MEMORY AID IN CRIMINAL LAW
BOOK ONE GENERAL RULE: Penal laws cannot
CRIMINAL LAW - that branch or division of
law which defines crimes, treats of their
nature and provides for their punishment.
CHARACTERISTICS OF CRIMINAL LAW
1. GENERAL - it is binding on all persons
who live or sojourn in the Philippine
territory (Art. 14, NCC)
EXCEPTIONS:
a) Treaty stipulations
b) Laws of preferential application
c) Principles of Public International
Law.
The following persons are
exempted:
a. Sovereigns and other chief
of state
b. Ambassadors,ministers,
plenipotentiary, minister
resident and charges
d’affaires.
 Consuls, vice-consuls and other
commercial representatives of foreign
nation cannot claim the privileges
and immunities accorded to
ambassadors and ministers.
2. TERRITORIAL – penal laws of
the Philippines are enforceable only
within its territory.
EXCEPTIONS: (Art. 2, RPC) i.e.,
enforceable even outside
Philippine territory.
1) Offense committed while on a
Philippine ship or airship
2) Forging or counterfeiting any coin
or currency note of the Philippines
or obligations and securities issued
by the Government.
3) Introduction into the country
of the above-mentioned
obligations and securities.
4) While being public officers or
employees should commit an
offense in the exercise of
their functions.
5) Should commit any of the crimes
against national security and the
law of nations defined in Title One
of Book Two.
EXCEPTION TO THE EXCEPTION:
Penal laws not applicable within or
without Philippine territory if so
provided in treaties and laws of
preferential application. (Art.2, RPC)
3. PROSPECTIVE
make an act punishable in a manner in
which it was not punishable when
committed.
EXCEPTION: (it may be applied
retroactively) When the new law
is favorable to the accused.
EXCEPTION TO THE EXCEPTION
a) The new law is expressly
made inapplicable to pending
actions or existing causes of
actions.
b) Offender is a habitual criminal.
LIMITATIONS ON THE POWER
OF CONGRESS TO ENACT PENAL LAWS:
1. No ex post facto law shall be enacted
2. No bill of attainder shall be enacted
3. No law that violates equal protection
clause of the constitution shall be
enacted
4. No law which imposes cruel and
unusual punishments nor excessive
fines shall be enacted.
THEORIES IN CRIMINAL LAW
1. Classical Theory - basis of criminal
liability is human free will. Under this
theory, the purpose of penalty is
retribution. The RPC is generally
governed by this theory.
2. Positivist Theory – basis of criminal
liability is the sum of the social and
economic phenomena to which the
actor is exposed wherein
prevention and correction is the
purpose of penalty. This theory is
exemplified in the provisions
regarding impossible crimes and
habitual delinquency.
3. Eclectic or Mixed Theory – combination
of positivist and classical thinking
wherein crimes that are economic and
social in nature should be dealt in a
positive manner; thus, the law is more
compassionate.
PRELIMINARY TITLE
 ART. 2 – APPLICATION OF ITS
PROVISIONS
RULES ON VESSELS:
1.) Philippine vessel or aircraft.
 Must be understood as that which is
registered in the Philippine Bureau of
Customs.
2.) On Foreign Merchant Vessels
 ENGLISH RULE: Crimes committed
aboard a vessel within the territorial
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waters of a country are triable in
the
courts of such country.

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 EXCEPTION: When the crimes merely Requisites of mistake of fact as a
affect things within the vessel or when defense:
they only refer to the internal a. That the act done would
management thereof. have been lawful had the
facts been as the accused
 FRENCH RULE: believed them to be.
GENERAL RULE: Crimes committed b. That the intention of the
aboard vessel within the territorial accused in performing the
waters of a country are not triable act should be lawful.
in the courts of said country. c. That the mistake must be
EXCEPTION: When their commission without fault or
affects the peace and security of the carelessness on the part of
territory or when the safety of the accused.
the state is endangered.
2. Culpable Felonies - performed
 In the Philippines, we follow the without malice.
English Rule. Requisites of CULPA:
a. Freedom
 In the case of a foreign warship, the b. Intelligence
same is not subject to territorial laws. c. Negligence and Imprudence

TITLE ONE: FELONIES AND  REASON FOR PUNSHING ACTS OF

CIRCUMSTANCES WHICH AFFECT NEGLIGENCE: A man must use common
CRIMINAL LIABILITY sense and exercise due reflection in all
his acts; it is his duty to be
Chapter One: Felonies (Arts. 3-10) cautious, careful and prudent.

 ART. 3 – FELONIES Mala Prohibita - the class of crimes

punishable by SPECIAL LAWS and
Felonies – are acts or omissions punishable where criminal intent is not, as a rule,
by the RPC. necessary, it being sufficient that the
offender has the intent to perpetrate the
ELEMENTS OF FELONIES (GENERAL) act prohibited by the special law.
1. there must be an act or omission ie,
there must be external acts. MALA IN SE vs. MALA PROHIBITA
2. the act or omission must be punishable MALA
by the RPC. MALA IN SE PROHIBITA
3. the act is performed or the omission
1. As to The moral trait The moral
incurred by means of dolo or culpa. moral is considered. trait of the
trait of Liability will offender is not
“NULLUM CRIMEN, NULLA POENA SINE the arise only when considered. It
LEGE” - there is no crime where there is offender there is dolo or is enough that
no law punishing it. culpa. the prohibited
act was
voluntarily
CLASSIFICATION OF FELONIES done.
ACCORDING TO THE MEANS BY
WHICH THEY ARE COMMITTED: 2. As to Good faith or Good faith is
use of lack of criminal not a defense.
1. Intentional Felonies – the act good intent is a
is performed with deliberate intent faith as valid defense;
or malice. a unless the crime
Requisites of DOLO or MALICE: defense is the result of
culpa.
a. Freedom
3. As to The act gives
b. Intelligence The degree of
degree rise to a
c. Criminal Intent of accomplishment crime only
accom- of the crime is when it is
Mistake of Fact – is a misapprehension plish- taken into consummated.
of fact on the part of the person ment of account in
causing injury to another. Such person the punishing the
is not criminally liable as he acted crime offender.
without criminal intent.

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 MEMORY AID IN CRIMINAL LAW
4. As to Mitigating and Mitigating and 3. Praeter intentionem – lack of intent to
mitigati aggravating aggravating commit so grave a wrong.
ng and circumstances circumstances
aggravat are taken into are generally
ing PAR. 2 (IMPOSSIBLE CRIME)
account in not taken into
circum- REQUISITES:
imposing the account.
stances penalty. a) That the act performed would be an
5. As to When there Degree of offense against persons or property.
degree is more than participation is b) That the act was done with evil intent.
of one offender, generally not c) That its accomplishment is inherently
partici- the degree taken into impossible, or that the means
pation of participation account. All employed is either inadequate or
of each in who ineffectual.
the commission participated in d) That the act performed should not
of the crime the act are constitute a violation of another
is taken punished to
provision of the RPC.
into account. the same
extent.
6. As to Violation of the Violation of  ART. 6 – CONSUMMATED,
what RPC (General Special Laws FRUSTRATED & ATTEMPTED
laws are rule) (General rule) FELONIES
violated
STAGES OF EXECUTION:
1. CONSUMMATED FELONY
Intent distinguished from Motive  When all the elements necessary for
INTENT MOTIVE its execution and accomplishment are
1. Is the purpose to 1. Is the moving present.
use a particular power which impels
means to effect one to act 2. FRUSTRATED FELONY
such result ELEMENTS:
2. Is an element of 2. Is NOT an a) The offender performs all the acts
the crime, except in element of the of execution.
unintentional crime b) All the acts performed would
felonies (culpable)
produce the felony as a consequence.
3. Is essential in 3. Is essential
c) But the felony is not produced.
intentional felonies only when the
identity of the d) By the reason of causes independent
perpetrator is in of the will of the perpetrator.
doubt

 ART. 4 – CRIMINAL LIABILITY WHAT CRIMES DO NOT ADMIT

OF FRUSTRATED STAGE?
PAR. 1 - Criminal Liability for a felony 1) Rape
different from that intended to be 2) Bribery
committed 3) Corruption of Public Officers
4) Adultery
REQUISITES: 5) Physical Injury
a) That an intentional felony has
been committed. 3. ATTEMPTED FELONY
b) That the wrong done to the ELEMENTS:
aggrieved party be the direct, natural a) The offender commences the
and logical consequence of the felony commission of the felony directly by
committed. overt acts.
b) He does not perform all the acts of
PROXIMATE CAUSE – that cause, which, in execution which should produce
the natural and continuous sequence, the felony.
unbroken by any efficient intervening c) The offender’s acts are not stopped by
cause, produces the injury without which his own spontaneous desistance.
the result would not have occurred.

Thus, the person is still criminally DESISTANCE - is an absolutory cause which

liable in:
1. Error in personae- mistake in the
identity of the victim.2. Abberatio
ictus – mistake in the blow.
negates criminal liability because the law
encourages a person to desist from
committing a crime

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 - this is applicable only in commit rebellion or
the attempted stage. insurrection, treason, sedition.
2. Conspiracy as a means of committing a
OVERT ACTS – Some physical activity or crime
deed, indicating intention to commit a a) There is a previous and
particular crime, more than a mere express
planning or preparation, which if agreement;
carried to its complete termination b) The participants acted in concert
following its natural course, without or simultaneously which
being frustrated by external obstacles, is indicative of a meeting of
nor by voluntary desistance of the the minds towards a common
perpetrator will logically ripen into a criminal objective. There is an
concrete offense. implied agreement.

INDETERMINATE OFFENSE: One where GENERAL RULE: Mere conspiracy

the purpose of the offender in or proposal to commit a felony is
performing an act is not certain. The not punishable since they are only
accused maybe convicted for a felony preparatory acts
defined by the acts performed by him EXCEPTION: in cases in which the law
up to the time of desistance. specially provides a penalty therefor, such
as in treason, coup d’etat, and rebellion or
2 STAGES IN THE DEVELOPMENT OF A insurrection
CRIME:
1) Internal acts “The act of one is the act of all”
 Such as mere ideas in the mind GENERAL RULE: When conspiracy is
of person. established, all who participated therein,
 Not punishable. irrespective of the quantity or quality of
2) External acts cover: his participation is liable equally,
a) Preparatory acts - ordinarily whether conspiracy is pre-
not punished except when planned or instantaneous.
considered by law as independent EXCEPTION: Unless one or some of the
crimes (e.g. Art. 304, Possession conspirators committed some other crime
of picklocks and similar tools) which is not part of the intended
b) Acts of Execution - crime.
punishable EXCEPTION TO THE EXCEPTION: When the
under the RPC act constitutes a “single indivisible
offense”.
 ART. 7 – LIGHT FELONIES
 Conspiracy may be inferred when two
 Light Felonies are punishable or more persons proceed to perform
only when they have been overt acts towards the
consummated EXCEPT: If committed accomplishment of the same
against persons or property, felonious objective, with each doing
punishable even if not his act, so that their acts
consummated. though seemingly independent were
in fact connected, showing a common
 Only principals and accomplices are design.
liable, accessories are not liable
even if committed against  These overt acts must consist of:
persons or property. - active participation in the actual
commission of the crime itself, or
- moral assistance to his co-
 ART. 8 – CONSPIRACY AND PROPOSAL conspirators by being present at the
TO COMMIT FELONY time of the commission of the crime,
or
REQUISITES OF CONSPIRACY - exerting a moral ascendance over
1. That 2 or more persons came to an the other co-conspirators by
agreement. moving them to execute or
2. That the agreement pertains to implement the criminal plan
the commission of a felony. (PEOPLE vs. ABUT, et al., GR No.
3. That the execution of the felony was 137601, April 24, 2003)
decided upon.
REQUISITES OF PROPOSAL:
2 CONCEPTS OF CONSPIRACY 1. That a person has decided to commit a
1. Conspiracy as a crime by felony; and
itself.EXAMPLE: conspiracy to 2. That he proposes its execution to
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some other person or persons.
 ART. 9 – CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
Importance of Classification
1. To determine whether these felonies
can be complexed or not.
2. To determine the prescription of the
crime and the prescription of the
penalty.
Grave felonies – are those to which the
law attaches the capital punishment
or penalties which in any of their periods
are afflictive, in accordance with Art. 25
of the Code.
Less grave felonies – are those which
the law punishes with penalties which in
their maximum period are
correctional, in accordance with Art. 25 of
the Code.
Light felonies – are those infractions of
law for the commission of which the
penalty of arresto menor or a fine not
exceeding 200 pesos, or both, is provided.
 ART. 10 – OFFENSES NOT SUBJECT TO
THE PROVISIONS OF THE RPC
GENERAL RULE: RPC provisions are
supplementary to special laws.
EXCEPTION:
1. Where the special law provides
otherwise; and
2. When the provisions of the RPC are
impossible of application, either by
express provision or by necessary
implication.
Thus, when the special law adopts the
penalties imposed in the RPC, such as
reclusión perpetua or reclusión temporal,
the provisions of the RPC on imposition
of penalties based on stage of
execution, degree of participation, and
attendance of mitigating and aggravating
circumstances may be applied by necessary
implication.
Chapter Two: Justifying Circumstances
and Circumstances Which Exempt from
Criminal Liability (Arts. 11-12)
 ART. 11. JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES – are those
where the act of a person is said to be
in
MEMORY AID IN CRIMINAL LAW
accordance with law, so that such
person is deemed not to have
transgressed the law and is free from both
criminal and civil liability. There is no civil
liability, except in par. 4 of Art. 11,
where the civil liability is borne by the
persons benefited by the act.
1. SELF- DEFENSE
REQUISITES:
a) Unlawful aggression (condition sine
qua non);
b) Reasonable necessity of the means
employed to prevent or repel it; and
c) Lack of sufficient provocation on the
part of the person defending himself.
UNLAWFUL AGGRESSION
- is equivalent to an
actual physical assault or, at least
- threatened assault of an
immediate and imminent kind which is
offensive and positively strong, showing
the wrongful intent to cause injury.
TEST OF REASONABLENESS – the means
employed depends upon the nature and
quality of the (1) weapon used by
the aggressor, and (2) his physical
condition, character, size and other
circumstances, (3) and those of the
person defending himself, (4) and also
the place and occasion of the assault.
 Perfect equality between the weapons
used by the one defending himself and
that of the aggressor is not required,
nor material commensurability
between the means of attack and
defense.
REASON: Because the person assaulted
does not have sufficient tranquility
of mind to think and to calculate.
Rights included in self-defense:
Self-defense includes not only the defense
of the person or body of the one assaulted
but also that of his rights, the
enjoyment of which is protected by
law. Thus, it includes:
1. The right to honor. Hence, a slap
on
the face is considered as unlawful
aggression directed against the honor
of the actor (People vs. Sabio, 19 SCRA
901).
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2. The defense of property rights, only if
there is also an actual and imminent
danger on the person of the one
defending ( People vs Narvaez,
121
SCRA 389).
“Stand ground when in the right” -
the law does not require a person to
retreat when his assailant is rapidly
advancing upon him with a deadly weapon.
Under Republic Act 9262, known as the
Anti- Violence against Women and their
Children Act of 2004:
Victim-survivors who are found by
the courts to be suffering from Battered
Woman Syndrome do not incur any
criminal or civil liability notwithstanding
the absence of any of the elements for
justifying circumstances of self-defense
under the RPC. (Sec. 26, R.A. No. 9262)
The law provides for an additional
justifying circumstance.
Battered Woman Syndrome – refers
to a scientifically defined pattern
of psychological and behavioral
symptoms found in women living in
battering relationships as a result of
cumulative abuse.
Battery – refers to any act of
inflicting physical harm upon the woman
or her child resulting to physical and
psychological or emotional distress.
2. DEFENSE OF RELATIVES
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the
means employed to prevent or
repel it; and
3. In case the provocation was
given by the person attacked,
the one making the defense had
no part therein.
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.
5. Relatives by consanguinity within the
fourth civil degree.
3. DEFENSE OF STRANGER
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. The person defending be not induced
by revenge, resentment or other evil
motive.
4. AVOIDANCE OF GREATER EVIL OR
INJURY
REQUISITES:
1. That the evil sought to be avoided
actually exists:
2. That the injury feared be greater
than that done to avoid it; and
3. There be no other practical and
less
harmful means of preventing it.
 No civil liability except when there
is another person benefited in
which case the latter is the one liable.
 Greater evil must not be brought
about by the negligence or imprudence
or violation of law by the actor.
5. FULFILLMENT OF DUTY; OR LAWFUL
EXERCISE OF RIGHT OR OFFICE.
REQUISITES:
1. That the accused acted in the
performance of a duty or in the
lawful exercise of a right or office;
2. That the injury caused or
the offense committed be
the necessary consequence of the
due performance of duty or the
lawful exercise of such right or
office.
6. OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE.
REQUISITES:
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.
 Subordinate is not liable for carrying
out an illegal order if he is not
aware of its illegality and he is not
negligent.
 ART. 12. EXEMPTING CIRCUMSTANCES
Exempting Circumstances (or the
circumstances for non-imputability) – are
those grounds for exemption from
punishment, because there is wanting in
the agent of the crime any of
the conditions which makes the act
voluntary, or negligent.
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BASIS:

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 MEMORY AID IN CRIMINAL LAW
The exemption from punishment is based without the least discernment because
on the complete absence of intelligence, there is a complete absence of
freedom of action, or intent, or on the the power to discern or a total
absence of negligence on the part of the deprivation of freedom of the will.
accused. (PEOPLE vs. ANTONIO, GR No.
144266, November
27, 2002)
JUSTIFYING EXEMPTING
CIRCUMSTANCE CIRCUMSTANCE 2. PERSON UNDER NINE YEARS OF AGE
1. It affects the 1. It affects
act not the actor. the actor not the act.  An infant under the age of nine
2. The act is 2. The act years is absolutely and
considered to complained of is conclusively presumed to be
have been done actually wrongful, incapable of committing a crime.
within the bounds but the actor is not
of law; hence, liable.
legitimate and
 The phrase “under nine years” should
lawful in the eyes be construed “nine years or less”
of the law. 3. Since the
3. Since the act is act complained of 3. PERSON OVER NINE YEARS OF AGE
considered lawful, is actually wrong AND UNDER 15 ACTING WITHOUT
there is no crime. there is a crime but DISCERNMENT.
since the actor
acted without  Must have acted without discernment.
voluntariness, there
is no dolo nor culpa
DISCERNMENT – mental capacity to fully
4. Since there is a appreciate the consequences of an
4. Since there is crime committed unlawful act.
no crime, nor though there is no Discernment maybe shown by:
a criminal, there criminal, there is a) The manner the crime was
is also no criminal civil liability. committed: or
or civil liability. b) The conduct of the offender after its
(except Art. 11, par. commission.
4)
4. ACCIDENT WITHOUT
1. IMBECILITY OR INSANITY FAULT OR INTENTION OF CAUSING IT
Insanity or imbecility exists when there is
a complete deprivation of intelligence or  Basis: Lack of negligence or intent.
freedom of the will.
 An insane person is not so exempt if it ELEMENTS:
can be shown that he acted during a 1. A person is performing a lawful act;
lucid interval. But an imbecile 2. With due care;
is exempt in all cases from 3. He causes injury to another by mere
criminal liability. accident;
4. Without fault or intention of causing
TWO TESTS OF INSANITY: it.
1. Test of COGNITION – complete
deprivation of intelligence in 5. A PERSON WHO ACTS UNDER THE
committing the crime. COMPULSION OF AN IRRESISTABLE
2. Test of VOLITION – total FORCE
deprivation of freedom of will.
 The defense must prove that the ELEMENTS:
accused was insane at the time of 1. That the compulsion is by means of
the commission of the crime because physical force.
the presumption is always in favor 2. That the physical force must
of sanity. be irresistable.
3. That the physical force must
 Insanity exists when there is a come from a third person.
complete deprivation of intelligence in
committing the act. Mere abnormality  Basis: complete absence of freedom or
of the mental faculties will not voluntariness.
exclude imputability. The accused
must be "so insane as to be  The force must be so irresistable as to
incapable of entertaining criminal reduce the actor to a mere instrument
intent." He must be deprived of reason
and acting
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 who act not only without will but physically impossible for her to take
against his will. home the child. (People vs. Bandian,
63 Phil. 530).
6. UNCONTROLLABLE FEAR The severe dizziness and extreme
debility of the woman constitute an
ELEMENTS: insuperable cause.
1. That the threat which causes the ABSOLUTORY CAUSES - are those where
fear the act committed is a crime but for
is of an evil greater than, or at reasons of public policy and
least
sentiment, there is no penalty imposed.
equal to, that which he is required
to commit;
2. That it promises an evil of such gravity Other absolutory causes:
and imminence that the ordinary 1. Spontaneous desistance (Art. 6)
2. Accessories who are exempt
man would have succumbed to it.
from
criminal liability (Art. 20)
 Duress as a valid defense should be
3. Death or physical injuries inflicted
based on real, imminent, or
under exceptional circumstances (Art.
reasonable fear for one’s life or
247)
limb and should not be
4. Persons exempt from criminal
speculative, fanciful, or remote fear.
liability for theft, swindling and
malicious mischief (Art. 332)
“ACTUS ME INVITO FACTUS NON EST
5. Instigation
MEUS ACTUS” – An act done by me
 Entrapment is NOT an absolutory
against my will is not my act.
cause. A buy-bust operation
conducted in connection with illegal
7. INSUPERABLE CAUSE.
drug-related offenses is a form of
entrapment.
INSUPERABLE CAUSE – some motive which
has lawfully, morally or physically
PME TION
prevented a person to do what the law
commands.

ELEMENTS:
1. That an act is required by law to be 1. Ways and 1. Instigator
done. means are induces the would-
2. That a person fails to perform such resorted to for the be accused to
act. capture of commit the crime,
3. That his failure to perform such act lawbreaker in the hence he becomes a
execution of his co-principal.
was due to some lawful or insuperable
criminal plan.
cause.
2. not a bar 2. it will result in
to the the acquittal of
Examples: prosecution and the accused.
a. The municipal president detained the conviction of the
offended party for three days lawbreaker
because to take him to the nearest
justice of
the peace required a journey for three and extreme debility, and left the
days by boat as there was no other child in a thicket were said child died, is
means of transportation. (US vs. not liable for infanticide because it was
Vicentillo, 19 Phil. 118) Chapter Three: Circumstances Which
Mitigate Criminal Liability
The distance which required a
journey for three days was  ART.13 MITIGATING CIRCUMSTANCES MITIGATING
considered an insuperable cause.
Note: Under the law, the CIRCUMSTANCES – those
person arrested must be delivered which if present in the commission of the
to the nearest judicial authority crime, do not entirely free the actor from criminal
at most within 18 hours (now 36 liability but serve only to reduce the penalty.
hours, Art.
125 RPC); otherwise, the public officer  One single fact cannot be made the basis of
more than one mitigating circumstance.
will be liable for arbitrary detention.
Hence, a mitigating circumstance arising

b. A mother who at the time of childbirth from a single fact, absorbs all the
was overcome by severe dizziness other mitigating circumstances arising
from the same fact.
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 MEMORY AID IN CRIMINAL LAW
BASIS : Diminution of either freedom of 4. Minor delinquent under 18 years of
action intelligence or intent or on the age, sentence suspended (Art. 192,
lesser perversity of the offender. PD 603 as amended by PD 1179)
5. 18 years or over – full criminal
CLASSES ORDINARY PRIVILEGED responsibility.
6. 70 years or over – mitigating, no
Source Subsections Arts. 68, 69 imposition of death penalty; if
1-10 of Art. and 64 already imposed, execution of death
13 (RPC) of RPC penalty is suspended and commuted.
As to the If not offset It operates  BASIS: diminution of intelligence
effect (by an to reduce
aggravating the penalty
circumstanc by one to 3. NO INTENTION TO COMMIT SO GRAVE
e) it will two degrees A WRONG
operate to depending
have the upon what Rule for the application:
penalty the law Can be taken into account only when
imposed at provides the facts proven show that there is a
its minimum notable and evident disproportion
period, between the means employed to execute
provided the
the criminal act and its consequences.
penalty is
a divisible
one
As to offset May be Cannot be
offset by offset  Intention may be ascertained by
aggravating considering:
circums- a) the weapon used
tance b) the part of the body injured
c) the injury inflicted
1. INCOMPLETE JUSTIFYING OR one (1) degree lower than
EXEMPTING CIRCUMSTANCES that imposed. (Art. 68 par. 2)
 BASIS : intent is diminished
 Applies, when all the requisites
necessary to justify the act are not 4. PROVOCATION OR THREAT
attendant.
PROVOCATION – any unjust or improper
 But in the case of “incomplete self- conduct or act of the offended party,
defense, defense of relatives, and capable of exciting, inciting or irritating
defense of a stranger”, unlawful any one.
aggression must be present, it being REQUISITES:
an indispensable requisite. 1. The provocation must be sufficient.
2. It must originate from the offended
2. UNDER 18, OR OVER 70 YEARS OLD party.
3. The provocation must be immediate to
 It is the age of the accused at the time the commission of the crime by the
of the commission of the crime person who is provoked.
which should be determined. His age  The threat should not be offensive and
at the time of the trial is immaterial. positively strong. Otherwise, the
threat to inflict real injury is an
Legal effects of various ages of offender unlawful aggression, which may give
1. Nine (9) years of age and below – rise to self-defense.
exempting circumstance. (Art. 12, 5. VINDICATION OF GRAVE OFFENSE
par. 2) REQUISITES:
1. That there be a grave offense done
2. Over 9 but not more than 15 – to
exempting unless, he acted the one committing the felony, his
with discernment in which case spouse, ascendants; descendants,
penalty is reduced to at least two legitimate, natural or adopted
(2) degrees lower than that brothers or sisters or relatives by
imposed. (Art. 12, par. 3; Art. 68, affinity within the same degrees;
par. 1) 2. That the felony is committed in
3. Above 15 but under 18 - regardless of immediate vindication of such
discernment, penalty is reduced by grave offense.

long as the from the

 “Immediate” allows for a lapse of time offender is
unlike in sufficient provocation, as still suffering
P a g e 11 | 61
 mental agony brought about by the - the offense need -must immediately
offense to him. not be immediate. It precede the
is only required that commission of the
PROVOCATION VINDICATION the influence thereof crime.
lasts until the
moment the crime
is committed
1. It is made 1. The grave
directly only to the
7. SURRENDER AND CONFESSION OF
offense may be
person committing committed also
GUILT
the felony. against the
offender’s relatives REQUISITES OF VOLUNTARY SURRENDER:
mentioned by law. 1. That the offender had not been
2. The cause that 2. The offended actually arrested;
brought about party must have 2. That the offender surrendered
the provocation done a grave himself to a person in authority or
need not be a offense to the to the
grave offense. offender or latter’s agent;
his relatives 3. That the surrender was voluntary.
mentioned by law.
3. It is necessary 3. The vindication
WHEN SURRENDER VOLUNTARY
that the provocation of the grave offense
or threat may be proximate, A surrender to be voluntary must be
immediately which admits of an spontaneous, showing the intent of
preceded the act. INTERVAL of time. the accused to submit himself
unconditionally to the authorities, either
because:
1. he acknowledges his guilt; or
5. PASSION OR OBFUSCATION 2. he wishes to save them the trouble
and expense necessarily incurred in his
It requires that: search and capture.
1. The accused acted upon an impulse. REQUISITES OF VOLUNTARY PLEA OF
2. The impulse must be so powerful GUILTY:
that 1. That the offender spontaneously
it naturally produced passion confessed his guilt.
or obfuscation in him. 2. That the confession of guilt was
made in open court, that is,
REQUISITES: before the competent court that is
1. That there be an act, both unlawful to try the case; and
and sufficient to produce such 3. That the confession of guilt was
a condition of mind; made prior to the presentation of
2. That said act which produced the evidence for the prosecution.
obfuscation was not far removed  BASIS: lesser perversity of the
from the commission of the crime offender.
by a considerable length of time,
during which the perpetrator might 8. PHYSICAL DEFECT OF OFFENDER
recover his normal equanimity.
 When the offender is deaf and
 A mitigating circumstance only when dumb, blind or otherwise suffering from
the same arose from lawful some physical defect, restricting his
sentiments. means of action, defense or
communication with others.
 BASIS: Loss of reasoning and self-
control, thereby diminishing the  The physical defect must relate to the
exercise of his will power. offense committed.

WHEN PASSION OR OBFUSCATION NOT the provocation comes from the injured
MITIGATING: When committed: party.
1. In the spirit of lawlessness, or
2. In a spirit of revenge  BASIS: diminution of element
of voluntariness.
- produced by ROVION
PASSION/ an impulse which
may be 9. ILLNESS OF THE OFFENDER
OBFUSCATION caused by
provocation REQUISITES:

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 MEMORY AID IN CRIMINAL LAW
1. That the illness of the offender i) Craft, fraud or disguise;
must diminish the exercise of his j) Unlawful entry;
will- power. k) Breaking of parts of the house;
2. That such illness should not deprive l) Use of persons under 15 years of
the offender of consciousness of his age.
acts.

 Includes illness of the mind not 2. Specific – those which apply only to
amounting to insanity. specific crimes, such as ignominy in
crimes against chastity and cruelty and
 BASIS: diminution of intelligence and treachery which are applicable only to
intent.
crimes against persons.
a) Disregard of rank, age or sex
10. SIMILAR AND ANALOGOUS
due the offended party;
CIRCUMSTANCES
b) Abuse of superior strength or
means be employed to weaken the
EXAMPLES:
1) Impulse of jealousy, similar to passion defense;
and obfuscation. c) Treachery (alevosia);
2) Testifying for the prosecution, d) Ignominy;
analogous to plea of guilty e) Cruelty;
f) Use of unlicensed firearm in the
murder or homicide committed
Chapter Four: Circumstances which therewith (RA 8294).
Aggravate Criminal Liability (Art. 14)

Aggravating circumstances – are those 3. Qualifying – those that change the

which, if attendant in the commission of nature of the crime.
the crime, serve to have the penalty  Alevosia (treachery) or evident
imposed in its maximum period provided premeditation qualifies the killing
by law for the offense or change the of a person to murder.
nature of the crime.  Art. 248 enumerates the qualifying
aggravating circumstances which
BASIS: quality the killing of person to
They are based on the greater perversity murder.
of the offender manifested in
the commission of the felony as shown by:
1. the motivating power itself, 4. Inherent – those which of necessity
2. the place of the commission, accompany the commission of
3. the means and ways employed the crime, therefore not considered
4. the time, or in increasing the penalty to be
5. the personal circumstances of imposed, such as:
the offender, or the offended party. a) Evident premeditation in robbery,
theft, estafa, adultery and
KINDS OF AGGRAVATING concubinage;
CIRCUMSTANCES: b) Abuse of public office in bribery;
c) Breaking of a wall or unlawful
1. Generic – those which apply to all entry into a house in robbery
crimes, such as: with the use of force upon things;
a) Advantage taken of d) Fraud in estafa;
public position; e) Deceit in simple seduction;
b) Contempt or insult of public f) Ignominy in rape.
authorities;
c) Crime committed in the dwelling
of the offended party; 5. Special – those which arise under
d) Abuse of confidence or obvious special conditions to increase the
ungratefulness; penalty of the offense and cannot be
e) Place where crime is committed; offset by mitigating circumstances,
f) Nighttime, uninhabited place, or such as:
band; a) Quasi-recidivism (Art. 160);
g) Recidivism (reincidencia); b) Complex crimes (Art. 48);
h) Habituality (reiteracion); c) Error in personae (Art. 49);

