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A. General Principles
Criminal Law – a branch or division of law which defines
crimes, 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.
Crime – an act committed or omitted in violation a
public law forbidding it or commanding it.
Legal Basis of Punishment:
The power to punish violators of criminal law comes
within the police power of the state. It is the injury
inflicted to the public which a criminal action seeks to
redress, and not the injury to the individual.
1. Mala In Se and Mala Prohibita
Mala In Se - [Violations of the RPC] acts or omissions
that are inherently criminal. (e.g.: theft, rape,
homicide, etc.)
Mala Prohibita - [Violations of Special Laws] acts made
criminal because there is a law prohibiting it. (e.g.
illegal possession of firearms)
Mala in se Mala prohibita
Inherently wrong or Only wrong because they
immoral are prohibited by law
Good faith or lack of Good faith is not a
criminal intent is a defense
defense
Modifying circumstances Generally not taken into
can be appreciated account unless the special
law that punishes them
adopts the technical
nomenclature of the
penalties of the RPC
Punishable under RPC Punishable under Special
Penal Laws
Note: NOT ALL VIOLATIONS OF SPECIAL LAWS are mala
prohibita. While intentional felonies are always mala in
se, it does not follow that prohibited acts done in
violation of special laws are always mala prohibita. Even
if the crime is punished under a special law, if the act
punished is one which is inherently wrong, the same is
malum in se, and, therefore, good faith and the lack of
criminal intent is a valid defense; unless it is the
product of criminal negligence or culpa.
Pro Reo Doctrine
– In dubio pro reo means ‘’when in doubt, for the
accused’’. Whenever there are two interpretations -
one lenient and one strict to the offender, that which is
lenient or favorable to the offender will be adopted.
Sources of Philippine Criminal Law:
1) Revised Penal Code (Act No. 3815)
2) Special Penal Laws
3) Penal Presidential Decrees (Martial Law Era)
Note: Court decisions are not sources of criminal law,
because they merely explain the meaning of, and
apply, the law as enacted by the legislative branch of
the government.
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Limitations on the power of Congress to enact penal
laws
1. Must be general in application.
2. Must not partake of the nature of an ex post facto
law.
3. Must not partake of the nature of a bill of attainder.
4. Must not impose cruel and unusual punishment or
excessive fines.
Ex Post Facto Law
An act which when committed was not a crime, cannot
be made so by statute without violating the
constitutional inhibition as to ex post facto laws.
Ex post facto law is one which:
1) Makes criminal an act done before the passage of the
law and which was innocent when done, and punishes
such an act.
2) Aggravates a crime, or makes it greater than it was,
when committed.
3) Changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed.
4) Alters the legal rules of evidence, and authorizes
conviction upon less or different testimony than the law
required at the time of the commission of the offense.
5) Assumes to regulate civil rights and remedies only, in
effect imposes penalty or deprivation of a right for
something which when done was lawful.
6) Deprives a person accused of a crime some lawful
protection to which he has become entitled, such as the
protection of a former conviction or acquittal, or a
proclamation of amnesty.
Bill of Attainder – A legislative act which inflicts
punishment without trial.
No one shall be held to answer for a criminal offense
without due process of law.
Art. 1 Time when Act takes effect - This Code shall
take effect on Jan. 1, 1932.
Theories in Criminal Law: (PUCE)
1) Positivist Theory - Reformation; Prevention
/correction. Basis of criminal liability: The sum of
the social, natural and economic phenomena to
which the actor is exposed.
2) Utilitarian Theory - Protection of society from
actual or potential wrongdoers.
3) Classical Theory - Basis of criminal liability is
Human free will and the purpose of the penalty is
Retribution (punishment as vengeance for a criminal
act). Endeavored to establish a mechanical and
direct proportion between crime and penalty; there
is scant regard to human element.
4) Eclectic/Mixed - 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.
Note: The Revised Penal Code today follows the mixed
or eclectic philosophy. For example: a) Intoxication of
the offender is considered to mitigate his criminal
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liability, unless it is intentional or habitual; b) Age of
the offender is considered; c) A woman who killed her
child to conceal her dishonor has in her favor a
mitigating circumstance.
2. Scope and Characteristics
Art. 2. Application of 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 preceding
number;
4. While being public officers or employees, should
commit an offense in the exercise of their
functions; or
Should commit any crimes against the national
security and the law of nations, defined in Title One
of Book Two of this Code.
Characteristics of Criminal Law:
1) GENERALITY (WHO?)
GR: The penal law is binding on all persons who live and
sojourn in Philippine Territory. (Art. 14 CCP)
Exceptions:
a) Principles of International Law
 Consular officers are immune from criminal
prosecution of acts performed in the exercise
of function. Immunity does not cover slander
or reckless imprudence resulting to homicide
for not being function-related.
 Diplomatic agents are VESTED with blanket
diplomatic immunity from civil and criminal
suits.
b) Laws of Preferential Application
Bigamy is not obligatory to Muslims married in
accordance with the Muslim Laws becase of P.D.
1083 (The Code of Muslim Personal Laws).
c) Case Law – Presidential immunity will assure the
exercise of presedential duties and functions free
from any hindrance or distraction, considering
that the Chief Executive is a job that demands
undivided attention.
2) TERRITORIALITY (WHERE?)
GR: Criminal Laws undertake to punish crimes
committed within Philippine Territory. Penal Laws are
enforceable only within its territory.
L: It cannot penalize crimes outside its territories. Thus,
the territory only includes its Terrestrial (land), Fluvial
(maritime and interior waters) as well as its Aerial
(atmosphere) jurisdiction. (Art. 2 1987 PC)
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Ex: Extraterritorial Crimes committed outside of the
Philippine Territory. (Art. 2 RPC)
The Archipelagic Rule
All bodies of water comprising the maritime zone and
interior waters abounding different islands comprising
the Philippine Archipelago are part of the Philippine
territory regardless of their breadth, depth, width or
dimension.
On the fluvial jurisdiction there is presently a
departure from the accepted International Law Rule,
because the Philippines adopted the Archipelagic Rule.
In the International Law Rule, when a strait within a
country has a width of more than 6 miles, the center
lane in excess of the 3 miles on both sides is considered
international waters
Par.1 - Crimes committed aboard Philippine ship or
airship (registration of the vessels not nationality of the
owner). The RPC is applied to Philippine vessels while
the trip is treading:
a) Philippine waters (intra-territorial)
b) High seas (extra-territorial)
Jurisdictional Rules aboard merchant vessels in
territorial waters of other countries (foreign vessels in
Philippine seas or Philippine vessels in foreign seas):
 French Rule
General Rule: Crimes committed aboard a foreign
vessel within the territorial waters of a country are
NOT triable in the courts of such country.
Exception: commission affects the peace and
security of the territory, or the safety of the state is
endangered.
 English Rule
General Rule: Crimes committed aboard a foreign
vessel within the territorial waters of a country are
triable in the courts of such country. Exception:
When the crime merely affects things within the
vessel or it refers to the internal management
thereof. *This is applicable in the Philippines.
Requirements of “an offense committed while on a
Philippine Ship or Airship”
1. Registered with the Philippine Bureau of Customs
2. Ship must be in the high seas or the airship must be
in international airspace.
Note: Under international law rule, a vessel which is
not registered in accordance with the laws of any
country is considered a pirate vessel and piracy is a
crime against humanity in general, such that wherever
the pirates may go, they can be prosecuted.
International Theories on Aerial Jurisdiction:
a) Free Zone Theory – atmosphere over the country is
free, except for the protection of national security
and public order.
b) Relative Theory – exercises jurisdiction only up to
the extent it can control.
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c) Absolute Theory – Philippine Criminal Law will
govern the crimes committed within its territory.
(Adopted by the Philippines)
Par. 2 – Forging/Counterfeiting Coins or Currency Notes,
Obligations and Securities of the Philippines even if
committed abroad.
Par. 3 – Introduction into the Philippines the above –
mentioned obligations and securities.
Par. 4 – When public officers or employees commit an
offense in the exercise of their functions even in foreign
countries. The crimes which may be committed are:
a) Direct bribery (A.210)
b) Qualified Bribery (A. 211-A)
c) Indirect bribery (A.211)
d) Corruption (A.212)
e) Frauds against the public treasury (A.213)
f) Possession of prohibited interest (A.216)
g) Malversation of public funds or property (A. 217)
h) Failure to render accounts (A.218)
i) Illegal use of public funds or property (A.220)
j) Failure to make delivery of public funds or property
(A.221)
k) Falsification by a public officer or employee
committed with abuse of his official position (A.171)
l) Those with the discharge of their duties in a foreign
country.
Par. 5 – Crimes against national security and the law of
nations (Title1 B2 RPC).
The underlying reasons behind the extra-territoriality
rules are as follows:
(1) Under the flag-state rule, a vessel registered in
the Philippines is considered an extension of
the Philippines;
(2) The protective interest principle involving
forgery and crimes against national security
seeks to protect the financial stability and
existence of the State;
(3) The extra-territoriality principle involving
function-related crime committed by a public
officer is designed to implement the
constitutional mandate of public
accountability; and
(4) The universality principle involving piracy and
mutiny protects vessels while travelling on high
seas, which is important in world trade and
commerce.
Crimes against national security:
a) Treason (A.114)
b) Conspiracy and proposal to commit treason (A.115)
c) Misprision of treason (A.116)
d) Espionage (A.117)
Crimes against the law of nations:
a) Inciting to war or giving motives for reprisals (A.118)
b) Violation of neutrality (A.119)
c) Correspondence with hostile country (A.120)
d) Flight to enemy‘s country (A.121)
e) Piracy in general and mutiny on the high seas or in
Philippine waters
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Note: Crimes against public order (e.g., rebellion,
coup d’état, sedition) committed abroad is under the
jurisdiction of the host country. Terrorism is now
classified as a crime against national security and the
law of nations. (See R.A. 9372, otherwise known as
Human Security Act of 2007).
3) PROSPECTIVITY (WHEN?)
GR: A penal law cannot make an act punishable if it
was not yet punishable during the time of commission
of the crime. (No Ex post facto Law).
Exceptions of the prospectivity rule:
a. Favorable law and non-habitual delinquency
Penal laws shall have retroactive effect insofar as
they favor the person guilty of a felony, who is not a
habitual delinquent.
HABITUAL DELINQUENT - A person who, within a
period of ten years from the date of his release
or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa,
or falsification, is found guilty of any said crimes
a third time or oftener.
b. Decriminalization
If a law repeals a previous law and decriminalizes
the act punished by the latter, the court loses
jurisdiction to punish persons charged with the
decriminalized act.
c. Express provision
Congress in passing a law can insert a provision on
retroactivity subject to the Constitutional
prohibition on ex post facto law. If the law
expressly provides retroactivity, the court must give
retroactive, the court must give retroactive effect
to this law even if the accused is a habitual
delinquent.
Effects of repeal of penal laws:
1) If the repeal makes the penalty lighter in the new
law, the new law shall be applied, except when the
offender is a habitual delinquent or when it is not
made applicable to pending action or existing causes
of action.
2) If the new law imposes a heavier penalty, the
previous penalty at the time of commission of the
crime shall be applied.
3)If the new law totally repeals the existing law so
that the act which was penalized under the old law is
no longer punishable, the crime is obliterated.
4) Applies to judicial decisions, administrative rulings,
and circulars.
B. Felonies
1. Criminal Liabilities and Felonies
Art. 3. Definition — Acts and omissions punishable by
law are felonies (delitos). Felonies are committed not
only by means of deceit (dolo) but also by means of
fault (culpa).
There is deceit when the act is performed with
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deliberate intent and there is fault when the wrongful
act results from imprudence, negligence, lack of
foresight, or lack of skill.
Offense - crime punished under a special law is called a
statutory offense.
Misdemeanor – a minor infraction of the law such as a
violation of an ordinance.
Act – any external bodily movement with the direct
intention of committing felony.
Felony - refers only to violations of the Revised Penal
Code.
Elements of felonies:
1) There must be an act or omission
2) The act or omission must be punishable by law
3) The act is performed or omission incurred by means
of dolo or culpa
Omission - failure to perform a duty required by law.
Punishable omissions in the RPC:
1) Art. 116: Misprision of treason.
2) Art. 137: Disloyalty of public officers or
employees.
3) Art. 208: Negligence and tolerance in prosecution of
offenses.
4) Art. 223: Conniving with or consenting to evasion.
5) Art. 275: Abandonment of person in danger and
abandonment of one‘s own victim.
6) Art. 276: Abandoning a minor.
Nullum crimen nulla poena sine lege – There is no
crime when there is no law punishing it.
A. Classification of Felonies:
1. Intentional Felony is a malicious act with
deliberate intent to cause injury.
Requisites of Dolo (with malice):
1. He must have FREEDOM while doing an act or
omitting to do an act.
2. He must have INTELLIGENCE while doing / omitting
an act.
3. He must have INTENT while doing / omitting the
act:
a) Intent which is a mental process presupposes
the exercise of freedom and the use of
intelligence.
b) If an act is proven to be unlawful, then intent
will be presumed prima facie (first
encounter).
c) An honest mistake of fact destroys the
presumption of criminal intent which arises
from the commission of a felonious act.
Criminal intent – is a voluntary mental state shown by
the overt (done openly) unlawful acts of a person.
General vs. Specific Intent:
In some particular felonies, proof of specific intent is
required. In certain crimes against property, there
must be intent to gain (Art. 293 – robbery, Art 308 –
theft). Intent to kill is essential in attempted and
frustrated homicide (Art 6 in relation to Art 249), as
well as in murder. In forcible abduction (Art. 342),
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specific intent of lewd designs must be proved.
General criminal intent is presumed from the mere
doing of a wrong act. This does not require proof. The
burden is upon the wrong doer to prove that he acted
without such criminal intent.
Specific criminal intent is not presumed because it is
an ingredient or element of a crime, like intent to
kill in the crimes of attempted or frustrated
homicide/ parricide/ murder. The prosecution has the
burden of proving the same.
Distinction between intent and discernment
Intent is the determination to do a certain thing, an
aim or purpose of the mind. It is the design to resolve
or determination by which a person acts.
On the other hand, discernment is the mental capacity
to tell right from wrong. It relates to the moral
significance that a person ascribes to his act and
relates to the intelligence as an element of dolo,
distinct from intent.
Distinction between intent and motive
Intent is demonstrated by the use of a particular means
to bring about a desired result – it is not a state of
mind or a reason for committing a crime.
On the other hand, motive implies motion. It is the
moving power which impels one to do an act. When
there is motive in the commission of a crime, it always
comes before the intent. But a crime may be
committed without motive.
Mens Rea - the intention or knowledge of wrongdoing
that constitutes part of a crime, as opposed to the
action or conduct of the accused.
Actus me invito factus non est meus actus – an act
done by me against my will is not my act.
Actus non facit reum nisi mens sit rea – the act itself
does not make a man guilty unless his intentions were
so.2. Culpable Felony is an unintentional act without
malice that causes injury which is a result of
imprudence, negligence, lack of foresight, and lack of
skill.
a. IMPRUDENCE - deficiency of action; e.g. A was
driving a truck along a road. He hit B because it
was raining - reckless imprudence.
b. NEGLIGENCE - deficiency of perception; failure to
foresee impending danger, usually involves lack of
foresight
Requisites of Culpa (without malice):
1) He must have FREEDOM while doing / omitting to do
an act.
2) He must have INTELLIGENCE while doing the act /
omitting to do act.
3) He is IMPRUDENT, NEGLIGENT, or LACKS FORESIGHT
or SKILL while doing the act / omitting to do an act.
Negligence usually involve lack of foresight; imprudence
usually involves lack of skill.
Mistake of fact (ignorantia legis non excusat) -
misapprehension of fact on the part of the person who
caused injury to another. Anyone will not be held
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criminally liable, if there is no criminal intent.
Requisites of Mistake of Fact as a defense:
1) That the act done is the same as the accused
believed them to be.
2) The intention in performing the act should be
lawful.
3) There be no fault or carelessness on the part of the
accused.
Note: Mistake of fact would be relevant only when the
felony would have been intentional or through dolo,
but not when the felony is a result of culpa. When the
felony is a product of culpa, do not discuss mistake of
fact
Art. 4. Criminal liability. — Criminal liability shall be
incurred:
1. By any person committing a felony (delito)
although the wrongful act done be different from
that which he intended.
2. By any person performing an act which would be
an offense against persons or property, were it not
for the inherent impossibility of its accomplishment
or an account of the employment of inadequate or
ineffectual means.
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”.
In the first paragraph, two elements must be
present:
1. A felony committed; and
2. The felony committed resulted in the commission of
another felony.
The requirement however, must be, that the resulting
other felony or felonies must be direct, material and
logical consequence of the felony committed even if the
same is not intended or entirely different from what
was in the mind of the offender.
Note: Article 4, paragraph 1 presupposes that the act
done is the proximate cause of the resulting felony. It
must be the direct, natural, and logical consequence of
the felonious act.
DOCTRINE OF PROXIMATE CAUSE – such adequate and
efficient cause as, in the natural order of events, and
under the particular circumstances surrounding the
case, which would necessarily produce the event.
Requisites:
a. the direct, natural, and logical cause
b. produces the injury or damage
c. unbroken by any sufficient intervening cause
d. without which the result would not have occurred
Proximate Cause is negated by:
a. Active force, distinct act, or fact absolutely foreign
from the felonious act of the accused, which serves as a
sufficient intervening cause.
b. Resulting injury or damage is due to the intentional
act of the victim.
Requisite for Presumption that the blow was cause
of the death – Where there has been an injury inflicted
sufficient to produce death followed by the demise of
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the person, the presumption arises that the injury was
the cause of the death. Provided:
a. victim was in normal health
b. death ensued within a reasonable time
A person is still criminally liable even if:
1. Error in personae – mistake in identity.
What is the legal effect of error in personae?
a) if
same crime results, liable for the same crime
b) if
different crime results, apply Art. 49 - penalty
for lesser crime in its maximum period
2. Aberratio ictus - mistake in the blow; when
offender intending to do an injury to one person
actually inflicts it on another
a) There is only one subject
b) Intended subject is a different subject, but the
felony is still the same.
3. Praeter intentionem - injurious result is greater
than that intended (Art. 13 – mitigating
circumstance)
The second paragraph refers to IMPOSSIBLE CRIMES
Requisites:
a. Act would have been an offense against persons or
property
b. Act is not an actual violation of another provision of
the Code or of a special penal law
c. There was criminal intent
d. Accomplishment was inherently impossible; or
inadequate or ineffectual means were employed.
Notes:
* Offender must believe that he can consummate
the intended crime, a man stabbing another who he
knew was already dead cannot be liable for an
impossible crime.
* The law intends to punish the criminal intent.
* There is no attempted or frustrated impossible
crime.
Inherent impossibility, means that under any and all
circumstances, the crime could not have materialized.
If the crime could have materialized under a different
set of facts, employing the same mean or the same act,
it is not an impossible crime; it would be an attempted
felony.
Legal impossibility occurs where the intended act, even
if completed, would not amount into a crime.
Factual impossibility occurs when an extraneous
circumstance is unknown to the actor or beyond his
control to prevent the consummation of the intended
crime.
Note: Under Art. 4, par. 2, the law does not make any
distinction between factual or physical impossibility
and legal impossibility. (pp vs. intod)
Illustrations:
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Employment of inadequate means: A used poison to
kill B. However, B survived because A used small
quantities of poison - frustrated murder.
Ineffectual means: A aimed his gun at B. When he fired
the gun, no bullet came out because the gun was
empty. A is liable.
Art. 5. Duty of the court in connection with acts
which should be repressed but which are not
covered by the law, and in cases of excessive
penalties.
— Whenever a court has knowledge of any act
which it may deem proper to repress (restrain) and
which is not punishable by law, it shall render the
proper decision, and shall report to the Chief
Executive, through the Department of Justice, the
reasons which induce the court to believe that said
act should be made the subject of legislation.
In the same way, the court shall submit to
the Chief Executive, through the Department of
Justice, such statement as may be deemed proper,
without suspending the execution of the sentence,
when a strict enforcement of the provisions of this
Code would result in the imposition of a clearly
excessive penalty, taking into consideration the
degree of malice and the injury caused by the
offense.
Art. 5 Covers two situations:
a. Where the court cannot convict the accused because
the act he committed is not punishable under the law,
but the court deems it proper to repress such act. The
proper judgment is acquittal. The judge must report to
the Chief Executive that said act be made subject of
penal legislation and the reasons therefore.
b. Where the court after trial finds the accused guilty,
and the penalty prescribed for the crime appears too
harsh considering the conditions surrounding the
commission of the crime, the judge should impose the
law (not suspend the execution of the sentence). The
most that he could do is recommend to the Chief
Executive to grant executive clemency.
Art. 6. Consummated, frustrated, and attempted
felonies. — Consummated felonies as well as those
which are frustrated and attempted are punishable.
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present; and it is frustrated
when the offender performs all the acts of
execution which would produce the felony as a
consequence but which, nevertheless, do not
produce it by reason of causes independent of the
will of the perpetrator.
There is an attempt when the offender
commences the commission of a felony directly or
over acts, and does not perform all the acts of
execution which should produce the felony by
reason of some cause or accident other than this
own spontaneous desistance.
Development of a crime:
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1) Internal Acts – mere ideas in the mind.
2) External Acts: a. Preparatory acts mereproposal or
planning; b. Acts of execution: consummated,
frustrated, and attempted.
Note: Mere intention is therefore, not punishable.
For as long as there is no physical form of the
internal acts, the same is outside the inquiry of
criminal law.
Stages of Commission of a Crime:
 Consummated – when all the elements necessary
for execution are present.
 Frustrated – although all elements are complete,
but still not consummated at the will of the
perpetrator.
 Attempted – the offender commences but does
not perform all acts which would produce felony.
Indeterminate offense – purpose of the offender in
performing the act is not certain.
Spontaneous desistance - voluntary omission of the act
of execution may be because of fear or remorse.
Desistance on the part of the offender negates
criminal liability in 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.
Stages of a Crime does not apply in:
 Offenses punishable by Special Penal Laws, unless
the otherwise is provided for.
 Formal crimes (e.g., slander, adultery, etc.)
 Impossible Crimes
 Crimes consummated by mere attempt.
Examples: attempt to flee to an enemy country,
treason, corruption of minors.
 Felonies by omission
 Crimes committed by mere agreement. Examples:
betting in sports (endings in basketball),
corruption of public officers.
Test to determine whether attempted or
frustrated stage:
When the subjective and objective phases in the
commission of the crime are both present, there is a
consummated felony.
Subjective phase is the portion of the execution of
the felony starting from the point where he has
control over his acts. If it reaches the point where he
has no more control over his acts, the subjective
phase in the commission of the crime is completed.
For as long as he has control over his acts, the
subjective phase in the commission of the crime is not
yet over. If a person while performing acts that are
within the subjective phase is interrupted such that he
is not able to perform all acts of execution, the crime
committed would be attempted.
Objective phase covers that the period of time where
the subjective phase has ended and where the
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offender has no more control over the effects of his
criminal acts.
Applications:
 A put poison in B’s food. B threw away his food.
A is liable - attempted murder.
 A stole B’s car, but he returned it. A is liable -
(consummated) theft.
 A aimed his gun at B. C held A’s hand and
prevented him from shooting B - attempted
murder.
 A inflicted a mortal wound on B. B managed to
survive - frustrated murder.
 A intended to kill B by shooting him. A missed -
attempted murder.
 A doused B’s house with kerosene. But before he
could light the match, he was caught -
attempted arson.
 A cause a blaze, but did not burn the house of B
- frustrated arson.
 B’s house was set on fire by A - (consummated)
arson.
 A tried to rape B. B managed to escape. There
was no penetration - attempted rape.
 A got hold of B’s painting. A was caught before
he could leave B’s house - frustrated robbery.
Art. 7. When light felonies are punishable. — Light
felonies are punishable only when they have been
consummated, with the exception of those
committed against person or property.
Light felonies – light, insignificant moral or material
injuries with penalty of Arresto Menor (imprisonment
of 1 day to 30 days).
Examples of light felonies: slight physical injuries;
theft (php 5.00 or less); alteration of boundary marks;
alarms and scandals; simple slander; malicious mischief
(not exceed php 200.00); and intriguing against honor.
Art. 8. Conspiracy and proposal to commit felony.
— Conspiracy and proposal to commit felony are
punishable only in the cases in which the law
specially provides a penalty therefor.
A conspiracy exists when two or more persons
come to an agreement concerning the commission
of a felony and decide to commit it.
There is proposal when the person who has
decided to commit a felony proposes its execution
to some other person or persons.
Conspiracy and proposal to commit felony in general
are not punishable by law since they are only
preparatory acts, except when provided by law.
In proposal, only the person proposing or the
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proponent is criminally liable
Two ways for conspiracy to exist:
1. There is an agreement.
2. The participants acted in concert or
simultaneously which is indicative of a meeting of
the minds towards a common criminal goal or
criminal objective. When several offenders act in
a synchronized, coordinated manner, the fact
that their acts complimented each other is
indicative of the meeting of the minds. There is
an implied agreement.
Two kinds of conspiracy:
1. Conspiracy as a crime; and
2. Conspiracy as a manner of incurring criminal
liability
When conspiracy itself is a crime, no overt act is
necessary to bring about the criminal liability. The
mere conspiracy is the crime itself. This is only true
when the law expressly punishes the mere conspiracy;
otherwise, the conspiracy does not bring about the
commission of the crime because conspiracy is not an
overt act but a mere preparatory act. Treason,
rebellion, sedition, and coup d’etat are the only crimes
where the conspiracy and proposal to commit to them
are punishable
Art. 9. Grave felonies, less grave felonies and light
felonies. - Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with
Article 25 of this Code.
Less gave felonies are those which the law punishes
with penalties which in their maximum period are
correctional in accordance with abovementioned
article.
Light felonies are those infractions of law or the
commission of which the penalty of arresto menor or a
fine not exceeding Forty thousand pesos (₱40,000) or
both is provided. (as amended by REPUBLIC ACT No.
10951)
This Article simply states the classification of
felonies according to their gravity determined by
their corresponding penalties attached to them by
law.
Capital punishment - death penalty.
Penalties (imprisonment):
Grave - six years and one day to reclusion perpetua
(life);
Less grave - one month and one day to six years;
Light - arresto menor (one day to 30 days).
Art. 10. Offenses not subject to the provisions of
this Code. — 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 specially provide the
contrary.
The first clause states that the Penal Code is not
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intended to supersede special penal laws, while the
second clause makes the Code supplementary to such
laws.
2. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
Imputability – is the quality by which an act may be
ascribed to a person as its author or owner. It implies
that the act committed has been freely and
consciously done and may, therefore, be put down to
the doer as his very own
Responsibility – is the obligation of suffering the
consequences of crime. It is the obligation of taking
the penal and civil consequences of the crime.
Imputability distinguished from responsibility – while
imputability implies that a deed may be imputed to a
person, responsibility implies that the person must
take the consequences of such a deed.
Guilt – is an element of responsibility, for a man
cannot be made to answer for the consequences of a
crime unless he is guilty.
Circumstances that affect criminal liabilities:
Classification: In general, the circumstances are
either
a. defenses or
b. modifying circumstances
I. Defenses: those which if proven may result to an
acquittal of the offender from the crime charged or
lead to non-criminal liability. They are the reasons
advanced by the accused why he may not be held
criminally liable.
They are classified into the following:
A. As to form:
1. Positive or Affirmative- They are often called
defenses in the nature of “Admission and Avoidance”.
The accused admits authorship of the act or omission
charged and imputed to him but he puts up matters to
avoid criminally liability or which will result to his
acquittal.
All the Justifying, Exempting and Absolutory Causes
are Affirmative defenses.
2. Negative- the accused denies authorship or having
performed the act or omission imputed to him.
Examples are denial, alibi, mistaken identity.
B. As to Effect:
1. Total or Perfect- those the effect of which will
totally exonerate the accused. Example: a complete
justifying circumstance, amnesty
2. Partial- those which are intended to lessen the
liability of the accused. They include proof the
offense is a lesser offense, or that it is of a lower
stage of execution, that the accused has a lower
participation and is not the principal.
C. As to source:
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1. Legal- those provided for by statutes or by the
constitution. For example: prescription of crimes,
marriage of the offender and offended; pardon,
double jeopardy, amnesty.
2. Factual- those based on the circumstances of the
commission of the crime relating to the time, place,
manner of commission; identification of the accused;
reasons for the commission. For example: alibi, self-
defense; insanity, mistaken identity.
II. Modifying Circumstances- those which will either
increase or decrease the penalty. They are called
mitigating or aggravating circumstances
Circumstances Recognized in the Philippines:
They are found either in the Revised Penal Code,
Special Laws or in jurisprudence. The defenses and
modifying circumstances governed by the RPC include
the following:
A. Justifying Circumstances- These are the defenses
in which the accused is deemed to have acted in
accordance with the law and therefore the act is
lawful. Since the act is lawful, it follows that there is
no criminal, no criminal liability and no civil liability,
save in paragraph 4.
1. There is no mens rea or criminal intent
2. The circumstances pertain to the act and not to the
actor. Hence all who participated in the act will be
benefited. Thus, if the principal is acquitted there will
be no accomplices and accessories.
3. These apply only to intentional felonies, not to acts
by omissions or to culpable felonies or to violations of
special laws
4. They are limited to the 6 enumerated in Article 11.
B. Exempting Circumstances- These are defenses
where the accused committed a crime but is not
criminally liable. There is a crime, and there is civil
liability but no criminal.
1. The basis is the lack of any of the elements which
makes the act/omission voluntary, i.e. freedom,
intelligence, intent or due care.
2. These defenses pertain to the actor and not the
act. They are personal to the accused in whom they
are present and the effects do not extend to the other
participants. Thus, if a principal is acquitted, the
other principals, accessories and accomplices are still
liable.
3. They apply to both intentional and culpable
felonies and they may be available in violations of
special laws.
4. They are limited to the 7 enumerated in Article 12.
C. Absolutory Causes- These are defenses which have
the same effects as the exempting circumstances but
they are not among those enumerated in Article 12.
They are found in certain Articles of the Revised Penal
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Code or are developed by jurisprudence.
1. They are based on public policy
2. Examples of those in the RPC include: non-liability
for an attempted felony due to voluntary desistance;
Death/Physical Injuries Under Exceptional
Circumstances
3. Those recognized and developed by jurisprudence
include: mistake of fact, set-up/frame up, instigation
D. Mitigating Circumstances- Those which when
present results either to: (i) the penalty being reduced
by at least one degree or (ii) the penalty shall be
imposed in its minimum period. They are those
enumerated in Article 13.
E. Extenuating Circumstances- Those which have the
same effect as mitigating circumstances but are not
among those enumerated in Article 13 but are
provided for in certain articles of the RPC and apply
only to certain felonies. They are called “Special
Mitigating Circumstances”.
1. Examples: Abandonment in case of adultery;
Release of the victim within 3 days with the purpose
not attained, in the felony of Slight Illegal Detention
F. Aggravating Circumstances- Those which when
present will result either to: (i) a change in the nature
of the offense as to make it more serious and result to
the imposition of a higher penalty (ii) the penalty
being imposed in its maximum period. They are
provided for by the Revised Penal Code as well as by
special laws.
G. Alternative Circumstances- those which may
either be appreciated as mitigating or aggravating.
They are enumerated in Article 15 of the RPC.
Art. 11. Justifying circumstances (lack of criminal
intent) — The following do not incur any criminal
liability:
1. (Self - defense) Anyone who acts in defense of
his person or rights, provided that the following
circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means
employed to prevent or repel it. Third. Lack of
sufficient provocation on the part of the person
defending himself.
2. (Defense of Relatives) Anyone who acts in
defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or
adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity
within the fourth civil degree, provided that the
first and second requisites prescribed in the next
preceding circumstance are present, and the
further requisite, in case the revocation was given
by the person attacked, that the one making
defense had no part therein.
3. (Defense of stranger) Anyone who acts in
defense of the person or rights of a stranger,
provided that the first and second requisites
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mentioned in the first circumstance of this Article
are present and that the person defending be not
induced by revenge, resentment, or other evil
motive.
4. (Avoidance of greater evil) Any person who, in
order to avoid an evil or injury, does not act which
causes damage to another, provided that the
following requisites are present;
First. That the evil sought to be avoided actually
exists;
Second. That the injury feared be greater than
that done to avoid it;
Third. That there be no other practical and less
harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty
or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
PARAGRAPH 1 – SELF-DEFENSE
In self-defense, the burden of proof rests upon the
accused. His duty is to establish self-defense by clear
and convincing evidence, otherwise, conviction would
follow from his admission that he killed the victim. He
must rely on the strength of his own evidence and not
on the weakness of that for the prosecution.
Requisites of self-defense
1. Unlawful aggression
- is equivalent to assault of an immediate and
imminent kind. There is unlawful aggression when
the peril to one’s life, limb or right is either
actual or imminent. There must be actual
physical force or actual use of weapon.
- there must be an actual physical assault upon a
person, or at least a threat to inflict real injury.
- it presupposes an actual, sudden, and
unexpected attack, or imminent danger thereof,
and not merely threatening or intimidating
attitude.
Peril to one’s life
- Actual - That the danger must be present, that
is, actually in existence.
- Imminent - that the danger is on the point of
happening. It is not required that the attack
already begins, for it may be too late.
Mere belief of an impending attack is not sufficient.
Retaliation is not self-defense
-Retaliation is different from an act of self-defense. In
retaliation, the aggression that was begun by the
injured party already ceased to exist when the accused
attacked him. In self-defense, the aggression was still
existing when the aggressor was injured or disabled by
the person making a defense.
Retaliation is not a justifying circumstance.
-The settled rule in jurisprudence is that when unlawful
aggression ceases, the defender no longer has the right
to kill or even wound the former aggressor. Retaliation
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is not a justifying circumstance. Upon the cessation of
the unlawful aggression and the danger or risk to life
and limb, the necessity for the person invoking self-
defense to attack his adversary ceases. If he persists in
attacking his adversary, he can no longer invoke the
justifying circumstance of self-defense. Self-defense
does not justify the unnecessary killing of an aggressor
who is retreating from the fray.
The attacked made by the deceased and the killing of
the deceased by the defendant should succeed each
other without appreciable interval of time.
- In order to justify homicide on the ground of self-
defense, it is essential that the killing of the
deceased by the defendant be simultaneous with
the attack made by the deceased, or at least
both acts succeeded each other without
appreciable interval of time.
- When the killing of the deceased by the accused
was after the attack made by the deceased, the
accused must have no time nor occasion for
deliberation and cool thinking.
Unlawful aggression in defense of other rights.
A. Attempt to rape a woman.
B. Defense of property.
C. Defense of home.
The belief of the accused may be considered in
determining the existence of unlawful aggression.
-There is self-defense even if the aggressor used a toy
pistol, provided the accused believed it was a real gun.
Threat to inflict a real injury as unlawful aggression.
-A mere threatening or intimidating attitude, not
preceded by an outward and material aggression, is not
unlawful aggression, because it is required that the act
be offensive and positively strong.
2. Reasonable necessity on the means employed to
prevent or repel it
- presupposes the existence of unlawful aggression,
which is either imminent or actual.
- the means employed by the person making a
defense must be rationally necessary to prevent
or repel an unlawful aggression.
When only minor physical injuries are inflicted after
unlawful aggression has ceased to exist, there is still
self-defense if mortal wounds were inflicted at the
time the requisites of self- defense were present.
The test of reasonableness of the means used.
Whether the means employed is reasonable, will
depend upon:
A. The nature and quality of the weapon used by the
aggressor;
B. His physical condition
C. His size, character;
D. Other circumstances
E. The person defending himself;
F. The place and occasion of the assault.
Perfect equality between the weapon used by the one
defending himself and that of the aggressor is not
required, because the person assaulted does not have
sufficient tranquility of mind to think, to calculate and
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to choose which weapon to use.
c. Lack of sufficient provocation on the part of
the person defending himself
The third requisite of self-defense is present:
A. When no provocation at all was given to the
aggressor by the person defending himself; or
B. When, even if a provocation was given, it was not
sufficient; or
C. When, even if the provocation was sufficient, it
was not given by the person defending himself; or
D. When, even if a provocation was given by the
person defending himself, it was not proximate
and immediate to the act of aggression.
Battered Woman Syndrome as a defense.
Under R.A. No. 9262 otherwise known as “Anti-Violence
Against Women and their Children Act of 2004,” which
took effect on March 27, 2004, it provides that:
“Sec. 26. Battered Women Syndrome as a Defense. --
Victim-survivors who are found by the courts to be
suffering from battered women syndrome do not incur
criminal and civil liability notwithstanding the absence
of any of the elements for justifying circumstances of
self-defense under the Revised Penal Code.
The Battered Woman Syndrome, explained.
-A battered woman has been defined as a woman “who
is repeatedly subjected to any forceful physical or
psychological behavior by a man in order to coerce her
to do something he wants her to do without concern for
her rights.
More graphically, the battered woman syndrome is
characterized by the so-called “cycle of violence,”
which has three phases:
(1) the tension-building phase;
(2) The acute battering incident; and
(3) The tranquil, loving (or, at least, nonviolent)
phase.
PARAGRAPH 2 - DEFENSE OF RELATIVES
Relatives that can be defended.
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees.
5. Relatives by consanguinity within the fourth civil
degree.
Requisites of defense of relatives:
1. Unlawful aggression;
2. Reasonable necessity of the means employed to
prevent or repel it; and
3. In case the provocation was given by the person
attacked, the one making a defense had no part
therein.
PARAGRAPH 3 - DEFENSE OF STRANGER
Requisites:
1. Unlawful aggression;
2. Reasonable necessity of the means employed to
prevent or repel it; and
3. The person defending be not induced by revenge,
resentment, or other evil motive.
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Who are deemed strangers?
-Any person not included in the enumeration of relatives
mentioned in paragraph 2 of this article, is considered
stranger for the purpose of paragraph 3. Hence, even a
close friend or a distance relative is a stranger within
the meaning of paragraph 3.
The person defending “be not induced.”
-Paragraph 3 of Article 11 uses the phrase “be not
induced.” Hence, even if a person has a standing grudge
against the assailant, if he enters upon the defense of a
stranger from serious bodily harm or possible death, the
third requisite of defense of stranger still exists. The
third requisite would be lacking if such person was
prompted by his grudge against the assailant, because
the alleged defense of the stranger would be only a
pretext.
PARAGRAPH 4 -- AVOIDANCE OF GREATER EVIL OR
INJURY.
 Damage to another
-This term covers injury to persons and damage
to property.
 That the evil sought to be avoided actually
exists.
-The evil must actually exist. If the evil sought to
be avoided is merely expected or anticipated
or may happen in the future, paragraph 4 of
Art. 11 is not applicable.
 That the injury feared be greater than that done
to avoid it.
 The greater evil should not be brought about by
the negligence or imprudence of the actor.
 When the accused was not avoiding any evil, he
cannot invoke the justifying circumstance of
avoidance of a greater evil or injury.
 The evil which brought about the greater evil
must not result from a violation of law by the
actor.
PARAGRAPH 5 -- FULFILLMENT OF DUTY OR LAWFUL
EXERCISE OF RIGHT OR OFFICE.
Requisites:
1. That the accused acted in the performance of a
duty or in the lawful exercise or a right or office;
2. That the injury caused or the offense committed
be the necessary consequence of the due
performance of duty or the lawful exercise of
such right or office.
Shooting an offender who refused to surrender is
justified.
PARAGRAPH 6 - OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE.
Requisites:
1. That an order has been issued by a superior.
2. That such order must be for some lawful purpose.
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3. That the means used by the subordinate to carry
out said order is lawful.
 Both the person who gives the order and the
person who executes it, must be acting within
the limitations prescribed by law.
 When the order is not for a lawful purpose, the
subordinate who obeyed it is criminally liable.
 When subordinate is not liable for carrying out
an illegal order of his superior, if he is not
aware of the illegality of the order and he is not
negligent.
Art. 12. Exempting Circumstances - Circumstances
which exempt from criminal liability. — the
following are exempt from criminal liability:
1. An imbecile or an insane person, unless the
latter has acted during a lucid interval. When
the imbecile or an insane person has committed
an act which the law defines as a felony
(delito), the court shall order his confinement
in one of the hospitals or asylums established
for persons thus afflicted, which he shall not be
permitted to leave without first obtaining the
permission of the same court.
2. A person under fifteen years of age.
3. A person over fifteen years of age and under
eighteen, unless he has acted with discernment,
in which case, such minor shall be proceeded
against in accordance with the provisions of Art.
80 of this Code.
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 act under the compulsion of
irresistible force.
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
Definition
- are those grounds for exemption from punishment
because there is wanting in the agent of the crime any
of the conditions which make the act voluntary or
negligent.
Basis
- the exemption from punishment is based on the
complete absence of intelligence, freedom of action, or
intent or on the absence of negligence on the part of
the accused.
In exempting circumstances, there is a crime
committed but no criminal liability arises. Technically,
one who acts by virtue of any of the exempting
circumstances commits a crime, although by the
complete absence of any of the conditions which
constitute free will or voluntariness of the act, no
criminal liability arise.
Paragraph 1:
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Imbecile - One who, while advanced in age, has a
mental development comparable to that of a child
between 2 and 7 years of age. Exempt in all cases
from criminal liability
Insane - There is a complete deprivation of
intelligence in committing the act but capable of
having lucid intervals. During a lucid interval, the
insane acts with intelligence and thus, is not exempt
from criminal liability Insanity is a defense in the
nature of confession and avoidance and must be
proved beyond reasonable doubt.
Imbecility distinguished from insanity
- While the imbecile is exempt in all cases from criminal
liability, the insane is not exempt if it can be shown
that he acted during a lucid interval. During lucid
interval, the insane acts with intelligence.
- an imbecile is one who, while advanced in age, has a
mental development comparable to that of children
between two and seven years of age. It is one who is
deprived completely of reason or discernment and
freedom of the will at the time of committing the
crime.
To constitute insanity, there must be complete
deprivation of intelligence or that there be a total
deprivation of the freedom of the will.
- in order that the exempting circumstance of insanity
may be taken into account, it is necessary that there be
a complete deprivation of intelligence while committing
the act, that is, that the accused be deprived of reason;
that he acts without the least discernment; or that
there be a total deprivation of freedom of the will.
- insanity exists when there is a complete deprivation of
intelligence in committing the act, that is, the accused
is deprived of reason, he acts without the least
discernment, because there is a complete absence of
the power to discern, or that there is a total deprivation
of freedom of the will. Thus, mere abnormality of
mental faculties is not enough, especially if the
offender has not lost consciousness of his acts. At most,
it is only a mitigating circumstance.
Insanity at the time of the commission of the felony
distinguished from insanity at the time of the trial.
- when he was sane at the time of the commission of
the crime, but he becomes insane at the time of the
trial, he is liable criminally. The trial, however, will be
suspended until the mental capacity of the accused be
restored to afford him a fair trial.
Note: There is another school of thought that
believes that insanity, as with other such defenses,
need only be proved to a degree sufficient to raise a
reasonable doubt of guilt.
Evidence of insanity must refer to:
a. the time preceding the act under prosecution
b. at the very moment of its execution.
Insanity subsequent to commission of crime is not
exempting Feeblemindedness is not imbecility. It is
necessary that there is a complete deprivation of
intelligence in committing the act, that is, the
accused be deprived of reason, that there is no
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responsibility for his own acts; that he acts without
the least discernment; that there be complete
absence of the power to discern, or that there be a
complete deprivation of the freedom of the will.
(People vs. Formigones). Cases covered under this
article:
(1) Dementia praecox (precocious madness)
(2) Kleptomania: if found by a competent psychiatrist
as irresistible
(3) Epilepsy
(4) Somnambulism: sleep-walking (People vs. Taneo)
(5) Malignant malaria: which affects the nervous system
Paragraph 2:
RA 9344, Sec. 6: Minimum Age of Criminal
Responsibility. - A child fifteen (15) years of age or
under at the time of the commission of the offense
shall be exempt from criminal liability. However, the
child shall be subjected to an intervention program
pursuant to Section 20 of this Act.
Paragraph 3:
When such minor is adjudged to be criminally
irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family who
shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
Paragraph 3, Article 12 of the RPC impliedly repealed
by Republic Act No. 9344.
RA 9344, Sec. 6: Minimum Age of Criminal
Responsibility. - A child above fifteen (15) years but
below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an
intervention program, unless he/she has acted with
discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance
with this Act.
Periods of criminal responsibility
1. The age of absolute irresponsibility - 15 years and
below (infancy).
2. The age of conditional responsibility - 15 years
and 1 day to 18 years.
3. The age of full responsibility - 18 years or over
(adolescence) to 70 (maturity).
4. The age of mitigated responsibility - 15 years and
1 day to 18 years, the offender acting with
discernment; over 70 years of age.
Meaning of “discernment.”
- Discernment means the capacity of the child at the
time of the commission of the offense to understand the
difference between right and wrong and the
consequence of the wrongful act.
Discernment and Intent distinguished
- While both are products of the mental processes
within a person, “intent” refers to the desired act of
the person while “discernment” relates to the moral
significance that a ascribes to the said act. Hence, a
person may not intend to shoot another but may be
aware of the consequences of his negligent act which
may cause injury to the same person in negligently
handling the air rifle.
Paragraph 4:
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Requisites:
1) A person performing a lawful act;
2) With due care;
3) He causes an injury to another by mere accident;
4) Without fault or intention of causing it.
Accident - something that happens outside the sway of
our will and, although coming about through some act
of our will, lies beyond the bounds of humanly
foreseeable consequences.
Note: Under Article 12, paragraph 4, the offender is
exempt not only from criminal but also from civil
liability.
Paragraph 5:
Elements:
1) The compulsion is by means of physical force.
2) That the physical force must be irresistible.
3) The physical force must come from a third person.
Note: Before a force can be considered to be an
irresistible one, it must produce such an effect on
the individual that, in spite of all resistance, it
reduces him to a mere instrument and, as such,
incapable of committing the crime. (Aquino, Revised
Penal Code)
Passion or obfuscation cannot be irresistible force.
- the irresistible force can never consist in an impulse or
passion, or obfuscation. It must consist of an extraneous
force coming from a third person.
Paragraph 6:
Requisites:
1) That the threat which causes the fear is of an evil
greater than or at least equal to, that which he is
forced to commit;
2) That it promises an evil of such gravity and
imminence that the ordinary man would have
succumbed to it.
The accused must not have opportunity for escape or
self-defense.
- a threat of future injury is not enough. The compulsion
must be of such character as to leave no opportunity to
the accused for escape or self-defense in equal combat.
Distinction between irresistible force and
uncontrollable fear.
- in irresistible force, the offender uses violence or
physical force to compel another person to commit a
crime; in uncontrollable fear, the offender employs
intimidation or threat in compelling another to commit
a crime.
Paragraph 7:
Requisites:
1) That an act is required by law to be done;
2) That a person fails to perform such act;
3) That his failure to perform such act was due to some
lawful or insuperable cause
Insuperable cause means insurmountable - some
motive, which has lawfully, morally or physically
prevented a person to do what the law commands.
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Distinctions between justifying circumstances and
exempting circumstances
In justifying circumstances –
1. The circumstance affects the act, not the actor;
2. The act complained of is considered to have been
done within the bounds of law; hence, it is
legitimate and lawful in the eyes of the law;
3. Since the act is considered lawful, there is no
crime, and because there is no crime, there is no
criminal;
4. Since there is no crime or criminal, there is no
criminal liability as well as civil liability.
In exempting circumstances –
1. The circumstances affect the actor, not the act;
2. The act complained of is actually wrongful, but
the actor acted without voluntariness. He is a
mere tool or instrument of the crime;
3. Since the act complained of is actually wrongful,
there is a crime. But because the actor acted
without voluntariness, there is absence of dolo or
culpa. There is no criminal;
4. Since there is a crime committed but there is no
criminal, there is civil liability for the wrong
done. But there is no criminal liability. However,
in paragraphs 4 and 7 of Article 12, there is
neither criminal nor civil liability.
Entrapment and instigation distinguished.
- there is a wide difference between an entrapment and
instigation, for while in the latter case the instigator
practically induces the would-be accused into the
commission of the offense and himself becomes a co-
principal, in entrapment, ways and means are resorted
to for the purpose of trapping and capturing the
lawbreaker in the execution of his criminal plan.
Entrapment is no bar to the prosecution and conviction
of the lawbreaker. But when there is instigation, the
accused must be acquitted.
Instigation must be made by public officers or
private detectives.
- a criminal act may not be punishable if the accused
was induced to commit it by active cooperation and
instigation on the part of public detectives.
- if the one who made the instigation is a private
individual, not performing public function, both he and
the one induced are criminally liable for the crime
committed: the former, as principal by induction and
the latter, as principal by direct participation.
Art. 13. Mitigating circumstances. — The following are
mitigating circumstances;
1. Those mentioned in the preceding chapter, when
all the requisites necessary to justify or to exempt
from criminal liability in the respective cases are
not attendant.
2. That the offender is under eighteen year of age or
over seventy years. In the case of the minor, he
shall be proceeded against in accordance with the
provisions of Art. 80.
3. That the offender had no intention to commit so
grave a wrong as that committed.
4. That sufficient provocation or threat on the part
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of the offended party immediately preceded the
act.
5. That the act was committed in the immediate
vindication of a grave offense to the one
committing the felony (delito), his spouse,
ascendants, or relatives by affinity within the
same degrees.
6. That of having acted upon an impulse so powerful
as naturally to have produced passion or
obfuscation.
7. That the offender had voluntarily surrendered
himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt before
the court prior to the presentation of the evidence
for the prosecution;
8. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect which
thus restricts his means of action, defense, or
communications with his fellow beings.
9. Such illness of the offender as would diminish the
exercise of the will-power of the offender without
however depriving him of the consciousness of his
acts.
10. And, finally, any other circumstances of a
similar nature and analogous to those above
mentioned.
Definition
- are those which, if present in the commission of the
crime, do not entirely free the actor from criminal
liability, but served only to reduce the penalty.
Classes of mitigating circumstances.
1. Ordinary mitigation - those enumerated in
subsections 1 to 10 of Article 13.
2. Privileged mitigating -
A. Art. 68. Penalty to be imposed upon a person
under eighteen years of age. - when the offender
is a minor under 18 years of age and his case falls
under the provisions of the Juvenile Justice and
Welfare Act, the following rules shall be
observed:
(1) a person under fifteen years of age,
and a person over fifteen and under
eighteen years of age who acted
without discernment, are exempt from
criminal liability;
(2) Upon a person over fifteen and under
eighteen years of age who acted with
discernment, and the penalty next
lower than that prescribed by law shall
be imposed, but always in the proper
period
B. Art. 69. Penalty to be imposed when the crime
committed is not wholly excusable - a penalty
lower by one or two decrees than that prescribed
by law, provided that the majority of such
conditions are present.
C. Art. 64. Rules for the application if penalties
which contain three periods. When there are two
or more mitigating circumstances and no
aggravating circumstances are present, the court
shall impose the penalty next lower to that
prescribed by law, in the period that it may deem
applicable, according to the number and nature
of such circumstances.
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Distinctions
1. Ordinary mitigating is susceptible of being offset
by any aggravating circumstance; while privilege
mitigating cannot be offset by aggravating
circumstance.
2. Ordinary mitigating, if not offset by an
aggravating circumstance, produces only the
effect of applying the penalty provided by law for
the crime in its minimum period, in case of
divisible penalty; whereas, privileged mitigating
produces the effect of imposing upon the
offender the penalty lower by one or two degrees
than that provided by law for the crime.
PARAGRAPH 1 - THOSE MENTIONED IN THE PRECEDING
CHAPTER WHEN ALL THE REQUISITES NECESSARY TO
JUSTIFY THE ACT OR TO EXEMPT FROM CRIMINAL
LIABILITY IN THE RESPECTIVE CASES ARE NOT
ATTENDANT.
Circumstances of justification or exemption which
may give place to mitigation.
- the circumstances of justification or exemption which
may give place to mitigation, because not all the
requisites necessary to justify the act or to exempt from
criminal liability in the respective cases are attendant,
are the following:
(1) Self-defense (Art. 11, par. 1)
(2) Defense of relatives (Art. 11, par. 2)
(3) Defense of stranger (Art. 11, par. 3)
(4) State of necessity (Art. 11, par. 4)
(5) Performance of duty (Art. 11, par. 5)
(6) Obedience to order of superior (Art. 11, par. 6)
(7) Minority above 15 but below 18 years of age (R.A.
No. 9344)
(8) Causing injury by mere accident (Art. 12, par. 4)
(9) Uncontrollable fear (Art. 12, par. 6)
Incomplete justifying circumstances:
a. Incomplete self-defense, defense of relatives,
defense of stranger
In these 3 classes of defense, UNLAWFUL AGGRESSION
must always be present. It is an indispensable
requisite. Par. 1 of Art. 13 is applicable only when:
 unlawful aggression is present
 but one or both of the other 2 requisites are not
present in any of the cases referred to in
circumstances number 1, 2 and 3 or Art. 11.
b. Incomplete justifying circumstance of avoidance of
greater evil or injury.
Requisites under par. 4 of Art. 11:
1) That the evil sought to be avoided actually
exists;
2) That the injury feared be greater than that
done to avoid it;
3) There be no other practical and less harmful
means of preventing it.
Avoidance of greater evil or injury is a
justifying circumstance if all the three requisites
mentioned in par. 4 of Art. 11 are present. But if any
of the last two requisites is lacking, there is only a
mitigating circumstance. The first element is
indispensable.
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c. Incomplete justifying circumstance of performance
of duty
Requisites under par.5, Art. 11:
1) That the accused acted in the performance of a
duty or in the lawful exercise of a right or office;
and
2) That the injury caused or offense committed be
the necessary consequence of the due
performance of such duty or the lawful exercise
of such right or office.
PARAGRAPH 2 - THAT THE OFFENDER IS UNDER
EIGHTEEN YEARS OF AGE OR OVER SEVENTY YEARS. IN
THE CASE OF THE MINOR, HE SHALL BE PROCEEDED
AGAINST IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE 80.
Paragraph 2, Article 13 of the RPC impliedly repealed
by Republic Act No. 9344
- whereas before, an offender fifteen or over but under
eighteen years of age is entitled only to the benefits
provided under Article 68 of the RPC, under R.A. No.
9344, such offender may be exempt from criminal
liability if he/she acted without discernment. On the
other hand, if such offender acted with discernment,
such child in conflict with the law shall undergo
diversion programs provided under chapter 2 of R.A. No.
9344.
Meaning of Diversion and Diversion Program under
Republic Act No. 9344
- Diversion refers to an alternative, child-appropriate
process of determining the responsibility and treatment
of a child in conflict with the law on the basis of his/her
social, cultural, economic, psychological, or educational
background without resulting to formal court
proceedings.
- Diversion Program refers to the program that the child
in conflict with the law is required to undergo after
he/she is found responsible for an offense without
resorting to formal court proceedings.
PARAGRAPH 3 - THAT THE OFFENDER HAD NO
INTENTION TO COMMIT SO GRAVE A WRONG AS THAT
COMMITTED.
This circumstance can be taken into account only when
the facts proven show that there is a notable and
evident disproportion between the means employed to
execute the criminal act and its consequences.
Article 13, paragraph 3, is not applicable when the
offender employed brute force.
- to prove this circumstance, the accused testified that
“my only intention was to abuse her, but when she tried
to shout, I covered her mouth and chocked her and later
I found out that because of that she died.” The Supreme
Court: “It is easy enough for the accused to say that he
had no intention to do great harm. But he knew the girl
was very tender in age, weak in body, helpless and
defenseless. He knew or ought to have known the
natural and inevitable result of the act of strangulation,
committed by men of superior strength, especially on an
occasion when she was resisting the onslaught upon her
honor. The brute force employed by the appellant,
completely contradicts the claim that he had no
intention to kill the victim.”
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Not applicable to felonies by negligence.
The reason is that in felonies through negligence, the
offender acts without intent. The intent in intentional
felonies is replaced by negligence, imprudence, lack of
foresight or lack of skill in culpable felonies. Hence, in
felonies through negligence, there is no intent on the
part of the offender which may be considered as
diminished.
Applicable only to offenses resulting in physical injuries
or material harm.
- thus, the mitigating circumstance that the offender
did not intent to commit so grave a wrong as that
committed was not appreciated in cases of defamation
or slander.
PARAGRAPH 4 - THAT SUFFICIENT PROVOCATION OR
THREAT ON THE PART OF THE OFFENDED PART
IMMEDIATELY PRECEDED THE ACT.
What is provocation?
- is understood as any unjust or improper conduct or act
of the offended party, capable of exciting, inciting, or
irritating any one.
Requisites:
1. That the provocation must be sufficient;
2. That it must originate from the offended party;
and
3. That the provocation must be immediate to the
act, i.e., to the commission of the crime by the
person who is provoked.
The provocation must be sufficient.
- sufficient means adequate to excite a person to
commit a wrong and must accordingly be proportionate
to its gravity. Provocation must originate from the
offended party. Where the alleged provocation did not
come from the deceased but from the latter’s mother,
the same may not be appreciated in favor of the
accused.
Difference between sufficient provocation as requisite
of incomplete self-defense and as a mitigating
circumstance.
- sufficient provocation as a requisite of incomplete
self-defense is different from sufficient provocation as a
mitigating circumstance. As an element of self-defense,
it pertains to its absence on the part of the person
defending himself; while as a mitigating circumstance,
it pertains to its presence on the part of the offended
party.
Provocation must be immediate to the commission of
the crime.
Between the provocation by the offended party and the
commission of the crime by the person provoked, there
should not be any interval of time. The reason for this
requirement is that the law states that the provocation
“immediately preceded the act.” When there is an
interval of time between the provocation and the
commission of the crime, the conduct of the offended
party could not have excited the accused to the
commission of the crime, he having had time to regain
his reason and to exercise self-control.
PARAGRAPH 5 - THE ACT WAS COMMITTED IN THE
IMMEDIATE VINDICATION OF A GRAVE OFFENSE TO
THE ONE COMMITTING THE FELONY (DELITO), HIS
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SPOUSE, ASCENDANTS, DESCENDANTS, LEGITIMATE, offense done by the offended party ad the
NATURAL OR ADOPTED ROTHERS OR SISTERS, OR commission of the crime by the accused.
RELATIVES BY AFFINITY WITHIN THE SAME DEGREES.

