
But the civil liability with regard to the interest of the injured party is extinguished.
PARDON BY THE CHIEF EXECUTIVE

Absolute Pardon
An act of grace, proceeding from the power entrusted with the execution of the laws. Exempts
the individual from the penalty of the crime he has committed.
Effects of Pardon of the President

Art. 36. Pardon; its effects. – A pardon shall not work the restoration of the right to hold public office, or the
right of suffrage, unless such rights be expressly restored by the terms of the pardon. A pardon shall in no
case exempt the culprit from the payment of civil indemnity imposed upon him by the sentence.
Effects:
(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.
Limitations upon the exercise of pardoning power

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(1) That the power can be exercised only after conviction. Thus in applying for pardon, the
convict must not appeal the judgment of conviction or the appeal must be abandoned.
(2) That such power does not extend to cases of impeachment.
Pardon by the Chief Executive (Art. 36) Pardon by the Offended Party (Art. 23)
Extinguishes the criminal liability of the offender. Does not extinguish criminal liability. Although it
may constitute a bar to the prosecution of the: (1)
crimes of seduction, abduction and acts of
lasciviousness by the valid marriage of the
offended party and the offender; and (2) in
adultery and concubinage, by the express or
implied pardon by the offended spouse.
Cannot include civil liabilities which the offender The offended party can waive the civil liability
must pay. which the offender must pay.
Conditional or Absolute Cannot be conditional
Granted only after the conviction. Pardon should be given before the institution of
criminal prosecution.
Can extend to any crime, unless otherwise Applies only to crimes against chastity and rape.
provided by or subject to conditions in the
Constitution or the laws.
PRESCRIPTION OF CRIME
Definition: The forfeiture or loss of the right of the State to prosecute the offender, after the lapse
of a certain period of time.
General rule: Prescription of the crime begins on the day the crime was committed.
Exception: The crime was concealed, not public, in which case, the prescription thereof would
only commence from the time the offended party or the government learns of the commission
of the crime.
Difference between Prescription of Crime and Prescription of the Penalty

Prescription of crime Prescription of the penalty
Forfeiture of the State to prosecute after a Forfeiture to execute the final sentence after
lapse of a certain time the lapse of a certain time

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Question: What happens when the last day of the prescriptive period falls on a Sunday or legal
holiday? Answer: The information can no longer be filed on the next day as the crime has
already prescribed.
Prescriptive Periods of Crimes

(1) Crimes punishable by death, reclusion perpetua or reclusion temporal – 20 years
(2) Afflictive penalties- 15 years
(3) Correctional penalties – 10 years EXCEPT those punishable by arresto mayor which shall
prescribe in 5 years.
Note: When the penalty fixed by law is a compound one, the HIGHEST penalty shall be made a
basis
(5) Libel- 1 year
(6) Oral defamation and slander by deed - 6 months
(7) Simple slander - 2 months
(8) Grave slander - 6 months
(9) Light offenses - 2 months
(10) Crimes punishable by fines
a) Fine is afflictive – 15 years
b) Fine is correctional – 10 years
c) Fine is light – 2 months
Prescriptive periods under special laws and municipal ordinances (Act 3763, amending Act
3326)
(1) Offenses punished only by fine or imprisonment for not more than one month or both - 1 year
(2) Imprisonment for more than one month, but less than two years - 4 years
(3) Imprisonment for two years but less than six years - 8 years
(4) Imprisonment for six years or more - 12 years
(5) Offenses under Internal Revenue Law - 5 years
(6) Violations of municipal ordinances - 2 months
(7) Violations of the regulations or conditions of certificate of convenience by the Public Service
Commission - 2 months
Note:
(1) When prescription of violations penalized by special laws and ordinances begins to run
Prescription shall begin to run from the day of the commission of the violation of the law, and if
the same be not known at the time, from the discovery thereof and the institution of judicial
proceeding for its investigation and punishment. (Sec. 2, Act No. 3326)
(2) When prescription interrupted

The prescription shall be interrupted when proceedings are instituted against the guilty person,
and shall begin to run again if the proceedings are dismissed for reasons not constituting
jeopardy. (Sec. 2, Act No. 3326)

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COMPUTATION OF PRESCRIPTION OF OFFENSES (ART. 91)

Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from
the day on which the crime is discovered by the offended party, the authorities, or their agents , and shall
be interrupted by the filing of the complaint or information, and shall commence to run again when such
proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
(1) Commences to run from the day on which the crime is discovered by the offended party,
the authorities or their agents.
(2) Interrupted by the filing of complaint or information (with the prosecutor)
Note: Exception: in cases falling under the Rules on Summary Procedure (must be filed with the court)
and when filed with the punong barangay (interruption should not exceed 60 days)
(3) It shall commence to run again when such proceedings terminate without the accused
being convicted or acquitted, or unjustifiably stopped for any reason not imputable to the
accused.
Note: Termination must be FINAL as to amount to a jeopardy that would bar a subsequent
prosecution.
(4) The term of prescription shall not run when the offender is absent from the Philippine
archipelago.
(5) For continuing crimes, prescriptive period cannot begin to run because the crime does not
end.
Effect of filing an amended complaint or information upon period of prescription

If the amendment charges a different crime, the date of the amended complaint or information
should be considered. If it is merely a correction of a defect, the date of the original complaint
or information should be considered.
PRESCRIPTION OF PENALTIES (ART. 92)

Definition: The loss or forfeiture of the right of the government to EXECUTE the final sentence after
the lapse of a certain period of time. Prescription of penalties is based on the penalty imposed.
Prescriptive Periods of Penalties

(1) Death and reclusion perpetua - 20 years
(2) Other afflictive penalties - 15 years
(3) Correctional penalties – 10 years
Note: If arresto mayor - 5 years
(4) Light penalties - 1 year
Note: The PENALTY IMPOSED is the basis of the prescriptive period for the prescription of
penalties.
(a) The penalties must be IMPOSED BY FINAL SENTENCE. Hence, if the convict appealed and
thereafter fled to the mountains, the penalty imposed upon him would never prescribe,
because pending the appeal, the sentence is not final.

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(b) If the accused was never arrested to serve his sentence, the prescriptive period cannot
commence to run.
(c) The accused cannot be convicted of an offense lesser than that charged if lesser offense
had already prescribed at the time the information was filed.
Art. 93 Computation of the prescription of penalties
Art. 93. Computation of the prescription of penalties. — The period of prescription of penalties shall
commence to run from the date when the culprit should evade the service of his sentence , and it shall be
interrupted if the defendant should give himself up, be captured, should go to some foreign country with
which this Government has no extradition treaty, or should commit another crime before the expiration of
the period of prescription.
When interrupted:
(a) Convict gives himself up
(b) Is captured
(c) Goes to a foreign country with which we have no extradition treaty
(d) Commits any crime before the expiration of the period of prescription
What happens in cases where our government has extradition treaty with another country but
the crime is not included in the treaty? It would interrupt the running of the prescriptive period.
What is the effect of the acceptance by the convict of a conditional pardon? It would interrupt
the running of the prescriptive period.
Note:
(a) "Escape" in legal parlance and for purposes of Articles 93 and 157 of the RPC means unlawful
departure of prisoner from the limits of his custody. Clearly, one who has not been committed
to prison cannot be said to have escaped therefrom [Del Castillo v. Torrecampo (2002)].
(b) Should the evasion of service of sentence, being in itself a crime, interrupt the running of the
prescriptive period of penalties?No, the evasion of service of sentence, which is a requisite in
the prescription of penalties, must necessarily take place BEFORE the running of the period of
prescription; hence, cannot interrupt it .
(c) Period of prescription that ran during evasion is not forfeited. If the culprit is captured and
evades again the service of his sentence, the period of prescription that has run in his favor
should be taken into account.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY (ART. 94) AS AMENDED BY R.A. NO. 10592
PARTIAL EXTINGUISHMENT
(1) By Conditional Pardon
(2) By Commutation of sentence
Note: The commutation of the original sentence for another of a different length and nature
shall have the legal effect of substituting the latter in place of the former.
(3) For good conduct allowances which the culprit may earn while he is undergoing preventive
imprisonment or serving his sentence.
(4) By Parole
Note:

