BOOK ONE

CRIMINAL LAW
 CRIMINAL LAW, DEFINED
Criminal Law- that branch of public law
which defines crimes treats of their nature
and provides for their punishment.
 DISTINCTIONS
FELONY – OFFENSE – INFRACTIONS
punishable by punishable by – punishable by
the Revised special penal city or municipal
Penal Code laws ordinances
 CRIME, DEFINED
An act committed or omitted in violation of
a public law forbidding or commanding it.
 DELICT and QUASI DELICT
• Delict – a misdeamenor, an offense, or
simply CRIME.
• Quasi delict – the fault or negligence of a
person causing damge to another, and
there is no pre existing contractual relation
between the parties (Article 2176 Civil
Code). Also known as CULPA
AQUILIANA.
SOURCES OF CRIMINAL LAW
1. Act 3815 known as the Revised Penal Code
2. Special Penal Laws passed by Philippine
commission, Philippine Assembly, Philippine
Legislature, National Assembly, the
Congress of the Philippines and the
Batasang Pambansa.
3. Penal Presidential Decrees issued during
Martial Law.
 COMMON LAW CRIMES
• the body of principles, usages and rules of
actions which do not result from the
express act of the legislature. There is no
such crime in the Philippines.
• These are unwritten norms which the
society condemns even if there is no
written law declaring it to be illegal or
criminal.
 NULLUM CRIMEN NULLA
POENA SINE LEGE
There is no crime if there is no law
punishing it.
 CHARACTERISTICS OF CRIMINAL LAW

• General- criminal law is binding on all persons

who live or sojourn in the Philippines, regardless
of age, sex or nationality.
• Territorial- criminal laws are applicable only if
the crime is committed within Philippine territory.
• Prospective- criminal law cannot make an act
punishable in a manner in which it was not
punishable when committed. See Art 366. (The
law looks forward and not backwards)
 EXCEPTIONS TO THE GENERAL
CHARACTERISTICS
1. As provided by treaty stipulations- RP-US VFA
Agreements
2. As provided by laws of preferential applications- RA
75 grants protection to diplomatic representatives,
ambassador or other public ministers of foreign countries
including their domestic servants authorized and
received by the President.
3. Persons who are exempt because of certain
principles of international laws:
• Sovereigns and other heads of states
• Ambassadors, minister plenipotentiaries, minister
residents and charges d’ affaires.
 EXCEPTIONS TO THE TERRITORIAL
CHARACTERISTICS

1. When the offender shall commit an offense on a

Philippine ship or airship.
2. When the offender should forge or counterfeit any coin
or currency note of the Philippines or obligations and
securities issued by the Philippine government.
3. When the offender should be liable for the acts
connected with the introduction into the Philippines of the
obligations and securities mentioned in number two.
4. When the offender who is a public officer or employee
abroad shall commit an offense in the exercise of his
functions.
5. When the offender should commit an offense against
the national securities and the laws of nations.
 PHILIPPINE EMBASSIES
ABROAD
The Revised Penal Code of the Philippines
will apply if the crime was committed
within Philippine embassies abroad. This
is so because they are considered
extensions of Philippine territory.
 PROSPECTIVE
CHARACTERISTICS
• Also known as prospectivity
• Alsoknown as irretrospectivity.
• It means the law (as a general rule) does
not have retroactive effect.
 Favorabilia Sunt Amplianda
Adiosa Restrigenda

Penal laws favorable to the accused are

given retroactive effect
 EXCEPTION TO THE PROSPECTIVE CHARACTER:
When the new law is favorable to the accused.

EXCEPTION TO THE EXCEPTION

• When the offender is a habitual criminal.
• When the new law expressly provides it
has no application or retroactive effect to
pending actions/cases.
 PRO REO DOCTRINE
When there is doubt about the meaning or
application or interpretation of a penal law
and the doubt admits of two
interpretations, one which is lenient to the
offender and the other one is favorabe to
him, then the interpretation which is
favorable to the accused should be
applied.
 EFFECTS OF REPEAL OF A
PENAL LAW:

• If the new law is favorable to the accused in the

sense that the penalty becomes lighter, then the
new law shall be applied. Except when the
accused is a _______ ________.
• But if the new law imposes a heavier penalty,
the old law shall be applied, that is the law in
forced at the time of the commission of the
offense shall be applied.
 THEORIES IN CRIMINAL LAW

• Classical (Juristic) Theory- the basis of criminal liability

is human free will and the purpose of penalty is
retribution. Man is a moral creature with an absolute free
will to choose between good and evil. Here more stress
is placed upon the result of the crime than the criminal.
There is scant regard for the human element.
• Positivist (Realistic) Theory. Man is subdued
occasionally by a strange and morbid phenomenon
which constrain him to do wrong. Crime is a social and
natural phenomenon; it cannot be treated therefore by
the application of abstract principles of law or by the
imposition of punishment. The purpose of penalty is
reformation of accused. Offender is regarded as a sick
person who needs treatment.
 CLASSICAL THEORY
• The basis of criminal liability is human free
will and the purpose of penalty is
retribution.
• Man is a moral creature with an absolute
free will to choose between good and evil.
• Here more stress is placed upon the result
of the crime than the criminal.
• There is scant regard for the human
element
 POSITIVIST THEORY
• Man is subdued occasionally by a strange and
morbid phenomenon which constrain him to do
wrong.
• Crime is a social and natural phenomenon;
• Crime cannot be treated therefore by the
application of abstract principles of law or by the
imposition of punishment.
• The purpose of penalty is reformation of
accused.
• Offender is regarded as a sick person who
needs treatment.
 WARNING: DATE OF EFFECTIVITY IS
DIFFERENT FROM DATE OF APPROVAL

• Article 1. Time when Act takes effect-

JANUARY 1, 1932.
• Article 367. RPC approved on December
8, 1930.
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;
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.
 EXCEPTIONS TO THE TERRITORIAL
CHARACTERISTICS (1-5)

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;
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.
 Merchant Vessel

MERCHANT VESSEL = Jurisdiction(it depends

whether the country adopt English Rule or French
Rule
ENGLISH RULE – the host country has
jurisdiction over the crime committed
within the vessel, unless it merely affects
only the internal management of the vessel.

FRENCH RULE – the host country has no

jurisdiction over the crime committed
within the vessel, except when it affects
the peace and order of the country.
 FELONY
Art. 3. Definitions. — Acts and omissions
punishable by law are felonies (delitos).
Felonies are committed not only be means of
deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent and there is fault when the
wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
ELEMENTS OF FELONIES IN GENERAL:

• An act or omission
• Act or omission punishable by the RPC
• Act is performed or omission is incurred by
means of dolo or culpa.
• Act- is any bodily movement tending to
produce some effects in the external
world.
• Omission- inaction, the failure to perform
an act one is bound to do.
IMPRUDENCE VS. NEGLIGENCE

• Imprudence involves lack of skill.

Negligence involves lack of foresight
• Imprudence involves a deficiency of
action. Negligence indicates a deficiency
of perception.
• Failure to make precaution is imprudence.
Failure to use diligence is negligence.
 REQUISITES OF DOLO OR MALICE
(INTENTIONAL FELONIES)

• Freedom of action
• Intelligence
• Intent
 REQUISITES OF FAULT OR CULPA
(CULPABLE FELONIES)

• Freedom of action
• Intelligence
• Imprudent, negligent, or lack of foresight
or lack of skill
 MISTAKE OF FACT
Mistake of fact- is a misapprehension of
fact on the part of the person who caused
injury to another. He is not liable for
absence of criminal intent
 REQUISITES OF MISTAKE OF
FACT

• The act would have been lawful had the

facts been as the accused believed them
to be.
• The intention of the accused in performing
the act should be lawful.
• That the mistake must be without fault or
carelessness on the part of the accused
 IGNORANTIA LEGIS NON
EXCUSAT
• Ignorantia legis non excusat-

IGNORANCE OF THE LAW EXCUSES

NO ONE FROM COMPLIANCE THE
COMPLIANCE THEREWITH
 IGNORANTIA FACTI
EXCUSAT

• IGNORANCE OF FACTS EXCUSES

• Ignorantia Facti Excusat is a Latin legal maxim
that means ignorance of a fact is an excuse. Any
act done under a mistaken impression of a
material fact is excused (us.legal.com)
Actus non facit reum nisi mens
sit rea

The act itself does not make a man

guilty unless his intention was so.
Actus me invito factus nonest
meus actus

An act done by me against my

will is not my act.
 CRIMES MALA IN SE vs. CRIMES
MALA PROHIBITA
CRIMES MALA IN SE CRIMES MALA
PROHIBITA

1. Those which are so 1. These are violations

serious in effects to the of mere rules of
so society so as to call convenience designed
for their unanimous to secure a more orderly
condemnation. affairs of the society.
 CRIMES MALA IN SE CRIMES MALA
PROHIBITA

2. Wrongful in nature. 2. Made wrongful only

Since the beginning of by statute.
time
 CRIMES MALA IN SE CRIMES MALA
PROHIBITA

3. Generally punished 3. Punished by special

by Revised Penal Code. penal laws.

4. Intent is necessary 4. Intent may not be

necessary.
 MOTIVE and INTENT
Motive- the moving power which impels
one to action for a definite result.
Intent is the purpose to use a particular
means to effect such result.

NOTE”: Motive is not an element of a crime and need not

be proved. Intent is an element of a crime and must be
proved.
CRIMINAL LIABILITY, DEFINED

Criminal liability does not only mean the

obligation to serve the personal or
imprisonment penalties but it also includes
the liability to pay the fines or pecuniary
penalties.
 CRIMINAL LIABILITY
Art. 4. Criminal liability. — Criminal liability shall
be incurred:
1. By any person committing a felony (delito)
although the wrongful act done be different from
that which he intended.
2. By any person performing an act which would
be an offense against persons or property, were
it not for the inherent impossibility of its
accomplishment or an account of the
employment of inadequate or ineffectual means.
Article 4 (1) may refer to either:

• Error in personae- mistake in

identity of victim.
• Aberratio Ictus- mistake in blow.
• Praeter Intentionem- result done is
greater than that originally intended.
 Rationale of Par. 1

El que es causa de la causa es causa del

mal causado.

