CRIMINAL LAW REVIEW

BOOK 1

FUNDAMENTALS AND GENERAL PRINCIPLES IN

CRIMINAL LAW

A. Definition of Criminal Law

Criminal Law
- It is a branch of municipal law which defines
crimes, treat of their nature and provides for their
punishment.

“Nullum Crimen, Nulla Poena Sine Lege”

- There is no crime where there is no law punishing
it. It is of the essence that while anti-social acts
should be penalized, there must be a clear definition
of the punishable offense as well as the penalty that
may be imposed.

 Two (2) Theories in Criminal Law:

1. Classical Theory
- The basis of criminality is human free will.
- When a man commits a felonious or criminal act,
the act is presumed to have been done voluntarily
(with freedom, intelligence, and intent).
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- Man, therefore, should be adjudged or held

accountable for wrongful acts so long as free will
appears unimpaired.

2. Positivist Theory
- The basis for the criminal liability is the sum total of
the social and economic phenomena to which the
offense is expressed.
- The purpose of penalties is to secure justice. It is
imposed not only to be retributive but must also be
reformative, to give the convict an opportunity to
live a new life and rejoin society as a productive and
civic-spirited member of the community.

Mala In Se vs. Mala Prohibita

Mala In Se Mala Prohibita

 Inherently wrong or  Not inherently
immoral; wrong, they are only
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wrong because they

are prohibited by
law;
 Good faith is not a
defense;
 Good faith or lack of
criminal intent is a
 Modifying
defense;
circumstances is not
 Modifying applicable;
circumstances can be
appreciated;
 Punishable under the  Punishable under
RPC or special laws Special Laws.
where the acts
punishable therein
are wrong in nature.

 XPN TO WHAT IS GOVERNING LAW:

- There may be mala in se crimes under special laws,
such as plunder under RA 7080; while there may
also be mala prohibita crimes defined in the RPC,
such as technical malversation.
- The better approach to distinguish between mala in
se and mala prohibita crimes is the determination of
the inherent immorality or vileness of the penalized
act.
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o If the punishable act or omission is

immoral itself, then it is a crime mala in se;
on the contrary, if it is not immoral in
itself, but there is a statute prohibiting its
commission by reasons of public policy,
then it is mala prohibita.

B. Construction of Penal Laws

- In case of doubt, it should be resolved in favor of
the accused.
“In Dubio Pro Reo”
- When in doubt, for the accused.
- Rule of Lenity
o The rule applies when the court is faced
with two possible interpretations of a penal
statute – one that is prejudicial to the
accused and another that is favorable to
him. The rule calls for the adoption of an
interpretation which is MORE LENIENT.

C. Applicability and Effectivity of the Penal Code

Cardinal Features of Principles of Criminal Law:

a. Generality
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Article 14 of the New Civil Code – Penal laws and those of

public security and safety shall be obligatory upon who live or
sojourn in the Philippine territory, subject to the Priniciples of
Public International Law and to treaty stipulations.

- Foreign characteristics of an offender does not

exclude him from operation of penal laws.
- The courts have jurisdiction to try military offenders
charged with violation of the penal laws. However,
service-connected crimes shall be tried by the court-
martial as mandated by RA 7055.

 Territoriality vs. Generality: applicability is dependent

on the issue raised by the accused in invoking criminal
immunity.
- Territoriality, accused invokes immunity due to the
unique characteristic of the place where the crime
was committed; while the Generality, accused
invokes immunity because of the unique
characteristic of his person (ex. Foreigner, military,
ambassador and president).

XPN:

1. Principle of International Law

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- Ex. Consular officers are immune from criminal

prosecution of acts performed in the exercise of
function.

2. Laws of Preferential Application

- Ex. Article 349 RPC; Bigamy - not obligatory to
Muslims married in accordance with Muslim Laws
because of PD 1083.

3. Presidential Immunity
- Conditions:
 Immunity has been asserted;
 Act constituting the crime is committed in
the performance of his duties;
 During the period of his incumbency and
tenure.

b. Territoriality

 The Crime was committed in the following:

o Embassy – A person who committed a crime

within the premises of an embassy will be
prosecuted under the Law of the Philippines
because of the principle of Territoriality.
However, jurisdiction of the Philippines over
the embassy is limited or restricted by the
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principles of inviolability of diplomatic

premises, which is generally accepted principle
of International Law.

o Territorial Waters – It refers to all waters

seaward to a line 12 nautical miles distant from
the archipelagic baseline over which the
Philippines exercises jurisdiction. It is located
between the national or archipelagic waters and
the territorial lands of the Philippines, and the
high seas.

 Three fundamental rules in International Law

regarding crimes committed aboard a foreign
merchant vessel (not military vessel), if the same is
within the 12-mile territorial water of the Philippines
(not internal or archipelagic water or high seas):

1. FRENCH RULE (Flag State Principle)

- The crime committed aboard a foreign merchant
vessel within the territorial water of the Philippines
are subject to the jurisdiction of the flag state unless
their commission affects the peace and security of
our country.
- Followed in the Philippines.

2. ENGLISH RULE (Coastal State Principle)

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- The crimes committed aboard a foreign merchant

vessel within the territorial water of the Philippines
are subject to the jurisdiction of the Philippines
unless their commission does not affect the peace
and security of our country, or has no pernicious
effect therein.

3. Convention of the Law of the Sea

- The flag state of foreign merchant vessel passing
through the territorial sea has jurisdiction over
crimes committed therein.
- XPN: Sec. 2, Article 27

 Spratly Islands
- The chain of Islands in the South China Sea, the
ownership of which is being disputed by the
Philippines, Taiwan, Malaysia, Vietnam, Brunei and
China.
- China considers the entire spratly islands as part of
China, and claims that it has historical naval
presence therein. Thus, the Philippines had no
jurisdiction over the crime committed by a Filipino
in the disputed island.

 Kalayaan Islands/ Scarborough Shoal (Regime of

Islands) –
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- Western part of Spratly Island. The Philippines has

jurisdiction over crimes committed therein.

 EXTRA-TERRITORIALITY PRINCIPLE

- Philippines has jurisdiction over crimes committed

outside its territory as provided in Article 2 of the
RPC.

Article 2 of the Revised Penal Code - Article 2. Application of its

provisions. - Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but also
outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship

or airship (Flag State Rule)

2. Should forge or counterfeit any coin or currency note

of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
(Forgery)
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3. Should be liable for acts connected with the

introduction into these islands of the obligations and
securities mentioned in the presiding number;
(Function- Related Crime)

4. While being public officers or employees, should

commit an offense in the exercise of their functions; or
(National Security)

5. Should commit any of the crimes against national

security and the law of nations, defined in Title One of
Book Two of this Code. (Universal Crime)

c. Prospectivity

- Criminal law merely punishes the crimes committed

on or after its effectivity.

Article 21 of the Revised Penal Code – No felony shall be

punishable by any penalty not prescribed by law prior to its
commission.

GR: Penal laws shall have prospective application, lest they

acquire the character of an ex post facto law.

XPNS: Laws shall be given retroactive effect:

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1. Favorable Law and Non-Habitual Delinquency

- If the law is favorable to the accused, who is not a
habitual delinquent.
- Benefits a convict although he is already serving his
sentence.

2. Decriminalization
- If the law decriminalizes an act.
- Ex. RA 10158 – decriminalizes vagrancy under
Article 202 of the RPC.

3. Express Provision
- Congress in passing a law can insert a provision on
retroactivity subject to the Constitutional
prohibition on ex post facto law. If the law
expressly provides retroactivity, the court must give
retroactive effect to this law even if the accused is a
habitual delinquent.

 EFFECTS OF REPEAL

 Two Kinds of Repeal:

1. Absolute Repeal
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- Repeal of penal law deprives the courts of

jurisdiction to punish persons charged with a
violation of the old penal law prior to its repeal.
- The intention of the new law in totally repealing the
old law is to decriminalize an act punishable under
the latter.

2. Partial Repeal
- Repeal with re-enactment of a penal law does not
deprive the courts of jurisdiction to punish persons
charged with a violation of the old penal law prior
to its repeal.
- Such repeal can even without a saving clause will
not destroy criminal liability.

 EFFECTS OF AMENDMENT
- Amendment of penal law shall be given a
prospective effect but if the amendatory law is
favorable to the accused, who is not a habitual
delinquent, the same shall be given retroactive
effect.

 CONSTITUTIONAL LIMITATIONS ON POWER

OF CONGRESS TO ENACT PENAL LAWS:

1. Equal Protection
2. Due Process
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3. Non-imposition of Cruel and Unusual Punishment or

Excessive Fine
4. Bill of Attainer – legislation that inflicts punishment on
an individual without a judicial trial.
5. Ex Post Facto Law – Law which retroactively affects the
right or condition of an accused who committed a crime
prior to its effectivity.

FELONIES

Criminal Liabilities and Felonies

Article 3 – Definitions –

Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit (dolo) but

also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent;

and there is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.

Felonies – crimes punishable under the RPC; crime

must be committed by means of dolo.
Offenses – punishable under Special Laws; dolo or
malice is not an element unless it expressly says so.
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o Crimes may be:

o Intentional – intentionally committed
o Culpable – committed through recklessness or
negligence.

 Elements of an Intentional Felony:

1) Criminal Act –
- “actus reus”
- required to be committed to consummate a felony.
To identify the criminal act, one must consider the
“verb” in the provision defining a felony.

2) Criminal Intent –
- To consummate the crime, the criminal act must be
accompanied with the required criminal intent since
it is a basic rule that an act is not criminal unless the
mind of the actor is criminal.

Mens Rea
- Required to commit a felony is a combination of the
evil intent and specific criminal intent.

 Mode of Commission –
- Criminal act, the commission of which is necessary
to consummate the crime, should not be confused
with the criminal mode of commission.
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- Ex. Article 29, RPC – Criminal act of robbery is

taking of personal property while the mode of
commission is violence or intimidation.
Employment of violence or intimidation to take the
personal property is not enough to consummate the
crime.

 Consummation of Crime –
- To consummate the crime, what is important is the
commission of the criminal act (by means of the
required mode) with the general and specific
criminal intent.
- The commission of the intended act or the
accomplishment of the criminal objective is not
necessary to consummate the crime.

 Voluntariness –
- Essential element of crime, whether it is committed
by means of dolo or culpa, or classified as malum in
se or malum prohibitum.

Culpa
- Under Article 3 of the RPC, it is not a crime but just
a mode of committing a crime.

Dolo
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- On malice, it is an element of malum in se and such

is not material in malum prohibitum and culpable
crime.
- In intentional felony, the concurrence of freedom,
intelligence, and intent make up the “criminal mind”
behind the “criminal act”.

“Actus Non Facit Reum, Nisi Mens Sit Rea”- No crime is

committed if the mind of the person performing the act
complained of is innocent.

 Presumption of Malice –
- The general criminal intent (malice) is presumed
from the criminal act, and the absence of any
general intent must be proven by the accused.

Technical Malversation –
- The law punishes the act of diverting public
property earmarked by law or ordinance for a
particular public purpose to another public purpose.
- The offense is malum prohibitum, meaning that the
prohibited act is not inherently immoral but
becomes a criminal offense because positive law
forbids its commission based on considerations of
public policy, order and convenience.

Mistake of Fact –
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- It may negate specific element of a crime, or dolo or

may be a source of mitigating circumstance.
- Negating dolo (requisites):

1) That the acts done would have been lawful had

the facts been as the accused believed them to
be;
2) That the mistake of fact is not due to diligence;
3) The mistake is not accompanied with criminal
intent of the offender.
- It is important requisite that the act done would
have been lawful had the fact been as the accused
believed them to be.

Motive –
- Proof of motive will not establish the elements, but
it will help the prosecution in showing that the
accused committed the crime.
- However, if there is doubt as to the identity of the
accused or culprit, showing motive of the accused
for committing the crime will help establish his
direct link to the commission thereof.

Motive Criminal Intent

 It is the moving  It is the purpose for
power which impels using a particular
a person to do an act means to bring about
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for a definite result. a desired result.

 It is essential only  It renders an act a
when there is doubt felony. It is the
as to the identity of general element of all
the culprit or when mentioned felony.
the evidence is
circumstantial or
inconclusive.

 Proof of Motive is not necessary in a criminal

prosecution:

1) Where the accused has been positively identified as the

assailant; or where his participation is shown;
2) Where the criminal act did not rise to variant crimes;
3) Where the crime involved is culpable felony or offense
or malum prohibitum.

CLASSIFICATION OF FELONIES

Article 9. Grave felonies, less grave felonies and light felonies. -

Grave felonies are those to which the law attaches the capital
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punishment or penalties which in any of their periods are

afflictive, in accordance with Art. 25 of this Code.

Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional, in
accordance with the above-mentioned Article.

Light felonies are those infractions of law for the commission of

which a penalty of arrest menor or a fine not exceeding 200
pesos or both; is provided. (as amended by RA 10951)

(1) GRAVE FELONIES –

- Those which the law attaches the capital

punishment or penalties which any of their periods
are afflictive.
- Ex.: Reclusion perpetua, reclusion temporal, prision
mayor or a fine not exceeding P1,200,000.00

(2) LESS GRAVE FELONIES –

- Those which the law punishes with penalties which

in their maximum period are correctional.
- Ex.: Prision correccional, arresto mayor or a fine not
less than P40,000 but not exceeding P1,200,000.00
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(3) LIGHT FELONIES –

- Those infractions of law or the commission of

which the penalty of arresto menor or a fine not
exceeding P40,000 or both is provided.
- Article 26 – A fine not less than P40,000 but not
exceeding P120,000.00 shall be considered a
correctional penalty.

ELEMENTS OF CRIMINAL LIABILITY

Article 4. Criminal liability. - Criminal liability shall be

incurred:

1. By any person committing a felony (delito) although

the wrongful act done be different from that which he
intended.

2. By any person performing an act which would be an

offense against persons or property, were it not for the
inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual
means.

“El Que Es Causa De La Causa Es Causa Del Mal Causelo” –

He who is the cause of the cause is the cause of the evil caused.
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- It provides that criminal liability shall be incurred

by a person committing a felony (delito) although
the wrongful act done be different from that which
he intended.

Error In Aberratio Ictus Praeter

Personae Intentionem
Mistake of Mistake of Unintentional
Identity Blow

A person is A person shall

criminally A person incur criminal
responsible for criminally liability for
committing an responsible for committing an
intentional committing an intentional
felony although intentional felony although
the actual victim felony although its wrongful
is different from the actual victim consequence is
the intended is different from graver than that
victim due to the intended intended.
mistake of victim due to
identity. mistake of blow.

The accused
acted with dolo;
hence, he shall
incur criminal
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liability for
killing or
injuring a victim
although this
victim is
different from
the intended.

Abberactio Ictus Error In Personae

The unintended victim The unintended victim
was his due to mistake of was hit due to mistake of
blow. identity.

At least 2 victims Only 1 victim.

Subject to Article 48 of Subject to Article 49 of

the RPC the RPC.

Evident Proximate Efficient

Premeditation Cause Intervening
Cause
Example: That cause, The direct
which, in relation between
If the accused natural and intentional
premeditated the continuous felony and death
assault of the sequence, may be broken
victim but not unbroken by by efficient
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the killing, and any efficient intervening

implemented his intervening cause or an
criminal cause, produces active force
resolution by the injury, and which is either a
boxing him without which distinct act or
causing his the result would fact absolutely
death, both not have foreign from the
evident occurred. felonious act of
premeditation the offender.
and praeter
intentionem shall
be appreciated.

Impossible Crime –

- An act which would have been an offense against

person or property, were it not for the inherent
impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual
means.
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- It is not a real crime since the accused did not

commit the crime against person or property for it is
impossible to do so.
o The law punishes the accused not because
of the commission of the crime but on the
basis of his tendency to do so.

 Requisites:

1. Offender performed an act which would have been an

offense against person or property;
2. Offender performed an act with evil intent;
3. Offender did not commit the offense because of the
impossibility of its accomplishment or employment of
inadequate or ineffectual means;
4. Offender in performing an act is not violating another
provision of the law.

STAGES OF EXECUTION

A. ATTEMPTED STAGE –
- When the offender commences the commission of a
felony directly by overt acts, and does not perform
all the acts of execution which should produce the
felony by reason of some cause or accident other
than his own spontaneous desistance.
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B. FRUSTRATED STAGE –
- When the offender performs all the acts of
execution which would produce the felony as a
consequence but which, nevertheless, do not
produce it by reason of causes independent of the
will of the perpetrator.