Requisites: PARAGRAPH 6 - THAT OF HAVING ACTED UPON AN

1. That there be a grave offense done to the one IMPULSE SO POWERFUL AS NATURALLY TO HAVE
committing the felony, his spouse, ascendants, PRODUCED PASSION OR OBFUSCATION.
descendant, legitimate, natural or adopted
brothers or sisters, or relatives by affinity within This paragraph requires that --
1. The accused acted upon an impulse.
the same degrees;
2. The impulse must be so powerful that it naturally
2. That the felony is committed in vindication of
produced passion or obfuscation in him.
such grave offense. A lapse of time is allowed
between the vindication ad the doing of the
grave offense. Rule for the application of this paragraph
Passion or obfuscation may constitute a mitigating
Distinguish provocation from vindication. circumstance only when the same arose from lawful
1. In the case of provocation, it is made directly sentiments. For this reason, even if there is actually
only to the person committing the felony; in passion or obfuscation on the part of the offender,
vindication, the grave offense may be committed there is no mitigating circumstance, when:
also against the offender’s relatives mentioned
by the law. 1. The act is committed in a spirit of lawlessness; or
2. In vindication, the offended party must have 2. The act is committed in a spirit of revenge.
done a grave offense to the offender or his
Requisites of the mitigating circumstance of passion
relatives mentioned by the law; in provocation,
or obfuscation:
the cause that brought about the provocation
1. That there be an act, both unlawful and
need not be a grave offense.
sufficient to produce such a condition of mind;
3. In provocation, it is necessary that the
and
provocation or threat immediately preceded the
2. That said act which produced the obfuscation was
act, i.e., that there be no interval of time
not far removed from the commission of the
between the provocation and the commission of
crime by a considerable length of time, during
the crime; while vindication, the vindication of
which the perpetrator might recover his normal
the grave offense may be proximate, which
equanimity.
admits of an interval of time between the grave

