CRIMINAL LAW

BOOK 1
A personal reviewer submitted in
fulfillment of QUIZ 3

DECEMBER 7, 2022
SAINT LOUIS UNIVERSITY SCHOOL OF LAW
Submitted to: Pros. Bernard Allan Angeles
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

Note: A personal type-written reviewer. Book 1 Criminal

Law 1.

Eds 2022 SOL-1A

THEORIES & PHILOSOPHIES IN CRIMINAL
LAW
Classical Theory
➢ Based on the assumption that man
BOOK 1 CRIMINAL LAW as an intellectual being knows what
is right from wrong
➢ Punishable by retribution
Positivist Theory
DEFINITIONS: ➢ Man is good, but because of social,
economic, and natural
1. Criminal law circumstances. Man is compelled
➢ Branch of law which defines to commit a violation
crimes, treats of their nature and ➢ Punishable by Reformation
provides for their punishment. o Ex. Probation Law.
2. Crime Eclectic Theory
➢ An act or omission punishable ➢ A combination of classical and
under the RPC positive theory
3. Felony ➢ Philippine setting
Crimes that are punishable under
the RPC Limits to Power of Law Making Bodies
4.Offense i. No ex post facto law
Crimes punished under the special ii. or a Bill of Attainder
law
5. Infraction 1. Bill of Attainder
Crimes punished under an ordinance A bill of attainder is a legislative
act which inflicts punishment without trial. Its
*All crimes are felony and offense, but not essence is the substitution of a legislative act
all offense are crimes. for a judicial determination of guilt.
*Any law is a congressional act
CASE: People vs Apolonio Carlos
SOURCES OF CRIMINAL LAW
➢ The Revised Penal Code (Act. IS CA 682 a bill of attainder?
3815) Yes. It virtually imposes upon specific, known
➢ Special Penal laws and identified individuals or group of
➢ Codigo Penal (Spanish Penal individuals, the penalty of detention and
Laws) imprisonment for a period not exceeding six
➢ American Penal Laws months without any form of judicial trial or
➢ Presidential Decrees issued during procedure.
Martial Law

1|Page
PERSONAL REVIEWER CRIMINAL LAW 1
2. Ex post facto Law (prejudicial to the
accused)
1. Makes criminal an act done before the
passage of the law which was innocent when
done and punishes such an act.
2.Aggravates a crime or make it greater
than it was when committed
3. Changes a punishment and inflicts a
greater punishment than the law annexed at
the time when committed
4. Deprives a person accused of a crime
some lawful protection to which he has
become entitled, such as the protection of a
former conviction or acquittal, or a
proclamation of amnesty
Characteristics of Criminal Law
1. GENERALITY
> Penal Laws are obligatory on all
persons who live or sojourn in the
Philippine territory, regardless of
nationality, gender, or other personal
characteristics, subject to the
principles of public international law
and to treaty stipulations (Art 14, Civil
Code)
3 exceptions to Generality:
1. Public International Law
➢ Applies if it is covered by the
general principles of public
international law.
➢ Also referred to as
Peremptory norms of general
international law or Jus Cogens
2. Application (certain classes of
People)
Diplomatic corps – Blanket
immunity
READ CASE: ESTRADA VS. DISIERTO
2|Page
eds2022
Consuls – Function related
immunity only
Exception:
If there is a Treaty Stipulation
between the mother country of
the consul and the host country,
stating that the said consul shall
be immune from the criminal
jurisdiction of the host country,
only then will a consul enjoy
diplomatic immunity from suit.
• Sovereigns and other heads of state
• Charges d’ affaires
• Ambassadors
• Ministers
• Minister Resident
• Plenipotentiary
• Attaches
3. Treaty (between states)
➢ International agreement concluded
between States.
➢ Except as provided in the treaties
or laws of preferential application
(Art 2).
➢ Subject to the principles of public
international law and to treaty
stipulations (Art 14, Civil Code)
Ex. Visiting Forces Agreement (VFA) is an
agreement between the Philippine and US
4. Cases covered by Laws of
Preferential Application
Covers only Certain Classes of
People
EXAMPLE:
RA No. 75 offenses committed by United
States personnel. (Expands the general
principle of international law adding
“Reciprocity”)
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

➢ Exception of RA 75:
2.TERRERITORIALITY:
1.If the offense was committed solely against
the property or security of the United States. ➢ Criminal laws undertake to punish
2.If the offense was solely against the crimes committed within Philippine
property or person of United States territory. The principle of territoriality
personnel. means that as a rule, penal laws of
3. If the offense arose out of any act or the Philippines are enforceable only
omission done in performance of official duty. within its territory.
RA No.75 may be considered a law of
preferential application in favor of diplomatic 1. Crimes committed within the Philippines
representatives and their domestic servants. or against a government facility of the
CASE: Marbela Bobis vs. Bobis Philippines abroad, including its
PD 1083 embassy, diplomatic or consular
➢ A decree to ordain and promulgate a premises regardless of the location of
code recognizing the system of the perpetrator or when the effects
Filipino muslims, codifying muslim happen in these places;
personal laws and providing for its
administration and for other ➢ It also covers those committed in an
purposes. aircraft, ship or vessel of
➢ A law of preferential application Philippine registry or in an aircraft,
THE REVISED PENAL CODE ship or vessel
(Act No. as amended) originating from, passing through or
AN ACT REVISING THE PENAL CODE AND OTHER destined for the Philippines;
PENAL LAWS Protection
Article1
A r t i c l e 1. Time when Act takes effect. — Thi s Co d e sha l l 2. Crimes committed outside the
ta k e effect o n th e f i r s t da y o f J a n u a r y , n i n e t e e n h u n d r e d an d
t h i r t y - two . Philippines against any Philippine
citizen, or entity registered in the
Article 2 Philippines, if committed against
Except as provided in the treaties and laws of preferential
application, the provisions of this code shall be enforced not
national security or interest or
only within the Philippine archipelago, including its atmosph punishable by level 4 or higher crime,
ere, its internal waters and maritime zone, but also outside o unless punishable in the place where the
f its jurisdiction, against those who:
(1) Should commit an offense while on a Philippine ship or ai crime is committed.
rship; With regards foreign ships:
(2) Should forge or counterfeit any coin or currency note of th
➢ the Philippines follows - English Rule
e Philippine Islands or obligations and securities issued
by the government of the Philippine Islands;
French Rule – crimes are not triable unless
(3) Should be liable for acts connected with the introduction i they affect the peace and security of the
nto these Islands of the obligations and securities mentione territory or the state.
d in the preceding number;
(4) While being a public officers or employees, should commi
English Rule – crimes are triable unless it is
t an offense in the exercise of their functions; or a vessel
(5) Should commit any of the acts against national security a
nd the law of nations, defined in title one of book two of this
code

3|Page
PERSONAL REVIEWER CRIMINAL LAW 1
Note:
Absolutely no jurisdiction over foreign war
ships
Note: Read on UNCLOS for the Dimensions of the
Philippine (National) Territory
Territorial waters- all waters seaward of
12NM distant from the archipelagic baseline
over which Philippines exercises Jurisdiction
International law rules – regarding crimed
aboard a foreign merchant vessel with in the
12NM territorial waters
➢ French rule- Flagstate
➢ English rule- Territorial water- PH
adheres That is why Art.2 was framed
as such
➢ UNCLOS
Exception of territoriality:
1.Forging/ counterfeiting any coins or
currency in the Philippines
> 𝑁𝑜𝑡𝑒: if the forging and counterfeiting
were done in a foreign country, the offender
can be prosecuted before the PH courts.
Philippine laws will apply because of the
extraterritorial application of the RPC under
the second and third paragraph.
2.Function related Crimes
> 𝑁𝑜𝑡𝑒: This refers to public officers and
employees of PH government who are
working in another country. Even if they are
assigned in a foreign territory since they are
public officers of the government, if in the
said country they commit a crime in the
performance of their official functions they
can be prosecuted before Philippine court.
4|Page
eds2022
> The crime committed by the public officers
or employees must be in connection with the
exercise of their functions.
>They can be prosecuted in PH courts.
NOTE: But if the crime committed is not in
any way connected with the exercise of their
functions, they should be prosecuted in the
courts where they are assigned. Because
although they are public officers or
employees of the Philippine government they
acted in their private capacity.
3.National Security
Ex. Crimes Against National Security
1. Art. 114 – Treason;
2. Art. 115 – Conspiracy and proposal to
commit treason;
3. Art. 116 – Misprision of treason;
4. Art. 117 – Espionage;
5. Art. 118 – Inciting to war or giving motives
for reprisals;
6. Art. 121 – Flight to enemy’s country;
Crimes against Law of Nations (Piracy,
Qualified piracy, Mutiny and Qualified
mutiny)
7. Art 122 – Piracy in general and mutiny on
the high seas or in Philippine waters; and
8. Art. 123 – Qualified piracy If any of these
crimes is committed, even if done outside the
Philippine archipelago, the offender can be
prosecuted before the Philippine courts.
4. Crimes of international Laws
ex. PIRACY
CASE:
People vs Lol-lo and Saraw GR17958
Can Lol-lo and Saraw be charge before the
Philippine courts despite the crime having
been committed outside the Philippines?
PERSONAL REVIEWER CRIMINAL LAW 1
Yes. (Crime_PIRACY)
1. Crime of Piracy is an international law
2. Hostes humani generis
➢ Not against a particular state but
against all mankind.
Additional note: If they were
caught in the country where they
committed piracy, they will be
tried there
➢ The Jurisdiction of Piracy has no
territorial limits.
➢ (Art. 153-156 RPC)
3. PROSEPECTIVITY
➢ A penal law cannot make an act
punishable in a manner in which
it was not punishable when
committed. (Law is not
RETROACTIVE)
➢ As provided in Article 366 of the
Revised Penal Code, crimes are
punished under the laws in force
at the time of their commission.
Exception:
1. Where the new law is expressly made
inapplicable to pending actions or
existing causes of action. (Tavera vs.
Valdez, 1 Phil. 463 , 470-471)
2. Where the offender is a
habitual offender under Rule 5,
Article 62 , Revised Penal Code. (Art.
22, RPC)
REPEAL OF PENAL LAW:
1. If the repeal makes the penalty
lighter in the new law, the new
5|Page
eds2022
law shall be applied, except
when the offender is a habitual
delinquent or when the new law
is made not applicable to
pending action or existing
causes of action.
2. If the new law imposes a heavier
penalty, the law in force at the
time of the commission of the
offense shall be applied.
3. If the new law totally repeals the
existing law so that the act which
was penalized under the old law
is no longer punishable, the
crime is obliterated.
Case: Ophelia Hernan Vs. Sandiganbayan
Gr217874
Can RA 1095 have a retroactive effect?
➢ Yes
➢ It has an effect to those accused
and who have been convicted
➢ RA 1095 is a law adjusting the
amount or value of property
damage on which the penalty is
imposed.
➢ REPEALED LAW (old law)
➢ REPEALING LAW (new law)
➢ REPEAL TO THE REPEALING
LAW (Newer)
Notes:
Express repeal:
➢ Subsequently law contains a
provision that such law repeals
and earlier law
➢ Repeal of the repealing law
cannot revive the old law
PERSONAL REVIEWER CRIMINAL LAW 1
Implied repeal:
➢ New law pertaining to a subject
matter is passed but its provisions
are inconsistent with the old new
➢ Repeal of the repealing law will
revive the first law
CONSTRUCTION OF PENAL LAWS:
Pro reo- when in doubt , interpret infavor of
the acused
Equipoise- when evidence is equal for the
prosecution and accused, rule in favor of the
accused
➢ In case of conflict between the
English text and Spanish text- the
latter prevails
➢ Void for Vagueness- if terms are
vage and incomprehinsible to an
ordinary person, courts may
declare statute as void
Sec 68 of R.A. 9344
➢ Expressly provides retroactive
application to minors without
condition
GENERAL RULE ILLUSTRATION:
RA 1 enacted Feb.16,2020
-A can only be convicted when a commited
the crime
RA 2 was enacted Jan 1 , 2021
RA 2 increased the penalty of the Act
covered in RA1
➢ RA 2 cannot be made applicable
to As act on Feb 2020. Reason
(Prospectivity)
➢ The law must look forward
likewise, if RA2 were to be made
applicable to A, the same would
constitute an ex post facto LAW
6|Page
eds2022
EXCEPTION ILLUSTRATION:
RA 1 was enacted Jan 1 , 1994
A violated RA 1 on Feb 16, 2020.
A can only be convicted for RA1, it being
the law in effect when the crime was
committed.
➢ RA 2 was enacted on Jan1 2021
which decreased the penalty of
the Act covered under RA1
➢ RA 2 can be made applicable to
the crime of A committed in Feb
2020
➢ This is because the law is
favorable to the accused
provided that A is not a habitual
delinquent under the
contemplation of law
ILLUSTRATION: (Habitual Delinquent and
prospectivity )
EXCEPTION TO THE EXCEPTION
Sample Case:
RA1 was enacted Jan 1 1999
A – a habitual delinquent violated RA1 on
Feb 16, 2020 therefore A can only be
convicted on the crime under RA 1 it being
the Law when the crime was committed
Now, RA 2 was enacted Jan 1, 2021
RA 2 decreased the penalty of the act under
RA1
➢ Ra2 cannot be made applicable
to the crime of A committed on
Feb. 2020 this is because while
the law is favorable to the
accused, A is a habitual
delinquent. He is therefore
disqualified from the benefits of
RA2
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

CHAPTER 2
Article 3 . Definition. — Acts and omissions ➢ Characterized by the presence of
punishable by law are felonies (delitos). malice
Felonies are committed not only by means of Intent Defined: The purpose to use
deceit but also by means of fault (culpa). particular means to achieve and
objective. It is Presumed from the
There is deceit when the act is performed commission of an unlawful act.
with deliberate intent; and there is fault when the
DOLO REQUISITES:
wrongful act results from imprudence, negligence,
lack of foresight, or lack o f skill. 1. Freedom
2. Intelligence

FELONY: 3. Intent
An act or omission punishable While doing the Act/omission
under the revised Penal Code
DOLO-MENS REA AND ACTUS
Elements of Felonies: REA
1. Act/omission Mens rea- wrongful criminal intent
2. The act or omission is punishable Actus rea- wrongful act in furtherance
under the Revised Penal Code of a criminal intent
3. Committed by means of Dolo/Culpa MENS REA + ACTUS REA = INTENTIONAL
FELONY
 First Requisite:
➢ There must be an act or omission. EX.
“Act” 1. A wanting to kill B for some time due
>Any bodily movement tending to produce s to their land dispute (Mens rea) shot
ome effect in the external world. Must be the later in the land (actus rea)
defined as a felony in the RPC 2. A wanting to steal iphone due to
“Omission” increased demand (actus rea)
>Failure to perform a positive duty which Stole Bs iphone 13 pro Max (Actus
one is obliged by law to do. rea)
Second Requisite: The act/omission is 3. A having desire over Bs private
punishable under the RPC part(mens rea) touched Bs
-Punishable by LAW buttocks(actus rea)
“Nullum crimen nulla poena sine lege” DOLO Criminal intent
There is no crime when there is no law 2 Categories
punishing it. 1. General criminal intent- Presumed
from the mere doing of wrongful act,
Third Requisite: Act or omission is it does not require proof
committed by means of DOLO/CULPA 2. Specific criminal intent – Not
1. Intentional Felonies (Dolo) presumed because it is an
➢ Person causes injury, with intent to element/ingredient of a crime
cause an evil (Proven by prosecution)

