CRIMINAL LAW 1
corrective or curative.
LESSON 1:
FUNDAMENTAL PRINCIPLES OF
CRIMINAL LAW
Criminal law is the branch or division of
public law which defines crimes, treats of their
nature, and provides for their punishment.
Penal laws are those acts of the legislature
which prohibit certain acts and establish
penalties for their violations.
The law is penal if the following elements
are present:
(a) the law must define the criminal
act;
(b) it must prescribe a penalty;
(c) it must be an act of thelegislature.
Crime refers to acts or omissions punishable
by criminal law. It is a legalwrong that can be
followed by criminal proceedings and which
may result in punishment.
3 Theories of Criminal Law:
(a) Classical or Juristic Theory;
(b) Positivist or Realistic Theory;
(c) Eclectic or Mixed Philosophy
1. Classical or Juristic Theory
- A person is essentially a moral creature with
an absolute free will to choose between
good and evil.
- One should only be held liable for
wrongful acts as long as free will appears
unimpaired.
- Humans are rational and calculating beings
who guide their actions with reference to the
principles of pleasure andpain.
2. Positivist or Realistic Theory
- Man is subdued occasionally by astrange and
morbid phenomenon whichconditions them to
do wrong in spite of or contrary to their
volition. - Man is inherently good but their
acts or behavior may be conditioned by their
environment.
- Criminal laws must be viewed as a
means to reform and that the penaltiesmust be
3. Eclectic or Mixed Philosophy
- A combination of the good features of
classical and positivist theories.
- E.g., the Revised Penal Code. Although
follows mainly the classical theory, some
provisions pertain to positivist theory such as
impossible crime, voluntary surrender and plea
of guilty
SOME BASIC DOCTRINES IN
CRIMINAL LAW
Nullum Crimen Nulla Poena Sine
Lege
- It literally means “there is no crime
when there is no law punishing it.”
There must be a clear definition of the
punishable offense as well as the
penalty that may be imposed.
Void for Vagueness Doctrine
- It states that a statute which either forbids
or requires the doing of an act in terms so
vague that men of common intelligence must
necessarily guess at itsmeaning and differ to
its application, violates the constitutional
requirement ofdue process of law.
(3) Doctrine of In Dubio Pro
Reo
- It means that whenever a penal law
is to be construed or applied and
admits of two interpretations – one
lenient and the other strict to the
offender – that interpretation which is
lenient or favorable shouldbe adopted.
When in doubt, rule for the accused.
(4) Mala In Se
- Criminal acts are inherently evil or
bad - Violations of the Revised Penal
Code are considered malain se.
 (5) Mala Prohibita
- Acts which are made criminal by
mere violation of the law.
- Violations of Special Penal Laws are
generally considered mala prohibita.
Test to Determine Whether Law isMalum
Prohibitum Or Malum In Se
In malum in se, the intent of the offender
governs.
On the other hand, in malum prohibitum,the
only inquiry is, has the law been violated?
When an act is illegal, the intent of the
offender is immaterial - no substantial
consequence
Distinctions:
(1) In malum in se, the basis of
criminal liability is the moral trait of
the offender; while in malum
prohibitum, it is immaterial.
(2) Good faith or lack of criminal
intent is a defense in malum in se
while it is not in malum prohibitum
except when intent is an element of
the crime.
(3) In mala in se, crimes generally
include moral turpitude while it is not
included in malum prohibitum.
SCOPE OF APPLICATION OF
CRIMINAL LAW
(1) Generality Principle - Criminal law is
binding on all persons, citizens or not, who
live or sojourn - temporarily stay
- in the Philippines. According to Article
14 of the Civil Code, penal laws and those of
public security and safety shall be obligatory
upon all who live or sojourn in the Philippines
subject to the principles of international law
and stipulations.
Exceptions:
(1) Treaty or treaty stipulations, e.g.
VFA - bilateral visiting forces
agreement
(2) Laws of preferential
applications
- Vienna Convention on
Diplomatic Relations and R.A. 75
provide that ambassadors and other
diplomatic agents, including their
domestic servants, are exempted from
local laws.
– Violations of Articles of
War under R.A. 7055
(2) Territoriality Principle
This principle enunciates two (2)
concepts:
(a) Our penal laws are enforceable
within the Philippine territory
(b) Our penal laws cannot be
enforced outside the Philippine
territory. It is based on Article 2, RPC
which provides that itsprovisions shall
be enforced within the Philippine
archipelago including its atmosphere,
its internal waters, and maritime zone.
Exceptions to the First Concept:
Foreign merchant vessel
- Ships used for trading
French Rule - Crimes committed
aboard a foreign merchant vessel
should not be prosecuted in the courts
of the country within the latter’s
territorial jurisdiction where they were
committed unless their commission
affects the peace and security of the
country.
English Rule - Crimes committed
aboard a foreign merchant vessel are
in general triable in the courts of the
country within the territory they were
committed.
(b) Foreign military vessel
 - Philippine laws do not apply to those
crimes committed inside the foreign
military or public vessels.
Warships are considered as
extension of their flag, hence,
immune from localjurisdiction.
This exemption does not apply to those crew
members who violate the law while they are
on off-duty.
(c) Foreign aircraft
- Crimes committed aboard the foreign
aircraft travelling in the Philippine
airspace are not triable in the
Philippines. It is the state of
registration which has jurisdictionover
the same while it is in flight over the
high seas or any otherarea outside the
territory of any state.
Exceptions to the SecondConcept:
(a) Those who commit an offense
while on Philippine ship or airship;
(b) Those who forge/counterfeit any
coin/currency note or securities
issued by the Philippines, including its
introduction;
(c) A public officer or employee who
commits an offense in the exercise of
their functions.
(d) Those who commit crimesagainst
national security and the laws of
nations
(3) Prospectivity Principle - It means that
the criminal laws look forward and never
backward, otherwise, it acquires a character of
an ex post facto law.
Exceptions to Prospectivity
Principle:
- Penal laws shall have retroactive
effect in so far as they favor the person
guilty of a felony who is not
a habitual delinquent. (Article 22,
RPC)
Ex Post Facto Law:
- One that makes an act done criminal before
the passage of the law, and which was
innocent when committed.
- One which aggravates a crime or inflicts a
greater punishment when it was committed
. - One which allows less evidence than the
law required at the time of thecommission of
the offense.
Limitations of Congress to Enact Penal
Laws
Due Process and Equal Protection
Clause “No personshall be deprived of
life, liberty or property without due
process of law, nor shall any person
be denied the equal protection of the
laws.” (Sec. 1, Art. 3 of the 1987
Constitution)
Non-imposition of Cruel and
Unusual Punishment or Excessive
Fine “Excessive fines shall not be
imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither
shall the death penalty be imposed
unless, for compelling reasons
involvingheinous crimes, the Congress
hereafter provides for it.” (Sec. 19,
Art. 3 of the 1987 Constitution)
Non-imposition of Death Penalty
– R.A. 9346, which was enacted on
June 24, 2006, prohibits the
imposition of death penalty. Instead,
the penalty to be imposed is either
reclusion perpetua (when
punishable under the RPC or special
laws using the same nomenclature
term) or life
imprisonment (when punishable
under special penal laws)
 Bill of Attainder
- A legislative act which inflicts
punishment on individuals or members
of a particular group without judicial
trial.
- It specifies certain individuals or a
group of individuals for the imposition
of punishment.
- Its prohibition is to prevent the
legislature from usurping judicial
function.
LESSON 2: FELONY
- Felonies are acts or omissions
punishable by the Revised Penal Code.(Article
3, RPC)
- It can be committed by means of
deceit (dolo) or by means of fault (culpa).
- There is deceit when the act is
performed with deliberate intent; and there is
fault when the wrongful act results from
imprudence, negligence, lack of foresight, or
lack of skill.
Elements of Felony
(a) There must be an act or omission;
(b) The act or omission must be
punishable
by the Revised Penal Code; and,
(c) The act is committed by means of
dolo
or culpa.
Classifications of Felonies
As to the means by which they are
committed;
As to the nature;
As to the stages of execution; and,As
to the gravity.
AS TO THE MEANS
Intentional felonies
The act is performed with deliberate
intent; voluntarily or freely committed.
Culpable felonies
It consists in voluntarily but without
malice doing or failing to do an act. It
results from negligence, imprudence,
lack of foresight or lack of skill
AS TO THE NATURE:
Malum in Se
The act is inherently evil or bad, or
wrongful per se.
Acts punishable by the RPC
Malum Prohibitum
- Those that are
wrongful because the lawsays
so.
- Acts punishable
by the special laws; exception
Criminal Liability, How Incurred:
By any person committing a felony;
By any person committing it although
the result is not the one intended; and,
Through the commission ofimpossible
crime. (Articles 3 and 4, RPC)
The Wrongful Act Is Different from The
One Intended:
(1) Mistake in identity (error in
personae)
Offender committed an intentional
The victim is different from the one
intended due to mistake of identity.
(2) Mistake in the blow (aberratio ictus)
- It is characterized by aiming at one but
hitting another due to imprecision, e.g.
friendly fire.
(3) Lack of intent to commit so grave a
wrong (praeter intentionem)
The intended act is felonious;
The resulting act is likewise afelony;
The unintended albeit graver
wrong was primarily caused by the
actor’s wrongful acts.
Ex. A stuffed a "pandesal" in the mouth
of V to prevent her from makingan outcry.
The pandesal, however, slid into the
neckline, caused by the victim's own
movements while she was hogtied,
resulting to V's death by asphyxiation.
(People vs. Opero, G.R. No. L-48796,
June 11, 1981)
Impossible Crime, Requisites:
That the act performed would bean
offense against person or property;
That the act was done with evilintent;
and,
That its accomplishment was
inherently impossible, or the means
employed was either inadequate or
ineffectual.
Kinds of Impossibility:
Legal impossibility
- occurs where the