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 No passion or obfuscation after 24 hours, or several
hours or half an hour.
 Obfuscation - when relationship is illegitimate - not
mitigating.
 Passion or obfuscation MAY lawfully arise from
causes existing only in the honest belief of the
offender.
 Vindication of grave offense cannot co-exist with
passion and obfuscation.
 Passion or obfuscation compatible with lack of
intention to commit so grave a wrong.
Passion or obfuscation incompatible with treachery
- passion or obfuscation cannot co-exist with treachery,
for while in the mitigating circumstance of passion or
obfuscation of the offender loses his reason and self-
control, in the aggravating circumstance of treachery,
the mode of attach must be consciously adopted. One
who loses his reason and self-control cannot
deliberately employ a particular means, method or form
of attack in the execution of a crime.
Passion and obfuscation cannot co-exist with evident
premeditation
- the aggravating circumstance of evident premeditation
cannot co-exist with the circumstance of passion and
obfuscation. The essence of premeditation is that the
execution of the criminal act must be preceded by calm
thought and reflection upon the resolution to carry out
the criminal intent during the space of time sufficient
to arrive at a composed judgment.
Passion or obfuscation distinguished from
irresistible force.
1. While passion or obfuscation is a mitigating
circumstance, irresistible force is an exempting
circumstance.
2. Passion of obfuscation cannot give rise to an
irresistible force because irresistible force
requires physical force.
3. Passion or obfuscation, is in the offender himself,
while irresistible force must come from a third
person.
4. Passion or obfuscation must arise from lawful
sentiments; whereas, the irresistible force is
unlawful.
Passion or obfuscation distinguished from
provocation.
1. Provocation comes from the injured party;
passion or obfuscation is produced by an impulse
which may be caused by provocation.
2. Provocation must immediately precede the
commission of the crime; in passion or
obfuscation, the offense which engenders
perturbation of mind need not be immediate. It is
only required that the influence thereof lasts
until the moment the crime is committed.
3. In both, the effect is the loss of reason and self-
control on the part of the offender.
PARAGRAPH 7 - THAT THE OFFENDER HAD
VOLUNTARY SURRENDERED HIMSELF TO A PERSON IN
AUTHORITY OR HIS AGENT, OR THAT HE HAD
VOLUNTARILY CONFESSED HIS GUILT BEFORE THE
COURT PRIOR TO THE PRESENTATION OF THE
EVIDENCE FOR THE PROSECUTION.
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Two mitigating circumstances are provided in this
paragraph.
1. Voluntary surrender to a person in authority or
his agents.
2. Voluntary confession of guilt before the court
prior to the presentation of evidence for the
prosecution.
Requisites of voluntary surrender.
A. That the offender had not been actually arrested.
B. That the offender surrendered himself to a
person in authority or the latter’s agent.
C. That the surrender was voluntary.
When the warrant of arrest had not been served or not
returned unserved because the accused cannot be
located, the surrender is mitigating. The law does not
require that the surrender be prior to the order of
arrest.
The surrender must be made to a person in authority or
his agent.
- a “person in authority” is one directly vested with
jurisdiction, that is, a public officer who has the power
to govern and execute the laws whether as an individual
or as a member of some court or governmental
corporation, board or commission.
- an “agent of a person in authority” is a person, who,
by direct provision of the law, or by election or by
appointment by competent authority, is charged with
the maintenance of public order and the protection and
security of life and property and any person who comes
to the aid of persons in authority.
Voluntary surrender does not simply mean non-flight.
- voluntary surrender does not simply mean non-flight.
As a matter of law, it does not matter if the accused
never avoided arrest and never hid or fled. What the
law considers as mitigating is the voluntary surrender of
an accused before his arrest, showing either
acknowledgment of his guilt or an intention to save the
authorities from the trouble and expense that his search
and capture would require.
- the fact that the accused did not escape or go into
hiding after the commission of the murder and in fact
he accompanied the chief of police to the scene of the
crime without however surrendering to him and
admitting complicity in the killing did not amount to
voluntary surrender to the authorities and this
circumstance would not be extenuating in that case.
The Revised Penal Code does not make any distinction
among the various moments when the surrender may
occur.
The surrender must be by reason of the commission of
the crime for which defendant is prosecuted.
Surrender through an intermediary.
When is surrender voluntary?
- a surrender to be voluntary must be spontaneous,
showing the intent of the accused to submit himself
unconditionally to the authorities, either (1) because he
acknowledges his guilt, or (2) because he wishes to save
them the trouble and expenses necessarily incurred in
his search and capture.
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Requisites of plea of guilty.
1. That the offender spontaneously confessed his
guilt.
2. That the confession of guilt was made in open
court, that is, before the competent court that is
to try the case; and
3. That the confession of guilt was made prior to
the presentation of evidence for the prosecution.
Please of guilty to a lesser offense than that charged,
not mitigating.
- plea bargain
Reasons why plea of guilty is mitigating
- it is an act or repentance and respect for the law; it
indicates a moral disposition in the accused, favorable
to his reform.
PARAGRAPH 8 - THAT THE OFFENDER IS DEAF AND
DUMB, BLIND OR OTHERWISE SUFFERING FROM SOME
PHYSICAL DEFECT WHICH THUS RESTRICTS HIS MEANS
OF ACTION, DEFENSE, OR COMMUNICATION WITH HIS
FELLOW BEINGS.
Physical defect must restrict means of action, defense,
or communication with fellow beings.
- physical defect referred to in this paragraph is such as
being armless, cripple, or a stutterer, whereby his
means to act, defend himself or communicate with his
fellow beings are limited.
PARAGRAPH 9 - SUCH ILLNESS OF THE OFFENDER AS
WOULD DIMINISH THE EXERCISE OF HIS WILL-POWER
OF THE OFFENDER WITHOUT HOWEVER DEPRIVING
HIM OF CONSCIOUSNESS OF HIS ACTS.
Requisites:
1. That the illness of the offender must diminish the
exercise of his will-power.
2. That such illness should not deprive the offender
of consciousness of his acts.
When the offender completely lost the exercise of will-
power, it may be an exempting circumstance.
- when a person becomes affected by:
A. Dementia praecox
B. Manic depressive psychosis
Does this circumstance include illness of the mind?
Question: Does this paragraph refer to the mental
condition more or less disturbed?
Answer: In accordance with some ruling of the court,
illness of the mind is included. It would seem that a
diseased mind, not amounting to insanity, may give
place to mitigation.
PARAGRAPH 10 - AND, FINALLY, ANY OTHER
CIRCUMSTANCE OF A SIMILAR NATURE AND
ANALOGOUS TO THOSE ABOVEMENTIONED.
Examples of Analogous Mitigating Circumstance:
1. Over 60 years old with failing sight, similar to
over 70 years of age mentioned in paragraph two.
2. Outraged feeling of owner of animal taken from
ransom analogous to vindication of a grave
offense.
3. Outraged feeling of creditor, similar to passion
passion and obfuscation mentioned in paragraph
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4. Impluse of jealous feeling, similar to passion and
obfuscation.
5. Manifestations of Battered Wife Syndrome,
analogous to an illness that diminishes the
exercise of will power.
6. Esprit de corps, similar to passion an obfuscation.
7. Voluntary restitution of stolen property, similar
to voluntary surrender mentioned in paragraph
8. Extreme poverty and necessity, similar to
incomplete justification based on state of
necessity.
9. Testifying for the prosection, analogous to plea
of guilt.
Examples of Not Analogous Mitigating Circumstance:
1. Not resisting arrest, not analogous to voluntary
surrender.
2. The condition of running amuck is not mitigating.
Mitigating circumstances which are personal to the
offenders
Mitigating circumstances which arise from:
1. From the moral attributes of the offender
Example: A and B killed C, acting under an impulse which
produced obfuscation. The circumstance of
obfuscation arose from the moral attribute of A and it
shall mitigate the liability of A only. It shall not
mitigate the liability of B.
2. From his private relations with the offended
party.
Example: A son of B, committed robbery against the
latter, which C, a stranger, bought the property taken
by A from B, knowing that the property was the effect
of the crime of robbery. The circumstance of
relationship arose from the private relation of A with B
and it shall mitigate the liability of A only. It shall not
mitigate the liability of C, an accessory.
3. From any other personal cause, shall only serve
to mitigate the liability of the principals,
accomplices, and accessories as to whom such
circumstances are attendant.
Example: A, 16 years old and acting with
discernment, inflicted serious physical injuries on
C. B, seeing what A had done to C, kicked the
latter, thereby concurring in the criminal purpose
of A and cooperating with him by simultaneous
act. The circumstance of minority arose from
other personal cause and it shall mitigate the
liability of A only. It shall not mitigate the
liability of B, an accomplice.
Art. 14. Aggravating circumstances. — The following
are aggravating circumstances:
1. That advantage be taken by the offender of his
public position.
2. That the crime be committed in contempt or
with insult to the public authorities.
3. That the act be committed with insult or in
disregard of the respect due the offended party
on account of his rank, age, or sex, or that is
be committed in the dwelling of the offended
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party, if the latter has not given provocation. of inundation, fire, poison, explosion, stranding
4. That the act be committed with abuse of of a vessel or international damage thereto,
confidence or obvious ungratefulness. derailment of a locomotive, or by the use of
5. That the crime be committed in the palace of any other artifice involving great waste and
the Chief Executive or in his presence, or ruin.
where public authorities are engaged in the 13. That the act be committed with evidence
discharge of their duties, or in a place premeditation.
dedicated to religious worship. 14. That the craft, fraud or disguise be
6. That the crime be committed in the night time, employed.
or in an uninhabited place, or by a band, 15. That advantage be taken of superior
whenever such circumstances may facilitate strength, or means be employed to weaken the
the commission of the offense. defense.
Whenever more than three armed malefactors 16. That the act be committed with
shall have acted together in the commission of treachery (alevosia).
an offense, it shall be deemed to have been 17. There is treachery when the offender
committed by a band. commits any of the crimes against the person,
7. That the crime be committed on the occasion employing means, methods, or forms in the
of a conflagration, shipwreck, earthquake, execution thereof which tend directly and
epidemic or other calamity or misfortune. specially to ensure its execution, without risk
8. That the crime be committed with the aid of to himself arising from the defense which the
armed men or persons who insure or afford offended party might make.
impunity. 18. That means be employed or
9. That the accused is a recidivist. circumstances brought about which add
A recidivist is one who, at the time of his trial ignominy to the natural effects of the act.
for one crime, shall have been previously 19. That the crime be committed after an
convicted by final judgment of another crime unlawful entry.
embraced in the same title of this Code. There is an unlawful entry when an entrance of
10. That the offender has been previously a crime a wall, roof, floor, door, or window be
punished by an offense to which the law broken.
attaches an equal or greater penalty or for two 20. That the crime be committed with the
or more crimes to which it attaches a lighter aid of persons under fifteen years of age or by
penalty. means of motor vehicles, motorized
11. That the crime be committed in watercraft, airships, or other similar means.
consideration of a price, reward, or promise. (As amended by RA 5438).
12. That the crime be committed by means 21. That the wrong done in the commission
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of the crime be deliberately augmented by - Cannot be offset by any mitigating

causing other wrong not necessary for its circumstance.
commissions. - it must be alleged during the information
and prove during trial.
Definition:
4. Inherent - those that must of necessity
Aggravating circumstances are those which, if attendant
in the commission of the crime, serve to increase the accompany the commission of the crime.
penalty without, however, exceeding the maximum of Example: Evident premeditation is inherent in
the penalty provided by law for the offense. robbery, theft, estafa, adultery and concubinage.

Four Kinds of Aggravating Circumstances Qualifying aggravating circumstance distinguished

1. Generic - those that can generally apply to all from generic aggravating circumstance.
crimes. 1. The effect of a generic aggravating circumstance,
not offset by any mitigating circumstance, is to
- It increases penalty to a maximum but not
increase the penalty which should be imposed
increase 1 degree higher than the penalty
upon the accused to the maximum period, but
provided by law for the offense.
without exceeding the limit prescribed by law;
- it can be offset by ordinary mitigating
while that of a qualifying circumstance is not
circumstance.
only to give the crime its proper and exclusive
- In Art. 14, the circumstances in paragraphs
name but also to place the author thereof in such
nos. 1,2,3 (dwelling), 4,5,6,9,10,14,18,19
a situation as to deserve no other penalty than
and 20, except “by means of motor
that specially prescribed by law for said crime.
vehicles,” are generic aggravating
2. A qualifying aggravating circumstance cannot be
circumstances.
offset by a mitigating circumstance; a generic
2. Specific/Special - those that apply only to
aggravating circumstance may be compensated
particular crimes.
by a mitigating circumstance.
- cannot be offset by any ordinary mitigating
3. A qualifying aggravating circumstance to be such
circumstances.
must be alleged in the information. It it is not
- In Art. 14, the circumstances in paragraphs alleged; it is a generic aggravating circumstance
nos. 3 (except dwelling),15,16,17 and 21 only.
are specific aggravating circumstances.
3. Qualifying - those that change the nature of the Aggravating circumstance not alleged
crime to a graver or more serious crime. - an aggravating circumstance, even if not alleged in the
information, may be proved over the objection of the

