Criminal Law 1 Atty Gayatao

CRIMINAL LAW 1
BY: ATTY. JUVI H. GAYATAO

CRIMINAL LAW 1
§ INTRODUCTION:
Before the Spanish Colony, we have Criminal Law, “The
Code of Kalantiao”, which often termed as the First Penal Law
in the History of the Philippines. Under this code, if a man
would have a relation with a married woman, he is penalized.
CRIMINAL LAW 1
Adultery and concubinage are crimes during those days.

Even offending things, such as goods, are penalized. The
Code of Kalantiao has certain penal provisions. The Filipinos
have their own set of penology.
CRIMINAL LAW 1
When the Spanish Colonizers came, Royal Decree of 1870

made the Spanish codigo Penal applicable and extended to
the Philippines. This was made effective in the Philippines on
July 14, 1876. However, the Spanish Codigo Penal did not
cater to the customs and tradition of the Filipinos.
CRIMINAL LAW 1
§ A Filipino, Rafael Del Pan, made the so called correctional

code but this code was never enacted into law, instead, a
committee was organized headed by then Anacleto Diaz. This
committee was the one who drafted the present penal code.
The Revised Penal Code took effect on January 1,1932.
CRIMINAL LAW 1
§ DEFINITION OF TERMS
1.) Law
-is a rule of conduct, just and obligatory,
promulgated by competent authority for
common observance and benefits.
2.) Crime
-is an act or omission punishable by law. It is
an act omitted or committed in violation of
public law forbidding or commanding it.
CRIMINAL LAW 1
3.) Felony
-is an act or omission punishable by The Revised Penal
Code.
4.) Offense
-may be defined as an act or omission punishable by
Special Laws.
CRIMINAL LAW 1
5.) CRIMINAL LAW

-may be defined as a branch of public or municipal
law, which defines crimes, treats of their nature and
provides for their punishment.
6.) Omission
-means inaction, failure to do a positive duty, which
one is bound to do.
7.) Act
-means any bodily movement tending to produce
some effect in the external world.
DIFFERENT PHILOSOPHIES
UNDERLYING CRIMINAL
LAW SYSTEM:
PHILOSOPHIES UNDERLYING
CRIMINAL LAW SYSTEM
1.) Classical/Juristic Theory
-Best remembered by the maxim “an eye for
an eye, a tooth for a tooth”. The purpose of
penalty is retribution. The offender is made to
suffer for the wrong he has done.
A man is regarded as a moral creature who
understands right from wrong; he must be
prepared to accept the punishment therefore.
CRIMINAL LAW SYSTEM
2.) Positive/Realistic Theory

-The purpose of penalty is reformation.
Crimes are regarded as a social
phenomenon, which constrains a person
to do wrong although not his own volition.
A tendency towards crime is the product of
one’s environment. There is no such thing
as natural born killer. This was criticized as
being too lenient.
CRIMINAL LAW SYSTEM
3.) Eclectic/Mixed Theory
-This combines both positivist and classical thinking. Crimes that
are economic and social in 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 follows the mixed/eclectic theory.
CRIMINAL LAW SYSTEM
3.) Eclectic/Mixed Theory

Example:
Intoxication of the offender is considered to mitigate his
criminal liability, unless it is intentional or habitual.
A woman who killed her child to conceal her dishonor has
in her favor mitigating circumstances.
BASIC MAXIMS IN
CRIMINAL LAW
BASIC MAXIMS IN CRIMINAL
LAW
1.) Doctrine of PRO REO
-Whenever a penal law is to be constructed or applied and
the law admits of two interpretations, one lenient to the
offender, and one strict to the offender, the former
interpretation, which is lenient or favorable to the offender,
will be adopted.
LAW
1.) Doctrine of PRO REO
-This is in consonance with the fundamental rule that all
doubts shall be construed in favor of the accused and
consistent with presumption of innocence of the accused.
LAW
2.) Null Crimen Nulla Poena Sine Lege
-There is no crime when there is no law punishing the same.
Because of this maxim, there is no common law crime in
the Philippines, no matter how wrongful, evil or bad the acts
is, if there is no law defining the act, the same is not
considered a crime.
LAW
2.) Null Crimen Nulla Poena Sine Lege
-Common Law Crimes are wrongful which the community
condemns as contemptible, even though there is no law
declaring the act criminal.
LAW
3.) Actus on Facit Reum, Nisi Mens Sit Rea
-The act cannot be criminal where the mind is not criminal.
This is only true to a felony committed intentionally or
characterized as DOLO, but not those felonies resulting
form negligence (Culpa).
LAW
4.) Actus me invito est meus actus
-An act done by me against my will is not my act. Usually,
this is applicable to exempting circumstances particularly
paragraph 5 and 6 of Art. 12 of the RPC. The offender is
under the compulsion of an irresistible force and
uncontrollable fear.
PURPOSES OF
CRIMINAL LAW
PURPOSES OF CRIMINAL LAW
1.) To reform (reformation);

2.) To deter others (deterrence);
3.) To prevent the offender from committing further crimes
(prevention);
4.) To defend the State against crimes (self-defense);
5.) To set an example (exemplarity).
SOURCES OF
CRIMINAL LAW
SOURCES OF CRIMINAL LAW
1.) The Revised Penal Code (Act. No. 3815) which took effect on
January 01, 1932;
2.) Acts of the Philippine Legislature, National Assembly,

congress of the Philippine, Batasang Pambansa,
Presidential Decrees, Executive Orders, etc.;
THE CLASSICAL THEORY OF CRIMINAL
LAW BEING ADOPTED IN THE
PHILIPPINES
THE CLASSICAL THEORY OF CRIMINAL
LAW BEING ADOPTED IN THE
PHILIPPINES
§ “Basic criminal liability is human free will and the purpose of penalty is
retribution. It endeavors to establish mechanical and direct proportion
between crime and penalty”.
RULES ON
CONSTRUCTION OF
PENAL LAWS
RULES ON CONSTRUCTION OF
PENAL LAWS
§ A penal law is liberally constructed in favor of the offender.

Quantum of evidence is proof beyond reasonable doubt.
PARTS OF THE
REVISED PENAL
CODE
PARTS OF THE REVISED
PENAL CODE
1.) Principles affecting Criminal Liability (Arts. 1-20)
2.) Penalties including liability

(Arts. 21 to 113)
3.) Specific Felonies and their Penalties (Arts. 114-366)

EFFECTIVITY OF THE
REVISED PENAL CODE:
January 1, 1932.
THREE GENERAL
CHARACTERISITIC OF
CRIMINAL LAW
THREE GENERAL CHARACTERISITIC
OF CRIMINAL LAW
1.) GENERALITY
-That the law is binding upon all persons who reside or sojourn in
the Philippines, irrespective of age, sex, color, creed or personal
circumstances. (Art. 114, NCC);
Exceptionsto GENERALITY:
1. Treaty stipulation
2. Laws of preferential application
3. Principles of Public international law.
Examples:
a. Sovereigns and other head of state.
b. Ambassador, minister plenipotentiary, minister
resident and charges d' affaires.
But consuls, vice-consuls and other foreign
commercial representatives can not claim the
privileges and immunities accorded to ambassadors
and ministers
OF CRIMINAL LAW
2.) TERRITORIALITY
-That the law is applicable to all crimes committed within the limits of
Philippine territory, which includes its atmosphere, interior waters
and maritime zone. (Art. 2, RPC, see Art. 1 of the Philippine
Constitution);
Exceptions: Article 2 of the RPC - binding even on crimes
committed outside of the Philippines.
1. Offenses committed while on Philippine ship or airship.
2. Forging or counterfeiting any coin or currency note of the
Philippines or the obligations and securities issued by
the government.
3. Introduction into the country of the above mentioned
obligations and securities.
4. While being public officers and employees,an offense is
committed in the exercise of their functions.
5. Crimes against national security and the law of the nations
defined in title I of Book II
THREE GENERAL CHARACTERISTIC
OF CRIMINAL LAW
3.) IRRETROSPECTIVITY OR PROSPECTIVITY

-That the law does not have any retroactive effect (Art. 4, NCC)
except if it favors the offender (Art. 22, RPC) who is not a habitual
criminal (Art. 62, par. 5 RPC).
OF CRIMINAL LAW
-Penal laws shall not be given retroactive effect.