intended acts, even if
completed, would not amount
to a crime.
Ex: The impossibility of
killing a person already dead.
Factual impossibility
- occurs where
other circumstances
unknown to the actor or
beyond his/her control prevent
the consummation of the
intended crime.
Ex. A person shoots his gun
at an innocent victim and his
gun is not loaded.
LESSON
3:
STAGES OF EXECUTION &
CLASSIFICATION OFFELONY
3 Stages of Execution of a Felony;
a. Consummated
b. Frustrated
c. Attempted ( Article 6, RPC)
• A felony is consummated when all
theelements necessary for it's
execution and accomplishment are
present. (Id. 2nd par)
• It is frustrated when the offender
performs all the acts of execution
which would produce the felony as a
consequence but which, nevertheless,
do not produce it by reason of causes
independent of the will of the
perpetrator. (Ibid.)
• It is attempted when the offender
commences the commission of a
felony directly or by overt acts and
does not perform all the acts of
execution which should produce the
felony by reason of some cause or
accident other than their own
spontaneous desistance. (Id. 3rd par.)
ELEMENTS OF ATTEMPTED FELONY
a. The offender commences the commission
of a felony directly by overt acts.
b. They do not perform all the acts of
execution which should produce the felony
c. The offender's act be not stopped by their
own spontaneous desistance
d. The non-performance of all acts of
execution was due to cause or accident other
their own spontaneous desistance.
OVERT OR EXTERNAL ACT
➢ Some physical activity or deed,
indicating the intention to commit a
particular crime, more than a mere
preparation or planning.
➢ Reason for the requirement of
directovert act: The intent of the
accused to commit a crime which
consists merely of acts of preparation
remainsto be unclear.
• There is an attempted felony if the
offender is prevented from performing
all the acts of execution. Acrime is not
attempted unless the offender after
beginning the
commission of the crime by overt acts,
is prevented, against their will, by
some outside cause.
• So long as the offender fails to
complete all the acts of execution
despite commencing the
commissionof a felony, the crime is
in the attempted stage.
• If the person does not perform all the
acts of execution by reason of his/her
spontaneous desistance, he/she is not
guilty of attempted felony
• Reason: the law does not punish
him/her for voluntarily
abandoningthe commission of the
crime
ELEMENTS OF FRUSTRATED FELONY
a. The offender performs all the acts of
execution
b. All the acts performed would produce a
felony as a consequence
c. A felony is not produced
d. By reason of causes independent of the will
of the offender
• In frustrated felony, the crime is
already complete. It is not however
consummated because of the
intervention of causes independent
of the will of the offender. He did all
that was necessary to commit the
crime. If the crime did not result as a
consequence, it is because it was due
to something beyond his/her control.
• A consummated felony is one where
all the elements necessary for its
execution and accomplishment are
present
FORMAL CRIMES
➢ those crimes which are always
consummated. Ex. acts of
lasciviousness, threaths, coercion,
slander, alarms and scandal.
CLASSIFICATION OF FELONIES
1. GRAVE FELONIES - Those which
the lawattaches the Penalty of death,
*Reclusion perpetua (20 years and 1 day
to40 years)
*Reclusion temporal (12 years 1 day to
20years)
*Prison Mayor (6 years 1 day to 12 years)
(Article 9 in relation to article 25, RPC)
2. LESS GRAVE FELONIES - Those
which thelaw attaches a penalty which in
their maximum period are correccional;
* Prison Correccional (6 months 1 day to
6years)
*Arresto mayor ( 1 month 1 day to 6 months)
(Ibid.)
3. LIGHT FELONIES - Those which the
law punishes with a penalty of arresto
menor (1
day to 1 month) or a fine not exceeding Php
40,000.00 or both.
CLASSIFICATION OF FELONIES
According to amounts of fine
1. Afflictive Penalty - If the imposable fine
exceeds Php 1, 200, 000.00
2. Correctional Penalty - if the imposable
finedoes not exceed Php 1,200,00.00 but is
not less than Php 40,000.00
3. Light penalty - if the imposable fine is
lessthan Php 40,000.00
CONSPIRACY & PROPOSAL TO
COMMITCRIMES
• Conspiracy exist when 2 or more
persons come to an agreement
concerning the commission of
afelony and decide to commit it.
• There is proposal when the person
who has decided to commit a felony
proposes its execution to some other
person or persons.
• Both are punishable only when the
law specially provides a penalty
forthem (Article 8, RPC)
ELEMENTS OF CONSPIRACY
a. Agreement of the conspirators to
accomplish an illegal objective
b. Coupled with one or more over acts in
furtherance of the illegal purpose; and
c. Requisite intent necessary to commit the
underlying substantive offense
KINDS OF CONSPIRACY
1. Conspiracy as a Crime - mere agreement
issufficient to be punishable. Ex. conspiracy
to commit treason; conspiracy to commit
rebellion, insurrection, coup d'etat; conspiracy
to commit sedition
2. Conspiracy as a means to commit a
Crime -To be punishable, it is necessary that
overt acts must be performed by the
conspirators.
3. Express Conspiracy - This requires proof
ofan actual agreement among all the co-
conspirators to commit the crime
4. Implied Conspiracy - It exist when two or
more persons are shown to have aimed by
their acts towards the accomplishment of the
same unlawful object, each doing a part so
that their combined acts, though apparently
independent, were in fact connected and
cooperative, indicating closeness of personal
association and a concurrence of sentiment.
• Conspiracy is present when there is
unity in purpose and intention in the
commission of a crime. It does not
require a previous plan or
agreementto commit assault as it is
sufficient that at the time of such
aggression, allthe accused manifested
by their acts acommon intent or
desire to attack.
CONSPIRACIES & PROPOSALS
PUNISHABLEUNDER THE REVISED
PENAL CODE
a. Conspiracy to commit treason (Article 115)
b. Conspiracy to commit rebellion,
insurrection, coup d'etat (Article
136)
c. Conspiracy to commit sedition (Article 141)
d. Proposal to commit treason (Article 115)
e. Proposal to commit rebellion,
insurrection,or coup d'etat (Article 136)
LESSON 4:
PERSONS CRIMINALLY LIABLE &
MULTIPLEOFFENDERS
- The following are liable for grave and
lessgrave felonies
a. Principals b. Accomplices c. Accessories
- The following are liable for light felonies
a. Principals & b. Accomplices (Art. 16 RPC)
The following are considered Principals
a. Those who take a direct part in
theexecution of the act
b. Those who directly force or induce
othersto commit it
c. Those who cooperate in the commission of
the offense by another act without which it
would not have been accomplished. (Id. Art.
17)
PRINCIPALS BY DIRECT
PARTICIPATION
• They take part in the execution of a
criminal act who, participating in
thecriminal design, proceed to carry
out their plan and personally take part
inits execution by acts which
directly tends to the same end.
PRINCIPALS BY INDUCEMENT
• They are those who directly force or
induce another to commit a crime
• Inducement per se is not punishableif
it is merely a proposal
Ways of Inducement
- By forcing another to commit a crime
- By giving price, reward, or promise
- By using words of command
PRINCIPALS BY
INDESPENSABLE
COOPERATION
• Those who cooperate in the
commission of the offense by another
act without which it would not have
been accomplished
• To be a principal by indespensable
cooperation, conspiracy must exist.
There must be a direct participation in
the criminal design by another act
without which the crime could not
have been committed.
Ex. a. Providing the weapon or transportation
to be used in committing a crime; b. dragging
the victim to the place of execution; c. holding
the victim to prevent him from resisting or
drawing a weapon.
ACCOMPLICES
• Those persons who, not being
considered as principals cooperate in
the execution of the offense by
previous or simultaneous acts.
Requisites:
a. There must be a community of design
b. He/she cooperates in the execution of the
offense by previous or simultaneous acts
with the intention of supplying material or
moral aid in the execution of the crime.
c. There must be a relation betweeen the acts
done by the principal and those attributed to
the person charged as accomplice.
DISTINGUISHED FROM
PRINCIPALS BYINDESPENSABLE
COOPERATION
a. An accomplice is not part of conspiracy.
They merely cooperate with the principal
in the execution of the crime either by
previousor simultaneous act. Their liability
is not collective but separate from the
principals.
b. A person is considered as an accomplice • Are those who, having knowledge of
if his/her role in the perpetration of the crime the commission of the crime, and
isof a minor character without having participated therein,
either as principals or accomplices,
c. In case of doubt as to the participation of
take part subsequent to its
the offender, the criminal liability will be
commission in any of the following
considered as that of an acomplice rather
manners;
than that of the principal.
a. By profiting themselves or assisting the
offender to profit by the effects of the crime
Conspirators Accomplices b. By concealing or destroying the body of the
crime or the effects or instrument thereof, in
Knowledge of They They came to order to prevent its discovery.
criminal themselves know the plan
intent have decided of the c. By harboring, concealing or assisting in the
to commit the principals to escape of the principals of the crime, provided
crime commit a the accesory acts with abuse of his/her official
crime functions or whenever the author of the crime
afterwards; is guilty of treason, parricide, murder oran
attempt to take the life of the chief Executive,
and only then
or is known to be habitually guilty of some
did they agree
other crime. (Id. Article 19)
to cooperate
in its
execution
REQUISITES:
Who decides Conspirators They do not
a. Knowledge of the commission of the crime
the decide that a decide but
commission crime should merely assent b. Subsequent participation in it by any of the
of the crime be committed to the plan three mentioned modes.
and cooperate
in its
accomplishme FIRST MODE:
nt
a. By profiting themselves by the effects of
Participation They are the They are the crime.
authors of the merely the
b. By assisting the offender to profit by the
crime instruments effects of the crime
of the
principals and Note: Knowledge of the crime must be shown
perform acts but intent to gain is not required. Accessory
not essential must receive the property.
to the
participation
of the offense. ANTI-FENCING LAW (P.D. 1612)