Meaning: He who is the cause of the cause

is the cause of the evil caused.
 REQUISITES OF ART. 4 (1)

• An intentional Felony has been committed.

• The wrong done to the victim be the direct,
natural and logical consequence of the
felony committed by the offender.
• The felony done must be the proximate
cause of the resulting injury.
PROXIMATE CAUSE, DEFINED

Proximate cause- is that cause which in

the ordinary and continuous sequence,
unbroken by any efficient intervening
cause produces the injury.
 EFFICIENT INTERVENING
CAUSE

Efficient intervening cause- are those

that break the relation of cause and effect.
 The felony committed is not the
proximate cause of the resulting injury
when:

1. There is an active force that intervened

between the felony committed and the
resulting injury;
2. The resulting injury is due to the
intentional act of the accused.
IMPOSSIBLE CRIME, DEFINED
IMPOSSIBLE CRIMES- those crimes which
would have been committed against person or
property were it not for the inherent impossibility
of its accomplishment or on account of the
employment of inadequate or ineffectual means.
The purpose of the law in punishing impossible
crime is to suppress criminal propensities or
tendencies. The penalty for impossible crime is
arresto mayor or fine of P200-500 (Article 59).
 REQUISITES OF IMPOSSIBLE CRIMES

1. The act performed would have been an

offense against persons or property.
2. The act was done with evil intent
3. Its accomplishment is inherently
impossible because it the means either
inadequate or ineffectual
4. The act does not constitute another
violation of the RPC.
Art. 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the
law, and in cases of excessive penalties
1. Whenever a court has knowledge of any act which it may
deem proper to repress and which is not punishable by
law, it shall render the proper decision, and shall report
to the Chief Executive, through the Department of
Justice, the reasons which induce the court to believe
that said act should be made the subject of legislation.
2. In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without
suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result
in the imposition of a clearly excessive penalty, taking
into consideration the degree of malice and the injury
caused by the offense
Outline of Paragraph 1:
– there is an act;
– the act is reprehensible;
– but the act is not punishable by the law;
– the court shall render the proper decisison;
– the court shall report to the Chief Executive
through the DOJ
– the report shall contain the reason why the said
act should be more or less prohibited and
penalized.
 Outline of Paragraph 2:
• there is an act;
• this time the act is punishable by the law;
• but the penalty for the act is clearly
excessive;
• the law has not yet been declared
unconstitutional;
• the court shall render the proper decision;
• it shall report to the Chief Executive through
the DOJ
 3 STAGES OF EXECUTION OF
FELONIES
Art. 6. Consummated, frustrated, and attempted felonies. —
Consummated felonies as well as those which are frustrated and
attempted, are punishable.

A felony is CONSUMATED when all the elements necessary for its

execution and accomplishment are present; and it is FRUSTRATED
when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do
not produce it by reason of causes independent of the will of the
perpetrator.
There is an ATTEMPT (ED) when the offender commences the
commission of a felony directly or over acts, and does not perform
all the acts of execution which should produce the felony by reason
of some cause or accident other than this own spontaneous
desistance.
 DEVELOPMENT OF A CRIME

1. Internal acts- these are the mere ideas in the

mind of a person/not punishable.
2. External acts- are divided to:

• Preparatory act- ordinarily not punishable

• Acts of execution- they are the stages. Already
punishable. The acts of execution are:
1. ATTEMPTED
2. FRUSTRATED
3. CONSUMMATED
 ATTEMPTED FELONY REQUISITES

1. Offender commences the commission of a

felony directly by overt acts
2. He does not perform all the acts of execution
3. He is not stopped by his own spontaneous
desistance
4. The non performance of the all acts of execution
was due to cause or accident other than his own
spontaneous desistance.
Q: When is a felony commenced by overt
acts?

A:
1. there must be external act;
2. the external act must have direct
connection with the crime intended to be
committed.
 OVERT ACT, DEFINED
It is some physical activity or deed more
than a mere planning or preparation,
which if carried out to its complete
termination following its natural course.
Without being frustrated by external
obstacles nor by the voluntary desistance
of the perpetrator, will logically and
naturally ripen in a concrete offense.
 INDETERMINATE OFFENSE,
DEFINED

INDETERMINATE OFFENSE- It is one

where the purpose of the offender in
performing an act is not certain. The
accused may be convicted for a felony
defined by the acts performed by him up to
the time of desistance.
SPONTENEOUS DESISTANCE
DEFINED.

This is the voluntary stoppage of the crime

made by the would be criminal himself
before he could inflict any damage to the
would be victim.
Rational for spontaneous desistance: A
sort of reward to those who heed the call
of conscience and return to the path of
righteousness.

(But the desistance should be made before all the acts

of execution are performed.)
 FRUSTRATED FELONY
REQUISITES

1. Offender performs all the acts of

execution
2. Felony is not produced
3. By reason of cause independent of the
will of the perpetrator
( FOR HOMICIDE or PHYSICAL INJURY)
THE MORTAL WOUND OR LIFE THREATENING
INJURY DOCTRINE:
If the mortal wound or life threatening injury
had been inflicted, the offense is FRUSTRATED,
else it is ATTEMPTED
CONSUMMATED FELONY.
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present.
Q: How to determine whether a crime is
attempted, frustrated or consummated?
A: See the following:
• the elements present
• the nature of the offense
• the manner of the commission of the crime.
FORMAL CRIMES vs. MATERIAL
CRIMES
• Formal crimes- are crimes consummated
in one instant. There is only one stage and
that is consummated stage.
• Material crimes have three stages of
execution, attempted, frustrated and
consummated.

.
 APPLICATIONS
• A put poison in B’s food. B threw away his food. A is liable - attempted
murder.
• A aimed his gun at B. C held A’s hand and prevented him from shooting B -
attempted murder.
• A inflicted a mortal wound on B. B managed to survive - frustrated murder.
• A intended to kill B by shooting him. A missed - attempted murder.
• A doused B’s house with kerosene. But before he could light the match, he
was caught - attempted arson.
• A cause a blaze, but did not burn the house of B - frustrated arson.
• B’s house was set on fire by A - (consummated) arson.
• A tried to rape B. B managed to escape. There was no penetration -
attempted rape.

Excerps from: Rene Callanta, Codal and Notes in Criminal Law, Internet,
page 22, citing Reyes, Gregorio, pallattao, Sandoval and Ortega.
Art. 7. When light felonies are
punishable. — Light felonies are
punishable only when they have been
consummated, with the exception of those
committed against person or property.
LIGHT FELONIES, DEFINED

Light felonies are those infractions of law

for the commission of which a penalty of
arrest menor or a fine not exceeding 200
(now 40,000) pesos or both; is provided.
Art. 8. Conspiracy and proposal to commit
felony. — Conspiracy and proposal to commit
felony are punishable only in the cases in which
the law specially provides a penalty therefor.
A conspiracy exists when two or more persons
come to an agreement concerning the
commission of a felony and decide to commit it.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
 GENERAL RULE
• Mere conspiracy to commit a crime is not
punishable.
• Reason: Conspiracy and Proposal to
Commit a Felony are punishable only in
the cases in which the law specifically
provides a penalty therefore.
 Cases where mere conspiracy is already
punishable:

1. Conspiracy to commit treason (Art.115);

2. Conspiracy to commit rebellion or insurrection
(Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce
(Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1613.
 Cases where mere proposal is
already punishable

1. Proposal to commit treason (Art. 115);

2. Proposal to commit rebellion or
insurrection (Art. 136)
3. Proposal to commit coup d’ etat
 RULE IN CONSPIRACY

WHEN THERE IS CONSPIRACY

BETWEEN OR AMONG THOSE WHO
COMMITTED THE CRIME THE ACT OF
ONE IS THE ACT OF ALL.
 CLASSIFICATION OF FELONY
ACCORDING TO GRAVITY
Art. 9. Grave felonies, less grave felonies and light
felonies. — Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with Art.
25 of this Code.
Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional,
in accordance with the above-mentioned Art..
Light felonies are those infractions of law for the
commission of which a penalty of arresto menor or a fine
not exceeding Forty thousand pesos (40,000) or both; is
provided.
 PRINCIPAL PENALTIES
1. Capital Punishment:
• Death
2. Afflictive Penalties
• Reclusion perpetua- 20 yrs.+1 day to 40 yrs.
• Reclusion temporal- 12 yrs.+1 day-20 yrs
• Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs.
• Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs.
• Prision Mayor-6 yrs. + 1 day to 12 years
3. Correctional penalties
• Prision correctional- 6 mos.+ 1 day to 6 yrs.
• Arresto mayor-1 month + 1 day to 6 mos.
• Suspension- 6 mos+1 day to 6 yrs.
• Destierro- 6 mos. +1 day to 6 years
4. Light penalties
• Arresto menor- 1 day to 30 days
• Public censure
 ACCESORY PENALTIES
• Perpetual or temporary absolute disqualification
• Perpetual or temporary special disqualification
• Suspension from public office, the right to vote
and be voted for
• Civil Interdiction
• Indemnification
• Forfeiture or confiscation of instrument sand
proceeds of the offense
• Payment of cost
 DIVISIBLE and INDIVISIBLE
PENALTIES

1.Divisible penalties – those that have fixed

duration and divisible into three periods,
minimum, medium and maximum periods.
2.Indivisible penalties – Those that have no
fixed duration, and have no minimum,
medium and maximum periods.
PERPETUAL ABSOLUTE DISQUALIFICATION DISTINGUISH FROM
TEMPORARY ABSOLUTE DISQUALIFICATION

PERPETUAL ABSOLUTE DISQUALIFICATION

– effective during the lifetime of the convict and
even after service of sentence. It stays with him
forever.