7|Page
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

Example:
MALA INSE MALA PROHIBITA
Theft- Intent to gain Liability based on Liability based on
Attempted or Frustrated homicide- trait commision of prohibited act
intent to kill (not applicable to Good faith a Good faith is not a defense
consummated -when a victim dies defense
intent to kill is conclusively presumed Degree of Punished only when
so it need not to be proven) accomplishment consummated
considered
Mitigating and Not considered
Mala in se and Mala prohibita
Aggravating
Circumstances
General rule: taken into account
Generally , crimes Generally found in special
Mala in se: under RPC laws
1. There must be a criminal intent
2. Wrongful from its nature
3. Punishable by RPC General Rule:
4. Acts are inherently immoral and ➢ Crimes punishable under special
Good faith is a defense. laws are mala prohibita; thus good
faith is not a defense
Mala Prohibita: ➢ EXCEPTION TO THE GENERAL
1. Wrongful act because it is punishable RULE
or prohibited by a statute +Where the act being punished
2. Violation of special laws/ordinances under the special law is inherently
3. Punishable only because there is a evil.
special law punishing the act E.I. > Plunder
4. Criminal Intent is present good faith is > Election offense (dagdag
not a defense. bawas)
> planting of drug evidence
Motive: when relevant and when not need to
(Sec 29 RA 9165)
be established
➢ Not an essential element of a crime;
➢ Other provisions of RA 7610
need not be proven for purposes of
Generally treated as mala prohibita
a conviction.
except:
➢ Even a strong motive cannot take
Carnapping
the place of proof beyond
Trafficking in persons are treated as
reasonable doubt.
mala inse.
➢ Good motives do not prevent an act
from becoming a crime
CASES EXAMPLE: (LECTURE)
1. Batas Pambansa Blg 22 punishes the
o Example:
issuance of a bum check. A case for
BP 22 was filed against Ester, who
Mercy Killing
issue a bum check, Ester Claimed

8|Page
PERSONAL REVIEWER CRIMINAL LAW 1
that she had no intent to financially
prejudice her creditor as the chek
was only for the security of her debt
and she acted in good faith as she
claims.
ANSWER: Ester is wrong. It is
gravemen of BP 22 the issuance of
bumcheck. It is a special law that
penalizes the mere act of issuing a
bum check.
As a special law this is mala prohibita
And good faith is not a defense.
2. Plunder is punishable under RA 7659
RA are special laws does it not follow
that this is mala prohibita?
No.
The legislative declaration of RA
7659 that plunder is a heinous
offense implies that it is mala inse.
Plunder itself is inherently wrong or
immoral (ESTRADA VS.
SANDIGANBAYAN, GR 148560)
Are all crimes punishable under special
law considered as mala prohibita?
➢ NO
General rule: Crimes punishable
under special laws are mala
prohibita, thus good faith is not a
defense
EXCEPTION:
➢ Plunder
➢ Election offense
➢ Planting of Drug evidence
(RA9165)
➢ Child abuse (sec 10 of RA 7610)
➢ Carnapping
➢ Trafficking persons
9|Page
eds2022
All inherently evil can be treated as mala
inse.
NOTE: Generally defense of good faith does
not apply on violation of special law. Are
there certain instances where said defense
can be raised in special law?
➢ Note: Charges in RPC are separate
and distinct from special law.
ANSWER:
Yes, if > The wrong of the crime being
described in a special law imply that intent
is an element of the crime
Example:
Sec 3 of RA 3019 – Causing any undue
injury to any party, including the government
or giving any private party any unwarranted
benefits advantage or preference in the
discharge of his official or administrative or
judicial funtions through manifest partiality,
evident bad faith or gorss inexcusable
negligence.
TIP: if the special law uses term, knowingly,
willingly, or with intent or like terms
➢ If the special law is inherently wrong
i.e. Plunder
➢ Technical malversion
QUESTION:
If a single act is considered as a violation of
a felony under RPC and at the same time all
offense under a special law can the actor be
convicted for both?
Yes, double jeopardy will not set in because
a violation of a special law is malum
prohibitum while a felony in RPC is mala
inse.
PERSONAL REVIEWER CRIMINAL LAW 1
2 Kinds of Felony
1.INTENTIONAL FELONIES
1.Act is performed with deliberate intent
(Malice)
INTENT-Use of particular means to bring
about a desired result
2.Offender has intention to cause damage
to the person, property of right of the other
Elements (CiFI)
1. Criminal intent on the part of the offender
2. Freedom of action in doing the act on the
part of the offender
3. Intelligence of the offender
➢ Is an intentional felony a voluntary
act?
➢ An intentional felony is a voluntary
act because it is committed by
means of deliberate intent. The
offender knowingly, willfully and
voluntarily committed the act.
2.CULPA/CULPABLE FELONIES
Arise from:
1. Imprudence
➢ Deficiency in action
➢ Failure to take necessary precaution
to avoid injury or damage
➢ Lack of Skill
2. Negligence
➢ Deficiency in perception
➢ Failure to pay proper attention and
use diligence in foreseeing injury or
damage, impending to be cause
➢ Lack of foresight
➢ Lack of skill
10 | P a g e
eds2022
CULPA REQUISITES:
1.Criminal negligence on the part of the
offender
2.Fredom of doing the action
>voluntary but without malice
3.Intelligence on the part of the offender in
performing the negligent act
NOTE: Both Intentional and culpable
felonies are voluntary for the reason of:
1. Man has freewill
2. Man is a rational being who can
distinguish between good and evil.
(man is born with common sense)
3. Crimes Punishable by special
Laws
HONEST MISTAKE OF FACT:
Requisites:
1. The act done would have been
lawful had the facts been as the
accused believed them to be
2. The intention of the accused
performing the act is lawful
3. Mistake must be without fault or
carelessness on the part of the
accused.
(Shortcut-LIW_req)
CASES:
In Lectures:
1. Honest Mistake of Fact
Achong And Oanis Case:
➢ Achong acquitted because
the immediacy of the moment
called for Achong to act
immediately
➢ Oanis was convicted for the
reason that the act was
unjustified. He had ample
time and opportunity to
ascertain the sleeping
PERSONAL REVIEWER CRIMINAL LAW 1
persons identity without fear
of bodily harm on his part.
People Vs Ramirez:
Three persons were hunting for
deer’s . Ramirez saw a pair of eyes
and thought they belong to a deer.
Shot the eyes which turned out it
belonged to his companion.
HELD: Ramirez was negligent
He should have verified
Not under honest mistake of fact rule.
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.
Felonious act principle:
Whether the result is foreseen/unforeseen,
intended/unintended, The actor is liable for
the DIRECT, NATURAL, and LOGICAL
consequences of his felonious act.
FELONY=DNL
(Article 4 paragraph 1 (2nd clause)
Wrongful act which the felon intended:
Situations Contemplated:
1. Error in personae
11 | P a g e
eds2022
>Mistake in the identity of the Victim
>Criminal intent is present it just so
happened that criminal design was
executed to a wrong person different
from who the actor intended
PENALTY- Art 49
➢ NOTE: The act must arise from
DOLO in order for the actor to be
liable for the Direct, Natural and Logical
consequences of the Felony.
Error in Personae Illustration
➢ On a dark night A and B were having
verbal altercation on their windows.
B got the best of exchange and this
infuriated A.
➢ B is the intended victim
➢ But A shot C, the son of B
Therefore, A is criminally liable specifically
the crime is Homicide. As homicide bears a
lesser penalty than parricide. However,
penalty for homicide in its maximum period.
2. Aberratio ictus
>Mistake in the blow
>Offender is intending to do an injury
inflicts it on another person
>Actor zeroed in the target
>3 persons involved- Actor, victim,
actual victim
≥Multiple acts- actor is liable for as
many crimes that arose in his
felonious act
Penalty: Art. 48 (graver offense in its
max. period)
➢ If multiple acts was performed, actor
is liable for as many crimes that
arose in his felonious act.
PERSONAL REVIEWER CRIMINAL LAW 1
Aberratio Ictus Illustration:
1. A with intent to kill B hacked B
with his bolo. But as a result of Bs
evasion from death A swing hit
C - died.
➢ A is liable to the injuries sustained by
B and C’s death.
Note: A’s intent to kill B was transferred to C
as intent to kill is conclusively presumed if
the victim dies. However since A performed
a single act he is liable for the crime of
homicide and attempted homicide . Penalty
graver for the offense is homicide and must
be imposed in its maximum period.
Illustration 2
➢ A with intent to Kill B shot B with
snipper riffle. The same bullet hit
the neck of C who was merely
injured.
➢ A is liable to Bs death and injuries
sustained by C.
➢ Specifically, homicide and
attempted homicide/physical injury
➢ Penalty graver for the offense is
homicide which is imposed in its
maximum period.
Aberratio ictus note:
➢ If the third person dies, intent to kill
is conclusively presumed. (People
vs Adriano Gr205226)
➢ If the third person merely suffered
injuries then there is intent to kill ,
crime committed is attempted or
frustrated homicide or murder.
12 | P a g e
eds2022
Intent to kill the third person can be
established if the accused is aware
of hitting others in the process of
killing the target victim
(People vs Julio Guillen GRL1477; People
vs. Talampas GR180219)
3. Praeter Intentionem
➢ Blow went beyond intended and
Unintentional
(Lack of intent to commit so grave a
wrong -Article 13(3),RPC)
There is criminal intent but result
of the felonious act is graver than that
what was intended by the offender.
There must be a FELONIOUS ACT,
absence of a felonious act = no
criminal liability
➢ Penalty: Mitigating circumstance
Art.13
ILLUSTRATION:
1. A only wanted to teach B a lesson
A pushed B. The latter lost his
balance and hit the pavement. B died
➢ A is liable for homicide imposed in its
minimum period
INTENTIONAL FELONIES:
Wrongful act be different from
that intended. PRAETER
INTENTIONEM(Cont.)
ILLUSTRATION:A caught B
stealing mangoes from the
mango tree. A threathened B . B
He fell and died .
PERSONAL REVIEWER CRIMINAL LAW 1
Answer:
A is not liable. Threat to spank is an
exercise of right of self-help. (1986
Bar)
4. Doctrine of Proximate Cause
2. Active force, distinct act, or
fact absolutely foreign from
the felonious act of the
accused, which serves as an
efficient intervening cause.
3. Resulting injury or damage is
due to the intentional act of
the victim.
Note:
Proximate cause does not require that
the offender needs to actually touch the
body of the offended party. It is enough
that the offender generated in the mind
of the offended party the belief that
made him risk himself.
• Requisite for Presumption
• blow was cause of the death
• Where there has been an
injury inflicted sufficient to
produce death followed by the
demise of the person, the
presumption arises that the
injury was the cause of the
death.
• Provided:
1. victim was in normal health
2.
13 | P a g e
eds2022
death ensued within a
reasonable time
Efficient intervening cause:
➢ Are not produced by a
wrongful act or omission but
independent on it and
adequate to bring an
injurious result
➢ Efficient cause of Death
➢ Blow accelerated death
Case example:
A punched B. As punched was so strong
that B was hospitalized. At the hospital, B
suddenly went comatose and died.
Proximate Cause- A’s punch proximate
cause of death
Instilling fear rule:
➢ If a man creates in another’s
man mind an immediate
sense of danger which
causes such person to try to
escape and in doing so
injures himself the man who
creates such state of mind is
responsible.
➢ (FELONY-DNL)
Remember:
Article 4 Paragraph 2. By any person performing
an act which would be an offense against persons
or property, were it not for the inherent
impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual
means.
PERSONAL REVIEWER CRIMINAL LAW 1
Requisites of IMPOSSIBLE CRIME
1. Act would have been an
offense against persons or
property
2. Act is not an actual violation of
another provision of the Code
or of a special penal law
3. There was criminal intent
4. Accomplishment was
inherently impossible; or
inadequate or ineffectual
means were employed.
Example:
1. A wanting to kill B bought a poison, put it
into the drink of B, but turned out the poison
he bought was a milk. B did not die but A is
liable for Impossible crime.
2. X wanted to kill B. When he passed by the
house of B, he saw B lying on the bench in
the garden of the house. X entered the house
without permission and stabbed B.
Unknown to X, B had long been dead for 2
hrs. What crime if any is committed by X?
The act of X, stabbing B would have
amounted to murder because B was totally
defenseless. It is a crime against persons.
It was done with evil intent.
However, the crime was not accomplished
because of inherent impossibility. It is legal
impossibility.
B was already dead when X stabbed him. He
did not kill a person in the eyes of criminal
law.
X is not criminally liable under the eyes of
the law.
How about the 4th element that the act
performed should not constitute a violation of
14 | P a g e
eds2022
another provision of RPC, is the 4th element
present?
No. When X entered the house of B without
permission, he in effect committed
trespassing.
Therefore, instead of being prosecuted for
impossible crime.
X should be prosecuted for Trespass to
Dwelling.
Impossible crime is a crime of last resort.
You only file an impossible crime if the said
act would not result to any other crime
punishable under the RPC.
Art 5. Whenever a court has knowledge of
any act which it may deem proper to repress
and which is not punishable by law, it shall
render the proper decision and shall report to
the Chief Executive, through the Department
of Justice, the reasons which induce the
court to believe that said act should be made
subject of legislation. (RPC)
Art. 6. Consummated felonies, as well as
those which are frustrated and attempted,
are punishable.
Felony is consummated when all the
elements necessary for its execution and
accomplishment are present; and it is
frustrated when the offender performs all the
acts of execution which would produce the
felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the
perpetrator.
There is an attempt when the offender
commences the commission of a felony
directly 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.
PERSONAL REVIEWER CRIMINAL LAW 1
ARTICLE 6 (Attempted, Frustrated and
Consummated crimes)
2 PHASES IN THE COMMISSION OF THE
CRIME
1. Subjective Phase – portion of the
commission of the act wherein the offender
commences the commission of the crime
after the time that he has still control over his
acts. He may or may not proceed in the
commission of the crime. He still has control
over his acts.
2. Objective Phase – offender has no more
control over his acts. He has already
performed all the acts of execution in the
commission of the felony.
NOTE: If the subjective and objective phases
are present, there is consummated felony.
STAGES OF EXECUTION:
1. ATTEMPTED
Overt acts – commenced
Overt Act- External or physical activity or
deed indicating intention to commit a
particular crime more than merely planning
or preparation.
Not all acts of execution are present –
(important)
Requisites of Attempted stage:
2. The offender commences the
omission of the felony by
overt acts
3. He does not perform all the
acts which should produce
the felony
4. The offender act is not
stopped by spontaneous
desistance.
5. The non-performance of all
acts of execution was due to
15 | P a g e
eds2022
cause or accident other than
his spontaneous desistance.
Spontaneous Distance
➢ An absolutory cause
In the context of an attempted stage –
“proceeding from natural feeling or native
tendency without external constraint”
(People Vs. Lizada – Rape Case)
DESISTANCE MUST BE MADE BEFORE A
CRIME IS COMMITED
➢ In the case of People Vs
Lizada Roselle, the one
peeping thru the window is
the external constraint that
was why Lizada was not able
to consummate the rape
crime.
Lecture: Do not accept as absolutory cause
if there is an external constraint- Credits
Pros. B.Angeles
NOTE: Attempted stage occurs with the
SUBJECTIVE PHASE, Where the actor still
has control over his act.
Examples: (REYES BOOK)
➢ The external acts must
have a direct connection
with the crime intended to
be committed by the
offender.
Note: Attempted stage would occur with the
SUBJECTIVE PHASE – where the actor has
still control over his act.
PERSONAL REVIEWER CRIMINAL LAW 1
CASE:
➢ At an early dawn, A was
surprised by a policeman
while in the act of making an
opening with an iron bar on
the wall of a store of cheap
goods. At that time the owner
of the store was sleeping
inside with another
Chinaman. A had only
succeeded in breaking one
board and in unfastening
another from the wall.
Is there an attempted robbery in this
case?
Held:
➢ No, because while it is true
that the 1st requisite is
present, that is, there were
external acts of breaking one board and
unfastening another from the wall of the store
to make an opening through which A could
enter the store, yet the 2nd requisite is not
present, for such acts had no direct
connection with the crime of robbery by the
use of force upon things.
In case of robbery by the use of force upon
things, in order that the simple act of entering
by means of force another person's dwelling
may be considered an attempt to commit this
offense, it must be shown that the offender
clearly intended to take possession, for the
purpose of gain, of some personal property
belonging to another.
➢ The crime committed was
attempted trespass to
dwelling, because the
intention of the accused was
obviously disclosed by his act
16 | P a g e
eds2022
➢ of making an opening through
the wall, and that was to enter
the store against the will of its
owner who was then living
there.
(People vs. Lamahang, 61 Phil. 703)
1. It is only an attempt, because A was
not able to perform all the acts of
execution which should produce the
felony of trespass to dwelling.
2. Had A commenced entering the
dwelling through the opening, he
would have performed all the acts of
execution.
2.FRUSTRATED
> 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.
Elements:
1. The offender performs all the acts of
execution
2. All the acts would produce the felony
as a consequence
3. But the felony is not produced
4. By reason of causes independent of
the will of the perpetrator.
NOTES:
© MORTAL WOUND DOCTRINE:
In homicide and murder, the
determining factor on whether the
perpetrator would be liable, for said crimes in
the ATTEMPTED or FRUSTRATED Stage is
the Gravity of the Wound.
PERSONAL REVIEWER CRIMINAL LAW 1
Mortal – Frustrated
If Not – Attempted
➢ Wound is considered mortal
if the victim would have died
were it not for timely medical
attention.
➢ Take note of the word
“independent of the will” the
actor must not be the one who
prevented the consummation
of the crime.
OBJECTIVE PHASE:
ALL THE ACTS WERE DONE, NO MORE
CONTROL OF THE OUTCOME OF THE
FELONIUS ACT
CASE LECTURE:
1. Andrea purposely shot here classmate
who used her as an example in the class.
Victim sustained a mortal wound in the
liver. Andrea who had 3 remaining bullet
in her gun took the final look at her still-
breathing victim and fled from the
scene. When a case for frustrated
homicide was filed against her, Andrea
claimed that her act in not shooting
further constitutues as a spontaneous
desistance. Is she correct?
Answer: NO. Inflicting mortal wound upon
the victim constitutes frustrated homicide
even if the accused spontaneously desisted
from further shooting. The facts that the
wounds are mortal indicates intent to kill.
Moreover, we should notice that
spontaenous desistance from fruther
shooting is not a defense in frustrated stage.
(Peope vs. Abella Gr. No. 198400)
2.
17 | P a g e
eds2022
Andrea purposely shoot her classmate
who used her as an example during last
session. Victim sustained a mortal
wound . Andrea , who realized that
convicted felons may be prohibited from
taking the Bar Exam, used her medical
expertise and aided immediately. As a
consequence the victim wound become
non-mortal. Victim filed a case for
frustrated homicide.
Answer: If the victim did not die due to the
exclusive will of the accused or the accused
or if the accused himself prevented
consumation he cannot be held liable for
frustrated homicide or murder. Likewise , it
cannot be said that crime is only in the
attempted stage because the actor already
committed all the acts of execution. Thus
Andrea be held liable only on already
committed physical injuries. (Bar 1976 and
1985)
3.CONSUMMATED
> Actor successfully committed all acts and
accomplished his evil intent or criminal
design.
√ Crime is Completed
TIP:
How to determine whether the crime is only
attempted or frustrated or it is consummated.
NATURE OF THE OFFENSE
MANNER OF COMMITING
ELEMENTS CONSTITUTING THE
FELONY
NOTES:
1. No frustrated theft
➢ People Vs Valenzuela
GR1601888
Unlawful taking is deemed complete from the
moment the offender gains possession of the
PERSONAL REVIEWER CRIMINAL LAW 1
thing, even if he has no opportunity to
dispose of the same. (Supreme court ruling)
2.No frustrated Rape (and theft), only
attempted stage and consummated stage.
CASE in Lecture:
Sandra laced the drink of Bernard with a certain
quantity of cyanide, a known poison
➢ If there is no intent to kill and
Bernad suffered serious physical
injuries. Crime is adminestering
of injurious substance
➢ If there is intent to kill and
Bernard suffered from poisoning
without need of urgent medical
attention – Attempted murder
➢ If there is intent to kill and
Bernard suffered from serious
poisoning and did not die due to
timely medical attention,
FRUSTRATED MURDER
➢ IF the quantity of cyanide did
not affect Bernard, impossible
crime
NOTE: There is no attempted or frustrated
impossible crime
a. In impossible crime all acts
of execution were committed
therefore no attempt is done
b. There is no frustrated
impossible crime because
the acts done are considered
constituting a consummated
crime
c. The act was completely
carried out, the result was
just inherently impossible
due to inadequate/ineffectual
means
18 | P a g e
eds2022
Material Crimes- Crimes that have 3 stages
of execution
Formal crimes – Crimes committed in one
instant
➢ Slander
➢ Perjury
➢ False Testimony
➢ Possession of Pick lock
➢ Physical injuries
➢ Crimes committed by mere
Attempt/ Proposal:
➢ Corruption of minors
Felony by omission – No attempt as there
would be no act executed to begin with.
Crimes Requiring intervention of 2 persons
to commit are consummated by mere
agreement like corruption of public officer or
betting in sports. If offer is refused crime is
committed only in attempted stage.
Instances wherein the stages of a crime will
not apply
1. Offenses punishable by Special Penal
Laws, unless otherwise provided for;
2. Formal crimes (e.g., slander, adultery,
etc.);
3. Impossible crimes;
4. Crimes consummated by mere attempt
(e.g., attempt to flee to an enemy country,
treason, corruption of minors);
5. Felonies by omission; and
6. Crimes committed by mere agreement
(e.g., betting in sports, corruption of public
officers).
Article 7. When light felonies are
punishable. - Light
felonies are punishable only when they
have been
consummated, with the exception of those
committed against person or property.
PERSONAL REVIEWER
General Rule for Article 7
1. Light felonies are punishable only
when consummated
2. Light felonies product such
light, insignificant moral and
material injuries that the public
is satisfied with
providing a light penalty for their con
summation.
NOTE: Exception
Crimes committed against person/property
Examples:
Light felony against persons
➢ Slight physical injuries and
maltreatment (Article 266)
Light felony against property
➢ Theft by hunting, fishing, or
gathering of forest or farm
products within enclosed
area where trespass is
prohibited and the value of
items stolen is less than 5
pesos
(Article 309, No. 7)
➢ Theft of items valued at less
than 5 pesos where the
offender was prompted by
hunger, poverty, or the
difficulty of earning a
livelihood (Article 309, No. 8)
➢ Malicious mischief
WHAT IF:
Penalty of the crime is arresto menor but
the crime committed is in its frustrated or
attempted stage?
Article 7 – Not punishable for the reason
that crime produces light insignificant moral
and material injuries.
19 | P a g e
CRIMINAL LAW 1 eds2022
EXCEPTION TO ARTICLE 7- Crimes
against person/property
Article 8
Conspiracy and proposal to commit felony.
Conspiracy and proposal to commit felony
are punishable only in the cases in which
the law specially provides a penalty
therefor.
A conspiracy exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it.
➢ There is proposal when the
person who has decided to
commit a felony proposes its
execution to some other
person or persons
General Rule:
➢ Conspiracy and proposal to
commit a felony are not
punishable
Exception: Punishable only when the Law
provides a punishment
Reason for the rule:
Conspiracy and proposal are only
preparatory acts
EXCEPTION to Conspiracy:
Conspiracy as a Felony in:
1.Treason
2.Sedition
3.Coup D etat
4.Brigandage
5.Corruption of Public officials
PERSONAL REVIEWER CRIMINAL LAW 1
Felonies mentioned above - Conspirators are
liable for deciding to commit the crime.
➢ Mere agreements of the
crimes mentioned above are
sufficient to incur criminal
liability if the law provides for
punishment
Ex. (Lecture notes):
Princess Jia and Jasmin agreed to kill their
teacher and decided to commit it.
➢ There is no crime
denominated as conspiracy
to commit murder
➢ There being none- nullum
crimen nula poena sine lege
CONSPIRACY AS A MEANS OF
INCURRING CRIMINAL LIABILITY:
➢ Applicable to all felonies so
long as the actors conspired
confederated and mutually
aided one other in committing
the felony.
➢ Express- conspirators meet
and planned prior to
execution
➢ Implied – Conspiracy hatched
at the moment – Did not meet
but based on their
participation, they acted in
concert.
➢ But express or implied – both
acting of concert or in unison
➢ Unity of purpose and unity of
execution.
20 | P a g e
eds2022
Legal effects of implied conspiracy
are:
1. Not all those present at the crime
scene will be conspirators;
2. Only those who participated in the
criminal acts during the commission
of the crime will be considered co-
conspirators;
3. Mere acquiescence to or approval of
the commission of the crime, without
any act of criminal participation, shall
not render one criminally liable as
co-conspirator.
4. In the absence of any previous plan
or agreement to commit a crime, the
criminal responsibility arising from
different acts directed against one
and the same person is individual
and not collective, and that each of
the participants is liable only for his
own acts.(People v. Bagano
Mastermind in Conspiracy – Need not to be
in place where the crime was committed
➢ Overt act as a direct of
indirect contribution in the
execution of the crime
planned to be committed
➢ Overt act may come from the
active participation the actual
commission of the crime
➢ Moral assistance or exerting
moral ascendency over co-
conspirators.
NOTE:
➢ Conspirator is liable for a
crime which was agreed to be
committed and other crimes
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