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(a) Parole- is the suspension of the sentence of a convict, after serving the minimum term of
the indeterminate penalty, without being granted a pardon, prescribing the terms upon
which the sentence shall be suspended.
(b) If the convict fails to observe the condition of the parole, the board of pardons and
parole is authorized to:
1. Direct the arrest and return to custody and thereafter;
2. To carry out his sentence WITHOUT deduction of the time that has elapsed between the
date of the parole and the subsequent arrest.
Conditional pardon Parole
Given at any time after final judgement; is Given after the prisoner has served the
granted by the Chief Executive minimum penalty; is granted by the board of
pardons and parole
Violation of the condition of pardon, the For violation of the terms of the parole, the
convict may be re-arrested or and re- convict cannot be prosecuted. Under Art.
incarcerated by the Chief Executive, or may 159, he can be re-arrested and re-
be prosecuted under Art. 159 of the Code incarcerated to serve the unserved portion of
his original penalty.
(c) Allowance of good conduct is NOT given to prisoners released under conditional pardon.
(5) By Probation
Allowance for good conduct (As amended by R.A. No. 10592)

ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit
for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in
any penal institution, rehabilitation or detention center or any other local jail shall entitle him to
the following deductions from the period of his sentence:
1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for
each month of good behavior during detention;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction
of twenty-three days for each month of good behavior during detention;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be
allowed a deduction of twenty-five days for each month of good behavior during
detention;
4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of thirty days for each month of good behavior during detention; and
5. At any time during the period of imprisonment, he shall be allowed another deduction of
fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or
mentoring service time rendered.

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An appeal by the accused shall not deprive him of entitlement to the above allowances for
good conduct.
SPECIAL TIME ALLOWANCE FOR LOYALTY (As amended by R.A. No. 10592)
ART. 98. Special time allowance for loyalty. – A deduction of ONE FIFTH OF THE PERIOD OF HIS
SENTENCE shall be granted to any prisoner who, having evaded his PREVENTIVE IMPRISONMENT
OR THE SERVICE OF HIS SENTENCE under the circumstances mentioned in Article 158 of this Code,
gives himself up to the authorities WITHIN 48 HOURS following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe referred to in said article. A
deduction of two-fifths of the period of his sentence shall be granted in case said prisoner chose
to stay in the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.
This Article shall apply to ANY PRISONER WHETHER UNDERGOING PREVENTIVE IMPRISONMENT OR
SERVING SENTENCE.
Who grants time allowances (As amended by R.A. No. 10592)

ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the Bureau of
Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a
provincial, district, municipal or city jail shall grant allowances for good conduct. Such
allowances once granted shall not be revoked.
Module 4
CIVIL LIABILITY
Article 100 Civil Liability of a Person Guilty of Felony
Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for a felony is
also civilly liable.
As a general rule, an offense causes two classes of injuries:

1. Social injury – produced by the disturbance and alarm which are the outcome of offense.
2. Personal injury – caused to the victim of the crime who may have suffered damage, either to
his person, his property, his honor or his chastity.
Art. 101.
Rules regarding civil liability in certain cases.
Civil liability is still imposed in cases falling under exempting circumstances, EXCEPT
(a) No civil liability in Par.4 of Art.12 which provides for injury caused by mere accident.
(b) No civil liability in Par.7 of Art.12 (failure to perform an act required by law by some lawful or
insuperable cause)
Persons civilly liable for acts of insane or minor exempted from criminal liability (Par. 1,2, and 3 of
Art. 12)

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The civil liability for acts committed by an imbecile or insane or minor exempt from criminal
liability shall devolve upon the person having legal capacity or control over them, if the latter
are at fault or negligent. They are PRIMARILY liable.
If there is no fault or negligence on their part, or even if at fault or negligent but INSOLVENT, or
should there be no person having such authority or control, the insane, imbecile, or such minor
shall respond with their own property not exempt from execution.
Persons civilly liable for acts of minors over 15 years of age who acted with discernment
Art. 201 of the Youth Welfare Code provides that the civil liability for acts committed by a youth
offender shall devolve upon the following persons:
1. Offender’s father,
2. Mother, in case of the father’s death or incapacity,
3. Guardian, in case of mother’s death or incapacity.
Persons civilly liable for acts committed by persons acting under irresistible force or
uncontrollable fear
1. The persons using violence or causing the fear are primarily liable.
2. If there be no such persons, those doing the act shall be liable secondarily.
Note:
No civil liability is imposed in cases falling under justifying circumstances EXCEPT under par. 4 of
Art. 11, where a person does an act, causing damage to another, in order to avoid an evil or
injury, the person benefited by the prevention of the evil or injury shall be civilly liable in
proportion to the benefit he received.
Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments.
— In default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons or
corporations shall be civilly liable for crimes committed in their establishments, in all cases where a violation
of municipal ordinances or some general or special police regulation shall have been committed by them
or their employees.
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses
from guests lodging therein, or for the payment of the value thereof, provided that such guests shall have
notified in advance the innkeeper himself, or the person representing him, of the deposit of such goods
within the inn; and shall furthermore have followed the directions which such innkeeper or his
representative may have given them with respect to the care and vigilance over such goods. No liability
shall attach in case of robbery with violence against or intimidation of persons unless committed by the
innkeeper's employees.
Elements under par. 1