TEMPORARY ABSOLUTE DISQUALIFICATION

– lasts only during the term of the sentence. Its
gone after the service of sentence.
 FIVE CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY

1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
 IMPUTABILITY and
RESPONSIBILITY
• Imputability- the quality by which a
criminal act maybe pinpointed to another as
its doer or author.
• Responsibility- is the obligation of an
offender in suffering the consequences of a
crime.
• Guilt – is an element of responsibility, for a
man cannot be made to answer for the
consequences of a crime unless he is
guilty.
JUSTIFYING CIRCUMSTANCES,
DEFINED
Those where the act of a person is said to
be in accordance with the law, so that he
in the eyes of the law is considered not to
have violated the law and is therefore free
from criminal and civil liabilities.
 QUICK ENUMERATION OF
JUSTIFYING CIRCUMSTANCES
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.
1. Anyone who acts in defense of SELF DEFENSE
his person or rights, provided that
the following circumstances
concur:
First. Unlawful aggression.
Second. Reasonable necessity of
the means employed to prevent or
repel it.
Third. Lack of sufficient
provocation on the part of the
person defending himself.
 THREE REQUISITES OF SELF
DEFENSE

1. Unlawful aggression.
2. Reasonable necessity of the means
employed to prevent or repel it.
3. Lack of sufficient provocation on the part
of the person defending himself.
2. Any one who acts in defense of DEFENSE OF RELATIVES
the person or rights of his spouse,
ascendants, descendants, or
legitimate, natural or adopted
brothers or sisters, or his relatives
by affinity in the same degrees
and those consanguinity within the
fourth civil degree, provided that
the first and second requisites
prescribed in the next preceding
circumstance are present, and the
further requisite, in case the
revocation was given by the
person attacked, that the one
making defense had no part
therein.
 REQUISITES OF DEFENSE OF
RELATIVES
1. Unlawful aggression.
2. Reasonable necessity of the means
employed to prevent or repel it.
3. In case the Provocation was given by the
person attacked, that the one making
defense had no part therein.
Anyone who acts in defense DEFENSE OF
of the person or rights of a STRANGERS
stranger, provided that the
first and second requisites
mentioned in the first
circumstance of this article
are present and that the
person defending be not
induced by revenge,
resentment, or other evil
motive.
 REQUISITES OF DEFENSE OF
STRANGERS
1. Unlawful aggression.
2. Reasonable necessity of the means
employed to prevent or repel it.
3. The person defending be not induced by
revenge, resentment, or other evil motive.
Any person who, in order to avoid AVOIDANCE OF
an evil or injury, does an act which
causes damage to another, GREATER EVIL/STATE OF
provided that the following NECESSITY
requisites are present:

First: That the evil sought to be

avoided actually exists;
Second: That the injury feared be
greater than that done to avoid it;
Third: That there be no other
practical and less harmful means
of preventing it.
REQUISITES OF AVOIDANCE OF
GREATER EVIL

1. That the evil sought to be avoided actually

exists;
2. That the injury feared be greater than that
done to avoid it;
3. That there be no other practical and less
harmful means of preventing it.
Any person who acts in FULFILLMENT OF DUTY
the fulfillment of a duty
or in the lawful exercise
of a right or office.
REQUISITES OF FULFILMENT OF
DUTY
1. The accused acted in the performance of
duty or in the lawful exercise of a right or
office.
2. The injury caused is the consequence of
the due performance] of duty or the lawful
exercise of such right or office.
Any person who acts in OBEDIENCE TO AN
obedience to an order ORDER OF A SUPERIOR
issued by a superior for
some lawful purpose.
REQUISITES OF OBEDIENCE TO
AN ORDER OF SUPERIOR

1.A lawful order has been issued by a

superior;
2.That such order must be for some lawful
purpose
3. The means used by the accused
subordinate to carry out said order is
lawful
 UNLAWFUL AGGRESSION,
DEFINED

Unlawful aggression is assault or at least

threatened assault of an immediate and
imminent kind.
• When the aggressor flees, there is no more unlawful
aggression; also when the aggressor manifested his
honest desire to stop the fight.
• When the aggressor has been disarmed, there could be
no more unlawful aggression
• There is no unlawful aggression when there is an
agreement to a fight.
• Rights involved in self defense includes defense of honor
and property.
• The belief of the accused is considered in determining
the existence of unlawful aggression.
• But a mere threatening attitude is not unlawful
aggression.
 TEST OF REASONABLENESS IN
DETERMINING WHETHER THERE IS
SELF DEFENSE

1. Nature of the weapon used by the

aggressor
2. Quality of his weapon
3. The physical conditions of both parties
4. Place of the aggression and others .
 DOCTRINE OF RATIONAL
EQUIVALENCE
Reasonable necessity of the means employed
does not imply material commensurability
between the means of attack and defense. What
the law requires is a rational equivalence, in
the consideration of which will enter as principal
factors the emergency, the imminent danger to
which the person attacked is exposed, and the
instinct more than reason, that moves or impels
the defense
 PROVOCATION, DEFINED

Provocation- any unjust or improper

conduct on the part of the offended party
capable of inciting or irritating any one.
 THINGS TO REMEMBER IN
PROVOCATION

1. There must be no provocation made by

the one claiming self defense;
2. Even if provocation was given, it must be
sufficient provocation;
3. Even if the provocation was sufficient, but
it was not given by the person claiming
self-defense then there is self defense.
 DEFENSE OF RELATIVES
REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means
employed to prevent or repel it
3. In case the provocation was given by the
person attacked, the one making the
defense had no part therein.
 RELATIVES BY AFFINITY vs.
RELATIVES BY CONSANGUINITY
• Relatives by affinity are those created by
marriage such as parents in law, sons and
daughters in law
• Relatives by consanguinity are relatives by
nature or by blood relations. Siblings are
within the 2nd civil degree, whereas uncle
and niece or aunt and nephew are within
the 3rd civil degree, first cousins are within
the 4th civil degree
TABLE OF RELATIVES BY CONSANGUINITY THAT
MAY BE DEFENDED

RELATION BROTHER AUNCLE, 1ST

SHIP AND AUNT, COUSIN
SISTER NIECE
AND
NEPHEW
DEGREE 2ND 3RD 4TH
 DISTINGUISH BETWEEN SELF DEFENSE,
DEFENSE OF RELATIVES AND DEFENSE OF
STRANGERS
SELF DEFENSE DEFENSE OF DEFENSE OF
RELATIVES STRANGERS

1. Unlawful aggression 1. Unlawful aggression 1. Unlawful aggression

2. Reasonable necessity 2. Reasonable necessity 2. Reasonable necessity

of the means employed of the means employed of the means employed
to prevent or repel it to prevent or repel it to prevent or repel it

3. Lack of sufficient 3. In case the 3. The one defending is

provocation on the part provocation was given by not induced by hatred
of the person defending the person attacked the revenge or other evil
himself one making defense had
motive.
no part therein
BOARD: Which among the following is a common
requisite of self defense, defense of relatives,
and defense of strangers?

a. Unlawful aggression
b. Reasonable necessity of the means employed
to prevent or repel it
c. Lack of sufficient provocation on part of
defender
d. Both a and b
 DOCTRINE OF SELF HELP
DOCTRINE OF SELF HELP- states that
the owner or the lawful possessor of a
thing has the right to exclude any person
from the enjoyment and disposal thereof.
Thus he may use such force as may be
reasonably necessary to repel or prevent
an actual or threatened unlawful physical
invasion or usurpation of his property. (Art.
429 Civil Code)
SUMMARY OF LIABILITY
JUSTIFYING CRIMINAL CIVIL LIABILITY
CIRCUMSTANCE LIABILITY
1. SELF DEFENSE NONE NONE

2. DEFENSE OF NONE NONE

RELATIVE

3. DEFENSE OF NONE NONE

STRANGERS
4. AVOIDANCE OF NONE THERE IS CIVL
GREATER EVIL LIABILITY
5. FULFILMENT OF NONE NONE
DUTY
6. OBEDIENCE TO NONE NONE
ORDER OF
SUPERIOR
 BATTERED WOMAN SYNDROME

Battered Wife- a woman who is repeatedly

subjected to any forceful physical or
psychological behavior by a man in order
to do something he wants her to do
without concern for her rights. It includes
wives or woman in any form of intimate
relationship with a man. The couple must
go through the battering cycle at least
twice (RA 9262).
BOARD: What are the cycles of violence in BWS?

ANSWER:
a. Tension Building Stage- where minor battering
occurs
b. Acute Battering Incident- characterized by
brutality, destructiveness and death.
c. Tranquil or loving phase- The batterer shows
loving caring nurture to the victim.
d. All of the above
EXEMPTING CIRCUMSTANCES

Exempting Circumstances- are those

grounds for exemption from punishment
because there is wanting/missing in the
agent of the crime any of the conditions
which make the act voluntary or negligent.
 QUICK ENUMERATION OF
EXEMPTING CIRCUMSTANCES
1. Imbecility; Insanity (unless the latter acted
during a lucid interval)
2. A person under 9
3. A person over 9 and under 15 unless he has
acted with discernment.
4. Accident
5. . Irresistible force
6. Uncontrollable fear
7. Lawful or insuperable cause.
1. An imbecile or an insane IMBECILITY OR
person, unless the latter has
acted during a lucid interval. INSANITY
When the imbecile or an
insane person has committed an
act which the law defines as a
felony (delito), the court shall
order his confinement in one of
the hospitals or asylums
established for persons thus
afflicted, which he shall not be
permitted to leave without first
obtaining the permission of the
same court.
2. A person under nine MINORITY
years of age. (Repealed
by RA 9344) now under
15 years of age
3. A person over nine MINORITY
years of age and under
fifteen, unless he has
acted with discernment,
in which case, such
minor shall be
proceeded against in
accordance with the
provisions of Art. 80 of
this Code. (Repealed by
RA 9344) now over 15
but under 18 years of
4. Any person who, ACCIDENT
while performing a lawful
act with due care,
causes an injury by
mere accident without
fault or intention of
causing it.
5. Any person who act IRRESISTIBLE FORCE
under the compulsion of
irresistible force.
6. Any person who acts UNCONTROLABLE
under the impulse of an FEAR
uncontrollable fear of an
equal or greater injury
7. Any person who fails LAWFUL OR
to perform an act INSUPERABLE CAUSE
required by law, when
prevented by some
lawful insuperable
cause.
 IMBECILE, DEFINED
A person advanced in age but has a
mental capacity equivalent to that of a
child between 2 to 7 years old, which
makes him exempted from criminal liability
 INSANITY, DEFINED
One which exists when there is a complete
deprivation of intelligence in committing
the criminal act, that is the accused is
deprived of reason and acts without the
least discernment.
BOARD: Who has the burden to prove
insanity?

