THE REVISED PENAL CODE

BOOK 1
A Lecture Presentation
Atty. Renjomar C Baltazar, BSEd, PhD
Police Staff Sergeant
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CRIMINAL LAW, defined.
It is that branch or division of municipal law
which defines crimes, treats of their nature,
and provides for their punishment.

A crime is an act or omission which is

punishable under the law.
If the crime is punished by the Revised Penal
Code, it is called a felony.
If it is a violation of a Special Law, it is called an
offense.
If it is punished by an Ordinance, it is referred to
as an Infraction of an Ordinance.
Nature of Criminal Law:
1. SUBSTANTIVE LAW: It defines the State’s
right to inflict punishment and the liability of the
offenders.
Under its police power, the State is justified in
punishing crimes in order to administer
justice. The State has an existence of its own
to maintain, a conscience to assert, and moral
principles to be vindicated. Penal justice rests
primarily on the moral rightfulness of the
punishment imposed. (Albert)
2. PUBLIC LAW: It deals with the relation of
the individual with the state.
 GENERAL RULE: The power to define and
punish an act as a crime is vested with the
legislative body of government.

By way of exception to the principle of non-

delegation of legislative powers, the
power may be delegated to the Chief
Executive in cases of extreme national
emergency, as provided under Section
23, par. 2, Article VI of the 1987
Philippine Constitution.
CONSTITUTIONAL LIMITATIONS on the passage of PENAL
LAWS

1. That Congress cannot pass an ex post facto law or a bill of

attainder. (Section 22, Article III, 1987 Philippine Constitution)
• An ex post facto law is one which:
– Makes criminal an act done before the passage of the law and which
was innocent when done, and punishes such an act.
– Aggravates a crime, or makes it greater than it was, when committed.
– Changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed.
– Alters the legal rules on evidence, and authorizes conviction upon less
or different testimony than the law required at the time of the
commission of the offense.
– Assumes to regulate civil rights and remedies only but in effect imposes
penalty or deprivation of a right for something which when done was
lawful
– Deprives a person accused of a crime of some lawful protection to
which he has become entitled, such as the protection of a proclamation
of amnesty.
• BILL OF ATTAINDER. It is a legislative act which inflicts
punishment without the benefit of a judicial trial. Its essence is the
substitution of a legislative act for a judicial determination of guilt.
(Section 14, Art. III, 1987 Philippine Constitution)
OTHER CONSTITUTIONAL LIMITATIONS:

2. Penal laws must be general in application.

Otherwise, it would violate the equal
protection clause of the constitution.

3. Congress cannot provide for a cruel,

degrading or inhuman punishment nor
can it impose excessive fines. (Section
19, Art. III, 1987 Philippine Constitution)
CHARACTERISTICS OF CRIMINAL LAW
I. GENERALITY:
“Penal laws and those of public security
and safety shall be obligatory upon all
who live or sojourn in Philippine territory,
subject to the principles of public
international law.” (Article 14, New Civil
Code)
EXCEPTIONS:
1. It does NOT apply to cases covered by
the principles of public international law.
Members of the diplomatic corps of a
country who enjoy criminal immunity:
– Sovereigns and other chiefs/ heads of state.
– Ambassadors,
– ministers plenipotentiary, ministers resident,
– charges d’ affaires and
– attaches

2. Cases covered by treaty or treaty

stipulations

3. Cases covered by Laws of Preferential

Application
II. TERRITORIALITY
Penal laws take effect only within the limits of
Philippine territory. It cannot penalize a crime committed
outside the country, even if the same be committed by any
of its citizens.
The Philippine Territory is encompassed by the
provisions of Article I of the 1987 Philippine Constitution
defining the National Territory.
In this vein, the Philippines adopts the
Archipelagic Doctrine – which mandates the outlining of
imaginary lines starting from the lowest water mark and
connecting the outermost portions of the territory – in
defining the limits of the National Territory.
The entire archipelago is regarded as one integrated
unit instead of being fragmented into so many islands.
Composition of the National Territory:
1. TERRITORIAL JURISDICTION: The
jurisdiction exercised by a country over
bodies of land, as defined in the
constitution.
2. FLUVIAL JURISDICTION: The
jurisdiction over maritime and interior or
internal waters.
3. AERIAL JURISDICTION: The jurisdiction
over the atmosphere.
By Article 2 of the Revised Penal Code, our Penal laws may
also apply outside of Philippine Territory against those
who:

(a) Should commit an offense while on a Philippine ship or

airship;
If a crime is committed on board a foreign vessel and it
is a merchant vessel, there are two rules as to
jurisdiction:
1. The FRENCH RULE which states that crimes
committed on board a foreign merchant vessel while on
the waters of another country are not triable in that
country unless these affect the peace and security or the
safety of the state is endangered;
2. The ENGLISH RULE which provides that such
crimes are triable in that country unless they merely
affect the internal management of the vessel.
Our country adheres to the English Rule.
Nonetheless, we must also consider the provisions of
Section 15, Rule 110 of the 2000 Rules on Criminal
Procedure which provides:
a. The criminal action is instituted and tried in the court of
the municipality or territory where the offense was
committed or any of its essential ingredients occurred;
b. Where the crime is committed in a train, aircraft or other
private or public vehicle in the course of its trip, the
criminal action is instituted at the municipality or territory
where the same passed during its trip, including the place
of departure and arrival;
c. Where the crime is committed on board a vessel while
in the course of its voyage, the criminal action shall be
instituted in the Court of first port of entry or of any
municipality or territory where the vessel passed during the
voyage, subject to the generally accepted principles of
international law and
d. Crimes under Article 2 of the Revised Penal Code are
cognizable by the Court where the criminal action is filed.
(b) Should forge or counterfeit any coin or currency note
of the Philippines or obligations and securities issued
by the Government of the Philippines;
(c) Should be liable for acts connected with the
introduction into the Philippines of the obligations and
securities mentioned in the preceding number;
(d) While being public officers or employees, should
commit an offense in the exercise of their functions; or
(e) Should commit any of the crimes against national
security and the law of nations, defined in Title One of
Book two of the revised Penal Code.

• The underlying reasons behind these five (5) instances

are:
(a) To preserve the territorial integrity of the
Philippines; (b) To preserve the economic integrity of
the country; (c) To preserve the integrity of Philippine
public administration and (d) To maintain the continuity
& integrity of the State.
III. IRRETROSPECTIVITY OR
PROSPECTIVITY
“Laws shall have no retroactive effect, unless the
contrary is provided”. (Article 4, New Civil
Code)

This characteristic provides that the law does not

have any retroactive effect, except if it favors the
offender, unless he is a habitual delinquent.
(Article 22, Revised Penal Code). This rule also
applies to administrative rulings and circulars
(ABS CBN vs CTA 108 SCRA 142).
EXCEPTION: Whenever a new statute dealing
with the crime establishes conditions more
lenient or favorable to the accused, it can be
given a retroactive effect.
EXCEPTION to the EXCEPTION:
• Where the new law is expressly made
inapplicable to pending actions or existing
causes of action.
• Where the offender is a habitual delinquent.
A habitual delinquent is one who, within a period
of ten years from the date of his last conviction
or last release of any of the following crimes:
robbery (robo), theft (hurto), estafa or
swindling, falsification, serious and less serious
physical injuries, is found guilty of any of the
said crimes a third time or oftener. (Art. 62,
par. 5, RPC)
HOW PENAL LAWS ARE CONSTRUED:
• PRO REO: Penal Laws are liberally construed
in favor of the offender.
• Penal laws are construed strictly against the
state, but only when the law is ambiguous and
there are doubts as to its proper interpretation
(People vs. Gatchalian, 104 Phil 664)
• In case of conflict between the English Text and
the Spanish Text in the construction, the latter
text prevails
• EQUIPOISE RULE: When the evidence
presented in court is susceptible of two
interpretations, one consistent with innocence
and the other with guilt, the same should be
resolved in favor of the accused. (Corpus vs.
People, 194 SCRA 73).
SCHOOLS OF THOUGHT IN CRIMINAL LAW

