CRIMINAL LAW - that branch or division of law which defines crimes, treats

of their nature and provides for their punishment.

CHARACTERISTICS OF CRIMINAL LAW

1. GENERAL - it is binding on all persons who live or sojourn in the Philippine
territory (Art.14, NCC)
EXCEPTIONS:
a) Treaty stipulations
b) Laws of preferential application
c) Principles of Public International Law.

The following persons are exempted:

a. Sovereigns and other chief of state
b. Ambassadors,ministers, plenipotentiary, minister resident and charges
d’affaires.
 Consuls, vice-consuls and other commercial representatives of foreign nation
cannot claim the privileges and immunities accorded to ambassadors and ministers.
• 2. TERRITORIAL – penal laws of the Philippines are enforceable only within its territory.

EXCEPTIONS: (Art. 2, RPC) i.e.,

– enforceable even outside Philippine territory.
• 1) Offense committed while on a Philippine ship or airship
• 2) Forging or counterfeiting any coin or currency note of the Philippines or obligations
and securities issued by the Government.
• 3) Introduction into the country of the above-mentioned obligations and securities.
• 4) While being public officers or employees should commit an offense in the exercise
of their functions.
• 5) Should commit any of the crimes against national security and the law of nations
defined in Title One of Book Two.
• EXCEPTION TO THE EXCEPTION:
– Penal laws not applicable within or without Philippine territory if so provided in treaties
and laws of preferential application. (Art.2, RPC)
• 3. PROSPECTIVE

GENERAL RULE: Penal laws cannot make an act punishable in a manner in which it
was not punishable when committed.

EXCEPTION: (it may be applied retroactively) When the new law is favorable to the
accused.

EXCEPTION TO THE EXCEPTION

a) The new law is expressly made inapplicable to pending actions or existing
causes of actions.
b) Offender is a habitual criminal.
LIMITATIONS ON THE POWER OF CONGRESS TO
ENACT PENAL LAWS

• 1. No ex post facto law shall be enacted

• 2. No bill of attainder shall be enacted
• 3. No law that violates equal protection clause of the constitution shall be enacted
• 4. No law which imposes cruel and unusual punishments nor excessive fines shall be
enacted.
THEORIES IN CRIMINAL LAW
1. Classical Theory - basis of criminal liability is human free will. Under this theory, the purpose
of penalty is retribution. The RPC is generally governed by this theory.

2. Positivist Theory – basis of criminal liability is the sum of the social and economic
phenomena to which the actor is exposed wherein prevention and correction is the purpose of
penalty. This theory is exemplified in the provisions regarding impossible crimes and habitual
delinquency.

3. Eclectic or Mixed Theory – combination of positivist and classical thinking wherein crimes
that are economic and social in nature should be dealt in a positive manner; thus, the law is
more compassionate.
Republic Act No. 3815
Revised Penal Code of the Philippines
• Article 1. Time when Act takes effect. — This Code shall
take effect on the first day of January, nineteen hundred
and thirty-two.
• Art. 2. Application of its provisions. — Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:

• 1. Should commit an offense while on a Philippine ship or airship

• 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands; chan robles
virtual law library
• 3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number;
• 4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
• 5. Should commit any of the crimes against national security and the law of nations, defined
in Title One of Book Two of this Code.
RULES ON VESSELS:
• 1.) Philippine vessel or aircraft.
Must be understood as that which is registered in the Philippine Bureau of Customs.
• 2.) On Foreign Merchant Vessels
ENGLISH RULE: Crimes committed aboard a vessel within the territorial waters of a
country are triable in the courts of such country.
EXCEPTION: When the crimes merely affect things within the vessel or when they only
refer to the internal management thereof.
•  FRENCH RULE: Crimes committed aboard vessel within the territorial waters of a
country are not triable in the courts of said country.
EXCEPTION: When their commission affects the peace and security of the territory or
when the safety of the state is endangered.

In the Philippines, we follow the English Rule.

In the case of a foreign warship, the same is not subject to territorial laws.
 TITLE ONE: FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
Chapter One: Felonies (Arts. 3-10)

ART. 3 – FELONIES
Felonies – are acts or omissions punishable by the RPC.

ELEMENTS OF FELONIES (GENERAL)

1. there must be an act or omission ie, there must be external acts.
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.

“NULLUM CRIMEN, NULLA POENA SINE LEGE”

there is no crime where there is no law punishing it.
CLASSIFICATION OF FELONIES
• ACCORDING TO THE MEANS BY WHICH THEY ARE COMMITTED:
1. Intentional Felonies – the act is performed with deliberate intent or malice.
Requisites of DOLO or MALICE:
• a. Freedom
• b. Intelligence
• c. Criminal Intent

• Mistake of Fact – is a misapprehension of fact on the part of the person causing injury to
another. Such person is not criminally liable as he acted without criminal intent.

Requisites of mistake of fact as a defense:

a. That the act done would have been lawful had the facts been as the accused believed
them to be.
b. That the intention of the accused in performing the act should be lawful.
c. That the mistake must be without fault or carelessness on the part of the accused.
 2. Culpable Felonies - performed without malice.
Requisites of CULPA:
a. Freedom
b. Intelligence
c. Negligence and Imprudence

REASON FOR PUNSHING ACTS OF NEGLIGENCE: A man must use common sense and
exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent.
ART. 4 – CRIMINAL LIABILITY
PAR. 1 - Criminal Liability for a felony different from that intended to be committed
REQUISITES: a) That an intentional felony has been committed.
b) That the wrong done to the aggrieved party be the direct, natural and logical
consequence of the felony committed.

PROXIMATE CAUSE – that cause, which, in the natural and continuous sequence, unbroken
by any efficient intervening cause, produces the injury without which the result would not have
occurred.

Thus, the person is still criminally liable in:

• 1. Error in personae- mistake in the identity of the victim.
• 2. Abberatio ictus – mistake in the blow.
• 3. Praeter intentionem – lack of intent to commit so grave a wrong.
PAR. 2 (IMPOSSIBLE CRIME)
REQUISITES:
a) That the act performed would be an offense against persons or property.
b) That the act was done with evil intent.
c) That its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual.
d) That the act performed should not constitute a violation of another provision of the RPC.
ART. 6 – CONSUMMATED, FRUSTRATED & ATTEMPTED FELONIES
STAGES OF EXECUTION:
1. CONSUMMATED FELONY - When all the elements necessary for its execution and
accomplishment are present.
2. FRUSTRATED FELONY
ELEMENTS:
a) The offender performs all the acts of execution.
b) All the acts performed would produce the felony as a consequence.
c) But the felony is not produced.
d) By the reason of causes independent of the will of the perpetrator.
WHAT CRIMES DO NOT ADMIT OF FRUSTRATED STAGE?
• 1) Rape
• 2) Bribery
• 3) Corruption of Public Officers
• 4) Adultery
• 5) Physical Injury
3. ATTEMPTED FELONY
ELEMENTS:
a) The offender commences the commission of the felony directly by overt acts.
b) He does not perform all the acts of execution which should produce the felony.
c) The offender’s acts are not stopped by his own spontaneous desistance.

DESISTANCE - is an absolutory cause which negates criminal liability because the law
encourages a person to desist from committing a crime.
- this is applicable only in the attempted stage.

OVERT ACTS – Some physical activity or deed, indicating 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, nor by voluntary
desistance of the perpetrator will logically ripen into a concrete offense.
2 STAGES IN THE DEVELOPMENT OF A CRIME:
1) Internal acts - Such as mere ideas in the mind of person.
Not punishable.

2) External acts cover:

a) Preparatory acts - ordinarily not punished except when considered by law as
independent crimes (e.g. Art. 304, Possession of picklocks and similar tools)
b) Acts of Execution - punishable under the RPC
ART. 7 – LIGHT FELONIES

Light Felonies are punishable only when they have been consummated
EXCEPT: If committed against persons or property, punishable even if not
consummated.
Only principals and accomplices are liable, accessories are not liable even if committed
against persons or property.
ART. 8 – CONSPIRACY AND PROPOSAL TO
COMMIT FELONY
REQUISITES OF CONSPIRACY
1. That 2 or more persons came to an agreement.
2. That the agreement pertains to the commission of a felony.
3. That the execution of the felony was decided upon.

2 CONCEPTS OF CONSPIRACY
1. Conspiracy as a crime by itself
EXAMPLE: conspiracy to commit rebellion or insurrection, treason, sedition.
2. Conspiracy as a means of committing a crime
a) There is a previous and express agreement;
b) The participants acted in concert or simultaneously which is indicative of a
meeting of the minds towards a common criminal objective. There is an implied agreement.
GENERAL RULE: Mere conspiracy or proposal to commit a felony is not punishable since they
are only preparatory acts
EXCEPTION: in cases in which the law specially provides a penalty therefor, such as in
treason, coup d’etat, and rebellion or insurrection

“The act of one is the act of all”

GENERAL RULE: When conspiracy is established, all who participated therein, irrespective of
the quantity or quality of his participation is liable equally, whether conspiracy is pre-planned or
instantaneous.
EXCEPTION: Unless one or some of the conspirators committed some other crime which is not
part of the intended crime.
EXCEPTION TO THE EXCEPTION: When the act constitutes a “single indivisible offense”.

• Conspiracy may be inferred when two or more persons proceed to perform overt acts
towards the accomplishment of the same felonious objective, with each doing his act, so that
their acts though seemingly independent were in fact connected, showing a common design.
• These overt acts must consist of:
- active participation in the actual commission of the crime itself, or
- moral assistance to his co-conspirators by being present at the time of the commission
of the crime, or
- exerting a moral ascendance over the other co-conspirators by moving them to
execute or implement the criminal plan (PEOPLE vs. ABUT, et al., GR No. 137601, April
24, 2003)

REQUISITES OF PROPOSAL:
1. That a person has decided to commit a felony; and
2. That he proposes its execution to some other person or persons.
ART. 9 – CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
Importance of Classification
1. To determine whether these felonies can be complexed or not.
2. To determine the prescription of the crime and the prescription of the penalty.

• Grave felonies – are those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive, in accordance with Art. 25 of the
Code.
• Less grave felonies – are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with Art. 25 of the Code.
• Light felonies – are those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos, or both, is provided.
ART. 10 – OFFENSES NOT SUBJECT TO THE
PROVISIONS OF THE RPC
GENERAL RULE: RPC provisions are supplementary to special laws.
EXCEPTION:
1. Where the special law provides otherwise; and
2. When the provisions of the RPC are impossible of application, either by express
provision or by necessary implication.

Thus, when the special law adopts the penalties imposed in the RPC, such as reclusión
perpetua or reclusión temporal, the provisions of the RPC on imposition of penalties based on
stage of execution, degree of participation, and attendance of mitigating and aggravating
circumstances may be applied by necessary implication.
CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY

• Justifying Circumstances
• Exempting Circumstances
• Mitigating Circumstances
• Aggravating Circumstances
• Alternative Circumstances
ART. 11. JUSTIFYING CIRCUMSTANCES

• JUSTIFYING CIRCUMSTANCES – are those where the

act of a person is said to be in accordance with law, so
that such person is deemed not to have transgressed the
law and is free from both criminal and civil liability. There
is no civil liability, except in par. 4 of Art. 11, where the civil
liability is borne by the persons benefited by the act.
1. SELF- DEFENSE

• REQUISITES:
• a) Unlawful aggression (condition sine qua non);
• b) Reasonable necessity of the means employed to
prevent or repel it; and
• c) Lack of sufficient provocation on the part of the person
defending himself.
• UNLAWFUL AGGRESSION
- is equivalent to an actual physical assault or, at least
- threatened assault of an immediate and imminent kind which is offensive and positively
strong, showing the wrongful intent to cause injury.

• TEST OF REASONABLENESS – the means employed depends upon the nature and quality
of the (1) weapon used by the aggressor, and (2) his physical condition, character, size and
other circumstances, (3) and those of the person defending himself, (4) and also the place
and occasion of the assault.

• Perfect equality between the weapons used by the one defending himself and that of the
aggressor is not required, nor material commensurability between the means of attack and
defense.

• REASON: Because the person assaulted does not have sufficient tranquility of mind to think
and to calculate.
Rights included in self-defense:
• Self-defense includes not only the defense of the person or body of the one assaulted but
also that of his rights, the enjoyment of which is protected by law. Thus, it includes:

1. The right to honor. Hence, a slap on the face is considered as unlawful aggression directed
against the honor of the actor (People vs. Sabio, 19 SCRA 901).

2. The defense of property rights, only if there is also an actual and imminent danger on the
person of the one defending ( People vs Narvaez, 121 SCRA 389).