a. Defense/Accused
b. Complainant
c. Prosecution
d. DOJ
 REASON
The accused is presumed to be sane
TERMS COVERED BY INSANITY
DEFENSE
1. Dementia Preacox – Schizophrenia – the
patient suffrers from delusion that he is
sexually abused, or that his property is
taken.
2. Epilepsy- disease characterized by
convulsions
3. Malignant malaria
IRRESISTIBLE IMPULSE TEST
Irresistible impulse is a defense by 
excuse, in this case some sort of insanity,
in which the defendant argues that they
should not be held criminally liable for
their actions that broke the law, because
they could not control those actions
(Wikipedia).
 TEST OF COGNITION
• If the accused committed the crime with
complete deprivation of intelligence then
he is exempted
 TEST OF VOLITION
• If the accused committed a crime in total
deprivation of freedom of will he is also
exmpted.
INSANITY AT THE TIME OF THE COMMISSION OF THE
CRIME vs. INSANITY AT THE TIME OF TRIAL

• Insanity at time of commission of crime =

exempted.
• Sane at time of crime but became insane
at time of trial = liable still but trial wil be
suspended.
Q: Who are civilly liable for acts committed by insane and
imbecile?
A: The civil liability for acts committed by an imbecile or
insane person, and by a person under nine years of age,
or by one over nine but under fifteen years of age, who
has acted without discernment, shall devolve upon those
having such person under their legal authority or control,
unless it appears that there was no fault or negligence on
their part.
Should there be no person having such insane, imbecile
or minor under his authority, legal guardianship or control,
or if such person be insolvent, said insane, imbecile, or
minor shall respond with their own property, excepting
property exempt from execution, in accordance with the
civil law.
 DISCERNMENT, DEFINED
Discernment- the mental capacity of a
minor to distinguish between right from
wrong and to fully appreciate the
consequences of his felonious acts. It may
be shown by:
– manner of committing the crime;
– conduct of the offender.
 PERIODS OF HUMAN LIVES
AGE OF AGE OF AGE OF AGE OF
ABSOLUTE ABSOLUTE MITIGATED CONDITIONAL
CRIMINAL CRIMINAL CRIMINAL CRIMINAL
IRRESPONSIS RESPONSIBILIT RESPONSIBILI RESPONSIBILI
BILITY Y TY TY

Below 15 18 years old •Over 70 15 years old

years old and and above or years old and 1 day to
exactly 15 18 years old •15 years old 17 years old.
years old to 70 years and 1 day to
old 17 years old
who acted
with
discernment
 REPUBLIC ACT 9344- AN ACT ESTABLISHING A
COMPREHENSIVE JUVENILE JUSTICE AND WELFARE
SYSTEM (Juvenile Justice and Welfare Act of 2006)

• Child in Conflict with the Law- a child who is

accused or adjudged of having committed an
offense.
• Initial contact with the child- refers to the
apprehension of a child in conflict with the law by
officers or private citizens.
• Status Offense- offenses which discriminate
only against a child while an adult does not suffer
any penalty for committing similar acts. Examples
are: curfew violations, truancy, parental
disobedience.
 REPUBLIC ACT 9344- AN ACT ESTABLISHING A
COMPREHENSIVE JUVENILE JUSTICE AND WELFARE
SYSTEM (Juvenile Justice and Welfare Act of 2006)
• Section 6 RA 9344 says: A child 15 years of age or
under at the time of the commission
• of the offense shall be exempt from criminal liability.
• A child above 15 years but below 18 shall likewise be
exempt from criminal liability and be subjected to
intervention program unless he has acted with
discernment.
• Section 58 of the same law says: Persons below 18
years of age shall be exempt from prosecution for the
crime of vagrancy and prostitution, of mendicancy under
PD 1563 and sniffing of rugby under PD 1619.
 ACCIDENT REQUISITES

1. A person performs a lawful act;

2. With due care;
3. He causes an injury to another;
4. Without fault or intention of causing it.
 IRRESISTIBLE FORCE

Irresistible force- a force which produces

such an effect upon an individual that, in
spite of all resistance, it reduces him to a
mere instrument and as such incapable of
committing a crime (as a result he is
exempted from criminal liability).
 Requisites of Irresistible Force
1. Compulsion is by means of physical
force
2. Physical force is irresistible
3. Physical force must come from a third
person
 REQUISITES OF
UNCONTROLLABLE FEAR
1. The threat which causes the fear is of an
evil greater or at least equal to that which
he is required to commit;
2. The threat promises an evil of such
gravity and imminence that an ordinary
man would have succumbed to it.
 UNCONTROLLABLE FEAR

The exempting circumstance of

uncontrollable fear presupposes that the
accused is compelled by means of threat
or intimidation by a third person to commit
a crime (as a result he is exempted from
criminal liability).
 LAWFUL OR INSUPERABLE
CAUSE

This refers to some motive which has

lawfully, morally, or physically prevented
one to do what the law commands (as a
result he is exempted from criminal liability).
 ABSOLUTORY CAUSES,
DEFINED

Those where the act of a person is

technically a crime, but because of public
policy, there is no penalty imposed.
 ENUMERATION OF ABSOLUTORY
CAUSES UNDER THE RPC

1. Art 247. Death or physical injuries under exceptional

circumstances
2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. Instigation – one which takes place when a peace
officer induces a person to commit a crime. Without the
inducement, the crime would not be committed. It
exempts one from criminal liability.
 ENTRAPMENT vs. INSTIGATION
ENTRAPMENT
1. Ways and means are resorted to for the
purpose of trapping and capturing the
lawbreaker in the execution of his plans
2. The intent to violate the law originated
from the accused himself.
3. Not an absolutory cause hence does not
exempt from criminal liability
INSTIGATION
Here, the police practically induces the
accused into the commission of the offense
and he himself becomes a co principal in
the crime.
2. The intent to violate the law did not
originate from the accused as he was
induced only by the police to perform a
criminal act.
An absolutory cause that exempts one from
criminal liability
MITIGATING CIRCUMSTANCES

Mitigating circumstances-those which if

present in the commission of a crime, do
not entirely free the actor from criminal
liability but reduces only the penalty.
 ENUMERATE THE MITIGATING
CIRCUMSTANCES
1. Incomplete justifying or exempting circumstance
2. Under 18
3. No intention to commit so grave a wrong (praeter
intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.
1. Those mentioned in Incomplete Justifying or
the preceding chapter, incomplete exempting
when all the requisites circumsatnces.
necessary to justify or to
exempt from criminal
liability in the respective
cases are not attendant.
2. That the offender is Minority (under 18 years
under eighteen year of old)
age or over seventy
years. In the case of the
minor, he shall be
proceeded against in
accordance with the
provisions of Art. 80.
(Correlate with RA 9344)
3. That the offender had PRAETER
no intention to commit INTENTIONEM
so grave a wrong as that
committed.
4. That sufficient SUFFICIENT
provocation or threat on PROVOCATION OR
the part of the offended THREAT
party immediately
preceded the act.
5. That the act was VINDICATION OF
committed in the GRAVE OFFENSE
immediate vindication of
a grave offense to the
one committing the
felony (delito), his
spouse, ascendants, or
relatives by affinity
within the same
degrees.
6. That of having acted PASSION OR
upon an impulse so OBFUSCATION
powerful as naturally to
have produced passion
or obfuscation.
7. That the offender had VOLUNTARY
voluntarily surrendered SURRENDER OR
himself to a person in VOLUNTARY
authority or his agents, CONFESSION OF
or that he had voluntarily GUILT
confessed his guilt
before the court prior to
the presentation of the
evidence for the
prosecution;
8. That the offender is PHYSICAL HANDICAP
deaf and dumb, blind or OR DEFECTS
otherwise suffering
some physical defect
which thus restricts his
means of action,
defense, or
communications with his
fellow beings.
9. Such illness of the ILLNESS THAT
offender as would DIMINISHED WILL
diminish the exercise of POWER
the will-power of the
offender without
however depriving him
of the consciousness of
his acts.
10. And, finally, any ANALOGOUS
other circumstances of a CIRCUMSTANCES
similar nature and
analogous to those
above mentioned.
PROVOCATION vs. VINDICATION
PROVOCATION
1. Provocation is made only to the person
committing the. In provocation, the
provocation or threat must immediately
preceded the act
2. In provocation the provocation need not
be grave
3. In provocation, the provocation or threat
must immediately preceded the act
VINDICATION
In vindication, the grave offense may be
committed against the spouse, the
ascendants, descendants, brothers or
sisters or relatives by affinity within the
same degree of the offender.
2. In vindication, the offended party must
have done a grave offense to the offender
or his relatives
3. In vindication, the vindication of the
grave offense may be proximate, which
admits of interval of time between the
commission of the grave offense and the
commission of the crime by the accused
 PASSION OR OBFUSCATION
REQUISITES
1. There is an act unlawful and sufficient to
produce passion or obfuscation;
2. The act which produced such emotion
must not be far removed from the
commission of the crime, during which the
accused might recover his normal
equanimity
 VOLUNTARY SURRENDER

• Voluntary surrender must be made to a person

in authority or his agents
• A surrender is voluntary when it is spontaneous
in such a manner that it shows the interest of the
accused to surrender voluntarily to the
authorities either because he acknowledges his
guilt or wishes to save the authorities the
expenses incurred in his search.
 VOLUNTARY CONFESSION OF
GUILT/PLEA OF GUILTY REQUISITES