P a g e 13 | 61
 d) Taking advantage of public circumstances are attendant. (Art. 62,
position and membership in an par. 3)
organized/syndicated crime group 4. The circumstances which consist
(Par.1[a], Art. 62). a) In the material execution of
the act, or
GENERIC QUALIFYING b) In the means employed
AGGRAVATING AGGRAVATING to accomplish it,
CIRCUMSTANCE CIRCUMSTANCE shall serve to aggravate the liability of
As to its effect those persons only who had knowledge
Increases the penalty To give the crime of them at the time of the
which should be its proper and execution
imposed upon exclusive name and of the act or their cooperation
the accused to to place the author therein. Except when there is proof of
the maximum period thereof in such a conspiracy in which case the act of
but without situation as to one is deemed to be the act of all,
exceeding the limit deserve no other regardless of lack of knowledge of
prescribed by law. penalty than that
the facts constituting the
specially prescribed
by law for said
circumstance. (Art. 62, par. 4)
crime. 5. Aggravating circumstances, regardless
of its kind, should be specifically
alleged in the information AND proved
As to whether it can be offset by a
as fully as the crime itself in order to
mitigating circumstance
May be offset by Cannot be offset by a
increase the penalty. (Sec. 9, Rule
a mitigating mitigating 110, 2000 Rules of Criminal
circumstance. circumstance Procedure)
6. When there is more than one
qualifying aggravating circumstance
RULES ON AGGRAVATING shall only serve to aggravate
CIRCUMSTANCES the liability of the principals,
1. Aggravating circumstances shall not be accomplices and accessories as to
appreciated if: whom such
a) They constitute a crime specially present, one of them will be
punishable by law, or appreciated as qualifying aggravating
b) They are included by the law in
while the others will be considered
defining a crime and prescribing
as generic aggravating.
a penalty therefor, shall not
 ART. 14 – AGGRAVATING
be taken into account for the
CIRCUMSTANCES
purpose of increasing the penalty.
EXAMPLE: “That the crime
Par. 1. – That advantage be taken by
be the offender of his public position.
committed by means
of  Applicable only when the offender is a
…fire,…explosion” (Art. 14, par. 12) is public officer.
in itself a crime of arson (Art. 321)  The offender must have abused his
or a crime involving destruction public position or at least use of the
(Art. same facilitated the commission of the
324). It is not to be considered offense.
to increase the penalty for the crime  This circumstance cannot be taken
of arson or for the crime into consideration in offenses where
involving destruction. taking advantage of official position
2. The same rule shall apply with respect is made by law an integral element
to any aggravating circumstance of the crime, such as in
inherent in the crime to such a degree malversation under Art. 217, or in
that it must of necessity accompany falsification of a document
the commission thereof. (Art. 62, par. committed by public officers
2) under Art. 171.
3. Aggravating circumstances which  Taking advantage of a public position
arise: is also inherent in the case of
a) From the moral attributes of the accessories under Art. 19, par.
offender, or 3 (harboring, concealing, or assisting
b) From his private relations with the in the escape of the principal of
offended party, or the
c) From any personal cause, crime), and in crimes committed by
public officers (Arts. 204-245).
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 MEMORY AID IN CRIMINAL LAW
Par. 2 – That the crime be committed in fix the relative position of the offended
contempt of or with insult to the party in reference to others.
public authorities. - there must be a difference in the
social condition of the offender and the
REQUISITES OF THIS CIRCUMSTANCE: offended party.
1. That the public authority is engaged in
the exercise of his functions. Age of the offended party – may refer
2. That he who is thus engaged in the to old age or the tender age of the victim.
exercise of said functions is not the
person against whom the crime is Sex of the offended party – refers to
committed. the female sex, not to the male sex.
3. The offender knows him to be a public
authority. THE AGGRAVATING CIRCUMSTANCE OF
4. His presence has not prevented DISREGARD OF RANK, AGE, OR SEX
the offender from committing the IS NOT APPLICABLE IN THE
criminal act. FOLLOWING CASES:
1. When the offender acted with
Public authority – sometimes also called a passion and obfuscation.
person in authority, is a public officer who is 2. When there exists a relationship
directly vested with jurisdiction, that is, a between the offended party and the
public officer who has the power to offender.
govern and execute the laws; like a 3. When the condition of being a
mayor, councilor, governor, barangay woman
captain and barangay chairman. is indispensable in the commission of
the crime. (e.g. in parricide,
 A teacher or professor of a public or abduction, seduction and rape)
recognized private school is not a
“public authority within  Disregard of sex and age are not
the contemplation of this absorbed in treachery because
paragraph. While he is a person in treachery refers to the manner of
authority under Art. 152, that the commission of the crime,
status is only for purposes of Art. while disregard of sex and age
148 (direct assault) and Art. 152 pertains to the relationship of the
(resistance and disobedience). victim (People vs. Lapaz, March 31,
1989).
Par. 3 – That the act be committed Dwelling – must be a building or structure,
(1) with insult or in disregard exclusively used for rest and comfort. A
of “combination of a house and a store” or a
the respect due the offended party on market stall where the victim slept is
account of his (a) rank, (b) age, or (c) not a dwelling.
sex, or - dwelling includes
(2) that it be committed in the dependencies, the foot of the
dwelling of the offended party, if the staircase and enclosure under the house.
latter has not given provocation.  The aggravating circumstance of
dwelling requires that the crime
 The four circumstances enumerated be wholly or partly committed
should be considered as one therein or in any integral part thereof.
aggravating circumstance only.  Dwelling does not mean the
 Disregard of rank, age or sex permanent residence or domicile of
is essentially applicable only to the offended party or that he must be
crimes against person or honor. They the owner thereof. He must, however,
are not be actually living or dwelling therein
taken into account in crimes against even for a temporary duration or
property. purpose.
 To be appreciated as an aggravating
circumstance, there must be  It is not necessary that the accused
evidence should have actually entered the
that in the commission of the crime, dwelling of the victim to commit the
the offender deliberately intended to offense; it is enough that the victim
offend or insult the sex, age and was attacked inside his own
rank house, although the assailant may
of the offended party. have devised means to perpetrate
Rank of the offended party – is the the assault from without.
designation or title of distinction used to

P a g e 15 | 61
WHAT AGGRAVATES THE COMMISSION 4. When the owner of the dwelling
OF gave sufficient and immediate
THE CRIME IN ONE’S DWELLING: provocation.
1. The abuse of confidence which
the offended party reposed in the
offender by opening the door to him; or
2. The violation of the sanctity of the
home by trespassing therein with
violence or against the will of the
owner.

MEANING OF PROVOCATION IN THE

AGGRAVATING CIRCUMSTANCE OF
DWELLING:
The provocation must be:
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the
crime.

 If all these conditions are present, the

offended party is deemed to have
given the provocation, and the
fact that the crime is committed
in the dwelling of the offended party
is not an aggravating circumstance.
REASON: When it is the offended party
who has provoked the incident, he
loses his right to the respect and
consideration due him in his own
house.

DWELLING IS NOT AGGRAVATING IN THE

FOLLOWING CASES:
1. When both the offender and
the offended party are occupants of
the same house, and this is true
even if
offender is a servant in the house.
 EXCEPTION: In case of adultery in
the conjugal dwelling, the same
is aggravating. However, if
the
paramour also dwells in
the
conjugal dwelling, the applicable
aggravating circumstance is abuse
of confidence.

2. When robbery is committed by the use

of force upon things, dwelling is not
aggravating because it is inherent.
 But dwelling is aggravating in
robbery with violence against or
intimidation of persons because
this class of robbery can be
committed without the
necessity
of trespassing the sanctity of the
offended party’s house.

3. In the crime of trespass to dwelling, it is

inherent or included by law in
defining the crime.

P a g e 16 | 61
  There must exist a close relation
between the provocation made
by the victim and the commission
of the crime by the accused.

5. The victim is not a dweller of

the house.

Par. 4. – That the act be committed with

(1) abuse of confidence or
(2) obvious ungratefulness.

 Par. 4 provides two

aggravating circumstances which, if
present in the same case and must
be independently appreciated.
 While one may be related to the other
in the factual situation in the case,
they cannot be lumped together
as
abuse of confidence requires a
special
confidential relationship between the
offender and the victim, but this is not
so in ungratefulness.

REQUISITES OF ABUSE OF CONFIDENCE:

1. That the offended party had trusted
the offender.
2. That the offender abused such trust by
committing a crime against the
offended party.
3. That the abuse of
confidence facilitated the
commission of the crime.
 Abuse of confidence is inherent in
malversation (Art. 217), qualified theft
(Art. 310), estafa by conversion or
misappropriation (Art. 315), and
qualified seduction (Art. 337).

REQUISITES OF OBVIOUS
UNGRATEFULNESS
1. That the offended party had trusted
the offender;
2. That the offender abused such trust by
committing a crime against the
offended party.
3. That the act be committed
with obvious ungratefulness.
 The ungratefulness contemplated by
par. 4 must be such clear and manifest
ingratitude on the part of the accused.

Par. 5 – That the crime be committed

(1) in the palace of the
Chief Executive, or in his
presence, or (2) where public
authorities are engaged in the
discharge of their duties, or
(3) in a place dedicated
to religious worship.

P a g e 17 | 61
 MEMORY AID IN CRIMINAL LAW
 Except for the third which  When the place of the crime
requires that official functions is illuminated by light, nighttime is
are being performed at the not aggravating.
time of the commission of the GENERAL RULE: Nighttime is absorbed in
crime, the other places mentioned treachery.
are aggravating per se even if no EXCEPTION: Where both the treacherous
official duties or acts of religious mode of attack and nocturnity were
worship are being conducted there. deliberately decided upon in the same
case, they can be considered separately if
 Cemeteries, however respectable they such circumstances have different factual
may be, are not considered as place bases. Thus:
dedicated to the worship of God.  In People vs. Berdida, et. al. (June
PAR. 5. Where PAR. 2. Contempt 30, 1966), nighttime was
public authorities or insult to public considered since it was purposely
are engaged in authorities sought, and treachery was further
the discharge of appreciated because the victim’s
their duties hands and arms were tied together
In both before he was beaten up by the
Public authorities are in the performance of accused.
their duties  In People vs. Ong, et. al. (Jan. 30,
Place where public duty is performed 1975), there was treachery as
In their office. Outside of their the victim was stabbed while
office. lying face up and defenseless,
and nighttime was considered
The offended party
upon proof that it facilitated
the
May or may not be Public authority
commission of the offense and was
the public authority should not be the
offended party taken advantage of by the
accused.

P a g e 18 | 61
 Par. 6. – That the crime
be committed
(1) in the nighttime, or
(2) in an uninhabited place, or
(3) by a band, whenever such circumstance may facilitate the
commission of the offense.

 When present in the same case and their element are distinctly palpable and can
subsist independently, they shall be considered separately.

WHEN NIGHTTIME, UNINHABITED PLACE OR BAND AGGRAVATING:

1. When it facilitated the commission of the crime; or
2. When especially sought for by the
offender to insure the commission of the crime or for the purpose of impunity; or
3. When the offender took advantage
thereof for the purpose of impunity.

Nighttime (obscuridad) – that period of darkness beginning at end of dusk and ending
at dawn. Nights are from sunset to sunrise.

 It is necessary that the commission of the crime was begun and completed at nighttime.
Uninhabited place (despoblado) – one where there are no houses at all; a place at a
considerable distance from town, or where the houses are scattered at a great distance
from each other.
 What actually determines whether this aggravating circumstance should be considered
against the accused, aside from the distance and isolation of the place, is the
reasonable possibility of the victim receiving or securing aid from third persons.
Band (en cuadrilla) – whenever more than three (i.e., at least four) armed
malefactors shall have acted together in the commission of an offense, it shall be deemed
committed by a band.
 The requisite four armed persons
contemplated in this circumstance must all be principals by direct participation who acted together
in the execution of the acts constituting the crime.

If one of them was a principal by inducement, there would be no cuadrilla but the aggravating
circumstance of having acted with the aid of armed men may be considered against the
inducer if the other two acted as his accomplice

P a g e 19 | 61
 Par. 6 “By a Par. 8. “With the
 This aggravating circumstance is band” aid of armed
absorbed in the circumstance of abuse men”
of superior strength. As to their number
 This aggravating circumstance is not Requires more than At least two
applicable in crimes against chastity. three armed
malefactors (i.e., at
Par. 7 – That the crime be committed on least four)
the occasion of a conflagration, As to their action
shipwreck, earthquake, epidemic or Requires that more This circumstance is
other calamity or misfortune. than three armed present even if
malefactors shall one of the
have acted together offenders merely
REASON FOR THE AGGRAVATION: in the commission relied on their aid,
The debased form of criminality met in of an offense. for actual aid is not
one who, in the midst of a great calamity, necessary.
instead of lending aid to the
afflicted,
adds to their suffering by taking advantage  If there are four armed men, aid of
of their misfortune to despoil them. armed men is absorbed in employment
Therefore it is necessary that the offender of a band. If there are three armed
took advantage of the calamity men or less, aid of armed men may be
or misfortune. the aggravating circumstance.
 “Aid of armed men” includes
Par. 8 – That the crime be committed “armed women.”
with the aid of Par. 9 – That the accused is a recidivist.
(1) armed men or REQUISITES:
(2)persons who insure 1. That the offender is on trial for an
or afford impunity. offense;
2. That he was previously convicted by
REQUISITES: final judgment of another crime;
1. That armed men or persons took 3. That both the first and the
part in the commission of the second offenses are embraced in
crime, directly or indirectly. the same title of the Code;
2. That the accused availed himself of 4. That the offender is convicted of the
their aid or relied upon them when the new offense.
crime was committed.
MEANING OF “at the time of his trial for
 This aggravating circumstance requires one crime.”
that the armed men are accomplices It is employed in its general
who take part in that minor capacity sense, including the rendering of the
directly or indirectly, and not when judgment. It is meant to include everything
they were merely present at the crime that is done in the course of the
scene. Neither should they constitute trial, from arraignment until after
a band, for then the proper sentence is announced by the judge in
aggravating circumstance would be open court.
cuadrilla.  Being an ordinary aggravating
circumstance, recidivism affects only
the periods of a penalty, except
WHEN THIS AGGRAVATING in prostitution and vagrancy (Art.
CIRCUMSTANCE SHALL NOT BE 202) and gambling (PD 1602)
CONSIDERED: wherein recidivism increases the
1. When both the attacking party and the penalties by degrees. No other
party attacked were equally armed. generic aggravating circumstance
2. When the accused as well as produces this effect.
those who cooperated with him  In recidivism it is sufficient that the
in the commission of the crime succeeding offense be
acted under the same plan and for committed after the commission of the
the same purpose. preceding offense provided that at
the time of his trial for the second
offense, the accused had already been
convicted of the first offense.

P a g e 20 | 61
 MEMORY AID IN CRIMINAL LAW
 If both offenses were committed on It is necessary that It is enough that a
the same date, they shall be the offender final judgment has
considered as only one, hence, they shall have served been rendered in
cannot be separately counted in out his sentence the first offense.
order to constitute recidivism. for the first
Also, offense
As to the kind of offenses involved
judgments of convicted handed down
on the same day shall be considered as The previous and Requires that the
only one conviction. subsequent offenses offenses be
REASON: Because the Code requires must not be em included in the
braced in the same same title of the
that to be considered as separate
title of the Code. Code.
convictions, at the time of his trial for
one crime the accused shall have been
previously convicted by final judgment THE FOUR FORMS OF REPETITION ARE:
of the other.
 To prove recidivism, it is necessary 1. Recidivism (par. 9, Art. 14) – where a
to allege the same in the information person, on separate occasions, is
and to attach thereto certified copy of convicted of two offenses embraced in the
the same title in the RPC. This is a generic
sentences rendered against the aggravating circumstance.
accused.
2. Reiteracion or habituality (par. 10, Art.
 Recidivism must be taken into account 14) – where the offender has been
no matter how many years have previously punished for an offense to
intervened between the first and which the law attaches an equal or greater
second felonies. penalty or for two crimes to which it
attaches a lighter penalty. This is a
 Even if the accused was granted a generic aggravating circumstance.
pardon for the first offense, but he
commits another felony embraced in 3. Multi-recidivism or habitual delinquency
the same title of the Code, the first (Art. 62, par, 5) – where a person within a
conviction is still counted to make him a period of ten years from the date of his
recidivist since pardon does not release or last conviction of the crimes
obliterate the fact of his prior of serious or less serious physical
conviction. injuries, robbery, theft, estafa or
The rule is different in the case of falsification, is found guilty of the said
amnesty which theoretically considers crimes a third time or oftener. This is
the previous transgressions as not an extraordinary aggravating
punishable. circumstance.

Par. 10 – That the offender has been
previously punished for an offense
to which the law attaches an equal
or greater penalty or for two or
more crimes to which it attaches a
lighter penalty.
REQUISITES of REITERACION
HABITUALITY:
1. That the accused is on trial for
an offense;
2. That he previously served sentence for
another offense to which the law
attaches an
a) Equal or
b) Greater penalty, or
c) For two or more crimes to which it
attaches a lighter penalty than
that for the new offense; and
3. That he is convicted of the new
offense
CN RECIDIVISM As to the
offense
4. Quasi-recidivism (Art. 160) – Where a
person commits felony before beginning to
serve or while serving sentence on a
previous conviction for a felony. This is
a special aggravating circumstance.
 Since reiteracion provides that the
accused has duly served the sentence
or for his previous conviction/s, or is
legally considered to have done
so, quasi-recidivism cannot at the
same time constitute reiteracion, hence
this aggravating circumstance cannot
apply to a quasi-recidivist.
 If the same set of facts
constitutes recidivism and reiteracion,
the liability of the accused should be
aggravated by recidivism which can
easily be proven.
Par. 11 – That the crime be committed
in consideration of a price, reward or
promise.
 When this aggravating circumstance is
present, there must be two or more

P a g e 21 | 61
 principals, the one who gave or 2. An act manifestly indicating that the
offered the price or promise and the culprit has clung to his
one who accepted it, both of whom determination; and
are principals. 3. A sufficient lapse of time between the
determination and execution, to
 If without previous promise it was allow him to reflect upon the
given voluntarily after the crime had consequences of his act and to allow
been committed as an expression of his conscience to overcome the
his appreciation for the sympathy resolution of his will.
and aid shown by the other
accused, it should not be taken into  To establish evident premeditation, it
consideration for the purpose of must be shown that there was a period
increasing the penalty. sufficient to afford full opportunity for
meditation and reflection, a time
 The price, reward or promise need not adequate to allow the conscience to
consist of or refer to material things or overcome the resolution of the will, as
that the same were actually delivered, well as outward acts showing the
it being sufficient that the offer made intent to kill. It must be shown
by the principal by inducement be that the offender had sufficient
accepted by the principal by time to reflect upon the
direct participation before the consequences of his act but still
commission of the offense. persisted in his determination to
commit the crime. (PEOPLE vs.
Par. 12 – That the crime be committed SILVA, et. al., GR No.
by means of inundation, fire, 140871, August 8, 2002)
poison, explosion, stranding of a
vessel or intentional damage thereto,  The essence of evident premeditation
derailment of a locomotive, or by the is that the execution of the criminal
use of any other artifice involving great act is preceded by cool thought and
waste and ruin. reflection upon the resolution to carry
out the criminal intent within a
 When another aggravating space of time sufficient to arrive at
circumstance already qualifies the a calm judgment. (PEOPLE vs.
crime, any of these ABADIES, GR No. 135975, August 14,
aggravating circumstances shall be 2002)
considered as generic aggravating
circumstance only.  Evident premeditation is presumed to
exist when conspiracy is directly
 A killing committed through any of established. When conspiracy is
these qualifies the crime to murder, merely implied, evident premeditation
except if arson was resorted to but cannot be presumed, the latter must
without intent to kill, in view of be proved like any other fact. (PEOPLE
P.D. vs. SAPIGAO, et. al., GR No. 144975,
1613 which provides a specific penalty June 18, 2003)
for that situation.
 Premeditation is absorbed by reward
or promise.

