CRIM

LAW
 CRIMINAL LAW
I. PRINCIPLES OF CRIMINAL LAW
A. GENERAL PRINCIPLES
CRIMINAL LAW – the branch of municipal law which:
1. Defines crimes
2. Treats of their nature and
3. Provides for their punishment

CRIME FELONY OFFENSE INFRACTION

The commission or A crime punished under A crime punished under a Violation of ordinances
omission of any act, which the RPC. special penal law.
is either prohibited or
compelled by law.

Co ng re ss  has the power to enact penal laws

Limitations on Legislative Powers:
Ex Post Facto Law  law which makes an act criminal though not a crime at the time of commission
Bill of Attainder  law which punishes an offender without due process
Cannot impose cruel and unusual punishment, excessive fine
Must be g eneral in application

1. Mala in se and Mala prohibita

Mala prohibita
Wrongful merely because prohibited
Mala in se by the state
Wrongful from their nature
So serious in their effects on society Violations of mere rules of convenience
Criminal intent is necessary Criminal intent is not necessary
Good faith is a valid defense Good faith is not a valid defense
There are 3 stages of execution – attempted, frustrate d There are no stages of execution
and consummated
Degree of participation is considered Degree participation is not considered
Modifying circumstances are considere d Modifying circumstances are considered

2. Applicability and effectivity of the RPC

Generality Territoriality Prospectivity

The law is binding upon all persons The law is applicable to all crimes The rule of non-retroactivity
who reside or sojourn in the committed within the limits of the applies.
Philippines , irrespective of age, sex,y. Philippine territor
color, creed or personal circumstances.
e.g.committed abroad be prosecuted in the
, adultery
Philippines. cannot

e.g., RA 9262 (VAWC) can be prosecuted here because it is a transitory or continuing offense. What is punished
vfe in
the Philippines.

iolence experienced by the wi

e.g., Failure to give support is a

se. An actionoffen
continuing for support can prosper against a foreigner husband.

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EXCEPTIONS: T-PA-PIL
1. Treaty stipulations (e.g.,
RP-US VFA)
2. Laws on Preferential
Application (e.g., members
of Congress while in session
under Congressional
Privileged Speech.)
3. Principles of Public
International Law
e,g,, ambassadors, public
ministers and their
domestic servants 
Absolute Diplomatic
Immunity (Thus, even if not
connected to his functions)
e.g., sovereigns and heads of
states, charges d’affairs and
attaches.
Vice President who went to
the Philippines to attend
oathtaking of Pres. Marcos
who committed reckless
imprudence resulting to
homicide while on his way
to the oathtaking enjoys
absolute diplomatic
immunity. Any diplomatic
agent enjoys immunity
from criminal
jurisdiction of the
receiving State EXCEPT
actions relating to
commercial or
professional activity
exercised outside his
official functions
In another case involving ADB
employee who made defamatory
rem ark s. The basis of the
immunity invoked is a contract
between the government and ADB.
SC ruled that (1) mere invocation of
immunity clause in the contract
between Government and ADB
does not ipso facto result to
immediate dropping of charges
because there is a need to
determine in what capacity when
the employee made the defamatory
remark. This is evidentiary in
nature. (2) The immunity from legal
processes contained in the contract
is not absolute. It is subject to the
condition that the act was done in
the official capacity. (3) Slandering
cannot be covered by the
immunity because it cannot be
allowed in the exercise of official
duty. It is ultra vires.
EXCEPTIONS: SCION EXCEPTION:
Extra-territoriality Principle If favorable to the offender
1. Offense committed while
on a Philippine ship or EXCEPTIONS TO EXCECPTION:
airship 1. The offender is a habitual
delinquent
a. Ship or airship must be 2. The law otherwise provides
duly registered under
Philippine laws e.g., a new law was passed, the
b. Ship or airship must not penalty for malversation was
be within the territorial reduced. Even if the judgment is
jurisdiction of another already final and executory, it can
country (meaning, it still be modified, not to tackle the
must be in the High merits, but to modify the penalty
Seas) since the new law is favorable to
the accused, thus will be applied
FOREIGN MERCHANT VESSELS retroactively.
The Ph observes the English Rule.
C rimes committed aboard a foreign NOTE: Only penal laws which are
v essel within the territorial waters substantive law which can be
o f a country are triable in the courts given retroactive effect if favorable
o f such country. EXCEPT when the to the accused. It does not apply to
c rime merely affects things within procedural law.
the vessel (internal management).
FOREIGN WAR SHIPS While RA10592 does not define a
Nationality of such warship crime or prescribe a penalty, it
determines the applicable penal provides for reduction of penalty of
laws to crimes committed therein. imprisonment. Therefore, it is
It is considered an extension of the beneficial to detained and
territory of the country to which it convicted prisoners. Thus, although
belongs. not a penal law, it can apply
retroactively.
2. F orgery or counterfeiting
o f any coin or currency
n ote of the Philippines, or
o bligations and securities
i ssued by the Philippine
government
3. Acts connected with the
introduction into the
Philippines of such
obligations and securities
Those who introduce
counterfeited items are
liable even if they were not
the ones who counterfeited
the same.
4. Offense committed by
public officers or
employees in the exercise
of their functions (bribery,
corruption, malversation)
5. Crimes against national
security and the law of
nations
Treason, espionage, inciting
to war, violation of
neutrality, flight to enemy’s
country, piracy, mutiny in
high seas, qualified piracy
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 IMPORTANT!
Diplomatic Agent  one
representing his country on
political matters. Thus, a member of
US Special Agent for Drug
Enforcement is not within this
meaning. He is not covered by the
diplomatic immunity. HOWEVER,
he is still immune from suit but not
for diplomatic immunity but based
on the doctrine of State Immunity
from Suit.
NOTE;
Ex-territoriality Principle
1. Embassy grounds
2. Government and Military
Vessels and Aircrafts
are considered as extensions of the
sovereignty of the country
occupying them. Thus, offenses
committed therein, whether by
public officers or private
individuals, are within the territory
of the Philippines.

IMPORTANT!
Generally, CONSULS (and
Commercial Attachés) are NOT
exempted.

EXCEPT:
(1) When there is Relative
Diplomatic Immunity (i.e.,
consul committed acts in
connection to his functions)
(2) If there is a treaty
stipulation granting
immunity to a consul

Theories in Criminal Law

1. Classical or Juristic Theory  when a man does something wrong, he does it knowingly and willfully.
2. Positivist or Realistic Theory  basis is retribution and reformation.
3. Mixed or Eclectic Theory  mixture of both. Apply classical for heinous crimes, and positivist for social
criems.

3. Interpretation of penal laws

 Liberally construed in favor of offender
 In cases of conflict with official translation, original Spanish text is controlling
 No interpretation by analogy

Doctrine of Pro Reo

In case of doubt, rule in favor of the accused. The penal laws should be liberally construed in favor the
accused. Connected to this is the Lenity Rule 
Whenever a penal law is to be construed or applied and the law admits of 2 interpretations – one
lenient to the offender and one strict to the offender – that interpretation which is lenient or
favorable to the offender will be adopted.

4. Retroactive effect of penal laws

Penal laws shall have retroactive effect insofar as they favor the person guilty of a felony, who is not
habitually delinquent.
 If the repeal of law makes the penalty lighter in the new law, the new law applies.
w in force at the tie of commission of the offense
 If the n ew law imposes a heavier lty, the la
applies.
 If the new law totally repeals the existing law so that the act which was penalized is no
longer punishable under the new law, the crime is obliterated, and the accused cannot be
convicted.

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B. FELONIES
1. Criminal liabilities and felonies
Elements of Felonies
1. There must be an act or omission
ACT OMISSION
Any bodily movement tending to produce some t Inaction, the failure to perform a positive duty which
i effec one is bound to do. .
n the external
world

2. The act or omission must be punishable by the RPC

3. The act is performed or the omission incurred by means of Dolo or
Culpa.
CULPA
DOLO
Deceit Fault
Involves malice or deliberate intent Results from negligence, imprudence, lack of foresight
or lack of skill
Requisites for INTENTIONAL FELONIES Requisites for CULPABLE FELONIES
IFI IFF
1. Intelligence 1. Intelligence
Moral capacity to determine what is right from 2. Freedom of action
what is wrong, and to realize the consequences 3. Fault
of his acts

2. Freedom of action
(as opposed to when under compulsion of
irresistible force or uncontrollable fear)

3. Intent to act

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 IMPRUDENCE NEGLIGENCE
Deficiency of action. Deficiency of
perception.
Involves lack of skill. Involves lack
of
foresight.

INTE MOTI
particular means
Purpose to
to use to commit
Reasonan act for
which a
impels
effect such a resul definite result
E lement of crime t NOT an element
Relevant ONLY:
1. Identity of the
accused is in
dispute
2. In ascertaining
the truth
between
antagonistic
theories or
versions of the
killing
3. I dentification of
t he accused
proceeds from
u nreliable e
4. There are no
eyewitnesse o
the e
5. Evidence
merely
c ircumstanti
MISTAKE OF FACT
 It is a misapprehension of fact on the part of the
person who caused injury to another
 The accused is not liable because he does not
act with criminal intent
 Requisites:
1. Act done would have been lawful had the
facts been as the accused believed them to
be
2. Intention of the accused should be lawful
3. Mistake must be without fault or
carelessness on the part of the accused

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Article 4. Criminal liability shall be incurred
(1) By any person committing a felony (delito) although the wrongful act done be different from that which he intended
 If a man creates in another person’s mind an immediate sense of danger, which causes such person to try to
escape, and in so doing, the latter injures himself, the man who creates such a state of mind is responsible
for the resulting injuries.
 One who commits an intentional felony is responsible for all consequences which may naturally and
logically result therefrom, whether foreseen or intended or not. (He who is the cause of the cause is the
cause
o f the evil ).

PROXIMATE CAUSE
It is that c ause, which, in natural and continuous ce, unbroken by any efficient intervening cause, produces
the injury, and without which the result would not have occurred.

E FFECTIVE INTERVENING
An effective intervening cause i nterrupts the natural flow of events leading to one’s It may relieve
the offender from liability.

a. Classification of felonies
Grave
Those to which the law attaches the
1. capital punishment or
2. afflictive penalties
Afflictive Penalties:
1. reclusion perpetua
2. reclusion temporal
3. perpetual or temporary
absolute disqualification
4. perpetual or temporary
special disqualification
5. prision mayor
6. fines of more than
1,200,000
Less Grave Light
Those which the law punishes with Those infractions of law where the
penalties which in their maximum penalty imposed is:
period are: 1. Arresto menor or
1. correctional 2. Fine not exceeding P40K or
3. Both
Correction Penalties:
1. prision correccional
arresto mayor GR: Punishable only when they
2. suspension have been consummated.
3. destierro
4. EXP: When committed against
5. Fines not less than 40,000 persons or property, they
but not more than are punishable even if
1,200,000 attempted or frustrated.