“Stand ground when in the right” - the law does not require a person to retreat when his
assailant is rapidly advancing upon him with a deadly weapon.
Under Republic Act 9262, known as the Anti- Violence against
Women and their Children Act of 2004:

• Victim-survivors who are found by the courts to be suffering from Battered Woman
Syndrome do not incur any criminal or civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense under the RPC. (Sec. 26, R.A. No.
9262)

• The law provides for an additional justifying circumstance.

• Battered Woman Syndrome – refers to a scientifically defined pattern of psychological and

behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.

• Battery – refers to any act of inflicting physical harm upon the woman or her child resulting to
physical and psychological or emotional distress.
2. DEFENSE OF RELATIVES

• REQUISITES:
• 1. Unlawful Aggression;
• 2. Reasonable necessity of the means employed to prevent or repel it; and
• 3. In case the provocation was given by the person attacked, the one making the defense
had no part therein.

• RELATIVES THAT CAN BE DEFENDED:

• 1. Spouse
• 2. Ascendants
• 3. Descendants
• 4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same
degrees.
• 5. Relatives by consanguinity within the fourth civil degree.
3. DEFENSE OF STRANGER
REQUISITES:

• 1. Unlawful Aggression;
• 2. Reasonable necessity of the means employed to prevent or repel it; and
• 3. The person defending be not induced by revenge, resentment or other evil motive.
4. AVOIDANCE OF GREATER EVIL OR INJURY

• REQUISITES:
1. That the evil sought to be avoided actually exists:
2. That the injury feared be greater than that done to avoid it; and
3. There be no other practical and less harmful means of preventing it.

• No civil liability except when there is another person benefited in which case the latter is the
one liable.

• Greater evil must not be brought about by the negligence or imprudence or violation of law
by the actor.
5. FULFILLMENT OF DUTY; OR LAWFUL EXERCISE OF RIGHT
OR OFFICE.

• REQUISITES:
• 1. That the accused acted in the performance of a duty or in the lawful exercise of a right or
office;
• 2. That the injury caused or the offense committed be the necessary consequence of the due
performance of duty or the lawful exercise of such right or office.
6. OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE.
• REQUISITES:
1. That an order has been issued by a superior.
2. That such order must be for some lawful purpose
3. That the means used by the subordinate to carry out said order is lawful.

• Subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and
he is not negligent.
ART. 12. EXEMPTING CIRCUMSTANCES

• Exempting Circumstances (or the circumstances for non-imputability) – are

those grounds for exemption from punishment, because there is wanting in
the agent of the crime any of the conditions which makes the act voluntary, or
negligent.

• BASIS:
The exemption from punishment is based on the complete absence of
intelligence, freedom of action, or intent, or on the absence of negligence on the
part of the accused.
JUSTIFYING CIRCUMSTANCE EXEMPTING CIRCUMSTANCE

1. It affects the act not the actor. 1. It affects the actor not the act.

2. The act is considered to have been 2. The act complained of is actually

done within the bounds of law; hence, wrongful, but the actor is not liable.
legitimate and lawful in the eyes of the
law.

3. Since the act is considered lawful, 3. Since the act complained of is

there is no crime. actually wrong there is a crime but since
the actor acted without voluntariness,
there is no dolo nor culpa

4. Since there is no crime, nor a 4. Since there is a crime committed

criminal, there is also no criminal or civil though there is no criminal, there is civil
liability. (except Art. 11, par. 4) liability.
1. IMBECILITY OR INSANITY
• Insanity or imbecility exists when there is a complete deprivation of intelligence or freedom of
the will.
• An insane person is not so exempt if it can be shown that he acted during a lucid interval.
But an imbecile is exempt in all cases from criminal liability.

• TWO TESTS OF INSANITY:

1. Test of COGNITION – complete deprivation of intelligence in committing the crime.
2. Test of VOLITION – total deprivation of freedom of will.

• The defense must prove that the accused was insane at the time of the commission of the
crime because the presumption is always in favor of sanity.
• Insanity exists when there is a complete deprivation of intelligence in committing the act.
Mere abnormality of the mental faculties will not exclude imputability. The accused must be
"so insane as to be incapable of entertaining criminal intent." He must be deprived of reason
and acting without the least discernment because there is a complete absence of the power
to discern or a total deprivation of freedom of the will. (PEOPLE vs. ANTONIO, GR No.
144266, November 27, 2002)
2. PERSON UNDER NINE YEARS OF AGE
• An infant under the age of nine years is absolutely and conclusively
presumed to be incapable of committing a crime.
• The phrase “under nine years” should be construed “nine years or less”

3. PERSON OVER NINE YEARS OF AGE AND UNDER 15

ACTING WITHOUT DISCERNMENT.
• Must have acted without discernment.
• DISCERNMENT – mental capacity to fully appreciate the consequences of
an unlawful act.
• Discernment maybe shown by:
a) The manner the crime was committed: or
b) The conduct of the offender after its commission.
4. ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT
– Basis: Lack of negligence or intent.
• ELEMENTS:
• 1. A person is performing a lawful act;
• 2. With due care;
• 3. He causes injury to another by mere accident;
• 4. Without fault or intention of causing it.
5. A PERSON WHO ACTS UNDER THE COMPULSION OF AN
IRRESISTABLE FORCE
• ELEMENTS:
1. That the compulsion is by means of physical force.
2. That the physical force must be irresistable.
3. That the physical force must come from a third person.
– Basis: complete absence of freedom or voluntariness.
• The force must be so irresistable as to reduce the actor to a mere instrument who act not only
without will but against his will.
6. UNCONTROLLABLE FEAR
• ELEMENTS:
1. That the threat which causes the fear is of an evil greater than, or at least equal to,
that which he is required to commit;
2. That it promises an evil of such gravity and imminence that the ordinary man would
have succumbed to it.

• Duress as a valid defense should be based on real, imminent, or reasonable fear for one’s
life or limb and should not be speculative, fanciful, or remote fear.

• “ACTUS ME INVITO FACTUS NON EST MEUS ACTUS” – An act done by me against my
will is not my act.
7. INSUPERABLE CAUSE.
INSUPERABLE CAUSE – some motive which has lawfully, morally or physically
prevented a person to do what the law commands.
ELEMENTS:
1. That an act is required by law to be done.
2. That a person fails to perform such act.
3. That his failure to perform such act was due to some lawful or insuperable cause.

Examples:
a. The municipal president detained the offended party for three days because to take him to
the nearest justice of the peace required a journey for three days by boat as there was no other
means of transportation. (US vs. Vicentillo, 19 Phil. 118)
• The distance which required a journey for three days was considered an insuperable cause.
• Note: Under the law, the person arrested must be delivered to the nearest judicial authority
at most within 18 hours (now 36 hours, Art. 125 RPC); otherwise, the public officer will be
liable for arbitrary detention.
b. A mother who at the time of childbirth was overcome by severe dizziness and extreme
debility, and left the child in a thicket were said child died, is not liable for infanticide because it
was physically impossible for her to take home the child. (People vs. Bandian, 63 Phil. 530).
The severe dizziness and extreme debility of the woman constitute an insuperable cause.
• ABSOLUTORY CAUSES - are those where the act committed is a crime but
for reasons of public policy and sentiment, there is no penalty imposed.

Other absolutory causes:

• 1. Spontaneous desistance (Art. 6)
• 2. Accessories who are exempt from criminal liability (Art. 20)
• 3. Death or physical injuries inflicted under exceptional circumstances (Art.
247)
• 4. Persons exempt from criminal liability for theft, swindling and malicious
mischief (Art. 332)
• 5. Instigation
• Entrapment is NOT an absolutory cause. A buy-bust operation conducted in
connection with illegal drug-related offenses is a form of entrapment.

ENTRAPMENT INSTIGATION

1. Ways and means are resorted to for 1. Instigator induces the would be
the capture of lawbreaker in the accused to commit the crime, hence he
execution of his criminal plan. becomes a co-principal.

2. not a bar to the prosecution and 2. it will result in the acquittal of the
conviction of the lawbreaker accused.
ART.13 MITIGATING CIRCUMSTANCES
MITIGATING CIRCUMSTANCES – those which if present in the commission of
the crime, do not entirely free the actor from criminal liability but serve only to
reduce the penalty.

• One single fact cannot be made the basis of more than one mitigating
circumstance. Hence, a mitigating circumstance arising from a single fact,
absorbs all the other mitigating circumstances arising from the same fact.

• BASIS : Diminution of either freedom of action intelligence or intent or on the

lesser perversity of the offender.
1. INCOMPLETE JUSTIFYING OR EXEMPTING
CIRCUMSTANCES

• Applies, when all the requisites necessary to justify the act are not attendant.
• But in the case of “incomplete self defense, defense of relatives, and defense
of a stranger”, unlawful aggression must be present, it being an indispensable
requisite.
2. UNDER 18, OR OVER 70 YEARS OLD
It is the age of the accused at the time of the commission of the crime which should be
determined. His age at the time of the trial is immaterial.

• Legal effects of various ages of offender

1. Nine (9) years of age and below –exempting circumstance. (Art. 12, par. 2)
2. Over 9 but not more than 15 –exempting unless, he acted with discernment in which
case penalty is reduced to at least two (2) degrees lower than that imposed. (Art. 12,
par. 3; Art. 68, par. 1)
3. Above 15 but under 18 - regardless of discernment, penalty is reduced by one (1)
degree lower than that imposed. (Art. 68 par. 2)
4. Minor delinquent under 18 years of age, sentence suspended (Art. 192, PD 603 as
amended by PD 1179)
5. 18 years or over – full criminal responsibility.
6. 70 years or over – mitigating, no imposition of death penalty; if already imposed,
execution of death penalty is suspended and commuted.
BASIS: diminution of intelligence
3. NO INTENTION TO COMMIT SO GRAVE A WRONG
• Rule for the application:
Can be taken into account only when the facts proven show that there is a
notable and evident disproportion between the means employed to execute the
criminal act and its consequences.
• Intention may be ascertained by considering:
a) the weapon used
b) the part of the body injured
c) the injury inflicted

BASIS : intent is diminished

4. PROVOCATION OR THREAT
• PROVOCATION – any unjust or improper conduct or act of the offended
party, capable of exciting, inciting or irritating any one.

• REQUISITES:
1. The provocation must be sufficient.
2. It must originate from the offended party.
3. The provocation must be immediate to the commission of the crime by
the person who is provoked.
• The threat should not be offensive and positively strong. Otherwise, the
threat to inflict real injury is an unlawful aggression, which may give rise to
self-defense.
5. VINDICATION OF GRAVE OFFENSE
• REQUISITES:
1. 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;
2. That the felony is committed in immediate vindication of such grave
offense.

 “Immediate” allows for a lapse of time unlike in sufficient provocation, as long

as the offender is still suffering from the mental agony brought about by the
offense to him.
 PROVOCATION VINDICATION

1. It is made directly only to the person 1. The grave offense may be committed
committing the felony. also against the offender’s relatives
mentioned by law.

2. The cause that brought about the 2. The offended party must have done a
provocation need not be a grave grave offense to the offender or his
offense. relatives mentioned by law.

3. It is necessary that the provocation 3. The vindication of the grave offense

or threat immediately preceded the act. may be proximate, which admits of an
INTERVAL of time.
5. PASSION OR OBFUSCATION
• It requires that:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that it naturally produced passion or
obfuscation in him.
• REQUISITES:
1. That there be an act, both unlawful and sufficient to produce such a
condition of mind;
2. That 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 might recover his normal equanimity.
• A mitigating circumstance only when the same arose from lawful sentiments.

• BASIS: Loss of reasoning and self control, thereby diminishing the exercise of his
will power.
WHEN PASSION OR OBFUSCATION NOT MITIGATING:
When committed:
1. In the spirit of lawlessness, or
2. In a spirit of revenge
PASSION/ PROVOCATION
OBFUSCATION

- produced by an impulse which may - the provocation comes from the

be caused by provocation. injured party.

- the offense need not be immediate. It -must immediately precede the

is only required that the influence commission of the crime.
thereof lasts until the moment the crime
is committed
7. SURRENDER AND CONFESSION OF GUILT
• REQUISITES OF VOLUNTARY SURRENDER:
1. That the offender had not been actually arrested;
2. That the offender surrendered himself to a person in authority or to the
latter’s agent;
3. That the surrender was voluntary.

• WHEN SURRENDER VOLUNTARY

A surrender to be voluntary must be spontaneous, showing the intent of the
accused to submit himself unconditionally to the authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble and expense necessarily incurred
in his search and capture.
• REQUISITES OF VOLUNTARY PLEA OF GUILTY:
1. That the offender spontaneously confessed his guilt.
2. That the confession of guilt was made in open court, that is, before the
competent court that is to try the case; and
3. That the confession of guilt was made prior to the presentation of
evidence for the prosecution.

• BASIS: lesser perversity of the offender.