1. It must be made in open court

2. It must be made prior to the presentation
of evidence of the prosecution
 AGGRAVATING
CIRCUMSTANCES

Aggravating Circumstances- are those

which if attendant in the commission of the
offense, would serve to increase the
penalty.
 THE 21 AGGRAVATING
CIRCUMSATNCES
1. Advantage of public position
2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of
religious worship
6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premiditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16 Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty
1. That advantage be Taking advantage of
taken by the offender of public position
his public position
2. That the crime be Contempt of authorities
committed in contempt
or with insult to the
public authorities.
3. That the act be Disregard of rank, age,
committed with insult or sex and dwelling of
in disregard of the victim
respect due the
offended party on
account of his rank, age,
or sex, or that is be
committed in the
dwelling of the offended
party, if the latter has not
given provocation.
4. That the act be Abuse of confidence or
committed with abuse of obvious ungratefulness
confidence or obvious
ungratefulness.
5. That the crime be Palace of President,
committed in the palace public places or those
of the Chief Executive or dedicated to worship
in his presence, or
where public authorities
are engaged in the
discharge of their duties,
or in a place dedicated
to religious worship.
6. That the crime be Night time, uninhabited
committed in the night place and band
time, or in an
uninhabited place, or by
a band, whenever such
circumstances may
facilitate the commission
of the offense.
7. That the crime be Taking advantage of
committed on the calamity, disaster.
occasion of a
conflagration, shipwreck,
earthquake, epidemic or
other calamity or
misfortune.
8. That the crime be Aid of armed men
committed with the aid
of armed men or
persons who insure or
afford impunity.
9. That the accused is a Recidivism
recidivist.
10. That the offender Reiteracion or habituality
has been previously
punished by 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.
11. That the crime be Price, reward, promise
committed in
consideration of a price,
reward, or promise.
12. That the crime be Fire, poison, and other
committed by means of great wastes and ruins.
inundation, fire, poison,
explosion, stranding of a
vessel or international
damage thereto,
derailment of a
locomotive, or by the
use of any other artifice
involving great waste
and ruin.
13. That the act be Evident premeditation
committed with evidence
premeditation.
14. That the craft, fraud Craft, fraud, disguise
or disguise be
employed.
15. That advantage be Advantage of superior
taken of superior strength, weakening of
strength, or means be defense.
employed to weaken the
defense.
16. That the act be Treachery or alevosia
committed with
treachery (alevosia).
17. That means be Ignominy
employed or
circumstances brought
about which add
ignominy to the natural
effects of the act.
18. That the crime be Unlawful entry
committed after an
unlawful entry.
19. That as a means to Broken wall, roof, floor,
the commission of the or window.
crime a wall, roof, floor,
door, or window be
broken
That the crime be Help of person under
committed with the aid age, motor vehicle
of persons under fifteen
years of age or by
means of motor
vehicles, motorized
watercraft, airships, or
other similar means.
. That the wrong done in Cruelty
the commission of the
crime be deliberately
augmented by causing
other wrong not
necessary for its
commissions
 NIGHTTIME, DEFINED
NIGHTIME- that period of darkness
beginning at end of dusk and ending at
dawn..
 UNINHABITED PLACE
UNINHABITED PLACE- one where there
are no houses or where the houses are
scattered at a great distance from each
other
 BAND, DEFINED
BAND- whenever more than three armed
malefactors shall have acted together in
the commission of an offense, it shall be
deemed to have been committed by a
band.
Q: When is nightime, uninhabited place and
band aggravating?
A: 1. When the offender took advantage
thereof for the purpose of impunity
2. When specially sought for by the
offender to insure the commission of the
crime
3. When it facilitated the commission of
the crime.
 AID OF PERSONS WH INSURE
OR AFFORD IMPUNITY

Q: Robber X and Robber Y robbed a certain

village upon the assurance of the
baranggay tanod that they would not patrol
the village on that night. What aggravating
circumsatnce is present?
A: Aid of persons who insure impunity
 RECIDIVIST, DEFINED
RECIDIVIST- one who at the time of his
trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced in the same title
of the Revised Penal Code.
 WHAT IS REITERACION OR
HABITUALITY?
He is an offender who HAS BEEEN
PREVIOUSLY PUNISHED FOR:

1. An offense to which the law attaches

an equal or greater penalty or
2. For two or more crimes to which it
attaches a lighter penalty
 4 REPETITIOUS OFFENDERS
RECIDIVIST REITERACION HABITUAL QUASI
OR DELINQUENT RECIDIVIST/M
HABITUALITY ULTI
RECIDIVIST

one who at the time He is an offender who Within ten yeARS A PERSON
of his trial for one HAS BEEEN
PREVIOUSLY
THE ACUSED IS AFTER HAVING
crime, shall have CONVICTED OF BEEN
PUNISHED FOR:
been previously
ROBO, HURTO, CONVICTED
convicted by final
judgment of another An offense to which the ESTAFA, SHALL COMMIT
law attaches an equal FALSIFICATION, ANOTHER
crime embraced in or greater penalty or
the same title of the PHYSICAL FELONY WHILE
For two or more crimes
Revised Penal to which it attaches a INJURY FOR SERVING HIS
Code. lighter penalty THE THIRD
SENTENCE
TIME.
EVIDENT PREMEDITATION
EVIDENT PREMEDITATION- it involves a
determination to commit the crime prior to
the moment of its execution and also to
carry out the criminal intent which must be
the result of deliberate, calculated and
reflective thoughts through a period of time
sufficient to dispassionately consider and
accept the consequences thereof, thus
indicating greater perversity
Q: What is the essence of evident
premeditation?
A: The essence of evident premeditation is
that the execution of the criminal act must
be preceded by cool thought and reflection
upon the resolution to carry out the
criminal intent during the space of time
sufficient to arrive at a calm judgment.
Q: What are the requisites of evident
premeditation?
A: 1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination;
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.
 NOTE:
• The latest ruling is that premeditation is
not aggravating when the victim is different
from that intended
• However, if it is shown that the conspirators wee
determined to kill not only the intended victim but also
anyone who may help put a violent resistance, then
evident premeditation will be appreciated.
 CRAFT, DEFINED
CRAFT- is a circumstance characterized
by trickery or cunning resorted to by the
accused, to carry out his design. It is the
use of intellectual trickery and cunning on
the part of the accused.
 FRAUD, DEFINED
FRAUD- insidious words or machinations
used to induce the victim to act in a
manner which would enable the offender
to carry out his design.
 DISGUISE, DEFINED
• DISGUISE- it involves the deliberate effort
of the accused to conceal his identity in
the commission of the crime.
TREACHERY OR ALEVOSIA
There is treachery when the offender
commits any of the crimes against the
person, employing means, methods or
forms in the execution thereof which tend
directly and specially to insure its
execution, without risk to himself arising
from the defense which the offended party
might make.
Note: The killing of a minor who, because
of their tender age, could not be expected
to put up a defense, is considered
attended with treachery even if the manner
of the attack is not shown. The killing is
hence, qualified to murder. Also treachery
may also be appreciated in the crime of
robbery with homicide although this
complex crime is predominantly a crime
against property.
 IGNOMINY, DEFINED
• IGNOMINY- is a circumstance pertaining
to the moral order, which adds disgrace
and obloquy to the material injury caused
by the crime. It is a circumstance that
tends to make the effects of the crime
more humiliating, thus adding to the
victim’s moral sufferings.
UNLAWFUL ENTRY, DEFINED
UNLAWFUL ENTRY- there is unlawful
entry when an entrance is affected by a
way not intended for the purpose.
 CRUELTY, DEFINED
CRUELTY- a circumstance whereby the
offender enjoys and delights in making his
victim suffer slowly and gradually, causing
him unnecessary physical pain in the
consummation of his criminal act
 OTHER AGGRAVATING UNDER
SPECIAL LAWS
• Under RA 8294 6 July 1997, the use of
unlicensed firearm merely becomes an
aggravating circumstance if murder or homicide
was committed with the use thereof. But if the
unlicensed firearm is used in the commission of
any crime there can be no separate offense of
illegal possession of firearm.
• RA 10591, Comprehensive Firearms and
Ammunitions Regulations Act
• See also RA 9165.
FOUR KINDS OF AGGRAVATING
CIRCUMSTANCE

– Generic- generally applies to all crimes.

– Inherent- that must necessarily accompany
the commission of a crime
– Qualifying- that which changes the nature of
the crime
– Specific- Those that apply only to a particular
crime.
 ALTERNATIVE
CIRCUMSTANCES

Art. 15. Their concept (DEFINED). —

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.
ALTERNATIVE CIRCUMSTANCES
They are the:

1. Relationship
2. Intoxication and the
3. Degree of instruction and education of
the offender.
The alternative circumstance of
relationship shall be taken into
consideration when the offended party in
the spouse, ascendant, descendant,
legitimate, natural, or adopted brother or
sister, or relative by affinity in the same
degrees of the offender.
 INTOXICATION, WHEN
MITIGATING
The intoxication of the offender shall be
taken into consideration as a mitigating
circumstances when the offender has
committed a felony in a state of
intoxication, if the same is not habitual or
subsequent to the plan to commit said.
 INTOXICATION, WHEN
AGGRAVATING
Intoxication is aggravating when the
intoxication is habitual or intentional, it
shall be considered as an aggravating
circumstance
 PERSONS CRIMINALLY LIABLE FOR FELONIES
 

Art. 16. Who are criminally liable. — The following

are criminally liable for grave and less grave
felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
Art. 17. Principals. — The following are
considered principals:
1. Those who take a direct part in the
execution of the act;
2. Those who directly force or induce others
to commit it;
3. Those who cooperate in the commission
of the offense by another act without which
it would not have been accomplished.
 THREE CLASSIFICATIONS OF
PRINCIPALS

• Those who take a direct part in the execution of

the act. (PRINCIPAL BY DIRECT
PARTICIPATION)
• Those who directly forced or induced others to
commit it. (PRINCIPAL BY INDUCEMENT OR
INDUCTION)
• Those who cooperate in the commission of the
offense by another act without which it would not
have been accomplished (PRINCIPAL BY
INDISPENSABLE COOPERATION)
 COLLECTIVE CRIMINAL
RESPONSIBILITY
When the offenders are liable in the same
manner and the same extent.
 INDIVIDUAL CRIMINAL
RESPONSIBILITY
Here some are principals, some are
accomplices others may be accessories.
 ACCOMPLICES
Art. 18. Accomplices. — Accomplices
are those persons who, not being included
in Art. 17, cooperate in the execution of
the offense by previous or simultaneous
acts
 ACCESSORIES, DEFINED
Art. 19. Accessories. — Accessories are those who, having
knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the
effects of the crime.
2. By concealing or destroying the body of the crime, or the effects
or instruments thereof, in order to prevent its discovery.
3. (FOR PUBLIC OFFICIALS ONLY ) By harboring, concealing, or
assisting in the escape of the principals of the crime, provided the
accessory acts with abuse of his public functions
OR
(FOR PRIVATE PERSONS ALSO) whenever the author of the crime
is guilty of treason, parricide, murder, or an attempt to take the life of
the Chief Executive, or is known to be habitually guilty of some other
crime.
ACCESSORIES BUT EXEMPTED
FROM CRIMINAL LIABILITY
Art. 20. Accessories who are exempt from
criminal liability. — The penalties prescribed
for accessories shall not be imposed upon those
who are such with respect to their spouses,
ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single
exception of accessories falling within the
provisions of paragraph 1 of the next preceding
article.
 WHO ARE THE ACCESSORIES WHO
ARE EXEMPT FROM CRIMINAL
LIABILTY?

