CRIMINAL LAW

I. FUNDAMENTAL CRIMINAL LAW PRINCIPLES OF
1. PENOLOGICAL OBJECTIVES a.

The first section is a review on certain definitions, principles and concepts underlying Criminal Law as a branch of study. There are FOUR MAJOR LESSONS in this section: A. DEFINITION AND PURPOSE OF CRIMINAL LAW B. RATIONALE BEHIND STATE AUTHORITY TO PUNISH CRIME C. REVIEWING BASIC PRINCIPLES D. MEMORIZING RELEVANT LATIN MAXIMS

Utilitarian theory or protective theory The primary purpose: Protection of society from actual or potential wrongdoers
b.

Classical or juristic philosophy

Best remembered by the maxim “An eye for an eye, a tooth for a tooth.” [Note: If you want to impress the examiner, use the latin version- Oculo pro oculo, dente pro dente.] The primary purpose: Retribution. c. Positivist or realistic philosophy The primary purpose: Reformation. There is great respect for the human element because the offender is regarded as socially sick who needs treatment, not punishment. d. Eclectic or mixed philosophy This combines both positivist and classical thinking. Crimes that are economic and social by nature should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimes should be dealt with in a classical manner; thus, capital punishment. The Revised Penal Code today follows the mixed or eclectic philosophy. For example: intoxication of the offender is considered to mitigate his criminal liability, unless it is intentional or habitual; the age of the offender is considered; the woman who killed her child to conceal her dishonor has in her favor a mitigating circumstance.
2. LIMITATIONS

A. DEFINITION Criminal law is that branch or division of municipal law which defines crimes, treats of their nature and provides for their punishment. It is that branch of public substantive law which defines offenses and prescribes their penalties. It is substantive because it defines the state’s right to inflict punishment and the liability of the offenders. It is public law because it deals with the relation of the individual with the state. B. STATE AUTHORITY TO PUNISH CRIME 1987 Constitution Article II, Section 5 Declaration of Principles and State Policies. The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. SOURCES OF CRIMINAL LAW 1. The Revised Penal Code (Act No. 3815) and its amendments 2. Special penal laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa. 3. Penal Presidential Decrees issued during Martial Law.

a. Must be general in application. b. Must not partake of the nature of an ex post facto law. (1987 Const. Art III, Sec.22) c. Must not partake of the nature of a bill of attainder. (1987 Const. Art III, Sec 22) d. Must not impose cruel and unusual punishment or excessive fines. (1987 Const. Art III, Sec 19) C. REVIEWING BASIC PRINCIPLES 1. 2. 3. 4. 5. Generality (WHO) Territoriality (WHERE) Prospectivity (WHEN) Legality Strict Construction of against the State

penal

laws

IMPORTANT POINTS TO REMEMBER: The state’s authority is grounded on what is called the penological objectives. However, such power is also subject to certain limitations.

1. GENERALITY OF CRIMINAL LAW MEANS THAT THE… Criminal law of the country governs all persons within the country regardless of their race, belief, sex or creed. Generality has no reference to territory. It refers to persons that may be governed by the penal law However, it is subject to certain exceptions

100% UP LAW

UP

BAROPS

2008

Page 1 of 62

CRIMINAL LAW

Art. 2, RPC, “Except as provided in the treatise or laws of preferential application…” Art. 14, Civil Code, “…subject to the principles of public international law and to treaty stipulations.” o An example of a treaty or treat stipulation is the Bases Agreement entered into by the Philippines and the US on Mar. 14, 1947 and expired on Sept. 16, 1991. Another example would be the VFA1 signed on Feb. 10, 1998

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. • Terrestrial jurisdiction is the jurisdiction exercised over land. • Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. • Aerial jurisdiction is the jurisdiction exercised over the atmosphere. Excepted under the territoriality characteristic of penal laws are the cases provided for by Art. 2 of the Revised Penal Code. The Code therefore has territorial and extraterritorial applications. b. Scope Of Application Of The Provisions Of The Revised Penal Code
Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.

o

Also excepted under the law of generality are Members of the Congress who are not liable for libel or slander with any speech in Congress or congressional committee. (Sec 11, Art VI 1987 Constitution) Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned2. o EXCEPTIONS TO THE EXCEPTION… (1) Note that consuls are not diplomatic officers. (2) This includes consul-general, vice-consul or and consul in a foreign country, who are therefore, not immune to the operation or application of the penal law of the country where they are assigned.

*^* 2. TERRITORIALITY OF CRIMINAL LAW a. General rule b. Scope of the RPC a. General Rule

Important Things to Remember: The provisions in Article 2 embraces two scopes of applications: Intraterritorial application 1. Intraterritorial refers to the application of the Revised Penal Code within the Philippine territory (land, air and water). 2. As far as jurisdiction or application of the Revised Penal Code over crimes committed on maritime zones or interior waters, the Archipelagic Rule shall be observed. 3. So the three-mile limit on our shoreline has been modified by the rule.

Territoriality-MEANS THAT THE… Penal laws of the country have force and effect only within its territory. It cannot penalize crimes committed outside the same.
1 Take note of the Visiting Forces Agreement, Art. V, which defines Criminal Jurisdiction over United States military and civilian personnel temporarily in the Philippines in connection with activities approved by the Philippine Government 2

R.A. No. 75 which penalizes acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign diplomatic representatives in the Philippines

100% UP LAW

UP

BAROPS

2008

Page 2 of 62

CRIMINAL LAW
Extraterritorial application 1. Extraterritoria3l refers to the application of the Revised Penal Code outside the Philippines territory: Par. 1: Crimes committed aboard merchant vessels 1) The RPC is applied to Philippine vessels4 if the crime is committed while the ship is treading: a) Philippine waters (intraterritorial application), or b) The High Seas i.e. waters NOT under the jurisdiction of any State (extraterritorial application) 2) Two rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another country (i.e. a foreign vessel treading Philippine waters OR Philippine vessels treading waters under the jurisdiction of another state): a) FRENCH RULE: It is the FLAG/Nationality of the vessel which determines jurisdiction UNLESS the crime violates the peace and order of the host country. b) ENGLISH RULE: the location or situs of the crime determines jurisdiction UNLESS the crime merely relates to internal management of the vessel. NOTE: Philippines adhere to ENGLISH RULE. Illustration: If two petty officers aboard a Russian ship docked in Manila North Harbor got into a fistfight which resulted in serious physical injuries, it is Russian Law which will apply. However, if the cause of the fight is a dispute over the ownership of several hundred grams of cocaine stashed somewhere in the ship, then Philippine Law must apply because importation of illegal substance is a violation of public peace and order. NOTE: This illustration works for both rules because the general rule in one is the exception of the other. NOTE: 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. 3. When the crime is committed in a war vessel of a foreign country, the NATIONALITY of the vessel will ALWAYS determine jurisdiction because war vessels are part of the sovereignty of the country to whose navel force they belong. 4. Three International Jurisdiction Theories On Aerial

a. Free Zone Theory The atmosphere over the country is free and not subject to the jurisdiction of the subjacent state, except for the protection of its national security and public order. b. Relative Theory The subjacent state exercises jurisdiction over the atmosphere only to the extent that it can effectively exercise control thereof. c. Absolute Theory i. The subjacent state has complete jurisdiction over the atmosphere above it subject only to the innocent passage by aircraft of a foreign country. NOTE: The Philippines adopts this theory. ii. Under this theory, if the crime is committed in an aircraft, no matter how high, as long as it can be established that it is within the Philippine atmosphere, Philippine 5 criminal law will govern. Par. 2 & 3: Forging/Counterfeiting and Introducing Coins or Currency Notes in the Philippines 1. The forgery is committed abroad 2. And it refers to Philippine coin, currency note, obligation and security Par. 4: When public officers or employees commit an offense in the exercise of their functions 1) The most common subject of bar problems in Article 2 is paragraph 4. 2) As a general rule, the Revised Penal Code governs only when the crime committed pertains to the exercise of the public official’s functions: a) Those having to do with the discharge of their duties in a foreign country. b) The functions contemplated are those, which are, under the law: i) to be performed by the public officer ii) in the Foreign Service of the Philippine government iii) in a foreign country. NOTE: The Revised Penal Code governs if the crime (whether or not in relation to the exercise of public functions) was committed within the Philippine Embassy or within the embassy grounds in a foreign country. This is because embassy grounds are considered an extension of sovereignty. Thus the crime is deemed to have been committed in Philippine soil. Illustration: A Philippine consulate official who is validly married here in the Philippines and who marries again in a foreign country cannot be prosecuted
5

3

RA9327 (The Human Security Act) contains provisions for extraterritorial application
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.

4

See Anti-hijacking Law, pg___
Page 3 of 62

100% UP LAW

UP

BAROPS

2008

1. Any crime against public order is under the jurisdiction of the host country. No retrospective effect. if the second marriage was celebrated within the Philippine embassy. 2. administrative rulings and circulars. Retroactive effect of penal laws. he may be prosecuted here. Circular No. Par. UP BAROPS Art. --who is not a habitual criminal. 8. 5. • Ex post facto law is • Ex post facto law is one that is specifically made to retroact to cover acts before it became effective to the prejudice of the accused. • If the new law imposes a heavier penalty. Defined In Title One Of Book Two Of This Code. 1. whether pre-existing or not.” Subsequently.one lenient to the offender and one strict to the offender- 6 Art. CA (1993). 21. although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. consistent with the principle of prospectivity.CRIMINAL LAW here for bigamy because this is a crime not connected with his official duties. 1984. Vice versa. • Rule of prospectivity also applies to judicial decisions6. issued on August 8. PROSPECTIVITY OF CRIMINAL LAW MEANS THAT… Acts or omissions will only be subject to a penal law if they are committed AFTER a penal law had already taken effect. ◦ the crime is obliterated. it was ruled in Que vs. STRICT CONSTRUCTION OF PENAL LAWS AGAINST STATE: THE “DOCTRINE OF PRO REO” Whenever a penal law is to be construed or applied and the law admits of two interpretations . since it is as if he contracted the marriage here in the Philippines. dated December. However. 1981. it is null and void. 22. If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable. ◦ the law in force at the time of the commission of the offense shall be applied. the administrative interpretation was reversed in Circular No. This is consistent with the general principle that criminal laws. is no longer a valid defense for the prosecution of BP 22. such that the claim that the check was issued as a guarantee or part of an arrangement to secure an obligation or to facilitate collection. a check issued merely to guarantee the performance of an obligation is covered by BP 22. 4. ◦ 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. the drawer is not criminally liable for either estafa or violation of BP 22. Different effects of repeal of penal law. Rationale for the prospectivity rule: the punishability of an act must be reasonably for the guidance of society. Exception: Art. Rebellion is not included. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. the new doctrine should not apply to parties who had relied on the old Circular and acted on the faith thereof. Penalties that may be imposed. Civil Code 100% UP LAW 2008 Page 4 of 62 . This is also called irretrospectivity. In this case. 12. • If the repeal makes the penalty lighter in the new law. 5: Commit any of The Crimes Against National Security and the Law Of Nations. People that under the new Circular. as this term is defined in Rule 5 of Article 62 of this Code. Co vs. 15. LEGALITY (NULLUM POENA SINE LEGE) CRIMEN NULLA *^* 3. There is no crime when there is no law punishing the same. Limitation: • Not any law punishing an act or omission may be valid as a criminal law. General Rule: prohibited. If the law punishing an act is ambiguous. Hence. ◦ the new law shall be applied. should be construed strictly against the State and liberally in favor of the accused. However. — Penal Laws shall have a retroactive effect --insofar as they favor the persons guilty of a felony. but not to common law countries. being a limitation on the rights of the people. this act or omission which has been committed before the effectivity of a penal law could not be penalized by such penal law because penal laws operate only prospectively. • This is true to civil law countries. provides that “where the check is issued as part of an arrangement to guarantee or secure the payment of an obligation. or to make a certain crime graver or prescribe a heavier penalty for it. 4 of the Ministry of Justice.

OFFENSE. He who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom. OFFENSE A crime punished under a special law is called a statutory offense. Ah Chong. which reads: “A person who shall commit a felony after having been convicted by final judgment. EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL CAUSADO He who is the cause of the cause is the cause of the evil caused. This is peculiar only to criminal law. CRIME Whether the wrongdoing is punished under the Revised Penal Code or under a special law. NISI MENS SIT REA The act cannot be criminal where the mind is not criminal. MISDEMEANOR A minor infraction of the law.CRIMINAL LAW • that interpretation which is lenient or favorable to the offender will be adopted. but not a felony resulting from culpa. This maxim is not an absolute one because it is not applied to culpable felonies. before beginning to serve sentence or while serving the same.” Note that the word “felony” is used. BASIC MAXIMS IN CRIMINAL LAW 1. IMPORTANCE: • There are certain provisions in the Revised Penal Code where the term “felony” is used. • A specific instance is found in Article 160. This is true to a felony characterized by dolo. 4. II. shall be punished under the maximum period of the penalty. whether foreseen or intended or not. There are section: FIVE MAJOR LESSONS in this This is in consonance with the fundamental rule that all doubts shall be construed in favor of the accused . People (1991) UP BAROPS 2008 Page 5 of 62 100% UP LAW . EQUIPOISE RULE: • When the evidence of the prosecution and the defense are equally balanced. 14(2) In all criminal prosecutions. DIFFERENTIATING FELONIES. This is related to the preceding maxim and is manifested in People v. 2. DIFFERENTIATING FELONIES. This is the rationale in par. which means that the provision is not extended to crimes under special laws. or those that result from negligence. MISDEMEANOR AND CRIME B. CRIMES DEFINED AND PENALIZED BY SPECIAL LAWS A. Sec. the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence. ACTUS NON FACIT REUM. When the crime is punishable under a special law you do not refer to this as a felony.Quasi-Recidivism. An act done by me against my will is not my act. FELONY The term felony is limited only to violations of the Revised Penal Code. CA (1996).7 D. MISDEMEANOR AND CRIME 1. 3. 1987 Constitution. 1 of Article 4 which enunciates the doctrine of proximate cause. the generic word “crime” can be used. Corpuz v. 2. the different stages of committing an as well as the classification of punishable conduct. OFFENSE. 3. the accused shall be presumed innocent until the contrary is proved…. such as a violation of an ordinance. 7 Ursua v. Article III. Consistent with the presumption of innocence of the accused. FELONIES This section discusses how and why an act is subject to criminal liability. ACTUS ME INVITO MEUS ACTUS FACTUS NON EST A. CLASSIFICATION OF FELONIES D. FELONIES: HOW COMMITTED C.

ACT v. Discernment ii. a passenger of a jeepney seated in front of a lady. 889 100% UP LAW UP BAROPS 2008 Page 6 of 62 . negligence. is defined as "a guilty mind. Motive IMPORTANT THINGS TO REMEMBER: Under Article 3. lack of foresight. p. Illustration: If A. Distinction between Intent and i. There must be an act or omission b. started putting out his tongue suggesting lewdness that is already an act in contemplation of criminal law8. • the existence of which is shown by the overt act of a person. FELONIES: HOW COMMITTED Art. deceit means fraud.. status. in frustrated homicide. It sometimes referred to in common parlance as the gravamen of the offense (bullseye of the crime). STATUS • An act must produce some kind of change with a physical manifestation. 287. not malicious mischief. There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence. and must be coupled with freedom of action and intelligence on the part of the offender as to the act done by him. Art. He cannot claim that there was no crime committed. Misprision of treason. Abandonment of person in danger and abandonment of one's own victim 10 Art. Light coercions. Dolo is DELIBERATE INTENT otherwise referred to as criminal intent. 116. 3. • It is important that there is a law requiring the performance of an act.e.CRIMINAL LAW B. it is defined as Omission is • the failure to perform a duty • required by law. a felony is already committed. MENS REA/MENTAL ELEMENT mens rea. otherwise it is merely physical injuries). DOLO (DELIBERATE INTENT) a. so it has to be proven (i. Definitions. Categories of Intent c. if there is no positive duty. specific intent to kill is not presumed but must be proven. on the other hand is a concept which lies between an action and the imagination. For an act to be punishable. Presumption Criminal Intent • Intent is a mental state. 1. • However. This is no longer true. Elements b. Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). — Acts and omissions punishable by law are felonies (delitos). However. • Examples of such are failure to render assistance9. 5th ed. 1. An act refers to any kind of body movement that produces change in the outside world. At the time the Revised Penal Code was codified. ELEMENTS OF FELONIES a. Liability Even in the Absence of Criminal Intent • There are 2 exceptions to the requirement of Criminal Intent: ◦ FELONIES COMMITTED by CULPA (infra) ◦ OFFENSE MALA PROHIBITA (infra) 8 Unjust vexations under Art. this is already an act which annoys the lady he may be accused of unjust vexation. and this is not the meaning of dolo. or lack of skill. failure to issue receipt or non disclosure of knowledge of conspiracy against the government10. there is dolo when there is deceit. A mere imagination no matter how wrong does not amount to a felony. That the act or omission must be punishable by the RPC c. the term nearest to dolo was deceit. If A scratches something. THERE MUST BE A CONCURRENCE BETWEEN THE ACT AND THE INTENT. • The presumption of criminal intent may arise from proof of the criminal act and it is for the accused to rebut this presumption. there must be an act or omission. 9 11 Black's Law Dictionary. a guilty or wrongful purpose or criminal intent"11. That the act is performed or the commission incurred by means of dolo or culpa ACTUS REUS/PHYSICAL ACT To be considered as a felony. This term is used synonymously with criminal or deliberate intent It does not mean that if an act or omission is punished under the Revised Penal Code. • so criminal intent is presumed to exist only if the act is unlawful. in some crimes intent cannot be presumed being an integral element thereof. there is no liability. 275. It does not apply if the act is not criminal.

Categories of Intent In criminal law. and The lack of freedom makes one merely a tool iii. Was his act justified that he incurs no liability? Is he entitled to any exemption? Or is his liability only mitigated? Establishing the specific intent is the way to hit the “bullseye” of the crime: • E. opened a drawer and pulled out a knife. 4) Also. 13 People v. then they have to establish Ernie’s intent to kill. intent is categorized into two types: General Criminal Intent The intention to do something wrong Presumed from the mere doing of a wrong act The burden is upon the wrong doer to prove that he acted without such criminal intent. an aim or purpose of the mind. robbery13 2) The identity of the accused is doubtful 3) The evidence on the commission of the crime is purely circumstantial. there is no dolo. the result of Ernie’s act will now determine his liability.g. entitled to any exempting circumstances (due to lack of discernment) or there was a mistake of fact (infra). kidnapping v. 2003 1) When the act brings about variant crimes e. lack of motive can aid in showing the innocence of the accused.g. Buban. If there is no dolo. 1988 14 100% UP LAW UP BAROPS 2008 Page 7 of 62 . he went to the kitchen. the burden is upon the prosecution to establish its existence.CRIMINAL LAW a. DISCERNMEN T the mental capacity to tell right from wrong MOTIVE It is the moving power which impels one to do an act (ex. This is shown by overt acts It presupposes the existence of the two subsequent elements ii.14 Illustration: Ernie came home and found his wife in a pleasant conversation with Burt. Discernment and Motive Some of the EXEMPTING CIRCUMSTANCES exculpate those who LACK THE INTELLIGENCE to determine the nature and consequences of their actions. The moving force is jealousy. Important only in certain cases (see below) in Establish the nature and extent of culpability Integral to the element of intelligence NOT intent. thus. which is the “bullseye” of the crimes mentioned. without any provocation. INTENT Determination to do a certain thing. Puno (1993) People vs Hassan. • In theft. stabbed Burt. When Motive becomes Material determining Criminal Liability: Illustration Ernie. Elements of DOLO i. Distinctions Between Intent. c. The very act of stabbing is the quantum of proof needed to establish the fact that Ernie intended to do something wrong. former suitor. If any of the elements is absent. there could be no intentional felony. Ernie can be liable for more than one crime. Specific Criminal Intent The intention to commit a definite act Existence is not presumed Since the specific intent is an element of the crime. then the presumption that he intended to do something wrong is obliterated along with the need to determine specific intent. If the prosecution wants to hold Ernie liable for homicide/murder. The lack of CRIMINAL INTENT can be a MITIGATING CIRCUMSTANCE or the accused can be merely held liable for CRIMINAL NEGLIGENCE. He then stabbed Burt. However. However. Freedom of action. Ernie can overturn the presumption of general criminal intent by proving that he was justified (infra). • Attempted rape and acts of lasciviousness have similar elements separated only by the offender’s intent to have sexual intercourse with the victim. prosecution must establish Ernie’s SPECIFIC INTENT in order to determine 12 Visbal vs. the gravamen of the offense would be the taking with intent to gain as distinguished from estafa where the essence is deceit. If he is successful. Intelligence The lack of intelligence makes one unable to determine → The morality of his acts → The effect of his actions The presence CIRCUMSTANCES FREEDOM of JUSTIFYING indicates LACK OF whether he planned to kill Burt or merely to inflict a whole lot of pain. This is the GENERAL CRIMINAL INTENT. vengeance).12 b. Criminal intent. Thereupon.

there could be culpable felony. Yes. Is culpa merely a mode of committing a crime or a crime in itself? AS A MODE Under Article 3. CULPA (CONSTRUCTIVE INTENT) a. His deliberate intent to defend himself with the knife can be determined by the fact that he cried out sufficient warnings prior to the act. iii. Act of Dolo OR Act of Culpa FELONY People vs. In this case.15 Thus. This only means that he knew what is right from wrong and deliberately chose to do what is wrong. Elements b. 1988 16 100% UP LAW UP BAROPS . and after crying out sufficient warnings and believing himself to be under attack. Yes. discernment is necessary whether the crime is dolo or culpa. Ernie’s deliberate choice of something as lethal as the knife shows the presence of intelligence because it is his very awareness of the danger which prompted his choice. Ah Chong (1910) A houseboy who stabs his roommate in the dark. Faller (1939). He was acting out of selfpreservation. The Requisites16 of Mistake of Fact are: i. NOTE: Discernment does not indicate the presence of intent. Illustration: People v. The element of criminal intent is replaced by CRIMINAL NEGLIGENCE. Culpa is just a means by which a felony may result. Cordova 1993 People vs Oanis. the accused was charged with malicious mischief. mistake of fact is not a defense. 2. it is clear that culpa is just a modality by which a felony may be committed. yet the words feloniously and unlawfully. Malicious mischief is an intentional negligence under Article 327 of the Revised Penal Code You do not have malicious mischief through simple negligence or reckless imprudence because it requires deliberateness. When the accused is negligent. • This is absolutory if the crime involved dolo. criminal intent is negated. ii. AS A CRIME In Article 365. so that means he desires to kill the Burt. d. so do not presume that the act was done with criminal intent. merely intelligence. which are standard languages in an information. That the act done would have been lawful had the facts been as the accused believed them to be. • it cannot be said that he acted with criminal intent. If it was really the robber and not the roommate then the houseboy was justified. 1) Would the stabbing be lawful if the facts were really what the houseboy believed? a. 3) Was the houseboy without fault or negligence? a. covers not only dolo but also culpa because culpa is just a mode of committing a felony. Mistake of Fact (ignorantia facti excusat) When an offender acted out of a misapprehension of fact. honestly mistaking the latter to be a robber responsible for a series of break-ins in the area. The Supreme Court pointed out that although the allegation in the information charged the accused with an intentional felony. Doctrines Concerning Culpable Crimes IMPORTANT THINGS TO REMEMBER: Although there is no intentional felony. It was stated indirectly that criminal negligence or culpa is just a mode of incurring criminal liability. Faller was charged with malicious mischief. the former suitor. you have criminal negligence as an omission which the article definitely or specifically penalized. but was convicted of damage to property through reckless imprudence. Yes. 2) Was the houseboy’s intention lawful? a. That the mistake must be without fault or carelessness on the part of the accused. • When the offender acted out of a mistake of fact. cannot be held criminally liable for homicide. Stabbing the victim whom the accused believed to be an intruder showed a mistake of fact on his part which led him to take the facts as they appear to him and was pressed to take immediate action. A felony may be committed or incurred through dolo or culpa.CRIMINAL LAW The intent is the resort to the knife. That the intention of the accused in performing the act should be lawful. The concept of criminal negligence is the inexcusable lack of precaution on the part of 2008 Page 8 of 62 15 People v.