 When the offender decides to kill a

PAR. 12 “by PAR. 10 “on the particular person and premeditated on
means of occasion of a the killing of the latter, but when
inundation, fire, conflagration, he carried out his plan he actually
etc.” shipwreck, etc. killed another person, it cannot
The crime is The crime is properly be said that he
committed by committed on the premeditated on the killing of the
means of any occasion of a actual victim.
such acts involving calamity or
great waste or ruin. misfortune.
 But if the offender premeditated on
the killing of any person, it is proper
to consider against the offender the
Par. 13 – That the act be committed 1. The time when the offender
with evident premeditation determined to commit the crime;
REQUISITES:
The prosecution must prove –

P a g e 22 | 61
 aggravating circumstance of
premeditation, because whoever is
killed by him is contemplated in his
premeditation.

Par. 14 – That (1) craft, (2) fraud, or (3)

disguise be employed

P a g e 23 | 61
 MEMORY AID IN CRIMINAL LAW
 The test of disguise is whether
Craft (astucia) – involved the use of the device or contrivance resorted to
intellectual trickery or cunning on the part by the offender was intended to or
of the accused. did make identification more
- it is a chicanery difficult, such as the use of a mask or
resorted to by the accused to aid in the false hair or beard.
execution of his criminal design. It is
employed as a scheme in the execution of  The use of an assumed name in the
the crime. publication of a libel constitutes
disguise.
Fraud (fraude) – insidious words or Par. 15 – That (1) advantage be taken of
machinations used to induce the victim superior strength, or (2) means
to act in a manner which would enable be employed to weaken the defense.
the offender to carry out his design.  Par. 15 enunciates two aggravating

FRAUD CRAFT
Where there is The act of the circumstances, namely, that
a direct accused done in advantage was taken of superior
inducement by order not to strength, or that means
insidious words or arouse the suspicion
machinations, fraud were employed by the offender to
of the victim weaken the defense of the victim,
is present. constitutes craft.
either of which qualifies a killing to
murder.

 MEANING OF “advantage be taken”:

According to Justice Regalado, the fine
distinctions between “craft” and “fraud”
would not really be called for as these
terms in Art. 14 are variants of means
employed to deceive the victim and if
all are present in the same case, they
shall be applied as a single aggravating
circumstance.
 Craft and fraud may be absorbed in
treachery if they have been
deliberately adopted as the means,
methods or forms for the treacherous
strategy, or they may co-exist
independently where they are adopted
for a different purpose in the
commission of the crime.
 For instance:
 In People vs. San Pedro (Jan. 22,
1980), where the accused
pretended to hire the driver in
order to get his vehicle, it
was held that there was craft
directed to the theft of the
vehicle, separate from the
means subsequently used to
treacherously kill the defenseless
driver.
 In People vs. Masilang (July
11,
1986) there was also craft where
after hitching a ride, the accused
requested the driver to take
them to a place to visit somebody,
when in fact they had already
planned to kill the driver.
Disguise (disfraz) – resorting to
device to conceal identity.
To deliberately use excessive force that
is
out of proportion to the means for self-
defense available to the person attacked.
(PEOPLE vs. LOBRIGAS, et. al., GR
No.
147649, December 17, 2002)
NO ADVANTAGE OF SUPERIOR
STRENGTH IN THE FOLLOWING:
1. One who attacks another with
passion and obfuscation does not
take advantage of his superior strength.
2. When a quarrel arose
unexpectedly and the fatal blow
was struck at a time when the
aggressor and his victim were engaged
against each other as man to man.
 For abuse of superior strength, the
test is the relative strength of
the offender and his victim, whether
or not he took advantage of his
greater strength.
 When there are several offenders
participating in the crime, they must
all be principals by direct participation
and their attack against the victim
must be concerted and intended to be
so.
 Abuse of superior strength is inherent
in the crime of parricide where the
any husband kills the wife. It is generally
accepted that the husband is
physically stronger than the wife.

P a g e 24 | 61
 Abuse of superior strength is also Treachery (alevosia) – is present when
present when the offender uses a the offender commits any of the crimes
weapon which is out of proportion to against person, employing means, methods
the defense available to the or forms in the execution thereof which
offended party. tend directly and specially to insure its
execution, without risk to himself arising
“by a band” “abuse of from the defense which the offended party
superior might make.
strength”
The element of The gravamen of REQUISITES OF TREACHERY:
band is appreciated abuse of superiority 1. That at the time of the attack, the
when the offense is is the taking victim was not in a position to defend
committed by more advantage by the himself; and
than three armed culprits of their 2. That the offender consciously adopted
malefactors collective strength the particular means, method or
regardless of the to overpower their
comparative
form of attack employed by him.
relatively weaker
strength of the victim or victims.  The test of treachery is not only the
victim or victims. relative position of the parties
Hence, what is but, more specifically, whether or not
taken into account the victim was forewarned or afforded
here is not the the opportunity to make a defense or
number of to ward off the attack.
aggressors nor the
fact that they are RULES REGARDING TREACHERY:
armed, but their 1. Applicable only to crimes against
relative physical
strength vis-a
vis the offended
party.
 Abuse of superior strength absorbs persons.
cuadrilla (“band”). 2. Means, methods or forms need not
insure accomplishment of crime.
“Means employed to weaken defense” - 3. The mode of attack must be
the offender employs means that consciously adopted.
materially weakens the resisting power  Treachery is taken into account even if
of the offended party. the crime against the person is
complexed with another felony
EXAMPLES OF “means employed involving a different classification in
to weaken defense” the Code. Accordingly, in the special
1. Where one, struggling with complex crime of robbery with
another, suddenly throws a cloak over homicide, treachery but can be
the head of his opponent and while appreciated insofar as the killing
in this situation he wounds or kills him. is concerned.
2. One who, while fighting with  The suddenness of attack does not,
another, suddenly casts sand or dirt of itself, suffice to support a finding
upon the latter eyes and then of alevosia, even if the purpose was
wounds or kills him. to
3. When the offender, who had kill, so long as the decision was
the intention to kill the victim, made made all of a sudden and the
the deceased intoxicated, victim’s helpless position was
thereby materially weakening the accidental.
latter’s resisting power.  Treachery must be appreciated in the
killing of a child even if the manner of
 This circumstance is applicable only to attack is not shown. It exists in the
crimes against persons, and sometimes commission of the crime when the
against person and property, such as adult person illegally attacks a child of
robbery with physical injuries or tender years and causes his death.
homicide. WHEN MUST TREACHERY BE PRESENT:
When the aggression is continuous,
Par. 16 – That the act be committed treachery must be present in the beginning
with treachery (alevosia). of the assault. (PEOPLE vs. MANALAD, GR
No. 128593, August 14, 2002)
 Thus, even if the deceased was
shot while he was lying wounded

P a g e 25 | 61

on the ground, it appearing that
the firing of the shot was a
mere continuation of the
assault in which the deceased was
wounded, with no
appreciable time intervening
between the delivery of the blows
and the firing of the shot, it
cannot be said that the crime was
attended by treachery.
When the assault was not continuous, in
that there was interruption, it is sufficient
that treachery was present at the moment
the fatal blow was given.
 Hence, even though in the
inception of the aggression which
ended in the death of
the deceased, treachery was
not present, if there was a break
in the continuity of the
aggression and at the time of
the fatal wound was inflicted
on the deceased he was
defenseless, the circumstance of
treachery must be taken into
account.
ALEVOSIA SHOULD BE CONSIDERED EVEN
IF:
1. The victim was not predetermined but
there was a generic intent to
treacherously kill any first two persons
belonging to a class. (The same rule
obtains for evident premeditation).
2. There was aberratio ictus and the
bullet hit a person different from
that intended. (The rule
different in evident premeditation).
3. There was error in personae, hence
the victim was not the one intended
by the accused. (A different rule is
applied in evident premeditation).
REASON FOR THE RULE: When there
is treachery, it is impossible for either
the intended victim or the actual
victim to defend himself against the
aggression.
TREACHERY ABSORBS:
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the
defense
4. Cuadrilla (“band”)
5. Aid of armed men
6. Nighttime
Par. 17 – That means be employed or
circumstances brought about which add
MEMORY AID IN CRIMINAL LAW
ignominy to the natural effects of the
act.
Ignominy – is a circumstance pertaining to
the moral order, which adds disgrace
and obloquy to the material injury
caused by the crime.
MEANING OF “which add ignominy to the
natural effects thereof”
The means employed or
the circumstances brought about must tend
to make the effects of the crime
more humiliating to victim or to put
the offended party to shame, or add to
his moral suffering. Thus it is incorrect
to appreciate ignominy where the victim
was already dead when his body
was dismembered, for such act may
not be considered to have added to the
victim’s moral suffering or humiliation.
(People vs. Carmina, G.R. No. 81404,
January 28,
1991)
 Applicable to crimes against chastity,
less serious physical injuries, light or
grave coercion, and murder.
Par. 18 – That the crime be committed
after an unlawful entry.
Unlawful entry – when an entrance is
effected by a way not intended for the
purpose.
 Unlawful entry must be a means to
effect entrance and not for escape.
is
REASON FOR AGGRAVATION:
One who acts, not respecting the walls
erected by men to guard their property
and provide for their personal safety,
shows a greater perversity, a greater
audacity; hence, the law punishes him
with more severity.
Par. 19 – That as a means to the
commission of a crime, a wall,
roof, floor, door, or window be broken.
 This circumstance is aggravating only
in those cases where the offender
resorted to any of said means to enter
the house. If the wall, etc., is
broken in order to get out of the
place, it is not an aggravating
circumstance.
PAR. 19 PAR. 18
It involves the Presupposes that
breaking there is no such
(rompimiento) of breaking as by entry
the enumerated through the
parts of the house. window.
P a g e 21 | 61
 If the offender broke a window to 2. That the other wrong be unnecessary
enable himself to reach a purse with for the execution of the purpose of the
money on the table near that window, offender.
which he took while his body was
outside of the building, the crime of  Cruelty is not inherent in
theft was attended by this aggravating crimes against persons. In order for it
circumstance. It is not necessary that to be appreciated, there must be
the offender should have entered the positive proof that the wounds found
building. on the body of the victim were inflicted
while he was still alive in
Par. 20 – That the crime be committed order unnecessarily to prolong
(1) with the aid of persons under physical suffering.
fifteen years of age, or
(2) by means of motor vehicles,  If the victim was already dead when
airships, or other similar means. the acts of mutilation were being
performed, this would also qualify
TWO DIFFERENT CIRCUMSTANCES the killing to murder due to
GROUPED IN THIS PARAGRAPH: outraging of his corpse.
1. With the aid of persons under fifteen
years of age: IGNOMINY CRUELTY (PAR.
 Tends to repress, so far as (PAR.17) 21)
possible, the frequent practice Involves moral Refers to physical
resorted to by professional suffering suffering
criminals to avail themselves of
minors taking advantage of their  Unlike mitigating circumstances (par.
irresponsibility. 10, Art. 13), there is no provision for
2. By means of motor vehicles, airships, aggravating circumstances of a
or other similar means: similar or analogous character.
 Intended to counteract the great
facilities found by modern  ART. 15 – ALTERNATIVE
criminals in said means to CIRCUMSTANCES
commit crime and flee and
abscond once the same is Alternative circumstances – are those
committed. which must be taken into consideration
 Use of motor vehicle is aggravating as aggravating or mitigating according to
where the accused purposely and
the nature and effects of the crime and
deliberately used the motor
the other conditions attending its
vehicle in going to the place of the
commission.
crime, in carrying away the effects
BASIS:
thereof, and in facilitating
The nature and effects of the crime and
their escape.
the other conditions attending
its commission.
MEANING OF “or other similar means”
Should be understood as referring
THE ALTERNATIVE CIRCUMSTANCES ARE:
to motorized vehicles or other
1. Relationship;
efficient means of transportation
2. Intoxication; and
similar to automobile or airplane.
3. Degree of instruction and education of
the offender.
Par. 21 – That the wrong done in the
commission of the crime be deliberately
RELATIONSHIP
augmented by causing other wrong not The alternative circumstance of
necessary for its commission. relationship shall be taken
into consideration when the offended
Cruelty – there is cruelty when the culprit party is the –
enjoys and delights in making his victim a) Spouse,
suffer slowly and gradually, b) Ascendant,
causing unnecessary physical pain c) Descendant,
in the consummation of the criminal act. d) Legitimate, natural, or adopted
brother or sister, or
REQUISITES OF CRUELTY: e) Relative by affinity in the
1. That the injury caused be deliberately same degree of the offender.
increased by causing other wrong;

P a g e 22 | 61

OTHER RELATIVES INCLUDED:
1. The relationship of stepfather or
stepmother and stepson or
stepdaughter.
REASON: It is the duty of the
stepparents to bestow upon their
stepchildren a mother’s/father’s
affection, care and protection.
2. The relationship of adopted parent
and adopted child.
 But the relationship of uncle and niece
is not covered by any of
the
relationship mentioned.
WHEN RELATIONSHIP MITIGATING AND
WHEN AGGRAVATING:
1. As a rule, relationship is mitigating
in crimes against property, by analogy
to the provisions of Art. 332.
 Thus, relationship is mitigating in
the crimes of robbery (Arts. 294-
302), usurpation (Art. 312),
fraudulent insolvency (Art. 314)
and arson (Arts. 321-322, 325-
326).
2. In crimes against persons –
a) It is aggravating where the
offended party is a relative of
I. a higher degree than the
offender, or
II. when the offender and the
offended party are relatives of
the same level (e.g. brothers)
b) But when it comes to physical
injuries:
i. It is aggravating when the
crime involves serious physical
injuries (Art. 263), even if
the offended party is a
descendant of the offender.
But the serious physical
injuries must not be inflicted
by a parent upon his child
by excessive chastisement.
ii. It is mitigating when
the offense committed is
less serious physical injuries
or slight physical injuries, if
the offended party is a – as an alternative circumstance,
relative of a lower degree.
iii. It is aggravating if the
offended party is a relative
of ahigher degree of the
offender.
c) When the crime is homicide or
murder, relationship is aggravating
even if the victim of the crime is a
relative of a lower degree.
d) In rape, relationship is aggravating
where a stepfather raped his
stepdaughter or in a case where
a father raped his own daughter.
MEMORY AID IN CRIMINAL LAW
3. In crimes against chastity, like acts of
lasciviousness (Art. 336), relationship
is always aggravating, regardless of
whether the offender is a relative of a
higher or lower degree of the offended
party.
 When the qualification given to
the crime is derived from the
relationship between the offender
and the offended party, it is neither
mitigating nor aggravating,
because it is inseparable from
and inherent in the offense. (e.g.
parricide, adultery and concubinage).
WHEN INTOXICATION MITIGATING AND
WHEN AGGRAVATING:
1. Mitigating –
i. If intoxication is not habitual, or
ii. If intoxication is not subsequent to
the plan to commit a felony.
2. Aggravating –
i. If intoxication is habitual, or
ii. If it is intentional (subsequent to
the plan to commit a felony).
TO BE ENTITLED TO THE MITIGATING
CIRCUMSTANCE OF INTOXICATION, IT
MUST BE SHOWN:
1. That at the time of the commission
of the criminal act, the accused
has taken such quantity of alcoholic
drinks as to blur his reason and
deprive him of a certain degree of
control, and
2. That such intoxication is not
habitual, or subsequent to the plan
to commit the felony.
 To be mitigating, the accused’s
state of intoxication must be proved.
Once intoxication is established
by
satisfactory evidence, in the absence
of proof to the contrary, it is
presumed to be non-habitual
or unintentional.
Instruction or education
does not refer only to literary but more to
the level of intelligence of the accused.
- refers to the lack of sufficient
intelligence and knowledge of the full
significance of one’s acts.
- Low degree of instruction and
education or lack of it is generally
mitigating. High degree of instruction
and education is aggravating, when
the offender took advantage of his
learning in committing the crime.
GENERAL RULE: Lack of sufficient
education is mitigating.
P a g e 23 | 61
EXCEPTIONS:

P a g e 24 | 61
1. Crimes against property (e.g.
arson, estafa, theft, robbery)
2. Crimes against chastity, and
3. Treason – because love of country
should be a natural feeling of every
citizen, however unlettered
uncultured he may be.
TITLE TWO: PERSONS CRIMINALLY LIABLE
FOR FELONIES
 ART. 16 – WHO ARE CRIMINALLY
LIABLE
FOR GRAVE AND LESS GRAVE FELONIES
1. Principals
2. Accomplices
3. Accessories
FOR LIGHT FELONIES
1. Principals
2. Accomplices
 Accessories are not liable for light
felonies.
REASON: In the commission of
light felonies, the social wrong as
well as the individual prejudice is
so small that penal sanction is
deemed not necessary for accessories.
 The classification of the offenders as
principal, accomplice, or
accessory is essential under
the RPC. The classification maybe
applied to special laws only if the latter
provides for the same graduated
penalties as those provided under the
RPC.
TWO PARTIES IN ALL CRIMES
1. Active subject (the criminal)
 Art. 16 enumerates the
active subjects of the crime.
2. Passive subject (the injured party)
 Is the holder of the injured right:
the man, the juristic person, the
group, and the State.
 Only natural persons can be the active
subject of crime because of the highly
personal nature of the criminal
responsibility.
 However, corporation and partnership
can be a passive subject of a crime.
 Corpses and animals cannot be passive
subjects because they have no rights
that may be injured.
EXCEPTION: Under Art. 253, the
crime
of defamation may be committed if
the imputation tends to blacken the
memory of one who is dead.
 This article applies only when the
offenders are to be judged by their
individual, and not collective, liability.
or
 ART. 17 PRINCIPALS
THE FOLLOWING ARE PRINCIPALS:
1. Those who take a direct part in the
execution of the act (PRINCIPAL
BY
DIRECT PARTICIPATION)
2. Those who directly force or
induce
others to commit it (PRINCIPAL BY
INDUCTION)
3. Those who cooperate in the
commission of the offense by another
act without which it would not have
been accomplished (PRINCIPAL BY
INDISPENSABLE COOPERATION).
Par. 1 – Principals by direct
participation
REQUISITES:
1. That they participated in the
criminal resolution; and
2. That they carried out their plan and
personally took part in its execution
by acts which directly tended to the
same end.
an
MEANING OF “personally took part in its
execution”
That the principal by direct participation
must be at the scene of the commission of
the crime, personally taking part in
its execution.
Par. 2 – Principals by induction
REQUISITES
1. That the inducement be made directly
with the intention of procuring
the commission of the crime; and
2. That such inducement be
the determining cause of the
commission of the crime by the material
executor.
 One cannot be held guilty of having
instigated the commission of the crime
without first being shown that the
crime was actually committed
(or attempted) by another.
Thus, there can be no principal by
inducement (or by indispensable
cooperation) unless there is a principal
by direct participation. But there can
be a principal by direct participation
P a g e 25 | 61
 MEMORY AID IN CRIMINAL LAW
without a principal by inducement
(or by indispensable cooperation). Becomes liable only The mere
TWO WAYS OF BECOMING PRINCIPAL BY when the crime is proposal to commit a
INDUCTION: committed by felony is punishable
1. By directly forcing another to the principal by in treason or
direct participation. rebellion. However,
commit a crime by –
the person to
a) Using irresistible force.
whom the
b) Causing uncontrollable fear. proposal is made
 In these cases, there is no should not commit
conspiracy, not even a unity the crime,
of criminal purpose and otherwise, the
intention. proponent becomes
Only the one using the force or a principal by
inducement.
causing the fear is criminally What kind of crime involved
liable. The material executor is
not criminally liable because of Involves any crime The proposal to
Art. 12, pars. 5 and 6 be punishable
must involve only
(exempting circumstances) treason or rebellion.
2. By directly inducing another to commit
a crime by –
a) Giving of price, or offering of
reward or promise. EFFECTS OF ACQUITTAL OF PRINCIPAL
 The one giving the price or BY DIRECT PARTICIPATION UPON
offering the reward or promise LIABILITY OF PRINCIPAL BY INDUCEMENT:
is a principal by 1. Conspiracy is negatived by the
inducement acquittal of co-defendant.
while the one committing the 2. One cannot be held guilty of having
crime in consideration thereof instigated the commission of a crime
is a principal by direct without first being shown that the
participation. There is crime has been actually committed
collective criminal by another.
responsibility.  But if the one charged as principal
b) Using words of command by direct participation is acquitted
 The person who used the because he acted without criminal
words of command is a intent or malice, his acquittal is
principal by inducement while not a ground for the acquittal of
the person who committed the the principal by inducement.
crime because of the words REASON FOR THE RULE: In
of command is a principal exempting circumstances, such as
by direct participation. There when the act is not voluntary
is also collective because of lack of intent on the
criminal responsibility. part of the accused, there is
 The inducement must precede the a crime committed, only that
act induced and must be so the accused is not a criminal.
influential in producing the Par. 3 – Principal by
criminal act that without it, the indispensable cooperation
act would not have been performed.
REQUISITES:
 If the person who actually committed 1. Participation in the criminal
the crime had reason of his own to resolution, that is, there is either
commit the crime, it cannot be said anterior conspiracy or unity of criminal
that the inducement was influential in purpose and intention immediately
producing the criminal act. before the commission of the crime
charged; and
2. Cooperation in the commission of
the
PRINCIPAL BY OFFENDER WHO offense by performing another act,
INDUCEMENT MADE PROPOSAL without which it would not have
TO COMMIT A been accomplished.
FELONY
In both

There is an inducement to commit a crime

When liable

P a g e 26 | 61
MEANING OF “cooperation in the
commission of the offense”
Means to desire or wish in common a
thing. But that common will or purpose
does not necessarily mean previous
understanding, for it can be explained or
inferred from the circumstances of each
case.
 If the cooperation is not indispensable,
the offender is only an accomplice.
COLLECTIVE CRIMINAL RESPONSIBILITY
 This is present when the offenders are
criminally liable in the same manner
and to the same extent. The penalty
to be imposed must be the same for
all.
 Principals by direct participation have
collective criminal responsibility.
Principals by induction, except those
who directly forced another to commit
a crime, and principals by
direct participation have collective
criminal responsibility. Principals
by indispensable cooperation
have collective criminal responsibilities
with the principals by direct
participation.
simultaneous acts, with the intention
of supplying material or moral aid in
the execution of the crime in an
efficacious way; and
3. That there be a relation between
the acts done by the principal and
those attributed to the person charged
as an accomplice.
 Before there could be an accomplice,
there must be a principal by direct
participation.
 The person charged as an accomplice
should not have inflicted a mortal
wound. If he inflicted a mortal wound,
he becomes a principal by
direct
participation.
 In case of doubt, the participation of
the offender will be considered that of
an accomplice rather than that of a
principal.
 ART. 19 ACCESSORIES
Accessories are those who –
- having knowledge of the commission of
the crime, and
- without having participated therein
either as principals or accomplices,
take part subsequent to its commission
in any of the following acts:

INDIVIDUAL CRIMINAL RESPONSIBILITY 1. By profiting themselves or assisting the

 In the absence of any previous offender to profit by the effects of the
conspiracy, unity of criminal purpose crime.
2. Assisting the offender to profit by
and intention immediately before the
the effects of the crime.
commission of the crime, or
3. By concealing or destroying the body
community of criminal design, the of the crime to prevent its discovery.
criminal responsibility arising from  In profiting by the effects of the
different acts directed against one and crime, the accessory must receive
the same person is individual and not the property from the principal. He
collective, and each of the should not take it without the
participants is liable only for the act consent of the principal. If he took
committed by him. it without the consent of the
principal, he is not an accessory but
a principal in the crime of theft.
 ART. 18 ACCOMPLICES
Accomplices are persons who, not acting TWO CLASSES OF ACCESSORIES
as principals, cooperate in the execution CONTEMPLATED IN PAR. 3 OF ART. 19
of the offense by previous and a) Public officers who harbor, conceal
simultaneous acts, which are not or assist in the escape of the principal
indispensable to the commission of of any crime (not light felony) with
the crime. abuse of his public functions.
Requisites:
They act as mere instruments who perform 1. The accessory is a public officer.
acts not essential to the perpetration of 2. He harbors, conceals, or assists
the offense. in the escape of the principal.
3. The public officer acts with
REQUISITES: abuse of his public functions.
1. That there be community of design;
that is, knowing the criminal design of
the principal by direct participation,
he concurs with the latter his purpose;
2. That he cooperates in the execution of
the offense by previous or
P a g e 27 | 61
 MEMORY AID IN CRIMINAL LAW
4. The crime committed by the misprision of treason (Art. 116) but as
principal is any crime, provided a principal thereof.
it is not a light felony.

b) Private persons who harbor, conceal or

assist in the escape of the author of
the crime who is guilty of
treason, parricide, murder, or attempts
against the life of the President, or
who is known to be habitually guilty
of some other crime.

Requisites:
1. The accessory is a private person.
2. He harbors, conceals or assists in
the escape of the author of the
crime.
3. The crime committed by the
principal is either:
i. Treason,
ii. Parricide,
iii. Murder,
iv. An attempt against the life of
the President, or
v. That the principal is known to be
habitually guilty of some other
crime.

 Where the alleged principal is

acquitted, it is neither proper nor
possible to convict the defendant as
an accessory. The responsibility of the
accessory is subordinate to that of the
principal in a crime
HOWEVER, conviction of an
accessory is possible notwithstanding
the acquittal of the principal, if the
crime was in fact committed, but
the principal was not held liable,
because of an exempting
circumstance (Art.
12), such as insanity or minority.

 Neither the letter nor the spirit of the

law requires that the principal be
convicted before one may be punished
as an accessory. As long as the
corpus delicti is proved and the
accessory’s participation as such is
shown, he can be held criminally
responsible and meted out the
corresponding penalty (Inovero vs.
Coronel, CA, 65 O.G.
3160).

 The prescribed acts of the accessory

under par. 2 must have been intended
to prevent the discovery of the crime,
hence, mere silence does not
make one an accessory. If,
however, the crime involved is a
conspiracy to commit treason, his
silence may hold him liable for

P a g e 28 | 61
 Where the accused misleads the
authorities by giving them
false information, such act is
equivalent to concealment and he
should be held as an accessory.

Anti-Fencing Law of 1979

Pres. Decree 1612
Fencing – is an act, with intent to gain, of
buying, selling, receiving, possessing,
keeping, or in any other manner dealing in
anything of value which a person knows or
should have known to be derived from the
proceeds of the crime of robbery or theft.

Fence – is a person who commits the act of

fencing. A fence who receives stolen
property as above-provided is not
an accessory but a principal in the
crime defined in and punished by the
Anti- Fencing Law.
Mere possession of anything of value which
has been the subject of robbery or theft
shall be prima facie evidence of fencing.

 ART. 20 – ACCESSORIES WHO ARE

EXEMPT FROM CRIMINAL LIABLITY

 The exemption provided for in this

article is based on the ties of blood
and the preservation of the cleanliness
of one’s name, which compels one to
conceal crimes committed by relatives
so near as those mentioned in
this article.

AN ACCESSORY IS EXEMPT FROM CRIMINAL

LIABLITY WHEN THE PRINCIPAL IS HIS –
1. spouse, or
2. ascendant, or
3. descendant, or
4. 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 –
1. profited by the effects of the crime,
or
2. assisted the offender to profit by
the
effects of the crime.
REASON: Because such acts are prompted
not by affection but by a detestable
greed.

 Public officer contemplated in par. 3

of Art. 19 is exempt by reason
of relationship to the principal, even
if

P a g e 29 | 61
 such public officer acted with abuse of
his official functions.
REASON: Ties of blood or relationship
constitutes a more powerful incentive
than the call of duty.
P.D. 1829 penalizes the act of any person
who knowingly or willfully obstructs,
impedes, frustrates or delays the
apprehension of suspects and
the investigation and prosecution of
criminal cases.
 The benefits of the exception in Art.
20 do not apply to PD 1829.
TITILE THREE: PENALTIES
Chapter One: Penalties in General
(Arts.
21-24)
Penalty – is the suffering that is inflicted
by the State for the transgression of the
law.
DIFFERENT JURIDICAL CONDITIONS OF
PENALTY
1. Must be productive of suffering,
without however affecting the
integrity of the human personality.
2. Must be commensurate with the
offense – different crimes must be
punished with different penalties.
3. Must be personal – no one should be
punished for the crime of another.
4. Must be legal – it is the consequence of
a judgment according to law.
5. Must be certain – no one may
escape its effects.
6. Must be equal for all.
7. Must be correctional.
PURPOSE OF THE STATE IN
PUNISHING CRIMES
The State has an existence of its own to
maintain, a conscience to assert, and
moral principles to be vindicated. Penal
justice must therefore be exercised by the
State in the service and satisfaction of a
duty, and rests primarily on the
moral rightfulness of the punishment
inflicted.
 The basis of the right to
punish violations of penal law is the
police power of the State.
THEORIES JUSTIFYING PENALTY:
1. Prevention – to prevent or suppress the
danger to the State arising from the
criminal act of the offender.
2. Self-defense – so as to protect
society from the threat and wrong
inflicted by the criminal.
3. Reformation – the object of
punishment in criminal cases is to
correct and reform the offender.
4. Exemplarity – the criminal is punished
to serve as an example to deter others
from committing crimes.
5. Justice – that crime must be
punished by the State as an act of
retributive justice, a vindication of
absolute right and moral law
violated by the criminal.
THREE-FOLD PURPOSE OF PENALTY
UNDER THE CODE:
1. Retribution or expiation – the
penalty is commensurate with the
gravity of the offense.
2. Correction or reformation – shown by
the rules which regulate the execution
of the penalties consisting in
deprivation of liberty.
3. Social defense – shown by its inflexible
severity to recidivists and habitual
delinquents.
 ART. 21 – PENALTIES THAT MAY BE
IMPOSED
A felony shall be punishable only
by the penalty prescribed by law at the
time of its commission.
 It is a guaranty to the citizen of
this country that no acts of his,
will be considered criminal
until
the Government has made it so by
law and has provided a penalty.
 REASON: Because a law cannot
be rationally obeyed unless it is
first
shown, and a man cannot
be expected to obey an order
that
has not been given.
 ART. 22 – RETROACTIVE EFFECT OF
PENAL LAWS
 GENERAL RULE: Penal laws are applied
prospectively.
EXCEPTION: When retrospective
application will be favorable to
the person guilty of a felony;
Provided that:
1. The offender is NOT a habitual
criminal (delinquent) under Art. 62(5);
P a g e 30 | 61

2. The new or amendatory law does
NOT provide against its
retrospective application.
Habitual delinquent – a person who,
within a period of ten years from the date of
his release or last conviction of the
crimes of serious or less serious physical
injuries, robbery, theft, estafa, or
falsification, is found guilty of any said
crimes a third time or oftener.
EX POST FACTO LAW
An act which when committed was not a
crime, cannot be made so by statute
without violating the constitutional
inhibition as to ex post facto laws. An
ex post facto law is one which:
1. Makes criminal an act done before the
passage of the law and which was
innocent when done;
2. Aggravates a crime, or makes it
greater than it was, when committed;
3. Changes the punishment and inflicts
a greater punishment than the
law annexed to the crime
when committed;
4. Alters the legal rules of evidence,
and authorizes conviction upon a less
or different testimony than the
law required at the time of the
commission of the offense;
5. Assumes to regulate civil rights
and
remedies only, in effect imposing
a penalty or deprivation of a right
for something which when done
was lawful; and
6. Deprives a person accused of a
crime of some lawful protection to
which he has become entitled, such
as the protection of a former
conviction or acquittal, or a – EXPRESS or IMPLIED pardon must
proclamation of amnesty.
 If retroactive effect of a new law is
justified, it shall apply to
the defendant even if he is:
1. presently on trial for the offense;
2. has already been sentenced
but service of which has not begun;
or
3. already serving sentence
 The retroactive effect of criminal
statutes does not apply to the culprit’s
civil liability.
REASON: The rights of
offended persons or innocent third
parties are not within the gift of
arbitrary disposal of the State.
 The provisions of Art. 22 are
applicable even to special laws which
MEMORY AID IN CRIMINAL LAW
provide more favorable conditions to
the accused.
Criminal liability under the repealed
law subsists:
1. When the provisions of the former law
are reenacted; or
 The right to punish offenses
committed under an old penal law
is not extinguished if the
offenses are still punishable
in the repealing penal law.
2. When the repeal is by implication; or
 When a penal law, which impliedly
repealed an old law, is
itself
repealed, the repeal of the
repealing law revives the prior
penal law, unless the language of
the repealing statute provides
otherwise.
 If the repeal is absolute, criminal
liability is obliterated.
3. When there is a saving clause.
 ART. 23- EFFECT OF PARDON BY THE
OFFENDED PARTY
GENERAL RULE – Pardon by the offended
party does not extinguish the criminal
liability of the offender. REASON: A
crime committed is an offense against the
State. Only the Chief Executive can
pardon the offenders.
EXCEPTION - Pardon by the offended
party will bar criminal prosecution in the
following crimes:
Adultery and Concubinage (Art.
344, RPC)
be given by offended party to BOTH
offenders.
- Pardon must be given PRIOR to
institution of criminal action.
Seduction, Abduction, Acts of
Lasciviousness (Art. 344, RPC)
– EXPRESS pardon given by
offended party or her parents or
grandparents or guardian
- Pardon must be given PRIOR
to the institution of the criminal
action. However, marriage between the
offender and the offended party EVEN
AFTER the institution of the criminal
action or conviction of the offender will
extinguish the criminal action or remit
the penalty already imposed against the
offender, his
P a g e 31 | 61
co-principals, accomplices and accessories
after the fact.
Rape (as amended by R.A. 8353)
- The subsequent valid marriage
between the offender and the offended
party shall extinguish criminal liability or
the penalty imposed. In case the legal
husband is the offender, subsequent
forgiveness by the wife as offended
party shall also produce the same effect.
 Pardon by the offended party under
Art. 344 is ONLY A BAR to criminal
prosecution; it is NOT a ground
for extinguishment of criminal liability.
2. The commitment of a minor to any
of the institutions mentioned in Art.
80 (now Art. 192, PD No. 603) and for
the purposes specified therein.
3. Suspension from the employment
or public office during the trial or
in order to institute proceedings.
4. Fines and other corrective measures
which, in the exercise of their
administrative or disciplinary powers,
superior officials may impose upon
their subordinates.
5. Deprivation of rights and the
reparations which the civil law
may establish in penal form.