CLASSICAL SCHOOL:
1. The basis of criminal liability is human free will and
the purpose of the penalty is retribution
2. That man is essentially a moral creature with an
absolute free will to choose between good and evil,
thereby placing more stress upon the effect or result
of the felonious act, than upon the man, the criminal
himself.
POSITIVIST SCHOOL:
1. That man is subdued occasionally by a strange and
morbid phenomenon which constrains him to do
wrong in spite of, or contrary to his volition.
2. That crime is essentially a social and natural
phenomenon, and as such, it cannot be treated and
checked by the application of abstract principles of
law and jurisprudence nor by the imposition of a
punishment. Rehabilitation
FELONIES

Art. 3. Definitions. – Acts and omissions

punishable by law are felonies (delitos).

Felonies are committed not only by means of

deceit (dolo) but also by means of fault
(culpa).
There is deceit when the act is performed
with deliberate intent; and there is fault
when the wrongful act results from
imprudence, negligence, lack of foresight, or
lack of skill.
Elements of Felonies, in general:
1. There must be an act or omission.
An ACT is a bodily movement tending
to produce some effect in the external
world.
An OMISSION purports inaction – the
failure to perform a positive duty which
one is obliged by law to do.
2. The act or omission is punishable by
the Revised Penal Code.
3. It is committed by means of dolo or
culpa.
Certain omissions which are punishable
under the Revised Penal Code, to wit:
1. Misprision of Treason (Art. 116)
2. Abandonment of persons in danger (Art. 275)
3. Illegal Exactions (Arts. 213, par. 2) – Failing
voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him
officially.
4. Failure of Accountable Officer to render
Accounts (Art. 218)
5. Failure of a responsible public officer to render
accounts before leaving the country (Art. 219)
6. Failure to make delivery of public funds or
property (Art. 221)
7. Rule 130, Section 21, on the Privileged
Communication Rule
Classification of felonies according to the
means they are committed:

1. INTENTIONAL FELONIES:
In this class of felony, the offender has the
intention to do or cause an injury to another.
Felonies by dolo are thus characterized by the
presence of malice in its commission.
2. CULPABLE FELONIES:
In this class, a person causes an injury, without
intent to cause an evil. Felonies by culpa are
characterized by the absence of malice.
Culpa can either arise from:
a. IMPRUDENCE:
This imports a deficiency of action –
that a person fails to take the necessary
precaution to avoid injury or damage. It
arises because of one’s lack of skill.
b. NEGLIGENCE:
This imports a deficiency of perception
– there is a failure to pay proper attention
and to use diligence in foreseeing the
injury or damage impending to be caused.
It arises because of a lack of foresight.
 Requisites of Dolo:
1. Criminal INTENT on the part of the offender.
INTENT is the purpose to use a particular means to
effect a result.
Generally, Intent is presumed from the commission of
an unlawful act.
2. FREEDOM of action in doing the act on the part of the
offender.
One who acts without freedom is no longer a human
being but a tool. Thus, if one acts under the
compulsion of an irresistible force or because of an
uncontrollable fear is criminally exempt under Art. 12,
Section 5.
3. INTELLIGENCE on the part of the offender in doing
the act.
One without intelligence necessarily does not have the
capability to determine the morality of his acts.
 Criminal intent is presumed from the
commission of an unlawful act, but not from
the proof of the commission of an act which is
not unlawful.

• “Actus non facit reum nisi mens sit rea”.

The act itself does not make a man guilty
unless his intention were so.
• “Actus me invito factus non est meus
actus”.
An act done by me against my will is not
my act.
 Criminal Intent can be categorized
into two:

1. General Criminal Intent:

This is presumed from the mere doing of a wrong
act. So this does not require proof, the burden is
upon the wrongdoer to prove that he acted without
such criminal intent.

2. Specific Criminal Intent:

This is not presumed because it is an ingredient or
element of a crime, like intent to kill in the crimes of
attempted or frustrated homicide/parricide/murder or
intent to gain in Robbery or Theft.
The prosecution has the onus probandi.
INTENT distinguished from MOTIVE:
INTENT MOTIVE
Purpose to use a Reason/ moving
particular means to power which impels
bring about a desired one to action for a
result (not a state of definite result
mind, not a reason for
committing a crime) When there is motive
If intentional, a crime in the commission of
cannot be committed a crime, it always
without intent. Intent is comes before intent.
sometimes manifested But it is not an
by the instrument used essential element of
by the offender. a crime.
 Motive, when relevant:
1. When the identity of the accused is in dispute
2. For purposes of defense
3. In determining the sanity of the accused
4. In indirect assault (Art. 249)
5. When there are no eyewitnesses and
suspicion is likely to fall on a number of suspects
6. In defense of strangers (Art. 11, par. 3)
7. When the evidence is circumstantial.
8. When there are two antagonistic versions of
the killing.
When motive not necessary:
1. The identity is known/ positive identification.
2. Where the accused admits the crime.
 MISTAKE OF FACT:

• Misapprehension of fact on the part of the person who

caused injury to another. He is not, however, criminally
liable because he did not act with criminal intent.
• Ignorantia facti excusat.

• Requisites of mistake of fact as a defense:

a. The act done would have been lawful had the facts
been as the accused believed them to be.
b. The intention of the accused in performing the act
is lawful.
c. The mistake was without fault or carelessness on
the part of the accused.

Case: People vs. Ah Chong, 15 Phil 488.

Contrasted with People vs. Oanis 74 Phil 257:
Requisites of Culpa:
1. Criminal NEGLIGENCE on the part of
the offender — The crime was the result
of negligence, reckless imprudence, lack
of foresight, or lack of skill.

2. FREEDOM of action in doing the act —

He did not act under duress.

3. INTELLIGENCE on the part of the

offender in performing the negligent act.
MALA IN SE and MALA PROHIBITA,
distinguished:
MALA IN SE:
1. Criminal liability is based on the moral trait of the
offender, thus, liability would only arise when there is
dolo or culpa in the commission of the punishable act.
2. Good faith or lack of criminal intent is a valid defense,
unless the crime is the result of culpa.
3. The degree of accomplishment of the crime is taken
into account in punishing the offender. Thus, there are
attempted, frustrated, and consummated stages in the
commission of a crime.
4. When there is more than one offender, the degree of
participation of each in the commission of the crime is
taken into account in imposing the penalty. Thus
offenders are classified as principals, accomplice, and
accessory.
MALA PROHIBITA
1. The moral trait of the offender is not
considered. It is enough that the prohibited
act be voluntarily done.
2. Good faith is not a defense.
3. The act gives rise to a crime only when it is
consummated.
4. Mitigating and aggravating circumstances are
not taken into account in imposing the
penalty, because the moral trait of the
offender is not considered.
5. The degree of participation of any offender is
not considered.
 HOW CRIMINAL LIABILITY IS INCURRED