1. That the innkeeper, tavern keeper or proprietor of establishment or his employee committed a
violation of municipal ordinance or some general or special police regulation.
2. That the crime is committed in such inn, tavern, or establishment,
3. That the person criminally liable is insolvent.

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Elements under par. 2

1. That the guests notified in advance the innkeeper or the person representing of the deposit of
their goods within the inn or house.
2. The guests followed the directions of the innkeeper or his representative with respect to the
care of and vigilance over such goods.
3. Such goods of the guests lodging therein were taken by robbery with force upon things or
theft committed within the inn or house.
Note:
No liability shall attach in case of robbery with violence against or intimidation of persons,
unless committed by the innkeeper’s employee.
Art. 103.
Subsidiary civil liability of other persons.
— The subsidiary liability established in the next preceding article shall also apply to employers, teachers,
persons, and corporations engaged in any kind of industry for felonies committed by their servants,pupils,
workmen, apprentices, or employees in the discharge of their duties.
Note:
(a) The employment of the diligence to be expected of a good father of a family in the
selection and supervision of the employees will not exempt the parties subsidiarily liable for
damages.
(b) Subsidiary liability of the employer arises only after the conviction of the employee in the
criminal action.
(c) The subsidiary liability may be enforced only upon a motion for subsidiary writ of execution
against the employer and upon proof that the employee is insolvent (Basilio vs. Court of Appeals
385 phil 21)
Art. 104.
What is included in civil liability.
—The civil liability established in Articles 100,101, 102, and 103 of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
Art. 105.
Restitution; How made.
— The restitution of the thing itself must be made whenever possible, with allowance for any deterioration,
or diminution of value as determined by the court. The thing itself shall be restored, even thought be found
in the possession of a third person who has acquired it by lawful means, saving to the latter his action
against the proper person, who may be liable to him. This provision is not applicable in cases in which the
thing has been acquired by the third person in the manner and under the requirements which, by law, bar
an action for its recovery.
Art. 106.

Carlo C Rimas
Reparation; How made.

— The court shall determine the amount of damage, taking into consideration the price of the
thing, whenever possible, and its special sentimental value to the injured party, and reparation
shall be made accordingly.
When the object taken is damaged, one must have it repaired to its original value.
Art. 107.
Indemnification; What is included.
—Indemnification for consequential damages shall include not only those caused the injured
party, but also those suffered by his family or by a third person by reason of the crime.
Art. 108.
Obligation to make restoration, reparation for damages, or indemnification
for consequential damages and actions to demand the same; Upon whom it devolves.
—The obligation to make restoration or reparation for damages and indemnification for
consequential damages devolves upon the heirs of the person liable. The action to demand
restoration, reparation, and indemnification likewise descends to the heirs of the person injured.
Art. 109.
Share of each person civilly liable.
—If there are two or more persons civilly liable for a felony, the courts shall determine the
amount for which each must respond.
Art. 110.
Several and subsidiary liability of principals, accomplices and accessories of a felony;
Preference in payment.
—Notwithstanding the provisions of the next preceding article, the principals, accomplices, and
accessories, each within their respective class, shall be liable severally (in solidum) among
themselves for their quotas, and subsidiaries for those of the other persons liable. The subsidiary
liability shall be enforced, first against the property of the principals; next, against that of the
accomplices, and, lastly, against that of the accessories. Whenever the liability in solidum or the
subsidiary liability has been enforced, the person by whom payment has been made shall have
a right of action against the others for the amount of their respective shares.
Art. 111.
Obligation to make restitution in certain cases.
— Any person who has participated gratuitously in the proceeds of a felony shall be bound to
make restitution in an amount equivalent to the extent of such participation.
Art. 112.
Extinction of civil liability.
— Civil liability established in Articles 100, 101, 102, and 103 of this Code shall be extinguished in
the same manner as obligations, in accordance with the provisions of the Civil Law.