• Fencing is the act of any person who,

ACCESSORIES with intent to gain for themselves or
for another, shall buy, receive,
possess, keep, acquire, conceal, sell
 or dispose of, buy and sell, or in
anymanner deal in any article,
item, object or anything of value
which he/she knows or should have
knownto have been derived from the
proceeds of the crime of robbery or
theft.
SECOND MODE:
• It is a law punishing any act of
harboring, concealing, or facilitating
the escape of any person he/she
knows or has reasonable ground
tobelieve or suspect, has
committed any offense under
existing penal
laws in order to prevent his/her arrest,
prosecution and conviction.

a. By concealing or destroying the body of the

crime or the effects of instruments thereof to Accessory Obstruction
prevent its discovery. under the of Justice
RPC
b. The concealment or the destruction of the
body of the crime or of the effects or Offender An accessory A principal in
instruments thereof must have been done to who is either the offense
prevent its discovery. a. public for violation
officer who of P.D 1829
c. Concealing or destroying the body of the
abuses public
crime includes all manner of interfering with,
or altering the original conditions of the crime functions or;
scene, or of anything which may be
b. A Private
considered as evidence prior to a completion
individual
of the evidence gathering by the law enforcers
Crimes Any crime if Any crime
committed the accessory under the RPC
THIRD MODE: is a public or special
officer who penal laws
a. By harboring, concealing or assisting in the
abuses
escape of the principal of the crime
his/her
2 Classes of Accessories functions. If a
private
a. Public officers who harbor, conceal or
individual,
assist in the escape of the principal of any
crimes are
crime through abuse of their public
functionsor limited to
treason,
b. Private persons who harbor, conceal or parricide,
assist in the escape of the author of treason, murder or
parricide, murder, or attempt to take the life attempt to
of the Chief executive or known to be take the life
habitually delinquent.
of chief
executive or
is habitually
OBSTRUCTION OF JUSTICE (P.D. 1829) guilty of some
other crime

