Crim1 Notes Reyes Criminal Law 2

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CRIM1-Notes-Reyes - Criminal Law 1
Bachelor of Law-Major in Juris Prudence (University of Southern Mindanao)
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The Revised Penal Code Book 1

by Luis B. Reyes
LIMITATIONS ON ENACTIING PENAL LAWS

ACT NO. 3815 1. No ex post facto law or bill of attainder shall be enacted.
REVISED PENAL CODE 2. No person shall be held to answer for a criminal offense
without due process of law.
BOOK ONE EX POST FACTO LAW is one which:

1. Makes criminal an act done before the passage of the
PRELIMINARY TITLE. DATE OF EFFECTIVENESS AND law and which was innocent when done, and punishes
APPLICATION OF THE PROVISIONS OF THIS CODE such an act;
2. Aggravates a crime, or makes it greater than it was when
TITLE I: FELONIES AND CIRCUMSTANCES WHICH AFFECT
committed;
CRIMINAL LIABILITY
CHAPTER 1. FELONIES 3. Changes the punishment and inflicts a greater
CHAPTER 2. JUSTIFYING CIRCUMSTANCES punishment than the law annexed to the crime when
AND CIRCUMSTANCES WHICH committed;
EXEMPT FROM CRIMINAL 4. Alters the legal rules of evidence, and authorizes
LIABILITY conviction upon less or different testimony than the law
required at the time of commission of the offense;
TITLE II: PERSONS CRIMINALLY LIABLE FOR FELONIES 5. Assumes to regulate civil rights and remedies only, in
TITLE III: PENALTIES effect imposes penalty or deprivation of a right for
CHAPTER 1. PENALTIES IN GENERAL something which when done was lawful; and
CHAPTER 2. CLASSIFICATION OF PENALTIES 6. Deprives a person accused of a crime some lawful
CHAPTER 3. DURATION AND EFFECT OF
protection to which he has become entitled, such as the
PENALTIES
protection of a former conviction or acquittal, or a
CHAPTER 4. APPLICATION OF PENALTIES
proclamation of amnesty.
CHAPTER 5. EXECUTION AND SERVICE OF
PENALTIES
BILL OF ATTAINDER is a legislative act which inflicts punishment
TITLE IV. EXTINCTION OF CRIMINAL LIABILITY without trial; the substitution of a legislative act for a judicial
CHAPTER 1. TOTAL EXTINCTION OF CRIMINAL determination.
LIABILITY
CHAPTER 2, PARTIAL EXTINCTION OF CONSTITUTIONAL RIGHTS OF THE ACCUSED
CRIMINAL LIABILITY (As provided for in the Bill of Rights)
1. All persons shall have the right to a speedy disposition of
TITLE V. CIVIL LIABILITY their cases before all judicial, quasi-judicial, or
CHAPTER 1. PERSONS CIVILLY LIABLE FOR administrative bodies. (Sec 16)
FELONIES
CHAPTER 2. WHAT CIVIL LIABILITY INCLUDES
2. No person shall be held to answer for a criminal offense
CHAPTER 3. EXTINCTION AND SURVIVAL OF
CIVIL LIABILITY without due process of law. (Sec 14(1))
3. All persons, except those charged with reclusion

SPECIAL LAWS perpetua when evidence of guilt is strong, shall before
ANTI-FENCING LAW conviction, be bailable by sufficient sureties, or be
INDETERMINATE SENTENCE LAW released on recognizance as may be provided by law.
PROBATION LAW
THE CHILD AND YOUTH WELFARE CODE The right to bail shall not be impaired even when the
JUVENILE JUSTICE AND WELFARE ACT privilege of writ of habeas corpus is suspended.
Excessive bail shall not be required. (Sec 13)
CRIMINAL LAW is that branch or division of law which defines

4. In all criminal prosecutions, the accused shall be
crimes, treats of their nature, and provides for their punishment.
presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be
CRIME is an act committed or omitted in violation of a public law
informed of the nature and cause of the accusation
forbidding of commanding it.
against him, to have speedy, impartial, and public trial,
to meet the witnesses face to face, and to have
SOURCES OF PHILIPPINE CRIMINAL LAW
compulsory process to secure the attendance of
1. Revised Penal Code (Act No. 3815) and its amendments
witnesses and the production of evidence in his behalf.
2. Special Penal Laws
However, after arraignment, trial may proceed
3. Penal Presidential Decrees
notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear
COMMON LAW CRIMES. Body of principles, usages and rules of
is unjustifiable. (Sec 14(2))
action, which do not rest for their authority upon any express and
positive declaration of the will of the legislature
5. No person shall be compelled to witness against himself.
(Sec 17)
►Common law crimes are not recognized in Philippine jurisdiction.
Unless there is a provision in the penal code or special penal law
Any person under investigation for the commission of an
that defines and punishes the act, no criminal liability is incurred by
offense shall have the right to be informed of his right to
its commission.
remain silent and to have competent and independent
counsel preferably of his own choice.
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If the person cannot afford the services of counsel, he  Exceptions

must be provided with one. 1. Treaties or treaty stipulation
2. Law of preferential application
These rights cannot be waived except in writing and in 3. Principles of public international law
the presence of counsel. (Sec 12(1))
1. Treaties and Treaty Stipulation, example
No torture, force, violence, threat, intimidation, or any a. Visiting Forces Agreement. It is the membership to the US
other means which vitiate the free will shall be used Armed Forces and not citizenship which is material in the
against him. Secret detention places, solitary, VFA.
incommunicado, or other similar forms of detention are 1) The US shall have the right to exercise within the
prohibited. (Sec 12(2)) Philippines all criminal and disciplinary jurisdiction
conferred on them by the military law of the US over
Any confession or admission obtained in violation of this US personnel in the Philippines;
or Section 17 hereof shall be inadmissible in evidence 2) The US exercised exclusive jurisdiction over US
against him. (Sec 12(3)) military personnel with regard to offenses relating to
the security of the US punishable under the law of US,
6. Excessive fines shall not be imposed, nor cruel, degrading but nor under the law of Philippines;
or inhuman punishment inflicted (Sec 19(1)) 3) The US shall have primary right to exercise jurisdiction
over US military in relation to:
7. No person shall be twice put in jeopardy of punishment - Offenses solely against the property or
for the same offense. If an act is punished by law and an security of the US or offenses solely against
ordinance, conviction or acquittal under either shall the property or person of US personnel
constitute a bar to another prosecution for the same act. - Offenses arising out of any act or omission
(Sec 21) done in performance of official duty
4) Philippines cannot refuse the request of US for waiver
8. Free access to the courts and quasi-judicial bodies and of jurisdiction except if the crime is of national
adequate legal assistance shall not be denied to any importance:
person by reason of poverty.  Heinous Crimes under RA 7659
 Child Abuse cases under RA 7610
STATUTORY RIGHTS OF AN ACCUSED  Dangerous Drugs cases under RA 9165
(As provided for in Sec 1, Rule 115 of the Revised Rules on Criminal
Procedure) 2. Laws of Preferential Application
1. To be innocent until the contrary is proved beyond a. RA 75. The following are exempt from arrest and
reasonable doubt imprisonment and whose goods or chattel are exempt
2. To be informed of the nature and cause of the from distrain, seizure and attachment are the following:
accusation against him 1) Public Ministers;
3. To be present and defined in person and by counsel at 2) Ambassadors; and
every stage of the proceedings, from arraignment to 3) Domestic Servants of Ambassadors and Public
promulgation of judgment Ministers.
4. To testify as a witness in his own behalf but subject to
cross examination. His silence shall not in any manner  Exceptions: Persons against whom the case is
prejudice him. prosecuted is a
5. To be exempt from being compelled to be a witness - Citizen or inhabitant of the Philippines in
against himself. the service of an ambassador or public
6. To confront and cross-examine the witnesses against him minister and the process is founded upon a
at a trial. debt contracted before he entered upon
7. To have a compulsory process issued to secure the such service; and
attendance of witnesses and production of other - Domestic servant of an ambassador or
evidence in his behalf. public minister which is not registered with
8. To have a speedy, impartial, and public trial. the DFA
9. To appeal in all cases allowed and in the manner - Where the country of the diplomatic
prescribed by law. representative affected does not provide
similar protection to diplomatic
►Rights which may be waived are personal (eg right to representatives of the Philippines.
confrontation and cross examination), while those rights which
may not be waived involve public interest which may be affected b. Warship Rule. A warship of another country even though
(eg right to be informed of the nature and cause of the docked in the Philippines is considered as an extension of
accusation). the territory of their respective country. The same applies
to foreign embassies in the Philippines. Philippine warship
CHARACTERISTICS OF CRIMINAL LAW and embassies abroad are deemed extra territories of
A. General the Philippines.
B. Territorial
C. Prospective 3. Principles of Public International Law. The following are
exempted:
A. GENERAL. a. Sovereigns and other chiefs of state
►Criminal law is binding on all persons who live and sojourn in b. Charge d’affaires
Philippine territory. (Art 12 NCC) c. Ambassadors
d. Ministers plenipotentiary; and
e. Ministers resident.
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 Exception. Doctrine of immunity does not apply where

the public official is sued in his private and personal
capacity as an ordinary citizen.
B. TERRITORIAL.
►As a rule, the penal laws of the Philippines are enforceable only
within its territory.
 Article 2. RPC may be enforeced outside of Philippine
jurisdiction against those who:
1. Should commit an offense while on a Philippine ship
or airship;
2. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine
Islands;
3. Should be liable for acts connected with the
introduction into these islands of the obligations and
securities mentioned in the preceding number;
4. While being public officers or employees, should
commit an offense in the exercise of their functions;
or
5. Should commit any of the crimes against national
security and the law of nations, defined in Title One
of Book Two of this Code.
C. PROSPECTIVE.
►A penal law cannot make an act punishable in a manner in
which it was not punishable when committed. Crimes are
punished under the laws in force at the time of their commission.
(Art 366, RPC)
 Exception. Applied retroactively whenever a new statute
dealing with crime establishes conditions more lenient or
favorable to the accused
 Exception to Exception.
a. Where the law is expressly made inapplicable
to pending actions or existing causes of action
b. Where the offender is a habitual criminal
 (Decriminalization) 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. When the repeal is absolute, the offense
ceases to be criminal.
 Exception to Exception. When the repeal of a penal
law is by reenactment or repeal by implication,
criminal liability is not destroyed.
Habitual Delinquent. If within a period of ten years from the date

of his release or last conviction of the crimes robo, hurto, estafa, or
falsificacion, he is found guilty of any of said crimes a third time or
oftener.
►When the repealing law fails to penalize the offense under the
old law, the accused cannot be convicted under the new law.
CONSTRUCTION OF PENAL LAWS

►Penal laws are strictly construed against the Government and
liberally in favor of the accused. Dubio Pro Reo. Whenever a penal
law admits two interpretation that which is more lenient or
favorable to the offender will be adopted.
►The Spanish text is controlling because RPC was approved by
the Philippine Legislature in Spanish text.
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by Luis B. Reyes
PRELIMINARY TITLE ARTICLE 2. Application of Its Provisions. — Except as provided in

DATE OF EFFECTIVENESS AND APPLICATION the treaties and laws of preferential application, the provisions
OF THE PROVISIONS OF THIS CODE of this Code shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those
ARTICLE 1. Time When Act Takes Effect. — This Code shall take who:
effect on the first day of January, nineteen hundred and thirty-
two. 1. Should commit an offense while on a Philippine ship or
airship;
September 4, 1884 Royal Decree ordered that the Penal 2. Should forge or counterfeit any coin or currency note
Code in force in the Peninsula as of the Philippine Islands or obligations and securities
amended in accordance with the issued by the Government of the Philippine Islands;
recommendations of the code
committee be published and applied in 3. Should be liable for acts connected with the
the Philippines introduction into these islands of the obligations and
securities mentioned in the preceding number;
December 17, 1886 Royal Decree ordering the execution of
the Sept 4, 1884 Royal Decree
4. While being public officers or employees, should
March 13-14, 1887 Publication in the Official Gazette
commit an offense in the exercise of their functions; or
Four months after Became effective
(July 1887)
5. Should commit any of the crimes against national
December 8, 1930 RPC as enacted by the Philippine
security and the law of nations, defined in Title One of
Legislature was approved
Book Two of this Code.
January 1, 1932 RPC took effect
TWO BOOKS IN RPC ►The provisions of the RPC shall be enforced within the Philippine
1. BOOK 1 Archipelago.
a. Basic principles affecting criminal liability (Art 1-20)  Extraterritoriality. RPC may be enforced outside of
b. Provisions on penalties including criminal and civil Philippine jurisdiction in certain cases (per Article 2)
liability (Art 21-113) 1. Should commit an offense while on a Philippine ship
2. BOOK 2 or airship;
- Defines felonies with corresponding penalties 2. Should forge or counterfeit any coin or currency
classified and grouped under 14 different titles (Art note of the Philippine Islands or obligations and
114-365) securities issued by the Government of the Philippine
Islands;
TWO THEORIES IN CRIMINAL LAW 3. Should be liable for acts connected with the
CLASSICAL THEORY POSITIVIST THEORY introduction into these islands of the obligations and
Basis of criminal liability is free Man is subdued occasionally securities mentioned in the preceding number;
will by a strange and morbid 4. While being public officers or employees, should
phenomenon which commit an offense in the exercise of their functions;
constrains him to do wrong, in or
spite of or contrary to his 5. Should commit any of the crimes against national
volition security and the law of nations, defined in Title One
Purpose of penalty is It cannot be treated and of Book Two of this Code.
retribution; Establishes a checked by the application  Extraterritorial application of RA 9372 or the Human
mechanical and direct of abstract principles of law Security Act of 2007
proportion between crime and jurisprudence nor by the
and penalty imposition of punishment fixed OFFENSES COMMITTED WHILE ON A PHILIPPINE SHIP OR AIRSHIP
and determined a priori a. MECHANT SHIP OF PHILIPPINE NATIONALITY; registered
Places more stress in the effect Enforcement of individual with the Philippine Bureau of Customs
or result of the felonious act measures in each particular 1) Within Philippine territory. Philippines has jurisdiction
upon the man; Scant regard case after a thorough, 2) Within high seas, no country has jurisdiction.
to human element personal and individual
Philippines has jurisdiction
investigation by a psychiatrists
3) Within the territory of another country. Other country
and social scientists
has jurisdiction,
 BUT when that foreign country will not take
cognizance of the issue, Philippines can assume
jurisdiction
b. WARSHIP OR OFFICIAL VESSEL OF THE PRESIDENT OF THE

PHILIPPINES
- Extension of the Philippines and its sovereignty, RPC
applies
c. FOREIGN MERCHANT SHIP OR AIRSHIP

1) Within high seas. Extension of territory of the country
where it belongs, hence, an offense committed on
board a foreign vessel on the high seas is not triable
by Philippine courts
 Continuing crimes. When the forbidden
conditions (continued or) existed during the
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by Luis B. Reyes
time the ship was within territorial waters of the TITLE ONE
Philippines FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
2) ENGLISH RULE. Crimes committed on board a foreign
merchant vessel within Philippine waters is triable in CHAPTER ONE
the Philippines FELONIES
 Unless they merely affect things within the
vessel or they refer to the internal management ARTICLE 3. Definition. — Acts and omissions punishable by law
thereof; e. g. mere possession of opium without are felonies (delitos).
using them is not triable in Philippine courts
Felonies are committed not only by means of deceit (dolo) but
also by means of fault (culpa).
[FRENCH RULE. Crimes committed aboard
foreign merchant vessels while in the territorial There is deceit when the act is performed with deliberate intent;
waters of another country are not triable in the and there is fault when the wrongful act results from
courts of that country, unless their commission imprudence, negligence, lack of foresight, or lack of skill.
affects the peace and security of the territory
or the safety of the state is endangered]
FELONIES are acts and omissions punishable by the Revised Penal
Code.
OFFENSES COMMITTED IN THE EXERCISE OF PUBLIC OFFICER/
EMPLOYEE’S FUNCTIONS CRIME is a generic term used to refer to a wrongdoing punished
a. Direct and indirect bribery either under the RPC or special laws; an act committed or omitted
b. Frauds against the public treasury in violation of a public law forbidding or commanding it
c. Possession of prohibited interest
d. Malversation of public funds or property OFFENSE is an act or omission that violates a special penal law
e. Failure of accountable officer to render accounts
f. Illegal use of public funds or property MISDEMEANOR is a minor infraction of law.
g. Failure to make delivery of public funds or property
h. Falsification by a public officer or employee committed ELEMENTS OF FELONIES
with abuse of his official position 1. There must be an act or omission
2. The act or omission must be punishable by the RPC
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 3. The act is performed or the omission incurred by means
1. Treason of dolo or culpa
2. Conspiracy and proposal to commit treason
3. Espionage ACT is any bodily movement tending to produce some effect in
4. Inciting to war and giving motives for reprisals the external world, it being unnecessary that the same be actually
5. Violation of neutrality produced, as the possibility of its production is sufficient; must be
6. Correspondence with hostile country external acts which has direct connection with the felony
7. Flight to enemy’s country intended to be committed
8. Piracy and mutiny on the high seas
OMISSION is meant inaction, or the failure to perform a positive
duty which one is bound to do as required by law.
NULLUM CRIMEN, NULLA POENA SINE LEGE

There is no crime where there is no law punishing it
CLASSIFICATION OF FELONIES
1. INTENTIONAL FELONIES (DOLO). The acts or omissions are
malicious and that the act is performed with deliberate
intent; the offender has the intention to cause injury to
another
2. CULPABLE FELONIES (CULPA). The act or omission is not
malicious; the injury caused by the offender to another
person is not intentional, it being simply the incident of
another act performed without malice; results from
imprudence, negligence or lack of foresights or lack of
skill
DOLO or MALICE is the intent to do an injury to another.
REQUISITES OF INTENTIONAL FELONIES (DOLO)

1. Freedom. Voluntariness on the part of the person to
commit the act or omission; Lack of freedom makes the
offender exempt from liability
2. Intelligence. Necessary to determine the morality of
human acts, without which, no crime can exist.
3. Intent. Criminal intent and the will to commit; a mental
state which is shown by the overt acts of a person
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REQUISITES OF CULPABLE FELONIES (CULPA)  When such special law is an amendment to the RPC
1. Freedom  When acts are inherently immoral, they are mala in se,
2. Intelligence even if punished under special law
3. Imprudence, Negligence, or lack of foresight or skill while
doing the act or omitting to do the act INTENT V MOTIVE
INTENT MOTIVE
IMPRUDENCE indicates a deficiency of action; lack of skill; when a The purpose to use a The moving power which
person fails to take the necessary precaution to avoid injury to particular means to effect impels one to action for a
person or damage to property such result definite result
An element of the crime, Not an element of the crime,
NEGLIGENCE indicates a deficiency in perception; lack of except in unintentional need not be proved
foresight; when a person fails to pay proper attention and to use felonies (culpa)
due diligence in foreseeing the injury or damage impending to be Essential in intentional felonies Essential only when the
identity of the perpetrator is in
caused
doubt
ACTUS NON FACIT REUM, NISI MENS SIT REA
WHEN MOTIVE IS RELEVANT
A crime is not committed if the mind of the person performing to
1. Motive is essential only when there is doubt as to the
act complained be innocent
identity of the assailant. It is immaterial when the
accused has been positively identified.
►If it is proved that the accused committed the criminal act
2. Where the identification of the accused proceeds from
charged, it will be presumed that the act was done with criminal
an unreliable source and the testimony is inconclusive
intention and that it is for the accused to rebut this presumption;
and not free from doubt
The acts from which the presumption springs must be a criminal
3. in ascertaining the truth between two antagonistic
act
theories
 When the acts complained of was not unlawful,
4. where there are no eyewitnesses to the crime and where
presumption of criminal intent does not arise
suspicion is likely fall upon a number of persons
5. if evidence is merely circumstantial
IGNORANTIA FACTI EXCUSAT
Ignorance or mistake of fact relieves the accused from criminal
►Proof (and existence) of motive alone is not sufficient to support
liability; an honest mistake of fact destroys the presumption of
a conviction
criminal intent
 Mistake of fact is not a valid defense in Culpable Felonies
►Lack of motive may be an aid in showing the innocence of the
 In error in personae/ mistake of identity, mistake of fact is
accused.
does not apply
REQUISITES OF MISTAKE OF FACT

ARTICLE 4. Criminal Liability. — Criminal liability shall be
1. That the act done would have been lawful had the facts
incurred:
been as the accused believed them to be
1. By any person committing a felony (delito) although
2. That the intention of the accused in performing the act the wrongful act done be different from that which he
should be lawful intended.
3. That the mistake must be without fault or carelessness in 2. By any person performing an act which would be an
the part of the accused offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on
MALA IN SE V MALA PROHIBITA account of the employment of inadequate or
MALA IN SE MALA PROHIBITA ineffectual means.
Wrong from its very nature, or Wrong or evil because there is
inherently evil a law prohibiting it
Generally, punishable under Generally, punishable under ►A person committing a felony by means of dolo is criminally liable
RPC special laws although the wrongful acts done is different from that which he
Basis of criminal liability is Basis of criminal liability is intended. A person who performs a criminal act is responsible for
offenders moral train offender’s voluntariness all the consequences of said act regardless of intention.
Good faith or lack of criminal Good faith or criminal intent is
intent is a defense NOT accepted as a defense, EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL CAUSADO
UNLESS this is an element of He who is the cause of the cause is the cause of the evil caused
the crime
Modifying circumstances are Modifying circumstances are REQUISITES, ARTICLE 4 PAR 1
taken into account in not considered
1. That an intentional felony has been committed
imposing the penalty
 Exceptions
Degree of participation Degree of participation does
a. When the act or omission is not punishable by
determines the penalty not affect liability, hence,
imposable principals, accomplices and the RPC
accessories have the same b. When the act is covered by any of the justifying
penalty circumstances under Art 11
Stage of accomplishment Penalized only when 2. That the wrong done to the aggrieved party be the
affects the penalty imposed consummated direct, natural and logical consequence of the felony
Generally involved moral Generally does not involve committed by the offender
turpitude moral turpitude - the felony committed is the proximate cause of the
Penalties may be divided into There is no division of penalties resulting injury
degrees and periods
►Special Laws are considered mala prohibita.
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CAUSES WHICH MAY PRODUCE A RESULT DIFFERENT FROM WHAT THE c. Theft
OFFENDER INTENDED d. Usurpation
1. ERROR IN PERSONAE. Mistake in the identity of the victim. e. Culpable Insolvency
2. ABBERATIO ICTUS. Mistake by blow. f. Swindling and other deceipts
3. PRAETER INTENTIONEM. Injurious result is greater than that g. Chattel mortgage
intended. h. Arson and other crimes involving destruction
i. Malicious mischief
►Any person who creates in another’s mind an immediate sense
of danger, which causes the latter to do something resulting in the A. INHERENT IMPOSSIBILITY OF ITS ACCOMPLISHMENT
latter’s injuries, is liable for the resulting injuries. (eg woman jumped 1. The act intended by the offender is by its nature one of
out of a jeepney and dies during is hold-up incident) impossible accomplishment
2. There must be Legal Impossibility or Physical Impossibility
►Victim is under no obligation to submit to medical operation to
relieve the accused from the natural and ordinary results of his B. EMPLOYMENT OF INADEQUATE MEANS
crime. (e.g. amount of poison used to kill another was not enough)
PROXIMATE CAUSE is that cause which, in natural and continuous C. EMPLOYMENT OF INEFFECTUAL MEANS
sequence, unbroken by any efficient intervening cause, produces (e.g. used salt instead of poison arsenic)
the injury, and without which the result would not have occurred.
WHEN FELONY IS NOT THE PROXIMATE CAUSE ARTICLE 5. Duty of the Court in Connection with Acts Which
a. There is an active force that intervened between the Should Be Repressed but Which are Not Covered by the Law,
felony committed and the resulting injury, and the active and in Cases of Excessive Penalties. — Whenever a court has
force is a distinct act or fact absolutely foreign from the knowledge of any act which it may deem proper to repress and
felonious act of the accused; or which is not punishable by law, it shall render the proper
b. The resulting injury is due to the intentional act of the decision, and shall report to the Chief Executive, through the
Department of Justice, the reasons which induce the court to
victim.
believe that said act should be made the subject of penal
legislation.
REQUISITES, WHEN DEATH IS PRESUMED AS A NATURAL
CONSEQUENCE OF PHYSICAL INJURIES INFLICTED In the same way the court shall submit to the Chief Executive,
1. The victim at the time the physical injuries were inflicted through the Department of Justice, such statement as may be
was in normal health deemed proper, without suspending the execution of the
2. Death may be expected from the physical injuries sentence, when a strict enforcement of the provisions of this
inflicted Code would result in the imposition of a clearly excessive
3. Death ensued within reasonable time penalty, taking into consideration the degree of malice and the
injury caused by the offense.
REQUISITES, WHEN THE FELONY IS NOT THE PROXIMATE CAUSE OF THE
RESULTING INJURY
1. There is an active force that intervened between the PARAGRAPH 1 PARAGRAPH 2
felony committed and the resulting injury, and the active The act committed by the The court finds the accused
force is distinct act or fact absolutely foreign from the accused appears not guilty
felonious act of the accused; or punishable by law
The penalty provided by law
2. The resulting injury is due to the intentional act of the
But the court deems it proper appears to be clearly
victim
to repress such act excessive because
a. the accused acted with
IMPOSSIBLE CRIME, REQUISITES lesser degree of malice
1. That the act performed would be an offense against and/or
persons or property b. there is no injury or the injury
2. That the act was done with evil intent caused is of lesser gravity
3. That its accomplishment is
a. inherently impossible, or The court must dismiss the The court should not suspend
b. that the means employed is either inadequate or case and acquit the accused the execution of the sentence
c. (the means employed is) ineffectual,
4. That the act performed should not constitute a violation Judge will make a report to Judge should submit a
of another provision in the RPC Chief Executive through SOJ statement to the Chief
stating the reasons which Executive through the SOJ
induce him to believe that the recommending executive
FELONIES AGAINST PERSONS
said act should be made the clemency
a. Parricide
subject of penal legislation
b. Murder
c. Homicide
d. Infanticide
e. Abortion
ARTICLE 6. Consummated, Frustrated, and Attempted Felonies.
f. Duel — Consummated felonies, as well as those which are frustrated
g. Physical injuries and attempted, are punishable.
h. Rape
A felony is consummated when all the elements necessary for
FELONIES AGAINST PROPERTY its execution and accomplishment are present; and it is
a. Robbery frustrated when the offender performs all the acts of execution
b. Brigandage which would produce the felony as a consequence but which,
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nevertheless, do not produce it by reason of causes offender begins the commission of the crime to that point
independent of the will of the perpetrator. where he has still control over his acts including their
natural course.
There is an attempt when the offender commences the b. OBJECTIVE PHASE.
commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the ►In an attempted felony, the offender never passes the subjective
felony by reason of some cause or accident other than his own
phase of the offense. In a frustrated felony, the offender has
spontaneous desistance.
reached the Objective Phase.
STAGES OF COMMITTING A CRIME

ELEMENTS OF FRUSTRATED FELONY
1. INTERNAL ACTS. Mere ideas in the minds of a person, are
a. The offender performs all the acts of execution
not punishable, even if had they been carried out, they
b. All the acts performed would produce the felony an a
would constitute a crime.
consequence
2. EXTERNAL ACTS.
c. Bu the felony is not produced
a. PREPARATORY ACTS. Ordinarily, they are not
d. By reason of causes independent of the will of the
punishable
perpetrator
 Except when the law provides for their
punishment
b. ACTS OF EXECUTION. Punishable under RPC
ARTICLE 7. When light felonies are punishable. - Light felonies
1) ATTEMPTED FELONY. When the offender
are punishable only when they have been consummated, with
commences the commission of a felony directly
the exception of those committed against person or property.
by overt acts, and does not perform all the acts
of execution which should produce the felony LIGHT FELONIES are those infractions of law for the commission of
by reason of some cause or accident other which the penalty of arresto menor (one to thirty days) or a fine
than his own spontaneous desistance. not exceeding P200, or both, is provided.
2) FRUSTRATED FELONY. When the offender ►Light felonies are punishable only when they have been
performs all the acts of execution which would consummated
produce the felony as a consequence but  Light felonies are punishable even if attempted or
which, nevertheless, do not produce it by frustrated when committed against persons or properties.
reason of causes independent of the will of the
perpetrator, LIGHT FELONIES PUNISHED BY RPC
a. Against person
3) CONSUMATED FELONY. When all the elements 1. Slight Physical Injuries and maltreatment
necessary for its execution and
accomplishment are present. b. Against property
1. Theft by hunting or fishing or gathering fruits, cereal
ELEMENTS OF ATTEMPTED FELONY or other forest or farm products upon an inclosed
1. The offender commences the commission of the felony estate or field where trespass is forbidden and the
directly by overt acts value of the thing stolen does not exceed P5.00
- external acts have direct connection with the crime 2. Theft where the value of the stolen property does
intended to be committed, should be mere not exceed P5.00 and the offender was prompted
preparatory acts by hunger, poverty, or the difficulty of earning a
2. He does not perform all the acts of execution which livelihood
should produce the felony 3. Alteration of boundary marks
3. The offender’s act is not stopped by his own spontaneous 4. Malicious mischief where the damage is not more
desistance than P200.00 or if it cannot be estimated
4. The non-performance of all acts of execution was due to
cause or accident other than his spontaneous
desistance
ARTICLE 8. Conspiracy and proposal to commit felony. -
Conspiracy and proposal to commit felony are punishable only
OVERT ACTS. Some physical activity or deed, indicating the in the cases in which the law specially provides a penalty
intention to commit a particular crime, more than a mere planning therefor.
or preparation, which if carried to its complete termination
following its natural course, without being frustrated by external A conspiracy exists when two or more persons come to an
obstacles nor by the voluntary desistance of the perpetrator will agreement concerning the commission of a felony and decide
logically and necessarily ripen into a concrete offense to commit it.
e.g. Buying a poising is a preparatory activity. Poison may be used There is proposal when the person who has decided to commit
for some other purpose other than killing somebody, and buying a felony proposes its execution to some other person or
may not prove criminal intent. Mixing it with a person’s food is an persons.
overt act.
CONSPIRACY. When two or more persons come to an agreement
INDETERMINATE OFFENSE. Where the purpose of the offender in
concerning the commission of a felony and decide to commit it.
performing an act is not certain. Its nature in relation to its objective
is ambiguous.
►Conspiracy and proposal to commit felony are not punishable.
 They are punishable only in cases in which the law
PHASES OF A FELONY
specially provides a penalty therefore.
a. SUBJECTIVE PHASE. It is that portion of the acts
constituting the crime, starting from the point where the
MERE CONSPIRACY PUNISHED BY RPC
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1. Conspiracy to commit treason accordance with 5. Perpetual or

2. Conspiracy to commit coup d’ etat, rebellion or Article 25 of RPC temporary special
insurrection disqualification,
3. Conspiracy to commit sedition 6. Prision mayor.
4. Monopolies and combinations in restraint of trade
a. To restraint trade or commerce or to prevent by LESS Those which the law 1. Prision correccional,
artificial means free competition in the market GRAVE punishes with 2. Arresto mayor,
penalties, which their 3. Suspension,
b. Making transactions prejudicial to lawful
maximum period are 4. Destierro.
commerce, or of increasing the market price of any
correctional, in
such merchandise accordance with the
abovementioned
MERE PROPOSAL PUNISHED BY RPC article
1. Proposal to commit treason LIGHT Those infractions of 1. Arresto menor,
2. Proposal to commite coup d’ etat, rebellion or the law for the 2. Public censure.
insurrection commission of which
the penalty of
►When the crime is actually committed, the offenders are liable arresto menor or a
for the crime and the conspiracy is only a manner of incurring fine not exceeding
criminal liability and is not punishable as a separate offense. P200.00, or both, is
provided
REQUISITES OF CONSPIRACY
Note: RA 10951
1. Two or more persons came to an agreement (there must
increased the fine for
be meeting of the minds)
light felonies from 200
2. The agreement concerned the commission of a felony, pesos to 40,000.00
and pesos.
3. The execution of a felony is decided upon
REQUISITES OF PROPOSAL
1. That a person has decided to commit a felony, and ARTICLE 10. Offenses not subject to the provisions of this Code.
2. That he proposes its execution to some other person or - Offenses which are or in the future may be punishable under
persons. special laws are not subject to the provisions of this Code. This
Code shall be supplementary to such laws, unless the latter
NO CRIMINAL PROPOSAL WHEN should specially provide the contrary.
1. The person who proposes is not determined to commit
the felony SPECIAL LAW. A penal law which punishes acts not defined and
2. There is no decided, concrete and formal proposal penalized by the Penal Code; a statute enacted by the Legislative
3. It is not the execution of a felony that is proposed branch, penal in character, which is not an amendment to the
Revised Penal Code
►It is not necessary that the person to whom the proposal is made
agrees to commit treason or rebellion. When the person to whom ►RPC provisions are supplementary to special laws.
the proposal is made agrees, it may be conspiracy because there  Exceptions
would be an agreement to commit it. a. Where a special law provides otherwise
b. When the provisions of the RPC are impossible of
application, either by express provision or by
ARTICLE 9. Grave felonies, less grave felonies and light felonies. necessary implication
- Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are Examples of RPC provisions that are not applicable to Special Laws
afflictive, in accordance with Art. 25 of this Code. a. Graduation of penalties (minimum, medium, maximum)
b. Article 6 (attempted, frustrated, consummated); there is
Less grave felonies are those which the law punishes with no attempted or frustrated violation of a Special Penal
penalties which in their maximum period are correctional, in Law unless provided by the law itself
accordance with the above-mentioned article. c. Mitigating or aggravating circumstances
d. No accessory penalties unless the law provides
Light felonies are those infractions of law for the commission of
which a penalty of arrest menor or a fine not exceeding Forty
thousand pesos (P40,000.00) or both; is provided. (Amended by
RA 10951)
FELONIES PENALTY ART 25

GRAVE Those which the law 1. Death
attaches the capital 2. Reclusion perpetua,
punishment (death 3. Reclusion temporal,
penalty) or penalties, 4. Perpetual or
which in their periods temporary absolute
are afflictive, in disqualification,
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CHAPTER TWO
JUSTIFYING CIRUMSTANCES AND CIRCUMSTANCES WHICH JUSTIFYING CIRCUMSTANCES
EXEMPT FROM CRIMINAL LIABILITY
ARTICLE 11. Justifying circumstances. - The following do not

CIRCUMSTANCES THAT AFFECT CRIMINAL LIABILITY: incur any criminal liability:
1. Justifying Circumstances. Those where the act of a
person is said to be in accordance with law, so that such 1. Anyone who acts in defense of his person or rights,
person is deemed not to have transgressed the law and provided that the following circumstances concur;
is free from both criminal and civil liability.
First. Unlawful aggression.
The law recognizes the non-existence of a crime by
Second. Reasonable necessity of the means
expressly stating in the opening statement of Article 11
employed to prevent or repel it.
that the persons therein mentioned “do not incur any
criminal liability.” Third. Lack of sufficient provocation on the
part of the person defending himself.
2. Exempting Circumstances. (Non-imputability) Those
grounds for exemption from punishment because there is 2. Any one who acts in defense of the person or rights of
no wanting in the agent of the crime any of the his spouse, ascendants, descendants, or legitimate,
conditions which make the act voluntary or negligent. natural or adopted brothers or sisters, or his relatives
by affinity in the same degrees and those
Based on the complete absence of intelligence, consanguinity within the fourth civil degree, provided
freedom of action, or intent, or on the absence of that the first and second requisites prescribed in the
negligence on the part of the accused. next preceding circumstance are present, and the
further requisite, in case the revocation was given by
the person attacked, that the one making defense
3. Mitigating Circumstances. Those, which if present in the
had no part therein.
commission of a crime, do not entirely free the actor from
criminal liability, but serve only to reduce the penalty. 3. Anyone who acts in defense of the person or rights of
a stranger, provided that the first and second
Based on the diminution of either freedom of action, requisites mentioned in the first circumstance of this
intelligence, or intent, or on the lesser perversity of the Article are present and that the person defending be
offender. not induced by revenge, resentment, or other evil
motive.
4. Aggravating Circumstances. Those which, if attendant in
the commission of the crime, serve to increase the 4. Any person who, in order to avoid an evil or injury,
penalty without, however, exceeding the maximum of does not act which causes damage to another,
provided that the following requisites are present;
the penalty provided by law for the offense.
First. That the evil sought to be avoided
Based on the greater perversity of the offender
actually exists;
manifested in the commission of the felony.
Second. That the injury feared be greater
5. Alternative Circumstances. than that done to avoid it;
Third. That there be no other practical and

less harmful means of preventing it.
IMPUTABILITY. The quality by which an act may be ascribed to a
person as its author or owner; implies that the act committed has 5. Any person who acts in the fulfillment of a duty or in
been freely and consciously done and may, therefore, be put the lawful exercise of a right or office.
down to the doer as his very own
6. Any person who acts in obedience to an order issued
by a superior for some lawful purpose.
RESPONSIBILITY. The obligation of suffering the consequences of
crime
JUSTIFYING CIRCUMSTANCES. Those where the act of a person is
said to be in accordance with law, so that such person is deemed
GUILT. An element of responsibility; a man cannot be made to
not to have transgressed the law and is free from both criminal and
answer for the consequences of a crime unless he is guilty.
civil liability.
►The burden of proof lies with the accused/ with the person
invoking self-defense
- It is incumbent upon the accused to prove the justifying
circumstances claimed by him to the satisfaction of the
court
- Accused must rely on the strength of his own evidence,
not on the weakness of the prosecution; even if
prosecution is weak, the accused already admitted to
the crime
- Accused must present “clear and convincing evidence”
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►Self-Defense includes the following rights 1. ACTS IN DEFENSE OF HIS PERSONS OR RIGHTS
a. Right to life ARTICLE 11. Justifying circumstances. - The following do not
b. Right to property incur any criminal liability:
c. Right to honor
1. Anyone who acts in defense of his person or rights,
REASONS FOR ALLOWING SELF-DEFENSE provided that the following circumstances concur;
1. Classicist: The State cannot in all cases prevent
First. Unlawful aggression.
aggression against its citizens and offer protection to the
person unjustly attacked; It is inconceivable for the State
Second. Reasonable necessity of the means
to require that the innocent to succumb to an unlawful
employed to prevent or repel it.
aggression without resistance
2. Positivist: lawful defense is an exercise of right, an act of Third. Lack of sufficient provocation on the
social justice done to repel the attack of the aggression part of the person defending himself.
JUSTIFYING CIRCUMSTANCES
1. Self-defense RIGHTS INCLUDED IN SELF DEFENSE
2. Defense of Relatives - defense of the person or body
3. Defense of a Stranger - defense of his rights protected by law (e.g. right to
4. Avoidance of a Greater Evil or Injury property, right to honor)
5. Acts in the Fulfillment of Duty or in the Lawful Exercise of
a Right or Office REASON WHY SELF DEFENSE IS LAWFUL
6. Acts in Obedience to an Lawful Order - Justified by man’s natural instinct to protect, repel and
save his person from impending danger and peril
- Classicists: It is impossible for the State in all cases to
prevent aggression upon its citizens and offer protection
to the unjustly attacked, therefore it is inconceivable for
the State to require the innocent to succumb to an
unlawful aggression without offering any resistance
- Positivists: lawful defense is an exercise of right, an act of
social justice done to repel the attack of an aggression
REQUISITES, SELF-DEFENSE
1. UNLAWFUL AGGRESSION
2. REASONABLE NECESSITY OF THE MEANS EMPLOYED TO
PREVENT OR REPEL IT
3. LACK OF SUFFICIENT PROVOCATION ON THE PART OF THE
PERSON DEFENDING HIMSELF
- Unlawful aggression is an indispensable requisite,
hence, its presence is a condition sine qua non
- There is unlawful aggression when the peril to one’s
life, limb or right is either actual or imminent
REQUISITES, UNLAWFUL AGGRESSION

a. There is peril to one’s life, limb or right
1) ACTUAL.
- Equivalent to Physical Assault; The
person defending himself must have
been attacked with actual physical
force with the actual use of weapon
2) IMMINENT.
- Threatened assault of an immediate
and imminent kind which is offensive
and positively strong, showing the
wrongful intent to cause injury;
- not required that the attack already
begins for defense might be too late
►RETALIATION is not self-defense; in retaliation,

the aggression that was began by the injured
party already ceased to exist when the
accused attacked him; while in self-defense,
the aggression was still existing when the
aggressor was injured or disabled by the
person making the defense
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b. Must be simultaneous/ succeeding with the reasonably necessary to repel or prevent an

actual/imminent danger; without appreciable actual or threatened physical invasion or
interval of time usurpation of his property
- When there is no time nor occasion for the
accused for deliberation or cool thinking b. RPC Article 248. Any legally married person who
because it was imperative for him to act on having surprised his spouse in the act of
the spot. committing sexual intercourse with another
person, shall kill any of them or both of them in
c. It must come from the person who was attacked the act or immediately thereafter, or shall inflict
by the accused/ person claiming self-defense; upon them any serious physical injury, shall
and suffer the penalty of destierro.
d. Not merely threats or threatening stance or If he inflicts upon them physical injuries of any
posture; Mere belief in and impending attack is other kind, he shall be exempt from
not sufficient punishment.
- Must be offensive and positively strong
- Mere threatening or intimidating attitude is These rules shall be applicable, under the same
not sufficient circumstances, to parents with respect to their
- Must be real and not imaginary daughters under eighteen years of age, and
- e.g. unlawful aggression their seducer, while the daughters are living
1) when one aims a revolver at another with their parents.
with intention of shooting him
2) the act of opening a knife and COUNTER-ARGUMENT AGAINST SELF-DEFENSE, WRT TO
making a motion as if to make an UNLAWFUL AGGRESSION
attack 1. Nature, character, location, and extent of wound of
3) placing hand in his pocket with the accused allegedly inflicted by the injured party
motion indicating purpose to commit may belie claim of self-defense
an assault with weapon a. Accused exhibited a small scar 1 1/2 inches
4) when intent to attack is manifest, long; might had wounded himself in order to
picking up a weapon is sufficient escape imprisonment (People v Mediavilla)
unlawful aggression b. Victim sustained 21 wounds; location, number
5) a person who pursues another without and seriousness of the stab wounds inflicted on
raising hand to discharge blow; it is not the victim belie claim of self-defense (People v
necessary to wait until the blow is Batas)
discharged c. Deceased suffered three stab wounds: two are
fatal, one incised wound (People v Marciales)
- There is no such peril to life, limb or right when there d. Victim’s wounds having a right-to-left direction
is no unlawful aggression could not have been inflicted by a right
- there must be actual physical blows or actual use of handed person in front of the victim with a bolo
weapon (People v Labis)
- e.g. Peril to limb e. Deceased suffered 19 wounds ((People v
a. fist blow Panganiban)
b. slap in the face, since the face represents f. Deceased was struck from behind or when the
person and his dignity body was in a reclining position (People v
Tolentino)
EXCEPTIONS, NOT LAWFUL AGGRESSION
1. When a person is exercising lawful aggression  The belief of the accused may be
against you, you do not have the right to self- considered in existence of the unlawful
defense aggression. e.g. If the accused believed
that the gun was loaded even when in fact
2. Fulfilment of a duty (NCC Article 19) in a violent it isn’t, his self-defense is valid
manner a. The gun only has power (Llloyd’s
 Ultra Vires. When acting beyond one’s Report cited in US v Ah Chong)
authority, it can be considered as unlawful b. The gun was just a toy gun i(People v
aggression, e.g. Boaral)
a. Provincial Sheriff taking a property of
sentimental value when the obligation is 2. Improbability of the decease being the aggressor
an indeterminate thing, and other of the belies the claim of self defense
genus could have been taken to satisfy the a. Unlikely for a sexagenarian would assault a 24-
obligation year-old armed with a gun and a bolo just
b. Peace officer confiscating a fishing net because the latter refused to give him a pig
without order from the court (People v Diaz)
b. Hard to believe that 55 year-old man sick with
3. Exercise of a right (NCC Article 19) in a violent ulcer would attack and continue hacking he
manner, e.g. accused after having been seriously injured
a. NCC Article 429. The owner or lawful possessor and losing his right hand (People v Ardisa)
of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For
this purpose, he may use such force as may be
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3. The fact that the accused declined to give any offended by the insult is the one who struck first (US
statement when he surrendered to a policeman is v Laurel)
inconsistent with the plea of self-defense - One with greater motive for committing the crime
a. Accused did not mention self-defense right
away to the police when he surrendered
(People v Manansala) DEFENSE OF OTHER RIGHTS
b. Accused did not include the fact of self- a. Defense of Right to Chastity
defense in his confession (People v Dela Cruz) - Attempt to rape is an unlawful aggression
- Actions with the purpose of raping: embracing,
4. Physical facts/ evidence may determine whether touching private parts, throwing her to the
the accused acted in self-defense ground, done in the dark and attempt was
a. In the testimony, the victim would have been hit imminent; stabbing was considered self-
in front. Evidence showed that the wounds defense (People v Dela Cruz)
were inflicted from behind. Not self-defense. - Placing of hand on the woman’s upper thigh
(People v Dorico) done in broad day light and has no change of
b. Victim sustained 13 gunshot wounds, his gun committing rape justify physical attacks but not
was still tucked in the waistband. Not self- murder (People v Jaurigue)
defense. (People v Perez)
c. Prosecution claims otherwise but the direction b. Defense of Property
and trajectory of the bullets would have been - NCC Article 429. The owner or lawful possessor
different had the victim been standing upright of a thing has the right to exclude any person
two or three meters to the left of the truck. Valid from the enjoyment and disposal thereof. For
self-defense. (People v Aquino) this purpose, he may use such force as may be
reasonably necessary to repel or prevent an
5. When the aggressor flees, unlawful aggression no actual or threatened unlawful physical invasion
longer exists or usurpation of his property
- To be available in prosecutions for murder or
►When the AGGRESSOR RUNS AWAY, unlawful homicide, must be coupled with an attack on
aggression no longer exists the person of one entrusted with the said
 Exception. If it is clear that the purpose of property. An attack on the person defending
the aggressor in retreating is to take a more his property is an indispensable element.
advantageous position to insure the (People v Narvaez)
success of the attack already began by
him, the unlawful aggression is considered c. Defense of Home
still continuing - The violent entry of another to another’s house
was considered unlawful aggression in itself;
6. There is no unlawful aggression when there is attack on the owner of the house was not
agreement to fight. necessary (People v Mirabiles)
- Accused is not required to retreat and he may
►There is no unlawful aggression when there is an even pursue his adversary until he has secured
AGREEMENT TO FIGHT; himself from danger; but killing is not easily
 Exceptions; Challenge to Fight justified. There is not necessity to kill for
a. Challenge to fight must be accepted; attempted arson. (US v Rivera)
if challenge was not accepted, there
is unlawful aggression
b. An aggression ahead of the stipulated
time and place is unlawful
7. One who voluntarily joined a fight cannot claim self-

defense
8. Flight after the commission of the crime is highly

evidentiary of guilt (People v Maranan)
STAND GROUND WHEN IN RIGHT v RETREAT TO THE WALL

- The accepted rule now is stand your ground when in
the right
- Where the accused is where he has the right to be,
the law does not require him to retreat when his
assailant is rapidly advancing upon him with a
deadly weapon
- If one flees from an aggressor, he runs the risk of
being attacked in the back by the aggressor
DETERMINING THE UNLAWFUL AGGRESSOR

- In the absence of direct evidence, it shall be
presumed that the person who was deeply
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2. REASONABLE NECESSITY OF THE MEANS EMPLOYED TO ground having been hit with a bolo by
PREVENT OR REPEL IT accused, no need to kill victim
- Presupposes the existence of unlawful aggression e. US v Pasca. Victim did no draw his bolo and only
- The law protects not only the person who repels an attempted to push the accused to the shallow
actual aggression, but even the person to tries to pool into which he had been thrown at,
prevent an expected or imminent aggression. accused was not justified at striking at victims
- Perfect equality between the weapon used by the head with a bamboo pole
one defending himself and that of the aggressor is f. People v Narvaez. Accused fired his shotgun
not required; what the law requires is Rational killing the two victims who chiseled the walls of
Equivalence the accused house and closed entrance and
exit to the highway
- REQUISITES, REASONABLE NECESSITY
1. Necessity of the course of action taken by the - When minor injuries were inflicted after the unlawful
person making a defense, and aggression ceased to exist does not affect the
2. Necessity of the means used benefit of self-defense when the mortal wounds
3. Both of which must be reasonable were inflicted at the time the requisites of self-
defense were present (People v Del Pilar)
NECESSITY OF THE COURSE OF ACTION TAKEN  Does not apply: when minor wounds were
- Reasonableness of the necessity depends upon the inflicted by accused at first, and the
circumstances attacker/victim dropped his weapon and
a. That the accused did not select a lesser vital refused to fight but the accused still attacked
potion of the body of the deceased to hit is him to death
reasonably expected; the accused has to
move fast or in split seconds. (People v Ocaña) - The person defending is not expected to control his
b. The necessity of the course of action taken blow
depends on the existence of unlawful a. Brownell v People. One is no required to draw
aggression. No unlawful aggression, or if has fine distinctions as to the extent of the injury
ceased to exist, there would be no necessity to which assailant might inflict upon him
take course of action as there is nothing to b. People v Espina. Two blows or failing to inflict a
prevent or repel. lesser blow would not negate self-defense; in
c. Place and occasion of the assault considered. the heat of the encounter, the accused was
d. The darkness of the night and the surprise which not in a position to reflect coolly or to wait after
characterized the assault is considered each blow to determine the effects
c. US v Domen. Accused cannot be expected to
- FACTORS TO CONSIDER aim at a less vulnerable part of the victim when
a. Presence of imminent danger using a gun to defend himself
b. Impelled by the instinct of self-preservation
c. Nature and quality of the weapon used by the - The measure of rational necessity is to be founds in
accused compared to the weapon of the the situation as it appeared to the person defending
aggression at the time when the blow was struck (Cano v
d. Emergency to which the person defensing People)
himself has been exposed to
e. Size and/or physical character of the aggressor - The one defending must aim at his assailant and not
compared to the accused and other indiscriminately. (People v Galacgac)
circumstances that can be considered showing
disparity between aggressor and accused NECESSITY OF THE MEANS USED
f. The place and occasion of the assault - The means employed by the person making a
defense must be rationally necessary to prevent or
- NO NECESSITY OF THE COURSE OF ACTION TAKEN, repel an unlawful aggression
EXAMPLES
a. People v Alconga. When the attacker ran away - NO RATIONAL NECESSITY OF THE MEANS EMPLOYED
b. People v Calavagan. When the danger or risk a. US v Apego. Woman awakened by bother-in-
has disappeared, his stabbing the aggressor law grasping her arm but did not perform any
while defending himself should have stopped other act that can be construed as an act
c. People v Masangkay. The victim was against her honor was not justified to kill him with
successfully disarmed of a piece of wood, and a knife
was stabbed with such frequency, frenzy and b. People v Montalbo. No reasonable necessity to
force use a dagger against attacker inflicting fist
People v Alviar. Accused succeeded in blows only
snatching the weapon and the victim already c. People v Jaurigue. Killing a man with a knife was
manifested refusal to fight excessive when he only placed his hand in the
 Wife was disarmed by husband but the upper thigh of a woman seated inside a chapel
wife struggled to gain possession of the
bolo; husband was already losing strength
due to loss of blood (People b
Rabandaban)
d. US v Rivera. Victim who attempted to burn the
house was already outside and prostate on the
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- TEST OF REASONABLENESS OF THE MEANS USED. construed in favor of law-abiding citizens. (People v
1. Perfect equality between the weapon used by So)
the one defending himself and that of the
aggressor is not required, because the person - The duty of a peace officer requires him to
assaulted does not have sufficient tranquility of overcome his opponent. Police officer is not
mind to think, to calculate and to choose which required to afford a person attacking him the
weapon to use. opportunity for a fair and equal struggle. Even if
a. Knife/ Dagger v Club. General rule, a equipped with a club, he may still use his
dagger or knife is more dangerous than a revolve/gun. (US v Mojica)
club  US v Mendoza. It was not reasonably necessary
 People v Padua. Use of knife/dagger for a policeman to kill his assailant to repel an
vs club is deemed reasonable if it attack with a calicut.
cannot be shown that
1) Person assaulted had other
available means, and
2) If there was other means, he
could coolly choose the less
deadly weapon to repel the
assault
b. Firearm v Dagger/Knife. No difference, use

of gun against a knife is a reasonable
means to ward off attack (Lacson v CA);
subject to the limitations in People v Padua
c. Pocketknife v Cane. Reasonable (US v

Laurel)
d. Gun v Bolo. Reasonable (US v Mack)
e. Bolo/Knife v Rod/Stick. Reasonable
(People v Romero)
f. Bayonet v Cane. Not Reasonable. Drawing

bayonet was enough to prevent further
attack; stabbing victim with bayonet was
beyond necessary. (People v Oñas)
g. Fist blows. Must be repelled with fist blows

also. (People v Montalbo) *applies only
when the aggressor and defender are of
the same size and strength
2. Physical condition, character and size.

a. People v Igancio. Middle age man was
justified in using a knife when cornered on
his back by 3/4 bigger and stronger men
striking him with fists
b. People v Sumicad. Killing the aggressor
with a bolo was justified, when the
aggressor who attacked only with fist was
a bully, larger and stronger man known for
his violent character; after a warning and
a cut on the shoulder, aggressor continued
to attempt to possess the bolo
c. People v Padua. Striking with a bolo on the
forehead and on the right eye was justified
when the aggressor who provoked the
incident is of violent temperament,
troublesome, strong and aggressive with
three criminal records
3. Other circumstances considered.

a. US v Batngbacal. In view of the imminence
of the danger, a shotgun was a reasonable
means to prevent an aggression with a
bolo.
- Reasonable necessity of means employed to

prevent or repel unlawful aggression is to be liberally
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3. LACK OF SUFFICIENT PROVOCATION ON THE PART OF THE BATTERED WOMAN SYNDROME.