8. PHYSICAL DEFECT OF OFFENDER
When the offender is deaf and dumb, blind or otherwise suffering from some
physical defect, restricting his means of action, defense or communication
with others.

• The physical defect must relate to the offense committed.

• BASIS: diminution of element of voluntariness.
9. ILLNESS OF THE OFFENDER
• REQUISITES:
1. That the illness of the offender must diminish the exercise of his will
power.
2. That such illness should not deprive the offender of consciousness of
his acts.

• Includes illness of the mind not amounting to insanity.

• BASIS: diminution of intelligence and intent.
10. SIMILAR AND ANALOGOUS CIRCUMSTANCES
• EXAMPLES:
1) Impulse of jealousy, similar to passion and obfuscation.
2) Testifying for the prosecution, analogous to plea of guilty
AGGRAVATING CIRCUMSTANCES
• Aggravating circumstances – are those which, if attendant in the commission
of the crime, serve to have the penalty imposed in its maximum period
provided by law for the offense or change the nature of the crime.

• BASIS: They are based on the greater perversity of the offender manifested
in the commission of the felony as shown by:
1. the motivating power itself,
2. the place of the commission,
3. the means and ways employed
4. the time, or
5. the personal circumstances of the offender, or the offended party.
KINDS OF AGGRAVATING CIRCUMSTANCES:
1. Generic – those which apply to all crimes, such as:
a) Advantage taken of public position;
b) Contempt or insult of public authorities;
c) Crime committed in the dwelling of the offended party;
d) Abuse of confidence or obvious ungratefulness;
e) Place where crime is committed;
f) Nighttime, uninhabited place, or band;
g) Recidivism (reincidencia);
h) Habituality (reiteracion);
i) Craft, fraud or disguise;
j) Unlawful entry;
k) Breaking of parts of the house;
l) Use of persons under 15 years of age.
2. Specific – those which apply only to specific crimes, such as ignominy in
crimes against chastity and cruelty and treachery which are applicable only to
crimes against persons.
a) Disregard of rank, age or sex due the offended party;
b) Abuse of superior strength or means be employed to weaken the
defense;
c) Treachery (alevosia);
d) Ignominy;
e) Cruelty;
f) Use of unlicensed firearm in the murder or homicide committed
therewith (RA 8294).
3. Qualifying – those that change the nature of the crime.
a) Alevosia (treachery) or evident premeditation qualifies the killing of a person
to murder.
b) Art. 248 enumerates the qualifying aggravating circumstances which quality
the killing of person to murder.

4. Inherent – those which of necessity accompany the commission of the crime,

therefore not considered in increasing the penalty to be imposed,such as:
a) Evident premeditation in robbery, theft, estafa, adultery and concubinage;
b) Abuse of public office in bribery;
c) Breaking of a wall or unlawful entry into a house in robbery with the use of
force upon things;
d) Fraud in estafa;
e) Deceit in simple seduction;
f) Ignominy in rape.
5. Special – those which arise under special conditions to increase the penalty
of the offense and cannot be offset by mitigating circumstances, such as:
a) Quasi-recidivism (Art. 160);
b) Complex crimes (Art. 48);
c) Error in personae (Art. 49);
d) Taking advantage of public position and membership in an
organized/syndicated crime group (Par.1[a], Art. 62).
 GENERIC AGGRAVATING QUALIFYING AGGRAVATING
CIRCUMSTANCE CIRCUMSTANCE

As to its effect

Increases the penalty which should be
imposed upon the accused to the
maximum period but without exceeding
the limit prescribed by law.
To give the crime its proper and
exclusive name and to place the author
thereof in such a situation as to deserve
no other penalty than that specially
prescribed by law for said crime.

As to whether it can be offset by a mitigating circumstance

May be offset by a mitigating Cannot be offset by a mitigating

circumstance. circumstance
RULES ON AGGRAVATING CIRCUMSTANCES

1. Aggravating circumstances shall not be appreciated if:

a) They constitute a crime specially punishable by law, or
b) They are included by the law in defining a crime and prescribing a
penalty therefor, shall not be taken into account for the purpose of
increasing the penalty.
EXAMPLE: “That the crime be committed by means of …fire,…explosion”
(Art. 14, par. 12) is in itself a crime of arson (Art. 321) or a crime involving
destruction (Art. 324). It is not to be considered to increase the penalty for the
crime of arson or for the crime involving destruction.
2. The same rule shall apply with respect to any aggravating circumstance
inherent in the crime to such a degree that it must of necessity accompany the
commission thereof. (Art. 62, par. 2)

3. Aggravating circumstances which arise:

a) From the moral attributes of the offender, or
b) From his private relations with the offended party, or
c) From any personal cause,shall only serve to aggravate the liability of the
principals, accomplices and accessories as to whom such circumstances are
attendant. (Art. 62,par. 3)
4. The circumstances which consist
a) In the material execution of the act, or
b) In the means employed to accomplish it,shall serve to aggravate the
liability of those persons only who had knowledge of them at the time of the
execution of the act or their cooperation therein. Except when there is proof of
conspiracy in which case the act of one is deemed to be the act of all,
regardless of lack of knowledge of the facts constituting the circumstance. (Art.
62, par. 4)

5. Aggravating circumstances, regardless of its kind, should be specifically

alleged in the information AND proved as fully as the crime itself in order to
increase the penalty. (Sec. 9, Rule 110, 2000 Rules of Criminal Procedure)
6. When there is more than one qualifying aggravating circumstance present,
one of them will be appreciated as qualifying aggravating while the others will
be considered as generic aggravating.
ART. 14 – AGGRAVATING CIRCUMSTANCES
Par. 1. – That advantage be taken by the offender of his public position.

• Applicable only when the offender is a public officer.

• The offender must have abused his public position or at least use of the same facilitated the
commission of the offense.
• This circumstance cannot be taken into consideration in offenses where taking advantage of
official position is made by law an integral element of the crime, such as in malversation
under Art. 217, or in falsification of a document committed by public officers under Art. 171.
• Taking advantage of a public position is also inherent in the case of accessories under Art.
19, par. 3 (harboring, concealing, or assisting in the escape of the principal of the crime), and
in crimes committed by public officers (Arts. 204-245).
 Par. 2 – That the crime be committed in contempt of or with insult to the public
authorities.
REQUISITES OF THIS CIRCUMSTANCE:
1. That the public authority is engaged in the exercise of his functions.
2. That he who is thus engaged in the exercise of said functions is not the person against whom
the crime is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from committing the criminal act.

• Public authority – sometimes also called a person in authority, is a public officer who is
directly vested with jurisdiction, that is, a public officer who has the power to govern and
execute the laws; like a mayor, councilor, governor, barangay captain and barangay
chairman.

A teacher or professor of a public or recognized private school is not a “public authority within the
contemplation of this paragraph. While he is a person in authority under Art. 152, that status is only
for purposes of Art. 148 (direct assault) and Art. 152 (resistance and disobedience).
Par. 3 – That the act be committed (1) with insult or in disregard of the respect due the
offended party on account of his (a) rank, (b) age, or (c) sex, or
(2) that it be committed in the dwelling of the offended party, if the latter has not given
provocation.

• The four circumstances enumerated should be considered as one aggravating circumstance only.
• Disregard of rank, age or sex is essentially applicable only to crimes against person or honor.
They are not taken into account in crimes against property.
• To be appreciated as an aggravating circumstance, there must be evidence that in the
commission of the crime, the offender deliberately intended to offend or insult the sex, age and
rank of the offended party.
• Rank of the offended party – is the designation or title of distinction used to fix the relative position
of the offended party in reference to others.
- there must be a difference in the social condition of the offender and the offended party.
• Age of the offended party – may refer to old age or the tender age of the victim.
• Sex of the offended party – refers to the female sex, not to the male sex.
• Dwelling – must be a building or structure, exclusively used for rest and comfort. A
“combination of a house and a store” or a market stall where the victim slept is not a dwelling.
- dwelling includes dependencies, the foot of the staircase and enclosure under the
house.
• The aggravating circumstance of dwelling requires that the crime be wholly or partly committed
therein or in any integral part thereof.
• Dwelling does not mean the permanent residence or domicile of the offended party or that he
must be the owner thereof. He must, however, be actually living or dwelling therein even for a
temporary duration or purpose.
• It is not necessary that the accused should have actually entered the dwelling of the victim to
commit the offense; it is enough that the victim was attacked inside his own house, although
the assailant may have devised means to perpetrate the assault from without.
DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES:

1. When both the offender and the offended party are occupants of the same house,
and this is true even if offender is a servant in the house.
• EXCEPTION: In case of adultery in the conjugal dwelling, the same is aggravating.
However, if the paramour also dwells in the conjugal dwelling, the applicable
aggravating circumstance is abuse of confidence.
2. When robbery is committed by the use of force upon things, dwelling is not
aggravating because it is inherent. But dwelling is aggravating in robbery with violence
against or intimidation of persons because this class of robbery can be committed
without the necessity of trespassing the sanctity of the offended party’s house.
3. In the crime of trespass to dwelling, it is inherent or included by law in defining the
crime.
4. When the owner of the dwelling gave sufficient and immediate provocation.
 There must exist a close relation between the provocation made by the victim and
the commission of the crime by the accused.
5. The victim is not a dweller of the house.
Par. 4. – That the act be committed with
(1) abuse of confidence or
(2) obvious ungratefulness.

• Par. 4 provides two aggravating circumstances which, if present in the same

case and must be independently appreciated.
• While one may be related to the other in the factual situation in the case, they
cannot be lumped together as abuse of confidence requires a special
confidential relationship between the offender and the victim, but this is not
so in ungratefulness.
• REQUISITES OF ABUSE OF CONFIDENCE:
1. That the offended party had trusted the offender.
2. That the offender abused such trust by committing a crime against the offended party.
3. That the abuse of confidence facilitated the commission of the crime.

• Abuse of confidence is inherent in malversation (Art. 217), qualified theft (Art. 310), estafa by
conversion or misappropriation (Art. 315), and qualified seduction (Art. 337).

• REQUISITES OF OBVIOUS UNGRATEFULNESS

1. That the offended party had trusted the offender;
2. That the offender abused such trust by committing a crime against the offended party.
3. That the act be committed with obvious ungratefulness.

• The ungratefulness contemplated by par. 4 must be such clear and manifest ingratitude on
the part of the accused.
Par. 5 – That the crime be committed
(1) in the palace of the Chief Executive, or in his presence, or
(2) where public authorities are engaged in the discharge of their duties, or
(3) in a place dedicated to religious worship.

Except for the third which requires that official functions are being performed at the time of the
commission of the crime, the other places mentioned are aggravating per se even if no official
duties or acts of religious worship are being conducted there.

Cemeteries, however respectable they may be, are not considered as place dedicated to the
worship of God.
Par. 6. – That the crime be committed
(1) in the nighttime, or
(2) in an uninhabited place, or
(3) by a band, whenever such circumstance may facilitate the commission of the offense.

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

• WHEN NIGHTTIME, UNINHABITED PLACE OR BAND AGGRAVATING:

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

• Nighttime (obscuridad) – that period of darkness beginning at end of dusk and ending at
dawn. Nights are from sunset to sunrise.
• It is necessary that the commission of the crime was begun and completed at nighttime.

• When the place of the crime is illuminated by light, nighttime is not aggravating.

• Uninhabited place (despoblado) – one where there are no houses at all; a place at a
considerable distance from town, or where the houses are scattered at a great distance from
each other.
• What actually determines whether this aggravating circumstance should be considered
against the accused, aside from the distance and isolation of the place, is the reasonable
possibility of the victim receiving or securing aid from third persons.

• Band (en cuadrilla) – whenever more than three (i.e., at least four) armed malefactors shall
have acted together in the commission of an offense, it shall be deemed committed by a
band.
Par. 7 – That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune.

REASON FOR THE AGGRAVATION:

The debased form of criminality met in one who, in the midst of a great calamity, instead of
lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune to
despoil them. Therefore it is necessary that the offender took advantage of the calamity or
misfortune.
Par. 8 – That the crime be committed with the aid of
(1) armed men or
(2)persons who insure or afford impunity.

• REQUISITES:
1. That armed men or persons took part in the commission of the crime, directly or
indirectly.
2. That the accused availed himself of their aid or relied upon them when the
crime was committed.

• This aggravating circumstance requires that the armed men are accomplices who take part
in that minor capacity directly or indirectly, and not when they were merely present at the
crime scene. Neither should they constitute a band, for then the proper aggravating
circumstance would be cuadrilla.
Par. 9 – That the accused is a recidivist.

REQUISITES:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of another crime;
3. That both the first and the second offenses are embraced in the same title of the Code;
4. That the offender is convicted of the new offense.

• MEANING OF “at the time of his trial for one crime.”