Acts or omission will only be subject to a penal
law if they are committed after a penal law had
already taken effect. Penal laws operate only
prospectivity.
§ Exception: If the penal law is favorable to the
accused.
§ Exemption to the exception: If the accused is
habitual delinquent.
OF CRIMINAL LAW
Example:
A, was convicted for illegal Possession of
firearm in 1995. The penalty for IP of F/A at that
time was 12 years and 1 day to 20 years. On
1998 a law was passed lowering the penalty to 6
years and 1 day to 10 years. Will the new law be
given retroactive effect to “A” that is now serving
his sentence?
THREE GENERAL CHARACTERISTIC
OF CRIMINAL LAW
Answer:
Yes, the law can be retroactively applied because it is favorable to
the accused.
ART. 2
EXTRA-TERRITORIAL
JURISDICTION
(EXCEPTION TO TERRITORIALITY)
EXTRA-TERRITORIAL
§ JURISDICTION
Rules as to jurisdiction over crimes committed abroad a foreign
merchant vessel:
1.) French Rule:
This rule suggest that such crimes are not triable in the court of that
country, unless their commission affects the peace and security or
the safety of the state is endangered.
EXTRA-TERRITORIAL
JURISDICTION
2.) English Rule:
Meaning, such crimes are triable in the country where the
vessel is located, unless they merely affects things within
the vessel or they refer to the internal management thereof.
Take Note:
The English rule is what is being applied here in the
Philippines.
FELONIES & CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
§ ART. 3
-FELONIES (Either by dolo or culpa)
ELEMENTS OF FELONY
a.) there must be an act of omission
b.) such act or omission is punishable by RPC; and
c.) committed either by dolo or culpa.
FELONIES & CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABILITY
ELEMENTS OF DOLO ELEMENTS OF CULPA

§ intelligence § intelligence
§ freedom § freedom
§ criminal intent § negligence/imprudence
§ Intent
-the purpose to use a particular means to affect such result while
§ Motive
-the moving power, which impels one to action for a definite result,
e.g. Jealousy, revenge.
§ Proximate Cause
-That cause, which, in natural and continuous sequence, unbroken
by any efficient intervening cause, procedures injury, and without
which the result would not have been committed (Bataclan V.
Medina 102 Phil. 181)
§ MALA INSE
-An act mala inse is a wrong act from its very nature as those
felonies punished in the Revised Penal Code.
§ MALA PROHIBITA
-An act mala prohibita is a wrong because law prohibits it. Without
the law punishing the act, it cannot be considered wrong.
Hence the mere commission of that act is what constitutes the

offense punished and criminal intent will be immaterial for reason
of public policy. So, mere carrying of a firearm within a polling place
is punished by the Revised Election Code, regardless whether or
not the offender had the intention to violate the law.
ART. 4 – WHO INCURS
CRIMINAL LIABILITY
§ Criminal liability shall be incurred by any person:
1.) Committing a felony (delito) although the wrongful act done be

different from that which he intended; and
CRIMINAL LIABILITY
2.) performing an act which would be an offense against persons
or property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of
inadequate or ineffectual means (impossible crime – a crime
of last resort).
CRIMINAL LIABILITY
§ Error in personae (Mistake in Identity)
§ Aberratio Ictus (Mistake in Blow)
§ Praeter Intentionem (The act exceeds the Intent)
§ Impossible Crime
Mistake of fact - misapprehension of fact on the part
of the person who caused injury to another. He is not
criminally liable.
Requisites:
a. The act done would have been lawful had the
facts been as the accused believe them to be
b. Intention is lawful.
c. Mistake must be without fault or carelessness by
the accused.
ART. 5 – DUTY OF COURTS:
1.) If the act charged is not punished by law which the Court
deems proper to repress;
2.) In case of excessive penalty.

ART. 6 – STAGES IN THE
COMMISSION OF FELONY
1.) Consummated Felony, A Felony is consummated when all the

elements necessary for its execution and accomplishment
are present.
2.) Frustrated Felony, A felony is frustrated when the offender

performs all the acts of execution, which would produce the
felony as a consequence, but, which, nevertheless, do not
produce it by reason of cause independent of the will of the
perpetrator.
3.) Attempted Felony, There is an attempt when the offender

commence of the crime directly by overt acts, and does not
perform all the acts of execution which would produce the
felony by reason of some cause or accident other than his
own spontaneous desistance.
§ What is an indeterminate offense?
-It is one where the purpose of the
offender in performing an act is not certain.
Acts which are susceptible of double
interpretation, that is in favor as well as
against the accused, and which show an
innocent as well as punishable act, must
not and can not furnish grounds by
themselves for attempted crime. (Peoples V.
Lamahang. 61 Phil. 707)
ART. 7 – WHEN LIGHT FELONIES
ARE PUNISHABLE:
§ Light felonies:
-are those infractions of law for the commission
of which the penalty of arresto menor or a fine not
exceeding 200 pesos, or both, is provided.
§ General Rule:
-Light felonies are punishable only when they
have been consummated.
§ Exception:
-Light felonies committed against persons or
properties are punishable even if attempted or
frustrated.
ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT A CRIME
§ Kinds:
1.) Conspiracy and proposal to commit felony as a crime.
Ex.:
-Conspiracy to and proposal to commit rebellion, treason and
sedition.
2.) Conspiracy and Proposal to commit felony as a manner of incurring

criminal liability. (The act of one is the act of all)
§ Conspiracy exists when two or more persons come to an agreement

concerning the commission of a felony and decide to commit it.
Requisites of conspiracy are:
1.) there are two or more persons;

2.) who come to an agreement;
3.) concerning the commission of a felony; and
4.) they decide to commit the felony.
§ Proposal, There is a proposal when the person who has decided to

commit felony proposes it execution to some other person or persons.
Requisites are:
1.) a person has decided to commit a felony; and

2.) after such decision, he proposes the execution of the felony to some
other person or persons.
Not Punishable Except:

§ rebellion
§ sedition
§ treason
ART. 9 – CLASSIFICATION FELONIES
ACCORDING TO GRAVITY
1.) Grave felonies

-those which the law attaches a capital punishment or a penalty
which is afflictive in any its periods;
ART. 9 – CLASSIFICATION FELONIES
ACCORDING TO GRAVITY
2.) Less Grave Felonies

-those in which the penalties in their maximum period are
correctional;
3.) Light Felonies
-those infractions of law in which the penalty of arresto menor or a
fine of not exceeding P200.00 or both.
ART. 10 – OFFENSES NOT SUBJECT
TO THE PROVISIONS OF THE REVISED
PENAL CODE
§ Suppletory in Nature
-Offenses which are or in the future may be punishable under
special laws are not subject to the provisions of this Code. This Code
shall be supplementary to such laws, unless the latter should
especially provide the contrary.
CHAPTER 2
JUSTIFYING CIRCUMSTANCES AND

CIRCUMSTANCES WHICH EXEMPT
FROM CRIMINAL LIABILITY
ART 11. – JUSTIFYING
CIRCUMSTANCES
§ JUSTIFYING
-those wherein the acts of the actor are in accordance with
law, and hence, he incurs no criminal and civil liability
CIRCUMSTANCES
1.) Self-defense – requisites:
a.) unlawful aggression
b.) reasonable necessity of the means employed to prevent
or repel it; and
c.) lack of sufficient provocation on the part of the person
defending himself.
Test of reasonableness depends on:
1) weapon used by the aggressor
2) physical condition, character, size and circumstances of persons
defending himself
3) place and occasion of assault
§ 2.) Defense of relative
Elements:
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one
making the defense had no part in such provocation.
DEFENSE OF RELATIVES
spouse, ascendants,
descendants Grandfather
legitimate, natural or
adopted brothers or
sisters, or his relatives by Son Daughter
affinity in the same
degrees
Relatives by consanguinity
within the fourth civil Grandson Granddaughter Grandson
degree
CIRCUMSTANCES
3.) Defense of stranger
Elements:
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or
repel it.
3. Person defending be not induced by revenge, resentment, or
other evil motive.
CIRCUMSTANCES para 4 with civil
4.) State of necessity
liability
-doing an act which causes damage to
another to avoid an evil or injury.
Requisites are:
a.) the evil to be avoided actually exists;
b.) the injury feared be greater than that done
to avoid it; and
c.) there be no other practical and less
harmful means of preventing it.
CIRCUMSTANCES
5.) Fulfillment of duty or exercise of right of office.
6.) Obedience to superior order for a lawful purpose.