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defense. This is true only as regards a generic
aggravating circumstance. As regards a qualifying
aggravating circumstance, the same must be alleged in
the information because it is an integral part of the
offense.
PARAGRAPH 1 - THAT ADVANTAGE BE TAKEN BY THE
OFFENDER OF HIS PUBLIC POSITION.
- this is applicable only when the person committing the
crime is a public officer who takes advantage of his
public position.
Meaning of “advantage be taken by the offender of
his public position”
- the public officer must use the influence, prestige or
ascendancy which his office gives him as the means by
which he realizes his purpose. The essence of the
matter is presented in the inquiry, “Did the accused
abuse his office in order to commit the crime?
- When a public officer commits a common crime
independent of his official functions and does acts that
are not connected with the duties of his office, he
should be punished as a private individual without this
aggravating circumstance.
Not aggravating when it is an integral element of, or
inherent in, the offense.
-This circumstance, taking advantage of public position,
cannot be taken into consideration in offenses where
taking advantage of official-position is made by law a
integral element of the crim, such as in malversation or
in falsification of document committed by public. If the
accused could have perpetrated the crime even without
occupying his position, there is no abuse of position.
PARAGRAPH 2 - THAT THE CRIME BE COMMITTED IN
CONTEMPT OF OR WITH INSULT TO THE PUBLIC
AUTHORITIES.
Requisites of this circumstance
1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise of
said functions is not the person against whom the
crime is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from
committing the criminal act.
Meaning of Public Authority
- is a public officer who is directly vested with
jurisdiction, that is, a public officer who has the power
to govern and execute the laws.
Not applicable when crime is committed in the
presence of an agent only.
Example of agent: Chief of Police, barangay policemen,
barangay leader, barrio councilman, etc.
“Agent of a person in authority”
- is any person who, by direct provision of law or by
election or by appointment by competent authority, is
charged with the maintenance of public order and the
protection and security of life and property, such as
barrio councilman, barrio policeman and barangay
leader, and any person who comes to the aid of persons
in authority.
The crime should not be committed against the
public authority.
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- if the crime is committed against a public authority
while he is in the performance of his official duty, the
offender commits direct assault without this aggravating
circumstance, because it is not a crime committed “in
contempt of or with insult” to him, but a crime directly
committed against him.
Knowledge that a public authority is present is
essential.
- lack of knowledge on the part of the offender that a
public authority is present indicates lack of intention to
insult the public.
PARAGRAPH 3 - THAT THE ACT COMMITTED (1)WITH
INSULT OR IN DISREGARD OF THE RESPECT DUE THE
OFFENDED PARTY ON ACCOUNT OF HIS (A) RANK, (B)
AGE, OR (C) SEX, OR (2) THAT IT BE COMMITTED IN
THE DWELLING OF THE OFFENDED PARTY, IF THE
LATTER HAS NOT GIVEN PROVOCATION.
If all the four circumstances are present, they have the
weight of one aggravating circumstance only.
Applicable only to crimes against persons or honor.
- this circumstance (rank, age or sex) may be taken into
account only in crimes against persons or honor.
Meaning of “with insult or in disregard.”
- there must be evidence that in the commission of the
crime, the accused deliberately intended to offend or
insult the sex or age of the offended party.
Not applicable in certain cases:
1. When the offender acted with passion and
obfuscation.
2. When there exists a relationship between the
offended party and the offender.
3. When the condition of being a woman is
indispensable in the commission of the crime.
Example: (a)parricide, (b) rape, (c) abduction, or (d)
seduction
That the crime be committed in the dwelling of the
offended party
-dwelling must be a building or structure, exclusively
used for rest and comfort. A “combination house and
store” or a market stall where the victim slept is not a
dwelling.
- dwelling is considered an aggravating circumstance
primarily because of the sanctity of privacy the law
accords to human abode.
Offended party must not give provocation
-when it is the offended party who has provoked the
incident, he loses his right to the respect and
consideration due him in his own house.
Meaning of provocation in the aggravating
circumstance of dwelling
The provocation must be:
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the crime.
Because the provocation is not immediate, dwelling is
aggravating
Facts: The defendant learned that the deceased and
the former’s wife were maintaining illicit relations.
One night, he went to the house of the deceased and
killed him then and there. During the trial of the case,
the defense contended that the deceased provoked the
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crime by his illicit relations with the defendant’s wife.
Held: That the provocation (the illicit relations) was
not given immediately prior to the commission of the
crime. Dwelling is still aggravating. Even if the
defendant came to know of the illicit relations
immediately before he went to the house of the
deceases, the aggravating circumstance of dwelling
may still be considered against the defendant because
the provocation (the illicit relations) did not take place
in that house. Prosecution must prove that no
provocation was given by the offended party.
Even if the offender did not enter the dwelling, this
circumstance applies.
- it is not necessary that the accused should have
actually entered the dwelling of the victim to commit
the offense; it is enough that the victim was attacked
inside his own house, although the assailant may have
devised means to perpetrate the assault from without.
Even if the killing took place outside the dwelling, it
is aggravating provided that the commission of the
crime began in the dwelling.
- but dwelling was not aggravating in a case where the
deceased was called down from his house and he was
murdered in the vicinity.
What dwelling includes
- dwelling includes dependencies, the foot of the
staircase and enclosure under the house.
When the deceased had two houses where he used to
live, the commission of the crime in any of them is
attended by the aggravating circumstance of dwelling.
Dwelling is not aggravating in the following cases:
1. When both the offender and the offended party
are occupants of the same house and this is true
even if the offender is a servant in the house.
2. When the robbery is committed by the use of
force upon things, dwelling is not aggravating
because it is inherent.
3. In the crime of trespass to dwelling, it is inherent
or included by law in defining the crime. This
crime can only be committed in the dwelling of
another.
4. When the owner of the dwelling gave sufficient
and immediate provocation.
5. When the dwelling where the crime was
committed did not belong to the offended party
6. When the rape was committed in the ground floor
of a two-story structure, the lower floor being
used as a video rental store and not as a private
place of abode or residence.
Dwelling was found aggravating in the following cases
although the crimes were committed not in the
dwelling of the victims:
1. The victim was raped in the boarding house
where she was a bed spacer.
2. The victims were raped in their paternal home
where they were guests at the time and did not
reside there.
3. The victim was killed in the house of her aunt
where she was living with her niece. Dwelling was
considered aggravating because dwelling may
mean temporary dwelling.
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4. The victims, while sleeping as guests in the house
of another person, were shot to death in that
house.
Dwelling is aggravating when the husband killed his
estranged wife in the house solely occupied by her.
In case of adultery
- when adultery is committed in the dwelling of the
husband even if it is also the dwelling of the unfaithful
wife, it is aggravating because besides the latter’s
breach of the fidelity she owes her husband, she and
her paramour violated the respect due to the conjugal
home and they both thereby injured and committed a
very grave offense against the head of the house. BUT
the rule is different if both the defendants (the wife
and her paramour) and the offended party were living in
the same house because the defendants had the right to
be in the house.
The aggravating circumstance present in such case is
abuse of confidence, if the offender availed himself of
the favorable position in which he was placed by the
very act of the injured party, thus grossly abusing the
confidence of the latter in admitting him into his
dwelling.
PARAGRAPH 4 - THAT THE ACT BE COMMITTED WITH
(1) ABUSE OF CONFIDENCE OR (2) OBVIOUS
UNGRATEFULNESS.
Abuse of confidence.
- this circumstance exists only when the offended party
has trusted the offender who later abuses such trust b
committing the crime.
Requisites:
1. That the offended party had trusted the offender
2. That the offender abused such trust by
committing a crime against the offended party.
3. That the abuse of confidence facilitated the
commission of the crime.
Note: There is no abuse of confidence in attempted
rape where on the day of the crime, the accused was in
the company of the offended girl, not because of her
confidence in him, but because they were partners in a
certain business.
The confidence between the offender and the
offended party must be immediate and personal.
- the mere fact that the voters had reposed confidence
in the defendant by electing him to a public office does
not mean that he abused their confidence when he
committed estafa against them.
Ungratefulness must be obvious, i.e., manifest and
clear
PARAGRAPH 5 - THAT THE CRIME BE COMMITTED IN
THE PALACE OF THE CHIEF EXECUTIVE, OR IN HIS
PRESENCE, OR WHERE PUBLIC AUTHORITIES ARE
ENGAGED IN THE DISCHARGE OF THEIR DUTIES, OR IN
A PLACE DEDICATED TO RELIGIOUS WORSHIP.
Place where public authorities are engaged in the
discharge of their duties (par.5), distinguished from
contempt or insult to public authorities. (par.2)
1. In both, the public authorities are in the
performance of their duties.
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2. Under par. 5, the public authorities who are in
the performance of their duties must be in their
office; while in par. 2, the public authorities are
performing their duties outside of their office.
3. Under par.2, the public authority should not be
the offended party; while under par. 5, he may
be the offended party.
Official or religious functions, not necessary.
- the place of the commission of the felony (par.5), if it
is Malacañang palace or a church, is aggravating,
regardless of whether State or official or religious
functions are being held.
- the Chief Executive need not be in Malacañang palace.
His presence alone in any place where the crime is
committed is enough to constitute the aggravating
circumstance. This aggravating circumstance is present
even if he is not engaged in the discharge of his duties
in the place where the crime is committed.
Offender must have intention to commit a crime
when he entered the place.
Facts: At the time of the commission of the crime, both
the deceased and defendant were inside a chapel. The
deceased placed his hand on the right thigh of
defendant girl, who pulled out with her right hand a
fan knife and stabbed him.
Held: The aggravating circumstance that the killing was
done in a place dedicated to religious worship cannot
be legally considered, where there is no evidence to
show that the defendant had murder in her heart when
she entered the chapel on the fatal night.
PARAGRAPH 6 - THAT THE CRIME BE COMMITTED (1) IN
THE NIGHTTIME, OR (2) IN AN UNINHABITED PLACE,
OR (3) BY A BAND, WHENEVER SUCH CIRCUMSTANCE
MAY FACILITATE THE COMMISSION OF THE OFFENSE.
When aggravating:
Nighttime, uninhabited place or band is aggravating --
1. When it facilitated the commission of the crime;
or
2. When especially sought for by the offender to
insure the commission of the crime or for the
purpose of impunity
3. When the offender took advantage thereof for
the purpose of impunity
Nighttime
- that period of darkness beginning at the end of dusk
and ending at dawn. Nights are from sunset to sunrise.
Not aggravating when crime began at daytime.
- when the crime was the result of a succession of acts
which took place within the period of two hours,
commencing at 5pm and ending at 7pm, without a
moment’s interruption in which it can be said that the
thought of nighttime, being the most favorable occasion
for committing the crime, occurred to the accused,
there is no aggravating circumstance of nighttime.
 The commission of the crime must begin and be
accomplished in the nighttime.
 The offense must be actually committed in the
darkness of the night.
 When the place of the crime is illuminated by
light, nighttime is not aggravating.
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 The lighting of a matchstick or use of flashlights
does not negate the aggravating circumstance of
nighttime.
Uninhabited place.
What is uninhabited place?
- is one where there are no houses at all, a place at a
considerable distance from town, or where the houses
are scattered at a great distance from each other.
- the fact that the persons occasionally passed in the
uninhabited place and that on the night of the murder
another hunting party was not at a great distance away,
does not matter. It is the nature of the place which is
decisive.
Solitude must be sought to better attain the criminal
purpose.
- it must appear that the accused sought the solitude of
the place where the crime was committed, in order to
better attain his purpose.
- Not present if the offended party was casually
encountered by the accused and the latter did not take
advantage of the place or there is no showing that it
facilitated the commission of the crime.
By a band
What is a band?
- whenever more than three armed malefactors shall
have acted together in the commission of a offense, it
shall be deemed to have been committed by a band.
- the armed men must act together in the commission of
the crime.
- all the armed men, at least four in number, must take
direct part in the execution of the act constituting the
crime.
Not applicable to crimes against chastity
PARAGRAPH 7 - THAT THE CRIME BE COMMITTED ON
THE OCCASION OF A CONFLAGRATION, SHIPWRECK,
EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR
MISFORTUNE.
Basis
- in the midst of a great calamity, instead of lending aid
to the afflicted, adds to their suffering by taking
advantage of their misfortune to despoil them.
PARAGRAPH 8 - THAT THE CRIME BE COMMITTED WITH
THE AID OF (1) ARMEND MEN, OR (2) PERSONS WHO
INSURE OR AFFORD IMPUNITY.
Requisites:
1. That the armed men or persons took part in the
commission of the crime, directly or indirectly.
2. That the accused availed himself of their aid or
relied upon them when the crime was
committed.
Rule for the application of this circumstances
- the casual presence of armed men near the place
where the crime was committed does not constitute an
aggravating circumstance when it appears that the
accused did not avail himself of their aid or rely upon
them to commit the crime.
Exceptions:
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1. This aggravating circumstance shall not be
considered when both the attacking party and
the party attached were equally armed.
2. This aggravating circumstance is not present
when the accused as well as those who
cooperated with him in the commission of the
crime acted under the same plan for the same
purpose.
“With the aid of armed men” (Par. 8), distinguished
from “by a band.” (Par. 6)
- by a band requires that more than three armed
malefactors shall have acted together in the commission
of an offense. Aid of armed men is present even if one
of the offenders merely relied on their aid, for actual
aid is not necessary.
“Aid of armed men” is absorbed by “employment of
a band.”
PARAGRAPH 9 - THAT THE ACCUSED IS A RECIDIVIST.
Who is a recidivist?
- a recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of the Revised Penal Code.
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses are
embraced in the same title of the Code;
4. That the offender is convicted of the new
offense.
- No recidivism if the subsequent conviction is for an
offense committed before the offense involved in
the prior conviction.
- There is recidivism even if the lapse of time
between two felonies is more than 10 years.
- Pardon does not obliterate the fact that the accused
was a recidivist; but amnesty extinguishes the
penalty and its effects.
PARAGRAPH 10 - THAT THE OFFENDER HAS BEEN
PREVIOUSLY PUNISHED FOR AN OFFENSE TO WHICH
THE LAW ATTACHES AN EQUAL OR GREATER PENALTY
OR FOR TWO OR MORE CRIMES WHICH IT ATTACHES A
LIGHTER PENALTY. (REITERACION)
Requisites:
1. That the accused is on trial for an offense;
2. That he previously served sentence for another
offense to which the law attaches an equal or
greater penalty, or for two or more crimes to
which it attaches lighter penalty than that for
the new offense; and
3. That he is convicted of the new offense.
Recidivism and reiteracion, distinguished.
a. In reiteracion, it is necessary that the offender
shall have served out his sentence for the first
offense; whereas, in recidivism, it is enough that
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a final judgment has been rendered in the first
offense.
b. In reiteracion, the previous and subsequent
offenses must not be embraced in the same title
of the Code; whereas, recidivism, requires that
the offenses be included in the same title of the
Code.
c. Reiteracion is not always an aggravating
circumstance; whereas, recidivism is always to be
taken into consideration in fixing the penalty to
be imposed upon the accused.
The four forms of repetition are:
1. Recidivism (Paragraph 1, Article 14)
2. Reiteracion or habituality. (Paragraph 10, Article
14)
3. Multi-recidivism or habitual delinquency. (Article
62, Paragraph 5)
4. Quasi-recidivism. (Article 160)
Habitual delinquency.
- there is habitual delinquency when a person, within a
period of ten years from the date of his release or last
conviction of the crimes or serious or less serious
physical injuries, robbery, theft, estafa or falsification,
is found guilty of any of said crimes a third time or
oftener. - In habitual delinquency, the offender is either
a recidivist or one who has been previously punished for
two or more offenses (habituality). He shall suffer an
additional penalty for being a habitual delinquent.
Quasi-recidivism.
- any person who shall commit a felony after having
been convicted by final judgment, before beginning to
serve such sentence, or while serving the same, shall be
punished by the maximum period of the penalty
prescribed by law for the new felony.
PARAGRAPH 11 - THAT THE CRIME BE COMMITTED IN
CONSIDERATION OF A PRICE, REWARD OR PROMISE.
Principal by direct participation - the hired killer.
Principal by inducement - the one who offers the
reward.
Price, reward or promise must be for the purpose of
inducing another to perform the deed.
- if without previous promise it was given voluntarily
after the crime had been committed as an expression of
his appreciation for the sympathy and aid shown by the
accused, it should not be taken into consideration for
the purpose of increasing the penalty.
PARAGRAPH 12 - THAT THE CRIME BE COMMITTED BY
MEANS OF INUNDIATION, FIRE, POISON, EXPLOSION,
STRANDING OF A VESSEL OR INTENTIONAL DAMAGE
THERETO, DERAILMENT OF A LOCOMOTIVE, OR BY THE
USE OF ANY OTHER ARTIFICE INVOLVING GREAT
WASTE AND RUIN.
- when another aggravating circumstance already
qualifies the crime, any of these aggravating
circumstances shall be considered as generic
aggravating circumstance only.
- When there is not actual design to kill a person in
burning a house, it is plain arson even if a person is
killed.
- When the crime intended to be committed is arson and
somebody dies as a result thereof, the crime is simply
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arson and the act resulting in the death of that person is
not even an independent crime of homicide, it being
absorbed.
- On the other hand, if the offender had the intent to
kill the victim, burned the house where the latter was,
and the victim dies as a consequence, the crime is
murder, qualified by the circumstance that the crime
was committed “by means of fire”.
- but if a house was set on fire after the killing of the
victim, there would be two separate crimes of arson and
murder or homicide. There would not be an aggravating
circumstance of “by means of fire”.
PARAGRAPH 13 - THAT THE ACT BE COMMITTED WITH
EVIDENT PREMEDITATION.
Essence of premeditation.
- the essence of premeditation is that the execution of
the criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a
calm judgment.
Requisites of evident premeditation:
The prosecution must prove --
1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit has
clung his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and to
allow his conscience to overcome the resolution
of his will.
The date and time when the offender determined to
commit the crime is essential.
- the date and, if possible, the time when the offender
determined to commit the crime is essential, because
the lapse of time for the purpose of the third requisite
is computed from that date and time.
Why sufficient time is required.
- the offender must have an opportunity to coolly and
serenely think and deliberate on the meaning and the
consequences of what he planned to do, an interval long
enough for his conscience and better judgment to
overcome his evil desire and scheme.
When victim is different from that intended,
premeditation is not aggravating.
PARAGRAPH 14 - THAT (1) CRAFT, (2) FRAUD, OR (3)
DISGUISE BE EMPLOYED.
Craft
- involves intellectual trickery and cunning on the part
of the accused.
- is chicanery resorted to by the accused to aid in the
execution of his criminal design. It is employed as a
scheme in the execution of the crime.
Fraud
- insidious words or machinations used to induce the
victim to act in a manner which would enable the
offender to carry out his design.
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How is craft distinguished from fraud?
- when there is a direct inducement by insidious words
or machinations, fraud is present; otherwise, the act of
the accused done in order not to arouse the suspicion of
the victim constitutes craft.
Disguise
- resorting to any devise to conceal identity.
PARAGRAPH 15 - THAT (1) ADVANTAGE BE TAKEN OF
SUPERIOR STRENGTH, OR (2) MEANS BE EMPLOYED TO
WEAKEN THE DEFENSE.
Illustrations of no advantage of superior strength.
1. One who attacks another with passion and
obfuscation does not take advantage of his
superior strength.
2. This aggravating circumstance does not apply
when a quarrel arose unexpectedly and the fatal
blow was struck at a time when the aggressor and
his victim were engaged against each other as
man to man.
Illustrations of abuse of superior strength
1. When a strong man has ill-treated a child, an old or
decrepit person, or one weakened by disease, or where
a person’s physical strength has been overcome by the
use of drugs or intoxicants.
When the attack was made on the victim
alternately, there is no abuse of superior strength.
No abuse of superior strength in parricide against
the wife.
- it is generally accepted that the husband is physically
stronger than the wife.
There is abuse of superior strength when weapon
used is out of proportion to the defense available to
the offended party
When there is an allegation of treachery, superior
strength is absorbed.
Means employed to weaken defense
Example:
1. Where one, struggling with another, suddenly
throws a cloak over the head of his opponent and
while in this situation he wounds or kills him.
2. One who, while fighting with another, suddenly
casts sand or dirt upon the latter’s eyes and then
wounds or kills him, evidently employs means
which weaken the defense of his opponent.
Applicable only to crimes against persons, etc.
PARAGRAPH 16 - THAT THE ACT BE COMMITTED WITH
TREACHERY. (ALEVOSIA)
Meaning of treachery
- there is treachery when the offender commits any of
the crimes against the person, employing means,
methods or forms in the execution thereof which tend
directly and specially to insure its execution, without
risk to himself arising from the defense which the
offended party might make.
- the offended party was not given opportunity to make
a defense.
Rules regarding treachery
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1. Applicable only to crimes against the person.
2. Means, methods or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously adopted.
When the meeting between the accused and the
victim is casual and the attach impulsively done,
there is no treachery even if the attack was sudden
and unexpected.
Requisites of treachery:
1. That at the time of the attach, the victim was
not in a position to defend himself; and
2. That the offender consciously adopted the
particular means, method or form of attach
employed by him.
There is treachery in killing a child
- this is because the weakness of the victim due to his
tender age results in the absence of an danger to the
accused.
Treachery may exist even if the attach is face to
face.
Treachery must be proved by clear and convincing
evidence.
Must treachery be present at the beginning of the
assault?
- even though in the inception of the aggression which
ended in the death of the deceased, treachery was not
present, if there was a break in the continuity of the
aggression and at the time the fatal wound was inflicted
on the deceased, he was defenseless, the circumstance
of treachery must be taken into account.
Summary of the Rules:
1. When the aggression is continuous, treachery
must be present at the beginning of the assault.
2. When the assault was not continuous, in that
there was an interruption, it is sufficient that
treachery was present at the moment the fatal
blow was given.
In treachery, it makes no difference whether or not
the victim was the same person whom the accused
intended to kill.
When there is conspiracy, treachery is considered
against all the offenders.
The mastermind should have knowledge of the
employment of treachery if he was not present when
the crime was committed.
Treachery is inherent in murder by poisoning.
Treachery cannot co-exist with passion and
obfuscation.
- treachery cannot co-exist with passion or obfuscation,
for while in the mitigating circumstance of passion or
obfuscation, the offender loses his reason and self-
control, in the aggravating circumstance of treachery
the mode of attach must be consciously adopted. Once
who loses his reason and self-control could not
deliberately employ a particular means, method or form
of attach in the execution of the crime.
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PARAGRAPH 17 - THAT MEANS BE EMPLOYED OR
CIRCUMSTANCES BROUGHT ABOUT WHICH ADD
IGNOMINY TO THE NATURAL EFFECTS OF THE ACT.
Ignominy, defined.
- is a circumstance pertaining to the moral order, which
adds disgrace and obloquy to the material injury caused
by the crime.
Applicable to crimes against chastity, less serious
physical injuries, light or grave coercion, and
murder.
“Which add ignominy to the natural effects of the
act.”
- according to this clause, the means employed or the
circumstances brought about must tend to make the
effects of the crime more humiliating or to put the
offended party to shame.
Rape is ignominy in robbery with homicide.
PARAGRAPH 18 - THAT THE CRIME BE COMMITTED
AFTER AN UNLAWFUL ENTRY.
Meaning of unlawful entry
- there is unlawful entry when an entrance is effected
by a way not intended for the purpose.
- unlawful entry must be a means to effect entrance
and not for escape.
Dwelling and unlawful entry taken separately in
murders committed in a dwelling.
- when the accused gained access to the dwelling by
climbing through the window and once inside, murdered
certain persons in the dwelling, there were two
aggravating circumstances which attended the
commission of the crimes -- dwelling and unlawful
entry.
Unlawful entry not aggravating in trespass to
dwelling.
PARAGRAPH 19 - THAT AS A MEANS TO THE
COMMISSION OF A CRIME, A WALL, ROOF, FLOOR,
DOOR, OR WINDOW BE BROKEN.
“Self-explanatory”
PARAGRAPH 20 - THAT THE CRIME BE COMMITTED (1)
WITH THE AID OF PERSONS UNDER FIFTEEN YEARS OF
AGE, OR (2) BY MEANS OF MOTOR VEHICLES, AIRSHIPS,
OR OTHER SIMILAR MEANS.
“Other similar means.”
- the expression should be understood as referring to
motorized vehicle or other efficient means of
transportation similar to automobile or airplane. Thus,
if the culprit, before committing and after committing
the crime, rode in a bicycle and escaped, there is no
aggravating circumstance. But it is aggravating if he
used a motorcycle.
PARAGRAPH 21 - THAT THE WRONG DONE IN THE
COMMISSION OF THE CRIME BE DELIBERATELY
AUGMENTED BY CAUSING OTHER WRONG NOT
NECESSARY FOR ITS COMMISSION.
What is cruelty?
- there is cruelty when the culprit enjoys and delights in
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making his victim suffer slowly and gradually, causing
him unnecessary physical pain in the consummation of
the criminal act.
Requisites of cruelty:
1. That the injury caused be deliberately increased
by causing other wrong;
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
The mere fact of inflicting various successive wounds
upon a person in order to cause his death, no
appreciable time intervening between the infliction of
one wound and that of another to show that the
offender wanted to prolong the suffering of his victim,
is not sufficient for taking this aggravating circumstance
into consideration.
THE SAME DEGREE OF THE OFFENDER.
THE INTOXICATION OF THE OFFENDER SHALL BE
TAKEN INTO CONSIDERATION AS A MITIGATING
CIRCUMSTANCE WHEN THE OFFENDER HAS
COMMITTED A FELONY IN A STATE OF INTOXICATION,
IF THE SAME IS NOT HABITUAL OR SUBSEQUENT TO
THE PLAN TO COMMIT SAID FELONY; BUT WHEN THE
INTOXICATION IS HABITUAL OR INTENTIONAL, IT
SHALL BE CONSIDERED AS AN AGGRAVATING
CIRCUMSTANCE.
Definition
- alternative circumstances are those which must be
taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and
the other conditions attending its commission.

Ignominy distinguished from cruelty. The alternative circumstances are:

- ignominy involves moral suffering, while cruelty refers 1. Relationship;
to physical suffering. 2. Intoxication; and
ARTICLE 15. THEIR CONCEPT - ALTERNATIVE 3. Degree of instruction and education of the
CIRCUMSTANCES ARE THOSE WHICH MUST BE TAKEN offender.
INTO CONSIDERATION AS AGGRAVATING OR
MITIGATING ACCORDING TO THE ATURE AND EFFECTS I. Relationship.
OF THE CRIME AND THE OTHER CONDITIONS - the alternative circumstance of relationship shall be
ATTENDING ITS COMMISSION. THEY ARE THE taken into consideration when the offended party is the
RELATIONSHIP, INTOXICATION, AND THE DEGREE OF --
INSTRUCTION AND EDUCATION OF THE OFFENDER. A. Spouse,
B. Ascendant,
THE ALTERNATIVE CIRCUMSTANCE OF RELATIONSHIP C. Descendant,
SHALL BE TAKEN INTO CONSIDERATION WHEN THE D. Legitimate, natural, or adopted brother or sister,
OFFENDED PARTY IS THE SPOUSE, ASCENDANT, or
DESCENDANT, LEGITIMATE, NATURAL, OR ADOPTED E. Relative by affinity in the same degree of the
BROTHER OR SISTER, OR RELATIVE BY AFFINITY IN
offender.
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Other relatives included.
- the relationship of stepfather or stepmother and
stepson or stepdaughter is included by analogy as
similar to that of ascendant and descendant.
- the relationship of adopted parent and adopted child
may also be included, as similar to that of ascendant
and descendant.
- but the relationship between uncle and niece is not
covered by any of the relationships mentioned.
When mitigating and when aggravating.
- as a rule, relationship is mitigating in crimes against
property, by analogy to the provisions of Article 332.
Thus, relationship is mitigating in the crimes of robbery,
usurpation, fraudulent insolvency, and arson.
- in view of the provision of Article 332, when the crime
committed is (1) theft, (2) swindling or estafa, or (3)
malicious mischief, relationship is exempting.
- it is aggravating in crimes against persons in cases
where the offended party is a relative of a higher
degree than the offender, or when the offender and the
offended party are relatives of the same level, as killing
a brother, a brother-in-law, a half-brother, or adopted
brother.
- when the crime against persons is any of the serious
physical injuries, even if the offended party is a
descendant of the offender, relationship is an
aggravating circumstance.
- if the offense of serious physical injuries is committed
by the offender against his child, whether legitimate or
illegitimate, or any of his legitimate other descendants,
relationship is aggravating. But the serious physical
injuries must not be inflicted by a parent upon his child
by excessive chastisement.
When the crime is less serious physical injuries or
slight physical injuries, the ordinary rule applies.
- but when the offense committed is less serious
physical injuries; or slight physical injuries, relationship
is a mitigating circumstance, if the offended party is a
relative of a lower degree of the offender; and an
aggravating circumstance, if the offended party is a
relative of a higher degree of the offender.
When the crime is against persons is homicide or
murder, relationship is aggravating even if the
victim of the crime is a relative of lower degree.
Relationship is mitigating in trespass to dwelling.
Relationship is neither mitigating nor aggravating,
when relationship is an element of the offense.
Examples: Parricide, adultery and concubinage.
In crimes against chastity, relationship is always
aggravating.
II. Intoxication.
A. Mitigating - (1) if intoxication is not habitual, or
(2) if intoxication is not subsequent to the plan to
commit a felony.
B. Aggravating - (1) if intoxication is habitual; or (2)
if it is intentional (subsequent to the plan to
commit a felony).
It is intentional when the offender drinks liquor fully
knowing its effects, to find in the liquor a stimulant to
commit a crime or a means to suffocate any remorse.
The accused’s state of intoxication must be proved.
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Drunkenness must affect mental faculties
- the amount of wine taken must be of such quantity as
to blur the offender’s reason and deprive him of self-
control.
Note: If he was aware of everything that occurred on
that day and he was able to give a detailed account
thereof, intoxication is not mitigating.
“When the intoxication is habitual,”
- a habitual drunkard is one given to intoxication by
excessive use of intoxicating drinks. The habit should be
actual and confirmed, but it is not necessary that it be
continuous or by daily occurrence.
Reasons for alternative circumstance of intoxication.
- as a mitigating circumstance, it finds its reason in the
fact that when a person is under the influence of liquor,
his exercise of will power is impaired.
- as an aggravating circumstance, because it is
intentional, the reason is that the offender resorted to
it in order to bolster his courage to commit a crime.
- it is aggravating when intoxication is habitual, because
the constant use of intoxicating liquor lessens the
individual resistance to evil thoughts and undermines
the will power making himself a potential evildoer
against whose activities, society has the right for its
own protection to impose a more severe penalty.
Presumption is that intoxication is accidental.
- in the absence of proof to the contrary, it will be
presumed that intoxication is not habitual but
accidental, and the fact that the accused was drunk at
the time of the commission of the crime must then be
considered as a mitigating circumstance.
III. Degree of instruction and education of the
offender.
- low degree of instruction and education or lack of it is
generally mitigating. High degree of instruction and
education is aggravating, when the offender avails
himself of his learning in committing the crime.
Lack of sufficient intelligence is required in
illiteracy.
- not illiteracy alone, but also lack of sufficient
intelligence are necessary to invoke the benefit of the
alternative circumstance of lack of instruction, the
determination of which is left to the trial court.
Lack of instruction must be proved by the defense.
The question of lack of instruction cannot be raised
for the first time in the appellate court.
- it is the trial court rather than the appellate court to
find and consider the circumstance of lack of
instruction.
Ordinarily, low degree of lack of instruction is
mitigating in all crimes.
Exception:
1. Not mitigating in crimes against property, such as
estafa, theft, robbery, arson.
2. Not mitigating in crimes against chastity, such as
rape and adultery. No one is so ignorant as not to
know that the crime of rape is wrong and in
violation of the law.
3. Lack of education and instruction cannot mitigate
in the crime of murder because to kill is
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forbidden by natural law which every rational
being is endowed to know and feel.
High degree of instruction is aggravating. High
degree of instruction is aggravating when the
offender availed himself or took advantage of it in
committing the crime.
III. PERSONS LIABLE AND DEGREE OF PARTICIPATION
Art 16. Who are criminally liable. — The following
are criminally liable for grave and less grave
felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
Art 17. Principals. — The following are considered
principals:
1. Those who take a direct part in the execution of
the act
2. Those who directly force or induce others to
commit it
3. Those who cooperate in the commission of the
offense by another act without which it would
not have been accomplished.
Principals by Direct Participation
Requisites for 2 or more to be principals by direct
participation:
a. participated in the criminal resolution
(conspiracy)
b. carried out their plan and personally took
part in its execution by acts which directly
tended to the same end
EX: in the crime of murder with treachery – all the
offenders must at least know that there will be
treachery in executing the crime or cooperate
therein.
Conspiracy – Is unity of purpose and intention.
Implied conspiracy – exists when the offenders acted in
concert with unity of purpose and unity of execution
without having a formal agreement
Establishment of Conspiracy
a. proven by overt act
b. Not mere knowledge or approval
c. It is not necessary that there be formal
agreement.
d. Must prove beyond reasonable doubt
e. Conspiracy is implied when the accused had a
common purpose and were united in
execution.
f. Unity of purpose and intention in the
commission of the crime may be shown in the
following cases:
1. Spontaneous agreement at the moment of
commission of the crime
2. Active Cooperation by all the offenders in the
perpetration of the crime
3. Contributing by positive acts to realization of
a common criminal intent
4. Presence during the commission of the
crime by a band and lending moral
support thereto.
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Principals by Induction
Principals by Inducement are ONLY liable when the
Principal by Direct Participation committed the act
induced
Requisites:
1. Inducement be made directly with the
intention of procuring the commission of the
crime
2. such inducement be the determining cause
of the commission of the crime by the
material executor
Two ways of becoming principal by induction
1. By directly forcing another to commit a crime
(no conspiracy involved)
a) by using irresistible force
b) by causing uncontrollable fear
2. By directly inducing another to commit a crime
a) by giving price or offering reward or promise =
collective criminal responsibility
b) by using words of command
Requisites for words of command to be considered
inducement:
1. Commander has intention of procuring the
commission of the crime
2. Commander has ascendancy or influence
3. Words used be so direct, so efficacious, so
powerful
4. Command be uttered prior to the commission
5. Executor had no personal reason
Principal by induction liable only when
principal by direct participation committed the act
induced. Induction may be by Prize, Reward, or
Promise and/or by Irresistible Force or
Uncontrollable Fear.
Words uttered in the heat of anger and in the
nature of the command that had to be obeyed do not
make one an inductor.
Principals by Indispensable Cooperation
Requisites:
1. Participation in the criminal resolution
2. Cooperation through another act (includes
negligence) there is collective criminal
responsibility when the offenders are criminally
liable in the same manner and to the same
extent. The penalty is the same for all.
There is collective criminal responsibility
when the offenders are criminally liable in the same
manner and to the same extent. The penalty is the
same for all.
There is individual criminal responsibility
when there is no conspiracy.
Distinguish: PRINCIPAL AND CO-CONSPIRATOR
As to criminal liability, Principal is limited to his own
acts while a co- conspirator includes the acts of his
fellow conspirators.
Distinguish: ACCOMPLICE AND CONSPIRATOR
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As to CRIMINAL INTENT, conspirators know the
criminal intention because they themselves have
decided upon such course of action.
Accomplices come to know about it after the
principal have reached the decision, and only then
they do agree to cooperate in its execution.
As to DECISION to commit the crime, conspirators
decide that a crime should be committed;
accomplices do not decide whether the crime should
be committed, they merely assent to the plan and
cooperate in its accomplishment.
As to their PARTICIPATION, conspirators are the
authors of the crime; accomplices are merely their
instruments who perform acts not essential to the
perpetration of the offense.
Art. 18. Accomplices. — are those persons
who, not being included in Art.17 cooperate in the
execution of the offense by previous or
simultaneous acts.
Requisites:
a. there be a community of design (principal
originates the design, accomplice only
concurs)
b. he cooperates in the execution by previous or
simultaneous acts, intending to give material
and moral aid (cooperation must be knowingly
done, it must also be necessary and not
indispensable
c. There be a relation between the acts of the
principal and the alleged accomplice
Examples:
a) Juan was choking Pedro. Then Tomas ran up and
hit Pedro with a bamboo stick. Juan continued to
choke Pedro until he was dead. Tomas is only an
accomplice because the fatal blow came from
Juan.
b) Lending a dagger to a killer, knowing the latter’s
purpose.
 An accomplice has knowledge of the criminal design
of the principal and all he does is concur with his
purpose.
 The accomplice does not conspire with the principal
although he cooperated in the execution of the
criminal act.
 There must be a relation between the acts done by
the principal and those attributed to the person
charged as an accomplice
 In homicide or murder, the accomplice must not
have inflicted the mortal wound.
Art. 19. Accessories. — Accessories are those who,
having knowledge of the commission of the crime,
and without having participated therein, either as
principals or accomplices, take part subsequent to
its commission in any of the following manners:
1. By profiting themselves or assisting the
offender to profit by the effects of the crime.
2. By concealing or destroying the body of
the crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. By harboring, concealing, or assisting in
the escape of the principals of the crime, provided
the accessory acts with abuse of his public
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functions or whenever the author of the crime is
guilty of treason, parricide, murder, or an attempt
to take the life of the Chief Executive, or is known
to be habitually guilty of some other crime.
GR: When the principal acquitted, the accessory is also
acquitted.
XPN: When the crime was in fact committed but the
principal is covered by exempting circumstances.
Trial of accessory may proceed without
awaiting the result of the separate charge against
the principal because the criminal responsibilities
are distinct from each other.
Example of Par 1: person received and used property
from another, knowing it was stolen
 One can be an accessory not only by profiting
from the effects of the crime but also by assisting
the offender to profit from the effects of the
crime.
 The accessory however should not take the
property without the consent of the principal or
accomplice in possession of the same, otherwise
he is a principal in the crime of theft since a
stolen property can also be subject of theft or
robbery.
Example of Par 2: placing a weapon in the hand of the
dead who was unlawfully killed to plant evidence, or
burying the deceased who was killed by the principals
Destroying the corpus delicti
he body of the crime however does not only mean the
body of the person killed. This phrase refers to
CORPPUS DELICTI – that is, the body or the substance of
the offense (People vs. Bantagan, 54 Phil. 841). Corpus
delicti means the fact that a crime has actually been
committed. (People vs. Madlangbayan, 94 SCRA 685)
 When the crime is robbery or theft, with respect
to the second involvement of an accessory, do
not overlook the purpose which must be to
prevent discovery of the crime.
 The corpus delicti is not the body of the person
who is killed, even if the corpse is not recovered,
as long as that killing is established beyond
reasonable doubt, criminal liability will arise and
if there is someone who destroys the corpus
delicti to prevent discovery, he becomes an
accessory.
 While the body of the victim is a part of the term
corpus delicti by itself. The body of the crime
may refer to the instrument used in the
commission of the crime such as knife, poison,
gun or any material evidence relevant to prove or
establish he commission of the crime.
Example: Where the wife misled the authorities
informing them that the person who killed her husband
was a thief who has fled, when in truth, the killer was
her paramour, the wife is liable as an accessory for
concealing the body of the crime.
Example of Par 3: a) public officers who harbor,
conceal or assist in the escape of the principal of any
crime (not light felony) with abuse of his public
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functions, b) private persons who harbor, conceal or
assist in the escape of the author of the crime – guilty of
treason, parricide, murder or an attempt against the
life of the President, or who is known to be habitually
guilty of some crime.
HARBORING OR CONCEALING AN OFFENDER
 In the case of a public officer, the crime
committed by the principal is immaterial. Such
officer becomes an accessory by the mere fact
that he helped the principal to escape by
harboring or concealing, making use of his public
function and thus abusing the same.
 On the other hand, in case of a civilian, the mere
fact that he harbored concealed or assisted the
principal to escape does not ipso facto make him
an accessory. The law requires that the principal
must have committed the crime of treason,
parricide, murder or attempt on the life of the
Chief Executive. If this is not the crime, the
civilian does not become an accessory unless the
principal is known to be habitually guilty of some
other crime.
Liability: the responsibility of the accessory is
subordinate to that of a principal in a crime because
the accessory’s participation therein is subsequent to
its commission, and his guilt is directly related to the
principal. If the principal was acquitted by an
exempting circumstance the accessory may still be
held liable.
Two situations where accessories are not criminally
liable:
a. When the felony committed is a light felony;
b. When the accessory is related to the principal as
spouse, or as an ascendant, or descendant or as
brother or sister whether legitimate, natural or
adopted or where the accessory is a relative by
affinity within the same degree, unless the
accessory himself profited from the effects or
proceeds of the crime or assisted the offender
to profit therefrom.
Difference of accessory from principal and
accomplice:
a. Accessory does not take direct part or
cooperate in, or induce the commission of the
crime
b. Accessory does not cooperate in the
commission of the offense by acts either prior
thereto or simultaneous therewith
c. Participation of the accessory in all cases always
takes place after the commission of the crime
d. Takes part in the crime through his knowledge
of the commission of the offense.
Art. 20. Accessories who are EXEMPT from criminal
liability. — The penalties prescribed for accessories
shall not be imposed upon those who are such with
respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same
degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the
next preceding article.
Basis: Ties of blood and the preservation of the
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cleanliness of one’s name which compels one to Art. 21. Penalties that may be imposed. — No
conceal crimes committed by relatives so near as felony shall be punishable by any penalty not
those mentioned. prescribed by law prior to its commission.

