Criminal Law 1 Power Point Presentation Aug. 30 2022

Criminal Law 1
(Book 1, RPC)
Atty. JULITA M. CALDERON, CPA

Faculty – CCJ
1. ORIENTATION
2. Classroom guidelines
3. (The Vision and Mission of the City, PLMun, and CCJ)
• GAD Orientation
• Course Requirements
• Course Syllabus (30 mins. only)
• REFERENCES: PLMUN Student Handbook
1. PRELIMINARY CHAPTER
• Define and explain the fundamentals of criminal law, characteristics, principles, enforceability, and limitations.
• Sources of criminal law
• Limitations upon the power of the legislature to enact penal laws
• Different philosophies underlying a criminal law system
• Time when the Code took effect

ORIENTATION
Classroom guidelines
A. CLASS POLICIES
1. Attendance shall be checked regularly. University rules on lateness and absences shall be followed.
2. Proper classroom decorum shall always be observed.
3. All mobile phones shall be put on silent mode.
4. All course requirements shall be submitted on time. Late submissions shall have corresponding deductions.
5. Students who are caught cheating and plagiarizing in any form shall be punishable by university rules.
6. Class standings shall be posted before they are released as final marks. Questions regarding grades shall be
raised during this period. Once grades are submitted at the end of the semester, they shall be considered final.
Change of grades shall be possible only if there is an error in computation.
7. Consistent with the provisions of Republic Act 11313 or the Safe Streets and Public Spaces Act of 2019, the
Pamantasan as a whole and this class in particular will not in any way tolerate any form of gender-based
sexual harassment. Members of the classroom are expected to respect one another regardless of sexual
orientation and gender identity expression.
GRADING SYSTEM
GRADE RATING LETTER GRADE REMARK
97-100 1.00 A+ Passed
94-96 1.25 A Passed

The grading system for the undergraduate students at the end of every semester is as follows:
Notes: 91-93 1.50 B+ Passed
A student is marked “AW” if he/she followed the Authorized Dropping procedure prescribed by the Office of the Registrar.
A grade of 5.00 (Failed) is given for the following reasons:
Inability to satisfy the minimum requirements of the subjects
Excessive Absences
88-90 1.75 B Passed
Cheating during major examinations
A base 60 transmutation table must be used in assessing student performance in examinations.
85-87 2.00 B- Passed
82-84 2.25 C+ Passed
79-81 2.50 C Passed
76-78 2.75 C- Passed
75 3.00 P Passed
4.00 INC Incomplete
74 and below 5.00 F Failed
6.00 UW Unauthorized Withdrawal

GRADING SYSTEM
Notes:
1. A student is marked “AW” if he/she followed the Authorized Dropping
procedure prescribed by the Office of the Registrar.
2. A grade of 5.00 (Failed) is given for the following reasons:
a. Inability to satisfy the minimum requirements of the subjects
b. Excessive Absences
c. Cheating during major examinations
3. A base 60 transmutation table must be used in assessing student
performance in examinations.
Course Requirements:
Quizzes ------ 20%

Class participation/Recitation ----- 20%
Attendance ----- 10%
Major Examinations ------ 50%
VISION/MISSION OF THE CITY OF MUNTINLUPA
Vision: We envision Muntinlupa City as one of the leading investments hubs
in the country with educated, healthy and God-loving people living peacefully
and securely in a climate change adaptive and disaster resilient community
under the rule of transparent, caring, and accountable leadership.
Mission:
 To promote a broad-based economic growth and business-friendly
environment for sustainable development;
 To protect every person from natural and man-made hazards by ensuring
strict enforcement of necessary safety measures;
 To provide quality social services that include education, health care,
livelihood and employment, socialized housing, and social assistance,
among others; and
 To institutionalize community participation in local governance,
environmental protection, and economic development.
PLMun Vision/Mission:
Vision:
A dynamic and highly competitive higher education institution committed to
people empowerment towards building a humane society
Mission:
To provide quality, affordable and relevant education responsive to the
changing needs of the local and global communities through effective and
efficient integration of instruction, research and extension; to develop
productive and God-loving individuals in the society.
College Vision/Mission (CCJ):
VISION:
We envisage the College of Criminal Justice as an excellent academic
institution within the PLMun community, committed to providing its
students quality criminal justice education, cultivating in them Christian
values with the view of honing them into morally upright, socially
responsible, economically productive and highly competent criminology
professionals.
Mission:
To provide its students excellent criminal justice education while developing
within them leadership qualities compatible with Christian values, thereby
producing not only competent but also morally upright and service-oriented
graduates adequately equipped with skills for full employment within the
criminal justice system.
GAD Orientation -Overview
WHAT IS GENDER AND DEVELOPMENT (GAD)
It is a development perspective that recognizes the unequal status and
situation of women and men in society.
Women and men have different development needs and interests, which is
institutionalized and perpetuated by cultural, social, economic and political
norms, systems and structures.
GOAL OF GAD
As a development approach, GAD seeks to equalize the status and condition
of and relations between women and men by influencing the process and
output of policy- making, planning, budgeting, implementation making, planning,
budgeting, and monitoring, and evaluation so that they would deliberately
address the gender issues and concerns affecting the full development of
women.
GAD Orientation
GENDER EQUITY
Means giving more opportunities to those who have less and those who are
historically and socially disadvantaged based on their needs for them to operate on
a level playing field. “Focusing on the needs of women does not mean
discriminating against men or putting them at a disadvantage”
UN–CEDAW (United Nations Convention on the Elimination of All Forms of
Discrimination Against Women) recognized the need to remove the biases against
and provide special attention to women through affirmative action. It is a temporary
measure that will be discontinued when the objectives of equality of opportunity and
treatment have been achieved.
GENDER MAINSTREAMING
Is the Philippine government’s strategy for making agencies work for women’s
empowerment and gender equality.
It is the process of analyzing existing development paradigms, practices, and
goals; assessing the implications for women and men of existing legislation
policies, programs, projects, and mechanisms.
GAD Orientation -Overview
WOMEN’S EMPOWERMENT
Is a goal of and an essential process for women’s advancement.
Is a process and condition by which women mobilize to
understand, identify, and overcome gender discrimination and
achieve equality.
Women become agents of development and not just
beneficiaries.
A kind of participation in development that enables women to
make decisions based on their own views and perspective.
To empower women, access to information, training,
technology, market, and credit is necessary.
Basis of GAD in education:
What is the basis of GAD?
RA 9710 – The Magna Carta of Women is comprehensive women's human rights
law that seeks to eliminate discrimination against women by recognizing, protecting,
fulfilling and promoting the rights of Filipino women, especially those in marginalized
sector; defines Gender and Development Program (GAD) as the development
perspective and process that is participatory and empowering, equitable,
sustainable, free from violence, respectful of human rights, supportive of self-
determination and actualization of human potentials.
What is the purpose of CHED Memo No 1 2015?
The implemented Commission on Higher Education (CHED) Memorandum No. 1, s.
2015 required State Universities and Colleges (SUCs) and Private Higher Education
Institutions (HEIs) to contribute to women's empowerment and gender equality.
Course Syllabus Overview:
The course is a careful study and analysis of the provisions of Book 1 of the Revised Penal Code, which
is the main repository of Philippine penal laws, including relevant jurisprudence. Book 1 covers the first
113 Articles of the Code. The course will initially take up the broad subject of criminal law, its definition,
sources, characteristics, principles and doctrines peculiar to it, including the different philosophies
underlying a criminal law system. The Book consists of five general titles, each one focusing on a
particular topic. Title One deals with felonies, the stages of execution of felony and the circumstances
affecting criminal liability. Title Two narrows the focus on classification of persons criminally liable for
felony, Title Three takes up penalties, classifications thereof and their duration. Title Four delves on
extinction of criminal liability. Title Five shifts the focus to civil liability arising from crime, what it
includes, on whom this devolves and how the same is extinguished. Incorporated in the course is the
unavoidable supplemental study of pertinent special laws, such as: The Anti-Fencing Law,(PD 1612),
the Obstruction of Justice Law (PD 1829), the Indeterminate Sentence Law (Act 4103, as amended by
Act 4225), the Act Establishing Prescriptive Periods for Violations of Special Laws (Act 3326, as
amended by Act 3585 and Act 3763), the Probation Law (PD 968, as amended by PD 1257 and further
amended by BP 76, PD 1990 and RA 10707), the Abolition of the Death Sentence Law (RA 9346), the
Juvenile Justice and Welfare Act (RA 9344, as amended by RA 10630), the Cybercrime Prevention Act
of 2012 (RA 10175), the Comprehensive Firearms and Ammunition Regulations Act (RA 10591) and
the new GCTA Act (RA 10592).
Course References:
COURSE READINGS AND REFERENCES:
1. The Revised Penal Code-Criminal Law, Book I, Luis B. Reyes