Article 4. Criminal liability is incurred:

(a) by any person committing a felony,
although the wrongful act be different
from that intended;
(b) by any person committing any act
which would be an offense against
persons or property were it not for
the inherent impossibility of its
accomplishment or on account of the
employment of inadequate means.
Three situations covered by Article 4, paragraph 1
a. ABERRATIO ICHTUS
(Mistake in the Blow):
The case will be subject to the provisions of
Art. 48 on Complex Crimes.
b. PRAETER INTENTIONEM
(The Blow went beyond the intent):
The offender, though, may be entitled to the
mitigating circumstance of “lack of intent to
commit so grave a wrong as that committed”
under paragraph 3 of Article 13.
c. ERROR IN PERSONAE
(Mistake in the Identity of the Victim)
The penalty for the offender will be covered by
the provisions of Article 49 of the Revised
Penal Code.
 Rationale for the Rule in Article 4:
“El que es la causa de la causa es la causa del
mal causado”.
• PROXIMATE CAUSE: That cause which, in
natural and continuous sequence, unbroken by
any efficient supervening cause, produces the
injury and without which the result would not
have occurred. ( Vda. De Bataclan vs. Medina
102 Phil 181)
• A proximate cause is not necessarily the
immediate cause. This may be a cause which is
far and remote from the consequence which sets
into motion other causes which resulted in the
felony.
 When is death presumed to be the natural
consequence of the physical injuries that had
been inflicted:
1. The victim at the time the physical injuries
were inflicted was in good health
2. Death may be expected because of the
physical injuries
3. Death ensued within a reasonable time

However, the injury is NOT the DIRECT,

NATURAL and LOGICAL consequence of the
felony committed (or proximate cause):
• If the consequences produced have
resulted from a DISTINCT ACT or FACT
ABSOLUTELY FOREIGN from the criminal act.
Paragraph 2, Article 4:

IMPOSSIBLE CRIME, defined.

It is an act which would be an offense against person or

property were it not for the inherent impossibility of its
accomplishment or on account of the employment of
inadequate or ineffectual means.

Requisites of an IMPOSSIBLE CRIME:

1. The act performed would be an offense against persons

or property;
2. The act was done with evil intent;
3. Its accomplishment is inherently impossible, or that the
means employed is either inadequate or ineffectual;
4. The act performed should not constitute a violation of
another provision of the Revised Penal Code.
Nature of Impossibility:
• The inherent impossibility contemplated under
Article 4, paragraph 2 is either legal, factual or
physical impossibility.

1. Legal Impossibility
There is legal impossibility if the intended acts,
even if completed, would not amount to a felony.

2. Factual or Physical Impossibility

There is factual or physical impossibility where
extraneous circumstances unknown to the actor
or beyond his control prevent the consummation
of the intended felony. (Saturnino Intod vs.
CA et al., 215 SCRA 52).
Article 5. Duty of the court in connection with acts
which should be repressed but which are not
covered by law, and cases of excessive penalties. –
Whenever a court has knowledge of any act which it
may deem proper to repress and which is not punishable
by law, it shall render the proper decision, and shall
report to the Chief Executive, through the Department of
Justice, the reasons which induce the court to believe
that said act should be made the subject of penal
legislation.

In the same way the court shall submit to the Chief

Executive, through the Department of Justice, such
statement or report as may be deemed proper, without
suspending the execution of the sentence, when a strict
enforcement of the provisions of this code would result in
the imposition of a clearly excessive penalty, taking into
consideration the degree of malice and the injury caused
by the offense.
 STAGES OF EXECUTION
Article 6. Consummated, frustrated, and attempted
felonies. – Consummated, as well as those which
are frustrated and attempted are punishable.
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present;
and it is frustrated when the offender performs all
the acts of execution which would produce the
felony as a consequence but which, nevertheless,
do not produce it by reason of causes independent
of the will of the perpetrator.
There is an attempt when the offender commences
the commission of a felony directly by overt acts,
and does not perform all the acts which should
produce the felony by reason of some cause or
accident other than his own spontaneous
desistance.
 Stages in the development of a crime:

1. Internal Acts:
“Cogitationis poenam nemo meretur”. – No man
deserves a punishment for a thought.

2. External Acts:

Included in external acts are:

a. Preparatory Acts:
There are ordinarily NOT punishable, except when
the law provides for their punishment in certain cases.
b. Acts of execution:
These are already punishable under the Revised
Penal Code.
I. ATTEMPTED STAGE:

• There is an attempt 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 own spontaneous
desistance.

• OVERT ACTS: These refer to some physical activity

or deed, indicating the intention to commit a particular
crime, more than a mere planning or preparation,
which if carried to its complete termination following
its natural course, without being frustrated by
external obstacles or by voluntary desistance of the
perpetrator, will logically and necessarily ripen into a
concrete offense.
INDETERMINATE OFFENSE: One where the purpose of
the offender in performing an act is NOT certain. Its nature
in relation to its objective is ambiguous.

Important phrases in the Attempted

Stage of a felony:
1. Directly by overt acts: The term
comprehends the fact that the offender
MUST PERSONALLY EXECUTE the
felony
2. Does not perform all the acts of execution
3. By reason of a CAUSE or ACCIDENT
4. Other than his own spontaneous
desistance
SUBJECTIVE PHASE: That portion of the acts constituting the crime,
starting from the point where the offender BEGINS the commission of
the crime to that point where he has still CONTROL over his acts,
including their natural course.

II. FRUSTRATED FELONY:

The felony is frustrated when the offender performs all
the acts of execution that would produce the felony as a
consequence but the felony is nevertheless not
produced by reason of causes independent of the will of
the perpetrator.

Requisites:
1. The offender performs all acts of execution
2. All acts performed would produce the felony as a
consequence
3. But the felony is not produced
4. By reason of causes independent of the will of the
perpetrator.
CONSUMMATED FELONY:
When all the elements necessary for its
execution and accomplishment are
present.

When not all the elements are proved, the

consequences are:
1. The felony is NOT consummated.
2. The felony is not committed.
3. Another felony is committed.
To determine whether the crime is only attempted,
frustrated or consummated, we should consider:

A: THE NATURE OF THE CRIME:

B. THE ELEMENTS CONSTITUTING THE FELONY:

C: THE MANNER OF COMMITTING THE SAME:

1. FORMAL CRIMES: These are consummated in one
instant.
2. Crimes consummated by mere attempt or proposal by
overt act
3. Felony by omission
4. Crimes requiring the intervention of two persons to
commit them are consummated by mere agreement,
5. MATERIAL CRIMES: These have three stages of
execution
Article 7. When light felonies are punishable. – Light
felonies are punishable only when they have been
consummated, with the exception of those committed
against persons or property.