C. CONSUMMATED STAGE –
- When all the elements necessary for its execution
and accomplishments are present.

Attempted Stage Frustrated Stage

To determine whether the felony is at the attempted or
frustrated stage, the acts of execution of the felony,
which the accused intended to commit must be
identified.
ACTS OF EXECUTION
The offender performed The offender performed
directly an overt act, all the acts of execution
which is an act of that would produce the
execution, but it is not felony as a matter of
enough to produce the consequence.
felony as a consequence.

Ex.: Attempted Suicide – Ex.: Frustrated Homicide

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accused performed an act – accused performed all

to execute his criminal act acts necessary to execute
design to kill the victim his criminal design to kill
by inflicting non-mortal the victim by inflicting
wounds from upon him mortal wounds upon him
which is not sufficient to which is sufficient to kill
kill him as a consequence. him as a consequence.
NON COMMISSION OF THE CRIME
The offender fails to The offender performs all
perform all acts of the acts of execution;
execution; thus his thus, his external acts
external acts would “not “would produce” the
produce the felony as a felony as a consequence;
consequence.” but just the same, the
crime is not produced.
The external causes of the non-commission of the
crime: Both in attempted and frustrated, all the
offender failed to accomplish his criminal objective by
reason of external causes; if the causes are not external,
the accused will be absolved from criminal liability.
SPONTANEOUS DESISTANCE
If the cause of the failure If the failure to produce
to perform all acts of the crime despite the
execution is the performance of all acts of
spontaneous desistance of execution is dependent on
the accused, that is a the exlusive will of the
defense. accused, that is a defense.
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 Preparatory Act
- In an attempted stage, the offender’s preparatory act
requires another act to result in a felony. One
perpetrating preparatory act is not guilty of an
attempt to commit a felony.
- Punishable if the law prescribes a penalty for its
commission such as proposal or conspiracy to
commit rebellion, or possession of picklock.
- If the preparatory acts constitute a felony,
committing it is a consummated crime.

Formal Crimes –
- Those which are consummated in one instant or by
performance of a single act of execution. They have
no attempted or frustrated.
- Ex.: Slander, perjury, false testimony, acts of
lasciviousness, coup d’etat

CONSPIRACY AND PROPOSAL

 Proposal –
- When the person who has decided to commit a
felony proposes it execution to some other person/s.

 Conspiracy –
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- Exists when two or more persons come to an

agreement concerning the commission of a felony
and decide to commit it.

GR: The principle of conspiracy is a mode of committing a crime

or for purposes of applying the collective responsibility rule
applicable only to intentional felony. Persons cannot definitely
agree and decide to commit a culpable crime.

XPN: Doctrine of Conspiracy of Silence or Inaction

- Both conspiracy and proposal to commit felony are

punishable only in the cases in which the law
specifically provides a penalty therefor.
- However, even though conspiracy is not a crime,
but if the conspirators committed the crime agreed
upon, conspiracy shall be considered as a means or
manner of incurring criminal liability.

 Imputability Doctrine –
- The act of an offender is imputable to his co-
conspirators although they are not similarly situated
in relation to the object of the crime.
- XPN:
o Parricide – even though there is
conspiracy, the act of the wife in
committing parricide is not imputable to a
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stranger. Relationship of the wife is

personal.
o Qualified Theft – even though there is
conspiracy, the act of the employee in
committing theft qualified by the
circumstance of abuse of confidence is not
imputable to a non-employee.

 Multiple Conspiracies:

1. Wheel of Circle Conspiracy –

- There is a single person/ group (the hub) dealing
individually with two or more other persons/ groups
(the spokes).
- Ex.:
o Conspiracy alleged in the information for
plunder filed against former Pres. Estrada
and his co-conspirators. Erap (hub) and all
other accused individuals (spokes). The
rim that enclosed the spokes were the
common goal in the overall conspiracy.

2. Chain Conspiracy –
- Usually involving the distribution of narcotics or
other contraband, in which there is successive
communication and cooperation in much the same
way as with legitimate business operations between
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manufacturer and wholesaler, then wholesaler and

retailer, and then retailer and consumer.

MULTIPLE OFFENSES

Recidivism Quasi- Reiteraci Habitual

Recivism o Delinquenc
y
1. Crimes Previous Nature of The The
Commit crime and the the previous penalty previous,
ted present crime crime and for the subsequent,
are embraced present previous and present
in the same crime is not crime is crimes must
title of the material. equal or be serious or
RPC. greater less serious,
than that physical
for the injuries,
present theft,
crime or robbery,
the estafa, or
penalty falsification
for the of document.
two
previous
crimes is
lighter
than that
for the
present
crime.
2. Period Date of trial The accused The Date of
of Time or the present committed accused conviction
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crime in the present committe of the

relation to the crime before d the subsequent
date of beginning to present or present
conviction of serve or crime crime in
his previous while after relation to
crime. serving his serving the date of
sentence for his his last
the previous sentence release or
The accused
crime. for conviction.
was being
previous
tried of the
crime/s.
present crime The accused
when he was was
convicted by convicted
final (found
judgment. guilty) of the
second
crime within
10 years
after
conviction
or release of
the first
crime; then,
he is
convicted of
the third
crime within
10 years
after the
conviction
or release of
the second
crime and so
on and forth.
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3. Number At least 2 At least 2 At least 2 At least 3

of crimes crimes crimes crimes.
Crimes but if the
Commit penalty
ted for the
crime is
lighter
than that
for the
present
crime,
there
must be at
least 3
crimes.
4. Effects Ordinary Special Same Extraordinar
in aggravating aggravating with y or special
Relation circumstance circumstanc Recidivis aggravating
to the s, the e, the m circumstance
Penalty presence of presence of , the
any of which which will presence of
will require require the which will
the application require the
application of of the imposition
the penalty penalty for of penalty in
for the the present addition to
present crime crime in its the principal
in its maximum penalty for
maximum period the present
period unless regardless of crime.
it is offset by the presence
mitigating of a
circumstance. mitigating
circumstanc
e.
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Recidivist –
- One who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of
another crime embraced in the same title of the
Code.
- “At the time of his trial for an offense” –
o Everything that is done in the course of the
trial from arraignment until after sentence
is announced by the judge in open court.
o XPN: It can still be appreciated even if
before his trial for the present crime, he
was convicted by final judgment of his
previous crime.

Reiteracion –
- When the offender has been previously punished for
an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it
attaches a lighter penalty.
- “previously punished” –
o Accused has served out the sentence for his
previous crime.
- In appreciating reiteracion, what is controlling is the
penalty prescribed by law for the previous and
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present crimes and not the penalty actually imposed

by the court after trial.

 Only one prior offense –

- It must be punishable by a penalty equal or greater
than that for the present crime.

 More than one prior crime –

- Reiteracion is present even if previous crimes are
punishable by a penalty lesser than that for present
crime.

Quasi-Recidivism –
- Any person, who shall commit a felony after having
been convicted by final judgment, before beginning
to serve such sentence, or while serving the same,
shall be considered as a Quasi-Recidivist.
- An extra-ordinary aggravating circumstance and
cannot be offset by an ordinary mitigating
circumstance.
- It will be appreciated regardless of whether the
previous crime, for which an accused is serving
sentence at the time of the commission of the crime
charged, falls under the RPC or special law.
o But the present crime must be a felony
punishable under the RPC or an offense
punishable under special law.
 CRIMINAL LAW REVIEW

 There is quasi-recidivism –
o Where the convicted prisoner killed the victim
inside the New Bilibid Prison; or
o Where the convicted prisoner escaped from a
penal colony, and then committed robbery with
homicide.

Habitual Delinquency –
- A person who, within a period of 10 years from the
date of his release or last conviction of the crimes of
serious or less serious physical injuries, robbery,
theft, estafa or falsification, is found guilty of any of
the said crimes a third time or oftener.
- The law imposes an additional penalty based on the
criminal propensity of the accused apart from that
provided by law for the last crime for which he is
found guilty.
- It is not a crime in itself but only after a factor
determining the total penalty.
- Robbery for purposes of habitual delinquency may
include robbery with homicide (1983 and 2001 Bar
Exams), or robbery with serious physical injuries.
- Applicable regardless of stages of execution
- Appliable to principal, accomplice and accessories
 CRIMINAL LAW REVIEW

- One who is convicted of robbery with homicide and

was previously convicted for theft three times is a
recidivist and habitual delinquent at the same time.
The effect of recidivism is the application of the
penalty for theft in its maximum period; while the
effect of habitual delinquency is the imposition of a
penalty in addition to the principal penalty for theft.
(1983 and 2001 Bar Exams) However, while
recidivism will aggravate the principal penalty for
theft, it cannot aggravate the additional penalty for
habitual delinquency because recidivism is inherent
in habitual delinquency.
- Not all habitual delinquency crimes are embraced in
the same Title of the Revised Penal Code such as
theft, falsification and serious physical injuries. If
the habitual delinquency crimes are not embraced
within the same Title, the convict is a habitual
delinquent but not a recidivist.
- a convict can be a recidivist without being a
habitual delinquent. One who is convicted of theft,
estafa, and robbery is a recidivist because these
crimes are embraced in the Title of the Revised
Penal Code on crimes against property. However,
he is not a habitual delinquent if the interval of time
between his last release or conviction and present
conviction is more than 10 years. One who is
convicted of acts of lasciviousness, seduction and
 CRIMINAL LAW REVIEW

abduction is a recidivist because these crimes are

embraced in the Title of the Revised Penal Code on
crimes against chastity. But he is not a habitual
delinquent since they are not habitual delinquency
crimes.

CONTINUING CRIMES

 In order that continued crime or delito continuado may

exist, there should be:

1. Plurality of acts performed separately during a period of

time;
2. Unity of criminal intent and purpose; and
3. Unity of penal provision infringed upon or violated.

Single Larceny Doctrine –

- Taking of several things, whether belonging to the
same or different owners, at the same time and place
constitutes but one larceny or theft.
- Specie of delito continuado which is specifically
applicable to theft.

 Example of Continued Crime:

 CRIMINAL LAW REVIEW

o Several acts which are performed separately

during a period of time under a single criminal
intent in violation of penal provision.
o Where the penis of the accused was inserted
into and withdrawn from victim’s vagina 3
times for purpose of changing position or two
times for purpose of resting for 5 to 10 seconds,
the several penetrations motivated by a single
criminal intent to satisfy his lust (Rape).

Foreknowledge Principle –
- If the accused committed that first criminal act
without foreknowledge that he will commit the
second, the acts are not constitutive of a continued
crime since the criminal acts could not be said to
have been committed under a single criminal intent
or impulse.

Continuous Crime Continuing Crime

A single crime produced
by several acts performed
separately during a period
of time under a single
criminal intent in
violation of a single penal
provision.
One which is
consummated in one
place but by reasons of
the nature of the offense,
the violation of the law is
deemed continuing.
 CRIMINAL LAW REVIEW

Purpose: Purpose:

To treat several criminal To determine the proper

acts committed under a venue, validity of arrest
single criminal impulse in and the commencement of
violation of a single penal the running of
provisions as one crime. prescription.

SPECIAL COMPLEX CRIMES (Composite Crimes)

- This is composed of two or more crimes for which

the law fixes one specific penalty.
- Special Indivisible Crime –
o Components of the special indivisible
crime could not be divided and treated as
separate.
- Original design of the offender is to commit the
principal component thereof and there must be a
direct connection or intimate relationship between
the components thereof.
- Ex.:
o Special complex crime of rape with
homicide – the original design of the
offender is to commit rape with homicide,
the original design of the offender is to
commit rape and there must be a direct
 CRIMINAL LAW REVIEW

connection and intimate relationship

between rape and homicide.
o “by reason of the rape” – conveys the
notion that the killing is due to the rape
which is the crime which the offender
originally designed to commit.
o “on the occasion of the rape” – refers to a
killing that occurs immediately before or
after or during the commission itself of the
attempted or consummated rape, where the
victim of the homicide may be a person
other than the rape victim herself for as
long as the killing is linked to the rape
became evident.

COMPLEX CRIMES

 There are two (2) kinds:

1. Compound Crime –
- When a single act constitutes two or more grave or
less grave felonies – single act producing several
crimes.

Example:
 CRIMINAL LAW REVIEW

 Multiple Murders – single act of rolling the hand

grenade on the floor of the gymnasium which resulted in
the death of the victims.
 Direct Assault with Homicide or Physical Injuries

Variance Rule –
- If the crime alleged in the information varies with
the crime proven with evidence, the accused shall
be convicted of the crime alleged or proven,
whichever is lesser. Thus, the accused shall be
convicted of complex crime, which is lesser
compared to two crimes.

Example:

 Robbery by means of Violence and Intimidation

 Robbery by Using Force upon things

Napolis Principle –
- It is important that the robbers entered the dwelling,
store or warehouse by using force upon thing such
as unlawful entry or breaking the window.

GR: Single Act Rule - single act producing several crimes.

XPN: Lawas Principle and Abella Principle

 CRIMINAL LAW REVIEW

- There is compound crime where several killing

were produced by several acts committed by several
accused under a single criminal impulse or single
criminal purpose.

 Lawas Principle (People vs. Lawas, 1955)

- If several accused killed several victims pursuant to
a single criminal impulse to obey the order to fire
their guns at the victims, they shall be held liable for
a compound crime of multiple murders.
- Single Criminal Impulse (Requisites):
o There is no conspiracy;
o It is impossible to ascertain the number of
deaths caused by each accused.

 Abella Principle (People vs. Abella, 1979)

- If several prisoners killed fellow prisoners pursuant
to a single criminal purpose to take revenge, they
shall be held liable for compound crime of multiple
murders.
- Requisite:
o There must be conspiracy that constitutes
several persons to commit crimes under a
single criminal purpose.

2. Complex Crime Proper –

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- It is composed of two or more crimes one or some

of which are necessary means (in article 48, it does
not mean indispensable) to commit the other.

Example:

 Falsification, Malversation, Estafa and Theft – when the

offender commits falsification of public, official or
commercial document as a necessary means to commit
malversation, estafa or theft, the crime committed is
complex crime proper.

Doctrine of Common Element –

- An element used to complete one crime cannot be
legally re-used to complete the requisites of a
subsequent crime.

Example:

 The common element of estafa or malversation and

falsification of private document is damage to the
complainant. Thus, falsification of private document and
estafa or malversation cannot co-exist.
o The use of damage as an element of
falsification of private document precludes the
reuse thereof to complete the elements of estafa
or malversation, and vice versa.
 CRIMINAL LAW REVIEW

 Where falsification of private document is only

committed as a means to conceal estafa, the crime is
estafa only.

Special Complex Crime Complex Crime

(Composite Crime) (Compound Crime)
The composition of the The combination of the
offenses is fixed by law. offenses is not specified
but generalized, that is,
grave and/or less grave, or
one offense being the
necessary means to
commit the other.
The penalty for the The penalty is that
specified combination of corresponding to the most
crimes is specific. serious offense, to be
imposed in the maximum
period.
A light felony that A light felony that
accompanies a composite accompanies the
crime is absorbed. commission of a complex
or compound crime may
be subject of a separate
information.

Doctrine of Absorption –
 CRIMINAL LAW REVIEW

- One crime absorbs another if the latter is inherent in

an element of, or a necessary consequence of the
commission of the former.
- A crime is considered inherent where its
commission is an indispensable means to commit
another.
- “One penalty for one criminal mind”
- “Absorption system” – one of the three systems of
penalty under which lesser penalties are absorbed
by the greater penalties.

 Not applicable to the following:

1. Sui Generis Mutiny over the Articles of War
2. Carnapping (robbery with homicide or kidnapping
cannot absorb carnapping)
3. Torture

Circumstances affecting Criminal Liability

Justifying Circumstances

Article 11. Justifying circumstances. - The following do not

incur any criminal liability:

1. Anyone who acts in defense of his person or rights,

provided that the following circumstances concur;
 CRIMINAL LAW REVIEW

First. Unlawful aggression.

Second. Reasonable necessity of the means

employed to prevent or repel it.

Third. Lack of sufficient provocation on the

part of the person defending himself.

2. Any one who acts in defense of the person or rights of

his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives
by affinity in the same degrees and those consanguinity
within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in
case the revocation was given by the person attacked,
that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of

a stranger, provided that the first and second requisites
mentioned in the first circumstance of this Article are
present and that the person defending be not induced by
revenge, resentment, or other evil motive.
 CRIMINAL LAW REVIEW

4. Any person who, in order to avoid an evil or injury,

does not act which causes damage to another, provided
that the following requisites are present;

First. That the evil sought to be avoided

actually exists;

Second. That the injury feared be greater than

that done to avoid it;

Third. That there be no other practical and less

harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in

the lawful exercise of a right or office.