PERSON DEFENDING HIMSELF - Refers to a scientifically defined pattern of
a. When the person defending himself from the attack psychological and behavioral symptoms found in
by another gave sufficient provocation to the latter, women living in battering relationships as a result of
the former is also to be blamed for having given the cumulative abuse (RA 9262, Sec3)
cause of the aggression
- REQUISITES
b. CASES, LACK OF SUFFICIENT PROVOCATION 1. That the battering husband, with whom he
1) When no provocation at all was given to the battered wife has a marital, sexual or dating
aggressor by the person defending himself relationship, inflicted physical harm upon her
2. That the infliction of physical harm must be
2) When, even if a provocation was given, it was cumulative
not sufficient 3. The cumulative abuse results to physical and
- People v Alconga. Provocation must be psychological or emotional destress to the
sufficient, which means that it should be woman
proportionate to the act of aggression and
adequate to stir the aggressor to its - RA 9262 (Anti-Violence Against Women and their
commission Children Act of 2004) SECTION 26. Battered Woman
- Verbal argument cannot be considered Syndrome as a Defense. – Victim-survivors who are
sufficient provocation. found by the courts to be suffering from battered
- EXAMPLES, WHEN PROVACATION IS woman syndrome do not incur any criminal and civil
SUFFICENT liability notwithstanding the absence of any of the
a) US v McCray. When one challenges elements for justifying circumstances of self-defense
the deceased to come out of the under the Revised Penal Code.
house and engage in a fist fight with
him and prove who is he better man In the determination of the state of mind of the
b) People v Sotelo. When one hurls insults woman who was suffering from battered woman
or vulgar language syndrome at the time of the commission of the
 People v Sanchez. When crime, the courts shall be assisted by expert
response to a question might psychiatrists/ psychologists.
have hurt the pride of the
accused, not sufficient - BATTERED WOMAN.
c) People v Getida. When the accused a. A woman who is repeatedly subject to any
tried to forcibly kiss the sister of the forceful physical or psychological behavior
deceased by a man in order to coerce her to do
something he wants her to do without
3) When, even if the provocation was sufficient, it concern for her rights.
was not given by the person defending himself, b. Wife or woman in any form of intimate
or relationship with men
- People v Balansang. Third requisite not c. The couple must go through the battering
present because the provocation was not cycle at least twice
given by the accused but by another
person - CYCLE OF VIOLENCE
- Lack of sufficient provocation refers 1. Tension-building phase. Minor battering
exclusively to the person defending occurs; verbal or slight physical abuse or
himself; does not apply to the aggressor another form of hostile behavior
4) When, even if the person defensing himself - woman tries to pacify the batterer
gave a provocation, it was not proximate and through a show of kind, nurturing
immediate to the act of aggression behavior, or simply by staying out of
- US v Laurel. Kissing the girlfriend of the his way
aggressor was sufficient provocation, but - her placatory and passive behavior
since it took place two days before the legitimizes the belief that he has the
aggression, it was disregarded right to abuse her
- the woman withdraws emotionally;
the more she becomes emotionally
unavailable, the more the batterer
becomes angry, oppressive and
abusive
2. Acute battering incident

- Characterized by brutality,
destructiveness and sometimes,
death
- woman has no control , only the
batterer may put an end to the
violence
- woman has a sense of detachment
from the attack and the terrible pain
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although she may later clearly 2. ACTS IN DEFENSE OF THE PERSON OR RIGHTS OF HIS RELATIVES
remember every detail ARTICLE 11. Justifying circumstances. - The following do not
incur any criminal liability:
3. Tranquil, loving (or non-violent) phase
- Begins when the battering incident 2. Any one who acts in defense of the person or rights of
ends his spouse, ascendants, descendants, or legitimate,
- Couple experiences profound relief natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity
- Batterer shows tender and nurturing
within the fourth civil degree, provided that the first and
behavior towards his partner; he
second requisites prescribed in the next preceding
knows that he had been cruel and he
circumstance are present, and the further requisite, in
make-up for it case the revocation was given by the person
- Battered woman convinces herself attacked, that the one making defense had no part
that the battery will never happen therein.
again, that her partner will change
RELATIVES THAT CAN BE DEFENDED

1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and sisters, or
relatives by affinity in the same degrees
- The relationship by affinity between the surviving
spouse and blood relatives of deceased spouse
survives the death of either party to the marriage
which created such affinity.
5. Relatives by consanguinity within the fourth civil degree
Degree Includes (Consanguinity)
First Parents
Second Brothers, sisters
Third Uncle, aunt, niece, nephew
Fourth First cousins
JUSTIFICATION
- Founded not only upon humanitarian sentiment but also
upon the impulse of blood which impels men to rush, on
the occasion of great perils, to the rescue of those close
to them by ties of blood
REQUISITES, DEFENSE OF RELATIVE

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent
or repel it
3. IN CASE THE PROVOCATON WAS GIVEN BY THE PERSON
ATTACKED, THE ONE MAKING A DEFENSE HAD NO PART
THEREIN
- Unlawful aggression is a condition sine qua non,
without it any defense if not possible of justified
a. People v Moro Munabe. When two persons are
getting ready to strike at each other, a relative
who butts in and administers a deadly blow on
the other to prevent him from harming relative
is guilty of homicide
b. People v Panuril. Decease and his brother were
facing each other in a fight, each holding a
weapon. Accused hit the deceased causing his
death. If accused is the aggressor, he cannot
invoke defense of relative.
- Unlawful aggression can be made to depend upon

the honest belief of the one making a defense
a. When A was the unlawful aggressor against B,
and then the sons of A killed B believing in good
faith that A/father is the victim and B is the
unlawful aggressor, the killing is justified.
b. Olbinar v CA. Believing that her husband was
her victim of an unlawful aggression by two
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by Luis B. Reyes
men who had already beaten him up, the wife 3. ACTS IN DEFENSE OF THE PERSON OR RIGHTS OF A STRANGER
was justified in using a bolo to stop the assault. ARTICLE 11. Justifying circumstances. - The following do not
2. REASONABLE NECESSITY OF THE MEANS EMPLOYED TO
PREVENT OR REPEL IT 3. Anyone who acts in defense of the person or rights of
- The gauge of reasonable necessity of the means a stranger, provided that the first and second requisites
employed to repel the aggression is to be found in mentioned in the first circumstance of this Article are
present and that the person defending be not induced
the situation as it appears to the person preventing
by revenge, resentment, or other evil motive.
the aggression/ making the defense. (Eslabon v
People)
PERSONS COVERED
3. IN CASE THE PROVOCATION WAS GIVEN BY THE PERSON
- Any person no included in the enumeration of relatives in
ATTACKED, THE ONE MAKING A DEFENSE HAD NO PART
paragraph 2
THEREIN
- The fact that the relative defended gave
JUSTIFICATION
provocation is immaterial
- What one may do in his defense, another may do it for
- There is still a legitimate defense of relative even if
him
the relative being defended has given provocation,
- The ordinary man would not stand idly by and see his
provided that the one defending such relative has
companion killed without attempting to save his life
no part in the provocation.
- Even if the one defending a relative is induced by
REQUISITES, DEFENSE OF STRANGER
revenge or hatred, as long as the three requisites of
1. Unlawful aggression
defense of relatives are present, it will still be a
2. Reasonable necessity of the means employed to prevent
legitimate defense
or repel it
- US v Subingsubing. Furnishing a weapon to one in
EXAMPLES, DEFENSE OF RELATIVE
serious danger is considered defense of a stranger.
a. People v Ammalun. Accused heard his wife shouting for
help. He rushed into the house and saw deceased on top
3. THE PERSON DEFENDING BE NOT INDUCED BY REVENGE,
of his wife. He drew his bolo and hacked deceased at
RESENTMENT, OR OTHER EVIL MOTIVE
the case of his neck while deceased was forcibly abusing
- The stranger must be actuated by a disinterested or
his wife
generous motive, not by revenge, resentment or
b. US v Rivera. Rivera challenged deceased. Deceased
other evil motive
picked-up a bolo and chased Rivera. Upon overtaking
- Even if a person has a standing grudge against the
him, deceased inflicted tow wounds. Rivera’s father
assailant, if he enters upon the defense of a stranger
disarmed deceased using a cane. The father was
out of generous motive to save the stranger from
justified in disarming the deceased even if the son gave
harm or death, the third requisite is still present
provocation, but was guilty of homicide after inflicting
fata wounds to deceased.
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4. AVOIDANCE OF GREATER EVIL OR INJURY 3. That there be no other practical and less harmful means
ARTICLE 11. Justifying circumstances. - The following do not of preventing it
- The evil which brought about the greater evil must not
4. Any person who, in order to avoid an evil or injury, result from a violation of law by the actor.
does an act which causes damage to another, - There is no civil liability in justifying circumstances, except
provided that the following requisites are present; in paragraph 4 of Article 11. The civil liability is borne by
the persons benefitted.
First. That the evil sought to be avoided actually
exists;
Second. That the injury feared be greater than

that done to avoid it;
Third. That there be no other practical and less

harmful means of preventing it.
COVERAGE, “damage to another”

1. injury to persons
2. damage to property
REQUISITES, AVOIDANCE OF A GREATER EVIL OR INJURY

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

- The evil must actually exist
- Par 4 does not apply if evil is merely expected or
anticipated or may happen in the future
2. That the injury feared be greater than that done to avoid
it
- One’s own safety is of greater importance than of
another, self-preservation
- The greater evil should not be brought about by the
negligence or imprudence of the actor
- When accused was not avoiding any evil, he
cannot invoke the justifying circumstance of
avoidance of greater evil or injury
a. People v Ricohermoso. A and B attacked X,
father. Before Y, son, can defend his father
using a gun, C grappled with him killing Y. C
contended invoked avoidance of greater evil
since Y would have shoot A and B. Held: The act
of C against Y was designed to insure the killing
of X without risk to A and B, C was no avoiding
aby greater evil. Moreover, defense of his father
is not an evil that could be justifiably prevented.
- EXAMPLES, DAMAGE TO PROPERTY UNDER PAR 4

a. When a fire broke-out in a cluster of nipa
houses, in order to prevent the spread to
adjacent houses, the surrounding nipa houses
were pulled down.
b. Tan v Standard Vacuum Oil. A gasoline truck
caught fire while delivering to a gas station. To
prevent the gasoline station from catching fire,
the bus was driven to the middle of the street
and was abandoned, but it continued to move
crashing and burning a house at the other side
of the street.
c. During the storm, the captain ordered part of
the goods be thrown overboard to prevent he
ship from sinking.
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5. ACTS IN THE FULFILLMENT OF A DUTY OR IN THE LAWFUL EXERCISE threatened unlawful physical invasion or usurpation
OF A RIGHT OR OFFICE of his property.
ARTICLE 11. Justifying circumstances. - The following do not
incur any criminal liability: b. Unlawful aggression is not necessary; if there is
unlawful aggression against the person charged
5. Any person who acts in the fulfillment of a duty or in with the protection of the property, then paragraph
the lawful exercise of a right or office. 1/ defense of right to property applies
- The actual invasion of property may consist of a mere

REQUISITES disturbance of possession or of a real dispossession
1. That the Accused acted in the PERFORMANCE OF A DUTY a. If it is a mere disturbance of possession, force may
or in the LAWFUL EXERCISE OF A RIGHT OR OFFICE be used against it an any time as long as it continues
2. That the injury caused or the offense committed be the even beyond the prescriptive period for an action
NECESSARY CONSEQUENCE of the due performance of of forcible entry
duty or the lawful exercised of such right or office b. If the invasions consists of a real dispossession, force
to regain possession can be used only immediately
after the dispossession
- People v Oanis. First requisite was present because c. If the property is immovable, there should be no
accused peace officers trying to get a wanted criminal delay in the use of force to recover it; a delay, even
were acting in performance of a duty. Second requisite if excusable, will bar the right of use of force
was absent since they exceeded in the fulfillment of their
duty when they killed a sleeping person without making
any previous inquiry as to the identity of victim.
- People v Filipe Delima. A policeman who fired at a
fugitive equipped with a bamboo in the shape of a lance
who refused to surrender, although the shot proved to be
fatal, was justified.
- A guard is justified from shootin to an escaping prisoner.

a. Valcorza v People. Deceased was imprisoned
because of a relatively minor offense of stealing a
chicken. He attempted to escape from prison and
in the attempt, assaulted a policeman. Policeman
directly fired at him while he was jumping to another
part of the creek and the distance between them
widening. Prisoner was shot to death at the back.
The shooting was justified.
b. People v Lagata. A guard is justified in shooting a
prisoner who is trying to escape.
c. US v Magno. Constabulary soldiers who shot
escaping prisoner to death when he disregarded
warnings were not criminally liable.
- Shooting an offender who refused to surrender is justified.

a. People v Gayrama. Accused slashed the municipal
president on his arm with a bolo, ran away and
refused to be arrested. The Chief of police would
have been justified to shoot the accused.
b. US v Bertucio. Peace officers may arrest violators
even without a warrant of arrest if the violation is
committed in their own presence, or for the purpose
of preventing a crime about to be consummated.
 Shooting a thief who refused to be arrested is not

justified.
People v Bentres. Security guard was guilty of

homicide after he shoot a thief who had stolen
from the mining company. Guard exceeded the
fulfillment of his duty.
- A person protecting his possession of his property is

justified from injuring (not seriously) the one trying to get
it from him.
a. NCC, Article 429. The owner or lawful possessor of a
thing has the right to exclude any person from the
enjoyment and disposal thereof. For this purpose, he
may use such force as may be reasonably
necessary to repel or prevent an actual or
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6. ACTS IN OBEDIENCE TO AN ORDER ISSUED BY A SUPERIOR FOR the instruction of his superior. The instruction was not
SOME LAWFUL PURPOSE for a lawful purpose.
ARTICLE 11. Justifying circumstances. - The following do not b. People v Margen. A soldier who obeyed the order
incur any criminal liability: of his sergeant to torture to death the deceased is
criminally liable.
6. Any person who acts in obedience to an order issued
by a superior for some lawful purpose. - The subordinate is not liable for carrying out an illegal
order of his superior if he is not aware of the illegality of
the order and he is not negligent
REQUISITES, OBEDIENCE TO AN ORDER
1. That an order has been issued by a SUPERIOR
2. That such order must be for some LAWFUL PURPOSE
3. That the means used by the subordinate to carry out said
order is LAWFUL
- Both the person who gives the order and the person who
executes is must be action within the limitations
prescribed by law
- When the order is not for a lawful purpose, the

subordinate who obeyed it is criminally liable
a. People v Barroga. One who prepared a falsified
document with full knowledge of falsity is not
excused even if he merely acted in obedience to
IN IN FULFILLMENT OF
AVOIDANCE A DUTY OR IN OBEDIENCE
DEFENSE OF
SELF-DEFENSE DEFENSE OF RELATIVES OF A GREATER LAWFUL EXERCISE OF A LAWFUL
STARNGERS
EVIL OR OF RIGHT OR ORDER
INJURY OFFICE
Article 11 Article 11 Article 11 Article 11 Article 11 Article 11

BASIS
Paragraph 1 Paragraph 2 Paragraph 3 Paragraph 4 Paragraph 5 Paragraph 6
1. Unlawful Aggression; 1. Evil sought 1. The accused 1. That the

to be acted in the order has
2. Reasonable Necessity of the means employed to prevent or avoided performance been
repel it; actually of a duty or in issued by a
exists; the lawful superior;
3. Lack of sufficient 3. In case if 3. The person 2. Injury exercise of a 2. That such
provocation on provocation was defending feared be right or office; order must
the part of the given by the person be not greater 2. That the injury be for
person attacked, the one induced by than that caused or the some
defending making the defense revenge,
himself had no part therein done to offense lawful
resentment, avoid it; committed be purpose;
REQUISITES or other evil 3. There is no the necessary 3. That the
motive other consequence means
practical of the due used by
and less performance the
harmful of duty or the subordinat
means of lawful exercise e to carry
preventing of such right or out sad
it office order is
lawful.
1. Defense of 1. Spouse – Legitimate Strangers are

Person 2. Ascendants – any person not
2. Defense of Rights father, mother, included in the
3. Defense of grandparents, great enumeration of
Property grandparents in relatives in par 2
4. Defense of direct line
Honor 3. Descendants –
children,
SCOPE/ grandchildren,
great grandchildren
OTHER in direct line
NOTES 4. Brothers and Sisters –
legitimate, natural
or adopted
5. Relatives by affinity
in the same degree
6. Relatives by
consanguinity within
the fourth civil
degree
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►In all the exempting circumstances, intent is wanting in the agent

EXEMPTING CIRCUMSTANCES of the crime.
a. Paragraphs 1, 2, and 3 (imbecile, insane, minor) – No
intelligence, hence no intent
ARTICLE 12. Circumstances which exempt from criminal liability. b. Paragraph 4 – specifically states that actor causes injury
- the following are exempt from criminal liability: by mere accident without intention of causing it
c. Paragraphs 5 and 6 – no freedom of action, hence, no
1. An imbecile or an insane person, unless the latter has intent
acted during a lucid interval.
JUSTIFYING CIRCUMSTANCES v EXEMPTING CIRCUMSTANCES
When the imbecile or an insane person has
committed an act which the law defines as a felony JUSTIFYING CIRCUMSTANCE EXEMPTING CIRCUMSTANCE
(delito), the court shall order his confinement in one of No crime There is crime
the hospitals or asylums established for persons thus Act is justified Act not justified
afflicted, which he shall not be permitted to leave No criminal liability No criminal liability
without first obtaining the permission of the same No civil liability except in par 4 There is civil liability except in
court. par 4 and 7
2. A person under nine years of age.

EXEMPTING CIRUCMSTANCES
3. A person over nine years of age and under fifteen, 1. IMBECILITY OR INSANITY
unless he has acted with discernment, in which case, 2. MINORITY
such minor shall be proceeded against in 3. ACCIDENT WITHOUT FAULT OR INTENTION CAUSING IT
accordance with the provisions of Art. 80 of this Code. 4. ACTING UNDER COMPULSION OF AN IRRESISTIBLE FORCE
5. ACTING UNDER THE IMPULSE OF AN UNCONTROLLABLE
When such minor is adjudged to be criminally
FEAR
irresponsible, the court, in conformably with the
6. INSUPERABLE OR LAWFUL CAUSES
provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family who
shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with

due care, causes an injury by mere accident without
fault or intention of causing it.
5. Any person who act under the compulsion of

irresistible force.
6. Any person who acts under the impulse of an

uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by

law, when prevented by some lawful insuperable
cause.
EXEMPTING CIRUMSTANCES. (Non-immutability) those grounds for

exemption from punishment because there is wanting in the agent
of the crime any of the conditions which make the act voluntary
or negligent.
- The exemption from punishment is based on the

complete absence of intelligence, freedom of action, or
intent, or on the absence of negligence on the part of
the accused.
- RPC: A person must act with malice (dolo) or negligence

(culpa) to be criminally liable.
a. Without intelligence, freedom of action or intent,
one does not act with malice
b. Without intelligence, freedom of action or fault, one
does not act with negligence
- There is a crime committed but not criminal liability

arises.
►Exempting circumstance is a matter of defense to be proved by

the defendant to the satisfaction of the court.
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1. IMBECILITY OR INSANITY INSANITY AT THE TIME OF COMMISSION V

ARTICLE 12. Circumstances which exempt from criminal liability. INSANITY AT THE TIME OF THE TRIAL (SANE DURING COMMISSION)
- the following are exempt from criminal liability: AT THE TIME OF COMMISSION AT THE TIME OF TRIAL
Exempt from criminal liability Criminally liable
1. An imbecile or an insane person, unless the latter has Trial will be suspended until
acted during a lucid interval. mental capacity of the
accused be restored to afford
When the imbecile or an insane person has him a fair trial
committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of ►When it is shown that defendant had lucid intervals, it will be
the hospitals or asylums established for persons thus presumed that the offense was committed in one of them. But a
afflicted, which he shall not be permitted to leave
person who has been adjudged insane, or who has been
without first obtaining the permission of the same
committed to a hospital or to an asylum for the insane is presumed
court.
to continue to be insane.
BASIS. Complete absence of intelligence, an element of INCLUDED IN INSANITY NOT INCLUDED

voluntariness. - Schizophrenia or - Kleptomania
Dementia praecox - Feeblemindedness
(irresistible homicidal - Pedophilia
IMBECILITY V INSANITY
impulse)
IMBECILILITY INSANITY - Epilepsy
Exempt in all cases from Insane is not so exempt if it - Somnabulism
criminal liability can be show that he acted - Malignant Malaria
during a lucid interval
Advanced in aged but has a Acts with intelligence during

►Dementia praecox (irresistible homicidal impulse), now called
mental development lucid interval
Schizophrenia, is covered by the term insanity.
comparable to a 2-7 year-old
child
►On Kleptomania: If the mental defect deprived him of
Deprived completely of consciousness of his acts, considered insane and exempting. If it
reason or discernment and only diminished but did not deprive him of consciousness of his
freedom of the will at the time acts, it is only a mitigating circumstance.
of committing the crime
►On Epilepsy: Epilepsy may be covered by the term insanity.
- Mere abnormality of mental faculties is not enough,  People v Mancao. Accused was an epileptic but it was
especially if offender has not lost consciousness of his not proved that he was under influence of an epileptic
acts. fit when he committed the offense, he is not exempt.
PROCEDURE WHEN IMBECILE/INSANE COMMITS A FELONY ►Feeblemindedness is not imbecility. It is not exempting because
1. Court orders his confinement in a hospital/asylums offender could distinguish right from wrong.
established for persons afflicted
2. Person afflicted shall not be permitted to leave without ►Pedophilia is not insanity. Person afflicted could distinguish
permission of the court between right and wrong.
 Chin Ah Foo v Conception. Court has no power to
permit an insane person to leave the asylum without ►Amnesia is not proof of mental condition of the accused. Failure
first obtaining opinion of the Director of Health that to remember is in itself no proof for the mental condition of the
he may be released without danger. accused when the crime was performed. (People v Tabugoca)
►The defense must prove that the accused was insane at the ►Somnambulism/ Sleepwalking is embraced in the plea of
time of the commission of the crime. Presumption is always in insanity. (People v Gimena) The act of the person is not voluntary
favor of sanity. when he does not have intelligence and intent while doing the
- To ascertain the person’s mental condition at the time of act.
the act, it is permissible to receive evidence of the  Hypnotism. Still debatable.
condition of his mind during a reasonable period both
before and afterthat time. ►Chronic Malaria affects the nervous system and among such
complication is aute melancholia and insanity. (People v Lacena)
- Direct testimony is not required.
- Mind can be known only by outward acts. The thoughts,
the motives and the emotions of a person are read to
determine whether his acts conform to the practice of
people of sound mind.
- Circumstantial evidence, if clear and convincing, will
suffice to prove insanity. (People v Bonoan)
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2. MINORITY ►PRESUMPTION OF MINORITY. Child in conflict with the law shall

ARTICLE 12. Circumstances which exempt from criminal liability. enjoy the presumption of minority, and shall enjoy all the rights of
- the following are exempt from criminal liability: a CICL until proven to be 18 y/o or older at the time of the
commission of the offense.
2. A person under nine years of age.
►Minor is presumed to have acted without discernment.
3. A person over nine years of age and under fifteen, Prosecution must prove that a 15-28 y/o has acted with
unless he has acted with discernment, in which case,
discernment.
such minor shall be proceeded against in
accordance with the provisions of Art. 80 of this Code.
CHILD IN CONFLICT WITH THE LAW. A person who at the timeof the
When such minor is adjudged to be criminally commission of the offense is below 18 years old but not less than
irresponsible, the court, in conformably with the 15 years and one day old.
provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family who DISCERNMENT. The capacity of the child at the time of the
shall be charged with his surveillance and education commission of the offense to understand the differences between
otherwise, he shall be committed to the care of some right and wrong and the consequences of wrongful act.
institution or person mentioned in said Art. 80. - Determination of discernment shall take into account the
ability of a child to understand the moral and
psychological components of criminal responsibility and
RA 9344. JUVENILE JUSTICE AND WELFARE ACT. the consequences of the wrongful act.
SECTION 6. Minimum Age of Criminal Responsibility. – A child
- Discernment may be shown by
fifteen (15) years of age or under at the time of the commission
1. Manner of Committing the Crime.
of the offense shall be exempt from criminal liability. However,
the child shall be subjected to an intervention program pursuant d. People v Magsino. When the minor committed
to Section 20 of this Act. the crime during nighttime to avoid detection
or took the loot to another town to avoid
A child above fifteen (15) years but below eighteen (18) years discovery, he manifested discernment.
of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted 2. Conduct of the Offender
with discernment, in which case, such child shall be subjected a. Madali v Peope. Minor punched the body and
to the appropriate proceedings in accordance with this Act. head of the victim with a brass knuckle around
his fist. His cohorts hanged the victim’s body to
The exemption from criminal liability herein established does a nearby tree. They warned a witness not to
not include exemption from civil liability, which shall be
reveal their act to anyone or else they will kill
enforced in accordance with existing laws.
him.
DISCERNMENT V INTENT
BASIS. Paragraphs 2 and 3 are both based on the complete
DISCERNMENT INTENT
absence of intelligence.
Relates to the moral Refers to the desired act of
significance that a person the person
STAGE OF LIFE AGE LIABILITY ascribed the act
Age of Absolute 15 y/o and under Exempting
irresponsibility circumstance
►A person may not intend to shoot another but may be aware of
(infancy)
the consequence of his negligent act which may cause injury to
the same person in negligently handing an air rifle.
Age of Over 15 but under
Conditional 18 y/o
responsibility ►Burden to prove age is with the person alleging the age of the
CICL. If age of the child is contested prior to filing of information
a. Acted Exempting in court, a case for determination of age under summary
without circumstance proceeding may be filed with the Family Court.
discernment - Determination of Age
Age of b. Acted with Privileged mitigating 1. Best evidence: an original or certified true copy of
Mitigated discernment (penalty is reduced the certificate of live birth;
responsibility by degree lower 2. Similar authentic documents
than that imposed) a. baptismal certificates
b. school records or
Sentence
c. any pertinent document that shows the date
suspended
of birth of the child
Age of Full 18 y/o or over Full criminal
3. testimony of the child, testimony of a member of
responsibility responsibility
the family related to the child by affinity or
Age of Mitigated 70 y/o or over Mitigating consanguinity who is qualified to testify on matters
responsibility circumstance respecting pedigree, testimony of other persons,
(Senility) (no imposition of the physical appearance of the child and other
death penalty; if evidence
already imposed,
execution of death
penalty is
suspended and
commuted)
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3. ACCIDENT WITHOUT FAULT OR INTENTION CAUSING IT

ARTICLE 12. Circumstances which exempt from criminal liability. NON-EXAMPLES, ACCIDENT NOT APPRECIATED
- the following are exempt from criminal liability: a. People v Taylaran. Repeated blows negate the claim of
wounding by mere accident.
4. Any person who, while performing a lawful act with b. People v Reyes. Accidental shooting is negated by
due care, causes an injury by mere accident without threatening words preceding it and still aiming the gun at
fault or intention of causing it. the prostrate body of the victim, instead of immediately
helping him.
BASIS. Lack of negligence and intent. Under this condition, a

person does not commit either an intentional or culpable felony.
4. ACTING UNDER COMPULSION OF AN IRRESISTIBLE FORCE
ELEMENTS
ARTICLE 12. Circumstances which exempt from criminal liability.
1. A person is performing a lawful act
- the following are exempt from criminal liability:
- People v Galacgac. Art 12 Par 4 cannot be
invoked by accused who illegally discharged his 1. Any person who act under the compulsion of
firearm in a thickly populated place when it is irresistible force.
prohibited and penalized by Art 155 of RPC
- People v Vitug. Strking another with a gun in self-
defense, even if it fires and seriously injured the BASIS. Complete absence of freedom.
assailant, is a lawful act. The injury was caused by
accident. ►Presupposes that a person is compelled by means of force or
- People v Reyta. The act of drawing a weapon in violence to commit a crime
the course of a quarrel, not being in self-defense, is
unlawful (light thread, Art 285 RPC). Accident ELEMENTS, ACTING UNDER THE COMPULSION OF AN IRRESISTABLE
cannot be invoked as ground for exemption. FORCE
1. That the compulsion is by means of physical force
2. With due care 2. That the physical force must be irresistible
3. He causes an injury to another by mere accident 3. That the physical force must come from a third person
4. Without fault or intention of causing it
- People v San Juan. Accident as exempting - The force must be irresistible to reduce the actor to a
circumstance cannot be applied when accused is mere instrument who acts not only without will but
guilty of negligence. against his will.
ACCIDENT. Something that happens outside the sway of our will, - Duress, force, fear or intimidation must be present,
and although it comes about through some act of our will, lies imminent and impending and of such nature as to
beyond the bounds of humanly foreseeable consequences. induce a well-grounded apprehension of death or
- Accident presupposes the lack of intention to commit the serious bodily harm if the act is not done.
wrong done.
- Accident and negligence are intrinsically contradictory, a. US v Caballeros. Accused was at the plantation
once cannot exist with the other. gathering bananas. Upon hearing the shooting, he
ran but was seen by the leader of the band. They
 If the consequences are plainly foreseeable, it will be a called him and striking him with the butts of their
case of negligence. guns, compelled him to bury the bodies. Accused
a. People v Nocum. Accused tried to stop two person acted under the compulsion of irresistible force.
fighting by shooting twice in the air. The bout b. People v Sarip. Accused, equipped with a rifle,
continued so he fired another shot at the ground. claimed that he was threatened with a gun by the
The bullet ricocheted and killed a bystander. He is mastermind. There is no compulsion or irresistible
guilty of homicide. He willfully discharged his gun force.
without taking the precautions, the district was
populated and the likelihood that the bullet would - Irresistible force can never consist in an impulse or
glance over the pavement. passion or obfuscation. It must be of an extraneous force
coming from a third person.
EXAMPLES, ACCIDENT
b. US v Tañedo. Accused shot a wild chicken, but the slug
recoiled, and struck and killed a tenant. The tenant was
not in the direction at which the accused fired his gun. It
was not foreseeable that the slug would recoil after
hitting the wild chicken. There is no criminal liability.
c. US v Tayontong. A chauffer ran over a man who suddenly
and unexpectedly crossed the street because it was
physically impossible to avoid hitting him. Chauffer was
driving on the proper side of the road at a moderate
speed. He was not criminally liable.
d. People v Ayaya. When the husband was about to push
the door and crush the head of the son, the wife jabbed
the husband with the point of the umbrella to prevent
him from crushing the son’s head. Husband’s injury was a
mere accident.
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5. ACTING UNDER THE IMPULSE OF AN UNCONTROLLABLE FEAR e. People v Bagalawis. Nothing will excuse the act
ARTICLE 12. Circumstances which exempt from criminal liability. of joining an enemy to commit treason but the
- the following are exempt from criminal liability: fear of immediate death.
2. Any person who acts under the impulse of an - Speculative, fanciful and remote fear is not
uncontrollable fear of an equal or greater injury. uncontrollable fear
a. People v Moreno. Accused executed the victim
under the order of Major Sasaki. When accused
BASIS. Complete absence of freedom. refused to comply with the order, the Captain
Actus me invito factus non est meus actus. An act done by me said “You have to comply… otherwise, you
against my will is not my act. have to come along with us.” That threat is not
of such serious character and imminence.
►Presupposes that a person is compelled to commit a crime by b. People v Fernando. Mere fear of a member of
another; the compulsion is by means of intimidation or threat, not the Huk movement to disobey or refuse to carry
force or violence. out orders of the organization, in the absence
of proof of actual physical or moral compulsion
ELEMENTS, ACTING UNDER THE IMPULSE OF AN UNCONTROLLABLE to act, is not sufficient to exempt accused from
FEAR (People v Petenia) criminal liability.
1. Existence of an uncontrollable fear
2. The fear must be real and imminent IRRESISTABLE FORCE v UNCONTROLLABLE FEAR
3. The fear of an injury is greater than or at least equal to IRRESISTABLE FORCE UNCONTROLLABLE FEAR
that committed The offender uses violence or The offender employs
4. That if promises an evil of such gravity and imminence physical force to compel intimidation or threat in
that he ordinary man would have succumbed to it (US v another person to commit a compelling another to
Elicanal) crime commit a crime
- US v Exaltacion. Accused were compelled under
fear of death to swear allegiance to the Katipunan
whose purpose was to overthrow the government
by force of arms. Accused are not liable for rebellion 6. INSUPERABLE OR LAWFUL CAUSES
because they joined under the impulse of ARTICLE 12. Circumstances which exempt from criminal liability.
uncontrollable fear of an equal or greater injury. - the following are exempt from criminal liability:
►Duress as a valid defense should be based on real, imminent or 7. Any person who fails to perform an act required by
reasonable fear for one’s life or limb, and should not speculative, law, when prevented by some lawful insuperable
fanciful or remote fear. cause.
- A threat of future injury is not enough. Compulsion
must leave no opportunity to the accused for
escape or self-defense in equal combat. BASIS. Excuses accused because he acts without intent, the third
- EXCEPTION: Duress is unavailing where the accused condition of voluntariness in an intentional felony
had the opportunity
1. to run away if he had wanted to or ELEMENTS, INSUPERABLE OR LAWFUL CAUSES
2. to resist any possible aggression because he 1. That an ACT IS REQUIRED BY LAW TO BE DONE
was also armed. 2. That a person FAILS TO PERFORM such act
3. That his failure to perform such act was DUE TO SOME
a. People v Parulan. The accused had several LAWFUL OR INSUPERABLE CAUSES
opportunities to leave the gang that
intimidated him into committing a crime to - Prevented by some LAWFUL CAUSE
kidnap the victim. Defense that he acted a. Article 116 RPC requires a Filipino citizen who knows
under intimidation is untenable. of a conspiracy against the Government to report
b. People v Vargas. Accused was armed with a the same to the governor or fiscal of the province
rifle, while the leader who threatened him to where he resides. A priest who do not disclose a
join the band was armed with a revolver only. confession to commit conspiracy against the
He could have resisted the leader. Accused did Government is exempt from criminal liability.
not act under impulse of an uncontrollable fear.
c. People v Rogado. Accused was armed with a - Prevented by some INSUPERABLE CAUSE
carbine which he could use to protect himself a. US v Vicentillo. Under the law, person arrested must
from his superiors. Victim was brought to a be delivered to the nearest judicial authority within
secluded place away from the superior, 18 hours, otherwise, the public officer will be liable
accused could have escaped. Accused for arbitrary detention. Municipal president
carried out the order to kill victim with a blow detained the offended party for three days
that almost severed the head from the body. because to take him to the nearest justice of the
He did not act under pressure of fear or force. peace required journey for three days by boat as
d. People v Ragala. Under the comman of there was no other means of transportation.
Hukbalahap, accused told his companions to b. People v Bandian. Mother was overcome by severe
dig a grave, and he also walked behind the dizziness and extreme debility at the time of
Hukblahap killers to the place of execution of childbirth and left the child in a thicker where it died.
the victim. Accused acted under the impulse of Mother is not liable for infanticide because it was
uncontrollable fear. physically impossible for her to take home the child.
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of rendering some service to humanity or justice, nor to

ABSOLUTORY CAUSES anyone who shall enter cafes, taverns, inn and other
public houses, while the same are open.
ABSOLUTORY CAUSES. Those where the act committed is a crime 8. Article 332. Persons exempt from criminal liability. - No
but for reasons of public policy and sentiment, there is no penalty criminal, but only civil liability, shall result from the
imposed. commission of the crime of theft, swindling or malicious
mischief committed or caused mutually by the following
A. JUSTIFYING CIRCUMSTANCES persons:
B. EXEMPTING CIRCUMSTANCES
C. OTHER ABSOLUTORY CAUSES 1) Spouses, ascendants and descendants, or
1. SPONTANEOUS DESISTANCE DURING THE ATTEMPTED relatives by affinity in the same line.
STAGE 2) The widowed spouse with respect to the
Article 6. The spontaneous desistance of the person who property which belonged to the deceased
commenced the commission of a felony before he could spouse before the same shall have passed into
perform all the acts of execution (attempted stage), and the possession of another; and
no crime under another provision of the RPC or other 3) Brothers and sisters and brothers-in-law and
penal law is committed sisters-in-law, if living together.
2. LIGHT FELONY IS ONLY ATTEMPTED/FRUSTRATED, AND IS The exemption established by this article shall not be
NOT AGAINST PERSONS OR PROPERTY. applicable to strangers participating in the commission
Article 7. When light felonies are punishable. - Light of the crime.
felonies are punishable only when they have been
consummated, with the exception of those committed 9. MARRIAGE OF THE OFFENDER AND OFFENDED PARTY IN
against person or property. RAPE, ABDUCTION, SEDUCTION, OR ACTS OF
LASCIVIOUSNESS
3. ACCESSORY IS A RELATIVE TO THE PRINCIPAL Article 344. Par 4. In cases of seduction, abduction, acts
Article 20. Accessories who are exempt from criminal of lasciviousness and rape, the marriage of the offender
liability. - The penalties prescribed for accessories shall with the offended party shall extinguish the criminal
not be imposed upon those who are such with respect to action or remit the penalty already imposed upon him.
their spouses, ascendants, descendants, legitimate, The provisions of this paragraph shall also be applicable
natural, and adopted brothers and sisters, or relatives by to the co-principals, accomplices and accessories after
affinity within the same degrees, with the single the fact of the above-mentioned crimes.
exception of accessories falling within the provisions of
paragraph 1 of the next preceding article. 10. INSTIGATION is an absolutory cause.
 ENTRAPMENT is not an absolutory cause.
4. Article 19, par 1. Considered accessory by taking part
subsequent to commission of the crime “By profiting BASIS. A sound public policy requires that the courts shall
themselves or assisting the offender to profit by the condemn instigation by directing the acquittal of the
effects of the crime.” accused.
5. LEGAL GROUNDS FOR ARBITRARY DETENTION a. US v Phelps. A person instigated to smoke opium by
Article 124, last paragraph. The commission of a crime, or the police officer himself is not criminally liable.
violent insanity or any other ailment requiring the b. People v Lia Chua. Pretending to have an
compulsory confinement of the patient in a hospital, shall understanding with the Collector of Customs, Juan
be considered legal grounds for the detention of any Samson smoothened the way for the introduction of
person. prohibited drugs after the accused had already
planned its importation and ordered for the said
6. SLIGHT OR LESS SERIOUS INJURIES INFLICTED BY A PERSON drug. Juan Samson did not induce or instigate the
WHO SURPRISED HIS SPOUSE OR DAUGHTER IN THE ACT OF accused. It was a trap set to catch a criminal.
SEXUAL INTERCOURSE WITH ANOTHER PERSON
Article 247. Death or physical injuries inflicted under INSTIGATION ENTRAPMENT
exceptional circumstances. - Any legally married person Instigator practically The ways and means are
who having surprised his spouse in the act of committing introduces the would-be resorted to for the
sexual intercourse with another person, shall kill any of accused into the purpose of trapping and
them or both of them in the act or immediately commission of the capturing the lawbreaker
thereafter, or shall inflict upon them any serious physical offense and himself in the execution of his
injury, shall suffer the penalty of destierro. becomes co-principal criminal plan
If he shall inflict upon them physical injuries of any other The law enforcer The means originates
conceives the comission from the mind of the
kind, he shall be exempt from punishment.
of the crime and suggests criminal. The idea and
to the accused who resolve come from him.
7. LEGAL GROUNDS FOR TRESPASS adopts the idea and
Article 280, par. 3. The provisions of this article (on trespass carries it into execution.
to dwelling) shall not be applicable to any person who
shall enter another's dwelling for the purpose of Absolutory cause NOT absolutory cause
preventing some serious harm to himself, the occupants Accused will be NO a bar against
of the dwelling or a third person, nor shall it be applicable acquitted accused’s prosecution
to any person who shall enter a dwelling for the purpose and conviction
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Must be made by public offended party shall extinguish the criminal action or
officers or private remit the penalty already imposed upon him. The
detectives provisions of this paragraph shall also be applicable to
the co-principals, accomplices and accessories after the
►If instigation was made by a private individual and not fact of the above-mentioned crimes.
performing public function, both he (principal by
induction) and the one induced (principal by direct
participation) are criminally liable.
COMPLETE DEFENSES IN CRIMINAL CASES

1. ANY OF THE ESSENTIAL ELEMENTS OF THE CRIME CHARGED
IS NOT PROVED BY THE PROSECUTION AND THE ELEMENTS
PROVED DO NOT CONSTITUTE ANY CRIME
2. THE ACT OF THE ACCUSED FALLS UNDER ANY OF THE

JUSTIFYING CIRCUMSTANCES. (Article 11)
3. THE CASE OF THE ACCUSED FALLS UNDER ANY OF THE

EXEMPTING CIRCUMSTANCES (Article 12)
4. THE CASE IS COVERED BY ANY OF THE ABSOLUTORY

CAUSES
5. GUILT OF THE ACCUSED WAS NOT ESTABLISHED BEYOND

REASONABLE DOUBT
6. PRESCRIPTION OF CRIMES (Article 89)
Article 89. How criminal liability is totally extinguished. -

Criminal liability is totally extinguished:
1) By the death of the convict, as to the personal
penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of
the offender occurs before final judgment.
2) By service of the sentence;
3) By amnesty, which completely extinguishes the
penalty and all its effects;
4) By absolute pardon;
5) By prescription of the crime;
6) By prescription of the penalty;
7) By the marriage of the offended woman, as
provided in Article 344 of this Code.
7. PARDON BY THE OFFENDED PARTY BEFORE THE INSTITUTION

OF CRIMINAL ACTION IN CRIME AGAINST CHASTITY
(Article 344)
Article 344. Prosecution of the crimes of adultery,

concubinage, seduction, abduction, rape and acts of
lasciviousness. - The crimes of adultery and
concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse.
The offended party cannot institute criminal prosecution

without including both the guilty parties, if they are both
alive, nor, in any case, if he shall have consented or
pardoned the offenders.
The offenses of seduction, abduction, rape or acts of

lasciviousness, shall not be prosecuted except upon a
complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the
offender has been expressly pardoned by the above
named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness

and rape, the marriage of the offender with the
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CHAPTER THREE 2. Privileged Mitigating Circumstances

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY a. Article 68. Penalty to be imposed upon a person
under eighteen years of age. - When the offender is
a minor under eighteen years and his case is one
Article 13. Mitigating circumstances. - The following are coming under the provisions of the paragraphs next
mitigating circumstances; to the last of Article 80 of this Code, the following
rules shall be observed:
1. Those mentioned in the preceding chapter, when all
the requisites necessary to justify or to exempt from 1) Upon a person under fifteen but over nine years
criminal liability in the respective cases are not
of age, who is not exempted from liability by
attendant.
reason of the court having declared that he
2. That the offender is under eighteen year of age or acted with discernment, a discretionary
over seventy years. In the case of the minor, he shall penalty shall be imposed, but always lower by
be proceeded against in accordance with the two degrees at least than that prescribed by
provisions of Art. 80. law for the crime which he committed.
3. That the offender had no intention to commit so grave 2) Upon a person over fifteen and under eighteen
a wrong as that committed. years of age the penalty next lower than that
prescribed by law shall be imposed, but always
4. That sufficient provocation or threat on the part of the in the proper period.
offended party immediately preceded the act.
b. Article 69. Penalty to be imposed when the crime
5. That the act was committed in the immediate
committed is not wholly excusable. - A penalty lower
vindication of a grave offense to the one committing
by one or two degrees than that prescribed by law
the felony (delito), his spouse, ascendants, or relatives
by affinity within the same degrees. shall be imposed if the deed is not wholly excusable
by reason of the lack of some of the conditions
6. That of having acted upon an impulse so powerful as required to justify the same or to exempt from
naturally to have produced passion or obfuscation. criminal liability in the several cases mentioned in
Article 11 and 12, provided that the majority of such
7. That the offender had voluntarily surrendered himself conditions be present. The courts shall impose the
to a person in authority or his agents, or that he had penalty in the period which may be deemed
voluntarily confessed his guilt before the court prior to proper, in view of the number and nature of the
the presentation of the evidence for the prosecution; conditions of exemption present or lacking.
8. That the offender is deaf and dumb, blind or otherwise

c. Article 64 (5). Rules for the application of penalties
suffering some physical defect which thus restricts his
which contain three periods. - In cases in which the
means of action, defense, or communications with his
fellow beings. penalties prescribed by law contain three periods,
whether it be a single divisible penalty or composed
9. Such illness of the offender as would diminish the of three different penalties, each one of which forms
exercise of the will-power of the offender without a period in accordance with the provisions of
however depriving him of the consciousness of his Articles 76 and 77, the court shall observe for the
acts. application of the penalty the following rules,
according to whether there are or are not mitigating
10. And, finally, any other circumstances of a similar or aggravating circumstances:
nature and analogous to those above mentioned.
5) When there are two or more mitigating
circumstances and no aggravating
circumstances are present, the court shall
MITIGATING CIRCUMSTANCES. Those which, if present in the impose the penalty next lower to that
commission of the crime, do not entirely free the actor from prescribed by law, in the period that it may
criminal liability, but serve only to reduce the penalty. deem applicable, according to the number
- BASIS. Based on the diminution of either freedom of and nature of such circumstances.
action, intelligence, or intent, or on the lesser perversity of
the offender. d. PRIVILEGED MITIGATING CIRCUMSTANCES
- Mitigating circumstances only reduce the penalty but do APPLICABLE ONLY TO PARTICULAR CRIMES
not change the nature of the crime 1) Voluntary release of the person illegally
detained within three days without the
CLASSES OF MITIGATING CIRCUMSTANCES offender attaining his purpose and before
1. Ordinary Mitigating Circumstances the institution of criminal action. (Art 268,
- Those enumerated in subsections 1 to 10 of Article 13 par 3). The penalty is one degree lower.
- Those mentioned in subsection 1 of Article 13 are 2) Abandonment without justification of the

ordinary mitigating circumstances, if Article 69, for spouse who committed adultery. (Art 333,
instance, is no applicable. par 3) The penalty is one degree lower.
Article 13 (1). Those mentioned in the preceding

chapter, when all the requisites necessary to justify
or to exempt from criminal liability in the respective
cases are not attendant.
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ORDINARY MITIGATING v PRIVILEGED MITIGATING 1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE

ORDINARY MITIGATING PRIVILEGED MITIGATING Article 13. Mitigating circumstances. - The following are
Susceptible of being offset by Cannot be offset by mitigating circumstances:
any aggravating aggravating circumstance
circumstance 1. Those mentioned in the preceding chapter, when all the
If not offset by an aggravating Produces the effect of requisites necessary to justify or to exempt from criminal liability
circumstance, produces only imposing upon the offender in the respective cases are not attendant.
the effect of applying the the penalty lower by one or
penalty provided by law for two degrees than that
the crime in its minimum provided by law for the crime ►When not all (but majority of) the elements of the following
period, in case of divisible justifying or exempting circumstances are present, they give place
penalty to mitigation:
1. Self-defense (Art 11(1))
MITIGATING CIRCUMSTANCES 2. Defense of Relatives (Art 11(2))
1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE 3. Defense of Starnger (Art 11(3))
2. MINORITTY (15-18 Y/O WITH DISCERNMENT), OR SENILITY 4. State of Necessity (Art 11(4))
(OVER 70 Y/O) 5. Performance of Duty (Art11 (5))
3. NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER 6. Obedience to order of superior (Art 11(6)
INTENTIONEM) 7. Minority above 15 but below 18 years of age (RA 9344)
4. SUFFICENT THREAT OR PROVOCATION 8. Causing injury by mere accident (Art 12 (4))
5. VINDICATION OF GRAVE OFFENSE 9. Uncontrollable fear (Art 12 (6))
6. PASSION AND OBFUSCATION
7. VOLUNTARY SURRENDER AND CONFESSION OF GUILT *Article 12 paragraphs 1 and 2 cannot give place to
8. PHYSICAL DEFECT OF OFFENDER mitigation. The mental condition of a person is indivisible,
9. ILLNESS OF THE OFFENDER no middle ground between sanity and insanity.
10. SIMILAR OR ANALOGOUS CIRCUMSTANCES  If offender is suffering from some illness which
diminishes the exercise of willpower, without
depriving him of consciousness of his acts, such
circumstance is considered mitigation under
Article 13 par 9.
INCOMPLETE JUSTIFYING CIRCUMSTANCES

a. INCOMPLETE SELF-DEFENSE, DEFENSE OF RELATIVES, AND
DEFENSE OF STRANGER
- Unlawful aggression must be present, it being an
indispensable requisite.
1) Unlawful aggression + means employed is not
reasonable + lack of provocation
2) Unlawful aggression + reasonable necessity of
the means employed + gave provocation
b. Incomplete justifying circumstances of AVOIDANCE OF

GREATER EVIL OR INJURY
- If any of the last two requisites is absent, mitigating
1) (First) That the evil sought to be avoided
actually exists + (Second) That the injury feared
be greater than that done to avoid it;
2) (First) That the evil sought to be avoided
actually exists + (Third) That there be no other
practical and less harmful means of preventing
it.
c. Incomplete justifying circumstance of PERFROMANCE OF

DUTY
- People v Oanis. One of the two requisites must be
present
a) That the accused acted in the performance of
a duty or in the lawful exercise of a right or
office; or
b) That the injury caused or offense committed be
the necessary consequence of the due
performance of such duty or the lawful exercise
of such right
d. Incomplete justifying circumstance of OBEDIENCE TO AN

ORDER
- Requisite
a) Lawful Purpose
b) Act in Obedience to an Order
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by Luis B. Reyes
- People v Bernal. Only second requisite was present, DIVERSION. An alternative, child-appropriate process of
SC granted mitigation. Roleda fired at the prisoner determining the responsibility and treatment of a child in
following the order of his sergeant, but the order was conflict with the law on the basis of his/her social, cultural,
obviously illegal and unwarranted. Benting led his economic, psychological or educational background
companions to believe that Pilones had killed not without resorting to formal court proceedings.
only a barrio lieutenant but also a comrade military
police. This may have aroused in Roleda a feeling of DIVERSION PROGRAM. The program that the child in
resentment that may have impelled him to readily conflict with the law is required to undergo after he/she
and without questioning follow the order of Sgt. is found responsible for an offense without resorting to
Benting. Roleda was a subordinate of Sgt. Benting formal court proceedings.
who gave the order, and while out on patrol, the
soldiers were under the immediate command and SYSTEM OF DIVERSION
control of Sgt. Benting. Where the The law enforcement office or Punong
imposable penalty Barangay, assisted by local SWDO and
INCOMPLETE EXEMPTING CIRCUMSTANCES is not more than six LCPC
a. Incomplete exempting circumstance of OVER 15 AND years
UNDER 18 YEARS OF AGE imprisonment Conduct mediation, family
- Two requisites/conditions must be present conferencing and conciliation, and
where appropriate, adopt indigenous
a) That the offender is over 15 and under 18 years
modes of conflict resolution
old, AND (+)
b) That he acted with discernment
In victimless crimes Local SWDO
with imposable
b. Incomplete exempting circumstance of ACCIDENT penalty is not more Meet with the child and hi parents or
- Requisites than six years guardians for the development of the
a) A person is performing a lawful act imprisonment appropriate diversion and rehabilitation
b) He causes injury to another by mere accident program, in coordination with the BCPC
c) Without intention of causing it
- Elements of the justifying circumstance not present Where the Diversion measures may be resorted to
a) Due care imposable penalty only by the courts
b) Without fault of causing it exceeds six years
imprisonment
- Person must be performing a lawful act and without
intention to cause injury, otherwise, he commits an ►A CICL may undergo conferencing, mediation or conciliation
intentional felony outside the criminal justice system or prior to his entry to the system.
- Article 365 which punishes felony by imprudence A Contract of Diversion may be entered into.
and negligence sets a penalty lower than that which a. If during the conferencing, mediation or conciliation, the
punishes intentional felony; hence, mitigating child voluntarily admits the commission of the act, a
diversion program shall be developed.
c. Incomplete exempting circumstance of b. Diversion program shall be effective and binding if
UNCONTROLLABLE FEAR accepted in writing by both parties concerned. Must be
- Either one of the two requisites must be present signed by the parties and appropriate authorities.
a) That the threat which cause the fear was of an c. Diversion proceedings shall be completed within 45 days.
evil greater than, or at least equal to, that which Period of prescription of the offense shall be suspended
he was require to commit, OR until the completion of the diversion proceedings.
b) That it promised an evil of such gravity and d. Local SWDO shall supervise the implementation of the
imminence that an ordinary person would have diversion program.
succumbed to it (uncontrollable) e. The child shall present himself to the competent
authorities that imposed the diversion program at least
once a month for reporting and evaluation.
f. Failure to comply with the terms and conditions of the
2. MINORITTY (15-18 Y/O WITH DISCERNMENT), OR SENILITY (OVER contract of diversion as certified by the local SWDO shall
70 Y/O) give the offended party the option to institute the
Article 13. Mitigating circumstances. - The following are appropriate legal action.
mitigating circumstances: g. Period of prescription of the offense shall be suspended
during the effectivity of the diversion program, but not
2. That the offender is under eighteen year of age or over exceeding two years.
seventy years. In the case of the minor, he shall be proceeded h. Diversion may be conducted at the Katarungang
against in accordance with the provisions of Art. 80. Pambarangay, the police investigation or the inquest or
preliminary investigation stage and at all level and
phases of the proceedings including judicial level.
BASIS. Based on the diminution of intelligence which is a condition
of voluntariness. ►If the offense is not subject to diversion:
a. The Punong Barangay handling the case shall, within
►When the offender is at least 15 but under 18 y/o, he may be three days from the determination of the absence of
exempt from criminal liability if he acted WITHOUT discernment. jurisdiction over the case or termination of the diversion
 If such offender acted WITH discernment, he shall proceeding as the case may be, forward the records of
undergo diversion programs under RA 9344. the case to the law enforcement officer, prosecutor or
the appropriate court.
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b. In case a law enforcement officer handles the case, he medical treatment. Those who attended to victim did not
shall forward the records of the case within the three know how to stop or control in time the victim’s
days to the prosecutor or judge concerned for the hemorrhage.
conduct of inquest and/or preliminary investigation/ c. People v Ural. Policeman boxed deceased detention
c. The document transmitting said records shall display the prisoner inside the jail. Deceased collapsed because of
word “CHILD” in bold letters. the fistic blow. Accused stepped on the body and left.
He returned with a bottle, poured its content to the
►Senility or that the offender is over 70 y/o is only a generic deceased and ignited it. Held: It is manifest from the
mitigating circumstance. proven facts that appellant Ural had no intent to kill
- Prior to the enactment of RA 9346 (prohibiting death Napola. His design was only to maltreat him may be
penalty), there were two cases where senility had the because in his drunken condition he was making a
effect of a privileged mitigating circumstance: nuisance of himself inside the detention cell. When Ural
1) When the offense is punishable by death, that realized the fearful consequences of his felonious act, he
death penalty shall not be imposed allowed Napola to secure medical treatment at the
2) When the death penalty is already imposed, it municipal dispensary.
shall be suspended and commuted.
- The death penalty will be lowered to life imprisonment ►In Article 13 Par 3, it is the intention of the offender at the moment
(reclusion perpetua). when he is committing the crime that is considered, NOT his
intention during the planning stage.
HOW INTENTION IS PROVEN

3. NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER 1. Intention, being an internal state, must be judged by
INTENTIONEM) external acts.
Article 13. Mitigating circumstances. - The following are a. The fact that the blow was or was not aimed at
mitigating circumstances: a vital part of the body
b. US v Mendac. By hitting the victim in the
3. That the offender had no intention to commit so grave a abdomen, accused has a definite and
wrong as that committed. perverse intention of producing the injury.
c. People v Ural. After realizing his crime, accused
allowed the victim to secure medical treatment
BASIS. Intent, which is an element of voluntariness in intentional d. US v Fritzgerald. By using a revolver which is
felonies, is diminished sufficient means to kill, intent to kill is presumed.
e. People v Amit. Accused was 25 who tried to
►Take into account only when it is proven that there is a notable rape victim, 57. When victim resisted, accused
and evident disproportion between the means employed to boxed her, held her on the neck and pressed it
execute the criminal act and its consequences. down while she was lying on her back and he
was on top of her. The acts were sufficient to
APPLICATION OF ART 13 PAR 3 produce the death of victim.
a. Applicable only to offenses resulting in Physical Injuries or f. People v Orongan. Accused used a six-inch
material harm knife to stab victim. He even attempted a
 Does NOT apply in slander, defamation second stab. Art 13 Par 3 does not apply.
 Appreciated in Malversation of Public Funds
2. The weapon used, the part of the body injured, the injury
b. Appreciated in murder qualified by circumstances inflicted, and the manner it is inflicted may show that the
based on manner of commission, but not on state of accused intended the wrong committed.
mind of accused a. People v Braña. Inflicting five stab wounds in
 Does not apply in murder qualified by treachery rapid succession negates pretense of lack of
intention to cause so serious an injury.
c. LACK OF INTENT TO KILL, appreciated in crimes against b. People v Abueng. In robbery with homicide,
persons when the victim dies where it has not been proven that in forcing
 Does not apply in Physical Injuries entrance through the door, accused were not
aware that the deceased was behind the door
d. Does NOT apply in felonies by negligence (since in culpa, and would be hurt.
intent is replaced by negligence, imprudence, lack of
foresight or lack of skills)
e. Not applicable in Unintentional Abortion. 4. SUFFICENT THREAT OR PROVOCATION

 People v Falmeño. Art 13 par 3 was applied when
Article 13. Mitigating circumstances. - The following are
accused having intended at the most to maltreat mitigating circumstances:
the complainant only, pulled her hair, causing her
to fall and caused the fetus to fall from her womb. 4. That sufficient provocation or threat on the part of the
offended party immediately preceded the act.
EXAMPLES, WHEN INTENT IS PRESENT/ PROVEN

a. People v Rabao. Husband punched his wife in the BASIS. Diminution of intelligence and intent
abdomen causing the rapture of her hypertrophied
spleen from which she died. PROVOCATION. Any unjust or improper conduct or act of the
b. US v Bertucio. Accused gave a single blow at the right offended party, capable of exciting, inciting, or irritating any one
arm of the victim. Victim died due to neglect and lack of
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REQUISITES, PROVCATION 3. That the provocation must be immediate to the act, i.e.
1. That the provocation must be sufficient to the commission of the crime by the person who is
2. That it must originate from the offended party; and provoked
3. That the provocation must be immediate to the act, i.e. - People v Alconga. Provocation made by the
to the commission of the crime by the person who is deceased in the first stage of the fight is NOT a
provoked mitigating circumstance when the accused killed
him after he had fled.
1. That the provocation must be sufficient - Between the provocation by the victim and the
- Sufficient means adequate to excite a person to commission of the crime by the person provoked/
commit the wrong and must accordingly be accused, there should NOT be an interval of time.
proportionate to its gravity
- Depends upon the act constituting the provocation, Ratio: The law requires that thee provocation
the social standing of the person provoked, the “immediately preceded the act.”
place and the time when the provocation is made
- EXAMPLES, SUFFIFICENT PROVOCATION - Threat immediately preceded the act
a. US v Carrero. The victim, a laborer, left his place - Threat must NOT be offensive or positively strong,
in the line to receive their wages and forced his because if it is, the threat is an unlawful aggression
way into the files. Accused foreman ordered that will give rise to self-defense
him out but he persisted. Foreman gave him a - Vague threats are not sufficient
blow. When the aggression is in retaliation for an a. Not sufficient: “If you do not agree, beware.”
insult, injury, or threat, the offender cannot b. Sufficient: “Follow us if you dare and we will kill
claim self-defense but at most, he can be given you.”
the provocation as mitigating circumstance.
b. US v Firmo. Deceased abused and ill-treated SUFFICIENT PROVOCATION,
the accused by kicking and cursing him. AS A REQUISITE OF INCOMPLETE SELF-DEFENSE v
c. People v Marquez. While in his house, the AS A MITIGATING CIRCUMSTANCE
accused saw an unknown person jumping out Incomplete Self-Defense Mitigating Circumstance
of his window and his wife begged for pardon Must be absent on the part of Must be present on the part of
on her knees. He killed his wife. the person defending himself the offended party/ accused
d. US v Cortes. In a challenge to fight, where the
deceased insulted the accused, there is no self-
defense but there is provocation. 5. VINDICATION OF GRAVE OFFENSE
 US v Mandac. Deceased challenged Article 13. Mitigating circumstances. - The following are
accused. They were prevented by other mitigating circumstances:
people from fighting. Accused sought
deceased in their house. No provocation. 5. That the act was committed in the immediate vindication of
e. People v Manansala. Victim hit the accused on a grave offense to the one committing the felony (delito), his
spouse, ascendants, or relatives by affinity within the same
the eye with his fist before the fight.
degrees.
f. US v Firmo. The accused who was intoxicated,
abused the accused by kicking and cursing
him. Accused stabbed victim.
BASIS. Based on the diminution of the conditions of voluntariness
g. People v Macariola. Victim kicked accused on
the chest prior to the stabbing.
REQUISITES, VINDICATION
h. Romera v People. Thrusting his bolo to accused,
1. That there be a grave offense done to the one committing
threatening to kill him and hacking the bamboo
the felony, his spouse, ascendants, descendants,
walls of his house.
legitimate, natural or adopted brothers or sisters, or
relatives by affinity within the same degrees;
- EXAMPLES, PROVOCATION NOT SUFFICIENT
2. That the felony is committed in vindication of such grave
a. People v Laude. Victim asked accused for
offense. A lapse of time is allowed between the
explanation for his derogatory remarks against
vindication and the doing of the grave offense.
certain ladies.
b. People v Nabora. Victim pointed his finger at
the accused, asked him what he was doing at
1. That there be a grave offense done to the one committing
there, and said “Don’t you know we are
the felony, his spouse, ascendants, descendants,
watching for honeymooners here?”
legitimate, natural or adopted brothers or sisters, or
c. US v Abijan. Deceased (public officer) ordered
relatives by affinity within the same degrees;
the arrest of the accused for misdemeanor.
- AGAINST THE PERSON OR HIS RELATIVES;
Performance of a duty is not a source of
Relatives included
provocation.
1. Spouse
d. People v Court of Appeals, GR 103613. Blowing
2. Ascendants and descendants
of horns, cutting of lanes or overtaking are not
3. Legitimate, natural or adopted brothers or
sufficient provocation.
sisters
4. Relative by affinity within the same degree
2. That it must originate from the offended party; and
- Relationship by affinity created by
- Ratio: The law says that the provocation is “on the
marriage survives the death of any of the
part of the offended party.”
spouses.
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- GRAVITY OF OFFENSE Provocation or threat must Vindication may be