 Nevertheless, civil liability may be Reasons why they are not penalties:
extinguished by the EXRESS WAIVER 1. Because they are not imposed as
of the offended party. a result of judicial proceedings.
Those mentioned in paragraphs 1, 3
and 4 are merely preventive
measures before conviction of
offenders.
2. The offender is not subjected to or
made to suffer these measures in
expiation of or as punishment for a
crime.
AN OFFENSE CAUSES TWO
CLASSES OF INJURIES:
SOCIAL INJURY PERSONAL INJURY
Produced by the Caused to the  Par. 1 does not refer to
disturbance and victim of the crime the confinement of an insane or imbecile
alarm which are who suffered who has not been arrested for a crime. It
the outcome of damage either to his refers to “accused persons” who are
the offense. person, to his detained “by reason of insanity or
property, to his honor
or to her chastity.
imbecility.”
 Paragraphs 3 and 4 refer
Is sought to be Is repaired through to administrative suspension
repaired through indemnity. and administrative fines and not
the imposition of to suspension or fine as penalties
the corresponding for violations of the RPC.
penalty.  The deprivations of rights established
The offended The offended in penal form by the civil laws is
party cannot party may waive illustrated in the case of parents
pardon the offender the indemnity and who are deprived of their
so as to relieve the State has no parental authority if found guilty of
him of the reason to insist in its the crime
penalty. payment.
of corruption of their minor children,
 ART. 24 – MEASURES OF PREVENTION
in accordance with Art. 332 of
OR SAFETY WHICH ARE NOT CONSIDERED
the Civil Code.
PENALTIES
 Where a minor offender was
committed to a reformatory pursuant
THE FOLLOWING ARE NOT CONSIDERED
to Art. 80 (now, PD 603), and while
AS PENALTIES:
1. The arrest and temporary detention of thus detained he commits a crime
accused persons, as well as therein, he cannot be considered
their detention by reason of a quasi-recidivist since his detention
insanity or was only a preventive measure,
imbecility, or illness requiring their whereas a quasi-recidivism
confinement in a hospital. presupposes the commission of a
crime during the

P a g e 32 | 61
 MEMORY AID IN CRIMINAL LAW
service of the penalty for a previous 4. Deprivation of rights
crime. (disqualification and suspension).
5. Pecuniary (fine).
Chapter Two: Classification of Penalties
(Arts. 25-26)  Perpetual or temporary absolute
disqualification, perpetual or
 ART. 25 – PENALTIES WHICH MAY BE temporary special disqualification, and
IMPOSED suspension may be principal or
accessory penalties.
 The scale in Art. 25 is only a EXAMPLES:
general classification of penalties I. Perpetual absolute
based on their severity, nature disqualification is a principal
and subject matter. penalty in prevaricacion (Art.
204) and perpetual special
 The scale of penalties in Art. 70 disqualification, in malversation
is provided for successive service (Art. 217).
of sentences imposed on the II. Temporary absolute
same accused, in consideration of disqualification is a principal
their severity and natures. penalty when the accessory
 The scales in Art. 71 are for the acts with abuse of public
purpose of graduating the penalties by functions (Art, 19[3] and Art.
degrees in accordance with the rules
58) and temporary
in Art. 61.
special disqualification, in direct
bribery (Art. 206).
CLASSIFICATION OF PENALTIES UNDER
III. Suspension is a principal
ARTICLE 25: penalty
a) Based on their severity or gravity in rendition of unjust
1. Capital,
interlocutory orders (Art. 206).
2. Afflictive,
3. Correctional,  Bond to keep the peace is
4. Light imposed only in the crime of threats
 This classification corresponds to (Art. 284), either grave (Art. 282) or
the classification of felonies in light (Art.
Art. 9, into grave, less grave and 283).
light.
b) Based on their nature  ART. 26 FINE – WHEN AFFLICTIVE,
1. Principal penalties – CORRECTIONAL OR LIGHT
those expressly imposed by the FINE IS:
court in the judgment of 1. Afflictive – over P6,000.00
conviction. May be further 2. Correctional – P200.00 to P6,000.00
classified based on divisibility 3. Light penalty – less than P200.00
i. Divisible – are those that
have fixed duration and  Same basis may be applied to Bond
are divisible into three to keep the peace by analogy.
periods.
ii. Indivisible – are  This article determines the
those which have no classification of a fine whether
fixed duration. These are: imposed as a single or as
1) Death an alternative penalty for a crime.
2) Reclusión perpetua
3) Perpetual absolute or  The rule herein does not apply
special disqualification where the fine involved is in a
4) Public censure compound penalty, that is, it is
2. Accessory penalties – are those imposed in conjunction with another
that are deemed included in the penalty.
principal penalties.
 Where the fine in question is exactly
c) Based on subject matter P200, under Art. 9 it is a light
1. Corporal (death). felony, hence the felony involved is a
2. Deprivation of freedom light felony; whereas under Art. 26,
(reclusion, prision, arresto). it is a correctional penalty,
3. Restriction of freedom (destierro). hence the offense involved is a less
grave felony. It has been held that
this discrepancy

P a g e 31 | 61
 should be resolved liberally in favor of  ART. 28 – COMPUTATION OF
the accused, hence Art. 9 prevails over PENALTIES
Art. 26 (People vs. Yu Hai, 99 Phil.
725). 1. When the offender is in prison – the
HOWEVER, according to Justice duration of temporary penalties is
Regalado there is no such discrepancy. from the day on which the judgment
What is really in issue is of conviction becomes final.
the prescription of the offense vis- 2. When the offender is not in prison –
a-vis the prescription of the the duration of penalties consisting
penalty, the former being the in deprivation of liberty, is from the
forfeiture of the right of the State day that the offender is placed at
to prosecute the offender and the the disposal of judicial authorities for
latter being the loss of its power to the enforcement of the penalty.
enforce the judgment against the 3. The duration of other penalties – the
convict. duration is from the day on which
the offender commences to serve
his sentence.
Chapter Three: Duration and Effects of
Penalties (Arts. 27-45)  ART. 29 – PERIOD OF PREVENTIVE
IMPRISONMENT DEDUCTED FROM TERM
Section One – Duration of Penalties OF IMPRISONMENT
 ART. 27 – DURATION OF EACH
DIFFERENT PENALTIES Preventive imprisonment – is the period
of detention undergone by an accused
1. Reclusión perpetua – 20 yrs. and 1 day where the crime with which he is
to 40 yrs.
charged is non-bailable or, even if
2. Reclusión temporal – 12 yrs. and 1 day
bailable, he is unable to post the requisite
to 20 yrs.
3. Prisión mayor and temporary bail.
disqualification – 6 yrs. and 1 day to 12
yrs., except when disqualification is an  These rules on preventive
accessory penalty, in which case its imprisonment apply to all
duration is that of the principal sentences regardless of the duration
penalty. thereof, including the so-called
4. Prisión correccional, suspensión, perpetual penalties as long as
and destierro – 6 mos. and 1 day to 6 they involve deprivation of liberty.
yrs., except when suspensión is It applies to destierro.
an accessory penalty, in which case
its duration is that of the When is the detention prisoner entitled
principal penalty. to the full credit of his
5. Arresto mayor – 1 mo. And 1 day to preventive imprisonment?
6 mos. If the detention prisoner agrees voluntarily
6. Arresto menor – 1 day to 30 days in writing to abide by the
7. Bond to keep the peace – the period same disciplinary rules imposed upon
during which the bond shall be convicted prisoners.
effective is discretionary on the court. When will he be credited only with four-
fifths the time during which he has
 Destierro is a principal, undergone preventive imprisonment?
correctional and divisible penalty. If the detention prisoner does not agree to
abide by the same disciplinary rules
In what cases is destierro imposed? imposed upon convicted prisoners.
1. Serious physical injuries or death
under exceptional circumstances. (Art.  In the case of a youthful offender who
247) has been proceeded against under
2. In case of failure to give bond for good the Child and Youth Welfare Code, he
behavior. (Art. 284) shall be credited in the service of
3. As a penalty for the concubine in his sentence with the full time of
concubinage. (Art. 334) his actual detention, whether or not
4. In cases where after reducing the he agreed to abide by the
penalty by one or more same disciplinary rules of the
degrees, institution.
destierro is the proper penalty.
The following offenders are not
entitled to be credited with the full time
or four-
P a g e 32 | 61
 MEMORY AID IN CRIMINAL LAW
fifths of the time of preventive 1. A pardon shall not restore the right
imprisonment: to hold public office or the right
1. Recidivists or those convicted of suffrage.
previously twice or more times of EXCEPTION: When any or both such
any crime. rights is/are expressly restored by
2. Those who, upon being summoned the terms of the pardon.
for the execution of their sentence,
failed to surrender voluntarily. 2. It shall not exempt the culprit from
the payment of the civil liability.
 Habitual delinquents are included in
No. 1.
LIMITATIONS UPON THE EXERCISE OF THE
 No. 2 refers to convicts who failed PARDONING POWER:
to voluntarily surrender to serve 1. That the power can be exercised
their penalties under a final only
judgment, since this is indicative of after conviction “by final judgment”;
a greater defiance of authority. It does
not refer to failure or refusal to 2. That such power does not extend to
voluntarily surrender after the cases of impeachment.
commission of the crime. GENERAL RULE: When the principal
penalty is remitted by pardon, only the
Section Two – Effects of the penalties effect of that principal penalty is
according to their respective nature. extinguished, but not the
accessory penalties attached to it.
 A plebiscite is not mentioned or EXCEPTION: When an absolute pardon is
contemplated in Art.30, par. 2 granted after the term of imprisonment
(deprivation of the right to vote), has expired, it removes what is left of the
hence, the offender may vote in that consequences of conviction.
exercise, subject to the provisions of PARDON BY THE PON BY
pertinent election laws at the time. CHIEF EXECUTIVE OFFENDED PARTY
(ART. 36) (ART. 23)
 Perpetual absolute disqualification is As to the crime covered
effective during the lifetime of
the
convict and even after the service of Can extend to Applies only
the sentence. any crime, to crimes
unless otherwise against chastity
provided by or under the RPC.
 Temporary absolute disqualification
subject to
lasts during the term of the
conditions in the
sentence, and is removed after the Constitution or the
service of the same, EXCEPT: laws.
1) Deprivation of the public office
or
employment, and As to extinguishment of criminal
2) Loss of all rights to retirement pay liability
or other pension for any office Extinguishes Does not extinguish
formerly held. criminal liability. criminal liability
although it may
 Bond to keep the peace is different constitute a bar to
from bail bond which is posted for the the prosecution of
provisional release of a person the offender.
arrested for or accused of a crime.
At to the effect on civil liability
Cannot affect the The offended
CIVIL INTERDICTION IN ART. 34 IS civil liability ex party can waive the
IMPOSED WHEN THE PENALTY IS: delicto of civil liability.
1. Death which is not carried out, the offender.
2. Reclusión perpetua,or
3. Reclusión temporal Whn granted
Can be Can be validly
 ART. 36 – PARDON; ITS EFFECTS extended granted only before
only after the institution
conviction by final of the criminal
judgment of the action.
accused.
EFFECTS OF PARDON BY THE PRESIDENT

P a g e 33 | 61
 To any or all of In adultery and
the accused concubinage, must
include both  Subsidiary penalty shall be proper only
offenders. if the accused has no property with
As to whether it can be conditional which to pay the fine, and not as a
May be absolute or Cannot validly be matter of choice on his part by opting
conditional made subject to a to go to jail instead of paying.
condition.
 Subsidiary penalty is not an accessory
penalty, hence it must be specifically
imposed by the court in its
judgment, otherwise the accused
cannot be made to serve the
corresponding subsidiary
imprisonment.
 ART. 37 – COSTS
Costs or costs of suit – are the expenses of RULES AS TO SUBSIDIARY PENALTY
litigation allowed and regulated by
1. If the penalty imposed is
the Rules of Court to be assessed against or
prisión correccional or arresto and
to be recovered by a party in litigation.
fine – subsidiary imprisonment is
not to exceed 1/3 of the term
THE FOLLOWING ARE INCLUDED
of the sentence, and in no case to
IN COSTS:
continue for more than one year.
1. Fees, and
Fraction or part of a day, not counted.
2. Indemnities, in the course of judicial
2. When the penalty imposed is fine only
proceedings.
– subsidiary imprisonment
 Are chargeable to the accused only
a) not to exceed 6 months – if the
in cases of conviction. In case
culprit is prosecuted for grave or
of acquittal, the costs are de
less grave felony, and
oficio, meaning each party bearing
b) not to exceed 15 days – if
his own expenses.
prosecuted for light felony.
 The payment of costs is a matter
3. When the penalty imposed is higher
that rests entirely upon the discretion
than prisión correccional –
of courts.
no subsidiary imprisonment.
4. If the penalty imposed is not to be executed by
 ART. 38 - PECUNIARY LIABILITIES What confinement, but of fixed duration – subsidiary
penalty shall consist in the same
are the pecuniary liabilities of deprivations as
those of the principal penalty, under the same
persons criminally liable? rules as nos. 1, 2 and 3 above.
They are, in the following order: 5. In case the financial circumstances of the
1. The reparation of the damage caused convict should improve, he shall pay the fine,
2. Indemnification of the notwithstanding the fact that the convict
consequential damages suffered subsidiary personal liability therefor.
3. Fine  When the penalty prescribed for the offense is
4. Costs of proceedings. imprisonment, it is the penalty actually
imposed by the Court, not the penalty provided
When is Art.38 applicable? for by the Code, which should be considered in
In case the property of the offender should determining whether or not subsidiary penalty
not be sufficient for the payment of all his should be imposed.
pecuniary liabilities. NO SUBSIDIARY PENALTY SHALL BE
IMPOSED WHERE:
ART. 39 – SUBSIDIARY PENALTY 1. The penalty imposed is higher than
prisión correccional or 6 years,
Subsidiary penalty – it is a subsidiary  Additional penalty for habitual
personal liability to be suffered by delinquency should be included in
the convict who has no property with which determining whether or not
to meet the fine, at the rate of one day subsidiary penalty should be
for each eight pesos (P8.00), subject to imposed.
the rules provided for in Art. 39.

P a g e 34 | 61
 MEMORY AID IN CRIMINAL LAW
2. For non-payment of reparation  The Code does not provide for
or indemnification, any accessory penalty for destierro.

3. For non-payment of costs, and

RECLUSION LIFE
4. Where the penalty imposed is a fine PERPETUA IMPRISONMENT
and another penalty without fixed Has a specific Has no definite term
duration, like censure. duration of 20 years or accessory
and 1 day to 40 years penalties.
 The rules on subsidiary penalty in Art. and accessory
39 are applicable to crimes punishable penalties.
by special laws by force of Art. 10
of the Code. Imposable on Imposable on crimes
felonies punished by punishable by special
Section Three – Penalties in which the RPC. laws.
other accessory penalties are inherent

P a g e 35 | 61
 OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES
1. Death, when not executed by reason
of commutation or pardon
i. Perpetual absolute disqualification, and
ii. Civil interdiction during 30 years, if not expressly remitted in the pardon.

2. Reclusión perpetua and reclusión temporal

i. Civil interdiction for life or during the sentence, and
ii. Perpetual absolute disqualification, unless expressly
remitted in the pardon of the principal penalty.

3. Prisión mayor
i. Temporary absolute disqualification, and
ii. Perpetual special disqualification from suffrage, unless expressly remitted in
the pardon of the principal penalty.

4. Prisión correccional
i. Suspension from public office, profession or calling, and
ii. Perpetual special disqualification from suffrage, if the duration of imprisonment
exceeds 18 months, unless expressly remitted in the pardon of the principal penalty.
 There is perpetual special disqualification from suffrage, only when the
duration of the
imprisonment exceeds 18 months.

5. Arresto – suspension of the right to hold office and the right of suffrage during the
term of the sentence.
 ART. 45 – CONFISCATION AND FORFEITURE OF THE PROCEEDS OF THE CRIME
OUTLINE OF THE PROVISION OF THIS ARTICLE
1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and
the instruments or tools used in the commission of the crime.
2. The proceeds and instruments or tools of the crime are confiscated and forfeited
in favor of the Government.
3. Property of a third person not liable for the offense, is not subject to confiscation
and forfeiture.
4. Property not subject of lawful
commerce (whether it belongs to the accused or to third person) shall be destroyed.
 The confiscation and forfeiture of the proceeds and instruments of a crime is an accessory
penalty.

The provisions of Art. 45 cannot apply when

1. The instruments belong to innocent third parties,
2. Such properties have not been placed under the jurisdiction of the court, and
3. When it is legally or physically impossible.
 This accessory penalty presupposes a judgment of conviction. However, even if the
accused is acquitted on reasonable doubt, but the instruments or proceeds are
contraband, the judgment of acquittal shall order their forfeiture for appropriate
disposition

P a g e 36 | 61
.
Chapter Four: Application of Penalties Intentional Mutilation, or Arson
(Arts. 46-72)

Section One – Rules for application of

penalties to the persons criminally
liable and for the graduation of
the same.