6. Any person who acts in obedience to an order issued

by a superior for some lawful purpose.

JUSTIFYING CIRCUMSTANCES
- Those circumstances, if present in or attended the
commission of a felony, would mean that the
offender is said to have acted within the bounds of
the law. He has not transgressed the law.
- Therefore, there is no crime committed, there is no
criminal, there is no criminal liability, there is no
 CRIMINAL LAW REVIEW

civil liability because the offender did not commit a

violation of a law. His act is justified.

(1) SELF – DEFENSE

a. Defense of Relative (No. 1)
b. Defense of Stranger (No. 2)

- Based on the man’s natural instinct to protect, repel,

and save his person or rights from impending
danger or peril; it is also based on that impulse of
SELF-PRESERVATION, born to man and part of
his nature as a human being.
- When the accused’s defense is self-defense, he
thereby admits being the author of the death of the
victim, that it becomes incumbent upon him to
prove the justifying circumstance to the satisfaction
of the court.
o Only onus probandi shifts to the accused,
for self-defense is an affirmative allegation
that must be established with certainty by
sufficient and satisfactory proof.

 Requisites:
1. Unlawful Aggression;
2. Reasonable Necessity of the Means Employed to
prevent or repel it;
 CRIMINAL LAW REVIEW

3. Lack of Sufficient Provocation on the part of the

person defending himself.

 Relatives of the accused for purpose of defense of

relative:
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers or sisters
5. Relatives by Affinity in the same degree
6. Consanguinity within the fourth civil degree

Defense of RELATIVE Defense of STRANGER

Where the relative The accused must not be
provoked the offended induced by revenge,
party in perpetrating resentment, or other evil
unlawful aggression, the motive in defending the
accused must not have a stranger from the
part therein. unlawful aggression by
the victim.
Relatives of the accused:
Spouse
Ascendants
Descendants
Brothers or Sisters
(legitimate, natural or
adopted)
 CRIMINAL LAW REVIEW

By affinity or
consanguinity

 Elements of Self- Defense:

a. Unlawful Aggression –
- In order to be attendant, there must be a real danger
to life or personal safety. It requires an actual,
sudden, and unexpected attack, or imminent danger
thereof, and not merely a threatening or intimidating
attitude.
o Elements:
 There must be a physical or
material attack or assault;
 The attack or assault must be
actual or at least imminent;
 The attack or assault must be
unlawful.

o 2 Kinds of Aggression:
 Actual or Material Unlawful
Aggression – an attack with
physical force or with a weapon,
an offensive act that positively
determines the intent of the
aggressor to cause the injury.
 CRIMINAL LAW REVIEW

 Imminent Unlawful Aggression –

attack that is impending or at that
point of happening; it must not
consist in a mere threatening
attitude, nor must it be merely
imaginary, but must be offensive
and positively strong.

- It ceased as soon as the danger on the life and limb

of the accused vanished when he rested the weapon
from the accused. But ceased aggression can be a
source of mitigating circumstance of vindication of
grave offense.
o Example: Accused found the victim raping
his daughter. The victim ran away but the
accused shot and killed him. Accused is
not entitled to self-defense since the
aggression already ceased when he killed
the victim but vindication shall be
appreciated in his favor.

Retaliation Self-Defense
Unlawful aggression that Unlawful aggression still
was begun by the injured existed when the
party already ceased when aggressor was injured by
the accused attacked him. the accused.
Not a defense but merely Justifying circumstance
 CRIMINAL LAW REVIEW

constitutes a mitigating
circumstance of
vindication of grave
offense.

Narvaez Principle (1983) –

- Invasion of property is treated as an unlawful
aggression although it was not coupled by an attack
against the owner thereof. The owner or lawful
possessor of property has the right to resist invasion
of property in accordance with Article 429 of the
New Civil Code.

 Mistaken Aggression –
- Even if there was no unlawful aggression, the
accused is entitled to the benefit of justifying
circumstance of defense of relative or stranger as
long as the honestly believed that his relative or the
stranger was a victim of unlawful aggression and
the threat to his life and limb was present.

b. Reasonable and Necessary Means employed to

prevent or repel it –
- The means employed by a person claiming self-
defense must be commensurate to the nature and the
extent of the attack sought to be averted, and must
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be rationally necessary to prevent or repel an

unlawful aggression.

Doctrine of Rational Equivalence –

- A plea of self-defense would prosper if there is a
rational equivalence between the means of attack by
the unlawful aggressor and the means of defense by
the accused that would characterized the defense as
reasonable.
- It presupposes the consideration not only of the
nature and quality of the weapons used by the
defender and the assailant but also of the totality of
circumstances surrounding the defenses vis-à-vis,
the unlawful aggression.

 Elements:
1. The nature and the kind of weapon used by the
aggressor;
2. The physical condition, size, weight, and other
personal circumstances of the aggressor as opposed
to that of the person defending himself; and
3. The place and location of the assault or aggression.

c. Lack of Sufficient Provocation –

 CRIMINAL LAW REVIEW

- The accused must not have given cause for the

aggression by his unjust conduct or by inciting or
provoking the victim.
- Provocation should be proportionate to the act of
aggression and adequate to stir one to its
commission.

BATTERED WOMAN SYNDROME (AVAC 2004) –

RA 9262 –

- A defense notwithstanding the absence of any of the

elements for justifying circumstance of self-defense.
- It refers to scientifically defined pattern of
psychological and behavioral symptoms found in
women living in battering relationships as a result of
cumulative abuse (single act of battery/physical
harm resulting to the physical and psychological or
emotional distress is NOT sufficient to avail of the
benefit of justifying circumstance).

 Elements:
1. That the battering husband, with whom the battered wife
has a marital, sexual, dating relationship, inflicted
physical harm upon her;
2. That the infliction of physical harm must be cumulative;
3. The cumulative results to physical harm and
psychological or emotional distress to the woman.
 CRIMINAL LAW REVIEW

 Cycle of Violence –
1. Tension building phase
2. Acute Battering incident; and
3. Tranquil Loving (non-violent) phase

- The couple must go through the battering cycle at

least TWICE. That the woman feared imminent
harm from her batterer and honestly believed in the
need to kill him in order to save her life.

(2) AVOIDANCE OF GREATER EVIL OR INJURY

State of Necessity –

 Elements:
1. That the evil sought to be avoided actually exists;
2. That the injury feared be greater than that done to
avoid it; and
3. That there be no other practical and less harmful
means of preventing it.

Example:
 CRIMINAL LAW REVIEW

 Abortion – Avoidance of a greater evil may justify

abortion to save the life of the mother. The life of the
mother may be considered as more important than that
of the fetus. Abortion to save the life of the mother is
justified under the state of necessity rule.

- There is civil liability in case of defense of State of

Necessity. The civil liability is born not only by the
accused but by all those who are benefitted by said
defense.

(3) LAWFUL PERFORMANCE OF DUTY

 Elements:
1. The accused must have acted in the performance of a
duty or in the lawful exercise of a right or office;
2. The injury caused or the offense committed should have
been necessary consequence of due performance of duty
or lawful exercise of right or office.

(4) LAWFUL ORDER

 Elements:
1. That an order has been issued by a superior;
2. The said order must be for some lawful purpose;
 CRIMINAL LAW REVIEW

3. The means employed by the subordinate to carry out

the said lawful order.

Exempting Circumstances

Article 12. Circumstances which exempt from criminal liability. -

the following are exempt from criminal liability:

1. An imbecile or an insane person, unless the latter has

acted during a lucid interval.

When the imbecile or an insane person has committed

an act which the law defines as a felony (delito), the
court shall order his confinement in one of the hospitals
or asylums established for persons thus afflicted, which
he shall not be permitted to leave without first obtaining
the permission of the same court.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen,

unless he has acted with discernment, in which case,
such minor shall be proceeded against in accordance
with the provisions of Art. 80 of this Code.
 CRIMINAL LAW REVIEW

When such minor is adjudged to be criminally

irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family who
shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.

4. Any person who, while performing a lawful act with

due care, causes an injury by mere accident without
fault or intention of causing it.

5. Any person who act under the compulsion of

irresistible force.

6. Any person who acts under the impulse of an

uncontrollable fear of an equal or greater injury.

7. Any person who fails to perform an act required by

law, when prevented by some lawful insuperable cause.

Exempting Circumstances –
- These are minority, insanity, accident, irresistible
force, uncontrollable fear, and lawful and
insuperable cause.
 CRIMINAL LAW REVIEW

 Justifying vs. Exempting

Justifying Circumstance Exempting

Circumstance
The accused DO NOT incur criminal liability.
It pertains to the act It pertains to the actor (act
complained of (act is is not justified but the
justified). actor is exempt).
When present, the act is When present, the act is
justified; hence, it is non- unjustified and criminal
felonious. although the actor is
exempt from criminal
liability.

GR: The non-criminal act GR: The exemption of the

would make the actor actor does not extend to
exempt not only from civil liability arising from
criminal liability but also the crime.
from civil liability.

XPN: The actor or third XPN: Article 12(4) – It

persons, who may have
benefited from justified
act of avoiding a greater
evil, shall be civilly liable
could not be characterized
as criminal because culpa
and dolo are absent.
Hence, an accidental act
for being non-felonious
 CRIMINAL LAW REVIEW

because of the rule on could not be a source of

unjust enrichment. civil liability.

(1) IMBECILITY –

 Imbecile Person
- One who is already advanced in age but only the
mental capacity of a 2-7 years old child. Therefore,
he lacks intelligence – an element of voluntariness
in the commission of the crime.
- In exempting, what is important is the mental age of
the accused.

2-year-old – Idiot – Exempt

7-year-old – Imbecile – Exempt
12-year-old - Feebleminded/ minor –
not exempt from criminal
liability but a mitigating
circumstance of mental
illness may be appreciated
in his favor.

(2) INSANITY
 CRIMINAL LAW REVIEW

GR: Acts perceived by law are always presumed to be voluntary,

and it is improper to conclude that a person acted unconsciously
in order to relieve him of liability.

XPN: His insanity is conclusively proved.

- Anyone who pleads the exempting circumstance of

insanity bears the burden of proving it with clear
and convincing evidence.
- An accused invoking insanity admits to have
committed the crime but claims that he or she is not
guilty because of insanity.

 Two tests to determine whether the mental condition

of the accused is exempting or mitigating:

1. Test of Cognition –
- The mental condition of the accused in an
exempting circumstance of insanity if there was a
complete deprivation of intelligence in committing
the criminal act or mitigating circumstance of
mental illness if there was only a partial deprivation
of intelligence.

2. Test of Volition –
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- The mental condition of the accused is a mitigating

circumstance of mental illness if there is a
deprivation of freedom.
- Dimunition of freedom is enough to mitigate the
liability of the offender suffering from illness.

- The basis of the exempting circumstance of insanity

is lack of intelligence and not lack of freedom.
Thus, even if the mental condition of the accused
had passed the volition test, the plea of insanity will
not prosper unless it is also passed the cognition test

(3) ACCIDENT –

 Elements:
1. A person is performing a lawful act;
2. With due care;
3. He causes an injury to another by mere accident;
and
4. Without any fault or intention of causing it.

(4) IRRESISTABLE FORCE AND UNCONTROLLABLE

FEAR

 Elements of Irresistible Force:

1. Somebody used force compelling the accused to
commit crime; and
 CRIMINAL LAW REVIEW

2. The force used must be irresistible.

 Elements of Uncontrollable Fear:

1. Existence of an uncontrollable fear for an injury;
2. The fear of an injury must be real and imminent;
and
3. The fear of an injury is greater than or at least equal
to that committed.

“Actus Me Invito Factus Non Est Meus Actus” – An act done by

me against my will is not my act.

- A person who acts under the compulsion of an

irresistible force (must be so formidable as to reduce
the actor to a mere instrument who acts not only
without will but against his will) or under the
impulse of an uncontrollable fear of equal or greater
injury, is exempt from criminal liability because he
does not act with freedom.

IRRESSITABLE UNCONTROLLABLE
FORCE FEAR
The offender uses The offender employs
violence or physical force intimidation or threat in
to compel another to compelling another to
commit a crime. commit a crime.
 CRIMINAL LAW REVIEW

It must have been made to It may be generated by

operate directly upon the threatened act directed
person of the accused. against third person.
The injury feared of The evil feared of must be
maybe of lesser degree greater or at least equal to
than that damage caused the damage caused to
by the accused. avoid it.

- For defense of uncontrollable fear to prosper,

duress, force, fear or intimidation must be present,
imminent, and impending, and of such nature as to
induce a well-grounded apprehension of death or
serious bodily harm if the act will not be done.

(5) LAWFUL AND INSUPERABLE CAUSE

- One who fails to perform an act required by law

when prevented by some lawful or insuperable
cause, is exempt from criminal liability.

 Elements:

1. An act is required by law to be done;

2. A person fails to perform such act; and
3. The failure to perform such act was due to some lawful
and insuperable cause.
 CRIMINAL LAW REVIEW

 A priest is exempt from liability for the crime of

misprision of freedom for failure to disclose to the
government authorities information in conspiracy
against the government which he obtained by reason of
confession made to him by one of the conspirators.

Mitigating Circumstances

Article 13. Mitigating circumstances. - The following are

mitigating circumstances;

1. Those mentioned in the preceding chapter, when all

the requisites necessary to justify or to exempt from
criminal liability in the respective cases are not
attendant.

2. That the offender is under eighteen year of age or

over seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provisions of
Art. 80.

3. That the offender had no intention to commit so grave

a wrong as that committed.

4. That sufficient provocation or threat on the part of the

offended party immediately preceded the act.
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5. That the act was committed in the immediate

vindication of a grave offense to the one committing the
felony (delito), his spouse, ascendants, or relatives by
affinity within the same degrees.

6. That of having acted upon an impulse so powerful as

naturally to have produced passion or obfuscation.

7. That the offender had voluntarily surrendered himself

to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to
the presentation of the evidence for the prosecution;

8. That the offender is deaf and dumb, blind or

otherwise suffering some physical defect which thus
restricts his means of action, defense, or
communications with his fellow beings.

9. Such illness of the offender as would diminish the

exercise of the will-power of the offender without
however depriving him of the consciousness of his acts.

10. And, finally, any other circumstances of a similar

nature and analogous to those above mentioned.

MITIGATING CIRCUMSTANCES
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- Those which, if present in the commission of the

crime, do not entirely free the actor from criminal
liability, but serve only to reduce the penalty.

 Two Classes:

1. Ordinary Mitigating

- Those enumerated in Subsections 1 to 10 of Article

13.

2. Privileged Mitigating

- Those that are found in other parts of the RPC and

RA 9344.
- Example:

A. Article 68 – Penalty to be imposed upon a person under

18 years of age –
a. Upon a person under 15 but over 9, that he
acted with discernment, a discretionary penalty
but always 2 degrees lower.
b. Upon a person over 15 and under 18, penalty
next lower than that prescribed by law.
 CRIMINAL LAW REVIEW

B. Article 69 – Penalty to be imposed when the crime

committed is not wholly excusable. Penalty lower by 1
or 2 degree.
C. Article 64 – Rules for the application of penalties which
contain 3 periods.

- Applicable only to particular crimes.

A. Voluntary release of the person illegally detained within

3 days without the offender attaining his purpose and
before the institution of criminal action. Penalty is 1
degree lower. (Article 268, Par. 3)
B. Abandonment without justification of the spouse who
committed adultery. Penalty is 1 degree lower. (Article
333, Par. 3)

Ordinary Mitigating Privilege Mitigating

Circumstances Circumstances
Offset by any Cannot be offset by
aggravating aggravating
circumstance circumstance
Produces only the effect Produces the effect of
of applying the penalty imposing upon the
provided by law for the offender the penalty
crime in its minimum lower by 1 or 2 degrees
period, in case of than that provided by
divisible penalty. law for the crime.
 CRIMINAL LAW REVIEW

- The presence of ordinary mitigating circumstance

requires the adjustment of the divisible penalty by
period.
o Ex. The penalty of reclusion temporal
prescribed by law for homicide shall be
applied in its minimum period.
- The presence of privilege mitigating circumstance
requires the adjustment of the divisible or
indivisible penalty by degree.
o Ex. The penalty of reclusion temporal for
homicide shall be lowered to prision
mayor.
- Ordinary mitigating circumstances can be offset by
ordinary aggravating circumstance. Privileged
mitigating circumstance cannot be offset by
ordinary aggravating circumstance.

1. INCOMPLETE JUSTIFICATION OR
EXEMPTION AND MINORITY (Nos. 1 and 2,
Article 13)

- Not all the requisites to justify the act are present or

not all the requisites to exempt from criminal
liability are present.
 CRIMINAL LAW REVIEW

Age Bracket Effect on Criminal

Liability
15 and under Exempting
Circumstance
Over 15 but under 18 Exempting
circumstance, if he
acted without
discernment.