The spouse, ascendants, descendants,

brothers and sisters or relatives by affinity
within the same degree. (Note: Except
paragraph one)
 PENALTY, DEFINED
• Penalty- is the suffering inflicted by the
State for the transgression of the law.
 JURIDICAL CONDITIONS OF PENALTY

• Must be commensurate with the offense-

different crimes have different penalties under
the law.
• Must be personal- A person should be held
accountable for his own actions. No person
should be punished for the crime of another
• Certain- No person must escape the penalty.
• Legal- The penalty must be in accordance with
the law
 JUSTIFICATION FOR THE
IMPOSITION OF PENALTY
• Exemplarity- to serve as an example to others and
deter them from emulating the criminal.
• Justice- Criminal is punished as an act of retributive
justice.
• Prevention- To suppress or prevent the danger to the
State of the acts of the criminal.
• Reformation- Under the modern concept of correction
the criminal is punished in order to rehabilitate or reform
him.
• Self Defense- To protect the society against the threats
and actions of the criminals.
 UTILATARIAN
THEORY/PROTECTIVE THEORY

The primary function of punishment is the

protection of society against actual and
potential wrongdoers.
 LIFE IMPRISONMENT vs.
RECLUSION PERPETUA
LIFE IMPRISONMENT RECLUSION
PERPETUA
1. does not have 1. Has a specific
specific duration. duration
2. Imposed for violations 2. Imposable generally
of special laws for violations of the
Revised Penal Code.
3. Does not have 3. Has accessory
accessory penalties. penalties.
Q: What penalty may be imposed by the
state? (Prospective character)
A: No felony shall be punishable by any
penalty not prescribed by law prior to its
commission (Art.21)
Q: When may penal laws have retroactive
effects?
A: Penal laws shall have retroactive effect
in so far as they favor the person guilty of
a felony, who is not a habitual criminal (art.
22)
Q: What is the effect of pardon by the
offended party?
A: A pardon by the offended party does not
extinguish criminal action except as
provided in article 344. But civil liability
with regard to the interest of the injured
party is extinguished by his express
waiver (Art.23)
 Measures of prevention or safety which are nor considered penalties

The following shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their
detention by reason of insanity or imbecility, or illness requiring their
confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article
80 and for the purposes specified therein.
3. Suspension from the employment of public office during the trial or in
order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their
administrative disciplinary powers, superior officials may impose upon their
subordinates.
5. Deprivation of rights and the reparations which the civil laws may
establish in penal form.
Q: When is fine afflictive, correctional or light
in character?
A: 1. It is afflictive if it exceeds P6000.
2. It is correctional if it does not exceed
P6000 but is not less than P200
3. It is light if it is less than P200.
 CIVIL INTERDICTION
Q: What is civil interdiction?
A: It is an accessory penalty which has the effects
of depriving the offender during the time of his
sentence of the rights of parental authority, or
guardianship, either as to the person or property
of any ward, of marital authority, of the right to
manage his property, and of the right to dispose
of such property by any act or any conveyance
inter vivos.
 BOND TO KEEP THE PEACE
Q: What is bond to keep the peace?
A: It is an accessory penalty which has the effect of
requiring the person sentenced to it to present two
sureties who shall undertake that such person will not
commit the offense sought to be prevented, and in case
such offense be committed they will pay the amount
determined by the court in its judgment, or otherwise to
deposit such amount in the office of the clerk of court to
guarantee said undertaking. If the person sentenced fail
to give the bond as required he shall be detained for a
period not exceeding six months if he shall have been
prosecuted for grave or less grave felony, and shall not
exceed thirty days, if for a light felony.
 EFFECT OF PRESIDENTIAL
PARDON
Q: What is the effect of pardon (by the
President)?
A: A pardon shall not work the restoration of
the right to hold public office, or the right of
suffrage, unless such rights be expressly
restored by the terms of the pardon. It
shall also not exempt the culprit from the
payment of the civil liability imposed upon
him by the sentence.
 PARDON, DEFINED
• 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. A pardon may either be a
conditional or absolute.
 LIMITATIONS ON THE PARDONING
POWER OF THE PRESIDENT

• Pardon can be exercised only after

conviction;
• This power cannot be extended to cases
of impeachment
• No pardon involving violations of elections
laws, shall be granted without the
favorable recommendation of the
Comelec.
PARDON OF THE PRESIDENT vs. PARDON BY
THE PRIVATE OFFENDED PARTY

PARDON BY PARDON BY VICTIM

PRESIDENT
1. Extinguishes criminal liability 1. Does not extinguish criminal
liability

2. Does not extinguish civil liability 2. Extinguishes civil liability

3. Must be given after conviction 3. In cases where pardon is

by final judgment allowed it must be given prior to
the institution of criminal action
against the accused.
 PECUNIARY LIABILITY
ENUMERATE THE PROPER ORDER OF
PAYMENT OF THE PECUNIARY
LIABILITIES OF THE OFFENDER:
• Reparation of the damage caused
• Indemnification of consequential damages
• The fine
• Cost of the proceedings (Art.38)
SUBSIDIARY IMPRISONMENT
Q: What is subsidiary
imprisonment/penalty?
A: It is a personal liability to be suffered by
the convict who has no property to pay the
fine at the rate of one day for each eight
pesos. (Art. 39)
 RULES TO BE OBSERVED IN
SUBSIDIARY IMPRISONMENT
• When the principal penalty is higher than prision
correctional no subsidiary imprisonment shall be impose.
• If the principal penalty be prison correctional or arresto
and fine, his subsidiary imprisonment shall not exceed
1/3 of the term of the sentence, and in no case shall it
continue for more than one year
• When the principal penalty is only fine, subsidiary
imprisonment shall not exceed six months, if the offender
is prosecuted for grave or less grave felonies, and shall
not exceed 15 days if for a light felony.
• The subsidiary penalty which he may have suffered shall
not relieve him from the fine in case his financial
circumstances should improve. (Art.39)
 RA 10159
Art. 39. Subsidiary Penalty. – If the convict
has no property with which to meet the
fine mentioned in paragraph 3 of the next
preceding article, he shall be subject to a
subsidiary personal liability at the rate of
one day for each amount equivalent to the
highest minimum wage rate prevailing in
the Philippines at the time of the rendition
of judgment of conviction by the trial court
 COSTS
Cost; What are included. - Costs shall
include fees and indemnities in the course
of the judicial proceedings, whether they
be fixed or unalterable amounts previously
determined by law or regulations in force,
or amounts not subject to schedule (37).
Costs, defined – costs are expenses of
litigations.
Q: What is to be done to the proceeds or
instrument of a crime?
A: Every penalty imposed for the commission of a
felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or
tools with which it was committed. They shall be
forfeited in favor of the Government, unless they
be the property of a third person not liable for
the offense, but those articles which are not
subject of lawful commerce shall be destroyed.
(Art.45)
Article 46. Penalty to be imposed upon
principals in general. - The penalty prescribed by
law for the commission of a felony shall be
imposed upon the principals in the commission
of such felony.
Whenever the law prescribes a penalty for a
felony is general terms, it shall be understood as
applicable to the consummated felony.
 EXAMPLE:
Article 249. Homicide. - Any person who,
shall kill another without the attendance of
any of the circumstances enumerated in
the next preceding article, shall be
deemed guilty of homicide and be
punished by reclusion temporal.
Article 280. Qualified trespass to
dwelling. - Any private person who shall
enter the dwelling of another against the
latter's will shall be punished by arresto
mayor 
 Article 47. In what cases the death penalty shall not be
imposed. -
1. When the guilty person is less than 18 years old or
the guilty person be more than seventy years of age.
2. When upon appeal or revision of the case by the
Supreme court, all the members thereof are not
unanimous in their voting as to the propriety of the
imposition of the death penalty., in which case the
penalty shall be reclusion perpetua.
 COMPLEX CRIME, DEFINED
Q: What is a complex crime?
A: There is a complex crime when a single
act constitutes two or more grave or less
grave felonies, or when an offense is a
necessary means for committing the other.
(In which case the penalty for the most
serious crime shall be imposed in its
maximum period-Art 48)
 TWO KINDS OF COMPLEX
CRIMES

1. When a single act constitutes two or

more grave or less grave felonies-
(compound crime or delito compuesto)
2. When an offense is a necessary means
of committing the other- (complex crime
proper or delito complejo)
EXAMPLES COMPUND CRIME
1. Complex crime of rape with less serious
physical injuries (but not rape with slight
physical injuries).
2. Complex crime of direct assault with
serious physical injuries.
3. Complex crime of double murder
 EXAMPLES COMPLEX CRIME
PROPER
1. Malversation through falsification of
public document
2. Kidnapping with murder
3. Simple seduction through usurpation of
official functions.
 COMPOSITE CRIMES/SPECIAL
COMPLEX CRIMES
Where the law provides a single penalty for two
or more component offenses, the resulting crime
is called a special complex crime. Some of the
special complex crimes under the Revised Penal
Code are:
(1) robbery with homicide, 
(2) robbery with rape,
(3) kidnapping with serious physical injuries, 
(4) kidnapping with murder or homicide, and
(5) rape with homicide
SEVERAL SHOTS FROM A
THOMPSON SUB MACHINE
GUN CAUSING DIFFERENT
DETHS AND INJURIES , BY
SINGLE PRESSING OF THE
TRIGGER ARE CONSIDERED
SEVERAL ACTS.
 PLURALITY OF CRIMES
Plurality of crimes- consist in the successive
execution by one individual of different criminal
acts upon which no conviction is yet declared. It
could either be:
A. formal or ideal plurality of which art. 48 is
the best example, that is there is only one
criminal liability or
B. real or material plurality where there are
different crimes in the eyes of the law and in the
conscience of the offender. Hence in real or
material plurality the offender is punished for
each and every offense that he committed.
 CONTINUING CRIMES
Q: What is a
continuing/continued/continuous crime?
A: It is a single crime, consisting of a
series of acts all arising from one criminal
resolution. It is a continuous, unlawful act
or series of act set on foot by a single
impulse and operated by an unintermittent
force, however long time it may occupy.
 DEGREE and PERIOD
WHAT IS A DEGREE? – A Degree is one
entire penalty as enumerated in Article 71.