- Must be decided by court, having in mind the immediately precede the act proximate
social standing o fthe person, the place and the
time when the insult was made(People v Ruiz) There be no interval of time Allows interval of time
- EXAMPLES between the provocation between the grave offense
a. US v Ampar. During a fiesta, a 70 y/o man and crime and the crime
asked deceased for roast pig. In the
presence of many guests, the deceased Concerns mere spite against Concerns the honor of a
one giving provocation person
insulted the old man. When the deceased
was squatting down, the old man struck
►Law is more lenient in vindication since it concerns the honor of
him with an axe on the head from behind.
a person which is an offense more worthy of consideration than
The age of the accused and the place
mere spite against one giving provocation or threat.
were considered in determining gravity of
the offense.
►Provocation should be proportionate to the damage caused by
b. People v Rosel. Remark of the injured party
the act and adequate to stir one to its commission
before the guests that accused lived at the
- Example: People v Lopez. The remark attributed to the
expense of his wife. Place taken into
deceased that the daughter of the accused is a flirt does
consideration.
not warrant and justify the act of accused in slaying the
c. People v Luna. Taking into account that
victim.
American forces had just occupied
Manila, accused considered the remark of
►Vindication must be directed to the accused.
offended party “You are a Japanese spy”
- People v Benito. Remark of the victim made in the
as a grave offense. Time was considered.
presence of the accused and his workmates that the
d. US v Alcasid. Having found the victim in the
Civil Service is a hangout for thieves was general in
act of committing an attempt against his
nature and not specifically directed to the accused. This
wife
cannot be considered a grave offense against the
e. People v David. When injured party insulted the
accused.
father of the accused contemptuously
►Vindication of a grave offense is incompatible with passion or

2. That the felony is committed in vindication of such grave
obfuscation.
offense. A lapse of time is allowed between the
- They may be deemed to have attended the commission
vindication and the doing of the grave offense.
of the crime alternatively
- The word immediate used in the English text is not
- Both mitigating circumstances cannot co-exist
the correct translation of the Spanish word
“proxima.”
- People v Parana. Vindication was considered
immediate when the influence of a grave offense,
6. PASSION AND OBFUSCATION
by reason of its gravity and the circumstances under
which it was inflicted lasted until the crime was
mitigating circumstances:
committed.
- EXAMPLES, INTERVAL OF TIME NEGATING 6. That of having acted upon an impulse so powerful as naturally
VINDICATION to have produced passion or obfuscation.
a. People v Lumayag. Victim boxed accused
several times in the face, and Victim was
convicted for less serious physical injuries. Victim BASIS. Diminution of intelligence and intent of the accused
appealed. Pending appeal and approximately - When there are causes naturally producing in a person
nine months after the boxing, Accused killed powerful excitement, he loses his reason and self-control,
Victim. thereby diminishing the exercise of his will power.
b. People v Benito. At 11:00 am in the presence of
accused and his officemates, victim uttered REQUISITES, PASSION OR OBFUSCATION
“Hindi ko alam na itong Civil Service pala ay 1. That there be an act, both unlawful and sufficient to
istambayan ng magnanakaw.” At 5:00 pm of produce such a condition of mind;
the same day, accused killed the victim. 2. That said act which produced the obfuscation was not far
c. People v Lopez. Where the accused heard the removed from the commission of the crime by a
deceased say that the accused’s daughter is a considerate length of time, during which the perpetrator
flight, and the accused stabbed the victim two might recover his normal equanimity
months later.
1. That there be an act, both unlawful and sufficient to
PROVOCATION v VINDICATION produce such a condition of mind;
PROVOCATION VINDICATION
Made directly only to the Grave offense may be - The act of the offended party/ victim must be
person committing the felony committed against the unlawful or unjust
offender’s relatives provided a. People v Quijano. Common-law wife who left
by law the common house and refused to go home
with accused was acting within her rights, and
The cause need not be a Offended party/ victim must
the accused common-law husband had no
grave offense have done a grave offense to
the offender or his relatives legitimate right to compel her to go with him.
The act of the wife was insufficient to produce
passion and obfuscation.
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b. US v Ortenio. Accused killed his wife when she - Passion and obfuscation need not be felt only in
visited her uncle. Accused was jealous and wife seconds before the commission of the crime. It may
refused to return home until after the arrival of build up and strengthen over time until it can no
her uncle. Mitigating circumstance was longer be repressed and will ultimately motivated
present. the commission of the crime.
c. People v Ancheta. Upon seeing the person who a. People v Oloverio. When the victim not only
stole his carabao, accused shot the thief. threatened to molest the accused’s daughter
Mitigating circumstance was present. but also accused him in public of having
d. People v Samonte Jr. Deceased created incestuous relations with his mother, insulting
trouble during the wake which scandalized the him in full view of his immediate superior,
mourners and offended the sensibilities of the passion may linger and build up over time.
grieving family. Mitigating circumstance was
present. - Passion or obfuscation may constitute a mitigating
e. People v Castro. Deceased boxed the circumstance only when the same arose from lawful
accused’s four year old son. sentiments.
 Even if there is passion or obfuscation on the
- Exercise of a right or fulfillment of duty by the part of the offender, there is no mitigating
offended party/ victim is not a proper source of circumstance when the act committed is:
passion or obfuscation. 1) in a spirit of lawlessness; or
a. People v Noynay. Accused’s carabao 2) in a spirit of revenge.
destroyed the sugarcane of the victim. Victim
demanded payment. Accused refused to pay. a. US v Hicks. Deceased separated from accused
When victim was about to take the carabao to after five years of illicitly living together, and
the barrio lieutenant, accused killed him. Victim lived with another man. Accused killed
was clearly within his rights in what he did. deceased. Did not arise from legitimate
Mitigating circumstances not present. feelings.
b. People v Caliso. The mother had the perfect b. US v De la Cruz. Accused killed his common-
right to reprimand the accused, her child, for law-wife after discovering in flagrante in carnal
indecently converting the family’s bedroom communication with a common
into a rendezvous of herself and her lover. acquaintance. Impulse was caused by the
Mitigating circumstance not present. sudden revelation that she was untrue to him.
c. US v Taylor. Accused was making a disturbance Mitigating circumstance is present.
on a public street and a policeman came to c. People v Engay. Accused common law wife
arrest him. Anger and indignation resulting from lived with deceased for 15 years as a real wife
the arrest cannot be considered passion or who house she helped support. Deceased
obfuscation. married another woman. Accused killed him.
Mitigating circumstance present.
- The act must be sufficient to produce such a d. People v Yuman. Common-law spouses for
condition of mind. three or four years, until husband left their
a. US v Diaz. If the cause of the loss of self-control common dwelling. Deceased gave her a harsh
was trivial and slight, the obfuscation is not treatment. Thinking that after the husband took
mitigating. Examples: advantage of her, he abandoned her, the wife
1) Victim failed to work on the hacienda stabbed husband. Mitigating circumstance is
of which the accused was the present.
overseer e. People v Bello. Accused learned that his
2) When the accused saw the injured (former) partner was being used for purposes of
party picking fruits from the tree prostitution, which wounded his feelings. He
claimed by the former consumed a large amount of wine before
visiting his partner to plead that she leave her
2. That said act which produced the obfuscation was not far work. She insultingly refused the proposal and
removed from the commission of the crime by a showed her determination to pursue a lucrative
considerate length of time, during which the perpetrator profession. Mitigating circumstance was
might recover his normal equanimity present.
f. People v Gravino. Girl’s sweetheart killed the
- The act producing obfuscation must not be far girl’s father and brother because the girl’s
removed from the commission of the crime by a parents objected their getting married and the
considerable length of time, during which the girl consequently broke-off their relationship.
accused might have recovered his normal Act was actuated by lawlessness and revenge.
equanimity. To be proven by defense. No mitigating circumstance.
- The crime committed must be the result of a sudden In spirit of lawlessness

impulse of natural and uncontrollable fury. g. People v Caliso. Mother of the child has the
a. People v Daos. Obfuscation cannot be right to reprimand accused for indecently
mitigating in a crime which was planned and converting the family’s bedroom into a
calmly meditated, or the impulse upon which rendezvous of herself and her lover. Nanny
the accused acted was deliberately fomented poisoned the nine-month-old child. Nanny was
by him for a considerable period of time. actuated by lawlessness and revenge.
h. People v Cabarrubias. Screams of an eight year
old child are not provocative enough to
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by Luis B. Reyes
generate a sudden impulse of natural and b. US v Maalintal. The defendants believed in

uncontrolled fury. good faith that the deceased casted upon
i. People v Sanico. Accused raped a woman their mother a spell of witchcraft which was the
because he found himself in a secluded place cause of her illness
with a young ravishing woman who is almost c. Bongalon v People. Accused believed that
naked. No mitigating circumstance. victims had thrown stones at his two minor
daughters and burned the hair of one of the
In spirit of Revenge daughters
j. People v Caliso. Woman poisoned the nine-
month-old child she is taking care of with acid. - Provocation and obfuscation arising from one and
Before the killing, the mother of the child the same cause should be treated as only one
surprised her with a man on the bed of the mitigating circumstance.
master and scolded her. No mitigating
circumstance, she actuated with lawlessness - Vindication of grave offense cannot co-exist with
and revenge. passion and obfuscation.
k. People v Bates. Marcelo was infuriated upon  EXCEPTION: Where there are other facts
seeing his brother shot by Jose. Marcelo although closely connected with the fact upon
hacked Jose right after seeing him shoot his which one circumstance is premised, the other
brother. Upon seeing his brother dead, Marcelo circumstance may be appreciated as based
went back to Jose who was already prostate on the other fact. (People v Diokno)
and hardly moving. The second hacking was a
clear case of acting out of revenge. - Passion or obfuscation is compatible with lack of
intention to commit so grave a wrong.
- The offender must act under the impulse of special
motives. - Passion or obfuscation incompatible with treachery,
a. People v De Guia. Impulse in the state of and evident premeditation.
excitement is not considered powerful as to
produce obfuscation.
 People v Flores. Each used a very insulting PASSION OR OBFUSCATION V IRRESISTABLE FORCE
language concerning the other, and that PASSION/ OBFUSCATION IRRESISTABLE FORCE
they must have been very greatly excited Mitigating Circumstance Exempting Circumstance
as a result of the quarrel. Mitigating Cannot give rise to an Requires physical force
circumstance of obfuscation was present. irresistible force
b. People v Mil. Accused killed deceased Is in the offender himself Comes from a third person
because he did not deliver the letter of F to A. Must arise from lawful Irresistible force is unlawful
sentiments
On the letter, the accused had pinned his
hopes of settling the case against him
PASSION V PROVOCATION
amicably. Failure of deceased to deliver the
PASSION/ OBFUSCATION PROVOCATION
letter is a prior unjust and improper act sufficient
Produced by an impulse Comes from the injured party
to produce great excitement and passion.
which may be caused by
provocation
- Where the crime arose out of rivalry, passion or
Offense need not be Must immediately precede
obfuscation is mitigating. Resentment resulting from immediate the commission of the crime
rivalry is a powerful instigator of jealousy and prone
to produce anger and obfuscation. The influence of the impulse
 Obfuscation arising from jealousy cannot be must last until the moment
invoked if the relationship is illegitimate. the crime is committed
(People v Salazar; People v Olgado) Effect is loss of reason and Effect is loss of reason and
 US v De la Peña. Loss of reason and self-control self-control of offender self-control of offender
due to jealousy between rival lovers was not
mitigating. (in an early case)
- The cause producing passion or obfuscation must

come from the offended party.
a. People v Esmedia. Two sons in the defense of
their wounded father killed S. Under great
excitement, they also killed C who was near the
scene at the time. C had not taken part of the
quarrel and had not provoked the sons. Passion
and obfuscation cannot mitigate their liability
with respect to C.
- Passion or obfuscation may lawfully arise from the

causes existing only in the honest belief of the
offender.
a. US v Ferrer. The defendant believed that the
deceased caused his dismissal from his
employment
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7. VOLUNTARY SURRENDER AND CONFESSION OF GUILT local officials which did not materialize for some reasons.
Article 13. Mitigating circumstances. - The following are It was already a week before after when they were finally
mitigating circumstances: able to surrender.
e. People v Radomes. Accused did not offer any resistance
7. That the offender had voluntarily surrendered himself to a nor try to hide when a policeman ordered him to come
person in authority or his agents, or that he had voluntarily down his house. He even surrendered the bolo he used
confessed his guilt before the court prior to the presentation of in the crime.
the evidence for the prosecution;
f. People v Jereza. Accused wen to the police
headquarters to surrender the firearm used in the crime.
His arrival at the police station is considered an act of
BASIS. Lesser perversity of the offender.
surrender.
g. People v Braña. The warrant of arrest had not been
TWO MITIGATING CIRCUMSTANCES IN ART 13 PAR 7
served or not returned unserved because the accused
1. Voluntary surrender to a person in authority or his agents
cannot be located. There is direct evidence that the
2. Voluntary confession of guilt before the court prior to the
accused voluntarily presented himself to the police when
presentation of evidence for the prosecution
he was taken into custody. Voluntary surrender was
appreciated.
- When both of them are present, they should have
the effect of two independent circumstances
VOLUNTARY SURRENDER TO A PERSON IN AUTHORITY OR HIS AGENTS

EXAMPLES, NOT CONSTITUTING VOLUNTARY SURRENDER
a. The warrant of arrest showed that the accused was in
REQUISITES
fact arrested.
1. That the offender had not been actually arrested
b. People v Roldan. Accused surrendered only after the
2. That the offender surrendered himself to a person in
warrant of arrest was served upon him.
authority or to the latter’s agent
c. People v Velez. Police blotter used the word
3. That the surrender was voluntary
“surrendered” but the accused was admitted that he
a. Voluntary surrender must be spontaneous in such a
was actually yielded because of the warrant of arrest.
manner that is shows the interest of the accused to
d. People v Mationg. Accused went into hiding and
surrender unconditionally to the authorities
surrendered only when he realized that the police were
- Spontaneous. Emphasized the idea of an inner
closing in on them.
impulse acting without external stimulus. The
e. People v Salvilla. Accused were asked to surrender by
conduct of accused and not his intention alone
polic and military but they refused until they realized that
after the offense determines spontaneity of
were completely surrounded and there was no chance
surrender.
of escape. The surrender was not spontaneous.
- When the offender imposed a condition or
f. People v De la Cruz. Search for accused lasted for four
acted with external stimulus, his surrender is not
years. This belies the spontaneity of the surrender.
voluntary
g. People v Garcia. Accused went to a police in Dapupan
- There is spontaneity even if the surrender was
City and asked that he be accompanied to Olongapo
induced by fear.
City after he learned that his picture was seen posted in
the municipal building. No other evidence that he
b. Either because he acknowledged his guilt or he
deliberately surrendered to police.
wishes to save them the trouble and expenses
h. People v Trigo. Accused inly went to the police station to
necessarily incurred in his search and capture
report that his wife was stabbed by another persona and
to seek protection for himself.
c. Mitigating Circumstance cannot be appreciated
i. People v Rogales. Accused went to the PC headquarters
when the offender did not intend to assume
not to surrender but merely to report the incident. This did
responsibility for crime even if he went with the
not show accused’s desire to own the responsibility for
barangay officials to the police station(People v
the crime.
Nimuan)
j. People v Canoy. The Chief of Police placed the accused
under arrest in his employer’s home. It does not appear
EXAMPLES, VOLUNTARY SURRENDER
that it was the idea of the accused to send for the police
a. People v Tenorio. After he commit the crime, accused
for the purpose of giving himself up.
when to the municipal hall, and in the presence of a
k. People v Ribinal. Accused was arrested in his boarding
patrolman, threw away his weapon, raised his hands and
house and upon being caught, pretended to say that he
admitted his crime.
was on his way to the municipal building to surrender to
b. People v Dayrit. After commission of the crime, accused
authorities.
ran into his hotel room to hide from the companions of
the deceased. He threw his weapon at the door. When
►There is no mitigating circumstance of voluntary surrender when
the police arrived, he admitted ownership of the
the defendant was in fact arrested. (People v Conwi)
weapon and voluntarily wen with them.
 People v Parana. Having the opportunity to escape,
c. People v Benito. After shooting, the accused called the
accused voluntarily waited for the agents of the
police. When police arrived, he voluntarily approached
authorities and gave himself up, he is entitled to voluntary
them and without revealing his identity, told that he knew
surrender, even if he was placed under arrest then and
the suspect and his motive. In the police station, he
there.
confided to the investigators that he was voluntarily
 People v Babiera. Accused helped in carrying his victim
surrendering and surrendered the gun he use.
to the hospital where he was disarmed and arrested, it is
d. People v Magpantay. Two accused left the scene of the
tantamount to voluntary surrender.
crime but made several attempts to surrender to various
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►The law does not require that the surrender be prior to the order VOLUNTARY CONFESSION OF GUILT BEFORE THE COURT PRIOR TO
of arrest. The RPC does not make any distinction among the THE PRESENTATION OF EVIDENCE FOR THE PROSECUTION
various moments when the surrender may occur.
 Rivers v Court of Appeals. Accused presented himself in REQUISITES, PLEAS OF GUILTY
the municipal building to post bond for his temporary 1. That the offender spontaneously confessed his guilt
release. The fact that the order of arrest had already 2. That the confession of guilt was made in open court, that
been issued is not bar to the application of mitigating is, before the competent court that is to try the case
circumstance of voluntary surrender. 3. That the confession of guilt was made prior to the
 De Vera v De Vera. Immediately upon learning that a presentation of evidence for the prosecution
warrant for his arrest was issued, and without the same
having been served on him, the accused surrendered to 1. That the offender spontaneously confessed his guilt
the police. Accused may still be entitled to voluntary 2. That the confession of guilt was made in open court, that
surrender. is, before the competent court that is to try the case
►Surrender of weapons cannot be equated with voluntary - Extrajudicial confession made by the accused is not
surrender. Voluntary surrender does not simply mean non-flight. voluntary confession since confession was made
a. People v Jose de Ramos. After the incident, accused outside the court.
reported it to the councilor. Then, he went to the Chief of
Police to whom he relayed what happened and 3. That the confession of guilt was made prior to the
surrendered the bolo used in the crime. No mitigating presentation of evidence for the prosecution
circumstance.
b. People v Palo. Accused merely surrendered the gun used - Plea of guilty must be made prior to the presentation
in the killing. No voluntary surrender. of the evidence for the prosecution. Plea of guilty
c. People v Canoy. Accused did not escape or hide. In fact, made during or after presentation of evidence by
he accompanied the Chief of Police to the scene of the prosecution is not mitigating.
crime without surrendering to him and admitting - The plea of guilty must be made before the trial
complicity in the killing. It does not matter if accused begins. A plea of guilty made after the arraignment
never avoided arrest and never hid or fled. What the law and after trial had begun does not entitle the
considers is the voluntary surrender before arrest. No accused a mitigating circumstance.
voluntary surrender.
d. People v Rogales. Accused went to the PC headquarters  People v Coronel. Accused pleaded guilty only
to surrender but merely to report the incident. He never during the continuation of the trial. Death
evinced any desire to own the responsibility for the killing. penalty imposed was changed to life
No voluntary surrender. imprisonment because of plea of guilty.
 People v Ortiz. Trial had already began for
►The surrender must be made to a person in authority or his agent original information for murder and frustrated
murder. Due to willingness of accused to
PERSON IN AUTHORITY. One directly vested with jurisdiction, cooperate, the information was amended by
that is, a public officer who has the power to govern and the prosecution to homicide and frustrated
execute the laws whether as an individual or as a member of homicide. No evidence was presented in
some court or governmental corporation, board or connection with the new information. Accused
commission. pleaded guilty. Mitigating.
- Barrio captian and barangay chairman are also
persons in authority. - Plea of guilty must be made at the first opportunity;
please of guilty on appeal is not mitigating (e.g. in
AGENT OF A PERSON IN AUTHORITY. A person who, by direct an offense cognizable by the MTC, plea of guilty
provision of the law, or by election or by appointment by must be made at MTC and not upon appeal to RTC)
competent authority, is charged with the maintenance of
public order and the protection and security of life and  Plea in the preliminary investigation is no plea at
property and any person who comes to the aid of persons in all.
authority. a. People v Oandasan. Offense is cognizable
by CFI. Accused pleaded not guilty before
►The surrender must be by reason of the commission of the crime the MTC upon arraignment at its
for which defendant is prosecuted. preliminary investigation. When the case
a. Accused surrendered as a Huk to take advantage of the was elevated to CFI, accused pleaded
amnesty, but the crime he was prosecuted for was guilty. Plea of not guilty during the
different and separate from rebellion. His surrender is not arraignment at the preliminary
mitigating. investigation is not a plea at all. Plea of
guilty at the CFI (the competent court for
►Surrender through an intermediary (through the mediation of the offense) was mitigating
parent) was mitigating. (People v Dela Cruz) b. During arraignment, accused pleaded not
guilty. Prior to presentation of evidence of
►Intention to surrender, without actually surrendering, is not the prosecution, he withdrew his original
mitigating. pleading and pleaded guilty. Mitigating
circumstance is present.
- A conditional plea of guilty is not mitigating.

a. People v Moro Sabilul. An accused may
not enter a conditional plea of guilty in the
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by Luis B. Reyes
sense that he admits his guilt provided that 9. ILLNESS OF THE OFFENDER
a certain penalty be imposed upon him. Article 13. Mitigating circumstances. - The following are
- Plea of guilty to a lesser offense is not mitigating. To
be voluntary, the plea of guilty must be to the 9. Such illness of the offender as would diminish the exercise of
offense charged. the will-power of the offender without however depriving him of
 People v Ong. Accused pleaded guilty but the consciousness of his acts.
denied that there evident premeditation
attended the crime. Prosecution failed to prove
BASIS. Diminution of intelligence and intent
evident premeditation. Mitigating.
 Plea of guilty to the offense charged in the
REQUISITES
amended information lesser than that charged
1. That the illness of the offender must diminish the exercise
in the original information is mitigating.
of his willpower
a. People v Intal. Originally charged with
2. That such illness should not deprive the offender of
double murder accused moved to
consciousness of his acts
withdraw his plea of not guilty to be
- ►because, when the offender completely lost the
substituted with a guilty plea to the lesser
exercise of will-power, I may be an exempting
crime of double homicide. Prosecution
circumstance.
moved to amend information. Mitigating.
- A deceased mind not amounting to insanity may
give place to mitigation.
►When the accused is charged with a grave offense, the court
should take his testimony in spite of his plea of guilty. Where the
EXAMPLES
accused pleads guilty to a capital offense, the court shall conduct
a. People b Balneg. The mistaken belief that the killing of a
a searching inquiry into the voluntariness and full comprehension
witch was for the public good
of the consequences of his plea and shall require the prosecution
b. People v Amit. Mild behavior disorder. Illness of the nerves
to prove his guild and the precise degree of culpability.
or moral faculty.
c. People v Formigones. Feeble-mindedness
►Plea of guilty is NOT mitigating in culpable felonies and in crimes
d. People v Antonio. Schizzo-affective disorder or psychosis
punished by special laws.
10. SIMILAR OR ANALOGOUS CIRCUMSTANCES

8. PHYSICAL DEFECT OF OFFENDER
10. And, finally, any other circumstances of a similar nature and
8. That the offender is deaf and dumb, blind or otherwise
analogous to those above mentioned.
suffering some physical defect which thus restricts his means of
action, defense, or communications with his fellow beings.
►The court is authorized to consider in favor of the accused any

BASIS. The offender is suffering from physical defect, which restricts other circumstance of a similar nature and analogous to those
one’s means of action, defense, or communication with one’s mention is paragraphs 1 to 9
fellow being, does not have complete freedom of action and,
therefore, there is a diminution of the element of voluntariness EXAMPLES
MITIGATING ANALOUGOUS CASE
►There is a mitigating circumstance where accused suffers a CIRCUMSTANCE CIRCUMSTANCES
Over 70 years Over 60 years People v Reantillo and
physical defect that limits his means to act, defend himself, or
of age old with failing Ruiz
communicate with his fellow beings.
sight
a. Deaf
Vindication of a Outraged People v Monaga
b. Dumb Grave Offense feeling of owner
c. Blind of animal taken
d. Armless for ransom
e. Cripple Passion and Outraged Creditor killed his debtor
f. Stutter obfuscation feeling of a who tried to escape
creditor and refused to pay his
- Being educated or uneducated does not matter, the debt;
paragraph does not distinguish People v Merenillo
Impulse of Wife committed slander
jealous feeling when she charged
complainant with being
the her husband’s
concubine and it was
later found out that
complainant was a
virgin;
People v Ubengen, CA
Espirit de Corps Many soldiers took part
(common in the killing as they
loyalty shared were responding to the
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by Luis B. Reyes
by members of call and appeal of their ARTICLE 62. Effect of the attendance of mitigating or
a particular lieutenant. Deceased aggravating circumstances and of habitual delinquency. -
group) summarily ejected Mitigating or aggravating circumstances and habitual
certain soldiers from the delinquency shall be taken into account for the purpose of
Mass dance hall; soldier diminishing or increasing the penalty in conformity with the
Psychology considerd this a grave following rules:
insult gainst their
organizatio; 3. Aggravating or mitigating circumstances which arise
People v Villamora from the moral attributes of the offender, or from his
Illness that Manifestations of People v Genosa private relations with the offended party, or from any
diminishes the Battered Wife other personal cause, shall only serve to aggravate or
exercised of Syndrome mitigate the liability of the principals, accomplices
will power and accessories as to whom such circumstances are
Voluntary Voluntary People v Luntao attendant.
Surrender restitution of
stolen property ►All mitigating circumstances are personal to the offenders.
MITIGATING CIRCUMSTANCES PERSONAL TO THE OFFENDERS serves

Immediately Restitution even before to mitigate the liability of principals, accomplice and accessories
reimbursing the prosecution does not as to whom they are attendant
amount extinguish liability; a. From the moral attributes of the offender
malversed damage is not an
- A and B killed C. A acted under an impulse which
element of
produced obfuscation. The circumstance arose
malversation;
Perez v People from the moral attribute of A and shall mitigate the
Plea of Guilty Act of testifying People v Navasca liability of A only. It shall not mitigate the liability of B.
for the b. From his private relations with the offended party
prosecution - Father committed robbery against Son, while
without previous Stranger bought the property despite knowledge of
discharge the crime. The circumstance arose from the private
Incomplete Extreme Poverty Due to poverty, relation of Father and Son and shall mitigate liability
justifying and of accused was forced to of Father only, not that of Stranger.
circumstance economic steal two sacks of paper c. From any other personal cause
of State of difficulties and sell it in a cheaper - Minor acting with discernment inflicted serious
Necessity price; People v Macbul physical injuries on Victim. Adult, seeing what Minor
did, kicked Victim. Minority will mitigate liability of
 Applies only to
Minor but not of Adult.
crimes against
property but not a
crime of violence,
e.g. murder CIRCUMSTANCES WHICH ARE NEITHER EXEMPTING NOR MITIGATING
a. Mistake in the blow or aberatio ictus
 Not mitigating when b. Mistake in identity
accused c. Entrapment of the accused
impoverished d. The accused is over 18; age is neither exempting nor
himself and lost mitigating
occupation by e. Performance of righteous action no matter how
committing crimes meritorious it may be
and not driven to
crime due to
poverty
NON-EXAMPLES, NOT MITIGATING

a. People v Gona. Killing the wrong man
b. People v Canja. In parricide, that the husband was
unworthy or was a rascal, bully and bad
c. Peole v Fajardo. That the victim was a bad or
quarrelsome person
d. People v Dy Pol. In falsification, accused invoked the lack
of irreparable damage
e. People v Rabuya. Not resisting arrest without the slightest
attempt to resist is not analogous to voluntary surrender
f. People v Salazar. Condition of running amuck even if it is
an age-old and deeply-rooted cult among the Moros
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CHAPTER FOUR
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY 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
ARTICLE 14. Aggravating circumstances. - The following are directly and specially to insure its execution, without
aggravating circumstances: risk to himself arising from the defense which the
offended party might make.
a. That advantage be taken by the offender of his public
position. q. That means be employed or circumstances brought
about which add ignominy to the natural effects of
b. That the crime be committed in contempt or with insult the act.
to the public authorities.
r. That the crime be committed after an unlawful entry.
c. That the act be committed with insult or in disregard of
the respect due the offended party on account of his There is an unlawful entry when an entrance of a crime
rank, age, or sex, or that is be committed in the a wall, roof, floor, door, or window be broken.
dwelling of the offended party, if the latter has not
given provocation. s. That as a means to the commission of a crime a wall,
roof, floor, door, or window be broken.
d. That the act be committed with abuse of confidence
or obvious ungratefulness. t. That the crime be committed with the aid of persons
under fifteen years of age or by means of motor
e. That the crime be committed in the palace of the vehicles, motorized watercraft, airships, or other similar
Chief Executive or in his presence, or where public means. (As amended by RA 5438).
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship. u. That the wrong done in the commission of the crime
be deliberately augmented by causing other wrong
f. That the crime be committed in the night time, or in an not necessary for its commissions.
uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the
offense.
AGGRAVATING CIRCUMSTANCE. Those which if attendant in the
Whenever more than three armed malefactors shall commission of the crime, serve to increase the penalty without
have acted together in the commission of an offense, exceeding the maximum of the penalty provided by law for the
it shall be deemed to have been committed by a offense
band.
BASIS. Based on the greater perversity of the offender manifested
g. That the crime be committed on the occasion of a
in the commission of the felony, as shown by:
conflagration, shipwreck, earthquake, epidemic or
a. The motivating power itself
other calamity or misfortune.
b. The place of commission
h. That the crime be committed with the aid of armed c. The means and ways employed
men or persons who insure or afford impunity. d. The time; or
e. The personal circumstances of the offender or of the
i. That the accused is a recidivist. offended party
A recidivist is one who, at the time of his trial for one FOUR KINDS OF AGGRAVATING CIRCUMSTANCES
crime, shall have been previously convicted by final 1. Generic. Those that can generally apply to all crimes
judgment of another crime embraced in the same title - Can be offset by mitigating circumstances,
of this Code.  but if not offset, would affect only the maximum
of the penalty prescribed
j. That the offender has been previously punished by an
Paragraph GENERIC Aggravating Circumstances
offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches 1 Taking advantage of public position
a lighter penalty. 2 Committed in contempt of or with insult
to the public authorities
k. That the crime be committed in consideration of a 3* Committed in the dwelling of the
price, reward, or promise. offended party
4 Abuse of confidence or obvious
l. That the crime be committed by means of inundation, ungratefulness
fire, poison, explosion, stranding of a vessel or 5 Committed in the palace of the Chief
international damage thereto, derailment of a Executive, or in his presence, or where
locomotive, or by the use of any other artifice involving public authorities are engaged with
great waste and ruin. their duties or place of worship
6 Nighttime, uninhabited place, or band
m. That the act be committed with evidence 9 Recidivism
premeditation. 10 Habituality
14 Craft, fraud or disguise
n. That the craft, fraud or disguise be employed. 18 Committed after an unlawful entry
19 Means of commission of the crime, a
o. That advantage be taken of superior strength, or wall, roof, floor, door or window be
means be employed to weaken the defense. broken
20 Committed with the aid of persons
p. That the act be committed with treachery (alevosia). under 15 years of age
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by Luis B. Reyes
c) Taking advantage of public position and

2. Specific. Those that apply only to particular crimes membership in an organized/syndicated crime
- cannot be offset by mitigating circumstances group
d) Error in personae
Paragraph GENERIC Aggravating Circumstances e) Quasi-recidivism
3* With insult or in disregard of the respect
due to the offended party on the
account of his rank, age, or sex AGGRAVA
15 Abuse of superior strength or means be TING Definition Mitigation Effect
employed to weaken the defense Generic Applies to all Can be Affects
16 Treachery in crimes against persons crimes offset maximum
17 Ignominy in crimes against chastity period only
21 Cruelty in crimes against persons Specific Applies only to Cannot
particular crimes be offset
Qualifying Changes the Cannot Gives the crime
3. Qualifying. Those that change the nature of the crime to nature of the be offset its proper and
a graver one crime exclusive name
- Brings about penalty next higher in degree and Inherent Must Not considered,
cannot be offset by mitigating circumstances accompany the no effect
commission of
the crime
a) Treachery
Special Arise under Cannot
b) Evident premeditation
special be offset
c) Article 248. Qualifying aggravating circumstances
circumstances
for murder
1) With treachery, taking advantage of superior
strength, with the aid of armed men, or
QUALIFYING AGGRAVATING CIRCUMSTANCE v
employing means to weaken the defense or of
GENERIC AGGRAVATING CIRCUMSTANCE
means or persons to insure or afford impunity.
GENERIC CIRCUMSTANCE QUALIFYING CIRCUMSTANCE
2) In consideration of a price, reward, or promise.
Increases the penalty which Gives the crime its proper its
3) By means of inundation, fire, poison, explosion, should be imposed upon the proper and exclusive name
shipwreck, stranding of a vessel, derailment or accused to the maximum and places the author thereof
assault upon a street car or locomotive, fall of period without exceeding the in such a situation as to
an airship, by means of motor vehicles, or with limit prescribed by law deserve no other penalty than
the use of any other means involving great that specially described by
waste and ruin. law for said crime
4) On occasion of any of the calamities May be set off by an ordinary Cannot be offset by a
enumerated in the preceding paragraph, or of mitigating circumstance since mitigating circumstance since
an earthquake, eruption of a volcano, it is not an ingredient of the it is considered an ingredient
destructive cyclone, epidemic or other public crime of the crime
calamity. Must be alleged in the
5) With evident premeditation. Information as a qualifying
aggravating circumstance;
6) With cruelty, by deliberately and inhumanly
otherwise, it is a generic
augmenting the suffering of the victim, or
aggravating circumstance
outraging or scoffing at his person or corpse. only
4. Inherent. Those that must of necessity accompany the RULES IN AGGRAVATING CIRCUMSTANCES
commission of the crime 1. Aggravating circumstances shall not be appreciated if:
- Not considered in increasing the penalty to be a. The constitute a crime specially punishable by law
imposed b. They are included by law in defining a crime and
prescribing a penalty therefor
a) Evident premeditation is inherent in robbery, theft,
estafa, adultery and concubinage 2. Aggravating circumstance shall not be appreciated if it is
b) Abuse of public office in bribery inherent in the crime to such a degree that it must of necessity
c) Breaking of a wall or unlawful entry into a house in accompany the commission thereof
robbery with the use of force upon things
d) Fraud in estafa 3. Aggravating circumstances which arise a) from the moral
e) Deceit in simple seduction attributes of the offender, b) from his private relations to the
f) Ignominy in rape offended party, or c) from any personal cause, shall serve only
to aggravate the liability of the principals, accomplices and
accessories as to whom such circumstances are attendant.
5. Special. Those which arise under special conditions to
increase the penalty of the offense and cannot be offset 4. Aggravating circumstances which consist a) in the material
by mitigating circumstances execution of the act; or b) in the means employed to
accomplish it, shall serve to aggravate the liability of those
a) Complex crimes persons who had knowledge of them at the time of the
b) Use of unlicensed firearms in homicide or murder execution of the act or their cooperation therein
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 Exception. When there is proof of conspiracy in which 1. ABUSE OF OFFICIAL POSITION

case the act of one is deemed to be the act of all, ARTICLE 14. Aggravating circumstances. - The following are
regardless of lack of knowledge of the facts constituting aggravating circumstances:
the circumstance
1. That advantage be taken by the offender of his public
5. Aggravating circumstance is not presumed. Aggravating position.
circumstance, regardless of its kind should be specifically
alleged in the information and proved as fully as the crime
itself in order to increase the penalty. BASIS. Greater perversity of the offender as shown by the personal
circumstance of the offender and also by the means used
6. When there is more than one aggravating circumstance
present, one of them will be appreciated as qualifying a. Applicable only when the offender is a public officer who
aggravating circumstance while the others will be considered takes advantage of his public position.
as generic aggravating.
b. The public officer must use the influence, prestige or
ascendancy which his office gives him as the means by
JUSTIFYING CIRCUMSTANCES which he realized his purpose.
a. ABUSE OF OFFICIAL POSITION  When the public officer did not take advantage of
b. CRIME COMMITTED IN CONTEMPT OF OR WITH INSULT TO the influence of his position, Art 14 par 1 does not
PUBLIC AUTHORITIES apply. When a public officer commits a common
c. CRIME COMMITTED WITH INSULT OR LACK OF REGARD DUE crime independent of his official functions and does
TO THE OFFENDED PARTY BY REASON OF AGE, SEX, OR acts that are not connected with the duties of his
RANK OR THE CRIME IS COMMITTED IN THE DWELLING OF office, he should be punished as a private individual
THE OFFENDED PARTY without this aggravating circumstance.
d. ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS
e. CRIME IS COMMITTED IN THE PALACE OF THE CHIEF c. There must be proof that the accused took advantage
EXECUTIVE, OR IN HIS PRESENCE, OR WHERE PUBLIC of his public position.
AUTHORITIES ARE ENGAGED IN THE DISCHARGE OF THEIR  If the accused could have perpetrated the crime
DUTIES, OR IN A PLACE DEDICATED TO RELIGIOUS WORSHIP even without occupying his position, there is no
f. NIGHTTIME, UNINHABITED PLACE AND BAND abuse of public position.
g. ON THE OCCASION OF CALAMITY OR MISFORTUNE
h. AID OF ARMED MEN OR PERSONS WHO INSURE OR AFFORD 1) People v Villamor. It was not shown that
IMPUNITY accused took advantage of his being a
i. RECIDIVISM policeman to shoot victim or that he used his
j. REITERACION OR HABITUALITY influence, prestige or ascendancy in killing him.
k. IN CONSIDERATION OF PRICE, REWARD OR PROMISE No aggravating circumstance.
l. BY MEANS OF INUNDIATION, FIRE, POISON, EXPLOSION, 2) People v Herrera. Use of government-issued
STRANDING OF A VESSEL OR INTENTIONAL DAMAGE gun is not sufficient to establish the misuse of
THERETO, DERAILMENT OF A LOCOMOTIVE, OR BY THE USE public position.
OF ANY OTHER ARTIFICE INVOLVING GREAT WASTE AND
RUIN d. Wearing of uniform is immaterial in certain cases.
m. EVIDENT PREMEDITATION 1) People v Tongco. Even if accused was in civilian
n. CRAFT, FRAUD, OR DISGUISE clothes at the time, when the victim was aware of
o. ABUSE OF SUPERIOR STRENGTH OR MEANS TAKEN TO his being a policeman, and he sought to impose
WEAKEN HE DEFENSE illegally his authority, aggravating circumstance is
p. TREACHERY (ALEVOSIA) attendant.
q. IGNOMINY 2) People v Pantoja. Even if accused was in fatigue
r. UNLAWFUL ENTRY uniform and had army rifle at the time, it is not
s. BREAKING OF WALL, ROOF, FLOOR, DOOR, OR WINDOW sufficient to establish that he misused his public
t. USE OF MOTOR VEHICLES AND OTHER SIMILAR MEANS position.
u. CRUELTY
e. Failure in official duties is tantamount to abusing office.
- US v Cagayan. The vice-president of a town at the
time voluntarily joined a band of brigands made his
liability greater.
f. Not aggravating when it is an integral element of, or

inherent in, the offense
1) Malversation
2) Falsification of document committed by public
officers
3) Accessories under Article 19 par 3
4) Crimes committed by public officers (Arts 204 to 245)
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2. CRIME COMMITTED IN CONTEMPT OF OR WITH INSULT TO PUBLIC 3. CRIME COMMITTED WITH INSULT OR LACK OF REGARD DUE TO THE
AUTHORITIES OFFENDED PARTY BY REASON OF AGE, SEX, OR RANK OR THE CRIME
ARTICLE 14. Aggravating circumstances. - The following are IS COMMITTED IN THE DWELLING OF THE OFFENDED PARTY
aggravating circumstances: ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances:
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
BASIS. Based on greater perversity of the offender, as shown by his his rank, age, or sex, or that is be committed in the
lack of respect to public authorities dwelling of the offended party, if the latter has not
given provocation.
REQUISITES
1. That the public authority is engaged in the exercise of his FOUR AGGRAVATING CIRCUMSTANCES IN PAR 3. Four aggravating
functions circumstances are enumerated which may be considered single
2. That he who is thus engaged in the exercise of said or together. If all four are present, they have the weight of one only.
functions is not the person against whom the crime is
committed 3.1. RANK. Refers to the designation or title of distinction used
3. The offender knows him to be a public authority to fix the relative position of the offended party in
4. His presence has not prevented the offender from reference to the others. There must be a difference in the
committing the criminal act social conditions of the offender and the offended party.
a. PUBLIC AUTHORITY or PERSON IN AUTHORITY is a public 3.2. AGE. Refers to the time the person or a thing has existed
officer who is directly vested with jurisdiction, that is, a since birth or beginning; or that may refer to old age or
public officer who has the power to govern and execute the tender age of the victim.
the laws. e.g. councilor, mayor, governor, barangay
captain/chairman 3.3. SEX. Refers to the female sex, not to the male sex.
b. Aggravating circumstance does not apply when crime is 3.4. DWELLING. Must be a building of structure, exclusively
committed in the presence of an agent only. used for rest and comfort. Includes dependencies,
staircase, and enclosures under the house. It is not
AGENT OF A PERSON IN AUTHORITY is any person who, by necessary that the house is owned by the offended
direct provision of law or by election or by appointment party.
by competent authority, is charged with the
maintenance of public order and the protection and BASIS. Based on the greater perversity of the offender as shown by
security of life and property. e.g. barrio councilman, the personal circumstances of the offended party and the place
barrio policeman, barangay leader, persons who comes of the commission of the crime
to the aid of persons in authority, police
a) Rank, age or sex may be taken into account only in
c. The crime should NOT be committed against the public crimes against persons or honor. Does not apply in crimes
authority. Otherwise, offender will be committing DIRECT against property.
ASSAULT (Art 148) - People v Pagal. Robbery with homicide is primarily a
crime against property, homicide is just an incident
d. Lack of knowledge on the part of the offender that a of the robbery.
public authority is present indicates lack of intention to
insult the public official. b) There must be proof that the offender deliberately
intended to offend or insult the offended party.
e. Aggravating circumstance is present if the offender was
not prevented by the presence of a public officer made 3.1. RANK
known to the offender. c) There must be a difference in the social condition of the
offender and offended party e.g.
1) private person who attacked person in authority
2) pupil who attacked a teacher
3) People v Valeriano. Killing a judge
4) People v Torres. Attempt against the life of a general
d) The fact of disregard and deliberate intent to insult must

be proved. There being no proof of the specific fact or
circumstance that the accused disregarded the respect
due to the offended party and that the accused
deliberately intended to insult the rank of the victim,
disregard of rank cannot be appreciated as aggravating
circumstance.
3.2. AGE
e) The circumstance of lack of respect due to age applied
in cases where the victim is of tender age as well as of
old age.
1) When the offended party, by reason of his age,
could be the father of the offender
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2) People v Orbillo. Where aggressor was 45 yo and the  People v Sespeñe. Deceased was only about to step
victim was an octogenarian on the first rung of the ladder when he was
3) People v Gummuac. Where victim was 80 yo and assaulted, dwelling is not aggravating
very weak
4) People v Zapata. Where victim was 65 while o) When deceased has two houses where he used to live,
offenders were 32 and 27 yo the commission of the crime in any of them is attended
5) People v Curatchia. Accused is the grandson of the by the aggravating circumstance of dwelling
deceased
6) People v Lora. Victim was a 12 yo boy p) The home is a sort of sacred place for its owner. He who
goes to another’s house to slander him, hurt him or do
f) It must be proved that the accused deliberately him wrong, is more guilty than he who offends him
intended to offend or insult the age of the victim. elsewhere.
3.3. SEX q) What aggravates commission of crime in one’s dwelling:

g) This refers to the female sex, not to the male sex 1) The abuse of confidence which the offended party
1) US v Quevengco. Accused compelled a woman to reposed in the offender by opening the door to him
ho to his house against her will 2) The violation of the sanctity of the home by
2) People v Dayug. Accused selected and killed a trespassing therein with violence or against the will
female relative of the killers of his relative in of the owner
retaliation
3) Sarcepuedes v People. Direct assault upon a lady r) It must be proved that the defendant entered the house
teacher of the victim to attack him.
- US v Ramos. Dwelling is not aggravating where the
h) Killing a woman is not attended by this aggravating deceased was called from his house and he was
circumstance if the offender did not manifest any murdered in the vicinity.
specific insult or disrespect towards her sex.  People v Ompaid. Triggerman fire the shot from
outside the house, his victim was inside. It is not
i) Disregard of sex is not aggravating in the absence of necessary that the accused should have actually
evidence that the accused deliberately intended to entered into the dwelling of the victim to commit the
offend or insult the sec of the victim or showed manifest offense; it is enough that the victim was attacked
disrespect to her womanhood inside his own house.
 Even if the killing took place outside the dwelling if
j) Disregard of sex is not appreciated in certain cases the commission of the crime began in the dwelling,
1) When the offender acted with passion and it is aggravating.
obfuscation 1) US v Lastimosa. Accused began the aggression
2) When there exists a relationship between the in victim’s house, dragged him outside the
offended party and the offender house and took him to a place near the house
3) When the condition of being a woman is where he killed him.
indispensable in the commission of the crime 2) Aggravating in abduction or illegal detention
where the victim was taken from her house and
k) Sex is not aggravating in carried away to another place
1) Parricide
2) Rape s) A condition sine qua non of this circumstance is that the
3) Abduction offended party has not given provocation to the
4) Seduction offender. If all the conditions are present, offended party
is deemed to have given provocation, hence, dwelling is
l) Disregard of sex is absorbed in treachery. not aggravating.
e.g. People v Clementer (1974). There was disregard of
sex because the blouse of the victim was needlessly PROVOCATION must be
removed, but the circumstance is absorbed in treachery. 1) Given by the owner of the dwelling
2) Sufficient, and
 People v Lapaz (1989). Held that aggravating 3) Immediate to the commission of the crime.
circumstances of disregard of sex and age are not 4) *There must be a close relation between
absorbed in treachery because treachery refers to provocation and commission of the crime in the
the manner of the commission of the crime, while dwelling
disregard of sex and age pertains to the relationship
of the victim. t) Prosecution must prove that no provocation was given
by offended party so that dwelling may be aggravating.
3.4. DWELLING
m) A dwelling must be a building of structure, exclusively u) Dwelling is NOT aggravating in the following cases
used for rest and comfort. 1) When both offender and offended party are
- A combination of house and store or a marker stall occupants of the same house, even if offender is a
where the victim slept is not a dwelling. servant in the house
- Dwelling is aggravating when the husband
n) Dwelling includes dependences, the foot of the staircase killed his estranged wife in the house solely
and enclosure under the house. occupied by her, other than the conjugal home
 People v Diamonon. Crime committed at the foot of (People v Galapia)
the stairs, not aggravating
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by Luis B. Reyes
- When adultery (by the wife) is committed in the 4. ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS
dwelling of the husband even if it is also the ARTICLE 14. Aggravating circumstances. - The following are
dwelling of the wife aggravating circumstances:
 Not aggravating in adultery when the
paramour also lives in the house (together 4. That the act be committed with abuse of confidence
with offending wife and husband) or obvious ungratefulness.
 But abuse of confidence was applied
when offended husband took the BASIS. Based on the greater perversity of the offender as shown by
paramour into his home, furnished him the means and ways employed
with food and lodging without
charge, and treated him like a son (US TWO AGGRAVATING CIRCUMSTANCES IN PAR 4
v Destrito) 4.1. ABUSE OF CONFIDENCE
4.2. OBVIOUS UNGRATEFULNESS
2) When robbery is committed by use of force upon
things 4.1. ABUSE OF CONFIDENCE
 Dwelling is aggravating in robbery with violence a) REQUISITES
against or intimidation of persons 1) That the offended party had trusted the offender
3) In crime of trespass to dwelling 2) That the offender abused such trust by committing a
4) When owner of dwelling gave sufficient and crime against the offended party
immediate provocation 3) That the abuse of confidence facilitated the
5) When the dwelling does not belong to the offended commission of the crime
party
6) When the floor (part of the building) is not exclusively b) EXAMPLES, When confidence is NOT present
used as a dwelling 1) People v Luchico. When the master raped the
offended party, she had already lost confidence in
v) Dwelling was found aggravating in the following cases him from the moment he made an indecent
although the crimes were committed not in the dwelling proposal and killed her.
of the victims (other places deemed as dwelling) 2) People v Brocal. No abuse of confidence in rape
1) Victim was raped in the boarding house where she where on the day of the crime, the accused was
was a bed spacer with the company of the offended girl because they
2) Victims were raped in their paternal home where were business partners, not because of confidence
they were guests at the time 3) People v Ong. When deceased was invited by
- People v Basa. Victims were killed while accused to nightclubbing bring the money he owed
sleeping as guests in the house of another 4) People v Arthur. Betrayal of confidence is not
person; law spoke of dwelling not domicile aggravating. Parents entrusted victim to the care of
 People v Ramolete. Not aggravating when the the accused. Accused raped the victim and
victim was a mere visitor of the house where he betrayed the confidence of her parents. The girl
was killed could resist (although unsuccessful) against the
3) Victim was killed in the house of her aunt where she crime
was living; may mean temporary dwelling  People v Caliso. When the killer of the child is
the domestic servant of the family and
w) Dwelling is NOT included in treachery sometimes the amah (yaya) of the deceased;
the nine-month0old child cannot resist the
crime and the confidence of the parents
facilitated the commission of the crime
c) The confidence between the offender and the offended

party must be immediate and personal
e.g. US v Torrida. Mere fact that voters had reposed
confidence in the public officer does not mean that he
abused their confidence when he committed estafa
against them
d) Abuse of confidence is inherent in

1) Malversation
2) Qualified theft
3) Estafa by conversion or misappropriation
4) Qualified seduction
4.2. OBVIOUS UNGRATEFULNESS

e) Ungratefulness must be obvious, manifest and clear
f) EXAMPLES, Where ungratefulness was present

