Penalties in Criminal Law

attyrcd / January 28, 2010

Penalties in General
Penalty is the suffering that is inflicted upon a natural person by the State for
the transgression of a law or ordinance.
Penal laws shall have a retroactive effect insofar as they favor the persons
guilty of a felony, who is not a habitual delinquent, although at the time of the
publication of such laws a final sentence has been pronounced and the
convict is serving the same. (Art. 22)

A pardon by the offended party does not extinguish criminal action except as
provided in Art. 344 (when the injured party has pardoned the offender in
crimes of adultery, concubinage, and other private crimes; provided that such
pardon is given before the institution of the criminal action); but civil liability
with regard to the interest of the injured party is extinguished by his express
waiver. (Art. 23)

The following shall not be considered as penalties:

1. Arrest and temporary detention, as well as their detention by reason of
insanity or imbecility, or illness requiring their confinement in a hospital.
2. Commitment of a minor to any of the institution mentioned in Art. 80.
(repealed by PD 603, as amended)
A minor who escaped from a correctional institution is not an escaped prisoner.
(People v. Halili, 58 Phil. 910)

3. Suspension from employment or public office during the trial or in order to

institute proceedings.
It is not a penalty because it is not imposed as a result of judicial proceedings.
Those mentioned in paragraphs 1, 3, and 4 of said article are merely preventive
measures before final judgment. (Bayot v. Sandiganbayan, 128 SCRA 383)

4. Fines and corrective measures which, in the exercise of their administrative

disciplinary powers, superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil law establishes in
penal form. (Art. 24)
Classification of Penalties
Principal Penalties are that provided by law for a felony and which is imposed
by the court expressly upon conviction.
Kinds of Principal Penalties:
According to their divisibility:
1. Indivisible – those which do not have fixed duration, like death, reclusion
perpetua, perpetual absolute or special disqualification, public censure.
2. Divisible – those which have a fixed duration and are always divisible into
three periods, namely: maximum, medium and minimum, like prision mayor.
According to their gravity: (Art. 25)
CAPITAL PUNISHMENT

1. Death
It shall consist in putting the person under sentence to death by lethal
injection. The death sentence shall be executed under the authority of the
Director of Prisons. The death sentence shall be carried out not later than one
(1) year after the judgment has become final. (Art. 81, as amended by RA
7659) The court [of origin] shall designate a working day for the execution
but not the hour thereof; and such designation shall not be communicated to
the offender before sunrise of said day, and the execution shall not take place
until after the expiration of at least 8 hours following the notification but
before sunset. (Art. 82)

The death penalty shall be imposed in all cases in which it must be imposed
under existing laws, except:
a. When the guilty person is below 18 years of age at the time of the
commission of the crime.

b. When he is more than 70 years of age.

c. When upon appeal or automatic review of the case by the Supreme Court,
the required majority vote is not obtained for the imposition of the death
penalty, in which cases the penalty be reclusion perpetua. (Art. 47, as amended
by RA 7659)
The death sentence shall not be inflicted upon a woman while she is
pregnant or within one (1) year after delivery, nor upon any person over 70
years of age. In this last case, the death sentence shall be commuted to the
penalty of reclusion perpetua with the accessory penalty provided in Art. 40. In
all cases where the death sentence has become final, the records of the case
shall be forwarded immediately by the Supreme Court to the Office of the
President for possible exercise of the pardoning power. (Art. 83, as amended by
RA 7659) The death penalty, when it is not executed by reason of
commutation or pardon shall carry with it that of perpetual absolute
disqualification and that of civil interdiction during 30 years following the
date of sentence, unless such accessory penalties shall have been expressly
remitted in the pardon. (Art. 40)
AFFLICTIVE PENALTIES

1. Reclusion perpetua
The penalty of reclusion perpetua shall be from 20 years and one day to 40
years. (Art. 27, as amended by RA 7659) The penalties of reclusion perpetua
and reclusion temporal shall carry with them that of civil interdiction for life
or during the period of the sentence as the case may be, and that
of perpetual absolute disqualification which the offender shall suffer even
though pardoned as to the principal penalty, unless the same shall have been
expressly remitted in the pardon. (Art. 41)
If the penalty imposed is reclusion perpetua, the convict may be pardoned after
serving the penalty for 30 years. This is not mandatory. However, the longest
term of imprisonment cannot exceed 40 years. (Art. 70)

Although RA 7659 (Heinous Crime Law) in amending Article 27 thereof fixed

the duration of reclusion perpetua at 20 years and one day to 40 years
imprisonment, said penalty remains as an indivisible penalty as there is no clear
legislative intent to alter its original classification. At most, the amendment as
to its duration is for the purpose of applying Section 7, Rule 114 of the 2000
Rules on Criminal Procedure and Section 13, Article III of the Constitution
regarding the accused’s right to bail. (People v. Reyes, 101127, Aug. 7, 1992)

It is error for the trial court to sentence the accused to reclusion perpetua,
whereas the penalty prescribed is life imprisonment. The penalty of reclusion
perpetua, a penalty provided in the RPC with accessory penalties, is completely
different from the penalty of life imprisonment. (People v. Ruedas, 194 SCRA
553)

Distinction: (Q4, 1994 Bar; Q7, 1991 Bar)

Reclusion Perpetua Life Imprisonment
1. Penalty provided
for in the RPC, and 1. Penalty usually
some special laws, provided for in special
RA 6425 & PD laws.
1860.
2. Duration of 20
years and one day to 2. No duration.
40 years.
3. Maybe reduced by 3. Cannot be reduced
one or 2 degrees. by degrees.
4. Has accessory 4. Does not have any
penalties. accessory penalties.
2. Reclusion temporal
The penalty shall be from 12 years and one day to 20 years. (Art. 27, as
amended by RA 7659)

3. Perpetual or temporary absolute disqualification.

4. Perpetual or temporary special disqualification.
These penalties (Nos. 3 & 4) are included by law in the classification of
principal and accessory penalties. If it is the penalty provided in the RPC for
the offense, it is a principal penalty; if not, it is only an accessory penalty.