Examples:
1. Slight physical injuries
2. Theft
3. Alteration of boundary
marks
4. Malicious mischief
5. Intriguing against honor

SIGNIFICANCE:
 Whether felonies can be complexed
 Prescription of crime and prescription of penalty
 Who are liable
 Duration of subsidiary penalty, detention in case of failure to post bond to keep the peace
 P roper penalty for quasi es

b. Abberratio ictus, error in personae and praeter intentionem

Abberratio Ictus Error in Personae Praeter Intentionem
Mistake in the blow Mistake in the identity of the victim T he injurious result is greater than
that intended
m but the resulting consequence is so g
There are 2 offended parties. ` OffenderThere
intends the
is only 1injury on one
offended person,
party , but butThe
the injury
harm fell on
theanother.
is on intended victi
a mistake is committed in
ascertaining the identity of the victim. rave a wrong than what is
intended.

Penalty for the graver offense in its maximum

Penalty period.
for the lesser crime in its maximum
Mitigating
period.
circumstance under Art. 13.

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 c. Impossible crime
Article 4. Criminal liability shall be incurred
(2) By any person performing an act which would be an offense against persons or property were it not for the inhere

Requisites:
1. The act performed would be an offense against persons or property
a. Parricide, murder, homicide, infanticide, abortion, duel, physical injuries and rape
b. Robbery, brigandage, theft, usurpation, culpable insolvency, swindling and other deceits, chattel
mortgage, arson, and malicious mischief.
2. Act was done with evil intent
3. Its accomplishment is inherently impossible or that the means employed is either inadequate or ineffectual

Legal Impossibili ty Physical Impossibility Inadequate Means Ineffectual Mean s

Intended acts, even ifE ccxtraneous Insufficient Means employed did not
amount
ompleted,to a would
crime. (e.g.,t
not ircumstances unknown producetheresult
o the actor or beyond expected.
killing a dead person) hisc control prevent the
i(e.g.,
onsummationofthe
stealing check but is actually worthless as it has no fund)
ntendedcrime.

4. Act performed should not constitute a violation of another provision of the RPC

NOTE: The purpose of punishing impossible crimes is to suppress criminal propensity or criminal tendencies.

NO ATTEMPTED OR FRUSTRATED IMPOSSIBLE considered constituting a consummated

The acts performed by the offender are commit
performed all an
theoffense
acts of has a
execution e. Thethe
but does not produce offender
crimeintending
by reasonto
lready
impossibility or inadequate or ineffectual
s.
ATTEMPTED or FRUSTRATED CRIME IMPOSSIBLE CRIME
The evil intent of the offender is possible of Evi l intent of the offender cannot be accomplished.
accomplishment .
Prevented b y reason of cause or accident in which the Prevented by reason of inherent impossibility or
offender had no par t. i nadequate or ineffectual means.

PENALTY FOR IMPOSSIBLE CRIMES

Art. 59 The court, having in mid the social danger and the degree of criminality shown by the offender, shall impose
upon him the penalty of arresto menor or a fine from 200php – 500php.

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 d. Stages of execution
Formal Crimes  crimes which are consummated in one instant. There are no stages of execution. (e.g., sale of
prohibited drugs under RA 9165)

Material Crimes  crimes where there are 3 stages of execution.

CONSUMMATED
When all the elements necessary
for its execution and
accomplishment are present
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.
ATTEMPTED
When the offender commences
the commission of a felony
directly by overt acts and does
not perform all the acts of
execution which should produce
the felony by reason of some cause
or accident other than his

Already in the objective Still in the subjective phase  he

phase still has control

“all acts of execution”  Overt Acts  physical activity or

meaning nothing more is left to be deed, indicating the intention to
done by the offender commit a particular crime, more
than a mere planning or
preparation

Crimes with NO Frustrated Stage: Desistance  an absolutory cause

1. Rape which negates criminal liability
2. Arson because the law encourages a
3. Indirect bribery person to desist from committing a
4. Corruption of public crime. It must be made before all
officers the acts of execution are performed.
5. Adultery
6. Physical injury The spontaneous desistance of the
7. Theft accused is exculpatory only if made
d uring the attempted e. [Legal
Desistanc

PREPARATORY ACTS ACTS OF EXECUTION

GR: Ordinarily they are not punishable. Punishable.
EXP: Preparatory acts which are considered in
themselves by law as independent crimes are Subjective Phase  portion of the acts constituting
punishable. the crime, starting from the point where the offender
begins the commission to that point where he still has
control over his acts.

Objective Phase  the result of the acts of execution

(i.e., the accomplishment of the crime).

NOTE: If the subjective and objective phases are

present, there is consummated felony.

INDETERMINATE OFFENSE  one wherein the intent of the offender in relation to the act that he performed is ambiguous

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 e. Continuing crimes
Continuing Crimes Continued or Continuous Crimes
A single crime committed through a series of acts
Delito continuado
arising from one criminal intent or resolution. Those where 2 or more violations of the same
penal provisions are united in one and the same
The term continuing must be understood in the intent or resolution leading to the perpetration of
sense similar to that of transitory and is only the same criminal purpose or aim.
intended as a factor in determining the proper
venue or jurisdiction of the criminal action. There is unity of criminal intent.

Some acts material and essential to the crime and Examples:

requisite to the consummation occur in one
province, and some in another, the court of either
province has jurisdiction to try the case.
1. Theft of 13 cows belonging to 2 different
owners committed by the accused at the
same time and in the same place
2. Taking of 6 roosters from coop is a
single offense of theft.
3. Three penetrations occurred during one
continuing act of rape in which the
appellant was obviously motivated by a
single criminal intent (only by reason of
lustful desire to change positions inside the
room where the crime is committed).

One Larceny Doctrine

For prosecution of theft cases, the one larceny
doctrine provides that the taking of several things,
whether belonging to the same or different owners,
at the same time and place, constitutes one larceny
only so long as there is a single criminal impulse.

f. Complex crimes and composite crimes

COMPLEX CRIMES COMPOSITE CRIMES OR
COMPOUND CRIMES COMPLEX CRIME SPECIAL COMPLEX CRIMES
PROPER
When a single act is When an o ffense Those which are treated by law as single
performed by the n ecessary means indivisible offenses and with specific penalty.
offender, and it committing the
produces: other.
1. 2 or more grave
felonies
2. 1 or more grave
and 1 or more
less grave
felonies
3. 2 or more
g rave

Penalty for the most serious crime shall It is the penalty specifically provided under the
be imposed and in its maximum period Code.

Examples: Examples:
1. Direct assault with 1. Robbery with:
a. Homicide a. SPI – victim of SPI should not be the
b. Murder robber, otherwise, they are separate
c. Serious physical injuries or less crimes
serious physical injuries b. Homicide – intent to take personal
d. Tumults and other disturbances property must precede killing.
2. Estafa through falsification of public Otherwise, separate crimes are
document committed. The victim of homicide can
3. Malversation through falsification be anyone. Regardless of number of
4. Discharge of firearm with SPI or LSPI victims.
5. Grave threats with intentional abortion

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 6. Homicide with unintentional abortion c. Rape – intent to gain must precede
7. Parricide with abortion rape. The rape must be consummated.
8. Forcible abduction with rape – if there are Regardless of number of rapes.
multiple rapes, only 1 will be complexed d. Intentional mutilation, castration or
and the rest shall be separate crimes mayhem
9. Simple seduction by means of usurpation of e. Arson – robbery should precede arson,
official functions and no rape, homicide, SPI
i ntentional should be
committed. Otherwise, arson will y
b e considered as
c ircumstan
.

2. Rape with Homicide – homicide must

beybreason of or on occasion of

3. Rape with serious illegal detention or

Kidnapping with Rape – if there is an
attempted rape, it shall be considered as a
separate crime. Regardless of number of
rapes.

4. Kidnapping with:
a. Murder
b. Homicide – regardless of number of
victims killed
c. SPI
d. Rape

2. Circumstances affecting criminal liability

a. Justifying circumstances
b. Exempting circumstances
c. Mitigating circumstances
JUSTIFYING
Act of a person is said to be in
accordance with law, so that such
person is deemed not to have
transgressed the law.
EXEMPTING
Those grounds for exemption from
punishment due to absence of
voluntariness or negligence on the
part of the accused.
MITIGATING
Those which do not entirely e
fre
the actor from criminal liability, but
serve only to reduce the penalty.

NO crime.
NO criminal liability.
NO civil liability except (4).
Ordinary Mitigating
There is crime.  Susceptible of being offset
NO criminal liability. by any aggravating
There is civil liability except (4) and circumstance.
(7).
 If not offset, it produces
only the effect of applying
the penalty providing by
law in the minimum
period.

Privileged Mitigating
 Cannot be offset by
aggravating circumstances.

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  Produces the effect of
imposing the penalty
lower by one or 2 degrees
than that provided by law.