CIRCUMSTANCES
-In self-defense the burden of proof rests upon the
accused. His duty is to established self-defense by clear
and convincing evidence; otherwise conviction would follow
from his admission that he killed the victim. (People v.
Mercado 159 Phil. 453)
CIRCUMSTANCES
-The discrepancy on accused-appellants testimony as to
whether he stabbed the victim on the left or the right side
of his chest is of such a material character that it renders
his entire testimony dubious at best. The mere fact that the
accused-appellant was injured does not prove his claim of
self-defense. (People v. Gadia, September 21, 2001)
CIRCUMSTANCES
-Reasonable necessity of the means employed is negated
by the location and severity of the victim’s wounds. Mortal
wounds at vital parts of the victim’s body indicate
appellant’s determination to kill the deceased and not
merely to defend himself. (People v. Zate, Nov. 17, 2001)
ART. 12 – EXEMPTING
CIRCUMSTANCES
-those wherein there is an absence in the agent of the
crime any of the conditions what would make an act voluntary
and, hence, although there is no criminal liability, there is civil
liability.
CIRCUMSTANCES
1.) an imbecile or an insane person, unless the latter has acted
during a lucid interval;
2.) a person under nine years of age;
3.) a person nine years old and over and under fifteen, unless he
has acted with discernment;
acted w/out discernment

§ Under RA 9344 or the Juvenile Justice and Welfare Act, a
minor 15 years old and below is exempt from criminal liability.
CIRCUMSTANCES
4.) any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention
of causing it;
5.) any person who acts under the compulsion of irresistible
force;
CIRCUMSTANCES
6.) any person who acts under the impulse of an uncontrollable
fear of an equal or greater injury; and
7.) any person who fails to perform an act required by law, when
par 4&7
prevented by some lawful insuperable cause.
exempt both crim

& civil liab.
CIRCUMSTANCES
§ Other cases of non-liability for a felony:
1.) prescription;
2.) relationship in crimes of theft, swindling and
malicious mischief;
3.) relationship in some accessories;
4.) pardon by offended party and marriage between
offender and offened party;
5.) infliction of physical injuries under stated
conditions (art. 247);
6.) amnesty; and
7.)pardon by the Chief Executive.
CHAPTER 3
MITIGATING
CIRCUMSTANCES
ARTICLE 13. MITIGATING
CIRCUMSTANCES
§ MITIGATING – (Art. 13) those that have the effect of reducing
the penalty because there is a diminution of any of the
elements of dolo or culpa which makes the act voluntary or
because of the lesser perversity of the offender.
CIRCUMSTANCES
1.) those mentioned in the preceding chapter
when all the requisites necessary to justify
the act are not attendant.
2.) Incomplete self-defense. Unlawful
aggression on the part of the victim is an
indispensable requisite in order to be
entitled from privileged mitigating
circumstances (P. v. Mazo, Oct. 17, 2001)
CIRCUMSTANCES
3.) Under eighteen or over seventy years old.
4.) No intention to commit so grave a wrong as that committed.
5.) Sufficient provocation or threat on the part of the offended
party immediately preceded the act.
immediate-
1 hour!
CIRCUMSTANCES
6.) Act was committed in the immediate vindication of a grave
offense to the one committing the felony.
7.) Having acted upon an impulse so powerful as naturally to have
produced passion or obfuscation.
immediate-
proximate
CIRCUMSTANCES
8.) Voluntary surrender. Requisites: (1) The offender has not
been arrested; (2) he surrendered himself to a person in
authority or agent of a person in authority; and (3) his
surrender was voluntary. (P. v. Gadia, Sept. 21, 2001)
CIRCUMSTANCES
9.) Offender is deaf and dumb, blind or suffering from physical
defects that restrict his means of action, defense or
communication.
10.) Such illness of the offender as would diminish the exercise
of the
will-power of the offender without depriving him of the
consciousness of his acts.
11.)CIRCUMSTANCES
Voluntary confession of guilt. Not appreciated
where accused appellant merely proposed to the
prosecution that he plead guilty to the crime of
homicide during the pre-trial for murder, which was
rejected by the prosecution. (P. v. Quinicio, Sept.
13,2001)
The confession of guilt must be made prior to the

presentation of the evidence for the prosecution.
(Pagayao v. Imbing., Aug. 15, 2001)
CHAPTER 4 CIRCUMSTANCES
WHICH AGGRAVATE CRIMINAL
LIABILITY
ARTICLE 14. AGGRAVATING
CIRCUMSTANCES
§ AGGRAVATING – (Art. 14) those which serves to increase the
penalty without exceeding the maximum provided by law
because of the greater perversity of the offender as shown by
the motivating power of the commission of the crime, the time
and place of its commission, the means employed or the
personal circumstance of the offender.
CIRCUMSTANCES
§ Aggravating when the crime is committed in any or through
the following:
1.) advantage by the offender’s public position;
2.) in contempt of or with insult to the public authorities;
CIRCUMSTANCES
3.) with insult or disregard of the respect due the offended party
(rank, sex, age or if in the offended party’s dwelling;
4.) with abuse of confidence or obvious ungratefulness;
5.) in the palace of the Chief Executive (in his presence, where
public are gathered in discharge of their duties, or in places
of religious worship);
CIRCUMSTANCES
6.) in night time, or uninhabited place, or by a band);
7.) on the occasion of conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune;
8.) with the aid of armed men to insure or afford impunity;
CIRCUMSTANCES
9.) accused is recidivist;
10.) offender has been previously punished by an offense with an
equal or greater penalty or for two or more crimes with
lighter penalty;
11.) in consideration of a price, reward, or promise;
Recidivism (Art. 14,par 9) Repetition (Art. 14. par 10)
-The offender at the time of the trial for - The offender has been previously
punished for an offense to which the law
one crime shall have been previously attaches an equal or even greater
convicted by final judgment of another penalty or for two or more crimes to
embraced in the same title which it attaches a lighter penalty.
Habitual Delinquency (Art. 62)

Quasi-recidivism (Art. 160)
- The offender within a period of 10 years
from the date of his release or last -Committing a felony after having
conviction of crimes serious or less been convicted by final judgment
serious PI, robo, hurto, estafa or before beginning to serve such
falsification, is found guilty third time or sentence or while serving sentence.
oftener.
CIRCUMSTANCES
12.) by means of inundation, fire, poison, explosion, stranding of
a vessel or intentional damage thereto, derailment of
locomotive, or by the use of any other artifice involving
great waste and ruin;
13.) with evident premeditation;
14.) employing craft, fraud or disguise;
CIRCUMSTANCES
15.) advantage be taken of superior strength, or means employed
to weaken the defense;
16.) with treachery;
17.) means employed add ignominy to the natural effects of the
act;
18.) after an unlawful entry;
CIRCUMSTANCES
19.) a wall, roof, door, or window be broken;
20.) with the aid of persons under fifteen years of age or by mean
of motor vehicles, motorized watercrafts, airships or other
similar means; and
21.) deliberately augmented by causing other wrong not
necessary for its commission.
CIRCUMSTANCES
§ Dwelling Aggravating, when the crime is committed in the
dwelling of the offended party and the latter has not been
given provocation. (People v. Perreras, July 31, 2001)
§ Night time. It is aggravating when the offender specially
sought the darkness in order to facilitate the commission of
the crime.
CIRCUMSTANCES
§ Evident Premeditation. Not to be
appreciated where there is neither evidence
of planning or preparation to kill nor the
time when the plot was conceived.
§ Abuse of superior strength. Use of excessive
force out of proportion to the means
available to the person attacked to defend
himself. The use of force must be deliberate
on the part of the malefactor. (People v.
Almendras. Dec. 20, 2001)
CIRCUMSTANCES
§ Treachery. Exist when the offender commits any of the crimes
against person, employing means, methods or forms in the
execution thereof which tend directly ands specially to insure
its execution with out risk to himself arising form the defense
which offended party might make. (People v. Perreras Dec. 5,
2001)
CHAPTER 5 –
ALTERNATIVE
CIRCUMSTANCES
ARTICLE 15. THEIR CONCEPT
§ ALTERNATIVE – (Art. 15) those which are either aggravating or

mitigating according to the nature and effects of the crime
and other conditions attending to its commission.
§ Intoxication. It is mitigating when the offender has committed

a felony in a state of intoxication, if the same is not habitual
or subsequent to the plan to commit said felony. (People v.
Domingo, August 9, 2001)
§ Relationship. Considered as generic aggravating

circumstances in crimes of rape and acts of lasciviousness.
(P. v. Toralba, August 9, 2001)
§ Degree of instruction or education of the offender.