5. Prision mayor
The penalty shall be from 6 years and one day to 12 years. (Art. 27, as amended
by RA 7659) The penalty of prision mayor shall carry with it that
of temporary absolute disqualification and that of perpetual special
disqualification from the right of suffrage which the offender shall suffer
although pardoned as to the principal penalty, unless the same shall have been
expressly remitted in the pardon. (Art. 42)
CORRECTIONAL PENALTIES

1. Prision correctional
The duration of the penalty shall be from 6 months and one day to 6 years.
(Art. 27, as amended by RA 7659) The penalty of prision correctional shall
carry with it that of suspension from public office, from the right to follow a
profession or calling, and that of perpetual special disqualification from the
right of suffrage, if the duration of said imprisonment shall exceed 18 months.
(Art. 43)
2. Arresto mayor
The duration of the penalty shall be from one month and one day to 6 months.
(Art. 27, as amended by RA 7659) The penalty of arresto mayor shall carry
with it that of suspension of the right to hold public office and the right of
suffrage during the term of the sentence. (Art. 44)
3. Destierro
Any person sentenced shall not be permitted to enter the place(s) designated in
the sentence , nor within the radius therein specified, which shall not be more
than 250 and not less than 25 kilometers from the place designated. (Art. 87)
The duration of the penalties shall be from 6 months and one day to 6 years.
(Art. 27, amended by RA 7659)

LIGHT PENALTIES

1. Arresto menor
The duration of the penalty shall be one day to 30 days. (Art. 27, as amended by
RA 7659) The penalty shall be served in the municipal jail, or in the house of
the defendant himself under the surveillance of an officer of the law, when the
court so provided in its decision, taking into consideration the health of the
offender and other reasons which may seem satisfactory to it. (Art 88)

2. Public censure
If the accused is acquitted, the court has no authority to censure him, because
censure, no matter how light a punishment it may be, is repugnant and
essentially contrary to an acquittal. (People v. Abellera, 69 Phil. 623)

PENALTIES COMMON TO THE 3 PRECEDING CLASSES:

1. Fine
A fine, whether imposed as a single or as an alternative penalty, shall be
considered an afflictive penalty, if it exceeds P 6,000; a correctional penalty, if
it does not exceed P 6,000 but it is not less than P 200; and a light penalty, if it
be less than P 200. (Art. 26)
Under this Article, it the fine imposed is exactly P 200 it is correctional.
However, under Article 9, a fine imposed of exactly P 200 is a light felony. To
resolve this seemingly inconsistent provisions of the law, the learned authors
has reconcile these in the following manner: If the question at issue is
the prescription of a felony, Article 9 will prevail over Article 26. Thus, a fine
imposed is exactly P 200, it is a light felony. On the other hand, if the question
at issue is the prescription of the penalty, then Article 29 will prevail over
Article 9, as such fine of exactly P 200 imposed as a penalty will be considered
a correctional fine.
2. Bond to keep the peace
The bond to keep peace shall be required to cover such period of time as the
court may determine. (Art. 27, as amended) It shall be the duty of any person
to give bond to keep the peace, to present two sufficient sureties who shall
undertake that such person will not commit the offense sought to be
prevented, and that in case such offense is committed they will pay the
amount determined by the court in the judgment, or otherwise to deposit
such amount in the office of the clerk of the court to guarantee such
undertaking. The court shall determine, according to its discretion, the period
of duration of the bond. Should the person sentenced fail to give the bond as
required, he shall be detained for a period which shall in no case exceed 6
months, if he shall have been prosecuted for a grave or less grave felony,
and shall not exceed 30 days, if for a light felony. (Art. 35)

Accessory penalties are that deemed included in the imposition of the principal
penalty.
1. Perpetual or temporary absolute disqualification
The penalties of disqualification for public office shall produce the following
effects:
a. Deprivation of the public offices and employment which the offender may
have held, even if conferred by popular election.

b. The deprivation of the right to vote in any election for popular elective
office or to be elected to such office.

c. The disqualification for the offices or public employment and for the
exercise of any of the rights mentioned.

In case of temporary disqualification, such disqualification as is comprised in

paragraph (b) and (c) of this article shall last during the term of the sentence.

d. The loss of all rights to retirement pay or other pension for any office
formerly held. (Art. 30)

All of these effects last during the lifetime of the convict and even after the
service of the sentence except as regards pars. (b) and (c) of the above in
connection with temporary absolute disqualification. (People v. Abes, 24 SCRA
780)

2. Perpetual or temporary special disqualification

The penalties of disqualification for public office, profession or calling shall
produce the following effects:
a. The deprivation of the office, employment, profession or calling affected.

b. The disqualification for holding similar offices or employment either

perpetually or during the term of the sentence, according to the extent of
such disqualification. (Art. 31)

The perpetual or temporary special disqualification for the exercise of the right
of suffrage shall deprive the offender perpetually or during the term of the
sentence, according to the nature of said penalty, of the right to vote in any
popular election for any public office or to be elected to such office. Moreover,
the offender shall not be permitted to hold any public office during the period of
his disqualification. (Art. 32)

3. Suspension from public office, the right to vote and be voted for, the
profession or calling.
If suspension is imposed as an accessory penalty, the duration is the same as
that of the principal penalty. The person suspended from holding public office
shall not hold another having similar functions during the period of his
suspension. (Art. 33)

4. Civil interdiction
Civil interdiction shall deprive the offender during the time of his sentence of
the rights of parental authority, or guardianship, of marital authority, of the right
to manage his property and of the right to dispose of such property by any act or
any conveyance inter vivos. (Art. 34)

5. Indemnification
The pecuniary liabilities of the offender:

a. Reparation of the damage caused.

b. Indemnification of consequential damages.

c. Fine

d. Cost of the proceedings. (Art. 38)

These pecuniary liabilities must be satisfied in the order mentioned. This article
is applied only if the property of the offender is not sufficient to pay his
pecuniary liabilities. If the offender does not have any property, he is to
undergo subsidiary imprisonment at the rate of P 8 per day as provided in
Article 39, amended by RA 5465, for his failure to meet the pecuniary liability
of fine.
6. Forfeiture or confiscation of instruments and proceeds of the offense.
Such proceeds and instruments or tools shall be confiscated and forfeited in
favor of the Government unless they be property of a third person not liable for
the offense, but those articles which are not subject of lawful commerce shall be
destroyed. (Art. 45)

7. Payment of costs.
Cost shall include:

a. Fees

b. Indemnities in the course of judicial proceedings. (Art. 37)

If the accused is convicted, costs may be charged against him. Payment of costs
rests upon the discretion of the Court. If the accused is acquitted, the costs
are de officio, which means, each party bears his own expenses. There is no
subsidiary imprisonment for non-payment of costs.
If the offender shall be in prison, the term of the duration of the temporary
penalties, (like suspension) shall be computed from the day on which the
judgment of conviction shall have become final. If the offender be not in
prison, the term of the duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the offender is placed at the disposal
of the judicial authorities for the enforcement of the penalty. (Art. 28)

If the accused is in prison at the time the judgment is promulgated, he is deemed

to have submitted himself for the execution of the said judgment as of the date
of its promulgation. (Alvarado, v. Dir. of Prisons, 47 OG 343)

Offender who have undergone preventive imprisonment shall be credited in the

service of their sentence consisting of deprivation of liberty, with the full time
during which they have undergone preventive imprisonment, if the detention
prisoner agrees voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously twice or more
times of any crime.