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 JUSTIFYING
1. Self Defense
Not only the defense of the
person, but also of his
rights, honor, property, and
chastity.
Slapping of face is
considered unlawful
aggression since the face
represents a person and his
dignity (defense of honor).
Unlawful Aggression
(assault or threatened
assault, or immediate and
imminent threat)
Defense must be made
during the existence of
aggression, otherwise, it is
no longer justifying.
Reasonable necessity of
the means employed
(rational equivalence
doctrine. Perfect equality or
material commensurability
is not required)
Lack of sufficient
provocation on the part of
the person defending
himself (proportionate to
the act of aggression and
adequate to stir the
aggressor)
2. Defense of Relatives
1st requisite –
indispensable. The unlawful
aggression need not exist as
a matter of fact. It can be
made to depend upon the
honest belief of the one
making a defense, as when
2 sons attacked the victim
in the belief that the latter
unlawfully attached their
father who was lying on the
floor.
3rd requisite – in case the
provocation was given by
the person attacked, the one
defending had no part in
such provocation.
Spouse, ascendant,
descendant, siblings,
relatives by affinity in the
same degree, relatives by
consanguinity within 4th
civil degree
EXEMPTING
1. Imbecility
Advanced age, but mental
development of 2-7 years
old
2. Insanity
Complete deprivation of
intelligence.
To be exempt, the insanity
must be at the time of the
commission of the felony. If
during or after trial,
suspended and committed
to the hospital.
3. Minority
15 years and below –
exempt
Above 15 and below 18 – if
with discernment, diversion
and if convicted, mitigating.
Without discernment,
exempt but subject to
diversion.
2.
18 and above – liable
4. Accident without fault or
intention of causing it
Occurrence that happens
outside the sway of our will
or lies beyond the bounds of
humanly foreseeable
consequences.
A person must perform a
lawful act, with due care,
and causes an injury by
mere accident, without fault
or intention.
5. Irresistible force
The offender uses violence
or physical force to compel
another person to commit a
crime.
The compulsion is by means
of physical force. The force
must be so irresistible as to
reduce the actor to a mere
instrument who acts not
only without will but
against his will.
6. Uncontrollable fear
The offender employs
intimidation or threat in
compelling another to
commit a crime.
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MITIGATING
1. Incomplete justifying or
exempting circumstances
Incomplete self-defense,
defense of relatives and
defense of stranger
If majority are present, it is
privileged mitigating
circumstance. Note that
unlawful aggression is
indispensable.
Incomplete state of
necessity (avoidance of
greater evil)
If any of last 2 requisites is
absent, there is only a
mitigating circumstance
Incomplete Performance
of Duty
There is no ordinary
mitigating circumstance
when the justifying or
exempting circumstance
has 2 requisites only.
Under 18 years old
Privileged mitigating
Over 70 years old
Ordinary mitigating
Age is determined at the
time of commission of crime.
3. No intention to commit so
grave a wrong
This is not applicable to
felonies where intention is
immaterial (e.g., hazing
which is malum
prohibitum).
There must be a notable
and evident disproportion
between the means
employed to execute the
criminal act and its
consequences.
4. Sufficient provocation or
threat
Any unjust or improper
conduct or act of the
offended party, capable of
exciting, inciting or
irritating anyone.
This depends on the act of
provocation, social
standing, and place and
time. It must be immediate
to the commission of the
crime.
 JUSTIFYING
3. Defense of Stranger
3rd requisite – person
defending be not induced by
revenge, resentment or
other evil motive.
Burden of Proving Self Defense
The burden of self defense must be
established by credible, clear and
convincing evidence.
4. State of Necessity
Avoidance of greater evil or
injury.
(1) Evil sought to be
avoided actually exists,
(2) the injury feared
greater than that done
to avoid it, and
(3) no other practical and
less harmful means of
preventing it.
This is the only case that
there is Civil Liability which
shall be paid by the persons
benefited.
5. Fulfillment of duty or
lawful exercise of right or
office
(1) Accused acted in the
performance of duty or
in the lawful exercise of
a right or office, and
(2) injury caused or offense
committed is the
necessary consequences
of the due performance
of the duty or the lawful
exercise of such right or
office.
Doctrine of Self Help
The owner or lawful
possessor of a thing has the
right to exclude any person
from the enjoyment and
disposal thereof. For this
purpose, he may use such
force as may be reasonably
necessary to repel or
prevent an actual or
threatened unlawful
physical invasion or
usurpation of his property.
6. Obedience to an order
issued for some lawful
purpose
(1) An order has been
issued by a superior,
EXEMPTING
The fear must be real and
imminent (not speculative)
and must be greater than or
at least equal to that
committed.
7. Prevented by an
insuperable cause
Some motive, which has
lawfully, morally, or
physically prevented a
person to do what the law
commands. (e.g. priest)
Note: Only in Accident and
Insuperable Cause that there is NO
civil liability. For others, there is
civil liability.
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MITIGATING
Sufficient means adequate
to excite a person to commit
the wrong and must
accordingly be
proportionate to its gravity.
5. Immediate vindication of
a grave offense
(1) A grave offense done to
the one committing the
f elony, his spouse,
a scendants,
descendants, siblings or
relatives by affinity.
(2) The felony committed is
in immediate
vindication of such
grave offense.
“Immediate” allows for a
lapse of time, as long as the
offender is still suffering
from the mental agony.
Grave Offense includes any
act that is offensive to the
offender or his relatives and
the same need not be
unlawful.
6. Passion or obfuscation
(1) The accused must have
acted upon an impulse,
and
(2) the impulse must be so
powerful that it
naturally produced
passion or obfuscation.
The same must arise from
lawful sentiments (not
lawlessness or revenge).
There should be no lapse of
time as to recover his
normal equanimity.
7. Voluntary surrender
Offender must not have
been actually arrested and
he surrenders to a person in
authority or agent.
Intention to surrender
without actually
surrendering is not
mitigating.
The surrender must be
spontaneous in such a
manner that it shows the
interest to surrender
unconditionally.
 JUSTIFYING EXEMPTING MITIGATING
(2) the order has lawful Voluntary
purpose and not confession
patently illegal, and Must be made in open
(3) means used to carry out court
and before the presentation
the order is lawful.
of evidence for the
prosecution.

Good faith is material, as the Plea must be on the offense

subordinate is not liable for charged. Thus, plea to a
carrying out an illegal order lesser offense is not
if he is not aware of its mitigating.
illegality and he is not
negligent. Not mitigating in culpable
felonies and in crimes
punishable by special laws.

8. Physical defect of
offender
Must restrict his means of
action, defense or
communication with others.
(e.g. deaf, dumb, blind)

9. Illness of offender
Must diminish the exercise
of his will power but should
not deprive him of the
consciousness of his acts.

10. Analogous circumstances

(e.g. outraged feeling,
impulse of jealous feeling,
esprit de corps, voluntary
restitution of property,
extreme poverty)

Circumstances which are NEITHER exempting nor mitigating

1. Mistake in the blow
2. M istake in identity
3. E ntrapment
4. O ver 18 years old
5. Performance of righteous action

d. Aggravating circumstances
Those which serve to increase the penalty imposed in its maximum period provided by law for the offense.

Kinds of Aggravating Circumstances

GENERIC (G) SPECIFIC(S) QUALIFYIN G (Q) INHERENT
Those that can generally apply
Those
to crimes. Those that
that apply only to particular change the natureThose
crimes. of thethat
crime.must of
necessity accompany the
commission of the crime.

NOTES:
 Aggravating, whether generic or qualifying, must be specifically alleged in the information and proved as
fully as the crime itself.
 When there are more than 1 qualifying aggravating circumstance, one of them shall be appreciated
as qualifying, while the others will be considered as generic.

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TAKING ADVANTAGE OF PUBLIC POSITION (G)
 May include public authorities and agents of public authorities.
 The public officer must use the influence, prestige, or ascendancy to attain his desired purpose.
 Not aggravating if inherent in the offense (e.g. malversation, falsification, and in crimes committed by
public officers under RPC)
Public Authority Agent of Person in y
Authorit
Public officer who is directly vested with Any person who, by direct provision of law or by
jurisdiction and has the power to govern and election or by appointment by competent
execute the laws. authority, is charged with the maintenance of
public order, and the protection and security of life
and property.

IN CONTEMPT OR WITH INSULT OF PUBLIC AUTHORITIES (G)

 Does not include agents.
 The crime must not be committed against the public authorities (it will constitute direct assault). Offender
must know him to be a public authority.
 The public authority must be engaged in the exercise of his functions, and despite his presence, it did not
prevent the offender from committing the criminal act

DISREGARD OF
COMMITTED RANK, AGE (G)
IN DWELLING OR SEX (S)
These circumstances
 Dwelling will
– a building or be considered
structure as 1 aggravating
exclusively used for restcircumstance
and comfort,only.
although not necessarily owned by
Applicable
 the offendedonly to crimes
party. Includesagainst persons or
dependencies, honor,
foot not property.
of staircase and enclosure. This applies even if the offender
 did not must
There enterbethe dwelling.
evidence of It is enoughintent
deliberate that the victimorwas
to offend attacked
insult inside
rank, age his own house. Offended party
or (female)
must not give provocation.
o Dwelling is not aggravating when both the offender and the offended party are occupants of the
same house, except in case of adultery in the conjugal dwelling.

ABUSE OF CONFIDENCE (G)

 Offended gives trust to the offender who later abuses the trust by committing a crime. It must be the means
of facilitating the commission of the crime.
 This requires a special confidential relationship between the offender and the victim.

OBVIOUS UNGRATEFULNESS (G)

Offender receives favors from the victim but still committed the crime.
Must be clear and manifest ingratitude

IN THE P E, IN HIS PRESENCE, W

DISCHARGEALACE OF THE OR
OF DUTIES, CHIEF
P LACE DEDICATED TO RELIGIOUS HERE PUBLIC AUTHORITIES ARE ENGAGED
(G)
 The place is aggravating r egardless of whether State or official or religious functions are ld. Chief executive
n eed not be in the e.
 Only in case of public authorities which requires that they are actually performing their public duties (in
their office)
 Offender must have intention to commit a crime when he entered the place.

NIGHTTIME; UNINHABITED PLACE; BAND (G)

 GR: Consider these as 1 aggravating e.
 EXP: When they can be distinctly perceived and can subsist independently of each other.
 These 3 are aggravating only when:
(1) It facilitated the commission of the crime
(2) They are especially sought for to insure the commission
(3) Offender took advantage thereof for purpose of impunity (to be unknown)
 It need not be especially sought for if basis is (1) or (3).
 Uninhabited place – the test is whether no help can be expected by the victim from other persons and the
offenders can easily escape punishment.
 Band – more than 3 (meaning 4) armed malefactors. All of them must be PDP. This absorbs abuse of
superior strength and use of firearms.

ON OCCASION OF CALAMITY (Q)

 The offender m ust take advantage of the , misfortune or chaotic condition.
 Conflagration, shipwreck, earthquake, or epidemic

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AID OF ARMED MEN OR PERSONS WHO INSURE OR AFFORD IMPUNITY (Q)
 Applies when armed men took part in the commission of the crime and the accused availed himself of their
a id or relied upon them when the crime was
 This d oes not apply when both accused and victim are equally
 At least 2 armed me n. They will be liable as accomplice s.
 Mere reliance to the aid is sufficient, actual aid is not necessary

RECIDIVISM (G)
 A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final
 Itjudgment
may be taken into account
of another crime regardless
embracedof inhow many title
the same yearsofhave
the intervened between the 1 st and 2nd
felonies.
 If both offenses were c ommitted on the same e, they shall be c onsidered as 1. Hence, t e
separately counted in order to constitute recidivism. Ju dgments of conviction handed down onhey e
thecannot
day shall be considered as only 1 conviction.

HABITUALITY OR REITERACION (G)

 The offender has been previously punished (served sentence) for an offen se to which the law attaches an
equal or greater penalt y or for 2 or more crimes to which it attaches a lighter penalty.
 If the same set of facts constitutes recidivism and reiteracion, the l iability of the accused should e
aggravated by recidivism which can easily be proven.

IN CONSIDERATION OF PRICE, REWARD OR PROMISE (Q)

 Both the offeror and offere The s (PDP and PI).
e are liable as principal
 Inducement must be the primary consideration. .
price, reward or promise must be for the purpose of inducing another to perform the deed

Does ne, it was g

ot apply if without previous iven voluntarily after the crime is .
In case of, this aI.
mistake in identity
BY MEANS OF INUNDATION, by the EXPLOSION,
FIRE, POISON, ggravating circumstance
STRANDING A VESSEL,willDERAILMENT
not apply to theOF
LOCOMOTIVE, OR USE OF ARTIFICE INVOLVING GREAT WASTE AND RUIN (Q)
 Applies when the offender used these as a m eans to accomplish a criminal e.
 In case of fire:
 If intent is arson, regardless if someone died, liability is for arson.
 If intent is to kill by means of fire, liability is murder as qualified by this aggravating circumstance.
 If intent is to kill, and fire was used to conceal the body, there are 2 separate crimes – murder and
arson.

EVIDENT PREMEDITATION (Q)

 The executi of the criminal act must be preceded by cool thought and reflection u pon the resolution to
carry out the criminal intent during the space of time sufficient to arrive at a calm judgment.
 The premeditation must be evident (evidence that he mediated and reflected on his intention)
 There must be a s ufficient lapse of time between the determination to commit the e and the execution
t o allow him to reflect upon his
 This is inherent in Robber y. But it can be aggravating in robbery if part of the evident premeditation is to
k ill, thus the liability is Robbery with e.
 When the victim is different from that intended, premeditation is not aggravating. (error in personae)

CRAFT (G)
 Involves intellectual trickery. The act of the accused was done in order not to arouse the suspicion of the
victim.