It is employed in its general sense, including the rendering of the judgment. It is meant to
include everything that is done in the course of the trial, from arraignment until after sentence is
announced by the judge in open court.
Par. 10 – That the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter
penalty.

• REQUISITES of REITERACION or HABITUALITY:

1. That the accused is on trial for an offense;
2. That he previously served sentence for another offense to which the law attaches an
a) Equal or
b) Greater penalty, or
c) For two or more crimes to which it attaches a lighter penalty than that for the
new offense; and
3. That he is convicted of the new offense
Par. 11 – That the crime be committed in consideration of a price, reward or promise.

 When this aggravating circumstance is present, there must be two or more principals, the one
who gave or offered the price or promise and the one who accepted it, both of whom
are principals.
If without previous promise it was given voluntarily after the crime had been committed as an
expression of his appreciation for the sympathy and aid shown by the other accused, it should
not be taken into consideration for the purpose of increasing the penalty.
The price, reward or promise need not consist of or refer to material things or that the same
were actually delivered, it being sufficient that the offer made by the principal by inducement be
accepted by the principal by direct participation before the commission of the offense.
Par. 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.

When another aggravating circumstance already qualifies the crime, any of these
aggravating circumstances shall be considered as generic aggravating circumstance only.
A killing committed through any of these qualifies the crime to murder, except if arson was
resorted to but without intent to kill, in view of P.D. 1613 which provides a specific penalty for
that situation.
Par. 13 – That the act be committed with evident premeditation

REQUISITES:
The prosecution must prove –
1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his determination; and
3. A sufficient lapse of time between the determination and execution, to allow him to reflect
upon the consequences of his act and to allow his conscience to overcome the resolution of his
will.
 To establish evident premeditation, it must be shown that there was a period sufficient to
afford full opportunity for meditation and reflection, a time adequate to allow the conscience to
overcome the resolution of the will, as well as outward acts showing the intent to kill. It must be
shown that the offender had sufficient time to reflect upon the consequences of his act but still
persisted in his determination to commit the crime. (PEOPLE vs. SILVA, et. al., GR No. 140871,
August 8, 2002)
Par. 14 – That (1) craft, (2) fraud, or (3) disguise be employed

• Craft (astucia) – involved the use of intellectual trickery or cunning on the part of the accused.
- it is a chicanery resorted to by the accused to aid in the execution of his criminal design. It is
employed as a scheme in the execution of the crime.

• Fraud (fraude) – insidious words or machinations used to induce the victim to act in a manner
which would enable the offender to carry out his design.
For instance:
 In People vs. San Pedro (Jan. 22, 1980), where the accused pretended to hire the driver in order to
get his vehicle, it was held that there was craft directed to the theft of the vehicle, separate from the
means subsequently used to treacherously kill the defenseless driver.
 In People vs. Masilang (July 11, 1986) there was also craft where after hitching a ride, the accused
requested the driver to take them to a place to visit somebody, when in fact they had already planned
to kill the driver.
• Disguise (disfraz) – resorting to any device to conceal identity.
Par. 15 – That (1) advantage be taken of superior strength, or (2) means be employed to
weaken the defense.

Par. 15 enunciates two aggravating circumstances, namely, that advantage was taken of
superior strength, or that means were employed by the offender to weaken the defense of the
victim, either of which qualifies a killing to murder.

MEANING OF “advantage be taken”:

• To deliberately use excessive force that is out of proportion to the means for
self_x0002_defense available to the person attacked. (PEOPLE vs. LOBRIGAS, et. al., GR
No. 147649, December 17, 2002)
• “Means employed to weaken defense” - the offender employs means that materially
weakens the resisting power of the offended party.

EXAMPLES OF “means employed to weaken defense”

1. Where one, struggling with another, suddenly throws a cloak over the head of his
opponent and while in this situation he wounds or kills him.
2. One who, while fighting with another, suddenly casts sand or dirt upon the latter eyes and
then wounds or kills him.
3. When the offender, who had the intention to kill the victim, made the deceased
intoxicated, thereby materially weakening the latter’s resisting power.

This circumstance is applicable only to crimes against persons, and sometimes against
person and property, such as robbery with physical injuries or homicide.
• Par. 16 – That the act be committed with treachery (alevosia).

• Treachery (alevosia) – is present when the offender commits any of the crimes against
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.

• REQUISITES OF TREACHERY:
1. That at the time of the attack, the victim was not in a position to defend himself; and
2. That the offender consciously adopted the particular means, method or form of attack
employed by him.

The test of treachery is not only the relative position of the parties but, more specifically,
whether or not the victim was forewarned or afforded the opportunity to make a defense or to
ward off the attack.
Par. 17 – That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.

• Ignominy – is a circumstance pertaining to the moral order, which adds disgrace and obloquy
to the material injury caused by the crime.

• MEANING OF “which add ignominy to the natural effects thereof”

The means employed or the circumstances brought about must tend to make the effects of
the crime more humiliating to victim or to put the offended party to shame, or add to his moral
suffering. Thus it is incorrect to appreciate ignominy where the victim was already dead when
his body was dismembered, for such act may not be considered to have added to the victim’s
moral suffering or humiliation. (People vs. Carmina, G.R. No. 81404, January 28, 1991)
• Applicable to crimes against chastity, less serious physical injuries, light or grave coercion,
and murder.
Par. 18 – That the crime be committed after an unlawful entry.

• Unlawful entry – when an entrance is effected by a way not intended for the purpose.

Unlawful entry must be a means to effect entrance and not for escape.

REASON FOR AGGRAVATION: One who acts, not respecting the walls erected by men to
guard their property and provide for their personal safety, shows a greater perversity, a greater
audacity; hence, the law punishes him with more severity.
Par. 19 – That as a means to the commission of a crime, a wall, roof, floor, door, or window be
broken.

• This circumstance is aggravating only in those cases where the offender resorted to any of
said means to enterthe house. If the wall, etc., is broken in order to get out of the place, it is
not an aggravating circumstance.

• If the offender broke a window to enable himself to reach a purse with money on the table
near that window, which he took while his body was outside of the building, the crime of theft
was attended by this aggravating circumstance. It is not necessary that the offender should
have entered the building.
Par. 20 – That the crime be committed (1) with the aid of persons under fifteen years of age, or
(2) by means of motor vehicles, airships, or other similar means.

• TWO DIFFERENT CIRCUMSTANCES GROUPED IN THIS PARAGRAPH:

1. With the aid of persons under fifteen years of age:
Tends to repress, so far as possible, the frequent practice resorted to by professional
criminals to avail themselves of minors taking advantage of their irresponsibility.
2. By means of motor vehicles, airships, or other similar means:
Intended to counteract the great facilities found by modern criminals in said means to
commit crime and flee and abscond once the same is committed.
• Use of motor vehicle is aggravating where the accused purposely and deliberately used the
motor vehicle in going to the place of the crime, in carrying away the effects thereof, and in
facilitating their escape.
• MEANING OF “or other similar means” Should be understood as referring to motorized
vehicles or other efficient means of transportation similar to automobile or airplane.
Par. 21 – That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commission.

• Cruelty – there is cruelty when the culprit enjoys and delights in making his victim suffer
slowly and gradually, causing unnecessary physical pain in the consummation of the criminal
act.

• REQUISITES OF CRUELTY:
1. That the injury caused be deliberately increased by causing other wrong;
2. That the other wrong be unnecessaryfor the execution of the purpose of the offender.
 Cruelty is not inherent in crimes against persons. In order for it to be appreciated, there must
be positive proof that the wounds found on the body of the victim were inflicted while he was still
alive in order unnecessarily to prolong physical suffering.
 If the victim was already dead when the acts of mutilation were being performed, this would
also qualify the killing to murder due to outraging of his corpse.
• Unlike mitigating circumstances (par. 10,
Art. 13), there is no provision for
aggravating circumstances of a similar or
analogous character.
ART. 15 – ALTERNATIVE CIRCUMSTANCES
• Alternative circumstances – are those which must be taken into consideration as aggravating
or mitigating according to the nature and effects of the crime and the other conditions
attending its commission.
• BASIS: The nature and effects of the crime and the other conditions attending its
commission.

• THE ALTERNATIVE CIRCUMSTANCES ARE:

1. Relationship;
2. Intoxication; and
3. Degree of instruction and education of the offender.
• RELATIONSHIP
The alternative circumstance of relationship shall be taken into consideration when the
offended party is the –
a) Spouse,
b) Ascendant,
c) Descendant,
d) Legitimate, natural, or adopted brother or sister, or
e) Relative by affinity in the same degree of the offender.
OTHER RELATIVES INCLUDED:
1. The relationship of stepfather or stepmother and stepson or stepdaughter.
REASON: It is the duty of the stepparents to bestow upon their stepchildren a mother’s/father’s
affection, care and protection.
2. The relationship of adopted parent and adopted child.
 But the relationship of uncle and niece is not covered by any of the relationship mentioned.
• WHEN RELATIONSHIP MITIGATING AND WHEN AGGRAVATING:
1. As a rule, relationship is mitigating in crimes against property, by analogy to the provisions of
Art. 332. Thus, relationship is mitigating in the crimes of robbery (Arts. 294-302), usurpation (Art.
312), fraudulent insolvency (Art. 314) and arson (Arts. 321-322, 325-326).

2. In crimes against persons – a) It is aggravating where the offended party is a relative of

I. a higher degree than the offender, or
II. when the offender and the offended party are relatives of the same level (e.g. brothers)
b) But when it comes to physical injuries:
i. It is aggravating when the crime involves serious physical injuries (Art. 263), even if
the offended party is a descendant of the offender. But the serious physical injuries must not be
inflicted by a parent upon his child by excessive chastisement.
ii. It is mitigating when the offense committed is less serious physical injuries or
slight physical injuries, if the offended party is a relative of a lower degree.
iii. It is aggravating if the offended party is a relative of a higher degree of the offender.
c) When the crime is homicide or murder, relationship is aggravating even if the victim of the
crime is a relative of a lower degree.
d) In rape, relationship is aggravating where a stepfather raped his stepdaughter or in a
case where a father raped his own daughter.

3. In crimes against chastity, like acts of lasciviousness (Art. 336), relationship is always
aggravating, regardless of whether the offender is a relative of a higher or lower degree of the
offended party.
• When the qualification given to the crime is derived from the relationship between the
offender and the offended party, it is neither mitigating nor aggravating, because it is
inseparable from and inherent in the offense. (e.g. parricide, adultery and concubinage).
• WHEN INTOXICATION MITIGATING AND WHEN AGGRAVATING:
1. Mitigating –
i. If intoxication is not habitual, or
ii. If intoxication is not subsequent to the plan to commit a felony.
2. Aggravating –
i. If intoxication is habitual, or
ii. If it is intentional (subsequent to the plan to commit a felony).

TO BE ENTITLED TO THE MITIGATING CIRCUMSTANCE OF INTOXICATION, IT MUST BE

SHOWN:
1. That at the time of the commission of the criminal act, the accused has taken such quantity of
alcoholic drinks as to blur his reason and deprive him of a certain degree of control, and
2. That such intoxication is not habitual, or subsequent to the plan to commit the felony.
To be mitigating, the accused’s state of intoxication must be proved. Once intoxication is
established by satisfactory evidence, in the absence of proof to the contrary, it is presumed to
be non-habitual or unintentional.
• Instruction or education
– as an alternative circumstance, does not refer only to literary but more to the level of
intelligence of the accused.
- refers to the lack of sufficient intelligence and knowledge of the full significance of one’s
acts.
- Low degree of instruction and education or lack of it is generally mitigating. High degree of
instruction and education is aggravating, when the offender took advantage of his learning in
committing the crime.

GENERAL RULE: Lack of sufficient education is mitigating.