2. When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily. (Art. 29)

If the detention prisoner does not agree, the deduction shall be 4/5 of the time
during which he has undergone preventive imprisonment. (People v. Abanes, 73
SCRA 44) An accused sentence to life imprisonment is entitled to the
deduction. (US v. Ortencio, 38 Phil. 941)

There is preventive imprisonment when:

1. An offender is detained while the criminal case against him is being heard,
either because the crime committed is a capital offense and not bailable.
2. Even if the crime committed was bailable, the offender could not post the
required bail for his provisional liberty. (Q3, 1994 Bar)

Whenever an accused has undergone preventive imprisonment for a period

equal to or more than the possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is not yet terminated, he
shall be released immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review. In case the
maximum penalty to which the accused may be sentenced is destierro, he shall
be released after 30 days of preventive imprisonment. (See Art. 29, as amended
by EO 214, July 10, 1987)
A pardon shall not work the restoration of the right to hold public office, or the
right of suffrage, unless such rights be expressly restored by the terms of the
pardon. A pardon shall in no case exempt the culprit from the payment of civil
indemnity imposed upon him by the sentence. (Art. 36)

Absolute pardon merely extinguished the criminal liability, removed

disqualification to public office if expressly restored by the terms of the pardon,
but does not entitled the accused to reinstatement to her former position
inasmuch as her right thereto had been forfeited by reason of her conviction.
Moreover, the pardon does not extinguish the civil liability arising from the
crime. (Monsanto v. Factoran, Jr., 170 SCRA 191) (Q15, 1994 Bar)

If the convict has no property with which to meet the fine mentioned in (c) of
Article 38, he shall be subject to a subsidiary personal liability at the rate
of P 8 for one day, subject to the following rules:
1. Penalty imposed is prision correctional or arresto and fine – his subsidiary
imprisonment shall not exceed 1/3 of the term of the sentence, and in no case
shall it continue for more than one year.
Illustration:
Offender is sentenced to 6 years of prision correccional and to pay a fine
of P 4,000. Divide P 4,000 by P 8 and that will be 500 days. One-third of 6
years is 2 years. The period of 500 days is less than 1/3 of the principal
penalty. But the offender is to serve 365 days only of the 500 days because the
law provides that the subsidiary imprisonment shall not continue longer than
one year or 365 days.
2. Penalty imposed is fine only – subsidiary imprisonment (a) grave or less
grave felony – not to exceed 6 months; (b) light felony – not to exceed 15 days.
3. Penalty imposed is higher than prision correctional – no subsidiary
imprisonment shall be imposed upon the culprit. (Art. 39)
Subsidiary liability is not an accessory penalty, it is a substitute principal
penalty and to be enforceable it must be expressly stated in the judgment that
in case of insolvency of the accused, he shall suffer the corresponding
subsidiary imprisonment. Subsidiary imprisonment does not extinguish the
non-payment of fine. Also, subsidiary imprisonment is not imprisonment for
debt because the constitutional prohibition refers to debts incurred in the
fulfillment of contracts and not to the payment of money or damages as a
penalty arising ex-delictu. (US v. Cara, 41 Phil. 828)
Application of Penalties
Whenever the Revised Penal Code prescribes a penalty for a particular felony,
such penalty is intended for the principal in the consummated stage. (See Art.
46) The designation of the penalty prescribed by law must be used.
Imposition of Penalties:
1. Principal of a consummated felony – the penalty provided by law. (Art. 46)
2. Principal of a frustrated felony – one degree lower than that prescribed for a
consummated felony. (Art. 50)
3. Principal of an attempted felony – 2 degrees lower than that prescribed for a
consummated felony. (Art. 51)
4. Accomplice of a consummated felony – one degree lower than that
prescribed for a consummated felony. (Art. 52)
5. Accessory of a consummated felony – 2 degrees lower than that prescribed
for a consummated felony. (Art. 53)
6. Accomplice of a frustrated felony – one degree lower than that prescribed for
a frustrated felony. (Art. 54)
7. Accessory of a frustrated felony – 2 degrees lower than that prescribed for a
frustrated felony. (Art. 55)
8. Accomplice of an attempted felony – one degree lower than that prescribed
for an attempted felony. (Art. 56)
9. Accessory of an attempted felony – 2 degrees lower than that prescribed for
an attempted felony. (Art. 57)
Application of the Rules provided in Arts. 50 – 57
Consummated Frustrated Attempted
Principal x 1 2

Accomplice 1 2 3

Accessory 2 3 4

X represent the penalty provided by law, which is to be imposed upon the

principal in a consummated felony. (Art. 46) The figures represent the degrees
to which the penalty is lowered.

Degree of a penalty refers to the penalty imposable for a felony committed

considering the stage of execution and the degree of participation of the
offender. While, period of a penalty refers to the duration of the penalty,
consisting of the maximum, medium and minimum, after considering
the presence or absence of aggravating or mitigating circumstances, and refers
only to a divisible penalty.
Complex crimes is when a single act constitutes 2 or more grave or less grave
felonies, or when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be imposed, the same to be
applied in its maximum period. (Art. 48) The purpose of the imposition of the
penalty is to prescribed a penalty lower than the aggregate of the penalties for
each offense, if impose separately. The reason is when 2 or more crimes are the
result of a single act, the offender is deemed less perverse than when he
commits said crimes thru separate and distinct act. (People v. Cano, 17 SCRA
237) (Q2, 1996 Bar)
Article 48 does not apply when the law especially considers 2 or more crimes as
single and indivisible and provides a specific penalty therefor. Robbery with
homicide is not a complex crime but a single and indivisible felony by specific
provision of law (Art. 294, par. 1) known as special composite crime (special
complex crime), when under one provision of law, a crime which carries
another crime as component thereof is penalized with one penalty.
Kinds of Complex Crimes:
1. Compound (delito compuesto) when a single act constitutes 2 or more grave
or less grave felonies.
Thus, a single act of throwing a hand grenade at a person, killing him and
injuring others – murder with multiple attempted murders (People v. Guillen, 47
OG 3433), or when the same shot and bulled which caused the death of A also
hit and killed B – double homicide. (People v. Pama, 44 OG 3339) Also, the
single act of the offender in hacking the Barangay Captain to death, in the
performance of his official duties, resulted in a complex crime of homicide with
assault upon a person in authority. But when a single act results in (a) a grave
felony and a light felony; or (b) a grave or less grave felony and an offense
punished by a special law, there is no complex crime. Two independent crimes
are committed. Thus, where a firearm was stolen with intent to own and use it,
two crimes are committed: (a) Theft and (b) Illegal possession of firearm. (Q6,
1995 Bar)

Where the resulting felonies are the result of separate acts no matter how
closely related, this results in separate liabilities. Thus, when various victims
expire from separate shots, such acts constitute separate and distinct crimes. In
this case, where the offender made use of a firearm, the number of acts is now
determined by the number of bullets released by the firearm. If 4 bullets are
released and 4 persons are killed, it is not a complex crime. However, if 2 or
more persons are killed by one bullet, it is a complex crime. In the use of
automatic firearm, it is presumed that separate bullets killed separate persons,
hence; no complex crime, unless proven otherwise.