2. Fundamentals of Criminal Law Review, Dean Antonio L. Gregorio
3. Revised Penal Code (Book I), Attys. J. M. Calderon & Brenn S. Taplac
4. Compact Reviewer in Criminal Law, Leonor D. Boado
5. Revised Ortega Lecture Notes on Criminal Law - https://www.scribd.
com/doc/27915189/
Background of the Revised Penal Code
The RPC was prepared by the Code Committee headed by the late Justice
Anacleto Diaz and in its preparation, the Committee considered the following
criteria:
1. The penal legislation found in the statute books;
2. The rulings of the Supreme Court; and
3. The conditions then present in the Islands.
Various penal acts enacted during the early years of the American
administration were also incorporated in the RPC like the laws on libel,
malversation, gambling, and others.
Preliminary Chapter
Criminal Law - it refers to that branch of municipal law which defines
crimes, treats of their nature, and provides for their punishment.
Crime - it is the commission or omission by a person having capacity,
of any act, which is either prohibited or compelled by law and the
commission or omission of which is punishable by a proceeding
brought in the name of the government whose law has been violated.
A crime may be a/an:
a.Felony
b.Offense
c.Misdemeanor or infraction
Preliminary Chapter
Sources of Philippine Penal laws:
1. The Revised Penal Code (Act 3815, as amended) approved on December
8, 1930 which took effect on January 1, 1932;
2. Acts of Philippine Legislature, National Assembly, Congress of the
Philippines, Batasang Pambansa, and such other laws like presidential
decrees punishing offenses.
3. Special laws
4. Executive edicts/decrees, (e.g., PDs and EOs issued during time of
extraordinary emergencies)
Preliminary Chapter
Who has the power to define and punish an act as a crime?
Only the Legislative Department where the legislative power is vested under
the Constitution. However, this power may be exercised by the Chief
Executive in the following cases -
a. Thru an executive order may perform this prerogative in the in the
exercise of his emergency powers properly delegated by law;
b. During Martial Law (Proclamation 1081);
c. Thru Amendment No. 6 of the 1973 Constitution.
Preliminary Chapter
Limitations on the power of the Legislature to enact penal laws:
While Congress is the branch of the government that has the sole
power to declare an act as a crime, the 1987 Philippine Constitution
sets limitations upon such power which are as follows:
1.It cannot enact class legislation (laws must be of general
application and must not violate the equal protection clause);
2.Congress cannot enact laws that operate ex post facto;
3.It cannot enact bills of attainder; and
4.It cannot enact laws prescribing cruel and unusual punishments, or
imposing excessive fines.

Preliminary Chapter
Philosophies underlying the criminal law system:
1. Classical/Juristic Philosophy
2. Positivist/Realistic Philosophy
3. Eclectic/Mixed Philosophy
Preliminary Chapter
1. Classical theory –
a. Man is essentially a moral creature with an absolutely free will to
choose between good and evil and therefore more stress is placed
upon the result of the felonious act than upon the criminal himself;
b. Basic criminal liability is human free will and the purpose of the
penalty is retribution. It endeavors to establish a mechanical and
direct proportion between the crime and penalty;
c. Crime is a juridical entity and penalty is an evil and a means of
juridical tutelage
Preliminary Chapter
Philosophies underlying the criminal law system (continuation):
2.Positivist theory –
a. Man is subdued occasionally by a strange and morbid phenomenon
which conditions him to do wrong in spite of or contrary to his volition;
b.Crime is essentially a social and moral phenomenon and it cannot be
treated and checked by the imposition of punishment fixed and
determined but thru the enforcement of individual measures in such
particular case after a prior investigation conducted by a competent body
of psychiatrists and social scientists. Penalty is imposed for self defense.
c.Basis of the criminal liability of the criminal is his dreadfulness or
dangerous state.
•
Preliminary Chapter
3. Eclectic/Mixed Philosophy –
Combines the good features of the classical and the positivist
philosophies. Crimes that are economic and social in causes
should be dealt with the positivist way; penalty should be geared
towards the reformation of the offender (more compassionate).
Heinous crimes, on the other hand, should be dealt with the
classical attitude; thus, imposition of capital punishment (death
penalty) may be justified. The RPC today follows the mixed/
eclectic philosophy.
Preliminary Chapter
Characteristics of Penal Laws:

1. Generality
2. Territoriality
3. Prospectivity
Preliminary Chapter
Characteristics of Penal Laws:
1. Generality - Criminal statutes are binding upon all persons who live or
sojourn within the territory regardless of their nationality, race, sex, age, creed
and other personal circumstances.
Exceptions:

Cases where principles of public international law are to apply, such as those
involving sovereigns or heads of state, ambassadors, ministers plenipotentiary and
ministers-resident, charges d’affairs, and attaches of other countries.

Cases excepted by treaties or treaty stipulations (1 Par., Art. 2, RPC);
st
and,

Cases covered by laws of preferential application, e.g., RA 75 in favor of
diplomatic representatives and their domestic servants.
Preliminary Chapter
Characteristics of Penal Laws (continuation):
2.Territoriality - Penal laws are strictly territorial in application. They have no legal effect
outside the state's territorial boundaries, (which includes the terrestrial or land areas,
maritime zones, and aerial spaces).
Exceptions:
Those cases enumerated in Article 2 of the Code
RA 10175 (Cybercrime Prevention Act of 2012) violations by a Filipino even if abroad; if cybercrime is
committed with use of any computer system wholly or partly situated in Philippines; and, if the
cybercrime caused damage to a natural or juridical person in the Philippines at time of offense. (Sec. 21)
RA 9208 (Anti-Trafficking in Persons Act of 2012", as amended by RA 10364) violations by a Filipino
citizen even if abroad, or by a resident of the Philippines, or if the victim of trafficking is a Filipino citizen.
(Section 26-A)
Section 2 of RA 11479 (The Anti-Terrorism Act of 2020) declared terrorism as a crime against humanity
and the law of nations. Acts of terrorism defined and penalized in Sections 4 to 12 of the law, if
committed by a citizen of the Philippines, even outside our territorial boundaries maybe prosecuted in
Philippine courts. If offender is not a citizen of the Philippines, our courts will have jurisdiction only when
such offender enters or is brought into the Philippines. (Sec. 49, RA 11479).
Preliminary Chapter
3. Prospectivity (irretrospectivity) - A penal law cannot be made to cover
acts which were not yet punishable at time they were committed. (Art. 21)
Exception:
Penal laws favorable to the accused can be given retroactive effect,
disqualifying only habitual delinquents and those specifically made so by
the special law.
penal laws are not retroactive,

except when favorable to the accused,
excluding only habitual delinquents and those especially disqualified by the special law.
Preliminary Chapter
3.Prospectivity
When is a new law considered favorable to the accused, or create

conditions favorable to him?
 if it abolishes the crime;
 if it lowers the penalty;
 if it shortens the prescriptive period; or
 if it requires additional evidence to convict.
Preliminary Chapter
Rules of Construction of the Code:

Its provisions are construed strictly against the State and
any doubt is resolved in favor of the accused. (US v. Abad
Santos, 36 Phil. 243, Pp v. Uy Jui Pio, 102 Phil. 679); and,
Since Act No. 3815 was written and enacted in Spanish,
the original Spanish text prevails over the English text or
translation.
Preliminary Chapter
Modes of Repeal of Penal Laws
1. Express repeal - when the repealing law categorically states that the old law is repealed.
2. Implied repeal - when the new law is repugnant to the prior law to such an extent that
the two cannot stand together. Here, the two laws mutually repugnant must deal with
the same subject matter and must have the same or identical objectives.
3. Repeal by reenactment - where the new law reproduced the old law but either adds or
lessens the elements required to constitute the offense.
4. Repeal by codification - where several statutes dealing with different subject matters
are gathered together and codified. Those provision in the old law that are not included
in the repealing Code are deemed repealed.
Preliminary Chapter
Effects of Repeal of Penal Laws
1. Express –
a. if repeal is absolute and the accused should be acquitted unless the
repealing law contains a saving clause to the effect that violations
committed prior to the repeal should be punished under the old law.
(Lagrimas vs. Director of Prisons, 57 Phil. 247);
b. if the repealing law does not punish the act which constituted a crime under
the prior law, the court loses jurisdiction over the case. (Pp vs. Pastor, et al.,
77 Phil. 1000);
2. Implied – such as by reenactment, the court is not deprived of jurisdiction
as the criminal liability of the accused still subsists. (US vs. Cuna, 12 Phil. 241)
Preliminary Chapter
Additional Effects of Repeal of Penal laws:
1. If the repeal makes the penalty lighter in the new law, the new law shall be applied.
Exceptions:
a. When the offender is a habitual delinquent; or,
b. When the new law itself says it shall not be applicable to pending actions or existing causes
of action.
2. If the new law imposes a heavier penalty, the law in force at the time of the commission of
the offense shall be applied.
3. If the new law totally repeals the existing law so that the act is no longer punishable, the
crime is obliterated.
Preliminary Chapter
What offenses are not triable/punishable under the RPC?
1. Those punished under special laws, RPC has only suppletory effect;
2. Those committed by persons exempted from local criminal jurisdiction by reason of
treaty stipulations or laws of preferential application;
3. Those committed by persons not subject to local jurisdiction under the principles of
public international law;
4. Those committed outside the territorial jurisdiction of the Philippines, except as
provided in Art. 2; and
5. Violations of the Articles of War, which are triable by Courts Martial or Military
Commissions
TITLE ONE
FELONIES AND CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY

Article 1: Time when Act takes effect:

Enacted in the Spanish language, the Revised
Penal Code (Act No. 3815) took effect on January
1, 1932.
TITLE ONE - FELONIES AND CIRCUMSTANCES
AFFECTING CRIMINAL LIABILITY
Rules in the Interpretation of Penal Laws:
When there is ambiguity or conflict between the original or Spanish
text and the official translation (English text) of the RPC, “the
language used in the original text in which the penal law is
approved will govern." (Sec. 15, Revised Administrative Code; Pp vs.
Manaba, 58 Phil. 665, 688).
Penal laws are strictly construed against the State and liberally in
favor of the accused. (US vs. Abad Santos, 36 Phil. 243, Pp vs. Uy
Jui Pio, 102 Phil. 679, Pp vs. Terrado, 125 SCRA 648 [1983]);
Fundamental Principles Peculiar to Criminal Law
1. The Pro Reo Doctrine - Whenever a penal law is to be construed,

interpreted or applied and the law admits of two interpretations, one harsh
to the offender and one lenient to him, that interpretation which is lenient or
favorable to the offender will be adopted. Our Supreme Court has made the
observation that even our Penal Code inclines towards a milder criminal
responsibility. The doctrine is in line with the rule on presumption of
innocence.
Fundamental Principles Peculiar to Criminal Law (continuation):

2. Actus non facit reum, nisi mens sit rea. (“The act cannot be criminal
where the mind is not criminal” rule.) - Most crimes (intentional
crimes), consists of two broad elements, namely: mens rea which
means "a guilty mind", and actus reus which literally means "guilty act"
or overt act in furtherance of a crime. To constitute criminal behavior,
the actus reus and the mens rea must occur simultaneously. The
rationale behind the rule is that it is wrong for society to punish those
who innocently cause harm. And requiring an overt act as part of a
crime means that society has also chosen to punish only bad deeds,
not bad thoughts. The rule may be restated, thus: "The act would not
be criminal where the mind is not criminal."
3.Nullum crimen, nulla poena sine lege (“There is no crime when

there is no law punishing the same.”)
This is true in countries observing the civil law system, like the
Philippines. Because of this doctrine, there is no common law
crime in the Philippines. Common law crimes are wrongful acts
which the community or society condemns as reprehensible and
subject to certain forms of sanction, even though there is no law
declaring the act criminal or punishable.
4. Doctrine of Mistake of Fact - A misapprehension of facts on the part of the person who
caused injury to another but who would not be criminally liable because his act would have
been lawful and justified had the facts been as he believed them to be. (U.S. v. Ah Chong, G.
R. No. L-5272, March 19, 1910). The doctrine applies only to intentional felonies.
Elements of Mistake of fact as a defense:
The act would have been lawful had the facts been as the accused believed them to be;
The intention of the accused in doing the act was lawful; and,
The mistake was without fault or carelessness on the part of the accused.
Categories of Crime
1. Mala en se - inherently wrong, evil or bad such that they are given universal condemnation.
Criminal intent is essential and, so, good faith or lack of criminal intent is a valid defense. As
to their commission, criminal liability is generally incurred even when it is only in attempted or
frustrated stage. As to penalty imposable, the degree of participation of each accused is taken
into account in imposing the penalty. Mitigating and aggravating circumstances are
appreciated in imposition of the penalties.
2. Mala prohibita - not evil in themselves, but law prohibits them for the common good or
public welfare. They became wrong only because a law is passed declaring them punishable.
Here, criminal intent is not necessary, hence, only duress or lack of voluntariness in the
commission of the act may be entertained as a valid defense. As to their commission, the act
gives rise to a crime only when it is consummated. There is no attempted or frustrated stages,
unless otherwise stated by the special law defining the offense. The degree of participation of
any offender is not considered. There are no principals, accomplices or accessories.
Mitigating and aggravating circumstances are not appreciated, unless the special law has
adopted the scheme of penalties in the RPC.
•
TITLE ONE
Felonies and Circumstances which Affect Criminal
Liability
ARTICLE 2: Application of its provisions
As a general rule, our penal laws are enforceable only within our territorial boundaries.
Exceptions:
1. Those committed on Philippine ship or airship;
2. Forgery or counterfeiting of coin or currency note of the Philippines or obligations and
securities issued by the Government of the Philippines;
3. Acts connected with the introduction into the Philippines of the obligations and
securities mentioned in the preceding number;
4. Offenses committed by public officers or employees in the exercise of their functions;
5. Crimes against national security and the law of nations defined in Title One of Book Two
of the RPC
TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
ARTICLE 2: Application of its provisions

1. Cases where the Provisions of the RPC are Applicable even if felony is
committed outside of the Philippines:
General Rule: Our penal laws are enforceable only within our territorial boundaries.
Exceptions:
1. Crimes enumerated in Article 2, RPC;
2. Offenses defined in Section 21 of RA. 10175;
3. Offenses defined in Section 26-A of RA 9208, as amended; and,
4. Crimes of terrorism under RA 11479
TITLE ONE
Crimes Enumerated in Article 2, RPC
When the offender should commit an offense while on a Philippine ship/airship cruising/
flying in high seas/airspace not part of territory of any country
Philippine Vessel:
a. A Philippine vessel or aircraft is one registered in the Philippine Bureau of Customs. It is

registration of the vessel in accordance with the laws of the Philippines which makes it
a Philippine ship, not the citizenship of its owner.
b. Such vessel when beyond the maritime zone is considered an extension of Philippine
national territory.
TITLE ONE
Crimes Enumerated in Article 2, RPC (continuation):

Foreign Vessel:
If a foreign vessel or aircraft is within the territory of the Philippines (in the same way
that if Philippine vessel or aircraft is within the territory of a foreign country) and a

crime is committed onboard, there are two rules as to jurisdiction, the French Rule
and the English Rule.
The French Rule (or nationality rule). Jurisdiction over the crime is determined by the
flag which the vessel flies, unless the crime committed endangers the national

security of the foreign country where the vessel is, in such case said foreign country
will have jurisdiction over the case.
The English Rule (or territoriality rule). The law of the host country will apply, except
if the crime affects only the internal management of the vessel, in which case it is the

penal law of the country where the ship is registered which will have jurisdiction. The
Philippines subscribes to the English Rule.
TITLE ONE
Crimes Enumerated in Article 2, RPC (continuation):
Foreign Vessel:
If the foreign country does not prosecute the offender, he could be tried before the court of
the Philippines.

If the act is not punishable in the foreign country which owns the vessel but such act is
punishable under our laws, our courts will have jurisdiction.

If the destination of the foreign vessel is a Philippine port, (i.e., not just passing through),
crime of possession of opium committed on board is triable by Philippine courts. (U.S. vs. Ah

Sing, 36 Phil. 978). If the foreign vessel is merely in transit, such crime is not triable in our
courts. But if the opium was smoked while in Philippine territory, hence, the pernicious
effects would have been felt here, our courts will have jurisdiction.
If a foreign vessel sailing from another country enters Philippine waters and a continuing
crime is committed onboard, that crime is triable in our courts. (U.S. vs. Bull, supra).

The above rules cover only merchant ships and airships. Warships are always subject to the
law of the country that owns them; they are notoriously extensions of that country

TITLE ONE
ARTICLE 2: Application of its provisions (continuation):
2. Forgery or counterfeiting of coin or currency note of the Philippines or
obligations and securities issued by the Government of the Philippines.
3. Acts connected with the introduction into the Philippines of the obligations
and securities mentioned in the preceding number;
Note: The reason for exceptions No. 2 & 3 is to maintain and preserve the
financial credit and stability of our monetary system. (A sweepstake ticket is
an obligation of the Philippine Government).
4. Offenses committed by public officers or employees in the exercise of their
functions.
Exception: RPC governs if the crime was committed within the Philippine
embassy grounds in foreign country. This is because embassy grounds are
considered an extension of sovereignty.
TITLE ONE

5. Crimes against national security and the law of nations defined in Title
One of Book Two of the RPC.
The reason for this exception is to safeguard the existence of the state.
a. Piracy and mutiny are crimes against the law of nations. Treason and
espionage are crimes against the national security of the state.
b. Take careful note that rebellion is neither; it is a crime against public order.
Persons who hatch rebellion abroad are not covered by the exception.
c. Piracy, being a crime against the whole of mankind, is triable anywhere.

TITLE ONE

6. Cybercrimes committed by a Filipino, even if abroad; cybercrimes committed with
use of any computer system wholly or partly situated in Philippines; and,
cybercrimes causing damage to a natural or juridical person in the Philippines at
time of offense. (Sec. 21 of RA 10175, the Cybercrime Prevention Act of 2012)
7. Human trafficking committed by a Filipino citizen or by a resident of the
Philippines, even if abroad; or, if the victim of trafficking is a Filipino citizen. (Section
26-A of RA 9208, the Anti-Trafficking in Persons Act of 2012", as amended by RA
10364)
8. Acts penalized as crime under Sections 4 to 12 of RA 11479 even if committed
outside Philippine geographical boundaries may be prosecuted before our courts.
TITLE ONE
What are transnational or extraterritorial crimes?

