REVIEW NOTES IN JURISPRUDENCE- RPC BOOK 1
CODE: #D6B1D7V
Transcribed by: Evita Nadja T. Bayubay-Power
HISTORY
Maragtas Code- 1250
Code of Kalantiaw- Oldest penal code, Datu Sumangil
SPANISH ERA: Royal Decree od 1870
 Took effect in the Philippines July 14, 1876
 Dis not cater to the customs & traditions of Filipinos.
Rafael Del Pan- created the correctional code
Ancaleto Diaz- head committee created the present Penal
Code in 1927
December 08,1930- creation of the present penal code
January 011, 1932- Revised Penal Code (date of effectivity)
Act 3815- An Act Revising the Penal Code and other Penal
Laws.
DEFINITION OF TERMS
Law- is a rule of conduct, just and obligatory, promulgated by
competent authority for common observance and benefit.
 Rule of conduct- something that tells you what you
should and shouldn’t do
 Just and obligatory- fair and applicable to all
 Competent authority- Congress
Criminal Law- it the branch of public substantive law which
defines crimes, treats of their nature and provide for their
punishment.
 Substantive- because it defines state’s right to inflict
punishment and the liability of the offender.
 Public Law- it deals with the relation of individuals
with the state.
Crime- an act or omission punishable by law.
Felony- an act or omission punishable by the RPC
Offense- an act or omission punishable by SPL
Misdemeanor- Infractions
Omission-
Act- bodily movement
THEORIES UNDERLYING CRIMINAL LAW SYSTEM
1. Classical Theory
 Human freewill
 An eye for an eye, a tooth for a tooth.
 Retribution
2. Positivist/Realistic Theory
 Crimes are regarded as a social phenomenon, which
constrains a person to do wrong although not his own
volition.
 Reformation
3. Eclectic or Mixed Theory
 Combines both classical and positivist
 We use classical for heinous crimes while for
economic crimes we use positivist
BAXIC MAXIMS IN CRIMINAL LAW
1. Doctrine of Pro Reo
 whenever a penal law is to be construed or applied
with two interpretations, one lenient to the offender
and one strict, the one which is lenient or favorable to
the offender, will be adopted.
2. Nullum Crimen, Nulla Poena Sine Legis
 There is no crime when there is no law punishing it.
HEX
3. Actus Non Facit Reum, Nisi Mens Sit Rea
 The act cannot be criminal if the mind is not criminal
4. Actus me invito factus non est meus actus
 An act done by me against my will is not my act.
CHARACTERISTICS OF CRIMINAL LAW
1. GENERALITY
 The law is binding upon all person who reside or
sojourn in the Philippines.
Exceptions
1. Treaties
2. Laws of preferential applications
3. Principle of Public International Law
Person Exempted
 Sovereigns and Chief of State
 Ambassadors, minister plenipotentiary, minister
resident, and charge’s d’ affaires
o Included are their official retinue
 Note: Consuls is not entitled.
2. TERRITORIALITY
 The law is applicable to all crimes committed within
the limits of Philippine territory, which includes its
atmosphere, interior waters and maritime zone.
Exceptions
Art.2 of the RPC
3. IRRETROSPECTIVITY OR PROSPECTIVITY
 That the law does not have retroactive effect
Exceptions
 When the penal law is favorable to the accused
Exemption to the exceptions
 If the accused is habitual delinquent
Art 2. EXTRA-TTERRITORIAL JURISDICTION
Rules as to jurisdiction over crime committed abroad a
foreign merchant vessel
A. FRENCH RULE
 General rule: Crimes are NOT triable in the courts of
the country.
Exceptions
 If their commission affects the peace and security of
the territory or the safety of the state is endangered.
B. ENGLISH RULE
 General Rule: Crimes are triable in the country.
Exceptions
They merely affect things within the vessel or they refer
to the internal management thereof.
 Note: English Rule is what is applied in the
Philippines
Merchant- more or less subject to territorial laws.
Warship- Territory of the country where they belong.
 Not subject to territorial laws.
Art.3 FELONIES
Elements of Felonies
1. There must be an act or omission
2. Such act must be punishable by RPC
3. Committed by Dolo or Culpa
REVIEW NOTES IN JURISPRUDENCE- RPC BOOK 1
CODE: #D6B1D7V
Transcribed by: Evita Nadja T. Bayubay-Power
MANNER OF THEIR COMMISSION
 Intentional Felonies- those committed with deliberate
intent or malice
 Culpable Felonies- Performed without malice.