The rules on complex crimes apply to felonies committed thru negligence.

Thus, an accused accidentally discharged his revolver during a dance killing a
girl and wounding another – homicide with less serious physical injuries
through reckless imprudence. (People v. Castro. 40 OG 18)

2. Complex proper (delito complejo) when an offense is committed as a

necessary means to commit the other.
It is essential that two crimes must be under the same statute. (People v.
Araneta, 49 Phil. 650) The phrase “necessary means” has been interpreted not
to mean “indispensable means” because if it did, then the offense as a necessary
means to commit another would be an element of the other crime. It is simply
means such an offense is committed to facilitate and insure the commission of
the other. (People v. Hernandez, 50 OG 5506)

Necessarily, the first crime must be consummated while the second could be
an attempted, frustrated or consummated felony. There is no complex crime
if a crime is committed to conceal the other crime. For instance, a victim was
killed. To conceal the crime, accused burned the house, where the killing was
committed. Two crimes were committed. Homicide and arson. (People v.
Bersabal, 48 Phil. 439)

The first crime must not be indispensable or be an element of the second

crime, otherwise, there is no complex crime. For example, in robbery with
force upon things, trespass to dwelling is an element of the other crime. Also,
there is no complex crime of estafa thru falsification of private document
because the damage as an element of estafa is the same damage as an element of
the falsification. (People v. Dizon, 48 OG 168) Do not complexed crimes, as in
the latter example, where one crime is only the component of the other crime.

Where a policeman forcibly took a 15-year-old girl inside a taxi and afterwards
raped her in an isolated place, forcible abduction with rape is committed.
(People v. Famador, 113 SCRA 310) Abduction with rape is now considered a
complex crime. Where the manifest intention is to kill the victim and the
kidnapping is merely incidental to the principal purpose, the crime is only
murder.

Common crimes like homicide, robbery and the like cannot be complexed
with the crime of rebellion. All crimes, whether punishable under a special
law, which are components or ingredients, or committed in furtherance thereof,
become absorbed in the crime of rebellion and cannot be isolated as separate
crimes in themselves. (Enrile v. Amin, 189 SCRA 573)

Continued or continuous crime (delito continuado) is a single crime

consisting of a series of acts arising from one criminal resolution or intent, not
susceptible of division, carried out in the same place and at about the same time,
and is therefore not a complex crime. Each acts, although of a delictual
character, merely constitutes a partial execution of a single particular delict.
Thus, taking of 6 roosters from one coop belonging to 2 different owners is only
one theft because the 2 acts of taking arose from one criminal resolution.
(People v. Jaranillo, 55 SCRA [1974]) Also, if the accused ran amok and killed
several persons, only one crime is committed because the killings were the
result of a single impulse. (People v. Emit, 13477, Jan. 31, 1956) (Q8, 1996
Bar)
This singularity of criminal intent has been applied to prison riot cases
where although acts of murder are perpetrated separately or on different
occasions.

It was noted that the concept of “delito continuado” has been applied to crimes
penalized under special laws (People v. Sabbum, 10 SCRA 156) since, under
Article 10 of the RPC, the Code shall be supplementary to special laws, unless
the latter provide the contrary. In Santiago v. Justice Garchitorena, 109266,
Dec. 2, 1993, the Court directed the prosecution to consolidate the 32 amended
information into one information, charging the petitioner with performing a
single criminal act – that of her approving the application for legalization of
aliens not qualified under the law – considering that the criminal acts (1) were
in violations of the same law (EO 324 dated April 13, 1988); (2) caused undue
injury to one offended party – the Government, and (3) done on the same day –
on or about October 17, 1988.

Continuing crime (transitory) is only intended as a factor in determining the

proper venue of jurisdiction pursuant to the Rules of Court. This is so, because
a person charged with a transitory offense may be tried in any jurisdiction
where the offense is in part committed. (Q4, 1994 Bar)
Where the felony committed is different from that which the offender intended
to commit, the following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than that
corresponding to the offense which the accused intended to commit, the
penalty corresponding to the latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that
corresponding to the one which the accused intended to commit, the penalty for
the former shall be imposed in its maximum period. (Art. 49)

Article 49 applies only to a case of mistake of identity or error en personae.

When the person intending to commit an offense has already performed the
acts for the execution of the same but nevertheless the crime was not
produced by reason of the fact that the act intended was by its nature one of
impossible accomplishment or because the means employed by such person
are essentially inadequate to produce the result desired by him, (impossible
crime) the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the penalty of
arresto mayor or a fine from P 200 to P 500. (Art. 59)
Rules for graduating penalties:
1. When the penalty prescribed for the felony is SINGLE and INDIVISIBLE
(death), the penalty next lower in degree shall be that immediately following
that indivisible penalty (reclusion perpetua) in the respective graduated scale
prescribed in Article 71.
2. TWO INDIVISIBLE penalties, or of ONE OR MORE DIVISIBLE penalties
to be imposed to their full extent, the penalty next lower in degree shall be that
immediately following the lesser of the penalties prescribed in the respective
graduated scale.

Illustration:
Two indivisible penalties – Reclusion perpetua to death (Penalty for Parricide,
Art. 248) – penalty next lower in degree is reclusion temporal, which
follows reclusion perpetua, the lesser of the two penalties.
3. ONE OR TWO INDIVISIBLE penalties and the MAXIMUM period of a
DIVISIBLE penalty, the penalty next lower in degree shall be composed of
the medium and minimum periods of the proper divisible penalty and the
maximum period of that immediately following in said respective graduated
scale.

Illustration:
Reclusion temporal maximum period to death (Penalty for Murder, Art. 248). –
penalty next lower in degree is prision mayor maximum to reclusion
temporal medium period.
4. SEVERAL periods corresponding to different DIVISIBLE penalties, the
penalty next lower in degree shall be composed of the period immediately
following the minimum prescribed and of the two next following, which shall
be taken from the penalty prescribed, if possible; otherwise from the penalty
immediately following in the respective graduated scale. (Art. 61)
Illustration:
Prision mayor maximum to reclusion temporal medium period (Penalty for
frustrated murder, Art. 248, par. 5) – penalty next lower in degree is prision
correccional maximum to prision mayor medium.
In lowering the penalty by next lower in degree, aggravating or mitigating
circumstances are not considered because Article 61 refers to the penalty
prescribed for the felony. After the penalty next lower in degree is determined,
aggravating or mitigating circumstances are then considered to determine the
proper period of said penalty.