These are crimes whose elements take place in more
than one country, thus states resorted to the principles of
auxiliary competence to justify their jurisdiction over
crimes with extraterritorial elements
TITLE ONE
ARTICLE 3. DEFINITIONS. — Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault when the
wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
Elements of Felony (delito)
1. An act or omission
2. It must be punishable by the RPC
3. The act is performed or the omission is incurred by means of dolo or culpa.

TITLE ONE
KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL

LIABILITY
1. intentional felonies
2. culpable felonies
3. offenses punishable by special laws

TITLE ONE
KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL LIABILITY

I. Intentional Felonies - Acts which are malicious or have the intent to do injury to
another.
Elements (FIC):
1. Freedom of action – offender must have freely or voluntarily committed the act
or omission;
2. Intelligence – offender must have intelligence while performing the act or
omission; and,
3. Criminal intent.
TITLE ONE
KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL LIABILITY (continuation)

Specific intent and General intent
• As a general rule, criminal intent is presumed from the commission of an unlawful act.
However, where intent is an element of the crime, (i.e., specific criminal intent, such as
“intent to gain” in theft), the intent cannot just be presumed but must be established by
evidence.
• In homicide intent to kill is an essential element. So, in a charge of attempted or

frustrated homicide evidence of intent to kill is crucial, because if it becomes apparent
that there was no intent to kill, the crime is only physical injuries.
• Yet, if there was no intent to kill at the start but death nonetheless resulted, the charge
will be homicide, because in such case criminal intent becomes a general intent, which is
presumed.
TITLE ONE

(continuation)
How do you determine if intent to kill is present?

Intent is hard to prove since it is a mental process. Intent to kill may be
established by:
1. The nature of the weapon used;
2. Number and location of the wounds inflicted; or,
3. Behavior of the accused immediately before, during, and immediately
after the commission of the crime.
TITLE ONE

(continuation)
Intent vs. Motive
• Intent is a person's state of mind regarding aim or purpose, which is

usually manifested by the use of a particular means to effect the desired
result.
• Motive is the moving power which impels one who acts towards an
intended result. Motive is not an essential element of a crime. Proof of
motive is not indispensable for purposes of conviction where guilt is
otherwise established by sufficient evidence.
TITLE ONE
KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL LIABILITY (continuation)

Question of motive becomes relevant only when:
1. Identity of the offender is in doubt;
2. There are two opposing theories or versions in the commission of a crime;
3. Identification of the accused was made by an unreliable source and the

testimony is inconclusive and not free from doubt;
4. Evidence is circumstantial in determining what crime was committed; or
5. Suspicion is to fall upon a number of persons.

TITLE ONE

(continuation)
II. Culpable Felonies - Performed without malice, an intermediate act
which the RPC qualifies as imprudence or negligence
Elements (FII):
1. Freedom of action – offender must have freely or voluntarily
committed the act or omission;
2. Intelligence – offender must have intelligence while performing the
act or omission; and,
3. Imprudence or Negligence
TITLE ONE

(continuation)
imprudence - indicates a deficiency of action. It usually involves lack of skill.
Reckless imprudence - consists in voluntarily, but without malice, doing or
failing to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the actor, taking into
consideration his employment or occupation, degree of intelligence, physical
condition and other circumstances relating to persons, time and place.
Simple Imprudence - consists in the lack of precaution displayed in those
cases in which the damage impending to be caused is not immediate nor the
danger clearly manifest.
Negligence - indicates a deficiency in perception. It usually involves lack of
foresight.
TITLE ONE
KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL

LIABILITY (continuation) III. Crimes defined and punished by
special laws

intent is irrelevant, (i.e., lack of criminal intent is not a defense).

it is enough that the prohibited act is done freely and
consciously, (i.e., not under duress).
TITLE ONE
ARTICLE 4. How criminal liability is incurred

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 on account of the
employment of inadequate or ineffectual means.
TITLE ONE
ARTICLE 4. How criminal liability is incurred (continuation)

I. 1st PART of article 4: (criminal liability for results not intended)
Elements:
1. An intentional felony has been committed; and,
2. The wrong done is the direct, natural and logical result of the
act committed by the offender, (i.e., proximate cause)
TITLE ONE

What is proximate cause?
Proximate cause is that cause which, in natural and continuous sequence unbroken by any
efficient intervening cause, produces injury and without which the result would not have
occurred. In short, "the cause of the cause of the evil caused."
The rule is that when a person, by a felonious act, generates in the mind of another a sense
of imminent danger, prompting the latter to escape from or avoid such danger and in the
process, sustains injuries or dies, the person committing the felonious act is responsible
for such injuries or death. (People vs. Apra, SCRA 1037, People vs. Pajotal, G.R. No. 142870
November 14, 2001)
TITLE ONE

Three ways of committing wrongful act with result not intended
1. Aberatio ictus (mistake in the victim of the blow) - occurs when the
offender delivered the blow directed at his intended victim but missed,
and the blow instead landed on an innocent bystander.
The situation generally brings about a compound crime. A single act
resulted to two or more grave or less grave felonies, to wit:
1. The attempted crime against the intended victim; and,
2. The actual harm or consequence on the unintended victim.
TITLE ONE

Three ways of committing wrongful act with result not intended
2. Error in personae (mistake in identity) - occurs when the offender actually
hit the person to whom the blow was directed but who turned out to be a
different person/not the intended victim. The accused is criminally liable for
his act notwithstanding that the actual victim turned out to be a different
person.
3. Praeter intentionem (result not intended) - the injurious result is greater
than what was intended. It mitigates the liability of the offender when there is
a notable disparity between the means employed or the act of the offender
and the resulting felony.
TITLE ONE
2. 2nd PART of Article 4: (impossible crime, etc.) 2G

Elements of inherently impossible crime
a. Act done would have been an offense against persons or property
b. Act was done with evil intent
c. Its accomplishment is inherently impossible
TITLE ONE
2. Crime not accomplished because of employment of ineffectual means
3. Crime not accomplished because of employment of inadequate means
Elements:
a. Act done would have been an offense against persons or property
b. Act was done with evil intent
c. Crime is not accomplished because the means employed is either inadequate or ineffectual
TITLE ONE
ARTICLE 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
EXCESSIVE PENALTIES. — Whenever a court has knowledge of any act which it may deem
proper to repress 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.
TITLE ONE
ARTICLE 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 (continuation)
There are no common law crimes in the Philippines. So, if a wrongful act or omission not
punished by law (common law crime) is made subject of a case filed in court, Article 5
mandates for the trial court to properly render the decision of acquittal (or issue the order of
dismissal), on the ground of lack of merit, but thereupon to write or recommend to the
President, through the DOJ, that such or similar acts/omissions be made object of a penal
legislation.
Common law crimes are acts or omissions that are morally wrong or manifestly repulsive to
good customs, established traditions or public policy but no law has declared them punishable.
To date they have not been declared as a crime. Hence, if there is no law punishing an act or an
omission of which a person is charged, the Court must dismiss the case. Customs are not
sources of criminal law, hence, if there is no crime, the act or omission committed should not
be punished.
TITLE ONE
ARTICLE 6. Stages in the execution of

felonies
1.Consummated
2.Frustrated
3.Attempted
TITLE ONE
Article 6: Stages in the Commission of Crime (continuation)

Material versus Formal Crimes:
Material felonies are those that admit of different stages of
execution, (e.g., attempted stage, frustrated stage).
Example: homicide.
Formal felonies are always consummated. It is formal if it’s
impossible to commit the acts necessary to bring about the
desired result without consummating the offense.
Example: falsification and slander.
TITLE ONE
I. Attempted Stage – the offender begins committing the crime directly by
overt acts but does not perform all the acts of execution which should
produce the felony, by reason of some cause or accident other than his own
spontaneous desistance.
Development of Intentional Crime

a. Internal Acts – mere ideas in the mind of a person; not punishable if not
carried out
b. External Acts – covers preparatory acts and acts of execution:

TITLE ONE

External acts:
a. Preparatory Acts – acts which are ordinarily not punishable, (except in certain
felonies declared by law punishable even at proposal/ conspiracy-hatching stage)
.
Example: Buying of poison or carrying a weapon, carrying inflammable materials to
particular place.
• For merely doing these acts, a person is not liable for attempted homicide or
attempted arson because they do not constitute even the first stage, (e. g, overt
acts) of execution of those crimes.
• Conspiring or planning to commit the crime (except in crimes of rebellion, coup
d'etat, treason, sedition, arson, etc.)
TITLE ONE

b. Acts Of Execution, namely:
1. Attempted Stage (starts at overt acts). Overt act is the start of criminal
liability. It is an outward act done in pursuance and manifestation of a
criminal intent or design. An overt act, if allowed to continue, will
logically result in a felony.
2. Frustrated Stage
3. Consummated Stage
TITLE ONE
Subjective Phase vs. Objective Phase:
Subjective phase is that portion of the acts constituting the crime, starting
from the point where the offender begins the commission of the crime to
that point where he still control over his acts, including its (the act's) natural
course.
Objective phase, the offender no longer has control over his acts until the
last act of the offense. If the offense is not produced, then it is frustrated.
TITLE ONE