EX: Only accessories covered by par 2 and 3 are
exempted.
Accessories are not exempt when they helped a
relative-principal by profiting from the effects of the
crime, or assisted the offender to profit from the
effects of the crime.
Public officer who helped his guilty brother
escape does not incur criminal liability as ties of blood
constitute a more powerful incentive than the call of
duty.
C. Penalties
Guarantees that no act of a citizen will be considered
criminal unless the State has made it so by law and
provided a penalty.
GENERAL PRINCIPLES
i. Nulla poena sine lege
The Government is prohibited from imposing
punishment to any person for a felony with any penalty
which has not been prescribed by the law.
REASON: An act or omission cannot be punished by the
State if at the time it was committed there was no law
prohibiting it, because a law cannot be rationally
obeyed unless it is first shown, and a man cannot be
expected to obey an order that has not been given.

The purpose of the State in imposing penalties is to Note: It has no application to any of the provisions of
secure justice. the RPC for the reason that for every felony defined in
the Code, a penalty has been prescribed
Theories Justifying penalty:
Prevention, Self – defense, Reformation, ii. Must be individual and definite
Exemplarity, and Justice. Penalties must be individual, i.e., not shared, and
definite, e.g., imprisonment, fine, imprisonment and
3-Fold Purpose of Penalty: fine, imprisonment or fine; but not imprisonment
a. Retribution or Expiation – penalty and/or fine.
commensurate with the gravity of the offense
b. Correction or Reformation – rules which regulate iii. Court must impose the prescribed penalty, even
the execution of penalties consisting of if it is excessive.
deprivation of liberty In case of excessive penalties, the court must still
c. Social Defense – inflexible severity to recidivists impose the penalty but it shall recommend reduction,
and habitual delinquents commutation, or other actions to the Chief Executive.
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(Art. 5, RPC)
RA 9346 expressly repealed RA 8177 or “Act
Designating Death by Lethal Injection” and RA 7659 or
“Death Penalty Law.”
RA 9346 repealed all the other laws imposing death
penalty.
Sec. 2 states that: “In lieu of the death penalty,
the following shall be imposed:
a. The penalty of reclusion perpetua, when the law
violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or
b. The penalty of life imprisonment, when the law
violated does not make use of the nomenclature of the
penalties of the Revised Penal Code.”
Art. 22. Retroactive effect of penal laws. — Penal
Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been
pronounced and the convict is serving the same.
GR: Criminal laws are given prospective effects
XPN: Give retroactive effect when favorable to the
accused. Ex. Special law made the penalty less severe –
but must refer to the same deed or omission penalized
by the former statute.
XPN to XPN: Habitual criminal (person who within the
pd of 10 years from date of release or last conviction
of the crimes of serious or less serious physical
injuries, robbery, theft, estafa or falsification, he is
found guilty of any said crimes a third time or oftener)
is NOT entitled to the benefit of the provisions of the
new favorable law.
Civil liabilities not covered by Art 22 because rights of
offended persons are not within the gift of arbitrary
disposal of the State. But new law increasing civil
liability cannot be given retroactive effect.
Art. 23. Effect of pardon by the offended party. — A
pardon of the offended party does not extinguish
criminal action except as provided in Article 344 of
this Code; but civil liability with regard to the
interest of the injured party is extinguished by his
express waiver.
XPN: Art 344 - crimes of seduction, abduction, rape or
acts of lasciviousness – pardon must be expressed.
Pardon under Art 344 is only a bar to criminal
prosecution. It DOES NOT extinguish criminal liability.
It is not one of the causes that totally extinguish
criminal liability in Art 89.
Even if injured party already pardoned the
offender – fiscal can still prosecute. Not even
considered a ground for dismissal of the information.
Basis: crime is an offense against the State. Aggrieved
party only a witness.
PARDON
a. express or implied pardon in crimes of adultery and
concubinage
b. express pardon in Seduction, Abduction, Rape, Acts
of lasciviousness,
Concubinage
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penalties which may be imposed according to this

 Pardon does not extinguish criminal and civil Code, and their different classes, are those included
liability but only becomes a bar to criminal in the following:
prosecution
 Pardon must be given before institution of Scale
criminal prosecution; after the institution of
criminal action, the only act that extinguishes PRINCIPAL PENALTIES
penal action is marriage between the offender
and offended party Capital punishment:
 Civil liability, in any crime, may be extinguished Death.
by express waiver
Afflictive penalties:
Art. 24. Measures of prevention or safety which are,
Reclusion perpetua, Reclusion temporal, Perpetual or
nor considered penalties. — The following shall not
temporary absolute disqualification, Perpetual or
be considered as penalties:
temporary special disqualification, Prision mayor.
a. The arrest and temporary detention of
accused persons, as well as their detention by
Correctional penalties:
reason of insanity or imbecility, or illness
Prision correccional, Arresto mayor, Suspension,
requiring their confinement in a hospital.
Destierro.
b. The commitment of a minor to any of the
institutions mentioned in Article 80 and for
Light penalties:
the purposes specified therein.
Arresto menor, Public censure.
c. Suspension from the employment of public
office during the trial or in order to institute
Penalties common to the three preceding classes:
proceedings.
Fine, and Bond to keep the peace.
d. Fines and other corrective measures which,
in the exercise of their administrative
ACCESSORY PENALTIES
disciplinary powers, superior officials may
impose upon their subordinates.
Perpetual or temporary absolute disqualification,
e. Deprivation of rights and the reparations
Perpetual or temporary special disqualification,
which the civil laws may establish in penal
Suspension from public office, the right to vote and
form.
be voted for, the profession or calling; Civil
interdiction, Indemnification, Forfeiture or
CLASSIFICATION OF PENALTIES
confiscation of instruments and proceeds of the
offense; Payment of costs.
Art. 25. Penalties which may be imposed. — The
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Distinguish: Reclusion Perpetua is a penalty for serious
offenses penalized under the RPC, while, Life
Imprisonment is a penalty for serious offenses penalized
under special laws.
Principal Penalties – those expressly imposed by the
court in the judgment of conviction.
1. Divisible Penalties – those that have fixed duration
and are divisible into three periods.
2. Indivisible Penalties – those that have no fixed
duration.
Accessory Penalties – those that are deemed included
in the imposition of the principal penalties.
Classification according to Subject – matter:
Corporal (death), Deprivation of Freedom (reclusion,
prision, arresto), Restriction of Freedom (destierro),
Deprivation of Rights (disqualification and suspension),
and Pecuniary (fine)
Classification according to their gravity:
Capital, Afflictive, Correctional, and Light
Art. 26. When afflictive, correctional, or light
penalty. — A fine, whether imposed as a single of as
an alternative penalty, shall be considered an
afflictive penalty, if it exceeds 6,000 pesos; a
correctional penalty, if it does not exceed 6,000
pesos but is not less than 200 pesos; and a light
penalty if it less than 200 pesos.
Art. 27. Reclusion perpetua. — Any person
sentenced to any of the perpetual penalties shall be
pardoned after undergoing the penalty for thirty
years, unless such person by reason of his conduct
or some other serious cause shall be considered by
the Chief Executive as unworthy of pardon.
Reclusion temporal. — The penalty of reclusion
temporal shall be from twelve years and one day to
twenty years.
Prision mayor and temporary disqualification. — The
duration of the penalties of prision mayor and
temporary disqualification shall be from six years
and one day to twelve years, except when the
penalty of disqualification is imposed as an
accessory penalty, in which case its duration shall
be that of the principal penalty.
Prision correccional, suspension, and destierro. —
The duration of the penalties of prision
correccional, suspension and destierro shall be from
six months and one day to six years, except when
suspension is imposed as an accessory penalty, in
which case, its duration shall be that of the
principal penalty.
Arresto mayor. — The duration of the penalty of
arresto mayor shall be from one month and one day
to six months.
Arresto menor. — The duration of the penalty of
arresto menor shall be from one day to thirty days.
Bond to keep the peace. — The bond to keep the
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peace shall be required to cover such period of
time as the court may determine.
Destierro is imposed in the following circumstances:
a. Serious physical injuries or death under
exceptional circumstances
b. Failure to give bond for good behavior
c. Penalty for the concubine
d. In cases where the reduction of the penalty by
one or more degrees results in destierro
Bond to keep the peace is not specifically
provided as a penalty for any felony and therefore
cannot be imposed by the court. It is required in Art
284 and not to be given in cases involving other
crimes.
Summary:
a. Perpetual penalties – after 30 years, can be
pardoned, except when he is unworthy of
pardon by reason of his conduct and some
other serious cause, it won’t exceed 40 years.
b. Reclusion Temporal – 12 yrs and 1 day to 20 yrs.
c. Prision Mayor and temporary disqualification –
6 yrs and 1 day to 12 yrs; disqualification if
accessory follows the duration of the principal
penalty.
d. Prision Correccional, suspension and destierro
– 6 mos and 1 day to 12 yrs; disqualification if
accessory follows the duration of the principal
penalty.
e. Arresto Mayor – 1 month and 1 day to 6 months.
f. Arresto Menor – 1 day to 30 days.
g. Bond to keep the peace – the period during
which the bond shall be effective is
discretionary to the court.
CLASSIFICATIONS OF PENALTIES
Major Classification
1. PRINCIPAL PENALTIES – those expressly
imposed by the court in the judgment of
conviction.
2. ACCESSORY PENALTIES – those that are
deemed included in the imposition of the
principal penalties.
3. SUBSIDIARY PENALTIES – those imposed in lieu
of principal penalties, i.e., imprisonment in
case of inability to pay the fine.
Penalties that are either principal or accessory:
 Perpetual or temporary absolute
disqualification
 Perpetual or temporary special
disqualification
 Suspension
These may be principal or accessory penalties,
because they are formed in the 2 general classes.
Other Classifications of Penalties
1. According to their divisibility
a. Divisible
i. those that have fixed duration
ii. divisible into three periods
b. Indivisible
i. those which have no fixed duration
ii. Death
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iii. Reclusion perpetua

iv. Perpetual absolute or special
disqualification
v. Public censure

2. According to subject-matter

a. Corporal (death)
b. Deprivation of freedom (reclusion, prision,
arresto)
c. Restriction of freedom (destierro)
d. Deprivation of rights (disqualification and
suspension)
e. Pecuniary (fine)

3. According to their gravity

a. Capital
b. Afflictive
c. Correctional
d. Light

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PENALTY DURATION EFFECTS ACCESSORY

Capital punishment

Death indivisible

1. PAD
Death when not executed
2. Civil interdiction 30
due to pardon or
years from
commutation
sentence
Afflictive penalties
20 years and 1 1. PAD
Reclusion perpetua day to 40 years 2. Civil interdiction for
(indivisible) life
1. Deprivation of public office,
even if by election
2. Deprivation of right to vote
Perpetual absolute
for life & be voted for
disqualification (PAD)
3. Disqualification from public
office held
4. Loss of retirement rights
1. Deprivation of office,
employment, profession, or
Perpetual special
for life calling affected
disqualification (PSD)
2. Disqualification from similar
offices or employments
1. PAD
12 years and 1 2. Civil interdiction for
Reclusion temporal
day to 20 years duration of
sentence
6 years and 1
1. TAD
Prision mayor day
2. PSD of suffrage
to 12 years

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1. Deprivation of public office,

even if by election
2. Deprivation of right to vote
Temporary absolute 6 years and 1 & be voted for during
disqualification (TAD) day sentence
to 12 years
3. Disqualification from public
office held during sentence
4. Loss of retirement rights
1. Deprivation of office,
Temporary special 6 years and 1 employment, profession, or
disqualification (TSD) day calling affected
to 12 years 2. Disqualification from similar
offices or employments

PENALTY DURATION EFFECTS ACCESSORY

Correctional penalties
1. Suspension from
Prision correccional public office
6 months and 2. Suspension from
1 day profession or calling
to 6 years 3. PSD of suffrage, if
the duration of
imprisonment
exceeds 18 mos.
1. Public office 1. Suspension of right
Suspension 6 months and 2. Profession or calling to hold office
1 day 3. Suffrage 2. Suspension of the
to 6 years right of suffrage
Prohibition to enter w/in 25-250
6 months and
Destierro km radius from the designated
1 day

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to 6 years place

Arresto mayor 1 month and 1

day
to 6 months

Light penalties
Suspension of right to
Arresto menor 1 day to 30 days hold office and right of
suffrage

Public censure

Penalties common to all Three types

Fine

Bond to keep the As determined

peace by the Court

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Art. 28. Computation of penalties. — If the offender
shall be in prison, the term of the duration of the
temporary penalties shall be computed from the day
on which the judgment of conviction shall have
become final.
If the offender be not in prison, the term of the
duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the
offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The
duration of the other penalties shall be computed
only from the day on which the defendant
commences to serve his sentence.
Director of Prisons/warden to compute based on Art
28:
a. When the offender is in prison – the duration of
the temporary penalties (PAD, TAD, detention,
suspension) is from the day on which the
judgment of conviction becomes final.
b. When the offender is not in prison – the
duration of the penalty in deprivation of liberty
is from the day that the offender is placed at
the disposal of judicial authorities for the
enforcement of the penalty
c. The duration of the other penalties – the
duration is from the day on which the offender
commences to serve his sentence
Reason for rule (a) – because under Art 24, the arrest
and temporary detention of the accused is not
considered a penalty.
If in custody, the accused appealed, the service of
the sentence should commence from the date of the
promulgation of the decision of the appellate court,
not from the date of the judgment of the trial court
was promulgated.
Service of one in prison begins only on the day the
judgment of conviction becomes final.
In cases if temporary penalties, if the offender is
under detention, as when undergoing preventive
imprisonment, rule (a) applies.
If not under detention (released on bail) rule (c)
applies; Offender under preventive imprisonment,
rule (c) applies not rule (a)
The offender is entitled to a deduction of full-time or
4/5 of the time of his detention.
Art. 28. Computation of penalties. — If the offender
shall be in prison, the term of the duration of the
temporary penalties shall be computed from the day
on which the judgment of conviction shall have
become final.
If the offender be not in prison, the term of the
duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the
offender is placed at the disposal of the judicial
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authorities for the enforcement of the penalty. The
duration of the other penalties shall be computed
only from the day on which the defendant
commences to serve his sentence.
Director of Prisons/warden to compute based on Art
28:
a. When the offender is in prison – the duration
of the temporary penalties (PAD, TAD,
detention, suspension) is from the day on
which the judgment of conviction becomes
final.
b.When the offender is not in prison – the
duration of the penalty in deprivation of
liberty is from the day that the offender is
placed at the disposal of judicial authorities
for the enforcement of the penalty
c. The duration of the other penalties – the
duration is from the day on which the
offender commences to serve his sentence
Reason for rule (a) – because under Art 24, the arrest
and temporary detention of the accused is not
considered a penalty.
If in custody, the accused appealed, the service of the
sentence should commence from the date of the
promulgation of the decision of the appellate court,
not from the date of the judgment of the trial court
was promulgated.
Service of one in prison begins only on the day the
judgment of conviction becomes final.
In cases if temporary penalties, if the offender is
under detention, as when undergoing preventive
imprisonment, rule (a) applies.
If not under detention (released on bail) rule (c)
applies; Offender under preventive imprisonment,
rule (c) applies not rule (a)
The offender is entitled to a deduction of full-time or
4/5 of the time of his detention.
Rules on the computation of penalties
1. When the offender is in prison– the duration of
temporary penalties is from the day on which
the judgment of
conviction becomes final.
2. When the offender is not in prison– the duration
of penalty consisting in deprivation of liberty, is
from the day that the offender is placed at the
disposal of judicial authorities for the
enforcement of the penalty.
3. 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. Temporary absolute disqualification
2. Temporary special disqualification
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3. Suspension
Rules in cases of temporary penalties:
 If offender is under detention, as when he is
undergoing preventive imprisonment, Rule No. 1
applies.
 If not under detention, because the offender has
been released on bail, Rule No. 3 applies.
Examples of penalties consisting in deprivation of
liberty:
1. Imprisonment
2. Destierro
Rules in cases of deprivation of liberty:
 When the offender is not in prison, Rule No. 2
applies.
 If the offender is undergoing preventive
imprisonment, Rule No. 3 applies but the offender
is entitled to a deduction of full time or 4/5 of the
time of his detention.
Art. 29. Period of preventive imprisonment
deducted from term of imprisonment. — Offenders
who have undergone preventive imprisonment shall
be credited in the service of their sentence
consisting of deprivation of liberty, with the full
time during which they have undergone preventive
imprisonment, if the detention prisoner agrees
voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners,
except in the following cases:
1. When they are recidivists or have been
convicted previously twice or more times of any
crime; and
2. When upon being summoned for the
execution of their sentence they have failed to
surrender voluntarily. If the detention prisoner does
not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be
credited in the service of his sentence with four-
fifths of the time during which he has undergone
preventive imprisonment. (As amended by Republic
Act 6127, June 17, 1970). cd i
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, he shall be released
immediately without prejudice to the continuation
of the trial thereof or the proceeding on appeal, if
the same is under review. In case the maximum
penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days
of preventive imprisonment. (As amended by E.O.
No. 214, July 10, 1988)
Prescription of A Crime – is the loss/forfeiture of the
right of the state to prosecute the offender after the
lapse of a certain time.
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Prescription of Penalty - means the loss/forfeiture of
the right of government to execute the final sentence
after the lapse of a certain time.
Art. 30. Effects of the penalties of perpetual or
temporary absolute disqualification. — The
penalties of perpetual or temporary absolute
disqualification for public office shall produce the
following effects:
1. The deprivation of the public offices and
employments which the offender may have held
even if conferred by popular election.
2. The deprivation of the right to vote in any
election for any popular office or to be elected to
such office.
3. The disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned.
In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2 and
3 of this article shall last during the term of the
sentence.
4. The loss of all rights to retirement pay or
other pension for any office formerly held.
EX: (1) deprivation of the public office or
employment; (2) loss of all rights to retirement pay
or other pension for any office formerly held.
The exclusion is a mere disqualification for
protection and not for punishment – the withholding
of a privilege, not a denial of a right.
Perpetual absolute disqualification is effective during
the lifetime of the convict and even after the service
of the sentence.
Temporary absolute disqualification is effective
during the term of sentence and is removed after the
service of the same.
Effects of Perpetual and temporary absolute
disqualification:
a. Deprivation of any public office or employment of
offender
b. Deprivation of the right to vote in any election or
to be voted upon
Loss of rights to retirement pay or pension d 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.
Art. 31. Effect of the penalties of perpetual or
temporary special disqualification. — The penalties
of perpetual or temporal special disqualification for
public office, profession or calling shall produce the
following effects:
1. The deprivation of the office, employment,
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profession or calling affected;
2. The disqualification for holding similar offices
or employments either perpetually or during the
term of the sentence according to the extent of
such disqualification.
Art. 32. Effect of the penalties of perpetual or
temporary special disqualification for the exercise
of the right of suffrage. — 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,
according to the nature of said penalty, of the right
to vote in any popular election for any public office
or to be elected to such office. Moreover, the
offender shall not be permitted to hold any public
office during the period of his disqualification.
Temporary disqualification if imposed is an accessory
penalty, its duration is that of the principal penalty
Effects of Perpetual and Temporary Special
Disqualification
A. For public office, profession, or calling
1. Deprivation of the office, employment, profession
or calling affected
2. Disqualification for holding similar offices or
employment during the period of disqualification
B. For the exercise of the right of suffrage
1. Deprivation of the right to vote or to be elected in
an office.
2. Cannot hold any public office duringthe period of
disqualification.
Art. 33. Effects of the penalties of suspension from
any public office, profession or calling, or the right
of suffrage. — The suspension from public office,
profession or calling, 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.
The person suspended from holding public office
shall not hold another having similar functions
during the period of his suspension.
Effects:
a. Disqualification from holding such office or
the exercise of such profession or right of
suffrage during the term of the sentence.
b. Cannot hold another office having similar
functions during the period of suspension.
Art. 34. Civil interdiction. — Civil interdiction shall
deprive the offender during the time of his
sentence of the rights of parental authority, or
guardianship, either as to the person or property of
any ward, of marital authority, of the right to
manage his property and of the right to dispose of
such property by any act or any conveyance inter
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vivos. bond as required he shall be detained for a period

which shall in no case exceed six months, is he shall
Effects: have been prosecuted for a grave or less grave
A. Deprivation of the following rights: felony, and shall not exceed thirty days, if for a
light felony.
1. Parental rights
2. Guardianship over the ward
3. Martial authority Bond to keep the peace is different from bail bond
4. Right to manage property and dispose of the same which is posted for the provisional release of a
by acts inter vivos person arrested for or accused of a crime. Bond to
keep the peace or for good behavior is imposed as a
B. CivilInterdiction is an accessory penalty to the penalty in threats
following principal penalties:
Art. 36. Pardon; its effect. — A pardon shall not
1. If death penalty is commuted to life imprisonment work the restoration of the right to hold public
2. Reclusion perpetua office, or the right of suffrage, unless such rights be
3. Reclusion temporal expressly restored by the terms of the pardon.

A pardon shall in no case exempt the culprit

Art. 35. Effects of bond to keep the peace. — It shall
from the payment of the civil indemnity imposed
be the duty of any person sentenced to give bond to
upon him by the sentence.
keep the peace, to present two sufficient sureties
who shall undertake that such person will not commit
Pardon by the President does not restore the
the offense sought to be prevented, and that in case
right to public office or suffrage except when both are
such offense be committed they will pay the amount
expressly restored in the pardon. Nor does it exempt
determined by the court in the judgment, or
from civil liability/from payment of civil indemnity.
otherwise to deposit such amount in the office of the
clerk of the court to guarantee said undertaking.
Limitations to President’s power to pardon:
The court shall determine, according to its
discretion, the period of duration of the bond. a. can be exercised only after final judgment
b. does not extend to cases of impeachment
Should the person sentenced fail to give the c. does not extinguish civil liability – only

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criminal liability
XPN:
a. If the absolute pardon us granted after the term of
imprisonment has expire, it removes all that is left of
the consequences of conviction. However, if the
penalty is life imprisonment and after the service of
30 years, a pardon is granted, the pardon does not
remove the accessory penalty of absolute perpetual
disqualification
b. if the facts and circumstances of the case show
that the purpose of the President is to precisely
restore the rights i.e., granting absolute pardon after
election to a post (mayor) but before the date fixed
by law for assuming office to enable him to assume
the position in deference to the popular will
Pardon by the offended party – does not
extinguish criminal liability, may include offended
party waiving civil indemnity and it is done before the
institution of the criminal prosecution and extended
to both offenders.
Art. 38. Pecuniary liabilities. — Order of payment.
— In case the property of the offender should not
be sufficient for the payment of all his pecuniary
liabilities, the same shall be met in the following
order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
Applicable “in case property of the offender should
not be sufficient for the payment of all his pecuniary
liabilities.” Hence, if the offender has insufficient or
no property, there is no use for Art 38. Order of
payment is mandatory.
Art. 39. Subsidiary penalty. — If the convict has no
property with which to meet the fine mentioned in
the paragraph 3 of the nest preceding article, he
shall be subject to a subsidiary personal liability at
the rate of one day for each eight pesos, subject
to the following rules:
1. If the principal penalty imposed be prision
correccional or arresto and fine, he shall remain
under confinement until his fine referred to in the
preceding paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third of the
term of the sentence, and in no case shall it
continue for more than one year, and no fraction
or part of a day shall be counted against the
prisoner.
2. When the principal penalty imposed be
only a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, and
shall not exceed fifteen days, if for a light felony.
3. When the principal imposed is higher than
prision correccional, no subsidiary imprisonment
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shall be imposed upon the culprit.
4. If the principal penalty imposed is not to
be executed by confinement in a penal institution,
but such penalty is of fixed duration, the convict,
during the period of time established in the
preceding rules, shall continue to suffer the same
deprivations as those of which the principal penalty
consists.
5. The subsidiary personal liability which the
convict may have suffered by reason of his
insolvency shall not relieve him, from the fine in
case his financial circumstances should improve. (As
amended by RA 5465, April 21, 1969.)
Penalties in which other accessory penalties are
inherent
Art. 40. Death — Its accessory penalties. — The
death penalty, when it is not executed by reason of
commutation or pardon shall carry with it that of
perpetual absolute disqualification and that of civil
interdiction during thirty years following the date
sentence, unless such accessory penalties have
been expressly remitted in the pardon.
Art. 41. Reclusion perpetua and reclusion temporal.
— Their accessory penalties. — 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, and that of perpetual absolute
disqualification which the offender shall suffer even
though pardoned as to the principal penalty, unless
the same shall have been expressly remitted in the
pardon.
Art. 42. Prision mayor — Its accessory penalties. —
The penalty of prision mayor, 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, unless the
same shall have been expressly remitted in the
pardon.
Art. 43. Prision correccional — Its accessory
penalties. — The penalty of prision correccional
shall carry with it that of suspension from public
office, from the right to follow a profession or
calling, and that of perpetual special disqualification
from the right of suffrage, if the duration of said
imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in
the article although pardoned as to the principal
penalty, unless the same shall have been expressly
remitted in the pardon.
Art. 44. Arresto — Its accessory penalties. — The
penalty of arresto shall carry with it that of
suspension of the right to hold office and the right
of suffrage during the term of the sentence.
Art. 45. Confiscation and forfeiture of the proceeds
or instruments of the crime. —Every penalty
imposed for the commission of a felony shall carry
with it the forfeiture of the proceeds of the crime
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and the instruments or tools with which it was
committed.
Such proceeds and instruments or tools shall
be confiscated and forfeited in favor of the
Government, unless they be property of a third
person not liable for the offense, but those articles
which are not subject of lawful commerce shall be
destroyed.
Outline of accessory penalties inherent in principal
penalties:
1. Death – if not executed because of commutation or
pardon
months (unless expressly remitted in the pardon)
Application of Penalties
How to determine penalty to be imposed
General rule: The penalty prescribed by law in general
terms shall be imposed upon the principals for
consummated felony.
Exception: The exception is when the penalty to be
imposed upon the principal in frustrated or attempted
felony is fixed by law.

1. perpetual absolute disqualification Whenever it is believed that the penalty lower by one
2. civil interdiction during 30 years (if not expressly or two degrees corresponding to said acts of execution
remitted in the pardon) is not in proportion to the wrong done, the law fixes a
distinct penalty for the principal in frustrated or
2. Reclusion perpetua and Reclusion temporal attempted felony.