The courts, in applying such lower or higher penalty, shall observe the
following graduated scales: (Art. 71)

Scale No. 1 Scale No. 2

1. Death
2. Reclusion
perpetua

3. Reclusion 1. Perpetual absolute

temporal disqualification2.
Temporary absolute
4. Prision mayor disqualification
3. Suspension from
public officer, the right
5. Prision
to vote and be voted
correccional
for, and the right to
follow a profession or
6. Arresto mayor calling.
7. Destierro 4. Public censure
8. Arresto menor 5. Fine
9. Public censure

10. Fine

Mitigating or aggravating circumstances and habitual delinquency shall be

taken into account for the purpose of diminishing or increasing the penalty in
conformity with the following rules:
1. Aggravating circumstances which in (a) themselves constitute a crime
specially punishable by law or (b) which are included by the law in defining a
crime and prescribing the penalty therefor shall not be taken into account for
the purpose of increasing the penalty.
In the crime of robbery in an inhabited house, trespass to dwelling cannot be
considered to aggravate the crime, for the reason that it is inherent in the crime.

2. Aggravating or mitigating circumstances which arise from the moral

attributes of the offender, or from the private relations with the offended party,
or from any other personal cause, shall serve to aggravate or mitigate the
liability of the principals, accomplices and accessories as to whom such
circumstances are attendant.
An example is recidivism, this circumstance will aggravate the crime
committed by the person in whom such a circumstance is attendant. Also, if A
and B killed C and A acted with passion, such mitigating circumstance will
affect him only.

3. The circumstances which consist in the material execution of the act, or in

the means employed to accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of them at the time of the
execution of the act or their cooperation therein.
Example: A cooperated with B in the killing of C who killed the latter with
ignominy, such will aggravate not only of B but also that of A, if he has
knowledge of it at the time of the execution of the act.

4. Habitual delinquent is a person, if within a period of 10 years from the date

of his release or last convictions of the crimes of serious or less serious
physical injuries, robo (robbery), hurto (theft), estafa, or falsification, he is
found guilty of any said crimes a third time or oftener.
Upon a third conviction the culprit shall be sentenced to the penalty provided
by law for the last crime of which he be found guilty and to the additional
penalty of prision correctional in its medium and maximum periods. Upon 4th
conviction – additional penalty of prision mayor in its minimum and medium
periods. Upon a 5th or additional conviction – additional penalty of prision
mayor in its maximum period to reclusion temporal in its minimum period.
However, the total of the 2 penalties to be imposed upon the offender shall in
no case exceed 30 years.
In charging habitual delinquency, the information must allege:
a. The dates of the commission of the previous offenses;

b. The date of the last conviction or release.

c. The dates of other previous convictions or release.

The law does not require that the convictions should take place within a
period of 10 years. What the law requires is that each conviction must take
place within 10 years from each conviction. The 10-year period is
computed from the date of the last conviction or release as the law expressly
provides “to the date of conviction of the subsequent offense.” (People v.
Morales, 61 Phil. 222) Habitual delinquency applies to all stages of
commission. (People v. Abuyen, 52 Phil. 722) But in imposing the additional
penalty, recidivism is not aggravating because such is a qualifying or inherent
circumstances in habitual delinquency. (People v. De Jesus, 63 Phil. 760)

The imposition of the additional penalty on habitual delinquents is

constitutional because such law is neither an ex-post law nor an additional
punishment for future crimes. It is simply a punishment on future crimes the
penalty being enhanced on account of the criminal propensities of the accused.
(People v. Montera, 55 Phil. 993)

5. When in the commission of the crime, advantage was taken by the offender
of his public position, the penalty to be imposed shall be in its maximum
regardless of mitigating circumstances.
The maximum penalty shall be imposed if the offense was committed by any
person who belongs to an organized/syndicate crime group (a group of two or
more persons collaborating, confederating or mutually helping one another for
purposes of gain in the commission of any crime) (Art. 62)
Mitigating and aggravating circumstances are not considered in the
imposition of penalties:
1. Penalty that is single and indivisible, i.e., death.
2. Felonies thru negligence.
In imposing penalties prescribed for offenses committed thru negligence or
imprudence, courts shall exercise their sound discretion, without regard to the
rules provided in Article 64. (People v. Agito, 54 OG 7393)

3. Penalty is fine.
4. Penalty is prescribed by special law.
In all cases in which the law prescribes a SINGLE INDIVISIBLE penalty, it
shall be applied by the courts regardless of any mitigating or aggravating
circumstances that may have attended the commission of the deed.

In all cases in which the law prescribes a penalty composed of 2 INDIVISIBLE

penalties, the following rules shall be observed in the application thereof:
1. One aggravating – the higher penalty shall be applied.
2. No mitigating nor aggravating – lesser penalty.
3. Some mitigating and no aggravating – lesser penalty.
4. Both mitigating and aggravating – offset one another in consideration of their
number and importance. (Art. 63)
Illustration: (Q6, 1997 Bar)
A and B pleaded to the crime of parricide. The court found 3 mitigating
circumstances, namely, plea of guilty, lack of instruction and lack of intent to
commit so grave a wrong as that committed. The prescribed penalty for
parricide is reclusion perpetua to death. Impose the proper principal penalty.

Answer: The proper penalty is reclusion perpetua. Even if there are 2 or more
mitigating circumstances, a court cannot lower the penalty by one degree. (Art.
63[par. 3]) In US v. Relador, 60 Phil. 593, where the crime committed was
parricide with 2 mitigating circumstances of illiteracy and lack of intention to
commit so grave a wrong, and with no aggravating circumstance, the Supreme
Court held that the proper penalty to be imposed is reclusion perpetua.
In cases in which the penalties prescribed by law contain 3 periods, whether it
be a single DIVISIBLE penalty or composed of 3 different penalties, each one
of which forms a period, the courts shall observe for the application of the
penalty the following rules, according to whether there are or not mitigating or
aggravating circumstances:

1. Neither aggravating nor mitigating – they shall impose the penalty

prescribed by law in its medium period.
2. One mitigating – minimum period.
3. One aggravating – maximum period.
4. Both mitigating and aggravating – offset each other according to their relative
weight.
5. Two or more mitigating and no aggravating – penalty next lower to that
prescribed by law, in the period that it may deem applicable, according to the
number and nature of such circumstances.
6. Two or more aggravating – prescribed by law in its maximum period. (Art.
64) (Q10, 1995 Bar; Q12, 1991 Bar; Q8, 1997 Bar)
In cases in which the penalty prescribed by law is not composed of 3
period, the courts shall apply the rules contained in the foregoing articles,
dividing into 3 equal portions of time included in the penalty prescribed, and
forming one period of each of the 3 portions. (Art. 65)

In imposing fines, the courts may fix any amount within the limits established
by law; in fixing the amount in each case attention should be given, not
only the mitigating or aggravating, but more particularly to the wealth or
means of the culprit. (Art. 66)

Whenever it may be necessary to increase or reduce the penalty of fine by one

or more degrees, it shall be increased or reduced, respectively, for each degree,
by 1/4 of the maximum amount prescribed by law, without however, changing
the minimum. (Art. 75) If the law only fixes the maximum, the court cannot
impose a fine next higher.