2. Frustrated Stage - the offender has performed all acts of
execution which would produce the felony as a consequence but
which, nevertheless, did not produce it by reason of causes
independent of his will. (Crime was at the verge of
accomplishment).
3. Consummated stage - all elements necessary for its execution
and accomplishment are present. When the subjective and
objective phases in the commission of the crime are both present
and the felony is accomplished, there is a consummated felony.
TITLE ONE
ARTICLE 7. When light felonies are punishable - Light felonies are
punishable only when consummated, except if crime against persons
or property, it is punishable even if it is only attempted or frustrated.
Rules on Light Felonies
General Rule: Light felonies are punishable only when consummated.
Exception: If it is a crime against persons or property, it is punishable
even if it is only attempted or frustrated.
TITLE ONE
Liability
ARTICLE 8. Conspiracy and Proposal to commit felony
Conspiracy - when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
Proposal - when the person who decided to commit a felony
proposes its execution to some other person or persons.
Requisites of Proposal:
1. A person has decided to commit a felony; and
2. He proposes its execution to some other person or persons.
TITLE ONE
Express Conspiracy and Implied Conspiracy (referring to the determination of the criminal
resolution)
Express Conspiracy – when the offenders had occasion to meet, confer with one another
and agree as to the particular manner they are going to carry out their criminal design.
Proof of such a conspiracy is usually the testimony of an "insider" in the conspiracy
(whistleblower), or at least documentary evidence of the conspiracy. Legal effect once
express conspiracy is proven: “The act of one becomes the act of all co-conspirators.”
Implied Conspiracy – There is no direct proof of a previous agreement. Implied conspiracy

is one that is only inferred or deduced from the behavior of the participants while actually
committing the crime. Where the offenders acted in concert; meaning, that their acts are
coordinated or synchronized in a way indicative that they are pursuing a common criminal
objective, they shall be deemed to be acting in conspiracy and their criminal liability shall
be collective, not individual.
TITLE ONE
Legal effects of an implied conspiracy
1. Not all those who are present at the scene of the crime will be considered conspirators;
2. Mere presence at the crime scene is not necessarily indicative of criminal conspiracy in
the absence of any other proof of concerted criminal purpose (People vs. Baccoy, et. Al.,
388 SCRA 641).
3. Only those who participated by criminal acts in the commission of the crime will be
considered as co-conspirators; and,
4. Mere acquiescence to or approval of the commission of the crime without any act of
criminal participation, shall not render one criminality liable as co-conspirator.
TITLE ONE
ARTICLE 9. Classification of felonies according to gravity

1. Grave felonies - crimes to which the law attaches the capital
punishment or afflictive penalties in accordance with Art. 25 of
the RPC.
2. Less grave felonies - crimes to which the law punishes with
penalties which in their maximum period are correctional in
accordance with Art. 25 of the RPC.
3. Light felonies - infractions of law for the commission of which
the penalty of arresto menor or a fine not exceeding P40,
000.00, or both, is provided. (Art. 25, 26 of the RPC).
TITLE ONE
ARTICLE 10. Offenses not subject to the

provisions of RPC — Offenses which are
or in the future may be punishable under
special laws are not subject to the
provisions of this Code.
TITLE ONE
Chapter 2 – Circumstances affecting criminal liability
Circumstances Affecting Criminal Liability

1. Justifying
2. Exempting
3. Mitigating
4. Aggravating
5. Alternative
6. Absolutory
7. Extenuating
TITLE ONE
ARTICLE 11. Justifying circumstances

1. Self-Defense
2. Defense of Relatives
3. Defense of Stranger
4. State of Necessity
5. Fulfillment of Duty
6. Obedience to Superior Order
TITLE ONE
ARTICLE 12. Exempting circumstances

1. Imbecility and insanity
2. Minority
3. Accident
4. Irresistible force
5. Uncontrollable fear
6. Insuperable or lawful cause

TITLE ONE
Chapter 3 – Circumstances which mitigate criminal liability
ARTICLE 13. Mitigating Circumstances

1. Incomplete justifying and Exempting circumstances
2. Minority (Age)
3. Lack of intention to commit so grace a wrong (praeter intentionem)
4. Sufficient threat or provocation
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender of confession of guilt
8. Physical defect of the offender
9. Illness of the offender
10.Analogous circumstances
TITLE ONE
Liability
Chapter 4 – Circumstances which aggravate criminal liability
ARTICLE 14. Aggravating circumstances
1. Advantage taken of public position
2. Contempt or insult to public authorities
3. Disrespect of age, rank, sex, of the offended party or commission of the crime in the dwelling of the
offended party
4. Abuse of confidence or obvious ungratefulness
5. Place of commission of the offense
6. Band, nighttime or uninhabited place
7. Occasion of calamity
8. Aid of armed men
9. Recidivism
10.Reiteracion
TITLE ONE
Chapter 4 – Circumstances which aggravate criminal liability
ARTICLE 14. Aggravating circumstances (continuation)
11. Price, reward or promise
12. Inundation, fire, poison, explosion, stranding of a vessel, derailment, use of artifice
involving great waste and ruin
13. Evident premeditation
14. Craft, fraud, or disguise
15. Abuse of superior strength
16. Treachery or Alevosia
17. Ignominy
18. Unlawful entry
19. Breaking pf wall
20. Aid or minors, or motor vehiches
21. Cruelty
TITLE ONE
Chapter 5 – Alternative circumstances
ARTICLE 15. Alternative circumstances
Concept of alternative circumstances - Those which must be considered as

aggravating or mitigating according to the nature and effects of the crime
and other condition attending its commission
Alternative circumstances:
1. Relationship
2. Intoxication
3. Degree of instruction and education
Title II
Persons Criminally Liable for Felonies
ARTICLE 16. Who are criminally liable
For grave and less grave felonies:

1. Principals
2. Accomplices
3. Accessories
For light felonies:

1. Principals
2. Accomplices
Title II
ARTICLE 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.
Three types of principals:
a. principal by direct participation
b. principal by inducement
c. principal by indispensable cooperation
Title II
ARTICLE 18. Accomplices - persons who are present in the commission of the crime but
are not considered principals
ARTICLE 19. Accessories - an accessory does not participate in the criminal design, nor
cooperate in the commission of the felony, but, having knowledge of the commission of the
crime, he subsequently takes part in it in 3 ways:
1. By profiting from the effects of the crime
2. By concealing the body of the crime or by concealing the effects or instrument of the
crime in order to prevent its discovery
3. By harboring, concealing, or assisting in the escape of the principal, provided, he acts
with abuse of his public functions or the principal is guilty of treason, parricide, murder,
or attempt on the life of the Chief Executive or is known to be habitually guilty of some
other crime
Title II
ARTICLE 20. Accessories who are exempt from criminal liability
1. Spouse ascendant, descendant, legitimate, natural and adopted brothers

and sisters, or relatives by affinity within the same degree, or,
2. When the felony committed is a light felony

Title III – Penalties
Chapter 1 – Penalties in General
Concept of penalty:
Penalty is its general sense signifies pain, especially considered in the juridical
sphere, it means suffering undergone, because of the action of human society, by
one who commits a crime.
Nature of penalties in the Revised Penal Code:
1. Rigid
2. Elastic
Theories justifying penalty:
1. Absolute theory
2. Relative theory –
Three-fold purpose of penalty under the Code:
1. Retribution or expiation
2. Correction or reformation
3. Social defense
ARTICLE 21. Penalties that may be imposed - No felony shall be

punishable by any penalty not prescribed by law prior to its commission.
ARTICLE 22. Retroactive effect of penal laws

No retroactive effect if:
1. the offender is a habitual delinquent as defined in Art. 62(5)
2. the new or amendatory law is not favorable to him
3. the new or amendatory law provides against its retrospective application.

ARTICLE 23. Effect of pardon by the offended party

1. Pardon by the offended party is not a ground for the dismissal of the
complaint or information
2. Pardon by offended party is only a bar to criminal prosecution, it is not a
ground for extinguishments of criminal liability (except in marital rape
under Art. 266-C, RPC)
3. Pardon does not affect the civil liability, unless the same is expressly
waived.
ARTICLE 24. Measures of prevention or safety which are not considered penalties
1. The arrest and temporary detention of accused persons, as well as their detention by reason
of insanity or imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Art. 80 (now R.A. No.
9344) and for the purposes specified therein.
3. Suspension from the employment or public office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures which superior officials may imposed upon their
subordinates in the exercise of their administrative or disciplinary powers.
5. Deprivation of rights and the reparation which the civil law may establish in penal form.
Chapter 2 – Classification of Penalties
ARTICLE 25. Penalties which may be imposed
Principal penalties:
Capital punishment – Death (RA 9346 prohibits the imposition of Death penalty)
Afflictive penalties - Reclusion perpetua, Reclusion temporal, Perpetual or temporary

absolute disqualification, Perpetual or temporary special disqualification, Prision mayor.
Correctional penalties - Prision correccional, Arresto mayor, Suspension, Destierro.
Light penalties - Arresto menor, Public censure.
Penalties common to the three preceding classes - Fine, and Bond to keep the peace.
ARTICLE 25. Penalties which may be imposed