Elements of Dolo and Culpa
Deceit (Dolo)- when the act is performed with deliberate
intent.
Requisites of Dolo or Malice
1. Freedom
2. Intelligence
3. Intent
Fault (Culpa)- when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
Requisites of Culpa
1. Freedom
2. Intelligence
3. Negligence and/or imprudence
INTENT V. MOTIVE
 INTENT
 Purpose to use particular means to affect such
result
 Element of a crime, except in malum prohibitum
 Essential in intentional felonies
 MOTIVE
 Moving power which impels crime
 NOT an element of crime
 Essential when the identity of the perpetrator is
in doubt.
Proximate Cause
 That cause, which, in natural and continuous
sequence, unbroken by any efficient intervening
cause, produces injury, and without which the
result would not have been committed.
Mala Inse
 An act mala inse is a wrong act from its very
nature as those punishable in the RPC
Malum Prohibita
 An act mala prohibita is wrong because the law
prohibits it. Without the law punishing it, it
cannot be considered wrong.
Art. 4 CRIMINAL LIABILITY
Criminal liability shall be incurred by any person.
1. Committing a felony (delito) although the wrongful
act done be different from that which he intended
 Error in Personae (Mistake in Identity)
 Intended victim was not at the crime scene of the
crime. Whichever crimes carries the lesser
penalty and that penalty imposed the maximum
period.
 Aberratio Ictus (Mistake in Blow)
 Praeter Intentionem (The act exceeds the intent)
 The consequence exceeds the intent
2. Performing an act which would be an offense against
persons or property, were it not for the inherent
impossibility of its accomplishment or account of the
HEX
employment of inadequate or ineffectual means.
(Impossible Crime or Crime of last resort)
Elements of Impossible Crime
1. Against person or property
2. Done with evil intent
3. Inherently impossible, means employed is either
inadequate or ineffectual.
4. Should not constitute a violation of another provision
of the RPC.
Question: Are impossible crime punishable?
Answer: Yes, to suppress the criminal propensity or criminal
tendency.
Art. 6 STAGES IN THE COMMISSION OF FELONY
1. CONSUMATED FELONY
 When all the element necessary for its execution
and accomplished are present.
2. FRUSTRATED FELONY
 When the offender performs an all the act of
execution, which would produce a felony as a
consequence, but, which, nevertheless, do not
produce it by reason off causes independent of
the will of the perpetrator.
3. ATTEMPTED FELONY
 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 causes or
accident other than his own spontaneous
desistance.
Desistance on the part that the offender negates criminal
liability on the attempted stage of the felony.
DEVELOPMENT OF CRIME
1. Internal acts- mere ideas in the mind of a person, are
not punishable even if they would constitute a crime,
had they been carried out.
2. External Acts
o Preparatory acts
o Acts of execution
Preparatory Acts
 Are ordinarily not punishable.
 But preparatory acts, considered by law as
independent crimes, are punishable
(eg: the possession of picklocks under Asst 304,
which is considered as preparatory act for
commission of robbery)
Acts of Execution
 Are punishable under RPC
IN DECIDING WHETHER A FELONY IS ATTEMPTED
OR FRUSTRATED OR CONSUMATED (3 Criteria)
1. The matter of the commission of the crime
2. The elements of the crime
3. The nature of the crime itself
Formal Crimes- crimes committed at the first instance or by
single act.
Material Crimes- 3 stages of execution
REVIEW NOTES IN JURISPRUDENCE- RPC BOOK 1
CODE: #D6B1D7V
Transcribed by: Evita Nadja T. Bayubay-Power
As to gravity
 Grave Felonies- those which the law attaches the
capital punishment or afflictive penalties.
 Less Grave Felonies- those with penalties which
in the maximum period
 Light Felonies- merely infractions of law
(Arresto menor or fine not exceeding 200php)
Art. 7 LIGHT FELONIES
General Rule: Light Felonies are punishable only when they
have been consummated.
Exceptions:
if committed against persons or property, punishable even if
attempted or frustrated.
 Only principal and accomplices are liable in light
felonies
 Accessories are not liable even if they are committed
against persons or property.