Carlo C Rimas
Art. 113.
Obligation to satisfy civil liability.
—Except in case of extinction of his civil liability as provided in the next preceding article the
offender shall continue to be obliged to satisfy the civil liability resulting from the crime
committed by him, notwithstanding the fact that he has served his sentence consisting of
deprivation of liberty or other rights, or has not been required to serve the same by reason of
amnesty, pardon, commutation of sentence or any other reason.
Civil liability in criminal cases is not extinguished by the loss of the thing due because reparation
will be ordered by the court in such cases. EXCEPT as provided in Art. 112, the offender shall
continue to be obliged to satisfy the civil liability arising from the crime committed by him.

Carlo C Rimas

Study Guide Criminal Law Book One

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Bataan Heroes College

Bataan Heroes College

CRIMINAL LAW BOOK ONE

Criminal Law Book OnePage 1

MALA IN SE AND MALA PROHIBITA

MALA IN SE MALA PROHIBITA

As TO NATURE Wrong from its very nature. Wrong because it is prohibited

Criminal Law Book OnePage 2

As to degree of When there is more than one offender, Degree of participation is

As to what laws are Generally, Violation of RPC Generally, Violation of special

Criminal Law Book OnePage 3

SUPPLETORY APPLICATION OF RPC

CONSTRUCTION OF PENAL LAWS

SCOPE OF APPLICATION AND CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW

(1) Treaty Stipulations

Criminal Law Book OnePage 4

(2) Laws of Preferential Application

(3) Principles of Public International Law

Par. 1: Crimes committed aboard Philippine ship or airship:

Criminal Law Book OnePage 5

Note: a. It must NOT be within the jurisdiction of any State (extraterritorial)

It must be in connection with the performance of his function.

Criminal Law Book OnePage 6

CONSTITUTIONAL LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS

Criminal Law Book OnePage 7

FELONIES: HOW COMMITTED

Criminal Law Book OnePage 8

(a) Intentional felonies – those committed with deliberate intent; and

Act is malicious. Not malicious

With deliberate intent. Injury caused is unintentional, being just an

Has intention to cause an injury Wrongful act results from imprudence,

(2) According to the Stages of Their Execution:

Criminal Law Book OnePage 9

(4) As to Nature (a) Mala in se (b) Mala prohibita

ELEMENTS OF CRIMINAL LIABILITY

Criminal Law Book OnePage 10

DISTINCTION BETWEEN INTENT, DISCERNMENT AND MOTIVE

Criminal Law Book OnePage 11

When motive is not essential

Criminal Law Book OnePage 12

The following are not efficient intervening cause:

Criminal Law Book OnePage 13

Criminal Law Book OnePage 14

2 KINDS OF IMPOSSIBLE CRIME: a) Legal Impossibility and b) Physical impossibility

2) Physical or factual impossibility – when EXTRANEOUS CIRCUMSTANCES unknown to the actor or

Purpose of punishing Impossible Crime: To SUPPRESS CRIMINAL PROPENSITY AND

Criminal Law Book OnePage 15

(2) EXTERNAL ACTS

Criminal Law Book OnePage 16

Attempted vs. Frustrated Stage:

CRIMES WHICH DO NOT ADMIT OF FRUSTRATED STAGE (RABAPC)

Criminal Law Book OnePage 17

Factors in Determining the Stage of Execution of a Felony:

(1) The Manner of Committing the Crime

Criminal Law Book OnePage 18

(2) The Elements of the Crime

(3) The Nature of the Crime Itself

Light Felonies (Art. 7)

CONSPIRACY AND PROPOSAL (Art.8)

Criminal Law Book OnePage 19

CONSPIRACY AS A FELONY, DISTINGUISHED FROM CONSPIRACY AS A MANNER OF

Doctrine of Implied Conspiracy

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

Criminal Law Book OnePage 20