Conviction Is necessary Not necessary

Nature Malum In se Malum

Prohibitum

Accessories who are exempt from
criminalLiability:
a. Spouses
b. Ascendants
c. Descendants
d. Siblings whether legitimate or illegitimate
or adopted or relatives by affinity w/in the
same degree
- The exemptions do not apply for those
accessories who profit by the effects of the
crime or those assisting the offender to profit
by the effects of the crime (Id. Art. 20)
MULTIPLE OFFENDERS
CLASSIFICATION OF MULTIPLE
OFFENDERS
a. Recidivist
b. Habitual Offender
c. Habitual Delinquent
d. Quasi-Recidivist
REQUISITES OF RECIDIVISM
a. The offender is on trial of a crime
b. He/she was previously convicted by
finaljudgment of another crime
c. Both the first and second crimes are
embraced in the same title of the RPC
d. The offender is convicted of the first time
REQUISITES OF HABITUALITY
a. The accused is on trial for a crime
b. He/she previously served sentence for a
crime to which the law attaches an equal or
greater penalty, or for two or more crimes to
which it attaches a lighter penalty than that
for the new offense; and
c. He/she is convicted with a new crime
REQUISITES OF QUASI-RECIDIVISM
a. The offender is convicted by final judgment
of a felony or an offense; and
b. He/she commits another felony before
beginning or while serving his/her sentence.
REQUISITES OF HABITUAL DELINQUENCY
a. There must be at least three convictions,
the third conviction to take place within 10
years from his/her conviction or release
b. The crimes committed are: robbery, theft,
estafa, falsification, serious or less serious
physical injuries and;
c. Each conviction must take place within 10
years from the last conviction or release.
LESSON 5
PLURALITY OF CRIMES
(Compound crime, Complex compound
crimeand Special complex crime)
• When a single act constitutes two
ormore grave or less grave felonies,
orwhen an offense is a necessary
means for committing the other,
thepenalty for the most serious
crimes shall be imposed, the same to
be imposed in its maximum period.
(Article 48, RPC)
COMPOUND CRIME
• When a single act constitutes two or
more grave or less grave felonies
COMPLEX CRIME PROPER
• When an offense is a necessary
means of committing another offense.
I COMPOUND CRIME
- So long as the acts complained of resulted
from a single criminal impulse, it is usually
held to constitute a single offense to be
punished with the penalty corresponding to
the most serious crime, imposed in its
maximum period.
- The legislature crafted this procedural tool
to benefit the accused who, in lieu of serving
multiple penalties, will only serve the
maximum of the penalty for the most serious
crime.
• The underlying philosophy of
complexcrimes in the Revised penal
code, which follows the pro reo
principle, is intended to favor the
accused by imposing a single
penalty irrespective of the crimes
committed.
• The rationale being, that the accused
who commits two crimes with single
criminal impulse demonstrates lesser
perversity than when the crimes are
committed by different acts and
several criminal resolutions.
• In a complex crime, although two 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. Hence,
there is only one penalty imposed for
the commission of a complex crime.
Practical Exercises
a. The act of the accused of detonating a hand
grenade, killing and injuring several persons.
b. Several accused opened fire and rained
bullets on the vehicle boarded by the
offended party and his companions.
c. The act of pressing the trigger of an
automatic rifle.
II COMPLEX CRIME PROPER REQUISITES:
a. At least two offenses are committed
b. One or more of the offenses must be
necessary to commit the other and;
c. Both or all the offenses must be punished
under the same statute
• Athough a complex crime
quantitatively consists of two or
more crimes, it is only one crime in
law on which a single penalty is
imposed and the two or more crimes
constituting the same are more
conveniently termed as component
crimes.
• In complex crime proper, the
offender has only one criminal intent.
Even in the case where an offense is a
necessary means for committing the
other, the evil intent of the offender is
only one.
Ex. a. Estafa through falsification of a
publicdocument. b. forcible abduction with
rape.
III SPECIAL COMPLEX CRIME OR
COMPOSITECRIME
- Where the law provides a single penalty for
two or more component offenses, the
resulting crime is called a special complex
crime.
- It is composed of two or more crimes but
istreated by law as a single indivisible or
unique offense for being the product of one
criminal impulse
- It has its own definition and special penalty
under the revised penal code.
• It is not of the same legal basis nor
subject to the rules on complex
crimein article 48 of the RPC since it
does
 not consist of a single act giving rise
to two or more grave or less grave
felonies (compound crimes) nor do
they involve an offense which is a
necessary means to commit another
(complex crime proper)
Special Complex Crimes Under The RPC
1. Robbery with Homicide
Elements:
a. The taking of personal property belonging
to another
b. With intent to gain
c. With the use of violence or intimidation
against person and;
d. On the occassion or by reason of the
robbery, the crime of homicide, as used in its
generic sense, was committed.
2. Robbery with Rape
Elements:
a. The taking of personal property is
committed with violence or intimidation
against persons
b. The property taken belongs to another
c. The taking is characterized by intent to gain
or animus lucrandi and;
d. The robbery is accompanied by rape
3. Rape with Homicide
Elements:
a. The accused had carnal knowledge of a
woman
b. Carnal knowledge of a woman was
achieved by means of force or threat or
intimidation
c. By reason or on occassion of such carnal
knowledge by means of force, threat or
intimidation, the accused killed the woman.
4. Kidnapping with Murder or
Homicide/Serious Physical
injuries
Elements:
a. The offender is a private individual
b. He/she kidnaps or detains another
c. The act of detention or kidnapping must be
illegal and;
d. On the occassion thereof, the victim dies or
is killed or is subjected to torture or
dehumanizing acts.
5. Kidnapping with Rape
Elements:
a. The offender is a private individual
b. He/she kidnaps or detains another
c. The act of detention or kidnapping must be
illegal and;
d. On the occassion thereof, the victim was
raped.
LESSON 6
JUSTIFYING CIRCUMSTANCES
(Article 11 of the Revised Penal Code)
• Under justifying circumstances, the
acts of the actor are in accordance
with the law and hence, he/she does
not incur any criminal or civil liability.
Since the act is in accordance with law,
there is no criminal or civil liability
because the crime is not present.
• An accused who pleads guilty under
justifying circumstance admits to the
commission of the crime. However,
he/she asserts he/she is justified in
committing the acts.