1. civil interdiction for life or during the sentence There are two ways to graduate penalties:
2. perpetual absolute disqualification (unless
1. By Degrees, which is affected by the following
expressly remitted in the pardon)
factors:
3. Prision mayor
a. Stage of Execution (consummated, frustrated,
1. temporary absolute disqualification
or attempted)
2. perpetual absolute disqualification from
suffrage (unless expressly remitted in the b. Extent of Participation (principal, accomplice,
pardon) or accessory)
4. Prision correcional c. Privileged mitigating circumstances
1. suspension from public office, profession or
calling d. Qualifying circumstances
2. perpetual special disqualification from suffrage if
e. Indeterminate Sentence Law (minimum, which
the duration of the imprisonment exceeds 18

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is within the range of the penalty 1° lower than
the penalty prescribed by the RPC)
2. By Periods (for divisible penalties, i.e., penalties
with minimum, medium, and maximum periods), which
is affected by the attendant ordinary
mitigating/aggravating circumstances
Art. 46. Penalty to be imposed upon principals in
general. — The penalty prescribed by law for the
commission of a felony shall be imposed upon the
principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is
general terms, it shall be understood as applicable to
the consummated felony.
Art. 47. In what cases the death penalty shall not
be imposed. — The death
penalty shall be imposed in all cases in which it must
be imposed under existing laws, except in the
following cases:
1. When the guilty person be more than seventy
years of age.
2. When upon appeal or revision of the case by the
Supreme court, all the members thereof are not
unanimous in their voting as to the propriety of
the imposition of the death penalty. For the
imposition of said penalty or for the confirmation
of a judgment of the inferior court imposing the
death sentence, the Supreme Court shall render
its decision per curiam, which shall be signed by
all justices of said court, unless some member or
members thereof shall have been disqualified
from taking part in the consideration of the case,
in which even the unanimous vote and signature
of only the remaining justices shall be required.
Art. 48. Penalty for complex crimes. — When a
single act constitutes two or more grave or less
grave felonies, or when an offense is a necessary
means for committing the other, the penalty for the
most serious crime shall be imposed, the same to be
applied in its maximum period.
The 2 or more grave or less grave felonies must be the
result of a single act, or an offense must be a
necessary means to commit the crime.
Complex crime – one crime only as there is only one
criminal intent – only one information need be filed
2 kinds of complex crimes:
a) Compound Crime – single act constitutes 2 or more
grave or less grave felonies
Requisites:
1) that only one single act is committed by the
offender
2) that the single act produces
a) 2 or more grave felonies
b) one or more grave and one or more less grave
felonies
c) 2 or more less grave felonies
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b)Complex Crime Proper – when an offense is a
necessary means for committing another
Requisites:
1) that at least 2 offenses are committed
2) that one or some of the offenses be necessary
to commit the other
3) that both or all the offenses must be punished
under the same statute
No single act in the following cases:
a. When 2 persons are killed one after the other,
by different acts, although these 2 killings were
the result of a single criminal impulse, the
different acts must be considered as distinct
crimes.
b. When the acts are wholly different, not only in
themselves, but also because they are directed
against 2 different persons, as when one fires
his gun twice in succession, killing one and
injuring the other.
 Light felonies produced by the same act should
be treated and punished as separate offenses or
may be absorbed by the grave felony.
 There is no complex crime of arson w/
homicide
 Art 48 is applicable to crimes through
negligence
 No complex crime when one of the offenses is
penalized by a special law
 “Necessary means” does not mean
“indispensable means”. Indispensable would mean
it is an element of the crime. The crime can be
committed by another mean. The means actually
employed (another crime) was merely to
facilitate and insure the consummation of the
crime.
 When in the definition of a felony, one
offense is a means to commit the other, there
is no complex crime.
 Not complex crime when trespass to dwelling
is a direct means to commit a grave offense.
Like rape, there is no complex crime of
trespass to dwelling with rape. Trespass will
be considered as aggravating (unlawful entry
or breaking part of a dwelling)
 No complex crime when one offense is
committed to conceal another
 There is no complex crime of rebellion with
murder, arson, robbery or other common
crimes. They are mere ingredients of the
crime of rebellion – absorbed already.
 When 2 crimes produced by a single act are
respectively within the exclusive jurisdiction
of 2 courts of different jurisdiction, the court
of higher jurisdiction shall try the complex
crime.
 The penalty for complex crime is the penalty
for the most serious crime, the same to be
applied in its maximum period. If the
different crimes resulting from one single act
are punished with the same penalty, the
penalty for any one of them shall be imposed,
the same to be applied in the maximum
period. The same rule shall be observed when
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an offense is a necessary means to commit the
other.
 When two felonies constituting a complex
crime are punishable by imprisonment and
fine, respectively, only the penalty of
imprisonment shall be imposed.
 When a single act constitutes two grave or less
grave or one grave and another less grave, and
the penalty for one is imprisonment while that
for the other is fine, the severity of the
penalty for the more serious crime should not
be judged by the classification of each of the
penalties involved, but by the nature of the
penalties.
 In the order of severity of the penalties,
arresto mayor and arresto menor are
considered more severe than destierro and
arresto menor is higher in degree than
destierro.
 Fine is not included in the list of penalties in
the order of severity and it is the last in the
order.
 Art 48 applies only to cases where the Code
doesn’t provide a specific penalty for a
complex crime.
Art 48 doesn’t apply when the law provides one single
penalty for single complex crimes like the ff:
a) robbery w/ homicide
b) robbery w/ rape
c) kidnapping w/ serious physical injuries
d) rape w/ homicide
When a complex crime is charged and one offense is
not proven, the accused can be convicted of the
other.
Plurality of crimes – consists in the successive
execution by the same individual of different criminal
acts upon any of w/c no conviction has yet been
declared.
Kinds of plurality of crimes:
a) formal or ideal – only one criminal liability
b) real or material – there are different crimes in law
as well as in the conscience of the offender, in such
cases, the offender shall be punished for each and
every offense that he committed.
Distinguished: In Recidivism, there must be
conviction by final judgment of the first or prior
offense; In Plurality of Crimes, there is no conviction
of any of the crimes committed.
Formal/ideal plural crimes are divided into 3
groups: (a person committing multiple crimes is
punished w/ one penalty in the ff cases)
a) when the offender commits any of the complex
crimes defined in art 48
b) when the law specifically fixes a single penalty for
2 or more offenses committed: robbery w/ homicide,
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kidnapping w/ serious physical injuries
c) when the offender commits continued crimes
Continued crimes – refers to a single crime consisting
of a series of acts but all arising from one criminal
resolution. Although there is a series of acts, there is
only one crime committed, so only one penalty shall
be imposed.
A continued crime is not a complex crime as offender
does not perform a single act but a series of acts.
Therefore:
a) penalty not to be imposed in the maximum
b) no actual provision punishing a continued crime –
it’s a principle applied in connection w/ 2 or more
crimes committed w/ a single intention.
Continued crime is different from a transitory crime.
Transitory crime is “moving crime”.
Art. 49. Penalty to be imposed upon the principals
when the crime committed is different from that
intended. — In cases in which the felony
committed is different from that which the
offender intended to commit; the following rules
shall be observed:
1. If the penalty prescribed for the felony
committed be higher than that corresponding to
the offense which the accused intended to
commit, the penalty corresponding to the latter
shall be imposed in its maximum period.
If the penalty prescribed for the felony
2.
committed be lower than that corresponding to
the one which the accused intended to commit,
the penalty for the former shall be imposed in its
maximum period.
3. The
rule established by the next preceding
paragraph shall not be applicable if the acts
committed by the guilty person shall also
constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the
penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum
period.
Notes:
1. Art. 49 has reference to Art. 4(1). It applies only
when there is error in personae.
2. In Art. 49 (Paragraphs 1 and 2) the lower penalty
in its maximum period is always imposed.
3. In Par. 3 the penalty for the attempted or
frustrated crime shall be imposed in its maximum
period. This rule is not necessary and may well be
covered by Art. 48, in view of the fact that the
same act also constitutes an attempt or a
frustration of another crime
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Art. 50. Penalty to be imposed upon principals of
a frustrated crime. — 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. 51. Penalty to be imposed upon principals of
attempted crimes. — 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.
Art. 52. Penalty to be imposed upon accomplices in
consummated crime.
— 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.
Art. 55. Penalty to be imposed upon accessories of a
frustrated crime. — 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.
Art. 56. Penalty to be imposed upon accomplices in
an attempted crime. — 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.
Art. 57. Penalty to be imposed upon accessories of
an attempted crime. — 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.

Art. 53. Penalty to be imposed upon accessories to

the commission of a consummated felony. — The

CONSUMMATED
penalty lower by two degrees than that prescribed

FRUSTRATED

ATTEMPTED
by law for the consummated felony shall be imposed DIAGRAM OF THE APPLICATION OF
upon the accessories to the commission of a ARTS. 50-57:
consummated felony.

Art. 54. Penalty to imposed upon accomplices in a

frustrated crime. — The penalty next lower in PRINCIPALS 0 1° 2°
degree than prescribed by law for the frustrated
felony shall be imposed upon the accomplices in the
ACCOMPLICES 1° 2° 3°
commission of a frustrated felony. ACCESSORIES 2° 3° 4°

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“0” represents the penalty prescribed by law in
defining a crime, which is to be imposed on the
PRINCIPAL in a CONSUMMATED OFFENSE, in
accordance with the provisions of Art. 46.
The other figures represent the degrees to which the
penalty must be lowered, to meet the different
situations anticipated by law.
Exceptions: Arts. 50 to 57 shall not apply to cases
where the law expressly prescribes the penalty for
frustrated or attempted felony, or to be imposed
upon accomplices or accessories. (Art. 60).
DEGREE - one entire penalty, one whole penalty or
one unit of the penalties enumerated in the graduated
scales provided for in Art. 71.
Each of the penalties of reclusion perpetua, reclusion
temporal, prision mayor, etc., enumerated in the
graduated scales of Art. 71 is a degree.
When there is a mitigating or aggravating
circumstance, the penalty is lowered or increased by
PERIOD only,
Except when the penalty is divisible and there are two
or more mitigating and without aggravating
circumstances, in which case the penalty is lowered
by degree.
PERIOD - one of the three equal portions called the
minimum, medium and maximum of a divisible
penalty.
Distinguished: A degree refers to the penalty
imposable for a felony committed considering the
stages of execution and the degree of participation of
the offender, while, a period refers to the duration of
the penalty consisting of the maximum, medium, and
minimum, after considering the presence or absence
of aggravating circumstances.
Penalty imposed upon an accomplice
GENERAL RULE: An accomplice is punished by a
penalty one degree lower than the penalty imposed
upon the principal.
EXCEPTIONS:
1. The ascendants, guardians, curators, teachers and
any person who, by abuse of authority or
confidential relationship, shall cooperate as
accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of minors,
white slave trade or abduction. (Art. 346)
2. One who furnished the place for the perpetration
of the crime of slight illegal detention. (Art. 268)
Penalty imposed upon an accessory
GENERAL RULE: An accessory is punished by a penalty
two degrees lower than the penalty imposed upon the
principal.
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EXCEPTIONS:
1. When accessory is punished as principal –
knowingly concealing certain evil practices is
ordinarily an act of the accessory, but in Art. 142,
such act is punished as the act of the principal.
2. When accessories are punished with a penalty one
degree lower:
a. Knowingly using counterfeited seal or forged
signature or stamp of the President (Art. 162).
b. Illegal possession and use of a false treasury or
bank note (Art. 168).
c. Using falsified document (Art. 173 par.3)
d. Using falsified dispatch (Art. 173 par. 2)
Art. 58. Additional penalty to be imposed upon
certain accessories. — Those accessories falling
within the terms of paragraphs 3 of Article 19 of
this Code who should act with abuse of their public
functions, shall suffer the additional penalty of
absolute perpetual disqualification if the principal
offender shall be guilty of a grave felony, and that
of absolute temporary disqualification if he shall be
guilty of a less grave felony.
Additional Penalties for Public Officers who are
accessories:
1. Absolute perpetual disqualification, if the principal
offender is guilty of a grave felony.
2. Absolute temporary disqualification if the principal
offender is guilty of less grave felony
Art. 59. Penalty to be imposed in case of failure to
commit the crime because the means employed or
the aims sought are impossible. — When the person
intending to commit an offense has already
performed the acts for the execution of the same
but nevertheless the crime was not produced by
reason of the fact that the act intended was by its
nature one of impossible accomplishment or
because the means employed by such person are
essentially inadequate to produce the result desired
by him, the court, having in mind the social danger
and the degree of criminality shown by the
offender, shall impose upon him the penalty of
arresto mayor or a fine from 200 to 500 pesos.
• Basis for the imposition of proper penalty in
impossible crimes: social danger and degree of
criminality shown by the offender.
Example: Juan fired a revolver at Pedro at the distance
of 2 kilometers. This shows stupidity rather than
danger. Juan should not be punished as there is no
social danger nor degree of criminality. But if Juan was
a convicted felon, act may be punished.
• Article limited to those cases of grave and less grave
felonies.
Art. 60. Exception to the rules established in Articles
50 to 57. — The provisions contained in Articles 50 to
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57, inclusive, of this Code shall not be applicable to
cases in which the law expressly prescribes the
penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or
accessories.
2 cases wherein the accomplice is punished w/ the
same penalty imposed upon the principal:
a. ascendants, guardians, curators, teachers and
any person who by abuse of authority or
confidential relationship shall cooperate as
accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of minors,
white slave trade or abduction.
b. one who furnished the place for the perpetration
of the crime of slight illegal detention.
Accessory punished as principal: Art 142 – punishes an
accessory for knowingly concealed certain evil
practices.
Cases when instead of a penalty 2 degrees lower, one
degree for accessory:
a. knowingly using counterfeited seal or forged
signature or stamp of the President
b. illegal possession and use of false treasury or bank
not
c. using a falsified document
d. using a falsified dispatch
Art. 61. Rules for graduating penalties. — For the
purpose of graduating the penalties which, according
to the provisions of Articles 50 to 57, inclusive, of
this Code, are to be imposed upon persons guilty as
principals of any frustrated or attempted felony, or
as accomplices or accessories, the following rules
shall be observed:
1. When the penalty prescribed for the felony is
single and indivisible, the penalty next lower in
degrees shall be that immediately following that
indivisible penalty in the respective graduated scale
prescribed in Article 71 of this Code.
2. When the penalty prescribed for the crime is
composed of two indivisible penalties, or of one or
more divisible penalties to be impose to their full
extent, the penalty next lower in degree shall be that
immediately following the lesser of the penalties
prescribed in the respective graduated scale.
3. When the penalty prescribed for the crime is
composed of one or two indivisible penalties and the
maximum period of another divisible penalty, the
penalty next lower in degree shall be composed of
the medium and minimum periods of the proper
divisible penalty and the maximum periods of the
proper divisible penalty and the maximum period of
that immediately following in said respective
graduated scale.
4. When the penalty prescribed for the crime is
composed of several periods, corresponding to
different divisible penalties, the penalty next lower
in degree shall be composed of the period
immediately following the minimum prescribed and
of the two next following, which shall be taken from
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the penalty prescribed, if possible; otherwise from d) Arresto Mayor

the penalty immediately following in the above
mentioned respective graduated scale. e) Destierro

5. When the law prescribes a penalty for a crime f) Arresto Menor

in some manner not especially provided for in the g) Public Censure
four preceding rules, the courts, proceeding by
analogy, shall impose corresponding penalties upon h) Fine
those guilty as principals of the frustrated felony, or
of attempt to commit the same, and upon Rule No. 1:
accomplices and accessories.
When the penalty is single and indivisible (ex. RP), the
The rules provided in this Art should also apply in penalty next lower shall be reclusion temporal.
determining the minimum of the Indeterminate
Rule No. 2:
Sentence Law (ISL). It also applies in lowering the
penalty by one or two degrees by reason of the a. when the penalty is composed of two indivisible
presence of the privileged mitigating circumstance or penalties
when the penalty is divisible and there are two or
more mitigating circumstances. Ex. penalty for parricide is reclusion perpetua to
death, the next lower penalty is reclusion temporal
Graduated Scale in Art 71
b. when the penalty is composed of one or more
Indivisible Penalties: divisible penalties to be imposed to their full
extent
a) Death
Ex.
b) Reclusion Perpetua
1) one divisible penalty is reclusion temporal. The
Divisible Penalties:
penalty immediately following RT is prision mayor.
a) Reclusion Temporal
2) 2 divisible penalties are prision correccional to
b) Prision Mayor prision mayor. The penalty immediately preceding the
lesser of the penalties of prision correccional to prision
c) Prision Correccional mayor is arresto mayor.

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Rule No. 3:
When the penalty is composed of 2 indivisible penalties
and the maximum period of a divisible penalty or when
composed of one divisible penalty the maximum of one
divisible penalty
Ex. penalty for murder is reclusion temporal(max) to
death. The point of reference will be on the proper
divisible penalty which is reclusion temporal. Under
the 3rd rule, the penalty next lower to reclusion
temporal is composed of the medium and minimum
periods of reclusion temporal and the maximum of
prision mayor.
Rule No.4:
When the penalty is composed of several periods
Ex. the “several” periods contemplated in this rule
correspond to different divisible penalties. A penalty
of prision mayor in its medium period to reclusion
temporal in its minimum period is an example of such.
The penalty immediately following the minimum of the
entire sentence, which is prision mayor medium, is
prision mayor in its minimum and the 2 periods next
following, which are prision correccional max and
medium.
Rule No.5:
When the penalty has only 2 periods
Ex. Abduction punishable by prision correccional in its
medium and minimum. The next penalty following is
formed by 2 periods to be taken from the same penalty
if possible or from the periods of the penalty
numerically following the lesser of the penalties
prescribed. The penalty next following prision
correccional in its med and min shall be arresto mayor
in its med and max.
Mitigating and Aggravating circumstances are first
disregarded in the application of the rules for
graduating penalties. It is only after the penalty next
lower in degree is already determined that the
mitigating and aggravating circumstances should be
considered
Art. 62. Effect of the attendance of mitigating or
aggravating circumstances and of habitual
delinquency. — 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. 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.
1.(a) When in the commission of the crime,
advantage was taken by the offender of his
public position, the penalty to be imposed shall
be in its maximum regardless of mitigating
circumstances.
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The maximum penalty shall be imposed if the
offense was committed by any person who
belongs to an organized / syndicated crime
group.
An organized / syndicated crime group means a
group of two or more persons collaborating,
confederating, or mutually helping one another
for purposes of gain in the commission of any
crime.
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.
3. Aggravating or mitigating circumstances which
arise from the moral attributes of the offender, or
from his private relations with the offended party, or
from any other personal cause, shall only serve to
aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such
circumstances are attendant.
4. The circumstances which consist in the
material execution of the act, or in the means
employed to accomplish it, 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.
5. 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;
(b) Upon a fourth conviction, 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;
(c) Upon a fifth or additional conviction, 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.
Notwithstanding the provisions of this article, the
total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case
exceed 30 years.
For the purpose of this article, a person shall be
deemed to be habitual delinquent, 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, robo, hurto estafa or falsification,
he is found guilty of any of said crimes a third time or
oftener. (As amended by Section 23 of R.A. no.
7659)
Par 1: Aggravating circumstances are not to be
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taken into account when:
a) they themselves constitute a crime Ex. by “means of
fire” – arson
b) they are included by law in the definition of a crime
Example: the aggravating circumstances of trespass or
“escalamiento” is in itself a crime (Art. 280). The
breaking of a roof, floor or window may constitute
malicious mischief. The burning of anything of value
may constitute arson. These aggravating
circumstances, if considered as felonies, do not
increase the penalty.
Among the aggravating circumstances included in the
definition of a crime are taking advantage of public
position in estafa under Art. 214, abuse of confidence
in qualified theft (Art. 310); the circumstances which
qualify homicide in murder (Art. 248); and the use of
artifice involving great waste and ruin in the crimes
punished in Arts. 324 and 330.
Par 2: Same rules applies when the aggravating
circumstance is inherent in the crime
Example: Relationship is inherent in the crimes of
parricide and infanticide; abuse of confidence is
inherent in malversation, qualified theft, seduction
and estafa; sex is inherent in crimes against chastity;
taking advantage of public position, in crimes
committed by public officers; premeditation is
inherent in robbery, theft, estafa and similar offenses.
Nocturnity, abuse of superiority and craft are absorbed
by treachery and are therefore inherent in murder
qualified by treachery. Premeditation, abuse of
superiority and treachery are inherent in treason.
Par 3. Aggravating or mitigating circumstances
arising from any of the ff affect only those to whom
such circumstances are attendant:
a) from the moral attributes of the offender
b) from his private relations w/ the offended party
c) from any other personal cause
Example: Four malefactors commit homicide. One of
them is under 18. Another is drunk. The third is a
recidivist, and the fourth is neither under age, nor
drunk, nor a recidivist. The first has in his favor the
mitigating circumstances of minority which does not
affect his co-defendants. The second has a different
circumstance in his favor, drunkenness, which does not
extend to the other participants in the crime. The
third has an aggravating circumstance which affects
him only. The fourth shall suffer the penalty
corresponding to him without taking into consideration
the aggravating circumstances affecting one or the
extenuating circumstances affecting the others.
Rule 3 is illustrated in the crime of parricide wherein a
stranger had participated. He is guilty of homicide or
murder and not parricide. In the same manner, the
stranger who participated in the commission of
qualified theft involving abuse of confidence and who
had no confidential relationship with the victim is only
guilty of simple theft. But the rule is different in
malversation. A private individual coordinating with the
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accountable public officer in committing malversation
is a co- principal in the crime.
In homicide, relationship aggravates the liability of the
relative, who is a co- principal, but not of the other
principals who are not related to the victim. Lack of
instruction is mitigating as to the principal, who is
actually illiterate, but not with respect to the other
principals who have educational attainment.
However, in adultery, the privileged mitigating
circumstance of abandonment would benefit both
offenders, even if it was only the offending wife who
was abandoned. (Pp vs. Avelino)
Par 4: the circumstances w/c consist of the ff shall
serve to aggravate and mitigate the liability only of
those who had knowledge of them at the time of the
commission of the offense:
a) material execution of the act
b) means employed to accomplish the crime
Example: A and B killed C. In the execution of the act
of killing, A disguised himself in peace officer which
was not made known to B. The aggravating
circumstance of disguising as a peace officer shall be
appreciated only against A, who employed the same in
the killing of C. It is only logical that A should be made
to suffer a more serious penalty, as the idea is to
affect only those who have knowledge of it at the time
of the execution of the act.
Example: A, B and C agreed to kill X so armed with
guns, they proceeded to the house of the latter
whereupon A told B and C that he would stay in the
yard to prevent any relative of X from helping the
victim. When B and C entered the room of X, and saw
him sleeping, it was C who shot him. The treachery
that attended the commission of the crime shall also
affect B and not only C who treacherously killed X in
his sleep because B had knowledge of the treacherous
act being present actually during the shooting. A’s
liability is not aggravated by treachery as he had no
knowledge of it, being in the yard.
Cases where the attending aggravating or mitigating
circumstances are not considered in the imposition of
penalties:
1. Penalty that is single and indivisible
2. Felonies through negligence
3. Penalty is a fine
4. Penalty is prescribed by a special law
Par 5: Habitual Delinquent is a person who within
the period of 10 years from the date of his (last)
release or last conviction of the crimes of:
a) Falsification is found guilty of any of said crimes a
3rd time or oftener
b) Robbery
c) Estafa
d) Threat
e) Serious or less serious physical injuries
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Ten-year period to be computed from the time of last
release or conviction
Subsequent crime must be committed after conviction
of the former crime. Cases still pending are not to be
taken into consideration.
Rulings on Habitual Delinquency:
a.the law on habitual delinquency does not contemplate
the exclusion from the computation of prior conviction
those falling outside the 10 yr pd immediately
preceding the crime for w/c the defendant is being
tried
b.ten yr pd is counted not from the date of commission
of the subsequent offense but to the date of
conviction thereof in relation to the date of his last
release or last conviction
c. when an offender has committed several crimes
mentioned in the definition of habitual delinquent,
without being first convicted of any of them before
committing the others, he is not a habitual
delinquent
d.convictions on the same day or at about the same
time are considered as one only (days, weeks)
e.crimes committed on the same date, although
convictions on different dates are considered as one
f. previous convictions are considered every time a new
offense is committed
g.commissions of those crimes need not be
consummated
h.habitual delinquency applies to accomplice and
accessories as long as in the crimes specified
i. a crime committed in the minority of the offender is
not counted
j. imposition of additional penalty is mandatory and
constitutional
k. modifying circumstances applicable to additional
penalty
l. habitual delinquency is not a crime, it is simply a
fact or circumstance which if present gives rise to
the imposition of additional penalty
m. penalty for habitual delinquency is a real penalty
that determines jurisdiction
n.a habitual delinquent is necessarily a recidivist
o.in imposing the additional penalty, recidivism is not
aggravating. The additional penalty must be imposed
in its minimum
p.an offender can be a habitual delinquent w/o being a
recidivist
Notes:
 In no case shall be the total penalties imposed
upon the offender exceed 30 years
 The imposition of the additional penalties on
habitual delinquents are constitutional, it is
simply a punishment on future crimes on account
of the criminal propensities of the accused.
 The imposition of such additional penalties is
mandatory.
 Habitual delinquency applies at any stage of the
execution because subjectively, the offender
reveals the same degree of depravity or
perversity as the one who commits a
consummated crime.
 Habitual delinquency applies to all participants
because it reveals persistence in them of the
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inclination to wrongdoing and of the perversity
of character that led them to commit the
previous crime.
 Cases where the attending aggravating or
mitigating circumstances are not considered in
the imposition of penalties.
 Penalty that is single and indivisible; Penalty is a
fine; Penalty is prescribed by a special law
 Felonies through negligence
Art. 63. Rules for the application of indivisible
penalties. — In all cases in which the law prescribes
a single indivisible penalty, it shall be applied by the
courts regardless of any mitigating or aggravating
circumstances that may have attended the
commission of the deed.
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. When in the commission of the deed there is
present only one aggravating circumstance, the
greater penalty shall be applied.
2. When there are neither mitigating nor
aggravating circumstances in the commission of the
deed, the lesser penalty shall be applied.
3. When the commission of the act is attended
by some mitigating circumstances and there is no
aggravating circumstance, the lesser penalty shall be
applied.
5. When both mitigating and aggravating
circumstances attended the commission of the act,
the court shall reasonably allow them to offset one
another in consideration of their number and
importance, for the purpose of applying the
penalty in accordance with the preceding rules,
according to the result of such compensation.
Art 63 applies only when the penalty prescribed by the
Code is either one indivisible penalty or 2 indivisible
penalties
Article 63 must be understood to mean and to refer
only to ordinary mitigating circumstances. It does not
refer to privileged mitigating circumstances.
General rule: When the penalty is composed of 2
indivisible penalties, the penalty cannot be lowered by
one degree no matter how many mitigating
circumstances are present
Exception: in cases of privileged mitigating
circumstances
Par.4: the moral value rather than the numerical
weight shall be taken into account
Rules for the application of indivisible penalties
(summary):
Penalty is single and indivisible – applied regardless
of the presence of aggravating and mitigating
circumstances
Penalty composed of two indivisible penalties
1. One aggravating circumstance present – higher
penalty
2. One mitigating circumstance present – lower penalty
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3. Some mitigating circumstances present and no
aggravating – lower penalty
4. Mitigating and Aggravating Circumstance are present
– basis in number and importance
Art. 64. Rules for the application of penalties which
contain three periods. — In cases in which the
penalties prescribed by law contain three periods,
whether it be a single divisible penalty or composed
of three different penalties, 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, according to
whether there are or are not mitigating or
aggravating circumstances:
1. When there are neither aggravating nor
mitigating circumstances, they shall impose the
penalty prescribed by law in its medium period.
2. When only a mitigating circumstance is present
in the commission of the act, they shall impose the
penalty in its minimum period.
3. When an aggravating circumstance is present in
the commission of the act, they shall impose the
penalty in its maximum period.
4. When both mitigating and aggravating
circumstances are present, the court shall reasonably
offset those of one class against the other according
to their relative weight.
5. When there are two or more mitigating
circumstances and no aggravating circumstances are
present, the court shall impose the penalty next
lower to that prescribed by law, in the period that it
may deem applicable, according to the number and
nature of such circumstances.
6. Whatever may be the number and nature of
the aggravating circumstances, the courts shall not
impose a greater penalty than that prescribed by law,
in its maximum period.
7. Within the limits of each 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.
Art 64 applies when the penalty has 3 periods because
they are divisible. If the penalty is composed of 3
different penalties, each forms a period according to
Art 77
Par 4: the mitigating circumstances must be
ordinary, not privileged. The aggravating
circumstances must be generic or specific, not
qualifying or inherent.
Example: a qualifying circumstance (treachery) cannot
be offset by a generic mitigating circumstance
(voluntary circumstance)
The court has discretion to impose the penalty within
the limits fixed by law
Art 64 not applicable when the penalty is indivisible or
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prescribed by special law or a fine
Rules for the application of divisible penalties
(summary)
1. No aggravating and no mitigating circumstances –
medium period
2. One mitigating circumstance – minimum period
3. One aggravating circumstance – maximum period
4. Mitigating and aggravating circumstance offset each
other and according to relative weight
5. 2 or more mitigating without any aggravating
circumstance – on degree lower
If in the commission of the crime, one aggravating
circumstance is present, and four mitigating
circumstances are likewise left, the offsetting of one
aggravating circumstance will not entitle the accused
to a reduction of his penalty by one degree. You will
only lower the penalty by one degree if it is divisible
and there is absolutely no aggravating circumstance.
Penalty for murder under the Revised Penal Code is
reclusion temporal maximum to death. So, the penalty
would be reclusion temporal maximum – reclusion
perpetua – death. This penalty made up of three
periods.
Art. 65. Rule in cases in which the penalty is not
composed of three periods. — In cases in which the
penalty prescribed by law is not composed of three
periods, the courts shall apply the rules contained in
the foregoing articles, dividing into three equal
portions of time included in the penalty prescribed,
and forming one period of each of the three portions.
COMPUTATIONS:
a. Example: PRISION MAYOR (6 yrs, 1 day to 12 yrs)
1. subtract the minimum (disregard 1 day) from the
maximum
12yrs – 6yrs = 6 yrs
divide the difference by 3
6 yrs / 3 = 2 yrs
2. use the minimum (6 yrs and 1 day) as the minimum
of the minimum period. Then add the 2 yrs
(disregarding the 1 day) to the minimum to get the
maximum of the minimum
6 yrs (minimum of the minimum)
+ 2 yrs (difference)
-------------------------------------------
8 yrs (maximum of the minimum).
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Therefore, minimum period of prision mayor; 6 yrs 1
day to 8 yrs
3. use the maximum of the minimum period as the
minimum of the medium period and add 1 day to
distinguish from the minimum period. Then add 2
years to the minimum of the medium (disregarding
the 1 day) to get the maximum of the medium
period.
8 yrs (minimum of the medium)
+ 2 yrs (difference)
-------------------------------------------
10 yrs (maximum of the medium)
Therefore, medium period of prision mayor; 8 yrs 1
day to 10 yrs
4. use the maximum of the medium period as the
minimum of the maximum pd, add 1 day to
distinguish it from the medium period. Then add 2
yrs to the minimum of the maximum pd
(disregarding the 1 day) to get the maximum of the
maximum period)
10 yrs (maximum of the medium)
+ 2 yrs (difference)
----------------------------------------------
12 yrs (maximum of the maximum)
Therefore, maximum period of prision mayor; 10 yrs
1 day to 12 yrs
*Computation above applicable to all others except
arresto mayor
B. Example: PRISION MAYOR MINIMUM (6 yrs 1 day to
8 yrs) only
1. Subtract minimum from the maximum
8yrs – 6yrs = 2 yrs
2. Divide the difference by 3
2yrs / 3 = 8 months
3. Use the minimum of the given example as the
minimum period. Then to get to get the maximum
of the minimum, add the 8 months
6 yrs + 8 months = 6 yrs and 8 months
Therefore, minimum of prision mayor minimum; 6 yrs
1 day to 6 yrs 8 months
4. Use the maximum of the minimum as the minimum
of the medium period. Add 1 day to distinguish it
from the maximum of the minimum. Add the 8
months and this becomes the maximum of the
medium
6 yrs 8 months + 8 months = 7 yrs 4 months
Therefore, the medium period of prision mayor
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minimum; 6 yrs 8 mos 1 day to 7 yrs 4 mos
5. Use the maximum of the medium as the minimum
period of the maximum period and add 1 day to
distinguish. Add the 8 months to get the maximum
of this maximum
7 yrs 4 mos + 8 mos = 8 yrs
Therefore, maximum of prision mayor; 7 yrs 4 mos 1
day to 8 yrs
Art. 66. Imposition of fines. — In imposing fines the
courts may fix any amount within the limits
established by law; in fixing the amount in each
case attention shall be given, not only to the
mitigating and aggravating circumstances, but more
particularly to the wealth or means of the culprit.
Court must consider the following in imposing the
fine:
a. mitigating and aggravating circumstances
b. the wealth and means of the culprit
When the minimum of the fine is not fixed, the court
shall have the discretion provided it does not exceed
the amount authorized by law
it is not only the mitigating and/or aggravating
circumstances that the court shall take into
consideration, but primarily, the financial capability of
the offender to pay the fine.
If the fine imposed by the law appears to be excessive,
the remedy is to ask the Congress to amend the law by
reducing the fine to a reasonable amount.
Art. 67. Penalty to be imposed when not all the
requisites of exemption of the fourth circumstance
of Article 12 are present.— When all the conditions
required in circumstances Number 4 of Article 12 of
this Code to exempt from criminal liability are not
present, the penalty of arresto mayor in its maximum
period to prision correccional in its minimum period
shall be imposed upon the culprit if he shall have
been guilty of a grave felony, and arresto mayor in its
minimum and medium periods, if of a less grave
felony.
Requisites of Art 12 par 4(Accident)
1. act causing the injury must be lawful
2. act performed w/ due care
3. injury was caused by mere accident
4. no fault or intention to cause injury
if these conditions are not all present, then the ff
penalties shall be imposed:
a) grave felony – arresto mayor max to prision
correccional min
b) less grave felony – arresto mayor min to arresto
mayor med
Art. 68. Penalty to be imposed upon a person under
eighteen years of age. — When the offender is a
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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, the following
rules shall be observed:
1. Upon a person under fifteen but over nine
years of age, who is not exempted from liability by
reason of the court having declared that he acted
with discernment, a discretionary penalty shall be
imposed, but always lower by two degrees at least
than that prescribed by law for the crime which he
committed.
2. Upon a person over fifteen and under eighteen
years of age the penalty next lower than that
prescribed by law shall be imposed, but always in the
proper period.
Notes:
Art. 68 applies to such minor if his application for
suspension of sentence is disapproved or if while in the
reformatory institution, he becomes incorrigible in
which case he shall be returned to the court for the
imposition of the proper penalty.
Art. 68 provides for 2 privileged mitigating
circumstances:
1. under 15 but over 9 and has acted w/ discernment:
2 degrees lower
2. under 18 but over 15: 1 degree lower
If the act is attended by two or more mitigating
circumstance and no aggravating circumstance, the
penalty being divisible a minor over 15 but under 18
may still get a penalty two degrees lower.
Art. 69. Penalty to be imposed when the crime
committed is not wholly excusable. — A penalty
lower by one or two degrees than that prescribed by
law shall be imposed if the deed is not wholly
excusable by reason of the lack of some of the
conditions required to justify the same or to exempt
from criminal liability in the several cases mentioned
in Article 11 and 12, provided that the majority of
such conditions be present. The courts shall impose
the penalty in the period which may be deemed
proper, in view of the number and nature of the
conditions of exemption present or lacking.
Penalty to be imposed when the crime committed is
not wholly excusable - 1 or 2 degrees lower if the
majority of the conditions for justification or
exemption in the cases provided in Arts. 11 and 12 are
present.
THREE-FOLD RULE
The maximum duration of the convict’s sentence shall
not be more than 3x the length of time corresponding
to the most severe of penalties imposed upon him
 applies only when convict has to serve at least four
sentences
 applies although penalties were imposed for
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different crimes, at different times, and under For the purpose of applying the provisions of the
separate informations next preceding paragraph the respective severity of
the penalties shall be determined in accordance with
 subsidiary imprisonment for nonpayment of fine the following scale:
cannot be eliminated as long as the principal
penalty does not exceed 6 years of imprisonment
1. Death,
 Maximum period shall in no case exceed 40 years 2. Reclusion perpetua,
(continuously) 3. Reclusion temporal,
4. Prision mayor,
 Duration of perpetual penalties shall be computed 5. Prision correccional,
at thirty years 6. Arresto mayor,
 Court must impose the penalties for all the crimes 7. Arresto menor,
of which the accused is found guilty, but in the 8. Destierro,
service of the same, they shall not exceed 3x the 9. Perpetual absolute disqualification,
most severe and shall not exceed 40 years. The 10 Temporal absolute disqualification.
computation is for the prison authorities to 11. Suspension from public office, the right to vote
undertake. and be voted for, the right to follow a
profession or calling, and
 Two or more death penalties should be imposed on 12. Public censure.
one convict.
Notwithstanding the provisions of the rule next
Art. 70. Successive service of sentence. — When the preceding, the maximum duration of the convict's
culprit has to serve two or more penalties, he shall sentence shall not be more than three-fold the length
serve them simultaneously if the nature of the of time corresponding to the most severe of the
penalties will so permit otherwise, the following penalties imposed upon him. No other penalty to
rules shall be observed: which he may be liable shall be inflicted after the
sum total of those imposed equals the same
In the imposition of the penalties, the order of their maximum period.
respective severity shall be followed so that they may
be executed successively or as nearly as may be Such maximum period shall in no case exceed forty
possible, should a pardon have been granted as to the years.
penalty or penalties first imposed, or should they
have been served out. In applying the provisions of this rule the duration of