FRAUD (G)
 Involves direct inducement by insidious words or machinations.

DISGUISE (G)
 Resorting to any device to conceal identity.

A BUSE OF SUPERIOR STRENGTH (Q) (S)

 Purposely excessive force out of proportion to the means of defense available to the person attacked.
 There must be evidence that the a ccused were physically and that they abused such superiority.
 This applies when the weapon used is out of proportion to the defense to the offended party.
 Like nighttime, abuse of superior strength is inherent in
treachery.

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MEANS EMPLOYED TO WEAKEN THE DEFENSE (Q) (S)
 Example is when o ne suddenly casts sand or dirt upon the latter’s es and then wounds or kills him. This
is applicable only to crimes against .

TREACHERY (Q) (S)

 Offender commits a crime mploying means and methods which tend directly and specially to insure
e execution, without risk to himself arising from the defense which the offended party might . It means
that the offended party was not given opportunity to make a e.
 Rules:
 It does not always follow that if the attack was sudden and unexpected, it should necessarily be
deemed as an attack attended with treachery. The wounds show that the attack was frontal, which
indicates that the deceased was not totally without opportunity to defend himself. There was also a
prior commotion when the accused and deceased were taunting each other. (People vs. Ricky)
 Applicable only to crimes against persons
 It is not necessary that the mode of attack insures the consummation of offense (only execution)
 Treachery cannot be presumed
 The mode of attack must be consciously adopted
 The victim is not in the position to defend himself
 When the aggression is continuous, treachery must be present at the beginning of the assault.
 When the aggression is not continuous, in that there was an interruption, it is sufficient that
treachery was present at the moment the fatal blow was given.
 Treachery may be taken into account despite mistake in identity.
 Treachery absorbs:
o Abuse of superior strength
o Aid of armed men
o Band
o Nightti e
o Means to weaken defense
o Craft
o Murder by poison
o Age and sex
 Treachery cannot co-exist with passion and obfuscation where the o ffender loses his reason d
self control since in treachery, the a ttack must be consciously

IGNOMINY (S)
 A circumstance pertaining to the moral order which adds disgrace or obloquy to the material injury caused
b y the e. This refers to m oral g. It m akes the crime more humiliating or to put the
party to shame.
 Example, wrapping the genital with cogon before raping to increase pain.
 There is no ignominy when the victim is already dead when his body is dismembered.

UNLAWFUL ENTRY (G)

 Must be ameans to effect entrance , and not for escape.
 There is unlawful entry when an entrance is effected by a way not intended for the purpos e.

FORCIBLE ENTRY (BREAKING OF WALL, ROOF, FLOOR, DOOR OR WINDOW) (G)

 The circumstance is a ggravating only in those cases where the offender resorted to any of said means
e nter (not exit) the e.

A ID OF PERSONS UNDER (G)

MOTOR VEHICLES, AIRSHIPS OR OTHER SIMILAR MEANS (Q)
 The vehicle is used:
a. In going to the place of the crime
b. I n carrying away the effects and
c. In facilitating their escape.
Note, if for escape only, then not g. It should facilitate in the commission of the crime.
 Only applies to vehicles that are
motorized.

CRUELTY (Q) (S) ly, causing him

 When the cu lprit enjoys or delights in making his victim suffer slowly and
unnecessary physical pai n in the consummation of the criminal act.
 It is essential that the rong done was intended to prolong the suffering of the victim .
w .
 The i njury caused is deliberately increased by causing other
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 The other wrong is unnecessary for the execution of the purpose of the offender.
 The v ictim must still be e. If already dead, no cruelty.

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 e. Alternative circumstances
Those that must be taken into consideration as aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending the commission.

1. RELATIONSHIP
Taken into consideration when the offended party is:
a. Spouse (not common law relationships)
b. Ascendant
c. D escendant
d. L egitimate, natural or adopted sibling
e. Relative by affinity in the same degree
f. Step parents or step children
g. Adoptive parent or adopted child

MITIGATING AGGRAVATING EXEMPTING

In crimes against property (robbery,
usurpation, fraudulent insolvency,
arson)
In crimes against person (less serious
or slight physical injuries) and the
offended is a relative of lower degree
In crimes against person, when the In theft, estafa and malicious
offended is a relative of higher or mischief.
equal degree.
Here, common law
If serious physical injuries, homicide relationships apply.
or murder, even if the offended is a
relative of lower degree.

In crimes against chastity (acts of

lasciviousness), always aggravating.

2. INTOXICATION

MITIGATING AGGRAVATING
If intoxication is NOT habitual and NOT subsequent to If intoxication is habitual and intentional (subsequent
the plan to commit a felony. to the plan to commit a felony)

3. D
EGREE OF INSTRUCTION AND
Does N OT refer to y, BUT to the level of intelligence.

MITIGATING AGGRAVATING
Low degree of instruction and education. This is the When the offender avails himself of his learning in
general rule. committing the crime.

Exceptions (inherently wrong):

a. Crime against property
b. Crimes against chastity
c. Treason
d. Murder
e. Rape

f. Absolutory causes
Absolutory Causes are those where the act committed is a crime, but for reasons of public policy and sentiment, there is n
Spontaneous desistance
Accessories exempt from criminal liability
Physical injuries inflicted under exceptional circumstances
Persons exempt from criminal liability from theft, swindling, malicious mischief
Marriage of offender and offended party in cases of seduction, abduction, acts of lasciviousness and rape.

6. Instigation

ENTRAPMEN T INSTIGATION
The ways and means are resorted to for the Instigator practically induces the would-be
purpose of trapping and capturing the accused into the commission of the offense and
lawbreaker in the execution of his criminal plan himself becomes a co-principal
N OT a bar to accused’s prosecution and conviction A ccused will be acquitted
N OT absolutory cause Absolutory cause
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3. Persons liable and degree of participation
a. Principals, accomplices, and accessories
PRINCIPAL
Liable for:
1. Grave felonies
2. Less Grave felonies
3. Light felonies
PDP PRINCIPAL BY DIRECT
PARTICIPATION (personally takes
a direct part in the execution of the
act constituting the crime)
1. They participate in
criminal resolution and
2. They carried out their plan
and personally took part in
its execution by acts which
directly tended to the same
end
In conspiracy, the principal who
does not appear at the scene of the
crime is not liable (deemed
desistance). Note that generally,
conspiracy is not a crime per se.
ACCOMPLICE
Liable for:
1. Grave felonies
2. Less Grave felonies
3. Light felonies
Those persons who, not being
included in Article 17,
cooperate in the execution of
th e offense by previous
s imultaneous . principals or accomplices, take
Notes:
 As long as the
commission of the crime
is proven beyond
reasonable doubt,
determination of the
criminal responsibility
of the accomplice or
accessory may be
determined
independently of and
s eparately from
of principal by direct
participation.
 If the case of PDP is
dismissed, the case
against the accomplice
o r accessory must
be dismissed because
the liability is
subordinate
hat of the to t
 If the PDP is d, it
does not benefit the
Accomplice or
Accessory.
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ACCESSORY
Liable for:
1. Grave felonies
2. Less Grave felonies
Those, who having knowledge
of the commission of the crime,
and without having
participated therein, either as
part subsequent to its
commission in any of the
following manners:
1. B y profiting
or assisting the offender
to profit by the effects of
the crime
There must be actual
gain or material benefit.
Example, one who
received property
knowing it was stolen.
2. B y concealing
destroying the body
the crime, or the other
effects or instruments
thereof, in order to
prevent its discovery
Corpus Delicti – body or
substance of the offense.
This is a proof that a
specific offense has been
committed by someone.
3. By harboring,
concealing or assisting
in the escape of the
principals of the crime
provided that:
a. By public officer acts
with abuse of his
public functions
b. By private person,
but the offender is
g uilty of Treason,
P arricide, Murder,or
Attempt to take the
l ife of the Chief
Executive, or is
known to be
habitually guilty of
some other crime.
 PRINCIPAL
PI PRINCIPAL BY INDUCEMENT
(the inducement must be the
determining cause of the
commission of the crime)
Either by:
1. Directly forcing another to
commit a crime OR
a. Irresistible Force
b. Uncontrollable Fear
In either case, only the
principal by
inducement is liable,
while the principal by
direct participation is
exempted.
2. Directly inducing another
to commit a crime.
a. Giving price, or
offering reward or
promise
b. By words of
command In either
case, there is
collective criminal
responsibility.
ACCOMPLICE ACCESSORY
Previous Acts Accessories who are EXEMPT
e.g. lending of the weapon to the from criminal liability:
murderer knowing his criminal When the Principal is his/her:
purpose 1. Spouse
2. Ascendants
note: if the owner knew 3. Descendants
that it would be used to 4. Legitimate natural and
kill a particular person, adopted brothers and
but it was used by the sisters
murderer to another 5. Relatives by affinity
person, he will not be within the same
liable as accomplice. degrees.
Note, nephews and nieces are
Simultaneous Acts not included.
e.g. no previous agreement, but
he held the hand of the victim IMPORTANT: Even if the
while the offender attacked the accessory is related to the
victim. principal, he will NOT be
exempt when such accessory:
1. Profited by the effects of
the crime
2. Assisted the offender to
profit by the effects of
the crime

Elements if thru the use of

command:
1. One uttering the words of
command must have the
intention of procuring the
commission of the crime
2. One who made the
command must have an
ascendancy or influence
over the person who acted
3. Words used must be so
direct, efficacious, powerful
as to amount to physical or
moral coercion
4. Words must be uttered
prior to the commission
of the crime
5. The material executor of
the crime has no personal
reason to commit the
crime

Effects of acquittal of PDP

 If the one charged as PDP
was acquitted because of
lack of criminal intent or
malice, it does not affect the
liability of the PI.
 In case of mistake of
identity by PDP, the PI is
not liable.

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 PRINCIPAL ACCOMPLICE ACCESSORY
PIC PRINICPAL BY IMPORTANT: An accomplice
INDISPENSABLE COOPERATION does NOT have previous
(to cooperate means to desire or agreement or understanding or
wish in common a thing) is in conspiracy with the PDP.
1. P articipation in the (Accomplice should not
c riminal resolution participate in the criminal
( presupposes conspiracy) resolution)
2. Cooperation in the
commission of the offense ELEMENTS:
by performing another act 1. There must be
without which it would not community of design
have been accomplished. (knowing and
concurring with the
e.g. A, who lives in the US, gives B criminal design of the
poison to kill C. B used the poison PDP)
to kill C. A is a PIC. 2. He cooperates by
previous or
e.g. A provides the boat to have simultaneous acts by
transportation in an excluded supplying material or
island where the victim lives, and moral aid in the
no other available transportation. execution of the crime
3. There be a relation
If the cooperation is dispensable, between the acts of the
then the offender is merely PDP and the accomplice
accomplice.

b. Conspiracy and proposal

CONSPIRAC Y PROPOSAL
Conspiracy exists when 2 or more persons come to an agreement
Proposalconcerning
exists when
the
the
commission
person who
ofhas
a felony
decided
andtodecide
committo comm
a felo

GR: Not punishable.

EXP: In cases in which the law specially provides a penalty therefor.

e.g., treason, rebellion, insurrection, coup d’etat, sedition, espionage, etc.