1) People v floresca. Accused killed his father-in-law in
whose house he lived and who partially supported
him
2) People v Lupango. Where the accused was living in
the house of the victim who employed him as an
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by Luis B. Reyes
overseer and had free access of the house; victim 5. CRIME IS COMMITTED IN THE PALACE OF THE CHIEF EXECUTIVE, OR
was very kind to him and his family IN HIS PRESENCE, OR WHERE PUBLIC AUTHORITIES ARE ENGAGED IN
3) People v Nismal. Where a security guard killed THE DISCHARGE OF THEIR DUTIES, OR IN A PLACE DEDICATED TO
bank officer and robbed the bank RELIGIOUS WORSHIP
4) People v Baustista. Where the victim was suddenly ARTICLE 14. Aggravating circumstances. - The following are
attacked while giving the assailants their breakfast aggravating circumstances:
5) When visitor commits robbery or theft in the house
of his host 5. That the crime be committed in the palace of the Chief
 Mariano v People. Stealing the property of the Executive or in his presence, or where public
host was considered as committed with abuse authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship.
of confidence
BASIS. Based on the greater perversity of the offender as shown by

the place of the commission of the crime
PLACE WHERE PUBLIC AUTHORITIES ARE

ENGAGED IN THE DISCHARGE OF THEIR DUTIES v
CONTEMPT/ INSULT TO PUBLIC AUTHORITIES
Place where Public Contempt or Insult to Public
Authorities Engage in the Authorities
Discharge of their Duties
Public authorities are in the Public authorities are in the
performance of their duties performance of their duties
Public authority must be in The authority must be outside

their office the office
Public authority may be the Public authority must not be

offended party the offended party
a) ►That the crime is committed at Malacañang palace or

a church is aggravating, regardless of whether State of
official or religious functions are being held.
 Cemetery not considered a place dedicated to
religious worship.
b) ►It is enough that the crime be committed in the

presence of the Chief Executive so that it will be
aggravating; he need not be in Malacañang palace or
not engaged in the discharge of his duties.
c) ►That the crime was committed where public authorities

are engaged in the discharge of their duties, there must
be some performance of public functions so that it will be
aggravating.
1) US v Punsalan. Not aggravating when accused
killed victim in the adjoining room of the courtroom
and that the court has already adjourned
2) People v Canoy. Crime committed in an electoral
precinct during election day is aggravating
d) Offender must have intention to commit a crime when

he entered the place
e.g. People v Jaringue. Deceased placed his hand on
the thigh of the accused girl who killed him using a fan
knife. No aggravating circumstance of committing in a
place dedicated to religious worship; there is no
evidence to show that the defendant had murder in her
heart when she entered the chapel
*Jaringue ruling may be also applicable in crime

committed at Malacañang palace or where public
authorities are engaged in the discharge of their duties
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6. NIGHTTIME, UNINHABITED PLACE AND BAND 3. WHEN THE OFFENDER TOOK ADVANTAGE THEREOF FOR THE
ARTICLE 14. Aggravating circumstances. - The following are PURPOSE OF IMPUNITY
aggravating circumstances: - “For the purpose of impunity” means to prevent from
being recognized, or to secure himself against
6. That the crime be committed in the night time, or in an detection and punishment
uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the 6.1. NIGHTTIME/ NOCTURNITY (OBSCURIDAD)
offense.
a) NIGHTTIME. That period of darkness beginning at the end
of dusk and ending at dawn. Nights are from sunset to
Whenever more than three armed malefactors shall
sunrise.
have acted together in the commission of an offense,
it shall be deemed to have been committed by a
band. b) Nighttime by and of itself is not aggravating. It must be
especially sought for or taken advantage to facilitate the
BASIS. Based on the time and place of the commission of the crime commission of the crime.
and the means and ways employed
c) The information must allege that nighttime was sought for
THREE AGGRAVATING CIRCUMSTANCES IN PAR 6. or taken advantage of by the accused or that it
6.1. NIGHTTIME/ NOCTURNITY facilitated the commission of the crime.
6.2. UNINHABITTED PLACE
6.3. BAND d) The crime must begin and end during the nighttime.
 Crime began at day and ended at night, as well as
►They constitute only one aggravating circumstance if they crime began at night and ended at day is not
concur in the commission of a felony. aggravated by nighttime.
 They may be construed separately when their elements
are distinctly perceived and can subsist independently, e) The offense must be actually committed in the darkness
revealing greater degree of perversity. of the night.
1) US v Paraiso. Not aggravating when accused
REQUISITES carried a light of sufficient brilliance which made it
a. When it facilitated the commission of the crime easy for the people nearby to recognize them
b. When especially sought for by the offender to insure the 2) US v Tampapcan. Not aggravating when crime was
commission of the crime or for the purpose of impunity committed at daybreak when the accused could
c. When the offender took advantage thereof for the be recognized
purpose of impunity 3) People v Bato. Not aggravating when the place
was sufficiently well lighted for him to be clearly
visible and be recognized by those nearby
1. WHEN IT FACILITATED THE COMMISSION OF THE CRIME  The lighting of a matchstick or use of flashlights
- The offender took advantage if any of the does not negate the aggravating
circumstances when he availed himself thereof at circumstance of nighttime
the time of the omission of the crime for the purpose e.g. crime committed at night when members
of impunity or for the more successful consummation of the household were asleep; nighttime is
of his plans aggravating even if accused used
matchstick/flashlight
2. WHEN ESPECIALLY SOUGHT FOR BY THE OFFENDER TO
INSURE THE COMMISSION OF THE CRIME OR FOR THE 6.2. UNINHABITTED PLACE (DESPOBLADO)
PURPOSE OF IMPUNITY f) UNINHABITED PLACE. One where there are no houses at
- Offender sought for nighttime when accused all, a place at a considerable distance from town, or
waited for nighttime/ nightfall where the houses are scattered at a great distance from
each other
- Nighttime was not sought for when:
a) the notion to commit the crime was conceived g) Not determined by distance from nearest house but
only shortly before its commission (People v WON there was reasonable possibility of the victim
Pardo) receiving some help; Uninhabited place is not
b) the crime was committed at nighttime upon a aggravating when the place where the crime was
mere casual encounter (People v Cayabyab) committed could be seen and the voice of the
deceased could be heard
 Nighttime need not be specifically sought for when:
a) Nighttime facilitated the commission of the h) It must appear that the accused sought the solitude of
offense the place where the crime was committed in order to
b) The offender took advantage of nighttime to better attain his purpose.
commit the offense 1) To an easy and uninterrupted accomplishment of
their criminal designs
- TWO TESTS OF NOCTURNITY. Applied alternatively (or) 2) To insure concealment of the offense
a) OBJECTIVE TEST. Nocturnity is aggravating when
it facilitates the commission of the offense  Not aggravating even if crime was committed in an
uninhabited place when
b) SUBJECTIVE TEST. Nocturnity is aggravating 1) The victim was casually encountered by the
when it was purposely sought by the offender accused and the latter did not took advantage
of the place or there is no showing that it
facilitated the commission of the crime
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by Luis B. Reyes
2) The victim did not select the place either to 7. ON THE OCCASION OF CALAMITY OR MISFORTUNE
avoid interference or to prevent detection and ARTICLE 14. Aggravating circumstances. - The following are
punishment aggravating circumstances:
i) EXAMPLES, uninhabited place is aggravating 7. That the crime be committed on the occasion of a
1) People v Fausto Damaso. Crime was committed just conflagration, shipwreck, earthquake, epidemic or
one hundred meters from nearest house but the other calamity or misfortune.
sugarcane in the field was tall enough to obstruct
the view of neighbors and passers-by BASIS. Has reference to the time of the commission of the crime
2) People v Nulla. Felony was perpetrated in the open
sea; no help could be expected and offenders a) The offender must take advantage of the calamity or
could easily escape misfortune
3) People v Rubia. That another banca was also at sea b) OTHER CALAMITY OR MISFORTUNE. Refers to other
does not negate the aggravating circumstance conditions of distress similar to conflagration, shipwreck,
4) People v Aguinaldo. When crime is committed one earthquake, or epidemic
kilometer away from nearest house/ inhabited  Does not include
place 1) Chaotic conditions after liberation (People v
5) People v Atitiw. When crime was committed in a Corpus)
solitary place off the road and hidden among the  People v Penjan. Chaotic condition
trees and tall grasses on a hill, 500 meters away from resulting from liberation of San Pablo was
the toll gate considered as a calamity
6) People v Ong. When crime was omitted in an  People v Arpa. Considered chaotic
isolated place that resembled that of an conditions resulting from war or the
abandoned subdivision liberation of the Philippines during the last
7) When the victims are the occupants of the only World War as other calamity or misfortune
house in the place the crime is committed; no 2) Engine trouble at sea
nearby neighboring houses
8. AID OF ARMED MEN OR PERSONS WHO INSURE OR AFFORD
IMPUNITY
6.3. BAND (EN CUADRILLA)
ARTICLE 14. Aggravating circumstances. - The following are
j) BAND. Whenever more that three armed malefactors aggravating circumstances:
shall have acted together in the commission of an
offense 8. That the crime be committed with the aid of armed
men or persons who insure or afford impunity.
k) At least four armed men must act together in the BASIS. Based on the means and way of committing the crime
commission of the crime
1) Not aggravating even if there are more three armed REQUISITES
men in the scene but only one committed the crime a. That armed persons took part in the commission of the
 Principal by inducement is not included; all the crime, directly or indirectly
at least four armed men must take direct part in b. That the accused availed himself of their aid or relied
the crime upon them when the crime was committed
2) Not aggravating even if there are 20 persons when
only three are armed a) Armed men includes armed women
3) Stone is included in the term “arms” b) EXAMPLES
1) People v Ilane. Wife hired men to kill her husband.
l) Committing crime by a band must be especially sought While the men killed her husband, the wife held a
for and take advantage of; not present in casual lighted lamp and even provided the rope used to
encounter tie her husband.
2) People v Ortiz. The accused had armed
m) By band is aggravating in crime against property or companions when they committed robbery with
against persons of in the crime of illegal detention or rape.
treason
 Not aggravating in crimes against chastity, e.g. c) EXCEPTIONS
rape 1) Not aggravating when both the attacking party and
the party attacked were equally armed
n) Abuse of superior strength and use of firearm, absorbed 2) Not aggravating when those who cooperated with
in aggravating circumstance by band him acted under the same plan and for the same
purpose
o) By band is inherent in brigandage. BRIGANDAGE is
committed by more than three armed persons forming a d) Aid of armed men is absorbed by employment of a band
band of robbers.  If there are three men or less, aid of armed men may
 However, by band is aggravating in robbery with be aggravating
homicide
e) Aggravating in kidnapping and serious illegal detention
(People v Licop)
 People v VIllanueva. Use of arms or show of armed
strength is necessary to guard a victim to prevent
escape; absorbed by the offense itself
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9. RECIDIVISM 10. REITERACION OR HABITUALITY

ARTICLE 14. Aggravating circumstances. - The following are ARTICLE 14. Aggravating circumstances. - The following are
aggravating circumstances: aggravating circumstances:
9. That the accused is a recidivist. 10. That the offender has been previously punished by an
offense to which the law attaches an equal or greater
A recidivist is one who, at the time of his trial for one penalty or for two or more crimes to which it attaches
crime, shall have been previously convicted by final a lighter penalty.
judgment of another crime embraced in the same title
of this Code. BASIS. Based on the greater perversity of the offender as shown by
his inclination in crimes
BASIS. Based on the greater perversity of the offender as shown by
his inclination to crimes REQUISITES
1. That the accused is on trial for an offense
a) RECIDIVIST. One who, at the time of his trial for one crime, 2. That he previously served sentence for another offense to
shall have been previously convicted by final judgment which the law attaches an equal of greater penalty, or for
of another crime embraced in the same title of the RPC two or more crimes which it attaches lighter penalty than
that for the new offense
b) REQUISITES a. When the penalty for the previous offense is equal to
1) That the offender is on trial for an offense the new offense
2) That he was previously convicted by final judgment b. When the penalty for the previous offense is greater
of another crime than the new offense
3) That both the first and the second offenses are c. When the accused already served at least two
embraced in the same title of the RPC sentences, even if penalties are lighter
 People v Hodges. Aggravating in a Usury case 3. That he is convicted of the new offense
when accused was previously convicted in the
same offense. Art 10 provides that RPC is a) It is the penalty attached to the offense and not the
supplementing to special penal laws. penalty actually imposed that determines habituality
4) That the offender is convicted of the new offense
b) Habituality may not be always aggravating; e.g. if as a
c) The time of trial is controlling, not the time of commission result of the aggravating circumstance, the penalty for
of the crime. It is not required that there was already a murder will be death, and the offenses in previous
conviction by final judgment on the first crime when the convictions were against property and not directly
second crime was committed. against persons, the court may exercise discretion not to
appreciate habituality
1) Scenario: Crime 1 committed, then Crime 2
committed, then conviction on Crime 1; then on FOUR FORMS OF REPETITION
conviction in Crime 2, recidivism is aggravating Recidivism Art 14 Par 9 Generic Aggravating
Reiteracion or Art 14 Par 10 Generic Aggravating
2) Subsequent conviction is on the first crime. Crime 1 Habituality
committed, then Crime 2 committed; then Multi-Recidivism or Art 62 Par 5 Extraordinary
conviction on Crime 2; then on conviction in Crime Habitual Delinquency Aggravating
1, not aggravating Quasi-Recidivism Art 160 Special Aggravating
3) Judgments read o the same day. Not aggravating RECIDIVISM v REITERACION/HABITUALITY

since judgment on the prior crime is not yet final Reiteracion/ Habituality Recidivism
when tried for the subsequent offense. Offender shall have served It is enough that a final
out his sentence for the first judgment has been rendered
d) “At the time of trial” includes everything that is done in offense in the first offense
the course of the trial from arraignment until after Previous and subsequent Previous and subsequent
sentence is announced offenses must not be offenses must be included in
embraced in the same title of the same title of RPC
RPC
e) Judgment becomes final
Not always an aggravating Always an aggravating
1) After the lapse of the period for perfecting an
circumstance circumstance
appeal (15 days from promulgation or notice of the
judgment)
HABITUAL DELINQUENCY. When a person, within a period of ten
2) When the sentence has been partially or totally
years from the date of his release or last conviction of the crimes
satisfied or served
of serious or less serious physical injuries, robbery, theft, estafa or
3) The accused has waived in writing his right to
falsification, if found guilty of any of said crimes a third time or
appeal
oftener.
4) The accused has applied for probation
- Offender is either a recidivist or previously punished for
two or more offenses (habituality)
f) Recidivism is aggravating no matter how many years
have intervened between the first and second felonies
QUASI-RECIDIVISM. Any person who shall commit a felony after
having been convicted by final judgment, before beginning to
g) Pardon does not obliterate the fact that the accused
serve such sentence, or while serving the same, shall be punished
was a recidivist; but amnesty extinguishes the penalty
by the maximum period of the penalty prescribed by law for the
and its effects
new felony
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11. IN CONSIDERATION OF PRICE, REWARD OR PROMISE 12. BY MEANS OF INUNDIATION, FIRE, POISON, EXPLOSION,
ARTICLE 14. Aggravating circumstances. - The following are STRANDING OF A VESSEL OR INTENTIONAL DAMAGE THERETO,
aggravating circumstances: DERAILMENT OF A LOCOMOTIVE, OR BY THE USE OF ANY OTHER
ARTIFICE INVOLVING GREAT WASTE AND RUIN
11. That the crime be committed in consideration of a ARTICLE 14. Aggravating circumstances. - The following are
price, reward, or promise. aggravating circumstances:
BASIS. Based on the greater perversity of the offender as shown by 12. That the crime be committed by means of inundation,
the motivating power itself fire, poison, explosion, stranding of a vessel or
international damage thereto, derailment of a
a) There must be two or more principals locomotive, or by the use of any other artifice involving
1) Offeror. Principal by inducement, one who gives or great waste and ruin.
offers the price or promise
2) Offeree. Principal by direct participation; One who BASIS. Based on the means and ways employed
accepts it
- The inducement must be the primary AGGRAVATING CIRCUMSTANCES UNDER ART 14 PAR 12
consideration of offeree for the commission of 12.1.INUNDATION
the crime 12.2.FIRE
12.3.POISON
b) Affects not only the person who received the price or 12.4.EXPLOSION
reward but also the one who gave it 12.5.STRANDING OF/ INTENTIONAL DAMAGE TO A VESSEL
12.6.DERAILMENT OF A LOCOMOTICE
c) It is sufficient that the offer made by the principal by 12.7.ANY OTHER ARTIFICE INVOLVING GREAT WASTE AND RUIN
inducement was accepted by the principal by direct
participation before the commission of the offense. a) The circumstances are not aggravating unless used by
the offender as a means to accomplish a criminal
d) This aggravating circumstance is personal. The other co- purpose
conspirators if there be any who did not benefit from the
price, promise or reward will not have his penalty b) When another aggravating circumstance already
aggravated. qualifies the crime, any of these aggravating
circumstances shall be considered generic aggravating
e) It must be alleged in the information as qualifying circumstance only
aggravating circumstance; otherwise, it shall be applied e.g. Husband killed wife by means of fire/ explosion/
as a generic aggravating circumstance only poison; Crime is parricide qualified by relationship,
hence, the circumstances are generic aggravating
f) It must be proved that one of the accused used money
or other valuable consideration for the purpose of c) If the purpose of the explosion, inundation, fire or poison
inducing another to perform the criminal deed. is to kill a predetermined person, the crime committed is
 If without a previous promise and it was given murder.
voluntarily as an expression of appreciation after CIRCUM NOBODY IS SOMEONE DIED,
the crime was committed, it is not aggravating STANCE KILLED W/O INTENT TO KILL
Fire Arson (Art 320) Arson, death
penalty
Explosion Crime involving Destruction, death
Destruction (Art penalty
324)
Derailment Damage and Complex Crime of
of Obstruction to damage to means
Locomotive Means of of communication
Communication with homicide
(Art 330)
d) RULES AS TO THE USE OF FIRE

1) Intent was only to burn but someone dies, the
crime committed is simple arson but with specific
penalty
2) If fire was used as a means to kill, the crime
committed is murder
3) If the fire was used to conceal the killing, there is
separate crimes of arson and murder/homicide
e) PARAGRAPH 12 v PARAGRAPH 7
PAR 12 PAR 7
12. That the crime be 7. That the crime be
committed … or by the committed on the
use of any other artifice occasion of a
involving great waste conflagration, shipwreck,
and ruin. earthquake, epidemic or
other calamity or
misfortune.
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13. EVIDENT PREMEDITATION f. When defendant attempted to kill his victim thrice
ARTICLE 14. Aggravating circumstances. - The following are in order to marry his widow
aggravating circumstances: g. When accused plotted the crime for weeks
13. That the act be committed with evidence - Mere threats without the second element does not
premeditation. show evident premeditation
- Existence of ill-feeling or grudge alone is not proof of
BASIS. Based on the ways of committing the crime, implied evident premeditation
deliberate planning of the act before executing it
3. A SUFFICIENT LAPSE OF TIME BETWEEN THE DETERMINATION AND
a) The execution of the criminal act must be preceded by EXECUTION
cool though and reflection upon the resolution to carry - Offender must have an opportunity to cooly and
out the criminal intent during the space of time sufficient serenely thing and deliberate on the meaning and
to arrive at a calm judgment consequences of what he planned to do, an interval
long enough for his conscience and better judgment to
b) The premeditation must be evident. There must be overcome his evil desire and scheme
evidence showing that the accused meditated and
reflected on his intention between conception and - There must be sufficient time between the outward acts
commission of crime. and the actual commission of the crime
a. When accused was lying in wait for his victim just
c) Evident premeditation may be considered as to the before the attack is not sufficient, it must be proved
principal by inducement that he had been in wait for a substantial period of
time
d) Where conspiracy is directly established with proof of the b. But when accused borrowed a weapon (outward
attendant deliberation and means of executing the act) early in the morning and was lying in wait for
crime, the existence of evident premeditation can be some time before the crime, evident premeditation
taken for granted. is sufficiently established
 When conspiracy is only implied, evident
premeditation may NOT be appreciated, in the e) When victim is different from that intended,
absence of proof as to how and when the plan to premeditation is not aggravating.
kill the victim was hatched or what time had elapsed  Still aggravating when the conspirators were
before it was carried out. determined to kill not only the intended victim but
also anyone who may help him put a violent
REQUISITES, The prosecution must proved resistance (People v Ubiña)
1. The time when the offender determined to commit the
crime f) Evident Premeditation may be appreciated even if there
2. An act manifestly indicating that the culprit has clung to is no particular victim
his determination e.g. to kill the first two person he will encounter
3. A sufficient lapse of time between the determination and
execution, to allow him to reflect upon the g) Evident premeditation can co-exist with price or reward
consequences of his act and to allow his conscience to  With respect to the inductor (only), premeditation is
overcome the resolution of his will absorbed by reward or promise.
1. THE TIME WHEN THE OFFENDER DETERMINED TO COMMIT THE h) Even if inherent in robbery, premeditation can be
CRIME aggravating if it included the killing of the victim
- The date and the time when the offender determined to
commit the crime is essential, because the lapse of time
(third requisite) is computed from that date and time
2. AN ACT MANIFESTLY INDICATING THAT THE CULPRIT HAS CLUNG

TO HIS DETERMINATION
- Must be based upon external acts and not presumed
- Criminal intent as evidenced by outward acts must be
notorious and manifest, and the purpose and
determination must be plain and have been adopted
after mature consideration
- EXAMPLES, Second Requisite is present

a. When the crime was carefully planned by the
offenders
b. When the offenders previously prepared the means
which they considered adequate to carry it out
c. When a grave was prepared at an isolated placed
for the body of the intended victim
d. When accused repeatedly stated that the ‘hour of
reckoning of the victim would arrive’ and armed
themselves with deadly weapon
e. When accused started sharpening his bolo the
afternoon preceding the night of the crime
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14. CRAFT, FRAUD, OR DISGUISE 1) US v Abelinde. Where the accused induced their
ARTICLE 14. Aggravating circumstances. - The following are victims to give up their arms upon promise that no
aggravating circumstances: harm should be done to them, and when they gave
up their arms, they were attacked and killed
14. That the craft, fraud or disguise be employed 2) US v Bundal. Where accused pretended to buy a
bottle of wine and induced the victim to go down
BASIS. Based on the means employed in the commission of the to the lower story of his dwelling where the wine was
crime stored where victim was assaulted
3) People v De Leon. Where the stepfather, while the
THREE AGRRAVATING CIRCUMSTANCES UNDER ART 14 PAR 14 mother was absent, pretended to bring the girl to
14.1. CRAFT. Any act, which would NOT arouse the suspicion her godmother’s house but was brought to another
of the victim in order to facilitate the commission of the house where she was ravished
crime. Involves intellectual trickery and cunning in order
not to arouse the suspicion of the victim. g) CRAFT v FRAUD.
14.2.FRAUD. Direct inducement by insidious words or Fraud Craft
machinations used to induce the victim to act in a When there is a direct The acts were don in
manner, which would enable the offender to carry out inducement by insidious order not to arouse the
his design. machinations suspicion of the victim
14.3.DISGUISE. The resort to any device to conceal identity.
*Not aggravating when they did not facilitate the commission 14.3.DISGUISE
of the crime or not taken advantage of by the offender h) DISGUISE. Resorting to any device to conceal identity;
contemplates a superficial but somewhat effective
dissembling to avoid identification.
14.1.CRAFT i) EXAMPLE, When Disguise is aggravating

a) CRAFT involves intellectual trickery or cunning on the part 1) US v Cofraada. Where accused had his face
of the accused. blackened
2) People v Piring. Whre the accused covered his
b) EXAMPLES, Where Craft is aggravating face with handkerchief before committing the
1) US v Gampoña. Where four men invited their victim crime
on a journey to a distant mountain on the pretense  People v Sonsona. Not aggravating when the
that they would find there a molave tree from which victim recognized the culprits despite use of
flowered a liquid supposed to have a peculiar handkerchiefs to cover faces
virtues in order to kill him in an uninhabited place
2) People v Daos. Where the accused pretended to be 3) People v Cabato. Where culprits wore masks; still
bona fide passengers of the taxicab driven by victim aggravating even if the mask fell down and
in order not to arouse his suspicion revealed the identity of the culprit
3) People v Timbol. Where accused pretended to be a  People v Reyes. Not aggravating when
person of authority accused used masquerade but was
4) People v Bagtas. Where accused brushed off the dirt recognizable because his face could easily be
on the pants of the victim which he dirties himself to seen together with the identifying feature of his
distract her while a confederate grabs her wallet mustache
from behind
5) People v Mallari. Where accused asked victim to 4) People v Gonzales. Where the accused illegally
change the bill and upon taking out his wallet, they wore a Constabulary uniform
snatched it 5) People v Adamos. Where accused used another
6) People v Guy. Where accused put deleterious drug name in the publication of a libel
in the chocolates to weaken resistance of victim
7) People v Barbosa. Where accused lures out the j) The purpose of the offender in using any device must be
victim out of his house in order to be killed to conceal his identity so that disguise is aggravating
8) People v Molleda. Where the accused pretended to
accompany the victim in a friendly manner in going e.g. Disguise is not aggravating
home 1) US v Rodriguez. Where offenders used cloths
wrapped around their heads following the custom in
c) Craft is not attendant where the unlawful scheme could their country where they were reared
have been carried out just the same even without the 2) US v Guysayo. Where the accused disguised herself
pretense. using her husband’s clothes for fear of being
attacked on the way
d) Craft is NOT aggravating when it is an element of the 3) People v Cunanan. Where the disguise did not
offense facilitate the consummation of the crime
14.2.FRAUD
e) FRAUD. Insidious words or machinations used to induce
the victim to act in a manner which would enable the
offender to carry our his design
f) EXAMPLES
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15. ABUSE OF SUPERIOR STRENGTH OR MEANS TAKEN TO WEAKEN HE e) When the strength availed of is greatly in excess of that
DEFENSE required, abuse of strength is aggravating in coercion or
ARTICLE 14. Aggravating circumstances. - The following are forcible abduction;
aggravating circumstances:
f) Abuse of superior strength may be aggravating in
15. That advantage be taken of superior strength, or 1) illegal detention, when six persons took and carried
means be employed to weaken the defense. away victim from home
2) robbery with rape, committed by five armed men
TWO AGGRVATING CIRCUMSTANCES IN ART 14 PAR 15 3) multiple rape, committed by four men
15.1. ABUSE OF SUPERIOR STRENGTH 4) robbery with homicide, committed bu three men
15.2.MEANS EMPLOYED TO WEAKEN THE DEFENSE
g) BY BAND v ABUSE OF SUPERIOR SRENGTH
15.1.ABUSE OF SUPERIOR STRENGTH By Band Abuse of Superior
a) To TAKE ADVANTAGE OF SUPERIOR STRENGTH means to Strength
use purposely excessive force out of proportion to the Regardless of the Considers relative
means of defense available to the person attacked comparable strength of physical strength of
the victim offender and offender
b) The accused must take advantage of the superior party
strength so as to be aggravating At least four malefactors Regardless of number
 Not aggravating when one attacks with passion and (applicable even if only
obfuscation one malefactor)
 Not aggravating when the quarrel arose All malefactors must be Regardless of being
unexpectedly and resulted to a fatal blow armed armed or not
 Not aggravating when the victim was alternately
attacked *Separate and distinct, may both be attendant to the
crime
c) EXAMPLES
1) US v Devela. When there is a marked difference h) Treachery absorbs abuse of superior strength
of physical strength; e.g. strong man against a
child, an old or decrepit person, or one i) Abuse of superior strength absorbs band/ cuadrilla
weakened by disease, or whose physical
strength has been overcome by the use of
drugs or intoxicants 15.2.MEANS EMPLOYED TO WEAKEN THE DEFENSE
2) People v Navarra. The victim was defenseless j) EXAMPLES
and intoxicated. He assailants were police 1) US v Devela. Where one struggling with another,
officers fully armed. suddenly throws a cloak over the head of his
3) People v Gatcho. Where the victim is a six- opponent then wounds and kills him
month-old baby 2) People v Siaotong. While fighting with another,
accused suddenly casts sand or dirt upon the
4) When a man attacks a woman with a weapon victim’s eyes and kills him
 Not aggravating in parricide it is inherent in
the crime of parricide 3) People v Ducusin. Intoxicating the victim
 But if in his intoxication, it is impossible for the
5) People v Tandoc. Where the assaulting party is victim to put up any sort of resistance at the
greater in number and were armed time he was attacked, treachery may be
 People v Antonio. Not aggravating when attendant
three accused were armed with bolo while
the victim was armed a revolver 4) People v Tunhawan. Use of rifle is not necessarily
 People v Ybañez. Not aggravating where employing means to weaken defense
accused did not cooperate so as to secure
advantage of combined strength k) Means employed to weaken defense applies only to
crimes against persons, and sometimes against persona
 There is no abuse of superior strength when and property (e.g. robbery with physical injuries or
one acted as principal and the other/s as homicide)
accomplices
l) Means employed to weaken the defense is absorbed in
6) People v Padua. There is abuse of superior treachery.
strength when weapon used is out of proportion
to the defense available to the victim
7) US v Bañagale. Simultaneous attack by two

persons with revolvers against a defenseless
person is aggravated by superior strength
d) It must be proved that the accused were physically

stronger and that they abused such superiority.
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16. TREACHERY (ALEVOSIA)  People v Sabanal. Mere sudden and

ARTICLE 14. Aggravating circumstances. - The following are unexpected attack does not necessarily give
aggravating circumstances: rise to treachery. E.g. done on impulse as a
reaction to provocation offered by victim
16. That the act be committed with treachery (alevosia).
c. The mode of attack must be consciously adopted
There is treachery when the offender commits any of - When there is no evidence that the accused had,
the crimes against the person, employing means,
prior to the moment of the killing, resolved to commit
methods, or forms in the execution thereof which tend
the crime, or there is no proof that the death of the
directly and specially to insure its execution, without
victim was the result of meditation, calculation or
risk to himself arising from the defense which the
offended party might make. reflection, treachery cannot be considered
- Third requisite can be inferred from the
BASIS. Based on the means and ways employed in the commission circumstances
of the crime
e.g. People v Guevarra. Where accused was well
TREACHERY/ ALEVOSIA hidden when he shot the unarmed and unaware
- Present when the offender commits any of the crimes victim who had no way of defending himself,
against the person, employing means, methods or forms treachery is aggravating
in the execution thereof which tend directly and  People v Dadis. Where the accused was well
specially to insure its execution, without risk to himself hidden when he shot his victim who was running
arising from the defense which the offended party might away and has no means to defend himself,
make treachery was not appreciated, accused did so
- Means that the offended party was not given because he was scared that he was armed
opportunity to make a defense and not to take advantage of the
circumstance
REQUISITES, TREACHERY
1. That at the time of the attack, the victim was not in a a) Treachery cannot be presumed. It must be proved fully
position to defend himself as the crime itself in order to be aggravating.
2. That the offender consciously adopted the particular
means, method or form of attack employed by him  EXCEPTIONS, Treachery is aggravating even if not
proven when
1. That at the time of the attack, the victim was not in a position 1) US v Santos. When the victim was tied elbow to
to defend himself elbow, his body with many wounds and his
- Killed while hands were tied at the back, shot from head cut off
behind, shot while blindfolded 2) People v Osianas. Where hands of the victim
was tied
2. That the offender consciously adopted the particular means, 3) People v Retubado. Where the victim is a child
method or form of attack employed by him and accused is an adult
- Taking advantage of relative confusion so conceal
identity and facilitate escape does not adequately b) The mode of attack must be consciously adopted;
establish treachery. accused must make some preparations, the mode of
 People v Tilos. Treachery was appreciated when, attack must be thought of by the offender and must not
accused stabbed the victim at the same time when, spring from the unexpected turn of events
on account of shower people were going out of the
dance hall to seek for cover. (Ruling was criticized c) There is no treachery when the meeting between the
by author; ruling not in accordance with second accused and the victim is casual
requisite)
d) EXAMPLE, ATTACKS SHOWING INTENTION TO ELIMINATE
RISK
RULES REGARDING TREACHERY 1) When victim was asleep
a. Applicable only to crimes against the person 2) When victim was half-awake or just awakened
b. Means, methods or forms need not insure 3) When victim was grappling or being held
accomplishment of crime 4) When victims were eating lunch and not in a place
- Need not to insure accomplishment as the law only where they would be reasonably expected to be
requires “to insure execution” on guard for any sudden attack
- May be attendant to attempted and frustrated
crimes; need not be consummated 5) Attacked from behind
- With a firearm; shot from behind without a
- The attack must be deliberate, sudden and warning, even if victim is forewarned of the
unexpected without any warning or opportunity for impending danger
the victim to defend himself or repel the assault - With a bladed weapon
 People v Casalme. The victim was not caught  Even if attack was made face-to-face, if victim
by surprise as he was threatened since the day was unable to prepare for his defense, there is
before. Accused approached his victim, who treachery
had no idea how the threat to him would be  Attack from behind is not always treachery;
carried out, then shot his five times without when not consciously adopted by accused,
warning. Treachery is attendant. Treachery when other wounds were inflicted at the front
does not connote the element of surprise alone. earlier than the wound at the back
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by Luis B. Reyes
6) When several accused took turns in stabbing the l) If the intervention/help of other persons did not directly
victim and especially insure the execution of the crime without
7) When victim was lying face down on the floor risk to the accused, there is no treachery
8) When unsuspecting victim was attacked suddenly
9) When the victim was called to come out/down his m) Treachery, evident premeditation and use of superior
house and subjecting him to a volley of shots strength are absorbed (inherent) in treason by killings.
10) When unarmed victim’s hands were raised to show
that he would not fight, or because of fright, or to n) Treachery is inherent in murder by poisoning.
try to ward off the shots
11) When the victim pleaded for mercy o) Treachery absorbs
12) When victim was a child of tender age 1) Abuse of superior strength
13) When accused deliberately flashed the beam of 2) Aid of armed men
flashlight on the face of the victim 3) By band/ cuadrilla
4) Means to weaken the defense
e) THERE IS NOT TREACHERY WHEN 5) Nighttime
1) The accused gave the victim a chance to prepare  Not absorbed when it can be perceived
distinctly , rests upon independent factual
2) The attack is preceded by a warning basis
- People v Luna. Accused first asked “What did 6) Craft
you say?” which was already a warning to the  People v Daos. Not absorbed when accused
victim of his hostile attitude. pretended to be bona fide passengers of a
- People v Magdueño. Calling attention of taxi (craft) and assaulted him from behind
victim/ calling-out his name is not a warning (treachery)
 People v San Pedro. Not absorbed when craft
3) The crime was preceded by a heated discussion was employed in robbery with homicide not to
make treachery more effective in killing victim
f) Treachery can co-exist with mitigating circumstance of but to facilitate the taking of the jeep
not having intended to cause so great an injury, hence,
intent to kill is NOT necessary in murder committed with 7) Disregard of age and sex
treachery
 Intent to kill is necessary in murder committed by p) Treachery does NOT absorb
means of fire 1) Dwelling
2) Passion or obfuscation
g) When the aggression is continuous, treachery must be
present at the beginning of the assault.
 When the assault was not continuous, in that there
was an interruption, it is sufficient that treachery was
present at the moment the fatal blow was given.
h) Treachery is still present even if the victim was not the

same person whom the accused intended to kill
i) Treachery is not appreciated against a principal by

induction when the only the principal by direct
participation knows the details as to how to accomplish
the crime
- The mastermind should have knowledge of the
employment of treachery if he was not present
when the crime was committed, so that treachery
is aggravating to him
j) In conspiracy, treachery is aggravating to all offenders
k) TREACHERY v ABUSE OF SUPERIOR SRENGTH v MEANS

EMPLOYED TO WEAKEN DEFENSE
Treachery Abuse of Superior Means to
Strength weaken
defense
Means and Offender does Employs
methods or not employ means but
form of attack means, methods the means
are employed or forms of attack employed
to make it Merely takes only
impossible or advantage of his materially
hard for the superior strength, weaken the
victim to put up resisting
any sort of e.g. defenseless power of the
resistance condition of victim
victims
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17. IGNOMINY 18. UNLAWFUL ENTRY

17. That means be employed or circumstances brought 18. That the crime be committed after an unlawful entry.
about which add ignominy to the natural effects of the
act. There is an unlawful entry when an entrance of a crime
a wall, roof, floor, door, or window be broken.
BASIS. Based on the means employed
BASIS. Based on the means and ways employed to commit the
IGNOMINY. Circumstance that pertains to the moral order, which crime
adds disgrace and obloquy to the material injury caused by the - One who acts not respecting the walls erected by men
crime to guard their property and provide for their personal
safety shows a greater perversity, a greater audacity,
a) Ignominy is applicable to hence, the law punishes him with more severity.
1) crimes against chastity,
2) less serious physical injuries, UNLAWFUL ENTRY. When an entrance if effected by a way not
3) light or grave coercion and intended for the purpose.
4) murder
a) EXAMPLES, Unlawful entry is aggravating when
b) EXAMPLES 1) Rape is committed in a house after an entry through
That means be employed the window
1) People v Torrefiel. Accused raped a woman after 2) Murder where the accused entered the room of the
winding cogon grass around his general organ victim through the window
increasing its pain 3) In robbery with violence or intimidation when
window is used as entrance
That circumstances be brought about  Not aggravating in robbery with force upon
2) Where accused rapes a woman in the presence of things since it is inherent in the crime
her husband/ alleged husband, fiancé
 No ignominy when man is killed in the presence b) Unlawful entry must be alleged in the information,
of wife otherwise, if proved during trial, it will only be
appreciated as generic aggravating circumstance
3) Where victim was successively raped by several
men c) Unlawful entry may co-exist with dwelling
4) Where the victim was raped in dog style, entry from
behind d) Unlawful entry is not aggravating in trespass to dwelling
5) In grave coercion, where the old lady was (and robbery with force upon things)
compelled to confess to theft by maltreating her
and removing her drawers
6) Where accused ordered complainant to exhibit to

them complete nakedness before raping her
7) Where accused used flashlight to examine the
genital of the victim
8) People v Nierra. Where the accused unexpectedly
appeared behind victim, held her hair and inserted
the muzzle of his pistol in her mouth, then fired
c) There is no ignominy to the offense where the victim was

already dead when his body was dismembered
d) The means employed or the circumstances brought

about must tend to make the effects of the crime more
humiliating or to put the offended party to shame.
e) Rape, wanton robbery for personal gain, and other forms

of cruelties may be regarded as ignominy.
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19. BREAKING OF WALL, ROOF, FLOOR, DOOR, OR WINDOW 20. USE OF MOTOR VEHICLES AND OTHER SIMILAR MEANS
19. That as a means to the commission of a crime a wall, 20. That the crime be committed with the aid of persons
roof, floor, door, or window be broken under fifteen years of age or by means of motor
vehicles, motorized watercraft, airships, or other similar
BASIS. Based on the means and ways employed to commit the means. (As amended by RA 5438).
crime
BASIS. Based on the means and ways employed to commit the
a) EXAMPLES crime
1) US v Matanug. When the ropes at the rear of a tent
was cut and the two soldiers inside was killed, TWO AGGRAVATING CIRCUMSTANCES IN ART 14 PAR 20
‘forcible entry’ was aggravating 20.1.Use of minors (under 15 yo)
2) 20.2.Use of motor vehicles, motorized watercraft, airships, or
b) It is not necessary that the offender should have entered other similar means
the building, as long as a part of the building was broken
as a means to commit the crime a) Use of motor vehicle is aggravating where the accused
purposely and deliberately used the motor vehicle
c) The ‘forcible entry’ must be used to enter the building in 1) In going to the place of the crime
order to be aggravating. Not aggravating when part of 2) In carrying the effects of the crime, or
the house is broken in order to get out of it. 3) In facilitating the escape (People v Espejo)
d) ‘Forcible entry’ is inherent, and therefore, not b) Use of motor vehicles is not aggravating when
aggravating in robbery with force upon things. 1) The vehicles was used only in facilitating escape, or
2) Use of vehicle is only incidental, was not purposely
sought to facilitate the commission of the offense or
to render the escape easier
c) EXAMPLES, Use of motor vehicle not aggravating

1) In estafa which is committed by means of deceit or
abuse of confidence
2) In theft committed by merely taking personal
property and need not be carried away
d) EXAMPLES, Use of motor vehicle aggravating

1) In forcible abduction, where the accused used an
automobile to carry away a woman to another
town
2) In theft, where a truck was used in carrying away
stolen rails, iron and wooden ties from the scene of
the theft to the place where they were sold
3) In robbery with homicide, where a motor vehicle
was used in transporting the accused
4) People v De la Cruz. Even if victims voluntarily rode
the vehicle if they were lured and taken to the place
where they were killed, use of motor vehicle is
aggravating
5) When the accused killed his girlfriend while they
were in a taxi which was hired and used by him
e) “Or other similar means” refers to motorized vehicles or

other efficient means of transportation similar to
automobile or airplane.
- Does not include bicycle
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21. CRUELTY AGGRAVATING CIRCUMSTANCES PECULIAR TO CERTAIN FELONIES

ARTICLE 14. Aggravating circumstances. - The following are Crime Aggravating Circumstance
aggravating circumstances: Violation of That the offense be committed in the
Domicile nighttime, or
21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not if any papers or effects not constituting
necessary for its commissions. evidence of a crime be not returned
immediately after the search made by the
BASIS. Based on the ways employed in committing the crime offender
CRUELTY. Present when the culprit enjoys and delights in making his Interruption of Violence or threats
victim suffer slowly and gradually, causing him unnecessary religious worship
physical pain in the consummation of the criminal act Direct Assault Committed with weapon, or
when the offender is a public officer or

REQUISITES, CRUELTY
employee, or
1. That the injury caused be deliberately increased by
causing other wrong when the offender lays hands upon a
2. That the other wrong be unnecessary for the execution of person in authority
the purpose of the offender
Slavery Committed for the purpose of assigning the
1. That the injury caused be deliberately increased by causing offended party to some immoral traffic
other wrong
- Accused must have a deliberate intention to prolong the Grave Threats Made in writing or
suffering of the victim at the time of commission of the
crime through a middleman
2. That the other wrong be unnecessary for the execution of the Robbery with Uninhabited place
purpose of the offender violence or
intimidation By band
a) Cruelty refers to physical suffering of the victim purposely
(except robbery On a street, road, highway, or alley, and
intended by offender
with homicide,
with rape, etc) the intimidation is made with the use of
b) Cruelty cannot be presumed. firearm
c) EXAMPLES, Cruelty is aggravating Robbery with use Uninhabited place

1) US v Oro. When the accused killed an infant by of force upon
burning his mouth and other parts of his body things By band
2) People v Mariquina. Where victim was hog-tied, his
left eye was extracted using the pointed end of a
can, and his mouth stuffed with mud
3) People v Beleno. Where a series of acts, that took
place in rapic succession, caused unnecessary
sufferings of the victim
d) The mere fact of inflicting various successive wounds in

order to cause victim’s death is not sufficient to establish
cruelty if there was no appreciable time intervening
between the infliction of one wound and that of another
to show that the offender wanted to prolong suffering.
(People v Dayug)
e) Plurality of wounds alone does not establish cruelty.
f) There is no cruelty when the other wrong was done after

the victim as dead.
g) IGNOMINY v CRUELTY
Ignominy Cruelty
Moral suffering Physical suffering
h) Rape, wanton robbery for personal gain, and other forms

of cruelties may be regarded as cruelty.
1) Rape aggravates robbery with homicide
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CHAPTER FIVE 1. RELATIONSHIP

ALTERNATIVE CIRCUMSTANCES a) Relationships covered
1) Spouse
2) Ascendant
ARTICLE 15. Their concept. - Alternative circumstances are 3) Descendant
those which must be taken into consideration as aggravating 4) Legitimate, natural, or adopted brother or sister
or mitigating according to the nature and effects of the crime 5) Relative by affinity of the same degree of the
and the other conditions attending its commission. They are offender
the relationship, intoxication and the degree of instruction and 6) Step-parents and step-children
education of the offender.
b) APPLICATION
The alternative circumstance of relationship shall be taken into
consideration when the offended party in the spouse, 1) CRIMES AGAINST PROPERTY
ascendant, descendant, legitimate, natural, or adopted a. Mitigating in the following
brother or sister, or relative by affinity in the same degrees of - Robbery
the offender. - Usurpation
- Fraudulent Insolvency
The intoxication of the offender - Arson
shall be taken into consideration as a mitigating b. Exempting in the following
circumstances when the offender has committed a felony in a - Malicious Mischief
state of intoxication, if the same is not habitual or subsequent - Theft
to the plan to commit said felony but when the intoxication is - Swindling or Estafa
habitual or intentional, it shall be considered as an
aggravating circumstance.
2) CRIMES AGAINST PERSONS.
►Aggravating in cases where the offended party is
ALTERNATIVE CIRCUMSTANCES are those which must be taken into
relative of a higher degree than or same level with
consideration as aggravating or mitigating according to the
the offender
nature and effects of the crime and the other conditions attending
its commission.
a. Serious Physical Injuries. Aggravating even if
the offended party is a descendant of the
BASIS. Nature and effects of the crime and the other conditions
offender
attending its commission
 Must not be inflicted by parent upon his
child by excessive chastisement
THREE ALTERNATIVE CIRCUMSTANCES
(disciplining)
a. RELATIONSHIP
b. Less Serious Physical Injuries. Mitigating if the
b. INTOXICATION
offender party is a relative of a lower degree;
c. DEGREE OF INSTRUCTION AND EDUCATION
Aggravating if the offended party is a relative
of a higher degree
c. Homicide or Murder. Aggravating regardless of
degree
d. Rape. Aggravating where stepfather raped
stepdaughter; father raped daughter
3) CRIMES AGAINST CHASTITY

a. Acts of Lasciviousness. Always aggravating
regardless of higher or lower degree
4) Mitigating in Trespass to Dwelling
5) When relationship is an element of the crime, neither

mitigating nor aggravating
2. INTOXICATION
a) MITIGATING
1) If intoxication is not habitual
2) If intoxication is not intentional/ subsequent to the
plan to commit a felony
b) AGGRAVATING
1) If intoxication is habitual
- Habitual Drunkard is one given to intoxication
by excessive use of intoxicating drinks; the
habit should be actual and confirmed; it is
unnecessary that it be a matter of daily
occurrence
2) If it is intentional (subsequent to the plan to commit
a felony)
- Intentional when the offender drinks liquor fully
knowing its effects, to find in the liquor a
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stimulant to commit a crime or a means to

suffocate any remorse
c) A person pleading intoxication as a mitigating

circumstance must show that:
1) At the time of the commission of the crime, he has
taken such quantity of alcohol as to blur his reason
and deprive him of certain degree of control, and
2) That such intoxication is not habitual, or subsequent
to the plan to commit the felony
d) Not-habitual intoxication, lack of instruction and

obfuscation are not to be taken separately (considered
just one mitigating circumstance)
e) It is presumed that intoxication is accidental/ not

habitual, hence, mitigating.
3. DEGREE OF INSTRUCTION AND EDUCATION

a) LACK OF INSTRUCTION.
1) Mere illiteracy is not sufficient to constitute a
mitigating circumstance. There must also be lack of
sufficient intelligence and knowledge of the full
significance of one’s acts.
2) Not mitigating when accused finished Grade One;
mitigating if he did not finish even Grade One
3) Not mitigating when offender is a city resident who
knows how to sign his name
b) APPLICATION
1) Low degree/ lack of instruction and education is
generally mitigating.
 Exceptions
a. In Crimes against Property such as estafa,
theft, robbery, arson
 Exceptional cases. (Not the doctrine)
a. US v Maqui. Mitigating in theft of
large cattle committed by a
member of an uncivilized tribe of
Igorot in Igorot land
b. People v Patricion. Mitigating in
robbery with homicide
b. In Crimes against Chastity such as rape or

adultery
c. Treason
d. Murder
 People v Laolao. Accused committed
murder as he was so ignorant as to
believe in witchcraft
2) High degree of instruction and education is

aggravating when the offender avails himself of his
learning in committing the crime.
 High degree of education is not aggravating
when accused did not take advantage of this.
c) Lack of instruction must be proved by the defense. Must

be raised in the trial court; it cannot be raised at the
appellate court.
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TITLE TWO commission of an act punishable by law are

PERSONS CRIMINALLY LIABLE FOR FELONIES liable.
 The manager of the partnership is criminally
liable, even in the absence of evidence
regarding his direct participation in the
Article 16. Who are criminally liable. - The following are commission of the offense.
criminally liable for grave and less grave felonies:  People v Cartesiano. The president and
general manager of a corporation which
a. Principals. violated the Motor Vehicle Law was held
b. Accomplices.
criminally liable for the offense of the
c. Accessories.
corporation.
The following are criminally liable for light felonies:
- Juridical persons are criminally liable under certain
1. Principals laws
2. Accomplices. a. Corporations may be fined for certain violations
of the followings:
1) BP Blg 68 (Corporation Code of the
RULES ON LIGHT FELONIES Philippines)
►Accessories are not liable for light felonies; only principals and 2) CA No. 146 (Public Service Law)
accomplices are liable for light felonies 3) Securities Law
4) Election Law
►Light felonies are punishable only when they have been
consummated
 When committed against persons or property, they are 2. PASSIVE SUBJECT. The injured party.
punishable even if they are only in the attempted or - The holder of the injured right which may be the
frustrated stage man, the juristic person, the group and the State
 Accomplices are not liable even if light felony is
committed against person or property - While a corporation or partnership cannot be the
active subject, it can be the passive subject of a
*Check Art 7 and Art 16 above crime
TWO PARTIES IN A CRIME - Corpse or animal cannot be the passive subject;

1. ACTIVE SUBJECT. The criminal since the dead and animals have no rights that may
- The active subjects of a crime be injured
a. Principals.  Exception: Article 353. The crime of defamation
b. Accomplices. may be committed if the imputation tends to
c. Accessories. blacken the memory of one who is dead
- Only natural persons can be the active subject of

crime because of the highly personal nature of Article 17. Principals. - The following are considered principals:
criminal responsibility; (reasons:)
a. RPC requires that the culprit acted with 1. Those who take a direct part in the execution of the
personal malice or negligence. An artificial or act;
juridical person cannot act with malice or
negligence 2. Those who directly force or induce others to commit it;
b. A juridical person cannot commit a crime with
3. Those who cooperate in the commission of the offense
a willful purpose or malicious intent
by another act without which it would not have been
c. There is substitution of deprivation of liberty accomplished.
(subsidiary imprisonment) for pecuniary
penalties in cases of insolvency THREE TYPES OF PRINCIPALS
d. Other penalties consisting in imprisonment and 1. PRINCIPALS BY DIRECT PARTICIPATION. Those who take a
other deprivation of liberty can be executed direct part in the execution of the act
only against individuals
2. PRINCIPAL BY INDUCTION. Those who directly force or
- Officers, not the corporation are liable. induce others to commit it
a. If the crime is committed by a corporation or
other juridical entity, the directors, officers, 3. PRINCIPAL BY INDISPENSABLE COOPERATION. Those who
employees or other officers thereof are cooperate in the commission of the offense by another
responsible for the offense shall be charged act without which it would not have been accomplished
and penalized for the crime.
PRINCIPALS v CO-CONSPIRATORS
b. A corporation cannot be arrested and a. The principal’s criminal liability is limited to his own acts
imprisoned; hence, it cannot be punished by a b. A co-conspirator, who is also a principal, is liable even to
crime punishable by imprisonment the acts of his fellow conspirators.
c. Only the officers of the corporation who

participated either as principals by direct
participation or principals by induction or by
cooperation, or as accomplices in the
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a) COLLECTIVE CRIMINAL RESPONSIBILITY. When offenders 1. PRINCIPALS BY DIRECT PARTICIPATION.

are criminally liable in the same manner and to the same Article 17. Principals. - The following are considered principals:
extent; and the penalty must be same for all
1. Those who take a direct part in the execution of the
1. Principals by direct participation have collective act;
criminal responsibility.
a) The principal by direct participation personally takes part
2. Principals by induction and principal by direct in the execution of the act constituting the crime.
participation have collective criminal responsibility
 Except one who forced another to commit a b) Two or more persons who took part in the commission of
crime (exempting circumstance on the part of the crime are principals by direct participation when
the induced) (REQUISITES):
1. They participated in the criminal resolution
3. Principal by indispensable cooperation has a. They participated in the criminal resolution
collective criminal responsibility with principal by when they were in conspiracy at the time of
direct participation the commission of the crime
b. Conspiracy contemplated is not the felony,
 Exception. When there is no conspiracy, unity of but a manner of incurring criminal liability
criminal purpose and intention immediately before c. When there is no conspiracy, each of the
the commission of the crime, or community of offenders is liable only for the act performed
criminal design, the criminal responsibility arising by him
from the different acts directed against the same
person is individual and not collective, and each 2. They carried out their plan and personally took part
participant is liable only for the act committed by in its execution by acts which directly tended to the
him same end
c) [FIRST REQUISITE] CONSPIRACY

- A conspiracy exists when two or more persons come
to an agreement concerning the commission of a
felony and decide to commit it
- To be a party to a conspiracy, one must have the

intention to participate in the transaction with a view
to the furtherance of the common design and
purpose
a. By actively participating in the actual
b. By lending moral assistance to his co-
conspirators by being present at the scene
of the crime
c. By exerting moral ascendancy over the
rest of the conspirators
- Conspiracy arises on the very instant the plotters

agree, expressly or impliedly, to commit the felony
and decide to pursue it.
- Mere knowledge, acquiescence, or approval of the

act without cooperation or agreement to
cooperate is not enough to make one a conspirator.
- Silence does not make one a conspirator.
- Conspiracy transcends (goes beyond)

companionship.
e.g. People v Padrones. The two accused left
together. One of them left a closing warning to the
victim. He is not instantly a conspirator.)
- PROOF OF CONSPIRACY
a. Need not be proven by direct evidence.
b. While conspiracy may be implied, conspiracy
must be established by positive and conclusive
evidence; proof beyond reasonable doubt
c. Interlocking extrajudicial confessions of several
accused and the testimony of state witness
against his co-accused who did not make a
confession
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d. Two or more extrajudicial confession given Mere presence in the crime scene did not make
separately, untainted by collusion, and which them co-principals of accomplices.
tally with one another in all material respects,
are admissible as evidence of the conspiracy - Conspiracy is implied when the accused had a
e. To establish conspiracy, it is sufficient that the common purpose and were united in its execution
malefactors shall have acted in concert
pursuant to the same objective Unity of purpose and intention in the commission of
the crime is shown in the following:
- Formal agreement or previous acquaintance a. Spontaneous agreement at the moment of the
among the conspirators is not necessary in commission of the crime
conspiracy. b. Active cooperation by all offenders in the
a. People v Mateo. A conspiracy may be inferred perpetration of the crime (there must be
even if no actual meeting among the common motive)
conspirators to concert ways and means is c. Contributing to positive acts to the realization of
proved. a common criminal intent
b. People v Garduque. All the accused were d. Presence during the commission of the crime by
already armed when they met, and that they a band and lending moral support thereto
went together in a jeep to the place where - Conspiracy is presumed when the crime is
they robbed the hose and raped the maids, committed by band
their conspiracy is implied even if some of the  US v Fresnido. If accused, who was
accused claim that their participation was only with the band, fled from the scene of
to show the house of the victim. the crime and did not take part
c. People v Peralta. In order to hold an accused therein at the start of the encounter
guilty as a co-principal, it must be established  He who claims to be a non-
that he performed an overt act in furtherance conspirator must prove that he
of the conspiracy attempted to prevent the crime
d. People v Roco. Where defendant satisfactorily
explained his presence with the group that e. Where one of the accused knew of the plan
committed the robbery, he cannot be and accepted the role assigned to him, and he
considered a conspirator actually performed his role
e. People v Taaca. Mere presence at the scene of
the crime at the time of its commission is not by - There may be conspiracy even if there is no evident
itself sufficient to establish conspiracy premeditation on the part of the accused
- When there is no conspiracy, each of the offenders - Where there is conspiracy, the act of one is the act
is liable only for the act performed by him of all. All will be equally guilty as principals
irrespective of individual participation. A conspirator
- Participation in the criminal resolution is essential. It is liable for the acts of a co-conspirator even though
is not enough that a person participated in the such acts differ radically and substantially from that
assault to make him a co-conspirator; cooperation which they intended to commit
must be knowingly or intentionally given which is not
possible without previous knowledge of the criminal  A conspirator is not liable for another’s crime
purpose which is not an object of the conspiracy or
which is not a necessary and logical
- In the absence of a previous plan to commit the consequence thereof.
crime, the criminal responsibility arising from different
acts directed against one and the same person is a. People v Enriquez. Conspirators only intended
individual and not collective, [No conspiracy if no to beat up the victim and did not plan of
plan at all; no unity of purpose and intention] wounding him using a cutting instrument which
 [unless, conspiracy can be implied from the caused his death. All are guilty to the act of
acts of the perpetrators; it is shown that there is using the knife to wound victim, even if they did
unity of purpose and intention] not initially contemplate of using a knife.
b. People v Espiritu. As conspirators, the four
- EXAMPLES, NO Conspiracy as Shown by the Acts of assailants are each liable for the attack on the
the DEFENDANT/ ACCUSED victim regardless of who actually pulled the
a. People v Quisoay. Accused stabbed victim trigger or wielded the club that killed him.
once and ran away. He was no longer present
when his brother cut-off the head of victim. No c. IN ROBBERY WITH HOMICIDE: Where three
conspiracy. conspirators agree to commit robbery only but
b. People v Lacao Sr. Accused cooperated in the during the execution, one of them killed a
execution of the offense by simultaneous acts resident of the house, others must not be held
which are not indispensable but bore relation to responsible for the homicide which was not
the acts of the principals and supplied materials initially contemplated. There is no band per Art
or moral aid in the execution of the crime, 296
aware of the criminal intent of the principals,
are liable only as accomplices. NB: Article 296. Definition of a band and penalty
c. People v Madera. Appellants were standing incurred by the members thereof. - When more
behind their co-appellant when the latter fired than three armed malefactors take part in the
shots at the victim. No proof of conspiracy. commission of a robbery, it shall be deemed to
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have been committed by a band. When any of participation in the fraud consisted only in the fact
the arms used in the commission of the offense that he asserted ownership in the properties
be an unlicensed firearm, the penalty to be conveyed. This does not justify his conviction as a
imposed upon all the malefactors shall be the participant in the fraud. His resolution to accept the
maximum of the corresponding penalty benefit of the fraudulent conveyances may have
provided by law, without prejudice of the been formed after the act.
criminal liability for illegal possession of such
unlicensed firearms. - There could be no conspiracy to commit an offense
through negligence
 People v De la Cerna. Accused cannot be  In cases of criminal negligence or crimes
held liable for the killing of victim, even if punishable by special law, allowing or failing to
there was conspiracy with co-accused. prevent an act to be performed by another
The conspiracy was to kill another person makes one a co-principal.
and no one else. For other acts done
outside the contemplation of the a. a professional driver of a passenger truck
conspirators or which are not necessary who allowed his conductor to drive the
and logical consequence of the intended truck which bumped a jeepey resulting to
crime, only the actual perpetrator is liable. death is criminally liable as co-principal of
homicide and damage to property
 People v Timbol. Even if the through reckless imprudence
conspiracy was only against AAA and b. a storeowner was held criminally liable
not against BBB and CCC who under the Pure Foods and Drugs Act where
intervened, the conspirators are liable an employee sold adulterated coffee
since there was a general plan to kill although the storeowner did not know
anyone who might put up a violent about the coffee being sold
resistance.
d) [SECOND REQUISITE] That the culprits carried out their plan
- A person in conspiracy with others who had desisted and personally took part in its execution by acts which
before the crime was committed by the others is not directly tended to the same end
criminally liable (People v Timbol)
- ►Principals by direct participation must be at the
- When there is conspiracy, it is not necessary to scene of the crime, personally taking part in its
ascertain the specific act of each conspirator execution
 Exception: Where there was conspiracy to
- When there is conspiracy, the fact that an element kidnap and kill the victim and only one of the
of the offense is not present as regards one of the conspirators kidnapped the victim and after
conspirators is immaterial. turning him over to his co-conspirators for
 Exceptions execution, he left the spot where the victim was
1. In parricide, the element of relationship killed; he has already performed his part
must be present as regards all offenders (People v Santos)
2. In murder where treachery is an element,
all the offenders must at least have - The acts of each offender must directly tend to the
knowledge of the employment of same end.
treachery at the time of the execution of
the act or their cooperation therein - One serving as guard pursuant to the conspiracy us
a principal by direct participation
a. US v Hernandez. In the complex crime of
seduction by means of usurpation of official e) When the SECOND REQUISITE is missing, there is only
position, accused pretended to be a minister CONSPIRACY
and performed a marriage ceremony between - If the crime agreed on is not treason, rebellion or
co-accused and a girl to deceive her more sedition, they are not criminally liable
easily to live in marital relations with the
accused, the performance of official functions - People v Pelagio. Accused participated in the
was present to only one accused but both are conspiracy when he attended the meeting where
guilty for the crime. he explained the location of the house to be robbed
b. People v Padilla. All conspirators are liable for and the points of entrance and exit. Such
the crime of abduction even if only one acted participation would be inadequate to render him
with lewd designs criminally liable as conspirator.
c. In multiple rape, each rapist is equally liable for
the other rapes. Each defendant is liable not
only to the rape committed by him, but also for
the rape committed by others.
- Participation in another’s criminal resolution must

either precede or be coetaneous (at the same time)
with the criminal act.
e.g. Paople v Tan Diong. Baranda did not

participate in the conveyances, and his alleged
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2. PRINCIPAL BY INDUCTION. - A thoughtless expression without intention to