Mitigating
circumstance, if he
acted with discernment.
18 to 70 Full criminal
responsibility
Over 70 Mitigating
circumstance; no
imposition of death
penalty; execution of
death sentence if
already imposed is
suspended and
commuted.

 ALL THE REQUISITES (Article 11 or 12) ARE

PRESENT – Justifying or exempting circumstance shall
be appreciated.
 CRIMINAL LAW REVIEW

 MAJORITY OF THE REQUISITES ARE PRESENT –

privileged mitigating circumstance of incomplete
justification or exemption shall be appreciated.
 ONLY MINORITY OF THE REQUISITES ARE
PRESENT – ordinary mitigating circumstance of
incomplete justification or exemption shall be
appreciated.

- In case of privilege mitigating circumstance of

incomplete justification or exemption, the penalty
prescribed by law shall be lowered by one or two
degrees.

Incomplete Exemption Incomplete Exemption

of Minority of Accident
The circumstance is The lawful act must be
either exempting or committed with dolo or
privileged mitigating. culpa. If the act is
There is no ordinary committed with dolo,
mitigating circumstance the crime is committed
of minority. is intentional felony.
Penalty prescribed by
law shall not be
adjusted.
In privileged mitigating
circumstance of If the act is committed
minority, the penalty with culpa, the penalty
 CRIMINAL LAW REVIEW

shall be lowered by one prescribed under

degree. Article 67 or 365 shall
be imposed.

2. PRAETER INTENTIONEM – No Intention to

Commit So Grave A Wrong

- Determined when there is a notable disparity

between the means employed by the accused to
commit a wrong and the resulting crime committed.
- However, this cannot be appreciated where the acts
employed by accused were reasonably sufficient to
produce the death of the victim.

 Injured Victim Survived –

o If the victim intentionally injured by the
offender did not die – presence or absence of
intent to kill determines the crime committed.
o If the injuries are inflicted with intent to kill –
crime committed is attempted or frustrated
homicide or murder.
o If the injuries are inflicted without intent to kill
– crime committed is physical injuries.

 Injured Victim Died –

 CRIMINAL LAW REVIEW

o If the victim intentionally injured by the

offender died as a consequence, intent to kill is
conclusively presumed.
o But for purposes of appreciating the mitigating
circumstance of lack of intent to commit so
grave a wrong than that committed, intent to
kill is not conclusively presumed.

Wacoy vs. People: Accused kicked and punched the victim, who
died as a consequence. Circumstance shows lack of intent to kill.
However, accused is liable for homicide because intent to kill is
conclusively presumed. Even if there is no intent to kill, the penal
law holds the aggressor responsible for all the consequences of
his unlawful acts. However, they are entitled to the mitigating
circumstance of praeter intentionem.

3. THREAT – Sufficient provocation or threat on the

part of the offended party immediately preceded the
act.

 Requisites:
a. There must be a threat on the part of the
offended party;
b. The threat must be sufficient; and
c. The threat must immediately precede the
criminal act committed by the offender.
 CRIMINAL LAW REVIEW

 Examples:
- Threat made with a weapon, which offensively and
positively strong showing wrongful intent to inflict
injury is an unlawful aggression.
- Threat, which is not offensive and positively strong,
is not unlawful aggression. However, mitigating
circumstance of threat may be appreciated.

4. PROVOCATION

 Requisites:
a. There must be provocation on the part of the offended
party;
b. The provocation must be sufficient; and
c. Provocation must immediately precede the criminal act
committed by the offender.

 “Lack of Provocation”
- It requires that the same be sufficient or
proportionate to the act committed and that it be
adequate to arouse one to its commission.
- It is not enough that the provocative act be
unreasonable or annoying.

5. VINDICATION - That the act was committed in the

immediate vindication of a grave offense to the one
committing the felony, his spouse, ascendants,
 CRIMINAL LAW REVIEW

descendants, legitimate, natural, or adopted brothers

or sisters, or relatives by affinity within the same
degrees.

 Requisites:
a. The victim committed grave offense;
b. The grave offense was committed against the
offender or his spouse, ascendants, descendants,
legitimate, illegitimate or adopted brothers or
sisters, or his relatives by affinity within the same
degrees;
c. The offender committed the crime in proximate
vindication of such grave offense.

- To appreciate this circumstance, the victim himself

must commit the grave offense.

6. PASSION – That of having acted upon an impulse so

powerful as naturally to have produced passion or
obfuscation.

 Requisites:
a. There was an act that was both unlawful and
sufficient to produce such condition (passion or
obfuscation) of the mind;
b. Such act was not far removed from the commission
of the crime by a considerable length of time, during
 CRIMINAL LAW REVIEW

which the perpetrator might have recovered his

normal equanimity;
c. Passion must arise from lawful sentiment of the
offender and not from spirit of lawlessness or
revenge.

 Passion vs. Vindication vs. Provocation

Passion Vindication Provocation

Source of Victim’s Grave Provocative
Mitigation: unlawful or offense act of the
unjust act by committed by Offended
the offended the Offended Party
party that party
produced
obfuscation or
passion
arising from a
lawful
sentiment.
Interval of The The It must
Time: commission vindication immediately
of the crime of the grave precede the
need not be offense may act (that there
immediately be proximate, be no interval
precede by which of time
CRIMINAL LAW REVIEW

unlawful or requires that between the

unjust act that interval of provocation
produced the time between on the part of
passion; what the grave the victim and
is important is offense done the
that such act by the victim commission
was not far and the of the crime
removed from commission by the
the of the crime offender).
commission by the
of the crime offender
by a must not be
considerable sufficient for
length of the accused
time, during to regain his
which the composure or
perpetrator his moral
might recover equanimity.
his normal
equanimity.
Passion The essence
cannot be of
appreciated if vindication is
the crime is taking
committed in revenge
the spirit of because of
revenge since the grave
 CRIMINAL LAW REVIEW

in this case offense

the passion committed by
did not arise the victim.
from a lawful
sentiment.

o Self-defense, complete or incomplete, is not availing

where the unlawful aggression has ceased at the time of
the commission of the crime. But prior unlawful
aggression can be considered as:

1. A grave offense, which is a basis of vindication.

2. An unjust act producing passion arising from a lawful
sentiment.
3. A sufficient provocation.

7.VOLUNTARY SURRENDER – That the offender

voluntarily surrendered himself to a person in
authority or his agents, or
 Requisites:
a. The offender himself has not actually been arrested;
b. The offender surrendered himself to a person in
authority; and
c. The surrender was voluntary.

- A surrender to be voluntary must be spontaneous,

showing the intent of the accused to submit himself
 CRIMINAL LAW REVIEW

unconditionally to the authorities, either because he

acknowledges his guilt, or he wishes to save them
the trouble and expense necessarily incurred in his
search and capture.

8. VOLUNTARY CONFESSION - that the he had

voluntarily confessed his guilt before the court prior
to the presentation of the evidence for the
prosecution.

 Requisites:
a. The accused spontaneously confessed his guilt;
b. The confession was made before a competent court
trying the case; and
c. The confession of guilt was made prior to the
presentation of evidence by the prosecution.

- A plea of guilty made after the prosecution had

begun presenting its evidence cannot be considered
voluntary since it was made only after the accused
realized that the evidence already presented by the
prosecution is enough to cause his conviction.

If the plea to a LESSER Confession shall be

offense was allowed by appreciated as mitigating
the court pursuant to a circumstance.
 CRIMINAL LAW REVIEW

plea bargaining
agreement -
If the offer of plea to a Confession may or may
lesser offense was not be appreciated
REJECTED by the public depending upon the crime
prosecution - charged and that proven.

People vs. Yturriaga (1950): If the crime charged is murder, but

the crime proven is homicide, the plea to a lesser offense of
homicide constitutes a mitigating circumstance of voluntary
confession because it is the fault of the accused that the
prosecution erroneously alleged a qualifying circumstance in the
information without supporting evidence.

 Confession of Appeal
- Upon arraignment, accused pleaded not guilty to
physical injuries before the MTC. After that, MTC
convicted the accused. On appeal to the RTC, he
made a confession of guilt. His confession shall not
be appreciated as mitigating circumstance.
- Confession as mitigating circumstance must be
made before the MTC. Moreover, the confession to
be mitigating must be made prior to presentation of
evidence by the prosecution at the MTC.

9. PHYSICAL DEFECT – That the offender is deaf and

numb, blind, or otherwise suffering from some
 CRIMINAL LAW REVIEW

physical defect which thus restricts his mean of

action, defense, or communication with his fellow
beings.

- Ordinary Mitigating Circumstance

- It must be shown that such physical defect limited
his means to act, defend himself or communicate
with his fellow beings to such an extent that he did
not have complete freedom of action, consequently
resulting in diminution of the element of
voluntariness.

10. ANALOGOUS OR SIMILAR MITIGATING

CIRCUMSTANCE

 Extreme Poverty and Necessity

- The accused, who committed theft out of extreme
poverty. This is in recognition of the imminent
principle that the right to life is more sacred than a
mere property right.

Aggravating Circumstances

Article 14. Aggravating circumstances. - The following are

aggravating circumstances:
 CRIMINAL LAW REVIEW

1. That advantage be taken by the offender of his public

position.

2. That the crime be committed in contempt or with

insult to the public authorities.

3. That the act be committed with insult or in disregard

of the respect due the offended party on account of his
rank, age, or sex, or that is be committed in the dwelling
of the offended party, if the latter has not given
provocation.

4. That the act be committed with abuse of confidence or

obvious ungratefulness.

5. That the crime be committed in the palace of the Chief

Executive or in his presence, or where public authorities
are engaged in the discharge of their duties, or in a
place dedicated to religious worship.

6. That the crime be committed in the night time, or in

an uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the
offense.
 CRIMINAL LAW REVIEW

Whenever more than three armed malefactors shall have

acted together in the commission of an offense, it shall
be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a

conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune.

8. That the crime be committed with the aid of armed

men or persons who insure or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one

crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of
this Code.

10. That the offender has been previously punished by

an offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a
lighter penalty.

11. That the crime be committed in consideration of a

price, reward, or promise.
 CRIMINAL LAW REVIEW

12. That the crime be committed by means of

inundation, fire, poison, explosion, stranding of a vessel
or international damage thereto, derailment of a
locomotive, or by the use of any other artifice involving
great waste and ruin.

13. That the act be committed with evidence

premeditation.

14. That the craft, fraud or disguise be employed.

15. That advantage be taken of superior strength, or

means be employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the

crimes against the person, employing means, methods,
or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself
arising from the defense which the offended party might
make.

17. That means be employed or circumstances brought

about which add ignominy to the natural effects of the
act.
 CRIMINAL LAW REVIEW

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance of a crime

a wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons

under fifteen years of age or by means of motor vehicles,
motorized watercraft, airships, or other similar means.
(As amended by RA 5438).

21. That the wrong done in the commission of the crime

be deliberately augmented by causing other wrong not
necessary for its commissions.

 Classification of Aggravating Circumstances:

a. Ordinary Aggravating Circumstance

b. Special Aggravating Circumstance
c. Qualifying Circumstance
d. Inherent Aggravating Circumstance

A. GENERIC OR ORDINARY AGGRAVATING

CIRCUMSTANCE

- Unless it is offset by a mitigating circumstance, it

shall require the application of divisible penalty in
 CRIMINAL LAW REVIEW

its maximum period or the application of greater

penalty of reclusion perpetua to death.

 Mitigating and aggravating circumstances shall not

be considered in the imposition of the penalty in the
following cases:
1. If the crime is imprudence or
negligence;
2. If the penalty is single and
indivisible; and
3. If special law has not adopted the
technical nomenclature of the
penalties of the RPC.

a) CONTEMPT OF OR INSULT TO PUBLIC

AUTHORITIES1 -
- The crime must be committed in contempt of or
with insult to public authorities. The crime must be
committed against another person in the presence of
a person in authority, who is engaged in the exercise
of public function.
- Ex.: If the assault is committed against a person in
authority, who is engaged in the performance of
1
Public Authority – refers to a person in authority. It does not include an
agent of person in authority.
 CRIMINAL LAW REVIEW

duty, the crime committed is direct assault, which

absorbs the circumstance of contempt of public
authority.

B) PLACE OF COMMISSION -
- The places which every individual are duty bound to
respect:
 Malacanang Palace or any place whenever the
President was present;
 Place where public authorities are engaged in
the discharged of their duty;
 Place dedicated to religious worship; and
 Dwelling of the offended party.

Inside the Place dedicated to Aggravating

Building: religious worship or Circumstance
palace of the Chief (discharge of
Executive religious or
executive
function or the
presence of
priest is not
required)
Police station; Court Aggravating
Room; or Provincial Circumstance (It
Hall (place where is important that
 CRIMINAL LAW REVIEW

public authorities are the police or

engaged in the judge is present
discharge of their and discharging
duties) his official
duties at the
time of
commission of
the crime)
Outside of the Outside of the place
Building: devoted to religious
worship, palace of the
Chief Executive, or
place where public
authorities are
engaged in the
discharge of their
duties, the rules are as
follows:

a. If committed
in the
presence of
the priest
Not
b. If committed Aggravating
in the Circumstance
presence of
 CRIMINAL LAW REVIEW

the President

Place of
commission is
an aggravating
(not required
that the
c. If committed President is
in the discharging his
presence of official duties at
public the that time)
authorities
The
circumstance of
place of
commission is
not aggravating.

c) DISREGARD OF RANK, AGE, SEX, and OF

DWELLING
- The circumstance of disregard of sex, age, or rank
should be considered as one. But the circumstance
of disregard of dwelling should be considered
independently from the circumstance of disregard of
 CRIMINAL LAW REVIEW

age, sex, and rank2 since their concepts are not the
same.

 Disregard of Rank
- It must be shown that the accused deliberately
intended to
- People vs. Ablao (1990): If accused killed a person
in authority, but he was not engaged in the
performance of duty at that time, and there is no
showing that the crime was committed by reason of
past performance of duty, the crime committed is
not direct assault with homicide or murder. Accused
is liable for homicide or murder and the aggravating
circumstance of disregard of rank may be
appreciated.
- In disregard of rank, the crime must be committed
against a person of a higher rank such as a person in
authority. The accused disregarded the respect due
to rank of the public authority by committing a
crime against him.

Contempt of Place of Disregard of

Public Commission Rank
2
In the latter, the disrespect shown by the offender pertains to the person
of the offended due to her rank, age, and sex. In the former, the
disrespect pertains to the dwelling of the offended party due to the
sanctity of privacy which the law accords it.
 CRIMINAL LAW REVIEW

Authorities
The offender The offender The crime must
committed a committed a be committed
crime against crime in against a person
another person disregard of the of a higher rank
in disregard of respect due to such as a person
the presence of the place where in authority. The
the public the public accused
authority while authority was disregarded the
engaged in the engaged in his respect due to
performance of official rank of the
duty. The victim function. public authority
is not the person by committing a
in authority. crime against
him.

The person in The public

authority was authority is not
engaged in his engaged in the
official performance of
functions The person in duty; otherwise,
outside his authority was the crime
office at the engaged in his committed is
time the crime official direct assault,
was committed. functions inside which absorbs
his office at the the aggravating
time of the circumstance of
 CRIMINAL LAW REVIEW

crime was disregard of

committed. rank.

The person in
authority, who
is superior in
The person in rank to the
authority must offender, must
not be the be the victim.
victim.
The victim may
be a third person
or person in
authority.

 Disregard of Sex
- It must be shown that the accused deliberately
intended to offend or insult the sex of the victim, or
showed manifest disrespect of her womanhood. The
accused must commit some specific insult or
disrespect to her womanhood such as removing her
blouse before killing her.
- It may also be appreciated if the accused took
advantage of the helplessness of the woman.

 Disregard of Age
 CRIMINAL LAW REVIEW

- The accused must be deliberately intend to offend or

insult the age of the offended party.
- It shall also be appreciated if the accused took
advantage of the helplessness of a baby due to his
tender age; or a septuagenarian woman due to her
old age.
- People vs. Mangsant (1938): Where the accused
took advantage of the weakness of her sex and age
in order to perpetrate the same without risk to his
person, treachery absorbs disregard of sex and age.
- This is applied only to crimes against persons and
honor.

 Disregard of Dwelling –

o Requisites:
a. Offender committed crime in the dwelling
of the offended party;
b. Offender committed the crime in disregard
of the respect which the dwelling is
entitled; and
c. The offended has not given provocation.