As a Felony vs. As Means of Incurring Liability There is no criminal proposal when:

The person who proposes is not determined to commit the felony
Felony Manner of incurring There is no decided, concrete and formal proposal
criminal liability It is not the execution of the felony that is proposed
Conspirators should not If they actually commit
actually commit treason, treason, rebellion, etc.,
rebellion, etc. they will be liable for
such, and the conspiracy
The conspiracy is is only a manner of
punishable when they incurring liability and
a gree and decide to not anymore treated as a
commit it. separate offense.
The act of one is the act
of all.

D octrine of Implied
U nity of Design and Common
When the defendants by their acts aimed at the same
object, one performing one part and the other
performing another part so as to complete it, with a
v iew to the attainment of the same object and
a cts, though apparently independent, were in
concerted and cooperative, in dicating closeness of

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 personal association, concerted action and
concurrence of sentiments, the court will be justified in
concluding that said defendants were engaged in a
conspiracy.

Direct proof is not essential to establish conspiracy.

Conspiracy must be alleged in the information in order

that an accused may be held liable for the acts of his
co-accused.

2 Kinds of Multiple Conspiracy

1. Wheel or Circle Conspiracy
Exists when a single person or group of persons known as a hub, deals individually with another person or
group of persons known as the spokes.

2. Chain Conspiracy
Usually involves the distribution of narcotics or other contraband, in which there is successive communication and

c. Multiple offenders

Recidivism Habituality Quasi-Recidivism Habitual

A recidivist is one who, at
the time of his trial for
one crime, shall have
been
p reviously convicted y
final judgment of
another crime embraced
in the same title of the
RPC.
“at the time of his trial
for one crime”  what
is controlling is the time
of trial, not the time of
the commission of the
crime. Thus, it is
sufficient that the 2nd
offense is committed
after the commission of
the 1st offense, so long as
at the time of trial, the
accused had already
been convicted of the 1st
offense.
Delinquency
Reiteracion Any person who shall 1. Offender has been
1. The accused is on commit a felony after convicted of any
trial for an having been convicted of the crimes of
offense y final judgment,
2. He previously b efore beginning to serious or less
served sentence b erve such sentence serious physical
for another s or injuries, robbery,
offense to which while serving the same, theft, estafa or
the law attaches shall be punished by the falsification
an equal or maximum period of the [FRETSeL]
greater penalty, penalty prescribed by law 2. After that
or for 2 or more for the new felony. conviction or after
crime to which it serving his
attaches lighter sentence, and
penalty within 10 years
3. He is convicted f rom
of the new conviction or
offense release, he was
again convicted of
any of said crimes
for the 2nd time
3. After his
conviction of, or
after service
sentence for, the
second offense,
and within 10
years from his
last conviction or
last release, he
was again
convicted of any
said crimes, the
3rd time or
oftener.

Generic aggravating Generic aggravating Special aggravating Extraordinary

circumstance circumstance aggravating circumstance
circumstan
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(imposes
an
additional
penalty)

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4. Penalties
a. Imposable penalties
Art. 21. Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law prior to
its commission.

Art. 22. Retroactive effect of penal laws. - Penal Laws shall have a retroactive effect insofar as they favor the persons guilty

CRIMINAL LIABILITY UNDER THE REPEALED LAW SUBSISTS –

1. When the provisions of the former law are reenacted
2. When the repeal is by implication
3. When there is a saving clause

Art. 23. Effect of pardon by the offended party.

GENERAL RULE –
Pardon by the offended party does not extinguish the criminal liability of the offender

EXCEPTION –
Pardon by the offended party will bar criminal prosecution in the following cases (Art. 344)
1. Adultery and concubinage
2. Seduction, abduction, acts of lasciviousness
3. Rape (subsequent valid marriage will extinguish criminal liability)

Art. 24. Measures of prevention or safety which are not considered penalties. - The following shall not be considered
as penalties:
1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or
imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes
specified therein.
3. Suspension from the employment of public office during the or in order to institute proceedings.
4. Fines and other corrective measures by superior officials imposed upon their .
5. Deprivation of rights and the reparations which the civil laws may establish in penal form.

OTHER PREVENTIVE MEASURES –

1. Commitment of a drug dependent to a center for rehabilitation
2. Commitment of a child in conflict with the law to a rehabilitation center

b. Classification
ACCORDING TO NATURE

PRINCIPAL ACCESSORY
Those expressly imposed by the court in case of Those that are deemed included in the imposition of
judgment of conviction. the principal penalties

DIVISIBLE
Those which have fixed
duration and are always
divisible into 3 periods =
namely, minimum,
medium and maximum.
e.g., prison mayor
INDIVISIBL
E
Those which have no 1. Perpetual or temporary absolute
fixed duration. disqualificatio
n
e.g., death, reclusion 2. Perpetual or temporary special disqualification
perpetua, perpetual 3. Suspension from public office, the right to vote
absolute or special and be voted for, the profession or calling
disqualification, and 4. Civil Interdiction
public censure. 5. Indemnification, and
6. Forfeiture or confiscation of instruments and
proceeds of the offense

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ACCORDING TO THEIR GRAVITY

Duration
CAPITAL Death
AFFLICTIVE Reclusion perpetua 20 years +1  40 years
Reclusion temporal 12 years + 1  20 years
Perpetual or temporary a bsolute disqualification
Perpetual or temporary s pecial disqualification
Prision mayor 6 years + 1  12 years
CORRECTIONAL Prision correctional 6 months + 1  6 years
Arresto mayor 1 month + 1  6 months
Suspension 6 months + 1  6 years

except when imposed as accessory

the duration shall be that of the principal penalty.
penalty,

Destierr o 6 months + 1  6 years

LIGHT Arresto menor 1 day  30 day s
Public censure

Penalties common to the three preceding classes

Fine
Bond to keep the peace
FINES AND BONDS TO KEEP THE PEACE
AFFLICTIVE CORRECTIONAL LIGHT
If it exceeds P1,200,000 P40,000 to P1,200,000 Less than P40,000

NOTE: If it is exactly P40,000, it is

still to be considered a light penalty.

c. Duration and effects

CASES WHEN DESTIERRO IS IMPOSED
1. Serious physical injured or death under exceptional circumstances (Art. 247)
2. In case of failure to give bond for good behavior (Art. 284)
3. As a penalty for the concubine in concubinage (Art. 334)
4. In case where after reducing the penalty by one or more degrees, destierro is the proper penalty

Art. 28. Computation of penalties.

Rules observed by the Director of Prisons or the warden in computation of penalties imposed upon the convicts:
1. RULE NO. 1 when the offender is in prison - the duration of temporary penalties is from the day on which
the judgment of conviction becomes final, and not from the day of his detention.
a. This rule applies in cases of temporary penalties (e.g. temporary absolute disqualification temporary
special disqualification, and. suspension) and the offender is under detention (as when he is
undergoing preventive imprisonment)

Reason: Under Art. 24, the arrest and temporary detention of the accused is not considered a penalty.

2. RULE NO. 2 when the offender is not in prison - the duration of penalties consisting in deprivation of
liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement
of the penalty.
a. This rule applies in cases of penalties consisting in deprivation of liberty (e.g. imprisonment and
destierro) and the offender is not in prison.

3. RULE NO. 3 the d ties - the duration is from the day on which the offender
uration of other penal
to serve his sentence commences
a. This rule applies in cases of
i. (Penalties consisting in deprivation of liberty) and the offender is undergoing preventive
imprisonment; but the offender is entitled to a deduction of full time or 4/5 of the time of his
detention.
ii. (Temporary penalties) and the offender is not under detention, because the offender has been
r eleased on

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Arts. 30-35. Effects of the penalties according to their nature.
Just read and familiarize

EFFECTS OF THE PENALTIES 1. Deprivation of the public offices and employments which the offender
OF P may have held, even if conferred by popular election
ERPETUAL
TEMPORARY ABSOLUTE 2. Deprivation of the right to vote in any election for any popular elective
DISQUALIFICATION (ART. office or to be elected to such office
30) 3. Disqualification for the offices or public employments and for the
exercise of any of the rights mentioned
4. Loss of all rights to retirement pay or other pension for any office
formerly held

EFFECTS OF THE PENALTIES 1. D eprivation of the employment, profession or calling affected

OF P 2. D isqualification for holding similar or employments perpetually
ERPETUAL
TEMPORARY SPECIAL or during the term of the sentence
DISQUALIFICATION (ART.
31)

EFFECTS OF THE PENALTIES 1. D eprivation of the right to or to be elected to any public office
OF PERPETUAL OR 2. C annot hold any public office during the period of
TEMPORARY SPECIAL
D ISQUALIFICATION FOR
E XERCISE OF THE RIGHT
SUFFRAGE (ART. 32)

EFFECTS OF THE PENALTIES
OF SUSPENSION FROM ANY
PUBLIC OFFICE,
PROFESSION, OR CALLING,
OR THE RIGHT OF SUFFRAGE
(ART. 33)
1. Disqualification from holding such office or exercising such profession
or calling or right of suffrage during the term of the sentence
2. f s uspended from public ce, the offender cannot hold another office
h aving similar during the period of suspension

EFFECTS OF CIVIL 1. Deprivation of the rights of parental authority or guardianship of any

INTERDICTION (ART. 34) ward
2. D eprivation of marital
3. D eprivation of the right to manage his y and of the right to
d ispose of such y by any act or any conveyance inter vivos
a. But he can dispose of such property by will or donation mortis causa
b. He can al so manage or dispose of his property by acts inter if
done in his behalf by a judicial guardian appointed for him as an
"incompetent." (Sec. 2, Rule 92, Rules of Court)
Civil interdiction i s an accessory penalt y to the following principal penalties
1. If death is commuted to life imprisonment
2. Reclusion perpetua
3. R eclusion

EFFECTS OF BONDS TO KEEP
THE PEACE (ART 35)
1. The offender must present 2 sufficient sureties who shall undertake
that the offender will not commit the offense sought to be prevented,
and that in case such offense be committed they will pay the amount
determined by the Court, or
2. The offender must deposit such amount with the Clerk of Court to
guarantee said undertaking, or
3. The offender may be detained, if he cannot give the bond, for a period
not to exceed 6 months if prosecuted for grave or less grave felony, or
for a period not to exceed 30 days, if for a light felony.

Bond to Keep the Peace Bail Bond

Imposed as a penalty in threats. P osted for the provisional release of
pe a
rson arrested for or accused of a
crime.

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Article 36 Pardon (by the Chief Executive)
EFFECTS:
1. Shall NOT restore the right to hold public office or the right of suffra ge (unless expressly restored by
the terms of the pardon)
2. Shall N OT exempt the culprit from the payment of the civil

LIMITATIONS:
1. Can be exercised o nly after
2. N ot extend to cases of

Notes:
 Pardon in general terms does not include the accessory
penalties.
 This is different from pardon by the offended party (which does not extinguish criminal liability)

Article 38 Pecuniary Liabilities (Order of Payment)

This order of payment is applicable if the property of the offender should not be sufficient for the
payment of all his pecuniary liabilities:
1. Reparation
I of the damage caused
2. Fine
ndemnification of consequential damages
3. Costs of the proceedings
4.