ACCESSORY PENALTIES:
1. Perpetual or temporary absolute disqualification, Perpetual or temporary special

disqualification,
2. Suspension from public office, the right to vote and be voted for, the profession or
calling.
3. Civil interdiction,
4. Indemnification,
5. Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.
ARTICLE 26. FINE. – When Afflictive, correctional or light penalty
Afflictive penalty - if more than P1,200,000.00;

Correctional penalty – if less than P40,000.00 but not more than
P1,200,000.00
Light penalty - if less than P40,000.00
Chapter 2 – Duration and Effects of Penalties
Section 1 – Duration of Penalties
ARTICLE 27. Reclusion Perpetua, etc.
Duration of each different penalties:

Reclusion perpetua - 20 years and 1 day to 40 years
Reclusion temporal - 12 years and 1 day to 20 years
Prision mayor - 6 years and 1 day to 12 years
Prision correccional - 6 months and 1 day to 6 years
Destierro - 6 months and 1 day to 6 years
Arresto mayor - 1 month and 1 day to 6 months
Arresto menor - 1 day to 30 days
Bond to keep the peace - the period is discretionary on the court
ARTICLE 28. Computation of penalties
1. If accused is already in prison - the computation of the penalty shall start from the day on
which the judgment of conviction becomes final.
2. If the accused is not yet in prison: the duration of the penalty consisting of deprivation of
liberty shall be computed from the day the person is placed at the disposal of judicial
authorities for the enforcement of the penalty.
3. Other penalties shall be counted only when offender starts to serve sentence.
4. In the case prisoners under preventive detention, the period of their preventive detention
shall be deducted from their term of imprisonment according to the criteria set under Art.
29, RPC.
ARTICLE 29. Period of preventive imprisonment deducted from the term

of imprisonment
Credited in full - if the detention prisoner agrees voluntarily in writing after
being informed of the effects thereof and with the assistance of counsel to
abide by the same disciplinary rules imposed upon convicted prisoners,
except if they are recidivists or have been convicted twice of more times of
any crime, when up[on being summoned for the execution of sentence they
have failed to surrender voluntarily
Four fifths (4/5) - If the detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted prisoners, he shall do so in
writing with the assistance of a counsel
Section 2 – Effects of the penalties according to their respective nature
ARTICLE 30. Effects of penalties of perpetual or temporary absolute
disqualification
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.
ARTICLE 31. Effect of penalties of perpetual or temporary special disqualification
1. The deprivation of the office, employment, 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.
ARTICLE 32. Effect of the penalties of perpetual or temporary special disqualification for
the exercise of the right of suffrage
1. It 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.
2. The offender shall not be permitted to hold any public office during the period of his
disqualification.
ARTICLE 33. Effects of penalties of suspension from any public office,

profession or calling, or the right of suffrage
It shall disqualify the offender from holding such office or exercising such
profession or calling or right of suffrage during the term of the sentence.
ARTICLE 34. Civil Interdiction

Civil interdiction is an accessory penalty. It causes to deprive the
offender of the following rights during the service of his sentence:
1. Parental authority/guardianship (either as to the person or property
of any ward)
2. Marital authority
3. Management of his property
4. Right to dispose of his property by any act or conveyance inter vivos
ARTICLE 35. Effects of Bond to Keep the Peace

In case of failure to give the bond, the offender shall be detained for a
period which shall in no case exceed six months, if he shall have been
prosecuted for a grave or less grave felony, and shall not exceed thirty days,
if for a light felony.
ARTICLE 36. Pardon; its effect

Effects of pardon by the President
1. It shall not restore the right to hold public office or right of suffrage;
2. It shall not exempt the culprit from the payment of civil liability
ARTICLE 37. Cost; what are included

1. Fees, and
2. Indemnities, in the course of judicial proceedings
ARTICLE 38. Pecuniary liabilities; Order of payment

1. Reparation of the damage caused
2. Indemnification of consequential damages
3. Fine
4. Cost of proceedings
ARTICLE 39. Subsidiary penalty
Subsidiary penalty - It is a subsidiary personal liability to be suffered by the convict
who has no property with which to meet the fine, at the rate of one day for each
amount equivalent to the highest minimum wage rate prevailing at the time of the
rendition of judgment of conviction by the trial court, subject to certain rules.
No subsidiary penalty shall be imposed in the following:

1. The penalty imposed is higher the prision correccional or 6 years;
2. For non-payment of reparation or indemnification;
3. For non payment of costs; and
4. Where the penalty imposed is fine and another penalty without fixed duration, like
censure
Section 3 – Penalties in which other Accessory penalties are Inherent
ARTICLE 40. Death: its accessory penalties

When not executed by reason of commutation or pardon, the penalty of Death has the
following accessory penalties:
1. Perpetual absolute disqualification, and
2. Civil interdiction during 30 years, if not expressly remitted in the pardon
ARTICLE 41. Reclusion Perpetua and Reclusion Temporal; their accessory

penalties
1. Civil interdiction, and
2. Perpetual absolute disqualification, unless expressly remitted in the pardon of the
principal penalty
ARTICLE 42. Prision Mayor; its accessory penalties

1. Temporary absolute disqualification, and
2. Perpetual special disqualification from suffrage, unless expressly
remitted in the pardon of the principal penalty
ARTICLE 43. Prision Correccional; its accessory penalties

1. Suspension from public office, profession or calling, and
2. Perpetual disqualification from suffrage, if the duration of imprisonment
exceeds 19 months, unless expressly remitted in the pardon of the
principal penalty
ARTICLE 44. Arresto; its accessory penalties

Its accessory penalty is the suspension of the right to hold office and the
right of suffrage during the term of the sentence.
ARTICLE 45. Confiscation and forfeiture of the proceeds or instruments of

the crime
The 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.
Chapter 4 – Application of Penalties
Section 1 - Rules for application of penalties to persons
criminally liable and for the graduation of the same
ARTICLE 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.
ARTICLE 47. In what cases the Death penalty shall not be imposed —
(Repealed by RA 9346/modified by Sec. 2 of the Act).
ARTICLE 48. Penalty for Complex crimes

The penalty for the most serious crime shall be imposed, the same to be
applied in its maximum period.
ARTICLE 49. Penalty to be imposed upon the principals when the crime committed is
different from that intended
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense
which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its
maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which
the accused intended to commit, the penalty for the former shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed
by the guilty person shall also constitute an attempt or frustration of another crime, if the law
prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the
attempted or the frustrated crime shall be imposed in its maximum period.
ARTICLE 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.
ARTICLE 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.
ARTICLE 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
ARTICLE 53. Penalty to be imposed upon accessories to the commission of a consummated

felony
The penalty lower by two degrees than that prescribed by law for the consummated felony shall
be imposed upon the accessories to the commission of a consummated felony.
ARTICLE 54. Penalty to be imposed upon accomplices in a frustrated crime
The penalty next lower in degree than prescribed by law for the frustrated felony shall be
imposed upon the accomplices in the commission of a frustrated felony.
ARTICLE 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.
ARTICLE 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.
ARTICLE 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.
ARTICLE 58. Additional penalty to be imposed upon certain accessories

Additional penalty of either absolute perpetual disqualification or absolute temporary disqualification
are imposable against a public officer who is found guilty as "accessory in a crime by concealing or
assisting the escape of the principal", where he acted with abuse of his public functions
ARTICLE 59. Penalty to be imposed in case of failure to commit the crime

because the means employed or the aims sought are impossible
Article 59 imposes the penalty of arresto mayor or fine of P200 to P500 for impossible
crimes and those which were unaccomplished due to employment by the accused of
inadequate or ineffectual means, mentioned in Article 4, No. (2) of the Code.
ARTICLE 60. Exception to the rules established in Articles 50 to 57

This shall not apply to cases where the law expressly prescribes the penalty for a frustrated
or attempted felony, or to be imposed upon accomplices or accessories.
ARTICLE 61. Rules for graduating penalties

1. The rules provided in Art. 61 should also apply in determining the
minimum of the indeterminate sentence under the Indeterminate
Sentence Law. The minimum of the indeterminate sentence is within the
range of the penalty next lower than prescribed by the RPC for the offense.
2. Those rules also apply in lowering the penalty by one or two degrees by
reason of the presence of any privileged mitigating circumstance. (Art. 68
and 69) or when the penalty is divisible and there are two or more
mitigating circumstances and no aggravating circumstance. (Art. 64)
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency
ARTICLE 62. Effects of the attendance of mitigating or aggravating circumstances and

habitual delinquency
1. Aggravating circumstances that are not considered for the purpose of increasing the
penalty
2. Aggravating or mitigating circumstances that serve to aggravate or mitigate the liability
of the offender to whom such are attendant
3. Aggravating or mitigating circumstances that affect the offenders only who had
knowledge of them at the time of the execution of the act or their cooperation therein
4. The circumstances relating to the person participating in the commission of the crime
do not affect all the offenders but only those to whom are attendant, whereas the
circumstances relating to the means employed or material execution of the crime affect
those offenders who have their cooperation therein
ARTICLE 62. Effects of the attendance of mitigating or aggravating

circumstances and habitual delinquency (continuation)
5. Legal effects of habitual delinquency –
a. Third conviction – penalty for the crime committed +additional penalty of prision
correccional medium and maximum periods
b. Fourth conviction – penalty imposed for the last crime + additional penalty of prision
mayor minimum and medium periods
c. Fifth or additional conviction – penalty provided by law for the last crime + additional
penalty of prision
ARTICLE 63. Rules for the application of indivisible penalties