TITLE TWO
PERSONS CRIMINALLY
LIABLE FOR FELONIES
ART. 16 – WHO ARE
CRIMINALLY LIABLE?
1.) Who are liable for Grave and Less Grave Felonies?
a.) principals;
b.) accomplices; and
c.) accessories.
2.) Who are liable for Light Felonies?
a.) Principals; and
b.) Accomplices.
ART. 17 – WHO ARE
PRINCIPALS?
1.) Principals Who take Direct part in the Execution of the Act;
2.) Principal Who directly Forces or Induces Others to Commit a
Crime; and
3.) Principals Who cooperate in the Commission of the Offense by
Another Act without which it would not have been
accomplished.
ART. 18 – WHO ARE
ACCOMPLICES?
§ Those who not being included in Article 17, cooperate in the
execution of the offense by previous or simultaneous acts.
ART. 19 – WHO ARE
ACCESSORIES?
1.) those who have knowledge in the commission of the crime;
2.) take part subsequent to its commission in any of the following
manner:
a.) by profiting themselves or assisting the offender to profit
from the effects of the crime;
ART. 19 – WHO ARE
ACCESSORIES?
b.) by concealing or destroying the body of
the crime or the effects or instruments
thereof, in order to prevent its discovery;
c.) by harboring, concealing, or assisting in
the escape of the principal of the crime if
he acts with abuse of public functions or
when the author of the crime is guilty of
treason, parricide, murder or an attempt to
take the life of the Chief Executive or is
known to be habitually guilty of some other
crime.
ART. 20 – EXEMPTED
ACCESSORIES
§ spouse, ascendants, descendants, legitimated, natural and
adopted brothers and sisters, or relatives by affinity within the
same degrees.
but liable under

obstruction of
justice
TITLE THREE
PENALTIES
CHAPTER 1 - PENALTIES IN
GENERAL
Chapter 1-PENALTIES IN
GENERAL
§ PENALTY DEFINED
- In its general sense, penalty signifies pain; in its juridical
sphere , penalty means the suffering undergone, because of
the action of society, by one who commit a crime. Hence,
penalty is imposed only after a conviction in a criminal action.
GENERAL
§ JURIDICAL CONDITIONS OF PENALTY
1.) Must be productive of suffering but the limit is the integrity of
human personality;
2.) Must proportionate to the crime in the sense that different
penalties are prescribed for different felonies;
3.) Must be personal as must be imposed only upon the criminal
and no other;
GENERAL
4.) Must be legal it must be in consequence of a judgment
according to law;
5.) Must be certain so that one cannot escape from it;
6.) Must be equal in the sense that it applies to all persons
regardless of circumstances;
7.) Must be correctional. (Serve as deterrence to others) or
Exemplary;
GENERAL
PURPOSE OF THE STATE IN PUNISHING CRIMES
-For justice, because the State has an existence of its own
maintain a conscience to assert and moral principles to
vindicate. Penal justice rests primarily on the moral
rightfulness of the punishment imposed.
GENERAL
CONSTITUTIONAL LIMITATIONS ON PENALTIES
1.)Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted;
2.) Death penalty shall not be imposed, unless, for compelling
reasons involving heinous crimes. Congress shall provide
for it.
ART. 21 – WHAT PENALTIES MAY
BE IMPOSED?
§ Only those provided by law prior to the commission of a felony
ART. 22 – RETROACTIVITY OF
PENAL LAWS
§ Except if favorable to the accused who is not a habitual
criminal.
ART. 23 – EFFECT OF PARDON BY
THE OFFENDED PARTY ON THE
PROSECUTION OF THE OFFENDER.
1.) The criminal action in public crimes is not

extinguished.
2.) Regarding private Crimes (Arts. 333 to 343)
Criminal Liability is extinguished.
3.) The civil liability with respect to the interest of
the injured party in any crime, whether public or
private, is extinguished by express waiver.
ART. 24 – MEASURES OF
PREVENTION OR SAFETY ARE NOT
CONSIDERED PENALTIES
§ Detention due to:
a.) Insanity, imbecility, illness requiring confinement
at hospital;
b.) Commitment of a minor in accordance with P.D.
603 as amended;
c.) Suspension from public office during trial or in-
order to institute the action is not a penalty
because it is not imposed in a judicial
proceeding;
ART. 24 – MEASURES OF
PREVENTION OR SAFETY ARE NOT
CONSIDERED PENALTIES
d.) Fines and other corrective measures imposed by superior officers
upon their subordinate in the exercise of administrative or
disciplinary powers.
e.) Deprivation of rights and reparations which the civil law establishes in
penal form.
CHAPTER 2 -
CLASSIFICATION OF
PENALTIES
ART. 25 – CLASSIFICATION OF
PENALTIES UNDER THE R.P.C.
1.) Principal
– that provided by law for a felony and which is imposed by
the court expressly by court expressly upon conviction
2.) Accessory
– that deemed included in the imposition of the principal
penalty.
WHAT PENALTIES MY EITHER BE PRINCIPAL OR ACCESSORY?
1.) Perpetual or temporary absolute disqualification;
2.) Perpetual or temporary special disqualification; and
3.) Suspension
SCALE OF PRINCIPAL PENALTIES:
1.) Capital Punishment – Death
2.) Afflictive Penalties
a.) reclusion perpetua
b.) reclusion temporal
c.) perpetual or temporary absolute
disqualification
d.) perpetual or temporary special disqualification
e.) prision mayor
3.) Correctional Penalties
a.) prision correccional
b.) arresto mayor
c.) suspension
d.) destierro
4.) Light Penalties
a.) arresto menor
b.) public censure
5.) Penalties common to the three preceding classes
a.) fine, and
b.) bond to keep peace
ACCESSORY PENALTIES
1.) perpetual or temporary absolute
disqualification
2.) perpetual or temporary special
disqualification
3.) suspension from public office, the right to
vote and be voted for, the
profession or calling
4.) civil interdiction
5.) indemnification
CHAPTER 3 –
DURATION AND
EFFECTS OF PENALTIES
ART. 26 – WHEN IS FINE AFFLICTIVE,
CORRECTIONAL OR LIGHT?
1.) Afflictive
– more than P6,000.00
2.) Correctional
– not less than P200.00 but not more than
6,000.00
3.) Light
– less than P200.00
ART. 27 – DURATION OF
PENALTIES
§ RECLUSION PERPETUA
– after serving 30 years, the convict may be pardoned;
§ RECLUSION TEMPORAL
– 12 years and 1 day to 20 years;
§ PRISION MAYOR AND TEMPORARY DISQUALIFICATION
– 6 years and 1 day to 12 years;
ART. 27 – DURATION OF
PENALTIES
§ PRISION CORRECTIONAL, DESTIERRO,
SUSPENSION
– 6 months and 1 day to 6 years.
§ ARRESTO MAYOR
– 1 month and 1 day to 6 months;
§ ARRESTO MENOR
– 1 day to 30 days; and
§ BOND TO KEEP THE PEACE
– such period of time as the may require.
ART. 28 – COMPUTATION OF
PENALTIES
-If the offender shall be on prison, the terms of the
duration of the temporary penalties shall be computed from
the day on which the judgment of conviction shall have
become final.
ART. 29 – OFFENDERS ENTITLED TO
A DEDUCTION OF THEIR PREVENTIVE
IMPRISONMENT FROM THE TERM OF
IMPRISONMENT.
-If the detention prisoner agrees voluntarily in writing to abide the

same disciplinary rules imposed on convicted prisoners, except in the
following cases;
ART. 29 – OFFENDERS ENTITLED TO
A DEDUCTION OF THEIR PREVENTIVE
IMPRISONMENT FROM THE TERM OF
IMPRISONMENT.
1.) he/she is a recidivist or convicted twice or more times of any crime;

2.) when summoned for the execution of his/her sentence failed to
surrender voluntarily.
ART. 30 – EFFECTS OF PERPETUAL
OR TEMPORARY ABSOLUTE
DISQUALIFICATION.
1.) Deprivation of any public office or employment of
the offender;
2.) Deprivation of the right to vote in any election or
to be voted upon
3.) Disqualification for any public office and for the
exercise of any rights mentioned; and
4.) Loss of rights to retirement pay or pension.
OR TEMPORARY SPECIAL
DISQUALIFICATION FOR PUBLIC
OFFICE, PROFESSION OR CALLING.
§ Deprivation of the office, employment, profession or calling affected;

§ Disqualification for holding similar offices or employment’s during the
period of disqualification.
OR TEMPORARY SPECIAL
DISQUALIFICATION FOR THE
EXERCISE OF RIGHT SUFFRAGE.
§ Deprivation of the right to vote or be elected to an office.