 ART. 46. PENALTY TO BE IMPOSED

UPON PRINCIPALS IN GENERAL

GENERAL RULE: The penalty prescribed by

law in general terms shall be
imposed upon the principals for a
consummated felony.
EXCEPT: When the penalty to be
imposed
upon the principal in frustrated or
attempted felony is fixed by law.

GRADUATION OF PENALTIES
1. BY DEGREES – refers to
a) the stages of
execution (consummated,
frustrated, or attempted); and
b) the degree of the
criminal
participation of the offender (whether
as principal, accomplice or accessory).
2. BY PERIODS – refers to the proper period
of the penalty which should be imposed
when aggravating or mitigating
circumstances attend the commission
of the crime.

 ART. 47 CASES WHEREIN THE DEATH

PENALTY SHALL NOT BE IMPOSED
1. UNDER AGE. When the offender is
below 18 years of age at the time
of the commission of the crime.
2. OVER AGE. When the guilty person is
more than seventy (70) years of age.
3. NO COURT MAJORITY. When
upon appeal or automatic review of the
case by the Supreme Court, the
vote of eight members is not
obtained for the imposition of the
death penalty.

 Automatic review is available only in

cases where death penalty is
imposed (R.A. 7659).

CRIMES PUNISHABLE BY DEATH UNDER

THE DEATH PENALTY LAW (RA 7659)
1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and Serious Illegal
Detention
8. Robbery – with Homicide, Rape,

P a g e 37 | 61
9. Rape – with the use of a deadly
weapon, or by two or more persons
- where the victim became
insane
- with Homicide
10. Qualified Rape
11. Destructive Arson
12. Plunder
13. Violation of certain provisions of the
Dangerous Drugs Act
14. Carnapping

 ART. 48 COMPLEX CRIMES

CONCEPT:
1. In complex crime, although 2 or
more crimes are actually committed,
they constitute only one crime in the
eyes of the law as well as in the
conscience of the offender.
2. The offender has only one
criminal intent, hence there is only one
penalty imposed for the
commission of a complex crime.

TWO KINDS OF COMPLEX CRIMES:

1. COMPOUND CRIME (delito
compuesto) – a single act
constitutes 2 or more grave or
less grave felonies.
REQUISITES:
1. That only a single act is
performed by the offender;
2. That the single act produces:
(1) two or more grave
felonies, or (2) one or more
grave and one or more
less grave felonies.

2. COMPLEX CRIME PROPER (delito

complejo) – an offense is
a necessary means for committing
the other.
REQUISITES:
1. That at least two offenses are
committed;
2. That one or some of
the offenses must be
necessary to commit the
other;
3. That both or all of the
offenses must be punished
under the same statute.

NO COMPLEX CRIME IN THE FOLLOWING

CASES
1. In case of continuing crimes
2. When one offense is committed to
conceal the other.
3. When the other crime is
an indispensable part or an element
of the other offenses.

P a g e 38 | 61
 MEMORY AID IN CRIMINAL LAW
4.Where one of the offenses is penalized offender shall be PUNISHED FOR EACH
by a special law. and every offense that he committed.
 Art. 48 does not apply when the law CONTINUING CRIME – is a single crime,
provides one single penalty for consisting of a series of acts, but all
special arising from ONE CRIMINAL RESOLUTION;
complex crime. These include – length of time in the commission
Robbery with Homicide is immaterial.
Robbery with Rape
Rape with Homicide
Kidnapping with Serious REAL OR CONTINUED
Physical Injuries MATERIAL CRIME
Kidnapping with Homicide or PLURALITY
Murder 1. There is a series 1. There is a series
of acts performed of acts performed
 The penalty for complex crime is the by the offender by the offender
penalty for the most serious crime, the 2. Each act 2. The different acts
same to be applied in its maximum performed by the constitute only
offender constitutes one crime, all of
period. a separate crime, the acts performed
each act is arise from one
 If different crimes resulting from one generated by a criminal resolution
single act are punished with the criminal impulse
same penalty, the penalty for any
one of
them shall be imposed, the same to be 2. REAL OR MATERIAL PLURALITY -
DIFFERENT CRIMES in law, as well as in the
applied in the maximum period.
conscience of the offender; the
ART. 49 PENALTY TO BE IMPOSED UPON THE
 Art. 48 applies to crimes through PRINCIPALS WHEN THE CRIME COMMITTED IS
negligence. E.g.: offender found guilty DIFFERENT FROM THAT INTENDED
of a complex crime of homicide with RULES:
less serious physical injuries through 1. If the penalty for the felony
reckless imprudence. committed be higher than the
penalty for the offense which the
 When 2 felonies constituting a accused intended to commit, the lower
complex crime are punishable by penalty shall be imposed in its
imprisonment and fine, respectively, maximum period.
only the penalty of imprisonment 2. If the penalty for the felony
should be imposed. REASON: fine committed be lower than the penalty
is not included in the list of for the offense which the accused
penalties in the order of severity, and intended to commit, the lower penalty
it is the last in the graduated scales in shall be imposed in its
Art. 71 of the RPC. maximum period.
3. If the act committed also constitutes
Plurality of Crimes- consists in the an attempt or frustration of another
successive execution, by the same crime, and the law prescribes a higher
individual, of different criminal penalty for either of the latter, the
acts, upon any of which no conviction penalty for the attempted or
has yet been declared. frustrated crime shall be imposed in
its maximum period.
KINDS:  ART. 59. PENALTY TO BE IMPOSED IN
1. FORMAL OR IDEAL PLURALITY- only CASE OF FAILURE TO COMMIT THE CRIME
ONE CRIMINAL LIABILITY. BECAUSE THE MEANS EMPLOYED OR THE
THREE GROUPS UNDER THE AIMS SOUGHT ARE IMPOSSIBLE
FORMAL TYPE:
a) When the offender commits The penalty for impossible crime is Arresto
any of the complex crimes in Mayor (imprisonment of 1 mo and 1 day to
ART 48. 6 mos) or fine ranging from 200-500pesos.
b) When the law specifically fixes BASIS FOR THE IMPOSITION OF PROPER
a single penalty for two or PENALTY
more offenses committed. 1. Social danger; and
c) When the offender commits 2. Degree of criminality shown by
continuing crimes. the offender
 ART. 61. RULES OF GRADUATING
PENALTIES
According to Arts. 50-57, the penalty prescribed
by law for the felony shall be lowered by one or two
degrees, as follows:

P a g e 39 | 61
1. For the principal in frustrated felony –
one degree lower; REQUISITES OF HABITUAL DELIQUENCY:
2. For the principal in attempted felony – 1. that the offender had been convicted of any of
two degrees lower; the crimes of serious or less serious physical
3. For the accomplice in consummated injuries, robbery, theft, estafa or falsification.
felony – one degree lower; 2. that after conviction or after serving his
4. For the accessory in consummated felony – sentence, he again committed, and, within
two degrees lower; 10 years from his last release of first
conviction, he was again convicted of any
DIAGRAM OF THE APPLICATION OF ARTS. of the said crimes for the second time.
50- 57: 3. that after his conviction of, or after serving
sentence for the second offense, he
again committed, and, within 10 years from his
last release or
CONSUM- FRUS- ATTEMP- last conviction, he was again convicted of any of
MATED TRATED TED said offenses, the third time or oftener.
Prin 0 1 2
Habituality distinguished from recidivism
Accom 1 2 3
HABITUAL RECIDIVISM
DELIQUENCY
Acces 2 3 4
As to the CRIMES committed
In this diagram, “0” represents the penalty prescribed The crimes are It is sufficient that
by law in defining a crime, which is to be imposed specified the accused on the
on the principal in a consummated offense, in date of his trial,
accordance with the provisions of Art. 64. The shall have been
other figures represent the degrees to which the
previously
penalty must be lowered, to meet the different
convicted by final
situations anticipated by law.
judgment of
another crime
embraced in the
same title.
Section Two – Rules for the application of As to the PERIOD of time the crimes are
penalties with regard to the committed
mitigating and aggravating The offender is found No period of time
circumstances, and habitual delinquency guilty within ten between the
years from his last former conviction
release or last and the last
conviction. conviction.
As to the NUMBER of crimes
committed
The accused must be The second offense is
 ART. 62. EFFECTS OF THE found guilty the third for an offense found
ATTENDANCE OF MITIGATING OR time or oftener of in the same title.
the crimes specified.
AGGRAVATING CIRCUMSTANCES AND OF As to their EFFECTS
HABITUAL DELIQUENCY An additional penalty is If not offset by a
EFFECTS: also imposed mitigating
1. Aggravating circumstances (generic and circumstance, serves
specific) have the effect of increasing to increase the
the penalty, without however exceeding penalty only to the
the maximum maximum
period provided by law. ART. 63 RULES FOR THE APPLICATION OF
2. Mitigating circumstances have the effect of INDIVISIBLE PENALTIES
diminishing the penalty. OUTLINE OF THE RULES:
1. When the penalty is single indivisible, it shall
3. Habitual delinquency has the effect, not only be applied regardless of any mitigating
of increasing the penalty because of (except if privilege mitigating) or
recidivism which is aggravating circumstances.
generally implied in habitual
delinquency, but also of imposing an additional
penalty.

P a g e 40 | 61
 2. When the penalty is composed of two indivisible penalties, the following rules shall be
observed:
a) When there is only one
aggravating circumstance, the greater penalty shall be imposed.
b) When there is neither mitigating nor aggravating circumstances, the lesser penalty shall
be imposed.
c) When there is a mitigating circumstance and no aggravating circumstance,
the lesser penalty shall be imposed.
d) When both mitigating and aggravating circumstances are present, the
court shall allow them to offset one another.

 ART. 64 RULES FOR THE APPLICATION OF PENALTIES, WHICH CONTAIN THREE PERIODS

CASES IN WHICH MITIGATING AND AGGRAVATING CIRCUMSTANCES ARE NOT

CONSIDERED IN THE IMPOSITION OF PENALTY:
1. When the penalty is single and
indivisible (except if privileged mitigating)
2. In felonies through negligence
3. When the penalty is only a fine
imposed by an ordinance
4. When the penalties are prescribed by special laws

 ART. 66. IMPOSITION OF FINES OUTLINE OF THE PROVISION:

1. The court can fix any amount of the
fine within the limits established by law.
2. The court must consider: (1) the mitigating and aggravating
circumstances; and (2) more particularly, the wealth or means of the culprit.
3. The court may also consider: (1) the gravity of the crime committed; (2) the
heinousness of it s perpetration; and (3) the magnitude of its effects on the offender’s
victims.

 ART. 68. PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE
APPLICATION OF ART. 68:
 This article is not immediately applicable to a minor under 18 years of age,
because such minor, if found
guilty of the offense charged, is not sentenced to any penalty. The sentence is
suspended and he is ordered committed to the reformatory institution, IF, his
application therefore is approved by the court.

 This article is applicable when the minor’s application for suspension of sentence is
DISAPPROVED or if while in the reformatory institution he becomes INCORRIGIBLE,
in which case he shall be returned to the court for the imposition of the proper penalty.

 ART. 70. SUCCESSIVE SERVICE OF SENTENCE

THE THREE-FOLD RULE

1. THE MAXIMUM DURATION OF THE CONVICT’S SENTENCE shall not be more than
three times the length of time corresponding to the most severe of the penalties imposed
upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is to serve 4 or more sentences successively.
4. Subsidiary penalty forms part of the penalty.

DIFFERENT SYSTEMS OF PENALTY, RELATIVE TO THE EXECUTION OF TWO OR MORE

PENALTIES IMPOSED ON ONE AND THE SAME ACCUSED
1. Material accumulation system
No limitation whatever, and accordingly, all the penalties for all the violations
were imposed even if they reached beyond the natural span of human life.
2. Juridical accumulation system
Limited to not more than three- fold the length of time corresponding to the most
severe and in no case to exceed 40 years. This is followed in our jurisdiction.
3. Absorption system
The lesser penalties are absorbed by the graver penalties.

P a g e 41 | 61
 ART. 72. PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES
Civil liability is satisfied by following the degree, the STARTING POINT for
chronological order of the dates of determining the minimum term of the
the final judgment. indeterminate penalty is the penalty
next lower than that prescribed by the
Section Three – Provisions common Code for the offense.
in the last two preceding sections
(Arts. II. IF THE PENALTY IS IMPOSED
73-77) BY SPECIAL PENAL LAW
 ART. 77. WHEN THE PENALTY IS A a) The Maximum Term – must not exceed
COMPLEX ONE COMPOSED OF THREE the maximum term fixed by said law.
DISTINCT PENALTIES b) The Minimum Term – must not be
COMPLEX PENALTY - is a less than the minimum term
penalty prescribed by law composed of prescribed by
three distinct penalties, each forming a the same.
period: the lightest of them shall be the
minimum, the next the medium, and the  For SPECIAL LAWS, it is
most severe the maximum period. anything within the inclusive range
of the prescribed penalty. Courts
INDETERMINATE SENTENCE LAW (ISL) are given discretion in the
Act No. 4103 as amended by Act No. imposition of the indeterminate
4225 penalty. The aggravating
and mitigating circumstances
CONCEPT OF INDETERMINATE SENTENCE are not considered unless the
– is a sentence with a minimum term and a special law adopts the same
maximum term terminology for penalties as
those used in the RPC (such as
which, the court is mandated to impose reclusión perpetua and the like).
for the benefit of a guilty person who is
not disqualified therefore, when the B. WHEN BENEFIT OF THE ISL IS NOT
maximum imprisonment exceeds one APPLICABLE:
(1) year. It applies to both violations The Indeterminate Sentence Law shall
of Revised Penal Code and special laws. not
apply to the following persons:
A. SENTENCE IN THE ISL 1. sentenced to death penalty or life
In imposing a prison sentence for an imprisonment
offense punished by the Revised Penal 2. treason, or conspiracy or proposal to
Code or special penal laws, the court shall commit treason
sentence the accused to an 3. misprision of treason,
indeterminate sentence, which has a rebellion,
maximum and a minimum term based sedition or espionage
on the penalty actually imposed. 4.
 ISL application is mandatory, where piracy
imprisonment would exceed one year. 5. habitual delinquents
6. escaped from confinement, or
I. IF THE PENALTY IS IMPOSED BY evaded sentence
THE RPC: 7. granted with conditional pardon by
1. The Maximum Term – is that which the President, but violated the terms
could be properly imposed under the thereof
RPC, considering the aggravating and 8. maximum term of imprisonment does
mitigating circumstances. not exceed 1 year
2. The MinimumTerm – is within the 9. sentenced to the penalty of
range of the penalty one degree lower destierro
than that prescribed by the or suspension only
RPC, without considering
the circumstances. C. RELEASE OF THE PRISONER ON
 BUT when there is a privileged PAROLE
mitigating circumstance, so that the The Board of Pardons and Parole may
penalty has to be lowered by one authorize the release of a prisoner on
parole, after he shall have served the
minimum penalty imposed on him,
provided that:
a) Such prisoner is fitted by his training
for release,
b) There is reasonable probability that he

P a g e 42 | 61
 will live and remain at liberty without
violating the law,
c) Such release will not be incompatible
with the welfare of society.

P a g e 43 | 61
 MEMORY AID IN CRIMINAL LAW
D. ENTITLEMENT TO FINAL RELEASE  The same shall be done for a child
AND DISCHARGE over nine years and under fifteen
If during the period of surveillance such years of age at the time of the
paroled prisoner shall: (a) show himself to
be a law abiding citizen and, (b) shall
not violate any law, the Board may issue
a final certification in his favor, for his final
release and discharge.

E. SANCTION FOR VIOLATION

OF CONDITIONS OF THE PAROLE
When the paroled prisoner shall
violate
any of the conditions of his parole: (a) the
Board may issue an order for his arrest,
and thereafter, (b) the prisoner shall serve
the remaining unexpired portion of
the maximum sentence for which he
was originally committed to prison.

F. REASONS FOR FIXING THE MAXIMUM

AND MINIMUM TERMS IN THE
INDETERMINATE SENTENCE
The minimum and maximum terms in the
IS must be fixed, because they are the
basis for the following:
1. Whenever a prisoner has: (a) served
the MINIMUM penalty imposed on
him, and (b) is fit for release of
the prisoner on parole, upon terms
and conditions prescribed by the Board.
2. But when the paroled prisoner violates
any of the conditions of his
parole during the period of
surveillance, he may be rearrested
to serve the remaining unexpired
portion of the MAXIMUM sentence.
3. Even if a prisoner has already served
the MINIMUM, but he is not fitted for
release on the parole, he shall
continue to serve until the end of
the MAXIMUM term.

THE CHILD AND YOUTH WELFARE CODE

(PD 603, as amended)

Who is a Youthful Offender?

A youthful offender is a child, minor, or
youth, including one who is emancipated
in accordance with law, who is over nine
years but under eighteen years of age at
the time of the commission of the offense.
 A child nine years of age or under at
the time of the commission of
the
offense shall be exempt from
criminal
liability and shall be committed to the
care of his or her father or mother, or
nearest relative or family friend in the
discretion of the court and subject
to its supervision

P a g e 44 | 61
 commission of the offense, unless he
acted with discernment, in which case
he shall be proceeded against
in accordance with Article 192.