• Negligence presupposes the ability to be vigilant. and the correct designation should not be homicide through reckless imprudence. Elements of CULPA Culpa Requires the Concurrence of Three Requisites: Criminal negligence on the part of the offender. Allegedly because of his recklessness. For the essence of the quasi-offense under Art. Buno (1966) ◦ The principle about the "last clear chance" would call for application in a suit between the owners and drivers of the two colliding vehicles. Held: The second case must be dismissed. 365 of the RPC lies in the execution of an imprudent act which would be punishable as a felony. The law penalizes the negligent act and not the result. ◦ even though it later appears that he made the wrong decision. • so must make speedy decision based largely upon impulse or instinct. The view of Justice Reyes is sound. a. but the problem is Article 3. ◦ and cannot be held to the same conduct as one who has had an opportunity to reflect. Act of Dolo OR Act of Culpa INTENTIONAL CRIMINAL NEGLIGENCE (ART 365) b. the bus collided with a jeep injuring the passengers of the latter. lack of foresight or lack of skill. People v. one might think that criminal negligence is the one being punished. • He cannot be charged for lack of foresight and/or prudence because the person cannot discern and predict the consequence of his course of action. Once convicted or acquitted of a specific act of reckless imprudence. • have avoided the consequences of the negligence of the injured party. Rule Of Negative Ingredient • This is related to the doctrine of proximate cause and applicable when certain causes leading to the result are not identifiable. the accused may not be prosecuted again for the same act. • This rule states that ◦ the prosecution must first identify what the accused failed to do. • The applicability of this doctrine in criminal cases is somewhat dubious: Anuran v. That is why a question is created that criminal negligence is the crime in itself. creates a distinction between imprudence and negligence. • This dynamics cannot be replicated in a criminal case because ◦ the liability is penal in nature and thus cannot be transferred within the same case ◦ It is not a case between two parties involved in an incident but rather between an individual and the State. Prior to his acquittal. Accused claimed that he was placed in twice in jeopardy. Because Article 365. which states that culpa is just a mode by which a felony may result. the crime was the result of negligence. he was not acting under duress.CRIMINAL LAW the person performing or failing to perform an act. • The absence of intelligence means that the person is unable to assess the danger of a situation. but reckless imprudence resulting in homicide. ◦ It does not arise where a passenger demands responsibility from the carrier to enforce its contractual obligation • Last Clear Chance is a defense by the defendant in a damage suit against liability by transferring it to the plaintiff. Doctrine Of “Last Clear Chance” • The contributory negligence of the party injured ◦ will not defeat the action • if it be shown that the accused might. Doctrines Concerning Culpable Crimes Emergency Rule • A person who is confronted with a sudden emergency • may be left no time for thought. Reyes dissented and claimed that criminal negligence is a quasioffense. Freedom of action on the part of the offender. Justice J. a case for serious physical injuries and damage to property through reckless imprudence was filed.B. 100% UP LAW UP BAROPS 2008 Page 9 of 62 . and vigilance depends on whether the person chose to be or not. Intelligence on the part of the offender in the performance of the negligent act. simple or reckless. The gravity of the consequences is only taken into account to determine the penalty. A case was filed against the accused for slight physical injuries through reckless imprudence for which he was tried and acquitted. ◦ Once this is done.L. It does not qualify the substance of the offense. reckless imprudence. Buan (1968) Facts: The accused was driving a passenger bus. Justice of the Peace (1995). that is. FELONIES Quizon vs. • that is. the burden of evidence shifts to the accused. by the exercise of reasonable care and prudence.

Ex. ◦ Under sub-paragraph (a) of Article 213 on illegal exaction. Illegal exaction under Article 213 is a crime committed when a public officer who is authorized to collect taxes. ACCORDING TO THE STAGES OF THEIR EXECUTION Under Article 9. As to nature consummated in one instance. a. • There are felonies which do not admit of division. The purpose of classifying penalties is to bring about a proportionate penalty and equitable punishment. 6 and 9. Do not write the classification of felonies under Book 2 of the Revised Penal Code. According to their gravity OTHER CLASSIFICATIONS 4. frustrated felony c. Under Article 6. A more detailed discussion can be found LIABILITY FOR INCOMPLETE under ELEMENTS (pg___) Related to this classification of felonies as to: 1. Therefore. 2008 Page 10 of 62 100% UP LAW UP BAROPS . ACCORDING TO THE MANNER OF THEIR COMMISSION Under Article 3. the law uses the word “demanding. ACCORDING TO THEIR GRAVITY a.” ◦ Mere demanding of an amount different from what the law authorizes him to collect will already consummate a crime. Hence in rape. felonies are classified as: a. Why is it necessary to determine whether the crime is grave. b. The essence of the crime is the act itself. Those that have various stages of execution b. ◦ the prescription of the crime and ◦ the prescription of the penalty. shall demand an amount bigger than or different from what the law authorizes him to collect. 6 and 9. Material Felonies a. Formal Crimes a. Crimes which have NO FRUSTRATED STAGE a.CRIMINAL LAW ◦ The accused must show that the failure did not set in motion the chain of events leading to the injury. 3. 17 Carillo vs People. The question does not require the candidate to classify but also to define. they are classified as: already consummates the crime. the same is true for arson where the slightest burning already renders the crime complete. attempted felony b. and b. culpable felonies or those resulting from negligence. According to the stages of their execution 3. reckless imprudence.17 But even certain crimes which are punished under the Revised Penal Code do not admit of these stages. less grave or light? • To determine ◦ whether these felonies can be complexed or not. Light felonies or those infractions of law for the commission of which ◦ the penalty is arresto menor. whether the taxpayer pays the amount being demanded or not. 2. felonies are classified as: a. intentional felonies or those committed with deliberate intent. • The stages (Art. which are E. CLASSIFICATION OF FELONIES This question examination: was asked in the bar How do you classify felonies and how are felonies classified? TIP: What the examiner had in mind was Articles 3. consummated felony The classification of stages of a felony in Article 6 are true only to crimes under the Revised Penal Code. Homicide 3. Formal crimes are crimes. 1994 a. Grave felonies or those to which attaches ◦ the capital punishment or ◦ penalties which in any of their periods are afflictive. This does not apply to crimes punished under special laws. ◦ Payment of the amount being demanded is not essential to the consummation of the crime. FELONIES ARE CLASSIFIED AS FOLLOWS: 1. lack of foresight or lack of skill. the examiner was after the classifications under Articles 3. b. the slightest penetration 1. 6) may not apply to all kinds of felonies. According to the manner of their commission 2. Less grave felonies or ◦ those to which the law punishes with penalties which in their maximum period is correctional. As to count 5. 2. licenses or impose for the government. The penalties are graduated according to their degree of severity.

these are felonies classified according to their gravity. the act alone irrespective of its motives. AS TO NATURE a) Mala in se b) Mala prohibita C. it is only considered a light felony under Article 9. the fine of P200. he can be made to suffer the fine. criminal intent is required to be proved before criminal liability may arise. unless it is the product of criminal negligence or culpa. therefore. is inherently and morally wrong. 1. It is considered as a correctional penalty and it prescribes in 10 years. 4. Held: Plunder is a malum in se which requires proof of criminal of criminal intent. 100% UP LAW UP BAROPS 2008 Page 11 of 62 . and. This Code shall be supplementary to such laws. While intentional felonies are always mala in se. it should be done with criminal intent Malum prohibitum An act is wrong only because there is a law punishing it. and c) Composite crime. constitutes the offense. Do not omit the phrase “In accordance with Article 25” because there is also a classification of penalties under Article 26 that was not applied. If the fine is imposed as an alternative penalty or as a single penalty.CRIMINAL LAW • In other words. unlawfully and criminally.00. RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY APPLICATION OF RPC 3. CRIMES DEFINED AND PENALIZED BY SPECIAL LAWS 1. will the act still be wrong? 2) If the working of the law punishing the crime uses the word “willfully. it does not follow that prohibited acts done in violation of special laws are always mala prohibita.” It thus alleges guilt knowledge on the part of the petitioner. TEST TO DETERMINE IF VIOLATION OF SPECIAL LAW IS MALUM PROHIBITUM OR MALUM IN SE 1) Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you remove the law. 5. DISTINCTION BETWEEN CRIMES PUNISHED UNDER THE REVISED PENAL CODE AND CRIMES PUNISHED UNDER SPECIAL LAWS IMPORTANT THINGS TO REMEMBER : Art. Offenses not subject to the provisions of this Code. One of the issues he raised is whether plunder is a malum prohibitum or malum in se.00 is considered a correctional penalty under Article 26. In those crimes punished by special laws.” then malice must be proven. Precisely because the constitutive crimes are mala in se the element of mens rea must be proven in a prosecution for plunder. Sandiganbayan (2001) Facts: Estrada is challenging the plunder law. It is enough that the prohibited act was voluntarily committed and need not be committed with malice or criminal intent to be punishable. apply Article 26. If the offender is apprehended at any time within ten years. good faith and the lack of criminal intent is a valid defense. Take note that when the Revised Penal Code speaks of grave and less grave felonies. Likewise when the special laws require that the punished act be committed knowingly and willfully. • If the penalty is exactly P200. b) Complex crime. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. TEST TO DETERMINE IF VIOLATION OF SPECIAL LAW IS MALUM PROHIBITUM OR MALUM IN SE 2. AS TO COUNT Plurality of crimes may be in the form of: a) Compound Crime. stages and the penalty attached to them. If the penalty is a fine and exactly P200. Dolo is not required in crimes punished by special laws because these crimes are mala prohibita. Good faith and absence of criminal intent are not valid defenses in crimes punished by special laws MALA IN SE and MALA PROHIBITA Mala in se an act. Even if the crime is punished under a special law. 10.00. if the act punished is one which is inherently wrong. Estrada v. • Ex. This classification of felony according to gravity is important with respect to the question of prescription of crimes. It is noteworthy that the amended information alleges that the crime of plunder was committed “willfully. by its very nature. unless the latter should specially provide the contrary. the definition makes a reference specifically to Article 25 of the Revised Penal Code. the same is malum in se.

good faith is not a defense. 1. MALUM PROHIBITUM o The moral trait of the offender is not considered. considering that the special law is silent on this point? ◦ Yes. • May the court pronounce that a person is civilly liable to the offended party. Article 100 states that every person criminally liable for a felony is also civilly liable. The crime of cattle-rustling is not a mala prohibitum but a modification of the crime of theft of large cattle. o it is enough that the prohibited act was voluntarily done. RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY APPLICATION OF RPC Offenses punishable under special laws are not subject to the provisions of the RPC. When Applied? • • As a supplement to the special law. ◦ That article shall be applied suppletorily to avoid an injustice that would be caused to the private offended party. So Presidential Decree No. good faith is a defense. 533. With regard to Article 10. People. DISTINCTION BETWEEN CRIMES PUNISHED UNDER THE REVISED PENAL CODE AND CRIMES PUNISHED UNDER SPECIAL LAWS a.CRIMINAL LAW Where malice is a factor. unless the special law punishes an omission. Rodriguez (1960). 3) In violation of special law. because violations of the Revised Penal Code are more serious than a violation of a special law. the act constituting the crime is a prohibited act. unless the latter should specially provide the contrary (Art. As To Use Of Good Faith As Defense In crimes punished under the Revised Penal Code. unless the crime is the result of culpa. MALUM PROHIBITUM o In crimes punished under special laws. Ladonga vs. it is already a special law. RPC) Article 10 is the consequence of the legal requirement that one must distinguish those punished under special laws and those under the Revised Penal Code. 8. The RPC shall be supplementary to special laws. As To Degree Of Accomplishment Of The Crime MALA IN SE o the degree 18 of MALUM PROHIBITUM o the act gives rise to Sec. observe the distinction. For Example: • A special law punishes a certain act as a crime. People vs. Martinada. But do not think that when a crime is punished outside of the Revised Penal Code. culpa is not a basis of liability. b. if he would not be indemnified for the damages or injuries sustained by him. The main idea and purpose of the article is embodied in the provision that the "code shall be supplementary" to special laws. But a crime in the Revised Penal Code can absorb a crime punishable by a special law if it is a necessary ingredient of the crime in the Code. If no justice would result. MALA IN SE o Good faith or lack of criminal intent is a valid defense. punishing cattle-rustling. It can absorb the crime of murder. 2. 3. c. or simply correlate the violated special law. 3. unless the latter should specifically provide the contrary. if needed to avoid an injustice. do not give suppletory application of the Revised Penal Code to that of the special law. is not a special law. murder was committed. 10. It was held that a violation of a special law can never absorb a crime punishable under the Revised Penal Code. • The special law is silent as to the civil liability of one who violates the same. the offender cannot be prosecuted for murder. If in the course of cattle rustling. take note if the crime is a violation of the Revised Penal Code or a special law. TIP: When given a problem. 10) contains the soul of the article. Therefore. PD no. • Murder would be a qualifying circumstance in the crime of qualified cattle rustling18. As To Moral Trait Of The Offender MALA IN SE o The moral trait of the offender is considered. o This is why liability would only arise when there is dolo or culpa in the commission of the punishable act. People vs. 2. 533 100% UP LAW UP BAROPS 2008 Page 12 of 62 . 451 SCRA 673 The second clause (of Art.

o thus. the penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed. • Presidential Decree No. CA (1990) The offense for which Taer is accused is covered by-Articles 308. 53 of the Revised Penal Code. MALUM PROHIBITUM o The degree of participation of the offenders is not considered. o the degree of participation of each in the commission of the crime is taken into account in imposing the penalty. 1. • the penalties therein were taken from the Revised Penal Code. as amended by "The Anti-Cattle Rustling Law of 1974." The penalty imposed on the principal for the crime of cattle rustling is: xxxxxxxxx Inasmuch as Taer's culpability is only that of an accessory after the fact. d. 2. 7659: • Adopted the scale of penalties in the Revised Penal Code. o thus. As To Mitigating Circumstances MALA IN SE o Mitigating and aggravating circumstances are taken into account since the moral trait of the offender is And Aggravating MALUM PROHIBITUM o Mitigating and aggravating circumstances are not taken into account in imposing the penalty. are and the the a crime only when it is consummated. accomplice and accessory. 100% UP LAW UP BAROPS 2008 Page 13 of 62 . unless the special law expressly penalizes a mere attempt or frustration of the crime. • hence the rules in said Code for graduating by degrees or determining the proper period should be applied. and 310. People v. under Art. offenders are classified as principal. frustrated consummated stages in commission of crime. As To Degree Of Participation MALA IN SE o When there is more than one offender. 309.CRIMINAL LAW accomplishment of the crime is taken into account in punishing the offender. o There is no principal or accessory to consider. 6425 (The Dangerous Drugs Act of 1972) by Republic Act NO. 6425 does not expressly prohibit the suppletory application of the Revised Penal Code. • The stages of the commission of felonies will also apply since suppletory application is now allowed. Taer v. • although Presidential Decree No. The amendments of Presidential Decree No. Simon (1994) For cases of Illegal possession of firearms. there attempted. e. 1866 is a special law. o there are no attempted or frustrated stages. o All who perpetrated the prohibited act are penalized to the same extent. • Mitigating and aggravating circumstances can now be considered in imposing penalties.

it shall render the proper decision. B took the IPOD. The proper judgment is acquittal. 6 also provides liability incomplete elements of a crime. • it follows that whoever commits a felony incurs criminal liability • it is important to note that if the criminal liability arises from an omission ◦ such as misprision of treason or ◦ abandonment of helpless persons. B lets himself in and saw an IPOD on the table. • A felony may arise not only when it is intended. OMISSION C. the law uses the word “felony. arises only upon a specific resulting harm • In homicide and its qualified forms. the court shall submit to the Chief Executive.” This is called transferred intent. when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty. such statement as may be deemed proper. and in cases of excessive penalties. What is B’s criminal liability? B is liable only for theft because the act and the intent occurred only in the act of taking. b. A. PROPOSAL AND CONSPIRACY F. The 2nd par. of Art. LIABILITY FOR INCOMPLETE ELEMENTS AND INCOMPLETE CRIMES E. through the Department of Justice. a felony is an act or omission punishable by law. PROXIMATE CAUSE For most felonies. a. 3. In the same way. Illustration: A and B are supposed to meet in A’s home but when B arrived A was not home. other hand are 100% UP LAW UP BAROPS 2008 Page 14 of 62 . PROXIMATE CAUSE B. 8. 4. Plural crimes on the discussed under Art. THERE IS NO CRIME UNLESS THERE IS A LAW PUNISHING IT Art. without suspending the execution of the sentence. mainly through: A. if the victim does not die the accused may be liable only for physical injuries. 48. Criminal liability for some felonies. The most that he could do is recommend to the Chief Executive to grant executive clemency. The court is mandated to report to the Chief Executive that said act be made subject of penal legislation and why. Where the court finds the penalty prescribed for the crime too harsh considering the conditions surrounding the commission of the crime. • there must be a law requiring the performance of such act.1 of Art. there was no malicious intent in the act of letting himself in. LIABILITY FOR PLURAL CRIMES IMPORTANT THINGS TO REMEMBER: 1. the reasons which induce the court to believe that said act should be made the subject of legislation. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law. 2. for the the acts do not constitute a crime. There are certain crimes which provide specific liability for conspiring to and proposing the commission of certain acts. 5. TRANSFERRED INTENT D. HOW IS CRIMINAL LIABILITY INCURRED? Since in Art. In par. Art. through the Department of Justice. a. but also when it is the product of criminal negligence. particularly the Revised Penal Code. taking into consideration the degree of malice and the injury caused by the offense. Fundamental Principles Criminal Liability Of 2. b. the judge should impose the law. The court cannot convict the accused because This section will dissect each instance where criminal liability may be incurred. B received an SMS from A telling the former to get the house key from under the doormat. Duty of the court in connection with acts which should be repressed but which are not covered by the law. 4 makes a person liable even if the accomplishment of his crime is inherently impossible. criminal liability exists from the concurrence of the mens rea and the actus reus.CRIMINAL LAW III. Article 5 covers two situations: 1.” that whoever commits a felony incurs criminal liability. the principle behind this can be found in Art. What makes paragraph 1 of Article 4 confusing is the addition of the qualifier “although the wrongful act be different from what he intended. and shall report to the Chief Executive.

B hit the car of A. and D. Vda. B was hit at the stomach. produces a felony and without which such felony could not have resulted. Two months later. D. When A’s car reached the intersection of EDSA and Ortigas Avenue. be considered the author of the death of the victim. C. he moved towards the victim. and any reasonable person under the same circumstance might have done the same. C. and E were driving their vehicles along Ortigas Ave. in the absence of evidence that he wanted to commit suicide. the offender is criminally liable for all the consequences of his felonious act. The victim believing himself to be in immediate peril threw himself into the water. However. • although not intended. Somehow. B. The heirs of B filed a case of homicide against A. he put B on the bed and told him not to leave because he will call a doctor. Facts: The deceased is a member of the crew of a vessel. their differences were patched up. Cooler heads intervened and they were separated. That belief would not be engendered in his mind were it not because of the profuse bleeding from his wound. he decided to shorten the agony by cutting his throat. Held: The deceased. After so many weeks of treatment in a clinic. A’s car was ahead. which bled profusely. and rising in rage. Article 4. This case illustrates that proximate cause does not require that the offender needs to actually touch the body of the offended party. but that is not the proximate cause. A and B. he died out of tetanus poisoning. acted solely in obedience to the instinct of self-preservation. The accused must. Accused is in charge of the crewmembers engaged in the loading of cargo in the vessel. His contention that his liability should be only for grave threats since he did not even stab the victim. went into the kitchen and got a kitchen knife and cut his throat. A shot B with an airgun. Proximate v. which sets into motion other causes and which unbroken by any efficient supervening cause. for criminal liability to arise. followed by B. B came home and was chilling. then. had a quarrel. Medina (1957) Proximate cause is that cause. paragraph 1 deals with CAUSATION as the third means of determining criminal liability. A was convicted for manslaughter. with a big knife in hand threatening to kill him. and to pay him also whatever loss of income B may have suffered. The victim died of drowning. so he bumped the car of D. followed by those of B. It is enough that the offender generated in the mind of the offended party the belief that made him risk himself. When A saw this. Immediate v. E was not aware that the traffic light had turned to red. and E. he would die out of the wound inflicted by A.CRIMINAL LAW • Another example is the crime of estafa wherein the victim. and this can be considered as a supervening cause. is the belief that sooner or later. A agreed to shoulder all the expenses for the treatment of the wound of B. Now. The accused was prosecuted for homicide. D. C. The offended party replied that they would be better if he would not insult them. Eventually. the doctor pronounced that the wound was already healed. As to him. the traffic light turned red so A immediately stepped on his break. While A was away. finally. As a general rule. B. #2 In one case. he withdrew the complaint that he filed against A. US vs. Because of that belief. The accused resented this. The Supreme Court rationalized that what made B cut his throat. In this case. IAC (1988) Facts: A and B had a quarrel and started hacking each other. the accused shouted at him. who are brothers-in-law. 2. must incur damage. on the other hand. signed forgiveness in favor of A and on that condition. Because the offended party was slow in his work. in throwing himself into the river. • if the felonious act is the proximate cause of the felony or resulting felony. Thereafter. the immediate cause of the damage to the car of A is the car of B. that the victim died of drowning. A was prosecuted for manslaughter. only that it is a bleeder. B went back to his farm. 1. but the doctor could no longer save him because B’s throat was already cut. The proximate cause is the car of E because it was the care of E which sets into motion the cars to bump into each other. Remote Illustrations: #1 A. therefore. Urbano vs. Valdez (1921). De Bataclan v. B rose from the bed. then D hit the car of C. B died. were it not for the wound inflicted by A. 100% UP LAW UP BAROPS 2008 Page 15 of 62 . it was but the exercise of a choice between two evils. At the height of their quarrel. B was wounded at the back. and was in no sense legally responsible for his own death. It was discussed in the previous section that CRIMINAL INTENT and CRIMINAL NEGLIGENCE are elements for criminal liability. then C hit the car of B. The doctor arrived and said that the wound in the stomach is only superficial. As a result. that profusely bleeding wound would not have been there. Before midnight.