Art. 8 CONSPIRACY AND PROPOSAL TO COMMIT A
FELONY
Requisites of Conspiracy;
1. That two or more person;
2. Who came to an agreement;
3. That the agreement pertains to the commission of a
felony; and
4. They decided to commit a felony
Two ways for conspiracy to exist:
1. There is previous express agreement
2. The participants acted in concert or simultaneously
which is indicative off a meeting of the minds
towards a common criminal objective. There is an
implied agreement.
Two kinds of Conspiracy:
1. Conspiracy as a crime
2. Conspiracy as a manner of incurring criminal liability
Conspiracy is NOT an overt act but a mere preparatory act.
Note: treason, rebellion, sedition and coup d’etat are the
ONLY crimes where conspiracy and proposal to commit to
them are punishable.
Requisites for Proposal:
1. A person has decided to commit a felony; and
2. After such decision, he proposes the execution of the
felony to some other person or persons.
CHAPTER 2
Art. 11 JUSTIFYING CIRCUMSTANCES
Justifying- those wherein the acts of a person is said in
accordance with the law hence he incurs no criminal and civil
liability.
1. SELF-DEFENSE
Requisites:
 There should be ana unlawful aggression
 Reasonable necessity of the means employed to
prevent or repel it.
 Lack of sufficient provocation on the part of the
person defending himself.
HEX
2. DEFENSE OF RELATIVES (spouse, ascendants,
descendants, brother or sisters or relatives by affinity
in the same degree and those by consanguinity within
the 4th civil degree)
Requisites:
 Unlawful aggression
 Reasonable necessity of the means employed to
prevent or repel it
 In the case of provocation was given by the person
attacked, that the one making the defense had no part
therein.
3. DEFENSE OF STRANGERS
Requisites:
 Unlawful aggression
 Reasonable necessity of the means employed to
prevent or repel it.
 Person defending be not induced by revenge,
resentment or other evil motive.
4. STATE OF NECESSITY
Doing an act which causes damage to another to avoid an evil
or injury.
Requisites:
 The evil to be avoided actually exist
 The injury feared be greater than that done to avoid
it
 There be no other practical and less harmful means
of preventing it.
5. FULFFILLMENTT OF DUTY
Requisites:
 Accused acted in the performance off a duty or in a
lawful exercise of a right or office
 The offense committed be the necessary
consequence of the due performance of the duty or
exercise of a right or office
6. OBEDIENCE TO SUPERIOR ORDER for lawful
purposes.
 Order has been issued by a superior
 Such order must be lawful
 The means used by the subordinates to carry out said
order is lawful
Art. 12 EXEMPTING CIRCUMSTANCES
The exemption from the punishment is based on the complete
absence of intelligence, freedom of action, or intent, or on the
absence of negligence on the part of thee accused. Hence,
although there is no criminal liability, there is civil liability.
1. Imbecile or Insane Person
2. Person under age 9
3. A person over 9 and under 15 unless acted with
discernment.
Discernment- knowing right from wrong
4. A person while performing a lawful act with due
care, causes injury by mere accident without the
intention or fault of causing it.
5. Under the compulsion of irresistible force
REVIEW NOTES IN JURISPRUDENCE- RPC BOOK 1
CODE: #D6B1D7V
Transcribed by: Evita Nadja T. Bayubay-Power
6. Person who acts under the impulse of uncontrollable
fear of an equal or greater injury
7. Person who fails to perform an act required by law,
when prevented by some lawful or insuperable
cause.
CHAPTER 3
Art. 13 MITIGATING CIRCUMSTANCES
Those which do not entirely free the actor from criminal
liability but only serve to reduce the penalty.
1. Incomplete self-defense, defense of relatives or
strangers
2. Offender under 18 and over 70 years of age
3. No intent to commit so grave a wrong as that
committed
4. Sufficient provocation or the threat on the part of
the offended party immediately preceded the act
5. Act was committed I the immediate vindication of a
grave offense to the one committing the felony
6. Acted upon an impulse so powerful that produces
passion and obfuscation
Provocation v. Vindication
Provocation
 Made directly on the person committing the crime
 Cause need not to be a grave offense
 Must immediately preceded the act
Vindication
 May also be committed against the offender’s
relatives
 Mus be grave offense
 May be proximate cause
7. Voluntary surrender
Requisites:
 The offender has not been arrested
 He surrendered himself to a person in authority or
agent off a person in authority
 His surrender was voluntary
8. Physical defects that restrict means action, defense or
communication
9. Illness that would diminish of the will-power of the
offender without depriving the offender of hiss
consciousness
10. Other analogous circumstances
CHAPTER 4
Art. 14 AGGRAVATING CIRCUMSTANCES
Are those serve to increase the penalty without the maximum
of the penalty provide law for the offense.