The provisions of Article 7 of the Revised Penal

Code must be discussed and interrelated with the
following other provisions of the Revised Penal
Code, viz:
Article 9 – On the Classification of Felonies according
to Gravity
Article 16 – On Persons who are criminally liable for
felonies
Article 25 – On Classification of Penalties
Article 26 – On Classification of Fines
Article 27 – On Duration of Penalties
Article 71 – The Scale for Graduating Penalties by
Degrees
Article 9. Grave felonies, less grave felonies,
and light felonies. – Grave felonies are those
to which the law attaches the capital
punishment or penalties which in any of their
periods are afflictive, in accordance with
article 25 of this Code.
Less grave felonies are those which the law
punishes with penalties which in their
maximum period are correctional, in
accordance with the above-mentioned
article.
Light felonies are those infractions of law for
the commission of which the penalty of
arresto menor or a fine not exceeding 200
pesos or both, is provided.
PERSONS CRIMINALLY LIABLE FOR
FELONIES

Art. 16: Who are criminally liable: The

following are criminally liable for grave and
less grave felonies:
1. Principals
2. Accomplices
3. Accessories

For light felonies:

1. Principals
2. Accomplices
 CLASSIFICATION OF PENALTIES

Art. 25. Penalties which may be imposed. – The penalties which may be
imposed, according to this Code, and their different classes, are
those included in the following SCALE

PRINCIPAL PENALTIES

Capital Punishment:
• Death

Afflictive Penalties:
• Reclusion Perpetua
• Reclusion Temporal
• Perpetual or temporary absolute disqualification
• Perpetual or temporary special disqualification
• Prision mayor

Correccional Penalties:
• Prision correccional
• Arresto Mayor
• Suspension
• Destierro
Light Penalties:
Arresto menor
Public censure

Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace.

ACCESSORY PENALTIES

• Perpetual or temporary absolute disqualification

• Perpetual or temporary special disqualification
• Suspension from public office, the right to vote and be voted for, the
profession or calling
• Civil interdiction
• Indemnification
• Forfeiture or confiscation of instruments and proceeds of the offense
• Payment of cost.
 Art. 26. Fine – When afflictive, correctional, or
light penalty.
A fine, whether imposed as an alternative
penalty, shall be considered an afflictive
penalty, if it exceeds 6,000 pesos.
A correctional penalty, if it does not exceed
6, 000 pesos but is not less than 200 pesos.
A light penalty, if it be less than 200 pesos.

• If the penalty is exactly P 200.00 – light – if the

prescription of the felony is in question.
• It is correctional if the prescription of the penalty
is in question.
 DURATION AND EFFECT OF PENALTIES

Art. 27. Reclusion perpetua. 20 years and 1 day to forty years.

Reclusion temporal. 12 years and 1 day to 20 years.

Prision mayor and temporary disqualification. 6 years and 1 day to 12

years, except when the disqualification is imposed as an accessory
penalty, its duration shall be that of the principal penalty.

Prision correccional, suspension and destierro. 6 months and 1 day to 6

years, except when suspension is imposed as an accessory penalty, its
duration shall be that of the principal penalty.

Arresto mayor. 1 month and 1 day to 6 months

Arresto menor. 1 day to 30 days.

Bond to keep the peace – The bond to keep the peace shall be required to
cover such period of time as the court may determine.
Art. 70. Successive service of sentence. – When the culprit has to
serve two or more penalties, he shall serve them simultaneously if
the nature of the penalties will so permit; otherwise, the following
rules shall be observed:
In the imposition of the penalties, the order of their respective severity shall
be followed so that they may be executed successively or as nearly as may
be possible, should a pardon have been granted as to the penalty or
penalties first imposed, or should they have been served out.
For the purpose of applying the provisions of the next succeeding
paragraph, the respective severity of the penalties shall be determined in
accordance with the following scale:
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correccional
6. Arresto Mayor
7. Arresto Menor
8. Destierro
9. Perpetual absolute disqualification
10. Temporal absolute disqualification
11. Suspension from public office, the right to vote and be voted
for, the right to follow profession or calling, and
12. Public censure.
 THE THREE-FOLD RULE
Notwithstanding the provisions of the rule next
preceding, the maximum duration of the convict’s
sentence shall not be more than threefold the length
of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to
which he may be liable shall be inflicted after the
sum of those imposed equals the said maximum
period.
Such maximum period shall in no case exceed forty
years.
In applying the provisions of this rule the duration of
perpetual penalties (pena perpetua) shall be
computed at thirty years. (As amended by Com. Act
No. 217)
Art. 71. Graduated scales. – In the cases in which the law prescribes a
penalty lower or higher by one or more degree than another given
penalty, the rules prescribed in Article 61 shall be observed in
graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in
which is comprised the given penalty.

The courts, in applying such lower or higher penalty, shall observe the
following graduated scales:

SCALE NO. 1

1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correccional
6. Arresto Mayor
7. Destierro
8. Arresto Menor
9. Public Censure
10. Fine
 SCALE NO. 2 (Under Article 71)

1. Perpetual absolute disqualification

2. Temporary absolute disqualification
3. Suspension from public office, the right to vote
and be voted for, and the right to follow a profession
or calling
4. Public censure
5. Fine

Article 71 provides for the scale which should be

observed in graduating the penalties by degrees in
accordance with Art. 61. Note that in Art. 71, destierro is
placed above arresto menor. The reason for this is that
destierro, being classified as a correctional penalty, is
higher than arresto menor, a light penalty. Art. 71
paragraph 2 speaks of a lower or higher penalty. Article
70 speaks of severity.
Article 8. Conspiracy and proposal to
commit felony. – Conspiracy and proposal
to commit felony are punishable only in
the cases in which the law specially
provides a penalty therefor.
A conspiracy exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or
persons.
Article 10. Offenses not subject to the provisions of this code.
Offenses which are or in the future may be punishable under
special laws are not subject to the provisions of this Code. This
Code shall be supplementary to such laws, unless the latter
should specially provide the contrary.

The following provisions of the revised Penal Code

on penalties can NOT be applied to offenses
punishable under Special Laws:
1. Article 6 on the Attempted and Frustrated Stages
of a Felony
2. Articles 18 and 19 on Accomplices and
Accessories
3. Articles 50 to 57 stating that the penalty for the
Principal in an attempted felony is two (2) degrees
lower and that in the Frustrated Degree it is one (1)
degree lower.
4. Articles 13 and 14 on Mitigating and Aggravating
Circumstances
5.Article 64 on the Rules on application of penalties
with 3 periods
 CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
• Basically, there are five (5) circumstances which affect criminal
liability:
JUSTIFYING CIRCUMSTANCES: Those where the acts of a
person are said to be in accordance with the law, so that he had
not transgressed the law, and has no criminal or civil liability, save
in Paragraph 4 of Article 11 where the civil liability is borne by the
person benefited by the act.
EXEMPTING CIRCUMSTANCES: Those where there is an
absence of the element of voluntariness, and thus, though there is
a crime, there is still no criminal liability.
MITIGATING CIRCUMSTANCES: Those that have the effect of
reducing the penalty because there is a diminution of any of the
elements of DOLO or CULPA which makes the act voluntary or
because of the lesser perversity of the offender.
AGGRAVATING CIRCUMSTANCES: Those which serve to
increase the penalty without exceeding the maximum provided by
law because of the greater perversity of the offender as shown by
the motivating power of the commission of the crime, the time and
place of its commission, the means employed or the personal
circumstances of the offender.
ALTERNATIVE CIRCUMSTANCES: Those which are either
aggravating or mitigating according to the nature and effects of
the crime and other conditions attending its commission.
Article 11. Justifying circumstances. –
The following do not incur any
criminal liability:
Paragraph 1. SELF-DEFENSE:
Anyone who acts in defense of his person or
rights, provided that the following
circumstances concur:
1. Unlawful aggression
2. Reasonable necessity of the means
employed to repel it;
3. Lack of sufficient provocation on the part
of the person defending himself.
 Art. 11, Paragraph 2. DEFENSE OF RELATIVES:
Anyone who acts in defense of the person or rights of his
spouse, ascendants, descendants, or legitimate, natural, or
adopted brothers or sisters or of his relatives by affinity in
the same degrees, and those by consanguinity within the
fourth civil degree, provided that the first and second
requisites prescribed in the next preceding circumstance are
present, and the further requisite , in case the provocation
was given by the person attacked, that the one making
defense had no part therein.