EXCEPTIONS: 1. Crimes against property (e.g. arson, estafa, theft, robbery)
2. Crimes against chastity, and
3. Treason – because love of country should be a natural feeling of every
citizen, however unlettered or uncultured he may be.
ART. 16 – WHO ARE CRIMINALLY LIABLE
FOR GRAVE AND LESS GRAVE FELONIES
1. Principals
2. Accomplices
3. Accessories
FOR LIGHT FELONIES
1. Principals
2. Accomplices
Accessories are not liable for light felonies.
• REASON: In the commission of light felonies, the social wrong as well as the individual
prejudice is so small that penal sanction is deemed not necessary for accessories.
• The classification of the offenders as principal, accomplice, or an accessory is essential
under the RPC. The classification maybe applied to special laws only if the latter provides for
the same graduated penalties as those provided under the RPC.
TWO PARTIES IN ALL CRIMES
1. Active subject (the criminal)
Art. 16 enumerates the active subjects of the crime.
2. Passive subject (the injured party)
Is the holder of the injured right: the man, the juristic person, the group, and the
State.
• Only natural persons can be the active subject of crime because of the highly personal
nature of the criminal responsibility.
• However, corporation and partnership can be a passive subject of a crime.
• Corpses and animals cannot be passive subjects because they have no rights that may be
injured.
• EXCEPTION: Under Art. 253, the crime of defamation may be committed if the imputation
tends to blacken the memory of one who is dead.
• This article applies only when the offenders are to be judged by their individual, and not
collective, liability.
ART. 17 PRINCIPALS
THE FOLLOWING ARE PRINCIPALS:

1. Those who take a direct part in the execution of the act

(PRINCIPAL BY DIRECT PARTICIPATION)

2. Those who directly force or induce others to commit it

(PRINCIPAL BY INDUCTION)

3. Those who cooperate in the commission of the offense by another act

without which it would not have been accomplished
(PRINCIPAL BY INDISPENSABLE COOPERATION).
Par. 1 – Principals by direct participation

REQUISITES:
1. That they participated in the criminal resolution; and
2. That they carried out their plan and personally took part in its execution by acts which
directly tended to the same end.

• MEANING OF “personally took part in its execution”

That the principal by direct participation must be at the scene of the commission of the
crime, personally taking part in its execution.
Par. 2 – Principals by induction

REQUISITES
1. That the inducement be made directly with the intention of procuring the commission of the
crime; and
2. That such inducement be the determining cause of the commission of the crime by the
material executor.

• One cannot be held guilty of having instigated the commission of the crime without first being
shown that the crime was actually committed (or attempted) by another. Thus, there can be
no principal by inducement (or by indispensable cooperation) unless there is a principal by
direct participation. But there can be a principal by direct participation without a principal by
inducement (or by indispensable cooperation).
TWO WAYS OF BECOMING PRINCIPAL BY INDUCTION:
1. By directly forcing another to commit a crime by –
a) Using irresistible force.
b) Causing uncontrollable fear.
• In these cases, there is no conspiracy, not even a unity of criminal purpose and intention.
• Only the one using the force or causing the fear is criminally liable. The material executor is
not criminally liable because of Art. 12, pars. 5 and 6 (exempting circumstances)

2. By directly inducing another to commit a crime by –

a) Giving of price, or offering of reward or promise.
The one giving the price or offering the reward or promiseis a principal by inducement while
the one committing the crime in consideration thereof is a principal by direct participation. There
is collective criminal responsibility.
b) Using words of command
The person who used the words of command is a principal by inducement while the person
who committed the crime because of the words of command is a principal by direct
participation. There is also collective criminal responsibility.
• The inducement must precede the act induced and must be so influential in producing the
criminal act that without it, the act would not have been performed.
• If the person who actually committed the crime had reason of his own to commit the crime, it
cannot be said that the inducement was influential in producing the criminal act.

• EFFECTS OF ACQUITTAL OF PRINCIPAL BY DIRECT PARTICIPATION UPON LIABILITY

OF PRINCIPAL BY INDUCEMENT:
1. Conspiracy is negatived by the acquittal of co-defendant.
2. One cannot be held guilty of having instigated the commission of a crime without first
being shown that the crime has been actually committed by another.
• But if the one charged as principal by direct participation is acquitted because he acted
without criminal intent or malice, his acquittal is not a ground for the acquittal of the principal
by inducement.
• REASON FOR THE RULE: In exempting circumstances, such as when the act is not
voluntary because of lack of intent on the part of the accused, there is a crime committed,
only that the accused is not a criminal.
Par. 3 – Principal by indispensable cooperation

REQUISITES:
1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity
of criminal purpose and intention immediately before the commission of the crime charged; and
2. Cooperation in the commission of the offense by performing another act, without which it
would not have been accomplished.

MEANING OF “cooperation in the commission of the offense”

Means to desire or wish in common a thing. But that common will or purpose does not
necessarily mean previous understanding, for it can be explained or inferred from the
circumstances of each case.
 If the cooperation is not indispensable, the offender is only an accomplice.
• COLLECTIVE CRIMINAL RESPONSIBILITY
This is present when the offenders are criminally liable in the same manner and to the
same extent. The penalty to be imposed must be the same for all.
Principals by direct participation havecollective criminal responsibility.
Principals by induction, except those who directly forced another to commit a crime, and
principals by direct participation have collective criminal responsibility.
Principals by indispensable cooperation have collective criminal responsibilities with the
principals by direct participation.

• INDIVIDUAL CRIMINAL RESPONSIBILITY

 In the absence of any previous conspiracy, unity of criminal purpose and intention
immediately before the commission of the crime, or community of criminal design, the criminal
responsibility arising from different acts directed against one and the same person is individual
and not collective, and each of the participants is liable only for the act committed by him.
ART. 18 ACCOMPLICES
• Accomplices are persons who, not acting as principals, cooperate in the execution of the
offense by previous and simultaneous acts, which are not indispensable to the commission
of the crime.
• They act as mere instruments who perform acts not essential to the perpetration of the
offense.

REQUISITES:
1. That there be community of design; that is, knowing the criminal design of the principal by
direct participation, he concurs with the latter his purpose;
2. That he cooperates in the execution of the offense by previous or simultaneous acts, with the
intention of supplying material or moral aid in the execution of the crime in an efficacious way;
and
3. That there be a relation between the acts done by the principal and those attributed to the
person charged as an accomplice.
• Before there could be an accomplice, there must be a principal by direct participation.

• The person charged as an accomplice should not have inflicted a mortal wound. If he
inflicted a mortal wound, he becomes a principal by direct participation.

• In case of doubt, the participation of the offender will be considered that of an

accomplice rather than that of a principal.
ART. 19 ACCESSORIES
Accessories are those who –
- having knowledge of the commission of the crime, and
- without having participated therein either as principals or accomplices, take part
subsequent to its commission in any of the following acts:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. Assisting the offender to profit by the effects of the crime.
3. By concealing or destroying the body of the crime to prevent its discovery.

• In profiting by the effects of the crime, the accessory must receive the property from the
principal. He should not take it without the consent of the principal. If he took it without the
consent of the principal, he is not an accessory but a principal in the crime of theft.
TWO CLASSES OF ACCESSORIES CONTEMPLATED IN PAR. 3 OF ART. 19

a) Public officers who harbor, conceal or assist in the escape of the principal of any crime (not
light felony) with abuse of his public functions.

Requisites:
1. The accessory is a public officer.
2. He harbors, conceals, or assists in the escape of the principal.
3. The public officer acts with abuse of his public functions.
4. The crime committed by the principal is any crime, provided it is not a light felony.
b) Private persons who harbor, conceal or assist in the escape of the author of the crime who is
guilty of treason, parricide, murder, or attempts against the life of the President, or who is known
to be habitually guilty of some other crime.

Requisites:
1. The accessory is a private person.
2. He harbors, conceals or assists in the escape of the author of the crime.
3. The crime committed by the principal is either:
i. Treason,
ii. Parricide,
iii. Murder,
iv. An attempt against the life of the President, or
v. That the principal is known to be habitually guilty of some other crime.
• Where the alleged principal is acquitted, it is neither proper nor possible to convict the
defendant as an accessory. The responsibility of the accessory is subordinate to that of the
principal in a crime

• HOWEVER, conviction of an accessory is possible notwithstanding the acquittal of the

principal, if the crime was in fact committed, but the principal was not held liable, because of
an exempting circumstance (Art. 12), such as insanity or minority.

• Neither the letter nor the spirit of the law requires that the principal be convicted before one
may be punished as an accessory. As long as the corpus delicti is proved and the
accessory’s participation as such is shown, he can be held criminally responsible and meted
out the corresponding penalty (Inovero vs. Coronel, CA, 65 O.G. 3160).
• The prescribed acts of the accessory under par. 2 must have been intended to prevent the
discovery of the crime, hence, mere silence does not make one an accessory. If, however,
the crime involved is a conspiracy to commit treason, his silence may hold him liable for
misprision of treason (Art. 116) but as a principal thereof.

• Where the accused misleads the authorities by giving them false information, such act is
equivalent to concealment and he should be held as an accessory.
• Anti-Fencing Law of 1979 Pres. Decree 1612

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

Fence – is a person who commits the act of fencing. A fence who receives stolen property as
above-provided is not an accessory but a principal in the crime defined in and punished by the
Anti_x0002_Fencing Law.

• Mere possession of anything of value which has been the subject of robbery or theft shall be
prima facie evidence of fencing.
 ART. 20 – ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABLITY
• The exemption provided for in this article is based on the ties of blood and the preservation
of the cleanliness of one’s name, which compels one to conceal crimes committed by
relatives so near as those mentioned in this article.

• AN ACCESSORY IS EXEMPT FROM CRIMINALLIABLITY WHEN THE PRINCIPAL IS HIS –

1. spouse, or
2. ascendant, or
3. descendant, or
4. legitimate, natural or adopted brother, sister or relative by affinity within the same
degree.
• ACCESSORY IS NOT EXEMPT FROM CRIMINAL LIABILITY EVEN IF THE PRINCIPAL IS
RELATED TO HIM, IF SUCH ACCESSORY –
1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects of the crime.

REASON: Because such acts are prompted not by affection but by a detestable greed.

Public officer contemplated in par. 3 of Art. 19 is exempt by reason of relationship to the

principal, even if such public officer acted with abuse of his official functions.
REASON: Ties of blood or relationship constitutes a more powerful incentive than the call of
duty.

P.D. 1829 penalizes the act of any person who knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of suspects and the investigation and prosecution of
criminal cases.
 The benefits of the exception in Art. 20 do not apply to PD 1829.
 TITILE THREE: PENALTIES
Chapter One: Penalties in General (Arts. 21-24)
• Penalty – is the suffering that is inflicted by the State for the transgression of the law.

DIFFERENT JURIDICAL CONDITIONS OF PENALTY

1. Must be productive of suffering, without however affecting the integrity of the human
personality.
2. Must be commensurate with the offense – different crimes must be punished with different
penalties.
3. Must be personal – no one should be punished for the crime of another.
4. Must be legal – it is the consequence of a judgment according to law.
5. Must be certain – no one may escape its effects.
6. Must be equal for all.
7. Must be correctional.
• PURPOSE OF THE STATE IN PUNISHING CRIMES
The State has an existence of its own to maintain, a conscience to assert, and moral
principles to be vindicated. Penal justice must therefore be exercised by the State in the service
and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment
inflicted.
The basis of the right to punish violations of penal law is the police power of the State.

THEORIES JUSTIFYING PENALTY:

1. Prevention – to prevent or suppress the danger to the State arising from the criminal act of
the offender.
2. Self-defense – so as to protect society from the threat and wrong inflicted by the criminal.
3. Reformation – the object of punishment in criminal cases is to correct and reform the
offender.
4. Exemplarity – the criminal is punished to serve as an example to deter others fromcommitting
crimes.
5. Justice – that crime must be punished by the State as an act of retributive justice, a
vindication of absolute right and moral law violated by the criminal.
 • THREE-FOLD PURPOSE OF PENALTY UNDER THE CODE:

1. Retribution or expiation – the penalty is commensurate with the gravity of the

offense.

2. Correction or reformation – shown by the rules which regulate the execution

of the penalties consisting in deprivation of liberty.

3. Social defense – shown by its inflexible severity to recidivists and habitual

delinquents.
ART. 21 – PENALTIES THAT MAY BE IMPOSED
A felony shall be punishable only by the penalty prescribed by law at the time of
its commission. It is a guaranty to the citizen of this country that no acts of his, will be
considered criminal until the Government has made it so by law and has provided a
penalty.

REASON: Because a law cannot be rationally obeyed unless it is first shown, and a
man cannot be expected to obey an order that has not been given.
ART. 22 – RETROACTIVE EFFECT OF PENAL LAWS

GENERAL RULE: Penal laws are applied prospectively.

EXCEPTION: When retrospective application will be favorable to the person guilty of a felony;
Provided that:
1. The offender is NOT a habitual criminal (delinquent) under Art. 62(5);
2. The new or amendatory law does NOT provide against its retrospective application.