Illustration:
Fine is from P 200 to P 1,000. Each degree will be equal to 1/4 of P 1,000
or P 250. P 250 added to P 1,000 to determine the fine next higher in degree
without changing the minimum of P 200, and will therefore, be P 200
to P 1,250. Fine next lower in degree will be to deduct P 250 from P 1,000
without also changing the minimum which is P200 to P 750.
When the offender is a minor under 18 years, the rules are:
1. Over 9 years of age but less than 15 who acted with discernment – penalty
lower by 2 degrees than that prescribed by law.

2. Over 15 and under 18 years of age – penalty next lower than that prescribed
by law, but always in the proper period. (Art. 68)

This article treats of two privileged mitigating circumstances.

When the culprit has to serve 2 or more penalties, he shall serve them
simultaneously if the nature of the penalties will so permit (like penalties of
disqualification may be served simultaneously with imprisonment): if not, the
order of their respective severity shall be followed so that they may be
executed successively. However, the maximum duration of the convict’s
sentence shall not be more than three-fold the length of time corresponding to
the most severe of the penalties imposed upon him. (Three-fold Rule) Such
maximum period shall in no case exceed 40 years. The duration of perpetual
penalties is 30 years. (See Art. 70)
The phrase “most severe penalty” includes equal penalties. (Aspra v. Director,
85 Phil. 737) If in 6 estafas, accused was sentenced to 3 months and 11 days in
each case and he should serve 3 times 3 months and 11 days or 9 months and 33
days.

Where the accused was convicted of double murder and sentenced to 2

reclusion perpetua, the 40 years limit shall be observed. (People v. Odencio, 88
SCRA 1) Material accumulation system is where all the penalties for the
crimes committed are imposed even if they total beyond the natural span of
human life. The juridical accumulation system refers to the three-fold rule.
Multiple death penalties are not impossible to serve because they will have to be
executed simultaneously. The sentencing of an accused to several capital
penalties is an indelible badge of his extreme criminal perversity, which may
not be accurately projected by the imposition of only one death sentence.
Granting, however, that the President deems it proper to commute the multiple
death penalties to multiple life imprisonments, then the practical effect is that
the convict has to serve the maximum 40 years of multiple life sentences. In
only one death penalty is imposed, and then is commuted to life imprisonment,
the convict will have to serve a maximum of only 30 years corresponding to a
single life sentence. (People v. Jose, 37 SCRA 450)

Complex penalty is a penalty prescribed by law composed of 3 distinct

penalties each forming a period, the lightest of which shall be the minimum, the
next shall be the medium, and the most severe, the maximum. (Art. 77)
The factors to consider to arrive at the correct penalty:
1. Determine the crime committed.

2. Stage of execution and degree of participation.

3. Determine the penalty.

4. Consider the modifying circumstances.

5. Determine whether or not Indeterminate Sentence Law is applicable. (Q11,

1991 Bar)

Execution and Service of Penalties

No penalty shall be executed except by virtue of a final judgment. A penalty
shall not be executed in any other form than that prescribed by law. (See Art.
78)

When a convict shall become insane or an imbecile after final sentence has
been pronounced, the execution of said sentence shall be suspended only with
regard to the personal penalty. The insane or imbecile convict shall be
ordered confined in the hospital for treatment and the convict shall not be
permitted to leave such hospital without authority from the court. If the
convict recovers from his illness, he shall commence serving his sentence.
(See Art. 79)
Youth Offender is a child, minor or youth, including one who is emancipated
in accordance with law, who is over 9 years but under 18 years of age at the
time of the commission of the offense.
In youthful offender, instead of pronouncing judgment of conviction, the
court shall suspend all further proceedings and shall commit such minor to the
custody or care of the DSWD, or any training institution operated by the
government, or duly licensed agencies or any other responsible person, until he
shall have reached 21 years of age, or for a shorter period as the court may
deem proper. (Art. 192, PD 603, Child and Youth Welfare Code)
The application of Art. 192 is not automatic; the minor must apply to the
court for the benefit of suspension of judgment.

The benefits of this article shall not apply to a youthful offender who:
1. Has once enjoyed suspension of sentence.

2. One who is convicted of an offense punishable by death or life imprisonment.

(Q7, 1995 Bar)

3. One who is convicted for an offense by the Military Tribunals. (Art. 192 of
PD 603)

When ever the youthful offender has been found incorrigible or has willfully
failed to comply with the conditions of his rehabilitation programs, or should
his continued stay in the training institution be inadvisable, he shall be
returned to the committing court for the promulgation of judgment. (Art. 197,
PD 603, as amended)

When the youthful offender has reached the age of 21 while in the
commitment, the court shall determine whether to dismiss the case or to
pronounce the judgment of conviction. 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. (Art.
197 of PD 603)

A child 9 years of age or under at the time of the commission of the

offense shall be exempted 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. (Art. 189, PD 603, as
amended)

A minor 14 years old at the time of the commission of the crime but 23 years
old when the case was decided by the Supreme Court on appeal is not entitled to
a suspended sentence under PD 603. He is, however, entitled under Article 68
of the RPC to a two-degree reduction of the penalty. (People v. Hermosilla, 122
SCRA 905)

EXTINCTION OF CRIMINAL LIABILITY

Total Extinction of Criminal Liability

Criminal liability is totally extinguished:

1. Death of the convict, as to the personal penalties; and as to pecuniary
penalties, liability therefor is extinguished only when the death of the
offender occurs before final judgment.
Death of the accused pending appeal of his conviction or before judgment
become executory, extinguishes his criminal liability as well as the civil liability
based solely thereon. Corollarily, the claim for civil liability survives
notwithstanding the death of the accused, if the same may also be predicated on
a source of obligation other than delict. Article 1157 of the Civil Code
enumerates the other sources of obligation as law, contracts, quasi-contracts and
quasi-delicts.

An action for recovery of such civil liability may be pursued but only by way of
filing a separate civil action and subject to Rule 111 of the Rules of Court. This
separate civil action may be enforced either:

a. Against the executor/administrator if for damages resulting from injury to

persons or property pursuant to Section 1, Rule 87 of the Rules of Court.
b. Against the estate of the accused if for contractual money claims under
Section 5, Rule 86 of the Rules of Court. (People v. Bayotas, 102007, Sept. 20,
1994) (Q1, 1992 Bar; Q5, 1990 Bar)
Death of the offended party in a criminal action does not extinguish the criminal
liability of the accused. (People v. Bundalian, 117 SCRA 718)

2. Service of the sentence.

3. Amnesty
It is an act of the sovereign power granting oblivion or a general pardon for a
past offense and is usually exercised in behalf of a certain class of persons, who
are subject to trial but have not yet convicted. (Brown v Walker, 161 US 602)
An amnesty extinguishes the criminal liability and not merely the penalty but
also its effects. But the civil liability is not extinguished.