RELATIVES WHO CAN BE DEFENDED:

1. Spouse
2. Ascendants
3. Descendants
4. Legitimate or illegitimate or adopted brothers or
sisters, or relatives by affinity in the same degree
5. Relatives by consanguinity within the fourth civil
degree.
 Article 11, Paragraph 3: DEFENSE OF
STRANGERS:
Anyone who acts in defense of the person
or rights of a stranger, provided that the
first and second requisites mentioned in
the first circumstance of this article are
present and that the person defending be
not induced by revenge, resentment or
other evil motive.

• Who are strangers: Any person not included in

the enumeration of relatives mentioned in
paragraph 2 of this article is considered a
stranger for the purpose of paragraph 3.
 Article 11, Paragraph 4: AVOIDANCE
OF GREATER EVIL OR INJURY:
Any person who, in order to avoid an
evil or injury, does an act which
causes injury to another, provided that
the following requisites are present:
First. That the evil sought to be avoided
actually exists;
Second. That the injury feared be greater
than that done to avoid it;
Third. That there be no other practical or
less harmful means of preventing it.
 Article 11, Paragraph 5: FULFILLMENT OF
DUTY OR LAWFUL EXERCISE OF RIGHT
OR OFFICE:
Any person who acts in the fulfillment of
duty or in the lawful exercise of a right or
office.
Requisites:
(a) That the accused acted in the performance of
a duty or in the lawful exercise of a right or
office;
(b) That the injury caused or the offense
committed be the necessary consequence of
the due performance of duty or the lawful
exercise of such right or office. (Re: People
vs. Oanis)
 Article 11, Paragraph 6: OBEDIENCE TO AN
ORDER LAWFULLY ISSUED FOR SOME
LAWFUL PURPOSE:
Any person who acts in obedience to an
order issued by a superior for some
lawful purpose.

Requisites:
(a) That an order has been issued by a superior.
(b) That such order must be for some legal
purpose.
(c) That the means used by the subordinate to
carry out said order is lawful.
 EXEMPTING CIRCUMSTANCES

NON-IMPUTABILITY: These are the grounds for exemption from

punishment because there is wanting in the agent of the crime any of
the conditions which make the act voluntary or negligent.

Article 12. Circumstances which exempt from criminal liability.

– The following are exempt from criminal liability:

Paragraph 1:
An imbecile or an insane person, unless the latter has acted
during a lucid interval.

IMBECILITY:
One who, while advanced in age, has a mental development
comparable to that of children between two and seven years. This
circumstance is exempting in ALL CASES.
INSANITY:
This is exempting, unless one acted during a lucid interval. To
constitute insanity, there must be complete deprivation of
intelligence or that there be a total deprivation of the freedom of the
will.
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraphs 2 and 3
2. A person under nine (9) years of age.
3. A person over nine (9) years of age and under fifteen (15),
unless he has acted with discernment, in which case, such
minor shall be proceeded against in accordance with article
192 of PD 603.

NOTE: On April 28, 2006, Gloria Arroyo signed into law

Republic Act No. 9344 otherwise known as the “JUVENILE
JUSTICE and WELFARE ACT OF 2006”. The law became
effective on May 21, 2006.

Under RA 9344 minors aged fifteen (15) and below are now
absolutely exempt from criminal liability. If a minor above
fifteen (15) but below eighteen (18) commits a crime, he is
not exempt from criminal liability unless it is shown that he
acted with discernment. However, should the minor above
fifteen (15) but below eighteen be found guilty, RA 9344 also
mandates the Courts to automatically suspend the sentence.
In all cases, the minor offender must be referred to the
appropriate government agency for rehabilitation.
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraph 4 :Any person who, while
performing a lawful act with due care, causes an
injury by mere accident without fault or intention of
causing it.

Elements:
(a) A person is performing a lawful act
(b) With due care
(c) He causes injury to another by mere accident
(d) Without fault or intention of causing it. (People vs.
Vitug, 8 CAR {2s} 905, 909)

ACCIDENT: Something that happens outside the

sway of our will, and although it comes through
some act of our will, lies beyond the bounds of
humanly foreseeable consequences.
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraph 5 : irresistible force.

Elements:
• 1 physical force;
• 2 irresistible;
• 3 come from third person
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraph 6: Any person who acts under
the impulse of an uncontrollable fear of an equal or
greater injury.

Elements:
a. That the threat which caused the fear is of an evil greater
than or at least equal to, that which he is required to
commit.
b. That it promises an evil of such gravity and imminence
that the ordinary man would have succumbed to it. (US
vs Elicanal, 35 Phil 209)

• A person is compelled to commit a crime by another, but

the compulsion is by means of intimidation or threat,
not by force or violence. (Otherwise, the accused would
be liable for Grave Coercion)
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraph 7: Any person who fails to
perform an act required by law, when prevented by
some lawful or insuperable cause.
Elements:
a. An act is required by law to be done.
b. A person fails to perform such act/s.
c. The failure to perform the act was due to some lawful or insuperable cause.

LAWFUL CAUSE: Privileged Communication Rule – Under the Rules on

Evidence, certain persons in a relationship (such as that between spouses or
between an Attorney and his Client) are prohibited from testifying in Court as to
any information that the parties received, during the existence of the said
relationship. The information so received is considered privileged
communication, and thus causes a lawful cause to exempt a person from
criminal liability should he not divulge the information, even on pain of criminal
prosecution.

INSUPERABLE CAUSE: The distance which prevented an officer from

transporting an arrested person to the nearest authorities exempts the officer
from liability for a Violation of the provisions of Article 125 of the Revised Penal
Code punishing the crime called Delay in the Delivery of the Detained Prisoners
to the Proper Judicial Authorities.
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Classes:
1. Ordinary Mitigating Circumstances: Those enumerated in
subsections 1 to 10 of Article 13.
2. Privileged Mitigating Circumstances:
a. Article 68: The penalty to be imposed upon a person under 18
years of age:
nine (9) but under fifteen (15), with discernment – A discretionary
penalty is imposed but ALWAYS LOWER by TWO degrees.
Over fifteen (15) and under eighteen (18) – The penalty NEXT
LOWER than that imposed by law, but always in the proper period.
b. Article 69: The penalty to be imposed when the crime is not
wholly excusable: One or TWO degrees
c. Article 64: Rules for the application of penalties with three
periods: Determine whether there are present mitigating or
aggravating circumstances – Thus: Where there are two (2)
mitigating circumstances without any aggravating circumstances,
the penalty NEXT LOWER shall be imposed, according to the
number and nature of such circumstance.
d. PRIVILEGED MITIGATING CIRCUMSTANCES applicable only
to particular crimes
 The following are the Mitigating circumstances:
Article 13, Paragraph 1: Those mentioned in the preceding
chapter, when all the requisites necessary to justify the act or
to exempt from criminal liability in the respective cases are not
attendant

Article 13, Paragraph 2: That the offender is under 18 years of

age or over 70 years. In the case of the minor, he shall be
proceeded against in accordance with article 192 of PD 603.

This provision contemplates the following:

• An offender over 9 but under 15 years of age who acted with
discernment.
• An offender 15 or over but under 18 years of age (Art. 68)
• An offender who is over 70 years old.