1. Penalty is single and indivisible – penalty is applied regardless of the
presence of mitigating or aggravating circumstances;
2. Penalty is composed of two indivisible penalties –
3. 1 aggravating circumstance present – higher penalty;
4. No mitigating and no aggravating circumstance present – lesser penalty
5. Mitigating and aggravating circumstances offset each other basis is
number and importance
ARTICLE 64. Rules for the application of penalties which contain three
periods
1. No aggravating and no mitigating – medium period.
2. Only a mitigating – minimum period
3. Only an aggravating – maximum period
4. When there are aggravating and mitigating – the court shall offset those of one class
against the other according to their relative weight.
5. Two or more mitigating and no aggravating – penalty next lower in the period
applicable, according to the number and nature of such circumstances.
ARTICLE 65. Rule in cases in which the penalty is not composed of three
periods
This article applies if the penalty is divisible in nature and is not composed
of three periods. If the divisible penalty is imposed in its entirety, the
minimum, medium and maximum periods of penalty are already fixed by law
(Art. 76);
ARTICLE 66. Imposition of Fines

Factors to be considered in the Imposition of Fines:
1. Presence of mitigating and aggravating circumstances;
2. Gravity and seriousness of the crime committed;
3. The heinousness of its perpetration;
4. The magnitude of its effects on the offender’s victim
If the law imposing the fine does not fix the minimum, its determination is
left to the sound discretion of the court, provided it shall not exceed the
authorized maximum
ARTICLE 67. Penalty to be imposed when not all the requisites of

exemption of the fourth circumstance of Article 12 are present
1. The penalty of arresto mayor in its maximum period to prision
correctional in its minimum period shall be imposed if he is guilty of grave
felony;
2. Arresto mayor in its minimum and medium periods if of a less grave
felony
ARTICLE 68. Penalty to be imposed upon a person under eighteen years of

age (Already amended by RA 9344, otherwise known as the "Juvenile
Justice and Welfare Act of 2006")
ARTICLE 69. Penalty to be imposed when the crime committed

is not wholly excusable
A penalty lower by one or two degrees than that prescribed by law
shall be imposed if the deed is not wholly excusable by reason of
the lack of some of the conditions required to justify the same or
to exempt from criminal liability in the several cases mentioned
in Article 11 and 12, provided that the majority of such conditions
be present. The courts shall impose the penalty in the period
which may be deemed proper, in view of the number and nature
of the conditions of exemption present or lacking.
ARTICLE 70. Successive service of sentence

SUCCESSIVE SERVICE OF SENTENCE (The Three-Fold Rule):
When a convict is to serve successive penalties, he will not actually serve

the penalties imposed by law. According to the three-fold rule, the maximum
duration of the convict’s sentence shall not be more than three times the
length of time corresponding to the most severe of the penalties imposed to
him, which in no case shall exceed 40 years.
ARTICLE 71. Graduated scales
Scale 1 Scale 2
Death Perpetual absolute disqualification
Reclusion perpetua Temporary absolute disqualification
Recluaion temporal Suspension from public office, the right to vote and be voted
Prision mayor for, the right to follow a profession or calling
Prision correccional Public censure
Arresto mayor Fine
Destierro
Arresto menor
Public Censure
Fine
ARTICLE 72. Preference in the payment of civil liabilities

The civil liabilities of a person found guilty of two or more offenses shall be
satisfied by following the chronological order of the dates of the judgments
rendered against him, beginning with the first in order of time.
Section 3 –Provisions common to the last two preceding sections
ARTICLE 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.
ARTICLE 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.
ARTICLE 75. Increasing of reducing the penalty of Fine by one or more

degrees
Rules in fixing the fine by one or more degrees:

1. If the law prescribes the minimum and the maximum
2. When only the maximum amount of fine is fixed by law, the determination
of fine is based on the sound discretion of the court but must not exceed
the maximum.
3. For fines which do not consists of a fixed amount but are made
proportional.
ARTICLE 76. Legal period of duration of divisible penalties

Time included in the penalty in Time included in its minimum Time included in its medium
Penalties Time included in its maximum
its entirety period period
From 14 years, 8 months

From 12 years and 1 day to From 12 years and 1 day to From 17 years, 4 months
Reclusion temporal and 1 day to 17 years and 4
20 years. 14 years and 8 months. and 1 day to 20 years.
months.
From 6 years and 1 day to
12 years From 6 years and 1 day to 8 From 8 years and 1 day to From 10 years and 1 day to
Prision mayor, absolute years. 10 years. 12 years.
disqualification and special

temporary disqualification

.
From 2 years, 4 months and
Prision correccional, From 6 months and 1 day to From 6 months and 1 day to From 4 years, 2 months and
1 day to 4 years and 2
suspension and destierro 6 years. 2 years and 4 months. 1 day to 6 years.
months.
From 1 month and 1 day to From 2 months and 1 day to From 4 months and 1 day to
Arresto mayor From 1 to 2 months.
months. 4 months. 6 months.
Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.
ARTICLE 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.
Complex penalty - is a penalty prescribed by law composed of three distinct

penalties: each forming a period: the lightest of them shall be the minimum,
the next the medium and the most severe the maximum period.
Chapter 5 – Execution and Service of Penalties
ARTICLE 78. When and hoe 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.
ARTICLE 79. Suspension of the execution and service of penalties in case of insanity
When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution
of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second
paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall
have prescribed in accordance with the provisions of this Code.
ARTICLE 80. Suspension of sentence of minor delinquents (Already amended by RA 9344,
otherwise known as the "Juvenile Justice and Welfare Act of 2006")
ARTICLES 81. When and how the Death penaty is to be executed (Repealed by RA 9346)
ARTICLE 82. Notification and execution of the sentence and assistance to the culprit
(Repealed by RA 9346)
ARTICLE 83. Suspension of the execution of the Death sentence (Repealed by RA 9346)
ARTICLE 84. Place of execution and persons who may witness the same (Repealed by RA
9346)
ARTICLE 85. Provisions relative to the corpse of the person executed and its burial
Repealed by RA 9346)
ARTICLE 86. Reclusion Perpetua, Reclusion Temporal, Prision Mayor,
Prision Correccional and Arresto Mayor
Where served?
1. Those whose sentences do not exceed 6 months – municipal prisoners; confined in the
municipal jail
2. Those over 6 months but not more than 3 years – city or provincial prisoners; confined at
city or provincial jails; and
3. Those with more than 3 years – national prisoners; national penitentiary
ARTICLE 87. Destierro
Destierro is only a partial deprivation of liberty. Its effects are:
1. The convict shall not be permitted to enter a place designated in the

sentence nor within the radius specified which shall not be more than 250
and not less than 25 kilometers from the place designated;
2. If the convict enters the prohibited area, he commits evasion of sentence
ARTICLE 88. Arresto menor
1. It shall be served in the municipal jail;
2. In the house of the offender, but under the surveillance of an officer of the law, whenever the
court so provides in the decision due to the health of the offender. (As amended by RA 11362 or
the Community Service Act (Approved on Aug. 8, 2019)
ARTICLE 88a. COMMUNITY SERVICE. — The court, in its discretion may, in lieu of service in jail,
require that the penalties of arresto menor and arresto mayor be served by the defendant by
rendering community service in the place where the crime was committed, under such terms the
courts shall determine, taking into consideration the gravity of the offense and the
circumstances of the case, which shall be under the supervision of a probation officer.
Title IV – Extinction of Criminal Liability
Chapter 1 – Total Extinction of Criminal Liability
ARTICLE 89. How criminal liability is totally extinguished
1. Death of the convict
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of crime
6. Prescription of penalty
7. Marriage of the offended woman to the offender in case of crimes against chastity
8. Pardon by the wife granted to her husband in case of marital rape
9. Express repeal of penal law
ARTICLE 90. Prescription of Crimes
Prescription of crimes under the RPC:
Crimes punishable by Death, Reclusion perpetua and Reclusion Temporal –
20 years
Crimes punishable by Prision mayor – 15 years
Crimes punishable by Prision correccional -10 years
Crimes punishable by Arresto mayor – 5 years
Crimes of Libel and other similar offenses – 1 year
Oral defamation and Slander by Deed – 6 months
Light offenses/Arresto menor – 2 months
ARTICLE 90. Prescription of Crimes (continuation)
Prescription of crimes under the Special laws (Act 3326, as amended by Act
3763):
Offenses punished by 6 years or more imprisonment – 12 years
Offenses punished by 2 years but less than 6 years imprisonment – 8 years
Offenses punished by more than 1 month but less than 2 years imprisonment – 4 years
Offenses punished by a Fine or imprisonment of not more than 1 month -1 year
Municipal ordinances – 2 months
Internal Revenue offenses – 5 years
ARTICLE 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.
ARTICLE 92. When and how penalties prescribe
The penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, - 20 years;
2. Other afflictive penalties - 15 years;
3. Correctional penalties – 10 years;
with the exception of the penalty of arresto mayor- 5 years;
4. Light penalties – 1 year.