Kinds Of Aggravating Circumstances
1. GENERIC- those that can generally apply to all
crimes
Usually: dwelling; nighttime; recidivism
2. SPECIFIC- those that apply only to particular crimes
Usually: Ignominy in crimes against chastity; Cruelty or
Treachery (alevosia) in crimes against persons.
3. QUALIFYING- those that change the nature of the
crime
HEX
Usually: Treachery (alevosia), or evident premeditation
qualifies the killing off a person to murder
4. INHERENT- those that must, of necessity,
accompany the commission of the crime.
Usually: evident premeditation in inherent in robbery,
theft, estafa, adultery, or concubinage.
5. SPECIAL- unique
Aggravating when the crime is committed in any or
through the following:
1. Advantage by the offender’s public position
2. In contempt of or with insult to the public authorities
3. With insult or disregard off the respect due the
offended party (rank, sex, age or if in the offended
party’s dwelling)
Dwelling- bahay/tirahan, a place for rest and comfort
4. With abuse of confidence and obvious ungratefulness
5. In the palace of the Chief Executive (in his presence,
where public are gathered in discharged in discharge
of their duties. Or in places of religious worship
6. In nighttime or in uninhabited place, or by band
Night time- period of darkness beginning at the end of
dusk and ending at dawn.
Band- more than three (3) armed male factor
7. Onn the occasion of conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune
8. With aide off armed men to insure or afford impunity
9. Accused is recidivist
10. Offender has been previously punished by an offense
with an equal or greater penalty or two or more
crimes with lighter penalty
11. In consideration off a price, reward or promise
12. By means of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage thereto,
derailment of locomotive, or by the use of any other
artifice involving great waste and ruin
13. With evident premeditation
Evident Premeditation- planning or preparation to kill
nor the time when the plot was conceived
14. Employing craft, fraud or disguise
Craft (Astucia)- use of intellectual trickery or cunning
Fraud- insidious words or machination used to induce a
victim to act in a manner which would enable the offender
to carry his design
15. Advantage be taken of superior strength, or means
employed to weaken the defense
16. With treachery
17. Means employed add ignominy to the natural effects
of the act
18. After an unlawful entry
19. A wall, roof, door, or window be broken
20. With the aid of persons under 15 years of age by
mean of motor vehicles, motorized watercrafts,
airships or other similar means
21. Deliberately augmenting by causing other wrong not
necessary for its commission
CHAPTER 5
REVIEW NOTES IN JURISPRUDENCE- RPC BOOK 1 HEX
CODE: #D6B1D7V
Transcribed by: Evita Nadja T. Bayubay-Power
Art. 15 ALTERNATIVE CIRCUMSTANCES Spouse, ascendants, descendants, legitimated or natural or
Those which either aggravating or mitigating according to the adopted brothers and sisters, or relative by affinity within the
nature and effects of the crime and other conditions attending same degree.
to commission. TITLE THREE
Intoxication Art. 21 PENALTIES THAT MAY BE IMPOSED
Mitigating: when the offender has committed aa felony in aa Only those provided by law prior to the commission of a
state off intoxication, if the same is not habitual or subsequent felony.
to the plan to commit said felony. Art. 22 RETROACTIVE EFFECT OF PENAL LAWS
Relationship Except if favorable to the accused who is not aa habitual
Generic Aggravating: in crimes of rape and acts of criminal.
lasciviousness. Art. 23 EFFECT OF PARDON BY THE OFFENDER
Degree of instruction or education of the offender. PARTY
TITLE TWO 1. The criminal action in public crimes is not
Art. 16 WHO ARE CRIMINALLY LIABLE extinguished.