➢ To determine whether these felonies can

which could be foreseen and the direct
be complexed or not, and to determine the
natural and logical consequences of the
prescription of the crime and the prescription
conspiracy.
of the penalty.
PROPOSAL:
In other words, these are felonies classified
General rule: according to their gravity, stages and the
penalty attached to them.
There is proposal when the person
who decided to commit the felony proposes ➢ NOTE:
its execution to some other person or ➢ When the Revised Penal Code
persons. speaks of grave and less grave felonies, the
➢ Punishable only when the law definition makes a reference specifically to
provides for a penalty such Article 25 of the Revised Penal Code.
as: Do not omit the phrase “In accordance with
➢ 1. Treason Article 25” because there is also a
➢ 2.Rebellion classification of penalties under Article 26
➢ 3. Coup D etat that was not applied.
Why the general rule:
Because proposal is only a preparatory act. ARTICLE 10:
Exemption:
TRC
(Treason, Rebellion, Coup D Etat) Offenses not subject to provisions of this
code or in the future may be punishable
under special laws are not subject to the
Article 9. Grave felonies, less grave felonies, and light provisions of this code.
felonies – Grave This code shall be supplementary to such
felonies are those to which the law attaches the capital Laws, unless the latter should specially
punishment or
penalties which in any of their periods are afflictive, in
provide the contrary.
accordance
with article 25 of this code.
Less grave felonies are those which the law punishes Article 10 is composed of two clauses.
with penalties
which in their maximum period are correctional, in ➢ In the first, it is provided that
accordance with the above-mentioned article. offenses under special laws
Light felonies are those infractions of the law for the are not subject to the
commission of provisions of the Code.
which the penalty of arresto menor or a fine not
exceeding 200 pesos, or both, is provided
➢ The second makes the Code
supplementary to such laws.
Offenses that are attempted
Note on the penalty 200-40,000 now or frustrated are not
punishable, unless otherwise
Why is it necessary to determine whether stated. (Reyes)
the crime is grave, less grave or light?