ARTICLE 93. Computation of 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.
Chapter 2 – Partial Extinction of Criminal Liability
ARTICLE 94. PARTIAL EXTINCTION OF CRIMINAL LIABILITY. — Criminal
liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and,
3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence. (As amended
by RA 10592, May 29, 2013)
ARTICLE 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.
Conditional pardon - is in the nature of a contract between the President and the
convict who have accepted it, the conditions of which the latter must not violate,
otherwise, the pardon shall be revoked and he shall be liable for crime of “violation
of conditional pardon” under Art. 159. Moreover, he may be recommitted to prison
to serve the unexpired portion of his original sentence especially if the penalty
remitted by the granting of such pardon is higher than six (6) years.
ARTICLE 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.
Commutation of sentence - is the change in the sentence of the court, made

by the President which consists in reducing the penalty imposed upon the
offender. Such substitutes the original penalty
ARTICLE 97. Allowance for good conduct
Good Conduct Time Allowances (GCTA) (as amended by RA 10592):
1. First 2 years of good behavior – 20 days per month
2. Third to Fifth year – 23 days for each month
3. Following years to the 10th year – 25 days per month
4. Eleventh and successive years – 30 days per month
5. In addition to Nos. 1 to 4 above – 15 days per month of study, teaching
or mentoring
ARTICLE 98. Special time allowance for loyalty
A deduction of one fifth (1/5) of the period of his sentence shall be granted to
any prisoner who, having evaded his preventive imprisonment or the service of
his sentence under the circumstances mentioned in Article 158 of this Code,
gives himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths (2/5) of the period of his
sentence shall be granted in case said prisoner chose to stay in the place of
his confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.
This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence. (As amended by R.A. No. 10592, May 29,
2013)
ARTICLE 99. Who grants time allowances
Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the
Bureau of Jail Management and Penology and/or the Warden of a provincial, district,
municipal or city jail shall grant allowances for good conduct. Such allowances once
granted shall not be revoked.” (As amended by R.A. No. 10592, May 29, 2013)
PD 968, PROBATION LAW, as amended:
Probation - a disposition under which a defendant, after conviction and sentence, is

released subject to condition imposed by the court and to the supervision of a probation
officer.
Disqualified offenders to avail Probation:
1. Sentenced to a maximum term of imprisonment of more than 6 years;
2. Convicted of any crime against national security or public order;
3. Previously convicted by final judgment of an offense punished by imprisonment of not less

than 1 month and 1 day and/or fine of not more than P200; and
4. Those who have once been on probation.
5. Those convicted of R.A. 9165 ("The Comprehensive Dangerous Drugs Act of 2002").
6. Those convicted of violation of election laws.

Period of probation:
1. If the probationer has been sentenced to an imprisonment of not more

than one year, the probation shall not exceed two years.
2. In all other cases, not to exceed six years.
3. In case the penalty is fine, the probation shall not be less than the period
of subsidiary imprisonment nor more than twice of the subsidiary
imprisonment.
Title V – Civil Liability
Chapter 1 – Persons Civilly Liable for Felonies
ARTICLE 100. Civil liability of a person guilty of felony

Every person criminally liable for a felony is also civilly liable.
Exception:
1. In cases of victimless crimes such as espionage, violation of neutrality,
flight to an enemy country, crimes against popular representation;
2. If there is an express waiver of the liability; and
3. If there is a reservation to file separate civil action
ARTICLE 101. Rules regarding civil liability in certain cases
1. For acts committed by insane or imbecile
a. Upon the person who has him under his control or authority except if it be shown that he has no
fault or negligence; and
b. If there be no such person, or if he is insolvent, the property of the insane minor shall answer except
that exempt from execution
2. In case of state of necessity, those persons benefited by the act shall be civilly liable and the court
shall determine the proportionate amount for which each shall be liable3.
3. In cases of irresistible force or uncontrollable fear, those using violence or causing fear are primarily
liable; while those doing the act are secondarily liable saving their property exempt from taxation
ARTICLE 102. Subsidiary civil liability of innkeepers, tavernkeepers, and proprietors of
establishments
1. For crimes committed in their establishments relating to cases of violations of
ordinances or police regulation and such violation has a direct causal direction with the
crime committed in their establishment;
2. In case of robbery and theft within their houses from guests lodging therein, or for the
payment of the value thereof provided
a. the guests shall have notified in advance the innkeeper himself, or the person
representing him, of the deposit of such goods within the inn; and
b. have followed the directions which the innkeeper or his representative may have given
them with respect to the care of and vigilance over such goods.
ARTICLE 103. Subsidiary civil liability of other persons
This article regulates the subsidiary liability of employers, teachers, persons,
or corporations engaged in industry.
Industry – any department or branch of art, occupation or business,

especially one which employs labor and capital and is engaged in industry;
an enterprise for gain and profit
Chapter 2 – What Civil Liability Includes
ARTICLE 104. What is included in civil liability
What is included in the civil liability
1. Restitution
2. Reparation of damage caused
3. Indemnification for consequential damages

ARTICLE 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.
ARTICLE 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.
ARTICLE 107. Indemnification; what is included
1. Those caused the injured party;
2. Those suffered by his family; or
3. Those suffered by a third person by reason of a crime
ARTICLE 108. Obligation to make restoration, reparation for damages, or

indemnification for consequential damages and actions to demand the
same; upon whom it devolves
1. Upon the heirs of the person liable;
2. Likewise, the action to demand restoration, reparation and indemnification descends to
the heirs of the person injured
ARTICLE 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.
ARTICLE 110. Several and subsidiary liability of principals, accomplices,

and ; accessories of a felony; preference in payment
How is subsidiary liability enforced?
1. Against the property of the principals;
2. Against that of the accomplices; and
3. Against that of the accessories
Chapter 2 – Extinction and Survival of Civil Liability
ARTICLE 112. Extinction of Civil liability
Modes of extinguishing civil liability under the Civil Code:
1. Payment or performance
2. Loss of the thing due
3. Condonation of remission of debt
4. Confusion of merger of the rights of the creditor and debtor
5. Compensation
6. Novation
7. Prescription
Chapter 2 – Extinction and Survival of Civil Liability
ARTICLE 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.
- End of Book 1 -

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Criminal Law 1

Atty. JULITA M. CALDERON, CPA

• Course Syllabus (30 mins. only)

• REFERENCES: PLMUN Student Handbook

• Sources of criminal law

• Limitations upon the power of the legislature to enact penal laws

• Different philosophies underlying a criminal law system

• Time when the Code took effect

97-100 1.00 A+ Passed

94-96 1.25 A Passed

82-84 2.25 C+ Passed

79-81 2.50 C Passed

76-78 2.75 C- Passed

4.00 INC Incomplete

74 and below 5.00 F Failed

6.00 UW Unauthorized Withdrawal

Quizzes ------ 20%

1. The Revised Penal Code-Criminal Law, Book I, Luis B. Reyes

Characteristics of Penal Laws:

penal laws are not retroactive,

When is a new law considered favorable to the accused, or create

Rules of Construction of the Code:

a. When the offender is a habitual delinquent; or,

Article 1: Time when Act takes effect:

1. The Pro Reo Doctrine - Whenever a penal law is to be construed,

Fundamental Principles Peculiar to Criminal Law (continuation):

3.Nullum crimen, nulla poena sine lege (“There is no crime when

4. Offenses committed by public oﬃcers or employees in the exercise of their functions;

ARTICLE 2: Application of its provisions

Crimes Enumerated in Article 2, RPC

a. A Philippine vessel or aircraft is one registered in the Philippine Bureau of Customs. It is

Crimes Enumerated in Article 2, RPC (continuation):

ARTICLE 2: Application of its provisions (continuation):

c. Piracy, being a crime against the whole of mankind, is triable anywhere.

ARTICLE 2: Application of its provisions (continuation):

What are transnational or extraterritorial crimes?

Elements of Felony (delito)

2. It must be punishable by the RPC

3. The act is performed or the omission is incurred by means of dolo or culpa.

KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL

3. offenses punishable by special laws

KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL LIABILITY

KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL LIABILITY (continuation)

• In homicide intent to kill is an essential element. So, in a charge of attempted or

KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL LIABILITY

How do you determine if intent to kill is present?

KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL LIABILITY

• Intent is a person's state of mind regarding aim or purpose, which is

KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL LIABILITY (continuation)

1. Identity of the offender is in doubt;

2. There are two opposing theories or versions in the commission of a crime;

3. Identiﬁcation of the accused was made by an unreliable source and the

4. Evidence is circumstantial in determining what crime was committed; or

5. Suspicion is to fall upon a number of persons.

KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL LIABILITY

KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL LIABILITY

KINDS OF CRIME AS TO MODE OF INCURRING CRIMINAL

ARTICLE 4. How criminal liability is incurred

ARTICLE 4. How criminal liability is incurred (continuation)

ARTICLE 4. How criminal liability is incurred (continuation)

ARTICLE 4. How criminal liability is incurred (continuation)

ARTICLE 4. How criminal liability is incurred (continuation)