Article 13, Paragraph 3: That the offender had no intention to

commit so grave a wrong as that committed.
– This is covered by the circumstance referred to as Praeter
Intentionem – or that “the blow went beyond the intent”.
 MITIGATING CIRCUMSTANCES

Article 13, Paragraph 4: That

sufficient provocation or threat on
the part of the offended party
immediately preceded the act.

• PROVOCATION: Any unjust or improper conduct or act

of the offended party, capable of exciting, inciting or
irritating any one.
• Requisites:
• That the provocation must be sufficient.
• It must originate from the offended party.

• The provocation must be immediate to the act, i.e., to the

commission of the crime by the person who is provoked.
 MITIGATING CIRCUMSTANCE

Article 13, Paragraph 5: That the act was

committed in the immediate vindication of a grave
offense to the one committing the felony (delito),
his spouse, ascendants, descendants, legitimate or
illegitimate or adopted brothers or sisters, or
relatives by affinity within the same degree.
• Requisites:
• That there be a grave offense done to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or
sisters, or relatives by affinity within the same degrees.

• The felony is committed in vindication of such grave

offense. A LAPSE OF TIME is allowed between the
vindication and the doing of the grave offense.
 MITIGATING CIRCUMSTANCE
Article 13, Paragraph 6: That of having acted upon an impulse so
powerful as naturally to have produced passion or obfuscation.

Reason: When there are causes naturally producing in a person

powerful excitement, he loses his reason and self-control, thereby
diminishing exercise of his will power. (US vs. Salandanan, 1 Phil
464)

• Passion or obfuscation is mitigating only when the same arose from

lawful sentiments. It is NOT mitigating when:
(a) The act is committed in a spirit of lawlessness;
(b) The act is committed in a spirit of revenge.

Requisites:
• There must be an act, both unlawful and sufficient to produce such a
condition of mind and
• Said act, which produced the obfuscation, was not far removed from
the commission of the crime by a considerable length of time, during
which the perpetrator may recover his equanimity.
 MITIGATING CIRCUMSTANCE

• Article 13, Paragraph 7: That the

offender had voluntarily surrendered
himself to a person in authority or his
agents, or that he had voluntarily
confessed his guilt before the court
prior to the presentation of evidence for
the prosecution.
There are two mitigating circumstances in
this paragraph:
• Voluntary surrender to a person in
authority or his agents;
• Voluntary plea of guilt.
 MITIGATING CIRCUMSTANCE

Article 13, Paragraph 8: That the offender is deaf and

dumb, blind, or otherwise suffering some physical
defect which thus restricts his means of action,
defense or communication with his fellow beings.

Article 13, Paragraph 9: Such illness of the offender as

would diminish the exercise of the will power of the
offender without however depriving him of the
consciousness of his acts.
Requisites:
• The illness of the offender must diminish the exercise
of his will power.
• That such illness should not deprive the offender of
the consciousness of his acts.
 MITIGATING CIRCUMSTANCE

• Article 13, Paragraph 10: Any other

circumstance of a similar nature and
analogous to the aforementioned.

This provision authorizes the Court to

consider in favor of the accused “any other
circumstance of a similar nature and
analogous to those mentioned” , with
reference to the provisions of paragraphs
1 to 9 of Article 13.
 AGGRAVATING CIRCUMSTANCES
Four Kinds of Aggravating Circumstances:

1.GENERIC: Those that can generally apply to all crimes.

e.g. Dwelling, nighttime, or recidivism
In Article 14, paragraphs 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, 20
except “by means of motor vehicles” are generic.
2. SPECIFIC: Those that apply only to particular crimes.
e.g. Ignominy in crimes against Chastity or cruelty and treachery in
crimes against Persons. Thus, Paragraph 3 (except dwelling), 15, 16,
17, and 21, of Art. 14 are specific.
3. QUALIFYING: Those that change the nature of the crime.
e.g. Alevosia (treachery) or evident premeditation; Article 248 also
enumerates the Qualifying Aggravating Circumstances which qualify
Homicide to Murder.
4. INHERENT: Those that must of necessity accompany the commission
of the crime. (Art. 62, paragraph 2)
e.g. Evident Premeditation is inherent in Robbery, Theft, Estafa,
Adultery and Concubinage.
 AGGRAVATING CIRCUMSTANCES
Article 14, Paragraph 1. That advantage be taken by the
offender of his public position.

• The Public Officer MUST use the INFLUENCE, prestige of

ascendancy, which his office gives him as the means by which he
realizes his purpose. The Question is: “Did the accused abuse his
office in order to commit the crime?”

Article 14, paragraph 2: That the crime be committed in

contempt of or with insult to the public authorities.
Requisites:
• The public authority is engaged in the discharge of his duties.
• He who is thus engaged in the exercise of his functions is NOT the
person against whom the crime is committed;
• The offender knows of the identity of the public authority.
• The presence had not prevented the offender from committing the
criminal act.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 3: That the act be committed with insult or
in disregard of the respect due to the offended party on
account of his rank, age, or sex, or it be committed in the
dwelling of the offended party, if the latter has not given
provocation.

Insult or disregard of respect on account of:

1. The rank of the offended party:
There must be a difference in the social condition of the
offender and the offended party.
2. The age of the offended party:
This applies where the victim is of tender age or old age and is
not aggravating in Robbery with Homicide or other crimes
against property.
3. Sex:
This is NOT considered:
(a) When the offender acted with passion and obfuscation;
(b) When there exists a relationship between the offended
party and the offender;
 AGGRAVATING CIRCUMSTANCE
• DWELLING: A building or structure exclusively used
for rest and comfort. A “combination house and store” or
a market stall where the victim slept is NOT a dwelling.
And Dwelling should not be understood in the concept of
domicile.
• Evidence must clearly show that the defendant entered
the house of the deceased to attack him (People vs.
Manuel, 29 SCRA 337).
• A condition sine qua non is that the offended party “has
not given provocation” to the offender.
• Meaning of provocation in the aggravating
circumstance of dwelling – The Provocation must be:
1. Given by the owner of the dwelling;
2. Sufficient and
3. Immediate to the commission of the crime.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 4: That the act be committed
with (1) abuse of confidence or (2) obvious
ungratefulness.
• ABUSE OF CONFIDENCE: Exists only when the
offended party has TRUSTED THE OFFENDER who
later abuses such trust by committing the crime. The
abuse of confidence must be a means of facilitating the
commission of the crime, the culprit taking advantage of
the offended party’s belief that the former would NOT
abuse said confidence.
Requisites:
• The offended party has trusted the offender.
• The offender abused such trust by committing a crime
against the offended party.
• The abuse of confidence facilitated the commission of
the crime.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 5: That the crime be committed in the
Palace of the Chief Executive, or in his presence, or where public
authorities are engaged in the discharge of their duties, or in a
place dedicated to religious worship.

Article 14, Paragraph 6: That the crime be committed (1) in the

nighttime or (2) in an uninhabited place, or (3) by a band,
whenever such circumstances may facilitate the commission of
the offense.
• If they concur in one and the same felony, there is only ONE
aggravating circumstance unless the elements are distinctly
perceived and can subsist independently, revealing a greater degree
of perversity.
• Nighttime, uninhabited place, and by a band, when aggravating:
1. When it facilitated the commission of the crime;
2. When especially sought for by the offender to insure the
commission of the crime or for the purpose of impunity;
3. When the offender took advantage thereof for the purpose of
impunity.
• NIGHTTIME: That period of darkness beginning at the end of dusk
and ending at dawn. Nights are from sunset to sunrise. (Art. 13, New
Civil Code)
 AGGRAVATING CIRCUMSTANCE
UNINHABITED PLACE: One where there are no
houses at all, a place at a considerable distance
from town, or where the houses are scattered at
a great distance from each other.