• Habitual delinquent – a person who, within a period of ten years from the date of his release
or last conviction of the crimes of serious or less serious physical injuries, robbery, theft,
estafa, or falsification, is found guilty of any said crimes a third time or oftener.
ART. 23- EFFECT OF PARDON BY THE OFFENDED PARTY

GENERAL RULE – Pardon by the offended party does not extinguish the criminal liability of the
offender.
REASON: A crime committed is an offense against the State. Only the Chief Executive can pardon the
offenders.
EXCEPTION - Pardon by the offended party will bar criminal prosecution in the following
crimes:
a. Adultery and Concubinage (Art. 344, RPC)
– EXPRESS or IMPLIED pardon must be given by offended party to BOTH offenders.
- Pardon must be given PRIOR to institution of criminal action.
b. Seduction, Abduction, Acts of Lasciviousness (Art. 344, RPC)
– EXPRESS pardon given by offended party or her parents or grandparents or guardian
- Pardon must be given PRIOR to the institution of the criminal action. However, marriage
between the offender and the offended party EVEN AFTER the institution of the criminal action
or conviction of the offender will extinguish the criminal action or remit the penalty already
imposed against the offender, his co-principals, accomplices and accessories after the fact.
 c. Rape (as amended by R.A. 8353)
- The subsequent valid marriage between the offender and the offended party shall
extinguish criminal liability or the penalty imposed. In case the legal husband is the offender,
subsequent forgiveness by the wife as offended party shall also produce the same effect.

• Pardon by the offended party under Art. 344 is ONLY A BAR to criminal prosecution; it is
NOT a ground for extinguishment of criminal liability. Nevertheless, civil liability may be
extinguished by the EXRESS WAIVER of the offended party.
ART. 24 – MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED
PENALTIES

• THE FOLLOWING ARE NOT 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 Art. 80 (now Art. 192, PD
No. 603) and for the purposes specified therein.
3. Suspension from the employment or public office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative or
disciplinary powers, superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil law may establish in penal form.
Reasons why they are not penalties:

1. Because they are not imposed as a result of judicial proceedings. Those mentioned
in paragraphs 1, 3 and 4 are merely preventive measures before conviction of
offenders.

2. The offender is not subjected to or made to suffer these measures in expiation of or

as punishment for a crime.
Chapter Two: Classification of Penalties (Arts. 25-26)

ART. 25 – PENALTIES WHICH MAY BE IMPOSED

• CLASSIFICATION OF PENALTIES UNDER ARTICLE 25:

a) Based on their severity or gravity

1. Capital,
2. Afflictive,
3. Correctional,
4. Light
This classification corresponds to the classification of felonies in Art. 9, into grave, less grave
and light.
b) Based on their nature
1. Principal penalties – those expressly imposed by the court in the judgment of conviction. May
be further classified based on divisibility
i. Divisible – are those that have fixed duration and are divisible into three periods.
ii. Indivisible – are those which have no fixed duration. These are:
1) Death
2) Reclusión perpetua
3) Perpetual absolute or special disqualification
4) Public censure
2. Accessory penalties – are those that are deemed included in the principal penalties.
 Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and suspension may be
principal or accessory penalties.
EXAMPLES:
I. Perpetual absolute disqualification is a principal penalty in prevaricacion (Art. 204) and perpetual special disqualification,
in malversation (Art. 217).
II. Temporary absolute disqualification is a principal penalty when the accessory acts with abuse of public functions (Art,
19[3] and Art. 58) and temporary special disqualification, in direct bribery (Art. 206).
III. Suspension is a principal penalty in rendition of unjust interlocutory orders (Art. 206).
c) Based on subject matter
1. Corporal (death).
2. Deprivation of freedom (reclusion, prision, arresto).
3. Restriction of freedom (destierro).
4. Deprivation of rights (disqualification and suspension).
5. Pecuniary (fine).
ART. 26 FINE – WHEN AFFLICTIVE, CORRECTIONAL OR LIGHT
FINE IS: 1. Afflictive – over P6,000.00
2. Correctional – P200.00 to P6,000.00
3. Light penalty – less than P200.00
– Same basis may be applied to Bond to keep the peace by analogy.

This article determines the classification of a fine whether imposed as a single or as an alternative penalty for
a crime.
The rule herein does not apply where the fine involved is in a compound penalty, that is, it is imposed in
conjunction with another penalty.
Where the fine in question is exactly P200, under Art. 9 it is a light felony, hence the felony involved is a light
felony; whereas under Art. 26, it is a correctional penalty, hence the offense involved is a less grave felony. It
has been held that this discrepancy should be resolved liberally in favor of the accused, hence Art. 9 prevails
over Art. 26 (People vs. Yu Hai, 99 Phil. 725).
HOWEVER, according to Justice Regalado there is no such discrepancy. What is really in issue is the
prescription of the offense vis-a-visthe prescription of the penalty, the former being the forfeiture of the right of
the State to prosecute the offender and the latter being the loss of its power to enforce the judgment against
the convict.
Chapter Three: Duration and Effects of Penalties (Arts. 27-45)
Section One – Duration of Penalties

ART. 27 – DURATION OF EACH DIFFERENT PENALTIES

1. Reclusión perpetua – 20 yrs. and 1 day to 40 yrs.
2. Reclusión temporal – 12 yrs. and 1 day to 20 yrs.
3. Prisión mayor and temporary disqualification – 6 yrs. and 1 day to 12 yrs., except when
disqualification is an accessory penalty, in which case its duration is that of the principal penalty.
4. Prisión correccional, suspensión, and destierro – 6 mos. and 1 day to 6 yrs., except when
suspensión is an accessory penalty, in which case its duration is that of the principal penalty.
5. Arresto mayor – 1 mo. And 1 day to 6 mos.
6. Arresto menor – 1 day to 30 days
7. Bond to keep the peace – the period during which the bond shall be effective is discretionary
on the court.
 Destierro is a principal, correctional and divisible penalty.

In what cases is destierro imposed?

1. Serious physical injuries 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 cases where after reducing the penalty by one or more degrees, destierro is the
proper penalty.
ART. 28 – COMPUTATION OF PENALTIES

1. When the offender is in prison – the duration of temporary penalties is from the day on which
the judgment of conviction becomes final.

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.

3. The duration of other penalties – the duration is from the day on which the offender
commences to serve his sentence.
ART. 29 – PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF
IMPRISONMENT

 Preventive imprisonment – is the period of detention undergone by an accused where the

crime with which he is charged is non-bailable or, even if bailable, he is unable to post the
requisite bail.

• These rules on preventive imprisonment apply to all sentences regardless of the duration
thereof, including the so-called perpetual penalties as long as they involve deprivation of
liberty. It applies to destierro.

• When is the detention prisoner entitled to the full credit of his preventive imprisonment?
If the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners.
• When will he be credited only with four fifths the time during which he has undergone
preventive imprisonment?
If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners.
• The following offenders are not entitled to be credited with the full time or four- fifths of the
time of preventive imprisonment:

1. Recidivists or those convicted previously twice or more times of any crime.

2. Those who, upon being summoned for the execution of their sentence, failed to surrender
voluntarily.
• Habitual delinquents are included in No. 1.
• No. 2 refers to convicts who failed to voluntarily surrender to serve their penalties under a
final judgment, since this is indicative of a greater defiance of authority. It does not refer to
failure or refusal to voluntarily surrender after the commission of the crime.
Section Two – Effects of the penalties according to their respective nature.

• A plebiscite is not mentioned or contemplated in Art.30, par. 2 (deprivation of the right to

vote), hence, the offender may vote in that exercise, subject to the provisions of pertinent
election laws at the time.
• Perpetual absolute disqualification is effective during the lifetime of the convict and even
after the service of the sentence.
• Temporary absolute disqualification lasts during the term of the sentence, and is removed
after the service of the same, EXCEPT:
1) Deprivation of the public office or employment, and
2) Loss of all rights to retirement pay or other pension for any office formerly held.
• Bond to keep the peace is different from bail bond which is posted for the provisional release
of a person arrested for or accused of a crime.
ART. 36 – PARDON; ITS EFFECTS
EFFECTS OF PARDON BY THE PRESIDENT

1. A pardon shall not restore the right to hold public office or the right of suffrage.
EXCEPTION: When any or both such rights is/are expressly restored by the terms of the
pardon.
2. It shall not exempt the culprit from the payment of the civil liability.

LIMITATIONS UPON THE EXERCISE OF THE PARDONING POWER:

1. That the power can be exercised only after conviction “by final judgment”;
2. That such power does not extend to cases of impeachment.
GENERAL RULE: When the principal penalty is remitted by pardon, only the effect of that
principal penalty is extinguished, but not the accessory penalties attached to it.
EXCEPTION: When an absolute pardon is granted after the term of imprisonment has expired,
it removes what is left of the consequences of conviction.
PARDON BY THE CHIEF EXECUTIVE (ART. 36) PARDON BY OFFENDED PARTY (ART. 23)
As to the crime covered
Can extend to any crime, unless otherwise provided by Applies only to crimes against chastity under the
or subject to conditions in the Constitution or the RPC.
laws.
As to extinguishment of criminal liability
Extinguishes criminal liability. Does not extinguish criminal liability although it may
constitute a bar to the prosecution of the offender.
At to the effect on civil liability
Cannot affect the civil liability ex delicto of the offender. The offended party can waive the civil liability.
When granted
Can be extended only after conviction by final judgment Can be validly granted only before the institution of
of the accused. the criminal action.
To whom granted
To any or all of the accused In adultery and concubinage, must include both
offenders.
As to whether it can be conditional
May be absolute or conditional Cannot validly be made subject to a condition.
ART. 37 – COSTS
 Costs or costs of suit – are the expenses of litigation allowed and regulated by the Rules
of Court to be assessed against or to be recovered by a party in litigation.

 THE FOLLOWING ARE INCLUDED IN COSTS:

1. Fees, and
2. Indemnities, in the course of judicial proceedings.

 Are chargeable to the accused only in cases of conviction. In case of acquittal, the costs are
de oficio, meaning each party bearing his own expenses.
 The payment of costs is a matter that rests entirely upon the discretion of courts.
ART. 38 - PECUNIARY LIABILITIES

What are the pecuniary liabilities of persons criminally liable?

They are, in the following order:
1. The reparation of the damage caused
2. Indemnification of the consequential damages
3. Fine
4. Costs of proceedings.

When is Art.38 applicable?

In case the property of the offender should not be sufficient for the payment of all his
pecuniary liabilities.
ART. 39 – SUBSIDIARY PENALTY
 Subsidiary penalty – it is a subsidiary personal liability to be suffered by the convict who
has no property with which to meet the fine, at the rate of one day for each eight pesos
(P8.00), subject to the rules provided for in Art. 39.

  Subsidiary penalty shall be proper only if the accused has no property with which to
pay the fine, and not as a matter of choice on his part by opting to go to jail instead of
paying.
  Subsidiary penalty is not an accessory penalty, hence it must be specifically imposed
by the court in its judgment, otherwise the accused cannot be made to serve the
corresponding subsidiary imprisonment.
RULES AS TO SUBSIDIARY PENALTY
1. If the penalty imposed is prisión correccional or arresto and fine –subsidiary imprisonment is
not to exceed 1/3 of the term of the sentence, and in no case to continue for more than one
year. Fraction or part of a day, not counted.
2. When the penalty imposed is fine only – subsidiary imprisonment
a) not to exceed 6 months – if the culprit is prosecuted for grave or less grave felony,
and
b) not to exceed 15 days – if prosecuted for light felony.
3. When the penalty imposed is higher than prisión correccional – no subsidiary imprisonment.
4. If the penalty imposed is not to be executed by confinement, but of fixed duration – subsidiary
penalty shall consist in the same deprivations as those of the principal penalty, under the same
rules as nos. 1, 2 and 3 above.
5. In case the financial circumstances of the convict should improve, he shall pay the fine,
notwithstanding the fact that the convict suffered subsidiary personal liability therefor.

 When the penalty prescribed for the offense is imprisonment, it is the penalty actually
imposed by the Court, not the penalty provided for by the Code, which should be considered in
determining whether or not subsidiary penalty should be imposed.
NO SUBSIDIARY PENALTY SHALL BE IMPOSED WHERE:
1. The penalty imposed is higher than prisión correccional or 6 years,
Additional penalty for habitual delinquency should be included in determining whether or not
subsidiary penalty should be imposed.
2. For non-payment of reparation or indemnification,
3. For non-payment of costs, and
4. Where the penalty imposed is a fine and another penalty without fixed duration, like censure.

The rules on subsidiary penalty in Art. 39 are applicable to crimes punishable by special laws by
force of Art. 10 of the Code.
Section Three – Penalties in which other accessory penalties are inherent

OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES

1. Death, when not executed by reason of commutation or pardon
i. Perpetual absolute disqualification, and
ii. Civil interdiction during 30 years, if not expressly remitted in the pardon.
2. Reclusión perpetua and reclusión temporal
i. Civil interdiction for life or during the sentence, and
ii. Perpetual absolute disqualification, unless expressly remitted in the pardon of the
principal penalty.
3. Prisión mayor
i. Temporary absolute disqualification, and
ii. Perpetual special disqualification from suffrage, unless expressly remitted in the pardon
of the principal penalty.
4. Prisión correccional
i. Suspension from public office, profession or calling, and
ii. Perpetual special disqualification from suffrage, if the duration of imprisonment exceeds
18 months, unless expressly remitted in the pardon of the principal penalty.
• There is perpetual special disqualification from suffrage, only when the duration of the
imprisonment exceeds 18 months.