A forced his vehicle to bump the motorela a few times . indeed. which is what happened in this case. many criminals could avoid just accounting for their acts by merely establishing a doubt as to the immediate cause of death. 3. is an efficient supervening cause which relieves A of any liability for the death of B. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. The rule is founded on the practical policy of closing to the wrongdoer a convenient avenue of escape from the just consequences of his wrongful act. A. It does not constitute intervening cause. Because of this.CRIMINAL LAW Held: The Supreme Court held that A is not liable. OMISSION Omission is the inaction. — Criminal liability shall be incurred: 1. Medical evidence were presented that tetanus toxic is good only for two weeks. the victim had incurred tetanus poisoning out of the wound inflicted by A. he persisted resulting in the motorela turning on its side and in the opposite direction The act of accused-appellant in relentlessly pursuing the motorela is a manifestation of his intention to perpetrate the crime. Held: The attending doctors are not liable for the death of the victim. Instead. he would not have lasted two months. A contends that he could not be guilty of any physical injuries suffered by the other passengers because the direct cause of the motorela turning on its left side was the act of the driver in guiding the vehicle while the proximate cause is the thrust which resulted when B suddenly jumped out of the motorela. the failure to perform a positive duty which he is bound to do. 4. What brought about the tetanus to infect his body was his work in the farm using his bare hands. if at all. People v. B. It took into account the incubation period of tetanus toxic. A followed behind in another vehicle with the intent of reporting the incident to the police. Criminal liability. the Supreme Court said that the act of B working in his farm where the soil is filthy. The perceived delay in giving medical treatment to the victim does not break at all the causal connection between the wrongful act of 100% UP LAW UP BAROPS 2008 Page 16 of 62 the appellant and the injuries sustained by the victim. The fact that the injured did not receive proper medical attendance would not affect appellant's criminal responsibility. A should have known that by closely following. efficient The proximate cause of the death of the deceased is the shooting by the appellant. Held: The argument is devoid of merit. Upon seeing that B was trying to jump out of the motorela. C. resulted in the injuries of the driver and the other passenger of the motorela. It is settled that anyone inflicting injuries is responsible for all the consequences of his criminal act such as death that supervenes in consequence of the injuries. Acuram (2000) Appellant blames the death of the victim on the lack of prompt and proper medical attention given. using is own hands. which prompted B to jump. TRANSFERRED INTENT Aberration Ictus Error in Personae Praeter Intentionem Art. 4. The force of the jump caused the motorela to lose balance thereby flipping to its left side and injuring the other passengers. his act of pursuing the victim. pushing and bumping the motorela. There must be a law requiring the doing or performing of an act. . is only liable for the physical injuries inflicted upon B. Even if it be assumed that the real intention of accused-appellant was to surrender the victim to the police for mauling him. The latter took off by riding a motorela which contained other passengers. That if. A disregarded the basic rule in criminal law that a person is responsible for all the consequences of his unlawful or wrongful act although such consequences were different from those which he originally intended. He insists that the delay in giving proper medical attendance to the victim constitutes an efficient intervening cause which exempts him from criminal responsibility. who was a passenger of the motorela. If the rule were otherwise. he could injure the passengers. People v. Enguito (2000) Facts: A was mauled by B.

there is no intent to kill. You cannot have attempted or frustrated homicide or murder as far as C is concerned. Article 49. will apply because out of a mistake in identity. Distinguish this from error in personae. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit. The only time when aberratio ictus may not result in a complex crime is when one of the resulting felonies is a light felony. A hid and when that figure was near him. the crime is only physical injuries. unless the resulting consequence is not a grave or less grave felony. therefore. He positioned himself at one corner where B usually passes. the intended victim as well as the actual victim are both at the scene of the crime. he suddenly hit him with a piece of wood on the nape. the offender is prosecuted for the crime committed not for the crime intended. killing him. In other words. You have a single act as against the intended victim and also giving rise to another felony as against the actual victim.CRIMINAL LAW Art. the penalty corresponding to the latter shall be imposed in its maximum period. if the law prescribes a higher penalty for either of the latter offenses. but he was mistaken for another who was not at the scene of the crime. KIND 1. 49. 4. ILLUSTRATION A shot at B. generally gives rise to a complex crime. If C was only wounded. there is no intent to kill. but because of poor aim. because as far as he is concerned. the following rules shall be observed: 1. o In any event. The crime committed is parricide. There is only one single act—the act of firing at B. The distinction is important because the legal effects are not the same. 2. serious or slight. that blow landed on someone else. In so far as B is concerned. the penalty for the more serious crime is imposed in the maximum period. A thought of killing B. It was the actual victim upon whom the blow was directed. DEFINITION Person directed the blow at an intended victim. — In cases in which the felony committed is different from that which the offender intended to commit. it was not B who was hit but C.. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit. This being so. a crime 2008 Article 49 applies only in a case of error in personae and not in a case of aberratio ictus. aberratio ictus. where the victim actually received the blow. although what was intended was homicide. This is the legal effect. 100% UP LAW UP BAROPS Page 17 of 62 . because of poor aim. Penalty to be imposed upon the principals when the crime committed is different from that intended. that penalty will be the one imposed. the crime at least is attempted homicide or attempted murder. As far as the third party C is concerned. Error In Personae A mistake in identity. LEGAL EFFECT You have a complex crime. When a figure resembling B was approaching. However. o But it will be imposed in the maximum period. in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period. whatever the crime the offender is prosecuted under. the crime is homicide. but he was not really the intended victim. the penalty for the former shall be imposed in its maximum period. 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 C were killed. When the crime intended is more serious than the crime actually committed or vice versa: o whichever crime carries the lesser penalty. Aberratio Ictus In aberratio ictus. But it turned out that it was his own father. 3.

However. The SC gave the offenders 2008 Praeter intentionem is mitigating. because it was the pan de sal that they put into the mouth. A will be prosecuted for parricide but his penalty will be for homicide in its maximum period. the pan de sal slipped through her throat.CRIMINAL LAW was committed different from that which was intended. Because the wife was so talkative. so he hit C on the neck. 5. Article 49 does not apply. The accused entered the store of a Chinese couple. In order however. this circumstance cannot be availed of. In another instance. Instead of B. But because the woman was trying to wiggle from the bondage. If there is no disparity between the means employed by the offender and the resulting felony. 100% UP LAW UP BAROPS Page 18 of 62 . A thought of killing B. There was really no intention to bring about the killing. She died because of suffocation. error in personae is of no effect. there must be a notable disparity between the means employed and the resulting felony. although their intention was only to rob. that the situation may qualify as praeter intentionem. Praeter Intentionem The result is greater than what was intended In Ramos-Andan v. Just the same the crime intended to be committed is homicide and what was committed is actually homicide. Had it been a piece of rag. Error in personae is mitigating if the crime committed is: o Different and o Less serious from that which was intended. Here. They hogtied the Chinaman and his wife. the circumstance of praeter intentionem does not apply. killing the latter. one of the offenders got a pan de sal and placed it in her mouth. C passed. A thought that he was B. If the resulting felony can be foreseen or anticipated from the means employed. People (2006) the court said that the mitigating circumstance of lack of intention to commit so grave a wrong may not be availed of when fraud is employed. it would be different. The offenders were convicted for robbery with homicide because there was a resulting death. It cannot be a case of praeter intentionem because the intention of a person is determined by the means resorted to by him in committing the crime. to commit robbery. particularly covered by paragraph 3 of Article 13.

she died of suffocation. He found out later that the victim was already dead. 100% UP LAW UP BAROPS 2008 Page 19 of 62 . The offender begged that he had no intention of killing the girl and that his only intention was to prevent her from shouting.CRIMINAL LAW the benefit of praeter intentionem as a mitigating circumstance. A man raped a young girl. The means employed is not capable of producing death if only the woman chewed the pan de sal. The young girl was shouting so the man placed his hand on the mouth and nose of the victim. The offender was prosecuted for the serious crime of rape with homicide and was not given the benefit of paragraph 3 of Article 13. The Supreme Court rejected the plea saying that a person who is suffocated may eventually die.

depending on the “social danger and degree of criminality shown by the offender”(Article 59). as well as those which are frustrated and attempted. CLASSIFICATION UNDER ARTICLE 6 Art. would the criminal liability be for an impossible crime? Until the Intod case. IMPOSSIBLE CRIMES Under par. nevertheless. The attitude was so because Article 4 of the Code provides two situations where criminal liability shall be incurred. went to the intended victim’s house and after having pinpointed the latter’s bedroom. In this case. thus. and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which. 285 SCRA 52. four culprits. if such act constituted any other felony although different from what the offender intended. the prevailing attitude was that the provision of the Revised Penal Code on impossible crime would only 100% UP LAW UP BAROPS D. could not and did not constitute another felony. • Example: The dead victim was shot to make it appear that he was trying to escape. It so happened that the intended victim did not come home on that evening and so was not in her bedroom at that time.00 to P500. • But whether we agree or not. Because criminal liability for impossible crime presupposes that no felony resulted form the wrongful act done. Article 4 An impossible crime is an act which would be an offense only against person or property • • were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. the accused is not a principal to an impossible crime but an accessory to the killing committed by the principal. Some asked questions: • Was it really the impossibility of accomplishing the killing that brought about its non-accomplishment? • Was it not purely accidental that the intended victim did not come home that evening and. al. instead of using firearms. Eventually the culprits were prosecuted and convicted by the trial court for attempted murder. are punishable. A. et. the Supreme Court has spoken. LIABILITY FOR INCOMPLETE ELEMENTS 1. Somehow. Otherwise. she was not in her bedroom at the time it was shot and riddled with bullets? • Suppose. all four fired at and riddled the said room with bullets. Consummated Felony When all the elements necessary for its execution are present. do not produce it by reason of causes independent of the will of the perpetrator. all armed with firearms and with intent to kill. the culprits set fire on the intended victim’s house. 2. regardless of whether the wrongful act was an impossible crime against persons or against property. CLASSIFICATION UNDER ARTICLE 6 DEVELOPMENT OF A CRIME ATTEMPT AND FRUSTRATION FACTORS DETERMINING STAGES OF EXECUTION 1. believing that she was there when in fact she was not.. Consummated felonies. the wrongful acts of the culprits caused destruction to the house of the intended victim. unknown to the culprits. the criminal liability should be for such other felony and not for an impossible crime. In the Intod case. which would have constituted a crime against persons or property. 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. the penalty is fixed at arresto mayor or a fine from P200. this felonious act negates the idea of an impossible crime.00. The Court of Appeals affirmed the judgment but the Supreme Court modified the same and held the petitioner liable only for the so-called impossible crime. 3. we have to respect its ruling. Liability under this paragraph is incurred only if: • the offender has actually performed the act against the person or property of the intended victim and such act does not constitute another felony. thinking that the intended victim was already there as it was about 10:00 in the evening. Modified Concept of impossible crime Intod vs. CA. Frustrated Felony 2008 Page 20 of 62 . A felony is consummated when all the elements necessary for its execution and accomplishment are present. the decision depreciated the seriousness of the act committed. 2. There is an attempt when the offender commences the commission of a felony directly by overt acts. 6. 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. The felony is produced B. 4.CRIMINAL LAW C. apply when the wrongful act. As a result. considering the lawlessness by which the culprits carried out the intended crime.

C. All the acts performed would produce the felony as a consequence. Attempted Felony When the offender commences the commission of a felony directly by overt acts. Attempted ACTS PERFORMED: Overt acts of execution are started Frustrated ACTS PERFORMED: All acts of execution are finished WHY: Due to reasons other than the spontaneous desistance of the perpetrator POSITION IN THE TIMELINE: Offender still in subjective phase because he still has control of his acts WHY: Due to intervening causes independent of the will of the perpetrator Example: Ernie goes to the kitchen to get a knife b.The offender commences the commission of the felony directly by overt acts. He does not perform all the acts of execution which should produce the felony. the crime is an attempt. 100% UP LAW UP BAROPS Offender is already in the objective phase because all acts of execution are already present and the cause of its nonaccomplishment is other than the offender’s will Attempted Stage Elements: 1.The offender’s act is not stopped by his own spontaneous desistance. c.If Burt was stabbed in a critical body part but managed to survive due to timely medical assistance. the nature of his act indicated the intent to kill because of the treachery employed—he is liable for any of the stages of murder depending on the actual result: a. the crime is frustrated. DEVELOPMENT OF A CRIME Overt act • Are external acts which if allowed to continue its natural course would definitely result into a felony. ATTEMPT AND FRUSTRATION The difference between the attempted stage and the frustrated stage lies on • whether the offender has performed • all the acts of execution • for the accomplishment of a felony. Its nature in relation to its objective is ambiguous. Development of a crime 1. 304 – possession of picklocks) o these acts do not yet constitute even the first stage of the acts of execution o intent not yet disclosed Not all execution present acts of are BUT Crime sought to be committed is not achieved Example: If Ernie stabbed Burt from behind. Acts of Execution o acts directly connected to the crime o Punishable under the RPC o usually overt acts with a logical relation to a particular concrete offense POSITION IN TIMELINE: THE Example: Ernie stabs Burt Indeterminate offense • It is one where the purpose of the offender in performing an act is not certain. • It is the start of criminal liability because the offender has commenced the commission of an offense with overt acts. If Ernie lunged at Burt from behind but was only able to graze Burt’s arm because of the latter’s reflex.He does not perform all the acts of execution which should produce the felony. • The intention of the accused must be viewed from ◦ the nature of the acts executed by him. Internal acts – intent and plans. External acts BUT a. 3. By reason of some cause or accident other than his own spontaneous desistance. the crime is consummated. 2. usually not punishable Example: Ernie plans to kill Burt 2. Preparatory Acts – o acts tending toward the crime o ordinarily not punished except when considered by law as independent crimes (Art. The felony is not produced. By reason of causes independent of the will of the perpetrator. 3. b. 2008 Page 21 of 62 . 2. and ◦ not from his admission.If Burt dies.CRIMINAL LAW When the offender performs all the acts of execution.

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

Marks the commencement of the subjective phase • 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 including their (acts) natural course If between those two points • the offender is stopped • by reason of any cause outside of his own voluntary desistance, ◦ the subjective phase has not been passed and it is an attempt. If he is not stopped but continues until he performs the last act, it is either consummated or frustrated. Example: The subjective phase for Ernie was from the moment he swung his arm to stab Burt up until he finished his stroke. This is the interim where he still has control of his actions Desistance • It is the act which will negate criminal liability when made during the attempted stage. • Desistance is true only in the attempted stage of the felony. If under the definition of the felony, the act done is already in the frustrated stage, no amount of desistance will negate criminal liability. • The spontaneous desistance of the offender negates only the attempted stage ◦ but not necessarily all criminal liability. • Even though there was desistance on the part of the offender, if the desistance was made when acts done by him already resulted to a felony, ◦ that offender will still be criminally liable for the felony brought about his act. ◦ What is negated is only the attempted stage, but there may be other felonies constituting his act. Example: Supposing Ernie (because he thought killing Burt was too easy a revenge) desisted mid-stroke. However, Burt felt the movement and turned. He was so shocked that he suddenly backed away and tripped over his own feet. As Burt went down, his left eye caught the sharp corner of a table causing a puncture on his eyeball rendering him completely blind on the left side. a. Ernie would not be liable for attempted murder because of his desistance (regardless of his reason for doing so) b.His liability would now be for serious physical injuries because his act of raising the knife was the proximate cause for Burt losing an eye. 100% UP LAW UP BAROPS

In the attempted stage, the definition uses the word “directly.” • This is significant. In the attempted stage, • the acts so far performed may already be a crime or • it may just be an ingredient of another crime. • The word “directly” emphasizes the requirement that the attempted felony is that which is ◦ directly linked to the overt act performed by the offender, ◦ not the felony he has in his mind. In criminal law, you are not allowed to speculate, not to imagine what crime is intended, but apply the provisions of the law to the facts given. People v. Lamahang (1935) The accused was arrested while he was detaching some of the wood panels of a store. He was already able to detach two panels. To a layman, the only conclusion that will come to your mind is that this fellow started to enter the store to steal something. He would not be there just to sleep there. But in criminal law, since the act of removing the panel indicates only at most the intention to enter, he can only be prosecuted for trespass. The removal of the paneling is just an attempt to trespass, not an attempt to rob. Although Lamahang was prosecuted for attempted robbery, the Supreme Court held it is only attempted trespass because that is the crime that can be directly linked to his act of removing the wood panel. There are some acts which are ingredients of a certain crime, but which are, by themselves, already criminal offenses. People v. Campuhan (2000) Facts: The mother of the 4-year-old victim caught the houseboy Campuhan in the act of almost raping her daughter. The hymen of the victim was still intact but since in previous Orita ruling, entry into labia is considered rape even without rupture of hymen and full penetration is not necessary, question arises whether what transpired was attempted or consummated rape. Held: Attempted rape only. Mere touching of external genitalia by the penis is already rape. However, touching should be understood as inherently part of entry of penis into labia and not mere touching of the pudendum. There must be clear and convincing proof that the penis indeed touched the labia and slid into the female organ and NOT MERELY STROKED THE EXTERNAL SURFACE. Some degree of penetration beneath the surface must be achieved and the labia major must be entered. Prosecution did not prove that the Campuhan’s penis was able to penetrate victim’s vagina because the kneeling position of the accused obstructed the mother’s view of the alleged sexual contact. The testimony of the victim herself claimed that penis grazed but did not penetrate her organ. There was only a shelling of the castle but no bombardment of the drawbridge ye (I 2008 Page 22 of 62

CRIMINAL LAW
suppose, this, if nothing else, will make you remember this case). Frustrated Stage Elements: 1. The offender performs all the acts of execution; 2. All the acts performed would produce the felony as a consequence; 3. But the felony is not produced; 4. By reason of causes independent of the will of the perpetrator. 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 are present, there is a consummated felony. • There is no middle stage between being not burned and burned.

3. BRIBERY The manner of committing the crime requires • the meeting of the minds between the giver and the receiver. • If there is a meeting of the minds, there is consummated bribery or consummated corruption. • If there is none, it is only attempted. • This leaves out the frustrated stage because of the manner of committing the crime. 4. CORRUPTION OF PUBLIC OFFICERS Same with bribery. 5. ADULTERY This requires the sexual contact two participants. • If that link is there, the crime is consummated; • if such link is absent, there is only an attempted adultery. 6. PHYSICAL INJURIES Under the Revised Penal Code, the crime of physical injuries is penalized on the basis of the gravity of the injuries. Actually, there is no simple crime of physical injuries. You have to categorize because there are specific articles that apply whether the physical injuries are serious, less serious or slight. If you merely say physical injuries, you would not know which article to apply. This being so, you could not punish the attempted or frustrated stage because • you do not know what crime of physical injuries was committed. • Physical injuries are punished by the result. Example: When Burt lost his left eye, Ernie’s liability was automatically for serious physical injuries. He would have no liability if the eye was intact. If the eye suffered damage due to the impact, the crime would not be frustrated nor attempted physical injuries because the RPC still considers this as a consummated physical injury, its gravity depending on the duration that it took for the damage to heal. 7. THEFT There is no crime of frustrated theft. Once there is unlawful taking, theft is consummated. • Either the thing was taken or not. Disposition of the stolen goods is not an element of theft under the RPC19.

CRIMES WHICH DO NOT ADMIT OF A FRUSTRATED STAGE 1. 2. 3. 4. 5. 6. 7. RAPE ARSON BRIBERY CORRUPTION OF PUBLIC OFFICERS ADULTERY PHYSICAL INJURIES THEFT

1. RAPE The essence of the crime is carnal knowledge. No matter what the offender may do to accomplish a penetration, • if there was no penetration yet, it cannot be said that the offender has performed all the acts of execution. • We can only say that the offender in rape has performed all the acts of execution when he has effected a penetration. Once there is penetration already, • no matter how slight, the offense is consummated. • For this reason, rape admits only of the attempted and consummated stages, no frustrated stage. This was the ruling in the case of People vs. Orita (see the previously cited case of People v. Campuhan for the most recent doctrine on penetration). 2. ARSON One cannot say that the offender, in the crime of arson, has already performed all the acts of execution which could produce the destruction of the premises through the use of fire, • unless a part of the premises has begun to burn. • If it has not begun to burn, that means that the offender has yet to perform all the acts of execution. On the other hand, the moment it begins to burn, the crime is consummated. 100% UP LAW UP BAROPS

4. 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.

1919

Valenzuela v. People

2008

Page 23 of 62

CRIMINAL LAW
TIP: M.E.N. These three factors are helpful in trying to pinpoint whether the crime is still in its attempted, frustrated or consummated stage. capable of producing a felony as a consequence. • Hence, the general rule is that there must be a fatal injury inflicted, because it is only then that death will follow.

1. The Manner of Committing the Crime Under the RPC, some crimes take two to commit the crime like adultery. • In bribery, the manner of committing the crime requires the meeting of the minds between the giver and the receiver. 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.