1. Who are liable for grave and less grave felonies? 2. Regarding private crimes. Criminal liability is
a) Principals; extinguished
b) Accomplices; and 3. The civil liability with the respect to the interest of
c) Accessories the injured party in any crime, whether public or
2. Who are liable for light felonies? private, is extinguished by express waiver.
a) Principals; and Art. 25 CLASSIFICATION OF PENALTIES
b) Accomplices Scale of Penalties
Art. 17 WHO ARE PRINCIPALS 1. Capital Punishment- Death
1. Principal by direct participation 2. Afflictive Penalties
 Principal who takes direct part in the execution of a. Reclusion Perpetua
the act b. Reclusion Temporal
2. Principal by inducement c. Perpetual or temporary absolute disqualification
 Principal who directly forces or induces others to d. Perpetual or temporary special disqualification
commit a crime e. Prison Mayor
3. Principal by indispensable cooperation 3. Correctional Penalties
 Principals who cooperate in the commission of the a. Prision correctional
offense by another act without which it would not b. Arresto mayor
have been accomplished. c. Suspension
Art. 18 WHO ARE ACCOMPLICES d. Destierro
Those who are not being included in article 17, cooperate in 4. Light Penalties
the execution of the offense by previous or simultaneous acts. a. Arresto menor
Art 19. WHO ARE ACCESSORIES b. Public censure
1. Those who have knowledge in the commission of the 5. Penalties common to the three preceding classes
crime; a. Fine; and
2. Take part subsequent to its commission in any off the b. Bond to keep peace
following manner; Accessory Penalties
a. By profiting themselves or assisting the offender 1. Perpetual or temporary absolute disqualification
to profit from the effects of the crime; 2. Perpetual or temporary special disqualification
b. By concealing or destroying the body of the 3. Suspension from public office, the right to vote and
crime or the effects or instruments, in order to be voted for, the profession or calling
prevent its discovery; 4. Civil interdiction
c. By harboring, concealing, or assisting in the 5. Indemnification
escape of the principal of the crime if he acts 6. Forfeiture or confiscation of instruments and
with abuse of public functions or when the proceeds of the offense
author is guilty of treason, parricide, murder 7. Payment of cost
or attempt to take the life of the Chief
executive or known to be a habitually guilty of Art. 26 WHEN IS FINE AFFLICTIVE,
some crime. CORRECTIONAL OR LIGHT
Art. 20 EXEMPTED ACCESSORIES 1. AFFLICTIVE- more than 6,000
2. CORRECTIONAL- not less than 200 but not more
than 6,000
3. LIGHT- less than 200
REVIEW NOTES IN JURISPRUDENCE- RPC BOOK 1
CODE: #D6B1D7V
Transcribed by: Evita Nadja T. Bayubay-Power
Art. 27 DURATION OF PENALTIES
 Reclusion Perpetua- after serving 30 years the
convict may be pardoned;
 Reclusion Temporal- 12 years 11 day to 20 years
 Prison Mayor and Temporary Disqualification- 6
years 1 day to 12 years
 Prision Correctional, Destierro, Suspension- 6
months 1 day to 6 years
 Arresto Mayor- 1 month 1 day to 6 months
 Arresto Menor- 1 day to 30 days
 Bond to Keep Peace- such period of time as they
may require
Art. 28 COMPUTATION OF PENALTIES
If the offender shall be on prison, the terms of the duration of
the temporary penalties shall be computed from the day which
the judgment of conviction shall have become final.
Art. 29 OFFENDERS ENTITLED TO A DEDUCTION
OF THEIR PREVENTIVE IMPRISONMENT FROM
THE TERM OF IMPRISONMENT
If the detention prisoner agrees voluntarily in writing to abide
the same disciplinary rules imposed on convicted prisoners
Except:
1. He or she is a recidivist or convicted twice or more
times of any crime;
2. When summoned for the execution of his or her
sentence failed to surrender voluntarily.
Art. 36 EFFECTS OF PARDON BY THE CHIEF
EXECUTIVE
Exemption and Limitations
 Such power does not extend to cases of impeachment
 In election offenses, it can be exercised only upon
prior recommendation of the COMELEC;
Pardon by the Chief Executive v. Pardon by the offender
Pardon by the CE;
1. Extinguishes the criminal liability of the offender.
2. Cannot include civil liability which the offender must
pay.
3. Granted only after conviction, and may be extended
to any of the offenders.
Pardon by the Offended Party
1. Does NOT extinguish the criminal liability of the
offender.
2. Offended party can waive the civil liability which the
offender must pay.