21 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1
1. The provisions of the Revised Penal
Code on penalties cannot be applied
to offenses punishable under special
laws
➢ By virtue of the provision of
the first part of this article, it
was held that the attempted
or the frustrated stage of the
execution of an offense
penalized by a special law is
not punishable, unless the
special law provides a
penalty therefor. (U.S. vs.
Lopez Basa, 8 Phil. 89)
NOTE: The term "imprisonment" and not
"prision correccional" should be used in
reference to the penalty for the crime of
illegal possession of firearms and other
crimes punished by special laws.
The special law has to fix penalties for
attempted and frustrated crime.
➢ The penalty for the
consummated crime cannot
be imposed when the stage of
the acts of execution is either
attempted or frustrated,
because the penalty for the
attempted and frustrated
crime is two
degrees or one degree lower,
respectively.
➢ The special law does not
provide for a penalty one or
two degrees lower than that
provided for the
consummated stage.
➢ The special law has to fix a
penalty for the attempt and a
penalty for the frustration of
22 | P a g e
eds2022
the crime defined by it, in order
that the crime may be punished
in case its commission reached
only the attempted or frustrated
stage of execution.
2. When a special law covers the mere
attempt to commit the crime defined
by it, the attempted stage is
punishable by the same penalty
provided by that law.
CASE:
When the accused was about to board a
plane of the Pan American World Airways,
four pieces of gold bullion were found tied to
his body. He was charged with a violation of
Republic Act No. 265.
Held: Section 4 of Circular No. 21,
issued in accordance with the
provisions of Republic Act No. 265, provides
that "any person desiring to export gold in
any form xx x must obtain a license from the
Central Bank x x x."
➢ This section explicitly applies
to "any person desiring to
export gold" and hence, it
contemplates the situation existing
prior to the consummation of the
exportation. Indeed, its purpose
would be defeated if the penal
sanction were deferred until after the
article in question had left the
Philippines, for jurisdiction over it and
over the guilty party would be lost
thereby. (People vs. Jolliffe, 105 Phil.
677)
PERSONAL REVIEWER
3. Art. 10, R.P.C. is not applicable to
punish an accomplice under the
special law
Appellant is conceded to have performed
acts which would make of him an
accomplice, it would nevertheless be
impossible to impose any penalty upon
him because of the demonstrated
inapplicability of the principles of the
Revised Penal Code on accomplices to
the case at bar. (Dissenting opinion,
People vs. Padaong, 10 C.A. Rep. 979
full case)
4. Plea of guilty is not mitigating in illegal
possession of firearms, punished by
special law.
The plea of guilty as mitigating circumstance
under the Revised Penal Code (Art. 13, par.
7) is not available to offenses punishable
under special laws. (People vs. Noble, 77
Phil. 1086)
Offenses which are punishable under the
special laws are not subject to the provisions
of Art. 64 of the Revised Penal Code, and it
has been held that the provisions of the
Revised Penal Code, relative to the
application of the circumstances modifying
the criminal liability of the accused are not
applicable to special laws. (People vs.
Respecia, 107 Phil. 995)
5. This Code considered supplementary
to special laws.
➢ "Supplementary" The word
"supplementary" means
supplying what is lacking;
additional.
23 | P a g e
CRIMINAL LAW 1 eds2022
Note: The addition of the second sentence of
Art. 10), are perfectly applicable to special
laws. The Supreme Court has extended
some provisions of the Penal Code to special
penal laws, such as, the provisions of Article
22 with reference to the retroactive effect of
penal laws if they favor the accused. (People
vs. Parel, 44 Phil. 437)
➢ those of Article 17 with
reference to participation of
principals in the commission
of the crime (U.S. vs. Ponte,
20 Phil. 379);
➢ those of Article 39 with
reference to subsidiary
imprisonment in case of
insolvency to pay the fine
(People vs. Abedes, 268
SCRA 619);
➢ and those of Article 45 with
reference to the confiscation
of the instruments used in the
commission of the crime.
(U.S. vs. Bruhez, 28 Phil. 305)
6. Indemnity and subsidiary
imprisonment in the Revised Penal
Code applied to violation of Motor
Vehicle Law.
CASE: ( People vs. Moreno (60 Phil.
712)
➢ The accused was convicted of
homicide thru reckless imprudence
and violation of the Motor Vehicle
Law (Act No. 3992). That special law
has no provision regarding
indemnity to heirs of the deceased
and subsidiary imprisonment in
PERSONAL REVIEWER CRIMINAL LAW 1
case of insolvency. In Articles 39
and 100 of the Revised Penal Code,
indemnity to heirs and subsidiary
imprisonment are, respectively,
provided.
➢ Held: Articles 39 and 100 of
the Revised Penal Code are
supplementary to the Motor
Vehicle Law
7. No accessory penalty, unless the
special law provides therefor.
➢ In the case of People vs.
Santos, 44 O.G. 1289, the
Court of Appeals refused to
impose accessory penalty
upon the accused found guilty
of a violation of Act 3992,
because that law does not
provide for any.
8. Article 12, paragraph 3, of the
Revised Penal Code, applied to
minor over nine but less than fifteen
years old who violated a special law.
People vs. Navarro (C.A., 51
O.G. 4062
➢ Minor selling cocoa for 0.11
more than the selling price of
of the government without
intelligence.
➢ This is mala prohibita and the
accused must act with
intelligence, in this case, a
minor acted without
intelligence
9. Special laws amending the Revised
Penal Code are subject to its
provisions.
24 | P a g e
eds2022
(People vs. Macatanda, No. L-51368,
Nov. 6, 1981, 109 SCRA 35, 40-41)
CASE:
Saglala Macatanda was found guilty
beyond reasonable doubt of the crime of
Cattle Rustling penalized under PD No.
533.
Accused plead guilty and mitigating
circumstance is lack of instruction and
education due to extreme poverty (indigent)
The penalty for PD no 533 should be
imprisonment to death penalty but Article
10aplication will provide that:
➢ Article 64 of the same Code
should, likewise, be
applicable, under
which the presence of two
mitigating circumstances, that
of plea of guilty and extreme
poverty, without any
aggravating circumstances to
offset them, entitles the
accused to a lowering by one
degree of the penalty for the
offense.
CIRCUMSTANCES AFFECTING CRIMINAL
LIABILITY:
ARTICLE 11
The following do not incur criminal liability:
1. Anyone who acts in defense of his person or
rights, provided that the following circumstances
concur:
First, unlawful aggression;
Second, reasonable necessity of the means
employed to prevent or repel it;
Third, lack of sufficient provocation on the part of
the person defending himself = URL
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

2. Anyone who acts in defense of the person or Requisites of Self Defense:

rights of his spouse, ascendants, descendants, or
legitimate, natural, or
adopted brothers or sisters, or of his relatives by
affinity in the same degrees, and those by
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
provocation 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.
4. Any person who, in order to avoid an evil or
injury, does an 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 t
o 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 a lawful purpose.
1.Unlawful agression
• Onus probandi shifts to the
accused
• Condition sine qua non
• There must be an actual
agression or threat of an
imenent or immediate attack
First Requisite of Self Defense:
UNLAWFUL AGRESSION
✓ is equivalent to assault or at least
threatened assault of an immediate
or imminent kind.
✓ There is unlawful aggression when
the peril to one’s life, limb, or right is
either actual or imminent.
✓ There must be an actually physical
assault upon a person, or at least a
threat to inflict real injury.
✓ In case of threat, the same must be
offensive and positively strong, sho
wing the wrongful intent to cause an
injury.
✓ When there is no peril to one’s life,
limb or right, there is no unlawful
✓ aggression.
• Doctrine of Self Help
States that: CC- Article 429
The owner or lawful possessor
of a thing has the right to

NOTES: exclude any person from the

Defense of One’s self, relatives or strangers enjoyment and disposal
Par1.Self Defense thereof. For this purpose, he
➢ Proceeds from man’s natural may use such force as may be
instict to save himself. It is a reasonably necessary to repel
part of our nature as a human or prevent an actual or
being. threatened unlawful physical
➢ State cannot be there to save invasion or usurpation of his
us at all times property.
➢ Rule: Stand ground when in
right.
Old rule: Retreat to the wall

25 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1
Kinds of Unlawful Agression:
1.Actual or Material Unlawful Agression
Attack with physical force or with a weapon
Case: Pp vs. Jose Laurel
❖ Continuing Defense must be very
least
❖ Case: Pp. Vs. Laurel
2. Imminent unlawful aggression
It is an attack that is impending or on the
point of happening. It must not consist in a
mere threatening attitude, normust it be
merely imaginary.
• The intimidating attitude must
be offensive and positively
strong.
• Case: People Vs. Cabungcal
Note:
Do not confuse unlawful aggression with
provocation.
• What justifies the killing of a
supposed unlawful aggressor is that if the
offender did not kill the aggressor, it will be
his own life that will be lost.
• To give rise to self defense,the
aggression must not be a
lawful one like the attack of a
husband against a paramour
of his wife whom he surprised
in an uncompromising
situation, or a chief of police
who threw stones at the
accused who was running
away to elude arrest of a crime
committed in his presence. Their
aggression was not considered
unlawful.
Case (Lec):
1. A shot B. Only B’s Leg was shot. B
was able to draw his gun which
promted A to Flee.
26 | P a g e
eds2022
B shot A.
A died
Was there Self-defense?
Answer:
No Self Defense. The unlawful agression
which by Law must be a continuing
circumstance , already ceased.
2. A shot B. Only B’s leg was shot. B
was able to draw his gun which
promted A to flee. A immediately hid
behind a car and fired a random shot
that missed B. B returned the shot
again. Again, A ran towards a car with
an open window that would enable
him to see B better. While A was
running towards his car, B
successfully shot A’s head.
Answer: Self defense. It is clear from the
facts that the agressor A retreated to take
a mere advantageous position to ensure
success. Thus, agression is STILL
constinuing.
3. A unlocked his pistol holster when B
was threathening him.
Fearing for his life, B shot A
A Died
No self-defense. Mere threatening attitude
on the part of A.
4. A and B figured in a heated exchange
of words. A bough out his knife . B
continued to argue with A and the
same went on for some time. Sensing
that A can, anytime, attack him, B
quickly brought out his gun and fired
at A. A died.
Answer: No self defense.
Uncertain premature and speculative
belief that the deceased was about to
stab him, when the latter merely drawn
out his knife, is an insufficient
justification. There is unlawful agression
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022
✓ There are no other means to
cooly choose a less deadly
only when the one attacked faces real weapon
and immediate threat to ones life. Must 3.Requisite: Lack of sufficient provocation on
be iminent or actual. the part of the person defending himself
o No provocation
Factors that Belie Unlawful Agression o Insufficient provocation
✓ Nature, Character, location o Sufficient provocation by third
and extent of Victims wounds party
✓ Physical Facts or
Circumstances
✓ Circumstancses after the o Provocation not the proximate
execution of self defense cause and immediate cause
People Vs. Manansala of Agression
✓ Analogous circumstances
Unlawful Agression in Defense of others
righs: Par. 2: Defense of Relatives
• Honor Requisites:
• Woman’s Honor UR+ In case provocation was given by the
• Property person attacked (relative) one making
• Home defense had no peart therein
2.Requisite: Reasonable Necessity of the ❖ CONSANGUINITY AND AFFINITY
means employed • Spouse, ascendants, descendants,
• Would always depend upon the Legit/illegitimate, adapted siblings
circumstances • Consanguinity only – Upto 4th Civil
• Human instict is generally Degree relative
considered but weighted againts UR+note that the person defending must not
reasonableness be induced by revenge, resentment or other
Components: evil motive.
Reasonable necessity of the course of Note: Person Agressed by the victim is not
Action the person making the defense.
Place and Occasion Strangers – Persons outside self and
Reasonable necessity of the means relatives
employed
Rational Equivalence- nature , quality of BATTERED WOMAN SYNDROME:
the weapon, charcter of agressor, size, RA 9262 (Sec26)
analogous • Victim/survivors of BWS do not
• Disproportionate nature of weapons incure criminal and civil liablility
can be considered as rationally notwithstanding the absence of any
equivalent if it be shown that: of the elements of justifying
✓ Accused had no other circumstances of Self defense.
available means and • BWS- scientifically defined pattern of
pyschological and behavioral
symptoms found in women living in

27 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1
• battering relationships as a result of
cumulative abuse.
• Women repeatedly subject to na
forceful physical or psychological
beahvior by a man in order to coerce
her to do something he wants her to
do without any concern for her rights.
BW- Must go throught the Battering cycle
atleast twice
❖ Cycle of Violence – Tension Building
phase
❖ Man- verbal or slight verbal abuse
❖ Woman- pacify and nurture
✓ Acute battering incident –
Man- brutality , or office.
destructiveness and death
✓ Woman- Unpredictable, no
control
❖ Tranquil loving phase- profound relief
-Mans tender and nurturing behavior
❖ Woman- convincing herself that the
incident will never happen again
Par. 4:AVOIDANCE OF GREATER EVIL
OR INJURY
Requisites:
1.That the evil sought to be avoided actually
exists
2.That the injury feared be greater than that
that done to avoid it
3.That there be no other practical and less
harmful means preventing it
▪ Covers injuries to persons or property
▪ Must be Actual , not imagined
▪ Bantayan baka Culpa, walang
palusot
▪ Civily liable- those who benefited
Art101RPC- if none then no civil
liability
▪ Case example: Wassmer vs Velez
(not a criminal case)
28 | P a g e
eds2022
Jettesoning of goods
▪ Destruction of houses sorrounding of
a burning house to avoid community
conflagration
Par 5: Fullfillment of duty or lawful
exercise of right or office.
Requisites:
1. The accused acted in the
performance of a duty or in the lawful
exercise of a right or office
2. The injury caused or the offense
commited be the necessary
consequence of the due performance
of duty or lawful exercise of such right
Performance of a duty or exercise of right
must not be abused. Trabaho lang,mam/sir
Examples: Shooting of prisoners as self
defense or necessary to avoid escape.
Par. 6: Obidience to an order for some
lawful purpose
Requisites;
a. An order has been issued by a
superior
b. Such order must be for some lawful
purpose
c. The means used by the subordinate
to carry out said order is lawful
Work _ The difference is the presence of an
order
• Order of superior must be lawful.If
not , subordinate is a conspirator
• Carrying out of an order must not be
coupled by excess
• If the subordinate is not aware of the
orders illegality, he is not liable
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

exempt from criminal liability BUT

Article 12: Exempting Circumstances shall be confined in a hospital or
Circumstances which exempt from criminal liability- The ff. are
exempt from criminal liability: asylum.
1. An embecile or an insane person, unless the latter • If insanity arouse during the trial,
has acted during a lucid interval.
When the embecile or an insane person has committed an act
accused may still be held criminally
which the law defines as a felony (delito), the court shall order liable. EFFECT: Suspended trial
his confinement in one of the hospitals or asylums established until mental capacity of the accused
for persons thus afflicted , which he shall not be permitted to
leave without first obtaining the permission of the same court. is restored to afford him a fair trial.
(Paragraphs 2 and 3 on the exempting circumstance of Epilepsy may be covered by insanity, as
minority is deemed repealed by RA 9344, otherwise known as long as it can be shown that the accused
Juvenile Justice and Welfare Law. Minoriy as an exempting
circumstance is now found in Section 6 of RA. No. 9344) is under an epiliptic fit when he
4.Any person who, while performing a lawful act with due committed the offense.
care, cause an injury by mere acident without fault or intention
of causing it.
Feblemindedness is not covered.
5.Any person who acts under the compulsion of an equal • Insanity is determined by evidence
oe greater injury. showing the actors state of mind
6.Any person who acts undr the impulse of an
uncontrollable fear of an equal or greater injury. during a reasonable period before
7.Any person who fails to perform an act required by law and after the incident. Or better,
, when prevented by some lawful or insuperable cause.
state of mind at the very moment of
the execution.
• Insanity/Imbecility
• Minority
❖ TEST OF COGNITION-
• Accident
determination of complete
• Compulsion of an irresistible force
deptrivation of intelligence
• Impulse of an uncontrollable fear
• Insuperable cause ❖ TEST OF VOLITION-
Par.1: Insanity /Imbecility deprivation of freedom of will
Imbecile- Deprived completely of reason or
discernment and freedom of the will at the
time of comitting the crime. Exempt In ALL Par. 2 and 3 : MINORITY
CASES. Ammended by RA. No. 9344
Insane-Complete deprivation of intelligence “Juvenile Justice and Welfare Act of 2006 E-
and freedom of the will. Not exempt if shown May 21,2006
to have acted during a lucid interval. • 15 years old and below no criminal
✓ Mere abnormality is not enough responsibility/Absolute
especially if the offender has not lost irresponsibility
conciousness of his acts. • Above 15 years old to below 18
✓ Defense must prove insanity years old – No criminal responsibility
because presumption is always in if found to have not acted with
favor of sanity discerenement /Conditional
EFFECTS: responsibility
• If found to be insane during the • Biological age
commission of the felony, accused is