There are instances where an intended felony could already result from the acts of execution already done. • Because of this, the offender is deemed to have performed all the acts of execution ONLY by the existence of the result. Without the resulting felony, there is no way of determining whether the offender has already performed all the acts of execution or not like rape and arson. 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 manner provided for in the law, HE HAS ALREADY DEEMED TO HAVE PERFORMED EVERY ACT FOR ITS EXECUTION. 2. The Elements of the Crime Along with the manner of execution, there are crimes wherein the existence of certain elements becomes the factor in determining its consummation. • In the crime of estafa, the element of damage is essential before the crime could be consummated. If there is no damage, even if the offender succeeded in carting away the personal property involved, estafa cannot be considered as consummated. • 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. • 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 In crimes involving the taking of human life—parricide, homicide, and murder— • in the definition of the frustrated stage, ◦ it is indispensable that the victim be mortally wounded. Under the definition of the frustrated stage, to consider the offender as having performed all the acts of execution, the acts already done by him must produce or be

100% UP LAW

UP

BAROPS

2008

Page 24 of 62

proof of previous agreement among the malefactors to commit the crime is not essential to prove conspiracy. For as long as the conspirators merely entered the bank there is no crime yet. conspiracy is bilateral. unless a co-conspirator was absent from the scene of the crime or he showed up. C and D came to an agreement to commit rebellion. 1) People vs. But when one of them draws a gun and disarms the security guard. Pinto. QUANTUM OF PROOF: Reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal objective. RATIONALE: Conspiracy and proposal to commit a crime are only preparatory acts and the law regards them as innocent or at least permissible except in rare and exceptional cases. all of them shall be held liable. PROPOSAL: Proposal is true only up to the point where the party to whom the proposal was made has NOT yet accepted the proposal. THE ACT MUST BE ACCOMPLISHED. Their agreement was to bring about the rebellion on a certain date. B. it requires two parties. if there is only conspiracy or proposal. else the conspiracy is obliterated and the ACT ITSELF IS PUNISHED. a conspiracy arises.CRIMINAL LAW E. It must be established by positive and conclusive evidence. there is already criminal liability arising from the conspiracy to commit the rebellion. rebellion. sedition and coup d’ etat are the only crimes where the conspiracy and proposal to commit them are punishable The act MUST NOT BE ACCOMPLISHED. Once the proposal was accepted. THERE IS NO CRIME TO BE PUNISHED. 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. Bulan. The act of meeting together is not necessary as long as a common objective can be discerned from the overt acts. Laurio. 200 SCRA 489. Three persons plan to rob a bank. QUANTUM OF PROOF: Conspiracy as a crime must be established beyond reasonable doubt AS A BASIS FOR LIABILITY EXECUTORY ACTS Commission of overt act The participants acted in concert or simultaneously or IN ANY WAY which is indicative of a meeting of the minds towards a common criminal goal or criminal objective. A. But if anyone of them has committed the overt act of rebellion. This was the ruling in People vs. 2005 The prosecution must prove conspiracy by the same quantum of evidence as the felony charged itself although. Even if none of them has performed the act of rebellion. what is primordial is that all the participants performed 100% UP LAW UP BAROPS 2008 Page 25 of 62 . CONSPIRACY AND PROPOSAL Conspiracy and proposal to commit a felony are two different acts or felonies. Proposal is unilateral. but he tried to prevent the commission of the crime. This subsists even though the other co-conspirator does not know that one of them had already done the act of rebellion. not by conjectures or speculations. It is not necessary to show that all the conspirators actually hit and killed the victim. the crime of all is no longer conspiracy but rebellion itself. 2) People v. one party makes a proposition to the other. TWO CONCEPTS OF CONSPIRACY AS A CRIME STAGE HOW INCURRED LEGAL REQUIREMENTS ILLUSTRATION PREPARATORY ACTS Mere agreement The RPC must specifically punish the act of conspiring (and proposing) Treason.

Philosophy behind plural crimes: • The treatment of plural crimes as one is to be lenient to the offender. When A looked back at the young lady with D. B and C became hostile with one another. “I will bring you there. Nierra If a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts.. shall not render one criminally liable as co-conspirator. 4) Taer vs. without any act of criminal participation. their joint purpose. Because of this. CA. The wife was prosecuted for parricide. As a general rule. Implied Conspiracy Conspiracy need not be direct but may be inferred from the conduct of the parties. regardless of the degree of injury inflicted by any one of them. desistance is true only in the attempted stage. is not enough to constitute a conspiracy. the young lady agreed to marry D. 3) People v. At that instance. E. b. After the robbery was finished. Do not think that participants are always known to each other. Pangilinan. CONTINUED AND CONTINUING CRIMES 1) PLURALITY OF CRIMES 7) Do not search for an agreement among the participants. he took the conspirators back to his taxi and brought them away. His cooperation was not really indispensable. On several occasions. C and B followed.” The taxi driver brought the conspirators where the robbery would be committed. The idea of a conspiracy is incompatible with the idea of a free for all. When A. c. Conspiracy is only in the preparatory stage. it was held that conspiracy was present 8) People vs. When several persons who do not know each other simultaneously attack the victim. acquiescence to. they all stood up to leave the house of the young lady feeling disappointed. There is no definite opponent or definite intent as when a basketball crowd beats a referee to death. Only those who participated in the criminal acts during the commission of the crime will be considered co-conspirators. they even visited the lady on intervening hours. The common notion is that when there is conspiracy involved. Before this stage. and the taxi driver was present during the planning. 186 SCRA 5980. B and C learned about this. without cooperation at least. If they acted simultaneously to bring about their common intention. 5) A conspiracy is possible even when participants are not known to each other. A. A. Not all those present at the crime scene will be considered conspirators. As pointed out earlier. Illustration: There was a planned robbery. PLURAL CRIMES 1) PLURALITY OF CRIMES 2) KINDS OF PLURAL CRIMES a. who. community of interest and in the mode and manner of commission of the offense. the act of one is the act of all. conspiracy exists. This notion is no longer absolute. One day. such coconspirator should be punished as an accomplice only. The wife took pity and shouted for them to stop but the goons continued. All will be liable for the consequences. She hired some persons to kill him and pointed at her husband. 9) Siton vs. and after committing the robbery I will return later. At most. Illustration: Consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared. what he only extended was his cooperation. Illustrations: A thought of having her husband killed because the latter was maltreating her. D invited the young lady and she accepted the invitation. And when conspiracy exists. B and C have been courting the same lady for several years. COMPLEX CRIMES b. The wife ran away. The reason given is that penal laws always favor a milder form of responsibility upon and offender. agreement to cooperate. Eventually. the participants are punished as principals. The taxi driver agreed for the use of his cab but said. It was held that the taxi driver was liable only as an accomplice.CRIMINAL LAW specific acts with such closeness and coordination as to indicate a common purpose or design to bring out the victim’s death. CA. 100% UP LAW UP BAROPS 2008 Page 26 of 62 . 6) The Supreme Court has ruled that one who desisted is not criminally liable. There must be an intentional participation in the crime with a view to further the common felonious objective. A stabbed D. The taxi driver did not really stay during the commission of the robbery. he saw D laughing menacingly. But the Supreme Court said that there was desistance so she is not criminally liable. there is only a preparatory stage. The goons got hold of her husband and started mauling him. do not consider the degree of participation of each conspiracy because the act of one is the act of all. In this case. The legal effects of implied conspiracy are: a. The robbers could have engaged another taxi. they have equal responsibility. Mere acquiescence to or approval of the commission of the crime. or approval of the act. SPECIAL COMPLEX CRIMES c. Mere knowledge.

or • an offense must be a NECESSARY MEANS FOR COMMITTING the other. Example: A stabbed B. Art. Example: Crimes: Murder and theft (killed with treachery. 48 requires the commission of at least 2 crimes. they constitute only one crime • in the eyes of the law as well • as in the conscience of the offender.When the law specifically fixes a single penalty for 2 or more offenses (a) 2 or more grave felonies. That only a SINGLE ACT is performed by the offender 2. COMPOUND CRIME . Formal or Ideal Plurality 1. • Divided into 3 groups: Single Act Throwing a hand grenade 1. PLURALITY OF CRIMES There is no conviction of any of the crimes committed. committed. the penalty for the most serious crime shall be imposed. Then. or (c) 2 or more less grave felonies 100% UP LAW UP BAROPS 2008 Page 27 of 62 . When the offender commits continued crimes. a. the same to be applied in its maximum period.When an offense is a necessary means for committing the other. (COMPLEX CRIMES) b. NATURE OF COMPLEX CRIMES: although two or more crimes are actually committed. But the two or more GRAVE or LESS GRAVE felonies must be • the result of a SINGLE ACT.When a single act results in two or more grave or less grave felonies 2. TWO KINDS OF COMPLEX CRIMES c. 48.CRIMINAL LAW ◦ instead of being made to suffer distinct penalties for every resulting crime is made to suffer one penalty only. NATURE OF COMPLEX CRIMES b. COMPOUND CRIME REQUISITES: 1. A also stabbed C. b. 48 of the Code. COMPLEX CRIME PROPER . CRIMES) (SPECIAL COMPLEX ◦ c. — If by complexing the crime. the offender shall be punished for each and every offense that he committed. (CONTINUING AND CONTINUED CRIMES) Complex Crimes a. but of substance under the Revised Penal Code. There are two crimes committed.When the offender commits any of the complex crimes defined in Art. the evil intent of the offender is only one. TWO KINDS OF COMPLEX CRIMES 2) KINDS OF PLURALITY OF CRIMES Real or Material Plurality • • There are different crimes in law as well as in the conscience of the offender. the penalty would turn out to be higher. RECIDIVISM There must be conviction by final judgment of the first or prior offense. Penalty: If complex: Reclusion temporal maximum to death. although it is the penalty for the most serious one and is in the maximum period. or (b) 1 or more grave and 1 or more less grave felonies. GENERAL RULES IN COMPLEXING Art. That the single acts produces a. If treated individually: Reclusion temporal to Reclusion Perpetua Complex-crime is not just a matter of penalty. or when an offense is a necessary means for committing the other. Penalty for complex crimes. In such cases. Even in the case where an offense is a necessary means for committing the other. When a single act constitutes two or more grave or less grave felonies. and then stole the wallet). Several Acts Submachine gun – because of the number of bullets released A single bullet killing Firing of the revolver two person twice in succession • There is but one criminal liability in this kind of plurality. do not complex anymore.

Art. That at least two offenses are committed 2. The penalty for complex crime is the penalty for the most serious crime. Subsequent acts of intercourse. 5. No complex crime. but only the first part thereof (compound crime). arson. COMPLEX CRIME PROPER REQUISITES: 1. • if they result in separate crimes. Example: When the crime is committed by force or violence. ◦ there is no complex crime at all. there being a single criminal impulse. No complex crime where one of the offense is penalized by a special law. 4. 2. When the offender had in his possession the funds which he misappropriated. the court of higher jurisdiction shall try the complex crime. When a complex crime is charged and one offense is not proven. the offender shall be prosecuted for as many crimes as are committed under separate information. 6. The phrase “necessary means” does not mean “indispensable means” In complex crime. the BASIS for COMPLEXING is not the singleness of the act but the singleness of the impulse that is considered. hence each will have a separate penalty. two or more grave or less grave felonies resulted. 6. 48 applies only to cases where the Code does not provide a definite specific penalty for a complex crime. 3. 8. it may happen that ◦ the offender is impelled only by a single criminal impulse ◦ in committing a series of acts that ◦ brought about more than one crime In this case. GENERAL RULES IN COMPLEXING CRIMES 1. the accused can be convicted of the other. without evidence how many each killed. 2. 3. the falsification of a public or official document involving said offense is a separate offense. That one or some of the offenses must be necessary to commit the other 3. 1. c. The crime is a complex crime of homicide with assault upon a person in authority. the assumption is that each act is impelled by a distinct criminal impulse. are separate acts of rape. However. after forcible abduction with rape. Ortega thinks otherwise). • although similar. he must have a single purpose. robbery.CRIMINAL LAW Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony. Article 48 also applies in cases when out a single act of negligence or imprudence. 7. when one offense is committed to conceal the other. So that when an offender • performed more than one act. Art. That both or all the offenses must be punished under the same statute. The second part of Article 48 does not apply. One information should be filed when a complex crime is committed. 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. #2 When in obedience to an order several accused simultaneously shot many persons. 2. • Special Complex/Composite Crimes The substance is made up of more than one crime but which • in the eyes of the law is only a single • NO COMPLEX CRIME PROPER: 100% UP LAW UP BAROPS 2008 Page 28 of 62 . When two felonies constituting a complex crime are punishable by imprisonment and fine. only the penalty of imprisonment should be imposed. or other common crimes (re: rebellion. 48 does not apply when the law provides one single penalty for special complex crimes. when the offender executes various acts. Not complex crime when trespass to dwelling is a direct means to commit a grave offense. The basis in compounding the crime is the act. There is no complex crime of rebellion with murder. there is only a single offense. 5. When two crimes produced by a single act are respectively within the exclusive jurisdiction of two courts of different jurisdiction. referring to the complex crime proper because this applies or refers only to a deliberate commission of one offense to commit another offense. 4. • instead. • • When there are several acts performed. the same to be applied in its maximum period. slight physical injuries are absorbed. respectively.

All of them will be liable for robbery with rape. Illustration: 1) People v. Insofar as the crime of theft is concerned. The exception is • if any of the co-conspirator would commit a crime not agreed upon. and C would stay on the first floor. A would ransack the second floor. A continued crime is different from a TRANSITORY CRIME which is also called a MOVING/CONTINUING CRIME. The crimes committed are homicide and theft. and C are liable because that was agreed upon and theft was not an integral part of homicide. The rule would be different if the crime committed was not a composite crime. 100% UP LAW UP BAROPS 2008 Page 29 of 62 . the rule is that the act of one is the act of all. This is a distinct crime so the rule will not apply because it was not the crime agreed upon.CRIMINAL LAW indivisible offense. Illustration: A. Exception to the exception: • In acts constituting a single indivisible offense. the roosters were owned by different persons. unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force. A continuous. The crime committed is robbery with rape. A raped a girl upstairs. B. Example: A collector of a commercial firm misappropriates for his personal use several amounts collected by him from different persons. however long a time it may occupy. A and B ran into different directions. Continued and Continuing Crimes CONTINUED CRIME . As a general rule. which is not a complex crime. CONTINUING CRIME The term used in criminal procedure to denote that • a certain crime may be prosecuted and tried not only before the court of the place where it was originally committed or began. 335) A. • all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. B was to wait outside. • When there is conspiracy. and C killed D and after that. When they saw the opportunity. A continuing crime is not a complex crime. and C agreed to kill D. 267 (3)) • Rape with Homicide (Art. Even if B and C did not know that rape was being committed and they agreed only and conspired to rob. Rape cannot be separated from robbery. 294 (1)) • Robbery with Rape (Art. As far as the homicide is concerned. and C decided to commit robbery in the house of D. de Leon (1926) The accused took five roosters from one and the same chicken coop. o even though the co-conspirator performed different acts bringing about the composite crime. A. • This principle applies only to the crime agreed upon. The term is used in criminal procedure when • any of the material ingredients of the crime was committed in different places. Unknown to B and C. B. So C will be liable for homicide and theft. Special Complex Crimes • Robbery with Homicide (Art. C inspected the pocket of the victim and found that the victim was wearing a ring—a diamond ring—and he took it. The liability for special complex crimes is linked with that of conspiracy. B. all will be liable for such crime. • This happens when the crime agreed upon and the crime committed by one of the co-conspirators are distinct crimes. • but also before the court of the place where the crime was continued. yet rape was part of robbery. One crime only because the different appropriations are but the different moments during which once criminal resolution arises and a single defraudation develops. C will be the only one liable. A. o They can only evade responsibility for any other crime outside of that agreed upon if it is proved that the particular conspirator had tried to prevent the commission of such other act. but an indivisible felony under the Article 294 of the Revised Penal Code. Pursuant to their agreement. B. 294 (2)) • Kidnapping with serious physical injuries (Art.

Some of the accused killed their victims in one place within the same penitentiary. some killed the others in another place within the same penitentiary. the accused should be held for the complex crime of multiple homicide with multiple frustrated homicide. But the multiple rapes should be considered only as one because they are in the nature of a continued crime. 4) People v. Each must be considered as a separate act. The confusion lies in this: • While Article 48 speaks of a complex crime where a single act constitutes two or more grave or less grave offenses. 100% UP LAW UP BAROPS Applying the concept of the “continued crime”. only one complex crime of rape would arise. The definition in Article 48 is not honored because the accused PERFORMED MORE THAN ONE ACT. The forcible abduction must be complexed therewith. The act of one is the act of all. after all. this crime is considered as one and prosecuted under one information. It is correct that when the offender acted in conspiracy. Although in this case. The band of robbers ransacked the different quarters therein. the Supreme Court has extended this class of complex crime to those cases when the offender performed not a single act but a series of acts as long as it is the product of a single criminal impulse. Garcia (1980). Tumlos. because they acted in conspiracy or under the same criminal impulse. • It is necessary to consider them as complex crimes even if the essence of the crime does not fit the definition of Art 48. the Supreme Court adopted the dissenting opinion of Justice Aquino in People v. ◦ were considered by the Supreme Court as a complex crime ◦ when it is shown that the act is the product of one single criminal impulse. (2) The theft of six roosters belonging to two different owners from the same 2008 Page 30 of 62 . Each of the four offenders was convicted of four rapes. the four took turns in abusing her. People v. the following cases have been treated as constituting one crime only: (1) The theft of 13 cows belonging to two different persons committed by the accused at the same place and period of time (People v. Because there were several victims killed and some were mortally wounded. When the robbers entered the compound. that when several persons abducted a woman and abused her. The consecutive abuse cannot be considered as continued crimes because there is a different intent for each act of rape.CRIMINAL LAW It was held that there is only one crime of theft committed because the accused acted out of a single criminal impulse only. There is a complex crime not only when there is a single act but a series of acts. Bulaong (1981). • TIP: If confronted with a problem. The Supreme Court ruled that all accused should be punished under one information because they acted in conspiracy. • it is necessary to embody these crimes under one single information. 67 Phil. One of the four rapes committed by one of them was complexed with the crime of abduction. There were four participants here. The abuse amounting to rape is complexed with forcible abduction because the abduction was already consummated when the victim was raped. They abducted the woman. The workers of said mill have their quarters within the compound. the Supreme Court considered this as complex. regardless of the number of rapes committed. NOTE: This is a dangerous view because the abductors will commit as much rape as they can. Jose. It was held that there is only one crime committed – multiple robbery. there was no single purpose for the rapes. Hence. The accused were convicts who were members of a certain gang and they conspired to kill the other gang. --not because of Article 48 but because this is a continued crime. because there is no other provision in the RPC. It was held that each one of the four became liable not only for his own rape but also for those committed by the others. This was a complex crime. The rapes committed were in the nature of a continued crime characterized by the same lewd design which is an essential element in the crime of forcible abduction. the offenders did not only kills one person but killed different persons. Pabasa. 3) People v. Whenever the Supreme Court concludes that the criminal should be punished only once. after which. 320). Illustration: A band of robbers came across a compound where a sugar mill is located. those cases involving a series of acts resulting to two or more grave and less grave felonies. 2. they were moved by a single criminal intent which is why it does not matter that there were several quarters robbed. there should only be one complex crime of forcible abduction with rape.

13 Phil 306). • constitutes one larceny only. In the theft cases. all participants are criminally liable. (2) Several malversations committed in May. A. Said acts were committed on two different occasions. The Supreme Court declined to apply the concept in the following cases: (1) Two Estafa cases. There is no basis for criminal liability because there is no criminal participation. (1993) Here. The concept of delito continuado has been applied to crimes under special laws since in Article 10. 1955 and the other from January 1956 to July 1956 (People v. accused”). OR ACCESSORY. b. 2. only the principal and the accomplice are liable. and all acts of collection were made under the same criminal impulse. The prosecution manifested that they would only file one information. Do not use the term “principal” when the crime committed is a violation of special law (use the term “offender/s. Dichupa. Conspiracy is generally not a crime unless the law specifically provides a penalty therefor. • the trend is to follow the single larceny doctrine. unless the latter provides the contrary. CIV. 66 Phil. Subsequently. (2) caused injury to one party only – the government. but accessories are not liable for light felonies. 3. ACCOMPLICE. The collections of legal fees were impelled by the same motive. 324. 32 amended informations were filed. ◦ at the same time and place. it is only when the light felony is against persons or property that criminal liability attaches to the principal or accomplice. c. the Revised Penal Code shall be supplementary to special laws. ◦ that is taking of several things. Justice Garchitorena. 1936. c. Abandoned is the doctrine that the government has the discretion to prosecute the accused • for one offense or • for as many distinct offenses as there are victims 5) Santiago v. Therefore. or less grave. the accused was charged with performing a single act – that of approving the legalization of aliens not qualified under the law. Page 31 of 62 . 1. who are liable: materially execute the crime appear at the scene of the crime perform acts necessary in the commission of the offense Why one who does not appear at the scene of the crime is not liable: a. one which was committed during the period from January 19 to December. 351). PERSONS CRIMINALLY LIABLE Under the Revised Penal Code. because the penalties under the latter are never graduated. when more than one person participated in the commission of the crime. that of collecting fees for services rendered. PRINCIPALS BY DIRECT PARTICIPATION BY INDUCTION BY INDISPENSABLE COOPERATION 1.CRIMINAL LAW coop and at the same period of time (People v. 2. b. 10 SCRA 156). the law looks into their participation because in punishing offenders. The malversations and falsifications were not the result of one resolution to embezzle and falsity (People v. June and July 1936 and falsifications to conceal said offenses committed in August and October. But where the felony is only light. This classification is true only under the Revised Penal Code and is not applied under special laws. a. The Supreme Court directed the prosecution to consolidate the cases into one offense because (1) they were in violation of the same law – Executive Order No. (3) The illegal charging of fees for service rendered by a lawyer every time he collected veteran’s benefits on behalf of a client who agreed that attorney’s fees shall be paid out of such benefits (People v. culprit/s. BY DIRECT PARTICIPATION Those a. His non-appearance is deemed desistance which is favored and encouraged. Jaranilla). ◦ whether belonging to the same or different owners. (3) Seventy-five estafa cases committed by the conversion by the agents of collections from the customers of the employers made on different dates. and (3) they were done in the same day. even though the felony is only attempted or frustrated. less grave or light felony: 1. The accessory is not. When the felony is grave. Sabbun. the Revised Penal Code classifies them as: • • • PRINCIPAL. As to the liability of the participants in a grave. 100% UP LAW UP BAROPS 2008 IV.

188 SCRA 69 (1990). The family was not in good terms with their neighbors. Is the person who shouted criminally liable? Is that inducement? No. Determine if there is a conspiracy. The father challenged everybody and when the neighbors approached. Oscar has no rancor with the victim for him to kill the latter. the liability of the wife is only that of an accomplice. Utterance was said in the excitement of the hour. Ernesto is principal by inducement. Conspiracy is negated by the acquittal of co-defendant. • B. It was held that there was no conspiracy. 100% UP LAW UP BAROPS 2008 . such offender will be regarded only as an accomplice. o the crime would be committed just as well. Apply the doctrine of pro reo. 2) People v. Ernesto shouted to his younger brother Oscar. The shouts of his wife “here comes another. and considering further that doubts must be resolved in favor of the accused. ACCOMPLICES When is one regarded as an accomplice: 1. then such cooperation would bring about a principal. Agapinay. “Kill him! Kill him!” A killed the other person. and it was Ernesto who provided his allowance. BY INDISPENSABLE COOPERATION What is the essence of being a principal by indispensable cooperation: • The focus is not just on participation but on the importance of participation in committing the crime. 188 SCRA 812 (1990). a person shouted to A. we will bury him. o If the cooperation merely facilitated or hastened the consummation of the crime. Neither is the wife’s act of beaming the victim with a flashlight indispensable to the killing. The one who uttered “kill him. What are the effects of acquittal of principal by direct participation upon the liability of principal by inducement: a. who was 18 years old. 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. • Exception: o If the participation of one is so insignificant o such that even without his cooperation. When does a principal by induction become liable: • The principal by induction becomes liable only when the principal by direct participation committed the act induced. One of the sons of family A came out with a shotgun. he went home to get a rifle. 3) People v. the son was mauled.” while the felonious aggression was taking place cannot be held liable as principal by inducement. Balderrama 226 SCRA 537 (1993). She assisted her husband in taking good aim. What are the other traits of an accomplice • • does not have a previous agreement or understanding. • If there is. 3. Considering that it was not so dark and the husband could have accomplished the deed without his wife’s help. as a general rule. shoot him” cannot make the wife a principal by inducement. “Birahin mo na. His mother then shouted. Examples: • While in the course of a quarrel.CRIMINAL LAW 2. this would make the cooperator merely an accomplice. Madall. o If the crime could hardly be committed without such cooperation. • Ill-advised language is not enough unless he who made such remark or advice is a co-conspirator in the crime committed. • There was a quarrel between two families. In case of doubt. • The basis is the importance of the cooperation to the consummation of the crime. Is the mother liable? No. but such assistance merely facilitated the felonious act of shooting. the criminal liability of all will be the same. o then notwithstanding the existence of a conspiracy. favor the lesser penalty or liability. Considering that Ernesto had great moral ascendancy and influence over Oscar. clothing. or is not in conspiracy with the principal by direct participation Page 32 of 62 1) People v. The shouting must be an irresistible force for the one shouting to be liable. b. than the latter. being much older (35 years old). as well as food and shelter. “Shoot!” He shot and killed someone. It is not the determining cause of the crime in the absence of proof that the words had great influence over the husband. birahin mo na!” Oscar stabbed the victim. BY INDUCTION Inducement must be strong enough that the person induced could not resist. • This is tantamount to an irresistible force compelling the person induced to carry out the crime. not a command to be obeyed. Joint or simultaneous action per se is not indicia of conspiracy without showing of common design. because the act of one is the act of all.