 Sanctity of Privacy – the accused transgressed the

sanctity of privacy due to the dwelling by committing a
crime therein. Thus, the victim must have a right of
privacy in the dwelling.
 CRIMINAL LAW REVIEW

 Dwelling3 – for all intents and purposes, the house

owned by another person constituted a dwelling of a
victim, who used it for rest and comfort. It is not
necessary under the law that the victim owned the place.
o People vs. Balansi (1990): Onde does not lose
his right of privacy in the dwelling where he is
offended in the house of another because as his
invited guest, he, the stranger, is sheltered by
the same roof and protected by the same
intimacy of life it affords.4
- For the circumstance of dwelling to be considered,
it is not necessary that the accused should have
actually entered the dwelling of the victim to
commit the offense; it is enough that the victim was
attached inside his own house, although the
assailant might have designed means to perpetrate
the assault from the outside.
o Living in the Same Dwelling – if the
offender and victim were living in the same
dwelling, the former could not have
transgressed the sanctity of privacy due to
3
The word dwelling includes every dependency of the house that forms
an integral part thereof such as the staircase of the house, its terrace and
enclosures under the house.
4
The Balansi principle will not apply to a visitor who merely attended a
birthday celebration. The hose where the birthday was celebrated is not
his dwelling.
 CRIMINAL LAW REVIEW

the dwelling by committing a crime

therein. The right of privacy in the
dwelling can only be invoked against those
who are not living therein.

d) NIGHTTIME, UNINHABITED PLACE, OR BY A

BAND

 Nighttime Per Se –
- To appreciate nighttime as an aggravating
circumstance, it must be shown that the accused
intentionally chose the darkness of the night (or
silent of the night) to facilitate the commission of
the crime; or afford impunity; or deliberately took
advantage thereof to facilitate the commission of the
crime.
- However, if the accused decided to commit the
crime at the precise moment that he saw the victim
in the middle of the night, nighttime cannot be
appreciated in acts of lasciviousness since the
accused did not deliberately choose nighttime to
facilitate the commission of the crime.

 Darkness and Silent of the Night –

- As a general rule, nighttime is an ordinary
aggravating circumstance because the darkness of
 CRIMINAL LAW REVIEW

the night facilitated the commission of the crime or

insured impunity.
- But if the offender purposely selected the wee hour
of the night when neighbors and occupant of the
house including the victim were sleeping to
facilitate the commission of the crime or to afford
impunity, nighttime shall be appreciated even if the
place of the commission is lighted.

e) Craft or Fraud –
- These terms are variants of means employed to
deceive the victim and if all these are present in the
same case, they shall be applied as a single
aggravating circumstance.
- Ex. Deception (such as pretending to be a customer)
of the accused.
- Craft may be absorbed in treachery if it is
deliberately adopted as the means, method, or form
for the treacherous strategy.

f) AID OF MINOR [Article 14(20)] -

- The age of the child must be under 15 years.
- But in the special aggravating circumstance of
exploitation of child under RA 9344, the age of the
minor must be under 18 years.

g) MOTOR VEHICLE –
 CRIMINAL LAW REVIEW

- It is appreciated if the motorcycle was purposely

sought to facilitate the commission of the offense,
and to facilitate their escape after they accomplished
their mission.

B. SPECIAL AGGRAVATING CIRCUMSTANCES

- The presence of special aggravating circumstance

will require the application of the prescribed penalty
in its maximum period but the same cannot increase
the penalty to the next higher degree.
- It cannot be subject of the offset rule.
- The following are special aggravating
circumstances:
o Taking Advantage of Position
o Organized or syndicated crime group
o Quasi-recidivism
o Complex Crime
o Use of loose/unlicensed firearm
o Under the influence of drugs
o Exploitation of Minor

a. Complex Crime –
- It effectively directs the imposition of the prescribed
penalty in its maximum period.

b. Organized/Syndicated Crime group –

 CRIMINAL LAW REVIEW

- It is not listed in Article 14; but it is found in Article

62, which provides: The maximum penalty shall be
imposed if the offense was committed by any
person who belongs to an organized/syndicated
crime group.
- “Organized/Syndicated Crime group” – it means a
group of two or more persons collaborating,
confederating or mutually helping one another for
purposes of gain in the commission of any crime.
- “Syndicate” – it means association of gangsters.
- It presupposes conspiracy among members of the
syndicate to commit a crime for gain. But
conspiracy alone is not enough to establish the
existence of a syndicate.
- Under Article 62, the liability of the accused is
aggravated if the offense was committed by any
person who belongs to an organized/syndicated
crime group. In organized/syndicated crime group,
the direct participation of the members of the
syndicate is not the essence of aggravation. What is
important to appreciate this circumstance is
membership in the syndicate.

c. Taking Advantage of Public Position –

- This cannot be offset by mitigating circumstance.
- Article 62 of the RPC, as amended by RA 7659,
provides: When in the commission of the crime,
 CRIMINAL LAW REVIEW

advantage was taken by the offender of his public

position, the penalty to be imposed shall be in its
maximum regardless of mitigating circumstances.

d. Uninhabited Place –
- It is an ordinary aggravating circumstance, or a
special aggravating circumstance in robbery by
means of violence or intimidation.
- To be appreciated, it must be proven that there were
no inhabited houses nearby. But even if the house is
inhabited, if that is the only house in the said place
and the victims are the only inhabitants of the
house, uninhabited place shall be appreciated.
- It is determined not by the distance of the nearest
house of the scene of the crime but whether or not
there was reasonable possibility of the victim
receiving some help in the place where the crime
was committed.
- Purpose:
o To facilitate the Commission of the Crime
o To afford impunity – where the accused
deliberately selected an isolated place for
killing and burying the victim to insure
themselves against detection and
punishment.

e. Band
 CRIMINAL LAW REVIEW

- It is ordinary or a special aggravating circumstance

in robbery by means of violence or intimidation.
- Elements:
1) There must be at least four malefactors;
2) At least four of them are armed; and
3) At least four them took part or acted
together in the commission of crime as
principals by direct participation.

 “Armed” – Any weapon which, by reason of its

intrinsic nature or the purpose of which it was used, is
capable of inflicting serious or fatal injuries upon the
victim may be considered as arms for purposes of the
law on cuadrilla.
 “Four armed men” – Where the accused are five men,
but only one of them is armed with a caribine, there is no
band.
 Principal participation – where one of the four armed
men acted as principal by inducement, the crime is not
committed by a band.

C. QUALIFYING AGGRAVATING
CIRCUMSTANCES
- Qualifying circumstance that changes the nature of
the crime is an element thereof.
 CRIMINAL LAW REVIEW

- Ex.: Treachery is a qualifying circumstance. The

presence of treachery qualifies the killing to murder.
Treachery is included in the definition of murder.
Treachery is an element of murder.

General Aggravating Qualifying

Circumstances Circumstances
It has the effect of It change the name and
increasing the penalty for nature of the crime and
the crime to its maximum the cause the imposition
period, but it cannot of a penalty graver than
increase the same to the the crime being qualified.
next higher degree.

Ex.: Killing a person is

homicide. The penalty for
homicide is reclusion
temporal.

If ordinary aggravating
circumstance of craft is If the qualifying
present, reclusion circumstance of treachery
temporal shall be applied is present, it will qualify
in its maximum period. the killing to murder
instead of homicide and
change the penalty to
reclusion perpetua to
 CRIMINAL LAW REVIEW

death instead of reclusion

temporal.
It cannot be offset by an It is not subject to the
ordinary mitigating offset rule.
circumstance.

- It is now a requirement that the aggravating or

qualifying circumstance be expressly and
specifically alleged in the complaint or information.
Otherwise, they cannot be considered by the trial
court in its judgment, even if they are subsequently
proved during trial.

a. Aid of Armed Men

- It is an ordinary aggravating circumstance or a
qualifying circumstance in murder.
- Requisites:
 That the armed men are accomplices who
take part in minor capacity, directly or
indirectly; and
 That the accused availed himself of their
aid or relied upon them when the crime
was committed.
- In aid of armed men, the men act as accomplices
only.
o In band, the armed members thereof, who
are at least four, must all be principals by
 CRIMINAL LAW REVIEW

direct participation who acted together in

the execution of the acts constituting the
crime.

b. Aid of Persons Who Insure or Afford Impunity

- It is an ordinary aggravating circumstance or a
qualifying circumstance in murder.
- Example:
o A treacherously killed X. B and C helped
in throwing the dead body of X at the sea
to prevent the discovery of the crime. A is
liable as principal for the crime of murder
qualified by the circumstance of treachery
and aggravated by the circumstance of aid
of persons who insure or afford impunity.
B and C are liable as accessories.

 Aid of Armed Men vs. Aid of Persons who Insure or

Afford Impunity

Aid of Armed Men Aid of Persons who

Insure or Afford
Impunity
Offender purposely Offender purposely
sought or consciously sought or consciously
relied upon the aid of relied upon persons to
armed men in committing secure him against
 CRIMINAL LAW REVIEW

a crime. detection and punishment.

The men, whose aid the The persons, whose aid
accused relied upon, must the offender relied upon,
be armed. are not required to be
armed.

c. Disguise
- It is an ordinary aggravating circumstance if the
accused employed the same to insure or afford
impunity by hiding his identity.
- What is important is that there was a deliberate
concealment of identity by the accused.
- Ex.: If the accused covered his face with a
handkerchief when he treacherously killed the
victim, the crime committed is murder qualified by
treachery and aggravated by disguise.

d. Calamity or Misfortune
- That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic, or
other calamity or misfortune is generic ordinary
aggravating circumstance or a qualifying
circumstance in murder.
- The offender must take advantage of the condition
brought about by a calamity or misfortune to
facilitate the commission of the crime or to insure
impunity.
 CRIMINAL LAW REVIEW

e. Using Artifice involving Great Waste and Ruin

- That the crime be committed by means of
inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a
locomotive, or by the use of any other artifice
involving great waste and ruin is an ordinary
aggravating circumstance or a qualifying
circumstance in murder.
- If the accused burned the building to kill an
occupant therein, the crime committed is murder
with the qualifying circumstance of by means of
fire. (People v. Cedenio, G.R. No. 93485, June 27,
1994)
- The fire engulfed several buildings. The accused
took advantage of the situation by burning his house
to claim insurance. The crime committed is arson
with the aggravating circumstance of calamity or
misfortune. (People v. Lao Wan Sing, G.R. No. L-
16379, December 17, 1966) Arson absorbs the
aggravating circumstance of by means of fire but
not the circumstance of calamity caused by fire. The
accused, for the sole purpose of committing
robbery, set the house of the victim on fire,
treacherously thrust a deadly weapon at his side and
took their money. Victim died. Accused was
convicted of robbery with homicide. The ordinary
 CRIMINAL LAW REVIEW

aggravating circumstance of committing a crime by

means of fire was appreciated. (US v. Bulfa, G.R.
No. 8468, August 20, 1913) If the victim did not
die, the crime committed is special complex crime
of robbery with arson. (Article 294 of the Revised
Penal Code)

 Great Waste and Ruin

- If the means employed to commit a crime or to kill
a person as expressly mentioned in the law such as
explosion or poison, it is not required that this
circumstance caused great waste and ruin.
- But, if the means employed to commit a crime or to
kill a person is not expressly mentioned in the law,
it is required that the circumstance caused great
waste and ruin.
- Example:
o On the occasion of a student
demonstration, offender threw a “pill box”
killing instantaneously a student and
causing injuries to the others. To qualify
the crime as murder, the explosion must
involve great waste and ruin. Here, the pill
box did not cause great waste and ruin. It
caused the death of only one man, and
serious physical injuries to three students.
 CRIMINAL LAW REVIEW

Consequently, the same should not be

appreciated as qualifying circumstance.

f. Treachery
- It is an ordinary aggravating circumstance or a
qualifying circumstance in murder.
- It is when the offender commits any of the crimes
against the person, employing means, methods, or
forms in the execution thereof which tend directly
and specially to insure its execution, without risk to
himself arising from the defense which the offended
party might take.
- It can only be appreciated in crime against person.
- Requisites:
a. The employment of means of
execution that gives the person
attacked no opportunity to defend
himself or to retaliate; and
b. The means of execution were
deliberately or consciously adopted.
- It can also be appreciated if the accused took
advantage of the defenseless condition of the victim.
o Killing of a child of tender age,
defenseless, and unprotected, must always
be classified as murder qualified by the
circumstance of treachery.
 CRIMINAL LAW REVIEW

 Continuous and Non-Continuous Attacks –

- The attack is continuous if there is neither break in
the continuity of the aggression nor intervention of
any factor, which materially changes the conditions
of the aggression; there must be no appreciable time
intervening between the first attack and the final
fatal attack.
o Attack is continuous and the fatal wound
was inflicted at the final stage thereof –
treachery to be appreciated must be present
at the beginning of the attack and not at the
final stage thereof.
o Attack is not continuous and the fatal
wound was inflicted at the final stage
thereof – treachery to be appreciated must
be present at the final and not at the
beginning thereof.

 Treachery and Nighttime

- If the accused purposely sought nighttime or took
advantage thereof to make the attack unexpected so
as to render the victim defenseless, treachery
absorbs nighttime.

g. Employment of Means to Weaken the Defense

- It is an ordinary aggravating circumstance or a
qualifying circumstance in murder.
 CRIMINAL LAW REVIEW

- Example:
o Where the accused intoxicated the victim
before strangulating him to death,
employment of means to weaken defense
shall be appreciated.
o However, if the state of intoxication of the
victim renders him defenseless or makes it
impossible for him to put up any sort of
resistance, treachery shall be appreciated.
In such case, treachery absorbs
circumstance of employing means to
weaken defense.

h. Abuse of Superior Strength

- It is an ordinary aggravating circumstance or a
qualifying circumstance in murder.
- It is present whenever there is inequality of forces
between the victim and the aggressor, considering
that a situation of superiority of strength is
notoriously advantageous for the aggressor and is
selected or taken advantage of by him in the
commission of the crime.
- To appreciate abuse of strength, they must commit
the crime in the character of principals.

i. Consideration of Price, Reward or Promise –

 CRIMINAL LAW REVIEW

- It is an ordinary aggravating circumstance or a

qualifying circumstance in murder.
- It shall not be appreciated if there was no offer prior
to the killing and the money was given voluntarily
by accused after the crime had been committed as a
sort of expression of his appreciation of their
sympathy and aid.
- The reward must be the primary consideration in the
commission of a crime or felony. If the accused
were already decided in the commission of the
crime, and the promised reward is just an additional
inducement, the aggravating circumstance of reward
shall not be appreciated.
- In qualifying circumstance of price or reward, the
offeror becomes a principal by inducement and the
acceptor, principal by direct participation. The
aggravating circumstance of price, reward or
promise thereof affects equally the offeror and the
acceptor.
j. Evident Premeditation –
- It is an ordinary aggravating circumstance or a
qualifying circumstance in murder.

 Requisites:
a. The time when the offender determined to commit the
crime;
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b. An act manifestly indicating that the offender has clung

to his determination (to show that during the intervening
period, offender did not back out from his criminal plan
but instead he clung to it up to the time of its
implementation); and
c. A sufficient interval of time between the determination
and the execution of the crime to allow him to reflect
upon the consequences of his act.

 Essence of Evident Premeditation:

- The execution of the criminal act must be preceded
by cool thought and reflection upon the resolution to
carry out the criminal intent during a space of time
sufficient to arrive at a calm judgment.

 Conspiracy vs. Evident Premeditation –

Conspiracy Evident Premeditation

Mode of committing a Aggravating circumstance
crime.
Arises at the very instant Where a sufficient period
the plotters agree, of time must elapse to
expressly or impliedly, to afford full opportunity for
commit the felony and meditation and reflection
forthwith decide to for the perpetrator to
commit it. deliberate on the
consequences of his
 CRIMINAL LAW REVIEW

intended deed.
There are at least 2 It can be appreciated
persons in conspiracy against a single offender
who agreed and decided who committed the crime
to commit a crime. despite opportunity for
meditation and reflection.
Proof that the accused While express conspiracy
committed the crime presupposes the existence
pursuant to express of evident premeditation,
conspiracy gives rise to proof of implied
disputable presumption conspiracy would not
that they meditated on establish any of the
their confederated plan elements of evident
and yet decided to premeditation.
implement it.