JUSTIFYING CIRCUMSTANCES:
1. Self-defense
2. Defense of Relative
3. Defense of Stranger
4. State of Necessity
5. Fulfillment of Duty and;
6. Obedience to superior order
SELF-DEFENSE
- It is based on the impulse of self
preservation born to man and part of his/her
nature as a human being
Elements:
a. Unlawful aggression
b. Reasonable necessity of the means
employed to prevent or repel the unlawful
aggression and;
c. Lack of sufficient provocation on the part of
the accused claiming self-defense
Unlawful Aggression
• An actual physical assault or a threat
to inflict real imminent injury upon a
person.
• It is the primordial element of the
justifying circumstance of self-defense.
Without unlawful aggression, there can
be no justified killing in defense of
oneself.
Two Kinds of Unlawful Aggression
1. Actual or Material Unlawful Aggression
- An attack with physical force or with a
weapon, an offensive act that positively
determines the intent of the aggressor to
cause the injury.
2. Imminent Unlawful Aggression
- An attack that is impending or at the point
of happening. It must not consist in a mere
threatening attitude, nor must it be merely
imaginary, but must be offensive and
positively strong.
*Reasonable Necessity of the Means
employed to prevent unlawful aggression
- The means employed by the person invoking
self-defense is reasonable if it is equivalent to
the means of attack used by the original
aggressor.
- Whether or not the means of self-defense is
reasonable depends upon the nature or quality
of the weapon, physical condition, character,
size and other circumstances of theaggressor,
as well as those of the person who invokes
self-defense, and also the place and the
occassion of the assault.
*Lack of sufficient Provocation on the part
ofthe person claiming self-defense
- It requires the person claiming self-defense
to be reasonably blameless
- He/she must not have antagonized or incited
the attacker into launching an assault.
- For it to be successful claimed;
a. there must be no provocation at all given to
the aggressor
b. even if the provocation was given, it was
not sufficient
c. even if the provocation was sufficient, it
was not given by the person defending
himself/herself or
d. even if a provocation was given by the
person defending himself/herself, it was not
proximate and immediate to the act of
aggression
DEFENSE OF RELATIVES
- The relatives referred to are the;
a. spouse
b. ascendants
c. descendants
d. legitimate or illegitimate brothers or sisters
e. relatives by affinity of the same degree and
by consanguinity within the 4th civil degree.
Elements:
a. Unlawful aggression
b. Reasonable necessity of the means
employed to prevent or repel unlawful
aggression and;
c. In case the provocation was given by the
person attacked, the person making the
defense had no part in the provocation
DEFENSE OF STRANGER
Elements:
a. Unlawful aggression
b. Reasonable necessity of the means
employed to repel or prevent unlawful
aggression and;
c. The person defending be not induced by
revenge resentment or other evil motives.
STATE OF NECESSITY OR
AVOIDANCE ORGREATER EVIL OR
INJURY
- It exist when there is a clash between
unequal rights, the lesser right giving way
tothe greater right.
- The evil must actually exist
-The infliction of damage or injury to another
so that a greater evil or injury may not be fall
one's self must be justified only if it is taken as
a last resort and with the least possible damage
to another.
Elements:
a. The evil sought to be avoided actually exist
b. The injury feared be greater than that done
to avoid it and;
c. there must be no other practical and less
harmful means of preventing it.
FULFILLMENT OF DUTY
- A person incurs no criminal liability
when he/she acts in the fulfillment of a
duty or inthe lawful exercise of a right or
office
Elements:
a. The accused acted in the performance of a
duty or in the lawful exercise of a right or
office
b. The injury caused or the offense committed
is the necessary consequence of the due
performance of duty or the lawful exercise of
such right or office.
• A police officer, in the performance of
his/her duty, must stand his/her
ground and cannot, like a private
individual, take refuge in flight.
His/her duty requires him/her to
overcome his/her opponent.
• This force which he/she may exert
therefore differs somewhat from that
which may ordinarily be offered in
self-defense.
• The right to kill an offender is not
absolute, and may be used only as a
last resort, and under circumstances
indicating that the offender cannot
otherwise be taken without
bloodshed.
• The law does not clothe police
officers with authority to arbitrarily
judge the necessity to kill.
 • They must always bear in mind that,
although they are dealing with
criminal elements against whom
society must be protected, these
criminals are also human beings with
human rights.
• Such duty would be a myth if a
lawabiding taxpayer could be slain
in his/her own home with impunity.
OBEDIENCE TO A LAWFUL ORDER
Elements:
a. An order has been issued by a superior
b. The order is for a legal purpose
c. The means to be used to carry out said
order is lawful
• It may be true that police officers
sometimes find themselves in a
dilemma when pressured by a
situation where an immediate and
decisive, but legal action is needed.
However, the judgment and
discretion of police officers in the
performance of their duties must be
exercised not capriciously but within
reasonable limits.
• The acts of trigger - happy police
officers who indiscriminately
employforce and violence upon the
personsthey are apprehending cannot
be countenanced.
• Under this circmustance, it is required
that both the order means to be used
must be both lawful. However, even if
the order is illegal but on its face it is
purportedly illegal and the subordinate
was not aware of its illegality, the
accused is not liable.
LESSON 7
EXEMPTING CIRCUMSTANCES
(Article 12 of the Revised Penal Code)
Reason behind the enactment:
- The complete absence of intelligence,
freedom of action, or intent on the part of
the accused.
In Exempting Circumstances:
- The circumstances affect the actor, not
theact
- The act is felonious and hence then a crime
but the actor acted without voluntariness
-Although there is a crime, there is no
criminal liability because the actor is
regarded only as an instrument of the crime.
-There is a wrong done but no criminal
*REASONS WHY EXEMPTING
CIRCUMSTANCES NEGATE
CRIMINALLIABILITY
• For one who acts by virtue of any of
exempting circumstances, although
he/she commits a crime, by the
complete absence of any of the
conditions which constitute free will
or voluntariness of the act, no
criminal liability arises. Therefore,
while there is a crime committed, no
criminal liability attaches.
KINDS OF EXEMPTING CIRCUMSTANCES
1. Insanity or Imbecility
2. Minority
3. Accident
4. Compulsion of irresistible fear
5. Impulse or uncontrollable fear and;
6. Insuperable or lawful cause
INSANITY
• A manifestation in language or
conduct of disease or defect of the
brain, or a more or less permanently
diseased or disorder condition of the
mentality. In the eyes of the law,
insanity exist when there is a
complete deprivation of
intelligencein committing the act,
that is, the accused is deprived of
reason.
IMBECILITY
• A form of mental disease consisting in
mental deficiency either congenital or
resulting from an obstacle to the
development of the faculties during
the infancy.
• An imbecile is a mentally defective
person of the second lowest order of
intellectual potential (mental age
between 3 & 7 years). An imbecile
isone, while advanced in his/her age,
having a mental development
comparable to that of children
between three and seven years of
age.
Requisites of Insanity to be Exempting;
a. He/she was completely deprived of
intelligence and;
b. Such complete deprivation of intelligence
must be manifest at the time or immediately
before the commission of the offense.
MINORITY
• To be exempt from criminal liability,
aperson must be aged below 15 years
of age or;
• Between 15 or 18 and he/she did not
act with discernment when he/she
committed the crime (RA 9344 The
juvenile and welfare act of 2006)
Rationale
- Minors who are presumed by law to be
incapable of giving proper consent due to
their incapability to fully understand the
import and consequences of their actions.
- The state, as parens patriae, is under the
obligation to minimize the risk of harm to
those who, because of their minority, are as
yet unable to take care of themselves fully.
Those of tender years deserves its protection.
ACCIDENT
Requisites:
a. The accused is performing a lawful act with
due care
b. That act causes injury to another by mere
accident and;
c. without fault or intention of causing it.