29 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1
• If CICL Is found guilty- suspendeded
sentence automatically
• Impose disposition measure
• Dispositio meausure – competency
and lifeskill development, leadership
trainings, community volunteer
projects, spiritual enrichment, etc..
CICL- Children in conflict with law
• Persons who at the time of the
commission of the offense is below
18 yearl old but not less than 15
years and 1 day old
Par.4. Any person who while performing a
lawful act with dure care causes and injury by
means of accident without fault or intention of
causing it.
ACCIDENT ;REQUISITES
A.A person is performing a lawful act
B.With due care
C.He causes and injury to another by mere
accident
D.Without fault or intention of causing it
Case In lecture:
Carlo Benedict was walking in Session Road
when he stepped on a tile which turned out
to be loose. Carlo slipped and hit Dre, who
fell. The impact of Dres fall caused his head
to hit the pavement. He died.
Answer- Walking is a lawful act. Nothing in
facts would show that Carlo is not exercising
due care while walking. The loose tile is
something that is not known by Carlo so any
injury resultedfrom his slippinh necessarily
exemptts him from criminal liability.
Par. 5: COMPULSION OF AN
IRRESISTIBLE FORCE ; Requisites:
30 | P a g e
eds2022
A.The compulsion is by means of physical
force
B.The physical force is irresistible
C.The physical force comes from a third
person
Note:
• Force must be of such nature that
despite resistance, the person be
reduced to nothing but an
instrument, who acted only without
a will but also againts his will.
• Threat of future injury is not enough.
The duress , fear, force or
intimidation must be present,
imminent and impending
• People Vs. Siao
Absolutory Causes:
Act is considered as a crime but for
reasons of public policy and public
sentiments no penalty is imposed.
Examples:
Art. 6- Spontaneous desistance in
attempted stage
Art.20 – Accessories exempt from criminal
liability
Art. 124- Legal grounds of detaining a
person
Art. 247- Death or Physical injuries under
exempting circunstance
Art.280 par 3 – Tresspass to Dwelling
Art. 332- Persons exempt from criminial
liability For the Crimes of TEM
Art.334 par. 4 -Marriage of parties in
seduction, abduction, acts of lasciviousness
and rape
Instigation -where the person is merely
lured to commit a crime
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

Article 13 Circumstance of Incomplete

CIRCUMSTANCES WHICH MITIGATE Justification Or Exemption (Art. 13)
CRIMINAL LIABILITY
Article 13. Mitigating circumstances. - The following are If circumstance has 3 requisites , 2 is majority
mitigating circumstances;
1. Those mentioned in the preceding chapter, when all If circumstance has 2 requisites , 1 is majority
the requisites necessary to justify or to exempt from
criminal liability in the respective cases are not attendant.
NOTE:
2. That the offender is under eighteen year of age or over
seventy years. In the case of the minor, he shall be 1. In defense of ones self, relative and
proceeded against in accordance with the provisions of stranger, unlawful agression must be
Art. 80.
3. That the offender had no intention to commit so grave
present
a wrong as that committed. 2. In fullfillment of a duty, act must be
4. That sufficient provocation or threat on the part of the done in the performance of a duty or
offended party immediately preceded the act.
5. That the act was committed in the immediate lawful exercise of right
vindication of a grave offense to the one committing the 3. In obedience to an order, there must
felony (delito), his spouse, ascendants, or relatives by
be an order
affinity within the same degrees.
6. That of having acted upon an impulse so powerful as 4. In accident, the act must be lawful
naturally to have produced passion or obfuscation. and must not be committed by DOLO
7. That the offender had voluntarily surrendered himself
to a person in authority or his agents, or that he had
or CULPA
voluntarily confessed his guilt before the court prior to Par. 2: MITIGATING- MINORITY AND
the presentation of the evidence for the prosecution; SENIORITY
8. That the offender is deaf and dumb, blind or otherwise
suffering some physical defect which thus restricts his • Contemplates 2 kinds of
means of action, defense, or communications with his accused,senior and a minor
fellow beings.
9. Such illness of the offender as would diminish the
• MINORITY- if not considered as an
exercise of the will-power of the offender without exemting circumstance due to the
however depriving him of the consciousness of his acts. presence of discernement in 15
10. And, finally, any other circumstances of a similar nature
and analougous to those above mentioned. above to below 18 CILCs , Priv.
Mitigating
• Art 68 par. 2
PAR.1: Mitigating: Incomplete
Justification or Exemption
• Literally incomplete requisites for • As long as minor is 18 years old
Article 11 and 12 exempting (RA 9344)
• Note: if all req of article 11 and 12 are • Thus,MINORITY is either an
present then justifying and Exempting Circumstance (Art 12) or
exempting a Previlaged mitigating
• If Majority of the Req.of Art 11 and Circumstance (Art 68 paragraph 2)
12 are present – Previlaged Or a Privilaged mitigating circumstance (Art.
mitigating circumstance of 68 par 2) Minority is either EC or MC
Incomplete Justification or • Senior – above 70
Exemption (Art 69) • Seniority is only an ordinary
• If MINORITY of Art. 11 and 12 are mitigating Circumstance
present – ordinary Mitigating
•

31 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1
Par. 3: MITIGATING: Praeter Intentionem
• Pertains to Criminal liability of the
Actor
• Its effect is found in Art. 13(3) as an
ordinard in Art. 13(3) as an ordinay
mitigating circumstance
• Determined as Present if: Facts
proven show that there is Notable
and evident Disproportion between
the means employed to execute the
criminal act and its consequences
Lec. Cases
1. Sakuragi fired a revolver 3x at Goris
body. Can he benefit from the
mitigating circumstance of praeter
intentionem?
• No. The means employed by
Sakurgai si sufficient to produce the
evil which resulted
2. Rukawa slashed the abdomen of
Akagi. Akagi bleed to death. Rukawa
claimed that he only intended to
injure Akagi.
• No. By location of the wound and the
weapon used, there is definite and
perverse intention. (US vs. Mendac)
Par.4: Sufficient Provocation: Requisites:
a.The provocation must be sufficient
b.It must originate from the offended party
c.The provocation must be immediate to the
act (commission of crime)
Sufficient provocation
• Adequate to excite a person to
commit in the wrong
• If the act in the offended party cannot
be considered unlawful agression,
then it can be argued that the same
is sufficient provocation
• In all cases, interval of time is
important.If there is an aprreciable
32 | P a g e
eds2022
interval of time from which the
accused may regained itself and self
control, there is no sufficient
provocation.
• However, if the facts inidicates that
at the time of the crime, offender still
suffers from outrage , from the threat
or provocation done to him, May
benefit from Art. 13(4) .( Rare
instance)
Lecture Cases Example
1. Sakuragi punch the eyes of Gori.Gori
brought out his gun and fired at
Sakuragi
Answer: Not a self defense, but
sufficient provocation
2. Ryota told Kugure “Pare, minumura
mo daw ako “ Kugure got paranoid he
shot Ryota
Answer: Not a sufficient provocation
3.Haruku was confronted by Anzai and
Mitzui. Anzai told “amina celllphone o
papatayin ka namin”. Haruko then stabbed
Mitzui.
Answer : No . Provocation originated from
Anzai
Par. 5: IMMIDIATE VINDICATION OF A
GRAVE OFFENSE
a. There be a grave offense done to the
one committing the felony, his spouse,
ascendants, descendants, legitimate ,
b. natural or adopted brothers or sisters,
or relative by affinity with in the same
degrees.
c. The felony is commited in vindication
of such grave offense.A lapse of time
is allowed between the vindication and
the doing of grave offense.
PERSONAL REVIEWER CRIMINAL LAW 1
Immediate Vindication:
• Lapse of time allowed? It need not
be immediate. It must be understood
as something PROXIMATE.
• So long as the vindication lasted at
the moment of the crime
• Interval of time depends on the
gravity of the offense made by the
offended party.
• Provocation must be made directly to
the actor. In vindication the grave
offense maybe committed to the
actor or the actors relative./s
mentioned in Art. 12(5)
• Cannot be credited with passion and
obfuscation because of
incompatibility (par. 6)
Basis of gravity of offense? For the courts to
decide, taking into consideration , the social
standing of the person, the place and the
time when the insult was made.
• SOCIAL STANDING- Insulting an
old man infront of other people (US
vs. Ampal)
• Place- Insulting a person infront of a
large crowd
• Time – Redtagging a person in the
height of a redtagging issue
Lecture Ex. Cases:
1. Sakuragi , infront of everyone, said
that Gori is a thief. Thirty minutes
after, Gori brought out his gun and
fired at Sakuragi
• Immediate vindication
2. Rukawa was killed by Akagi, a few
hours later, Rukawa’s brother in law
Mitsui, Killed Akagi. Can Mitsui
invoke immediate vindication?
• Immediate vindication of a grave
offense commited to a brother in law
33 | P a g e
eds2022
Par.6: Passion and Obfuscation ,
Requisites:
a. Invoked only when the passion and
obfuscation arose from lawful
sentiments
b. Thus, no par. 6 if the act is committed
in the spirit of lawlessness and
revenge
c. Offended party must have committed
an unlawful or unjust act to the
accused
Lecture Cases Example:
1. Sakuragi saw Gori in the act of
stealing his car. Gori brought out his
gun and fired at Sakuragi.
• Passion and obfuscation
2. Akagi made commotion during the
wake of Rukawas father. Rukawa
killed Akagi.
• Passion and obfuscation
3. Sheriff Ryota seized the TV of Kuguri
who obtained an unfavorable
judgement in a civil case. Kuguri shot
Ryota.
• NO passion and obfuscation. Sheriff
was performing his duty. Thus, it is
not an unlawful act.
4. Skuragi and Haruku lived illicitly for
several years. One day Haruku
refused to live with Sakuragi and
eloped with another man. Sakuragi
killed Haruku.
• No. Passion and obfuscation must
arise from legitimate feelings, not
those which arose from immoral
passions. ( US vs. Hicks)
5. Sakuragi common law wife, Haruko,
turned out to be seing another man,
Mitsui. Sakuragi discovered Haruku
in Mitsuis arms. Sakuragi killed
Haruku.
• Passion and obfuscation
PERSONAL REVIEWER CRIMINAL LAW 1
Part 7: Voluntary Surrender And
Confession of Guilt
(2MC )
If both are present they should have the
effect of mitigating as (2) separate and
independent circumstance.
REQUISITES: Voluntary Surrender
a. The offender has not been actually
arrested
b. The offender surrendered himself to
a person in authority or to the latters
agent
c. The surrender was voluntary
REQUISITES: Voluntary confession of guilt
a. The offended spontaneously
confessed his guilt
b. The confession of guilt was made in
open court, that is before the
competent court to try the case
c. The confession of guilt was made
prior to the presentation of evidence
for prosecution
VOLUNTARY SURRENDER
• Surrender must be spontaneous and
conditional and must be due to the
fact that:
• Accused acknowledged his
guilt
• Accused wished to save the
government the trouble and
expenses necessarily incurred
In his or her search and
capture
• Surrender must be made
before a person in authority or
an agent of the person in
authority.
VOLUNTARY CONFESSION OF GUILT:
• Arrest-Arraignment-Pre-trial –
Trial
34 | P a g e
eds2022
• Must be made before the trial
begins
• Withdrawal of a plea of not
guilty?
• Plea of guilty to an ammended
information
• Duty of the court?
Par. 9: Illness
a. That the illness of the offender must
diminish the exercise of will power
b. That the illness of the offender should
not deprive the offender of
conciousness of his Acts
✓ If not an insane person, in Art. 12
✓ More or less pasok sa Art. 13
Par. 10: Analogous
✓ Similar nature to thos mentioned in
paragraph 1-9
➢ Over 60 years old with failing
eyesight ( Seniority)
➢ Outrage over a pet taken for
ransom ( Vindication of grave
offense)
➢ Incomplete cycle in BWS
(diminished will power)
➢ Testifying for the prosecution
(Plea of guilt)
Article 14. Aggravating circumstances. -
The following are aggravating
circumstances:
1. That advantage be taken by the offender
of his public position.
2. That the crime be committed in contempt
or with insult to the public authorities.
3. That the act be committed with insult or in
disregard of the respect due the offended
party on account of his rank, age, or sex, or
that is be committed in the dwelling of the
offended party, if the latter has not given
provocation.
PERSONAL REVIEWER CRIMINAL LAW 1
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.
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.
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.
35 | P a g e
eds2022
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.
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
Aggravating Circumstances
✓ If one AC is present, divisible penalty
shall be imposed in the maximum
period
✓ If 2 Acs still penalty would be in the
maximum period
✓ Rule: Regarless of the ACs present
GENERIC AGGRAVATING
CIRCUMSTANCE
✓ Applicable to all crimes
✓ Paragraphs 1,2,3 (dwelling only) ,
4,5,6,9,10,18,19,20 ( Except by
means of motor vehicle
Specific Aggravating Circumstance
✓ Applicable to particular crimes
✓ Paragraphs 3 except dwelling ( 15,
16,17,and 21)
PERSONAL REVIEWER CRIMINAL LAW 1
Qualifying Aggravating Circumstance
✓ Those that change the nature of
some crimes
✓ Homicide can be considered as
murder, if treachery or EP is present
Inherent Aggravating Circumstance
✓ Those that necessarily accompanies
the commission of certain crimes
✓ EP in robbery, Theft , Estafa, adultery
and concubinage
✓ Dwelling and tresspass to dwelling by
means of fire or Arson
Aggravatig circumstance must always be
alleged in the information
✓ Information is read to the accused
during arraignement
Par.1: AC: Taking advantage of Public
position:
✓ Committed by a public officer
✓ Position is abuse
Inherent in those crimes committed by public
officers:
Example: Malversion
Failure to render accounts, etc.
Par.2: AC: Committed in contempt of or
with insult to Public Authorities:
✓ Requisites:
a.Public authorities engaged in the discharge
of his duties
b.Public authority is not the person against
whom the crime is committed
c. Offender knows of the identity of the Public
authority and Cloud died due to injuries
d. The presence of public authority did not
prevent offender from commission of the
crime
Case Example Lecture:
1. Squall and Cloud were toe to toe in
heated fisticuff. Mayor Cid
interrupted. Cloud desisted but squall
2.
36 | P a g e
eds2022
continued attacking. Cloud died due to
injuries.
Ans: Crime aggravated by contempt of or
with insult to public authorities
3. Sqaull and Cloud were toe to toe in a
heated fisticuff. Patrolman Cid
interrupted. Cloud desisted but Squal
continued attacking
Ans: No aggravating. Patrolman Cid is a
mere agent of a person of authority
Par. 3: AC: Committed with insult or
indisregard of offended party rank,
age , sex, dwelling
• Only applicable to crimes against
persons or honor except dwelling
• Four circumstances which cannot be
considered together or single. If
together, credit as one.
1. Rank – there must be a
difference in the social
condition between the parties
2. Age – tender age or old age
3. Sex- man against woman
Accused must deliberately
intend to offend or insult RAS
Case in Lec :
Ex. Renoa stole the mobile phone of BBM
Answer: Theft is not agrravated by insult or
disregard to the respect due to the
President’s rank
Theft is a Crime against property
NOT APLICABLE IN THE FOLLOWING:
• Passion and obfuscation
• Relationship between the offended
party and the offender
• When the condition of the woman is
indepensable in the commission of
the crime e.g. rape, abduction, or
seduction
Dwelling – The dwelling must be a building
structure exclusively used for rest and
comfort.
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