WHAT IS PERIOD – a period is one of the

three equal portions of a divisible penalty,
such as minimum, medium and maximum
periods.
COMPUTATION OF PENALTIES BY GRADUATION OF
DEGREE
Consum Frustrate Attempte
mated d d

Principa 0 1 2
l

Accomp 1 2 3
lice

Access 2 3 4
ory
Article 71 RPC. Graduated Scale

SCALE NO. 1
• Death
• Reclusion Perpetua
• Reclusion Temporal
• Prision Mayor
• Prision Correctional
• Arresto Mayor
• Destierro
• Arresto Menor
• Public Censure
• Fine
 SCALE NO.2

• Perpetual absolute disqualification

• Temporary absolute disqualification
• Suspension from public office, the right to
vote and be voted for, and the right to
follow a profession or calling
• Public censure
• Fine
RULES FOR THE APPLICATION OF PENALTIES
WHICH HAVE THREE PERIOD
1. No mitigating and no aggravating –
medium period.
2. Only mitigating is present – minimum
period
3. Only aggravating is present – maximum
period.
4. Both mitigating and aggravating are
present – rule on offsetting (article 64).
 ARTICLE 62 REVISED PENAL
CODE
• Aggravating circumstances which in themselves constitute a crime especially
punishable by law or which are included by law in defining a crime and prescribing
the penalty therefore shall not be taken into account for the purpose of increasing the
penalty.
• When in the commission of a crime advantage was taken by the offender of his
public position, the maximum penalty shall be imposed regardless of mitigating
circumstances.
• The maximum penalty shall be impose if the offense was committed by any person
who belongs to an organized/syndicated group. An organized or syndicated group
means a group of two or more persons collaborating, confederating, or mutually
helping one another for the purpose of gain in the commission of a crime.
• Aggravating or mitigating circumstances which arise from the moral attributes of the
offender or from his private relations with the offended party, or from any other
personal cause, shall serve only to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are attendant.
• The circumstances which consist in the material execution of the act, or in the
means employed to accomplish it, shall serve to aggravate or mitigate the liability of
only those persons who had knowledge of them at the time of the execution of the act
or their cooperation therein.
 RULE 1
Aggravating circumstances which in
themselves constitute a crime especially
punishable by law or which are included
by law in defining a crime and prescribing
the penalty therefore shall not be taken
into account for the purpose of increasing
the penalty
EXAMPLE – aggravating circumstance of
by means of fire, is not aggravating in
arson, because that is the nature of arson.

Aggravating circumstance of “use of

poison” is not aggravating in murder
because that is one of the ways by which
murder can be committed.
 RULE 2
Aggravating or mitigating circumstances
which arise from the moral attributes of the
offender or from his private relations with
the offended party, or from any other
personal cause, shall serve only to
aggravate or mitigate the liability of the
principals, accomplices and accessories
as to whom such circumstances are
attendant
 MORAL ATTRIBUTES
EXAMPLES – A and B killed C. A acted with
treachery but B acted with passion. A is guilty of
murder qualified by treachery, while B may only
be held guilty of homicide mitigated by passion.

Alfonso assisted Bea in killing Chito (husband of

Bea). Here Bea is liable for parricide, while Chito
is liable for homicide or murder as the case may
be.
 MORAL ATTRIBUTES
OTHER EXAMPLES – Bea is the
maid of Caloy. Dario, the friend of
Bea helped Bea in stealing from
Caloy’s house. Bea is laible for
qualified theft. Dario is liable for
simple theft only.
OTHER PERSONAL CAUSE

EXAMPLES – A 16 years old

together with B, 19 years old
and a recidivist killed C. A will
get lesser penalty, while B has
greater penalty.
 RULE 3
The circumstances which consist in the
material execution of the act, or in the
means employed to accomplish it, shall
serve to aggravate or mitigate the liability
of only those persons who had knowledge
of them at the time of the execution of the
act or their cooperation therein.
EXAMPLES: A ordered B to kill
C. Without saying how it should
be done. B employed cruelty in
killing C. A is only guilty of simple
murder, but B is liable for murder
aggravated by cruelty.
 LAST RULES
• When in the commission of a crime advantage
was taken by the offender of his public
position, the maximum penalty shall be
imposed regardless of mitigating circumstances.
• The maximum penalty shall be impose if the
offense was committed by any person who
belongs to an organized/syndicated group. An
organized or syndicated group means a group of
two or more persons collaborating,
confederating, or mutually helping one another
for the purpose of gain in the commission of a
crime.
 BOARD
SYNDICATED ESTAFA, DEFINED - Any person or
persons who shall commit estafa or other forms of
swindling as defined in Article 315 and 316 of the RPC
which is committed by a syndicate consisting of five or
more persons formed with the intention of carrying out
the unlawful or illegal act, transaction, enterprise or
scheme, and the defraudation results in the
misappropriation of money contributed by stockholders,
or members of rural banks, cooperative, "samahang
nayon(s)", or farmers association, or of funds solicited by
corporations/associations from the general public (PD
1689).
 HABITUAL DELINQUENT
Q: Who/What is a habitual delinquent?
A: A person shall be deemed a habitual
delinquent if 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, robo, hurto,
estafa, or falsification, he is found guilty of
any of said crimes a third time or oftener.
RULE ON SIMULTANEOUS SERVICE
OF SENTENCE OR PENALTY
When the culprit has to serve two or more
penalties, he shall serve them simultaneously if
the nature of the penalties will permit so,
otherwise the order of their respective severity
shall be followed so that they maybe executed
successively or as nearly as may be possible,
should a pardon have been granted as to the
penalty first imposed or should they have been
carried out (Art. 70).
 ORDER OF SEVERITY OF
PENALTY
Q: Enumerate the proper order of severity of penalty from the highest
to the lowest.
A: 1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary Absolute Disqualification
11. Suspension from public office, the right to vote and be voted for,
profession
12. Public censure
 3 FOLD RULE IN SERVICE OF
SENTENCE
Q: What is the three fold rule in the service of
sentence?
A: According to this rule, the maximum duration of
the convict’s sentence shall not be more than
threefold the length of time corresponding to the
most severe of the penalties imposed upon him.
No other penalty to which he may be held liable
shall be inflicted after the sum of those imposed
equals the said maximum period.
Such maximum period shall in no case exceed
forty years.
 COMPLEX PENALTY
Q: What is a complex penalty?
A: It 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.( ex.
Reclusion Temporal to Death)
• Note: Articles 81-85 are provisions that
have something to do with the death
penalty. These provisions have no longer
any relevance except for academic
purposes by reason of the enactment of
RA 9346-An Act Prohibiting the
Imposition of the Death Penalty.
• Death penalty is suspended when convict becomes insane or
imbecile.
• Under art 83- the death sentence shall be suspended when the
woman is pregnant and within one year after delivery.
• Also the death sentence shall not be inflicted upon a person over 70
years of age.
• Under article 85 it is prohibited to bury the dead body of a person
legally executed with pomp, otherwise the offenders are liable under
article 153 on tumults and disturbances.
• But again, these provisions no longer have any application. In
retrospect it used to be that the Supreme Court automatically reviews
the decision of lower courts, whenever they imposed the penalty of
death, reclusion perpetua or life imprisonment. However on July 7,
2004 in the case of People vs. Mateo, the Supreme Court said that
such review should be undertaken by the Court of Appeals first in
pursuant to the hierarchy of courts doctrine.
HEINOUS CRIMES, DEFINED
Those crimes which are grievous, odious
and hateful offenses and which, by reason
of their inherent or manifest wickedness,
viciousness, atrocity and perversity are
repugnant and outrageous to the common
standards and norms of decency and
morality in a just, civilized and ordered
society (RA 7659).
 LETHAL INJECTION
TIMELINE
Leo Etchegaray who was
found guilty of raping her
daughter. He was executed
February 5, 1999.
 TIMELINE

Pablito Andan - was also

executed later in that year.
He was found guilty of rape
with homicide. He was
executed May 28, 1999.
 TIMELINE
Eduardo Agbayani (convicted of raping his own
daughter) could be the unluckiest among all
death convicts. Rumors had it that the President
had changed his mind and acceded to a
postponement on execution. It was reported that
he was calling the execution room to halt the
execution but the line was busy. He was only
able to connect with it about one or two minutes
after Agbayani was declared dead. The
execution took place June 25, 1999.
 TIMELINE
Dante Piandiong, Jesus Morallos
and Archie Bulan were executed
one after another by lethal injection
for the crime of robbery with
homicide. They were executed on the
same day, eerily just minutes apart
from each other, on July 8, 1999.
 THE THREE DRUG RULE
Drugs Used in the three Drug-Rule:

1. Sodium Thipentotal- induces sleep.

2. Pancurium Bromide- paralyzes the muscles
3. Potassium Chloride- stops the heart beat
There were 84 total number of executions
via electric chair in the Philippines.
Marcelo San Jose was the last on October
21, 1976.
Q: Why do some judges had the habit of
ceremoniously breaking their pencils after
publicly promulgating a death sentence?
A: It was a common sight to witness the
practice or ceremony of judges breaking
the pencils they used in cases which
results in death sentence as a symbolic
gesture that shows hope of never having to
give a death sentence ever again.
Q: Give the concept of the penalty of destierro.
A: Any person sentenced to destierro shall not be
permitted to enter the places designated in the
sentence, nor within the radius therein specified,
which shall not be more than 250 and not less
than 25 kilometers from the place designated. If
he does he may be held liable for Evasion of
service of sentence under article 157 RPC.
DESTIERRO IS IMPOSED IN THE
FOLLOWING:
– Death or Serious Physical injuries inflicted
under exceptional circumstances
– When a person fails to give a bond for good
behavior (Art. 284)
– Penalty for concubine in concubinage ( Art.
334)
Art. 88. Arresto menor. — The penalty of
arresto menor shall be served in the municipal
jail, or in the house of the defendant himself
under the surveillance of an officer of the law,
when the court so provides in its decision, taking
into consideration the health of the offender and
other reasons which may seem satisfactory to it.
MODES OF TOTAL EXTINCTION OF CRIMINAL
LIABILITY (Art. 89)

• By the death of the convict, as to the personal penalties; as to

pecuniary liabilities, it is extinguished only when the death of the
offender occurs before final judgment.
• By service of sentence;
• By amnesty-an act of the sovereign power granting oblivion or a
general pardon for past offense, and is rarely exercised in favor of a
single individual, and is usually exerted in behalf of certain classes
of persons who are subject to trail but not yet convicted.
• By absolute pardon
• Prescription of crime- the forfeiture or the loss of the right of the
state to prosecute the offender after the lapse of a certain time.
• Prescription of Penalty- the loss or forfeiture of the right of the
Government to execute the final sentence after the lapse of a
certain time.
• Marriage of the offended party under Article 344 RPC
 AMNESTY vs. PARDON
AMNESTY PARDON

1. Granted by the President with the Granted by the President alone

concurrence of Congress

2.May be given before or after conviction or Given only after conviction by final
during trial. judgment

3. Usually given to political offnders and a 3. Usually given to common crimes and
group of people single person

4. Looks backwards and erases everything 4. Looks forward

 TABLE OF PRESCRIPTION OF
CRIMES
PENALTIES INVOLVED PERIOD OF
PRESCRIPTION
Death, Reclusion perpetua, and 20 years
Reclusion temporal

Other afflicitve penalties, ex. 15 years

Prision mayor and
Disqualifications.