4. Absolute pardon
Pardon is an act of grace proceeding from the power entrusted with the
excecution of the laws which exempts the individual on whom it is bestowed
form the punishment the law inflicts for the crime he has committed.
5. Prescription of the crime.
It is the forfeiture or loss of the right of the State to prosecute the offender after
the lapse of a certain time fixed by law, viz:

a. Death, reclusion perpetua or reclusion temporal – 20 years

b. Other afflictive penalties (prision mayor) – 15 years
c. Correctional penalty – 10 years
d. Arresto mayor – 5 years (Q13, 1994 Bar)
e. Libel or other similar offenses – 1 year
f. Oral defamation and slander by deed – 6 months
g. Light offenses (arresto menor) – 2 months
When the penalty fixed by law is a compound one, the highest penalty shall be
made the basis. (As amended by RA 4661, June 19, 1966)

If the last day of the prescriptive period falls on a Sunday or legal holiday,
the fiscal cannot file the information on the next following working days
as it would tantamount to extending the prescriptive period fixed by law.
(Yapdiangco v. Buencamino, 122 SCRA 713)

The period of prescription shall commence to run from the day on which the
crime is discovered (applies oftenly to act done clandestinely, i.e., bigamy) by
the offended party, the authorities, or their agents, and shall be interrupted by
the filing of the complaint or information, and shall commence to run again
when such proceedings terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the
Philippine Archipelago. (Art. 91)
In the latter case, however, the offender’s trips abroad which were brief and in
every case, she returned to the Philippines, do not constitute the “absence”
contemplated in the Article. The aggregate number of days of those trips are
not to be considered. (Garcia v. CA, Jan. 27, 1997)

The principle of constructive notice (such as registration of the second marriage

in the civil registry) which ordinarily applies to land or property disputes should
not be applied to the crime of bigamy, as marriage is not property. (Sermonia v.
CA, 233 SCRA 155) (Q2, 1995 Bar) However, in property disputes, the party is
considered to have constructive notice on the forgery after the Deed of Sale
where his signature had been falsified was registered in the Office of the
Register of Deeds. (Cabral v. Puno, 70 SCRA 606) Registration in a public
registry is a notice to the whole world. The record is constructive notice of
what it contains and so all persons, including the offended party, are charged
with knowledge thereof. The offended party has constructive notice of the
alleged forgery after the document was registered with the Registry of Deeds.
(People v. Reyes, 175 SCRA) (Q1, 1993 Bar)

The accused cannot be convicted of the offense of simple slander although it is

necessary included in the offense of grave slander charged in the information,
because the lesser offense had already prescribed at the time the information
was filed. (Magat v. People, 201 SCRA 21) Otherwise, prosecutors can easily
circumvent the rule of prescription in light offenses by the simple expedient of
filing a graver offense which included a light offense. (Q12, 1997 Bar)

6. Prescription of the penalty.

It is the loss or forfeiture of the right of the government to execute the final
sentence after the lapse of a certain time fixed by law, viz:

a. Death and reclusion perpetua – 20 years

b. Other afflictive penalties – 15 years
c. Correctional penalties – 10 years
d. Arresto mayor – 5 years
e. Light penalties – 1 year
The period of prescription of penalties shall commence to run from the date the
culprit should evade the service of his sentence, and it shall be interrupted if the
defendant should:

a. Give himself up.

b. Be captured.
c. Go to some foreign country with which the government has no extradition
treaty.
d. Commit another crime before the expiration of the period of prescription.
(Art. 93)
e. Acceptance of conditional pardon. By acceptance of the pardon he eluded the
service of the penalty, in the same manner that a convict who goes to a foreign
country with which the government has no extradition treaty. (People v.
Puntillas, G.R. 45269, June 15, 1938)
Prescription of the penalty presupposes that the culprit has been sentenced by
final judgment and evades the service of the penalty.

7. Marriage of the offended woman, as provided in Art. 344. (Art. 89)

Marriage of the offender with the offended party refers to private offenses only
and must be contracted in good faith. (People v. Santiago, 51 Phil. 68)

Partial Extinction of Criminal Liability

Criminal liability is extinguished partially:
1. Conditional pardon
It is in the nature of a contract, the conditions of which the convict, upon
acceptance, must not violate. Otherwise, the offender is rearrested and re-
incarcerated by order of the President.

2. Commutation of the sentence

It is the change in the sentence of the court made by the President which
consists in reducing the penalty imposed upon of the offender. The
commutation of the original sentence for another of a different length and nature
shall have the effect of substituting the latter on the place of the former. (Art.
96)

3. Good conduct allowances which the culprit may earn while he is serving his
sentence.
The good conduct of any prisoner in any penal institution shall entitle him to the
following deduction from the period of his sentence:

a. First 2 years of imprisonment – a deduction of 5 days for each month of good

behavior.

b. 3rd to 5th year – 8 days for each month of good behavior.

c. Following years to 10th year – 10 days for each month of good behavior.

d. 11th and successive year – 15 days for each month of good behavior. (Art.
97)

A deduction of 1/5 of the period of his sentence shall be granted to any

prisoner who, having evaded the service of his sentence, gives himself up to the
authorities within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe. (Art. 98)

Whenever lawfully justified, the Director of Prisons shall grant allowances for
good conduct. Such allowances once granted shall not be revoked. (Art. 99)

4. Parole under the Indeterminate Sentence Law. (See Indeterminate

Sentence Law)
Parole consists in the suspension of the sentence of a convict after serving the
minimum of the sentence imposed without granting a pardon, prescribing the
terms upon which the sentence shall be suspended.
5. Probation. (See Probation)
CIVIL LIABILITY
Persons Civilly Liable for Felonies

Every person criminally liable for a felony is also civilly liable. (Art. 100)
The civil liability arises from the commission of the felony.

When a criminal action is instituted, the civil action for the recovery of civil
liability arising from the offense charged shall be deemed instituted with the
criminal action unless the offended party:

1. Waives the civil action.

2. Reserves the right to institute it separately.
The reservation of the right to institute separately the civil action shall be made
before the prosecution starts presenting its evidence. (Sec. 1, Rule 111) In the
cases provided in Articles 32, 33, 34 and 2176 of the Civil Code, the
independent civil action may be brought by the offended party. It shall proceed
independently of the criminal action and shall require only a preponderance of
evidence. In no case, however, may the offended party recover damages twice
for the same act or omission charged in the criminal action. (Sec. 3, Rule 111)

3. Institutes the civil action prior to the criminal action. (Sec. 1, Rule 111, 2000
Rules of Criminal Procedure)
If the criminal action is filed after the said civil action has already been
instituted, latter shall be suspended in whatever stage it may be found before
judgment on the merits. The suspension shall last until final judgment is
rendered in the criminal action. Nevertheless, before judgment on the merits is
rendered in the civil action, the same may, upon motion of the offended party,
be consolidated with the criminal action in the court trying the criminal action.
The consolidated criminal and civil actions shall be tried and decided jointly.