§ Cannot hold any public office during the period of disqualification.
ART. 33 – EFFECTS OF SUSPENSION
FROM PUBLIC OFFICE, PROFESSION
OR RIGHT OF SUFFRAGE.
1.) Disqualification from holding such office or the

exercise of such profession or right of suffrage
during the term of the sentence;
2.) Cannot another office having similar functions
during the period of suspension.
ART. 34 – EFFECTS OF CIVIL
INTERDICTION
1.) parental authority;
2.) guardianship over the ward
3.) marital authority;
4.) right to manage his property and to dispose of the same by an
act inter vivo.
5.) Civil interdiction is an accessory penalty to the following
principal penalties: a) Art. 40 Reclusion Perpetua b.) Art. 41
Reclusion Temporal.
ART. 35 – BOND TO KEEP
THE PEACE
§ Offender presents two sufficient sureties who shall undertake
that he will not commit the offense sought to be prevented
and in case such offense is committed, the shall pay the
amount determined by the court, or deposit may be made by
the offender to guarantee such undertaking;
ART. 35 – BOND TO KEEP
THE PEACE
§ If the offender cannot give the bond, he may be detained for a
period not exceeding 6 months if prosecuted for grave or less
felony or for a period not to exceed 30 days, for a light felony.
ART. 36 – EFFECTS OF PARDON
BY THE CHIEF EXECUTIVE
1.) An absolute pardon extinguishes the
criminal liability of the offender (Art. 89,
par. 3);
2.) It does exempt the offender from the
payment of the civil indemnity imposed in
the sentenced. (Art. 36);
3.) It does not restore the right to hold public
office or the right of suffrage unless such
rights are expressly restored by the terms
of the pardon.
ART. 36 – EFFECTS OF PARDON
BY THE CHIEF EXECUTIVE
EXEMPTIONS/LIMITATIONS
§ Such power does not extend to cases of impeachment;
§ In election offenses, it can be exercised only upon prior
recommendation of the COMELEC.
ART. 37 – WHAT ARE
INCLUDED IN COSTS?
1.) Fees, indemnities in the course of judicial proceedings;
2.) Such may be fixed amounts already determined by law or
regulations or amounts subject to schedule.
ART. 38 – PECUNIARY
LIABILITIES OF THE OFFENDER
1.) Reparation of the damaged caused;
2.) Indemnification of consequential damages;
3.) Fine; and
4.) Costs of the proceedings.
ART. 39 – RULES GOVERNING
SUBSIDIARY IMPRISONMENT
§ Penalty imposed is prision correccional or arresto and fine –
subsidiary imprisonment (a) not exceed1/3 of the term of the
sentence; and (b) not to continue longer than one (1) year.
Fraction or part of a day is not counted.
ART. 40 – PENALTIES IN WHICH
OTHER ACCESSORY PENALTIES ARE
INHERENT (ART. 40-44)
1.) Reclusion Perpetua & Reclusion Temporal

a.) Civil Interdiction;
b.) Absolute perpetual disqualification unless
expressly remitted in the pardon; (Art.41)
2.) Prision Mayor
a.) Temporary absolute disqualification and
b.) Perpetual special disqualification from right
suffrage unless expressly remitted in the
pardon. (Art. 42)
ART. 40 – PENALTIES IN WHICH
OTHER ACCESSORY PENALTIES ARE
INHERENT (ART. 40-44)
3.) Prision Correccional

a.) Suspension from public office, right to follow a
profession or calling;
b.) Perpetual special disqualification from suffrage if
duration of imprisonment exceeds 18 months unless
expressly remitted in the pardon. (Art. 43)
4.) Arresto
a.) Suspension of the right to hold office and suffrage
during the term of the sentence. (Art. 44)
ART. 45 – CONFISCATION OF
PROCEEDS OR INSTRUMENTS OF
CRIME
1.) The accessory penalty is concluded in every penalty imposed for the
commission of a crime;
2.) Confiscation in favor of the government;
3.) Property of third person not liable for the offense is not subject for
confiscation;
ART. 45 – CONFISCATION OF
PROCEEDS OR INSTRUMENTS OF
CRIME
4.) Property not subject of lawful commerce though it belongs to a third
person shall be destroyed;
5.) If the government (trial court) did not order any confiscation of the
proceeds of the crime, the government cannot appeal as that
would increased the penalty already imposed and the defendant
would be placed in double jeopardy.
CHAPTER 4 -
APPLICATION OF
PENALTIES
ART. 46 – PENALTY OF PRINCIPAL IN
CONSUMATED FELONY
§ The penalty provided by law;

ART. 47 – WHEN DEATH
PENALTY IS NOT IMPOSED
1.) When the guilty person is more than 70 yrs.
of age;
2.) When upon appeal or revision of the case
by the Supreme Court eight (8) justices
are unanimous in the voting as to propriety
of the imposition of the death penalty;
3.) When the offender is a minor under 18 yrs.
of age.
4.) When the offender is a pregnant woman.
ART. 48 – WHAT IS THE PENALTY FOR
COMPLEX CRIME?
1.) The penalty for the most serious offense

2.) Compound Crime
3.) Complex Crime Proper
§ Compound Crime is one where a single act
produces two or more crimes.
§ Complex Crime is one where the offender has to
commit an offense as a necessary means for
the commission of another offense.
COMPLEX CRIME?
§ Composite Crime/special Complex Crime is one, which substance

is made up of more than one crime, but which in the eyes of the
law is only a single indivisible offense. Ex. Robbery with Homicide.
COMPLEX CRIME?
§ Continued Crime is one where the offender performs a series of act

violating one and the same penal provision committed at the same
place and about the same time for the same criminal purpose,
regardless of a series of acts done, it is regarded in a law as one.
ART. 49 – PENALTY TO BE IMPOSED
UPON THE PRINCIPALS WHEN THE
CRIME COMMITTED IS DIFFERENT
FROM THE INTENDED
1.) If the penalty of the felony committed be higher than the penalty for
the offense which the accused intended to commit, the lower
penalty shall be imposed in its maximum period;
FROM THE INTENDED
2.) If the penalty of the felony committed be lower than the penalty for
the offense which the accused intended to commit, the lower
penalty shall be imposed in its maximum period;
FROM THE INTENDED
3.) If the committed also constitutes an attempt or frustration of another

crime, and the law prescribes a higher penalty for either of the
latter, the penalty for the attempted or frustrated crime shall be
imposed in its maximum period.
ART. 50 – PENALTY FOR PRINCIPAL IN FRUSTRATED FELONY
-One (1) degree lower than that prescribed for

consummated felony.
ART. 51 – PENALTY FOR PRINCIPAL IN ATTEMPTED FELONY
-Two (2) degree lower than that prescribed for

consummated felony.
ART. 52 – PENALTY FOR ACCOMPLICE OF A CONSUMMATED FELONY

a consummated felony
ART. 53 – PENALTY FOR ACCESSORY
ART. 53 – PENALTY FOR ACCESSORY OF A CONSUMMATED FELONY
OF-Two (2) degrees lower than