• The exemption from criminal
liabilityunder the circumstances
showing accident is based on the
lack of criminal intent.
• Exemption from criminal liability
proceeds from a finding that the harm
to the victim was not due to the fault
or negligence of the accused, but to
circumstances that could not have
been foreseen or controlled
COMPULSION OF IRRESISTABLE FORCE
Requisites:
a. The compulsion is by means of
physicalforce
b. The physical force must be irresistable
c. The physical force comes from third person
• For such defense to prosper, the
duress, force, fear or intimidation
 must be present, imminent and
impending, and of such nature as to
induce a well-grounded apprehension
of death or serious bodily harm if the
act is done.
• A threat of future injury is not enough.
Duress as a valid defense should not be
speculative or remote. It should be
based on real, imminent or
reasonable fear for one's life or limb
and should not be speculative,
fanciful or remote fear.
IMPULSE OF UNCONTROLLABLE FEAR
Requisites:
a. The existence of an uncontrollable fear
b. The fear must be real and imminent and;
c. The fear of an injury is greater than or at
least equal to, that committed.
• Duress, force, fear or intimidation to
be available as a defense, must be
present, imminent and impending,
and of such nature as to induce a
well-grounded apprehension of death
or serious bodily harm if the act is not
done.
• There are two actors here, the person
making the force or threat (Called the
principal of inducement) and the
person being threatened or forced
( Principal by direct participation).
Theperson using force or causing
fear is the one liable. The actual
perpetratoris criminally exempt under
article 12.
"Actus me invito factus non est meus actus"
This means that "An act done by me against
my will is not my act"
• The force contemplated must be so
formidable as to reduce the actor to a
mere instrument who acts not only
without will but against his/her will.
• The duress, force, fear or intimidation
must be present, imminent and
impending and of such nature as to
induce a well-grounded apprehension
of death or serious bodily if the act is
not done.
• The compulsion must be of such a
character as to leave no opportunity
for the accused for the escape or self-
defense in equal combat.
LAWFUL OR INSUPERABLE CAUSE
Requisites:
a. There is an act that is required by law to be
done.
b. The person fails to perform such act and;
c. The failure is due to some lawful or
insuperable cause.
Concepts;
- The exempting circumstance implies
knowledge of the precept of the law to be
complied with but is prevented by some
lawful or insuperable cause; that is by some
motive which has lawfully, morally, or
physically prevented one to do what the law
commands.
Example of Insuperable Cause;
- Failure of the fiscal to file a charge in court
when the accused was apprehended while
committing the crime because it was a non-
working day (weekend or holiday)
LESSON 8
MITIGATING CIRCUMSTANCES
(Article 13, Revised penal code)
• Mitigating circumstances are those
circumstances which, if present in the
commission of the crime, do not
 entirely free the actor from criminal
liability, but serve only to reduce the
penalty.
In mitigating circumstances the
followingmust be considered;
a. The offender commits a crime
b. There is a criminal liability
c. The effect is to reduce the penalty and;
d. it does not change the nature of the crime.
Basis; There is diminution of either freedom
of action, intelligence or intent or because of
the lesser perversity of the offender.
TYPES OF MITIGATING
CIRCUMSTANCES
1. Incomplete self-defense
2. Minority (Above 15 less than 18 who acted
with discernment)
3. Praeter intentionem
4. Sufficient provocation
5. Immediate vindication of a grave offense
6. Passion and obfuscation
7. Voluntary surrender
8. The offender is deaf and dumb or blind
9. Illness that diminishes the exercise of
will-power
10. Analogous and similar circumstances
INCOMPLETE DEFENSE
• For it to be appreciated, the majority
of requirements of self-defense
especially unlawful aggression, must
be present. Absent unlawful
aggression, there can never be self-
defense, complete or incomplete. If
there is nothing to prevent or repel,
the other two requisites of defense
will have no basis.
MINORITY
• For it to be appreciated as a
mitigating circumstance, the child
must be above 15 but less than 18
who acted with discernment.
• Discernment is the mental capacity of
a minor to fully appreciate the
consequences of his/her unlawful act.
Rationale
- Because of his/her age, the accused is
presumed to have acted with less
discernment.
PRAETER INTENTIONEM
• This means that the offender had no
intention to commit so grave a wrong
as he/she originally intended
SUFFICIENT PROVOCATION
• It refers to any unjust or improper
conduct or act of the victim adequate
enough to excite a person to commit a
wrong, which is accordingly
proportionate in gravity.
IMMEDIATE VINDICATION OF A
GRAVEOFFENSE
• The act should be committed in the
immediate vindication of a grave
offense to the one committing a
felony, his/her spouse, ascendants,
descendants, legitimate, illegitimate
of adopted siblings or relatives by
affinity in the same degree
PASSION & OBFUSCATION
 • It is present when the crime is
committed due to an uncontrollable
burst of a passion provoked by prior
unjust or improper acts or due to a
legitimate stimulus so powerful as to
overcome reason. It must originate
AFFINITY - means in laws
Example: Mother in law, Father in law,
Brother in law etc.
from legitimate feelings
Ex. When one saw a spouse or loved one in
the arms of another person whom the latter
had an illicit relations.
VOLUNTARY SURRENDER/
VOLUNTARY PLEA
• Basis; Lesser perversity of
theoffender
Requisites of Voluntary surrender;
1. The accused has not been actually arrested
2. The accused surrenders to a person in
authority
3. The surrender is voluntary
4. There is no pending warrant of arrest or
information filed.
Requisites for Voluntary Plea;
1. The offender spontaneously confessed
his/her guilt
2. The confession of guilt was made in open
court
3. The confession was made prior to the
presentation of evidence for the prosecution
THE OFFENDER IS DEAF & DUMB OR
BLIND
• It must affect the means of action,
defense, or communication of the
offender with his/her fellow being
• This assumes that with their physical
defect, they do not have a complete
freedom of action therefore
diminishing the element of
voluntariness in the commission of
the crime.
ILLNESS THAT DIMINISHES THE
EXERCISE OFWILL-POWER
• Such illness should not deprive the
offender of the consciousness of
his/her act. Otherwise it may fall
under exempting circumstance.
Ex. Schizoprenia
OTHER ANALOGOUS OR
SIMILARCIRCUMSTANCES
Examples;
a. Jealousy similar to passion and obfuscation
b. Voluntary restitution of property similar to
voluntary surrender and;
c. Extreme poverty and necessity.
LESSON 9
AGGRAVATING CIRCUMSTANCES
(Article 14, Revised Penal Code)
• Refers to those which serve to
increase the penalty without
exceeding the maximum provided by
law because of the greater
perversityof the offender.
• Such greater perversity is shown by
the actor's motivation to commit the
crime, the time and place of the
commission, the means employed, or
 the personal circumstances of the
offender.
TYPES OF AGGRAVATING
CIRCUMSTANCES
1. Taking advantage of Public
PositionElements:
a. The offender is a public officer
b. He/She used the influence, prestige and
ascendancy of his/her office in the
commission of the crime.
2. Contempt of or Insult to Pubic
AuthoritiesElements:
a. The Public Authority is engaged in
theexercise of his/her functions
b. The said person is not the person against
whom the crime is committed
c. The offender committed a crime despite
the presence of a public authority showing
his/her lack of respect for public authorities.
3. Disregard of Rank, Age, sex, and
theDwelling of the offended Party
Requisites:
a. Act of deliberate intention to disregard or
insult age, sex or rank and
b. Proof of fact of such disregard and
deliberate intent.
Rank - Refers to a high position or
socialstanding
Age - To be aggravating, must refer to the
tender age or old age of the offended party
Sex - Applies to the female sex only. To
beaggravating, it must be shown that the
accused deliberately intended to offend or
insult the sex of the victim, or showed
manifest disrespect for her womanhood.
Dwelling - Is aggravating circumstance
because of the sanctity of privacy which law
accords to human abode. This aggravating
circumstance need not be deliberately and
purposely intended by the accused. It
aggravates the felony when the crime was
committed in the residence of the offended