BY A BAND: Whenever more than three armed

malefactors shall have acted together in the
commission of an offense, it shall be deemed to
have been committed by a band. If one of the
four (4) armed persons is a principal by
inducement, they do not form a band.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 7: That the crime be

committed on the occasion of a
conflagration, shipwreck, earthquake,
epidemic, or other calamity or misfortune.
Article 14, Paragraph 8: That the crime be
committed with the aid of armed men or
persons who insure or afford impunity.
• Requisites:
• Armed men took part in the commission of
the crime, directly or indirectly.
• The accused availed of their aid or relied
upon them when the crime was committed.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 9: That the accused is a recidivist.

• RECIDIVIST: One who, at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime
embraced in the same title of the Revised Penal Code.

Article 14, Paragraph 10: That the offender has been previously
punished for an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it attaches a
lighter penalty.

• Requisites of REITERACION or HABITUALITY:

1. The offender is on trial for an offense;

2. He previously served sentence for another offense to which the
law attaches an EQUAL or GREATER penalty, or for 2 or more
crimes to which it attaches a lighter penalty than that for the new
offense.
3. He is convicted of the new offense.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 11: That the crime

be committed in consideration of a
price, reward, or promise.

Article 14, Paragraph 12: That the crime

be committed by means of inundation,
fire, poison, explosion, stranding of a
vessel or intentional damage thereto,
derailment of a locomotive, or by the
use of any other artifice involving great
waste and ruin.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 13: That the act be
committed with the evident premeditation.

• To prove evident premeditation, the

following requisites must be proven:
1. The time when the accused determined to
commit the crime.
2. An act manifestly indicating that the
accused has clung to his determination and
3. A sufficient lapse of time between such
determination and execution, to allow him to
reflect upon the consequences of his act and
allow his conscience to overcome the
resolution of his will.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 14: That (1) craft,
(2) fraud, or (3) disguise be employed.

Article 14, Paragraph 15: That

advantage be taken of superior
strength, or means be employed to
weaken the defense.
• To take advantage of superior strength
means to USE PURPOSELY
EXCESSIVE FORCE out of proportion
to the means of defense available to the
person attacked.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 16: That the act

be committed with treachery (alevosia).
There is treachery when the offender
commits any of the crimes against the
person, employing means, methods or
forms in the execution thereof which
tend directly and specially to insure its
execution, without risk to himself
arising from the defense which the
offended party might make.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 17: That means be
employed or circumstances brought about
which add ignominy to the natural effects of
the act.
• IGNOMINY: Circumstance pertaining to the
moral order, which adds disgrace and obloquy
to the material injury caused by the crime.
• This is applicable to crimes against chastity,
less serious physical injuries, light or grave
coercion, and murder.
Article 14, Paragraph 18: That the crime be
committed after an unlawful entry.
• UNLAWFUL ENTRY: When an entrance is
effected by a way not intended for the purpose.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 19: That as a
means to the commission of a crime a
wall, roof, floor, door, or window be
broken.

Article 14, Paragraph 20: That the

crime be committed (1) with the aid of
persons under fifteen years of age, or
(2) by means of motor vehicle,
airships, or other similar means.
 AGGRAVATING CIRCUMSTANCES

Article 14, Paragraph 21: That the

wrong done in the commission of the
crime be deliberately augmented by
causing other wrong not necessary for
its commission.
• CRUELTY: When the culprit enjoys and
delights in making his victim suffer
slowly and gradually, causing him
unnecessary physical pain in the
consummation of the criminal act.
 ALTERNATIVE CIRCUMSTANCES
Art. 15: Alternative Circumstances: Those which
must be taken into consideration as aggravating or
mitigating according to the nature and effects of the
crime and other conditions attending its
commission.
• 1. RELATIONSHIP:
• This is taken into consideration when the offended party
is:
1. spouse
2. ascendant
3. descendant
4. legitimate/ illegitimate brother or sister
5. relative by affinity in the same degree as the offender
ALTERNATIVE CIRCUMSTANCES
2. INTOXICATION:
• It is mitigating (1) if not habitual, or (2) if not subsequent
to the plan to commit a felony.
• It is aggravating (1) if habitual or (2) intentional.
• It is considered intentional if the offender drinks liquor
fully knowing its effects, to find in the liquor a stimulant to
commit a crime or a means to suffocate any remorse
and the habit, however, should be actual and confirmed.
• To be entitled to this mitigating circumstance, it must be
shown that:
(a) At the time of the commission of the criminal act, he
has taken such quantity of alcoholic drinks as to blur his
reason and deprive him of a certain degree of control
and
(b)Such intoxication is not habitual, nor subsequent to
any plan to commit a felony.
ALTERNATIVE CIRCUMSTANCES
3. DEGREE OF INSTRUCTION AND
EDUCATION OF THE OFFENDER:
• A low degree of education or the lack of it is
generally mitigating in all crimes EXCEPT:
1. It is not mitigating in crimes against property,
such as Theft, Estafa, Robbery and Arson;
2. Not mitigating in crimes against Chastity
(Adultery);
3. Not mitigating in Treason as love of country is
the natural feeling of every citizen;
4. Not mitigating in murder.
 Art. 17. PRINCIPALS
1. Those who take a direct part in the
execution of the act;

2. Those who directly force or induce

others to commit it;

3. Those who cooperate in the

commission of the offense by another
act without which it would not have
been accomplished.
 Art. 18. ACCOMPLICES
These are persons who, not being
included in Art. 17, cooperate in the
execution of the offense by previous or
simultaneous acts.

• QUASI-COLLECTIVE CRIMINAL
RESPONSIBILITY: This comprehends a
situation where some are principals while
the others are accomplices.
 Art. 19. ACCESSORIES
• Accessories are those who, having knowledge of
the commission of the crime, and without having
participated therein, either as principals or
accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by
the effects of the crime;
2. By concealing or destroying the body of the crime or the
effects or instruments thereof, in order to prevent its
discovery;
3. By harboring, concealing, or assisting in the escape of the
principal of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of the
crime is guilty of treason, parricide, murder, or an attempt to
take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
Art. 20. Accessories exempt
criminal liability
spouses, ascendants,
descendants, legitimate, natural,
and adopted brothers and sisters,
or relatives by affinity within the
same degrees

Liable: paragraph 1 Article 19

Art. 23 Effect of pardon by the offended
party.