Article 17. Principals. - The following are considered principals: produce the result is not an inducement to
commit a crime
2. Those who directly force or induce others to commit it; - An imprudent advice does not constitute
inducement
a) INDUCEMENT. Comprises price, promise of reward, e.g. one is not guilty of robbery by inducement
command, and pacto when he advises a married woman whose
husband treated her badly that the only thing
b) The principal by inducement becomes liable only when for her to do is to rob him
the principal by direct participation committed the act
induced - The words of advice or the influence must have
actually moved the hands of the principal by
c) TWO WAYS OF BECOMING PRINCIPAL BY INDUCTION direct participation
1. By directly forcing another to commit a crime a. A person who persuaded an
- There is no conspiracy, only the one using inexperienced boy of tender age to steal
force or causing fear is criminally liable certain jewels of his grandmother is guilty of
- Two ways of directly forcing another to commit theft by inducement
a crime b. People v Tamayo. The words of command
a. By using irresistible force of a father to his sons determine
b. By causing uncontrollable fear obedience; the father is principal by
inducement. (when the same words come
2. By directly inducing another to commit a crime from a stranger, obedience is not due)
- Two ways of directly inducing another to c. People v Bautista. Father, exercising
commit a crime dominance and ascendancy, compelled
a. By giving price, or offering reward or his 3y/o son to hurl a stone to another boy
promise causing injury. He is a principal by
- One giving the price or offering inducement.
reward or promise is a principal by
inducement 2. That such inducement be the determining cause of
- One committing the crime in the commission of the crime by material executor
consideration thereof is a principal by
direct participation - Without such inducement, the crime would not
have been committed
b. By using words of command
- Both the person giving the command - ►If the principal by direct participation has
and the person who committed the personal reason to commit the crime so that he
crime are equally liable would commit it even if no inducement was
made by another, the second requisite is not
d) REQUISITES, PRINCIPAL BY INDUCEMENT present.
1. That the inducement be made directly with the
intention of procuring the commission of the crime - The inducement must precede the act induced.
2. That such inducement be the determining cause of e.g. the prize given to the principal by direct
the commission of the crime by material executor participation after the commission of the crime,
without prior promise to give a price or reward,
1. That the inducement be made directly with the could not be an inducement
intention of procuring the commission of the crime
- With respect to command, it must be the
- The inducement may be by acts of command, moving cause of the offense.
advice, or through influence, or agreement for a. REQUISITES
consideration. 1. That the one uttering the words of
command must have the intention of
- There must exist on the part of the inducer the procuring the commission of the crime
most positive resolution and the most persistent 2. That the one who made the
effort to secure the commission of the crime, command must have an ascendancy
together with the prestation to the person or influence over the person who
induced of the very strongest kind of acted
temptation to commit the crime 3. That the words used be so direct, so
efficacious, so powerful as to amount
- EXAMPLES, FIRST REQUISITE to physical or moral coercion
a. People v Otadora. When the accused 4. The words of command must be
blinded by the grudge which she bore uttered prior to the commission of the
against the deceased; furnished the co- crime
accused with guns 5. The material executor of the crime has
b. US v Alcotin. Married woman suggested to no personal reason to commit the
her paramour that he kill her husband in crime
order that they might live together freely - Ascendancy or influence as to amount to moral
thereafter. Paramour did kill the husband. coercion is not necessary when there is
conspiracy.
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e.g. People v Ulip. Proof that advisor had so 3. PRINCIPAL BY INDISPENSABLE COOPERATION.
great sn ascendancy or influence is Article 17. Principals. - The following are considered principals:
unnecessary where accused acted pursuant to
a previous plan or conspiracy to kill and promise 3. Those who cooperate in the commission of the offense
to condone his indebtedness. by another act without which it would not have been
accomplished.
- One who planned the crime committed by
another is a principal by inducement a) COOPERATE. To desire or wish in common a thing, but
that common will or purpose does not necessarily mean
- People v Po Giok To. While it is the treasurer to previous understanding, for it can be explained or
who performed the overt act of writing the false inferred from the circumstances of each case
facts on the residence certificate of the
accused, it was the accused who induced him b) REQUISITES, COOPERATION
to do so by supplying him with those facts. The 1. Participation in the criminal resolution, that is, there
accused is a principal by inducement. Treasurer is either anterior conspiracy or unity of criminal
is innocent. purpose and intention immediately before the
e) PRINCIPAL BY INDUCEMENT v - There must be conspiracy
OFFENDER WHO MADE A PROPOSAL TO COMMIT A - Samson v Court of Appeals. One is a co-
FELONY principal when he, by acts of negligence,
Principal by Inducement Proposal to Commit a cooperates in the commission of estafa through
Felony falsification or malversation, without he
There is inducement to There is inducement to negligent acts the commission of the crime
commit a crime commit a crime could not have been accomplished. One who
Liable only when the Mere proposal to commit cooperated in the commission of the crime was
crime is committed by a treason or rebellion is guilty of the same crime through reckless
the principal by direct punishable imprudence.
participation
*Proponent should not 2. Cooperation in the commission of the offense by
commit the crime, performing another act, without which it would not
otherwise, he is a have been accomplished
principal by direct
- The cooperation must be indispensable; if not
participation
indispensable, the offender is only an
Involves any crime Punishable only in
accomplice
treason and rebellion
- The act of the principal by indispensable
cooperation must be different from the act of
f) EFFECTS OF ACQUITTAL OF PRINCIPALBY DIRECT
the principal by direct participation; “By
PARTICIPATION UPON THE LIABILITY OF THE PRINCIPAL BY
another act”
INDUCEMENT
1. Conspiracy is negative by the acquittal of co-
- If the cooperation of the accused consists of
defendant
performing an act necessary in the execution
2. Conviction of the principal by direct participation is
of the crime committed, he is a principal by
necessary for the conviction of the principal by
direct participations; e.g. holding victims hands
inducement.
while being stabbed
 When principal by direct participation is
acquitted because he acted without criminal
 US v Cueva. Accused held the victim by
intent or malice, his acquittal is not ground for
the right hand while his brother inflicted
the acquittal of the principal by inducement.
fatal wounds. Court rules that he is
principal by indispensable cooperation.
g) The possessor of a recently stolen article is considered a
 People v Mario. Accused held the victim
principal, not merely as an accessory or accomplice
thereby pinning his hands, and co-
 Unless he proves in a satisfactory manner that he is
accused stabbed him. Court ruled that he
but an accessory or an accomplice and that
is principal by indispensable cooperation.
another person, from where the article came, is the
one who stole it
c) EXAMPLES
1. US v Javier. Accused abducted the victim and
delivered her to his co-accused. He left the crime
scene so that his co-conspirator can consummate
the pre-arranged rape.
2. US v Lim. Accused has the duty to indorse checks to
the cashier upon verifying availability of funds on the
account of drawee. Accused, knowing there was
insufficient funds, indorsed the check drawn by co-
accused enabling him to receive the cash.
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ARTICLE 18. Accomplices. - Accomplices are those persons 2. Community of design.

who, not being included in Article 17, cooperate in the - Does not necessarily mean that there is
execution of the offense by previous or simultaneous acts. conspiracy although it may develop into a
conspiracy;
ACCOMPLICES. Those persons who are not being included in - when there is no agreement and decision
Article 17, and cooperates in the execution of the offense by but knowing the criminal design of others,
previous or simultaneous acts and offender merely concurs in their
criminal purpose
QUASI-COLLECTIVE CRIMINAL RESPONSIBILITY.
- Between collective criminal responsibility and individual h) REQUISITES, ACCOMPLICE
criminal responsibility 1. That there be community of design; that is knowing
- Some of the offenders in the crime are principals and the the criminal design of the principal by direct
others are accomplices. participation, he concurs with the latter in his
purpose
a) The participation of an accomplice assumes the 2. That he cooperates in the execution of the offense
commission of the crime by the principal by direct by previous or simultaneous acts, with the intention
participation of supplying material or moral aid in the execution
of the crime in an efficacious way
b) The participation or cooperation of the accomplice is no 3. That there be relation between the acts done by the
any one of those mention in Article 17. When there is no principal and those attributed to the person charged
conspiracy between or among defendants but they as accomplice
were animated by one and the same purpose to
accomplish the criminal objective, those who 1. That there be community of design; that is knowing
cooperated by previous or simultaneous acts but cannot the criminal design of the principal by direct
be held as principals participation, he concurs with the latter in his
purpose
c) ►When there is doubt as to whether the offender is a - Before there could be an accomplice, there
principal or accomplice, accused should be held liable must be a principal by direct participation; the
only as accomplice. principal originates the criminal design to which
the accomplice mere concurs
d) When the participation of the accused is not disclosed,
he is only an accomplice - Cooperation must be knowingly or intentionally
given and is not possible without previous
e) An accomplice does not have previous agreement or knowledge of the criminal purpose
understanding or in conspiracy with the principal by a. US v Bello. Where sentry allowed convicts
direct participation accompanied by the Corporal to go out
of jail, and they committed robbery, the
f) ACCOMPLICE v CONSPIRATOR sentry is not liable as an accomplice since
Accomplice Conspirator he had no knowledge of their criminal
They know and agree They know and agree intention
with the criminal design with the criminal design b. People v Lingad. Where the driver knew
They come to know They know the criminal that his co-accused are going to make a
about the criminal intention, they hold-up, drove them to the crime scene
intention after the themselves decided and waited for them after the crime, driver
principal have reached such course of action
is an accomplice
the decision; only then
do they cooperate
- HOW AN ACCOMPLICE ACQUIRES KNOWLEDGE
They merely Decide that a crime
concur/assent to the should be committed OF THE CRIMINAL DESIGN OF THE PRINCIPAL
plan and cooperate in its 1. When the principal informs or tells the
accomplishment accomplice of his criminal purpose
Instruments who merely Authors of the crime 2. When the accomplice saw the criminal
perform acts not acts of the principal
essential to the
perpetration of the - If only one of the offenders originated the
offense criminal design and the other accused merely
concurred with him in his criminal purpose, the
g) A co-conspirator may be held liable as an accomplice other accused are accomplices.
only when participation was not absolutely indispensable  When the other accused agreed and
to the crime (People v Nierra) decided to commit the crime before the
actual commission
- Ruling failed to distinguish “community of design”
and “participation in the criminal resolution” of two - One who has no knowledge of the criminal
or more offenders design of the principal is not an accomplice.
a. People v Ibañez. After an argument broke-
1. Participation in the criminal resolution. up, victim ran towards his house but was
- Implies conspiracy; pursued by the two co-accused. AAA held
- Where one entered with others into an victim by the neck. Suddenly, BBB stabbed
agreement concerning the commission of the victim. AAA was surprised and
a felony and the decision to commit it exclaimed “What did you do?” Held: AAA
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is not an accomplice. He did not have b. People v Resayaga. Accussed blocked

intention to kill, and did not know about people coming to the aid of the victim. He
BBB’s intention to kill. is liable as accomplice.
b. US v Flores. Employee of Bureau of printing c. People v Parcon. One who acted as a
stole black certificates used in the look-out and assisted in taking the stolen
registration of large cattle and sold them articles, absent conspiracy, is liable as
to AAA who used them to sell stolen horses. accomplice.
Employee took no part in the stealing or d. People v Vicente. Accused inflicted the
selling of horses. Held: Employee is guilty of wound after the victim had fallen to the
theft of the bank certificates; but not an ground seriously wounded, if not already
accomplice to the theft of horses dead. He is liable as accomplice.
- COMMUNITY OF DESIGN community of design - Wounds inflicted by accomplice msut not be

need not be to commit the crime actually the cause of death. If the accused inflicts the
committed; it is sufficient that there was a mortal wound, he becomes the principal not an
common purpose to commit a particular crime accomplice
and that the crime actually committed was a
natural or probable consequence of the - RULES, People v Azcona & People v Antonio
intended crime 1. The one who had the original criminal
a. People v Largo. Wife’s paramour caused design is the person who committed the
accused to load a time bomb in the plane resulting crime
which carried Husband. Bomb exploded 2. The accomplice, after concurring in the
and killed all passengers. Held: Accused criminal purpose of the principal,
are accomplices; while they cooperated cooperates by previous or simultaneous
in the execution of the crime, it was not acts
proven that they knew the intention to
destroy the plane and passengers NB: simultaneous means accomplice takes
b. US v De Jesus. Three men entered the part of the crime while it is being
house to abduct the victim’s daughter. committed or immediately thereafter
Two men remained in the street ready to
overcome an opposition which they might 3. The accomplice in crimes against person
meet. The third man entered and killed the does not inflict the more or most serious
victim without knowledge of the other two. [fatal] wounds
Held: The other two are accomplices for
the homicide. They consented to the e.g. A punched B. C saw what happened
commission of forcible abduction; and then he stabbed B. Liability is
homicide is a possibility in carrying out the individual. C had the original criminal
forcible abduction. design. A could not have concurred to it.
c. People v De la Cerna. The owner of the gun
knew that it would be used to kill a If C stabbed B, and immediately
particular person. The principal used it to kill thereafter, A punched B. Here, A is an
another person. Held: The owner of the gun accomplice.
is not an accomplice as to the killing of the
other person. - Being present in the crime scene and giving
moral support when the crime is being
committed will make the person responsible
2. That he cooperates in the execution of the offense only as accomplice
by previous or simultaneous acts, with the intention  Mere presence without providing moral or
of supplying material or moral aid in the execution material support does not make one an
of the crime in an efficacious way accomplice
- Unlike in a principal by cooperation, the
accomplice cooperates with the principal by - The advice, encouragement or agreement
direct participation but the cooperation is only (moral support) should not be the determining
necessary, not indispensable cause of the commission of the crime;
 If there is conspiracy, the nature of otherwise, one who gave the advice is a
participation is immaterial and offender is principal by inducement
principal by conspiracy
- Cooperation of the accomplice is NOT due to 3. That there be relation between the acts done by the
conspiracy principal and those attributed to the person charged
as accomplice
- EXAMPLES, Acts that are not indispensable - It is not enough that a person entertains an
a. People v Villegas. Accused threw stones at identical criminal design as that of the principal;
the deceased, but the throwing was done there must be a relation between the criminal
after the actual slayer has hit the victim act of the principal and the accomplice
with a pipe. Attack was not preconceived
as shown by the choice of stones as e.g. People v De la Cruz. Girl was attacked by
weapons. Held: Accused are liable as Suitor. When parents were about to punish
accomplices. Suitor, Girl stabbed him with a penknife.
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Meanwhile, Girl’s Brother was under the house

with a pistol waiting for Suitor to come down in
order to kill him. Held: Brother is not an
accomplice. Girl and Brother’s actions are not
connected.
- An accomplice may be liable for a crime

different from that which the principal
committed
a. People v Babiera. Where accused did not
know the manner of co-accused in
attacking victim, and co-accused was
guilty of murder qualified by treachery, the
accused is guilty only as accomplice to the
crime of homicide.
b. People v Valdellon. Guard asked XXX to
help him remove sacks of rice from the
warehouse he was guarding. Guarding is
liable for qualified theft (qualified by abuse
of confidence). XXX is guilty of simple thedt
only.
c. People v Doble. Accused only joined to
commit robbery by providing the banca.
During the crime, he remained in the
banca. Co-accused killed victim. Accused
is liable as accomplice to robbery.
i) ACCOMPLICE v PRINCIPAL (IN GENERAL)

Accomplice Principal
One who does not take a Those who take a direct
direct part in the part in the execution of
commission of the act the act;
Who does not forece or Those who directly force

induce others to commit or induce others to
it, or commit it;
Who does not cooperate Those who cooperate in

in the commission of the the commission of the
crime by another act offense by another act
without which it would without which it would
not have been not have been
accomplished accomplished.
Yet cooperates in the

execution of the act by
prvious or simultaneous
actions
j) ACCOMPLICE v PRINICPAL BY COOPERATION

Accomplice Principal By Cooperation
Cooperation is necessary Cooperation must be
but not indispensable indispensable
k) ACCOMPLICE v PRINCIPAL BY DIRECT PARTICIPATION

Accomplice Principal By Direct
Participation
There is community of There is community of
criminal design criminal design
Between principal and Between or among
accomplice, there must principals liable for the
be no conspiracy same offense, there must
be conspiracy
No clear-cut distinction Not favored in case of
as to acts performed; in doubt
case of doubt, resolve in
favor of accused of
being an accomplice
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Article 19. Accessories. - Accessories are those who, having - Knowledge of the commission of crime may be
knowledge of the commission of the crime, and without having established by circumstantial evidence.
participated therein, either as principals or accomplices, take
part subsequent to its commission in any of the following b) The crime committed by the principal must be proved
manners: beyond reasonable doubt.
1. By profiting themselves or assisting the offender to

c) In order to be an accessory, accused must not have
profit by the effects of the crime.
participated either as principals or accomplices.
2. By concealing or destroying the body of the crime, or
the effects or instruments thereof, in order to prevent its d) The accessory takes part after the crime has been
discovery. committed.
3. By harboring, concealing, or assisting in the escape of

the principals of the crime, provided the accessory ACCESSORY v ACCOMPLICE
acts with abuse of his public functions or whenever the Accessory Accomplice
author of the crime is guilty of treason, parricide, Does not take direct part or Take direct part or cooperate
murder, or an attempt to take the life of the Chief cooperate in, or induce, the in, or induce, the commission
Executive, or is known to be habitually guilty of some commission of the crime of the crime
other crime. Does not cooperate in the Cooperates in the commission
commission of the offense by of the offense by acts either
ACCESSORIES. Those who, having knowledge of the commission of acts either prior thereto or prior thereto or simultaneous
the crime, and without having participated therein, either as simultaneous therewith therewith
principals or accomplices, take part subsequent to its commission The participation in all cases Participation takes place
in any of the following manners: takes place after the before or during the
commission of the crime commission
1. By profiting from the effects of the crime
2. By concealing the body, effects or instruments of the
crime in order to prevent its discovery
3. By assisting in the escape or concealment of the
principal of the crime, provided
a. he acts with abuse of his public functions or
b. the principal is guilty of treason, parricide, murder, or
c. an attempt to take the life of the Chief Executive, or
d. is known to be habitually guilty of some other crime
a) An accessory must have knowledge of the commission

of the crime, and having that knowledge, he took part
subsequent to its commission
e.g. If A buys a stolen property not knowing that it was

stolen, then he is not liable.
- Unexplained possession of stolen articles is sufficient

evidence to convict one of theft. If there has been
no one convicted as the thief, the possessor should
be prosected as principal.
 Does not apply when thief was already
convicted; Mere possession of stolen property
does not make the accused an accessory
(when the theif was already convicted)
- Entertaining suspicions that a crime has been

committed is not enough; “knowledge” and
“suspicion” are not synonymous
- Knowledge of the commission of crime may be

acquired subsequent to the acquisition of stolen
property
e.g. Accused acquire stolen carabaos. The owners
informed him that those carabaos were stolen. He
agreed to return the animals for half the payment he
made for them When the owners returned, Accused
already returned the carabaos to the person from
whom he had bought them. Held: Accused is guilty
as accessory. After learning that the carabaos were
stolen, he concealed or disposed of the them,
depriving the owners thereof
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SPECIFIC ACTS OF ACCESSORIES. 2. By concealing or destroying the body of the crime to

1. By profiting themselves or assisting the offender to profit prevent its discovery
by the effects of the crime - Any crime provided it is not a light felony
- Any crime provided it is not a light felony - BODY OF THE CRIME is the same as CORPUS DELICTI.
a. By profiting themselves by the effects of the crime - EXAMPLES, Concealing the Body of the Crime
- People v Tanchoco. A person who received a. Assist in the burial of the victim to prevent
any property from another, and used it, discovery of the crime; e.g. act of carrying the
knowing that the same had been stolen, is guilty cadaver
as an accessory to theft b. Placing a weapon in the victim’s hand to make
- US v Empainado. In murder, one who shared in it appear that it was necessary to kill him
the reward given for the commission of the
crime profited by the effects of the crime - There must be an attempt to hide the body of the
 People v Yatco. A reward for locating the crime.
stolen object given by the owner is not e.g. Accused did not take part in the killing. He was
fruits or effects of the crime. Not an just ordered to board the jeepney, not knowing the
accessory. reason of the ride. Accused helped in removing the
two dead bodies from the jeepney and throwing the
- Accessory must receive the property from the into the ditch but there was not attempt to bury or
principal and should not take it without the hid said bodies. Held: Accused must be acquitted.
principal’s consent; otherwise, he is a principal
himself - Must be done for the purpose of concealing or
destroying the effects or instruments of the crime to
- When a person knowingly acquired or received prevent its discovery
property taken by the brigands (Art 307, RPC), a. Receiving a stolen personal property knowing
he is liable as a principal and not an accessory that it has been stolen and concealed it
Article 307. Aiding and abetting a b. Receiving a pistol or knife knowing that it had
band of brigands. - Any person knowingly and been used in the crime and concealed it
in any manner aiding, abetting or protecting a c. Destroyed the ladder which he knew had been
band of brigands …, or acquiring or receiving used by another in committing a crime
the property taken by such brigands shall be
punished by prision correccional in its medium - Concealment is done to prevent the discovery of
period to prision mayor in its minimum period. the crime not the principal; if the principal was
It shall be presumed that the person concealed, accused is an accomplice (Art 19, Par
performing any of the acts provided in this 3)
article has performed them knowingly, unless
the contrary is proven.
b. Assisting the offender to profit by the effects of the

crime
- US v Galanco. A person who sells the stolen
goods on behalf of the thief, knowing that those
were stolen, is guilty as accessory to theft.
- People v Magsino. Those who acted as runners
and couriers in kidnapping for ransom assisted
the offenders to profit from the effects of the
crime.
- Accessory should not be in conspiracy with the

principal; otherwise, he is a principal
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3. By harboring, concealing or assisting in the escape of the PF 1612: ANTI-FENCING LAW

principal of the crime - Accessory in robbery and theft is a principal in fencing.
1. Public Officers who harbor, conceal or assist in the Heavy penalties are imposed against accessories in
escape of the principal of any crime (not light robbery in theft.
felony) with abuse of his public functions
- FENCING. The acct of any person who, with intent to gain
- REQUISITES for himself or for another, shall buy, receive, possess,
a. The accessory is a public officer keep, acquire, conceal, sell or dispose of, or shall buy
b. He harbors, conceals, or assists in the and sell, or in any other manner deal in any article, item,
escape of the principal object or anything of value which he knows, or should be
c. The public officer acts with abuse of his known to him, to have been derived from the proceeds
public functions of the crime of robbery or theft
d. The crime committed by the principal is
any crime, provided it is not a light felony - FENCE. Includes any person, firm, association,
corporation or partnership or other organization
2. Private persons who harbor, conceal or assist in the who/which commits the act of fencing
escape of the author of the crime – guilty of treason,
parricide, murder, or an attempt against the life of - If the fence is a partnership, firm, corporation or
the President, or who is known to be habitually guilty association, the president or the manager or any officer
of some other crime thereof who knows or should have known the commission
of the offense shall be liable.
- REQUISITES
a. That the accessory is a private person - Mere possession of any goods, article, item, object or
b. That he harbors, conceals or assists in anything of value which has been the subject of robbery
the escape of the author of the crime or thievery shall be prima facie evidence of fencing.
c. That the crime committed by the
principal is either:
1) Treason
2) Parricide
3) Murder
4) An attempt against the life of the
President
5) Principal is known to be habitually
guilty of some other crime
(Accessory must have
knowledge of the principal being
habitually guilty of some other
crime)
a) A mayor who refused to prosecute offender is an

accessory. (US v Yacat)
b) One who kept silent with regard to the crime he
witnessed is not an accessory. (US v Caballeros)
c) When a person volunteered false information to
deceive the prosecution in order to prevent the
detection of the guilty parties, he is an accessory.
(US v Romulo)
d) The responsibility of the accessory is subordinate to

that of the principal. When alleged principal is not
guilty, the alleged accessory is also not guilty.
 An accessory may be convicted despite
acquittal of the principal because of an
exempting circumstance and the crime was in
fact committed (e.g. insanity, minority)
e) Apprehension and conviction of the principal is not

necessary for the accessory to be held criminally
liable; determination of the guilt of the accessory or
accomplice can proceed independently of that of
the principal
f) The arraignment, trial and conviction of accessory
during the pendency of a separate case against the
principal are null and void
 When the principal is not yet apprehended, the
accessory may be prosecuted and convicted
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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.
►The accessory is exempt from criminal liability when the

principals is his
a. Spouse, or
b. Ascendant, or
c. Descendant, or
d. Legitimate natural or adopted brother, sister or relative by
affinity within the same degree
 Accessory is not exempt from criminal liability even if the

principal is related to him if such accessory
a. Profited by the effects of the crime, or
b. Assisted the offender to profit by the by the effects of
the crime
- Does not include nephew or niece
- Relationship by affinity between surviving spouses and

blood relatives of the deceased spouse survives even
after the death of the deceased spouse
- EXAMPLES, Accessories Exempt from Liability

a. Son who helps his father bury the body of the person
he has murdered in order to prevent discovery
b. A grandson, having knowledge of the robbery by his
grandfather, conceals or destroys the body of the
crime or the effects or instruments thereof
c. A person who harbors, conceals or assists in the
escape of his brother who committed treason
- The purpose of concealing the effects of the crime must

be to prevent discovery, and not to obtain gain e.g.
a. A husband conceals the property stolen by wife in
order to profit from it later. He is guilty as accessory
since he is prompted by greed and not to prevent
discovery of the crime.
b. An adopted brother harbored and concealed his
brother who killed his wife. Adopted brother
received some money from his brother. Adopted
brother is an accessory is not liable because he did
not profit from the effects of the crime. The money
was not the effect of the crime.
- A public officer who, with evident abuse of his office,

furnished the means of escape to his brother who had
committed murder does not incur criminal liability.
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TITLE THREE ARTICLE 21. Penalties that may be imposed. - No felony shall be
PENALTIES punishable by any penalty not prescribed by law prior to its
commission.
CHAPTER ONE
PENALTIES IN GENERAL ►Government is prohibited from punishing any person for any
felony with any penalty which has not been prescribed by law.
PENALTY is the suffering that if inflicted by the State for the
transgression of a law - Provision may be invoked when a person is being tried for
an act or omission for which no penalty has been
JURIDICAL CONDITIONS OF PENALTY prescribed by law.
(According to the classical school)
1. PRODUCTIVE OF SUFFERING. without however affecting - An act or omission cannot be punished by the State if at
the integrity of the human personality the time it was committed there was no law prohibiting
2. COMMENSURATE with the offense; different crimes must it, because a law cannot be rationally obeyed unless it is
be punished with different penalties first shown, and a man cannot be expected to obey an
3. PERSONAL. no one should be punished for the crime of order that has not been given.
another
4. LEGAL. It is the consequence of a judgment according to - Subsidiary penalty for a crime cannot be imposed, if it
law was not prescribed by law prior to its commission. (US v
5. CERTAIN. No one may escape its effects. Macasaet)
6. EQUAL FOR ALL
7. CORRECTIONAL
ARTICLE 22. Retroactive Effect of Penal Laws. — Penal laws shall
THEORIES JUSTIFYING PENALTY have a retroactive effect in so far as they favor the person guilty
1. PREVENTION. The State must punish the criminal to of a felony, who is not a habitual criminal, as this term is defined
prevent or suppress the danger to the State arising from in rule 5 of article 62 of this Code, although at the time of the
the criminal acts of the offender publication of such laws a final sentence has been pronounced
2. SELF-DEFENSE. The State has the right to punish the and the convict is serving the same.
criminal as a measure of self-defense so as to protect
society from the threat and wrong inflicted by the ►Article 22 does NOT apply to the provisions of the Revised Penal
criminal Code. (correlate with Article 10)
3. REFORMATION. The object of punishment in criminal
cases is to correct and reform the offender Article 22 applies to:
4. EXEMPLARITY. The criminal is punished to serve as an a. Penal laws existing prior to the RPC in which the penalty
example to deter others from committing crimes was less severe;
5. JUSTICE. The crime must be punished by the Sate as an b. Laws enacted subsequent to the RPC in which the
act of retributive justice, a vindication of absolute right penalty is more favorable to the accused
and moral law violated by the criminal
►Criminal law may not be given retroactive effect.
PURPOSE OF PENALTY UNDER THE RPC  Criminal law may be given retroactive effect when
1. RETRIBUTION or EXPIATION. The penalty is commensurate favorable to the accused.
with the gravity of the offense - Both old and new law must refer to the same deed
2. CORRECTION or REFORMATION. As shown by the rules or omission
which regulate the execution of the penalties consisting - Retroactive effect may be made even if the
in deprivation of liberty accused is already serving sentence
3. SOCIAL DEFENSE. Shown by its inflexible severity to
recidivists and habitual delinquents  Exception for retroactive application
1. When the new law expressly provides otherwise
CONSTITUTIONAL RESTRICTIONS ON PENALTIES (mandates with prospective application)
a. Excessive fines shall not be imposed, no cruel and 2. When the accused is a habitual delinquent
unusual punishment inflicted
b. CRUEL AND UNUSUAL when it is so disproportionate to the HABITUAL DELINQUENT. A person who within a
offense committed as to shock the moral sense of all period of ten years from the date of his release
reasonable met as to what is right and proper under the or last conviction of the crimes of serious or less
circumstances; inhuman and barbarous, or shocking to serious physical injuries, robbery, theft, estafa or
the conscience falsification, he is found guilty of any said crimes
c. Fines and imprisonment does not constitute in themselves a third time or oftener
cruel and unusual punishment. (People v Dionisio)
3. Does not apply to civil liability; but a new law
increasing civil liability cannot be given
retroactive effect
4. Criminal liability under former law subsists when

a. When the provisions of the former law are
reenacted
b. When the repeal is by implication
c. When there is a saving clause
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 Criminal liability is obliterated when b) Compromise does not extinguish criminal liability. There
the repeal is absolute may be compromised upon the civil liability arising from
an offense, but it shall not extinguish the public action for
5. As regards jurisdiction of courts. the imposition of legal penalty/
- Jurisdiction of a court is to be determined
by the law in force at the time of instituting c) A contract renouncing the right to prosecute or waiving
the action and not at the time of the criminal liability is void.
- Jurisdiction is determined by the d) Civil liability with regard to the interest of the injured party
allegations of the complaint or information is extinguished by his express waiver.
and not by the findings the of the court
after trial e) TWO CLASSES OF INJURIES
a. Social Injury produced by the disturbance and
- Giving a law retroactive effect, if unfavorable to alarm which are the outcome of the offense;
accused, will violate the constitutional inhibition against sought to be repaired through the imposition of the
ex post facto laws. corresponding penalty; the State is interested and
the offended party cannot pardon the offender so
- EX POST FACTO LAW is one which as to relieve the penalty
a. Makes criminal an act done before the passage of
the law and which was innocent when done, and b. Personal Injury caused to the victims of the crime
punishes such act who suffered damage either to his person, to his
b. Aggravates a crime or makes it greater than it was property, to his honor or to her chastity; repaired
when committed through indemnity which the offended party may
c. Changes the punishment and inflicts a greater expressly waive
punishment than the law annexed to the crime
when committed
d. Alters the legal rules of evidence and authorizes ARTICLE 24. Measures of Prevention or Safety Which are Not
conviction upon less or different testimony than the Considered Penalties. — The following shall not be considered
law required at the time of the commission of an as penalties:
offense
e. Assuming to regulate civil rights and remedies only, 1. The arrest and temporary detention of accused
in effect imposes penalty or deprivation of a right persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
for something which when done was lawful, and
confinement in a hospital.
f. Deprives a person accused of a crime of some
lawful protection to which he has become entitled
2. The commitment of a minor to any of the institutions
such as the protection of a former conviction or mentioned in article 80 and for the purposes
acquittal, or a proclamation of amnesty specified therein.
3. Suspension from the employment or public office

ARTICLE 23. Effect of Pardon by the Offended Party. — A pardon during the trial or in order to institute proceedings.
by the offended party does not extinguish criminal action
except as provided in article 344 of this Code; but civil liability 4. Fines and other corrective measures which, in the
with regard to the interest of the injured party is extinguished by exercise of their administrative or disciplinary powers,
his express waiver. superior officials may impose upon their
subordinates.
►A pardon by the offended party does not extinguish criminal
action. 5. Deprivation of rights and the reparations which the
 Except as provided in Article 344; pardon must be made civil laws may establish in penal form.
before the institution of criminal prosecution
a. The offended party in the crimes of adultery and a. “As well as their detention by reason of insanity or
concubinage cannot institute criminal prosecution if imbecility” refers to accused persons who are detained
he shall have consented or pardoned the both by reason of insanity or imbecility
offenders.
- Pardon may be implied; e.g. continued b. There are not considered penalties because they are
inaction of the offended party after learning not imposed as a result of judicial proceedings
the offense 1. Paragraphs 1, 3 and 4 are merely preventive
measures before conviction
b. In the crimes of seduction, abduction, rape or acts 2. Commitment of a minor in par 2 is not imposed
of lasciviousness, there shall be no criminal by the court; imposition of the sentence in
prosecution if the offender has been expressly such case is suspended
pardoned by the offended party or her parents or 3. Fines mentioned in par 4 are not imposed by
guardian. the court
4. Example for par 5, parents who are deprived
a) Even if the injured party already pardoned by the of parental authority if found guilty of the
offender, the fiscal can still prosecute the offender. crime of corruption of their minor children
Pardon is not a ground for the dismissal of the complaint
or information.
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CHAPTER TWO CLASSIFICATION OF PENALTIES

CLASSIFICATION OF PENALTIES 1. PRINCIPAL PENALTIES. Those expressly imposed by the
court in the judgment of conviction
ARTICLE 25. Penalties Which May Be Imposed. — The penalties a. Indivisible Penalties. Those which have no fixed
which may be imposed, according to this Code, and their durations
different classes, are those included in the following: 1) Death
2) Reclusion perpetua
SCALE 3) Perpetual absolute or special disqualification
PRINCIPAL PENALTIES 4) Public Censure
b. Divisible Penalties. Those that have fixed duration
Capital punishment:
and are divisible into three periods
Death.
Afflictive penalties: 2. ACCESSORY PENALTIES. Those that are deemed included

Reclusión perpetua, in the imposition of the principal penalties
Reclusión temporal,
Perpetual or temporary absolute disqualification, - Penalties that may be considered principal or
Perpetual or temporary special disqualification, accessory penalties
Prisión mayor. a. Perpetual or temporary absolute
disqualification,
Correctional penalties: b. Perpetual or temporary special disqualification
Prisión correccional, c. Suspension
Arresto mayor,
Suspensión,
ACCORDING TO SUBJECT MATTER
Destierro.
1. Corporal. Death
Light penalties: 2. Deprivation of Freedom. Reclusion, prision, arresto
Arresto menor, 3. Restriction of Freedom. Destierro
Public censure. 4. Deprivation of Rights. Disqualification and Suspension
5. Pecuniary. Fine
Penalties common to the three preceding classes:
Fine, and ACCORDING TO THEIR GRAVITY
Bond to keep the peace. 1. Capital
2. Afflictive
ACCESSORY PENALTIES 3. Correctional
4. Light
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
►Censure, being a penalty, is not proper in acquittal. A finding of
Suspension from public office, the right to vote and be voted
for, the profession or calling. guilty must be precede the punishment.
Civil interdiction,  A court acquitting the accused may criticize his acts or
Indemnification, conduct.
Forfeiture or confiscation of instruments and proceeds of the
offense, ARTICLE 26. Fine — When Afflictive, Correctional or Light Penalty.
Payment of costs. — A fine, whether imposed as a single or as an alternative
penalty, shall be considered an afflictive penalty, if it exceeds
►The penalties which may be imposed, according to RPC, are 6,000 pesos; a correctional penalty, if it does not exceed 6,000
those included in Article 25 only. pesos but is not less than 200 pesos; and a light penalty, if it be
less than 200 pesos.
a. Reclusion perpetua is not life imprisonment (cadena
perpetua). a) Fine as alternative penalty; e.g. Article 144 punishes
b. The RPC does not prescribe the penalty of life disturbances of proceedings with the penalty of arresto
imprisonment for any of the felonies therein defined. Life mayor or a fine ranging from P200.00 to P1,000.00
imprisonment is imposed by special laws.
b) Fine as a single penalty; a fine of P200.00 to P6,000.00
►RA 9346 prohibited the imposition of death penalty. (24 June
2006) c) Penalties cannot be imposed in the alternative. It is the
duty of the court to indicate the penalty imposed
a. Imposed reclusion perpetua in lieu of death when the definitely and positively.
law violated makes use of the nomenclature of the
penalties of the RPC d) Article 26 merely classifies fine and does not define light
felony. Article 9 par 3 prevails.
RECLUSION PERPETUA v LIFE IMPRISONMENT
Reclusion Perpetua Life Imprisonment ►Fine is
Imposed by RPC Not imposed by RPC but by 1. Afflictive. Over P6,000.00
special laws 2. Correctional. P200.00 to P6,000.00
Entails imprisonment for at Does not appear to have any 3. Light Penalty. Less than P200.00
least 30 years after which the definite extent or duration
convict becomes eligible for ►Bond to keep the peace is by analogy
pardon
1. Afflictive. Over P6,000.00
Carries accessory penalties Does not carry accessory
2. Correctional. P200.00 to P6,000.00
penalties
3. Light Penalty. Less than P200.00
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CHAPTER THREE ARTICLE 28. Computation of Penalties. — If the offender shall be

DURATION AND EFFECT OF PENALTIES in prison the term of the duration of the temporary penalties shall
be computed from the day on which the judgment of
SECTION ONE. conviction shall have become final.
DURATION OF PENALTIES
If the offender be not in prison, the term of the duration of the
penalty consisting of deprivation of liberty shall be computed
ARTICLE 27. Reclusion perpetua. - The penalty of reclusion
perpetua shall be from twenty years and one day to forty years. from the day that the offender is placed at the disposal of the
judicial authorities for the enforcement of the penalty. The
Reclusion temporal. - The penalty of reclusion temporal shall be duration of the other penalties shall be computed only from the
from twelve years and one day to twenty years. day on which the defendant commences to serve his sentence.
Prision mayor and temporary disqualification. - The duration of RULES FOR THE COMPUTATION OF PENALTIES. The Director of Prisons
the penalties of prision mayor and temporary disqualification or the warden should compute the penalties imposed upon the
shall be from six years and one day to twelve years, except convicts, observing the following rules:
when the penalty of disqualification is imposed as an accessory
penalty, in which case, it shall be that of the principal penalty. 1. When the offender is in prison, the duration of temporary
penalties is from the day on which the judgment of
Prision correccional, suspension, and destierro. - The duration of
conviction becomes final
the penalties of prision correccional, suspension, and destierro
shall be from six months and one day to six years, except when 2. When the offender is not in prison, the duration of penalty
the suspension is imposed as an accessory penalty, in which consisting in deprivation of liberty is from the day that the
case, its duration shall be that of the principal penalty. offender is placed at the disposal of judicial authorities
for the enforcement of the penalty
Arresto mayor. - The duration of the penalty of arresto mayor 3. The duration of other penalties is from the day on which
shall be from one month and one day to six months. the offender commences to serve his sentence
Arresto menor. - The duration of the penalty of arresto menor ►The service of sentence of one in prison begins only on the day
shall be from one day to thirty days. the judgment of conviction becomes final.
Bond to keep the peace. - The bond to keep the peace shall
NB. Arrest and temporary detention of the accused is not
be required to cover such period of time as the court may
considered a penalty under Art 24.
determine.
(As amended by RA 7659, Section 21)
EXAMPLE OF TEMPORARY PENALTIES
DURATION OF EACH OF THE PENALTIES 1. Temporary absolute disqualification
Penalty Duration 2. Temporary special disqualification
1. Reclusion perpetua 20 yrs, 1 day --- 40 yrs 3. Suspension
2. Recclusion temporal 12 yrs, 1 day --- 20 yrs
3. Prision mayor & 6 yrs, 1 day --- 12 yrs RULES IN CASES OF TEMPORARY PENALTIES
temporary disqualification* 1. If an offender is under detention, e.g. undergoing
4. Prision correctional, 6 mos, 1 day --- 6 yrs preventive imprisonment, the duration of temporary
Suspension* & destierro penalties is from the day on which the judgment of
5. Arresto mayor 1 mo, 1 day --- 6 mos conviction becomes final
6. Arresto menor 1 day --- 30 days
7. Bond to keep the peace the period deuring which 2. If the offender is not under detention, the duration is
the bond shall be effective is from the day on which the offender commences to
discretionary on the court serve his sentence
*except when disqualification/suspension is accessory penalty in
which case its duration is that of the principal
EXAMPLES OF PENALTIES CONSISTING IN DEPRIVATION OF LIBERTY
CASES WHEN DESTIERRO IS IMPOSED 1. Imprisonment
1. Serious physical injuries or death under exceptional 2. Destierro
circumstances(Art 247)
2. In case of failure to give bond for good behavior RULES IN CASE OF PENALTIES CONSISTING IN DEPRIVATION OF
3. As a penalty for the concubine in concubinage LIBERTY
4. In cases where after reducing the penalty by one or more 1. When offender is not in prison, the duration of penalty
degrees destierro is the proper penalty consisting in deprivation of liberty is from the day that the
offender is placed at the disposal of judicial authorities
N.B. Bond to keep the peace is not specifically provided as a for the enforcement of the penalty
penalty for any felony and therefore, it cannot be imposed by the
court 2. When the offender is undergoing preventive
imprisonment, the duration is from the day on which the
Bond for good behavior (Art 284) which is required of a person offender commences to serve his sentence
making a grave or light threat is not required to be given in cases  But the offender is entitled to a deduction of full time
involving other crimes. or four-fifths of the time of his detention
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ARTICLE 29. Period of preventive imprisonment deducted from disciplinary rules imposed upon convicted
term of imprisonment. – Offenders or accused who have prisoners
undergone preventive imprisonment shall be credited in the
service of their sentence consisting of deprivation of liberty, with c) Credit for the preventive imprisonment for the penalty of
the full time during which they have undergone preventive reclusion perpetua shall be deducted from 30 years.
imprisonment if the detention prisoner agrees voluntarily in
writing after being informed of the effects thereof and with the
d) The credit is given in service of sentences consisting of
assistance of counsel to abide by the same disciplinary rules
deprivation of liberty. If the offense is punishable by
imposed upon convicted prisoners, except in the following
imprisonment OR a fine, and the court only imposed fine,
cases:
there is no credit to be given.
1. When they are recidivists, or have been convicted
previously twice or more times of any crime; and e) If the prisoner is convicted, he would enjoy good
conduct time allowance for the actual period of
2. When upon being summoned for the execution of detention.
their sentence they have failed to surrender 1. The computation of maximum possible
voluntarily. imprisonment for purposes of immediate
release should be the actual period of
If the detention prisoner does not agree to abide by the same detention plus good conduct time allowance.
disciplinary rules imposed upon convicted prisoners, he shall do 2. If good conduct time allowance is granted to
so in writing with the assistance of a counsel and shall be
convicted prisoners, this benefit should also be
credited in the service of his sentence with four-fifths of the time
extended to detention prisoner.
during which he has undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion f) Although destierro does not constitute imprisonment, it is
perpetua shall be deducted from thirty (30) years. a deprivation of liberty. Time of preventive imprisonment
should be credited with the penalty of destierro.
Whenever an accused has undergone preventive
imprisonment for a period equal to the possible maximum g) (After Trial) A convict will be released immediately if the
imprisonment of the offense charged to which he may be penalty imposed after trial is less than the full time or four-
sentenced and his case is not yet terminated, he shall be fifths of the time of the preventive imprisonment.
released immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the same is h) (Pending Trial) Accused shall be released immediately
under review. Computation of preventive imprisonment for whenever he has undergone preventive imprisonment
purposes of immediate release under this paragraph shall be
for a period equal to the possible maximum
the actual period of detention with good conduct time
imprisonment for the offense charged.
allowance: Provided, however, That if the accused is absent
without justifiable cause at any stage of the trial, the court may
motu proprio order the rearrest of the accused: Provided, finally, i) OFFENDERS NOT ENTITLED TO FULL TIME OR FOUR-FIFTHS OF
That recidivists, habitual delinquents, escapees and persons THE TIME OF PREVENTIVE IMPRISONMENT
charged with heinous crimes are excluded from the coverage 1. RECIDIVISTS or those convicted previously twice
of this Act. In case the maximum penalty to which the accused or more times of any crime
may be sentenced is destierro, he shall be released after thirty 2. Those who, upon being summoned for the
(30) days of preventive imprisonment. execution of their sentence, FAILED TO
(as amended by RA 10592, Section 1) SURRENDER VOLUNTARILY
(e.g. when accused, after some time of
a) The accused undergoes preventive imprisonment when: preventive imprisonment, was able to go out
1. the offense charged is non-bailable, or after posting bail)
2. even if bailable, he cannot furnish the required bail 3. HABITUAL DELINQUENTS
4. ESCAPEES. Those who have escaped from
b) Offenders who have undergone preventive confinement from a penal establishment.
imprisonment shall be credited in the service of his 5. PERSONS CHARGED WITH HEINOUS CRIMES
sentence:
1. FULL-TIME during which they have undergone
preventive imprisonment, if the detention
prisoner agrees voluntarily to abide by the
same disciplinary rules imposed upon
convicted prisoners in writing with the
assistance of a counsel
2. FOUR-FIFTHS of the time during which he has

undergone preventive imprisonment, if the
detention prisoner does not agree to abide by
the same disciplinary rules imposed upon
convicted prisoner in writing with the assistance
of a counsel
3. FULL-TIME he spent in actual confinement and

detention if the offender is a youth (PD 603,
Child and Youth Welfare Code); it is not
necessary that he agreed to abide by the
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SECTION TWO. ARTICLE 35. Effects of bond to keep the peace. - It shall be the
EFFECTS OF THE PENALTIES duty of any person sentenced to give bond to keep the peace,
ACCORDING TO THEIR RESPECTIVE NATURE to present two sufficient sureties who shall undertake that such
person will not commit the offense sought to be prevented, and
that in case such offense be committed they will pay the
ARTICLE 30. Effects of the penalties of perpetual or temporary
amount determined by the court in the judgment, or otherwise
absolute disqualification. - The penalties of perpetual or
to deposit such amount in the office of the clerk of the court to
temporary absolute disqualification for public office shall
guarantee said undertaking.
produce the following effects:
The court shall determine, according to its discretion, the period
1. The deprivation of the public offices and employments
of duration of the bond.
which the offender may have held even if conferred
by popular election.
Should the person sentenced fail to give the bond as required
2. The deprivation of the right to vote in any election for he shall be detained for a period which shall in no case exceed
any popular office or to be elected to such office. six months, is he shall have been prosecuted for a grave or less
grave felony, and shall not exceed thirty days, if for a light
3. The disqualification for the offices or public felony.
employments and for the exercise of any of the rights
mentioned. PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION
1. Deprivation of the public offices and employments, even
In case of temporary disqualification, such if by election
disqualification as is comprised in paragraphs 2 and 3 2. Deprivation of the right to vote or to be elected
of this article shall last during the term of the sentence. 3. Disqualification for the offices or public employments
and for the exercise of any of the rights mentioned.
4. The loss of all rights to retirement pay or other pension 4. Loss of all rights to retirement pay or other pension for any
for any office formerly held. office formerly held.
Perpetual absolute disqualification is effective during the

ARTICLE 31. Effect of the penalties of perpetual or temporary lifetime of the convict and even after the service of the
special disqualification. - The penalties of perpetual or temporal sentence
special disqualification for public office, profession or calling
shall produce the following effects: Temporary absolute disqualification lasts during the term
of the sentence and is removed after the service of the
1. The deprivation of the office, employment, profession
same, except
or calling affected;
a. Deprivation of the public office or employment,
2. The disqualification for holding similar offices or and
employments either perpetually or during the term of b. Loss of all rights to retirement pay or other
the sentence according to the extent of such pension for any office formerly held
disqualification.
PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION
1. Deprivation of the office, employment, profession or
ARTICLE 32. Effect of the penalties of perpetual or temporary calling affected;
special disqualification for the exercise of the right of suffrage. - 2. Disqualification for holding similar offices or employments
The perpetual or temporary special disqualification for the either perpetually or during the term of the sentence
exercise of the right of suffrage shall deprive the offender
perpetually or during the term of the sentence, according to the PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION
nature of said penalty, of the right to vote in any popular FOR THE EXERCISE OF THE RIGHT OF SUFFRAGE
election for any public office or to be elected to such office. 1. Deprivation of the right to vote or to be elected to any
Moreover, the offender shall not be permitted to hold any public public office
office during the period of his disqualification. 2. Cannot hold any public office during the period of
disqualification
ARTICLE 33. Effects of the penalties of suspension from any SUSPENSION FROM ANY PUBLIC OFFICE, PROFESSION OR CALLING,
public office, profession or calling, or the right of suffrage. - The OR THE RIGHT OF SUFFRAGE.
suspension from public office, profession or calling, and the 1. Disqualification from holding such office or exercising
exercise of the right of suffrage shall disqualify the offender from such profession or calling or right of suffrage during the
holding such office or exercising such profession or calling or term of the sentence
right of suffrage during the term of the sentence. - covers calling or trade, e.g. broker, master plumber,
etc
The person suspended from holding public office shall not hold
another having similar functions during the period of his 2. If suspended from public office, the offender cannot hold
suspension. another office having similar functions during the period
of suspension
ARTICLE 34. Civil interdiction. - Civil interdiction shall deprive the CIVIL INTERDICTION
offender during the time of his sentence of the rights of parental 1. Deprivation of the rights of paternal authority or
authority, or guardianship, either as to the person or property of guardianship of any ward
any ward, of marital authority, of the right to manage his 2. Deprivation of marital authority
property and of the right to dispose of such property by any act 3. Deprivation of the right to manage his property and of
or any conveyance inter vivos. the right to dispose of such property by any act or any
conveyance inter vivos
 He can dispose of such property by will or donation
mortis causa
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BOND TO KEEP THE PEACE PARDON BY CHIEF EXECUTIVE v

1. The offender must present two sufficient sureties who shall PARDON BY OFFENDED PARTY
undertake that the offender will not commit the offense Pardon by Chief Executive Pardon by Offended Party
sought to be prevented, and that in case such offense Extinguishes the criminal Does not extinguish the
be committed they will pay the amount determined by liability of the offender criminal liability of the
the court; or offender
2. The offender must deposit such amount with the clerk of Cannot include civil liability May waive the civil liability
court to guarantee such understanding; or which the offender must pay which the offender must pay
3. The offender may be detained, if he cannot give the Granted only after When allowed by law to
bond, for a period not to exceed six months if prosecuted convictions and may be extinguish criminal liability,
for grave or less grave felony, or for a period not to extended to any of the parties should be given before the
institution of criminal
exceed 30 days, if for a light felony
prosecution and must be
extended to both offenders
N.B. Bond is different from bail bond which is posted for
the provisional release of a person arrested for or
accused of a crime.
ARTICLE 37. Cost; What are included. - Costs shall include fees
and indemnities in the course of the judicial proceedings,
whether they be fixed or unalterable amounts previously
ARTICLE 36. Pardon; its effect. - A pardon shall not work the determined by law or regulations in force, or amounts not
restoration of the right to hold public office, or the right of subject to schedule.
suffrage, unless such rights be expressly restored by the terms
of the pardon. Included in costs:
1. Fees, and
A pardon shall in no case exempt the culprit from the payment
2. Indemnities, in the course of judicial proceedings
of the civil indemnity imposed upon him by the sentence.
a) Costs are chargeable to the accused in case of

EFFECTS OF PARDON BY THE PRESIDENT
conviction.
1. A pardon shall not restore the right to hold public office
or the right of suffrage
b) In case of acquittal, the costs are de oficio, each party
 Except: When any or both such rights is or are
bearing his own expenses.
expressly restored by the terms of the pardon
c) No costs shall be allowed against the Republic of the

2. A pardon shall not exempt the culprit from the payment
Philippines, unless otherwise provided by law.
of the civil indemnity.
d) Payment of costs rests upon the discretion of the court.