Condition sine qua non – Offender has not cirme. The confidence rposed by the parents
given provocation facilitated the comission of the crime.
Thus to credit dwelling, provocation must not
be : • Inherent malversation, qualified
a)given by the owner theft, Estafa by Conversion or
b) sufficient Misappropriation and Qualified
c) immediate to the commission of the crime seduction
• In UNGRATEFULLNESS , the
Dwelling > includes dependencies, foot of ungratefullness must be obvious. I,e.
the stairs and inclusion under the house and manifest and clear
terrace
• For crimes where dwelling is Par. 5 AC: PAR. 5: THAT THE CRIME BE
inherent, said AC must not be COMMITTED IN THE PALACE OF THE
appreciated CHIEF EXECUTIVE, OR IN HIS
• Includes lesses or persons PRESENCE, OR WHERE PUBLIC
temporary dwelling AUTHORITIES ARE
ENGAGED IN THE DISCHARGE OF THEIR
Par. 4: AC: Committed with abuse of DUTIES OR IN A PLACE DEDICATED TO
confidence or obvious ungratefullness RELIGIOUS WORSHIP
Requisites: Abuse of Confidence:
a.Offended party had trusted the offender Committed in the palace
b.Offender abused such trust by committing In the prescence of chief executive or
a crime against the offended and Place- Malacanang- Where Pas are
c.Abuse of confidence facilitated the engaged in the performance of their duties
commission of the crime and Dedicated to religious worship
Case lec: • In the presence of the Chief
1.Squall was extremely jealous Executive (NEED not to be in
beacasue his gilfriend Rinoa always MALACANAN)
sends text messages to Sifer. One day
Squall texted Rinoa and invited her to a • In the palace of the Chief executive
roadtrip. Rinoa obliged. While they were – Regardless of Funtion being held
inside the car, Squall strangulated Rinoa. therein
Rinoa died. • In a place dedicated to a religious
Answer: There was abuse of confidence worship- Regardless of funtion being
and ungratefullness held therein
Pp. Vs. Crumb Vs. Pp. Vs. Caliso • In a place where public authorities
In Crumb, the confidence reposed by the are engaged in the discharge of their
parents of the girl in the offender could not duties-
have facilitated the comission of the crime, ➢ AUTHORITIES MUST BE IN
as the girl could resist. THE PERFORMANCE OF
In Calisom the victim is a mere 9 month old OFFICIAL FUNCTION
child, who could not resist the comision of the

37 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

Offender must have intention to commit a Case Example Lecture:

crime when he/she entered the place.
(People vs. Juarigue) 1. At around 11.30 pm of November 1,
2022 Squall and Seifer exchange
Note: Where PA engaged in the discharge dagger looks somewhere in the dark
(par5) vs Contemp or insult to public part of New Lucban. Squall said
authorities (par2) “Yabang mo boy” to which Siefer
Both: Public authorities are in the replied “anong magagawa mo e
perforamance of their duties duwag ka”. Offended Squall stabbed
Par 2: Outside public authorities office; par 5 Siefer Six times. Siefer died.
inside office ANS:
Par 2: PA must not be offended party; Par5 ➢ Casual encounter. Non of the
maybe the offended party circumstances that would
make nightime an
Par.6:AC: UNINHABITED PLACE ;BY A aggravating circumstance
BAND present
The three are aggravating: Uninhabited place- Not based on a distance.
a.When it facilitated the commission of the Based on reasonable possibility of the
crime victime receiving somehelp.
b. When specially sought for by the offender By a band – More than 3 armed malefactors
to ensure the comssion of the crime or for the shall have acted together in the commission
purpose of impunity or of the offense.
c.When the offender took advantage thereof • Applicable in crimes against
for the purpose of impunity persons, property or in illegal
Note: Conjunction OR detention or treason
• Absorbs abuse of superior stress
Faciliatated the commission of the crime – strenght and use of fire arms
Art. 14(6)
Objective test Part 6 AC: CALAMITY
• If the crime can be
• Aggravated when committed in:
perpetrated unmolested ,
a.Conflagration
or interfercence can be
b. Shipwreck
avoided , of there would
c.Eathquake
be greater certainty in
d. Epidemic
attaining the ends of the
e. Other calamity or misfortune
offender .
In all instances offender must take
Nightime – Begins at the end of dusk and end
advantage of the calamity
at dawn
• crime must begin and be
consummated in the nightime
• Proper illumination negates nightime

38 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1
Par 8: AC: with the Aid of Armed men
Requisites:
a.That the armed men took part in the
commsion the crime directly or inderectly
b.That the accused availed of himself of their
aid or relied upon them when the crime was
committed
Notes: To be appreciated, accused should
rely of their aid or rely upon them to commit
the crime
• If offende party equally armed, not to
be appreciated
• Absorbs “employment of a band”
• Armed men must act as accomplices
only
Par 9 : AC: Recidivism
Requisites:
a.That the offender is on trial for an offense
b.That he was previously convicted for final
judgement of another crime
c.That the both first and 2nd offense are
embraced in the same title in the RPC
d.That the offender is convicted of the new
offense
Notes:
• Prior Conviction must be by final
judgement
• Same title of the RPC
• Unlike HD, recidivism must be taken
into account no matter many years
intervined between the 1st and 2nd
felonies
➢ If prev. conviction was
pardoned, subject to
amnesty.
Case ex. Lec:
On March 1 2020, A’s conviction for theft
attained finalityy because he failed to file an
appeal. On July 5, 2023 a case for robbery
was filed against A and trial commenced
where he was found guilty.
39 | P a g e
eds2022
• Theft and robbery is a crime against
property
• March 1, 2020 case is consiledated
as conviction by judgement
PAR.10:AC:Reiteracion;Requisites
a.That the accused is on trial for an offense
b.That he previosuly served sentence for an
offense for which the law attached an equal
or greater penalty , or for 2 or more crimes to
which it attached a lighter penalty than that
for the new offense
c.That he is convicted for the new offense
Note:
✓ Served sentence for a crime to
which the law attaches
✓ Equal or greater penalty and
✓ Two or more crimes with lighter
penalty
A.Case Scenario A Lecture (equal or greater)
❖ On Feb. 1, 2000 A was released from
the National penetentiary after having
served his prison sentence (reclusion
temporal)
On Feb. 3, 2000 A was charged for the crime
of homicide , which is punishable by
reclusion temporal . He was found guilty.
B.Case (Lesser)
❖ On February 1, 2000 A was released
from the BJMP afer having served his
prison sentence (arresto mayor)
On Septemeber 3, 2000 A was again
released from BJMP after having served for
a crime he committed (aresto menor)
On Feb. 10, 2010 , A,was charged for the
crime of Homicide, which Is punishable by
recclusion temporal. He was found guilty .
FORMS OF REPEATITION
o Habitual delinquency- Art.62(5) with
in 10 years from the date of last
release or conviction of FRETSL,
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022
Case: In exchange of a pretty woman
found guilty of same crimes a 3rd time Manalinde agreed to go amock and kill 2
or often persons he would meet in the town. In order
o Recidivism (Art.14{9}) to carry out his intention,Manalinde obtained
o Reiteracion – Art. 14 (10) a kris concealed in banana leaves. He
o Quasi-Recidivism – Article 160- traveled a day and night from his home to
Comission of another crime during or reach the town.
before service of penalty imposed for
another previosu offense Application of the First Requisite: Accepted
the proposition
Par 11:AC:Price, reward or promise 2nd requisite: Undertook to comply , even
There are 2 offenders – provided himself with a weapon
➢ Giver or Price, reward, 3rd :After a journey of day and night he still
promise and one who accepts killed the victim
IN consideration, there should be a previous
promise from the giver Notes:
Par 12:AC:INUNDATION, etc. ❖ Implies deliberate planning
Inundation , fire, explosion , stranding of a ❖ Appreciation of this AC is not solely
vessel or international damage thereto, based on lapse of time. External act
derailement of a locomotive, or by use of any is likewise an important basis
other artifice involving great waste and ruin. ❖ Essence of EP is not the execution of
• Must be used as MEANS. criminal act must be preceded by cool
So if circumstances thought and reflection
enumerated are mere Inconsistent with EIP except if the offender
incidental to the willed to kill any person (Manalinde)
commission, do not Manifest Act indicating that the accused has
apreciate. clung to his determination:
PAR 13:AC:Evident Premiditation • Based on external act
Requisites: • Must be notorious and manifest
a.The time when the accused determined to Examples: Must be proven by evidence
commit the crime • Proof that the crime was planned
b.An act manifestly indicating that the • Preparation/Prelimeary efforts to
accused has clung to his decision carry out the Crime
c.Sufficient lapse of time between such • Previous failed attempts
determination and execution to allow the
accused to refelct upon the consequence of Par.14 AC: Craft , fraud, disguise
his act and allow his conscience to overcome Craft-Intellectual trickery, cunning, certain
the resolution of the will pretensions
FRAUD – Insidious words and machinations
Case : US VS. Manalinde used to induce the victim to act in a manner
which would enable the offender to carry out
the design.

40 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1
Note: Craft vs. Fraud- Craft involves act in
order not to arouse suspicion while fraud
must always involve a direct inducement
Disguise- Use of device to conceal identity
Par.15: AC: Abuse of Superior Strength,
means employed to weaken the defense
❖ Advantage must be taken -usage of
excesscive force out of the proportion
of the means of defense available to
the victim
❖ Disparity between the physical
strenght of the parties
❖ Numerical superiority – not
necessarily abuse of superior
strenght
❖ Absorbed by treachery
❖ Absorbs cuadrilla
1.Legolas an MMA fighter was sleeping in
his room when midget Gimli abruptly turned
the speaker lou. Legolas infuriated, he punch
Gimli in the Head
>Abuse of Superior Strengt present
2/3- If together – Abuse of superior strengh
but if alternate no abuse of Superior strengt.
Means employed to weaken the defense
Lec Case:
1.Casting sand upon an enemys eye before
the infliction of a blow
2.Intoxicating the victim before the
commission of the crime (if intoxication id of
a state where the victime cannot put out any
sort of resistance , treachery na)
Par. 16(AC): Treachery Aka-alevosia
Requisites
a.At the time of the attack the victim was not
in a position to defend himself
b.Offender consiously or deliberately
adopted particular means method or form of
attack employed by him.
41 | P a g e
eds2022
NOTES:
Essence- Swift,sudden and unexpected
attack
➢ Mere fact that the attack is
sudden and unexpected does
not simply the immediate
presence of treachery. It must
be purposely adopted
• Applicable only to crimes against
persons
• Basic examples:
Sleeping victim
Victim being held by several people persons
Frontal attack is treachery if not
presceded by dispute and offended
party was unable to prepare himself
for defense
Absorbs abuse of superior strenght,
aid of armed men, by a band,
nightime, means to weaken the
defense , crafts aids and sex
Par. 17 .IGNOMINY
• Adding disgrace and obluqy to the
material injury caused by the crime
• If committted after offended party
died, do not appreciate
• Moral suffering – adding insult to
injury
Ex. Before Killing made victim walk
naked
Par.18: AC: Unlawful entry
• Entrance affected by way not
intended for purpose
• Precedes actual comission of crime –
“xxx after an unlawful entry “
Par 20 AC: Aid of persons under 15, etc
• Committeed with aid of persons
under 15
• Committed by means of motor
vehicle or airship
• By other similar means
PERSONAL REVIEWER CRIMINAL LAW 1
Par.21:AC:Cruelty
Requisites:
a.That the injury caused be deliberately
augmented by causing another wrong and
b.That the wrong done be un necessary for
the execution of the purpose of the offender
Cruelty
Crime + another wrong is not
necessary for its commission
Present when culprit enjoys and
delights in making his victim suffer
slowly and gradually causing
unecessary and physical pain
Cannot be presumed
Plurality of wounds not necessarily
cruelty.
PERSONS CRIMINALLY LIABLE FOR
FELONIES
Article 16. Who are criminally liable. - The
following are criminally liable for grave and less
grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light
felonies:
1. Principals
2. Accomplices.
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
Principals
commit it;
3. Those who cooperate in the commission of Acomplices
the offense by another act without which it would Accessories
not have been accomplished.
Article 18. Accomplices. - Accomplices are
those persons who, not being included in Article
17, cooperate in the execution of the offense by
previous or simultaneous acts
42 | P a g e
eds2022
Article 19.
Accessories. - Accessories are those who, having
knowledge of the commission of the crime, and
without having participated therein, either as
principals or accomplices, take part subsequent
to its commission in any of the following manners:
1. By profiting themselves or assisting the
offender to profit by the effects of the crime.
2. By concealing or destroying the body of the
crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. By harboring, concealing, or assisting in the
escape of the principals of the crime, provided the
accessory acts with abuse of his public functions
or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
Article 20. Accessories who are exempt from
criminal liability. - The penalties prescribed for
accessories shall not be imposed upon those who
are such with respect to their spouses,
ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single
exception of accessories falling within the
provisions of paragraph 1 of the next preceding
article.
DIAGRAM OF APPLICATION OF ARTICLE 50-57
CONSUMMATED FRUSTRATED ATTEMPTED
Prov. By law -1 -2
-1 -2 -3
-2 -3 -4
-1,2,3,4, are the number representing
lowering by degress
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

could be forseen and are the natural and

ILLUSTRATION:
Consummated Frustrated
Principal Reclusion Prision
temporal mayor
Acomplice Prison mayor Prision
correctional
Accessory Prision Arresto
temporal mayor
Art. 17: Principals
• By direct participation
• By inducement
• By indespensable cooperation
Principal by direct participation
One who personally took part in
the execution of the act,
constituting the crime, CHIEF
ACTOR
If only one is accused- No more problem
If 2 or more persons: Requisites
a.Participation in the criminal resolution
and
b. Carried out their plan and personally
took part in the execution by acts which
directly tended to the same end
Exception: Note that the conspirator is
liable for a crime which was agreed to
be committed and other crimes which
logical connsequences of the
conspiracy.
Art. 8 (Take note)
Principal by inducement:
➢ One who directly force or
induce others to commit a
crime
Requisites:
a. That the inducement be made directly
with the intention of procuring the
comission of the crime and
b. Such inducement be the determining
cause of the commission of the crime by
the material executor
Attempted
Prision
correctional 2 ways of committing:
Arresto
mayor a. Direclty forcing , i.e.
Arresto
menor
irresistible force and
uncontrollable fear
b. Directly inducing,
PRP words of
command
Inducement should always preced
the act
Liablity is contingent upon the
conviction of the principal by direct
participation
Case Illustration
Erwin advised Maria, a married
woman. Maria whose husband was
very Stingy and treated her badly, that
the only thing for her to do was to rob
him. Maria robbed her husband.
Answer:
Erwin is not guilty as a principal by
inducement.Imprudent and ill
concieved advise is not sufficient.
(US Vs. Indanan)

43 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

PRINCIPAL BY Indespensable Article 18: Accomplices

cooperation: Requisites:

One who cooperates in the a.Community of design

cooperation of the crime by b.Cooperation in the execution of the
another act, without which the offense by previous or simultaneous acts
crime would not have been with the intention of supplying material or
accomplished moral aid in the execution of the crime in
Requisites: an Efficacious way and
c.Relation between the acts done by the
a.Participation in the criminal resolution principal and those attributed to the
before the commission of the crime person charged as an accomplice
charged Accomplice – Persons who while not
b.Cooperation in the commission of the considered as a principal , cooperate in
crime by performing another act without the execution of the offense by previous
which it would not have been or simulatenous act
accomplished ➢ Fine line disctinction
between accomplice and
Case Illustration: principals by cooperation.
1.Erwin is the target, and eccentric ➢ In case of doubt, pro reo,
billionaire living in an island. Conspirators Consider as an
were Shoti, Carlo, Victor and Robert. accomplice.
Shoti, Carlo, Victor as the Raiding team NOTE: Accomplice must only concur with
where Robert the only boat owner in the the Community of Design, not part of the
community is the boat provider and Criminal resolution
driver. They succesfully killed Erwin Community of Design: Knowledge and
Roberts liability? concurrence with the criminal design of
➢ Principlal by indepensable the principal by direct participation.
cooperation
2.Boyet held Roy while the latter was ACCOMPLICES VS. CONSPIRATORS:
being stabbed by Eric. Conspirators Accomplice
➢ No. If cooperation is one Agreed and Acquire knwledge
decided to and concure with the
consisting of an act commit the criminal design of
necessary in the execution crime the conspirators
of the crime committed, Act in Supply material or
furtherance of moral aid in
principal by direct conspiracy effecasious ways
participation. Nature and type Previous or
of participation, simultaneous act
not important and must be not
indespensable

44 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1
Accomplices:
Conspirators have decided upon the
criminal intention. Accomplices come to
know about it after the principals have
reached the decesion. ( PP. vs.Salvador)
ILLUSTRATION CASES:
1. A plan to kill X in the evening and
was hatched by A, B, and C. D
joined the group in the afternoon
after the decesion to kill had
already been agreed upon.
Significantly , the plan to kill could
have been accomplished without
him. (Pp. Vs De Vera Gr. 128966)
2. Boyet only discovered the
commison of the crime after
hearing a gunshot. Abductor
instructed boyet to get the ransom
payment and the latter did. Here
the crime was already committed
when Boyet discovered it. But
despite the knowledge, he
concurred with the criminal
design. The crime have been
committed without him. He is an
accomplice. (Pp. Vs. Castro,
GR,132726)
ART 19: Accessories
MANNER:
➢ By profiting themselves or
assisting the offender to
profit by the effects of the
crime
➢ By concealing or
destroying the body of the
crime or the effects of
45 | P a g e
eds2022
instruments thereof, in
order to prevent is
discovery.
2 classes of Accessories:
➢ Public officers- any crime
(except light felony) who
abused his public functions
➢ Private persons – for
treason , parricide, murder
, attempt on the life of the
president , known to be
guilty of some other crime.
Note: The certain accessories can
become principals to certain special
penal laws
➢ If this be the case, then
accessories in the light
felonies , while not
criminally liable under the
revised penal code, wolud
incure liabilty under the
special laws
SECTION 2(A):
“Fencing” – Is the act of any person who
with intent to gain for himself or for
another, shall buy, receive , posses ,
keep , acquire, conceal , sell or dispose
of, or shall buy and sell , or in any other
manner, deal in any article, item, object
or anything of value, which he knows, or
should be known to him, to have been
derived from the proceeds of the crime of
robbery or theft.
PERSONAL REVIEWER CRIMINAL LAW 1
OBSTRUCTION OF JUSTICE
(PD 1829)
Significant section therein:
Harboring or concealing, or facilitating
the escape of, any person he knows, or
has reasonable ground to believe or
suspect, has committed any offense
under existing penal laws in order to
prevent his arrest prosecution and
conviction
ARTICLE 48: COMPLEX CRIMES
Codal Text: Article 48. Penalty for complex
crimes. - When a single act constitutes two
or more grave or less grave felonies, or when
an offense is a necessary means for
committing the other, the penalty for the most
serious crime shall be imposed, the same to
be applied in its maximum period.
KINDS:
Compound Crime- Single Act
constitutes 2 or more grave or
less grave felonies
Complex crime proper- Offense is
a necessary means for commiting
the other
➢ Only 1 crime in the the eyes of
the law
COMPOUND CRIMES:
Single act – Grave or less Grave felony and
come from a single act (cannot complex a
light felony) Treat it as separate offenses
CASE: ILLUSTRATION:
1.Victor Atitiw threw a grenade inside a room
occupied by Melvin, Joey and Chuck. Melvin
died, while Joey and Chuck were injured.
Joey would have died were it not for
immediate medical attenttion and Chuck
sustained several injuries.
Felonies: Melvin-Murder
46 | P a g e
eds2022
Joey – Furstrated
Chuck – Attempted Murder
1 offense only = Single act = Throwing of
Grenade = Resulted to 3 felonies
Compoun crime is present – File 1 case
Complex crime of murder with frustarted and
attempted murder (TITLE)
2.Victor Atitiw pointed his M-16, an automatic
rifle, and shot Melvin, Joey and Chuck.
Melvin died, while Joey and Chuck were
injured. Joey would have dies were it nor for
immediate medical attention and Chuck
sustained several injuries. How many
offense?
Answer: 3 offense
Reason: Each bullet under the law
repsent 1 act
Bullet A, B. C = Murder, Frustarted murder,
Attempted murder
Compound crime not present – File 3
Separate Cases
Compound Crimes
Direct Assault: Committed when a person
shall attack, employ force, or seriously
intimidate or resist any person in authority or
any of his agents, while engaged in the
performance of officiail duties, or on occasion
of such performance.
Direct Assualt with Physical injuries
Direct Assualt with Attempted Murder
Direct Assualt with Murder or
Homicide
But- No direct assault with Slight
physical injuries. Aside from the fact
that Slight Physical injuriy is a light
felony, it is inherent in Direct Assault
Summary: IN several Killings
PERSONAL REVIEWER CRIMINAL LAW 1
➢ When various victims expire
from separate shots, separate
crimes charged.
Exceptions: (DEALS WITH 2 or more
Perpetrators)
1.Lawas Doctrine (single criminal impulse
rule)
Provided:
a) Impossible to ascertain the
death killed by each accused and
b) No conspiracy between the perpetrators
2. Abella Doctrine {Prisoners} (Single
crimianal purpose rule)
Provided:
a) There is conspiracy
b) Killing were perpetrated by prisoners
against fellow prisoners
Art. 48 speaks of a single act. Lawas and
Abella clearly show multiple acts. Thus,
Lawas and Abella = NO legal basis
But: In the theory of single act, these cases
are applicable since there is no uncertainty
as to who killed who.
IMPORTANT PRINCIPLES IN RAPE
(Compound Crime)
➢ No rape with Physical injuries.
Or with coercion since PI is a
necessary consequence in
rape while coercion is
inherent.
➢ If victim was abducted
and raped several
times, observe the
rules:
a)Principal objective is to rape:
Forcible abduction and illegall detention
would be absorbed because it it merely
incidental to rape. But, if after the rape,
47 | P a g e
eds2022
accused is still detained the victim, rape and
illegal detention (People Vs. Conception)
b)Abduction with LEWD design
Forcible abduction with Rape (complex crime
proper) Subsewuent rape/ s not complexed
with FA. Treated as separate.
c)Intent is to deprive liberty
Special complex crime of Kidnapping with
Rape
ART.48 Complex Crime Proper:
Offense is a necessary means for committing
the other.
➢ Criminal resolution – offense-
offense
➢ Commit – as a necessary
means
The first offense committed to insure and
facilitate the commission of the next crime
Complex crime does not include:
A. Crime to conceal another
Ex. Public officer commited
malversation under RPC in order to
commit some falsify certain
documents, crime is complex crime of
malversation thru falsificaction, how
ever, a person who committed a
malversation to conceal the tracks he
committed falsify documents – not a
complex crime ( 2 cases, charge)
B. Crime is an element of the other
Example: Robbery in an uninhabited
place – Not complex is with tresspass to
Dwelling
C. Crime which has the same element
as the other
Example: Estafa – Damage on part of
the Victim
Falsification of private document – Separate
from estafa
D. Crime which is incidental to the other
PERSONAL REVIEWER
Complex crime Illustration:
Robert Banasen wanted to defraud Rais, a
rich spinster from Pugo. Thus , Robert sold a
lot to Rais for 1.8 million pesos. Turns out ,
the title of the lot sold by Robert was falsified.
CRIME: Estafa thru falsification of Public
Document
How many offense? 1 offense
The complex crime of Estafa thru falsification
of Public document
PEOPLE V. LAWAS
When in obedience to an order
several accused simultaneously shot
many persons, without evidence
how many each killed, there is only
one single offense, there being a
single criminal impulse (People v.
Lawas)
NOTE: This rule is applicable only
when there is no evidence at all to
show the number of persons killed by
each of several defendants.
The “single criminal impulse” has no legal
basis but is acceptable when it is not certain
who among the accused killed or injured
each of the several victims.
➢ The ruling in People v. Lawas
is not applicable when there
was conspiracy to perpetuate
the killings.
Note: If complex crime involves 2 or more
grave or less grave felonies, how do we
penalize the accused?
Answer: Impose the most serious crime in its
Maximum period.
Example :
1. Felony 1 – Reclusion temporal
Felony 2- Prision Correctional
Imposable – Reclusion temporal in its
MAXIMUM PERIOD
48 | P a g e
CRIMINAL LAW 1 eds2022
SCC CCA18
Offense Combination couched in general
comprising SCC terms – grave/less grave or A as a
fixed by law necessary means to commit B
Violates one Violates 2 provisions, but only 1
provision penalty under Art 48
2. Felony 1 -Prision mayor
Felony 2 – Arresto Mayor
Imposable- Prision mayor in its
maximum period
3. Felony 1- Prision mayor
Felony 2 – Prision mayor
Imposable – Prision mayor in its maximum
period
Syllabus case: People Vs Jugueta
Ruling: Ireneo Jugueta GUILTY beyond
reasonable doubt of two (2) counts of the
crime of murder defined under Article 248 of
the Revised Penal Code, attended by the
aggravating circumstance of dwelling, and
hereby sentences him to suffer two (2) terms
of reclusion perpetua without eligibility for
parole under R.A. 9346
PLURALITY:
Successive execution by the same individual
of different criminal acts upon which no
conviction has yet been declared.
KINDS:
Formal or Ideal – One criminal liability
Real or Material – Offender punished for
each and every offense committed
Special complex crimes:
2 separate felonies but treated as single
indivisible penalties
➢ One provision specifies the
crimes and the penalty. Thus,
not complex crimes under Art.
48
➢ ART.267- Kidnapping with
homicide, with rape, with
serious PI
PERSONAL REVIEWER CRIMINAL LAW 1
➢ Art. 294- Robbery with
homicide, with rape, with
mutilation, with arson, with
serious PI
➢ Art.297 – Attempted robbery
with homicide
➢ Art. 320 – Arson with
homicide
CONTINUED CRIME:
Offender is impelled by a Single criminal
impulse but committed a series of overt acts
at about the same time in about the same
place and all acts violate one and the same
provision of the law.
Example:
Stealing 13 cows belonging to different
owners committed at the same place and
time and the same period of time.
Continuing crime( Transitory crimes)
➢ In criminal procedure, one
where any of the elements of
the offense were committed in
different localities, where
accused may be indicted in
any of those localities.
➢ Continuing in crime, e.g.
Rebellion which started year
ago and continuing upto the
present.
Examples:
1.Rebellion, insurection, conspiracy and
proposal to commit such crimes.
2.Squatting
3.Violation of BP 22
4.Abduction and Kidnapping
49 | P a g e
eds2022
PART X. PENALTIES:
Art.21-25 RPC
Codal Text
Article 21. Penalties that may be imposed. - No
felony shall be punishable by any penalty not
prescribed by law prior to its commission.
Article 22. Retroactive effect of penal laws. -
Penal Laws shall have a retroactive effect insofar
as they favor the persons guilty of a felony, who
is not a habitual criminal, as this term is defined
in Rule 5 of Article 62 of this Code, although at
the time of the publication of such laws a final
sentence has been pronounced and the convict
is serving the same.
Article 23. Effect of pardon by the offended party.
- A pardon of the offended party does not
extinguish criminal action except as provided in
Article 344 of this Code; but civil liability with
regard to the interest of the injured party is
extinguished by his express waiver.
Article 24. Measures of prevention or safety
which are nor considered penalties. - The
following shall not be considered as penalties:
1. The arrest and temporary detention of accused
persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
confinement in a hospital.
2. The commitment of a minor to any of the
institutions mentioned in Article 80 and for the
purposes specified therein.
3. Suspension from the employment of public
office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures which, in
the exercise of their administrative disciplinary
powers, superior officials may impose upon their
subordinates.
5. Deprivation of rights and the reparations which
the civil laws may establish in penal form.
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

CLASSIFICATION OF PENALTIES ➢ Suspension from public office,

the right to vote and be voted for,
Article 25. Penalties which may be imposed. - The the profession or calling.
penalties which may be imposed according to this ➢ Civil interdiction,
Code, and their different classes, are those
included in the following:

Forfeiture or confiscation of instruments and

Scale proceeds of the offense,
Principal Penalties Payment of costs.
Capital punishment:
Death. Duration and Effect of Penalties (Art. 27-45)

Afflictive penalties: Application of Penalties (Art.46-88)

➢ Punishment imposed by
➢ Reclusion perpetua, lawful authority
➢ Reclusion temporal, (1) Article 40. Death - perpetual absolute
➢ Perpetual or temporary absolute disqualification, and civil interdiction during
disqualification
30 years following date of sentence;
➢ Perpetual or temporary special
disqualification,
(2) Article 41. Reclusion perpetua and
➢ Prision mayor. reclusion temporal - civil interdiction for life
or during the period of the sentence as the
Correctional penalties: case may be, and perpetual absolute
disqualification;
➢ Prision correccional, (3) Article 42. Prision mayor - temporary
➢ Arresto mayor, absolute disqualification perpetual special
➢ Suspension, disqualification from the right of suffrage;
➢ Destierro. (4) Article 43. Prision correccional –
suspension from public office, from the right
Light penalties:
to follow a profession or calling, and
➢ Arresto menor, perpetual special disqualification from the
➢ Public censure. rights of suffrage if the duration of said
imprisonment shall exceed 18 months.
Penalties common to the three preceding (5) Article 44. Arresto - suspension of the
classes: right to hold office and the right of suffrage
during the term of the sentence.
➢ Fine, and There are accessory penalties which are true
➢ Bond to keep the peace. to other principal penalties. An example is
the penalty of civil interdiction. This is an
Accessory Penalties
accessory penalty and, as provided in Article
➢ Perpetual or temporary absolute 34, a convict sentenced to civil interdiction
disqualification, suffers certain disqualification during the
➢ Perpetual or temporary special term of the sentence.
disqualification,