Gen. Rule: A pardon of the offended party

does not extinguish criminal action

Exceptions:
Adultery and Concubinage
Seduction, Abduction, Acts of Lasciousness
Rape
Effects of Pardon by the President

1. Pardon not restore the right to hold

public office or the right of suffrage
Exception: If above rights are expressly
restored by the terms and condition of
the pardon
2. Not exempt culprit from payment of
civil liability
Limitations on the exercise of pardon

1. Exercise only after conviction

2. Can not extend to cases of

impeachment
Pardon by Chief Executive Pardon by Offended Party
Apply to any crime unless otherwise Limited only to crime against
provided or subject to conditions in chastity
the constitution or in the law

Extinguish criminal liability Not extinguish criminal liability but

bar to the prosecution of seduction,
abduction acts of lasciviousness,
concubinage and adultery
No effect on the civil liability Offended party can waived civil
liability
Extended only after conviction by Before the criminal action
final judgment
Applies to any or all of the accused Seduction, abduction and acts of
lasciviousness-applies to principal,
accomplish and accessory

Adultery and concubinage applies to

both offenders
Art. 48. Penalty for complex crimes

When a single act constitutes two or

more grave or less grave felonies, or
when an offense is a necessary means
for committing the other, the penalty
for the most serious crime shall be
imposed, the same to be applied in its
maximum period.
Complex crime – one crime only as there is only one
criminal intent – only one information need be filed

2 kinds of complex crimes:

a) compound crime – single act constitutes 2 or

more grave or less grave felonies
Requisites:
1) that only one single act is committed by the
offender
2) that the single act produces
a) 2 or more grave felonies
b) one or more grave and one or more less grave
felonies
c) 2 or more less grave felonies
b) complex crime proper – when an
offense is a necessary means for
committing another

Requisites:
1) that at least 2 offenses are committed
2) that one or some of the offenses must
be necessary to commit the other
3) that both or all the offenses must be
punished under the same statute
Plurality of crimes – consists in the successive
execution by the same individual of different criminal
acts upon any of w/c no conviction has yet been
declared.

Kinds of plurality of crimes:

a) formal or ideal – only one criminal liability
b) real or material – there are different crimes in law
as well as in the conscience of the offender, in such
cases, the offender shall be punished for each and
every offense that he committed.
Example: Juan stabbed Pedro, then Juan stabbed
Tomas too. There are 2 committed as 2 acts were
performed.
CONTINUED CRIME
Continued crimes – refers to a single crime consisting of a
series of acts but all arising from one criminal resolution.
Although there is a series of acts, there is only one crime
committed, so only one penalty shall be imposed.

Examples of continued crimes:

a) a collector of a commercial firm misappropriates for
his personal use several amounts collected by him from
different persons. There is only one crime because the
different and successive appropriations are but the
different moments during which one criminal resolution
arises.
b) Juan stole 2 books belonging to 2 different persons.
He commits only one crime because there is unity of
thought in the criminal purpose of the offender.
A continued crime is not a complex crime as
offender does not perform a single act but a series of
acts. Therefore:
a) penalty not to be imposed in the maximum
b) no actual provision punishing a continued crime
– it’s a principle applied in connection w/ 2 or more
crimes committed w/ a single intention.

Transitory crime is “moving crime”

Example: kidnapping someone for ransom and
moving him to another venue. The offenders can be
prosecuted and tried in either of the 2 areas.
ORDINARY COMPLEX CRIME SPECIAL COMPLEX CRIME OR
COMPOSITE CRIME
Made of 2 or more crime punished Made of 2 or more crimes which
in distinct provision od RPC but are considered as one
alleged in 1 information because components of a single indivisible
they were brought by a single offense punished in one provision
felonious act or because one of RPC
offense is a necessary means for
committing the other offenses

Penalty for the most serious crime It is the penalty specifically

is imposed and in its maximum provided for the special complex
period crime that shall be applied
according to the riles on imposition
of the penalty
 REAL OR MATERIAL CONTINUED CRIME
PLURALITY

Series of acts performed by Series of acts performed by

offender offender

Each act performed Different acts constitute only

consititutes a separate crime, one crime, all of the acts
each act is generated by a performed arise from one
criminal impulse criminal resolution
Indeterminate Sentence Law
❖Sentence with a minimum and maximum term
❖Mandatory where imprisonment exceeds one
year
❖Applies to violations of RPC and SL

Penalty imposed by the RPC

1.Maximum Term - which could be properly
imposed under RPC after considering the AC &
MC
2.Minimum Term- within the range of the penalty
under RPC without considering the
circumstances. Next lower in degree
ISL not applicable:
1. Sentenced to death penalty
2. Treason or conspiracy to commit treason
3. Misprision of treason , rebellion, sedition or
espionage
4. Piracy
5. Habitual delinquent
6. Escaped from confinement or evaded sentence
7. Granted conditional pardon by the President but
violated the terms
8. Maximum term of imprisonment does not exceed 1
year
9. Sentenced to the penalty of distierro or suspension
only
Effects of violation of Parole:

Violations of the conditions of parole,

parolee shall be rearrested to serve the
remaining unexpired portion of the
Maximum sentence

Even if a prisoner has already served the

minimum, he shall continue to serve until
the end of the Maximum term
Probation
After having convicted and sentence, the trial court
may suspend the execution of sentence and place
defendant within the period of perfecting an appeal

Can be granted whether the sentence imposed a

term of imprisonment or fine only

Defendant shall filed application for probation, the

application shall be filed with the trial court and the
order granting or denying probation shall not be
appealable

Accessory penalties are deemed suspended once

probation is granted
Probation shall not be extended to:

1. Sentenced to service a maximum term

of imprisonment of more than 6 years;
2. Convicted of subversion or any crime
against national security or public order;
3. Previously convicted by final judgment
of an offense punished by imprisonment of
less than 1 month and 1 day or a fine of not
less than 200; and
4. Once placed on probation.
Duration of the Probation:

1. If convict is sentenced to a term of

imprisonment of not more than 1 year-period of
probation shall not exceed 2 years
2. In all other cases where convict is sentenced
to more than 1 year – probation shall not exceed
6 years
3. If sentence imposes a fine and offender is
made to serve subsidiary imprisonment –
probation period is 2x the total number of days of
subsidiary imprisonment
Effects of termination of probation:

1. Case is deemed terminated;

2. Restoration of all civil rights lost or
suspended
3. Fully discharges liability for any fine
imposed
TOTAL EXTINCTION OF CRIMINAL LIABILITY

1. By the death of the convict, as to the personal penalties and as to

pecuniary penalties, liability therefor is extinguished only when the
death of the offender occurs before final judgment.

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its

effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article

344 of this Code.
 PARDON AMNESTY
Includes any crime and exercised individually Blanket pardon to classes of persons or
by the President communities who may be guilty of
political offenses
Exercised when the person is already May be exercised even before trial or
convicted investigation
Looks forward and relived the offender from Looks backward and abolishes and
the consequences of an offenses of which he puts into oblivion the offenses;
has been convicted; Overlooks and obliterates the offense
It dies not work for the restoration of the with which is charged
rights to hold public office or right of suffrage
unless such rights are expressly restored by
means of pardon
Does not alter the fact that the accused is a Makes an ex-convict no longer a
recidivist as it produces only the extinction of recidivist because it obliterates that last
the personal effects of the penalty vestige of the crime
Does not extinguish civil liability of the Does not extinguish the civil liability of
offender the offender
Being private act by the President, it must be Proclamation of the President with the
pleaded and proved by the person pardon concurrence of Congress;
A Public Act which the court should take
judicial notice
Art. 90. Prescription of crime. — Crimes punishable by death, reclusion
perpetua or reclusion temporal shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five
years.

The crime of libel or other similar offenses shall prescribe in one year.

The crime of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penalty shall be
made the basis of the application of the rules contained in the first, second and
third paragraphs of this article. (As amended by RA 4661, approved June 19,
1966).
Partial Extinction of Criminal
Liability:

1.Conditional Pardon
2.Commutation of Sentence
3.For good conduct allowances
4.Parole
5.Probation
• Art 100
MARAMING SALAMAT PO!