3. When the principal penalty is remitted by pardon, only
Government may request to assess cost against accused
the effect of that principal penalty is extinguished, but
but not as a right.
not the accessory penalties attached to it
 Except: when an absolute pardon is granted after
the term of imprisonment has expired, it removes all
ARTICLE 38. Pecuniary liabilities; Order of payment. - In case the
that is left of the consequences of conviction
property of the offender should not be sufficient for the payment
 Where the facts and circumstances of the case
of all his pecuniary liabilities, the same shall be met in the
already show that the purpose of the Chief
following order:
Executive is precisely to restore those rights
1. The reparation of the damage caused.
LIMITATIONS UPON THE EXERCISE OF THE PARDONING POWER 2. Indemnification of consequential damages.
1. That the power can be exercised only after conviction
a. Pardon cannot be granted during an appeal; 3. The fine.
unless appeal is withdrawn
b. Government must require proof (Certification 4. The cost of the proceedings.
by trial court or appellate court) that there is no
appeal or he has withdrawn his appeal PECUNIARY LIABILITIES OF PERSONS CRIMINALLY LIABLE.
c. Acceptance of a pardon shall not operate as ►The order of payment is observed in case the property of the
an abandonment or waiver of the appeal; offender is not sufficient for the payment of all his pecuniary
release of an accused by virtue of a pardon, liabilities
commutation of sentence or parole before the 1. Reparation of the damage cause
withdrawal of an appeal shall render those 2. Indemnification of consequential damages
responsible administratively liable 3. Fine
4. Cost of the proceedings
2. That such power does not extend to cases of
impeachment - There is reparation in the crime of rape when the
dress of the woman was torn
- Fines and indemnities imposed upon either husband
or wife may be enforced against the partnership
assets after the responsibilities enumerated in Art 161
of the Civil Code have been covered if the spouse
who is bound should have no exclusive property or if
it should be insufficient
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RULES AS TO SUBSIDIARY IMPRISONMENT

ARTICLE 39. Subsidiary Penalty. – If the convict has no property Circumstance Subsidiary Imprisonment
with which to meet the fine mentioned in paragraph 3 of the When penalty imposed is No subsidiary imprisonment
next preceding article, he shall be subject to a subsidiary higher than prision
personal liability at the rate of one day for each amount correccional
equivalent to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment of conviction (Prision mayor, reclusion
by the trial court, subject to the following rules: temporal, reclusion perpetua)
1. If the principal penalty imposed be prision If the penalty imposed is Not to exceed 1/3 of the term
correctional or arresto and fine, he shall remain under prision correccional or arresto of the sentence (but not more
confinement until his fine referred in the preceding and fine than one year)*
paragraph is satisfied, but his subsidiary imprisonment
shall not exceed one-third of the term of the sentence, Fraction or part of day is not
and in no case shall it continue for more than one counted
year, and no fraction or part of a day shall be counted
against the prisoner. Note: correctional penalty
shall not exceed P6,000.00;
2. When the principal penalty imposed be only a fine, hence maximum subsidiary
the subsidiary imprisonment shall not exceed six imprisonment is 12 days
months, if the culprit shall have been prosecuted for a If the penalty imposed is fine
grave or less grave felony, and shall not exceed only
fifteen days, if for a fight felony. • If the culprit is (Not to exceed six months)*
prosecuted for
3. When the principal penalty imposed is higher than grave or less grave
prision correctional, no subsidiary imprisonment shall felony
be imposed upon the culprit. • If prosecuted for (Not to exceed fifteen days)*
light felony
4. If the principal penalty imposed is not to be executed If the penalty imposed is not to Convict shall suffer addition
by confinement in a penal institution, but such penalty be executed by confinement, period for the same penalty
is of fixed duration, the convict, during the period of but of fixed duration (suspension, destierro) at the
time established in the preceding rules, shall continue rate of one day for every
to suffer the same deprivations as those of which the highest minimum wage rate
principal penalty consists.
Shall consist of same
5. The subsidiary personal liability which the convict may deprivations as those of the
have suffered by reason of his insolvency shall not principal penalty under the
relieve him from the fine in case his financial same rules as above
circumstances should improve."
(As amended by RA 10159) In case the financial He shall pay the fine
circumstances of the convict notwithstanding the subsidiary
SUBSIDIARY PERSONAL LIABILITY. To be suffered by the convict who should improve imprisonment he had suffered
has no property with which to meet the fine, at the rate of one day
for each amount equivalent to the highest minimum wage rate *finds no application since the maximum subsidiary penalty can
prevailing in the Philippines at the time of the rendition of judgment be computed using the maximum fine divided by the highest
of conviction by the trial court, subject to Art 39. minimum wage rate
a) There is no subsidiary penalty for non-payment of NO SUBSIDIARY PENALTY

pecuniary liabilities (reparation, indemnification, costs). 1. When the penalty imposed is higher than prision
correccional
b) A convict who has enough property to meet the fine and 2. For failure to pay the reparation of the damage caused,
not exempt from execution cannot choose to serve the indemnification of the consequential damages and the
subsidiary penalty instead of paying for the fine. A fine costs of the proceedings
should not and cannot be reduced or converted into a 3. When the penalty imposed is fine and a penalty not to
prison term. be executed by confinement in a penal institution and
which has no fixed duration
c) “principal” is not the correct translation of “cuando la
pena impuesta;” “when the penalty imposed” is ►If the fine is less than the highest minimum wage rate (NCR),
controlling there is no subsidiary imprisonment
d) When the court imposes a penalty which carries with it ►There is no subsidiary imprisonment for non-payment of income
other penalties, it must be understood that the accessory tax.
penalties are also imposed upon the convict. Subsidiary
imprisonment is not an accessory penalty. Hence, the ►The additional penalty for habitual delinquency should be
culprit cannot be made to undergo subsidiary included in determining whether or not subsidiary penalty should
imprisonment unless the judgment expressly so provides. be imposed.
►The penalty imposed by the Court, not the penalty provided by

the Code, should be considered in determining subsidiary penalty.
Penalty imposed by the court considered mitigating and
aggravating circumstances.
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►Where the penalty has no fixed duration (e.g. censure), there is

no subsidiary penalty.
►Subsidiary imprisonment if not imprisonment for debt. The laws

which prohibit imprisonment or debt relate to the imprisonment of
debtors for liability incurred in the fulfillment of contracts, but not
to the cases seeking enforcement of penal statutes that provide
for the payment of money as a penalty for the commission of the
crime.
►Subsidiary imprisonment can be imposed for violation of special

laws.
 Unless the special law provides that subsidiary
imprisonment shall not be imposed.
►Subsidiary imprisonment, like accessory penalties, is not essential

in the determination of the criminal jurisdiction of a court.
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SECTION THREE.
PENALTIES IN WHICH OTHER N.B.: There is perpetual special
ACCESSORY PENALTIES ARE INHERENT disqualification from suffrage, only
when the duration of the imprisonment
exceeds 18 months
ARTICLE 40. Death; Its accessory penalties. - The death penalty,
when it is not executed by reason of commutation or pardon Arresto Suspension of the right to hold office
shall carry with it that of perpetual absolute disqualification and and the right of suffrage during the term
that of civil interdiction during thirty years following the date of the sentence
sentence, unless such accessory penalties have been
expressly remitted in the pardon. Destierro No accessory penalty
ARTICLE 41. Reclusion perpetua and reclusion temporal; Their Death None, for obvious reasons, except when
accessory penalties. - The penalties of reclusion perpetua and not executed by reason of
reclusion temporal shall carry with them that of civil interdiction commutation or pardon
for life or during the period of the sentence as the case may be,
and that of perpetual absolute disqualification which the a) Persons who served out the penalty may not have the
offender shall suffer even though pardoned as to the principal right to exercise the right of suffrage.
penalty, unless the same shall have been expressly remitted in  Absolute pardon for any crime for which one year
the pardon. imprisonment or more was meted out restores the
prisoner to his political rights.
ARTICLE 42. Prision mayor; Its accessory penalties. - The penalty
 Where the penalty is less than one year,
of prision mayor, shall carry with it that of temporary absolute
disqualification does not attach, except when the
disqualification and that of perpetual special disqualification
from the right of suffrage which the offender shall suffer although crime committed us one against property.
pardoned as to the principal penalty, unless the same shall
have been expressly remitted in the pardon. b) Accessory penalties need not be expressly imposed. The
accessory penalties are understood to be always
ARTICLE 43. Prision correccional; Its accessory penalties. - The imposed upon the offender by the mere fact that the law
penalty of prision correccional shall carry with it that of fixes a certain penalty for a given crime.
suspension from public office, from the right to follow a
profession or calling, and that of perpetual special c) Accessory penalties do not determine jurisdiction. What
disqualification from the right of suffrage, if the duration of said determines jurisdiction in criminal cases is the extent of
imprisonment shall exceed eighteen months. The offender shall the principal penalty which the law imposes for the crime
suffer the disqualification provided in the article although
charged in the information of complaint.
pardoned as to the principal penalty, unless the same shall
have been expressly remitted in the pardon.
ARTICLE 44. Arresto; Its accessory penalties. - The penalty of ARTICLE 45. Confiscation and forfeiture of the proceeds or
arresto shall carry with it that of suspension of the right too hold instruments of the crime. - Every penalty imposed for the
office and the right of suffrage during the term of the sentence. commission of a felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or tools with which it
was committed.
Principal Penalty Accessory Penalty
Death, when not Perpetual absolute disqualification
Such proceeds and instruments or tools shall be confiscated
executed by reason
and forfeited in favor of the Government, unless they be
of commutation or Civil interdiction for 30 years,
property of a third person not liable for the offense, but those
pardon
articles which are not subject of lawful commerce shall be
if not expressly remitted in the pardon
destroyed.
Reclusion perpetua Civil interdiction for life or during the
Reclusion temporal sentence 1. Every penalty imposed carries with it the forfeiture of the
proceeds of the crime and the instruments or tools used
Perpetual absolute disqualification, in the commission of the crime.
2. The proceeds and instruments or tools of the crime are
unless expressly remitted in the pardon confiscated and forfeited in favor of the Government.
of the principal penalty
3. Property of a third person not liable for the offense is not
Prision mayor Temporary absolute disqualification subject to confiscation and forfeiture.
Perpetual special disqualification from 4. Property not subject of lawful commerce (whether it
suffrage belongs to the accused or to third persons) shall be
destroyed.
Unless expressly remitted in the pardon
►There can be no forfeiture where there is no criminal case. A
penalty cannot be imposed unless there is a criminal case filed,
Prision correccional Suspension from public office,
profession or calling the case is tried and the accused is convicted.
Perpetual special disqualification from ►Confiscation can be ordered only if the property is:
suffrage, if the duration of imprisonment 1. Submitted in evidence, or
exceeds 18 months 2. Placed at the disposal of the court
Unless expressly remitted in the pardon

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►Articles which are forfeited when the order of forfeiture is already

final cannot be returned even in case of an acquittal.
►Confiscation and forfeiture are additional penalties. Where the

penalty imposed did not include confiscation, the confiscation
sought by the government would be an additional penalty and
would amount to an increase in the penalty already imposed,
thereby placing the accused in double jeopardy.
 When the accused has appealed, confiscation and
forfeiture not ordered by the trial court may be imposed
by the appellate court.
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CHAPTER FOUR judgment and elevate the entire records of the case to
APPLICATION OF PENALTIES the Supreme Court for its final disposition.
SECTION ONE.
RULES FOR THE APPLICATION OF PENALTIES TO THE PERSONS DEATH PENALTY
CRIMINALLY LIABLE AND FOR THE GRADUATION OF THE SAME a) 1987 Constitution did not prohibit but merely suspended
the imposition of the death penalty
ARTICLE 46. Penalty to be imposed upon principals in general. - b) RA 7659 restored the death penalty for certain heinous
The penalty prescribed by law for the commission of a felony crimes; effective 31 Dec 1993
shall be imposed upon the principals in the commission of such c) RA 9346 prohibited the imposition of the death penalty
felony. and provided for the imposition of the penalty of
reclusion perpetua in lieu of death; enacted 24 June
Whenever the law prescribes a penalty for a felony is general 2006
terms, it shall be understood as applicable to the consummated
felony. d) Death penalty id imposed for social defense and as a
warning to others.
►(GR) The penalty prescribed by law in general terms shall be e) Death penalty is not excessive, unjust or cruel within the
imposed: meaning of the Constitution.
1. Upon the principals,
2. For consummated felony. f) DEATH PENALTY IS NOT IMPOSED IN THE FOLLOWING
CASES:
 Exception: When the penalty to be imposed upon the 1. When the guilty person in below 18 years of age at
principal in frustrated or attempted felony is fixed by law. the time of the commission of the crime
2. When the guilty person is more than 70 years of age
Graduation of penalties by degrees refers to: 3. When upon appeal or automatic review of the case
1. Stages of execution (consummated, frustrated or by the Supreme Court, the vote of eight members is
attempted), and not obtained for the imposition of death penalty
2. Degree if the criminal participation of the offender
(principal, accomplice or accessory) g) EXCEPTIONAL CASES, DEATH PENALTY NOT IMPOSED
1. People v Dela Cruz. Considering the circumstances
Division of a divisible penalty into three periods considering under which the offense was perpetrated in the light
aggravating or mitigating circumstances: of the deplorable conditions existing in the national
1. Maximum penitentiary, death penalty is believed
2. Medium unwarranted.
3. Minimum 2. People v Marcos. Appellant has already been
detained for eight years. Appellant obviously did not
fully realize the gravity of the crime he and his
ARTICLE 47. In what cases the death penalty shall not be companions were embarking upon. Death penalty
imposed; Automatic review of the Death Penalty Cases. - The is inappropriate.
death penalty shall be imposed in all cases in which it must be 3. People v Santos. Because of the limited nature of
imposed under existing laws, except when the guilty person is
schooling and since the Ilongots considered the act
below eighteen (18) years of age at the time of the commission
of clearing and working on a land they claim as
of the crime or is more than seventy years of age or when upon
abuse and oppression, accused should not be dealt
appeal or automatic review of the case by the Supreme Court,
the required majority vote is not obtained for the imposition of with the severity (for killing former municipal mayor)
the death penalty, in which cases the penalty shall be reclusion due to persons otherwise circumstance.
perpetua.
h) CRIMES WHEREIN DEATH PENALTY IS IMPOSED
In all cases where the death penalty is imposed by the trial 1. Treason
court, the records shall be forwarded to the Supreme Court for 2. Piracy
automatic review and judgment by the Court en banc, within 3. Qualified piracy
twenty (20) days but not earlier than fifteen (15) days after 4. Qualified bribery
promulgation of the judgment or notice of denial of any motion 5. Parricide
for new trial or reconsideration. The transcript shall also be 6. Murder
forwarded within ten (10) days from the filing thereof by the
7. Infanticide
stenographic reporter.
8. Kidnapping and serious illegal detention
(As amended by RA 7659, Section 22)
9. Robbery with homicide
10. Destructive arson
a) Majority vote of the Supreme Court (8 of 15 members) is
11. Rape with homicide
required for the imposition of the death penalty.
12. Plunder
13. Certain violations of the Dangerous Drugs Act
b) While the constitution requires a mandatory review by
14. Carnapping
the Supreme Court of cases where the penalty imposed
is reclusion perpetua, life imprisonment, or death, it did
i) Death penalty must be imposed by the courts in all cases
not prohibit an intermediate review. When such penalties
in which it must be imposed under existing law
are imposed, these cases are to be reviewed by the
Court of Appeals before the case is elevated to the
j) The trial court must require the prosecution to present
Supreme Court. If CA affirms the penalty of reclusion
evidence despite plea of guilty when the crime charged
perpetua, life imprisonment or death, it could then
is punished with death
impose corresponding penalty, refrain from entering
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k) Since reclusion perpetua is now imposed in lieu of death, d) Rape with homicide is a special complex crime not
there is a need to perfect an appeal. covered by Article 48. Article 266-B shall apply.
Article 266-B (RPC amended by RA 8353).

ARTICLE 48. Penalty for complex crimes. - When a single act When the rape is attempted and a homicide is
constitutes two or more grave or less grave felonies, or when an committed by reason or on the occasion thereof, the
offense is a necessary means for committing the other, the penalty shall be reclusion perpetua to death.
penalty for the most serious crime shall be imposed, the same
to be applied in its maximum period. When by reason or on the occasion of the rape,
(As amended by Act No. 4000) homicide is committed, the penalty shall be death.
A. In complex crime, although two or more crimes are e) When, for the attainment of a single purpose which
actually committed, they constitute only one crime in the constitutes an offense, various acts are executed, such
eyes of the law as well as in the conscience of the acts must be considered only as one offense.
offender. 1. People v Lawas. When in obedience to an order,
several accused simultaneously shot many persons,
B. Article 48 is intended to favor the culprit. The penalty of without evidence how many each killed. There is
the graver offense in its maximum period imposed in only a single offense since there is a single criminal
complex crimes is lower that the aggregate penalties for impulse.
each offense if imposed separately. - Ruling in Lawas case applies only when there is
no evidence at all to show the number of
C. TWO KINDS OF COMPLEX CRIME persons killed by each of several defendants.
1. COMPOUND CRIME. When a single act constitutes
two or more grave or less grave felonies 2. People v Peñas citing People v De Los Santos. In two
2. COMPLEX CRIME PROPER. When an offense is a riots that occurred in two successive days wherein
necessary means for committing the other nine prisoners were killed, the 14 members of the
gang who took part in the killing were convicted of
COMPOUND CRIME. “When a single act constitutes two or more multiple murder (complex crime) and not of nine
grave or less grave felonies” separate murders.
a) REQUISITES, COMPOUND CRIME 3. People v Cu Unjieng. The falsification of 128

1. That only a single act is performed by the offender warehouse receipts which enabled the accused to
2. That the single act produces: swindle the bank in the sum of P1,400,000.00 was
a. Two or more grave felonies; treated as one complex crime of estafa through
b. One or more grave and one or more less grave multiple falsification of mercantile documents.
felonies; or
c. Two or more less grave felonies f) The ruling in Lawas (single criminal impulse, same motive,
single purpose theory) is not applicable where there was
b) Light felonies produced by the same act should be conspiracy to perpetuate the killings.
treated and punished as separate offenses or may be
absorbed by the grave felony. g) People v Bersamin. When there is no evidence as to how
- Several light felonies resulting from one single act many wounds the victims received and it is within the
does not constitute a complex crim. scope of possibility that they were killed by one and the
- When the crime is committed by force or violence, same missile, in the absence of showing that victims dies
slight physical injuries are absorbed; slight physical from more than one bullet, the crime was classified as a
injuries are the necessary consequence of the force complex crime of double murder.
or violence inherent in the crimes of direct assault  People v Basarain. When the two victims each
and rape received more than one bullet wound, they were
not close to each other when fired at, and their
c) EXAMPLES, COMPOUND CRIME bodies were found in different places, Bersamin
1. People v Pama. The single act of Pama in firing a shot, does not apply. It is presumed that victims were
the same bullet causing the death of two persons killed by different shots Accused is liable for two
who were standing on the same line of the direction separate murders.
of the bullet. [two homicides]
2. US v Andaya. The act of raping a girl, causing her (less h) There is no complex crime of arson with homicide under
serious) physical injuries which required medical Article 48. Article 320 as amended by RA 7659 provides
attention for about 20 days. Lacerations in the girl’s for single penalty.
vagina were necessary to the commission of the
crime of rape Art. 320. Destructive Arson. If as a consequence of the
3. US v Montiel. Accused stabbed the justice of peace. commission of any of the acts penalized under this
This is a crime of direct assault with serious physical Article, death results, the mandatory penalty of death
injuries. shall be imposed
4. People v Rillorta. Deceased was a barangay captain
while discharging his duties. The crime is homicide i) Complex crime is applicable to crimes through
with assault to a person in authority. negligence.
5. People v Lopez. The stabbing killed the victim and the
fetus. The crime is murder with abortion. j) People v Estoista. Theft of firearm and illegal possession of
the same firearm do not form a complex crime. They are
two distinct crimes.
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received the full amount. Two crimes: Falsification

k) Article 48 excludes crimes punishable by special laws. and malversation.
(e.g. law punishing illegal possession of firearms; hence, it
cannot form part of a complex crime) i) When the offender had in his possession the funds which
he misappropriated, the falsification of a public or official
COMPLEX CRIME PROPER. “When an offense is a necessary means document involving said funds is a separate offense.
for committing the other”  When the offender had to falsify a public or official
document to obtain possession of the funds which
a) REQUISITES, COMPLEX CRIME PROPER he misappropriated, the falsification is a necessary
1. That at least two (2) offenses are committed means to commit the malversation.
2. That one or some of the offenses must be necessary
to commit the other j) There is no complex crime when one of the offense
3. That both or all of the offenses must be punished penalized by a special law. Both crimes should be
under the same statute punished separately where it appears that they are
punished under different statutes.
b) EXAMPLES
1. People v Barbas. Falsification of a public document k) Illegal possession of firearm is not a necessary means to
by an accountable officer is an offense which is commit homicide. Two separate crimes; punished under
necessary to commit malversation. Officer altered separate statutes.
supplicate of cedulas and collected money from
each of therm. l) RA 8294: The use of an unlicensed firearm in murder or
2. US v Hernandez. Simple seduction by means of homicide is now considered a special aggravating
usurpation of official functions. XXX pretended to be circumstance (not as a separate crime) [People v
minister and solemnized a fictitious marriage in order Castillo]
for AAA to seduce BBB.
3. People v Manguiat. The crime of forcible abduction m) Illegal possession of firearm is absorbed in rebellion.
(taking a woman against hwe will with lewd designs)
was a necessary means for committing rape. D. There is no complex crime of rebellion with murder, arson,
robbery or other common crimes. Murder, arson, robbery
c) The phrase “necessary means” does not mean or other common crimes are absorbed by rebellion.
“indispensable means.”
E. A rebel who commits murder or other common offenses
d) In a complex crime, when the offender executes various in addition to rebellion for some independent or personal
act, he must have a single purpose. motives may be prosecuted for such common offenses.
e.g. People v Gallardo. Accused falsified the signature of F. When two crimes produced by a single act are
the remitter on the 17 money orders and presented them respectively within the exclusive jurisdiction of two courts
to the post office for cashing on one occasion. There was of different jurisdiction, the court of higher jurisdiction shall
only one criminal intent. The 17 falsifications were try the complex crime.
necessary to commit estafa.
 Gonzales v City Fiscal. If the person falsified 27 G. The accused who committed the offense by reckless
vouchers, not to commit estafa or malversation, he impudence, as a means to commit another offense, is
is liable for 27 falsifications since they were not liable for his act only.
executed for the attainment of a single purpose.
H. People v Pacson. When the homicide, physical injuries
e) When in the definition of a felony, one offense is a means and burning of house are the result of single act of
to commit the other, there is no complex crime. negligence, there is only one penalty but there are tree
civil liabilities.
f) People v Bohos. After forcible abduction with rape was
consummated, subsequent acts of sexual intercourse are I. When two felonies constituting a complex crime are
separate acts of rape. punishable by imprisonment and fine, respectively, only
the penalty of imprisonment should be imposed. (even if
g) When trespass to dwelling is a direct means to commit a fine is afflictive and imprisonment is correctional)
graver offense (rape, homicide, murder), there is no
complex crime. The trespass to dwelling shall be J. Article 48 applies only to cases when the RPC does not
considered as the aggravating circumstance of unlawful provide a definite specific penalty for a complex crime.
entry. Article 48 does not apply when the law provides one
single penalty for special complex crimes.
h) There is no complex crime when one offense is
committed to conceal the other. K. One information should be filed when a complex crime is
committed. When a complex crime is charged and one
1. People v Bersabal. After committing homicide, the offense is not proven, the accused can be convicted of
accused set fire to the house (arson) in order to the other.
conceal the crime. No complex crime.
2. US v Geta. Postmaster misappropriated portion of L. Where the person kidnapped is killed in the course of the
the telegraph money. He only returned a portion to detention, regardless of whether the killing was purposely
the complainant; then he forged signature of the sought or was merely an afterthought, the kidnapping
complaining to a receipt reciting that complainant and murder or homicide can no longer be complexed
under Art 48, nor be treated as separate crime, but shall
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be punished as a special complex crime under the last corresponding to the latter shall be imposed in its
paragraph of Art 267 as amended by RA 7659. maximum period.
PLURALITY OF CRIMES. Consists in the successive execution by the 2. If the penalty prescribed for the felony committed be
same individual of different criminal acts upon any of which no lower than that corresponding to the one which the
conviction has yet been declared. accused intended to commit, the penalty for the
former shall be imposed in its maximum period.
KINDS OF PLURALITY OF CRIMES
3. The rule established by the next preceding paragraph
1. FORMAL/ IDEAL PLURALITY. Provided by Art 48; there is but
shall not be applicable if the acts committed by the
one criminal liability guilty person shall also constitute an attempt or
a. When the offender commits any of the frustration of another crime, if the law prescribes a
complex crimes defined in Article 48 higher penalty for either of the latter offenses, in which
b. When the law specifically fixes a single penalty case the penalty provided for the attempted or the
for two or more offenses committed frustrated crime shall be imposed in its maximum
c. When the offender commits continued crimes period.
2. REAL/MATERIAL PLURALITY. There are different crimes in RULES, PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS
law as well as in the conscience of the offender DIFFERENT FROM THAT INTENDED
Condition Penalty
PLURALITY v RECIDIVISM 1. If the penalty for the felony The lower penalty shall be
Plurality Recidivism committed be higher than imposed in its maximum
There is no conviction of any There must be conviction by the penalty for the offense period
of the crimes committed final judgment of the first or which the accused intended
prior offense to commit
2. If the penalty for the felony The lower penalty shall be
CONTINUED/ CONTINUING CRIME. A single crime consisting of a committed be lower that the imposed in its maximum
series of acts but all arising from one criminal resolution; a penalty for the offense which period
the accused intended to
continuous, unlawful act or series of acts set on foot by a single
commit
impulse and operated by an unintermittent force, however long a
3. If the act committed also The penalty for the
time it may occupy constituted an attempt or attempted or frustrated
frustration of another crime, crime shall be imposed in
a) The series of acts born of a single criminal impulse may and the law prescribes a its maximum period
be perpetrated during a long period of time. higher penalty for either of
the latter
b) People v De Leon. A thief who takes from the yard of a
house two different game roosters belonging to two a) ►Article 49 applies only when there is a mistake in the
different persons commits only one crime, for the reason identity of the victim of the crime (aberration ictus), and
that there is a unity of thought in the criminal purpose of the penalty for the crime committed is different from that
the offender. for the crime intended to be committed.
 People v Enguero. When accused committed
robbery on one house and proceeded to another a. Aberratio ictus (mistake in blow). Apply Article 48
house where the second robbery was committed b. Error in personae (mistake in identity). Apply Article
and then to another house where the third robbery 49
was committed, the ruling in De Leon does not c. Praeter intentionem. Apply Article 49
apply. There are three separate robberies.
b) Article 49 is applicable only when the intended crme and
c) When two acts are deemed distinct from one another the crime actually committed are punished with different
although proceeding from the same criminal impulse, penalties
there are two offenses. (e.g. slander and slight physical
injuries) ARTICLE 48 v ARTICLE 49
Article 48 Article 49
d) A continued crime is not a complex crime. The offender Penalty for complex crimes Penalty to be imposed upon
in a continuous crime does not perform a single act, but the principals when the crime
a series of acts. committed is different from
that intended
TRANSITORY CRIME. A moving crime; when committed, the Imposes the penalty for the Imposes the lesser penalty
criminal action may be instituted and tries in the court of the more or most serious crime
municipality, city or province wherein any of the essential In its maximum period In its maximum period
ingredients thereof took place.
Article 49. Penalty to be imposed upon the principals when the

crime committed is different from that intended. - In cases in
which the felony committed is different from that which the
offender intended to commit, the following rules shall be
observed:
1. If the penalty prescribed for the felony committed be

higher than that corresponding to the offense which
the accused intended to commit, the penalty
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ARTICLE 50. Penalty to be imposed upon principals of a

frustrated crime. - The penalty next lower in degree than that b) The penalty for frustrated parricide, murder or homicide
prescribed by law for the consummated felony shall be may be two degrees lower; and the penalty for
imposed upon the principal in a frustrated felony. attempted parricide, murder or homicide may be three
degrees lower.
ARTICLE 51. Penalty to be imposed upon principals of attempted
crimes. - A penalty lower by two degrees than that prescribed
c) BASES FOR THE DETERMINATION OF THE EXTENT OF
by law for the consummated felony shall be imposed upon the
PENALTY TO BE IMPOSED UNDER RPC
principals in an attempt to commit a felony.
1. The stage reached by the crime in its development
ARTICLE 52. Penalty to be imposed upon accomplices in (attempted, frustrated, consummated)
consummated crime. - The penalty next lower in degree than 2. The participation therein of the persons liable
that prescribed by law for the consummated shall be imposed 3. The aggravating or mitigating circumstances which
upon the accomplices in the commission of a consummated attended the commission of the crime
felony.
d) DEGREE. Means one entire penalty, one whole penalty or
ARTICLE 53. Penalty to be imposed upon accessories to the one unit of the penalties enumerated in the graduated
commission of a consummated felony. - The penalty lower by scales provided in Article 71.
two degrees than that prescribed by law for the consummated
felony shall be imposed upon the accessories to the e) Where there are mitigating or aggravating
commission of a consummated felony.
circumstances, the penalty is lowered or increased by
period only, except when the penalty is divisible and
ARTICLE 54. Penalty to imposed upon accomplices in a
frustrated crime. - The penalty next lower in degree than there are two or more mitigating and without
prescribed by law for the frustrated felony shall be imposed aggravating circumstances, in which case the penalty is
upon the accomplices in the commission of a frustrated felony. lowered by a degree.
ARTICLE 55. Penalty to be imposed upon accessories of a f) PERIOD. One of the three equal portions of a divisible
frustrated crime. - The penalty lower by two degrees than that penalty; called minimum, medium and maximum
prescribed by law for the frustrated felony shall be imposed
upon the accessories to the commission of a frustrated felony. g) A period of a divisible penalty, when prescribed by the
RPC as a penalty for a felony, is in itself a degree. e.g. Art
ARTICLE 56. Penalty to be imposed upon accomplices in an 140. The penalty for the leader of a sedition is prision
attempted crime. - The penalty next lower in degree than that mayor in its minimum period. It being a degree, the
prescribed by law for an attempt to commit a felony shall be
penalty next lower than that penalty is prision
imposed upon the accomplices in an attempt to commit the
correccional in its maximum period.
felony.
ARTICLE 57. Penalty to be imposed upon accessories of an

attempted crime. - The penalty lower by two degrees than that ARTICLE 58. Additional penalty to be imposed upon certain
prescribed by law for the attempted felony shall be imposed accessories. - Those accessories falling within the terms of
upon the accessories to the attempt to commit a felony. paragraphs 3 of Article 19 of this Code who should act with
abuse of their public functions, shall suffer the additional
DIAGRAM OF THE APPLICATION OF ARTICLES 50-57 penalty of absolute perpetual disqualification if the principal
Consummated Frustrated Attempted offender shall be guilty of a grave felony, and that of absolute
temporary disqualification if he shall be guilty of a less grave
Principals 0 1 2
felony.
Accomplices 1 2 3
Accessories 2 3 4
►Public officers who help the author of a crime by misusing their
office and duties shall suffer the additional penalties of:
0 = penalty prescribed by law in defining a crime which is to be
1. Absolute perpetual disqualification, if the principal
imposed on the principal in a consummated felony
offender is guilty of a grave felony;
2. Absolute temporary disqualification, if the principal
Other figures (1,2,3,4) = degrees to which the penalty must be
offender is guilty of less grave felony
lowered
a) The accessories must be those falling within the term of

ARTICLE 71. GRADUATED SCALES
Art 19, par 3
SCALE NO. 1 SCALE NO. 2
b) The participation of the accessories must be
1. Death, 1. Perpetual absolute
2. Reclusion perpetua, disqualification, characterized by the misuse of public office or authority
3. Reclusion temporal, 2. Temporal absolute so that the additional penalty be imposed.
4. Prision mayor, disqualification
5. Prision correccional, 3. Suspension from public
6. Arresto mayor, office, the right to vote ARTICLE 59. Penalty to be imposed in case of failure to commit
7. Destierro, and be voted for, the right the crime because the means employed or the aims sought are
8. Arresto menor, to follow a profession or impossible. - When the person intending to commit an offense
9. Public censure, calling, has already performed the acts for the execution of the same
10. Fine. 4. Public censure, but nevertheless the crime was not produced by reason of the
5. Fine. fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such
a) ►Article 50-57 shall not apply to cases where the law person are essentially inadequate to produce the result desired
expressly prescribes the penalty for a frustrated of by him, the court, having in mind the social danger and the
attempted felony, or to be imposed upon accomplices degree of criminality shown by the offender, shall impose upon
or accessories him the penalty of arresto mayor or a fine from 200 to 500 pesos.
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4. When the penalty prescribed for the crime is

►The penalty for impossible crime is arresto mayor or a fine composed of several periods, corresponding to
ranging from 200 to 500 pesos. different divisible penalties, the penalty next lower in
degree shall be composed of the period immediately
►Application of Article 59 is limited to those cases where the act following the minimum prescribed and of the two next
performed would be grave felonies or less grave felonies. following, which shall be taken from the penalty
prescribed, if possible; otherwise from the penalty
immediately following in the above mentioned
respective graduated scale.
ARTICLE 60. Exception to the rules established in Articles 50 to
57. - The provisions contained in Articles 50 to 57, inclusive, of 5. When the law prescribes a penalty for a crime in some
this Code shall not be applicable to cases in which the law manner not especially provided for in the four
expressly prescribes the penalty provided for a frustrated or preceding rules, the courts, proceeding by analogy,
attempted felony, or to be imposed upon accomplices or shall impose corresponding penalties upon those
accessories. guilty as principals of the frustrated felony, or of
attempt to commit the same, and upon accomplices
►Articles 50 to 57 do not apply when the law expressly prescribes and accessories.
the penalty for a frustrated or attempted felony or to be imposed
upon accomplices or accessories.
a) Article 61 provides the rules to be observed in lowering
Cases when the RPC punishes the accomplice with the same the penalty by one or two degrees.
penalty imposed upon the principal
1. The ascendants, guardians, curators, teachers and any b) The rules in Art 61 should also apply on determining the
person who by abuse of authority or confidential minimum of an indeterminate penalty under the
relationship, shall cooperate as accomplices in the Indeterminate Sentence Law
crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or abduction (Art c) The rules also apply in lowering the penalty by one or two
364) degrees by reason of the presence of privileged
2. One who furnished the place for the perpetration of the mitigating circumstances, or when the penalty is divisible
crime of slight illegal detention (Art 268) and there are two or more mitigating circumstances
(generic) and no aggravating circumstances
Cases when accessories are punished with a penalty one degree
lower, instead of two degrees d) The lower penalty shall be taked from the graduated
1. Knowingly using counterfeited seal or forged signature or scale in Article 71.
stamp of the President (Art 162)
2. Illegal possession and use of false treasury or bank note ARTICLE 71. GRADUATED SCALES
(Art 168) SCALE NO. 1 SCALE NO. 2
3. Using a falsified document (Art 173, par 3) 1. Death,* 1. Perpetual absolute
4. Using a falsified dispatch (Art 173, par 2) 2. Reclusion perpetua,* disqualification,
3. Reclusion temporal, 2. Temporal absolute
4. Prision mayor, disqualification
Article 61. Rules for graduating penalties. - For the purpose of 5. Prision correccional, 3. Suspension from public
graduating the penalties which, according to the provisions of 6. Arresto mayor, office, the right to vote
Articles 50 to 57, inclusive, of this Code, are to be imposed upon 7. Destierro, and be voted for, the right
persons guilty as principals of any frustrated or attempted 8. Arresto menor, to follow a profession or
felony, or as accomplices or accessories, the following rules 9. Public censure,* calling,
shall be observed: 10. Fine. 4. Public censure,
5. Fine.
1. When the penalty prescribed for the felony is single
and indivisible, the penalty next lower in degrees shall *Indivisible Penalties
be that immediately following that indivisible penalty
in the respective graduated scale prescribed in Article ILLUSTRATION OF THE RULES
71 of this Code. First Rule.
WHEN THE PENALTY IS SINGLE AND INDIVISIBLE
composed of two indivisible penalties, or of one or - Reclusion perpetua is single and indivisible.
more divisible penalties to be impose to their full - The penalty next lower in degree is reclusion temporal.
extent, the penalty next lower in degree shall be that
immediately following the lesser of the penalties
Second Rule.
prescribed in the respective graduated scale.
WHEN THE PENALTY IS COMPOSED OF TWO INDIVISIBLE PENALTIES
composed of one or two indivisible penalties and the - The penalty to parricide are reclusion perpetua and
maximum period of another divisible penalty, the death, two indivisible penalties.
penalty next lower in degree shall be composed of - The penalty immediately following the lesser of the
the medium and minimum periods of the proper penalties is reclusion temporal.
divisible penalty and the maximum periods of the
proper divisible penalty and the maximum period of WHEN THE PENALTY IS COMPOSED OF ONE OR MORE DIVISIBLE
that immediately following in said respective PENALTIES TO BE IMPOSED TO THEIR FULL EXTENT
graduated scale.
- One divisible penalty to be imposed to its full extent is
reclusion temporal; and two divisible penalties to be
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imposed to their full extent are prision correccional to Fifth Rule.

prision mayor. BY ANALOGY; NOT SPECIFICALLY PROVIDED FOR IN THE FOUR
- The penalty immediately following the divisible penalty of PRECEDING RULES
reclusion temporal (Scale 1) is prision mayor; and the
penalty immediately following the lesser of the penalties WHEN THE PENALTY HAS TWO PERIODS
is arresto mayor.
- The penalty lower by one degree is formed by two
Third Rule. periods to be taken from the same penalty numerically
WHEN THE PENALTY IS COMPOSED OF TWO INDIVISIBLE PENALTIES following the lesser of the penalties prescribed
AND THE MAXIMUM PERIOD OF A DIVISIBLE PENALTY
Prision Correccional Maximum
- The penalty or murder is reclusion temporal in its Medium Penalty for the principal in
consummated felony
maximum period to death. Reclusion perpetua which is Minimum
between reclusion temporal and death is included in the Aresto Mayor Maximum Penalty for accomplice; or for
principal in frustrated felony
penalty. Medium
- The penalty next lower is composed of the medium and Minimum
minimum periods of reclusion temporal and the
maximum period of prision mayor. WHEN THE PENALTY HAS ONE PERIOD
Death - If the penalty is any one of the three periods of a divisible

Reclusion Perpertua Penalty for the principal in penalty, the penalty next lower in degree shall be that
consummated felony period next following the given penalty.
Reclusion Temporal Maximum - The penalty immediately inferior to prision mayor in its
Medium Penalty for accomplice; maximum period is prision mayor in its medium period.
Minimum or for principal in
frustrated felony
Prision Mayor Maximum Prision Mayor Maximum Principal, consummated
Medium Medium Penalty next lower
Minimum Minimum
WHEN THE PENALTY IS COMPOSED OF ONE INDIVISIBLE PENALTY AND ►Mitigating and aggravating circumstances are disregarded in
THE MAXIMUM PERIOD OF A DIVISIBLE PENALTY the application of the rules for graduating penalties. The penalty
prescribed in the RPC is the basis in lowering the penalty without
- Reclusion temporal in its maximum period to reclusion regard to mitigating and aggravating circumstances.
perpetua.
- The same rule shall be observed in lowering the penalty. ►It is only after the penalty next lower in degree is already
determined that the mitigating and/or aggravating
Death circumstances should be considered.
Reclusion Perpertua Penalty for the principal in
consummated felony
Reclusion Temporal Maximum
Medium Penalty for accomplice;
Minimum or for principal in
frustrated felony
Prision Mayor Maximum
Medium
Minimum
Fourth Rule.
WHEN THE PENALTY IS COMPOSED OF SEVERAL PERIODS.
- Several means consisting in more than two periods, or at

least three periods.
- When the penalty is prision mayor in its medium period to
reclusion temporal in its minimum period.
Reclusion Temporal Maximum

Medium
Minimum Penalty for the principal in
Prision Mayor Maximum consummated felony
Medium
Minimum Penalty for accomplice; or
Prision Correccional Maximum for principal in frustrated
felony
Medium
Minimum
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SECTION TWO. Notwithstanding the provisions of this article, the total of the two
RULES FOR THE APPLICATION OF PENALTIES WITH REGARD TO penalties to be imposed upon the offender, in conformity
THE MITIGATING AND AGGRAVATING CIRCUMSTANCES, herewith, shall in no case exceed 30 years.
AND HABITUAL DELINQUENCY.
For purposes of this article, a person shall be deemed to be a
habitual delinquent, if within a period of ten years from the date
Art. 62. Effects of the attendance of mitigating or aggravating
circumstances and of habitual delinquency. - Mitigating or of his release or last conviction of the crimes of serious or less
aggravating circumstances and habitual delinquency shall be serious physical injuries, robo, hurto, estafa or falsification, he is
taken into account for the purpose of diminishing or increasing found guilty of any of said crimes a third time or oftener.
the penalty in conformity with the following rules:
EFFECT OF AGGRAVATING AND MITIGATING CIRCUMSTANCES
1. Aggravating circumstances which in themselves AND HABITUAL DELINQUENCY
constitute a crime specially punishable by law or 1. Aggravating circumstances (generic and specific) have
which are included by the law in defining a crime and the effect of increasing the penalty, without exceeding
prescribing the penalty therefor shall not be taken into the maximum provided by law
account for the purpose of increasing the penalty. 2. Mitigating Circumstances have the effect of diminishing
the penalty
1(a). When in the commission of the crime, advantage
3. Habitual Delinquency has the effect not only of
was taken by the offender of his public position, the
penalty to be imposed shall be in its maximum increasing the penalty because of recidivism, which is
regardless of mitigating circumstances. generally implied in habitual delinquency, but also of
imposing an additional penalty
The maximum penalty shall be imposed if the
offense was committed by any group who belongs
to an organized/syndicated crime group. PARAGRAPH 1
a) The following aggravating circumstances are not to be
An organized/syndicated crime group means a taken into account to increase the penalty:
group of two or more persons collaborating, 1. Those which in themselves constitute a crime
confederating or mutually helping one another for especially punished by law
purposes of gain in the commission of any crime.
e.g.
- “by means of fire” is not considered in
2. The same rule shall apply with respect to any
aggravating circumstances inherent in the crime to arson
such a degree that it must of necessity accompany - “derailment of a locomotive” is not
the commission thereof. considered in damages and obstruction to
means of communication
3. Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his 2. Those which are included by the law in defining a
private relations with the offended party, or from any crime and prescribing the penalty therefor
other personal cause, shall only serve to aggravate or e.g.
mitigate the liability of the principals, accomplices - dwelling is not aggravating in robbery with
and accessories as to whom such circumstances are force upon things
attendant. - abuse of confidence not aggravating in
qualified theft with grave abuse of
4. The circumstances which consist in the material
confidence
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the - poison not aggravating in murder
liability of those persons only who had knowledge of
them at the time of the execution of the act or their b) The maximum of the penalty shall be imposed:
cooperation therein. 1. When in the commission of the crime, advantage
was taken by the offender of his public position; and
5. Habitual delinquency shall have the following effects: 2. If the offense was committed by any person who
belongs to an organized/syndicated crime group
a) Upon a third conviction the culprit shall be
sentenced to the penalty provided by law for the ORGANIZED/SYNDICATED CRIME GROUP. A group of
last crime of which he be found guilty and to the two or more persons collaborating or mutually
additional penalty of prision correccional in its
helping one another for purposes of gain in the
medium and maximum periods;
commission of any crime.
b) Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the last
crime of which he be found guilty and to the PARAGRAPH 2
additional penalty of prision mayor in its minimum c) Aggravating circumstances which are inherent in the
and medium periods; and crime shall not be taken into account for the purpose of
increasing the penalty
c) Upon a fifth or additional conviction, the culprit e.g.
shall be sentenced to the penalty provided for the Evident premeditation is inherent to robbery and theft.
last crime of which he be found guilty and to the
additional penalty of prision mayor in its
maximum period to reclusion temporal in its
minimum period.
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PARAGRAPH 3 convicted of any of the said crimes for the second

d) The following aggravating circumstances serve to time; and
aggravate or mitigate the liability of the principals, 3. That after his conviction of, or after serving sentence
accomplices and accessories as to whom such for, the second offense, he again committed, and
circumstances are attendant: within 10 years from his last release or last conviction,
1. The moral attributes of the offender he was again convicted of any of said offenses, the
2. From any other personal cause third time of oftener.
e) The rule applies even in conspiracy. The act of one is the j) The culprit shall be sentenced to the penalty provided by
act of all, but not necessarily the crime of one is the crime law for the last crime of which he be found guilty, and he
of all. will be declared a habitual delinquent and sentenced
with the additional penalty.
PARAGRAPH 4 k) ADDITIONAL PENALTY FOR HABITUAL DELINQUENCY

f) The following circumstances shall aggravate or mitigate The culprit shall be sentenced to the penalty provided by
the liability of those persons who had knowledge of them law for the last crime of which he is found guilty and to
at the time of the execution of the act or their the additional penalties
cooperation therein:
1. In the material execution of the act, or Frequency Additional Penalty
e.g. Third conviction prision correccional in its
treachery does not aggravate the crime of the medium and maximum periods
person who had no knowledge of the treachery Fourth conviction Prision mayor in its minimum
and medium periods
treachery is not considered to the principal by Fifth or additional Prision mayor in its minimum
induction when he left to the principal by direct conviction period to reclusion perpetua in
participation the means, modes or methods of the its minimum period
commission of the felony
Imposition of additional penalty is MANDATORY.
2. In the means employed to accomplish it
e.g. People v De Jesus. Additional penalty is imposed in its
Poison is not considered aggravating the toe minimum, medium or maximum period according to the
principal by induction who did not know that number and nature of the modifying circumstances
principal by direct participation will use poison present/
g) CIRCUMSTANCES RELATING TO THE PERSONS l) The subsequent crime must be committed AFTER
PARTICIPATING IN THE CRIME v CONVICTION of former crime.
CIRCUMSTANCES CONSISTING IN THE MATERIAL
EXECUTION OR MEANS EMPLOYED m) The following must be alleged in the Information:
1. The dates of the commission of the previous crimes
Circumstances relating Circumstances
to the persons consisting in the material 2. The date of the last conviction or release
participating in the crime execution or means 3. The dates of the other previous convictions or
employed releases
Do not affect all the Affects the criminal
participants in the crime liability of all the n) A plea of guilty to an information which fails to allege he
defendants who had dates of commission of previous offenses, convictions
Only those to whom they knowledge thereof at the and releases is not an admission to habitual delinquency,
particularly apply time of the commission of but only to recidivism.
the crime, or their  The defect is cured when the accused did not
cooperation therein
object to the admission of decisions fore previous
offenses which show the dates of his convictions.
PARAGRAPH 5
h) HABITUAL DELINQUENT.  If the preceding conviction is less than 10 years from
1. when a person within a period of ten years from the the date of conviction in the offense complained of,
date of his last release or last conviction the date of last release is not important, because the
2. of the crimes of release comes after conviction.
a. serious or less serious physical injuries,
b. robo/ robbery, o) HABITUAL DELINQUENCY v RECIDIVISM
c. hurto/ theft, Habitual Delinquency Recidivism
d. estafa or Crimes are specified: It is sufficient that the
e. falsification, serious or less serious accused, on the date of
3. he is found guilty of any of said crimes a third time or physical injuries, his trial shall have been
oftener. robbery, theft, estafa, previously convicted by
falsification final judgment of another
i) REQUISITES, HABITUAL DELINQUENCY crime embraced in the
same titled of the Code
1. That the offender had been convicted of any of the
The offender is found No period of time
crimes of serious or less serious physical injuries,
guilty of the crimes between the former
robbery, theft, estafa or falisification
specified within 10 years conviction and the last
2. That after that conviction or after serving his from his las release or last conviction
sentence, he again committed, and within 10 years conviction
from his release or first conviction, he was again
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Must be found guilty for Second conviction for an ARTICLE 63. Rules for the Application of Indivisible Penalties. —
the third time of oftener offense is sufficient In all cases in which the law prescribes a single indivisible
Additional penalty is If not offset by mitigating penalty, it shall be applied by the courts regardless of any
imposed circumstance, serves to mitigating or aggravating circumstances that may have
increase the penalty only attended the commission of the deed.
to the maximum
In all cases in which the law prescribes a penalty composed of
two indivisible penalties, the following rules shall be observed in
p) Convictions on the same day or about the same time are the application thereof:
considered only one.
1. When in the commission of the deed there is present
e.g. March 3 and 5, 1934
only one aggravating circumstance, the greater
penalty shall be applied.
q) Crimes committed on the same date, although
convictions are on different dates, are considered only 2. When there are neither mitigating nor aggravating
one. circumstances in the commission of the deed, the
lesser penalty shall be applied.
r) Previous convictions are considered in the imposition of
additional penalty every time a new offense is 3. When the commission of the act is attended by some
committed. mitigating circumstance and there is no aggravating
circumstance, the lesser penalty shall be applied.
s) The commission of any of the specified crimes need not
be consummated. 4. When both mitigating and aggravating circumstances
attended the commission of the act, the courts shall
reasonably allow them to offset one another in
t) Habitual delinquency applies to accomplices and
consideration of their number and importance, for the
accessories.
purpose of applying the penalty in accordance with
the preceding rules, according to the result of such
u) Crime committed during the minority of the offender compensation.
should not be considered for the purpose of treating him
a habitual delinquent. OUTLINE OF THE RULES
1. When the penalty is single indivisible, it shall be applied
v) A habitual delinquent is necessarily a recidivist. regardless of any mitigating or aggravating
Recidivism is imposed as an aggravating circumstance circumstances.
to the principal penalty AND the additional penalty for 2. When the penalty is composed of two indivisible
habitual delinquency is imposed. penalties
 In imposing the additional penalty, recidivism is not a. When there is only one aggravating
aggravating because it is inherent in habitual circumstance, the greater penalty shall be
delinquency. imposed
b. When there is neither mitigating nor
(In case of habitual delinquency, recidivism is aggravating circumstances, the lesser penalty
aggravating with respect to the principal penalty; shall be imposed
but not aggravating with respect to the additional c. When there is a mitigating circumstance and
penalty.) no aggravating circumstance, the lesser
penalty shall be imposed
w) A habitual delinquent may not always be a recidivist. d. When both mitigating and aggravating
When no two of the crimes committed are embraced in circumstances are present, the court shall
the same title of the RPC. allow them to offset one another
Crime against public Falsification
interest ►ARTICLE 63 APPLIES ONLY WHEN THE PENALTY PRESCRIBED IS
Crime against property Estafa, Robbery, Theft EITHER ONE INDIVISIBLE OR TWO INDIVISIBLE PENALTIES.
Crime against person Serious or less serious
physical injuries
e.g. Art 63 does not apply when penalty is reclusion temporal in its
maximum period to death. Such penalty has three periods:
x) The imposition of additional penalty for habitual
minimum – reclusion temporal maximum, medium – reclusion
delinquency is constitutional. It is neither an ex post facto
perpetua, and maximum – death. Art 64 shall apply.
law nor an additional punishment for former crimes.
a) When the penalty is composed of two indivisible
penalties, the penalty cannot be lowered by one degree
no matter how many mitigating circumstances are
present.
 Exception. When a privileged mitigating
circumstance under Article 68 or Article 69 is present
b) Moral value and not numerical weight of circumstances

should prevail in the offset of aggravating and mitigating
circumstances. (with reference to Art 63, par 4)
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ARTICLE 64. Rules for the Application of Penalties Which Contain As to period, according to the
Three Periods. — In cases in which the penalties prescribed by number and nature of such
law contain three periods, whether it be a single divisible circumstance
penalty or composed of three different penalties, each one of
which forms a period in accordance with the provisions of The two mitigating
articles 76 and 77, the courts shall observe for the application of circumstances which reduced
the penalty the following rules, according to whether there are the penalty by one degree lower
or are not mitigating or aggravating circumstances: shall not be used in fixing the
period.
1. When there are neither aggravating nor mitigating No penalty greater than the
circumstances, they shall impose the penalty prescribed by law maximum period of the penalty
in its medium period. prescribed by law shall be
imposed no matter how many
2. When only a mitigating circumstance is present in the aggravating circumstances are
commission of the act, they shall impose the penalty in its present
minimum period. The court can determine the
extent of the penalty within the
3. When only an aggravating circumstance is present in the limits of each period, according
commission of the act, they shall impose the penalty in its to the number and nature of the
maximum period. aggravating and mitigating
circumstances and the greater
4. When both mitigating and aggravating circumstances are or lesser extent of the evil
present, the court shall reasonably offset those of one class produced by the crime.
against the other according to their relative weight.
►ARTICLE 64 IS NOT APPLICABLE WHEN THE PENALTY IS INDIVISIBLE
5. When there are two or more mitigating circumstances and no OR PRESCRIBED BY SPECIAL LAW OR FINE.
aggravating circumstances are present, the court shall impose Article 64 does not apply to
the penalty next lower to that prescribed by law, in the period
a. Indivisible penalties
that it may deem applicable, according to the number and
b. Penalties prescribed by special laws, and
nature of such circumstances.
c. Fines.
6. Whatever may be the number and nature of the aggravating
circumstances, the courts shall not impose a greater penalty INSTANCES WHEN MITIGATING AND AGGRAVATING
than that prescribed by law, in its maximum period. CIRCUMSTANCES NOT CONSIDERED IN THE IMPOSITION OF PENALTY
1. When the penalty is single and indivisible
7. Within the limits of each period, the courts shall determine the
extent of the penalty according to the number and nature of 2. In felonies through negligence.
the aggravating and mitigating circumstances and the greater
or lesser extent of the evil produced by the crime. 3. The penalty to be imposed upon a Moro or other non-
Christian inhabitants.
►ARTICLE 64 APPLIES ONLY WHEN THE PENALTY HAS THREE PERIODS.  Exception. Does not apply when the Moro has
Hence, it applies when the penalty prescribed is: lived in a Christian province for many years
1. Reclusion temporal
2. Prision mayor - It lies in the discretion of the trial court,
3. Prision correccional irrespective of the attending circumstances.
4. Arresto mayor - NON-CHRISTIAN. Refers not only to religious
5. Arresto menor belief but in a way to geographical area and,
6. Prision correccional more particularly, directly to Philippine natives
7. Reclusion temporal of a low grade of civilization; extended to
Mountain Province
a) When the law prescribed a single divisible penalty, it is
understood to be distributed in three equal parts, each 4. When the penalty is only a fine imposed by an ordinance
part (minimum, medium, maximum)
5. When the penalties are prescribed by special law
b) If the penalty is made-up of three different penalties,
each forms a period according to Art 77.
(e.g. prision correccional to reclusion perpetua; minimum ARTICLE 65. Rule in Cases in Which the Penalty is Not Composed
– prision correccional, medium – prision mayor, maximum of Three Periods. — In cases in which the penalty prescribed by
– reclusion temporal) law is not composed of three periods, the courts shall apply the
rules contained in the foregoing articles, dividing into three
OUTLINE OF RULES IN ART 64 equal portions the time included in the penalty prescribed, and
Circumstances attendant Penalty imposed/ consequence forming one period of each of the three portions.
No aggravating and no Medium period
mitigating APPLYING ARTICLE 65
Only a mitigating Minimum period 1. Compute and determine first the period of the entire
Only an aggravating Maximum period penalty.
There are aggravating and Court shall offset 2. The time included in the penalty prescribed should be
mitigating divided into three equal portions, after subtracting the
Two or more mitigating, no Penalty next lower minimum (eliminate the 1 day) from the maximum of the
aggravating penalty
3. The minimum of the minimum period should be the
minimum of the given penalty (including the 1 day)
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4. Add the quotient to the minimum… ARTICLE 66. Imposition of Fines. — In imposing fines the courts
Minimum of the + quotient Maximum of may fix any amount within the limits established by law; in fixing
minimum (-1da in the minimum the amount in each case attention shall be given, not only to
= minimum of minimum) the mitigating and aggravating circumstances, but more
the penalty particularly to the wealth or means of the culprit.
Maximum of + 1 day Minimum of
the minimum the medium ►The court can fix any amount of the fine within the limits
Minimum of the + quotient Maximum of established by law.
medium (-1da in the medium
minimum) ►The court must consider:
Maximum of + 1 day Minimum of 1. The mitigating and aggravating circumstances; and
the medium the maximum 2. More particularly, the wealth and means of the culprit.
Minimum of the + quotient Maximum of
maximum (-1da in the maximum The court may also consider other factors:
minimum) = maximum of
a. Gravity or seriousness of the crime
the penalty
b. Heinousness of its perpetration
c. Magnitude of its effects on the victims
e.g. Prision mayor = six years and one day to twelve years
12 years – 6 years = 6 years
a) When law does not fix the minimum of the fine, the
6 years / 3 periods = 2 years
determination of the amount of the fine is left to the
6 years, 1 day + 2 years 8 years
discretion of the court provided it shall not exceed the
(- 1day)
8 years, 1 day + 2 years 10 years maximum.
(- 1day)
10 years, 1 day + 2 years 12 year b) Fines are not divided into three equal portions.
(-1 day)
Minimum: 6 years, 1 day --- 8 years c) The position and standing of the accused is considered
Medium: 8 years, 1 day --- 10 years aggravating in gambling; maximum penalty imposed.
Maximum: 10 years, 1 day --- 12 years
N.B. These rules were not followed in the computation of ARTICLE 67. Penalty to Be Imposed When Not All the Requisites
the periods of Arresto Mayor in Article 76, which provides of Exemption of the Fourth Circumstance of Article 12 are
Present.— When all the conditions required in circumstance
Whole penalty: 1 months, 1 day --- 6 months number 4 of article 12 of this Code to exempt from criminal
liability are not present, the penalty of arresto mayor in its
Minimum: 1 month --- 2 months
maximum period to prisión correccional in its minimum period
Medium: 2 months, 1 day --- 4 months
shall be imposed upon the culprit if he shall have been guilty of
Maximum: 4 months, 1 day --- 6 months a grave felony, and arresto mayor in its minimum and medium
periods, if of a less grave felony.
EXAMPLE:
When the penalty is NOT COMPOSED OF THREE PERIODS N.B.: Article 12 par 4 pertains to the exempting circumstance of
accident.
Penalty for infanticide is Prision Correccional in its medium and
maximum periods REQUISITES, ACCIDENT
1. That the act causing the injury be lawful, that is,
Prision Correccional = 6 months, 1 day --- 6 years permitted not only by law but also by regulations
6 years – 6 months = 5 years, 6 months 2. That it be performed with due care
5 years, 6 months / 3 periods = 1 year, 10 months 3. That the injury be caused by mere accident, i.e. by an
6 months, 1 day + 1 year, 10 2 years, unforeseen event
months (-1day) 4 months 4. That there is no fault or intention to cause the injury
2 years, + 1 year, 10 4 years,
4 months, 1 day months (-1day) 2 months
Reckless Lacking all the requisites +
4 years, + 1 year, 10 6 years
Imprudence
2 months, 1 day months (-1day)
Act is executed without taking those
precautions or measures which the most
For parricide: Prision correccional (med --- max) = common prudence must require
2 years, 4 months, 1 day --- 6 years Simple Lacking all the requisites +
6 years – 2 years, 4 months = 3 years, 8 months Imprudence
3 years, 8 months / 3 periods = 1 year, 2 months, 20 days A mere lack of precaution in those cases
2 years, +1year, 3 years, where either the threatened harm is not
4 months, 1 day 2 months, 6 months, imminent or the danger is not openly visible
20 days (-1day) 20 days N.B.: Article 365 and Article 67 provide the same penalties.
3 years, +1year, 4 years,
6 months, 2 months, 9 months, When the felony was committed with “incomplete accident”, the
21 days 20 days (-1day) 10 days penalties shall be:
4 years, +1year, 6 years,
If Grave Felony arresto mayor, maximum ---
9 months, 2 months,
prision correccional, minimum
11 days 20 days (-1day)
If Less Grave Felony arresto mayor, minimum ---
Minimum: 2yrs, 4mos, 1da --- 3yrs, 6mos, 20da
arresto mayor, medium
Medium: 3yrs, 6mos, 21da --- 4yrs, 9mos, 10da
Maximum: 4yrs, 9mos, 11da --- 6yrs
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ARTICLE 68. Penalty to Be Imposed Upon a Person Under b. penalty to be imposed on the CICL is the penalty next
Eighteen Years of Age. — When the offender is a minor under lower than that prescribed by law
eighteen years and his case is one coming under the provisions
of the paragraph next to the last of article 80 of this Code, the ►Exemption from criminal liability does not include exemption
following rules shall be observed: from civil liability.
- Parents shall be liable for damages unless they prove
1. Upon a person under fifteen but over nine years of age,
that:
who is not exempted from liability by reason of the
1. they were exercising reasonable supervision over
court having declared that he acted with discernment,
the child at the time the child committed the
a discretionary penalty shall be imposed, but always
lower by two degrees at least than that prescribed by offense and
law for the crime which he committed. 2. exerted effort and utmost diligence to prevent or
discourage the child from committing another
2. Upon a person over fifteen and under eighteen years offense
of age the penalty next lower than that prescribed by
law shall be imposed, but always in the proper period. ►The court may place the child on probation in lieu of service of
his sentence taking into account the best interest of the child.
N.B. Article 68 has been partly repealed by RA 9344
RA 10630. An act strengthening the Juvenile Justice System ARTICLE 69. Penalty to Be Imposed When the Crime Committed
Child above 12 Child who commits serious crimes* shall be is Not Wholly Excusable. — A penalty lower by one or two
but under 16 deemed a neglected child degrees than that prescribed by law shall be imposed if the
years of age deed is not wholly excusable by reason of the lack of some of
who commits Mandatorily placed in a special facility the conditions required to justify the same or to exempt from
serious crimes* within the youth care facility or “Bahay Pag- criminal liability in the several cases mentioned in articles 11
asa” and 12, provided that the majority of such conditions be
present. The courts shall impose the penalty in the period which
Child above 12 Child commits an offense for the second may be deemed proper, in view of the number and nature of
but under 15 time or oftener** shall be deemed a the conditions of exemption present or lacking.
who commits neglected child
another a) Unlawful aggression is indispensable in self-defense,
offense** Undergo intensive intervention program defense of relatives and defense of stranger. In the
supervised by the LSWDO absence of unlawful aggression, convict is not entitled to
reduction.
unless the best interest of the child requires a. People v Dorado. Two essential requisites for
that he be placed in a “Bahay Pag-asa”;
justification were present (unlawful aggression
parents or guardians shall execute a written
and lack of provocation). The penalty lower by
authorization for the voluntary commitment
of the child two degrees may be imposed.
b. People v Alvarez. When only unlawful
Child under 15 Exempt from criminal liability aggression is present, there can be no
years of age reduction.
Immediately released to the custody of c. People v Cabellon. Where only unlawful
parents or guardian, or nearest relative aggression is present, the penalty next lower
may be imposed. [contrary to the provision]
Be subjected to a community-based
intervention program supervised by
LSWDO, b) Article 69 includes incomplete justifying and incomplete
exempting circumstances (Arts 11 and 12), provided that
unless the best interest of the child requires
majority of the conditions are present.
referral to a “Bahay Pag-asa
c) The court has the discretion to impose one or two