3. Pardon should be given BEFORE the institution of
criminal prosecution, and must be extend to both/all
offenders.
Art. 37 WHAT ARE INCLUDED IN COST
1. Fees, indemnities in the course of judicial
proceedings;
2. Such may be fixed amounts already determined by
law or regulations or amounts subject to schedule.
Art. 38 PECUNIARY OF THE OFFENDER
HEX
 ORDER OF PAYMENT in the case the property of
the offender should not be sufficient for the payment
of all his pecuniary liabilities, the same shall be met
the following;
1. Reparation of the damage cost;
2. Indemnification of consequential damages;
3. Fine; and
4. Costs of the proceedings.
APPLICATION OF PENALTIES FOR COMPLEX
CRIMES
1. The penalty for most serious offense
 COMPOUND CRIME- is one where a single act
produces two or more crimes.
 COMPLEX CRIME PROPER- is one where the
offender has to commit an offense as a necessary
means for the commission of another offense.
Art. 48 PENALTY FFOR COMPLEX CRIME
SPECIAL COMPLEX CRIME- is one, which substance is
made up of more than one crime, but which in the eyes off the
law is only a single indivisible offense.
Example; Robbery with Homicide
CONTINUED CRIME- is one where the offender performs a
series of act violating one and the same penal provision
committed at the same place and about the same time for a
series of acts done, it is regarded in a law as one.
Art. 59 PENALTY FOR IMPOSABLE CRIMES
1. Arresto Maypr or a fine from 200-500;
2. In its imposition the court considers the social danger
and the degree of criminality shown by the offender;
and
3. The penalty cannot apply if the act performed would
constitute a light felony.
GRADUATION OF PENALTY
Art. 77 WHEN PENALTY IS A COMPLEX ONE
COMPOSED OFF THE THREE DISTINCT PENALTIES
A complex penalty is one prescribed by law composed of
three (3) distinct penalties, each forming a period; the lightest
of them shall be minimum, the next is medium, and the more
sever is the maximum penalty.
EXECUTION AND SERVICE OF PENALTIES
When and how penalty is to be executed.
1. No penalty shall be executed EXCEPT by virtue of a
final judgement;
2. A penalty shall not be executed in any other form
than the prescribed by law, nor with any other
circumstances or incidents than those expressly
authorized thereby.
3. Only penalty by final judgement can be executed.
SUSPENSION OF THE EXECUTTION AND SERVICE
OF THE PEANALTIES IN THE CASE OF INSANITY
1. When the convict becomes insane or imbecile after
final sentence has been pronounced, the execution of
said sentence is suspended only as regards the
personal penalty;
REVIEW NOTES IN JURISPRUDENCE- RPC BOOK 1
CODE: #D6B1D7V
Transcribed by: Evita Nadja T. Bayubay-Power
2. If he recovers his reason, his sentence shall be
executed, unless the penalty has prescribed;
3. Even if while above provisions shall be observed;
and
4. But the payment of his civil or pecuniary liabilities
shall not be suspended.
Art. 81 WHEN AND HOW THE DEATH PENALTY IS
TO BE EXECUTED
-convict sentenced to death may make a will.
Art. 83 SUSPENSION OF THE EXECUTION OF THE
DEATH SENTENCE
1. Women within three years following the date of the
sentence;
2. Women, while pregnant;
3. Person over 70 years of age;
4. Convict who becomes insane after final sentenced of
death has been pronounced. But when he recovers his
reason and before the penalty has prescribed, he may
be put to death.
Art. 84 PLACE OF EXECUTION AND PERSONS WHO
MAY WITNESS THE SAME
It should be at BILIBID or Penitentiary closed to the public
view and shall be witnessed only by the parties assisting the
offender like the Priest, his lawyers and his relatives not
exceeding six (6) and by such other persons as the Director of
Prisons may authorize.
Art. 85 PROVISIONS RELATED TO THE CORPSE OF
THE PERSON EXECUTED AND IT’S BURIAL
The burial of the body of the person sentenced to death should
not be held with pomp.
Art. 86 RECLUSION PERPETUA, RECLUSION
TEMPORAL, PRISON MAYOR CORRECCIONAL AND
ARRESTO MAYOR
These penalties shall be served in the places and penal
establishment provided by law in the future.
Art. 87 DESTIERRO
Not allowed staying in a place where the court not allowed
you to stay- not more than 250 kilometers and not less than 25
kilometers.