” Presidential Decree No. cooperate in it accomplishment Conspirators are the Accomplices are authors of a crime merely instruments who perform acts not essential to the perpetration of the offense. he concurs with the latter in his purpose. 2. When can one not be an accessory: • • He does not know of the commission of the crime He participated in the crime Presidential Decree No. Conspirators know the Accomplices come to criminal intention know about it after because they the principals have themselves have reached the decision decided upon such and only then do they course of action. or descendant. therefore. agree to cooperate in its execution. That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice. 4.e. 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. but principally liable for fencing The penalty is higher than that of a mere accessory to the crime of robbery or theft. where the accessory is a relative by affinity within the same degree. natural or adopted brother. 1612 (Anti-Fencing Law). brother or sister whether legitimate. ascendant. Mere possession of any article of value which has been the subject of robbery or theft brings about the presumption of “fencing. unless the accessory himself profited from the effects or proceeds of the crime or assisted the offender to profit therefrom. and 3. natural or adopted or d. When the accessory is related to the principal as a. Conspirators decide Accomplices merely that a crime should be assent to the plan and committed. or b. or c. 2. 3. ACCESSORIES When are accessories not criminally liable: 1. such accessory is exempt from criminal liability. He is already accomplice a principal or an When is an accessory exempt from criminal liability: • when the principal is his: 1. sister or relative by affinity within the same degree. ACCESSORY AS A FENCE C. by previous or simultaneous acts. i. That he cooperates in the execution of the offense i. PRINCIPAL by COOPERATION Cooperation is indispensable in the commission of the act. or (2) assisted the offender to profit by the effects of the crime Other instances accessory: • • • • • when one becomes an Accessory as a fence Acquiring the effects of piracy or brigandage Destroying the corpus delicti Harboring or concealing an offender Whether the accomplice and the accessory may be tried and convicted even before the principal is found guilty 1. descendant. a fence) is not just an accessory to the crime.CRIMINAL LAW • CONSPIRATOR ACCOMPLICE They know and agree with the criminal design. ACCOMPLICE Cooperation is not indispensable in the commission of the act. modified Article 19 of the Revised Penal Code. with the intention of supplying material or moral aid in the execution of the crime in an efficacious way. 100% UP LAW UP BAROPS 2008 Page 33 of 62 . One who knowingly profits or assists the principal to profit by the effects of robbery or theft (i. that is. an ascendant. knowing the criminal design of the principal by direct participation. spouse. That there be community of design. REQUISITES: 1. 1612 has. spouse. When the felony committed is a light felony 2. legitimate. When is an accessory NOT exempt from criminal liability even if the principal is related to him: • if such accessory (1) profited by the effects of the crime.

o Even if the corpse is not recovered.CRIMINAL LAW 2. murder or attempt on the life of the Chief Executive. o It shall be presumed that any person who does any acts provided in this Section has performed them knowingly. or assisting the principal to escape. with respect to the third involvement of an accessory. For him to become an accessory. DESTROYING THE CORPUS DELICTI Revised Penal Code When the crime is robbery or theft. His aunt hid him in the ceiling of her house and she told the soldiers that her nephew had never visited her. to the piracy or brigandage. murder. do not overlook the purpose which must be to prevent discovery of the crime. and o a private citizen or civilian harboring. or assisting the principal to escape. If there is someone who destroys the corpus delicti to prevent discovery. concealing. criminal liability will arise. as long as that killing is established beyond reasonable doubt. The corpus delicti is not the body of the person who is killed. the principal must have committed the crime of treason. ACQUIRING THE EFFECTS OF PIRACY OR BRIGANDAGE 4. to be criminally liable. which punishes said acts as a crime of abetting piracy or brigandage. Article 20 does not include an aunt. What is material is that he used his public function is assisting the escape. the crime committed was kidnapping. UP BAROPS PD 1829 (Also Known as the law penalizing “Obstruction of Justice”) There is no specification of the crime to be committed by the offender in order that criminal liability be incurred The offender need not even be the principal or need not be convicted of the crime charged An offender of any crime is no longer an Page 34 of 62 Specifies the crimes that should be committed in case a civilian aids in the escape o The offender is the principal or must be convicted of the crime charged The one who harbored or concealed 2008 100% UP LAW . he becomes an accessory. and is not inconsistent with any provision of RA 7659. o although the penalty is that for an accomplice. HARBORING OFFENDER OR CONCEALING AN Presidential Decree 532 (Anti-piracy and Anti-Hghway Robbery Law of 1974) If the crime was piracy or brigandage under PD 532. o said act constitutes the crime of abetting piracy or abetting brigandage as the case may be. section 4 of said Decree. this is not the reason. Article 122 of the Revised incorporated therein the crime Philippine territorial waters correspondingly superseding PD o in amending Penal Code. However. concealing. not just an accessory. When the soldiers left. or that the principal is known to be habitually guilty of some other crime. Is the aunt criminally liable? No. Section 4 of PD 532 o provides that any person who knowingly and in any manner… acquires or receives property taken by such pirates or brigands or in any manner derives benefit therefrom… shall be considered as an accomplice of the principal offenders in accordance with the Rules prescribed by the Revised Penal Code. PUBLIC OFFICER The nature of the crime is immaterial. Criminal liability of accessory 3. the aunt even gave money to her nephew for the latter to go to the province. CIVILIAN The nature of the crime is material. Principal was being chased by soldiers. or attempt on the life of the Chief Executive. Illustration: Crime committed is kidnapping for ransom. take note that the law distinguishes between: o a public officer harboring. In this case. unless the contrary is proven. for a person who is not a public officer and who assists an offender to escape or otherwise harbors. or conceals such offender. The principal must have committed either treason. of piracy in and thus 532 In the fourth form or manner of becoming an accessory. still stands as it has not been repealed nor modified. parricide. Although Republic Act 7659. parricide.

◦ It is not always true that the accomplice and accessory cannot be criminally liable without the principal being first convicted. Amin 189 SCRA 573 (1990). the aunt is not criminally liable under the Revised Penal Code because the crime is kidnapping. then there is no criminal liability. except that he was not charged with fencing. UP BAROPS 2008 Page 35 of 62 • 100% UP LAW . then said accused will be acquitted. A person charged with rebellion should not be separately charged under PD 1829. But if the evidence shows that • the act done does not constitute a crime and the principal is acquitted. CA (1990). • Taer should have been liable for violation of the Anti-Fencing Law since castlerustling is a form of theft or robbery of large cattle. whether principal. it is required that • all those involved in the commission of the crime must be included in the information that may be filed. accomplice. This is not true in all cases. • But the prosecution must initiate the proceedings against the principal. the accomplice and accessory shall also not be criminally liable. 1) Taer v. WHETHER THE ACCOMPLICE AND THE ACCESSORY MAY BE TRIED AND CONVICTED EVEN BEFORE THE PRINCIPAL IS FOUND GUILTY There is an earlier Supreme Court ruling that the accessory and accomplice must be charged together with the principal • if the latter is acquitted. If there is no crime. 2) Enrile v. • The liability of the accused will depend on the quantum of evidence adduced by the prosecution against the particular accused. Taer was held liable as an accessory in the crime of cattle-rustling under PD 533. or accessory. Even if the principal is convicted. Facts: Accused received from his co-accused two stolen male carabaos. • if the evidence presented against a supposed accomplice or accessory does not meet the required proof beyond reasonable doubt. • • So the criminal liability of an accomplice or accessory does not depend on the criminal liability of the principal but depends on the quantum of evidence. • Under Rule 110 of the Revised Rules on Criminal Procedure. unless the acquittal is based on a defense which is personal only to the principal. Conspiracy was not proven. but under PD 1829.CRIMINAL LAW an offender is still an accessory accessory but is simply an offender without regard to the crime of the person assisted to escape ◦ then the supposed accomplice and accessory should also be acquitted. 5. • In the preceding illustration. The theory of absorption must not confine itself to common crimes but also to offenses punished under special laws which are perpetrated in furtherance of the political offense.

— No felony shall be punishable by any penalty not prescribed by law prior to its commission. • Reclusion temporal. It has no application to any of the provisions of the RPC for the reason that for every felony defined in the Code. Must be EQUAL for all. No ex post facto law or bill of attainder shall be enacted. (1) Excessive fines shall not be imposed. 3. because a law cannot be rationally obeyed unless it is first shown. 100% UP LAW . No person shall be imprisoned for debt or non-payment of a poll tax. RETRIBUTION OR EXPIATION – the penalty is commensurate with the gravity of the offense. Must be LEGAL – it is the consequence of a judgment according to law. 7. without affecting the integrity of the human personality. EXEMPLARITY – to serve as an example to deter others from committing crimes. MEASURES NOT CONSIDERED PENALTY F. JUSTICE – for retributive justice. • Perpetual or temporary absolute disqualification. EXECUTION AND SERVICE OF PENALTIES A. unless. Correctional penalties: • Prision correccional. Theories justifying penalty: 1. Any death penalty already imposed shall be reduced to reclusion perpetua. nor cruel. REFORMATION – to correct and reform the offender. 2. are those included in the following: A. Section 19. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. This article prohibits the Government from punishing any person for any felony with any penalty which has not been prescribed by the law. Different Juridical Conditions of Penalty: 1. Must be CORRECTIONAL. degrading or inhuman punishment inflicted. OTHER CONSTITUTIONAL PROHIBITIONS 1987 CONSTITUTION Section 18. GENERAL PRINCIPLES B. and their different classes. • Arresto mayor. • Perpetual or temporary special disqualification. Penalties which may be imposed. 2. PENALTIES Penalty is the suffering that is inflicted by the State for the transgression of a law. Must be PERSONAL – no one should be punished for the crime of another. Section 22. Penalties that may be imposed. SOCIAL DEFENSE – shown by its inflexible severity to recidivist and habitual delinquents. 6. CORRECTION OR REFORMATION – as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty. 21. a vindication of absolute right and moral law violated by the criminal. REASON: An act or omission cannot be punished by the State if at the time it was committed there was no law prohibiting it. for compelling reasons involving heinous crimes. Scale OF PRINCIPAL PENALTIES Capital punishment: • Death. • Prision mayor. 3. SPECIAL RULES H. SELF-DEFENSE – to protect the society from the threat and wrong inflicted by the criminal. 5.CRIMINAL LAW VI. Afflictive penalties: • Reclusion perpetua. THE INDETERMINATE SENTENCE LAW I. PENALTIES WHICH MAY BE IMPOSED C. APPLICATION AND COMPUTATION OF PENALTIES G. and a man cannot be expected to obey an order that has not been given. 4. Must be PRODUCTIVE OF SUFFERING. PENALTIES WHICH MAY BE IMPOSED Art. Must be CERTAIN – no one may escape its effects. 5. 3. ACCESSORY PENALTIES D. Purpose of penalty under the RPC: 1. the Congress hereafter provides for it. II. 25. A. Section 20. PREVENTION – to suppress danger to the State 2. a penalty has been prescribed. PENALTIES WHICH MAY BE IMPOSED E. The penalties which may be imposed according to this Code. (1) No person shall be detained solely by reason of his political beliefs and aspirations. Must be COMMENSURATE with the offense – different crimes must be punished with different penalties. Neither shall death penalty be imposed. GENERAL PRINCIPLES Art. 4. UP BAROPS 2008 Page 36 of 62 I. This Section discusses the following: A. B.

C. III. Light penalties: • Arresto menor. Death penalty RA 9346 or “An Act Prohibiting the Imposition of Death Penalty in the Philippines” • expressly repealed RA 8177 or “Act Designating Death by Lethal Injection” and RA 7659 or “Death Penalty Law”. Forfeiture or confiscation of instruments and proceeds of the offense. D. the Court in acquitting the accused may criticize his acts or conduct. SPECIFIC PRINCIPAL AND ACCESSORY PENALTIES A. Perpetual or temporary special disqualification. Death Reclusion perpetua Perpetual absolute or special disqualification Public censure According to subject-matter • Corporal ◦ (death) • Deprivation of freedom ◦ (reclusion. Reclusion perpetua. NOTE: Public censure is a penalty.CRIMINAL LAW • • Suspension. the profession or calling. C. the following shall be imposed: a. MaJOR CLASSIFICATION PRINCIPAL PENALTIES – those expressly imposed by the court in the judgment of conviction. SCALE OF ACCESSORY PENALTIES Perpetual or temporary absolute disqualification. B. because they formed in the 2 general classes. ACCESSORY PENALTIES – those that are deemed included in the imposition of the principal penalties. unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. arresto) • Restriction of freedom ◦ (destierro) • Deprivation of rights ◦ (disqualification and suspension) • Pecuniary ◦ (fine) According to their gravity • Capital • Afflictive • Correctional • Light 100% UP LAW UP BAROPS b. or the penalty of life imprisonment. Prision mayor and temporary disqualification. the penalty of reclusion perpetua. — The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years. when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code. Penalties common to the three preceding classes: • Fine. except when the penalty of disqualification is imposed as an accessory penalty. Destierro. Indemnification. AFFLICTIVE PENALTIES Art. and • Bond to keep the peace. Suspension from public office. Penalties that are either principal or accessory: • Perpetual or temporary absolute disqualification. RA 9346 repealed all the other laws imposing death penalty. Reclusion temporal. Payment of costs. in which case its duration shall be that of the principal penalty. • perpetual or temporary special disqualification. 2008 Page 37 of 62 . • Public censure. 27. Civil interdiction. it is not proper in acquittal. Other classifications of penalties: According to their divisibility: • Divisible ◦ those that have fixed duration and are ◦ divisible into three periods. — Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years. when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. • thus. prision. • Indivisible ◦ those which have no fixed duration. • However. the right to vote and be voted for. and • suspension ◦ may be principal or accessory penalties. CAPITAL PUNISHMENT 1. • Section 2 states that: “In lieu of the death penalty. — The penalty of reclusion temporal shall be from twelve years and one day to twenty years.” B.

and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty.CRIMINAL LAW The following table also contains DISQUALIFICATION as an afflictive penalty. b. unless the same shall have been expressly remitted in the pardon. 1) People v. unless the same shall have been expressly remitted in the pardon. profession. even if by election Deprivation of right to vote & be voted for during sentence Disqualification from public office held during sentence Loss of retirement rights Deprivation of office. shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty. Penalty Death (REPEALED) Death. Its accessory penalties. because its different forms can also be imposed as a principal although it is primarily categorized as an accessory penalty. 100% UP LAW UP BAROPS 2008 Page 38 of 62 . Civil interdiction for life or during the period of the sentence as the case may be. when not executed due to pardon or commutation (REPEALED) Duration Indivisible Effects Accessories Reclusion perpetua 20 years & 1 day to 40 years (Indivisible) Deprivation of public office. Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as to the principal penalty. Gatward (1997) Facts: The accused was convicted of violating the Dangerous Drugs Act for unlawfully importing into the Philippines heroin. unless the same shall have been expressly remitted in the pardon. profession. 41. 42. employment. Reclusion perpetua and reclusion temporal. Art. The trial court sentenced the accused to suffer the penalty of imprisonment for 35 years of reclusion perpetua there being no aggravating or mitigating circumstance shown to have attended in the commission of the crime. 1) RECLUSION PERPETUA employment. or calling affected Disqualification from similar offices or employments PAD Civil interdiction 30 yrs from sentence PAD Civil interdiction for life Perpetual absolute disqualification (PAD) For life Perpetual special disqualification (PSD) For life Reclusion temporal 12 years & 1 day to 20 years Prision mayor 6 years & 1 day to 12 years Deprivation of public office. Prision mayor. — The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be. Duration: 20 years and 1 day to 40 years Accessory Penalties: a. — The penalty of prision mayor. Their accessory penalties. or calling affected Disqualification from similar offices or employments PAD Civil interdiction for duration of sentence TAD PSD of suffrage Temporary absolute disqualification (TAD) 6 years & 1 day to 12 years Temporary special disqualification (TSD) 6 years & 1 day to 12 years Art. even if by election Deprivation of right to vote & be voted for Disqualification from public office held Loss of retirement rights Deprivation of office.

Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as to the principal penalty. — The duration of the penalty of arresto mayor shall be from one month and one day to six months. While life imprisonment may appear to be the English translation of reclusion perpetua. It is imposed in its entirety regardless of any mitigating or aggravating circumstances that may have attended the commission of the crime." There was no justification or need for the trial court to specify the length of imprisonment. because reclusion perpetua is an indivisible penalty." Distinguished from Life Imprisonment 3) People v. suspension and destierro shall be from six months and one day to six years. C. This is not equivalent to life imprisonment. 2) People v. suspension. in which case. The maximum duration of reclusion perpetua is not and has never been 30 years which is merely the number of ears which the convict must serve in order to be eligible for pardon or for the application of the 3fold rule. 63. it goes deeper than that. he shall be considered by the Chief Executive as unworthy of pardon (Art. LIFE IMPRISONMENT Imposed for serious offenses penalized by special laws Does not carry with it accessory penalties Does not appear to have any definite extent or duration RECLUSION PERPETUA Prescribed under the RPC Carries with it accessory penalties Entails imprisonment for at least 30 years after which the convict becomes eligible for pardon although the maximum period shall in no case exceed 40 years a. 2) RECLUSION TEMPORAL Duration: 12 years and 1 day to 20 years Accessory Penalties: 100% UP LAW UP BAROPS 2008 Page 39 of 62 . Since the offense was committed on Sep. its duration shall be that of the principal penalty. Revised Penal Code). (Art. B. Ballabare (1996) The trial court erred in imposing the penalty of life imprisonment for violation of PD 1866. unless the same shall have been expressly remitted in the pardon. Prision correccional. and destierro. Ramirez (2001) The SC disagrees with the trial court in sentencing appellant "to suffer imprisonment of forty (40) years reclusion perpetua. 3) PRISION MAYOR Duration: 6 years and 1 day to 12 years Accessory Penalties: a. 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. Diquit. 16. 27 (4). Temporary Absolute Disqualification b. 27. it has no minimum. medium or maximum periods. 1990. Arresto mayor. the penalty next lower in degree which is reclusion perpetua should be imposed. in reality. The duration of the penalties of prision correccional. The significance of this fundamental principle was laid down by the Court in People v. it should remain as an indivisible penalty since there was never intent on the part of Congress to reclassify it into a divisible penalty. Revised Penal Code) Reclusion Perpetua is imprisonment for life but the person sentenced to suffer it shall be pardoned after undergoing the penalty for thirty (30) years. The Court held that in spite of the amendment putting the duration of RP. unless by reason of his conduct or some other serious cause. The crime of illegal possession of firearm in its aggravated form is punished by the penalty of death. CORRECCIONAL PENALTIES Art. at a time when the imposition of the death penalty was prohibited. the penalty of reclusion perpetua is now accorded a defined duration ranging from 20 years and 1 day to 40 years. b. except when suspension is imposed as an accessory penalty. "Since reclusion perpetua is an indivisible penalty.CRIMINAL LAW Held: As amended by RA 7659. Civil interdiction for life or during the period of the sentence as the case may be.

When the principal penalty imposed be only a fine. 100% UP LAW UP BAROPS 2008 Page 40 of 62 . Subsidiary penalty. if for a light felony. 2. (As amended by RA 5465. from the right to follow a profession or calling. he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos. and that of perpetual special disqualification from the right of suffrage. Art. if penalty exceeds 18 mos. When the principal imposed is higher than prision correccional. If the principal penalty imposed is not to be executed by confinement in a penal institution. April 21. Suspension of right to hold office b. during the period of time established in the preceding rules. Its accessory penalties. the subsidiary imprisonment shall not exceed six months. from the fine in case his financial circumstances should improve. but his subsidiary imprisonment shall not exceed one-third of the term of the sentence. Suspension from public office b. shall continue to suffer the same deprivations as those of which the principal penalty consists. and no fraction or part of a day shall be counted against the prisoner. Perpetual Special Disqualification fro the right of suffrage. subject to the following rules: 1. 3. and in no case shall it continue for more than one year. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him. but such penalty is of fixed duration. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty. 5. if the culprit shall have been prosecuted for a grave or less grave felony. 1969). If the principal penalty imposed be prision correccional or arresto and fine. the convict. LIGHT PENALTIES Accessory Penalties: a. — The penalty of prision correccional shall carry with it that of suspension from public office. Penalty Duration Effects Accessories Accessories Suspension from public office Suspension from profession or calling PSD of suffrage. no subsidiary imprisonment shall be imposed upon the culprit. Suspension of the right of suffrage during the term of the sentence. Prision correccional 6 months & 1 day to 6 years Suspension 6 months & 1 day to 6 years Public office Profession or calling Suffrage Prohibition to enter w/in 25-250 km radius from the designated place Suspension of right to hold office and right of suffrage Destierro 6 months & 1 day to 6 years Arresto mayor 1 month & 1 day to 6 months 1) PRISION CORRECCIONAL Duration: 6 months and 1 day to 6 years Accessory Penalties: a. 43.CRIMINAL LAW Art. and shall not exceed fifteen days. unless the same shall have been expressly remitted in the pardon. if the duration of the imprisonment shall exceed 18 months 2) ARRESTO MAYOR Duration: 1 month and 1 day to 6 months C. if the duration of said imprisonment shall exceed eighteen months. he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied. Suspension from the right to follow a profession or calling c. Prision correccional. — If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article. 39. 4.

if it exceeds 6. Subsidiary penalty. Suspension of right to hold office b. and a light penalty if it less than 200 pesos. 39. 1) ARRESTO MENOR Duration: 1 day to 30 days Accessory Penalties: a. being a penalty is not proper in acquittal. if for a light felony. and shall not exceed thirty days. in fixing the amount in each case attention shall be given.000 3. • for a period not to exceed 6 months if prosecuted for grave or less grave felony. or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. • • is left to the sound discretion of the court. SUPRA Art. The court shall determine the period of duration of the bond. 27 (6). When the law does not fix the minimum of the fine. provided it shall not exceed the maximum authorized by law. 1. to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented. — A fine. Light Penalty – less than P200 Art. The offender may be detained. Fine is: 1. PENALTIES COMMON TO AFFLICTIVE. 66. if it does not exceed 6. according to its discretion. 2) PUBLIC CENSURE Censure. Afflictive – over P6. 2 WAYS OF GIVING BOND 1) The offender must present • 2 sufficient sureties who shall undertake that ◦ the offender will not commit the offense sought to be prevented. Arresto. ◦ and that in case such offense be committed they will pay the amount determined by the court. Imposition of fines. The court shall determine. Correctional – P200 to P6. is he shall have been prosecuted for a grave or less grave felony. Art. whether imposed as a single of as an alternative penalty.000 2.CRIMINAL LAW Art. the wealth or means of the culprit. — In imposing fines the courts may fix any amount within the limits established by law. Effects of bond to keep the peace. and that in case such offense be committed they will pay the amount determined by the court in the judgment. When afflictive. and • More particularly. the period of duration of the bond. not only to the mitigating and aggravating circumstances. if for a light felony. Its accessory penalties. — The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence. The court must consider: • The mitigating and aggravating circumstances. not divided into 3 equal Fines are portions. if he cannot give the bond. a correctional penalty. • the determination of the amount of the fine to be imposed upon the culprit 100% UP LAW UP BAROPS 2008 Page 41 of 62 .000 pesos. correctional. 44. or light penalty. — It shall be the duty of any person sentenced to give bond to keep the peace. D. Arresto menor. 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. or • for a period not to exceed 30 days. CORRECCIONAL AND LIGHT PENALTIES 1) FINE Art. 26.000 pesos but is not less than 200 pesos. 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. 2) The offender must • deposit such amount with the clerk of court to guarantee said undertaking. 35. 2) BOND TO KEEP THE PEACE Art. This article merely classifies fine and has nothing to do with the definition of light felony. The court can fix any amount of the fine within the limits established by law. but more particularly to the wealth or means of the culprit. shall be considered an afflictive penalty. Suspension of the right of suffrage during the term of the sentence. — The duration of the penalty of arresto menor shall be from one day to thirty days.