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perpetual penalties (pena perpetua) shall be
computed at thirty years. (As amended by CA#217).
Art. 70 refers to service of sentence. It is therefore
addressed to the jail warden or to the director of
prisons. The court or the judge has no power to
implement Article 70 because the provision is not for
the imposition of penalties. If the penalty by their very
nature can be served simultaneously, then it must be so
served.
Maximum duration of the convict’s sentence: 3 times
the most severe penalty
Max period shall not exceed 40 years
Subsidiary imprisonment – this shall be excluded in
computing for the maximum duration
Example: Juan has 10 sentences of 6 months and 1 day
each and a fine of 1000. He was not able to pay the
fine. Therefore, he must serve subsidiary penalty after
18 months and 3 days in jail.
 Under this rule, when a convict is to serve
successive penalties, he will not actually serve the
penalties imposed by law. Instead, the most severe
of the penalties imposed on him shall be multiplied
by three and the period will be the only term of the
penalty to be served by him. However, in no case
should the penalty exceed 40 years.
 If the sentences would be served simultaneously,
the Three-Fold rule does not govern.
 Although this rule is known as the Three-Fold rule,
you cannot actually apply this if the convict is to
serve only three successive penalties. The Three-
Fold Rule can only be applied if the convict is to
serve four or more sentences successively.
 The chronology of the penalties as provided in
Article 70 of the Revised Penal Code shall be
followed.
 It is in the service of the penalty, not in the
imposition of the penalty, that the Three-Fold rule
is to be applied. The three-Fold rule will apply
whether the sentences are the product of one
information in one court, whether the sentences are
promulgated in one day or whether the sentences
are promulgated by different courts on different
days. What is material is that the convict shall serve
more than three successive sentences.
 For purposes of the Three-Fold Rule, even perpetual
penalties are taken into account. So not only
penalties with fixed duration, even penalties
without any fixed duration or indivisible penalties
are taken into account. For purposes of the Three-
Fold rule, indivisible penalties are given equivalent
of 30 years. If the penalty is perpetual
disqualification, it will be given and equivalent
duration of 30 years, so that if he will have to suffer
several perpetual disqualifications, under the Three-
Fold rule, you take the most severe and multiply it
by three. The Three-Fold rule does not apply to the
penalty prescribed but to the penalty imposed as
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determined by the court. law prescribed a penalty lower or higher by one or

more degrees than another given penalty, the rules
Illustration: prescribed in Article 61 shall be observed in
Penalties imposed are – graduating such penalty.

One prision correcional – minimum - 2 years and 4
months
One arresto mayor - 1 month and 1 day to 6 months
One prision mayor - 6 years and 1 day to 12 years
The lower or higher penalty shall be taken from the
graduated scale in which is comprised the given
penalty.
The courts, in applying such lower or higher penalty,
shall observe the following graduated scales:

 Do not commit the mistake of applying the Three- SCALE NO. 1

Fold Rule in this case. Never apply the Three-Fold 1. Death,
rule when there are only three sentences. Even if 2. Reclusion perpetua,
you add the penalties, you can never arrive at a sum 3. Reclusion temporal,
higher than the product of the most severe 4. Prision mayor,
multiplied by three. 5. Prision correccional,
6. Arresto mayor,
 The common mistake is, if given a situation, 7. Destierro,
whether the Three-Fold Rule could be applied. If 8. Arresto menor,
asked, if you were the judge, what penalty would 9. Public censure,
you impose, for purposes of imposing the penalty, 10. Fine.
the court is not at liberty to apply the Three-Fold
Rule, whatever the sum total of penalty for each SCALE NO. 2
crime committed, even if it would amount to 1,000 1. Perpetual absolute disqualification,
years or more. It is only when the convict is serving 2. Temporal absolute disqualification
sentence that the prison authorities should 3. Suspension from public office, the right to vote
determine how long he should stay in jail. and be voted for, the right to follow a
profession or calling,
 This rule will apply only if sentences are to be 4. Public censure,
served successively. 5. Fine.
Art. 71. Graduated scales. — In the case in which the Provisions common in the last two preceding

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sections
Art. 73. Presumption in regard to the imposition of
accessory penalties. — Whenever the courts shall
impose a penalty which, by provision of law, carries
with it other penalties, according to the provisions of
Articles 40, 41, 42, 43 and 44 of this Code, it must be
understood that the accessory penalties are also
imposed upon the convict.
 subsidiary penalties are deemed imposed. However,
the subsidiary imprisonment must be expressly
stated in the decision.
 The rule that the principal penalty imposed carries
with it the accessory penalties does not mean that
the accused would serve subsidiary imprisonment in
case he is not able to pay the pecuniary liabilities
imposed in the judgment. Subsidiary imprisonment
must be expressly ordered.
Art. 74. Penalty higher than reclusion perpetua in
certain cases. — In cases in which the law prescribes
a penalty higher than another given penalty, without
specially designating the name of the former, if such
higher penalty should be that of death, the same
penalty and the accessory penalties of Article 40,
shall be considered as the next higher penalty.
if the decision or law says higher than RP or 2 degrees
than RT, then the penalty imposed is RP or RT as the
case may be. Death must be designated by name.
However, for the other penalties, this does not apply.
Example: the penalty for crime X is 2 degrees lower
than RP. The penalty imposed is prision mayor.
Art. 75. Increasing or reducing the penalty of fine by
one or more degrees. — Whenever it may be
necessary to increase or reduce the penalty of fine
by one or more degrees, it shall be increased or
reduced, respectively, for each degree, by one-
fourth of the maximum amount prescribed by law,
without however, changing the minimum.
The same rules shall be observed with regard of fines
that do not consist of a fixed amount, but are made
proportional.
To get the lower degree:
Max: reduce by one-fourth
Min: the same
With respect to the penalty of fine, if the fine has to
be lowered by degree either because the felony
committed is only attempted or frustrated or because
there is an accomplice or an accessory participation,
the fine is lowered by deducting 1/4 of the maximum
amount of the fine from such maximum without
changing the minimum amount prescribed by law.
Illustration:
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If the penalty prescribed is a fine ranging from

Entire length Minimum length Medium length Maximum length

Type
Min Max Min Max Min Max Min Max

Reclusion perpetua 30 years

12 years 12 years 14 years 14 years 17 years 17 years

and one 20 years and one and 8 and 8 and 4 and 4 20 years
Reclusion temporal
day day months months months months

Prision mayor and

6 years
temporary 6 years 8 years and 10 years
and one 12 years 8 years 10 years 12 years
and 1 day 1 day and 1 day
disqualification day

Prision correccional, 2 years 2 years, 4 4 years 4 years, 2

6 months 6 months
suspension, 6 years and 4 months and 1 and 2 months 6 years
and one and 1 day
anddestierro months day months and 1 day
day

1 month 2 months 4 months

Arresto mayor 6 months 1 month 2 months 4 months 6 months
and 1 day and 1 day and 1 day

Arresto menor 30 days 30 days

1 day 1 day 10 days 11 days 20 days 21 days

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Art. 77. When the penalty is a complex one
composed of three distinct penalties. — In cases in
which the law prescribes a penalty composed of
three distinct penalties, each one shall form a
period; the lightest of them shall be the minimum the
next the medium, and the most severe the maximum
period.
Whenever the penalty prescribed does not have one
of the forms specially provided for in this Code, the
periods shall be distributed, applying by analogy the
prescribed rules.
if there are 3 distinct penalties; there shall be a
minimum, a medium and a maximum
Example: Reclusion temporal max to death
EXECUTION AND SERVICE OF PENALTIES
Art. 78. When and how a penalty is to be executed.
— No penalty shall be executed except by virtue of a
final judgment.
A penalty shall not be executed in any other form
than that prescribed by law, nor with any other
circumstances or incidents than those expressly
authorized thereby.
In addition to the provisions of the law, the special
regulations prescribed for the government of the
institutions in which the penalties are to be suffered
shall be observed with regard to the character of the
work to be performed, the time of its performance,
and other incidents connected therewith, the
relations of the convicts among themselves and other
persons, the relief which they may receive, and their
diet.
The regulations shall make provision for the
separation of the sexes in different institutions, or at
least into different departments and also for the
correction and reform of the convicts.
 Only penalty by final judgment can be executed.
Judgment is final if the accused has not appealed
within 15 days or he has expressly waived in writing
that he will not appeal.
 An appeal suspends the service of the sentence
imposed by the trial court. In the absence of an
appeal, the law contemplates a speedy execution of
the sentence, and in the orderly administration of
justice, the defendant should be forthwith
remanded to the sheriff for the execution of the
judgment.
 There could be no subsidiary liability if it was not
expressly ordered in the judgment
Art. 79. Suspension of the execution and service of
the penalties in case of insanity. — When a convict
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shall become insane or an imbecile after final
sentence has been pronounced, the execution of said
sentence shall be suspended only with regard to the
personal penalty, the provisions of the second
paragraph of circumstance number 1 of article 12
being observed in the corresponding cases.
If at any time the convict shall recover his reason, his
sentence shall be executed, unless the penalty shall
have prescribed in accordance with the provisions of
this Code.
The respective provisions of this section shall also be
observed if the insanity or imbecility occurs while
the convict is serving his sentence.
Cases of insanity:
a) after final sentence, suspend the sentence regarding
the personal penalties
b) if he recovers, the sentence is executed unless it has
prescribed
c) the payment of civil or pecuniary liabilities shall not
be suspended
Art 80 (as amended by PD 603: Child and Youth
Welfare Code)
YOUTHFUL OFFENDER – over 9 but under 18 at time of
the commission of the offense
 A child nine years of age or under at the time of the
commission of the offense shall be exempt from
criminal liability and shall be committed to the care
of his or her father or mother, or nearest relative or
family friend in the discretion of the court and
subject to its supervision. The same shall be done
for a child over nine years and under fifteen years of
age at the time of the commission of the offense,
unless he acted with discernment, in which case he
shall be proceeded against in accordance with
Article 192.
 The Revised Penal Code declared a youthful
offender to be one who is under 18 years old at the
time he committed the crime attributed to him. For
him to be entitled to the benefits of the law, the
sentence must also be made while the accused is
under 18 years of age. If the accused is already 18
years old or above upon promulgation, he will no
longer be entitled to a suspension of his sentence.
 The suspension of the sentence is only observed if
the youthful offender commits, he crime above nine
years and below 18 years of age and the
promulgation of the judgment is likewise done while
the accused is under 18 years of age.
 The suspension of sentence is not automatic or
mandatory for the court to implement. The youthful
offender must apply for suspension.
 A youthful offender held for examination or trial
who cannot furnish bail will be committed to the
DSWD/local rehab center or detention home
judgment of the court shall not be pronounced but
suspended except for the ff cases:
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those who previously enjoyed a suspension of
1.
sentence
2. those convicted of death or life imprisonment
3. those convicted for an offense by the military
tribunals
 The DSWD may dismiss the case if the youth behaves
properly
 The records of the proceeding shall be privileged
and shall not be disclosed
 The civil liability of the youthful offender may be
voluntary assumed by a relative or a friend
 The civil liability for acts committed by a youthful
offender shall devolve upon the offender’s father
and, in the case of his death or incapacity, upon the
mother, or in case of her death or incapacity, upon
the guardian. Civil liability may also be voluntarily
assumed by a relative or family friend of the
youthful offender.
 The parent or guardian of the child is liable when he
aids, abets or connives w/ the commission of the
crime or does an act producing, promoting or
contributing to the child’s being a juvenile
delinquent.
 The penalties for the parent or guardian: Fine not
exceeding 500 and/or imprisonment not exceeding 2
years
Art. 81. When and how the death penalty is to be
executed. — The death sentence shall be executed
with preference to any other and shall consist in
putting the person under sentence to death by lethal
injection. The death sentence shall be executed
under the authority of the Director of Prisons,
endeavoring so far as possible to mitigate the
sufferings of the person under sentence during the
lethal injection as well as during the proceedings
prior to the execution.
The Director of the Bureau of Corrections shall take
steps to insure that the lethal injection to be
administered is sufficient to cause instantaneous
death of the convict.
The death sentence shall be carried out not earlier
than one (1) year but not later than eighteen (18)
months after the judgment has become final and
executory without prejudice to the exercise by the
President of his clemency powers at all times. (As
amended by RA# 8177)
DEATH PENALTY
To which crimes imposed:
Applies only to those crimes which are specified under
RA 7659. If a crime is not included in the list of heinous
crimes, the penalty cannot be validly imposed for said
crime.
What are heinous crimes?
These are grievous, odious and hateful offenses, which
by reason of their inherent or manifest wickedness,
viciousness, atrocity and perversity are repugnant and
outrageous to the common standards and norms of
decency and morality in a just, civilized and ordered
society.
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What are the heinous crimes under RA 7659? between the notification and the execution, the
1. Treason culprit shall, in so far as possible, be furnished such
2. Qualified piracy / mutiny assistance as he may request in order to be attended
3. Qualified bribery in his last moments by priests or ministers of the
4. Parricide religion he professes and to consult lawyers, as well
5. Murder as in order to make a will and confer with members of
6. Infanticide his family or persons in charge of the management of
7. Kidnapping and Serious Illegal Detention his business, of the administration of his property, or
8. Robbery with Homicide of the care of his descendants.
9. Robbery with rape Designate a working day w/c shall not be
10. Robbery with Intentional Mutilation communicated to the offender before the sunrise of
11. Robbery with arson said day. The execution shall not take place until after
12. Destructive Arson the expiration of at least 8 hrs following such
13. Rape committed with the use of deadly weapon notification.
14. Rape committed by two or more persons
15. Rape with Homicide / Attempted rape with Art. 83. Suspension of the execution of the death
homicide sentence. — The death sentence shall not be
16. Rape under certain circumstances inflicted upon a woman while she is pregnant or
17. Plunder within one (1) year after delivery, nor upon any
18. Violation of RA 6425, where quantity involved is person over seventy years of age. In this last case,
more than or equal to that certified under Sec. the death sentence shall be commuted to the penalty
20 thereof of reclusion perpetua with the accessory penalties
19. Carnapping where the owner or occupant of the provided in Article 40.
vehicle is killed
In all cases where the death sentence has become
Art. 82. Notification and execution of the sentence final, the records of the case shall be forwarded
and assistance to the culprit. — The court shall immediately by the Supreme Court to the Office of
designate a working day for the execution but not the the President for possible exercise of the pardoning
hour thereof; and such designation shall not be power. (As amended by Sec. 25, RA# 7659)
communicated to the offender before sunrise of said
day, and the execution shall not take place until after Death sentence commuted to RP:
the expiration of at least eight hours following the
notification, but before sunset. During the interval a) woman, while pregnant or within 1 yr after delivery

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(only suspended)
b) person over 70 years old.
Art. 84. Place of execution and persons who may
witness the same. — The execution shall take place
in the penitentiary of Bilibid in a space closed to
the public view and shall be witnessed only by the
priests assisting the offender and by his lawyers,
and by his relatives, not exceeding six, if he so
request, by the physician and the necessary
personnel of the penal establishment, and by such
persons as the Director of Prisons may authorize.
Art. 85. Provisions relative to the corpse of the
person executed and its burial. — Unless claimed
by his family, the corpse of the culprit shall, upon
the completion of the legal proceedings
subsequent to the execution, be turned over to
the institute of learning or scientific research first
applying for it, for the purpose of study and
investigation, provided that such institute shall
take charge of the decent burial of the remains.
Otherwise, the Director of Prisons shall order the
burial of the body of the culprit at government
expense, granting permission to be present
thereat to the members of the family of the culprit
and the friends of the latter. In no case shall the
burial of the body of a person sentenced to death
be held with pomp.
Art. 86. Reclusion perpetua, reclusion temporal,
prision mayor, prision correccional and arresto
mayor. — The penalties of reclusion perpetua,
reclusion temporal, prision mayor, prision
correccional and arresto mayor, shall be executed
and served in the places and penal establishments
provided by the Administrative Code in force or
which maybe provided by law in the future.
Art. 87. Destierro. — Any person sentenced to
destierro shall not be permitted to enter the place
or places designated in the sentence, nor within the
radius therein specified, which shall be not more
than 250 and not less than 25 kilometers from the
place designated.
Destierro shall be imposed in the ff cases:
a. death or serious physical injuries is caused or are
inflicted under exceptional circumstance
b. person fails to give bond for good behavior
c. concubine’s penalty for the crime of concubinage
d. lowering the penalty by degrees
Execution of Distierro
a. Convict shall not be permitted to enter the place
designated in the sentence nor within the radius
specified, which shall not be more than 250 and
not less than 25 km from the place designated.
b. If the convict enters the prohibited area, he
commits evasion of sentence
Art. 88. Arresto menor. — The penalty of arresto
menor shall be served in the municipal jail, or in the
house of the defendant himself under the
surveillance of an officer of the law, when the court
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so provides in its decision, taking into consideration 5. By probation

the health of the offender and other reasons which
may seem satisfactory to it. Note: The Supreme Court ruled that re- election to
public office is not one of the grounds by which
Served where: criminal liability is extinguished. This is only true in
 In the municipal jail administrative cases but not in criminal cases.
 In the house of the offender, but under the
surveillance of an officer of the law whenever the Art. 89. How criminal liability is totally extinguished.
court so provides in the decision due to the health of — Criminal liability is totally extinguished:
the offender. But the reason is not satisfactory just 1. By the death of the convict, as to the personal
because the offender is a respectable member of the penalties and as to pecuniary penalties, liability
community therefor is extinguished only when the death of the
E.Extinction of Criminal Liability offender occurs before final judgment.
2. By service of the sentence;
Two kinds of extinguishment of criminal liability: 3. By amnesty, which completely extinguishes the
penalty and all its effects;
A. Total Extinguishment 4. By absolute pardon;
1. By prescription of crime 5. By prescription of the crime;
2. By prescription of penalty 6. By prescription of the penalty;
3. By the death of the convict 7. By the marriage of the offended woman, as
4. By service of sentence provided in Article 344 of this Code.
5. By amnesty
6. By absolute pardon
7. By the marriage of the offended woman and the PAR 1:
offender in the crimes of rape, abduction,
seduction and acts of lasciviousness. (Art. 344)  Extinguishment of criminal liability is a ground of
motion to quash
B. Partial Extinguishment  Criminal liability whether before or after final
1. By conditional pardon judgment is extinguished upon death because it is
2. By commutation of sentence a personal penalty
3. For good conduct, allowances which the culprit  Pecuniary penalty is extinguished only when death
may earn while he is serving sentence occurs before final judgement.
4. By parole