party and the latter did not give any
provocation.
4. Abuse Of Confidence and
obviousUngratefulness
Requisites:
a. The offended party trusted the offender
b. The offender abused such trust
c. The abuse of confidence facilitated the
commission of the crime
5. Place of the Chief Executive, Public
authorities are engaged in the discharged
oftheir duties, or in a place dedicated to
religious worship
6. Nighttime, Uninhabited place or Band
- Night time is that period of darkness
beginning at the end of the dusk and ending
at the dawn. The law defines nights as being
from sunset to sunrise.
- Uninhabited Place is one where there are no
houses at all or where the houses are scattered
at a great distance from each other.
- Band means there are more than three
malefactors who have acted together to
commit the crime.
7. On Occasion of Calamity or
MisfortuneRequisites:
a. The offender must take advantage of the
calamity or misfortune
b. The crime was committed during the
conflagration, shipwreck, earthquake,
epidemic, pandemic, or other calamity or
misfortune.
8. Aid of Armed
MenRequisites:
a. The armed men or persons took part in the
commission of the crime, directly or indirectly
b. The accused availed himself/herself of their
aid or relied upon them when the crime was
committed.
9. Price, Reward or
PromiseRequisites:
a. There must be 2 or more offenders, the one
who gives or offers the price, and the other
who accepts it.
b. The price, reward or promise is given for
the purpose of inducing another to do the
crime.
10. By means of inundation, fire, poison,
explosion, Stranding of vessel or
IntentionalDamage thereto, Derailment of
locomotive or by the use of any article
involving Great watse and Ruin.
11. Evident
PremeditationRequisites:
a. The time when the offender determined to
commit the crime
b. An act manifestly indicating that the culprit
has clung to his/her determination and
c. A sufficient lapse of time between the
determination and execution to allow him/her
to reflect on the consequences of his/her act.
12. Craft, Fraud or Disguise
- A specie of aggravating circumstances that
denotes intellectual trickery or cunning
resorted to by an accused to aid in the
execution of his/her criminal design or to lure
the victim into a trap and to conceal the
identity of the accused.
13. Abuse of superior strength or means
toweaken the defense
14. Treachery
- The employment of means, method or
manner of execution which will ensure the
safety of the malefactor from the defensive or
retaliating acts on the part of the victim, no
opportunity being given to the latter to defend
himself/herself
15. Ignominy
- It refers to a circumstance pertaining to the
moral order which adds disgrace and obloquy
to the material injury caused by the crime
- There is ignominy where the acts tend to
make the effects of the crime more
humiliating or shameful to the victim
16. Unlawful Entry
- There is unlawful entry when the entrance is
effected by a way not intended for that
purpose
17. By means of motor vehicle
18. Cruelty
Requisites:
a. The injury caused be deliberately increased
by causing other wrong
b. The wrong must be unnecessary
c. There must be deliberate prolonging of the
physical suffering
LESSON 10
ALTERNATIVE CIRCUMSTANCES
(Article 15, Revised Penal Code)
CONCEPT OF ALTERNATIVE
CIRCUMSTANCES
➢ Those which must be taken into
consideration as aggravating or
mitigating circumstances according
tothe nature and effects of the crime
and other conditions attending it's
commission (Art. 15 [1st par.] RPC)
TYPES OF ALTERNATIVE
CIRCUMSTANCES
1. RELATIONSHIP - it is taken into
consideration when the offended party is the;
a. Spouse
b. ascendant
c. descendant
d. legitimate, illegitimate or adopted sibling
e. relatives by affinity in the same degree
When is Relationship MITIGATING?
o Mitigating in crimes against property
o Mitigating in crimes of less serious
physical injuries and if the offended
party is a relative of a lower degree
than the offender.
When is Relationship AGGRAVATING?
o In crimes against persons if the
offended party is a relative of a higher
degree, or when the offender and the
offended party are relatives of the
same level
o In crimes against Chastity due to the
nature of crime
o In Homicide and murder, when
the offended party is a relative of
lowerdegree
When is Relationship EXEMPTING?
o In the crimes of theft, estafa, and
malicious mischief
o Accesories who conceal or destroy
the body of the crime or effects or
instruments thereof or harbour,
conceal, or assist in the escape of the
principal of the crime
o Physical injuries committed by one
spouse/parent who caught his
wife/daughter in the act of
committing sexual intercourse with
other person.
2. INTOXICATION - It is meant that
the offender's mental faculties is affected
by
CHASTITY
or sometimes referred to as
"Kasarapan"
drunkenness.
- Mere drinking of liquor prior to the
commission of the crime does not necessarily
produce a state of intoxication.
When is Intoxication MITIGATING?
o It must be shown that at the time of
the commission of the crime, the
accused has taken such quantity of
alcoholic drinks as to blur his/her
reason and deprive him/her of certain
degree of control.
When is Intoxication AGGRAVATING?
o When intoxication is habitual or
intentional, that is there must be
excessive and habitual use or for
specific purpose to commit the crime
by getting drunk.
3. DEGREE OF INSTRUCTION OR
EDUCATION
- It is Mitigating in all crimes except murder,
robbery and rape
- It is Aggravating when the offender is
exceptionally intelligent and mentally alert
that he/she easily realizes the significance of
his/her act provided the accused took
advantage of that intelligence.
LESSON 11
PROBATION
LAW(PD 968)
CONCEPT:
• It is a disposition under which a
defendant after conviction or
 sentence is released, subject to the
conditions imposed by the court, and
to the supervision of a probation
officer.
• It is not a right of an accused but a
mere privilege an act of grace and
clemency and immunity conferred by
the state, which is granted to a
deserving defendant.
• The primary consideration in
granting probation is the
reformationof the offender.
PURPOSES:
a. To promote the correction and
rehabilitation of the offender
b. To provide an opportunity for the
reformation of an offender which might be
less probable if he/she were to serve a prison
sentence.
c. To prevent the commission of an offense
APPLICATION:
- The law is applicable to the accused who is
sentenced to suffer an imprisonment of less
than six (6) years.
EXCEPTIONS:
a. Those who have been sentenced to serve a
maximum term of imprisonment of more
than six (6) years
b. Those who have been convicted of any
crime against national security
c. Those who have previously been convicted
by final judgment of an offense punished by
imprisonment of more than 6 years
d. Those who have been once on probation
WHEN TO FILE?
-Within a period to file appeal from
promulgation of judgment, which is 15 days
- No application for probation shall be
entertained or granted if the defendant has
prefered the appeal from conviction
EFFECT OF FILING THE
APPLICATION FORPROBATION
- The filing of the application shall be deemed
a waiver of the right to appeal
- The trial court that convicted the accused
shall suspend the execution of sentence
imposed in the judgment
PERIOD OF PROBATION
- The period of probation of a defendant
sentenced to suffer imprisonment for not
more than 1 year shall not exceed 2 years;
while in all other cases, the period shall not
exceed 6 years.
EFFECTS AFTER THE ACCUSED
SERVED THEPROBATION
- The court may order the final dicharged of
the offender upon finding that he/she has
fulfilled the terms and conditions of his/her
probation.
- The final discharge shall operate to restore
to him/her all civil rights that are lost or
suspended as a result of his/her conviction
and to totally extinguished his/her criminal
liability.
COMMUNITY SERVICE ACT (RA No. 11362)
• The Law gives the court discretion
toorder community service in lieu
of imprisonment for those found
guiltyof offenses punished by not
more than 6 years of imprisonment.
• The benefits under the law may only
be availed of once.
LESSON 12
EXTINCTION OF CRIMINAL LIABILITY
(Articles 89-92, Revised Penal Code)
Criminal Liability is EXTINGUISHED:
a. By death of the Convict
b. By service of sentence
c. By amnesty
d. By absolute pardon
e. By prescription of crime
f. By prescription of Penalty
g. By the marriage of the offended woman as
provided in article 344, RPC
a. It frees the convict from all the penalties
and legal disabilities, and restores him/her to
all his/her civil rights
b. Pardon does not automatically restore
convict to public office which was forfeited
byreason of the conviction.