ARTICLE 45 CONFISCATION AND FORFEITURE OF THE PROCEEDS OR INSTRUMENTS OF THE CRIME:

1. Every penalty imposed for the commission of a felony shall carry with it the forfeiture of: PIT
a. the proceeds of the crim e and
b. the i nstruments or tools with which it was committed.

2. GR: Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
XPN: unless they be the property of a third person not liable for the offense
XPN to the XPN: but those articles which are not subject of lawful commerce (whether belonging
to the accused or 3rd person) shall be destroyed.

NOTES:
1. Confiscation and forfeiture is an accessory penalty, thus when the penalty imposed did not include
confiscation of property, such confiscation and forfeiture is not proper as it would be tantamount to
increasing the penalty already imposed and placing the accused in double jeopardy.

2. Articles forfeited when order of forfeiture is already final cannot be returned even in the case of acquittal.

This accessory penalty presupposes a judgment of conviction; however, even if the accused is acquitted on
reasonable doubt, but the instruments or accessories are contraband, jud gment of acquittal shall
their forfeiture.

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 d. Application and graduation of penalties

ARTICLE 48. COMPLEX CRIMESintended to benefit the accused:

1. COMPOUND CRIME When a SINGLE ACT constitutes two or more GRAVE or LESS GRAVE felonies,
a. 2 or more grave felonies
b. 21or
ormore
moreless
grave andfelonies
grave 1 or more less grave felonies
c.
OR
2. COMPLEX CRIME PROPER When an offense is a NECESSARY MEANS for committing the other
the p enalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

THERE IS NO COMPLEX CRIME:

1. Continuous crimes (a single crime consisting of a series of acts, but all arising from one criminal
resolution; length of time in the commission is immaterial)
2. One offense is committed to Conceal the other
3. Other crime is an Indispensable part or an element of other offenses
4. O ne of the offenses is penalized by a Special
5. Provision provides for a Two-tiered penalty e.g.
a. Usurpation of property (Art. 312, RPC)
b. Malicious procurement of a search warrant (Art. 129, RPC)
c. Maltreatment of prisoners (Art. 235, RPC)
6. When the crimes subject of the case have Common elements
7. When the crimes involved are s ubject to the doctrine of Absorption of common es (where ingredients
of a crime form part and parcel thereof, and hence, are absorbed by the same; e.g. in cases of rebellion)
8. Where t wo offenses resulting from a single act are Specifically Punished as a single crime
9. In Special complex crime s (composite crimes treated as single indivisible offense with a specific pe nalty
10. When t here is no single act, hence punished separately, as in the following instances:
a. Several shots from a machine causing several deaths, although caused by a single act of
pressing the trigger—due to the nature and characteristics of a machine gun
b. A ct directed against two different persons even though resulting from one criminal se
a re separate and distinct
c. T wo victims—each received more than one bullet They were standing apart from
each other. Accused liable for two murders.
11. When the crimes involved cannot be legally complexed,e.g.:
a. M alicious obtention or abusive service of search warrant (Art. 129, RPC) with perjur
b. Bribery (Art. 210) with infidelity in the custody of prisoners;
c. Maltreatment of prisoners (Art. 235) with s erious physical ;
d. Usurpation of real rights (Art. 312) with se rious physical s; and
e. Abandonment of persons in danger (Art. 275) and imes against (Arts. 276-278) with
cr
any other felony.
12. IMPORTANT: Article 48 does NOT apply to acts penalized under Art. 365, RPC (Imprudence and
negligence).

Iver v. San Pedro (2010): Article 48 is a procedural device allowing single prosecution of multiple felonies.
In contrast, Article 365 is a substantive rule penalizing not an act defined as a felony but "the mental attitude
ght." Thus,
behind Article
the act, 365 was crafted
the dangerous as onelack of care or foresi
recklessness,
q.uasi-crime resulting in one or more consequences

Quasi-offenses, whether reckless or simple, are distinct species of crime, separately defined and
penalized under the framework of our penal laws and not a mere modality in the commission of a
crime.

ARTICLE 49
PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THAT
INTENDEDintended to benefit the accused

RULES:
1. If the P ENALTY prescribed for the felony committed is HIGHER than that which the accused intended
commit, the penalty corresponding to the latter shall be imposed in its maximum period.

2. If the PENALTY prescribed for the felony committed is LOWER than that which the accused intended to
commit, the penalty for the former shall be imposed in its maximum period.

APPLICABLE:
1. Cases of error in personae and the pen alty for the crime committed is different from that d
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2. When intended crime and crime actually committed are p unished with different

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NOT APPLICABLE:
1. Aberratio ictus, which is a complex me
2. Praeter intentionem because the cr ime befalls the same on; Art. 49 is not applicable where a more
serious consequence not intended by the offender befalls the same person.
3. If the acts committed by the guilty person shall also constitute an attempt or frustration of another ,
i f the law prescribes a higher penalty for either of the latter , in which case the penalty provided
for the attempt or the frustrated crime shall be imposed in its maximum period.

Articles 50-57
Penalty to be Imposed to Principals, Accomplices and Accessories
Consummated Frustrated Attempted
Principal 0 1 2
s
Accomplices 1 2 3
Accessories 2 3 4
 Principal is liable for consummated felony with the penalty imposed by law.
 Accomplice is liable for consummated felony with penalty 1 degree lower than that of the principal.
 Accessory is liable for consummated felony with penalty 2 degrees lower than that of the principal.
 And so on…

RULES FOR APPLICATION OF PENALTIES WITH REGARD TO MITIGATING AND AGGRAVATING

CIRCUMSTANCES

Aggravating Circumstances
 Maximum penalty if:
o In the commission of the crime, advantage of public position was taken by the offender (regardless
of mitigating circumstances)
o If the offense was committed by any person who belongs to an organized/syndicated crime group
(group of 2 or more persons collaborating or mutually helping one another for purposes of gain
in
the commission of crime)

Aggravating or Mitigating Circumstances Which Arise From:

1. The m oral attributes of the
2. From his p rivate relations with the offended
3. F rom any other personal
Shall o nly serve to aggravate or mitigate the liability of the principals, accomplices, and accessories to
w hom such circumstances are

Moral Attributes
A and B killed C. A acted with evident premeditation and B with passion and obfuscation. Evident
premeditation should only affect A and passion and obfuscation mitigates only B’s liability.

Private Relations
A (son of B) and C (father of B) inflicted slight physical injuries on B.
Alternative circumstance of relationship as aggravating will only be against A as the lower degree
relative of B. Alternative circumstance of relationship as mitigating will only be for C as the higher degree
relative of B.

Other Personal Cause

A (minor) and B (recidivist) committed a crime. Each will carry the corresponding additional or
mitigated penalty.

Aggravating or Mitigating Circumstances which consist:

In the m aterial execution of the act or
In the m eans employed to accomplish i t
Shall serve to ag gravate 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

Material Execution of the Crime

A induced B to kill C. B killed C using treachery not previously agreed with A. A’s liability is not aggravated
by treachery, unless A is present or had knowledge of the treachery used.

Means to Accomplish the Crime

A ordered B to kill C. B used poison without knowledge of A. Only B will suffer the aggravating
circumstance.

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Habitual Delinquency
Penalty of the last crime PLUS an additional penalty of:

Upon 3rd conviction Prison correctional in its MED and MAX periods
Upon 4th conviction Prison mayor in its MIN and MED periods
Upon 5th conviction Prison mayor in its MAX period to Reclusion temporal in its MIN period
The total of penalties to be imposes shall in NO case exceed 30 YEARS.

Habitual Delinquent
1. Check first the crimes. They must be FRETSeL:
a. Falsification
b. Robbery
c. Estafa
d. Theft
e. Serious physical injuries
f. Less serious physical injuries
2. Check if the subsequent crime is committed AFTER the conviction for the previous crime. If committed
BEFORE, no habitual delinquency.
3. Check the 10-year gap between each crime. Reckoning point is Date of Conviction which must be 10 years
from Date of Conviction of previous crime OR from Date of Release of previous crime.

RULES FOR THE APPLICATION OF PENALTIES WHICH CONTAIN 3 PERIODS

No aggravating and No mitigating MEDIUM

1 mitigating MINIMU M
1 or more aggravatin g MAXIMUM
Both mitigating and aggravat ing OFFSET
2 or more mitigating and PRIVILEGED MITIGATING
No aggravatin g

Article 69 if lack of any of the elements of exempting and justifying circumstances, provided that majority of such
conditions be present, penalty is lower by 1 or 2 degrees (privileged mitigating).

PRIVILEGED MITIGATING CIRCUMSTANCES

1. If majority of the elements required to justify or exempt are present
2. Above 15 but under 18 years old who acted with discernment (penalty reduced by 1 degree lower)
3. 2 or more mitigating circumstances and no aggravating circumstance

a. Indeterminate Sentence Law

The ISL consists of a maximum and minimum, instead of a single fixed penalty.
The prisoner must be sentenced to imprisonment for a period which is not more than the maximum an

NOTE: If ISL is applied, determine the MAX period and the MIN period subject to the following rule:
1. Determine first the imposable penalty of the crime.
2. Take into consideration the aggravating and mitigating circumstances.
3. Determine the MAX period  imposable penalty as modified by the mitigating
a nd aggravating s, if any

NOTE: The modifying circumstances are considered only in the imposition of the MA

4. Determine the MIN period  anywhere within the range of the next
lower degree, without reference to any of its period, and without taking into
consideration the circumstances.

IMPORTANT: The basis for fixing the minimum term is the prescribed penalty
and not the imposable penalty.

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ILLUSTRATION – Revised Penal Code:
Crime: Frustrated Homicide

Imposable Penalty under the RPC: Prison Mayor (since it is only frustrated, it is 1 degree lower).

Scenario 1: No mitigating and no aggravating circumstance

MAX: Prison Mayor – MED
MIN: Anywhere within the range of Prison Correctional (being the next lower degree)

Scenario 2: One (1) mitigating circumstance and no aggravating circumstance

MAX: Prison Mayor – MIN
MIN: Anywhere within the range of Prison Correctional without reference to any of its period

Scenario 3: No mitigating circumstance and one (1) aggravating circumstance

MAX: Prison Mayor – MAX
MIN: Anywhere within the range of Prison Correctional without reference to any of its period

Scenario 4: One (1) privileged mitigating circumstance

MAX: Prison Correctional – MED
MIN: Anywhere within the range of Arresto Mayor without reference to any of its period

TAKE NOTE: If Article 48 applies, the prescribed penalty for complex crime will be that penalty of the graver
offense to be imposed in the maximum.

e.g., Homicide with Direct Assault. The graver offense is homicide, so the prescribed penalty is reclusion temporal
maximum. Determine the indeterminate sentence 
MAX: Reclusion Temporal (maximum) in its proper period, depending on modifying circumstances*
MIN: Prison Mayor (maximum), in any of its period

Now, if there are modifying circumstances, the maximum period will then be divided into 3 periods.
Depending on mitigating and aggravating circumstances, the period will either be maximum-minimum,
maximum-medium or maximum-maximum.