4) Civil interdiction. or guardianship. — The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. 4. ACCESSORY PENALTIES 1) Perpetual or temporary absolute disqualification. of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. Effects of the penalties of suspension from any public office. — Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority. of marital authority. The deprivation of the right to vote in any election for any popular office or to be elected to such office. 6) Payment of costs. the profession or calling. Civil interdiction. 3) Suspension from public office. Deprivation of the right to vote in any election or to be voted upon c. — The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence. Confiscation and forfeiture of the proceeds or instruments of the crime. In case of temporary disqualification. 32. or the right of suffrage. 3. 33. and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. 5) Indemnification/ Forfeiture or confiscation of instruments and proceeds of the offense. the offender shall not be permitted to hold any public office during the period of his disqualification. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. D. Effects: a. profession or calling. either as to the person or property of any ward. according to the nature of said penalty. — The suspension from public office. of the right to vote in any popular election for any public office or to be elected to such office. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. Art. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage. Art. 100% UP LAW UP BAROPS 2008 Page 42 of 62 . Moreover. 34. Loss of rights to retirement pay or pension All these effects • last during the lifetime of the convict and • even after the service of the sentence except as regards paragraphs 2 and 3 of the above in connection with temporary absolute disqualification.CRIMINAL LAW Penalty Arresto menor Public censure Penalty (Common to All Three Types) Fine Duration 1 day to 30 days Effects Accessories Suspension of right to hold office and right of suffrage IV. Deprivation of any public office or employment f offender b. Art. 2) Perpetual or temporary special disqualification. 30. Effects of the penalties of perpetual or temporary absolute disqualification. the right to vote and be voted for. such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. The loss of all rights to retirement pay or other pension for any office formerly held. profession or calling. 45. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. — Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the 1) PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION Art. Art. 2.

2 is not a penalty because it is not imposed by the court in a judgment of conviction. profession or calling: a. profession or calling affected. de officio. profession or calling shall produce the following effects: 1. 5. Deprivation of the right to vote or to be elected in an office. Cannot hold any public office during the period of disqualification ∗ The penalty for disqualification if imposed as an accessory penalty is imposed for PROTECTION and NOT for the withholding of a privilege. b. The imposition of the sentence in such case is suspended. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. SUSPENSION FROM PUBLIC OFFICE. the duration is the same as that of the principal penalty. in the exercise of their administrative disciplinary powers. 24. Those mentioned in par. 2) PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION Art. ∗ The confiscation is in favor of the government. 2. Cannot hold another office having similar functions during the period of suspension. or illness requiring their confinement in a hospital. ∗ Property of a third person not liable for the offense is not subject to confiscation. b. Measures of prevention or safety which are nor considered penalties. 4. CIVIL INTERDICTION Effects: Deprivation of the following rights: 1) Parental authority 2) Guardianship over the ward 3) Marital authority 100% UP LAW UP BAROPS 2008 Page 43 of 62 . already amounts may be costs are his own E. Fines and other corrective measures which. The penalties of perpetual or temporal special disqualification for public office. 31. and b. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government. Fees. superior officials may impose upon their subordinates. b. If he is acquitted. b) Reclusion perpetua c) Reclusion temporal INDEMNIFICATION OR CONFISCATION OF INSTRUMENTS ORPROCEES OF THEOFFENSE ∗ This is included in every penalty for the commission of the crime. 4) Right to manage property and to dispose of the same by acts inter vivos ∗ Civil interdiction is an accessory penalty to the following principal penalties: a) Death if commuted to life imprisonment. MEASURES NOT CONSIDERED PENALTY RPC. in proceedings. as well as their detention by reason of insanity or imbecility. ∗ Temporary disqualification or suspension if imposed as an accessory penalty. employment. PAYMENT OF COSTS Includes: a. ♠ The commitment of a minor mentioned in par. 3. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. Deprivation of the office. meaning each party bears expense. The deprivation of the office. Effects: For public office. the course of judicial ∗ Costs may be fixed amounts determined by law or regulations or subject to a schedule. 3 and 4 are merely preventive measures before conviction of offenders. unless they be property of a third person not liable for the offense. Art. employment. but those articles which are not subject of lawful commerce shall be destroyed. Deprivation of rights and the reparations which the civil laws may establish in penal form. Suspension from the employment of public office during the trial or in order to institute proceedings. The arrest and temporary detention of accused persons. THE RIGHT TO VOTE AND BE VOTED FOR. Disqualification for holding similar offices or employments during the period of disqualification. 2. profession or calling affected. Effect of the penalties of perpetual or temporary special disqualification. ∗ If the accused is convicted. ♠ They are not penalties because they are not imposed as a result of judicial proceedings. ∗ If the trial court did not order any confiscation of the procees of the crime.CRIMINAL LAW proceeds of the crime and the instruments or tools with which it was committed. Indemnities. the government cannot appeal from the confiscation as that would increase the penalty already imposed. costs charged against him. ♠ The succeeding provisions are some examples of deprivation of rights established in penal form: For the exercise of right to suffrage: a. THE RIGHT TO PRACTICE A PROFESSION OR CALLING Effects: a. — The following shall not be considered as penalties: 1. Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence.

100% UP LAW UP BAROPS .O. 28. if the same is under review. 2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. Computation of penalties. Temporary absolute disqualification 2. In case the maximum penalty to which the accused may be sentenced is destierro. Rules for the computation of penalties: 1. (As amended by E. 3 applies but the offender is entitled to a deduction of full time or 4/5 of the time of his detention. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. ♠ The accused undergoes preventive imprisonment when the offense charged is nonbailable. 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. No. except in the following cases: 1. or (3) Upon emancipation of the child. (2) Upon the death of the child. 1970). (As amended by Republic Act 6127. Period of preventive imprisonment deducted from term of imprisonment. 29. 214. 2 applies. or even if bailable. Upon the principals b. he cannot furnish the required bail. 228. Temporary special disqualification 3. ♠ 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. he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. because the offender has been released on bail. parental authority also terminates: (1) Upon adoption of the child. (4) Upon final judgment of a competent court divesting the party concerned of parental authority. as when he is undergoing preventive imprisonment. 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. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners. — If the offender shall be in prison. ♠ If not under detention. ♠ The accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged. WHEN THE OFFENDER IS NOT IN PRISON – the duration of penalty consisting in deprivation of liberty. July 10. (327a) F. is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty. 1 applies.CRIMINAL LAW Family Code. 1988). Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated. Art. Rule No. Imprisonment 2. — The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. (2) Upon appointment of a general guardian. Parental authority terminates permanently: (1) Upon the death of the parents. WHEN THE OFFENDER IS IN PRISON – the duration of temporary penalties is from the day on which the judgment of conviction becomes final. THE DURATION OF OTHER PENALTIES – the duration is from the day on which the offender commences to serve his sentence Examples of temporary penalties: 1. 3 applies. Rule No. he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal. Suspension ♠ If offender is under detention. 3. June 17. APPLICATION AND COMPUTATION OF PENALTIES Art. Rule No. — Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty. Destierro consisting in ♠ If the offender is undergoing preventive imprisonment. he shall be released after thirty (30) days of preventive imprisonment. Penalty to be imposed upon principals in general. Unless subsequently revived by a final judgment. Whenever the law prescribes a penalty for a felony is general terms. (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose. with the full time during which they have undergone preventive imprisonment. Art. For consummated felony 2008 Page 44 of 62 ♠ When the offender is not in prison. Examples of penalties deprivation of liberty: 1. (327a) Family Code. Art. 46. or (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. When they are recidivists or have been convicted previously twice or more times of any crime. Rule No. 229. Art. and 2. if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. it shall be understood as applicable to the consummated felony. GENERAL RULE: The penalty prescribed by law in general terms shall be imposed: a. If the offender be not in prison.

to meet the different situation anticipated by law. Formigones (1950) Facts: The accused without a previous quarrel or provocation took his bolo and stabbed his wife in the back resulting to the latter’s death. it shall be understood as applicable to the consummated felony. The aggravating or mitigating circumstances which attended the commission of the crime. 54. 53. The stage reached by the crime in its development (either attempted. The accused was sentenced to the penalty of reclusion perpetua. — The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony. medium and minimum. Penalty to be imposed upon accomplices in an attempted crime. Penalty to be imposed upon accessories of an attempted crime. — The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony. Although the commission of the act is attended by some mitigating circumstance without any aggravating circumstance to offset them. Art. 51. Art. Art. Art. The participation therein of the person liable. Penalty to be imposed upon principals of a frustrated crime. Art. 56. Art. ♠ The graduation of penalties by degrees refers to STAGES OF EXECUTION (consummated. — The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. — The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony. the lesser penalty shall be applied. accomplice or accessory) ♠ The division of a divisible penalty into three periods. — The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony. People v. as maximum. reclusion perpetua to death. Penalty to be imposed upon principals of attempted crimes. Penalty to be imposed upon accessories to the commission of a consummated felony. the law fixes a distinct penalty for the principal in frustrated or attempted felony. 57. 55. Penalty to be imposed upon accessories of a frustrated crime. refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime. ACCOMPLICES AND ACCESSORIES IN CONSUMMATED. frustrated or attempted) and to the DEGREE OF THE CRIMINAL PARTICIPATION OF THE OFFENDER (whether as principal. — The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. Art. ♠ Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of execution is not in proportion to the wrong done. 52. Penalty to imposed upon accomplices in a frustrated crime. 63 of the RPC should be applied. BASES FOR THE DETERMINATION OF THE EXTENT OF PENALTY: 1. Art. EXCEPTIONS: Arts. or to be imposed upon accomplices or accessories. The said article provides that when the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance. FRUSTRATED AND ATTEMPTED FELONIES. — The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony. frustrated or consummated) 2.CRIMINAL LAW EXCEPTION: The exception is when the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law. The other figures represent the degrees to which the penalty must be lowered. 46. — A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for frustrated or attempted felony. Penalty to be imposed upon accomplices in consummated crime. 246 of the RPC is composed only of 2 indivisible penalties. in accordance with the provisions of Art. 50. 50-57: “0” represents the penalty prescribed by law in defining a crime. Art. CONSU MMATE D 0 1 2 FRUSTRA TED 1 2 3 ATTEMPT ED 2 3 4 PRINCI PALS ACCOM PLICES ACCESS ORIES DIAGRAM OF THE APPLICATION OF ARTS. 100% UP LAW UP BAROPS 2008 Page 45 of 62 . 46. which is to be imposed n the PRINCIPAL in a CONSUMMATED OFFENSE. Whenever the law prescribes a penalty for a felony is general terms. — The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. Art. Penalty to be imposed upon principals in general. Held: The penalty applicable for parricide under Art. PRINCIPALS. 3.

61. death b. if possible. enumerated in the graduated scales of Art. the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale.CRIMINAL LAW ♠ A DEGREE is one entire penalty. For the accessory in consummated felony – two degrees lower. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for frustrated or attempted felony. Illegal possession and use of a false treasury or bank note (Art. the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following. Art. are to be imposed upon persons guilty as principals of any frustrated or attempted felony. shall impose corresponding penalties upon those guilty as principals of the frustrated felony. or to be imposed upon accomplices or accessories. or of one or more divisible penalties to be impose to their full extent. the following rules shall be observed: 1. inclusive. 3. or as accomplices or accessories. except when the penalty is divisible and there are two or more mitigating and without aggravating circumstances. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules. of this Code. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty. Exception to the rules established in Articles 50 to 57. guardians. Using falsified dispatch (Art. Knowingly using counterfeited seal or forged signature or stamp of the President (Art. Each of the penalties of reclusion perpetua. in which case the penalty is lowered by degree. proceeding by analogy. curators. 142. 268) GENERAL RULE: An accessory is punished by a penalty two degrees lower than the penalty imposed upon the principal. ♠ Arts. 162). 64). reclusion perpetua c. 168). one whole penalty or one unit of the penalties enumerated in the graduated scales provided for in Art. which shall be taken from the penalty prescribed. and upon accomplices and accessories. For the principal in attempted felony – two degrees lower. 71. according to the provisions of Articles 50 to 57.3 ) d. When the penalty prescribed for the felony is single and indivisible. such act is punished as the act of the principal. or to be imposed upon accomplices or accessories. — For the purpose of graduating the penalties which. EXCEPTIONS: a. acts of lasciviousness. 71. medium and maximum of a divisible penalty. or of attempt to commit the same. GENERAL RULE: An accomplice is punished by a penalty one degree lower than the penalty imposed upon the principal. reclusion temporal. ♠ The lower penalty shall be taken from the graduated scale in Art. ♠ Those rules also apply in lowering the penalty by one or two degrees by reason of the presence of privileged mitigating circumstance (Arts. inclusive. 71 is a degree. — The provisions contained in Articles 50 to 57. 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. EXCEPTION: When accessory is punished as principal – knowingly concealing certain evil practices is ordinarily an act of the accessory. One who furnished the place for the perpetration of the crime of slight illegal detention. c. When the penalty prescribed for the crime is composed of two indivisible penalties. ♠ When there is a mitigating or aggravating circumstance. when the penalty prescribed for the crime is composed of several periods. c. (Art. The ascendants. 68 and 69). otherwise from the penalty immediately following in the above mentioned respective graduated scale. teachers and any person who by abuse of authority or confidential relationship. For the accomplice in consummated felony – one degree lower. or when the penalty is divisible and there are two or more mitigating circumstances (generic) and no aggravating circumstance (Art. and d. 5. Using falsified document (Art. ♠ A PERIOD is one of the three equal portions called the minimum. The INDIVISIBLE PENALTIES are: a. a. 173 par. 2) Art. 60. ♠ This article provides for the rules to be observed in lowering the penalty by one or two degrees. 61 should also apply in determining the MINIMUM of the indeterminate penalty under the Indeterminate Sentence Law.. The MINIMUM of the indeterminate penalty is within the range of the penalty next lower than that prescribed by the RPC for the offense. 346) b. corruption of minors. the penalty is lowered or increased by PERIOD only. Rules for graduating penalties. b. (Art. b. the courts. etc. 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. 173 par. public censure The DIVISIBLE PENALTIES are: a. shall cooperate as accomplices in the crimes of rape. of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony. corresponding to different divisible penalties. but in Art. 4. For the principal in frustrated felony – one degree lower. seduction. 2. ♠ The rules provided for in Art. When accessories are punished with a penalty one degree lower: a. prision mayor. white slate trade or abduction. reclusion temporal 2008 Page 46 of 62 100% UP LAW UP BAROPS .

Aggravating or mitigating circumstances which arise from the moral attributes of the offender. Ex. the penalty next lower in degree is the penalty consisting in the 3 periods down in the scale. the penalty next lower in degree is the penalty consisting in 2 periods down in the scale. or from his private relations with the offended party. prision correccional d. 100% UP LAW UP BAROPS . MEDIUM AND THE MAXIMUM RULES: FIRST RULE: When the penalty is single and indivisible. If the penalty prescribed by the Code consists in 3 periods. When the penalty is composed of one or more divisible penalties to be imposed to their full extent Ex. 61 may be simplified as follows: 1.CRIMINAL LAW b. — Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. is reclusion temporal.This rule contemplates a penalty composed of at least 3 periods. SECOND RULE: When the penalty is composed of two indivisible penalties Ex. reclusion perpetua ♠ The penalty immediately following it is reclusion temporal. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. Reclusion temporal in its MAXIMUM period to Reclusion perpetua ♠ The same rule shall be observed in lowering the penalty by one or two degrees. corresponding to different divisible penalties. the penalty next lower in degree shall be that period next following the given penalty. or from any other personal cause. Thus. Prision Mayor in its MAXIMUM period ♠ The penalty immediately inferior is prision mayor in its MEDIUM period. 3. SIMPLIFIED RULES: The rules prescribed in pars. prision mayor c. 4 and 5 of Art. prision correccional to prision mayor ♠ The penalty immediately following the lesser of the penalties of prision correccional to prision mayor is arresto mayor. Prision Mayor in its MEDIUM period to Reclusion temporal in its MINIMUM period. 3. arresto menor * the divisible penalties are divided into three periods: MINIMUM. 2. If the penalty prescribed by the Code consists in only 1 period. If the penalty prescribed b the Code consists in 2 periods. shall only serve to aggravate or mitigate 2008 Page 47 of 62 Penalty for the principal in consummated murder Penalty for accomplice. 62. Prision correccional in its MINIMUM and MEDIUM periods Prision correccional Maximum Medium Minimum Maximum Medium Minimum Penalty for the principal in the consummated felony Penalty for the accomplice. 2. 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. THIRD RULE: When the penalty is composed of two indivisible penalties and the maximum period of a divisible penalty Ex. or principal in frustrated felony The penalty prescribed for the felony The penalty next lower Arresto Mayor When the penalty has one period . destierro f.If the penalty is any one of the three periods of a divisible penalty. EFFECTS OF MITIGATING AND AGGRAVATING CIRCUMSTANCES Art. reclusion perpetua to death ♠ The penalty immediately following the lesser of the penalties. the penalty next lower in degree is the next period down in the scale. arresto mayor e. Ex. or for principal in frustrated murder Maximum Medium Minimum When the penalty is composed of one indivisible penalty and the maximum period of a divisible penalty Ex. reclusion temporal in its MAXIMUM period to death Death Reclusio n Perpetu a Reclusio n Tempor al Prision Mayor Maximum Medium Minimum Reclusion temporal Prision Mayor Prision Correccional Maximum Medium Minimum Maximum Medium Minimum Maximum Medium Minimum FIFTH RULE: When the penalty has two periods Ex. reclusion temporal is the penalty next lower in degree. which is reclusion perpetua. The several periods must correspond to different divisible penalties. Ex. FOURTH RULE: When the penalty is composed of several periods .

Penalty that is single and indivisible . (b) Upon a fourth conviction. Habitual delinquency shall have the following effects: (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods. Note: • In no case shall the total of the 2 penalties imposed upon the offender exceed 30 years.When the penalty is a fine .CRIMINAL LAW the liability of the principals. His private relations with the offended party 3. 155 • The imposition of the additional penalty on habitual delinquents are CONSTITUTIONAL because such law is neither an EX POST FACTO LAW nor an additional punishment for future crimes. Aggravating or mitigating circumstances that serve to aggravate or mitigate the liability of the offender to whom such are attendant. It is simply a punishment on future crimes on account of the criminal propensities of the accused. The circumstances which consist in the material execution of the act. 2008 Page 48 of 62 100% UP LAW UP BAROPS . When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance. in conformity herewith. 5.the culprit is sentenced to the penalty for the crime committed and to the additional penalty of prision correccional in its medium and maximum period. 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. Art. the greater penalty shall be applied. Cases where attending aggravating or mitigating circumstances are not considered in the imposition of penalties . a person shall be deemed to be habitual delinquent. Moral attributes of the offender 2. the lesser penalty shall be applied. 4. Those which consist: 1. or in the means employed to accomplish it. • Habitual delinquency applies at any stage of the execution because subjectively. What are the effects of the attendance of mitigating or aggravating circumstances? a. b. In the material execution of the act . hurto. it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.will not affect all the offenders but only those to whom such act are attendant 2. Any other personal cause c. shall in no case exceed 30 years. shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. In all cases in which the law prescribes a penalty composed of two indivisible penalties. the following rules shall be observed in the application thereof: 1. 3) Fifth or additional conviction . the total of the two penalties to be imposed upon the offender. 2) Fourth conviction .will affect only those offenders who have knowledge of the same at the time of the act of execution or their cooperation therein What are the legal effects of habitual delinquency? 1) Third conviction . Means to accomplish the crime . Those arising from: 1. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods. For the purpose of this article. 2. Those included by law in defining the crime. Those which in themselves constitute a crime especially punishable by law. 63. robo. • The imposition of such additional penalties is mandatory and is not discretionary. Aggravating circumstances which are not considered for the purpose of increasing the penalty: 1. and (c) Upon a fifth or additional conviction. • It applies to all participants because it reveals persistence in them of the inclination to wrongdoing and of the perversity of character that led them to commit the previous crime.the penalty is that provided by law for the last crime and the additional penalty of prision mayor in its minimum and medium periods. 2. • The law does not apply to crimes described in Art.Felonies through negligence . Notwithstanding the provisions of this article. estafa or falsification. he is found guilty of any of said crimes a third time or oftener. the offender reveals the same degree of depravity or perversity as the one who commits a consummated crime. When in the commission of the deed there is present only one aggravating circumstance. Those inherent in the crime but of necessity they accompany the commission thereof. accomplices and accessories as to whom such circumstances are attendant. 3.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. is within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries.When the penalty is prescribed by a special law. — In all cases in which the law prescribes a single indivisible penalty. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. Rules for the application of indivisible penalties.