The extinction of the penal action does not carry with it extinction of the civil
action. However, the civil action based on delict shall be deemed extinguished
if there is a finding in a final judgment in the criminal action that the act or
omission from which civil liability may arise did not exist. (Sec. 2, Rule 111)

After the criminal action has been commenced, the separate civil action
arising therefrom cannot be instituted until final judgment has been entered in
the criminal action, except in independent civil action. (See Sec. 2, Rule 111)

As a rule, if the offender is acquitted, the civil liability is extinguished,

except:
1. If the acquittal is on the ground that the guilt has not been proven beyond
reasonable doubt.
2. The acquittal was due to an exempting circumstance like insanity.
The civil liability for acts committed by an imbecile or insane person, and by
a person under 9 years of age, or by one over 9 but under 15 years of age, who
acted without discernment, shall devolve upon those having such person under
their legal authority or control, unless it appears that there was no fault or
negligence in their part. (See Art. 101)

The civil liability of the parents for the felonies committed by their minor
children under their legal authority or control, or who live in their company is
primary – not subsidiary and thus subject to the defense of lack of fault or
negligence on their part, i.e., the exercise of the diligence of a good father of a
family. (Libi v. IAC, 70890, Sept. 18, 1992)

3. When the court finds and states in its judgment that there is only civil
responsibility.
The acquittal of the accused in the criminal case does not extinguished his
liability for quasi-delict. (Elcano v. Hill, 24803, May 26, 1977)

In the absence of any reservation to institute a separate civil action for

damages arising from the commission of the offense charged, the injured
party may avail himself of the auxiliary remedy of attachment, since under the
law when a criminal action is instituted the civil action is presumed to have
been instituted jointly with the criminal action. (Rule 127, Rules of Court)
Subsidiary civil liability of the following:
1. In default of the persons criminally liable, INNKEEPERS, TAVERN-
KEEPERS, and any OTHER PERSONS or CORPORATIONS shall be civilly
liable for crimes committed in their establishments, in all cases were a violation
of municipal ordinances or some general or special police regulations shall
have been committed by them or their employees.

2. INNKEEPERS are also subsidiarily liable for the restitution of goods taken
by robbery or theft within their houses from guests lodging therein, or for
payment of the value thereof, provided that such guests shall have notified in
advance the innkeeper himself, or the person representing him, of the deposit
of such goods within the inn, and shall furthermore have followed the direction
which such innkeeper or his representative may have given them with respect
to the care of and vigilance over such goods. No liability shall attach in case of
robbery with violence or intimidation of persons unless committed by the
innkeeper’s employees. (Art. 102)
3. EMPLOYERS, TEACHERS, PERSONS, and CORPORATIONS engaged
in any kind of industry, for felonies committed by their servants, pupils,
workmen, apprentices or employees in the discharge of their duties. (Art. 103)
In the above case, the employee is insolvent and has not satisfied the civil
liability. When a person is subsidiarily liable, the defense that he acted with
the diligence of a good father of a family in choosing his employee is not
available. (Arambulo v. Meralco, 55 Phil. 115) The right to enforce the civil
liability under Article 103 is necessarily predicated upon the existence of
employer-employee relationship. (Clarianes v. Sabinosa, 15817, Dec. 12,
1958) Industry means an enterprise for gain or profit.
The conviction of the employee primarily liable is a condition sine qua non for
the employer’s subsidiary liability. (Franco v. IAC, 178 SCRA 331)

What Civil Liability Includes?

It includes the following:
1. Restitution is the return of the thing itself to the offended party, even
though it be found in the possession of a third party who has acquired it by
lawful means, saving to the latter his action against the proper person who may
be liable to him; except, in cases, when the things was acquired by the third
person in the manner and under circumstances that, by law, bar any action
for recovery, such as when the thing was acquired in a public auction. (Art.
105)
Restitution should not be ordered without a judgment of conviction in the
criminal case. The dismissal of the case at the instance of the offended party
carries with it the dismissal of the civil aspect accompanying the filing of the
criminal case. What the complainant should do is to file an entire new civil
action to recover the properties she lost. (Munsayac v. Villasor, 44555, May 14,
1990)

2. Reparation of damage caused, in case of inability of the above, he must pay

the value of the article, taking into consideration the price, if possible, and
its special sentimental value to the injured party. (Art. 106)
3. Indemnification for consequential damages include not only those
caused the injured party, but also those suffered by his family or by a third
person by reason of the crime. (Art. 107)
The items of damages to be awarded in case of death arising from crime
are:
a. Indemnity for the death of the victim.
Civil indemnity for the felonious destruction of human life, whether intentional
or accidental, is P 50,000. (Per SC Resolution adopted on Aug. 30, 1990)
b. Indemnity for loss of earning capacity of the deceased.
c. Moral damages and/or exemplary damages.
d. Attorney’s fees and expenses of litigation.
e. Interest, in proper cases. (Brinas v. People, 125 SCRA 687)
Where the crime committed is not against property, no restitution nor reparation
of the thing damaged can be done, although the offended party is entitled to
indemnification under Article 107 which includes all consequential damages
such as actual damages, attorney’s fees and moral damages. (De las Penas v.
Royal Bus Co., 23115, Dec. 7, 1959)

Civil liability of persons guilty of rape, seduction, or abduction includes, inter

alia, the acknowledgment of the child born as a consequence of the crime. (Art.
345, RPC) The acknowledgment required of the accused should be understood
to be acknowledgment merely of the filiation of the child. (People v. Rafanan,
182 SCRA 811)

The obligation to make restoration or reparation for damages and

indemnification for consequential damages devolves upon the heirs of the
person liable. The action to demand restoration, reparation, and indemnification
likewise descends to the heirs of the person injured. (Art. 108)

The principals, accomplices, and accessories, each within their respective class,
shall be liable severally (in solidum) among themselves for their quotas, and
subsidiarily for those of the other persons liable. The subsidiary liability shall
be enforced, first against the property of the principals; next, against that of the
accomplices, and lastly against that of the accessories. Whenever the liability
in solidum or the subsidiary liability has been enforced, the person by whom
payment has been made shall have a right of action against the others for the
amount of their respective shares. (Art. 110)
The civil liability herein established shall be extinguished in the same manner as
obligations, in accordance with the provisions of the Civil Law. (Art. 112)

The causes under the Civil Code are: (1) payment or performance, (2) loss of
the thing due, (3) remission, (4) merger, (5) compensation, and (6) novation.
(Art. 1161)

The offender shall remain obliged to satisfy his civil liability, even if the
offender has served his sentence or was not made to serve his sentence by
reason of pardon, amnesty or any other reason. (Art. 113)