ILLUSTRATION – Special Law:

Crime: Illegal Possession of Firearms

Imposable Penalty under Special Law: 1 year and 1 day to 8 years

MAX: Shall not exceed 8 years as fixed by law
MIN: Shall not be less than 1 year and 1 day as fixed by law
L
NOT COVERED BY
The ISL shall NOT apply in the following cases:
1. Those convicted with penalty of death or life imprisonment
NOTE: If the penalty for the crime has a minimum penalty, and the maximum penalty is death or life
imprisonment, ISLAW will still be applicable. The Court can then impose a minimum and maximum penalty
which must be less than death or life imprisonment.
Those convicted of Treason or Conspiracy/Proposal to Commit Treason
Those convicted of M isprision of Treason, Rebellion, Sedition or Espionage
Those convicted of Piracy
Habitual Delinquents
E scaped from Confinement or Evaded Sentence
V iolation of terms of conditional pardon
Maximum term of imprisonment d oes not exceed 1 year
Destierro or Suspension only
Pendency of another case
W hen application of ISL will not be favorable to the accused
Reclusion Perpetua

IMPORTANCE OF FIXING THE MAX AND MIN TERMS

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1. To determine when a prisoner is eligible for parole.
It is w hen he has served the MINIMUM penalty imposed on m.
2. To determine the sentence to be imposed when paroled prisoner vi olates any of the conditions for le
He will be r e-arrested to serve the remaining unexpired portion of the MAXIMUM .
3. To determine until when the prisoner is to stay imprisoned.
If he is not fit for release on parole, he shall continue to serve until the end of the MAXIMUM term.

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 e. Accessory penalties
ARTICLES 40-44
ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES:

Death, when not executed by reason of pardon or a. Pe rpetual absolute

commutation b. Ci vil interdiction during 30 following the
date of sentence if not expressly remitted in the
pardon.

Reclusion Perpetua and Reclusion Temporal a. C ivil interdiction for life or during the
b. Perpetual absolute disqualification unless the
expressly remitted in the pardon.

Prisión Mayor a. Temporary absolute disqualification

b. Perpetual special disqualification from the
right of suffrage, unless expressly remitted in the
pardon.

Prisión Correccional a. Suspension from public office, and from the

right to follow a profession or calling
b. P erpetual special disqualification from the
of if the duration of said
imprisonment exceeds 18 months, unless
expressly remitted in the pardon.

A rresto S uspension
a. right to hold office and
b. right of suffrage
during the term of the sentence .

Destierro—banishment or only a prohibition from NO ACCESSORY PENALTY

residing within the radius of 25 kilometers from the
actual residence of the accused for a specified length
of time; is intended more for the protection of the
accused from retaliation of the family members of the
deceased than a punishment.

f. Subsidiary imprisonment
 It is a s ubsidiary personal ty to be suffered by the convict who has NO property with
w hich to meet the e he is penalized with at the rate of one day per Minimum Wage Rate.
 The judgment for conviction must specifically impose subsidiary imprisonment in case of
insolvency
In order that this can apply, the penalty imposed must be prision correccional, arresto mayor, arresto me
The subsidiary personal liability shall not relive the convict from the fine in case his financial

circumstances should improve.

Principal penalty is prison correccional or arresto Shall NOT exceed 1/3 of the term of the sentence,
and fine and in no case shall it continue for more than 1
year

Principal penalty is only fine Shall NOT exceed 6 months (if grave or less grave
felony)

Shall NOT exceed 15 days (if light felony)

Principal penalty is higher than prision No subsidiary imprisonment

correccional

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5. Execution and service of sentence

a. Three-fold rule (3:4:40)

GR: When culprit has to serve 2 or more penalties, he shall serve them simultaneously if the nature of penalties
will so permit.

EXP: If not, successively. However, the maximum duration of the convict’s sentence shall not be more than 3
times the length of time corresponding to the most severe of the penalties imposed upon him. Such
maximum period shall not exceed 40 years.
o 3-fold rule only applies when the convict has to serve at least 4 sentences
o Applies although the penalties were imposed for different crimes, at different times, and under
separate information.
o If the sentence is indeterminate, the basis of the 3-fold rule is the maximum sentence.

b. Probation Law
P ROBATI is a di sposition under which a defendant, after conviction and sentence, is released subjectto
c .
onditions imposed by the court, and to the supervision of a probation
Probation is NOT an absolute right. It is a mere privilege whose grant rests upon the discretion of the trial court.

WHEN APPLIED FOR

1. After conviction and sentencing of a defendant for a probationable penalty AND
2. Upon application within the period of perfecting an
NOTE: If the defendant has p erfected the from the judgment of conviction, no application for
probation shall be entertained or
granted.

The waiver is not irrevocable. The offender may still withdraw his application for probation and file
an appeal if the period to do so has not yet prescribed.

Colinares Doctrine
When a judgment of conviction imposing a non-probationable penalty is appealed or reviewed, and such
ju dgment is modified through the imposition of a probationable y, the defendant shall be allowed
a pply for probation based on the modifieid before such decision becomes final. (Colinares vs. People)

RULES ON GRANT OF PROBATION

 M ere filing of application for probation operates as a waiver of the right to
 The order granting or denying probation shall not be appealable since probation is not an absolute right.
 Accessory penalties are deemed suspended once probation is granted.

DISQUALIFIED OFFENDERS
The benefits of the Decree shall not be extended to
those:
1. Sentenced to serve a maximum term of imprisonment of more than 6 years
NOTE: If multiple prison terms are imposed, it is not the totality of the prison terms which be taken into
account. It is enough that each of the prison terms does not exceed 6 years to be eligible for probation. The
imposed, when taken individually and separately, are within the probationable period.

2. Convicted of s ty
ubversion or any crime against the national
3. Previously convicted by final judgment of an offense punishable by imprisonmen t of more than 6 months
and 1 day and/or a fine more than P1,000
4. Once placed on probation
5. Already serving sentence at the time the law became applicable
6. Those who have a ppealed or were convicted of drug trafficking or drug
7. Convicted of election offenses under the OEC.

NOTE: P d. There must be an ORDER issued by the court discharging the

robation is not coterminous with the
probatio r. Only from such issuance can the case of probationer be deemed terminated.

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c. Juvenile Justice and Welfare Act
Child in Conflict with the Law (CICL) – a child (below 18 years old) adjudged as, having
who is alleged committed
as, accused of, an
or offense

Exemption from Criminal Liability

Age at the time of commission of the offense

15 years old or below

Above 15 years old but below 18
years old, acted without discernment
(ability to understand the difference
between right and wrong)
 Exempted from criminal liability
 Immediately released to the custody of his/her parents
or guardian or nearest relative
 Subjected to a community-based intervention
program, or
 If the best interest of the child requires, referred to a
youth care facility or Bahay Pagas a
Ex empted from criminal liability
Subjected to an intervention program

Above 15 years old but below 18 Subjected to diversion proceedings

y ears old, acted with discernment

NOTE: The exemption from criminal liability does not include exemption from civil liability, which shall be
enforced in accordance with existing laws.

Intervention Program Diversion Proceedings

Refers to a series of activities which are designed Refers to an alternative, child-appropriate process
of
to determining
address issuesthethat
responsibility
caused the and
childtreatment
to commitof a CICL on the basis of his social, cultural, economic, psychological
an offense. It may take the form of an individualized treatment program.

AUTOMATICE SUSPENSION OF SENTENCE

Upon CONVICTION of a child (below 18 years old)
o The court shall determine and ascertain the civil liability.
o Instead of pronouncing the judgment of conviction, the court shall place the CICL under suspended
sentence, without need of application.
o The suspension of sentence shall be applied even if the juvenile is already 18 years old or more at the
time of the pronouncement of his/her guilt.
o This provision does not make any distinction as to the nature of the offense. Thus, the automatic
suspension of sentence still applies even if the CICL is found guilty of a heinous crime (reclusion
perpetua).
o Suspension of sentence lasts only until the CICL reaches the maximum age of 21 years old.
 In People vs. Jacinto, the accused is already 25 years old at the time of promulgation. The SC
said “to give meaning to the legislative intent, the promotion of the welfare of the CICL should
extend even to one who has exceeded the age limit of 21 years old, so long as he committed the
crime when he was still a child. The age at the time of promulgation is not material. What
matters is that the offender committed the offense when he was still of tender age. Thus,
appellant may be confined in an agricultural camp or any other training y in accordance
with RA 9344”

 Upon recommendation
DISCHARGE OF of the social worker who has custody of the child, the court shall:
o dismiss the case against the child whose sentence has been suspended.
o Order the final discharge of the child if it finds that the objective of the disposition measures
been fulfilled.
 The discharge of CICL shall not affect the civil liability resulting from the commission of the offense,
which shall be enforced in accordance with the law.

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 RETURN OF CICL TO COURT
The CICL shall be brought before the court for execution of t,
 If the court finds that the objective of the disposition measures imposed upon the CICL have not been
fulfilled, or
 If the CICL has willfully failed to comply with the conditions of his/her disposition or rehabilitation
program,

If the CICL has r e, the court shall determine whether:

eached 18 years old while under suspended
1. T o discharge the
2. T o order execution of sentence
3. T o extend the suspended sentence for a certain specified period or until the child reaches the maximum
a ge of 21 years old.

CREDIT IN SERVICE OF SENTEN CE

The CICL shall be credited in the service of his sentence with the full time spent in actual commitment and
d etention under this t.

PROBATION
The court may, after is shall have convicted and sentenced a CICL, and u pon application at any place the
child in probation in lieu of service of sentence taking into the best interest of the
child.

CONFINEMENT IN AGRICULTURAL CAMPS AND OTHER TRAINING FACILITIES e, in lieu of confinement

A CICL may, after conviction and upon order of the court, be made to s erve his
in a regular penal institution, in an agricultural camp and other training that may be established,
maintained, supervised and controlled by the Bureau of Corrections, in coordination with DSWD.

CIVIL LIABILITY
The parents shall be liable for damages, unless
1. They pr ove that they were exercising reasonable supervision over the child at the time the ld
c ommitted the AND
2. They exerted reasonable effort and utmost diligent to prevent or discourage the child from committing
another offense.

LIABILITY OF PARENTS OR GUARDIANS

A person, whether parent or guardian or not, w ho knowingly or ,
1. Ai ds, causes, abets or connives with the commission by a child of a delinquency
2. Does any act producing, promoting or contributing to a child’s being or becoming a juvenile delinquent,
shall be puni shed, at the discretion of the court, by a:
a. fine
i not exceeding P500 o r
mprisonment for a period not exceeding 2 years or
b. both
c.

Offenses Exempting Children:

1. Vagrancy and prostitution
2. Mendicancy
3. Sniffing of rugby

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 d. RA 10592
PREVENTIVE IMPRISONMENT
Preventive imprisonment shall be credited in the service of their sentence as follows:
FULL 4/5
If the de tention prisoner agrees voluntarily in writin g If the detention prisoner does not agree to abide
after being informed and assisted by counsel to abide theby same disciplinary
the same rules imposed
disciplinary upon convicted
rues imposed upon prisoner
convicted prisoners.
Except:
When they are recidivists or have been convicted previously twice or more times of any crime
When upon being summoned for execution of sentence, they have failed to surrender volu n tarily.