- Where the accused would execute the preconceived

act, such as robbery, theft, or estafa, only after
having thought out the method by which he intends
to accomplish it, evident premeditation is inherent.
- Evident premeditation is also inherent in treason
because adherence and the giving of aid and
comfort to the enemy is a long-continued process
requiring persistent determination and planning for
the successful consummation of the traitor’s
purpose.
 CRIMINAL LAW REVIEW

k. Ignominy
- It is an ordinary aggravating circumstance and may
only be appreciated if the accused deliberately
perpetrated the ignominious act to augment the
moral suffering of the victim.
- Example: Raping the victim in the presence of the
husband is ignominy, which is not a qualifying
circumstance in rape.
o Raping a victim would place her in a
humiliating condition. Thus, ordinarily,
ignominy is inherent and will not be
appreciated in rape. However, ignominy
shall be appreciated if the humiliating
condition of the victim was augmented
because of the unnatural way of raping the
victim such as dog-style position, the
distinctive condition of the victim such as
she was pregnant.

l. Cruelty –
- For it to be considered as an aggravating
circumstance, it must be proven that in inflicting
several stab wounds on the victim, the perpetrator
intended to exacerbate the pain and suffering of the
victim.
- It is perpetrated by the accused to prolong the
physical suffering of the victim.
 CRIMINAL LAW REVIEW

- The nature and number of wound does not per se

give rise to cruelty; the test is whether the accused
deliberately and sadistically augmented the victim’s
suffering; consequently, there must be proof that the
victim was made to agonize before he was killed.

Cruelty Ignominy
It involves moral It refers to physical
suffering. suffering.

Cruelty Treachery
The cruel act of the The treacherous act of
accused is not necessary assaulting the victim is
to the commission of the necessary to the
crime. commission of the crime.

The intention of the The intention of the

offender in making a offender in perpetrating a
treacherous attack is to cruel act is to prolong the
render the victim physical suffering of the
defenseless to insure the victim.
commission of the crime.

m. Abuse of Confidence and Obvious Ungratefulness

 CRIMINAL LAW REVIEW

- It is an ordinary aggravating circumstance or a

qualifying circumstance in theft.

Abuse of Confidence Obvious Ungratefulness

The essence is taking the The basis of the
advantage of the appreciation is the
confidence reposed by the commission of a crime
victim on the offender to instead of being grateful
facilitate the commission to the generosities given
of the crime. by the victim to the
offender.

n. Unlawful Entry –
- It is an ordinary aggravating circumstance or a
qualifying circumstance in robbery by using force
upon thing.
- If the accused entered the house through a window,
which is not intended for entrance, unlawful entry is
aggravating in any crime (such as homicide or
murder) committed inside the house.
- Unlawful entry in robbery by using force upon
thing, it is required that the accused entered the
building and committed the crime therein.

o. Breaking Door or Window –

- That as a means to the commission of a crime, a
wall, roof, floor, door, or window be broken is an
 CRIMINAL LAW REVIEW

ordinary aggravating circumstance or a qualifying

circumstance in robbery by using force upon thing.

 Dwelling – not an ingredient of the aggravating

circumstance of unlawful entry and breaking of wall,
roof, floor, door, or window. Thus, unlawful entry in or
breaking the window of a building, not constituting a
dwelling, shall be considered as aggravating
circumstance.
 Entry – in breaking the window:
o As a qualifying circumstance in robbery by
using force upon things, it is required that the
accused entered the building and took
properties therein.
o As an aggravating circumstance, it is not
required that the accused entered the building.
What is important is that the accused
committed the crime by breaking the window.

ALTERNATIVE CIRCUMSTANCES

- Those which must be taken into consideration as

aggravating or mitigating according to the nature
and effects of the crime and other conditions
attending its commission.

1) Relationship –
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- It refers to –
O Spouse
O Ascendants
O Descendants, or
O Legitimate, natural or adopted or sisters
O Relatives by affinity in the same degrees 5
- However, in defense of relative, there is an
additional concept of relationship. It includes
relatives by consanguinity within the fourth civil
degree.

 Crime against Person

– Relationship is mitigating
circumstance if it is classified as less
grave felony or light felony and the
victim is a relative of lower level.
– Relationship is an aggravating
circumstance:
 If it is classified as grave
felony; or
 If the victim is a relative of
higher or equal level than the
offender.

5
Relative by affinity within the same degree means the ascendants,
descendant, brother or sister of the offender’s spouse or the spouse of the
offender’s ascendant, descendant, or brother or sister.
 CRIMINAL LAW REVIEW

 Crime against Property

– Exempting circumstance in theft,
swindling, or malicious mischief.
– Mitigating circumstance if the crime
against property is not covered by
Article 332.
 Crime against Chastity
– It is committed against a relative is so
monstrous that no punishment, which
is in the power of any human tribunal
to decree, could possibly be a
sufficient expiation of the offense.

 Other Concept of Relationship –

o Under Sec 31 of RA 7610, the penalty for child
abuse shall be imposed in its maximum period
when the perpetrator is an ascendant, parent
guardian, step-perpetrator or collateral relative
within the second degree of consanguinity or
affinity – special aggravating circumstance.
o The circumstance of ascendency or relationship
within the second degree of consanguinity or
affinity is a special aggravating circumstance in
child prostitution and sexual abuse.

2) Intoxication –
- It may be a mitigating or aggravating circumstance.
 CRIMINAL LAW REVIEW

o As mitigating, the accused must

established that his intoxication was not
habitual or subsequent to the plan to
commit the crime and that he took such
quantity of alcoholic beverage, prior to the
commission of the crime, as would blur his
reason.
o As aggravating, the prosecution must
establish that the intoxication is habitual or
intentional and it fortifies accused’s resolve
in committing the crime.
- To aggravate the liability of the accused, it is not
necessary that degree of intoxication must have
impaired the will power of the accused. Impairment
of the will power is only required in appreciating
intoxication as a mitigating circumstance but not as
an aggravating circumstance.
- To aggravate the penalty, what is important is that
the intoxication, which is habitual or intentional,
must have emboldened accused to commit the
crime.

3) Lack of Instruction and Education –

- Not illiteracy alone but also lack of sufficient
intelligence and knowledge to fully realize the
consequence of his criminal act are necessary to
 CRIMINAL LAW REVIEW

invoke the benefit of mitigating circumstance of

lack of instruction and education.
- Extenuating circumstances must be proven
positively and cannot be based on mere deduction or
inference.
- It must be established that illiteracy was coupled
with such a low degree of intelligence that the
malefactor did not fully realize the consequences of
his criminal act.
- If the immoral nature of the crime is so inherent that
the offender, despite his lack or low degree of
education and instruction in committing it, would
have discerned the consequences of his wrong
doings, mitigating circumstance will not be
considered. Thus, lack of instruction and education
is not mitigating in theft or robbery, murder or
homicide, rape, and treason.

 Requisites:
a. The offender possessed a high degree or
instruction and education; and
b. The offender took advantage of such high
degree of education in committing the crime.

Inherent Circumstances
- Aggravating circumstances, which in themselves
constitute a crime especially punishable by law or
 CRIMINAL LAW REVIEW

which are included by the law in defining a crime

and prescribing the penalty therefore or which are
inherent in the crime to such a degree that it must
necessarily accompany the commission thereof,
shall not be taken into account for the purpose of
increasing the penalty.

Personal Circumstances
- It can only be appreciated against the offender to
whom such circumstance is attendant.
- It is personal when it arises from the moral attribute
of the offender, from his private relations with the
offended party, or from any other personal reason.

Non-Personal Circumstances
- It can be appreciated not only against the person to
whom such circumstance is attendant but also
against those who had knowledge of the same at
that time of the execution of the act or their
cooperation therein.

ABSOLUTORY CAUSE
- Those where the act committed is a crime but for
reasons of public policy and sentiment there is no
penalty imposed.
- The following are absolutory causes:
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o Spontaneous desistance in Attempted

Felony;
o Relationship in crime committed by an
accessory and in theft, malicious mischief
and swindling;
o Exceptional circumstance of having caught
spouse in the act of infidelity in case of
death and physical injuries;
o Marriage in crime against chastity and rape
or forgiveness in marital rape; and
o Instigation

 Relationship in Crime against Property –

- No criminal, but only civil liability, shall result from
the commission of the crime of theft, swindling, or
malicious mischief committed or caused mutually
by the following persons:
2. Spouses, ascendants and
descendants, or relatives by affinity
in the same degree;
3. Widowed spouse with respect to the
property which belonged to the
deceased spouse before the same
shall have passed into the possession
of another; and
 CRIMINAL LAW REVIEW

4. Brothers and sisters and brothers-in-

law and sisters-in-law, if living
together.

 Death or Physical Injuries under Exceptional

Circumstances –
- Article 247 of the RPC - If an accused is prosecuted
for parricide, murder or homicide, and he was able
to establish that the killing constitutes death under
exceptional circumstance, the court will sentence
him to suffer destierro instead of imposing the
penalty for parricide, murder or homicide.
o To avail the defense under Article 247, the
accused must establish the following:
1. That a legally married person (or a
parent) surprises his spouse (or his
daughter, under 18 years of age and
living with him), in the act of
committing sexual intercourse with
another person;
2. That he or she kills any or both of
them or inflicts upon any or both of
them any serious physical injury in
the act or immediately thereafter.
3. That he has not promoted or
facilitated the prostitution of his
wife (or daughter) or that he or she
 CRIMINAL LAW REVIEW

has not consented to the infidelity of

the other spouse.

 Instigation and Entrapment –

Instigation Entrapment
It means luring the It is the employment of
accused into a crime that ways and means in order
he, otherwise, had no to trap or capture a
intention to commit, in criminal.
order to prosecute him.
The criminal intent to The criminal intent or
commit an offense design originates from
originates from the the accused and the law
inducer and not from the enforcers merely
accused who had no facilitate the
intention to commit and apprehension of the
would not have criminal by using ruses
committed it were it not and schemes.
for the prodding of the
inducer.
The law enforcers act as It does not bar
active co principals. prosecution and
Instigation leads to the conviction.
acquittal of the accused.
 CRIMINAL LAW REVIEW

Persons Liable and Degree of Participation

Criminally liable for Criminally liable for

Grave and Less Grave Light felonies:
felonies:
o Principals o Principals
o Accomplices o Accomplices
o Accessories

PRINCIPALS –

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.

 Principal by Direct Participation –

- Those who take a part in the execution of the act are
principal by direct participation.
- It includes Chief Actor and Conspirator.

 Chief Actor –
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- One who committed the act constituting a crime

such as the person who stabbed and killed the
victim.
- With or without conspiracy, the chief actor is liable
as principal by direct participation.

 Conspirator –
- One who performed an act in furtherance of
conspiracy, is liable as principal by direct
participation.
- He who acted as a lookout, is liable as principal by
direct participation, because the act committed by
the chief actor in stabbing the victim is the act of the
former.
- In conspiracy, the act constituting the crime by the
chief actor is the act of all conspirators because of
the collective responsibility principle.
- To hold an accused guilty as a co-principal by
reason of conspiracy, he must be shown to have
performed an overt act in pursuance or furtherance
of the conspiracy.
- “Overt act in furtherance of conspiracy” may
consist of the following:
o Active participation in the actual
commission of the crime itself;
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o Moral assistance to his co-conspirators by

being present at the time of the commission
of the crime;
o By exerting moral ascendancy over the
other co-conspirators by moving them to
execute or implement the criminal plan.

 Principal by Inducement –
- Those who directly force or induce others to commit
it are principals by inducement.

 Directly Forcing Another –

o One, who directly forced another to
commit a crime, is a principal by
inducement.
o He compels another either by using
irresistible force or by causing
uncontrollable fear to commit a crime.

 Directly Inducing Another –

o One, who directly induces another to
commit a crime.
o To be held liable, it is important that the
inducement is made directly with the
intention of procuring the commission of
the crime.
 CRIMINAL LAW REVIEW

- It is also required that the inducement is the

determining cause of the commission of the crime.
- Inducement is either:

o By command –
 The inducer by word of command
must have an ascendancy over the
chief actor;
 The word of command must be so
direct, so efficacious and so
powerful amounting to physical or
moral coercion;
 The word of command must be
uttered prior to the commission of
the crime; and
 The chief actor has no personal
reason to commit the crime.

o For a consideration, without such offer or

promise, the criminal act would never have
been committed.
o By any other similar act which constitutes
the real and moving cause of the crime.

 Principal by Indispensable Cooperation –

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- Those who cooperate in the commission of the

offense by another act without which it would not
have been accomplished.
- One must participate in the criminal resolution, a
conspiracy or unity in criminal purpose
(community of design) and cooperation in the
commission of the offense by performing another
act without which it would not have been
accomplished.

ACCOMPLICES –

Article 18 – Accomplices – Accomplices are the persons who,

not being included in Article 17, cooperate in the execution of the
offense by previous or simultaneous acts.

 Requisites:
1) Community of design, which means that the accomplice
knows of and concurs with, the criminal design of the
principal by direct participation;
2) Performance by the accomplice of previous or
simultaneous acts that are not indispensable to the
commission of the crime;
3) That there be a relation between the acts done by the
principal and those attributed to the person charged as an
accomplice.
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 Extent of Participation –
- The accomplice must perform the previous or
simultaneous acts with the intention of supplying
material or moral aid in the execution of the crime
in an efficacious way.

 Conspirators vs. Accomplices –

Conspirators
They agreed and decided
to commit the crime; in
sum, their collective
responsibility is based on
conspiracy.
To be held liable on the
basis of collective
responsibility, they must
perform an act in
furtherance of conspiracy
such as providing active
Accomplices
They acquire knowledge
and concur with the
criminal design of the
conspirators after the
latter reaches a decision;
in sum, their quasi-
collective responsibility is
based on community of
design.
They must supply
material or moral aid an
efficacious way.
 CRIMINAL LAW REVIEW

participation or moral
assistance or exerting
moral ascendency.
The nature and time of The participation of the
participation of the accomplices must be
conspirators is not previous or simultaneous
important. to the commission
thereof; otherwise, they
are liable as principal by
indispensable
cooperation.

ACCESSORIES –

Article 19 – Accessory – Those who, having knowledge of the

commission of the crime, and without having participated
therein, either as principals or accomplices, take part subsequent
to its commission in any of the following manners:

1) By profiting themselves or assisting the offender to

profit by the effects of the crime;
2) By concealing or destroying the body of the crime or the
effects or instruments thereof, in order to prevent its
discovery;
3) By harboring, concealing, or assisting in the escape of
the principal of the crime, provided the accessory acts
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with abuse of his public functions or whenever the

author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the Chief
Executive, or is know to be habitually guilty of some
other crime.

- It is not necessary that the principal should be first

declared guilty before an accessory can be made
liable as such. One can be held liable as an
accessory even if the chief actor or principal was
not convicted because:
o The principal is at large;
o The principal died; or
o The principal is unidentified, or was
acquitted due to technicality.
- As long as the commission of the offense can be
duly established in evidence, the determination of
the liability of the accomplice or accessory can
proceed independently of that of the principal.

 Time of Participation:

 With Conspiracy – conspirators are liable as principals

regardless of the time of participation.
 Without Conspiracy –
o If there is community of design and the accused
cooperates in the execution of the offense by
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previous or simultaneous acts, the former is

liable as an accomplice or principal by
indispensable cooperation, depending upon the
extent of the crime.
o If there is knowledge of the commission of the
crime and the accused takes part subsequent to
its commission.

 Nature of Participation:

I. Profiting
II. Preventing the Discovery of the Crime
III. Assisting the Principal to Escape

CONSPIRACY –

- Either direct or implied.

 Express Conspiracy
- Conspiracy proven by direct evidence.

 Implied Conspiracy
- Conspiracy may be established by circumstantial
evidence.
- It may be proven through the collective acts of
accused, before, during and after the commission of
a felony, all the accused aiming at the same object,
 CRIMINAL LAW REVIEW

one performing one part and another performing

another for the attainment of the same criminal
objective.
o Simultaneous Attacks – However, there is
no implied conspiracy if the simultaneity
of the attacks by several accused was just a
reflex response or spontaneous reaction.
Proposal

Community of Design

- It means that the accomplice (or principal by

indispensable cooperation) knows of, and concurs
with criminal design of the principal by direct
participation.
- Elements:
o Knowledge
o Concurrence in the criminal mind of the
Chief actor

c. Multiple Offenders
d. Obstruction of Justice

PENALTIES

A. GENERAL PRINCIPLES
 CRIMINAL LAW REVIEW

 Prospectivity and Retroactivity –

GR: No felony shall be punishable by any penalty not

prescribed by law prior to its commission.

XPN: Penal laws shall have a retroactive effect insofar

as they favor the person guilty of a felony, who is not a
habitual criminal although at the time of the publication
of such laws a final sentence has been pronounced and
the convict is serving the same.