When both mitigating and aggravating circumstances are present. No aggravating and No mitigating . Ex. the lesser penalty shall be applied.HIGHER penalty b. One aggravating circumstance present . Rules for the application of penalties which contain three periods. Penalty is single and indivisible . 2. Mitigating and aggravating circumstances present . and arresto mayor in its minimum and medium periods.MINIMUM PERIOD c. Penalty to be imposed when the crime committed is not wholly excusable. 100% UP LAW UP BAROPS 2008 Page 49 of 62 . No mitigating circumstances present .indivisible penalties . Penalty to be imposed if the requisites of accident (Art. Whatever may be the number and nature of the aggravating circumstances. the court shall reasonably offset those of one class against the other according to their relative weight. in its maximum period. if of a less grave felony. One aggravating (any number cannot exceed the penalty provided by law in its maximum period) .MEDIUM PERIOD b. — In cases in which the penalties prescribed by law contain three periods. 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. When an aggravating circumstance is present in the commission of the act. When only a mitigating circumstances is present in the commission of the act. LESS GRAVE FELONY . 4. 12 par 4) are not all present: b.arresto mayor maximum period to prision correccional minimum period c. 64. they shall impose the penalty in its maximum period. When there are two or more mitigating circumstances and no aggravating circumstances are present.Basis of penalty: number and importance.arresto mayor minimum period and medium period Art. Some mitigating circumstances present and no aggravating . the courts shall not impose a greater penalty than that prescribed by law. the court shall reasonably allow them to offset one another in consideration of their number and importance. Rules for penalties: the application of indivisible aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. One mitigating .crimes committed by negligence Art. 64 does not apply to: . provided that the majority of such conditions be present. Penalty is composed of 2 indivisible penalties: a. 5. in view of the number and nature of the conditions of exemption present or lacking. When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance. 2 or more mitigating and no aggravating . each one of which forms a period in accordance with the provisions of Articles 76 and 77. the court shall observe for the application of the penalty the following rules. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present.penalties prescribed by special laws .— 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 shall be applied regardless of the presence of mitigating or aggravating circumstances. The courts shall impose the penalty in the period which may be deemed proper. according to the result of such compensation. Rules for the PENALTIES application of DIVISIBLE 1. 4. 3. 6. according to th7e number and nature of such circumstances. the court shall determine the extent of the penalty according to the number and nature of the a.LESSER penalty d.MAXIMUM PERIOD d.LESSER penalty c. whether it be a single divisible penalty or composed of three different penalties. Art.one degree lower (has the effect of a privileged mitigating circumstance) NOTE: Art. 67. they shall impose the penalty in its minimum period. Mitigating and aggravating circumstances offset each other .CRIMINAL LAW 3. 7. When both mitigating and aggravating circumstances attended the commission of the act.One or two degrees lower if the majority of the conditions for justification or exemption in the cases provided in Arts. for the purpose of applying the penalty in accordance with the preceding rules.fines . Within the limits of each period. in the period that it may deem applicable. 69. 11 and 12 are present. When there are neither aggravating nor mitigating circumstances. Penalty to be imposed when the crime committed is not wholly excusable . GRAVE FELONY . according to whether there are or are not mitigating or aggravating circumstances: 1. reclusion perpetua or death 2.to offset each other according to relative weight e. they shall impose the penalty prescribed by law in its medium period. the court shall impose the penalty next lower to that prescribed by law. — 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.

guilty of homicide. Additional penalty to be imposed upon certain accessories. The governing provision is Art. Lacanilao (1988) Facts: The CFI found the accused. Suspension of Sentence and Commitment of Youthful Offender. the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible. Reclusion perpetua. the following rules shall be observed: In the imposition of the penalties. THE THREE-FOLD RULE Art. should a pardon have been granted as to the penalty or penalties first imposed. Arresto menor. until he shall have reached twenty-one years of age or. therefore crediting to him the mitigating circumstance consisting of the incomplete justifying circumstance of fulfillment of duty. ART. Destierro. Successive service of sentence. the court should find that the youthful offender has committed the acts charged against him the court shall determine the imposable penalty. or duly licensed agencies or any other responsible person. but always lower by two degrees at least than that prescribed by law for the crime which he committed. 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. The CA lowered the penalty merely by one period applying Art. However. 2. ♣ Art. On appeal before the CA. Upon a person under fifteen but over nine years of age. 100% UP LAW UP BAROPS . shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony. 68 provides for two of the PRIVILEGED MITIGATING CIRCUMSTANCES ♣ If the act is attended by two or more mitigating and no aggravating circumstance. 3. including any civil liability chargeable against him. Arresto mayor. but always in the proper period. 70. 64 (2) appreciating incomplete fulfillment of duty as a mere generic mitigating circumstance lowering the penalty to minimum period. 2008 Page 50 of 62 PD No. WHERE THE OFFENDER IS BELOW 18 YEARS Art. ♣ Absolute perpetual disqualification if the principal offender is guilty of a grave felony. If after hearing the evidence in the proper proceedings. the court shall suspend all further proceedings and shall commit such minor to the custody or care of the Department of Social Welfare. Death. The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or any duly licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe. 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. 6. 68. the penalty being divisible. or should they have been served out. 192. — Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions. a discretionary penalty shall be imposed. ♣ 15 to 18 years old: penalty next lower ♣ Art. a minor over 15 but under 18 years old may still get a penalty two degrees lower. ♣ 9 to 15 years only with discernment: at least 2 degrees lower. or to any training institution operated by the government. Prision correccional. for a shorter period as the court may deem proper. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed. and that of absolute temporary disqualification if he shall be guilty of a less grave felony. a policeman. Prision mayor. 8. — When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code. 69 of the RPC. the following rules shall be observed: 1.CRIMINAL LAW People v. 58. G. 7. Reclusion temporal. 5. Penalty to be imposed upon a person under eighteen years of age. SPECIAL RULES COMPLEX CRIMES CRIME DIFFERENT FROM THAT INTENDED IMPOSSIBLE CRIMES PLURAL CRIMES ADDITIONAL PENALTY FOR CERTAIN ACCESSORIES Art. Held: CA erred because incomplete fulfillment of duty is a privileged mitigating circumstance which not only cannot be offset by aggravating circumstances but also reduces the penalty by one or two degrees than that prescribed b law. — When the culprit has to serve two or more penalties. instead of pronouncing judgment of conviction. who is not exempted from liability by reason of the court having declared that he acted with discernment. after considering the reports and recommendations of the Department of Social Welfare or the agency or responsible individual under whose care he has been committed. 4. the CA found that the accused acted in the performance of a duty but that the shooting of the victim was not the necessary consequence of the due performance thereof. ♣ Absolute temporary disqualification if the principal offender is guilt of less grave felony. 603. 2. he shall serve them simultaneously if the nature of the penalties will so permit otherwise.

Public censure Notwithstanding the provisions of the rule next preceding. 2. He impugns this as contrary to the three-fold rule and insists that the duration of the aggregate penalties should not exceed 40 years. Held: Petitioner is mistaken in his application of the 3-fold rule as set forth in Art. Temporary special disqualification 5. Civil interdiction 10. ♣ The three-fold rule applies only when the convict has to serve at least four sentences.Prision mayor e. 3. dividing into three equal portions of time included in the penalty prescribed. The time included in the penalty prescribed should be divided into 3 equal portions. the various offense punished with different penalties must be charged under different informations which may be filed in the same court or in different courts. Suspension from public office. ♣ Indemnity is a penalty. Nowhere in the article is anything mentioned about the “imposition of penalty”. and be voted for. In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty years. 70 of the RPC. the right to vote. “duration” of penalty and penalty “to be inflicted”.The Rules of Court specifically provide that any information must not charge more than one offense. This article is to be taken into account not in the imposition of the penalty but in connection with the service of the sentence imposed. Fine and Bond to keep the peace 9. 3019 aka the Anti-Graft and Corrupt Practices Act. ♣ Court must impose all the penalties for all the crimes of which the accused is found guilty. Public censure The penalties which can be simultaneously served are: 1. Such maximum period shall in no case exceed forty years. the right to follow a profession or calling. Perpetual absolute disqualification j.Destierro i. MEANING OF THE RULE 1. Arresto mayor g. The quotient should be added to the minimum prescribed (eliminate the 1 day) and the total will represent the maximum of the minimum period. The respective severity of the penalties is as follows: a. and l. 70 speaks of “service” of sentence.Reclusion perpetua c. he shall serve them simultaneously if the nature of the penalties will so permit. Temporary absolute disqualification k. Take the maximum of the minimum period. after subtracting the minimum (eliminate the 1 day) from the maximum of the penalty. ♣ The phrase “the most severe of the penalties” includes equal penalties. add 1 day and make it the 2008 Page 51 of 62 • Three-fold Rule 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. but in the service of the same. even if by different courts at different times. Otherwise. (As amended). Destierro 7. cannot exceed three-fold the most severe. . the order of their respective severity shall be followed. ♣ Subsidiary imprisonment forms part of the penalty. the right to follow profession or calling. can be served simultaneously with imprisonment.Prision correccional f. Rule in cases in which the penalty is not composed of three periods. WHERE THE PENALTY IS NOT COMPOSED OF 3 PERIODS Art.Death b. at the same time or at different times. Temporary absolute disqualification 4. Mejorada v. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period. Suspension 6. Outline of the provisions of this Article: 1. When the culprit has to serve 2 or more penalties. except destierro. 65. 100% UP LAW UP BAROPS . the maximum duration of the convict's sentence shall not be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him.CRIMINAL LAW 9. the courts shall apply the rules contained in the foregoing articles.Arresto menor h. 10 Temporal absolute disqualification. 11. and 12. Sandiganbayan (1987) Facts: The petitioner was convicted of violating Section 3(E) of RA No. ♣ All the penalties.Suspension from public office. Compute and determine first the 3 periods of the entire penalty. they shall not exceed three times the most severe and shall not exceed 40 years. Perpetual absolute disqualification 2. 2. It merely provides that the prisoner cannot be made to serve more than three times the most severe of these penalties the maximum which is 40 years. Perpetual absolute disqualification. Confiscation and payment of costs • The above penalties. Art. 3. Necessarily. and forming one period of each of the three portions. Penalties consisting in deprivation of liberty cannot be served simultaneously by reason of the nature of such penalties. Perpetual special disqualification 3. Reclusion temporal d. The minimum of the minimum period should be the minimum of the given penalty (including the 1 day) 4. One of the issues raised by the petitioner concerns the penalty imposed by the Sandiganbayan which totals 56 years and 8 days of imprisonment. — In cases in which the penalty prescribed by law is not composed of three periods. Public Censure 8. the right to vote and be voted for.

It is necessary to consider the criminal first as an individual. ♣ ISL does not apply to destierro. ♣ The settled practice is to give the accused the benefit of the law even in crimes punishable with death or life imprisonment provided the resulting penalty. Rules for the application of penalties which contain three periods. — In cases in which the penalties prescribed by law contain three periods. 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. the courts shall not impose a greater penalty than that prescribed by law. they shall impose the penalty prescribed by law in its medium period. rebellion. they shall impose the penalty in its maximum period. according to the number and nature of such circumstances. H. Whatever may be the number and nature of the aggravating circumstances. as computed by the trial court. 4. ♣ The indeterminate sentence is composed of: 1. But the law categorically declares that the maximum penalty then shall not exceed 20 years of reclusion 2008 Page 52 of 62 . a MINIMUM taken from the penalty next lower to that fixed in the code. sedition or espionage. Those who violated the terms of conditional pardon granted to them by the Chief Executive. 5. 2. 4.The law is intended to favor the defendant. the court shall impose the penalty next lower to that prescribed by law. When both mitigating and aggravating circumstances are present. a MAXIMUM taken from the penalty imposable under the penal code 2. ♣ Apply first the effect of privileged mitigating circumstances then consider the effects of aggravating and ordinary mitigating circumstances. had been sentenced by final judgment. ISL is expressly granted to those who are sentenced to imprisonment exceeding 1 year. CA (1996) In as much as the amount of P715k is P693k more than the abovementioned benchmark of P22k. is reclusion temporal or less. in the period that it may deem applicable. 3. ♣ 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. 10. Those who are habitual delinquents. 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. to be determined by the Board of Indeterminate Sentence. the court shall observe for the application of the penalty the following rules. ♣ The law does not apply to certain offenders: 1. Within the limits of each period. ♣ Prisoner must serve the minimum before he is eligible for parole. according to whether there are or are not mitigating or aggravating circumstances: 1. after considering the attending circumstances. mental and moral record as a prisoner. Those who. De la Cruz v. and second as a member of the society. 9. they shall impose the penalty in its minimum period. Those convicted of misprision of treason. then adding one year for each additional P10k. Those convicted of piracy. . Those convicted of treason. ♣ Purpose of the law: to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of liberty and economic usefulness . particularly to shorten his term of imprisonment. 2. Those sentenced to the penalty of destierro or suspension. Take the maximum of the medium period. upon the approval of the law. depending upon his behavior and his physical. When there are neither aggravating nor mitigating circumstances. When there are two or more mitigating circumstances and no aggravating circumstances are present. When an aggravating circumstance is present in the commission of the act. each one of which forms a period in accordance with the provisions of Articles 76 and 77. 5. the maximum period of 6 years. 7. PROCEDURE FOR DETERMING THE MAXIMUM AND MINIMUM SENTENCE ♣ Is consists of a maximum and a minimum instead of a single fixed penalty. THE INDETERMINATE SENTENCE LAW prisoner may be exempted from serving said indeterminate period in whole or in part. When only a mitigating circumstance is present in the commission of the act. whether it be a single divisible penalty or composed of three different penalties. the court shall reasonably offset those of one class against the other according to their relative weight.CRIMINAL LAW minimum of the medium period. 8 months and 21 days to 8 years of prision mayor minimum would be increased by 69 years. add 1 day and make it the minimum of the maximum period. 64. 6. 3. conspiracy or proposal to commit treason. 7. 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. ♣ The period between the minimum and maximum is indeterminate in the sense that the 100% UP LAW UP BAROPS Art. in its maximum period. the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. Those who shall have escaped from confinement or evaded sentence. 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. Persons convicted of offense punished with death penalty or life imprisonment. 8. Those whose maximum term of imprisonment does not exceed one year.

Reclusion perpetua. — The penalties of reclusion perpetua. prision mayor. reclusion temporal. Arresto menor. and other incidents connected therewith. nor within the radius therein specified. destierro is the proper penalty. The determination of the minimum penalty is left by law to the sound discretion of the court and it can be anywhere within the range of the penalty next lower without any reference to the periods into which it might be subdivided. or at least into different departments and also for the correction and reform of the convicts. the range of which is twelve (12) years and one (1) day to twenty (20) years. ♠ See Rules and regulations to implement RA No. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence. ♠ Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified. Since the penalty prescribed by law for the estafa charge against accused-appellant is prision correccional maximum to prision mayor minimum. nor with any other circumstances or incidents than those expressly authorized thereby. Saley (supra) Under the Indeterminate Sentence Law. Under the ISL.000. The modifying circumstances are considered only in the imposition of the maximum term of the indeterminate sentence. — No penalty shall be executed except by virtue of a final judgment. reclusion temporal. ♠ Destierro is imposed: a. which is prision correccional. which shall not more than 250 and not less than 25 km from the place designated. and the minimum shall be "within the range of the penalty next lower to that prescribed" for the offense. The penalty next lower should be based on the penalty prescribed by the Code for the offense. the matter should be so taken as analogous to modifying circumstances in the imposition of the maximum term of the full indeterminate sentence. When the death or serious physical injuries is caused or are inflicted under exceptional circumstances (art. the range of which is fourteen (14) years. ♠ The judgment must be final before it can be executed. — The penalty of arresto menor shall be served in the municipal jail. while the minimum shall be taken from the penalty next lower in degree. or in the house of the defendant himself under the surveillance of an officer of the law. People v. This interpretation of the law accords with the rule that penal laws should be construed in favor of the accused. When after lowering the penalty by degrees. Destierro. 88. and in the absence of any mitigating or aggravating circumstance. the minimum term of the indeterminate sentence should be anywhere within six (6) months and one (1) day to four (4) years and two (2) months . When and how a penalty is to be executed. the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed. shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future.00 should not be considered in the initial determination of the indeterminate penalty. which is prision mayor. the maximum of the penalty to be imposed upon the accused shall be taken from the medium period of reclusion temporal. But if the defendant has expressly waived in writing his right to appeal. 284) c. Applying the Indeterminate Sentence Law. Art. the judgment becomes final and executory. which shall be not more than 250 and not less than 25 kilometers from the place designated. the range of which is from six (6) years and one (1) day to twelve (12) years. Art. when the court so provides in its decision. the minimum term of the indeterminate penalt should be within the range of the penalty next lower in degree to that prescribed b the Code for the offense committed. prision correccional and arresto mayor. People v. prision mayor. Thus. prision correccional and arresto mayor. In the municipal jail 2008 Page 53 of 62 100% UP LAW UP BAROPS . and their diet. When a person fails to give bond for good behavior (art. Two (2) degrees lower is reclusion temporal. 247) b. A penalty shall not be executed in any other form than that prescribed by law. ♠ If the convict enters the prohibited area. the relations of the convicts among themselves and other persons. In addition to the provisions of the law. 334) d. The fact that the amounts involved in the instant case exceed P22. the penalty next lower would then be prision correccional minimum to medium. instead. Campuhan (supra) The penalty for attempted rape is two (2) degrees lower than the imposable penalty of death for the offense charged. 8177 under Capital Punishment. Service of the penalty of arresto menor: a. eight (8) months and (1) day to seventeen (17) years and four (4) months. the relief which they may receive. without first considering any modifying circumstance attendant to the commission of the crime. 78. which is statutory rape of a minor below seven (7) years. could be properly imposed" under the Revised Penal Code. I. in view of the attending circumstances. taking into consideration the health of the offender and other reasons which may seem satisfactory to it. EXECUTION AND SERVICE OF PENALTIES Execution of Penalties Art. in any of its periods. the maximum term of the penalty shall be "that which. 87.CRIMINAL LAW temporal. the time of its performance. Art. 86. because the accused may still appeal within 15 days from its promulgation. he commits evasion of sentence. As a penalty for the concubine in the crime of concubinage (Art. The regulations shall make provision for the separation of the sexes in different institutions.

there is no more legal basis for his detention. as amended. a copy of the Probation Order. 2001. it must first be shown that an applicant has none of the disqualifications imposed by law. RPC. is intended for offenders who are 18 years of age and above. it cannot be availed of as a matter of right by a person convicted of a crime. The nature of the sentence does not allow petitioner to serve all the terms simultaneously. The rule of successive service of sentence must be applied. the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. after conviction and sentence. The defendant may be admitted to bail pending such hearing. A violation of any of the conditions may lead either to a more restrictive modification of the same or the revocation of the grant of probation. The probationer. Thereafter. as amended. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. whenever the court so provides in the decision due to the health of the offender. but under the surveillance of an officer of the law. Effects of the Probation Law THE PROBATION LAW Taken from the DOJ website Section 3(a) of Presidential Decrees 968. shall immediately be brought before the court for a hearing of the violation charged. the probationer will have to serve the sentence originally imposed. Thus. 968. 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. Revocation of Probation At any time during probation. In the Matter of the petition for Habeas Corpus of Pete Lagran (2001) Facts: The accused was convicted of 3 counts of violating BP22 and was sentenced to imprisonment of 1 year for each count. he claimed that he shall serve the penalties simultaneously. Probation Conditions The grant of probation is accompanied by conditions imposed by the court: • The mandatory conditions require that the probationer shall (a) present himself to the probation officer designated to undertake his supervision at each place as may be specified in the order within 72 hours from receipt of said order. Disqualified Offenders Probation under PD No. control over him shall be transferred to the executive judge of the "Court of First Instance" of that place. On Mar. (3) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not more than Two Hundred Pesos. he filed a petition for habeas corpus claiming he completed the service of his sentence. 19. the executive judge to whom jurisdiction over the probationer is transferred shall have the power with respect to him that was previously possessed by the court which granted the probation. the investigation report and other pertinent records shall be furnished to said executive judge. In such case.CRIMINAL LAW b. To be able to enjoy the benefits of probation. In the case at bar. • Special or discretionary conditions are those additional conditions imposed on the probationer which are geared towards his correction and rehabilitation outside of prison and right in the community to which he belongs. Consequent to the revocation. The court shall notify either the probationer or the probation officer of the filing of such an application so as to give both parties an opportunity to be heard thereon. It is a condition in point of time which may be shortened and lengthened within the statutory limits and the achievements by the probationer of the reasonable degrees of social stability and responsibility from the measured observation of the supervising officer and the 100% UP LAW UP BAROPS 2008 Page 54 of 62 . is released subject to conditions imposed by the court and to the supervision of a probation officer. upon application of either the probationers or the probation officer. Transfer of Residence Whenever a probationer is permitted to reside in a place under the jurisdiction of another court. revise or modify the conditions or period of probation. It is a privilege granted by the court. or the Public Order. 1999. In the house of the offender. Period of Probation The period of probation is in essence a timebound condition. once arrested and detained. He was detained on Feb. and (b) report to the probation officer at least once a month at such time and place as specified by said officer. exercise discretion by the court in decisive order. the petitioner was sentenced to suffer one year imprisonment for every count of the offense committed. Post-Sentence Investigation The Post-Sentence Investigation (PSI) and the submission of the Post-Sentence Investigation Report (PSIR) are pre-requisites to the court disposition on the application for probation. the court may. the provisions regarding release on bail of persons charged with crime shall be applicable to probationers arrested under this provision. and who are not otherwise disqualified by law. (2) convicted of subversion or any offense against the security of the State. 70 allows simultaneous service of two or more penalties only if the nature of the penalties so permit. and in such case. 24. Termination of Probation After the period of probation and upon consideration of the report and recommendation of the probation officer. (4) who have been once on probation under the provisions of this Decree. Offenders who are disqualified are those: (1) sentenced to serve a maximum term of imprisonment of more than six years. Held: Art. 70. defines probation as a disposition under which an accused. Modification of Conditions of Probation During the period of probation. Citing Art.