Child above 15 Exempt from criminal liability
but under 18 degrees lower than the penalty prescribed by law. The
years of age If he acted with discernment, he shall be court must consider the number and nature of the
subjected to diversion proceedings condtions of exemption or justification present or lacking.
*parricide, murder, infanticide, kidnapping and serious illegal
detention where the victim is raped, robbery with homicide or d) When the majority of the requisites of self-defense and
rape, destructive arson, rape, carnapping where driver/occupant two mitigating without aggravating circumstances are
is killed or raped, offenses under RA 9165(Dangeroys Drugs Act) present, the penalty is three degrees lower.
punishable by more than 12 years of imprisonments
** an offense for the second time or oftener who was previously

subjected to a community-based intervention program
►If the objective of the disposition measures imposed upon the

CICL has not been fulfilled, or if the CICL has willfully failed to
comply with the conditions of his disposition or rehabilitation
program:
a. the CICL shall be brought before the court for execution
of judgment,
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ARTICLE 70. Successive service of sentences. — When the culprit d. Prison mayor,
has to serve two or more penalties, he shall serve them e. Prison correccional,
simultaneously if the nature of the penalties will so permit; f. Arresto mayor,
otherwise, the following rules shall be observed: g. Arresto menor,
h. Destierro,
In the imposition of the penalties, the order of their respective i. Perpetual absolute disqualification,
severity shall be followed so that they may be executed
j. Temporary absolute disqualification,
successively or as nearly as may be possible, should a pardon
k. Suspension from public office, the right to vote and
have been granted as to the penalty or penalties first imposed,
be voted for, the right to follow profession or calling,
or should they have been served out.
and
For the purpose of applying the provisions of the next preceding l. Public censure.
paragraph the respective severity of the penalties shall be
determined in accordance with the following scale:
a) The order of the respective severity of the penalties shall
1. Death, be followed so that they may be executed successively
2. Reclusion perpetua, in order of severity.
3. Reclusion temporal,
4. Prison mayor, b) Imprisonment must be served before destierro.
5. Prison correccional,
6. Arresto mayor,
c) THREE-FOLD RULE. The maximum duration of the convict’s
7. Arresto menor,
sentence shall not be more than three times the length
8. Destierro,
9. Perpetual absolute disqualification, of the time corresponding to the most severe of the
10. Temporary absolute disqualification, penalties imposed upon him.
11. Suspension from public office, the right to vote and be  Maximum period shall in no case exceed forty years
voted for, the right to follow profession or calling, and
12. Public censure. MS=most severe penalty; P=penalties
Conditions Penalty imposed
Notwithstanding the provisions of the rule next preceding, the 3MS > 40 years 40 years (maximum)
maximum duration of the convict's sentence shall not be more 3MS < 40 years,
than threefold the length of time corresponding to the most 3MS < ∑P 3MS (three fold rule)
severe of the penalties imposed upon him. No other penalty to 3MS < ∑P ∑P (sum of penalties)
which he may be liable shall be inflicted after the sum total of
those imposed equals the said maximum period. d) The Three-Fold Rule is applied only when the convict has
to serve at least four sentences. [It would be
Such maximum period shall in no case exceed forty years.
mathematically impossible that three times the longest
In applying the provisions of this rule the duration of perpetual period be less than the sum of longest period with two
penalties (pena perpetua) shall be computed at thirty years. other shorter periods]
(As amended by Commonwealth Act 217, Section 2)
e) All the penalties cannot exceed three-fold of the most
OUTLINE OF ARTICLE 70 severe even if imposed for different crimes at different
1. When the culprit has to serve two or more penalties, he times and under separate informations.
shall serve them simultaneously if the nature of the
penalties will so permit. N.B.: The Rules of Court provides than an information must
not charge more than one offense.
PENALTIES THAT CAN BE SIMULTANEOUSLY SERVED
a. Perpetual absolute disqualification f) Exclude sentences that have already been served.
b. Perpetual special disqualification Duration of the convict’s sentence refers to several
c. Temporary absolute disqualification penalties for different offenses not yet served.
d. Temporary special disqualification
e. Suspension g) If the sentence is indeterminate, the maximum term is to
f. Destierro be considered as basis for the three fold rule.
g. Public censure
h. Fine and bond to keep the peace h) Subsidiary imprisonment forms part of the penalty;
i. Civil interdiction, and imposed on top of the three fold of the most severe
j. Confiscation and payment of costs. penalty. The subsidiary imprisonment cannot be
eliminated so long as the principal penalty is not higher
The above penalties, except destierro can be than six years.
served simultaneously with imprisonment.
Article 39. Par 3. When the principal penalty imposed is
Penalties consisting of deprivation of liberty higher than prison coreccional no subsidiary
cannot be served simultaneously. imprisonment shall be imposed upon the culprit.
2. Otherwise, the order of their respective severity shall be i) Article 70 does not distinguish between principal penalty
followed. and subsidiary penalties. Indemnity is considered a
penalty.
3. The respective severity of the penalties is as follows:
a. Death, j) The three-fold rule is applied not in the imposition of the
b. Reclusion perpetua, penalties, but in connection with the service of the
c. Reclusion temporal, sentences imposed. The court must still impose all the
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penalties for all the crimes of which the accused is found c) Offenses penalized by destierro fall under the jurisdiction
guilty. of metropolitan and municipal courts. Destierro, even if
correctional, is not higher than arresto mayor.
k) The courts may impose multiple death sentence to serve
as an indelible badge of extreme criminal perversity. N.B. MTC and MCTC, per Judiciary Reorganization Act,
1. If the President commutes multiple death penalty to shall exercise exclusive original jurisdiction over all
multiple life imprisonments, the convict has to serve offenses punishable with imprisonment not exceeding six
the maximum of 40 years. years…
2. If only one death penalty is commuted to life
imprisonment, the convict will serve a maximum of d) Destierro is applied not only when it is specifically
30 years. imposed by law. Destierro may be imposed when it is the
penalty next lower and the circumstances require the
l) THREE DIFFERENT SYSTEMS OF PENALTY imposition of a penalty one degree lower.
1. Material Accumulation System. Established no
limitations; all the penalties for all the violations are Article 25 Article 70 Article 71
imposed even if they reached beyond the natural Penalties are Penalties are Provides for the
span of human life classified into classified for the scales observed in
principal and purpose of graduating
2. Juridical Accumulation System. Demonstrated in Art accessory successive service penalties by
70, pars 4-6; the service of several penalties imposed penalties. of sentence, degrees.
on one and the same culprit is limited to not more according to
Principal penalties severity. Speaks of lower or
than three-fold the length of time corresponding to
are subdivided higher penalties
the most severe and in no case to exceed 40 years
into capital,
afflictive,
3. Absorption System. The lesser penalties are correctional and
absorbed by the graver penalties; observed in the light.
imposition of the penalty in complex crimes (Art 48), Destierro is placed Destierro is placed
continuing crimes and specific crimes under arresto above arresto
menor menor
ARTICLE. 71. Graduated scales. — In the cases in which the law Destierro is Destierrio
prescribes a penalty lower or higher by one or more degrees considered lighter (correctional) is
than another given penalty, the rules prescribed in article 61 than arresto higher than arresto
shall be observed in graduating such penalty. menor menor (light)
The lower or higher penalty shall be taken from the graduated

scale in which is comprised the given penalty.
ARTICLE 72. Preference in the Payment of the Civil Liabilities. —
The courts, in applying such lower or higher penalty, shall The civil liabilities of a person found guilty of two or more
observe the following graduated scales: offenses shall be satisfied by following the chronological order
of the dates of the final judgments rendered against him,
SCALE No. 1 beginning with the first in order of time.
1. Death,
2. Reclusion perpetua, a) The article applies when the offender who is found guilty
3. Reclusion temporal, of two or more offenses is required to pay the
4. Prision mayor, corresponding civil liabilities resulting from different
5. Prision correccional,
offenses.
6. Arresto mayor,
7. Destierro,
8. Arresto menor, b) The order of payment of civil liabilities is based on dates
9. Public censure, of final judgments, not on the dates of commission of the
10. Fine. offense.
SCALE No. 2
1. Perpetual absolute disqualification,
2. Temporary absolute disqualification,
3. Suspension from public office, the right to vote and be
voted for, and the right to follow a profession or calling,
4. Public censure,
5. Fine.
a) Death shall no longer form part of the equation in the

graduation of penalties, pursuant to RA 9346. The penalty
provided by law in lieu of death shall be used as a basis
in attaching penalties for accomplices and accessories,
and frustrated and attempted felonies.
b) The penalty next lower to arresto mayor is destierro,

consistent with the scale of penalties in Art 71.
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SECTION THREE. d) The court cannot change the minimum even if the
PROVISION COMMON TO THE LAST TWO PRECEDING SECTIONS. offender is a poor man. The article does not apply when
the law does not fix a minimum of the fine.
ARTICLE 73. Presumption in Regard to the Imposition of
Accessory Penalties. — Whenever the courts shall impose a e) When only the maximum of the fine is fixed, the
penalty which, by provision of law, carries with it other penalties, determination of the amount to be imposed is left to the
according to the provisions of articles 40, 41, 42, 43, 44, and 45 sound discretion of the courts, without exceeding the
of this Code, it must be understood that the accessory penalties maximum authorized by law.
are also imposed upon the convict.
f) FINE WITH MINIMUM v FINE WITHOUT MINIMUM
a) Accessory penalties are deemed imposed by the courts Fine with minimum Fine without minimum
without the necessity of making an express The law fixes the The law fixes the
pronouncement of their imposition maximum of the fine maximum of the fine
The court cannot The court can impose
b) Subsidiary imprisonment is not an accessory penalty. The change the minimum any amount not
judgment of conviction must expressly state that the exceeding the maximum
offender shall suffer the subsidiary imprisonment in case Court can impose an Court cannot impose an
of insolvency. amount higher than amount higher than the
maximum maximum
ARTICLE 74. Penalty Higher Than Reclusión Perpetua in Certain g) As to fines that do not consist of a fixed amount, but are
Cases. — In cases in which the law prescribes a penalty higher made proportional
than another given penalty, without specifically designating the
name of the former, if such higher penalty should be that of Minimum = value of the damage/bribe
death, the same penalty and the accessory penalties of Article Maximum = three times the minimum (value of damage
40, shall be considered as the next higher penalty. or bribe)
a) Death cannot be the penalty next higher in degree when Example:

not provided by law. The given penalty and the Direct bribery involving a bribe of P2,300.00.
accessory penalties of death when not executed by Minimum P2,300.00
reason of commutation or pardon shall be imposed. Maximum P6,900.00
Fine imposed P2,300.00 – P6,900.00
b) Death must be specifically imposed by law as a penalty 1/4 of maximum P1,725.00
for a given crime. One degree lower P2,300.00 – P5,175.00
Two degrees lower P2,300.00 – P3,450.00
ARTICLE 75. Increasing or Reducing the Penalty of Fine by One

or More Degrees. — Whenever it may be necessary to increase ARTICLE 76. Legal Period of Duration of Divisible Penalties. — The
or reduce the penalty of fine by one or more degrees, it shall be legal period of duration of divisible penalties shall be
increased or reduced, respectively, for each degree, by one- considered as divided into three parts, forming three periods,
fourth of the maximum amount prescribed by law, without, the minimum, the medium, and the maximum in the manner
however, changing the minimum. shown in the following table:
The same rules shall be observed with regard to fines that do not a) Article 76 shows the manner divisible penalties are
consist of a fixed amount, but are made proportional.
divided into three periods.
a) Fines are graduated into degrees for the accomplices

b) When the penalty prescribed is any of the divisible
and accessories and for the principals in frustrated and
penalties enumerated in Article 25, its three periods,
attempted felonies.
except those in arresto mayor, are the three equal
portions of the divisible penalty.
b) The fine shall be increased or reduced, respectively, for
each degree, by one-fourth of the maximum amount
c) When the penalty is composed of three periods
prescribed by law, without, however, changing the
corresponding to different divisible penalties, divide the
minimum.
penalty into three equal parts. The duration of each of
the periods of the divisible penalties in Art 76 is not
EXAMPLE, REDUCING
controlling when the penalty prescribed is composed of
Fine imposed P200.00 --- P2,000.00 three periods corresponding to different divisible
1/4 of maximum P500.00
penalties.
One degree lower P200.00 --- P1,500.00
Two degrees lower P200.00 ---P1,000.00
d) The division of arresto mayor into three equal periods
does not follow the rule.
EXAMPLE, INCREASING
Fine imposed P200.00 --- P2,000.00
e) PERIOD v DEGREE
1/4 of maximum P500.00
Period Degree
One degree higher P200.00 --- P2,500.00
Each of the three equal Diverse penalies
Two degrees higher P200.00 ---P3,000.00
parts of a divisible mentioned by name in
penalty the RPC
c) The basis for the reduction of the first and second degree
must necessarily be the penalty prescribed by law for the
consummated felony.
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ARTICLE 77. When the Penalty is a Complex One Composed of

Three Distinct Penalties. — In cases in which the law prescribes
a penalty composed of three distinct penalties, each one shall
form a period; the lightest of them shall be the minimum, the
next the medium, and the most severe the maximum period.
Whenever the penalty prescribed does not have one of the

forms specially provided for in this book, the periods shall be
distributed, applying by analogy the prescribed rules.
COMPLEX PENALTY. A penalty prescribed by law composed of

three distinct penalties, each forming a period; the lightest of them
shall be the minimum, the next the medium, and the most severe
the maximum period.
e.g. Reclusion temporal to death

Maximum --- Death
Medium --- Reclusion perpetua
Minimum --- Reclusion temporal
Prision mayor to death

Maximum --- Death
Medium --- Reclusion perpetua
Minimum --- Prision mayor and reclusion temporal
Reclusion temporal (medium) to reclusion perpetua

Maximum --- Reclusion perpetua
Medium --- Reclusion temporal (maximum)
Minimum --- Reclusion temporal (medium)
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ACT NO. 4103

(As Amended by Act No. 4225 and SECTION 5. It shall be the duty of the Board of Indeterminate
Republic Act No. 4203 [June 19, 1965]) Sentence to look into the physical, mental and moral record of
the prisoners who shall be eligible to parole and to determine
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND the proper time of release of such prisoners. Whenever any
PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY prisoner shall have served the minimum penalty imposed on
THE COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD him, and it shall appear to the Board of Indeterminate Sentence,
OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS from the reports of the prisoner's work and conduct which may
THEREFOR; AND FOR OTHER PURPOSES. be received in accordance with the rules and regulations
prescribed, and from the study and investigation made by the
Board itself, that such prisoner is fitted by his training for release,
SECTION 1. Hereafter, in imposing a prison sentence for an that there is a reasonable probability that such prisoner will live
offense punished by the Revised Penal Code, or its and remain at liberty without violating the law, and that such
amendments, the court shall sentence the accused to an release will not be incompatible with the welfare of society, said
indeterminate sentence the maximum term of which shall be Board of Indeterminate Sentence may, in its discretion, and in
that which, in view of the attending circumstances, could be accordance with the rules and regulations adopted hereunder,
properly imposed under the rules of the said Code, and the authorize the release of such prisoner on parole, upon such
minimum which shall be within the range of the penalty next terms and conditions as are herein prescribed and as may be
lower to that prescribed by the Code for the offense; and if the prescribed by the Board. The said Board of Indeterminate
offense is punished by any other law, the court shall sentence Sentence shall also examine the records and status of prisoners
the accused to an indeterminate sentence, the maximum term who shall have been convicted of any offense other than those
of which shall not exceed the maximum fixed by said law and named in Section 2 hereof, and have been sentenced for more
the minimum shall not be less than the minimum term prescribed than one year by final judgment prior to the date on which this
by the same. Act shall take effect, and shall make recommendation in all
such cases to the Governor-General with regard to the parole
SECTION 2. This Act shall not apply to persons convicted of of such prisoners as they shall deem qualified for parole as
offenses punished with death penalty or life-imprisonment; to herein provided, after they shall have served a period of
those convicted of treason, conspiracy or proposal to commit imprisonment not less than the minimum period for which they
treason; to those convicted of misprision of treason, rebellion, might have been sentenced under this Act for the same offense.
sedition or espionage; to those convicted of piracy; to those
who are habitual delinquents; to those who have escaped from SECTION 6. Every prisoner released from confinement on parole
confinement or evaded sentence; to those who having been by virtue of this Act shall, at such times and in such manner as
granted conditional pardon by the Chief Executive shall have may be required by the conditions of his parole, as may be
violated the terms thereof; to those whose maximum term of designated by the said Board for such purpose, report
imprisonment does not exceed one year, not to those already personally to such government officials or other parole officers
sentenced by final judgment at the time of approval of this Act, hereafter appointed by the Board of Indeterminate Sentence for
except as provided in Section 5 hereof. a period of surveillance equivalent to the remaining portion of
the maximum sentence imposed upon him or until final release
SECTION 3. There is hereby created a Board of Pardons and and discharge by the Board of Indeterminate Sentence as
Parole to be composed of the Secretary of Justice who shall be herein provided. The officials so designated shall keep such
its Chairman, and four members to be appointed by the records and make such reports and perform such other duties
President, with the consent of the Commission on Appointments hereunder as may be required by said Board. The limits of
who shall hold office for a term of six years: Provided, That one residence of such paroled prisoner during his parole may be
member of the board shall be a trained sociologist, one a fixed and from time to time changed by the said Board in its
clergyman or educator, one psychiatrist unless a trained discretion. If during the period of surveillance such paroled
psychiatrist be employed by the board, and the other members prisoner shall show himself to be a law-abiding citizen and shall
shall be persons qualified for such work by training and not violate any of the laws of the Philippine Islands, the Board of
experience. At least one member of the board shall be a Indeterminate Sentence may issue a final certificate of release
woman. Of the members of the present board, two shall be in his favor, which shall entitle him to final release and
designated by the President to continue until December thirty, discharge.
nineteen hundred and sixty-six and the other two shall continue
until December thirty, nineteen hundred and sixty-nine. In case SECTION 7. The Board shall file with the court which passed
of any vacancy in the membership of the Board, a successor judgment on the case, and with the Chief of Constabulary, a
may be appointed to serve only for the unexpired portion of the certified copy of each order of conditional or final release and
term of the respective members. discharge issued in accordance with the provisions of the next
preceding two sections.
SECTION 4. The Board of Pardons and Parole is authorized to
adopt such rules and regulations as may be necessary for SECTION 8. Whenever any prisoner released on parole by virtue
carrying out its functions and duties. The Board is empowered to of this Act shall, during the period of surveillance, violate any of
call upon any bureau, office, branch, subdivision, agency or the conditions of his parole, the Board of Indeterminate
instrumentality of the Government for such assistance as it may Sentence may issue an order for his re-arrest which may be
need in connection with the performance of its functions. A served in any part of the Philippine Islands by any police officer.
majority of all the members shall constitute a quorum and a In such case the prisoner so re-arrested shall serve the
majority vote shall be necessary to arrive at a decision. Any remaining unexpired portion of the maximum sentence for
dissent from the majority opinion shall be reduced to writing and which he was originally committed to prison, unless the Board of
filed with the records of the proceedings. Each member of the Indeterminate Sentence shall, in its discretion, grant a new
Board, including the Chairman and the Executive Officer, shall parole to the said prisoner.
be entitled to receive as compensation fifty pesos for each
meeting actually attended by him, notwithstanding the
provisions of Section two hundred and fifty-nine of the Revised
Administrative Code, and in addition thereto, reimbursement of
actual and necessary traveling expenses incurred in the
performance of duties: Provided, however, That the Board
meetings will not be more than three times a week.
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a) The court must, instead of a single fixed penalty, EXAMPLE:

determine two penalties referred to as the minimum and A is convicted for falsification penalized by prision
maximum. mayor. Here is one mitigating circumstance of plea
of guilty.
b) If the offense is punished by any other law, the court shall
sentence the accused to an indeterminate sentence, Minimum Maximum
within the range of the imposed by RPC in
1. the maximum term of which shall not exceed the penalty next lower; do view of the attending
maximum fixed by said law, and not consider attending circumstances
2. the minimum shall not be less than the minimum circumstances
term prescribed by the same.
Anywhere within the Prision mayor
range of Prision (minimum)
EXAMPLE:
correcccional
A is convicted of illegal possession of firearms
2 years, 1 day 3 years
punishable by imprisonment from 1 year, 1 day to 5
3 years, 1 day 5 years
years
Minimum Maximum
not less than the not exceed the
EXAMPLES, INDETERMINATE PENALTY
minimum fixed by said maximum fixed by said
BASED OF ARTICLES 48, 61, 64, 68, 69, ETC
law law
1 year, 1 day 5 years
2 years, 1 day 4 years 1. When neither mitigating not aggravating circumstance
2 years, 1 day 3 years attended the commission of the crime
3 years, 1 day 5 years Crime Homicide
Penalty Reclusion Temporal
Mitigating
Aggravating
c) If offense is punished under the Revised Penal Code or its Minimum Maximum
within the range of the penalty imposed by RPC in view of the
amendments, the court shall sentence the accused to next lower; do not consider attending circumstances
an indeterminate sentence attending circumstances
Anywhere within the Reclusion temporal
1. the maximum term shall be that which could be range of Prision mayor (medium)
Since no attending
properly imposed under the rules of the RPC in view
circumstance
of the attending circumstances, and
2. the minimum which shall be within the range of the
penalty next lower to that prescribed by the Code
2. When there is one ordinary mitigating circumstance
for the offense
Crime Homicide
Penalty Reclusion Temporal
- In determining the minimum term, it is left
Mitigating Plea of guilty
entirely within the discretion of the court to fix. Aggravating
Minimum Maximum
- The court cannot put the minimum penalty in within the range of the penalty imposed by RPC in view of the
the same period and same degree as the next lower; do not consider attending circumstances
attending circumstances
maximum penalty; the minimum should be
within the range of the penalty next lower range of Prision mayor (minimum)
Because of mitigating
- Penalty next lower is based on the penalty circumstance
prescribed by the Code without considering
the modifying circumstances
3. When there is only an aggravating circumstance
- Mitigating or aggravating circumstances is Crime Homicide
considered only on in the imposition of the Penalty Reclusion Temporal
maximum term of the indeterminate sentence. Mitigating
Aggravating Insult or in disregard of respect on
- When there is a privileged mitigating account of rank or age
circumstance, so that the penalty has to be Minimum Maximum
lowered by one degree, the starting point for next lower; do not consider attending circumstances
determining the minimum term of the attending circumstances
indeterminate penalty is the penalty next lower Anywhere within the Reclusion temporal
from that prescribed by the Code. range of Prision mayor (maximum)
Because of aggravating
circumstance
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4. When there are mitigating and aggravating 7. When the accused is convicted of a complex crime and
circumstances there are two mitigating without any aggravating
Crime Homicide circumstance
Penalty Reclusion Temporal Crime Estafa through falsification by a
Mitigating Voluntary surrender, plea of guilty public officer
Aggravating Nighttime Penalty Prision mayor
Minimum Maximum - Lowered by one degree
within the range of the penalty imposed by RPC in view of the because of two mitigating
next lower; do not consider attending circumstances
circumstances: Prision
correccional
- To be imposed in maximum
range of Prision mayor (minimum)
There will be an offset of
since complex: Prision
aggravating and mitigating correccional (maximum)
circumstances
Mitigating Voluntary surrender, plea of guilty
Aggravating
5. When crime committed is complex under Art 48 Minimum Maximum
Crime Complex Crime of frustrated next lower; do not consider attending circumstances
homicide with assault upon an attending circumstances
angent of a person in authority Anywhere within the Prision correccional
Penalty Reclusion Temporal range of Arresto mayor (maximum)
[but must be one degree lower since One degree lower;
frustrated: Prision mayor] Complex Crime
Mitigating
Aggravating ►The penalty next lower should be determined without
Minimum Maximum regard as to whether the penalty imposed by RPC should
within the range of the penalty imposed by RPC in view of the be applied in its maximum, medium or minimum period
next lower; do not consider attending circumstances
attending circumstances due to circumstances modifying liability.
Prision correccional Prision mayor
(maximum) (maximum)  Exceptions
Because of Art 48, complex a. When the number of mitigating circumstances
crime is such as to entitle the accused to the penalty
*in complex crimes, the penalty imposed is the penalty next lower in degree, this penalty should be the
provided for the most serious offense in its maximum starting point for the determination of the
period minimum of the indeterminate penalty.
6. When the penalty is next lower by two degrees than that b. When there is a privileged mitigating
prescribed by law for the crime threatened and there is circumstance (e.g. minority), the penalty next
one aggravating circumstance lower in degree should be the starting point in
Crime Attempted homicide determining the minimum of the indeterminate
Penalty Reclusion Temporal penalty.
[but must be two degrees lower since
attempted: Prision mayor] Proper method
Mitigating a. Start from the penalty imposed by the RPC
Aggravating Insult or in disregard of the respect on
(reclusion temporal)
account of rank or age
b. Apply the privileged mitigating circumstance
Minimum Maximum
and determine the penalty immediately inferior
next lower; do not consider attending circumstances in degree (minority, hence, prision mayor)
c. Apply the same in its maximum degree (prision
Anywhere within the Prision correccional mayor, maximum)
range of Arresto mayor (maximum)
d. But within the minimum range because of the
Because of aggravating
circumstance mitigating circumstance (minimum range of
prision mayor maximum)
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8. When there are privileged mitigating and ordinary 11. When there is incomplete defense with two ordinary MC
mitigating circumstances and without any AC
Crime Murder Crime Homicide
Penalty Reclusion temporal (max) to death Penalty Reclusion temporal
- Next lower in degree is - Lower by two degrees
prision mayor (max) to because of two privileged
reclusion temporal (med) MC: prision correccional
- Impose the lowest range - Further reduced by another

because of mitigating: degree because of two
prision mayor (max) ordinary MC: arresto mayor
Mitigating Minor, plea of guilty Mitigating Incomplete Self-defense,

Aggravating Obfuscation, Voluntary Surrender
Minimum Maximum Aggravating
within the range of the penalty imposed by RPC in view of the Minimum Maximum
next lower; do not consider attending circumstances within the range of the penalty imposed by RPC in view of the
attending circumstances next lower; do not consider attending circumstances
Prision correccional prision mayor attending circumstances
(maximum) (maximum) Arresto mayor Prision correccional
to Prision mayor (medium) (medium)
(medium)
= Prision temporal maximum = 12. When the penalty prescribed by RPC is reclusion
4 years, 2 months, 1 day 10 years, 1 day --- 12 years
temporal (max) to death; and there are two or more MC
--- 10 years
but no AC
Hence, the sentence imposed by the court which is from Crime Murder
5 to 10 years is within the limit of the penalty prescribed Penalty Reclusion temporal (maximum) to
death
by law.
- Impose the next lower
penalty: prision mayor (max)
9. When there are two privileged mitigating and ordinary to reclusion temporal (med)
mitigating circumstances
Crime Homicide - Impose the medium period
Penalty Reclusion temporal since MC were already
- Lower by two degrees absorbed in lowering by
because of two privileged one degree: MEDIUM
MC: prision correccional PERIOD of prision mayor
(max) to reclusion temporal
- Impose the lowest range (med)
because of ordinary MC:
prision correccional Mitigating Plea of guilty, voluntary surrender
(minimum) Aggravating Treachery
Minimum Maximum
Mitigating Minority, incomplete self –defense, within the range of the penalty imposed by RPC in view of the
voluntary surrender next lower; do not consider attending circumstances
Aggravating
Anywhere within the MEDIUM PERIOD of
Minimum Maximum
range of Prision prision mayor
next lower; do not consider attending circumstances correccional (maximum) (maximum)
attending circumstances to prision mayor to reclusion temporal
Anywhere within the prision correccional (medium) (medium)
range of Arresto mayor (minimum)
13. When the crime committed is robbery in inhabited house,
10. When there is incomplete defense, without any ordinary and the penalty is to be lowered by one degree
mitigating or aggravating circumstance Crime Robbery in an inhabited house
Crime Homicide Penalty Reclusion temporal
Penalty Reclusion temporal - Pursuant to Article 299*,
- Lower by two degrees impose the penalty next
because of privileged MC: lower in its minimum: Prision
prision correccional mayor (min)
Mitigating Incomplete self-defense Mitigating Plea of guilty

Aggravating Aggravating
Minimum Maximum Minimum Maximum
within the range of the penalty imposed by RPC in view of the within the range of the penalty imposed by RPC in view of the
next lower; do not consider attending circumstances next lower; do not consider attending circumstances
attending circumstances attending circumstances
Arresto mayor prision correccional Anywhere within the MEDIUM PERIOD of
(medium) (medium) range of Prision mayor Prision mayor (minimum)
*Correlate with Article 69 (Penalty to be imposed when
the crime committed is not wholly excusable is one to *Article 299. When said offenders do not carry arms and
two degrees lower) the value of the property taken does not exceed 250
pesos, they shall suffer the penalty next lower in degree,
in its minimum period.
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14. When applied to estafa 6. those whose maximum term of imprisonment does
Article 315. If such amount exceeds P22,000.00, the not exceed one year,
penalty (prisión correccional in its maximum period to - The application of the ISLaw is based on the
prisión mayor in its minimum period) provided in this penalty actually imposed; (e.g. punishable by 6
paragraph shall be imposed in its maximum period, months, 1 day to six years but court imposed
adding one year for each additional 10,000 pesos; but only six months, 1 day, then, ISLaw does not
the total penalty which may be imposed shall not apply)
exceed twenty years.
7. those who, upon the approval of the law (5
Crime Estafa (exceeds P22,000) December 1933), had not been sentenced by final
Penalty Prision correccional (max) to prision judgment
mayor (min)
- Pursuant to Article 299*, 8. those sentenced to the penalty of destierro or
impose the penalty next suspension.
lower in its minimum: Prision - ISLaw applies only to those punished with
mayor (min) imprisonment exceeding one year; there is no
imprisonment in destierro and suspension
Mitigating Plea of guilty
Aggravating
Minimum Maximum
within the range of the penalty imposed by RPC in view of the f) REASONS FOR FIXING MINIMUM AND MAXIMUM
next lower; do not consider attending circumstances PENALTIES
1. Whenever any prisoner shall have served the
Anywhere within the MAXIMUM PERIOD of minimum penalty imposed on him, and it shall
range of Prision Prision correccional
appear to the Board of Indeterminate Sentence
correccional (minimum (maximum) to prision
that such prisoner is fitted for release, said Board
to medium) mayor (minimum)
may authorize the release of such prisoner on
COMPUTING INCREMENTAL PENALTY parole, upon such terms and conditions as may be
a. The amount defrauded shall be subtracted by prescribed by the Board.
P22,000.00
b. The difference shall be divided by P10,000.00 2. Whenever such prisoner released on parole shall,
c. Any fraction of a year shall be discarded (People v during the period of surveillance, violate any of the
Pabalan) conditions of his parole, the Board may issue an
order for his arrest. In such case, the prisoner is
d) If the application of the Indeterminate Sentence Law is rearrested and shall serve the unexpired portion of
NOT FAVORABLE TO THE ACCUSED resulting to the maximum sentence.
lengthening his sentence, the law should not be applied.
3. Even if a prisoner has already served the minimum,
e) Indeterminate Sentence Law shall NOT APPLY to but he is not fitted for release on parole, he shall
1. persons convicted of offenses punished with death continue to serve imprisonment undetil the end of
penalty or life-imprisonment; (only when death is the maximum.
imposed as the penalty by the court)
 if the offense is “punishable” by death but g) BOARD OF PARDONS AND PAROLE
death was not imposed (and another penalty 1. Composition
was imposed), ISLaw is applicable. a. Secretary of Justice who shall be its Chairman,
2. those convicted of b. four members to be appointed by the

a. treason, conspiracy or proposal to commit President, with the consent of the Commission
treason; on Appointments who shall hold office for a
b. misprision of treason, rebellion, sedition or term of six years:
espionage; 1) one member of the board shall be a
c. piracy; trained sociologist,
2) one a clergyman or educator,
3. those who are habitual delinquents; 3) one psychiatrist unless a trained
 however, recidivists are entitled to ISLaw psychiatrist be employed by the board,
and
4. those who have escaped from confinement or 4) other members shall be persons qualified
evaded sentence; for such work by training and experience.
- includes violating destierro
 does not include confinement which are not - At least one member of the board shall be a
considered imprisonment (e.g. Philippine woman.
Training School for Boys, National Mental - Of the members of the present board, two shall
Hospital) be designated by the President to continue
until December 30, 1966 and the other two shall
5. those who violated the terms of conditional pardon continue until December 30, 1969. [three year
granted to them by the Chief Executive; gap]
- In case of any vacancy in the membership of
the Board, a successor may be appointed to
serve only for the unexpired portion of the term
of the respective members.
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2. Powers b. The limits of residence of such paroled prisoner

a. authorized to adopt such rules and regulations during his parole may be fixed and from time to
as may be necessary for carrying out its time changed by the said Board in its discretion.
functions and duties;
b. empowered to call upon any bureau, office, c. If during the period of surveillance such paroled
branch, subdivision, agency or instrumentality prisoner shall show himself to be a law-abiding
of the Government for such assistance as it may citizen and shall not violate any of the laws, the
need in connection with the performance of its Board may issue a final certificate of release in
functions. his favor, which shall entitle him to final release
and discharge.
3. Meetings & Decision Making
a. A majority of all the members shall constitute a d. The Board shall file with the court which passed
quorum judgment on the case, and with the Chief of
b. A majority vote shall be necessary to arrive at a Constabulary, a certified copy of each order of
decision. conditional or final release and discharge
c. Any dissent from the majority opinion shall be issued in accordance with the provisions of the
reduced to writing and filed with the records of next preceding two sections.
the proceedings.
d. The Board meetings will not be more than three e. Whenever any prisoner released on parole
times a week. shall, during the period of surveillance, violate
any of the conditions of his parole, the Board
h) BOARD OF INDETERMINATE SENTENCE may issue an order for his re-arrest. In such case,
1. Look into the physical, mental and moral record of the prisoner re-arrested shall serve the
the prisoners who shall be eligible to parole and to remaining unexpired portion of the maximum
determine the proper time of release of such sentence for which he was originally committed
prisoners. to prison, unless the Board shall grant a new
parole to the said prisoner.
2. May, in its discretion authorize the release of such
prisoner on parole,
a. whenever any prisoner shall have served the
minimum penalty imposed on him, and
b. it shall appear from the reports of the prisoner's
work and conduct and from the study and
investigation made by the Board:
- that such prisoner is fitted by his training for
release,
- that there is a reasonable probability that
such prisoner will live and remain at liberty
without violating the law, and
- that such release will not be incompatible
with the welfare of society
c. upon such terms and conditions as are herein
prescribed and as may be prescribed by the
Board
3. For purposes of recommending to the President the

parole of prisoners qualified for parole after they
serve a period of imprisonment not less than the
minimum period for which they might have been
sentenced under this Act for the same offense,
Board shall examine the records and status of
a. prisoners who shall have been convicted
of any offense other than those named in
Section 2
b. have been sentenced for more than one
year by final judgment prior to the
effectivity of the Act
.
4. RULES ON THE GRANT OF PAROLE
a. As may be required by the conditions of his
parole, every prisoner released from
confinement on parole shall report personally
to such government officials or other parole
officers appointed by the Board for a period of
surveillance equivalent to the remaining
portion of the maximum sentence imposed
upon him or until final release and discharge by
the Board.
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PRESIDENTIAL DECREE NO. 968, h) POST-SENTENCE INVESTIGATION

AS AMENDED BY PRESIDENTIAL DECREE NO. 1257, 1. No person shall be placed on probation except
AND AS FURTHER AMENDED BY upon prior investigation by the probation officer and
BATAS PAMBANSA BLG. 76 AND a determination by the court that the ends of justice
PRESIDENTIAL DECREE NO. 1990 and the best interest of the public as well as that of
the defendant will be served.
ESTABLISHING A PROBATION SYSTME, APPROPRIATING FUNDS
2. The probation officer must submit the investigation
THEREFORE AND FOR OTHER PURPOSES
report not later than 60 days and the court to resolve
the application for probation not later than 15 days
PROBATION is a disposition under which a defendant after
after the receipt of the report.
conviction and sentence, is released subject to conditions
3. Pending submission of the investigation report and
imposed by the court and to the supervision of a probation officer.
the resolution of the petition, the defendant may be
allowed on temporary liberty
PROBATIONER. A person placed on probation.
4. Defendant may be released on recognizance to the
custody of a responsible member of the community,
PROBATION OFFICER. One who investigates for the court a referral
in case where:
for probation or supervises a probationer or both.
a. No bail was filed
b. Defendant is incapable of filing a bail
PROBATION LAW.
a. Applies to all offenders except those entitled to the
i) CRITERIA FOR PLACING AN OFFENDER IN PROBATION
benefits under the provisions of PD 630 (Child and Youth
1. All information relative to
Welfare Code?) and similar laws
a. Character
b. Antecedents
b. PURPOSE
c. Environment
1. Promote the correction and rehabilitation of an
d. Mental condition and
offender by providing him with individualized
e. Physical condiction of the offender, and
treatment
2. Available institutional and community resources.
2. Provide an opportunity for the reformation of a
penitent offender which might be less probable if
j) PROBATION SHALL BE DENIED IF
he were to serve a prison sentence, and
1. The offender is in need of correctional treatment that
3. Prevent the commission of offenses.
can be provided most effectively by his
commitment to an institution, or
SALIENT PROVISIONS
2. There is undue risk that during the period of
a) After conviction and upon application of the defendant,
probation, the offender will commit another crime,
within the period of perfecting and appeal, the court shall
or
suspend the execution of the sentence and place the
3. Probation will depreciate the seriousness of the
defendant on probation for such period.
offense committed.
 No application for probation shall be granted if
the defendant has perfected the appeal.
k) OFFENDERS DISQUALIFIED FROM PROBATION
1. Those sentenced to serve a maximum term of
b) If the judgment of conviction imposing non-
imprisonment of more than six (6) years
probationable penalty is appealed and subsequently
modified into a probationable penalty, the defendant
2. Those convicted of any crime against the national
shall be allowed to apply for probation based on the
security
modified decision before such decision becomes final.
1. The trial court shall suspend the execution of the
3. Those who have previously been convicted by final
sentence imposed upon receipt of application for
judgment of an offense punished by imprisonment
probation.
of more than six (6) months and one (1) day and/or
2. Accused shall lose the benefit of probation should
for more than one thousand pesos (Php1,00.00)
he seek a review of the modified decision which
already imposes a probationable penalty.
4. Those who have been once on probation under the
provisions of this Decree
c) Probation may be granted whether the sentence
imposes a term of imprisonment of fine only.
5. Those who are already serving sentence at the time
the substantive provisions of this Decree became
d) An application for probation shall be filed with the trial
applicable
court.
l) CONDITIONS OF PROBATION
e) The filing of the application for probation shall be
1. Mandatory Conditions
deemed as waiver of the right to appeal.
a. Present himself to the probation officer
designated to undertake his supervision at such
f) An order granting or denying probation shall not be
place as may be specified in the order within 72
appealable.
hours from receipt of the order
g) An order placing defendant on “probation” is not a
b. Report to the probation officer at least once a
“sentence” but a suspension on the imposition of
month at such time and place as specified by
sentence in effect. It is an “interlocutory judgment.”
said officer
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2. Special or Discretionary Conditions r) TERMINATION OF PROBATION. After the period of

a. Those enumerated in Section 10 of the probation, the court may order the final discharge of the
Probation Law; not inclusive probationer upon finding that he has fulfilled the terms
b. Should be realistic, purposive and geared help and conditions of his probation and thereupon, the case
the probationer develop into a law-abiding is deemed terminated.
and self-respecting individual
1. Final discharge will restore to the probationer all civil
N.B. The court may not impose as a condition rights lost or suspended as a result of his conviction
for the grant of probation that the probationer and totally extinguish criminal liability as to the
should refrain from continuing her teaching offense the probation was granted.
profession.  Extinction of criminal liability does not
necessarily extinguish the civil liability. The court
m) A probation order shall take effect upon its issuance. must hear the civil aspect.
n) Accessory penalties are deemed suspended once 2. The expiration of the probation period does not
probation is granted. automatically terminate probation. There must first
be issued by the court an order of final discharge
o) VIOLATION OF PROBATION ORDER based on the report and recommendation of the
1. Circumstances probation officer.
a. Upon the failure of probationer to comply with
any of the conditions prescribed in the s) The investigation report and supervision history shall be
probation order, or privileged and shall not be disclosed directly or indirectly
b. Upon his commission of another offense except to:
1. The Probation Administration
2. Upon violation of the probation order, the 2. The Court
probationer shall serve the penalty imposed for the 3. The probationer or his attorney, in the discretion
offense under which he was placed for probation of the court (whenever disclosure will be
desirable for the best interest of the
p) PERIOD OF PROBATION probationer)
Sentence Period of Probation 4. Any government office or agency engaged in
Imprisonment of not Not to exceed two (2) the correction or rehabilitation of offenders, if
more than one (1) year years necessary
Imprisonment beyond Not to exceed six (6)
one (1) year years t) PROBATION ADMINISTRATION
Fine only with subsidiary Not less than nor be 1. Under the Department of Justice
imprisonments more than twice the 2. Exercise general supervision over all probationers
total number of days of 3. Headed by a Probation Administrator appointed by
subsidiary imprisonment
the President who shall hold office during good
(from x to 2x)
behavior and shall not be removed except for
cause
q) At any times during the probation, the court may issue a
4. There is also an Assistant Probation Administrator
warrant for the arrest of probationer for any serious
appointed by the President who shall assist the
violation of the conditions of the probation. Once
Administrator
arrested, he shall immediately be brought before the
5. The Administration have regional offices headed by
court for hearing.
Regional Probation Officers, and Provincial/City
1. The violation of the conditions of probation must be
Probation Officers
serious to justify the issuance of warrant of arrest.
u) VOLUNTEER PROBATION ASSISTANTS. Citizens of good

2. The defendant may be admitted to bail pending
repute and probity who have the willingness, aptitude
hearing.
and capability appointed by the Probation Administrator
to assist the Chief Probation and Parole Officers; shall not
3. The hearing is summary in nature, but the
receive any regular compensation aside from
probationer shall have the right to be informed of
transportation and meal allowances
the violation charged and to adduce evidence in
his favor.
4. Court is not bound by technical rules of evidence.
5. If the violation is established, the court may revoke

or continue his probation and modify its conditions.
6. If revoked, the court shall order the probationer to

serve the sentence originally imposed.
7. The order revoking the grant of probation or

modifying the terms and conditions thereof is not
appealable.
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SECTION 106
ADMINISTRATIVE CODE FOR
THE DEPARTMENT OF MINDANAO AND SULU
SECTION 106. Sentences upon Moros and Non-Christians. – In

pronouncing sentence upon a Moro or other non-Christian
inhabitants of the Department convicted of crime or
misdemeanor, the judge or justice may ignore any minimum
penalty provided by law for the offense, and may impose such
penalty not in excess of the highest penalty provided by law,
as, in his opinion, after taking into consideration all the
circumstances of the case, including the state of enlightenment
of the accused and the degree of moral turpitude which
attaches to the offense among his own people, will best
subserve the interest of justice. The judge or justice may also, in
his discretion at any time before the expiration of the period
allowed for appeal, suspend the execution of any penalty or
part thereof so imposed, subject to such conditions as he may
prescribe.
a) Under Section 106, the court is granted discretion to

impose the proper penalty against Moros and other non-
Christians without following a fixed rule.
b) PERSONS COVERED
1. Moros
2. Other non-Christian inhabitants of Mindanao and
Sulu
3. Igorots (People v Cawol)
c) FACTORS CONSIDERED BY THE COURT to justify the penalty

to be imposed that will best serve the interest of justice
1. Circumstances of the case
2. Degree of instruction
3. Nature of crime committed
d) The application of Section 106 of the Administrative

Code of Mindanao and Sulu is discretionary to the court.
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CHAPTER FIVE EFFECT OF TIME AN ACCUSED BECAME INSANE

EXECUTION AND SERVICE OF PENALTIES Time of Becoming Insane Effect
At the time of the Exempt from criminal liability
SECTION ONE commission of the offense
GENERAL PROVISIONS At the time of trial Proceedings are suspended and
is confined in a hospital until he
ARTICLE 78. When and How a Penalty is to Be Executed. — No recovers his reason
penalty shall be executed except by virtue of a final judgment. At the time of final Execution of sentence shall be
judgment suspended with regard to
A penalty shall not be executed in any other form than that personal penalty only
prescribed by law, nor with any other circumstances or While serving sentence Execution of sentence shall be
incidents than those expressly authorized thereby. suspended with regard to
personal penalty only
In addition to the provisions of the law, the special regulations
prescribed for the government of the institutions in which the
penalties are to be suffered shall be observed with regard to the ARTICLE 80.
character of the work to be performed, the time of its
performance, and other incidents connected therewith, the Article 80 of the Revised Penal Code has been repealed by
relations of the convicts among themselves and other persons, Chapter III of PD 603 (The Child and Youth Welfare Code), and
the relief which they may receive, and their diet. RA 9344 (Juvenile Justice and Welfare Act of 2006), as amended
by RA 10630 (An Act Strengthening the Juvenile Justice System
The regulations shall make provision for the separation of the in the Philippines).
sexes in different institutions, or at least into different
departments, and also for the correction and reform of the CHILD. A person under eighteen (18) years
convicts.
CHILD IN CONFLICT WITH THE LAW. A child who is alleged as,
►Only penalty by final judgment can be executed. accused of, or adjudged as, having committed an offense under
 The accused may still appeal within 15 days from a Philippine laws
decisions promulgation.
 If the defendant has expressly waived in writing his ►The exemption from criminal liability does not include exemption
right to appeal, the judgment becomes final from civil liability which shall be enforced in accordance with
immediately. existing laws.
►If the judgment does not condemn the accused to suffer ►A child 15 years of age or under at the time of the commission
subsidiary imprisonment in case of insolvency, the accused cannot of the offense shall be exempt from criminal liability. The child shall
be required to suffer the same in case of inability to pay the fine be:
imposed. 1. immediately released to the custody of his/her parents or
guardian, or the child’s nearest relative, or
2. be subjected to a community-based intervention
ARTICLE 79. Suspension of the Execution and Service of the program,
Penalties in Case of Insanity. — When a convict shall become 3. unless the best interest of the child requires the referral of
insane or an imbecile after final sentence has been the child to a youth care facility or “Bahay Pag-asa.”
pronounced, the execution of said sentence shall be (i.e. if the child is dependent, abandoned, neglected or
suspended only with regard to the personal penalty, the abused by his/her parents)
provisions of the second paragraph of circumstance number 1
of article 12 being observed in the corresponding cases.
a) The minimum age for children committed to a youth care
facility or “Bahay Pag-asa” shall be twelve (12) years old.
If at any time the convict shall recover his reason, his sentence
shall be executed, unless the penalty shall have prescribed in
accordance with the provisions of this Code. b) If the child 15 years and below has no parents or
guardians or if they refuse or fail to execute the written
The respective provisions of this section shall also be observed authorization for voluntary commitments, the proper
if the insanity or imbecility occurs while the convict is serving his petition for involuntary commitment shall be immediately
sentence. filed by the DSWD or LSWDO.
RULES REGARDING EXECUTION AND SERVICE

OF PENALTIES IN CASE OF INSANITY ►A child above 15 years but below 18 years of age shall be
1. When a convict becomes insane or imbecile after final exempt from criminal liability and be subjected to an intervention
sentence has been pronounced, the execution of said program,
sentence is suspended only as regards the personal  unless he/she acted with discernment, in which case,
penalty. such child shall be subjected to the diversion
2. If he recovers his reason, his sentence shall be executed, proceedings.
unless the penalty has prescribed.
3. Even if while serving his sentence, the convict becomes DIVERSION PROGRAM FOR CHILDREN 15-18 Y/O
insane or imbecile, the above provision shall be WHO ACTED WITH DISCERNMENT
observed.
4. But the payment of his civil or pecuniary liabilities shall Where the imposable The law enforcement
not be suspended. penalty is not more than six officer or punong
year imprisonment barangay with the
assistance of the LSWDO
shall conduct mediation,
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family conferencing and of the judgment of conviction is not material. He shall

conciliation and, where be entitled to the right of restoration, rehabilitation
appropriate adopt modes and reintegration.
of conflict resolution in h. The automatic suspension of sentence applies to a
accordance with the best CICL found guilty of HEINOUS CRIME.
interest of the client.
►Child detained during trial may be released on bail or
The child and the family
recognizance. In all other cases and whenever possible, detention
shall be present in these
pending trial shall be replaced by alternative measures (i.e. close
activities.
supervision, intensive care or placement with a family or in an
In victimless crimes where The LSWDO shall meet with educational setting or home)
the imposable penalty is the child and his/her  Institutionalization or detention of the child pending trial
not more than six years parents or guardians for shall be used only as a measure of last resort and for the
imprisonment the development of the shortest possible period of time.
appropriate diversion and - A child must always be detained in youth detention
rehabilitation program homes established by local governments in the city
or municipality where the child resides.
Where the imposable Diversion measures may be - In the absence of youth detention home, the CICL
penalty for the crime resorted to only by the may be committed to the care of the DSWD or local
committed exceeds six court rehabilitation center recognized by government in
years imprisonment
the province, city or municipality within the
jurisdiction of the court
INSTANCES WHEN THERE IS NO DIVERSION
a. In such cases, the WCPD of the PNP or other law
►Upon recommendation of the social worker who has custody of
enforcement officer handling the case shall, within
the child, the court shall dismiss the case against the child and shall
eight fays from the determination of absence of
order the final discharge of the child if it finds that the objective of
jurisdiction over the case or termination of the
the disposition measures have been fulfilled.
diversion proceedings, forward the records of the
case to the prosecutor or judge for the conduct of
►The CICL shall be brought before the court for execution of
inquest and/or preliminary investigation to
judgment if:
determine whether or not the child should remain
1. The court finds that the objective of the disposition
under custody and correspondingly charged in
measures imposed upon the CICL have not been fulfilled,
court
or
2. The CICL has willfully failed to comply with the conditions
b. The prosecutor shall conduct a preliminary
of his disposition or rehabilitation program
investigation (and there is no diversion) when:
1) When the CICL does not qualify for diversion;
If said CICL has reached 18 years of age while under
2) When the child, his//her parents or guardian
suspended sentence, the court shall determine whether
does not agree to diversion; and
to discharged the child, or extend the suspended
3) When considering the assessment and
sentence for a certain specified period or until the child
recommendation of the LSWDO, the prosecutor
reaches the maximum age of 21 years.
determines that diversion is not appropriate for
the CICL
a) The CICL shall be credited in the service of his sentence
with the full time spend in actual commitment and
c. The information against the CICL shall be filed before
detention.
the Family Court within 45 days from the start of the
preliminary investigation. The information must
b) The court may place the CICL on probation in lieu of
allege that the child acted with discernment.
service of his sentence taking into account the best
interest of the child.
d. Once the child under 18 years of age at the time of
the commission of the offense is found guilty of the
►The expenses for the care and maintenance of a CICL under
offense charged, the court shall determine and
institutional care shall be borne by the parents or those persons
ascertain any civil liability which may have resulted
liable to support the child.
from the offense committed.
 In case the parents of those persons liable to support him
cannot pay all or part of said expenses:
e. Instead of pronouncing the judgment of conviction,
1. 1/3 of said expenses shall be shouldered by the
the court shall place the CICL under suspended
municipality where the offense was committed, 1/3
sentence without need for application, provided
shall be paid by the province to which the
however that the suspension of the sentence shall
municipality belongs, and 1/3 shall be borne by the
be applied even if the juvenile is already 18 years of
national government
age or more at the time of pronouncement of guilt.
2. Chartered cities shall pay 2/3 of said expenses.
f. Suspension of the sentence lasts only until the CICL
 In case chartered cities cannot pay said
reaches 21 years of age.
expenses, part of the IRA applicable to the
unpaid portion shall be withheld and applied
g. The law should extend even to an offender who
to the settlement of said obligations
exceeded the age limit of 21 years, so long as he
committed the crime when he was under 18 years.
3. In the event that the CICL is not a resident of the
The age of the child at the time of the promulgation
municipality/city where the offense was committed,
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the court may require the city/municipality where

the CICL resides to shoulder the cost
►A CICL may, after conviction and upon order of the court, be

made to serve his sentence in an agricultural camp and other
training facilities that may be established and controlled by the
Bureau of Corrections in coordination with DSWD.
►The parents shall be liable for damages

 Unless they prove that they were exercising reasonable
supervision over the child at the time the child committed
the offense and exerted reasonable effort and utmost
diligence to prevent or discourage the child from
committing another offense
a) The penalty prescribed by law for the crime committed

by a child shall be imposed against:
1. Any person who makes use, takes advantage of, or
profits from the use of children in the commission of
a crime
2. Any person who abuses his authority over the child
or who takes advantage of the vulnerabilities of the
child and shall induce, threaten or instigate the
commission of the crime with abuse of confidence
b) PD 603. Art 204. The fine not exceeding five hundred

pesos or imprisonment for a period not exceeding two
years, or both shall be imposed against a person whether
the parent or guardian of the child or not, who knowingly
or willfully:
1. Aids, causes, abets or connives with the commission
by a child of a delinquency, or
2. Does any act producing, promoting, or contributing
to a child’s being or becoming a juvenile delinquent
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SECTION TWO  If the death penalty was not executed by

EXECUTION OF PRINCIPAL PENALTIES reason of commutation or pardon, the validity
of the act or conveyance inter vivos may be
ARTICLE 81. When and how the death penalty is to be executed. assailed.
– The death sentence shall be executed with preference to any
other penalty and shall consist in putting the person under the ARTICLE 83. Suspension of the execution of the death sentence.
sentence to death by lethal injection. The death sentence shall - The death sentence shall not be inflicted upon a woman while
be executed under the authority of the Director of the Bureau of she is pregnant or within one (1) year after delivery, nor upon
Corrections, endeavoring so far as possible to mitigate the any person over seventy years of age. In this last case, the
sufferings of the person under the sentence during the lethal death sentence shall be commuted to the penalty of reclusion
injection as well as during the proceedings prior to the perpetua with the accessory penalties provided in Article 40.
execution.
In all cases where the death sentence has become final, the
The Director of the Bureau of Corrections shall take steps to records of the case shall be forwarded immediately by the
ensure that the lethal injection to be administered is sufficient to Supreme Court to the Office of the President for possible
cause the instantaneous death of the convict. exercise of the pardoning power.
(as mended by RA 7659)
Pursuant to this, all personnel involved in the administration of
lethal injection shall be trained prior to the performance of such WHEN DEATH SENTENCE IS SUSPENDED
task. Death sentence shall be suspended when the accused is:
1. Woman, while pregnant;
The authorized physician of the Bureau of Corrections, after
2. Woman, within one year after delivery;
thorough examination, shall officially make a pronouncement
of the convict's death and shall certify thereto in the records of 3. Person over 70 years of age
the Bureau of Corrections. - In order to give the President time to commute the
sentence into reclusion perpetua
The death sentence shall be carried out not earlier than one (1) 4. Convict who becomes insane after final sentence of
year nor later than eighteen (18) months after the judgment has death has been pronounced
become final and executory without prejudice to the exercise  When he recovers his reason and before the penalty
by the President of his executive clemency powers at all times. has prescribed, he may be put to death
(as amended by RA 7659 and RA 8177)
ARTICLE 83 v ARTICLE 47
►RA 9346 EXPRESSLY REPEALED RA 8177 WHICH PRESCRIBED LETHAL Article 83 Article 47
INJECTION. In view of the enactment of RA 9364, the death penalty Provides for suspension only of Provides for cases in which
may not be imposed. Thus, Articles 81085 of the RPC have no the execution of death death penalty is not to be
application. sentence imposed
1. Over 70 years old 1. Over than 70 years old
a) RA 8177. Approved on 20 march 1996 provides that 2. Pregnant woman and 2. Majority vote is not
death sentence shall be executed by means of lethal within one year after obtained in the Supreme
injection; prior to that, it was done by electrocution delivery Court upon appeal
3. Insane 3. Minor under 18 years
b) The death sentence shall be carried out not earlier than
one year nor later than 18 months after the judgment ►The RTC can suspend execution of death sentence after
becomes final and executory without prejudice to the judgment has become final. But the court cannot grant indefinite,
exercise of the President of his executive clemency permanent or conditional suspension of the execution of
powers. sentences pronounced in criminal cases.
►In all cases where the death sentence has become final, the
ARTICLE 82. Notification and Execution of the Sentence and records of the case shall be forwarded to the Office of the
Assistance to the Culprit. — The court shall designate a working President for possible exercise of the pardoning power.
day for the execution, but not the hour thereof; and such
designation shall not be communicated to the offender before ARTICLE 84. Place of Execution and Persons Who May Witness
sunrise of said day, and the execution shall not take place until the Same. — The execution shall take place in the penitentiary
after the expiration of at least eight hours following the of Bilibid in a space closed to the public view and shall be
notification, but before sunset. During the interval between the witnessed only by the priests assisting the offender and by his
notification and the execution, the culprit shall, in so far as lawyers and by his relatives, not exceeding six, if he so request,
possible, be furnished such assistance as he may request in by the physician and the necessary personnel of the penal
order to be attended in his last moments by priests or ministers establishment, and by such persons as the Director of Prisons
of the religion he professes and to consult lawyers, as well as in may authorized.
order to make a will and confer with members of his family or
persons in charge of the management of his business, of the ►The execution shall take place in the penitentiary or Bilibid in a
administration of his property, or of the care of his descendants. space closed to the public view.
a) A convict shall have the right to consult a lawyer and to PERSONS WHO MAY WITNESS EXECTION
make a will for the disposition of his property. 1. Priest assisting the offender
2. Offender’s lawyers
b) If convict was sentenced to death, he may dispose of his 3. Offender’s relatives, not exceeding six, if requested
properties by an act or conveyance inter vivos since if he 4. Physician
will be put to death subsequently, he will not be suffering 5. Necessary personnel of penal establishment
civil interdiction at the time he executed the act or  A person below 18 years may not be allowed to witness
conveyance. execution.
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ARTICLE 85. Provision Relative to the Corpse of the Person