50 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1
Characteristics:
➢ Graduated
➢ Divided into three periods
(Except Reclusion Perpetua)
➢ Classified as principal or
Accesory
➢ Understood to be a degree for
purpose of lowering penalty
under Art. 61 in appying the
ISL or owing to PMC
Art.21-22
Art.21- Nullum crimen nulla poena sine lege
Art. 22- Prospectivity
Art.29 Deduction of Preventive
Imprisonment
Preventive imprisonment- to prevent the
accused from going into hiding
Bail, as a constitutional right
Preventinve imprisonment is to be credited to
prison sentence if PDL agrees in writing ro
abide by the same disciplinary rules imposed
on convicts unless :
A)accuses is a recidivist
B) upon being summoned for the execution
sentence they failed to surrender voluntarily
If dis aagree 4/5 credit
Art.39 Subsidiary Penalty
Takes place of the fine imposed upon
insolvent convicts. Must be stated in
the decesion
Computation – Highest maximum
wage in the country = 1 day ( 8.00 per
day ammended by RA 10159)
If penalty imposed Is purely fine
➢ Grave or less grave – SI not
to excedd in 6 months
51 | P a g e
eds2022
➢ Light felony – SI not to exceed
in 15 days
If fine is imprisonment – Should not be higher
than prision correctional, then SI should be
the LEAST among the following :
➢ 1/3 of the principal penalty
➢ Fine divided by highest
minumum wage
➢ 1 year
Art.38 Pecuniary Liability
Owed to the offended party for
reparation of the damage caused and
indemnification of consequential
damages and those owing to the
government in the form of fine and
costs of proceedings.
Person criminally liable is also civilly
liable, ART.100 RPC
APPLICATION OF PENALTIES Art.46-88:
1. Indeterminate Sentence Law (Act.
NO. 4103 as amended by Act. No.
4225)
▪ Courts after imposing a penalty
are mandated to determine a
minimum term
▪ Determination of Maximum
penalty is made by applying the
rules under the RPC
▪ After Determining the Maximum
term, determine the minimum
term from the penalty next lower
in degree prescribed under the RPC
▪ Minimum shall be taken from any
period o fthe next lower in degree
Reclusion temporal Penalty
prescribed in RPC
Prision mayor Penalty next lower
Decision would come out as :
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

Reclusion temporal – 13 years as maximum Rule for Graduating Penalties: Art. 61

Prision Mayor - 8 years as minimum In the case in which the law prescribed a
penalty lower or higher by one or more
XXXBoyet is hereby sentenced to suffer the degrees than another given penalty, the rules
penalty of imprisonment for an indeterminate prescribed in Article 61 shall be observed in
period of eight (8) year of prision mayor, as graduating such penalty. The lower or higher
minimum to 13 years of reclusion temporal , penalty shall be take from the graduated
ax maximum.XXX scale in which is comprised the given
penalty. The courts, in applying such lower or
Question: Need to impose an indeterminate higher penalty, shall observe the following
sentence? graduated scales:
➢ If the convict serves the
minimum, he would be eligible 1. If penalty prescribed is single and
for parole indivsible, penalty lower in degree
shall be that immediately following
➢ No ISLAW in the following that indivisible penalty in the
screnarios: respective graduated scale
prescribed in Art. 71
a. Indivisible penalties Reclusion Perpetua – Penalty prescribed
b. Prison terms of not for rape
more that 1 year or Reclusion Temporal – Penalty next lower
less in degree
c. Treason (PCM),
Rebellion, Espionage, People v. Jacinto Gr. No. 182239, 16 March 2011
Sedition, Piracy
d. HDs, escapes, Trial court imposed Death to Jacinto, a minor
evaders of sentence, ➢ Under Article 68 of RPC, when the
violators of conditional offender is a minor under 18 years,
pardon. the penalty next lower than that
Art. 61 for Graduating Penalties. Art. 71 prescribed by law shall be imposed,
but always in the proper period. For
Graduated Scales purposes of determining the proper
➢ Death penalty of death is still the penalty
➢ Reclusion Perpetua reckoned with. Thus, the proper
➢ Reclusion Temporal imposable penalty is reclusion
➢ Prision Mayor perpetua.
➢ Prision Correccional
➢ Arresto Mayor 2. When the penalty is composed of
➢ Destierro TWO indivisible penalties to be
➢ Arresto Menor imposed in their full extent, penalty
➢ Public Censure next lower in degree shall be that
➢ Fine immediately following the lesser of
the penalties prescribed in Art. 71

52 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

2 indivisible penalties: 4. When the penalty prescribes a

Death and Reclusion Perpetua – penalty for a crime in some manner
Penalty prescribed for serious illegal not specifically provided for in 1-4 by
detention analogy, courts shall impose
Reclusion temporal – Penalty next in corresponding penalties upon these
lower degree guilty as principles of the furstrated
felony , or an attempt to commit the
3. When the penalty is composed of one or same , and upon accomplices and
TWO indivisible penalties and the accessories.
maximum period of another divisible
penalty, the penalty next lower in degree Reclusion temporal
shall be composed of the medium and
➢ Maximum
minimum periods of the proper divisible
enalty and the maximum period of that
➢ Medium- Penalty imposed
immediately following in Art. 71 ➢ Minimum- Penalty next lower in
Death Penalty prescribed degree
Reclusion perpertua
Art.62: Effect on the Attendance of
Maximum MT or AGG circumstance and
Reclusion temporal Medium Habitual Delinquent
Minimum Penalty ➢ When in the comision of the crime,
Prision mayor Maximum next lower advantage was taken by the
Medium offender of his public position, the
Minimum penalty to be imposed shall be in its
When the penalty is comoposed of several maximum regardless of mitigating
periods, corressponding to different divisible circumstances.
penalties, penalty next lower in degree shall be
composed of the period immediately following the ➢ Habitual Delinquent:
minimum prescribed 3rd conviction – Additional penalty of
and of the two next following, which shall be taken prision correctional in its medium
from the penalty prescribe, if possible, otherwise and maximum periods
, from the penalty immediately following Art. 71
4th Conviction – Additional penalty of
prision mayor in its minimum and
Reclusion temporal -Maximum
medium periods
Medium Penalty
5th onward – Additional penalty of
Minimum Prescribed
prision mayor in its maximum period
to reclusion temporal in its minimum
Maximum
period
Prision maypr Medium
Minimum Penaltynext Art. 63: Rules for the application of
Lower in indivisible penalties :

Prision correctional - Maximum degree ➢ In all cases in which the law

Medium prescribes a single indivisible
Minimum penalty, it shall be applied by the

53 | P a g e
PERSONAL REVIEWER CRIMINAL LAW 1
courts regarledd of any mitigating or
aggravating circumstances that may
have attended the commission of the
deed.
➢ In all cases in which the law
prescribes a penalty composed of 2
indivisible penaltues, the following
rules shall be observed in the
application thereof:
1. When in the commision of the
deed there is present only 1 AC,
the greater penalty shall be
applied
2. When there are neither MC or
AGG circumstances and there is
no AC, the lesser penalty shall be
applied
3. When the comision of the act is
attended by some MC and there
is no AC, the lesser penalty shall
be applied
4. When both MC and AGG
circumstance attended in the
comssion of the act, the court
shall reasonably allow them to
offeset one another in
consideration of their number and
importance, for the purpose of
applying the penalty in
accordance with the preceding
rules, according to the result of
such compensation.
Art.64: Rules for the application of Divisible
Penalties
➢ If penalty is entirety, no problem, i.e.
Prision Correctional
➢ In cases in which the penalty
prescribed by law is not composed of
three periods, the court shall divide
into three equal portions of time,
included in the penalty prescribed,
54 | P a g e
eds2022
and forming one period of each of the
three portions.
ILLUSTRATION:
The penalty for malverastion under
paragraph 2 of Article 217 of the RPC is
prision mayor in its minimum and
medium period. The duration of “prision
mayor” in its minimum and medium
perios is 6 years and 1 dy to 10years.
Step1: Deduct the beginning fro the end of
the duration of the penalty
10years (upperlimit)
-6 years and 1 day (lower limit)
-1day
4 years – time included in the duration of the
penalty
Step2:Divide the difference by 3
corresponding to the 3 periods:
4years/3 = 1 year and 4 months – 1/3 of the
penalty
Step3: Add quotient in s2 to the beginning of
each period starting with the minimum.
6years + 1 year and 4 months = 7 years and
4 months
7y + 1year4mos = 8y8mos
8y8mos + 1year4m= 10years
Final Step: Add one day to the lower limit of
the medium and maximum period to
Distinguish it from upper limit of immediately
preceding period, therefore, prescribed
penalty in its minimum and medium periods,
ranges from:
MINIMUM- 6 years to 7 years and 4 months
Medium – 7 years , 4 months and 1 day to 8
years and 8 months
Maximum- 8 years and 8 months and 1 day
to 10years
PERSONAL REVIEWER CRIMINAL LAW 1
Art. 70: Successive Service of Sentence:
➢ In multiple sentences , culprit can
serve them simultaneously if the
nature of the penalties permit.
Otherwise, service must be made
successively.
➢ Successive service must observe the
limitations:
Three fold rule- Maximum duration
of the sentence shall not be more
than three fold the length of the time
corresponding to the most sever of
the penalties imposed.
In no case shall successvie
service exceed 40 years
Art. 77: Complex Penalty
➢ Penalty composed of three distinct
penalties
➢ Each penalty forms part of a period
➢ For example, Art. 114 of the RPC
imposes reclusion temporal to death
Death- Maximum period
Reclusion Perpetua- Medium period
Reclusion temporal- Minimum period
Prision mayor – Next lower in Degree
(Art. 61)
REMEDIES in General:
➢ If accused elects to serve sentence,
presupposes that he waived post-
judgement remedies or he/he already
exhausted the same
Remedies:
➢ Appeal
➢ Probation
➢ Community Service
PROBATION LAW:
PD 968 as ammended by RA10707
➢
55 | P a g e
eds2022
Disposition after conviction and
sentence where convict is release
subject to condition imposed by the
court and to the supervision of PPA
➢ Governed by PD968, as amended by
RA10707
➢ Mere previlage , not a right
➢ Discretionary on the part of the court
➢ File application within the period
required for perfecting an appeal.
Probation and appeal are mutually
exclusive remedies.
RA9346: Non-imposition of Death Penalty
➢ In lieu of the death penalty, the
following shall be imposed.
(a) the penalty of reclusion perpetua, when
the law violated makes use of the
nomenclature of the penalties of the Revised
Penal Code; or
(b) the penalty of life imprisonment, when the
law violated does not make use of the
nomenclature of the penalties of the Revised
Penal Code.
RA10630: Strenhtening the Juvenile Justice
System:
➢ TITLE:AN ACT STRENGTHENING
THE JUVENILE JUSTICE SYSTEM
IN THE PHILIPPINES, AMENDING
FOR THE PURPOSE REPUBLIC
ACT NO. 9344, OTHERWISE
KNOWN AS THE “JUVENILE
JUSTICE AND WELFARE ACT OF
2006” AND APPROPRIATING
FUNDS THEREFOR
PERSONAL REVIEWER CRIMINAL LAW 1
XI. Modification and Extinction of
Criminal Liabilities
A. Total Extinction of Criminal liability
Article 89-93 Revised Penal Code
B. Partial Extinction of Criminal Liability
Article 94-99 RPC, as amended by
RA10592
TOTAL EXTINCTION OF CRIMINAL
LIABILITY
➢ Death
➢ Service of Sentence
➢ Amnesty
➢ Absolute pardon
➢ Prescription of Crime
➢ Prescription of Penalty
Death
o Liability is personal
o Civil liability arising from crime is olny
extinguished when death occurs
before final judgement
o If pending appeal, criminal liablity
and civil liability ex delicto are
distinguished. Those arising from
other sources of obligation (law,
contracts, quasicontracts and quasi-
delicts) not extinguied and can be
filed in a separate civil case against
the estate of the acused.
Prescription of Crimes
➢ Period with in which to file the case. If
beyond,case is deemed to have
prescribed.
➢ Death, reclusion perpetua, reclusion
temporal -20years
➢ Prision mayor- 15 years
➢ Prision correctional – 10years
➢ Arresto mayor – 5 years
➢ Libel – 1 year
➢ Oral defamation and slander by
Deed- 6 months
➢ Arresto menor -2 months
56 | P a g e
eds2022
Period of prescription shall
commence to run from the
day of violation or on which
the crime was discovered.
Interrupted upon filing of
complaint or information, as
the case maybe
Prescription for crimes,
punishable under special
penal laws, governed by
Act.3326
CASE IN LEC.
Boyet published a libelous remark againts
Maria on January 1, 2000. Maria read the
article on the same day. Maria filed a case for
libel againts Boyet on December 29, 2000.
Can we consider to have prescibed?
No. Until January 1, 2001 to file.
Commencement of prescriptive period:
January 1, 2000
Crime and prescriptive period: Libel, 1 year
PRESCRIPTION OF PENALTIES
➢ Period with in which to penalize the
accused. If beyond, the state loses its
right to penalize the accused
➢ Occurs when convict escapes from
detention or evades service of
sentence
➢ Death , Reclusion Perpetua –
20years
➢ Reclusion temporal and Prision
mayor -15 years
➢ Prision correctional – 10 years
➢ Arresto mayor – 5 years
➢ Arresto Menor – 1 year
➢ IN prescription of crime,consider the
penalty prescribed by law, in
prescription of penalties, consider the
penalty imposed by court.
➢ Period of prescription shall
commence to run from the day culprit
evaded sentence.
PERSONAL REVIEWER CRIMINAL LAW 1 eds2022

➢ Interrupted upon surrender, evasion CIVIL LIABILITY (Article 100) every person
criminally liable for a felony is also civilly liable.
to a foreign country where PH has no
Principles:
extradition treaty, or should commit
Acquittal bars civil liability where:
another crime befroe expiration of
➢ Accused did not commit the acts
prescription.
imputed to him or
➢ He was not guilty of criminal or civil
PARTIAL EXTINTION OF
negligence
CRIMINAL LIABILITY
Acquittal Does not Bar civil liabilty where:
➢ Conditional pardon
➢ Based on reasonable doubt
➢ Commutation of Sentence
➢ Court declared the accused is not
➢ Good conduct Time allowance which
criminally liable, but only civilly liable.
culprit may ear while he is undergoing
And
preventive imprisonement or serving
➢ Civil liability does not arise or is not
his sentence
based upon the criminal act of which
Good conduct time allowance (as
the accused was acquitted.
RA10952 ammended)
INCLUDES:
o First 2 years of imprisonement –
1. Restitution or reparation of damage
deduct 20 days for each month of
caused
good behavior
2. Indemnification of consequential
o 3-5th year- 23 days each month
damages
o 6-10th year- 30 days each month
Article 101 RPC:
o 11th and succeeding year –
Insane, imbecile, minor
30+15days
State of necessity
o On top of the above -enumerated
If UF- Primary
another deduction of 15 days for each
month of study, teachinh, or
Person who employed if UF- Seconday
monitoring service time rendered
actor
Primarily liable: Accused
ARTICLE 98
Persons subsidiarily liable:
Special time allowance as ammended by
➢ In keepers, tavern keepers,
RA10592
propreitors of establishments (Art.
➢ If calamity or other catastrophe
102, RPC) – in crimes committed with
transpired which led to prisoner to
in their establishment where they or
evade sentence and he surrenders
their employess committed a
with in 48hours following issuance of
violation of municipal ordinance or
a proclamation announcing the
some general police regulations.
passing away of such calamity or
catastrophe. REFERENCES:
➢ Deduction of 1/5 period of his
sentence Lecture Notes (Pros. B.Angeles)
Criminal Law, Reyes (Book)
➢ To those who decide to stay despite The Revised Penal Code of the Philippines
calamity or catastrophe Google ( San Beda, Vallente, Campanilla Reviewers of Book 1)
➢ 2/5

57 | P a g e