5. Arresto – suspension of the right to hold office and the right of suffrage during the term of the
sentence.

The Code does not provide for any accessory penalty for destierro.
 RECLUSION PERPETUA LIFE IMPRISONMENT

Has a specific duration of 20 years Has no definite term or accessory

and 1 day to 40 years and accessory penalties.
penalties.

Imposable on felonies punished by Imposable on crimes punishable by special

the RPC. laws.
ART. 45 – CONFISCATION AND FORFEITURE OF THE PROCEEDS OF THE CRIME

• OUTLINE OF THE PROVISION OF THIS ARTICLE

1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and
the instruments or tools used in the commission of the crime.
2. The proceeds and instruments or tools of the crime are confiscated and forfeited in
favor of the Government.
3. Property of a third person not liable for the offense, is not subject to confiscation and
forfeiture.
4. Property not subject of lawful commerce (whether it belongs to theaccused or to third
person) shall be destroyed.

The confiscation and forfeiture of the proceeds and instruments of a crime is an accessory
penalty.
• The provisions of Art. 45 cannot apply when
1. The instruments belong to innocent third parties,
2. Such properties have not been placed under the jurisdiction of the court, and
3. When it is legally or physically impossible.

This accessory penalty presupposes a judgment of conviction. However, even if the

accused is acquitted on reasonable doubt, but the instruments or proceeds are contraband, the
judgment of acquittal shall order their forfeiture for appropriate disposition.
Chapter Four: Application of Penalties
(Arts. 46-72)
Section One – Rules for application of
penalties to the persons criminally
liable and for the graduation of the
same.
ART. 46. PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL

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

GRADUATION OF PENALTIES
1. BY DEGREES – refers to
a) the stages of execution (consummated, frustrated, or attempted); and
b) the degree of the criminal participation of the offender (whether as principal, accomplice or
accessory).
2. BY PERIODS – refers to the proper period of the penalty which should be imposed when
aggravating or mitigating circumstances attend the commission of the crime.
ART. 47 CASES WHEREIN THE DEATH PENALTY SHALL NOT BE IMPOSED
1. UNDER AGE. When the offender is below 18 years of age at the time of the
commission of the crime.
2. OVER AGE. When the guilty person is more than seventy (70) years of age.
3. NO COURT MAJORITY. When upon appeal or automatic review of the case by the
Supreme Court, the vote of eight members is not obtained for the imposition of the death
penalty.

Automatic review is available only in cases where death penalty is imposed (R.A. 7659).
 ART. 48 COMPLEX CRIMES

CONCEPT:
1. In complex crime, although 2 or more crimes are actually committed, they constitute only one
crime in the eyes of the law as well as in the conscience of the offender.
2. The offender has only one criminal intent, hence there is only one penaltyimposed for the
commission of a complex crime.
TWO KINDS OF COMPLEX CRIMES:
1. COMPOUND CRIME (delito compuesto) – a single act constitutes 2 or more grave or less
grave felonies.
REQUISITES:
1. That only a single act is performed by the offender;
2. That the single act produces: (1) two or more grave felonies, or (2) one or more grave
and one or more less grave felonies.

2. COMPLEX CRIME PROPER (delito complejo) – an offense is a necessary means for

committing the other.
REQUISITES:
1. That at least two offenses are committed;
2. That one or some of the offenses must be necessary to commit the other;
3. That both or all of the offenses must be punished under the same statute.
NO COMPLEX CRIME IN THE FOLLOWING CASES
1. In case of continuing crimes
2. When one offense is committed to conceal the other.
3. When the other crime is an indispensable part or an element of the other offenses.
4. Where one of the offenses is penalized by a special law.

Art. 48 does not apply when the law provides one single penalty for special complex crime.
These include –
• Robbery with Homicide
• Robbery with Rape
• Rape with Homicide
• Kidnapping with Serious
• Physical Injuries
• Kidnapping with Homicide or
• Murder
 The penalty for complex crime is the penalty for the most serious crime, the same to be
applied in its maximum period.

 If different crimes resulting from one single act are punished with the same penalty, the
penalty for any one of them shall be imposed, the same to be applied in the maximum
period.

 Art. 48 applies to crimes through negligence. E.g.: offender found guilty of a complex crime
of homicide with less serious physical injuries through reckless imprudence.

 When 2 felonies constituting a complex crime are punishable by imprisonment and fine,
respectively, only the penalty of imprisonment should be imposed. REASON: fine is not
included in the list of penalties in the order of severity, and it is the last in the graduated
scales in Art. 71 of the RPC.
 Plurality of Crimes- consists in the successive execution, by the same individual, of different
criminal acts, upon any of which no conviction has yet been declared.

KINDS:
1. FORMAL OR IDEAL PLURALITY- only ONE CRIMINAL LIABILITY.

THREE GROUPS UNDER THE FORMAL TYPE:

a) When the offender commits any of the complex crimes in ART 48.
b) When the law specifically fixes a single penalty for two or more offenses committed.
c) When the offender commits continuing crimes.

2. REAL OR MATERIAL PLURALITY - DIFFERENT CRIMES in law, as well as in the conscience

of the offender; the offender shall be PUNISHED FOR EACH and every offense that he
committed.

 CONTINUING CRIME – is a single crime, consisting of a series of acts, but all arising from
ONE CRIMINAL RESOLUTION; length of time in the commission is immaterial.
ART. 49 PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME
COMMITTED IS DIFFERENT FROM THAT INTENDED

RULES:
1. If the penalty for the felony committed be higher than the penalty for the offense which the
accused intended to commit, the lower penalty shall be imposed in its maximum period.

2. If the penalty for the felony committed be lower than the penalty for the offense which the
accused intended to commit, the lower penalty shall be imposed in its maximum period.

3. If the act committed also constitutes an attempt or frustration of another crime, and the law
prescribes a higher penalty for either of the latter, the penalty for the attempted or frustrated
crime shall be imposed in its maximum period.
ART. 59. PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME
BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE

The penalty for impossible crime is Arresto Mayor (imprisonment of 1 mo and 1 day to 6
mos) or fine ranging from 200-500pesos.

BASIS FOR THE IMPOSITION OF PROPER PENALTY

1. Social danger; and
2. Degree of criminality shown by the offender
  ART. 61. RULES OF GRADUATING PENALTIES
According to Arts. 50-57, the penalty prescribed by law for the felony shall be lowered by one or
two degrees, as follows:

1. For the principal in frustrated felony – one degree lower;

2. For the principal in attempted felony –two degrees lower;
3. For the accomplice in consummated felony – one degree lower;
4. For the accessory in consummated felony – two degrees lower;

DIAGRAM OF THE APPLICATION OF ARTS. 50- 57:

CONSUMMATED FRUSTRATED ATTEMPTED
Principal 0 1 2
Accomplice 1 2 3
Accessory 2 3 4
ART. 62. EFFECTS OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING
CIRCUMSTANCES AND OF HABITUAL DELIQUENCY

EFFECTS:
1. Aggravating circumstances (generic and specific) have the effect of increasing the
penalty, without however exceeding the maximum period provided by law.
2. Mitigating circumstances have the effect of diminishing the penalty.
3. Habitual delinquency has the effect, not only of increasing the penalty because of
recidivism which is generally implied in habitual delinquency, but also of imposing an
additional penalty.
REQUISITES OF HABITUAL DELIQUENCY:

1. that the offender had been convicted of any of the crimes of serious or less
serious physical injuries, robbery, theft, estafa or falsification.
2. that after conviction or after serving his sentence, he again committed, and, within
10 years from his last release of first conviction, he was again convicted of any of
the said crimes for the second time.
3. that after his conviction of, or after serving sentence for the second offense, he
again committed, and, within 10 years from his last release or last conviction, he
was again convicted of any of said offenses, the third time or oftener.
 Habituality distinguished from recidivism
HABITUAL DELIQUENCY RECIDIVISM
As to the CRIMES committed
The crimes are specified It is sufficient that the accused on the date of his trial,
shall have been previously convicted by final
judgment of another crime embraced in the same title.
As to the PERIOD of time the crimes are committed
The offender is found guilty within ten No period of time between the former conviction and
years from his last release or last the last conviction.
conviction.
As to the NUMBER of crimes committed
The accused must be found guilty the third time The second offense is for an offense found in the
or oftener of the crimes specified. same title.

As to their EFFECTS
An additional penalty is also imposed If not offset by a mitigating circumstance,
serves to increase the penalty only to
the maximum
• ART. 63 RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES

OUTLINE OF THE RULES:

1. When the penalty is single indivisible, it shall be applied regardless of any mitigating
(except if privilege mitigating) or aggravating circumstances.
2. When the penalty is composed of two indivisible penalties, the following rules shall
be observed:
a) When there is only one aggravating circumstance, the greater penalty shall be
imposed.
b) When there is neither mitigating nor aggravating circumstances, the lesser penalty
shall be imposed.
c) When there is a mitigating circumstance and no aggravating circumstance, the
lesser penalty
shall be imposed.
d) When both mitigating and aggravating circumstances are present, the court shall
allow them to offset one another.
ART. 64 RULES FOR THE APPLICATION OF PENALTIES, WHICH CONTAIN THREE
PERIODS CASES IN WHICH MITIGATING AND AGGRAVATING CIRCUMSTANCES ARE NOT
CONSIDERED IN THE IMPOSITION OF PENALTY:

1. When the penalty is single and indivisible (except if privileged mitigating)

2. In felonies through negligence
3. When the penalty is only a fine imposed by an ordinance
4. When the penalties are prescribed by special laws
ART. 66. IMPOSITION OF FINES

OUTLINE OF THE PROVISION:

1. The court can fix any amount of the fine within the limits established by law.
2. The court must consider: (1) the mitigating and aggravating circumstances; and (2)
more particularly, the wealth or means of the culprit.
3. The court may also consider: (1) the gravity of the crime committed; (2) the
heinousness of its perpetration; and (3) the magnitude of its effects on the offender’s
victims.
ART. 68. PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS
OF AGE

APPLICATION OF ART. 68:

 This article is not immediately applicable to a minor under 18 years of age, because
such minor, if found guilty of the offense charged, is not sentenced to any penalty. The
sentence is suspended and he is ordered committed to the reformatory institution, IF, his
application therefore is approved by the court.

 This article is applicable when the minor’s application for suspension of sentence is
DISAPPROVED or if while in the reformatory institution he becomes INCORRIGIBLE, in
which case he shall be returned to the court for the imposition of the proper penalty.
ART. 70. SUCCESSIVE SERVICE OF SENTENCE

• THE THREE-FOLD RULE

1. THE MAXIMUM DURATION OF THE CONVICT’S SENTENCE shall not be more than
three times the length of time corresponding to the most severe of the penalties imposed
upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is to serve 4 or more sentences successively.
4. Subsidiary penalty forms part of the penalty.
ART. 72. PREFERENCE IN THE PAYMENT OF
CIVIL LIABILITIES

Civil liability is satisfied by following the

chronological order of the dates of the
final judgment.
Section Three – Provisions common in the last two preceding sections (Arts. 73-77)

ART. 77. WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE

DISTINCT PENALTIES

COMPLEX PENALTY - is a penalty prescribed by law composed of three distinct

penalties, each forming a period: the lightest of them shall be the minimum, the next the
medium, and the most severe the maximum period.
INDETERMINATE SENTENCE LAW (ISL) Act No. 4103 as amended by Act No. 4225

CONCEPT OF INDETERMINATE SENTENCE

– is a sentence with a minimum term and a maximum termwhich, the court is mandated to
impose for the benefit of a guilty person who is not disqualified therefore, when the maximum
imprisonment exceeds one (1) year. It applies to both violations of Revised Penal Code and
special laws.

A. SENTENCE IN THE ISL

In imposing a prison sentence for an offense punished by the Revised Penal Code or
special penal laws, the court shall sentence the accused to an indeterminate sentence, which
has a maximum and a minimum term based on the penalty actually imposed.

• ISL application is mandatory, where imprisonment would exceed one year.

I. IF THE PENALTY IS IMPOSED BY THE RPC:
1. The Maximum Term – is that which could be properly imposed under the RPC, considering
the aggravating and mitigating circumstances.
2. The MinimumTerm – is within the range of the penalty one degree lower than that prescribed
by the RPC, without considering the circumstances.

BUT when there is a privileged mitigating circumstance, so that the penalty has to be lowered
by one degree, the STARTING POINT for determining the minimum term of the indeterminate
penalty is the penalty next lower than that prescribed by the Code for the offense.
II. IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW
a) The Maximum Term – must not exceed the maximum term fixed by said law.
b) The Minimum Term – must not be less than the minimum term prescribed by the same.