Executed and Its Burial. — Unless claimed by his family, the
corpse of the culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be turned over to the
institute of learning or scientific research first applying for it, for
the purpose of study and investigation, provided that such
institute shall take charge of the decent burial of the remains.
Otherwise, the Director of Prisons shall order the burial of the
body of the culprit at government expense, granting permission
to be present thereat to the members of the family of the culprit
and the friends of the latter. In no case shall the burial of the
body of a person sentenced to death be held with pomp.
Where the corpse of the culprit goes (in order)

1. claimed by his family
2. be turned over to the institute of learning or scientific
research first applying for it, for the purpose of study and
investigation, provided that such institute shall take
charge of the decent burial of the remains
3. the Director of Prisons shall order the burial of the body of
the culprit at government expense, granting permission
to be present thereat to the members of the family of the
culprit and the friends of the latter.
►In no case shall the burial of the body of a person sentenced to

death be held with pomp.
- Penalized under Article 153
ARTICLE 86. Reclusión Perpetua, Reclusión Temporal, Prisión

Mayor, Prisión Correccional and Arresto Mayor. — The penalties
of reclusión perpetua, reclusión temporal, prisión mayor, prisión
correccional, and arresto mayor, shall be executed and served
in the places and penal establishments provided by the
Administrative Code in force or which may be provided by law
in the future.
ARTICLE 87. Destierro. — Any person sentenced to destierro shall

not be permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall be
not more than 250 and not less than 25 kilometers from the
place designated.
WHEN DESTIERRO IS IMPOSED

1. When death or serious physical injuries is caused or are
inflicted under exceptional circumstances (Art 247)
2. When a person fails to give bond for good behavior
3. As a penalty for the concubine in the crime of
concubinage
4. When after lowering the penalty by degrees and
destierro is the proper penalty
►Entering the prohibition are is considered evasion of the

sentence.
ARTICLE 88. Arresto Menor. — The penalty of arresto menor shall

be served in the municipal jail, or in the house of the defendant
himself under the surveillance of an officer of the law, when the
court so provides in its decision, taking into consideration the
health of the offender and other reasons which may seem
satisfactory to it.
►The penalty of arresto menor shall be served:

1. In the municipal jail, or
2. in the house of the defendant himself
(Conditions :)
a. under the surveillance of an officer of the law,
b. when the court so provides in its decision,
c. taking into consideration the health of the offender
and other reasons which may seem satisfactory to
it
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TITLE FOUR e) The right of an offended party to file a separate civil

EXTINCTION OF CRIMINAL LIABILITY action is not lost by prescription when the accused dies
pending appeal.
CHAPTER ONE
TOTAL EXTINCTION OF CRIMINAL LIABILITY f) Death of the offended party does not extinguish the
criminal liability of the offender.
ARTICLE 89. How Criminal Liability is Totally Extinguished. —
Criminal liability is totally extinguished:
2. By service of the sentence.
1. By the death of the convict, as to the personal
penalties; and as to pecuniary penalties, liability a) Service of sentence does not extinguish the civil liability.
therefor is extinguished only when the death of the
offender occurs before final judgment.
3. By amnesty, which completely extinguishes the penalty and
2. By service of the sentence. all its effects.
3. By amnesty, which completely extinguishes the a) AMNESTY. It is the act of the sovereign power granting
penalty and all its effects. oblivion or a general pardon for a past offense, and is
rarely, if ever exercised in favor of a single individual, and
4. By absolute pardon. is usually exerted in behalf of certain classes of persons,
who are subject to trial but have not yet been convicted
5. By prescription of the crime.
b) Amnesty completely extinguishes the penalty and all its
6. By prescription of the penalty. effects.
 Amnesty does not extinguish the civil liability of the
7. By the marriage of the offended woman, as provided offender.
in article 344 of this Code.
c) Amnesty may be granted after conviction.
►Extinction of criminal liability does not necessarily mean that civil
4. By absolute pardon.
liability is also extinguished.
a) PARDON. It is an act of grace proceeding from the power
1. By the death of the convict, as to the personal penalties; and entrusted with the execution of the laws which exempts
as to pecuniary penalties, liability therefor is extinguished only the individual on whom it is bestowed from the
when the death of the offender occurs before final judgment. punishment the law inflicts for the crime he has
committed.
a) The death of a convict, whether before or after
judgment, extinguishes criminal liability. b) KINDS OF PARDON
- Death also extinguishes pecuniary penalties only 1) Absolute Pardon
when death of the offender occurs before final 2) Conditional Pardon.
judgment.
c) Delivery is an indispensable requisite. The pardon must be
b) Civil liability exists only when the accused is convicted by accepted by the grantee, otherwise, it may be revoked
final judgment. Hence, as to pecuniary penalties: by the authority which granted it.
1) Death before final judgment extinguishes pecuniary
penalties d) In Adultery: If the President pardons the married woman,
2) Death after final judgment does not extinguish the pardon does not extinguish the liability of the male
pecuniary penalties adulterer. But if it is the spouse giving the pardon, both his
wife and the male adulterer must be pardoned.
c) FINAL JUDGMENT. Judgment beyond recall.
e) In Evasion of Sentence. One convicted of murder and
A judgment in a criminal case becomes final after the who evaded sentence and subsequently, was pardoned
lapse of the period for perfecting and appeal or when by the President for murder, is still liable for evasion of the
the sentence has been partially or totally satisfied or service of sentence.
served, or the defendant has expressly waived in writing
his right to appeal. AMNESTY v PARDON
Amnesty Pardon
d) Death of an accused pending appeal of his conviction
Blanket pardon to classes of Includes any crime and is
extinguishes his criminal liability as well as the civil liability
persons or communities who exercised individually by the
based solely on the offense committed.
may be guilty of political President
offenses
 The claim for civil liability based on law may also be
May be exercised even Exercised after conviction
made
before trial
e.g. in physical injuries, Art 33 of the Civil Code
Looks backward and Looks forward and relieves the
establishes a civil action for damages on account of
abolishes and obliterates the offender from the
physical injuries, entirely separate and distinct from
offense with which he is consequences of an offense
the criminal action.
charged of which he has been
convicted
 Claim for civil liability based on contract may also be
the person released by
made
amnesty stands before the Does not work the restoration
e.g. in estafa, when the civil liability springs neither
law precisely as though he of the rights to hold public
solely nor originally from the crime itself but from a
had committed no offense office or the right of suffrage,
civil contract of purchase and sale
unless such rights be expressly
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restored by the terms of the

pardon When the penalty fixed by law is a compound one, the highest
penalty shall be made the basis of the application of the rules
Makes an ex-convict no Does not alter the fact that contained in the first, second and third paragraphs of this
longer a recidivist the accused is a recidivist article.
(as amended by RA 4661)
A public act being a A private act of the President
Proclamation by the President Crime Prescription
concurred by Congress Must be pleased and proved Punishable by death, reclusion perpetua or Twenty years
by the person pardoned reclusion temporal
Courts should take judicial Punishable by other afflictive penalties Fifteen years
notice Punishable by correctional penalty, except Ten years
arresto mayor (includes destierro)
Does not extinguish civil Does not extinguish civil Punishable by Arresto mayor Five years
liability liability Libel or other similar offense One year
Oral defamation and slander Six months
Light offenses Two months
5. By prescription of the crime. Penalty fixed by law is compound Prescription for
the highest
a) By prescription, the State of the People loses the right to penalty
prosecute the crime or to demand the service of the
penalty imposed.
Fine Prescription
b) PRESCRIPTION OF THE CRIME. The forfeiture or loss of the Afflictive (more than P6,000.00) 15 years
right of the State to prosecute the offender after the Correctional (P200.00 – P6,000.00) 10 years
lapse of a certain time Light (less than P200.00) 2 months
6. By prescription of the penalty. a) The provision of RA 4661 which reduces the prescriptive
period of the crime of libel or other similar offenses from
a) TWO CONDITIONS NECESSARY IN PRESCRIPTION OF two years to one year, shall not apply to cases of libel
PENALTY already filed in court at the time of its approval (18 June
1) That there be final judgment 1966).
2) That the period of time prescribed by law for its
enforcement has elapsed
b) In computing the period of prescription, the first day is to
be excluded and the last day included.
7. By the marriage of the offended woman, as provided in article
344 of this Code. c) Where the last day of the prescriptive period for filing an
information falls on a Sunday or legal holiday, the
a) Applicable in the crimes of rape, seduction, abduction information can no longer be filed on the next day as the
or acts of lasciviousness crime has already prescribed.
b) The marriage must be contracted by the offender in d) Distinction should be made between simple and grave
good faith. Hence, marriage contracted only to avoid slander.
criminal liability is devoid of legal effects. 1. Simple slander prescribes in two months
2. Grave slander prescribed in six months
Final Discharge of Probationer e) Crimes punishable by arresto menor or a fine not

a) The final discharge of probationer shall operate to restore exceeding P200.00 prescribe in two months (60 days).
to him all civil rights lost or suspended as a result of his
conviction as to totally extinguish his criminal liability as to f) When the penalty is a compound one, the highest
the offence for which probation was granted. penalty is the basis for the application of Art 90.
e.g.
ARTICLE 90. Prescription of crimes.— Crimes punishable by compound penalty: arresto mayor (maximum) to prision
death, reclusion perpetua or reclusion temporal shall prescribe correccional (minimum); prision correccional is the basis,
in twenty years.1avvphi1 prescription is ten years
Crimes punishable by other afflictive penalties shall prescribe in penalty is arresto mayor and fine (P15,000-45,000;
fifteen years. afflictive; the fine will be the basis
Those punishable by a correctional penalty shall prescribe in g) PRESCRIPTIVE PERIOD OF OFFENSES PUNISHED UNDER
ten years; with the exception of those punishable by arresto SPECIAL LAWS AND MUNICIPAL ORDINANCES
mayor, which shall prescribe in five years. Act No. 3326 amending Act No. 3763
Offense punished by Prescription
The crime of libel or other similar offenses shall prescribe in one
Only a fine or imprisonment for not 1 year
year.
more than 1 month, or both
prescribe after 1 year
The offenses of oral defamation and slander by deed shall
prescribe in six months. Imprisonment for more than 1 month 4 years
but less than 2 years
Light offenses prescribe in two months.
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Imprisonment for 2 years or more but 8 years 4. The period of prescription of continuing crimes
less than 6 years cannot begin to run because there could be no
Imprisonment f for 6 years or more 12 years termination of continuity and the crime does
Under Internal Revenue Law 5 years not end.
Municipal ordinances 2 months
Regulations or conditions of 2 months 5. Prescriptive period runs when the crime is
certificate of convenience by the discovered by:
Public Service Commission a. The offended party
b. The authorities
 Not applicable where the special law provides for its c. Their agents
own prescriptive period *list is exclusive
 Art 91 may apply when a special law, while
providing a prescriptive period, does not 6. The prescriptive period was interrupted by the
prescribe any rule for the application of that preliminary investigation conducted by the
period. municipal mayor/president (because justice of
peace was absent) but accused could not be
h) Prescription of violations penalized under special laws arrested because he was hiding
and ordinances shall begin to run from the day of the
commission of the violation of the law. b) It is interrupted by the filing of the complaint or
information.
If the same is not known at the time, from the discovery  Unless otherwise provided by law
thereof and the institutionalization of judicial proceeding
for its investigation and punishment. 1. Filing the complaint in the municipal court even
if it is merely for purposes of preliminary
 The prescription shall be interrupted when examination, does interrupt the prescriptive
proceedings are instituted against guilty period.
person, and shall begin to run again if the
proceedings are dismissed for reason not 2. The complaint or information that will interrupt
constituting jeopardy. the period must be the proper information or
complaint corresponding to the offense. (a
i) Defense of prescription may be raised during the trial or new complaint/information was filed)
during appeal.  If an amended complaint of information
was filed after the prescriptive period, the
j) The accused cannot be convicted of a lesser offense date of the original complaint or
than that charged if the lesser offense had already information should be considered. (mere
prescribed at the time the information was filed correction; no new complaint/information)
k) When there is a plea of prescription and it is established, 3. The filing of information even if erroneous
the court must exercise jurisdiction, not inhibit itself, and because the court has no territorial jurisdiction,
hold that the action have prescribed and absolve the tolls the running of the prescriptive period of the
defendant, rime, since the jurisdiction of a court is
determined in criminal cases by the allegations
of the complaint or information, and not by the
ARTICLE 91. Computation of Prescription of Offenses. — The result of proof.
period of prescription shall commence to run from the day on
which the crime is discovered by the offended party, the
c) It commences to run again when such proceedings
authorities, or their agents, and shall be interrupted by the filing
terminate without the accused being convicted or
of the complaint or information, and shall commence to run
again when such proceedings terminate without the accused acquitted or are unjustifiably stopped for any reason not
being convicted or acquitted, or are unjustifiably stopped for imputable to him.
any reason not imputable to him.
1. Two grounds that make prescriptive period run
The term of prescription shall not run when the offender is absent again
from the Philippine Archipelago. a. Proceedings terminate without the
accused being convicted or
a) The period of prescription commences to run from the acquitted
day on which the crime is discovered by the offended b. Proceedings unjustifiably stopped for
party, the authorities of their agents. any reason not imputable to accused
1. Note: Discovery of the crime, not of the
offender; it is not necessary that the accused be 2. If the case was dismissed without consent or
arrested objection of the accused who has already
been arraigned, accused could no longer be
2. Prescription runs when there is nothing that was prosecuted even within the prescriptive period
concealed or needed to be discovered on the ground of double jeopardy.
3. There is constructive notice when an instrument d) The term of prescription shall not run when the offender
with a forged signature was registered to the is absent from the Philippines.
Registry of Deeds
e) PRESCRIPTION OF ELECTION OFFENSES
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1. If the discovery of the offense is incidental to ARTICLE 93. Computation of the Prescription of Penalties. — The
judicial proceedings in election contest, period of prescription of penalties shall commence to run from
prescription begins when such proceedings the date when the culprit should evade the service of his
terminate sentence, and it shall be interrupted if the defendant should
2. If the falsification committed by the inspectors give himself up, be captured, should go to some foreign country
in connection with the counting of the votes with which this Government has no extradition treaty, or should
commit another crime before the expiration of the period of
and the preparation of election returns was
prescription.
known to the protestants and their election
watchers before the filing of the election
OUTLINE OF THE PROVISION
protests, the period of prescription began from
1. The period of prescription of penalties commences to run
the date of the commission of the offense.
from the date when the culprit evaded the service of his
sentence.
f) The prescription of the offense of false testimony
commences to run from the time the principal case is
2. It is interrupted if the convict:
finally decided
a. Give himself up
b. Be captured
c. Goes to a foreign country with which we have
ARTICLE 92. When and How Penalties Prescribe. — The penalties
no extradition treaty, or
imposed by final sentence prescribe as follows:
d. Commits another crime before the expiration of
1. Death and reclusión perpetua, in twenty years; the period of prescription
2. Other afflictive penalties, in fifteen years; 3. The period of prescription of penalties shall commence
to run again when the convict escapes again, after
3. Correctional penalties, in ten years; with the exception having been captured and returned to prison.
of the penalty of arresto mayor, which prescribes in
five years; ELEMENTS:
1. That the penalty is imposed by final sentence
4. Light penalties, in one year. 2. That the convict evaded the service of the sentence by
escaping during the term of his sentence
Penalty Prescription 3. That the convict who escaped from prison has not given
Death and Reclusion 20 years himself up, or been captured, or gone to a foreign
perpetua country which we have no extradition treaty, or
Other afflictive penalties 15 years committed another crime
Correctional penalties except 10 years
4. That the penalty has prescribed, because of the lapse of
arresto mayor
time from the date of the evasion of the service of
Arresto mayor 5 years
sentence by the convict
Light penalties 1 year
a) The penalties must be imposed by final sentence. If the

a) The period of prescription that ran during the time the
convict appealed before he fled, the penalty imposed
convict evaded service of sentence is not forfeited upon
upon him would never prescribe.
his capture. If the culprit is captured and evades again,
the period of prescription that has run in his favor should
b) In prescription of crimes, it is the penalty prescribed by
be taken into account.
law that should be considered. In prescription of
penalties, it is the penalty imposed that should be
b) Evading the service of the sentence is not committing a
considered.
crime before the expiration of the period of penalties
c) Prescriptive period for the crime: Article 9 prevails over
c) The acceptance of a conditional pardon also interrupts
Article 26. A fine of P200.00 in two months as a light
the prescriptive period.
penalty.
 Prescription of penalty: Article 26 prevails. The
fine is not less than P200.00, hence
correctional. Prescription period is 10 years.
d) Subsidiary penalty for non-payment is immaterial.
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CHAPTER ONE CONDITIONAL PARDON v PAROLE

TOTAL EXTINCTION OF CRIMINAL LIABILITY Conditional Pardon Parole
May be given at any time May be given after the
ARTICLE 94. Partial Extinction of Criminal Liability. — Criminal after final judgment convict has served the
liability is extinguished partially: minimum penalty
Granted by the Chief Granted by the Board of
1. By conditional pardon; Executive under the provisions Pardons and Parole under the
of the Administrative Code provision of the Indeterminate
2. By commutation of the sentence; and Sentence Law
The convict may be ordered The convict may be
2. For good conduct allowances which the culprit may rearrested by the Chief rearrested to serve the
earn while he is serving his sentence. Executive for violation of the unserved portion of his original
conditions; or penalty
GROUNDS FOR PARTIAL EXTINGUISHMENT OF CRIMINAL LIABILITY
1. Conditional Pardon May be prosecuted under Art Cannot be prosecuted under
2. Commutation of the Sentence 159 Art 159
3. For Good Conduct Allowance
4. Parole
ARTICLE 95. Obligation Incurred by Person Granted Conditional
CONDITIONAL PARDON. The exemption of an individual, within Pardon. — Any person who has been granted conditional
certain limits or conditions, from the punishment which the law pardon shall incur the obligation of complying strictly with the
conditions imposed therein; otherwise, his non-compliance with
inflicts for the offense he had committed resulting in the partial
any of the conditions specified shall result in the revocation of
extinction of his criminal liability
the pardon and the provisions of article 159 shall be applied to
him.
a) Conditional pardon delivered and accepted is
considered a contract between the sovereign power of OUTLINE OF THE PROVISION
the executive and the convict. 1. One granted with a pardon must comply strictly with the
conditions in the pardon.
b) The usual condition imposed in conditional pardon is that 2. Failure to comply with the conditions shall result in the
the convict “shall not again violate any of the penal laws evocation of the pardon. Chief Executive may order his
of the Philippines.” arrest and re-incarceration.
3. He becomes liable under Art 153.
COMMUTATION OF SENTENCE. Reduction of the duration of a ►The duration of the conditions annexed to a pardon would be
prison sentence of a prisoner; change of the decision of the court limited to the period of the prisoner’s sentence,
made by the Chief Executive by reducing the degree of the  unless an intention to extend it beyond the term of his
penalty inflicted upon the convict, or by decreasing the length of sentence was manifest from the nature of the condition
the imprisonment or the amount of the fine or he language in which it was imposed.
a) SPECIFIC CASES WHERE COMMUTATION IS PROVIDED BY

RPC
ARTICLE 96. Effect of Commutation of Sentence. — The
1. When the convict sentenced to death is over commutation of the original sentence for another of a different
70 years of age length and nature shall have the legal effect of substituting the
2. When the Supreme Court failed to reach eight latter in the place of the former.
votes in affirming imposition of death penalty
ARTICLE. 97. Allowance for good conduct. – The good conduct
b) In commutation, consent of the offender is not necessary. of any offender qualified for credit for preventive imprisonment
pursuant to Article 29 of this Code, or of any convicted prisoner
in any penal institution, rehabilitation or detention center or any
GOOD CONDUCT ALLOWANCES. Deductions from the term of the other local jail shall entitle him to the following deductions from
sentence for good behavior the period of his sentence:
PAROLE. Conditional release of an offender from a correctional 1. During the first two years of imprisonment, he shall be
allowed a deduction of twenty days for each month of
institution after he has served the minimum of his prison sentence.
good behavior during detention;
a) Parole consists in the suspension of the sentence after 2. During the third to the fifth year, inclusive, of his
serving the minimum term of the indeterminate penalty, imprisonment, he shall be allowed a reduction of
without granting pardon, prescribing the terms by which twenty-three days for each month of good behavior
the sentence shall be suspended. during detention;
b) If the convict fails to observe the conditions of his parole, 3. During the following years until the tenth year,
the Board of Pardons and Parole is authorized to direct inclusive, of his imprisonment, he shall be allowed a
his arrest and return to custody in order to carry out his deduction of twenty-five days for each month of good
sentence without deduction of the time that has elapsed behavior during detention;
between the date of the parole and the subsequent
arrest. 4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of
thirty days for each month of good behavior during
c) The mere commission and not conviction of any crime is
detention; and
sufficient to warrant parolee’s arrest and re-
incarceration.
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5. At any time during the period of imprisonment, he shall peal institution if he fails to give himself up to the
be allowed another deduction of fifteen days, in authorities within 48 hours following the issuance of the
addition to numbers one to four hereof, for each proclamation announcing the passing away of the
month of study, teaching or mentoring service time calamity.
rendered.
c) CALAMITY OR CATASTROPHE MENTIONED IN ARTICLE 158.
An appeal by the accused shall not deprive him of entitlement
On the occasion of disorder resulting from:
to the above allowances for good conduct.
1. a conflagration,
(as amended by RA 10592)
2. earthquake,
3. explosion, or
AMENDMENTS INTRODUCED BY RA 10592
4. similar catastrophe, or
1. Allowance for good conduct is also granted to detention
5. during a mutiny in which he has not
prisoners
participated
2. Increased the deduction from period of sentence:
Period of imprisonment From To

(RPC) (RA 10592) ART. 99. Who grants time allowances. – Whenever lawfully
justified, the Director of the Bureau of Corrections, the Chief of
For first 2 years 5 days 20 days
the Bureau of Jail Management and Penology and/or the
From 3rd to 5th year 8 days 23 days
Warden of a provincial, district, municipal or city jail shall grant
From 6th to 10th year 10 days 25 days
allowances for good conduct. Such allowances once granted
From 11th and successive 15 days 30 days shall not be revoked.
years
a) Good conduct allowance may be granted by:
3. Aside from the deduction of 20-30 days per month of
1. the Director of the Bureau of Corrections,
good behavior, an additional deduction of 15 days is
2. the Chief of the BJMP, and
granted for each month of study, teaching or mentoring
3. the warden of provincial, district, municipal or
rendered
city jails.
4. An appeal by the accused shall not deprive him of

b) GOVERNMENT AGENCIES THAT HAVE SUPERVISION OVER
entitlement to the above allowances for good conduct.
PRISONERS AND JAILS
Agency Supervision and Control
5. There is no allowance for good conduct while prisoner is
Bureau of Corrections Has supervision and control
released under conditional pardon.
under DOJ over their prison facilities
that house national
prisoners or those serving
ARTICLE. 98. Special time allowance for loyalty. – A deduction prison terms of more than
of one fifth of the period of his sentence shall be granted to any three years
prisoner who, having evaded his preventive imprisonment or Provincial Has supervision and control
the service of his sentence under the circumstances mentioned Governments over provincial jails that
in Article 158 of this Code, gives himself up to the authorities house provincial prisoners
within 48 hours following the issuance of a proclamation or those serving prison terms
announcing the passing away of the calamity or catastrophe of more than six months up
referred to in said article. A deduction of two-fifths of the period to three years
of his sentence shall be granted in case said prisoner chose to Bureau of Jail Has jurisdiction over all city,
stay in the place of his confinement notwithstanding the Management and municipality, and district
existence of a calamity or catastrophe enumerated in Article Penology jails that house municipal
158 of this Code. under DILG prisoners or those serving
prison terms of one day to
This Article shall apply to any prisoner whether undergoing not more than six months in
preventive imprisonment or serving sentence. municipal jails and not
(as amended by RA 10592) more than three years in city
jails
SPECIAL TIME ALLOWANCE FOR LOYALTY OF PRISONER. It is a
deduction in the period of the sentence of a prisoner who, having c) Allowance for good conduct is not an automatic right. It
evaded the service of his sentence during the calamity or must be properly granted.
catastrophe
1. gives himself up to the authorities within 48 hours following d) Once granted, allowance for good conduct cannot be
the issuance of a proclamation announcing the passing revoked.
away of the calamity or catastrophe, [1/5 of the period
of sentence]
2. or who chose to stay in the place of confinement
notwithstanding the existence of the calamity or
catastrophe enumerated in Art 158. [2/5 of the period of
sentence]
a) The deduction is based on the original sentence and not

from the unexpired portion of the sentence; i.e. deduct
1/5 or 2/5 of the original sentence
b) Article 159 provides for increased penalty if the convict

who evaded the service of his sentence by leaving the
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TITLE FIVE g) Extinguishment of criminal liability does not extinguish civil

CIVIL LIABILITY liability.
1. Dismissal of the information or the criminal action
CHAPTER ONE does not affect the right of the offended party to
PERSONS CIVILLY LIABLE FOR FELONIES institute of continue the civil action already instituted
►An offense causes two classes of injured: arising from the offense.
1. Social injury produced by the disturbance and alarm 2. Although the death of an accused extinguished his
which are the outcome of the offense criminal liability, it does not necessarily mean that
2. Personal injury caused to the victim of the crime who may the civil liability is extinguished.
have suffered damage, either to his person, to his
property, to his honor, or to her chastity. 3. Civil liability may exist although the accused is not
held criminally liable:
ARTICLE 100. Civil Liability of Person Guilty of Felony. — Every a. Acquittal on reasonable doubt
person criminally liable for a felony is also civilly liable. - Award in judgment of acquittal. The
court may acquit an accused on
a) The civil liability arising from negligence under the RPC is reasonable doubt and still order
entirely separate and distinct from the responsibility for payment of civil damages already
fault or negligence called quasi-delict. proved in the same case without
need for a separate civil action.
b) Party claiming payment for the damage done cannot
recover damages in a separate civil action for the same b. Acquittal from a cause of non-imputability; in
act or omission. favor of a person who is
- imbecile or
c) CIVIL LIABILITY INCLUDE: - insane person,
1. Restitution - under 15 years of age, or
2. Reparation of the damage caused - over 15 but under 18 years of age who
3. Indemnification for consequential damages acted without discernment
- acting under compulsion of an
d) BASIS OF CIVIL LIABILITY. A crime has a dual character: irresistible force or under the impulse
1. As an offense against the state because of the of an uncontrollable fear or an equal
disturbance of the social order or greater injury
2. As an offense against the private person injured by
the crime unless it is a crime against the State c. Acquittal in the criminal action for negligence
does not preclude offended party from filing a
e) DAMAGES THAT MAY BE RECOVERED IN CRIMINAL CASES civil action on the basis of quasi-delict
1. In CRIMES AGAINST PROPERTY, if the thing cannot be
restored, damages may be recovered based on: d. When there is only civil responsibility
a. the price of the thing and
b. its special sentimental value to the injured party e. In case of independent civil actions.
2. In CRIMES AGAINST PERSONS, injured party is entitled

to be paid for PROSECUTION OF CIVIL ACTION ARISING FROM CRIME
a. Whatever he spent for the treatment of his a) When a criminal action is instituted, the civil action for the
wounds, doctor’s fees, and for medicine recovery of civil liability shall be deemed instituted with
b. The salary or wages unearned by him because the criminal action unless
of his inability to work due to his injuries 1. offended party waives the civil action,
c. Moral damages 2. reserves the right to institute it separately, or
d. Exemplary damages when the crime was 3. institutes the civil action prior to the criminal action
committed with one or more aggravating
circumstances  The criminal action under BP 22 shall be deemed to
e. For Death include the civil action. No reservation to file such
- For the loss of the earning capacity of the civil action shall be allowed.
deceased, unless the deceased, on
account of permanent physical disability b) Separate civil action shall be suspended and/or may not
not cause by the defendant had no be instituted until a judgment has been rendered in the
earning capacity criminal action.
- To give support if the deceased was
obliged to give support under Art 291 of c) A final judgment rendered in a civil action absolving the
the NCC, to one not an heir of the defendant from civil liability is not bar to a criminal action
deceased on the same act or omission.
- Moral damages for mental anguish to the
spouse, legitimate and illegitimate d) Commencement of criminal action is not a condition
descendants and ascendants precedent to the filing and prosecution of civil action
arising from the crime. (in order to prevent the guilty party
f) A person criminally liable for a felony is also civilly liable. from disposing his property)
 If there is no damage caused by the
commission of the crime, the offender is not e) Judgment in the civil case already promulgated cannot
civilly liables be suspended by the filing of a criminal action.
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f) REVISED RULES OF CRIMINAL PROCEDURE. RULE 111.

SECTION 2. After the criminal action has been l) From the judgment of conviction in criminal case, two
commenced, the separate civil action arising therefrom appeals may be taken (civil and criminal)
cannot be instituted until final judgment has been
entered in the criminal action. m) If the criminal action is dismissed by the court on motion
of the fiscal upon the ground of insufficiency of
SECTION 2(A). If the criminal action is filed after the said evidence, the offended party has no right to appeal. His
civil action has already been instituted, the latter shall be remedy is a separate civil action if reservation was made.
suspended in whatever stage it may be found before  Offender party may appeal the order dismissing the
judgment on the merits. The suspension shall last until final action upon question of law.
judgment is rendered in the criminal action.
 Prejudicial questions must be decided before RESERVATION OF THE RIGHT TO INSTITUTE SEPARATE CIVIL ACTION
any criminal prosecution may be instituted or
may proceed. a) Reservation of the right to institute separate civil action is
necessary in the following cases
A PREJUDICIAL QUESTION is one which arises in 1. In any of the cases referred to in Article 32, NCC
a case, the resolution of which is a logical
antecedent of the issue involved in said case, 2. In cases of defamation, fraud, and physical injuries
and the cognizance of which pertains to - used in their ordinary sense; physical injuries
another tribunal. include homicide or death; fraud includes
estafa)
ELEMENTS OF A PREJUDICIAL QUESTION
1. The civil action involves an issue similar or 3. When he civil action is against a member of a city or
intimately related to the issue raised in the municipal police force fro refusing or failing to
criminal action render aid or protection to any person in case of
2. The resolution of such issue determines danger to life or property
whether or not the criminal action may - The police shall be primarily liable for damages,
proceed. and the city/municipality shall be subsidiarity
responsible
g) Section 2 applies only when the claimant in the civil
action is the same offended party in the criminal action 4. In an action for damages arising from fault or
and both cases arise from the same offense or negligence, there being no pre-existing contractual
transaction. relation between the parties (quasi-delict)
h) Section 2(a) applies only to civil liability arising from the b) The purpose of reservation is to prevent the matter from
crime. becoming res adjudicata.
e.g. culpa contractual is the basis of civil action against
a transportation company for its failure to carry safely its c) Once the offended party has reserved his right to institute
passenger to his destination; obligation to pay damages a separate civil action, he loses his right to intervene in
arise from the contract not from the crime the prosecution of the criminal case. He can no longer
move for reconsideration or appeal the decision insofar
i) The court may sentence the accused to pay damages as it decided the question of civil indemnity.
even if there is no specific allegation of such damages in
the information d) If the offended party in the criminal case is represented
 Provided the offended party has not waived such by a private prosecutor, he cannot file an independent
liability or reserved his right to have civil damages civil action.
determined in a separate civil action
j) Civil liability of the accused extends in favor of persons

not mentioned in the information.’
 Unless an omitted party has waived the civil liability
or has reserved the right to file a separate civil action
k) ATTACHMENT IN CRIMINAL CASES. The offended party

may have the property of the accused attached as
security for the satisfaction of any judgment in the
following cases:
1. When the accused is about to abscond from
the Philippines
2. When the criminal action is based on a claim
for money or property embezzled or
fraudulently misapplied or converted to the use
of the accused
3. When the accused has concealed, removed,
or disposed of his personal property, or is about
to do so
4. When the accused resides outside the
Philippines
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PERSONS CIVILLY LIABLE IN THE ABSENCE OF THOSE CRIMINALLY Civil Liability for acts of an Insane or Minor, exempt from Criminal
LIABLE Liability
1. Those having an imbecile or insane person or minor ►The liability for the acts committed by an imbecile or insane or
exempt from criminal liability under the legal authority or minor exempt from criminal liability shall devolve upon the persons
control, if they are at fault or negligent, for acts having legal authority or control over them, if the latter are at fault
committed by the imbecile, insane or minor or negligent.
 The minor shall respond with his property not exempt from
2. Persons who acted under the compulsion or irresistible execution when:
force or under the impulse of uncontrollable fear are 1. There is no fault or negligence on the party of the
civilly liable if the person who used violence or who parents or guardians
caused the fear is insolvent or cannot be found 2. Even if parents or guardians are at fault, they are
insolvent
3. Innkeeper, tavernkeeper, and any other person or 3. There is no person having authority or control over
corporation who committed violation of municipal the convict
ordinance or some general or special police regulation,
and the person who committed a crime in his Civil Liability for acts committed by person acting under irresistible
establishment cannot be found or is insolvent force or uncontrollable fear
4. Innkeepers, for robbery with force upon things or theft of ►The person using violence or causing the fear are primarily liable.
goods of guests lodging therein, provided the guests Those doing the act shall be secondarily liable.
notified the innkeeper in advance of the deposit of their
goods within the inn, and provided further that such Civil Liability of persons acting under justifying circumstances
guests followed the directions of the innkeeper with
respect to the care of and vigilance over such goods ►There is no civil liability in justifying circumstances.
 In Article 11, par 4, there is civil liability but the person
5. The employer who is engaged in any kind of industry, for civilly liable is the one benefitted by the act which causes
the crime committed by his employee while in the damage to another.
discharge of his duties
ARTICLE 102. Subsidiary Civil Liability of Innkeepers,

ARTICLE 101. Rules Regarding Civil Liability in Certain Cases. — Tavernkeepers and Proprietors of Establishments. — In default of
The exemption from criminal liability established in subdivisions the persons criminally liable, innkeepers, tavernkeepers, and
1, 2, 3, 5, and 6 of article 12 and in subdivision 4 of article 11 of any other persons or corporations shall be civilly liable for
this Code does not include exemption from civil liability, which crimes committed in their establishments, in all cases where a
shall be enforced subject to the following rules: violation of municipal ordinances or some general or special
police regulation shall have been committed by them or their
First. In cases of subdivisions 1, 2, and 3 of article 12, the civil employees.
liability for acts committed by an imbecile or insane person,
and by a person under nine years of age, or by one over nine Innkeepers are also subsidiarily liable for the restitution of goods
but under fifteen years of age, who has acted without taken by robbery or theft within their houses from guests lodging
discernment, shall devolve upon those having such person therein, or for the payment of the value thereof, provided that
under their legal authority or control, unless it appears that there such guests shall have notified in advance the innkeeper
was no fault or negligence on their part. himself, or the person representing him, of the deposit of such
goods within the inn; and shall furthermore have followed the
Should there be no person having such insane, imbecile or directions which such innkeeper or his representative may have
minor under his authority, legal guardianship, or control, or if given them with respect to the care of and vigilance over such
such person be insolvent, said insane, imbecile, or minor shall goods. No liability shall attach in case of robbery with violence
respond with their own property, excepting property exempt against or intimidation of persons unless committed by the
from execution, in accordance with the civil law. innkeeper’s employees.
ELEMENTS, The innkeeper, tavernkeeper or any other person or
Second. In cases falling within subdivision 4 of article 11, the corporation is civilly liable for the crime committed in his
persons for whose benefit the harm has been prevented shall establishment when:
be civilly liable in proportion to the benefit which they may have 1. That the innkeeper, tavernkeeper or proprietor of
received. establishment or his employee committed a violation of
municipal ordinance or some general or special police
The courts shall determine, in their sound discretion, the
regulation
proportionate amount for which each one shall be liable.
2. That a crime is committed in such inn, tavern or
When the respective shares can not be equitably determined, establishment
even approximately, or when the liability also attaches to the 3. That the person criminally liable is insolvent
Government, or to the majority of the inhabitants of the town,
and, in all events, whenever the damage has been caused with ELEMENTS, The innkeeper is subsidiarily liable
the consent of the authorities or their agents, indemnification 1. The guest notified in advance the innkeeper or the
shall be made in the manner prescribed by special laws or person representing him of the deposit of their goods
regulations. within the inn or house
- It is not necessary that the effects of the guest be
Third. In cases falling within subdivisions 5 and 6 of article 12, the actually delivered to the innkeeper or his
persons using violence or causing the fears shall be primarily representative
liable and secondarily, or, if there be no such persons, those
doing the act shall be liable, saving always to the latter that part
of their property exempt from execution.
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2. The guests followed the directions of the innkeeper or his

representative with respect to the care of and vigilance
over such goods
3. Such goods of the guests lodging therein were taken by
robbery with force upon things or theft committed within
the inn or house
 No liability shall attach in case of robbery with

violence against or intimidation of persons,
unless committed by the innkeeper’s
employees
ARTICLE 103. Subsidiary Civil Liability of Other Persons. — The

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

kind of industry shall be subsidiary liable for felonies committed by
their servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.
ELEMENTS
1. The employer, teacher, person or corporation engaged
in any kind of industry
2. Any of their servants, pupils, workmen, apprentices or
employees commits a felony while in the discharge of his
duties
3. The said employee is insolvent and has not satisfied his
civil liability
a) INDUSTRY. Any department or branch of art, occupation

or business; especially one which employs so much labor
and capital and is distinct branch of trade
b) A hospital is not engaged in industry and may not be

subsidiarily liable for acts of nurses; nurses are not servants
of the hospital since they are acting upon orders of
physicians
c) Private persons without business or industry may not be

subsidiarily liable
d) The decision convicting an employee in a criminal case

is binding and conclusive upon the employer with
regards to:
1. The employees civil liability, and
2. Its amount
e) Subsidiary liability arise only from the offenses that the
employee may commit in in the discharge of his duties.
f) Subsidiary liability of the employer is not determined in

the criminal case against the employee. Reservation of
the right to bring action is not necessary.
g) There can be no subsidiary liability where the employee

is not criminally convicted.
h) Employer has the right to take part in the defense of his

employees.
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CHAPTER TWO offender can recover it from whomsoever is in possession

WHAT CIVIL LIABILITY INCLUDES thereof.
 If the possessor of a movable property lost or
ARTICLE 104. What is Included in Civil Liability. — The civil liability which the owner has been unlawfully
established in articles 100, 101, 102, and 103, of this Code deprived, has acquired it in good faith and at
includes: a public sale, the owner cannot obtain its
1. Restitution; return without reimbursing the price paid
therefor.
2. Reparation of the damage caused;
 Restitution shall not be ordered by the court
3. Indemnification for consequential damages.
when the thing has been acquired by the third
person in the manner which by law bar an
a) If restitution of the thing taken away cannot be made by
action for recovery
the offender or by his heirs, the law allows the offended
party reparation.
d) A person who is not a party in the case cannot recover
in the criminal action any indemnity from the accused.
b) There are rimes where only one or none at all of the civil
obligations is possible. In some crimes, the three civil
e) When the liability to return a thing arises from contract,
obligations may be declared and enforced.
not from criminal act, the court cannot order is return in
the criminal case.
c) When the property taken away is not recovered the
court must order the accused to restore it to its owner or,
f) Restitution may be ordered even if accused is acquitted,
as an alternative, to pay is value.
provided the offense is proved and it is shown that the
thing belongs to somebody else.
d) CIVIL LIABILITIES v PECUNIARY LIABILITIES
Civil Liabilities Pecuniary Liabilities
g) When the crime is not against property, no restitution of
Include reparation of the Include reparation of the
reparation of the thing can be done.
damage caused and damage caused and
indemnification of indemnification of  Exceptions
consequential damages consequential damages 1. In treason, the defendant were ordered to
return the money to the person from whom
Include restitution Do not include restitution he took id during the treasonous act
2. In abduction, the defendants were
In restitution, there is Refer to liabilities to be ordered to return the money taken by
nothing to pay in terms of paid out of the property them from the offended girl
money; property of the offender 3. Return of the usurious interest in violation of
unlawfully taken is Usury Law
returned
h) The payment of salary of an employee during the period
Do not include fines and Include fine and the costs
of suspension cannot be properly decreed by the court
costs of proceedings of the proceedings
in a judgment of acquittal. It devolves upon the head of
the department concerned and is discretionary with him.
ARTICLE 105. Restitution — How Made. — The restitution of the
thing itself must be made whenever possible, with allowance for
i) The court has authority to order the reinstatement of the
any deterioration or diminution of value as determined by the
court. accused acquitted of a crime punishable by the penalty
of perpetual or temporary disqualification.
The thing itself shall be restored, even though it be found in the
possession of a third person who has acquired it by lawful
means, saving to the latter his action against the proper person, ARTICLE 106. Reparation — How Made. — The court shall
who may be liable to him. determine the amount of damage, taking into consideration the
price of the thing, whenever possible, and its special
This provision is not applicable in cases in which the thing has sentimental value to the injured party, and reparation shall be
been acquired by the third person in the manner and under the made accordingly.
requirements which, by law, bar an action for its recovery.
a) Reparation will be ordered by the court if restitution is not
a) The restitution of the thing itself must be made whenever possible. When the stolen property cannot be returned
possible. The convict cannot, by way of restitution, give because it was sold by the thief to an unknown person,
to the offended party a similar thing of the same amount, he will be required by the court, if found guilty, to pay the
kid or special and quality. actual price of the thing plus its sentimental value to its
owner.
b) While in the possession of the accused, and if the
property suffers deterioration dues to his fault, the court b) If there is no evidence as to the value of the thing
will assess the amount of the deterioration and order the unrecovered, reparation cannot be made.
return of the property and pay such amount representing
deterioration. c) Civil damages are limited to those caused by and
flowing from the commission of the crime.
c) The thing itself shall be restored, even though it be found
in the possession of a third person who has acquired it by d) Payment by the insurance company does not relieve the
lawful means. The owner of property illegally taken by the offender of his obligation to repair the damage caused.
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The insurance company is subrogated to the right of the crime. Exemplary damages is justified if there is an
offended party as regards the damages. aggravating circumstance whether ordinary or
qualifying.
ARTICLE 107. Indemnification — What is Included. — 1. Civil indemnity for Rape with Homicide:
Indemnification for consequential damages shall include not P100,000.00
only those caused the injured party, but also those suffered by 2. Civil liability for Rape by sexual assault:
his family or by a third person by reason of the crime. P30,000.00 as civil indemnity and P30,000.00 as
moral damages with 6% annual interest
a) Indemnity refers generally to crimes against persons;
reparation refers to crimes against property e) The amount for damages for death caused by a crime is
increased from time to time by the Supreme Court.
b) Indemnity for medical services still unpaid may be
recovered. Even if there was no actual payment of the INDEMNITY FOR LOST EARNINGS
doctor’s fee, the amount necessary to pay the doctor for a) FORMULA, INDEMNITY FOR LOST EARNINGS
surgical operation maybe taken into account in
awarding the damages. Net Earning Capacity = Life expectancy x (Gross annual
income – Living expenses)
c) Contributory negligence on the part of the offended
party reduces the civil liability of the offender. Life expectancy = 2/3 x (80-age of the deceased at the
time of death)
d) The civil indemnity may be increased on appeal only if it
will not require an aggravation of the decision in the In the absence of proof, living expenses is estimated to
criminal case on which it is based. be 50% of the gross annual income.
e) DAMAGES RECOVERABLE IN CASE OF DEATH b) Documentary evidence should be presented to

1. Civil liability ex delicto substantiate a claim for loss of earning capacity.
2. For the loss of the earning capacity of the deceased  May be awarded despite the absence of
3. Support in favor of a person who is not an heir of the documentary evidence if there is testimony that the
deceased to whom the deceased was obliged to victim was either:
give support 1. Self-employed earning less than the minimum
4. Moral damages for mental anguish in favor of wage under current labor laws, and judicial
spouse, descendants and ascendants of the notice is taken of the fact that in the victim’s line
deceased; of work, no documentary evidence is available,
5. Exemplary damages in certain case or
2. Employed as a daily-wage worker earning less
f) In crimes and quasi-delicts, the defendant shall be liable than the minimum wage under current labor
for all damages which are the natural and probable laws
consequences of the act or omission complained of.
c) It is not necessary that the victim, at the time of injury or
death, is gainfully employed for compensation for loss of
CIVIL INDEMNITY earning capacity. Compensation is not for loss of
a) In cases of murder of homicide, civil indemnity of earnings but for loss of capacity to earn money.
P75,000.00 and moral damages of P50,000.00 are
awarded automatically. Mandatory without need of d) Temperate damages may be awarded if income of
allegation and proof other than the death of the victim. victim is not sufficiently proven.
b) Where the penalty to the crime is death but which e) TEMPERATE OR MODERATE DAMAGES. May be recovered
cannot be imposed because of RA 9346, the amounts of when the court finds that some pecuniary loss was
indemnity and damage were increased: suffered but its amount cannot be proved with certainty;
1. P100,000.00 as civil indemnity more than nominal but less than compensatory
2. P100,000.00 as moral damages which the victim is damages
assumed to have suffered and thus needs no proof;
and f) Temperate damages will be awarded if the court finds
3. P100,000.00 as exemplary damages to set an that some pecuniary loss has been suffered but its
example for the public good. amount cannot be proven with certainty.
c) RA 9346 does not serve as basis for the reduction of civil g) Where actual damages proved is less than P25,000.00 in
indemnity and other damages that adhere to heinous amount, temperate damages in the amount of
crimes. Award of civil damages is not dependent on the P25,000.00 shall be awarded in lieu of actual damages
actual imposition of the death penalty but on the fact
that qualifying circumstances warranting the imposition
of the death penalty attended the commission of the MORAL DAMAGES
offense. a) In the crime of rape, moral damages may additionally be
awarded to the victim without need for pleading or proof
d) IN RAPE: Civil indemnity is mandatory in the crime of of the basis thereof.
rape, and is separate and distinct from moral damages.
Moral damages is automatically granted in rape without
need of further proof other than the commission of the
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EXEMPLARY DAMAGES ARTICLE 108. Obligation to Make Restoration, Reparation for

a) EXEMPLARY OR CORRECTIVE DAMAGES (or Punitive or Damages, or Indemnification for Consequential Damages and
Vindictive Damages) are imposed, by way of example or Action to Demand the Same — Upon Whom it Devolves. — The
correction for the public good, in addition to the moral, obligation to make restoration or reparation for damages and
temperate, liquidated or compensatory damages. indemnification for consequential damages devolves upon the
(Article 2229, NCC) heirs of the person liable.
The action to demand restoration, reparation, and

- Intended to serve as a deterrent to serious wrong
indemnification likewise descends to the heirs of the person
doings, and as a vindication of undue sufferings and
injured.
wanton invasion of rights of an injured or a
punishment for those guilty of outrageous conduct a) The heirs of the person liable has no obligation if
restoration is not possible and the deceased left no
b) Exemplary damages may be given: money. (same in indemnification)
1. When one or more aggravating circumstances are  If convict left property, the heirs may be required to
present pay out of the proceeds of the property.
2. Where the circumstances of the case show the
highly reprehensible or outrageous conduct of the b) Civil liability is possible only when the offender dies after
offender final judgment. If the offender before his death was
condemned by final judgment to make restitution,
c) Exemplary damages cannot be recovered as a matter reparation or indemnification, the offended party may
of right; the court will decide whether or not they should enforce his claim.
be adjudicated.
 If death of the offender took place before any final
judgment of conviction was rendered to him, the
d) Exemplary damages was increased to P30,000.00 action for restitution, reparation or indemnification
must be dismissed.
c) No judgment for indemnity is proper if the criminal case

CIVIL INDEMNITY v MORAL DAMAGES have been dismissed by the court and acquitted the
a) Civil indemnity ex-delicto for the offended party is accused.
equivalent to actual or compensatory damages in civil  The heirs of the deceased have a right to enforce
law. the civil responsibility of the accused in their favor in
a civil action.
b) ACTUAL OR COMPENSATORY DAMAGES. One is entitled
to an adequate compensation for such pecuniary loss
suffered by him as he has duly prove, except as provided
ARTICLE 109. Share of Each Person Civilly Liable. — If there are
by law or by stipulation two or more persons civilly liable for a felony, the courts shall
determine the amount for which each must respond.
c) Actual damages must be proved. It is necessary for a
party seeking the award of actual damages to produce ARTICLE 110. Several and Subsidiary Liability of Principals,
competent proof or the best evidence obtainable to Accomplices, and Accessories of a Felony — Preference in
justify such award. Payment. — Notwithstanding the provisions of the next
preceding article, the principals, accomplices, and
d) Moral and exemplary damages do not require proof of accessories, each within their respective class, shall be liable
pecuniary loss. severally (in solidum) among themselves for their quotas, and
subsidiarily for those of the other persons liable.
e) Moral damages could be recovered if a pedestrian was
The subsidiary liability shall be enforced, first against the
injured or killed by a motor vehicle due to the negligence
property of the principals; next, against that of the accomplices,
of its driver.
and, lastly, against that of the accessories.
 No moral damages can be claimed from the
bus owner based on culpa contractual. The Whenever the liability in solidum or the subsidiary liability has
negligent driver, not the bus owner, was the been enforced, the person by whom payment has been made
one who caused moral damages. shall have a right of action against the others for the amount of
their respective shares.
f) Claim for moral damages does not determine jurisdiction
of the court. a) The entire amount of the civil indemnity, together with
the moral and actual damages, should be apportioned
g) The recovery of attorney’s fees is allowed under the among the persons who cooperated in the criminal act.
circumstances provided when the court deems it just
and equitable that attorney’s fees and expenses of b) The person with greater participation in the commission
litigation should be recovered. of the crime should have a greater share in the civil
liability.
h) Interest at the rate of six percent per annum should be
added to other damages awarded. c) The principals, accomplices, and accessories, each
within their respective class, shall be liable:
i) Civil liability is not part of the punishment. Order to try the 1. SEVERALLY (IN SOLIDUM) among themselves for their
civil branch of the case does not constitute double quotas, and
jeopardy. - the person who made the payment shall have
a right of action against the others for the
amount of their respective shares.
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by Luis B. Reyes
2. SUBSIDIARILY for those of the other persons liable.

The subsidiary liability shall be enforced:
a. first against the property of the principals;
b. next, against that of the accomplices, and,
c. lastly, against that of the accessories.
ARTICLE 111. Obligation to Make Restitution in Certain Cases. —

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

of a felony is not criminally liable.
b) If the person who participated gratuitously in the

proceeds of the felony knew that the property came
from an illegal source, he is an accessory and he is not
only civilly but also criminally liable.
c) PERSON WHO HAS PARTICIPATED GRATUITOUSLY. An

innocent person who has participated in the proceeds of
a felony through the liberality of the offender
 If the person paid for the article because he bought
it, Article 105 applies.
d) The fortune of the innocent person must be augmented

by his participation in the proceeds of the crime.
(e.g. merely participating in eating the proceeds does
not increase his property)
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by Luis B. Reyes
CHAPTER THREE
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
ARTICLE 112. Extinction of Civil Liability. — Civil liability

established in articles 100, 101, 102, and 103 of this Code shall
be extinguished in the same manner as other obligations, in
accordance with the provisions of the Civil Law.
CIVIL LIABILITY IS EXTINGUISHED BY:

1. Payment or performance
2. The loss of the thing due
3. The condonation or remission of the debt
4. The confusion or merger of the rights of creditor and
debtor
5. Compensation
6. Novation
CIVIL LIABILITY MAY ARISE FROM:

1. Crime (governed by RPC)
2. Breach of contract (culpa contractual; NCC)
3. Tortious act (culpa aquiliana, NCC)
►Civil liability is extinguished by subsequent agreement between

the accused and the offended party.
►Express condonation by the offended party has the effect of

waiving civil liability with regard to the interest of the injured party.
►Offender is civilly liable even if stolen property is lost by reason of

force majeure.
ARTICLE 113. Obligation to Satisfy Civil Liability. — Except in case

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

liability, notwithstanding the fact that:
1. he has served his sentence consisting of deprivation of
liberty or other rights, or
2. has not been required to serve the same by reason of
amnesty, pardon, commutation of sentence, or any
other reason
 Except in case of extinction of his civil liability
►Amnesty, pardon or probation do not extinguish the civil liability

of the offender.
### 15 June 2020
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Crim1 Notes Reyes Criminal Law 2

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CRIM1-Notes-Reyes - Criminal Law 1

Bachelor of Law-Major in Juris Prudence (University of Southern Mindanao)

Studocu is not sponsored or endorsed by any college or university

The Revised Penal Code Book 1

LIMITATIONS ON ENACTIING PENAL LAWS

BOOK ONE EX POST FACTO LAW is one which:

3. All persons, except those charged with reclusion

Excessive bail shall not be required. (Sec 13)

CRIMINAL LAW is that branch or division of law which defines

The Revised Penal Code Book 1

If the person cannot afford the services of counsel, he  Exceptions

The Revised Penal Code Book 1

 Exception. Doctrine of immunity does not apply where

Habitual Delinquent. If within a period of ten years from the date

CONSTRUCTION OF PENAL LAWS

The Revised Penal Code Book 1

PRELIMINARY TITLE ARTICLE 2. Application of Its Provisions. — Except as provided in

b. WARSHIP OR OFFICIAL VESSEL OF THE PRESIDENT OF THE

c. FOREIGN MERCHANT SHIP OR AIRSHIP

The Revised Penal Code Book 1

NULLUM CRIMEN, NULLA POENA SINE LEGE

DOLO or MALICE is the intent to do an injury to another.

REQUISITES OF INTENTIONAL FELONIES (DOLO)

The Revised Penal Code Book 1

REQUISITES OF MISTAKE OF FACT

The Revised Penal Code Book 1

The Revised Penal Code Book 1

STAGES OF COMMITTING A CRIME

The Revised Penal Code Book 1

1. Conspiracy to commit treason accordance with 5. Perpetual or

FELONIES PENALTY ART 25

The Revised Penal Code Book 1

ARTICLE 11. Justifying circumstances. - The following do not

Third. That there be no other practical and

The Revised Penal Code Book 1

REQUISITES, UNLAWFUL AGGRESSION

►RETALIATION is not self-defense; in retaliation,

The Revised Penal Code Book 1

b. Must be simultaneous/ succeeding with the reasonably necessary to repel or prevent an

The Revised Penal Code Book 1

7. One who voluntarily joined a fight cannot claim self-

8. Flight after the commission of the crime is highly

STAND GROUND WHEN IN RIGHT v RETREAT TO THE WALL

DETERMINING THE UNLAWFUL AGGRESSOR

The Revised Penal Code Book 1

The Revised Penal Code Book 1

b. Firearm v Dagger/Knife. No difference, use

c. Pocketknife v Cane. Reasonable (US v

f. Bayonet v Cane. Not Reasonable. Drawing

g. Fist blows. Must be repelled with fist blows

2. Physical condition, character and size.

3. Other circumstances considered.

- Reasonable necessity of means employed to

The Revised Penal Code Book 1

3. LACK OF SUFFICIENT PROVOCATION ON THE PART OF THE BATTERED WOMAN SYNDROME.

2. Acute battering incident

The Revised Penal Code Book 1

RELATIVES THAT CAN BE DEFENDED

REQUISITES, DEFENSE OF RELATIVE

- Unlawful aggression can be made to depend upon

The Revised Penal Code Book 1

The Revised Penal Code Book 1

Second. That the injury feared be greater than