1. The purpose of the Child and Youth

Welfare Code is to avoid a situation
where JUVENILE OFFENDERS would
commingle with ordinary criminals in
prison.
2. If the court finds that the
youthful offender committed the crime
charged against him, it shall
DETERMINE the imposable penalty
and the civil liability chargeable
against him.
3. The court may not pronounce
judgment of conviction but instead
SUSPEND all further proceedings if,
upon application of the youthful
offender, it finds that the best
interest of the public and that of
the offender will be served thereby.
4. The benefits of Article 192 of PD
603, as amended, providing for
suspension of sentence, shall NOT
APPLY TO (1) a youthful offender who
once enjoyed suspension of
sentence under its provisions, or (2)
one who is convicted of an offense
punishable by death or life
imprisonment.
5. The youthful offender shall be
RETURNED to the committing court for
pronouncement of judgment,
when the youthful offender, (1) has
been found incorrigible, or (2) has
willfully failed to comply with the
conditions of his rehabilitation
programs; or (3) when his continued
stay in the training institution would be
inadvisable.
6. When the youthful offender has
reached the age of TWENTY-ONE while
in commitment, the court shall
determine whether-
a) To DISMISS the case, if the
youthful offender has behaved
properly and has shown his
capability to be a useful member
of the community; or
b) To PRONOUNCE the judgment of
conviction, if the conditions
mentioned are not met.
7. In the latter case, the
convicted offender may apply for
PROBATION. In any case, the youthful
offender shall be credited in the
service of his sentence with the full
time spent in actual commitment and
detention.
8. The final release of a youthful
offender, based on good conduct as
provided in Art. 196 shall not
obliterate his CIVIL LIABILITY for
damages.

P a g e 45 | 61
9. A minor who is ALREDY AN ADULT at 2. Available institutional and community
the time of his conviction is not resources.
entitled to a suspension of sentence.

PROBATION LAW OF 1976

(PD 968, AS AMENDED)

A. CONCEPT
PROBATION is a disposition under
which a defendant after conviction
and sentence is released subject
to conditions imposed by the court and
to the supervision of a probation
officer.

B. APPLICATION
This shall apply to all offenders except
those entitled to benefits under
PD
603 and similar laws.

C. RULES ON GRANT OF PROBATION

1. After having convicted and sentenced
a defendant, the trial court
MAY SUSPEND the execution of
the sentence, and place the
defendant on probation, upon
APPLICATION by the defendant
within the period for perfecting
an appeal.
2. Probation may be granted whether the
sentence imposed a term of
imprisonment or fine only.
3. NO application for probation shall be
entertained or granted if the
defendant has PERFECTED AN APPEAL
from the judgment of conviction.
4. Filing of application for
probation operates as a WAIVER OF
THE RIGHT TO APPEAL.
5. The application shall be filed with
the
trial court, and the order granting or
denying probation shall NOT BE
APPEALABLE.
6. Accessory penalties are deemed
suspended once probation is granted.

D. POST-SENTENCE INVESTIGATION
The convict is not immediately placed on
probation. There shall be a prior
investigation by the probation officer and
a determination by the court.

E. CRITERIA FOR PLACING AN OFFENDER

ON PROBATION
The court shall consider:
1. All information relative to the
character, antecedents, environment,
mental, and physical condition of the
offender.
P a g e 46 | 61
F. PROBATION SHALL BE DENIED IF
THE COURT FINDS THAT:
1. The offender is in need of correctional
treatment that can be
provided effectively by his
commitment to an institution.
2. There is undue risk of committing
another crime.
3. Probation will depreciate the
seriousness of the offense committed.

G. DISQUALIFIED OFFENDERS
THE BENEFITS OF THE DECREE SHALL
NOT BE EXTENDED TO THOSE:
1. Sentenced to serve a maximum term
of imprisonment of more the 6 years.
2. Convicted of subversion or any crime
against the national security or
the public order.
3. Previously convicted by final judgment
of an offense punished by
imprisonment of not less than 1 month
and 1 day and/or a fine not less
than P200.
4. Once placed on probation.

H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1. Mandatory or general – once violated,
the probation is cancelled. They are:
a) Probationer: Presents himself to
the probation officer designated to
undertake his supervision, at such
place as may be specified in the
order, within 72 hours
from receipt of order;
b) He reports to the probation officer
at least once a month.
2. Discretionary or special – additional
conditions listed, which the courts
may additionally impose on the
probationer towards his correction and
rehabilitation outside prison.
HOWEVER, the enumeration is not
inclusive. Probation statutes are
liberal in character and enable
the courts to designate practically
ANY term it chooses, as long as
the probationer’s Constitutional rights
are not jeopardized. Also, they must
not be unduly restrictive of
probationer, and not incompatible
with the freedom of conscience of
probationer.

I. PERIOD OF PROBATION
FOR HOW LONG MAY A CONVICT
BE PLACED ON PROBATION?
1. If the convict is sentenced to a term of
imprisonment of NOT more than one

P a g e 47 | 61
 MEMORY AID IN CRIMINAL LAW
year, the period of probation shall not 4. Convict who becomes insane, after
exceed 2 years. final sentence of death has
2. In all other cases, if he is sentenced to been pronounced.
more than one year, said period
shall not exceed 6 years.
3. When the sentence imposes a fine only  ART. 87. DESTIERRO
and the offender is made to
serve subsidiary imprisonment. The ONLY IN THE FOLLOWING CASES IS
period of probation shall be twice DESTIERRO IMPOSED:
the total number of days of 1. Death or serious physical injuries
subsidiary imprisonment. is caused or are inflicted
under exceptional circumstances (Art.
J. ARREST OF PROBATIONER AND 247);
SUBSEQUENT DISPOSITIONS
1. At any time during probation, the 2. Failure to give bond for good
court may issue a warrant for the behavior in grave and light threats (Art.
ARREST of a probationer for any 284);
serious violation of the conditions of 3. Penalty for the concubine in
probation. concubinage (Art. 334);
2. If violation is established, the court 4. When, after reducing the penalty by
may (a) REVOKE his probation, or (b) one or more degrees, destierro is
continue his probation and MODIFY the the proper penalty.
conditions thereof. This order is not
appealable.
3. If revoked, the probationer shall SERVE TITLE FOUR: EXTINCTION OF
the sentence originally imposed. CRIMINAL LIABILITY

K. TERMINATION OF PROBATION Chapter One: Total Extinction of

The court may order the final discharge of Criminal Liability (Arts. 89-93)
the probationer upon finding that, he
has fulfilled the terms and conditions of  ART. 89. CRIMINAL LIABILITY IS
his probation. TOTALLY EXTINGUISHED

L. EFFECTS OF TERMINATION HOW CRIMINAL LIABLITY TOTALLY

OF PROBATION EXTINGUISHED:
1. Case is deemed terminated. 1. By the DEATH of the convict as
2. Restoration of all civil rights lost or to personal penalties; BUT as
suspended. to pecuniary penalties, liability
3. Fully discharges liability for any fine is
imposed. extinguished only when the death of
the offender occurs before or
 Note that the probation is NOT after final judgment
coterminous with its period. There
must be an order issued by the
court discharging the probationer. 2. By SERVICE OF SENTENCE;
3. By AMNESTY, which completely
extinguishes the penalty and all
its effects.
4. By ABSOLUTE PARDON
Chapter Five: Execution and Service of 5. By PRESCRIPTION OF THE CRIME
Penalties (Arts. 78-88) 6. By PRESCRIPTION OF PENALTY
7. By MARRIAGE OF THE OFFENDED
 ART. 83. SUSPENSION OF THE WOMAN with the offender in
EXECUTION OF THE DEATH SENTENCE the crimes of rape, seduction,
abduction, and acts of
Death sentence shall be suspended when lasciviousness. In the crimes of
accused is a: rape, seduction, abduction, and acts
1. Woman, while pregnant, of lasciviousness, the marriage, as
2. Woman, within one year after provided under Art 344, must be
delivery, contracted in good faith.
3. Person over 70 years of age;
AMNESTY – is an act of the sovereign
power granting oblivion or general
pardon for a past offense, and is rarely

P a g e 48 | 61
if ever exercised in favor of a single
individual, and is usually extended in
behalf of

P a g e 49 | 61
certain classes of persons who are a) Death, reclusión perpetua or
subject to trial but have not yet been reclusión temporal – 20 years
convicted. b) afflictive penalties – 15 years
c) correctional penalties – 10 years
PARDON – is an act of grace, proceeding except those punishable by arresto
from the power entrusted with the mayor which shall prescribe in 5
execution of the laws, which exempts years.
the individual on whom it is bestowed  When the penalty fixed by law is a
from the punishment the law inflicts compound one, the highest
for the crime he has committed. penalty shall be made the basis
of the application of the
Pardon distinguished from amnesty rules contained above.
PARDON AMNESTY 2. Crime of libel – 1 year
1. Includes any 1. A blanket pardon 3. Offenses of oral defamation and
crime and is to classes of slander by deed – 6 months
exercised persons or 4. Light offenses – 2 months
individually by communities who
the President may be guilty of
Prescription of the penalty – is the loss or
political offenses.
2. Exercised when forfeiture of the right of the government
the person is 2. May be exercised to execute the final sentence, after the
already convicted even before trial or lapse of a certain time.
investigation is had
3. Merely looks
FORWARD and 3. Looks BACKWARD
relieves the and abolishes and PRESCRIPTIVE PERIODS OF PENALTIES:
offender from the puts into oblivion 1. Death and reclusión perpetua – 20
consequences of an the offense itself; it
offense of which he
years
so overlooks
has been convicted; and obliterates 2. Other afflictive penalties – 15 years
it does not work for the offense with 3. Correctional penalties – 10 years
the restoration of which he is charged except for the penalty of arresto
the rights to hold that the person mayor which prescribes in 5 years.
public office, or the released by 4. Light penalties – 1 year
right of suffrage, amnesty stands
unless such rights before the law
are expressly precisely as though  ART. 93. COMPUTATION OF THE
restored by means he had committed PRESCRIPTION OF PENALTIES
of pardon. no offense.
4. Does not alter
the fact that the OUTLINE
accused is a 4. Makes an 1. Period of prescription commences to
recidivist as ex- convict no run from the date when the culprit
it produces only longer a recidivist, evaded the service of his sentence.
the extinction of because it 2. It is interrupted when the convict
the personal effects obliterates the last a) gives himself up,
of the penalty. vestige of the crime. b) is captured,
5. Does not c) goes to a foreign country with
extinguish the which we have no extradition
civil liability of treaty, or
the offender 5. Does not
d) commits any crime before the
6. Being PRIVATE extinguish the civil expiration of the period of
ACT by the liability of the
prescription.
President, must be offender
pleaded and proved 6. Being a
by the person Proclamation of
ELEMENTS
pardoned the Chief Executive 1. That the penalty is imposed by final
with the judgment
concurrence of 2. That the convict evaded the service of
Congress; is a PUBLIC his sentence by escaping during
ACT of which the
the courts should
take judicial notice
Prescription of the crime – is the PRESCRIPTIVE PERIODS OF CRIMES:
forfeiture or loss of the right of the 1. Crimes punishable by
State to prosecute the offender, after
the lapse of a certain time.

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 term of his sentence
3. The convict who escape from prison
has not given himself up, or been
captured, or gone to a foreign country
4. That the penalty has
prescribed because of the lapse of
time from the

P a g e 51 | 61
 MEMORY AID IN CRIMINAL LAW
date of the evasion of service of the Chapter One: Persons Civilly Liable for
sentence by the convict. Felonies (Arts. 100-103)
 ART. 100. CIVIL LIABILITY OF A
Chapter Two: Partial Extinction of PERSON GUILTY OF FELONY
Criminal Liability (Arts. 94-99)
A CRIME HAS A DUAL CHARACTER:
 ART. 94. PARTIAL EXTINCTION OF 1. As an offense against the state,
CRIMINAL LIABILITY because of the disturbance of the
social order; and
CRIMINAL LIABILITY IS PARTIALLY 2. As an offense against the private
EXTINGUISHED: person injured by the crime, UNLESS it
1. By CONDITIONAL PARDON; involves the crime of treason,
2. By COMMUTATION OF SERVICE rebellion, espionage, contempt, and
3. For GOOD CONDUCT ALLOWANCES others wherein no civil liability arises
which the culprit may earn while he is on the part of the offender,
serving sentence; either because there are no damages
4. By PAROLE to be compensated or there is no
a. Parole – is the suspension of private person injured by the crime.
the sentence of a convict,
after serving the minimum term EFFECT OF ACQUITTAL
of the indeterminate penalty, Extinction of the penal action does NOT
without being granted a carry with it extinction of the
pardon, prescribing the terms civil; UNLESS the extinction proceeds
upon which the sentence shall be from a declaration in a final judgment
suspended that the fact from which the civil
liability might arise did not exist. (See
b. If the convict fails to observe Section 1, Rule
the condition of the parole, the 111 of the 2000 Rules on Criminal
Board of Pardons and Procedure. Civil liability arising from other
Parole is authorized to : sources of obligations is not impliedly
(1) direct his ARREST AND instituted with the criminal action).
RETURN TO CUSTODY and thereafter;
(2) to CARRY OUT HIS SENTENCE EFFECT OF DISMISSAL OF CASE
WITHOUT REDUCTION of the time The dismissal of the information or the
that has elapsed between the date of criminal action does NOT affect the right
the parole and the subsequent arrest. of the offended party to institute or
5. By PROBATION. See Probation Law continue the civil action already instituted
page42 arising from the offense, because such
dismissal or extinction of the penal
Conditional pardon distinguished from action does not carry with it the extinction
parole of the civil action.
CONDITIONAL PAROLE
PARDON EFFECT OF DEATH OF THE OFFENDER
1. May be given at any 1. May be given after If the offender dies prior to the institution
time after final the prisoner has of the action or prior to the finality of
judgment; is granted served the minimum judgment, civil liability ex-delicto is
by the Chief Executive penalty; is granted extinguished. (DE GUZMAN vs. PEOPLE
under the provisions by the Board of
of the OF THE PHILIPPINES, G.R. No.
Pardons and Parole
Administrative Code under the provision
154579. October 8, 2003)
of the
Indeterminate In all these cases, civil liability
2. For violation of Sentence Law from sources other than delict are
the conditional 2. For violation of not extinguished.
pardon, the convict the terms of the
may be ordered re- parole, the convict
arrested or re-  ART. 101. RULES REGARDING CIVIL
CANNOT BE
incarcerated by the PROSECUTED UNDER LIABILITY IN CERTAIN CASES
Chief Executive, or ART. 159 OF THE - Civil liability is still imposed in
may be PROSECUTED RPC, he can be re- cases falling under exempting
under Art. 159 of the arrested and re- circumstances
Code incarcerated to serve
the unserved portion
of his original penalty.
TITLE FIVE: CIVIL LIABILITY EXCEPT:

P a g e 52 | 61
 1. No civil liability in paragraph 4
of Art. 12 which provides for
injury caused by mere accident.
2. No civil liability in paragraph 7
of
Art. 12 which provides for failure
to perform an act required by
law when prevented by some lawful
or insuperable cause.
- No civil liability is imposed in cases
falling under justifying circumstances
EXCEPT: under paragraph 4, where a
person does an act, causing damage
to another, in order to avoid evil or
injury, the person benefited by the
prevention of the evil or injury shall be
civilly liable in proportion to the benefit he
received.
 ART. 102. SUBSIDIARY LIABILITY OF
INNKEEPERS, TAVERNKEEPERS, AND
PROPRIETORS OF ESTABLISHMENTS
ELEMENTS UNDER PARAGRAPH 1
1. That the innkeeper, tavernkeeper or
proprietor of establishment or his
employee committed a violation of
municipal ordinance or some general
or special police regulation.
2. That the crime is committed in such
inn, tavern or establishment.
3. That the person criminally liable is
insolvent.
commits a felony while in
the discharge of his duties.
3. The said employee is insolvent and has
not satisfied his civil liability.
Chapter Two: What Civil Liability
Includes (Arts. 104-111)
ART. 104. WHAT IS INCLUDED IN CIVIL
LIABILITY
RESTITUTION – restitution of the thing
itself must be made whenever possible
even when found in the possession of a
third person except when acquired by such
person in any manner and under the
requirements which, by law, bar an action
for its recovery.
REPARATION OF DAMAGES – reparation
will be ordered by the court if
restitution is not possible. The court shall
determine the amount of damage,
taking into consideration the price of
the thing, whenever possible, and
its special sentimental value.
INDEMNIFICATION FOR DAMAGES –
includes not only those caused the injured
party, but also, those suffered by his
family or by a third person by reason of
the crime.

 Concurrence of all elements makes the - END OF BOOK ONE -

innkeeper, tavernkeeper, or proprietor
civilly liable for the crime committed
in his establishment.

ELEMENTS UNDER PARAGRAPH 2

1. That the guests notified in
advance
the innkeeper or the person
representing of the deposit of their
goods within the inn or house.
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.

ART. 103. SUBSIDIARY CIVIL

LIABILITY OF OTHER PERSONS

ELEMENTS
1. The employer, teacher, person, or
corporation is engaged in any kind of
industry.
2. Any of their servants, pupils,
workmen, apprentices, or employees

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