A CONSUMMATED that prescribed
FELONY
for a-Two
consummated
(2) degrees felony
lower than that
ART.prescribed
54 – PENALTY FOR
forACCOMPLICE OF A FRUSTRATED
a consummated FELONY
felony
ART. -One54 (1) degree lower
– PENALTY FORthanACCOMPLICE
that prescribed for
OFa frustrated felony
A FRUSTRATED FELONY
ART. 55 – PENALTY FOR ACCESSORY OF A FRUSTRATED FELONY
-One (1) degree lower than that
-Two (2) degrees
prescribed lower than
for a frustrated that prescribed
felony
for a frustrated felony
ART. 55 – PENALTY FOR ACCESSORY
OF A FRUSTRATED FELONY
-Two (2) degrees lower than that
prescribed for a frustrated felony
ART. 56 – PENALTY FOR ACCOMPLICE OF AN ATTEMPTED FELONY

an attempted felony
ART. 57 – PENALTY FOR ACCESSORY OF AN ATTEMPTED FELONY
-Two (2) degrees lower than that prescribed

for an attempted felony.
ART. 58 – ADDITIONAL PENALTY
UPON ACCESSORIES COVERED BY
PAR. 3 ART. 19, WHO SHOULD ACT
WITH ABUSE OF PUBLIIC FUNCTIONS
1.) If the principal is guilty of a grave felony,

absolute perpetual disqualification;
2.) If the principal is guilty of a grave felony –
absolute temporary disqualification; and
3.) Light felonies are not included because in such
felonies, accessories are not liable.
ART. 59 – PENALTY FOR
IMPOSSIBLE CRIMES
1.) Arresto mayor or a fine from 200 to 500;
2.) In its imposition the court considers the social danger and the
degree of criminality shown by the offender; and
3.) The penalty cannot apply if the act performed would
constitute a light felony
ART. 60 – EXCEPTIONS TO THE
RULES ESTABLISHED IN ARTICLES 50
TO 57
§ When the law expressly prescribes the penalty provided for a
frustrated or attempted felony, or to be imposed upon accomplices or
accessories.
ART. 61 – RULES OF
GRADUATING PENALTIES
1.) When the penalty prescribed for the felony is single and
indivisible, the penalty next lower in degree shall be that
immediately following that indivisible penalty in the
respective graduated scale prescribed in Article 71 of this
code.
2.) When the penalty prescribed for the crime is composed of two
indivisible penalties or of one or more divisible penalties to
be imposed to their full extent, the penalty next lower in
degree shall be that immediately following the lesser of the
penalties prescribed in the respective graduated scale.
3.) When the penalty prescribed for the crime is composed of one
or two indivisible penalties and the maximum period of
another divisible penalty, the penalty next lower in degree
shall be composed of the medium and minimum periods of
the proper divisible penalty and the maximum period of that
immediately following in said respective graduated scale.
4.) When the penalty prescribed for the crime
is composed of several periods,
corresponding to different divisible
penalties, the penalty net lower in degree
shall be composed of the period
immediately following the minimum
prescribed and of the two next following,
which shall be taken from the penalty
prescribed, if possible; otherwise from the
penalty immediately following in the above
mentioned respective graduated scale.
5.) When the law prescribes a penalty for a crime in some
manner not specially provided for in the four preceding
rules, the courts, proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals of
the frustrated felony, or of attempt to commit the same, and
upon accomplices and accessories.
Penalty to be imposed upon:
Penalty Prescribed for The principal in a The principal in an The accessory in a The accessory in an
the Crime frustrated crime and the attempted crime, the frustrated crime, and the attempted crime.
accomplice in a accessory in the accomplices in an
consummated crime. consummated crime, and attempted crime.
the accomplices in a
frustrated crime.
First Case Death Reclusion perpetua Reclusion temporal Prision mayor Prision correccional
2 nd Case Reclusion perpetua to Reclusion temporal Prision mayor Prision correccional Arresto mayor
death
3 rd Case Reclusion temporal in Prision mayor in its Prision correccional in its Arresto mayor in its Fine and arresto mayor
its maximum period to maximum period to maximum to prision maximum to prision in its minimum and
death reclusion temporal in its mayor in it medium correccional in its medium periods
medium period period medium period
4 th Case Prision mayor in its Prision correccional in its Arresto mayor in its Fine and arresto mayor Fine
maximum period to maximum period to prision maximum period to in its minimum and
reclusion temporal in its mayor in its medium prision correccional in its medium periods
medium period medium period
§ ART. 62 – EFFECT OF THE ATTENDANCE OF
MITIGATING OR AGGRAVATING CIRCUMSTANCES
AND OF HABITUAL DELINQUENCY
§ ART. 63 – RULES FOR APPLICATION OF INDIVISIBLE

PENALTIES (Pls. refer to Textbook)
§ ART. 64 – RULES FOR THE APPLICATION OF

PENALTIES WHICH CONTAIN THREE PERIODS
§ ART. 65 – RULE IN CASES IN WHICH THE PENALTY
IS NOT COMPOSED OF THREE PERIODS (Note: the
rules in the proceeding article shall govern)
§ ART. 66 – IMPOSITION OF FINES

-The courts may fix any amount within the limits
established by law.
§ ART. 67 – PENALTY TO BE IMPOSEDWHEN NOT ALL

THE REQUISITES OF EXEMPTION OF THE FOURTH
(4th) CIRCUMSTANCES OF ART. 12 ARE PRESENT:
(Pls. see Textbook)
§ ART. 68 – PENALTY TO BE IMPOSED UPON A
PERSON UNDER EIGHTHEEN (18) YRS. OF AGE
(Pls. refer to P.D. 603 as Amended)
§ ART. 69 – PENALTY TO BE IMPOSED WHEN THE

CRIME COMMITTED IS NOT WHOPLLY EXCUSABLE
§ (Note: Unlawful aggression is indispensable in self-

defense, defense of relatives and defense of
stranger)
§ ART. 70 – SUCCESSIVE SERVICE OF SENTENCES
(Note: In no case shall a convicted be required to
serve more than forty-(40) yrs. in jail) See also the
three-fold rule.
§ ART. 71 – GRADUATED SCALES (Pls. refer to the

text
§ ART. 72 – PREFERENCE IN THE PAYMENT OF THE

CIVIL LIABILITES
(First come first serve basis, beginning with the
dates in order of time) of conviction)
§ ART. 73 – PRESUMPTION IN REGARD TO THE
IMPOSITION OF ACCESSORY PENALTIES
(The are considered or must be understood that
the accessory penalties are also imposed upon the
convict)
§ ART. 74 – PENALTY HIGHER THAN RECLUSION

PERPETUA IN CERTAIN CASES
(Note: The penalty higher than reclusion perpetua
cannot be death, because the penalty of death
must be specifically imposed by law as a penalty
for a given crime)
§ ART. 75 – INCREASING OR REDUCING THE PENALTY OF FINE BY ONE
OR MORE DEGREES
§ ART. 76 – LEGAL PERIOD OF DURATION OF DIVISIBLE PENALTIES

(Must consist of three (3) periods – Minimum, Medium, and Maximum)
ART. 77 – WHEN PENALTY IS A
COMPLEX ONE COMPOSED OF THE
THREE DISTINCT PENALTIES
§ A complex penalty is one prescribed by law composed of three (3)

distinct penalties, each forming a period; the lightest of them shall be
the minimum, the next the medium, and the more severe the
maximum period.
ART. 77 – WHEN PENALTY IS A
COMPLEX ONE COMPOSED OF THE
THREE DISTINCT PENALTIES
§ Ex. ART. 1114, par. 3, provides a penalty of

Prision Mayor to death. The penalty is composed
of four distinct penalties, namely Prision Mayor,
Reclusion temporal, Reclusion Perpetua and
Death. The maximum period must be death, it
being indivisible; the medium period must be
composed of prision mayor and reclusion
temporal.
CHAPTER 5 -
EXECUTION AND
SERVICE OF PENALTIES
ART. 78 – WHEN AND HOW
PENALTY IS TO BE EXECUTED
1.) No penalty shall be executed except by virtue of a final
judgment;
2.) A penalty shall not be executed in any other form than that
prescribed by law, nor with any other circumstances or
incidents than those expressly authorized thereby;
3.) Only penalty by final judgment can be executed.
ART. 79 – SUSPENSION OF THE
EXECUTION AND SERVICE OF THE
PENALTIES IN CASE OF INSANITY
1.) When a convict becomes insane or imbecile

after final sentence has been pronounce, the
execution of said sentence is suspended only as
regards the personal penalty;
2.) If he recovers his reason, his sentence shall be
executed, unless the penalty has prescribed;
EXECUTION AND SERVICE OF THE
PENALTIES IN CASE OF INSANITY
3.) Even if while above provisions shall be observe; and