Librado (1996) Facts: The respondent is a deputy sheriff who was charged of violating the Dangerous Drugs Act and is now claiming he is in probation. 10 of the Probation law are not exclusive. Bala v. Probationer failed to reunite with responsible society. The objectives of supervision are to carry out the conditions set forth in the probation/parole order. The OCA filed an administrative case against him and he was suspended from office. (2) parolees and pardonees. He violated the conditions of his probation. the only limitation being that it does not jeopardize the constitutional rights of the accused. etc. parolees and pardonees. has been tapping government/non-government organizations/individuals for various rehabilitation programs and activities for probationers. As defined. Thus. parolees and pardonees. Regional and Field Offices nationwide. ADMINISTRATION (PPA). Martinez (1990) PD 1990 which amends Sec. 4 of PD 968 is not applicable to the case at bar. depends on available resources in the community for the rehabilitation of offenders. involves the community in probation work through the use of volunteer workers and welfare agencies. skills training. His term of office is one year but can be renewed thereafter or terminated earlier depending upon his performance and willingness to serve. The role of the probation officer in this phase is to conduct the post-sentence investigation and to submit his report to the court within the period not later than 60 days from receipt of the order of the Court to conduct the said investigation. or prisoners released on parole or conditional pardon and referred by the Board of Pardons and Parole (BPP) to PAROLE AND PROBATION ADMINISTRATION . Salgado v. The order of probation with one of the conditions providing for the manner of payment of the civil liability during the period of probation. did not increase or decrease the civil liability adjudged. The conditions listed under Sec. Section 4 of the Probation Law establishes a much narrower period during which an application for probation ma be filed with the trial curt: “after the trial curt shall have convicted and sentenced a defendant and – within the period for perfecting an appeal”. 1982. 968 permits the utilization of the services of Volunteer Probation Aides to assist the Probation and Parole Officers in the supervision of probationers. The purpose is to determine whether offenders confined in prisons/jails are qualified for parole or any form of executive clemency and to discuss with them their plans after release. a convicted offender or his counsel files a petition for probation with the trail court.CRIMINAL LAW Programs and Services Post-Sentence Investigation. recognizing the important role of the community as a rehabilitation agent. 1985 and cannot be given retroactive effect because it would be prejudicial to the accused. who in turn orders the Probation Officer to conduct a post-sentence investigation to determine whether a convicted offender may be placed on probation or not. the revocation of his probation is compelling. and to bring about the rehabilitation of the client and his re-integration into the community. Probation is revocable before the final discharge by the court. Pre-Parole Investigation. He is appointed by the Administrator after successful completion of the 100% UP LAW UP BAROPS Introductory Training Course for probation volunteers. The provision expressly prohibits the grant of an application for probation if the defendant has perfected an appeal from the judgment of conviction. Community Linkages Probation/Parole. The grant of probation does not extinguish the civil liability of the offender. Probation officers submit their pre-parole assessment reports to the Board of Pardons and Parole. Llamado v. Courts are allowed to impose practically any term it chooses. or persons placed under probation by the courts. Office of the Court Administrator v. supervises two types of offenders under conditional release: (1) probationers. Bala was placed on probation on Aug. CA (1990) There is no question that the decision convicting Salgado of the crime of serious physical injuries had become final and executory because the filing by respondent of an application for probation is deemed a waiver of his right to appeal. as a community-based treatment program. After conviction and sentence. Petitioner’s right to apply for probation was lost when he perfected his appeal from the judgment of the trial court. CA (1989) In its present form. Expiration of probation period alone does not automatically terminate probation. a final order of discharge from the court is required. the PAROLE AND PROBATION Further. 2008 Page 55 of 62 . to ascertain whether the probationer/parolee/pardonee is complying with the said conditions.(PPA) (PPA). The Agency Supervision of Offenders. 11. who has been carefully selected and trained to do volunteer probation work. process employed by the field officers focused on particular needs of probationers. the Agency. Assistance is provided to the clientele in the form of job placement. counseling. Thus. It went into effect on Jan. Presidential Decree No. The treatment Rehabilitation Programs. 15.(PPA) conducts pre-parole investigation of all sentenced prisoners confined in prisons and jails within their jurisdiction. through its Community Services Division. The trial court lost jurisdiction already over the case. a Volunteer Probation Aide is a volunteer who is a citizen of good moral character and good standing in the community. The PAROLE AND PROBATION ADMINISTRATION . parolees and pardonees particularly in the areas where the caseload is heavy and the office is understaff or where the residence of the clientele is very far from the Parole and Probation Office. spiritual/moral upliftment.

33 (based on contracts). ♠ An accused may become insane: a. the execution of said sentence shall be suspended only with regard to the personal penalty. EXTINGUISHMENT OF CRIMINAL LIABILITY This section enumerates and explains the ways in which criminal liability is extinguished. the provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases. his sentence shall be executed. it must not be forgotten that unlike pardon probation does not obliterate the crime of which the person under probation has been convicted. As to pecuniary penalties. If at any time the convict shall recover his reason. the right to file a separate civil action is not lost. The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence. 344) (Art. The image of the judiciary is tarnished by conduct involving moral turpitude. Total Extinguishment A. The reform and rehabilitation of the probationer cannot justify his retention in the government service. 603 and Rule on Juveniles in Conflict with Law.CRIMINAL LAW Held: While indeed the purpose of the Probation Law is to save valuable human material. at the time of final judgment or while serving sentence – execution suspended with regard to the personal penalty only ♠ see Exempting Circumstance of Minority for PD No. one of which is prescription (of both the crime and the penalty) which will be discussed in detail. 79. ♠ Only execution of personal penalty is suspended: civil liability may be executed even in case of insanity of convict.court shall suspend hearings and order his confinement in a hospital until he recovers his reason c. BY THE DEATH OF THE CONVICT Extinguishes criminal liability as to personal penalties. — When a convict shall become insane or an imbecile after final sentence has been pronounced. Suspension of the execution and service of the penalties in case of insanity. Suspension in case of Insanity or Minority Art. Even if the accused dies pending appeal. Two kinds of extinguishment of criminal liability: Total Extinguishment Partial Extinguishment Kinds of Total Extinguishment: By the death of the convict By Service of sentence By Amnesty By Absolute Pardon By prescription of crime By prescription of penalty By the marriage of the offended woman and the offender in the crimes of rape. VII. liability is extinguished only when the death of the offender occurs before final judgment. abduction. unless the penalty shall have prescribed in accordance with the provisions of this Code. 100% UP LAW UP BAROPS 2008 Page 56 of 62 . Kinds of Partial Extinguishment: By Conditional Pardon By Commutation of sentence For good conduct. allowances which the culprit may earn while he is serving sentence By Parole By Probation Important: The Supreme Court ruled that reelection to public office is not one of the grounds by which criminal liability is extinguished. This is only true in administrative cases but not in criminal cases. EXCEPTION: Art. at the time of the trial . seduction and acts of lasciviousness. at the time of commission of the crime – exempt from criminal liability b.

Question: What if the pardon was given to him while he was serving his sentence? Answer: The pardon will not wipe out the effects of the crime. People v. Rarely exercised in favor of a single individual. Abungan (2000) The death of appellant extinguished his criminal liability.CRIMINAL LAW Illustration: 1. BY ABSOLUTE PARDON An act of grace. despite of this. Difference between Amnesty and Absolute Pardon Amnesty Blanket pardon to classes of persons. usually extended in behalf of certain classes of persons who are subject trial but have not yet been convicted. in which case. Question: Suppose what was given him was not amnesty but pardon? Answer: Yes. that his civil liability may be based on sources of obligation other than delict. B. although absolute does not erase the effects of conviction. Factoran. BY PRESCRIPTION OF THE CRIME (Art. Years later. So while a case is on appeal. because he died during the pendency of the appeal and before the finality of the judgment against him. Exception: The crime was concealed. the pardoned convict must reapply for the new appointment. the victims may file a separate civil action against his estate. guilty of political offenses May still be exercised even before trial or investigation Looks backward – it is as if he has committed no 100% UP LAW Absolute pardon Includes any crime and is exercised individually The person is already convicted Looks forward – he is relieved from the consequences of the UP BAROPS 2008 Page 57 of 62 Question: An offender was convicted of rebellion. he was still given absolute pardon. after the loss of a certain time. offense. Pardon only excuses the convict from serving the sentence. Monsanto V. General Rule: Prescription of the crime begins on the day the crime was committed. but rights not restored unless explicitly provided by the terms of the pardon Both do not extinguish civil liability Public act which the Private act of the court shall take President and must be judicial notice of pleaded and proved by the person pardoned Valid only when Valid if given either there is final before or after final judgment judgment offense. D. Years later. he was again convicted of rebellion. The offended party may file a separate civil action under the Civil Code if any other basis for recovery of civil liability exists as provided under Art 1157 Civil Code. Is he a recidivist? Answer: No. Because the amnesty granted to him erased not only the conviction but also the effects of the conviction itself. 90) Definition: The forfeiture or loss of the right of the State to prosecute the offender. . When the convict has already served the sentence such that there is no more service of sentence to be executed then the pardon shall be understood as intended to erase the effects of the conviction. Is he a recidivist? Answer: No. the prescription thereof would only commence from the time the offended party or the government learns of the commission of the crime. yet. his civil liability arising from the crime or delict (civil liability ex delicto) was also extinguished. It must be added. Although pardon restores his eligibility for appointment to that office. For this reason. 2. unless the language of the pardon specifically relieves him of the effects of the crime. not public. as may be warranted by law and procedural rules. (1989) Absolute pardon does not ipso facto entitle the convict to reinstatement to the public office forfeited by reason of his conviction. the offender dies. Moreover. he was convicted again of rebellion. Erases not only the conviction but also the crime itself. his death extinguishes both his criminal and civil liabilities. though. Bayotas (1991) Where the offender dies before final judgment. People v. BY SERVICE OF SENTENCE C. E. BY AMNESTY An act of the sovereign power granting oblivion or general pardon for a past offense. Jr. proceeding from the power entrusted with the execution of the laws Exempts the individual from the penalty of the crime he has committed. but he was given amnesty. Pardon. the case on appeal will be dismissed. Question: A person convicted of rebellion has already served the sentence.

Prescriptive Periods of Crimes F. one who has not been committed to prison cannot be said to have escaped therefrom (Del Castillo v. Penalty is imposed by final judgment Convict evaded service of sentence by escaping during the term of his sentence The convict who has escaped from prison has not given himself up. 2.CRIMINAL LAW Difference between Prescription of Crime and Prescription of the Penalty Prescription of crime Forfeiture of the State to prosecute after a lapse of a certain time Prescription of the penalty Forfeiture to execute the final sentence after the lapse of a certain time Note: Termination must be FINAL as to amount to a jeopardy that would bar a subsequent prosecution. For continuing crimes. 4. "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. or been captured. or unjustifiably stopped for any reason not imputable to the accused. the authorities or their agents. or gone to a foreign country with which we have no extradition treaty. BY PRESCRIPTION OF PENALTIES (Art. prescription of the crime is based on the fine. Libel Oral defamation and slander by deed Simple slander Grave slander Light offenses Crimes punishable by fines Fine is afflictive Fine is correctional Fine is light Note: Subsidiary penalty for nonpayment not considered in determining the period 3. 100% UP LAW UP BAROPS Period commences to run from the date when he culprit evaded20 the service of sentence When interrupted: Convict gives himself up Is captured Goes to a foreign country with which we have no extradition treaty Commits any crime before the expiration of the period of prescription Question: What happens in cases where our government has extradition treaty with another country but the crime is not included in the treaty? Answer: It would interrupt the running of the prescriptive period. 92) Definition: The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time. Interrupted by the filing of complaint or information It shall commence to run again when such proceedings terminate without the accused being convicted or acquitted. reclusion perpetua or reclusion temporal Afflictive penalties Correctional penalties Note: Those punishable by arresto mayor 20 years Death and reclusion perpetua Other afflictive penalties Correctional penalties Note: If arresto mayor Light penalties 20 years 15 years 10 years 5 years 1 year 15 years 10 years 5 years The highest penalty shall be made a basis 1 year 6 months 2 months 6 months 2 months 15 years 10 years 2 months Note: When the penalty fixed law is a compound one Computation of the Prescription of Penalties (Art. 91) Commences to run from the day on which the crime is discovered by the offended party. prescriptive period cannot begin to run because the crime does not end. Computation of Prescription of Offenses (Art. 20 2008 Page 58 of 62 . Prescriptive Periods of Penalties Crimes punishable by death. The term of prescription shall not run when the offender is absent from the Philippine archipelago. Torrecampo (2002). Clearly. 93) Elements: 1. 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. Note: When fine is an alternative penalty higher than the other penalty which is by imprisonment. or committed another crime The penalty has prescribed because of the lapse of time from the date of the evasion of service of the sentence by the convict.

it is a contract between the executive and the convict that the former will release the latter upon compliance with the condition. 344 must be contracted in good faith Partial Extinguishment A. is granted by he Chief Executive under the provisions of the Administrative Code Parole May be given after the prisoner has served the minimum penalty. prescribing the terms upon which the sentence shall be suspended. FOR GOOD CONDUCT ALLOWANCES The convict may earn these while he is serving his sentence. Example: Article 158. BY CONDTIONAL PARDON If delivered and accepted. In case of violation. 159 of the RPC. without being granted a pardon. Question: What happens if the convict fails to observe the condition of the parole? Answer: The Board of Pardons and Parole is authorized to: 1. Difference between Conditional Pardon and Parole Conditional Pardon May be give at any time after final judgment. Note: Not an automatic right for it has to be granted by the Director of Prisons (Art. if released because of conditional pardon. is granted by the Board of Pardons and Parole under the provisions of the Indeterminate Sentence Law In case of violation. B. BY PAROLE Definition: The suspension of the sentence of the convict after serving the minimum term of the intermediate penalty.CRIMINAL LAW Question: What is the effect of the acceptance of the convict of a conditional pardon? Answer: It would interrupt the acceptance of the prescriptive period. A. earthquake or similar catastrophe. 99). Example of a condition: “Not to violate any of the penal laws of the country again”. the convict may not be prosecuted under Art. 159 of the RPC. BY COMMUTATION OF SENTENCE C. To carry out his sentence without deduction of the time that has elapsed between the date of the parole and the subsequent arrest. G. Also. Thus. or during a mutiny in which he has not participated. BY MARRIAGE OF THE FFENDED WOMAN WITH THE OFFENDER This applies only to the following crimes: Rape Seduction Abduction Acts of lasciviousness The marriage under Art. D. BY PROBATION Note: Please see Probation Law on page 117. B. Direct his arrest and return to custody 2. The period of prescription that has run in his favor should be taken into account. but who returns within 48 hours after the proclamation that the calamity had passed shall be given credit of 1/5 deduction of the original sentence. the convict may be prosecuted under Art. E. A convict who escapes the place of confinement on the occasion of disorder resulting from a conflagration. this provision is not applicable. Question: What happens if the culprit is captured but he evades again the service of his sentence? Answer: The period of prescription that ran during the evasion is not forfeited. he must be serving his sentence. 100% UP LAW UP BAROPS 2008 Page 59 of 62 .

tavern or establishment. except: a) if the acquittal is based on reasonable doubt b) the acquittal was due to an exempting circumstance like insanity and c) when the court finds that there is only civil liability. 2. If there be no such persons. That the person criminally liable is insolvent. 4 of Art. Effect of ACQUITTAL: • As a rule. 12 which provides for injury caused by mere accident. 1. those doing the act shall be liable secondarily. ◦ Parents are subsidiarily liable according to Art 2180 of the Civil Code. 100. The final release of a child based on good conduct does not obliterate his civil liability for damages.There is no civil liability in paragraph 4 of Art. 1: 1. IN GENERAL B. c. or the offended party institutes the civil action prior to the criminal action. 11 4) CIVIL LIABILITY OF INNKEEPERS AND SIMILAR PERSONS ELEMENTS OF At 102 PAR. 3) CIVIL LIABILITY OF PERSONS ACTING UNDER JUSTIFYING CIRCUMSTANCES There is no civil liability in justifying circumstances except in par. IN GENERAL Art.CRIMINAL LAW VIII. the civil liability is extinguished. — Every person criminally liable for a felony is also civilly liable. CIVIL LIABILITY IN CERTAIN CASES C. • A. 2. The guests notified in advance the innkeeper or the person representing him of the deposit of their goods within the inn or house. EXTINCTION OF CIVIL LIABILITY • Exemption from criminal liability does not include exemption from civil liability. 3. if the offender is acquitted. the offended party waives his right to file a civil action the offended party reserves his right to institute it separately. The guest followed the directions of the innkeeper or his representative with 2008 Page 60 of 62 CIVIL LIABILITY OF PERSONS EXEMPT FROM CRIMINAL LIABILITY 100% UP LAW UP BAROPS . It is determined in the criminal action except if: a. CIVIL LIABILITY ARISING FROM A FELONY A. ELEMENTS OF PAR 2. TAVERNKEEPER OR PROPRIETOR of establishment or his employee committed a violation of municipal ordinance or some general or special police regulation. 7 of Art. 12 which provides for failure to perform an act required by law when prevented by some lawful or insuperable cause. That a crime is committed in such inn. B. 1) CIVIL LIABILITY FOR ACTS COMMITTED BY AN INSANE OR IMBECILE OR MINOR UNDER 9 OR OVER 9 AND LESS THAN 15 WHO ACTED WITH DISCERNMENT A minor • over 15 years of age • who acts with discernment ◦ is not exempt from criminal liability. b. Civil liability arises from the commission of the felony.There is no civil liability in par. Exceptions: 1. Civil liability of a person guilty of felony. WHAT CIVIL LIABILITY INCLUDES D. CIVIL LIABILITY IN CERTAIN CASES 1) CIVIL LIABILITY FOR ACTS COMMITTED BY AN INSANE OR IMBECILE OR MINOR UNDER 9 OR OVER 9 AND LESS THAN 15 WHO ACTED WITH DISCERNMENT 2) CIVIL LIABILITY FOR ACTS COMMITTED BY PERSONS ACTING UNDER IRRESISTIBLE FORCE OR UNCONTROLLABE FEAR 3) CIVIL LIABILITY OF PERSONS ACTING UNDER JUSTIFYING CIRCUMSTANCES 4) CIVIL LIABILITY OF INNKEEPERS AND SIMILAR PERSONS 5) SUBSIDIARY LIABILITY OF OTHER PERSONS 2. That the INNKEEPER. 2) CIVIL LIABILITY FOR ACTS COMMITTED BY PERSONS ACTING UNDER IRRESISTIBLE FORCE OR UNCONTROLLABE FEAR The persons using violence or causing the fear are primarily liable.

In case of a felony committed under an impulse of an equal or greater injury. The person who generated such an impulse is subsidiarily liable. Regardless of the crime committed. 5) SUBSIDIARY LIABILITY OF OTHER PERSONS Art 103 ELEMENTS: 1. In case of a felony committed under the compulsion of an irresistible force. 3. 2. It is not necessary that the effects of the guest be actually delivered to the innkeeper. Supreme Court ruled that the crime committed is not theft and rape but rape and unjust vexation for the taking of the earning. Reparation of the damage caused 3. The said employee is insolvent and has not satisfied his civil liability. person or corporation is engaged in any kind of industry. the guests will only be regarded as contributory negligence. The offender reasoned that he took the earrings of the victim to have a souvenir of the sexual intercourse. The offender was prosecuted for rape and theft. the buyer of the property at such execution sale is protected by law. the offender took the earrings of the victim. • unless committed by the innkeeper’s employees. 1. • and such property must be returned. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house. • it is enough that they were within the inn. The latter crime is not a crime against property but a crime against personal security and liberty under Title IX of Book II of the RPC. If there is violation of Anti-Fencing Law the fence • incurs criminal liability • aside from being required to restitute the personal property If RESTITUTION cannot REPARATION should be made be made then C. WHAT CIVIL LIABILITY INCLUDES Civil liability of the offender falls under three categories: 1. ILLUSTRATION: If a third party bought a property in a public auction conducted by the sheriff. Restitution or Restoration 2. Any of their servants. but it won’t absolve the management from civil liability (Esguerra notes) Subsidiary civil liability is imposed in the following: 1. 2. RESTITUTION OR RESTORATION Presupposes that • the offended party was divested property. teacher. REPARATION OF THE DAMAGE CAUSED 100% UP LAW UP BAROPS 2008 Page 61 of 62 . pupils. Supreme Court ruled that even though the guest did not obey the rules and regulations. ILLUSTRATION: Where the offender committed rape. • but only to the extent that they inherit property from the deceased IF OFFENDED PARTY DIES: • the heirs of the offended party step into the shoes of the latter to demand civil liability from the offender. • if the property is illegally taken from the offended party during the commission of the crime. No liability shall attach in case of robbery with violence against or intimidation of persons. No defense of diligence of a good father of a family. workmen. • the same shall be restored to the offended party • even if third party may be a holder for value and a buyer in good faith of the property Except when such third party buys the property from a public sale where the law protects the buyer. • the court may direct the offender to restore or restitute such property to the offended party. The employer. The offended party may only resort to reparation of the damage done from the offender. apprentices or employees commits a felony while in the discharge of his duties. 3. of If the property is in the hands of a third party. The person who employed the irresistible force is subsidiarily liable.CRIMINAL LAW respect to the care of the vigilance over such goods. 2. Indemnification damages of consequential IF OFFENDER DIES provided he died after judgment became final: • The heirs of offender • shall assume the civil liability. during the rape.

There is no subsidiary penalty for nonpayment of civil liability. then there will be an allowance for depreciation The damages are limited to those caused by the crime. accomplice or accessory. To relate with Article 38. or 3) those suffered by 3rd person by reason of the crime ILLUSTRATION: The offender carnapped a bridal car while the newly-weds were inside the church.CRIMINAL LAW Reparation is made by requiring the offender to pay the value of damages. • the liability in each class of offender shall be subsidiary. The present procedural law • does not allow a blanket recovery of damages. loss of profits. Exemplary damages if attended by 1 or more aggravating circumstances Indemnification for consequential damages includes: 1) those caused the injured party 2) those suffered by the family. 3. Since the car was only rented. Moral damages for mental anguish… 5. The court determines the amount of damages by considering: a) the price of the thing and b) Its special sentimental offended party by. People (2005) The award for civil indemnity ex delicto is mandatory and is granted to the heirs of the victim without need of proof other than the commission of the crime. Unless extinguished. EXTINCTION OF CIVIL LIABILITY Extinguished in the same manner as other obligations in accordance with the provisions of the Civil Code. civil liability subsists • even if the offender has served sentence consisting of deprivation of liberty or other rights or has served the same. When there are several offenders. due to amnesty. 100% UP LAW UP BAROPS 2008 Page 62 of 62 . consequential damage not only to the newly-weds but also to the entity which rented the car to them. In the crime of rape. the obligation shall devolve upon the accomplice(s) or accessory(s).000. • value to the If property is brand new. If there are more than one principal or more than one accomplice or accessory.00 for the damage to her honor. 2) People vs. • the court shall determine what shall be the share of each offender • depending upon the degree of participation – as principal. 1) Espaňa v. INDEMNIFICATION OF CONSEQUENTIAL DAMAGES Indemnification of consequential damages refers to the loss of earnings. • Each kind of damages must be specified and the amount duly proven. commutation of sentence or any other reason. • Anyone of them may be required to pay the civil liability pertaining to such offender without prejudice to recovery from those whose share have been paid by another. • when there is an order or preference of pecuniary (monetary) liability. If all the principals are insolvent. Tupal. Loss of the thing due • does not extinguish civil liability • because if the offender cannot make restitution. therefore. he is obliged to make reparation. D. INDEMNITY: P50. 2003. pardon. restitution is not included here. But whoever pays shall have the right of covering the share of the obligation from those who did not pay but are civilly liable. Exemplary damages were awarded when the offense was committed with at least 1 aggravating circumstance. Where DEATH results: 1. Support to a non-heir 4. the damages awarded to the offended woman is generally P30.000 2. Lost of Earning Capacity 3.

Master your semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master your semester with Scribd & The New York Times

Cancel anytime.