Accused has undergone preventive imprisonment (including GCTA) for a period equal to the possible
maximum imprisonment of the offense charged  Immediate Release

The following are excluded from the benefits above:

1. Recdivists
2. Habitual delinquents
3. Escapees
4. Persons charged with heinous crimes

GOOD CONDUCT TIME ALLOWANCE (GCTA)

Deductions from the term of sentence for good behavior.
This is different from special time allowance for loyalty.

Good Conduct Time Allowance (GCTA) Special Time Allowance for Loyalty (STAL)

Allowable Deduction
Length of Sentence Allowable Deduction
When having evaded the 1/5 of the period of
Served per Month of Good
service of sentence, gives sentence
Behavior
First 2 years 20 days himself up to the
3rd-5th year authorities within 48
23 days
6th-10th year hours after proclamation
25 days
11th year onwards 30 days of passing away of the
In addition, he shall be allowed another deduction of calamity
15 days for each month of study, teaching or When he chose to stay in 2/5 of the period of
mentoring service time rendered. (Time Allowance the place of his sentence
for Study, Teaching or Mentoring – TASTM)* confinement
notwithstanding the
*TASTM is granted to a prisoner who takes: existence of a calamity or
 Formal or Non-Formal Educational Program catastrophe.
 Technical or Vocational Education Program or .
Alternative Learning System
 Developmental or Reformatory Programs

TASTM is granted to a prisoner who has a cumulative

60 hours of study, teaching or mentoring service
every month.

Who grants time allowances?

1. Director of Bureau of Corrections
2. Chief of Bureau of Jail Management and Penology and/or
3. Warden of the provincial, district, municipal or city jail.

When Case if on Appeal

A prisoner shall be entitled to GCTA or TASTM even if the case is pending appeal.

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e. Community Service Act (RA 11362; AM No. 20-06-14-SC)
It is the policy of the State to promote restorative justice and decongest jails by authorizing the court in
di scretion to require community service in lieu of service in jail for offenses y:
1. A rresto and
2. Arresto Mayor

Community Service
 Community service in the place where the crime was , under such terms as the
court shall determine, which shall be under the supervision of a probation
officer. to be
 Court shall prepare an Order imposing community service, sp ecifying the number of hours
worked and the p eriod within which to complete the e
 Community service shall consist of a ny actual physical activity which:
o inculcates civic consciousness and
o in tended towards the improvement of a public k or
o promotion of public service.
 The privilege of rendering community service shall be a vailed of only
 The application must be m ade within the period to perfect an .
 The period for community service to be rendered should not be more than the maximum
se ntence imposed by law, but not less than 1/3 .
 If accused has u ndergone preventive nt, the period shall be deducted from the term
of community
 O rder granting or denying application shall not be appealable.
 The benefit of this law shall ot be granted to a habitual t.
n

Rehabilitative
 Defendant shall li kewise be required to undergo rehabilitative counseling under the
w elfare development e of the city or municipality with the assistance of the DSWD.

Violation of terms
If defendant violates the terms of the community service, the court shall order his/her re-arrest and the
defendant shall serve the full term of the penalty, as the case may be:
 In jail, or
 I n the house of the under surveillance of an officer of the , when the court so
provides in the decision taking into consideration the health of offender and other reason
satisfactory to it.

Duty of the Court

After promulgation, it shall be the duty of the court to inform the accused of his options:
1. File an appeal Apply for probation A
2.
3. pply that the penalty be served by rendering community servic e

NOTES:
 If the accused chooses to appeal, such resort bars any application for community
service or probation.
 In the event the court denies the application for community service, and the period to
appeal has not yet lapsed, the accused may still choose to appeal the said judgment or
apply for probation.
 An accused who has applied and was g ranted in a previous is N
disqualified to apply for community service in a subsequent
Change of Penalty upon Appeal
If the accused is sentence with a penalty higher than arresto menor or arresto mayor, and pon appeal, the
cused may ,
enalty was lowered to arresto menor or arresto mayor, which became final and executory, the ac
upon written application with the court of origin, seek community service in lieu of imprisonment, which may be ac

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6. Extinction of criminal liability
TOTAL EXTINCTION
Article 89 – how criminal liability is totally extinguished
1. Death of the convict, as to the personal penalties and pecuniary penalties
a. BEFORE FINAL JUDGMENT
i. Both criminal and civil liability are extinguished
b. PENDING APPEAL
i. Both criminal and civil liability are extinguished
1. But, civil liability survives if predicated on other sources of obligation such as law,
contracts, quasi-contracts or quasi-delicts
Service of sentence
Extinguishes criminal but NOT civil liability

3. Amnesty
a. A public act that must be concurred by the Congress, granting oblivion or general pardon for a past
offense.
b. Can be granted even after conviction
c. Completely extinguishes the penalty and all its effects
d. Extinguishes criminal but NOT civil liability

4. Absolute pardon
a. PARDON BY THE OFFENDED PARTY
Does NOT extinguish criminal liability
Except in Article 266-C (valid marriage between offender and victim in rape)
Does NOT extinguish civil liability
Except when waived by offended party

b. PARDON BY THE PRESIDENT

i. Extinguishes criminal liability but NOT civil liability
ii. Restores all civil rights except right to suffrage, and right to hold public office.
(unless specifically granted in the pardon)

5. a.F
Prescription of crime
orfeiture or loss of right of the State to prosecute the offender

6. Prescription of penalty
a. Forfeiture or loss of right of the State to execute the final sentence

7. Marriage of the offended woman as provided in Article 344

PRESCRIPTION OF OFFENSE PRESCRIPTION OF PENALTY

It is the penalty prescribed by law that should be It is the penalty imposed that should be considered.
considered.

Article 90 Article 92
Dea 20 years
Reclusion Perpetua Death 20 years
Reclusion Tempora l Reclusion Perpetua
Reclusion Temporal
Other Afflictive 15
Correctional Penalties except
10Arresto
years Mayor Other Afflictive Penalties 15 years
Correctional Penalties 10 years
Arresto Mayor except Arresto Mayor
5
Libel or other similar offenses
1 year Arresto Mayor 5 years
Light penalties 1 year
O ral
S defamation 6 months Article 93
lander by deed The period shall commence to run from the date
Light offenses 2 when the culprit should evade the service of his
sentence.
Computation notes:
 A month is computed as 30-day month It shall be INTERRUPTED if the defendant should:
 February can either be 28 or 29 days 1. give himself up,
 If the last day falls on a Sunday or holiday, 2. be captured,
information cannot be filed the next day since 3. should go to foreign country which we have no
the crime has already prescribed. extradition treaty, or
4. commit another crime before the expiration of
the period of prescription.
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 Article 91 – period of prescription commence NOTES:
to run from the day on which the crime (no 1. The penalties must be i mposed by final
t pa he offender) is discovered by the offended sentence (cannot apply if the case is pending
rty, the authorities or their agents. appeal)
The period is in terrupted by the filing of the Convict must evade servic e of sentence
complaint or information (even if filed with the prosecutor’s office cor in
Where the a ccused was never
municipal courtplaced in
for preliminary investig
It c p onfinement, the period for prescription of
penalty never starts to run.
 ommences to run again when such
roceedings terminate without the accused
bor are
eing convicted or acquitted
unjustifiably stopped for any reason not imputable to him
It will not run when the offender is absent from t

he Philippines.

PARTIAL EXTINCTION
Article 94
2. Conditional
a. A c ontract between the sovereign power of the executive and the t that the executive will
release the convict upon compliance with the
condition.
b. Must be g iven after final
c. Must be ac cepted by the d
d. D oes NOT extinguish civil
e. If there is violation of condition:
i. P resident orders his re-arrest and ion OR
ii. P rosecuted under Art. 159 of
f. Convict is only liable for the violation of the condition if the violation is committed within the
unserved portion of the sentence. If committed after, he cannot be held liable for violation of
the condition.

3. Commutation of the sentence

a. R educing the degree of the penalty inflicted upon the ct OR by decreasing the length of the
i mprisonment or the amount of the e.

4. Good conduct allowances which the culprit may earn while he is serving his sentence

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7. Civil liability in criminal cases
Art. 100. Civil liability of a person guilty of felony.
Every person criminally liable for a felony is also civilly liable.

Exceptions –
1. V ictimless
2. F light to enemy y

Effect of acquittal –
Acquittal does not necessarily mean the extinction of accused’s civil liability
.
A cquittal is based on reasonable doubt as only preponderance of evidence is required
C ourt declares that the liability of the accused is only civi l
C ivil liability of the accused
does not arise from or
is not based upon the crime of which the accused is acquitted
4. The extinction of the penal action does not carry with it the extinction of the civil liability

E –
ffect of dismissal of case
This d oes not affect the right of the offended party to institute or continue the civil action already instituted

Effect of death of the offender –

If the offender dies prior to the institution of the action or prior to the finality of judgment, civil liability ex
delicto is extinguished

Art. 101. Rules regarding civil liability.

Acts of insane or minor exempt from criminal liability –
The person civilly liable is the person having legal capacity or control over them, unless it appears that
there was no fault or negligence on his or her part

If there is not fault or negligence, or even at fault but insolvent, the insane, imbecile, or minor shall respond with their ow

Acts of minors over 15 years of age who act with discernment –

The persons civilly liable are:
Father
Mother, in case of father’s death or incapacity
Guardian, in case of mother’s death or incapacity

Acts committed by persons acting under irresistible force or uncontrollable fear –

The person civilly liable is the person/s using violence or causing the fear If there be no such persons, those doing the acts

WHAT CIVIL LIABILITY INCLUDES

Art. 104. What is included in civil liability.

1. R estituti (Art. 105)

The e xact thing unlawfully taken must be even if found in the possession of the third person who
acquired it through lawful means

This generally refers to crimes against property

2. Reparation of the damage caused (Art. 106)

The co urt shall determine the amount of ge, taking into consideration the price of the thing, whenever
possible, and its s entimental

If restitution is not possible

This generally refers to crimes against property

3. Indemnification for consequential (Art. 108)

N ot only damages suffered by injured ty but also those suffered by his family or third persons by reason
of the crime

This generally refers to crimes against persons

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EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
Art. 112. Extinction of civil liability. Civil liability shall be extinguished in the same manner as other obligation in
accordance with the provisions of the Civil Law
1. Payment or performance
2. C ondonation or of the debt
3. C onfusion or of the rights of the creditor and debtor
4. Compensation
5. Novation
6. Other cause of extinguishment (annulment, rescission, fulfillment of a resolutory condition, and
prescription)

Civil liability in criminal cases is not extinguished by the loss of the thing due because reparation will
berdered
o by the
Art. 113. Obligation to satisfy civil liability. The offender shall continue to be obliged to satisfy the civil liability,
no twithstanding the fact
1. He has s erved his sentence consisting of deprivation of or other rights, or
2. He has not been required to serve the y reason
a. Amnest of:
b. Pardon
c. Commutation of sentence,
or
d. Any other reason (Probation, marriage, prescription of crime or penalty, conditional pardon, or
allowance for good conduct or loyalty)

NOTES:
 Aggravating circumstances may still be considered in determining exemplary damages, even if such
aggravating circumstances are not alleged in the informati on.
 Civil liability for violation of BP 22 is deemed instituted in the criminal cas e. The death of the accused will
not automatically extinguish the civil action.

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