 The following shall not be considered as penalties:

a. 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.
b. The commitment of a minor to any of the
institutions under RA 9344.
c. Suspension from employment or public office
during the trial in order to institute proceedings.
d. Fines and other corrective measures which, in
the exercise of their administrative disciplinary
powers, superior officials may impose upon
their subordinates.
e. Deprivation of rights and reparation which the
civil law may establish in penal form.
 CRIMINAL LAW REVIEW

RA 9346 – Act Prohibiting the Imposition of Death

Penalty in the Philippines

- The imposition of the penalty of death is

PROHIBITED.
- In lieu of the death penalty, the following shall be
imposed:
(a) The penalty of reclusion perpetua,
when the law violated makes use of
the nomenclature of the penalties of
the RPC; or
(b) The penalty of life imprisonment,
when the law violated does not
make use of the nomenclature of the
penalties of the RPC.
- Person convicted of an offense with reclusion
perpetua, or whose sentences will be reduced to
reclusion perpetua from death penalty shall not be
eligible for parole under the Indeterminate Sentence
Law.

 Purposes of Penalties –
1. Prevention
2. Self-defense
3. Reformation
4. Justice
 CRIMINAL LAW REVIEW

B. CLASSIFICATION OF PENALTIES

1. PENALTIES IN GENERAL (Article 25, RPC)

I. Capital Punishment:

Death
II. Afflictive Penalties:

Reclusion Perpetua
Reclusion Temporal
Perpetual or temporary absolute
disqualification
Perpetual or temporary special
disqualification
Prision Mayor
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III. Correctional Penalties:

Prision Correcional
Arresto Mayor
Suspension
Destierro

IV. Light Penalties:

Arresto Mayor
Public Censure
V. Penalties common to the Three preceding
classes:

Fine, and Bond to keep the peace

VI. Accessory Penalties:

Perpetual or temporary absolute

disqualification
Perpetual or temporary special
disqualification
Suspension from public office, the right to
vote and be voted for, the profession or
calling
Civil Interdiction
Indemnification
 CRIMINAL LAW REVIEW

Forfeiture or confiscation of instruments and

proceeds of the offense
Payment of costs

 Two Classes of Penalty:

 Principal Penalty
- Those expressly imposed by the court in the
judgment of conviction.

 Accessory Penalty
- Those impliedly included in the imposition of the
principal penalties.

 Complex Penalty
- It is the penalty prescribed by law for a crime,
which is composed of three distinct penalties.
- Here, each distinct penalty shall form a period; the
lightest of them shall be the minimum, the next is
medium, and the most severe, the maximum period.
- Example:
o The penalty for treason committed by an
alien is reclusion temporal to death. This is
a complex penalty. The minimum period of
this penalty is reclusion temporal; the
medium period is reclusion perpetua; the
maximum period is death.
 CRIMINAL LAW REVIEW

 Fine –
- Under Article 26 of the RPC, as amended by RA
10951, a fine, whether imposed as a single or as an
alternative penalty, shall be considered an –
o afflictive penalty, if it exceeds P1,200,000;
o correctional penalty, if it does not exceed
P1,200,000 but is not less than P40,000;
and
o light penalty, if it be less than P40,000.
- It may also be a –
o Single Penalty (P40,000)
o Alternative Penalty (P40,000 or one year of
imprisonment)
o Additional Penalty (P40,000 and one year
of imprisonment)
- If the law prescribed alternative penalty of fine or
imprisonment, the court in sentencing the accused
must choose between fine and imprisonment.

 Subsidiary Imprisonment
- A penalty which must be served only by the culprit
who failed to pay it due to insolvency.

C. Duration and Effect

 CRIMINAL LAW REVIEW

 Article 27 and 76 of the Revised Penal Code

Penalties Duration
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
6 months and 1 day to 6
Prision Correcional – years
1 month and 1 day to 6
Arresto Mayor – months
1 day to 30 days
Arresto Menor –
Reclusion Temporal:
Maximum – 17 years, 4 months and 1
day to 20 years
Medium – 14 years, 8 months and 1
day to 17 years and 4
months
Minimum – 12 years and 1 day to 14
years and 8 months
Prision Mayor:
Maximum – 10 years and 1 day to 12
years
Medium – 8 years and 1 day to 10
 CRIMINAL LAW REVIEW

years

Minimum – 6 years and 1 day to 8

years
Prision Correcional:
Maximum – 4 years, 2 months and 1
day to 6 years
Medium – 2 years, 4 months and 1
day to 4 years and 2
months
Minimum – 6 months and 1 day to 2
years and 4 months
Arresto Mayor:
Maximum – 4 months and 1 day to 6
months
Medium – 2 months and 1 day to 4
months
Minimum – 1 month and 1 day to 2
months
Arresto Menor:
Maximum – 21 days to 30 days
Medium – 11 days to 20 days
Minimum – 1 day to 10 days

- The duration of the minimum, medium and

maximum periods under Article 76 is 1/3 equal
 CRIMINAL LAW REVIEW

portion of the respective penalties except arresto

mayor.
o The time included in the minimum period
of arresto mayor is only one month while
that of the medium and maximum is two
months.
- The duration of absolute or special temporary
disqualification and its periods are the same as that
of prision mayor; and the duration of destierro and
suspension and their period are the same as that of
prision correcional.
- The bond to keep the peace shall be required to
cover such period of time as the court may
determine.

 Computation of Penalties:
o Offender shall be in prison –
 The term of the duration of the
temporary penalties shall be computed
from the day on which the judgment of
conviction shall have become final.

o Offender be not in prison –

 The term of the duration of the penalty
consisting of deprivation of liberty
shall be computed from the day that
 CRIMINAL LAW REVIEW

the offender is placed at the disposal

of the judicial authorities for the
enforcement of the penalty.

- The duration of other penalties shall be computed

from the day on which the defendant commences to
serve his sentence.

PREVENTIVE IMPRISONMENT –
- It is when the accused was detained by reason of a
warrant of arrest or bench warrant or a lawful
warrantless arrest, and he was not able to post bail
due to financial incapacity or since the offense of
which he is charged is non-bailable, his detention is
called preventive imprisonment.

 Credit of Preventive Imprisonment –

- An accused who has undergone preventive
imprisonment shall be credited, either full or 4/5 of
the term, in the service of their sentence consisting
of deprivation of liberty, provided he is not
disqualified.
o FULL CREDIT – detention prisoner
executed detainee’s manifestation –
defined as a written declaration of a
detained prisoner, with the assistance of a
 CRIMINAL LAW REVIEW

counsel, stating his willingness to abide by

the same disciplinary rules imposed upon a
convicted prisoner for the purpose of
availing the full credit of the period of his
preventive imprisonment.
o 4/5 CREDIT – detention prisoner executed
detainee’s waiver – defined as a
declaration of a detained prisoner, with the
assistance of a counsel, stating his refusal
to abide by the same disciplinary rules
imposed upon a prisoner convicted by final
judgment.
o NO CREDIT – if the accused is a
recidivist; has been previously convicted
twice or more times of any crime; or has
failed to surrender voluntarily before a
court of law upon being summoned.
- Full credit for Child in Conflict with the Law – the
full time spent in actual commitment and detention
of juvenile delinquent shall be credited in the
services of his sentence.

 Credit for Reclusion Perpetua –

- Deducted from 30 years.

 Credit for Destierro –

 CRIMINAL LAW REVIEW

- Where the penalty of destierro is to be imposed on

the accused, the benefits of Article 29 (“sentence
consisting of deprivation of liberty”) should be
extended to him, that is, he should be credited with
the time during which he has undergone preventive
imprisonment.

 Immediate Release –
- If the period of preventive imprisonment is equal to
the imposable maximum imprisonment of the
offense charged, the detention prisoner shall be
released immediately without prejudice to the
continuation of the case.
- XPN: In case the accused is not entitled to the
benefit of the rule on immediate release -
o Recidivist
o Habitual Delinquent
o Ecapee
o Person charged with heinous crimes

 Good Conduct Time Allowance (GCTA) –

- The following shall be entitled to good conduct time
allowance:
a. A detention prisoner qualified for credit for
preventive imprisonment for his good conduct
and exemplary behavior; and
 CRIMINAL LAW REVIEW

b. A prisoner convicted by the final judgment in

any penal institution, rehabilitation or detention
center or any other local jail for his good
conduct and exemplary behavior.

- The good conduct time allowances are as follows:

o First 2 years of imprisonment: 20 days for
each month of good behavior
o 3rd to 5th year: 23 days for each month of
good behavior
o 6th to 10th year: 25 days for each month of
good behavior
o 11th year and successive years: 30 days for
each month of good behavior

 Time Allowance for Study, Teaching, and Mentoring

(TASTM) –
- It is a privilege granted to a prisoner, whether
detained or convicted by final judgment, as a reward
for having earned a post-graduate degree or college
degree, a certificate of completion of a vocational or
technical skills or values development course, a
high school or elementary diploma or to one serving
his fellow prisoner as a teacher or mentor while
incarcerated, equivalent to a deduction of a
maximum of 15 days for every month of study or
mentoring services.
 CRIMINAL LAW REVIEW

 Special Time Allowance for Loyalty (STAL) –

- If a detention prisoner or convicted prisoner escapes
during the calamity, and subsequently surrenders
within 48 hours from the time the President
announces the passing away of such calamity, he is
entitled to 1/5 STAL under Article 98, as amended
by RA 10592.
- If convicted prisoner did not surrender within the
period, he is liable for evasion of sentence,
punishable by a penalty equivalent to 1/5 of the time
remaining to be served under the original sentence,
which in no case shall exceed 6 months.
- If the detention prisoner did not surrender within the
period, he is not liable for evasion of sentence.
- In case the prisoner chose to stay in the place of his
confinement notwithstanding the existence of a
calamity, he is entitled to 2/5 STAL.

 Effects of the penalties according to their respective

nature –

 The penalties of perpetual or temporary absolute

disqualification for public office shall produce the
following effects:
 CRIMINAL LAW REVIEW

o The deprivation of the public offices and

employments which the offender may have held
even if conferred by popular election.
o The deprivation of the right to vote in any
election for any popular elective office, or to be
elected to such office.
o The disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned.
o The lost of all rights to retirement pay or other
pension for any office formerly held.

 The penalties of perpetual or temporary special

disqualification for public office, profession, or
calling shall produce the following effects:
o The deprivation of the office, employment,
profession or calling affected;
o The disqualification for holding similar offices
or employments either perpetually or during the
term of the sentence, according to the extent of
such disqualification.

 Classification of Disqualification –

 Disqualification is absolute:
 CRIMINAL LAW REVIEW

o Deprivation of the public offices and

employments with loss of retirement and other
pension benefits;
o Deprivation of the right to vote or to be elected;
and
o Disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned.

 Disqualification is special:
o Deprivation of the public office, employment,
profession or calling affected; and
o Disqualification for holding similar offices or
employments; OR
o Deprivation of the right to vote or to be elected;
and
o Prohibition to hold any public office.

 Civil Interdiction –
- It shall deprive the offender during the time of his
sentence of the rights of parental authority, or
guardianship, either as to the person or property of
any ward, of marital authority, of the right to
manage his property and of the right to dispose of
such property by any act or any conveyance inter
vivos.
 CRIMINAL LAW REVIEW

 Bond –
- It shall be the duty of any person sentenced to give
bond to keep the peace, to present two sufficient
sureties who shall undertake that such person will
not commit the offense sought to be prevented, and
that in case such offense be committed they will pay
the amount determined by the court in its judgment,
or otherwise to deposit such amount in the office of
the clerk of the court to guarantee said undertaking.
- Failure to give a bond as required, he shall be
detained for a period which shall in no case exceed
6 months, if he shall have been prosecuted for a
grave or less grave felony, and shall not exceed 30
days, if for a light felony.

 Order of Payment –
- In case the property of the offender should not be
sufficient for the payment of all his pecuniary
liabilities, the same shall be met in the following
order:

1. The reparation of the damage

caused;
2. Indemnification of consequential
damages;
3. Fine; and
 CRIMINAL LAW REVIEW

4. Cost of the proceedings.

GRADUATING CIRCUMSTANCES
- The factors to be considered are the following:
o Stage of Execution
o Nature of Participation of Offender
o Presence of Special Mitigating
Circumstance, or Privileged Mitigating
Circumstances

- Under Articles 50 to 57, 64, pars. 5, 68, and 69, the

fixed penalty shall be graduated by one or more
degrees on the basis of the following factors:

FACTORS NUMBER OF
DEGREES
Stage of Execution:

Frustrated Stage – 1
Attempted Stage – 2
Nature of Participation:

Accomplice – 1
Accessory – 2
Privileged Mitigating
 CRIMINAL LAW REVIEW

Circumstance

Minority – 1
Incomplete justification 1 or 2
or exemption (except:
Accident) –

 Rules for Graduating Penalties:

Graduated Penalty
- It is that which is inferior to the fixed penalty by
one or more degrees in the graduated scale of
penalties.
- Article 71 provides the graduated scale of penalty as
follows:

Graduated Scale of Penalty:

Death
Reclusion perpetua
Reclusion temporal
Prision mayor
Prision correctional
Arresto mayor
Destierro
Arresto menor
Public censure
 CRIMINAL LAW REVIEW

Fine
o However, in scale of penalties in
accordance with its severity under Article
70 for purposes of service of sentences,
arresto menor is listed below arresto
mayor.
o In Article 71, for purposes of graduation of
penalties, destierro is listed below arresto
mayor.

- Generally, it is a single penalty, which is

immediately inferior to the penalty or to lesser
component of the penalty prescribed by law for the
crime committed.
o Ex.: Reclusion temporal is immediately
inferior to reclusion perpetua prescribed for
simple rape. Hence, reclusion temporal is
the penalty one degree lower than reclusion
perpetua.

 Penalty in Period –
- It must be immediately inferior to the prescribed
penalty in period.

Examples:
 CRIMINAL LAW REVIEW

o If the prescribed penalty is composed of a single period,

the graduated penalty must also be composed of a single
period.

Prision coreccional in its minimum period is

immediately inferior to prision correctional in its
medium period prescribed for conspiracy to commit
sedition. Hence, the former is the penalty one degree
lower than the latter.

o If the prescribed penalty is composed of two periods, the

graduated penalty must also be composed of two
periods.

Arresto mayor in its maximum period to prision

correctional in its minimum period is immediately
inferior to prision correctional in its medium and
maximum periods prescribed for reckless imprudence
resulting in homicide. Hence, the former is the penalty
one degree lower than the latter.

Prision Maximum Prescribed

correcional Medium Penalty

Minimum One degree

Maximum lower
 CRIMINAL LAW REVIEW

Arresto mayor Medium Two degrees

Minimum lower
Maximum

o If the prescribed penalty is composed of three periods,

the graduated penalty is composed of three periods, the
graduated penalty must also be composed of three
periods.

Arresto mayor in its maximum period to prision

correctional in its medium period is immediately
inferior to prision correctional in its maximum period
to prision mayor in its medium period prescribed for
simple robbery.

Prision mayor Maximum Prescribed

Medium Penalty
Minimum
Maximum
Prision Medium One degree
correcional Minimum lower
Maximum
Arresto mayor Medium Two degrees
Minimum lower
Maximum
 CRIMINAL LAW REVIEW

Destierro Medium
Minimum

 Penalty in Full and Penalty in Period –

- If the penalty prescribed by law for the crime

committed is composed of a full penalty and penalty
in period, the graduated penalty must be composed
of 3 periods. It must immediately inferior to the
prescribed penalty.

Example:

Prision mayor in its maximum period to reclusion

temporal in its medium period (this penalty is
composed of 3 periods) is immediately inferior to
reclusion temporal in its maximum period to
reclusion perpetua prescribed for attempted robbery
with homicide.

Reclusion Maximum Prescribed

perpetua penalty
Reclusion Medium One degree
temporal Minimum lower
Maximum
Prision Medium Two
 CRIMINAL LAW REVIEW

Mayor Minimum degrees

Maximum lower
Prision Medium
correcional Minimum

Graduating Death Penalty –

- Death shall be excluded from the scale of graduated
penalties.
- Example:
o The accused is convicted of attempted
qualified rape. The penalty for qualified
rape is death. However, RA 9346 has
excluded death penalty from the scale of
graduated penalties. Hence, reclusion
perpetua, which is now the highest penalty,
shall be considered for purposes of
graduation. Since the crime merely reached
the attempted stage, reclusion perpetua
shall be reduced to 2 degrees lower, and
that is prision mayor.