For SPECIAL LAWS, it is anything within the inclusive range of the prescribed penalty. Courts
are given discretion in the imposition of the indeterminate penalty. Theaggravating and
mitigating circumstances are not considered unless the special law adopts the same
terminology for penalties as those used in the RPC (such as reclusión perpetua and the like).
B. WHEN BENEFIT OF THE ISL IS NOT APPLICABLE:
The Indeterminate Sentence Law shall not apply to the following persons:
1. sentenced to death penalty or life imprisonment
2. treason, or conspiracy or proposal to commit treason
3. misprision of treason, rebellion, sedition or espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded sentence
7. granted with conditional pardon by the President, but violated the terms thereof
8. maximum term of imprisonment does not exceed 1 year
9. sentenced to the penalty of destierro or suspension only

C. RELEASE OF THE PRISONER ON PAROLE

The Board of Pardons and Parole may authorize the release of a prisoner on parole, after he shall
have served the minimum penalty imposed on him, provided that:
a) Such prisoner is fitted by his training for release,
b) There is reasonable probability that he will live and remain at liberty without violating the law,
c) Such release will not be incompatible with the welfare of society.
D. ENTITLEMENT TO FINAL RELEASE AND DISCHARGE
If during the period of surveillance such paroled prisoner shall: (a) show himself to be a law
abiding citizen and, (b) shall not violate any law, the Board may issue a final certification in his
favor, for his final release and discharge.

E. SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE

When the paroled prisoner shall violate any of the conditions of his parole: (a) the Board
may issue an order for his arrest, and thereafter, (b) the prisoner shall serve the remaining
unexpired portion of the maximum sentence for which he was originally committed to prison.
F. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE
SENTENCE

The minimum and maximum terms in the IS must be fixed, because they are the basis for the
following:
1. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on him, and (b) is fit for
release of the prisoner on parole, upon terms and conditions prescribed by the Board.

2. But when the paroled prisoner violates any of the conditions of his parole during the period of
surveillance, he may be rearrested to serve the remaining unexpired portion of the MAXIMUM
sentence.

3. Even if a prisoner has already served the MINIMUM, but he is not fitted for release on the
parole, he shall continue to serve until the end of the MAXIMUM term.
• PROBATION LAW OF 1976(PD 968, AS AMENDED)

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

B. APPLICATION
This shall apply to all offenders except those entitled to benefits under PD 603 and similar
laws.
C. RULES ON GRANT OF PROBATION

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

E. CRITERIA FOR PLACING AN OFFENDER ON PROBATION

The court shall consider:
1. All information relative to the character, antecedents, environment, mental, and physical
condition of the offender.
2. Available institutional and community resources.

F. PROBATION SHALL BE DENIED IF THE COURT FINDS THAT:

1. The offender is in need of correctional treatment that can be provided effectively by his
commitment to an institution.
2. There is undue risk of committing another crime.
3. Probation will depreciate the seriousness of the offense committed.
G. DISQUALIFIED OFFENDERS THE BENEFITS OF THE DECREE SHALL NOT BE
EXTENDED TO THOSE:

1. Sentenced to serve a maximum term of imprisonment of more the 6 years.

2. Convicted of subversion or any crime against the national security or the public order.
3. Previously convicted by final judgment of an offense punished by imprisonment of not less
than 1 month and 1 day and/or a fine not less than P200.
4. Once placed on probation.
H. CONDITIONS OF PROBATION

2 KINDS OF CONDITIONS IMPOSED:

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

FOR HOW LONG MAY A CONVICT BE PLACED ON PROBATION?

1. If the convict is sentenced to a term of imprisonment of NOT more than one year, the period
of probation shall not exceed 2 years.

2. In all other cases, if he is sentenced to more than one year, said period shall not exceed 6
years.

3. When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment. The period of probation shall be twice the total number of days of subsidiary
imprisonment.
J. ARREST OF PROBATIONER AND SUBSEQUENT DISPOSITIONS
1. At any time during probation, the court may issue a warrant for the ARREST of a probationer for
any serious violation of the conditions of probation.
2. If violation is established, the court may (a) REVOKE his probation, or (b) continue his probation
and MODIFY the conditions thereof. This order is not appealable.
3. If revoked, the probationer shall SERVE the sentence originally imposed.

K. TERMINATION OF PROBATION
The court may order the final discharge of the probationer upon finding that, he has fulfilled the
terms and conditions of his probation.

L. 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.
 Note that the probation is NOT coterminous with its period. There must be an order issued by
the court discharging the probationer.
Chapter Five: Execution and Service of Penalties (Arts. 78-88)

ART. 83. SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE

Death sentence shall be suspended when accused is a:
1. Woman, while pregnant,
2. Woman, within one year after delivery,
3. Person over 70 years of age;
4. Convict who becomes insane, after final sentence of death has been pronounced.

ART. 87. DESTIERRO ONLY IN THE FOLLOWING CASES IS DESTIERRO IMPOSED:

1. Death or serious physical injuries is caused or are inflicted under exceptional circumstances
(Art. 247);
2. Failure to give bond for good behavior in grave and light threats (Art. 284);
3. Penalty for the concubine in concubinage (Art. 334);
4. When, after reducing the penalty by one or more degrees, destierro is the proper penalty.
 TITLE FOUR: EXTINCTION OF CRIMINAL LIABILITY
Chapter One: Total Extinction of Criminal Liability (Arts. 89-93)

ART. 89. CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED

HOW CRIMINAL LIABLITY TOTALLY EXTINGUISHED:
1. By the DEATH of the convict as to personal penalties; BUT as to pecuniary penalties, liability
is extinguished only when the death of the offender occurs before or after final judgment
2. By SERVICE OF 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 PENALTY
7. By MARRIAGE OF THE OFFENDED WOMAN with the offender in the crimes of rape,
seduction, abduction, and acts of lasciviousness. In the crimes of rape, seduction, abduction,
and acts of lasciviousness, the marriage, as provided under Art 344, must be contracted in
good faith.
 AMNESTY – is an act of the sovereign power granting oblivion or general pardon for a past
offense, and is rarely if ever exercised in favor of a single individual, and is usually extended
in behalf of certain classes of persons who are subject to trial but have not yet been convicted.

 PARDON – is an act of grace, proceeding from the power entrusted with the execution of the
laws, which exempts the individual on whom it is bestowed from the punishment the law
inflicts for the crime he has committed.
 Prescription of the crime – is the forfeiture or loss of the right of the State to prosecute the
offender, after the lapse of a certain time.

PRESCRIPTIVE PERIODS OF CRIMES:

1. Crimes punishable by
a) Death, reclusión perpetua or reclusión temporal – 20 years
b) afflictive penalties – 15 years
c) correctional penalties – 10 years except those punishable by arresto mayor which
shall prescribe in 5 years.
 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 above.
2. Crime of libel – 1 year
3. Offenses of oral defamation and slander by deed – 6 months
4. Light offenses – 2 months
 Prescription of the penalty – is the loss or forfeiture of the right of the government to execute
the final sentence, after the lapse of a certain time.

PRESCRIPTIVE PERIODS OF PENALTIES:

1. Death and reclusión perpetua – 20 years
2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years except for the penalty of arresto mayor which prescribes in
5 years.
4. Light penalties – 1 year
ART. 93. COMPUTATION OF THE PRESCRIPTION OF PENALTIES
OUTLINE
1. Period of prescription commences to run from the date when the culprit evaded the service of his
sentence.
2. It is interrupted when the convict
a) gives himself up,
b) is captured,
c) goes to a foreign country with which we have no extradition treaty, or
d) commits any crime before the expiration of the period of prescription.

ELEMENTS
1. That the penalty is imposed by final judgment
2. That the convict evaded the service of his sentence by escaping during the term of his sentence
3. The convict who escape from prison has not given himself up, or been captured, or gone to a
foreign country
4. That the penalty has prescribed because of the lapse of time from the date of the evasion of
service of the sentence by the convict.
Chapter Two: Partial Extinction of Criminal Liability (Arts. 94-99)
ART. 94. PARTIAL EXTINCTION OF CRIMINAL LIABILITY

CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHED:

1. By CONDITIONAL PARDON;
2. By COMMUTATION OF SERVICE
3. For GOOD CONDUCT ALLOWANCES which the culprit may earn while he is serving sentence;
4. By PAROLE
a. Parole – is the suspension of the sentence of a convict, after serving the minimum term of the
indeterminate penalty, without being granted a pardon, prescribing the terms upon which the
sentence shall be suspended
b. If the convict fails to observe the condition of the parole, the Board of Pardons and Parole is
authorized to : (1) direct his ARREST AND RETURN TO CUSTODY and thereafter; (2) to CARRY
OUT HIS SENTENCE WITHOUT REDUCTION of the time that has elapsed between the date of the
parole and the subsequent arrest.
5. By PROBATION. See Probation Law page42
TITLE FIVE: CIVIL LIABILITY
Chapter One: Persons Civilly Liable for Felonies (Arts. 100-103)

ART. 100. CIVIL LIABILITY OF A PERSON GUILTY OF FELONY

• A CRIME HAS A DUAL CHARACTER:

1. As an offense against the state, because of the disturbance of the social order; and
2. As an offense against the private person injured by the crime, UNLESS it involves the crime
of treason, rebellion, espionage, contempt, and others wherein no civil liability arises on the part
of the offender, either because there are no damages to be compensated or there is no private
person injured by the crime.

EFFECT OF ACQUITTAL
Extinction of the penal action does NOT carry with it extinction of the civil; UNLESS the
extinction proceeds from a declaration in a final judgment that the fact from which the civil
liability might arise did not exist. (See Section 1, Rule 111 of the 2000 Rules on Criminal
Procedure. Civil liability arising from other sources of obligations is not impliedly instituted with
the criminal action).
• EFFECT OF DISMISSAL OF CASE
The dismissal of the information or the criminal action does NOT affect the right of the
offended party to institute or continue the civil action already instituted arising from the offense,
because such dismissal or extinction of the penal action does not carry with it the extinction of
the civil action.

• 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. (DE GUZMAN vs. PEOPLE OF THE PHILIPPINES, G.R. No.
154579. October 8, 2003)

In all these cases, civil liability from sources other than delict are not extinguished.
ART. 101. RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES
- Civil liability is still imposed in cases falling under exempting circumstances
EXCEPT:
1. No civil liability in paragraph 4 of Art. 12 which provides for injury caused by mere accident.
2. No civil liability in paragraph 7 of Art. 12 which provides for failure to perform an act required
by law when prevented by some lawful or insuperable cause.
- No civil liability is imposed in cases falling under justifying circumstances EXCEPT: under
paragraph 4, where a person does an act, causing damage to another, in order to avoid evil or
injury, the person benefited by the prevention of the evil or injury shall be civilly liable in
proportion to the benefit he received.
ART. 102. SUBSIDIARY LIABILITY OF INNKEEPERS, TAVERNKEEPERS, AND PROPRIETORS
OF ESTABLISHMENTS
• ELEMENTS UNDER PARAGRAPH 1
1. That the innkeeper, tavernkeeper or proprietor of establishment or his employee committed a
violation of municipal ordinance or some general or special police regulation.
2. That the crime is committed in such inn, tavern or establishment.
3. That the person criminally liable is insolvent.
Concurrence of all elements makes the innkeeper, tavernkeeper, or proprietor civilly liable for
the crime committed in his establishment.

• ELEMENTS UNDER PARAGRAPH 2

1. That the guests notified in advance the innkeeper or the person representing of the deposit of
their goods within the inn or house.
2. The guests followed the directions of the innkeeper or his representative with respect to the
care of and vigilance over such goods.
3. Such goods of the guests lodging therein were taken by robbery with force upon things or theft
committed within the inn or house.
ART. 103. SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS
• ELEMENTS
1. The employer, teacher, person, or corporation is engaged in any kind of industry.
2. Any of their servants, pupils, workmen, apprentices, or employees commits a felony while in
the discharge of his duties.
3. The said employee is insolvent and has not satisfied his civil liability.
Chapter Two: What Civil Liability Includes (Arts. 104-111)

ART. 104. WHAT IS INCLUDED IN CIVIL LIABILITY

 RESTITUTION – restitution of the thing itself must be made whenever possible even when
found in the possession of a third person except when acquired by such person in any
manner and under the requirements which, by law, bar an action for its recovery.
 REPARATION OF DAMAGES – reparation will be ordered by the court if restitution is not
possible. The court shall determine the amount of damage, taking into consideration the
price of the thing, whenever possible, and its special sentimental value.
 INDEMNIFICATION FOR DAMAGES – includes not only those caused the injured party, but
also, those suffered by his family or by a third person by reason of the crime.
END OF BOOK 1