4.) But the payment of his civil or pecuniary liabilities shall not be
suspended.
§ ART. 80 (This is already amended by P.D 603)
§ ART. 81 – WHEN AND HOW THE DEATH PENALTY IS TO BE

EXECUTED
- A convict sentenced to death may make a will.
EXECUTION OF THE DEATH
SENTENCE
1.) Woman within three years following the date of
the sentence;
2.) Woman, while pregnant
3.) Person over 70 years of age;
4.) Convict who becomes insane after final
sentenced of death has been pronounced. (See
Art. 79) But when he recovers his reason and
before the penalty has prescribed, he may be
put to death.
ART. 84 – PLACE OF EXECUTION AND
PERSONS WHO MAY WITNESS THE
SAME
§ It should be at Bilibid or Penitentiary closed to the public view and
shall be witnessed only by the parties assisting the offender like the
priest, his lawyers and his relatives not exceeding six and by such
other persons as the Director of Prisons may authorize.
§ ART. 85 – PROVISIONS RELATIVE TO THE CORPSE
OF THE PERSON EXECUTED AND IT’S BURIAL
-The burial of the body of the person sentenced to
death should not be held with pomp
§ ART. 86 – RECLUSION PERPETUA, RECLUSION

TEMPORAL, PRISION MAYOR CORRECCIONAL AND
ARRESTO MAYOR.
-These penalties shall be served in the places and
penal establishment provided by law in the future
ART. 87 – DISTIERRO – Not allowed
staying in a place where the court not
allowed you to stay
– not more than 250 kilometers and not less than 25 kilometers.
ART. 87 – DISTIERRO – Not allowed
staying in a place where the court not
allowed you to stay
The penalty is imposed when:
1.) When death or physical injuries is caused or are
inflicted under exceptional circumstances (Art.
247)
2.) When a person falls to give bond for good
behavior (Art. 284);
3.) As a penalty for the concubine in the crime of
concubinage (Art. 334)
4.) When after lowering the penalty degrees,
destierro is the proper penalty.
ART. 88 – ARRESTO MENOR
1.) This article provides that the penalty of arresto menor

may be served in the house of the defendant.
2.) The grounds are the health of the offender and other
reasons satisfactory to the court.
TITLE FOUR
TOTAL EXTINCTION OF CRIMINAL
LIABILITY
CHAPTER 1 – TOTAL EXTINCTION OF
CRIMINAL LIABILITY
ART. 89 – HOW CRIMINAL LIABILITY
IS TOTALLY EXTINGUISHED?
1.) by the death of the convict, as to the personal

penalties; and as to the pecuniary penalties,
liability therefore is extinguished only when the
death of the offender occurs before final
judgment;
2.) by service of the sentence;
3.) by amnesty, which completely extinguishes the
penalty and all its effects;
ART. 89 – HOW CRIMINAL LIABILITY
IS TOTALLY EXTINGUISHED?
4.) by absolute pardon;

5.) by prescription of the crime;
6.) by prescription of the penalty
7.) by the marriage of the offended woman, as provided in Art. 344. RPC
ART. 90 – PRESCRIPTION OF
CRIMES
1.) Death, reclusion perpetua or temporal – 20 years
2.) Afflictive penalties – 15 years
3.) Correctional penalty (except arrestor mayor) – 5 years
4.) Crime of libel – 1 year
5.) Oral defamation and slander by deed – 6 months
6.) Light offenses – 2 months
PRESCRIPTION OF OFFENSES
1.) The period of prescription commences to run from the day on
which the crime is discovered by the offended party, the
authorities or their agents;
2.) It is interrupted by the filing of the complaint or information;
PRESCRIPTION OF OFFENSES
3.) It commences to run again when such proceedings terminate
without the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to him;
and
4.) The term of prescription shall not run when the offender is
absent from the Philippines.
ART. 92 – WHEN AND HOW
PENALTIES PRESCRIBED
1.) Death and reclusion perpetua prescribed in twenty (20) years;
2.) Other afflictive penalties, in fifteen years;
3.) Correcional penalties, in ten years, with the exemption of the
penalty of arresto mayor, which prescribes in five years; and
4.) Light penalties, in one year
ART. 93 – COMPUTATION OF THE
PRESCRIPTION OF PENALTIES
ELEMENTS:
1.) That the penalty is imposed by final sentenced;
2.) That the convict evaded the service of the sentence by escaping
during the term of his sentence;
3.) That the convict who escaped from prison has not given himself up,
or been captured or gone to a foreign country which we have no
extradition treaty, or committed another crime;
4.) That the penalty has prescribed, because of the lapse of time from
the date of the evasion of the service of the sentence by the
convict.
Note: The period of prescription of penalties commences to run from the
date when culprit evaded the service of his sentence.
CHAPTER 2 - PARTIAL
EXTINCTION OF
CRIMINAL LIABILITY
ART. 94 – PARTIAL EXTINCTION
OF CRIMINAL LIABILITY
1.) By conditional pardon;
2.) By commutation of the service of the service of sentence;
3.) For good conduct allowance which the culprit may earn while
he is serving his sentence.
ART. 95 – OBLIGATION INCURRED BY
A PERSON GRANTED CONDITIONAL
PARDON
1.) He must comply strictly with the conditions imposed in

the pardon;
2.) Failure to comply with the conditions shall result in the
revocation of the pardon, and which results to the order
of his arrest and reincarceration;
3.) He becomes liable under Art. 159. This is the judicial
remedy.
(ART. 159 – Other cases of evasion of service of
sentence).
ART. 96 – EFFECT OF
COMMUTATION OF SENTENCE
§ The commutation of the original sentence for another of a
different length and nature shall have the legal effect of
substituting the latter in the place of the former.
ART. 97 – ALLOWANCE FOR
GOOD CONDUCT
1.) During the first two years of his imprisonment, he shall be
allowed a deduction of five days for each month of good
behavior;
2.) During the third to fifth year, inclusive of his imprisonment, he
shall be allowed a deduction of eight days for each month
of good behavior;
ART. 97 – ALLOWANCE FOR
GOOD CONDUCT
3.) During the following years until tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten (10)
days for each month of good behavior; and
4.) During the eleventh (11) successive years of his
imprisonment, he shall be allowed a deduction of fifteen
days for each month of good behavior.
ART. 98 – SPECIAL TIME
ALLOWANCE FOR LOYALTY
§ It is deduction of 1/5 of the period of the sentence of a
prisoner, who having evaded the service of his sentence
during the calamity or catastrophe mentioned in Art. 158,
gives himself up to the authorities within 48 hours following
the issuance of the proclamation by the President announcing
the passing away of the calamity of catastrophe.
ART. 99 – WHO GRANTS TIME
ALLOWANCE
§ The allowance for good behavior is not an automatic right. It
must be granted by the Director of Prisons, and once granted
cannot be revoked, and is exclusively vested in the Director of
Prisons.
TITLE FIVE
CIVIL LIABILITY
CHAPTER 1 – PERSONS CIVILLY
LIABLE FOR FELONIES
ART. 100 – CIVIL LIABILITY OF A
PERSON GUILTY OF A FELONY
§ Generally, every person criminally liable for a felony is also
civilly liable.
ART. 101 – RULES REGARDING CIVIL
LIABILITY IN CERTAIN CASES
EXCEPTIONS:
§ There is no civil liability in par. 4 of Art. 12 which provides for injury
caused by mere accident;
§ There is no civil liability in par. 7 of Art. Which provided for failure to
perform an act required by law when so prevented by some lawful or
insuperable cause.
ART.102 – SUBSIDIARY CIVL
LIABILITY OF INKEEPERS, TAVERN-
KEEPERS, AND PROPRIETORS OF
ESTABLISHMENT
ART.102
ELEMENTS UNDER PAR. 1:

1.) That the innkeeper, tavern-keeper or
proprietor of establishment or his employee
committed a violation of municipal
ordinance or some general or special police
regulation;
2.) That a crime is committed in such inn,
tavern or establishment;
3.) That the person criminally liable is
insolvent.
ART.102
ELEMENTS UNDER PAR. 2:
1.) The guest notified in advance the innkeeper or the
person representing him of the deposit of their
good within the inner house;
2.) The guest followed the directions of the innkeeper
or his representative with respect to the care of
and vigilance over such goods;
3.) Such goods of the guest lodging therein were
taken by robbery with force upon things or theft
committed within the inn or house.
When all the above-elements are present the

innkeeper is subsidiary liable.
ART. 103 – SUBSIDIARY CIVIL
LIABILITY OF CLEAR PERSONS
ELEMENTS:
1.) The employer, teacher, person or corporation is
engaged in any kind of industry;
2.) Any of their servants, pupils, workmen,
apprentices or employees commits a felony while
in the discharge of his duties;
3.) The said employee is insolvent and has not
satisfied his civil liability.
In this case, when all these elements are present, the

employer or teacher is subsidiarily liable.
CHAPTER 2 - WHAT
CIVIL LIABILITY
INCLUDES
ART. 104 – WHAT IS INCLUDED
IN CIVIL LIABILITY?
1.) Restitution;
2.) Reparation of the damaged caused; and
3.) Indemnification for consequential damages.
ART. 104 – WHAT IS INCLUDED
IN CIVIL LIABILITY?
Examples:
1.) Restitution – in theft, the culprit is duty and
return the property stolen;
2.) Reparation – in case of inability to return
the property stolen, the culprit must pay
the value of the property stolen; on case of
physical injuries, the reparation of the
damaged caused would consist in the
payment of hospital bills and doctor’s fees
to the offended party; and
3.) Indemnification for consequential damages
– the loss of his salary or earning capacity.
§ ART 105 – RESTITUTION
§ ART. 106 – REPARATION
§ ART. 107 INDEMNEFICATION – WHAT IS INCLUDED)

Indemnification for consequential damages shall include not only those
caused the injured party, but also those suffered by his family or by a
third person by reason of the crime.
ART. 108 – OBLIGATION TO MAKE
RESTORATION, REPARATION FOR
DAMAGES, OR INDEMNIFICATION
FOR CONSEQUENTIAL DAMAGES
& ACTION TO DEMAND THE SAME
ART. 108
1.) The heir of the person liable has no

obligation if restoration is not possible and
the deceased left no property.
2.) Civil liability is possible only when the

offender dies after final judgment.
ART. 109 – SHARE OF EACH
PERSON CIVILY LIABLE
§ If there are two more persons civilly liable for a felony, the
Courts shall determine the amount for which each must
respond.
ART. 110
SEVERAL AND SUBSIDIARY
LIABILITY OF PRINCIPALS,
ACCOMPLICES AND ACCESSORIES
OF FELONY, PREFERENCE IN
PAYMENT.
ART. 110
1.) Each within their respective class, shall be liable severally (in
solidum) among themselves for their quotas, and
subsidiarily for those of the other persons liable.
2.) The subsidiary liability shall be enforced, first against the
property of principals; next against that of the accessories.
ART. 110
3.) Whenever the liability in solidum or the subsidiary liability has

been enforced, the person by whom payment has been
made shall have the right of action against the others for
the amount of their respective shares.
ART. 111 – OBLIGATION TO MAKE
RESTITUTION IN A CERTAIN CASE
1.) Any person who has participated gratuitously in

the proceeds of a felony shall be found to make
restitution in an amount equivalent to the
extent of such participation.
2.) The person who participated gratuitously in the
proceeds of a felony referred to in this article is
not criminally liable;
3.) The person participated gratuitously must not be
an accessory. (or violate of the Provisions of P.D
1612 – Anti Fencing Law of 1979)
CHAPTER 3-
EXTINCTION AND
SURVIVAL OF CIVIL
LIABILITY
ART. 112 – EXTINCTION OF
CIVIL LIABILITY
CIVIL LIABILITY IS EXTINGUISHED IN THE
FOLLOWING:
1.) By payment or performance;
2.) By loss of the thing due
3.) By the condonation or remission of the
debt;
4.) By the confusion or merger of the rights of
creditor and debtor;
5.) By compensation;
ART. 113 – OBLIGATION TO
SATISFY CIVIL LIABILITY
§ Except in case of extinction of his civil
liability as provided in the next proceeding
article, the offender shall continue to be
obliged to satisfy the civil liability resulting
from the crime committed by him,
notwithstanding the fact he has served his
sentence consisting of deprivation of liberty
or other rights, or has not been required to
serve the same by reason of amnesty,
pardon, commutation of sentence, or any
other reason.:
ART. 113 – OBLIGATION TO
SATISFY CIVIL LIABILITY
1.) While amnesty wipes out all traces and vestiges of the crime it
does not extinguish the civil liability of the offender.
2.) A pardon shall in no case exempt the culprit from the payment
of the civil indemnity imposed upon him by the sentence.
(Art. 36. 36, par. 2)

Criminal Law 1 Atty Gayatao

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Criminal Law 1 Atty Gayatao

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CRIMINAL LAW 1

BY: ATTY. JUVI H. GAYATAO

Adultery and concubinage are crimes during those days.

When the Spanish Colonizers came, Royal Decree of 1870

§ A Filipino, Rafael Del Pan, made the so called correctional

5.) CRIMINAL LAW

2.) Positive/Realistic Theory

3.) Eclectic/Mixed Theory

1.) To reform (reformation);

2.) Acts of the Philippine Legislature, National Assembly,

§ A penal law is liberally constructed in favor of the offender.

2.) Penalties including liability

3.) Specific Felonies and their Penalties (Arts. 114-366)

3.) IRRETROSPECTIVITY OR PROSPECTIVITY

-Penal laws shall not be given retroactive effect.

ELEMENTS OF DOLO ELEMENTS OF CULPA

Hence the mere commission of that act is what constitutes the

1.) Committing a felony (delito) although the wrongful act done be

§ Aberratio Ictus (Mistake in Blow)

§ Praeter Intentionem (The act exceeds the Intent)

2.) In case of excessive penalty.

1.) Consummated Felony, A Felony is consummated when all the

2.) Frustrated Felony, A felony is frustrated when the offender

3.) Attempted Felony, There is an attempt when the offender

2.) Conspiracy and Proposal to commit felony as a manner of incurring

§ Conspiracy exists when two or more persons come to an agreement

1.) there are two or more persons;

§ Proposal, There is a proposal when the person who has decided to

1.) a person has decided to commit a felony; and

Not Punishable Except:

1.) Grave felonies

2.) Less Grave Felonies

JUSTIFYING CIRCUMSTANCES AND

6.) Obedience to superior order for a lawful purpose.

acted w/out discernment

exempt both crim

The confession of guilt must be made prior to the

Habitual Delinquency (Art. 62)

§ ALTERNATIVE – (Art. 15) those which are either aggravating or

§ Intoxication. It is mitigating when the offender has committed

§ Relationship. Considered as generic aggravating

§ Degree of instruction or education of the offender.

but liable under

1.) The criminal action in public crimes is not

-If the detention prisoner agrees voluntarily in writing to abide the

1.) he/she is a recidivist or convicted twice or more times of any crime;

§ Deprivation of the office, employment, profession or calling affected;

§ Deprivation of the right to vote or be elected to an office.

1.) Disqualification from holding such office or the

1.) Reclusion Perpetua & Reclusion Temporal

3.) Prision Correccional

§ The penalty provided by law;

1.) The penalty for the most serious offense

§ Composite Crime/special Complex Crime is one, which substance

§ Continued Crime is one where the offender performs a series of act

3.) If the committed also constitutes an attempt or frustration of another

-One (1) degree lower than that prescribed for

-Two (2) degree lower than that prescribed for

-One (1) degree lower than that prescribed for

OF-Two (2) degrees lower than

-One (1) degree lower than that prescribed for

-Two (2) degrees lower than that prescribed

1.) If the principal is guilty of a grave felony,