The penalty is imposed when;
1. When death or physical injuries caused or are
inflicted under exceptional circumstances (Art. 247)
2. When aa person falls to give bond for good behavior
(Art. 284)
3. As a penalty for the concubine in the crime of
concubinage (Art. 334)
4. When after lowering the penalty degrees, Destierro is
the proper penalty.
Art. 88 ARRESTO MENOR
1. This article provides that the penalty of Arresto
Menor may be served in the house of the defendant.
2. The grounds are the health of the offender and other
reasons satisfactory to the court.
TITTLE FOUR
HEX
TOTAL EXTINCTION OF CRIMINAL LIABILITY
ART. 89 HOW CRIMINAL LIABILITY IS TOTTALY
EXTINGUISHED
1. Death of the convict
2. Service of sentence
3. Amnesty, which completely extinguishes the penalty
and all its effects
4. Absolute Pardon
5. Prescription of crime
6. Prescription of penalty
7. Marriage of the offended women, as provided in Art.
344 RPC
Art. 90 PRESCRIPTION OF CRIMES
1. Death, Reclusion Perpetua or Temporal- 20 years
2. Afflictive Penalties- 15 years
3. Correctional Penalties 10 years (except Arresto
Mayor) – 5 years
4. Crime of Libel- 1 year
5. Oral Defamation and slander by deed- 6 months
6. Light Offenses- 2 months
Art. 91 COMPUTATION OF PRESCRIPTION OF
OFFENSES
1. The period of prescription commences to run from
the day on which the crime is discovered by the
offended party, the authorities or their agents;
2. The interrupted by the filling of the complaint or
information
3. It commences to run again when such proceedings
terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason
not imputable to him; and
4. The term of prescription shall not run when the
offender is absent from the Philippines.
Art. 92 PRESCRIPTION OF PENALTY
1. Death, Reclusion Perpetua - 20 years
2. Other Afflictive Penalties- 15 years
3. Correctional Penalties 10 years (except Arresto
Mayor) – 5 years
4. Light Penalties- 1 year
Art. 93 COMPUTATION OF THE PRESCRIPTION OF
PENALTIES
1. The penalty is imposed by final sentenced;
2. That the convict evaded the service of the sentence
by escaping during the term of his sentence;
3. That the convict who escaped from prison has not
given himself up, or been capture or gone to a foreign
country which we have no extradition treaty, or
committed another crime;
4. That the penalty prescribed, because of the lapse of
time from the date of the evasion of the service of the
sentence by the convict.
Note: The period of prescription of penalties commences to
run from the date when culprit evaded the services of his
sentence.
Art. 94 PARTIAL EXTINCTION OF CRIMINAL
LIABILITY
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Transcribed by: Evita Nadja T. Bayubay-Power
1. By conditional pardon;
2. By commutation of the service of the service of
sentence;
3. For good conduct time allowance which the convict
earns while he is serving his sentence.
Art. 96 EFFECT OF COMMUTATION OF SENTENCE
The commutation of the original sentence for another of a
different length and nature shall have the legal effect of
substituting the latter in the place of the former.
Art. 97 ALLOWANCE FOR GOOD CONDUCT
1. During the firs 2 years of his imprisonment, he shall
be allowed a deduction of five days for each month
of good behavior
2. During the 3rd to 5th year, inclusive of his
imprisonment, he shall be allowed aa deduction of
eight days for each month of good behavior
3. During the following years until 10 th year, inclusive,
of his imprisonment, he shall be allowed a deduction
off 10 days for each month of good behavior; and
4. During the 11th successive years of his imprisonment,
he shall be allowed a deduction of fifteen days for
each month of good behavior.
Art. 98 SPECIAL TIME ALLOWANCE FOR LOYALTY
It is deduction of 1/5 of the period of the sentence of a
prisoner, who having evaded the service of his sentence during
the calamity or catastrophe mentioned in Art. 158, gives
himself up to the authorities within 48 hours following the
issuance of the proclamation by the President announcing the
passing away of the calamity of the catastrophe.
Art. 99 WHO GRANTS THE TIME ALLOWANCE
The allowance for good behavior is not automatic right. It
must be granted by the Director of Prison, and once granted
cannot be revoked, and is exclusively vested in the Director of
Prisons.