AMNESTY DISTINCTIONS BETWEEN

AMNESTY ANDPARDON
• An act of sovereign power granting
oblivion or a general pardon of a AMNESTY PARDON
pastoffense, and is usually exerted on
Granted through a Granted by the
behalf of certain classes of persons,
Proclamation by the President
who are subject to trial but have not
President with the
yet been convicted.
concurrence of
• It denotes a general pardon to rebels
congress
for their treason or other political
offenses.
Public Act Private Act
• It looks backward, and abolished
theoffense itself. Granted before or Granted after
• Amnesty presupposes the commission after the filing of the conviction
of a crime, and when an accused criminal complaint
maintains that he/she has not and sometimes after
committed a crime, he/she cannot conviction
have any use for amnesty.
• It can be granted by the President Looks backward and Looks forward
only with the concurrence of the abolishes itself and
congress. The concurrence must be puts into oblivion the
given by a majority of all the offense itself.
members of the congress.

PARDON
PRESCRIPTION OF CRIME
- An act of grace, proceeding from the power
entrusted with the President of the • The forfeiture or loss of the right of
Philippines the state to prosecute the offender
after the lapse of a certain time
KINDS:
fixedby the law
a. Absolute Pardon - One extended without
any strings attached or conditions PENALTY OF CRIME PRESCRIPTIVE
PERIOD
b. Conditional Pardon - One under which
theconvict is required to comply with certain 12 years and higher 20 years
requirements. It necessitates acceptance
because it has no force until accepted by the 6-12 years 15 years
the convict.
6 months and 1 day 10 years
EFFECTS OF ABSOLUTE PARDON to 6 years

1 month and 1 day to 5 years

6 months • The Law establishes a comprehensive
system to manage children in conflict
Libel and similar 1 year with the law (CICL) and children at
offenses riskwith child appropriate procedures
andcomprehensive programs and
Oral defamation 6 Months servicessuch as prevention, diversion,
(Grave) rehabilitation, reintegration, and after
care programs geared towards their
Oral defamation 2 months
development.
(Simple)
OBJECTIVE OF THE LAW
Light offenses 2 Months
• It's intent is to promote and protect the
rights of a child in conflict with the
PRESCRIPTION OF OFFENSES UNDER law or child at risk by providing a
SPECIALLAWS system that would ensure that
children are dealt with in a manner
(Act No. 3326, as amended by Act 3763)
appropriate to their well-being
through a variety of disposition
measures such as care, guidance
PERIOD OF IMPRISONMENT PRESCRIPTIVE and supervision orders, counselling,
PERIOD probation, foster care, education
andvocational training programs
Fine or imprisonment of not 1 year and other alternatives to
more than 1 month or both institutional care.

Imprisonment of more than 4 years MINIMUM AGE OF

one month but less than 2 CRIMINAL
years RESPONSIBILITY

o A child 15 years old or under at the

Imprisonment of 2 years but
less than 6 years
Imprisonment of 6 years or
more
Internal Revenue offenses
Municipal Ordinances
8 years
time of the commission of the offense
shall be exempt from criminal liability.
However, the child shall be subjected
12 years
to an intervention program
o A child 15 years but below 18 shall
5 years also be exempted from criminal
liability and be subjected to an
2 Months intervention program. However, if
he/she has acted with discernment,
he/she shall be subjected to
diversion program.

SUSPENSION OF SENTENCE
LESSON 13
• A CICL under 18 years old at the time
JUVENILE JUSTICE AND
of the commission of the crime and
WELFARE ACT OF2006
found guilty shall be under suspended
( RA 9344, Enacted on April 28, 2006) sentence even if the child is already
18 or more at the time of conviction.
• If the CICL reached 18 while under
suspended sentence, the court shall
 either discharge the child, order
execution of sentence, or extend the
suspended sentence until he/she
reaches the maximum age of 21.
• Suspension of sentence still applies
even if the CICL is more than 18 at
thetime of conviction.
CHILD - Refers to a person under the age of
18years
CHILD IN CONFLICT WITH THE LAW -
Refers to
a child who is alleged as, accused of, or
adjudged as having committed an offense
under the Philippine Laws.
HOW TO DETERMINE THE AGE OF
THE CHILD
a. Child's Birth Certificate
b. Child's baptismal certificate
c. Other pertinent documents such as school
records, dental records, travel papers etc.
d. Through interview of the child and persons
who may have knowlegde of the age of the
child
e. Physical appearance of the child
f. Other relevant evidence of age.
DIVERSION PROGRAM
o It refers to the program like
mediation, family conferencing and
conciliation that the CICL and
his/herfamily is required to undergo
if the CICL is 15 to 17 years old and
he/sheacted with discernment.
INTERVENTION PROGRAM
o Refers to a series of activities which
are designed to address issues that
caused the child to commit an offense.
It may take the form of an
individualized treatment program
which may include counselling, skills
training, education and other
activities that will enhance his/her
psychological, emotional and psycho-
social well being
o CICL who is less than 15 or below, or
who is 15 to 17 years old who did
notact with discernment shall
undergo intervention program.
LESSON 14
PARTIAL EXTINCTION OF CRIMINAL
LIABILITY
- Criminal Liability can be
extinguishedPartially as Follows -
1. Commutation of Sentence
• A change of the decision of the court
made by the Chief executive by
reducing the degree of penalty
imposed (Imprisonment or Fine)
• Considered as a Partial Pardon
• The purpose is to rehabilitate the
criminal offender
2. Good Conduct Time Allowance
• It reduces the actual time of the
detention of the prisoner for having
observed prison rules and regulations;
or whenever a person exemplifies
good behavior or spends time for
studying, teaching or mentoring other
prisoners
Coverage:
a. Any offender under preventive
imprisonment; and
b. Any convicted prisoner
DISQUALIFIED TO AVAIL GCTA
1. Recidivists
2. Habitual delinquents
3. Escapees
4. Persons charged with heinous crimes
COMPUTATION OF DEDUCTION
A. First 2 years of imprisonment, 20 days
foreach month
B. 3rd to 5th year, 23 days off institution or suspension of his/her
sentence after he/she serves the
C. Following year up to 10th year, 25 days minimum term of prison sentence
off
• It's grant does not extinguish the
D. 11th and successive years, 30 days off criminal liability of the offender

E. Additional 15 days off for each month
ofstudy, teaching or mentoring services
rendered (Art. 97 RPC)
WHO GRANTS THE GCTA?
(a.) Director of the Bureau of Corrections
(b.) Chief of the Bureau of jail management
and penology or
(c.) Warden of the provincial, district,
municipal or city jail
EFFECTS OF GRANT OF GCTA
• Once it is granted, it can no longer be
revoked and;
• Appeal from conviction will not
deprive the convicted person of
entitlement to allowances of good
conduct
3. Special Time allowance for Loyalty
WHO ARE DISQUALIFIED FROM PAROLE?
▪ Any person convicted of offenses
punished with reclusion perpetua or
whose sentences will be reduced to
reclusion perpetua
EFFECT OF VIOLATION OF PAROLE
▪ The convict may be re-arrested and
made to serve the unexpired portion
of his/her sentence
DISTINGUISHED FROM PARDON
PAROLE - Is a conditional release of a
prisoner with an unexpired sentence without
remittingthe penalty imposed on him/her
PARDON - Is a remission of the
penaltyimposed upon the convict
DISTINGUISHED FROM
CONDITIONALPARDON

• (A.) Any detention or convicted PAROLE - Is given by the Board or

prisoner who evaded service of pardons and parole to a prisoner who were
sentence following a catastrophe or able to serve the minimum sentence. In case
mutiny where he did not participate, of violation, convict is re-arrested to serve
and who decided to surrender to the theunexpired portion of penalty
authorities within 48 hours after the
CONDITIONAL PARDON - Is given by the
announcement of cessation of such
ChiefExecutive, In case of violation, convict
catastrophe or mutiny. He/she is
is re- arrested to serve the remitted penalty
entitled to the reduction of 1/5 of
the duration of his/her sentence 5. Probation
• (B.) Any detention or convicted
person who chose to stay in the
detention despite the catastrophe or
mutiny where he/she did not
participate. He/she is entitled to 2/5
reduction of duration of his/her
sentence

4. Parole (Act 4103 Indeterminate

sentencelaw)

• It refers to the conditional release of

an offender from a correctional