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PAR 2:
 Crime is a debt, hence extinguished upon payment
 Service does not extinguish civil liability
PAR 3:
AMNESTY – is an act of the sovereign power granting
oblivion or general pardon. It wipes all traces and
vestiges of the crime but does not extinguish civil
liability.
PAR 4:
• PARDON – an act of grace proceeding from the
power entrusted w/ the execution of laws, which
exempts the individual from the punishment the law
inflicts for the crime.
Pardon becomes valid only when there is a final
judgment. If given before this, it is premature and
hence void. There is no such thing as a premature
amnesty, because it does not require a final
judgment; it may be given before final judgment or
after it.
AMNESTY
Extended to classes of persons who
may be guilty of political offenses
Exercised even before trial or
investigation
Looks backward and abolishes the
offense itself
Does not extinguish civil liability
A public act that needs the declaration
of the president with the concurrence
of Congress
Courts should take judicial notice
PARDON
Exercised individually by the president
(any crime)
Exercised when one is convicted
Looks forward and relieves the
offender of the consequences
Same
A private act of the president
Must be pleaded and proved
PAR 5:
 When the crime prescribes, the state loses the
right to prosecute
 Prescription of a crime – is the loss/forfeiture
of the right of the state to prosecute the
offender after the lapse of a certain time.
PAR 6:
 the loss/forfeiture of the right of government to
execute the final sentence after the lapse of a
certain time. Conditions: there must be final
judgement and the period has elapsed.
PAR 7:
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 In the case of marriage, do not say that it is
applicable for the crimes under Article 344. It is
only true in the crimes of rape, abduction, seduction
and acts of lasciviousness. Do not say that it is
applicable to private crimes because the term
includes adultery and concubinage. Marriages in
these cases may even compound the crime of
adultery or concubinage. It is only in the crimes of
rape, abduction, seduction and acts of lasciviousness
that the marriage by the offender with the offended
woman shall extinguish civil liability, not only
criminal liability of the principal who marries the
offended woman, but also that of the accomplice
and accessory, if there are any.
 Co-principals who did not themselves directly
participate in the execution of the crime but who
only cooperated, will also benefit from such
marriage, but not when such co-principal himself
took direct part in the execution of the crime.
 Marriage as a ground for extinguishing civil liability
must have been contracted in good faith. The
offender who marries the offended woman must be
sincere in the marriage and therefore must actually
perform the duties of a husband after the marriage,
otherwise, notwithstanding such marriage, the
offended woman, although already his wife can still
prosecute him again, although the marriage remains
a valid marriage. Do not think that the marriage is
avoided or annulled. The marriage still subsists
although the offended woman may re-file the
complaint. The Supreme Court ruled that marriage
contemplated must be a real marriage and not one
entered to and not just to evade punishment for the
crime committed because the offender will be
compounding the wrong he has committed.
Art. 90. Prescription of crime. — Crimes punishable
by death, reclusion perpetua or reclusion temporal
shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
Those punishable by a correctional penalty shall
prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in
five years.
The crime of libel or other similar offenses shall
prescribe in one year.
The crime of oral defamation and slander by deed
shall prescribe in six months. Light offenses prescribe
in two months.
When the penalty fixed by law is a compound one,
the highest penalty shall be made the basis of the
application of the rules contained in the first, second
and third paragraphs of this article. (As amended by
RA 4661, approved June 19, 1966.)
Prescription of crimes:
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Death, reclusion perpetua or
reclusion temporal - 20 yrs
Other afflictive penalties - 15 yrs
Correctional penalty, except arresto
Mayor - 10 yrs
Arresto mayor - 5 yrs
Libel or other similar offenses - 1 yr
Oral defamation and slander by deed - 6 mos
Light offenses - 2 mos
Art. 91. Computation of prescription of offenses. —
The period of prescription shall commence to run
from the day on which the crime is discovered by the
offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or
information, and shall commence to run again when
such proceedings terminate without the accused
being convicted or acquitted, or are unjustifiably
stopped for any reason not imputable to him.
The term of prescription shall not run when the
offender is absent from the Philippine Archipelago.
The aforementioned rule, however is not applicable in
the following cases:
a. In continuing crimes where the prescriptive period
will start to run only at the termination of the intended
result;
b. In crimes which are not concealed because there is a
constructive notice to the public, such as to those which
involve a public document registered in public offices. It
is a rule that registration is tantamount to a declaration
to the whole world. In such cases, the prescriptive
period shall commence from the time of the registration
of the document.
c. In the crime of false testimony where the prescriptive
period is reckoned from the day of final judgment is
rendered by the court and not at the time the false
testimony was made.
 If there is nothing concealed (appears in a public
document), the crime commences to run on the date
of the commission
 Period of prescription for crimes that is continuing
never runs
Crime needs to be discovered by:
a) offended party
b) authorities
c) their agents
What interrupts prescription?
a) preliminary examination or investigation w/c is
similar to judicial proceeding
b) filing the proper complaint w/ the fiscal’s office and
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the prosecutor. Police not included.
c) Filing complaint with the court that has proper
jurisdiction
When the period commences to run again
a) When the proceeding is terminated without the
accused being convicted or acquitted
b) When the proceeding is unjustifiably stopped for a
reason not imputable to the offender
The prevailing rule now is, prescription of the crime is
not waivable, When a crime prescribes, the State loses
the right to prosecute the offender, hence, even
though the offender may not have filed a motion to
quash on this ground the trial court, but after
conviction and during the appeal he learned that at the
time the case was filed, the crime has already
prescribed, such accused can raise the question of
prescription even for the first time on appeal, and the
appellate court shall have no jurisdiction to continue,
if legally, the crime has indeed prescribed.
Art. 92. When and how penalties prescribe. —
The penalties imposed by final sentence prescribe as
follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the
exception of the penalty of arresto mayor, which
prescribes in five years;
4. Light penalties, in one year.
 Note that final sentence must be imposed
 The penalty, to be subject of prescription must have
been imposed by final judgment. Thus, if A after
conviction by the trial court, appealed the decision,
and escaped from jail where he has been detained
during the trial, the penalty will never prescribe. In
prescription of penalty, the offender must be serving
sentence, and must have escaped, committing the
crime of Evasion of Sentence. From the day he
escaped, the prescription of penalty commences to
run.
Problem: A was sentenced to reclusion temporal for
homicide and while serving sentence, for January 1,
1980. He must be able to elude authorities up to
January 2, 1995 to consider the penalty prescribed.
Supposed he was arrested after five (5) years of escape
– that is, on January 1, 1985, and was able to hide for
just ten (10) more years. The five-year period during
his first escape must have to be considered for
purposes of completing the fifteen (15)-year period for
the prescription of the penalty of Homicide.
 If a convict can avail of mitigating circumstances
and the penalty is lowered, it is still the original
penalty that is used as the basis for prescription.
However, if the convict already serves a portion
of his sentence and escapes after, the penalty
that was imposed (not the original) shall be the
basis for prescription.
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Art. 93. Computation of the prescription of
penalties. — The period of prescription of
penalties shall commence to run from the date
when the culprit should evade the service of his
sentence, and it shall be interrupted if the
defendant should give himself up, be captured,
should go to some foreign country with which this
Government has no extradition treaty, or should
commit another crime before the expiration of the
period of prescription.
Elements:
1. penalty is final
2. convict evaded the sentence
3. convict has not given himself up
4. penalty has prescribed because of lapse of time from
the date of the evasion of the service of the
sentence
Interruption of the period
1. If the defendant surrenders
2. If he is captured
3. If he should go into a foreign country with which the
Philippines has no extradition treaty
Art. 94. Partial Extinction of
liability. — Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit
may earn while he is serving his sentence.
Conditional pardon – contract between the sovereign
power of the executive and the convict.
CONDITIONAL PARDON Convict
Given after final judgement shall not
Granted by Chief Executive violate
For violation, convict may not be any of
prosecuted under 159 the penal
PAROLE laws of
Given after service of the minimum the
penalty
Given by the Bd of Pardons and Parole
For violations, may be rearrested,
convict serves remaining sentence
Philippines
Violation of conditions:
 Offender is re-arrested and re-incarcerated
 Prosecution under Art. 159
Commutation – change in the decision of the court by
the chief regarding the
1. degree of the penalty;
2. by decreasing the length of the imprisonment or fine
criminal
Commutation allowed when:
1. person over 70 yrs old
2. 10 justices fail to reach a decision affirming the
death penalty
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 Consent not necessary in commutation
 Prisoner is also allowed special time allowance for
loyalty w/c is 1/5 deduction of the period of his
sentence.
PAROLE – consists in the suspension of the sentence of a
convict after serving the minimum term of the
indeterminate penalty, without granting pardon,
prescribing the terms upon which the sentence shall be
suspended. In case his parole conditions are not
observed, a convict may be returned to the custody and
continue to serve his sentence without deducting the
time that elapsed.
Good conduct allowance
This includes the allowance for loyalty under Article 98,
in relation to Article 158. A convict who escapes the
place of confinement on the occasion of disorder
resulting from a conflagration, earthquake or similar
catastrophe or during a mutiny in which he has not
participated and he returned within 48 hours after the
proclamation that the calamity had already passed,
such convict shall be given credit of 1/5 of the original
sentence from that allowance for his loyalty of coming
back. Those who did not leave the penitentiary under
such circumstances do not get such allowance for
loyalty. Article 158 refers only to those who leave and
return.
Art. 95. Obligation incurred by person granted
conditional pardon. — Any person who has been
granted conditional pardon shall incur the obligation
of complying strictly with the conditions imposed
therein otherwise, his non- compliance with any of
the conditions specified shall result in the revocation
of the pardon and the provisions of Article 159 shall
be applied to him.
Condition of pardon is limited to unserved portion of the
sentence, unless an intention to extend it beyond the
time is manifest
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. — The good
conduct of any prisoner in any penal institution shall
entitle him to the following deductions from the
period of his sentence:
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 the fifth year, inclusive,
of his imprisonment, he shall be allowed a
deduction of eight days for each month of
good behavior;
3. During the following years until the tenth
year, inclusive, of his imprisonment, he
shall be allowed a deduction of ten days for
each month of good behavior; and
4. During the eleventh and successive years of
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his imprisonment, he shall be allowed a  deduction of 1/5 of the period of sentence of

deduction of fifteen days for each month of
good behavior.
Allowance for good conduct not applicable when
prisoner released under conditional pardon.
Good conduct time allowance is given in consideration
of good conduct of prisoner while he is serving
sentence.
prisoner who having evaded the service of his
sentence during the calamity or catastrophe
mentioned in Art 158, gives himself up to the
authorities w/in 48 hrs ff the issuance of the
proclamation by the President announcing the
passing away of the calamity or catastrophe
 deduction based on the original sentence and not on
the unexpired portion

Allowances for Good conduct per year Art. 99. Who grants time allowances. — Whenever
years allowance lawfully justified, the Director of Prisons shall grant
5 days per month of allowances for good conduct. Such allowances once
First 2 years granted shall not be revoked.
good behavior
8 days per month of
3rd to 5th years
good behavior
Following years up 10 days per month  authority to grant time allowance for good conduct
to 10th year of good behavior is exclusively vested in the Director of prisons (e.g.
11th year and 15 days per month provincial warden cannot usurp Director’s authority)
successive years of good behavior  it is not an automatic right and once granted, cannot
be revoked by him
Art. 98. Special time allowance for loyalty. — A
deduction of one-fifth of the period of his sentence INDETERMINATE SENTENCE LAW
shall be granted to any prisoner who, having evaded The court shall sentence the accused to an
the service of his sentence under the circumstances indeterminate sentence
mentioned in article 158 of this Code, gives himself
up to the authorities within 48 hours following the Revised Penal Code
issuance of a proclamation announcing the passing
away of the calamity or catastrophe to in said article. Maximum: in view of attending circumstance, could be
properly imposed; shall not exceed maximum fixed by
 The article applies only to prisoners who escaped said law

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Minimum: within range of Penalty next lower to that
prescribed by the Code Other Law; not less than
minimum term prescribed by said law
Not applicable:
a. Convicted of offenses punished with death penalty or
life- imprisonment
b. Convicted of treason, conspiracy or proposal to
commit treason
c. Convicted of misprision of treason, rebellion,
sedition or espionage
d. Convicted of piracy
e. Those who are habitual delinquents
f. Those who shall have escaped from confinement or
evaded sentence
g. Those who having been granted conditional pardon
by the Chief Executive violated the terms thereof
h. Those whose maximum term of imprisonment does
not exceed one year, based on penalty actually
imposed
i. Those already sentenced by final judgment at the
time of approval of this Act
j. Destierro or Suspension (the law contemplates
imprisonment)
Application of Indeterminate Sentence is Mandatory;
granting of parole is not.
After the minimum has been served, the offender is
entitled to parole
When a prisoner released on parole shall violate any
conditions of his parole, the Board may issue an order
his arrest. In such case, the prisoner so rearrested shall
serve the remaining unexpired portion of the maximum
sentence (Period from parole to rearrest not deducted)
Pardon – an act of grace proceeding from the power
entrusted with the execution of laws, which exempts
the individual from the punishment the law inflicts for
the crime.
Parole – consists in the suspension of the sentence of a
convict after serving the minimum term of the
indeterminate penalty, without granting pardon,
prescribing the terms upon which the sentence shall be
suspended. In case his parole conditions are not
observed, a convict may be returned to the custody and
continue to serve his sentence without deducting the
time that elapsed.
PROBATION
Probation - a disposition under which a defendant after
conviction and sentence is released subject to
conditions imposed by the court and to the supervision
of a probation officer.
 Suspension of execution of sentence upon
application by said defendant within period for
perfecting an appeal  interlocutory judgment to be
followed by a final judgment of discharge or by a
final judgment of sentence
 Defendant released after conviction and sentence
subject to conditions imposed by court and
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supervision of probation officer
 May be granted whether sentence imposes a term of
imprisonment or a fine with subsidiary imprisonment
in case of insolvency
 May be denied if defendant in need of correctional
treatment that can be provided most effectively by
commitment, if there is undue risk of committing
another crime, if probation will depreciate
seriousness of offense (not a right but a privilege)
 Accessory penalties are deemed suspended once
probation is granted
 If you file a notice of appeal, you are forever barred
from applying for probation. If you file an
application for probation, you are deemed to have
abandoned your right to appeal.
Disqualified offenders:
1. Application shall not be entertained or granted if
defendant has perfected the appeal from the
judgment of conviction
2. Sentenced to serve a maximum term of
imprisonment of more than six (6) years
3. Convicted of subversion or any crime against the
national security or the public order
4. 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 less
than P200
5. Who have been once on probation under the
provisions of this Decree
6. Who are already serving sentence at the time the
substantive provisions of this Decree became
applicable
7. R.A. 9165, Section 24. Non-Applicability of the
Probation Law for Drug Traffickers and Pushers. Any
person convicted for drug trafficking or pushing
under this Act, regardless of the penalty imposed by
the Court, cannot avail of the privilege granted by
the Probation Law.
F. Civil Liabilities in Criminal Cases
Art. 100. Civil liability of a person guilty of felony.
— Every person criminally liable for a felony is also
civilly liable.
Basis:
obligation to repair or to make whole the damage
caused to another by reason of an act or omission,
whether done intentionally or negligently and whether
or not punishable by law
If the crime is one from which no civil liability may
arise, like Illegal Possession of Firearm (P.D. 1866 as
amended by R.A. 8294), or illegal sale, transport or
possession of prohibited drugs (R.A. 64225 as amended
by R.A. 7659), the convict incurs no civil liability.
Dual character of the crime as against:
A. the state because of the disturbance of peace and
order
B. the private person injured unless it involves the
crime of treason, rebellion, espionage, contempt
and others where no civil liability arises on the part
of the offender either because there are no damages
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or there is no private person injured by the crime
Damage that may be recovered in criminal cases:
 Crimes against persons, like crime of physical
injuries – whatever he spent for treatment of
wounds, doctor’s fees, medicines as well as salary or
wages unearned
 Moral Damages: seduction, abduction, rape or other
lascivious acts, adultery or concubinage, illegal or
arbitrary detention or arrest, illegal search, libel,
slander or any other form of defamation, malicious
prosecution
 Exemplary Damages: imposed when crime was
committed with one or more aggravating
circumstances
INDEPENDENT CIVIL ACTION may be brought by the
injured party during the pendency of the criminal case
provided the right is reserved. Reservation is necessary
in the ff cases:
1. any of the cases referred to in Art 32 (violation of
one’s fundamental rights)
2. defamation, fraud and physical injury (bodily injury
and not the crime of physical injury) (Art.33)
3. civil action is against a member of a city or
municipal police force for refusing or failing to
render aid or protection to any person in case of
danger to life or property (Art.34)
4. in an action for damage arising from fault or
negligence and there is no pre- existing contractual
relation between the parties (quasi-delict)
(Art.2176)
PREJUDICIAL QUESTION – one w/c arises in a case, the
resolution of which is a logical antecedent of the issue
involved in said case and the cognizance of which
pertains to another tribunal.
The following requisites must be present:
1. The civil case involves facts intimately related with
those of the criminal case; and
2. The resolution of the issue or issues raised in the
civil action wherein the guilt or innocence of the
accused would necessarily be determined. (Sec. 5,
Rule 111, RRC)
Art. 101. Rules regarding civil liability in certain
cases. — The exemption from criminal liability
established in subdivisions 1, 2, 3, 5 and 6 of article
12 and in subdivision 4 of article 11 of this Code does
not include exemption from civil liability, which shall
be enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article
12, the civil liability for acts committed by an
imbecile or insane person, and by a person under
nine years of age, or by one over nine but under
fifteen years of age, who has acted without
discernment, shall devolve upon those having such
person under their legal
authority or control, unless it appears that there was
no fault or negligence on their part.
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Should there be no person having such insane,
imbecile or minor under his authority, legal
guardianship or control, or if such person be
insolvent, said insane, imbecile, or minor shall
respond with their own property, excepting property
exempt from execution, in accordance with the civil
law.
Second. In cases falling within subdivision 4 of Article
11, the persons for whose benefit the harm has been
prevented shall be civilly liable in proportion to the
benefit which they may have received.
The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be
liable.
When the respective shares cannot be equitably
determined, even approximately, or when the
liability also attaches to the Government, or to the
majority of the inhabitants of the town, and, in all
events, whenever the damages have been caused
with the consent of the authorities or their agents,
indemnification shall be made in the manner
prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of
Article 12, the persons using violence or causing the
fears shall be primarily liable and secondarily, or, if
there be no such persons, those doing the act shall be
liable, saving always to the latter that part of their
property exempt from execution.
General Rule: exemption from criminal liability does
not include exemption from civil liability
Exception: no civil liability in par 4 and 7of art 12. Par
1,2,3,5 and 6 are NOT exempt from civil liability
although exempt from criminal liability
Who are civilly liable for:
A. acts of insane or minor exempt from criminal
liability
1. primarily devolve upon perosns having legal
authority or control over him, if at fault or negligent
(except if proven that they acted w/o fault or w/
due diligence)
2. if no fault or negligence, or even w/ fault but is
insolvent and there are no persons having legal
authority over them, the property of the insane,
minor or imbecile not exempt from execution shall
be held liable.
B. over 15 but under 18 w. discernment
1. civil code says parent (dad then mom) _
2. guardians
3. minor’s own property where guardian ad litem shall
be appointed
C. persons acting under an irresistible force or
uncontrollable fear
1. persons using violence or causing the fear are
primarily liable
2. if there are none, those doing the act
D. no civil liability in justifying circumstances
EXCEPT: par 4 of Art 11, the one benefited by the
act is civilly liable.
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E. civil liability in case of state of necessity
Those who benefited by the act and court shall
determine the proportionate amount for which each
shall be liable. If the government or majority of the
inhabitants are liable, such will be determined by
special laws or regulations.
Art. 102. Subsidiary civil liability of innkeepers,
tavernkeepers and proprietors of establishments.
— In default of the persons criminally liable,
innkeepers, tavernkeepers, and any other persons
or corporations shall be civilly liable for crimes
committed in their establishments, in all cases
where a violation of municipal ordinances or some
general or special police regulation shall have
been committed by them or their employees.
Innkeepers are also subsidiarily liable for the
restitution of goods taken by robbery or theft
within their houses from guests lodging therein, or
for the payment of the value thereof, provided
that such guests shall have notified in advance the
innkeeper himself, or the person representing
him, of the deposit of such goods within the inn;
and shall furthermore have followed the directions
which such innkeeper or his representative may
have given them with respect to the care and
vigilance over such goods. No liability shall attach
in case of robbery with violence against or
intimidation of persons unless committed by the
innkeeper's employees.
Elements of Par 1:
1. That the innkeeper of the establishment or his
employee committed a violation of municipal
ordinance or some general or special police
regulation
2. A crime is committed in such establishment
3. Person criminally liable is insolvent
When the foregoing circumstances are present in
the commission of the crime, the civil liability of
the offender shall also be the civil liability of the
owners of the establishments. Such civil liability
arises only if the person criminally liable is
insolvent because the nature of the liability of the
innkeeper and the others is only subsidiary.
Elements of Par 2:
1. guests notified in advance the innkeeper of the
deposit of such goods w/in the inn
2. guests followed the directions of the innkeeper
w/ respect to the care and vigilance over the such
goods
3. such goods of the guest lodging therein were
taken by robbery w/ force upon things or theft
 When all these are present, the innkeeper is
subsidiarily liable
 No civil liability in case of robbery w/ violence
against or intimidation of person, unless
committed by the innkeeper’s employees
 Actual deposit of the things of the guest to the
innkeeper is not necessary, it is enough that they
were within the inn.
 The Supreme Court ruled that even though the
guest did not obey the rules and regulations
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prescribed by the management for safekeeping
of the valuables, this does not absolve
management from the subsidiary civil liability.
Non-compliance with such rules and regulations
by the guests will only be regarded as
contributory negligence, but it won’t absolve the
management from civil liability
Art. 103. Subsidiary civil liability of other persons. —
The subsidiary liability established in the next
preceding article shall also apply to employers,
teachers, persons, and corporations engaged in any
kind of industry for felonies committed by their
servants, pupils, workmen, apprentices, or employees
in the discharge of their duties.
Elements
a. employer, teacher, person or corporation is
engaged in any kind of industry
b. any of their servants, pupils, workmen,
apprentices of employees commit a felony while
in the discharge of his duties which are related to
the business of his employer
c. the said employee is insolvent and has not
satisfied his civil liability
Industry – any department or branch of art, occupation
or business; especially one w/c employs so much labor
and capital is a distinct branch of trade
 Hospitals are not engaged in industry; hence not
subsidiarily liable for acts of nurses
 Private persons w/o business or industry, not
subsidiarilly liable
 there is no need to file a civil action against the
employer in order to enforce the subsidiary civil
liability for the crime committed by his employee,
it is enough that the writ of execution is returned
unsatisfied.
Art. 104. What is included in civil liability. — The civil
liability established in Articles 100, 101, 102, and
103 of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
First remedy granted by law is no. 1, in case this is not
possible no. 2.
In either case, no. 3 may be required
RESTITUTION – in theft, the culprit is duty bound to
return the property stolen
REPARATION – in case of inability to return the property
stolen, the culprit must pay the value of the property
stolen.
In case of physical injuries, the reparation of the
damage cause would consist in the payment of hospital
bills and doctor’s fees to the offended party
INDEMNIFICATION – the loss of salary or earnings
Art. 105. Restitution. — How made. — The restitution
of the thing itself must be made whenever possible,
with allowance for any deterioration, or diminution of
value as determined by the court.
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The thing itself shall be restored, even though it be
found in the possession of a third person who has
acquired it by lawful means, saving to the latter his
action against the proper person, who may be liable
to him.
This provision is not applicable in cases in which the
thing has been acquired by the third person in the
manner and under the requirements which, by law,
bar an action for its recovery.
 The convict cannot by way of restitution, give to
the offended party a similar thing of the same
amount, kind or species and quality. The very thing
should be returned.
 If the property stolen while in the possession of the
third party suffers deterioration due to his fault,
the court will assess the amount of the
deterioration and, in addition to the return of the
property, the culprit will be ordered to pay such
amount
General Rule: the owner of the property illegally taken
by the offender can recover it from whomsoever is in
possession thereof. Thus, even if the property stolen
was acquired by a 3rd person by purchase w/o knowing
that it has been stolen, such property will be returned
to the owner.
Exception: purchased in a public sale or auction in good
faith
 Restitution or restoration presupposes that the
offended party was divested of property, and such
property must be returned. If the property is in the
hands of a third party, the same shall nevertheless
be taken away from him and restored to the
offended party, even though such 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.
Art. 106. Reparation. — How made. — The court shall
determine the amount of damage, taking into
consideration the price of the thing, whenever
possible, and its special sentimental value to the
injured party, and reparation shall be made
accordingly.
Reparation will be ordered by the court if restitution is
not possible
Reparation shall be:
a. the price of the thing
b. its sentimental value
Art. 107. Indemnification — What is included. —
Indemnification for consequential damages shall
include not only those caused the injured party, but
also those suffered by his family or by a third person
by reason of the crime.
 Indemnity refers to crimes against persons;
reparation to crimes against property.
 Indemnification of consequential damages refers to
the loss of earnings, loss of profits. This does not
refer only to consequential damages suffered by the
offended party; this also includes consequential
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damages to third party who also suffer because of
the commission of the crime.
 Indemnity for medical services still unpaid may be
recovered.
 Contributory negligence on the part of the offended
party reduces the civil liability of the offender.
 The civil liability may be increased only if it will not
require an aggravation of the decision in the
criminal case on w/c it is based.
Art. 108. Obligation to make restoration, reparation
for damages, or indemnification for consequential
damages and actions to demand the same — Upon
whom it devolves. — The obligation to make
restoration or reparation for damages and
indemnification for consequential damages devolves
upon the heirs of the person liable.
The action to demand restoration, reparation, and
indemnification likewise descends to the heirs of the
person injured.
 The heirs of the person liable has no obligation if
restoration is not possible and the deceased left no
property
 Civil liability is possible only when the offender dies
after final judgement.
 If the death of the offender took place before any
final judgement of conviction was rendered against
him, the action for restitution must necessarily be
dismissed.
 An action for damages by reason of wrongful death
may be instituted by the heirs of the deceased
against the administrator or executor of the estate
of the deceased offender. It cannot be brought by
the administrator of the victim’s estate.
Art. 109. Share of each person civilly liable. — If
there are two or more persons civilly liable for a
felony, the courts shall determine the amount for
which each must respond.
 In case of insolvency of the accomplices, the
principal shall be subsidiarily liable for their share
of the indemnity and in case of the insolvency of
the principal, the accomplices shall be subsidiarily
liable, jointly and severally liable, for the
indemnity due from said principal
 When there are several offenders, the court in the
exercise of its discretion shall determine what shall
be the share of each offender depending upon the
degree of participation – as principal, accomplice or
accessory. If within each class of offender, there
are more of them, such as more than one principal
or more than one accomplice or accessory, the
liability in each class of offender shall be
subsidiary. 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.
 If all the principals are insolvent, the obligation
shall devolve upon the accomplice(s) or
accessory(s). But whoever pays shall have the right
of recovering the share of the obligation from those
who did not pay but are civilly liable. In case the
accomplice and the principal cannot pay, the
liability of those subsidiarily liable is absolute.
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Art. 110. Several and subsidiary liability of
principals, accomplices and accessories of a felony —
Preference in payment. — Notwithstanding the
provisions of the next preceding article, the
principals, accomplices, and accessories, each within
their respective class, shall be liable severally (in
solidum) among themselves for their quotas, and
subsidiaries for those of the other persons liable.
The subsidiary liability shall be enforced, first against
the property of the principals; next, against that of
the accomplices, and, lastly, against that of the
accessories.
Whenever the liability in solidum or the subsidiary
liability has been enforced, the person by whom
payment has been made shall have a right of action
against the others for the amount of their respective
shares.
Subsidiary liability will be enforced on:
1. first, against the property of the principal
2. second, against that of the accomplice
3. third, against that of the accessories
Illustration: Two principals, two accomplices and two
accessories were convicted in a homicide case, and the
indemnity to the heirs of the victim was fixed at
Php6,000.00. The quota of the principals was fixed at
Php3,000.00; the accomplices at Php2,000.00 and the
accessories at Php1,000.00 and as between themselves,
the liability of each was ½. If both principals were
insolvent, their quota would be borne by the two
accomplices whose liability would be Php2,500.00 each
for a total of Php5,000.00, the quota of both principals
and accomplices. If the accessories were insolvent, the
principals would bear their quota. Subsidiarily and in
default of the principals, the accomplices would bear
the quota of the accessories.
Art. 111. Obligation to make restitution in certain
cases. — Any person who has participated gratuitously
in the proceeds of a felony shall be bound to make
restitution in an amount equivalent to the extent of
such participation.
 This refers to a person who has participated
gratuitously in the commission of a felony and he is
bound to make restitution in an amount equivalent
to the extent of such participation
 The third person must be innocent of the
commission of the crime otherwise he would be
liable as an accessory and this article will not apply
Art. 112. Extinction of civil liability. — Civil liability
established in Articles 100, 101, 102, and 103 of this
Code shall be extinguished in the same manner as
obligations, in accordance with the provisions of the
Civil Law.
Civil liability is extinguished by:
1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor and
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debtor Unless extinguished, civil liability subsists even if the

5. compensation
6. novation
Other causes of extinguishment of obligations:
annulment, rescission, fulfillment of a resolutory
condition and prescription.
Civil liability may arise from:
1. Crime - RPC
2. Breach of contract - CC
3. Tortious act – CC
 The accused shall still be liable for the payment of
the thing stolen even if it is lost or destroyed
 The judgment for civil liability prescribes in ten
years. It may be enforced by writ of execution
within the first five years and by action for revival
of judgment during the next five years. Insolvency is
not a defense to an action to enforce judgment.
offender has served sentence consisting of deprivation
of liberty or other rights or has served the same, due
to amnesty, pardon, commutation of the sentence or
any other reason.
Under the law as amended, even if the subsidiary
imprisonment is served for non-payment of fines, this
pecuniary liability of the defendant is not
extinguished.
While amnesty wipes out all traces and vestiges of the
crime, it does not extinguish the civil liability of the
offender. A pardon shall in no case exempt the culprit
from the payment of the civil indemnity imposed upon
him by the sentence
Probation affects only the criminal aspect of the crime.

Art. 113. Obligation to satisfy civil liability. — Except

in case of extinction of his civil liability as provided in
the next preceding article the offender shall continue
to be obliged to satisfy the civil liability resulting
from the crime committed by him, notwithstanding
the fact that he has served his sentence consisting of
deprivation of liberty or other rights, or has not been
required to serve the same by reason of amnesty,
pardon, commutation of sentence or any other
reason.

Notes:

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