D. Application

a. Application of Indivisible Penalties -(Article

63 – Rules for the Application of Indivisible
Penalty)
 CRIMINAL LAW REVIEW

Single Indivisible Ex.: Death is an

Penalty indivisible penalty.
Therefore, if the penalty
is death or reclusion
perpetua, its shall not be
lowered by one degree, no
matter how many
mitigating circumstances
are present. But where the
imposable penalty is
death penalty, the same
shall be reduced to
reclusion perpetua
because of RA 9346.
Two Indivisible Where the penalty is
Penalties reclusion perpetua to
death, the crucial factor to
be considered in
determining the
imposable indivisible
penalty is the presence of
aggravating circumstance.

The graver penalty of

death shall be applied by
the court if at least one
aggravating circumstance
 CRIMINAL LAW REVIEW

–
1. Is present, or
2. Remains after
the application
of Offset Rule;
3.
Otherwise, the lesser
penalty of reclusion
perpetua shall be applied.

b. Application of Divisible Penalties – (Article

64 – Rules for the Application of Divisible
Penalty or penalties composed of three periods)
Example:

o Under Article 65, prision mayor, prescribed for

frustrated homicide is composed of three periods.

Minimum: 6 years and 1 day to 8 years

Medium: 8 years and 1 day to 10 years
Maximum: 10 years and 1 day to 12 years

No Modifying Prision mayor

Circumstance - prescribed for
frustrated homicide
 CRIMINAL LAW REVIEW

shall be imposed in
its medium period.
Aggravating Prision mayor
Circumstance prescribed for
(disregard of frustrated homicide
dwelling) is present shall be imposed on
- its maximum
period.
Mitigating Prision mayor
Circumstance prescribed for
(voluntary attempted homicide
surrender) is present shall be imposed in
- its minimum period.
Special Mitigating The court shall
Circumstance (there impose the penalty
are two or more next lower to that
mitigating prescribed by law,
circumstances and in the period that it
no aggravating may deem
circumstances) are applicable,
present – according to the
number and nature
of such
circumstances.

Example:
 CRIMINAL LAW REVIEW

It shall be
Two mitigating considered in
Circumstances – lowering the penalty
prescribed by law
by one degree
lower.

The two mitigating

Three mitigating circumstances shall
Circumstances – be considered in
lowering the penalty
prescribed by law
by one degree and
one mitigating
circumstance shall
be taken to apply
the reduced penalty
in its minimum
period.

The two mitigating

circumstances shall
be considered in
Four Mitigating lowering the penalty
Circumstances – prescribed by law
by one degree and
 CRIMINAL LAW REVIEW

two mitigating
circumstances shall
be taken to apply
the reduced penalty
in its minimum
period.

The penalty shall

not be lowered by
two degrees.
Special mitigating
circumstance shall
only be appreciated
once.

 Offset Rule –
- If aggravating circumstance of dwelling and
mitigating circumstances of voluntary confession
and voluntary surrender are present, the court shall
reasonably offset those of one class against the other
according to their relative weight.
- After applying the offset rule, if there are remaining
aggravating circumstances, the penalty shall be
applied in its maximum period; if there is no
remaining modifying circumstance, the penalty shall
be applied in its medium period; if there are
 CRIMINAL LAW REVIEW

remaining mitigating circumstances, the penalty

shall be applied in its minimum period.

Example:

Two mitigating circumstances and One Aggravating

Circumstance – Accused is found guilty of homicide, which is
punishable by reclusion temporal. There are two ordinary
mitigating circumstances and one aggravating circumstance.
Applying the offset rule, there is one mitigating circumstance
remaining. With this circumstance, reclusion temporal shall be
applied in its minimum period.

 Not subject to the offset rule – only ordinary aggravating

and mitigating circumstances are subject to the offset rule.

Indeterminate Sentence Law (Act No. 413, as

amended)

 Indeterminate Sentence –
- A sentence with a minimum term and a maximum
term of which the court is mandated to impose for
the benefit of a guilty person who is not disqualified
to avail therefore, when the maximum
imprisonment exceeds 1 year.

 Purpose:
 CRIMINAL LAW REVIEW

- To uplift and redeem valuable human material, and

prevent unnecessary and excessive deprivation of
personal liberty and economic usefulness; it is
necessary to consider the criminal, first, as an
individual and, second, as a member of society.
- The purpose of fixing the maximum penalty is to
determine up to when the convict must serve his
sentence in prison.
o Upon serving the maximum penalty, the
accused will be released.
- The reason in fixing the minimum is to determine
when the convict will be eligible for parole.
o Upon serving the minimum penalty, the
accused may be released on parole.

 Rules in imposing a penalty:

When penalty is When penalty is

imposed by RPC: imposed by Special
Penal Law:
Maximum Term – is that Maximum term – must
which in view of the not exceed the maximum
attending circumstances term fixed by said law.
could be properly
imposed under the RPC.
 CRIMINAL LAW REVIEW

Minimum Term – is
within the range of the Minimum term – must not
penalty next lower to that be less than the minimum
prescribed by the RPC. term prescribed by the
same.

 The benefits of parole or indeterminate sentence are not

applicable to the following:

1. Treason, conspiracy or proposal to commit treason,

misprision of treason, rebellion or sedition, espionage or
piracy;
2. Habitual delinquents;
3. Those who have escaped from confinement or evaded
sentence;
4. Those who violated the terms of conditional pardon;
5. Penalty of imprisonment, the maximum term of which
does not exceed one year;
6. Death penalty or life imprisonment; or reclusion
perpetua;
7. Use of trafficked victim
 CRIMINAL LAW REVIEW

Three-Fold Rule

 Simultaneous Service –
- When the culprit has to serve two or more penalties,
he shall serve them simultaneously if the nature of
the penalties will so permit.

 Successive Service –
- Imprisonments cannot be served simultaneously by
reason of their nature. Thus, a convict must serve
them successively.
- A convict must serve multiple penalties
successively:
o Where the penalties to be served are
destierro and imprisonment; and
o Where the penalties to be served are
imprisonments
- Under this system, the maximum duration of a
culprit’s confinement shall not exceed three times
the most serious of the penalties imposed upon him,
but shall not in any case exceed 40 years.

 Three-fold Rule –
- In serving multiple sentences the period of
imprisonment that a convict must serve neither be
 CRIMINAL LAW REVIEW

more than 40 years nor exceed three-fold the length

of time corresponding to the most severe of the
penalties imposed upon him.
- Example:
o Accused is convicted of 11 counts of unjust
vexation and sentenced to suffer in each
case 11 days of arresto menor. Applying
three-fold rule, accused will merely serve
33 days of imprisonment and not 121 days.

 Rule if the culprit has to serve 2 or more penalties

(Article 70, RPC) –
- If the culprit has to serve 2 or more penalties, he
shall serve them simultaneously if the nature of the
penalties will so permit.
- Otherwise, the penalties shall be served
successively on the order of their severity as
follows:

a. Death
b. Reclusion perpetua
c. Reclusion temporal
d. Prision mayor
e. Prision correccional
f. Arresto mayor
g. Arresto menor
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h. Destierro
i. Perpetual absolute disqualification
j. Temporary absolute disqualification
k. Suspension from public office, the right to vote
and be voted for, the right to follow profession
or calling
l. Public Censure

Subsidiary Imprisonment

- Under Article 39 of the RPC, as amended by RA

10159, if the convict has no property with which to
meet the fine, he shall be subject to a subsidiary
personal liability at the rate of one day for each
amount equivalent to the highest minimum wage
rate prevailing in the Philippines at the time of the
rendition of judgment of conviction by the trial
court.

 Subsidiary Penalty –
- No subsidiary penalty is imposed for non-payment
of –
o The reparation of the damage caused;
o Indemnification of the consequential
damages; and
o The costs of the proceedings.
 CRIMINAL LAW REVIEW

- It is not an accessory penalty. It is a penalty

imposed upon the accused and served by him in lieu
of the fine which he fails to pay on account of
insolvency.

 Imposition of Subsidiary Penalty –

1) When there is a principal penalty of imprisonment or any

other principal penalty and it carries with it a fine; or
2) When penalty is only a fine.

E. Accessory Penalties

 Accessory Penalties that are inherently attached to

principal penalties:

1. Death when not executed by reason of commutation or

pardon shall carry with it:
A. Perpertual Absolute Disqualification
B. Civil Interdiction during the first 30 years following
the date of the sentence.

2. Reclusion perpetua and reclusion temporal shall carry

with it:
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A. Civil Interdiction for life or during the period of the

sentence.
B. Perpetual Absolute Disqualification which shall still
served even if the principal penalty has been
pardoned, unless when the same has been expressly
remitted in the pardon.

3. Prision mayor shall carry with it:

A. Temporary Absolute Disqualification
B. Perpetual Special Disqualification of the right to
suffrage which the offender shall suffer even if the
principal penalty has been pardoned, unless the
same has been expressly remitted in the pardon.

4. Prision correccional shall carry with it:

A. Suspension from public office and the right to
practice a profession or calling.
B. Perpetual Special Disqualification from the right of
suffrage if the duration of the imprisonment shall
exceed 18 months, which shall be suffered even if
the principal penalty has been pardoned, unless the
same has been expressly remitted in the pardon.

5. Arresto shall carry with it suspension of the right to hold

public office, and the right of suffrage during the term of
the sentence.
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F. Execution and Service

 Instances or situations in criminal cases wherein the

accused can be granted a suspended sentence are as
follows:

1. Where the accused became insane before sentence could

be promulgated;
2. Where the offender is placed under probation;
3. Where the offender needs to be confined in a
rehabilitation center because of drug-dependency
although he committed the crime of use of dangerous
drugs in accordance with Section 54 of RA 9165;
4. Where the offender is a child in conflict with the law
entitled to automatic suspension of sentence under
Section 38 of RA 9344.

PD No. 968 – Probation Law

RA No. 9344 – Juvenile Justice and Welfare Act

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CRIMINAL AND CIVIL LIABILITIES

EXTINCTION OF CRIMINAL LIABILITY

TOTAL EXTINCTION OF CRIMINAL LIABILITY

Article 89. How criminal liability is totally extinguished. -

Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal

penalties and as to pecuniary penalties, liability therefor
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is extinguished only when the death of the offender

occurs before final judgment.

2. By service of the sentence;

3. By amnesty, which completely extinguishes the

penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided

in Article 344 of this Code.

Article 90. Prescription of crime. - Crimes punishable by death,

reclusion perpetua or reclusion temporal shall prescribe in
twenty years.

Crimes punishable by other afflictive penalties shall prescribe in

fifteen years.
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Those punishable by a correctional penalty shall prescribe in ten

years; with the exception of those punishable by arresto mayor,
which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one

year.

The crime of oral defamation and slander by deed shall prescribe

in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest

penalty shall be made the basis of the application of the rules
contained in the first, second and third paragraphs of this article.
(As amended by RA 4661, approved June 19, 1966).

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.
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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, in twenty years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the

exception of the penalty of arresto mayor, which
prescribes in five years;

4. Light penalties, in one year.

Article 93. Computation of the prescription of penalties. - The

period of prescription of penalties shall commence to run from
the date when the culprit should evade the service of his
sentence, and it shall be interrupted if the defendant should give
himself up, be captured, should go to some foreign country with
which this Government has no extradition treaty, or should
commit another crime before the expiration of the period of
prescription.
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Chapter Two
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 serving his sentence.

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.

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.
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Article 97. Allowance for good conduct. - The good conduct of

any prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence:

1. During the first two years of his imprisonment, he

shall be allowed a deduction of five days for each month
of good behavior;

2. During the third to the fifth year, inclusive, of his

imprisonment, he shall be allowed a deduction of eight
days for each month of good behavior;

3. During the following years until the tenth year,

inclusive, of his imprisonment, he shall be allowed a
deduction of ten days for each month of good behavior;
and

4. During the eleventh and successive years of his

imprisonment, he shall be allowed a deduction of fifteen
days for each month of good behaviour.

Article 98. Special time allowance for loyalty. - A deduction of

one-fifth of the period of his sentence shall be granted to any
prisoner who, having evaded the service of his sentence under the
circumstances mentioned in Article 58 of this Code, gives himself
up to the authorities within 48 hours following the issuance of a
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proclamation announcing the passing away of the calamity or

catastrophe to in said article.

Article 99. Who grants time allowances. - Whenever lawfully

justified, the Director of Prisons shall grant allowances for good
conduct. Such allowances once granted shall not be revoked.

CIVIL LIABILITY
PERSON 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.

Article 101. Rules regarding civil liability in certain cases. - The

exemption from criminal liability established in subdivisions 1, 2,
3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this
Code does not include exemption from civil liability, which shall
be enforced subject to the following rules:

First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil

liability for acts committed by an imbecile or insane person, and
by a person under nine years of age, or by one over nine but
under fifteen years of age, who has acted without discernment,
shall devolve upon those having such person under their legal
authority or control, unless it appears that there was no fault or
negligence on their part.
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Should there be no person having such insane, imbecile or minor

under his authority, legal guardianship or control, or if such
person be insolvent, said insane, imbecile, or minor shall
respond with their own property, excepting property exempt from
execution, in accordance with the civil law.

Second. In cases falling within subdivision 4 of Article 11, the

persons for whose benefit the harm has been prevented shall be
civilly liable in proportion to the benefit which they may have
received.

The courts shall determine, in sound discretion, the

proportionate amount for which each one shall be liable.

When the respective shares cannot be equitably determined, even

approximately, or when the liability also attaches to the
Government, or to the majority of the inhabitants of the town,
and, in all events, whenever the damages have been caused with
the consent of the authorities or their agents, indemnification
shall be made in the manner prescribed by special laws or
regulations.

Third. In cases falling within subdivisions 5 and 6 of Article 12,

the persons using violence or causing the fears shall be primarily
liable and secondarily, or, if there be no such persons, those
doing the act shall be liable, saving always to the latter that part
of their property exempt from execution.
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Article 102. Subsidiary civil liability of innkeepers, tavernkeepers

and proprietors of establishments. - In default of the persons
criminally liable, innkeepers, tavernkeepers, and any other
persons or corporations shall be civilly liable for crimes
committed in their establishments, in all cases where a violation
of municipal ordinances or some general or special police
regulation shall have been committed by them or their
employees.

Innkeepers are also subsidiarily liable for the restitution of goods

taken by robbery or theft within their houses from guests lodging
therein, or for the payment of the value thereof, provided that
such guests shall have notified in advance the innkeeper himself,
or the person representing him, of the deposit of such goods
within the inn; and shall furthermore have followed the
directions which such innkeeper or his representative may have
given them with respect to the care and vigilance over such
goods. No liability shall attach in case of robbery with violence
against or intimidation of persons unless committed by the
innkeeper's employees.

Article 103. Subsidiary civil liability of other persons. - The

subsidiary liability established in the next preceding article shall
also apply to employers, teachers, persons, and corporations
engaged in any kind of industry for felonies committed by their
servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.
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WHAT CIVIL LIABILITY INCLUDES

Article 104. What is included in civil liability. - The civil liability

established in Articles 100, 101, 102, and 103 of this Code
includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.

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.

The thing itself shall be restored, even though it be found in the

possession of a third person who has acquired it by lawful
means, saving to the latter his action against the proper person,
who may be liable to him.

This provision is not applicable in cases in which the thing has

been acquired by the third person in the manner and under the
requirements which, by law, bar an action for its recovery.
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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. - Indemnification

for consequential damages shall include not only those caused
the injured party, but also those suffered by his family or by a
third person by reason of the crime.

Article 108. Obligation to make restoration, reparation for

damages, or indemnification for consequential damages and
actions to demand the same; Upon whom it devolves. - The
obligation to make restoration or reparation for damages and
indemnification for consequential damages devolves upon the
heirs of the person liable.

The action to demand restoration, reparation, and

indemnification likewise descends to the heirs of the person
injured.

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.
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Article 110. Several and subsidiary liability of principals,

accomplices and accessories of a felony; Preference in payment.
- Notwithstanding the provisions of the next preceding article, the
principals, accomplices, and accessories, each within their
respective class, shall be liable severally (in solidum) among
themselves for their quotas, and subsidiaries for those of the
other persons liable.

The subsidiary liability shall be enforced, first against the

property of the principals; next, against that of the accomplices,
and, lastly, against that of the accessories.

Whenever the liability in solidum or the subsidiary liability has

been enforced, the person by whom payment has been made shall
have a right of action against the others for the amount of their
respective shares.

Article 111. Obligation to make restitution in certain cases. - Any

person who has participated gratuitously in the proceeds of a
felony shall be bound to make restitution in an amount equivalent
to the extent of such participation.

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

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Article 112. Extinction of civil liability. - Civil liability

established in Articles 100, 101, 102, and 103 of this Code shall
be extinguished in the same manner as obligations, in
accordance with the provisions of the Civil Law.

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.