Punishable by correctional 10 years

penalties, ex. Prision correctional,
arresto mayor, destierro
 TABLE OF PRESCRIPTION OF
CRIMES
Arresto Mayor 5 years

Libel 1 year

Oral defamation and 6 months

slander by deed
Other light offenses 2 months
 Art. 91. Computation of
prescription of offenses.
• The period of prescription shall commence to
run from the day on which the crime is
discovered by the offended party, the authorities,
or their agents, and shall be interrupted by the
filing of the complaint or information, and shall
commence to run again when such proceedings
terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any
reason not imputable to him.
• The term of prescription shall not run when the
offender is absent from the Philippine
Archipelago.
 NOTE:
The period of prescription shall commence to run from
the day on which the crime is discovered by the:
1. offended party,
2. the authorities, or
3. their agents, and
shall be interrupted by the filing of the complaint or
information, and shall commence to run again when
such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him. It shall not run when
the offender is absent from the Philippines (Art.91)
 TABLE OF PRESCRIPTION OF
PENALTIES
PENALTY EVADED PRESCRIBES IN

Death and Reclusion 20 years

Perpetua
Other afflictive penalties 15 years

Correctional penalties 10 years

Arresto Mayor 5 years

Light penalties 1 years

Note: Prescription of penalties shall commence
to run from the date when the culprit should
evade the service of his sentence, and it shall be
interrupted if
1. the defendant should give himself up,
2. be captured,
3. should go to some foreign country with which
the government has no extradition treaty, or
4. should commit another crime before the
expiration of the period of prescription (Art.93)
 MODES OF PARTIAL EXTINCTION OF
CRIMINAL LIABILITY

• By conditional pardon- a contract between the

president and the convict the former will release the
latter upon compliance with certain conditions.
• By commutation of sentence- it is the reduction of the
period of imprisonment of the offender or the amount of
the fine.
• For good conduct time allowance- are deductions
from the term of the sentence for good behavior of the
convicted prisoner.
• Parole- consists of the suspension of the sentence of a
convict after serving the minimum term of the
indeterminate penalty
 RA 10592 (May 2013)
"ART. 94. Partial extinction of criminal liability. –
Criminal liability is extinguished partially:
"1. By conditional pardon;
"2. By commutation of the sentence; and
"3. For good conduct allowances which the
culprit may earn while he is undergoing
preventive imprisonment or serving his
sentence."
 PROBATION
A disposition by which an person after
conviction is released subject to approval
by the court and supervision of probation
officer.
 WHO MAY FILE A PETITION
FOR CONDITIONAL PARDON?
A prisoner who has served at
least one-half (1/2) of the
maximum of the original
indeterminate sentence.
 GOOD CONDUCT TIME
ALLOWANCE
Q: Who gives good conduct time allowance?
A: Director of Prisons.
 RA 10592 (May 2013)
"ART. 99. Who grants time allowances. –
Whenever lawfully justified, the:
1. Director of the Bureau of Corrections.
2. Chief of the Bureau of Jail Management and
Penology.
3. Warden of a provincial, district, municipal or
city jail shall grant allowances for good conduct.
Such allowances once granted shall not be
revoked."
YEARS OF PERIOD OF
GOOD DEDUCTION
BEHAVIOR
1-2 YEARS 5 DAYS PER
MONTH
3-5 YEARS 8 DAYS PER
MONTH
6-10 YEARS 10 DAYS PER
MONTH
11 YEARS AND 15 DAYS PER
UP MONTH
 "ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for
preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any
penal institution, rehabilitation or detention center or any other local jail shall entitle him to the
following deductions from the period of his sentence:
"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for
each month of good behavior during detention;
"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
reduction of twenty-three days for each month of good behavior during detention;
"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be
allowed a deduction of twenty-five days for each month of good behavior during detention;
"4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of thirty days for each month of good behavior during detention; and
"5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen
days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring
service time rendered.

"An appeal by the accused shall not deprive him of entitlement to the above allowances for good
conduct."
 RA 10592 (May 2013)
1- 2 YEARS 20 DAYS FOR EACH MONTH OF GOOD
BEHAVIOR

3-5 YEARS 23 DAYS FOR EACH MONTH OF GOOD

BEHAVIOR

6-10 YEARS 25 DAYS FOR EACH MONTH OF GOOD

BEHAVIOR

11- SUCCEDING YEARS 30 DAYS FOR EACH MONTH OF GOOD

BEHAVIOR

AT ANY TIME 15 DAYS FOR EACH MONTH OF

STUDY,TEACHING OR MENTORING
SERVICE TIME RENDERED
SPECIAL TIME ALLOWANCE FOR
LOYALTY
Q: What is the special allowance for loyalty?
A: It is a deduction of 1/5 of the period of sentence
to any prisoner who, having evaded the service
of his sentence under the circumstances in art.
158 RPC, gives himself up to the authority within
48 hours following the issuance of a
proclamation announcing the passing away of
the calamity.
 RA 10152 (May 2013)
ART. 98. Special time allowance for loyalty. – A deduction of one
fifth of the period of his sentence shall be granted to any prisoner
who, having evaded his preventive imprisonment or the service of
his sentence under the circumstances mentioned in Article 158 of
this Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing
away of the calamity or catastrophe referred to in said article. A
deduction of two-fifths of the period of his sentence shall be granted
in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.
"This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence."
 DISTINGUISH BETWEEN FELONIES PUNISHED UNDER THE RPC
AND THOSE OFFENSES UNDER SPECIAL PEAL LAWS

FELONIES UNDER THE OFFENSES UNDER

RPC SPECIAL PENAL LAWS

1. As to stages of There are attempted, There are generally no

execution frustrated and attempted or frustrated
consummated stages stages of offenses under
which are all punishable special laws, only
consummated
2. As to presence of Aggravating and Generally aggravating
mitigating or aggravating mitigating circumstances and mitigating
are considered in circumstances are not
computing the penalty considered in violations
of special penal laws
3. As to participation There are principals, There are no principal,
accomplices and accomplices or
accessories accessories. The penalty
is uniform and fixed.
Q: What is article 100 of the Revised Penal
Code?
A: It says” every person criminally liable for
a felony is also civilly liable.
 SUBSIDIARY CIVIL LIABILITY OF
CERTAIN PERSONS
• Art. 102. Subsidiary civil liability of innkeepers, tavern keepers and
proprietors of establishments- In default of persons criminally liable,
innkeepers, tavernkeeprs, and any other persons or corporations shall be
civilly liable for crimes committed in their establishments, in cases where a
violation of municipal ordinances or some general or special police
regulations shall have been committed by them or their employees.
• Innkeepers are also subsidiary liable for the restitution of goods taken
by robbery or theft within their houses from guests lodging therein, or for the
payment of the value thereof, provided that such guests shall have notified
in advance the innkeepers himself, or the person representing him, of the
deposit of such goods within the inn, and shall furthermore have followed
the directions which such innkeepers or his representative may have given
them with respect to the care and vigilance over such goods. No liability
shall attach in case of robbery with violence against or intimidation of
persons unless committed by the innkeepers’ employees.
.
Art. 103. Subsidiary civil liability of
other persons- The subsidiary liability
established in the next preceding article
shall also apply to employers, teachers,
persons, and corporations engaged in any
kind of industry for felonies committed by
their servants, pupils, workmen,
apprentices, or employees in the
discharge of their duties.
Art. 104. What is included in civil liability-
• Restitution
• Reparation of damage caused
• Indemnification of consequential damage
 RESTITUTION
Art. 105. Restitution how made- The restitution of
the thing itself must be made whenever possible,
with allowance for any deterioration or
diminution of value.
The thing itself shall be restored, even
though it be found in the possession of a third
person who has acquired it by lawful means,
saving to the latter his action against the proper
person who may be liable to him.
 REPARATION
Art. 106. Reparation- The court shall
determine the amount of damage, taking
into consideration the price of the thing,
and its special sentimental value to the
injured party.
 INDEMNIFICATION
Art. 107. Indemnification- Indemnification
of consequential damages shall include
not only those caused the injured party,
but also those suffered by his family or by
third person by reason of the crime.
• Article 108. Obligation to make restoration, reparation
for damages, or indemnification for consequential
damages and actions to demand the same; Upon whom
it devolves. - The obligation to make restoration or
reparation for damages and indemnification for
consequential damages devolves upon the heirs of the
person liable.
• The action to demand restoration, reparation, and
indemnification likewise descends to the heirs of the
person injured.
• Article 109. Share of each person civilly liable. - If there
are two or more persons civilly liable for a felony, the
courts shall determine the amount for which each must
respond.
Article 110. Several and subsidiary liability of principals,
accomplices and accessories of a felony; Preference in payment. -
Notwithstanding the provisions of the next preceding article, the
principals, accomplices, and accessories, each within their
respective class, shall be liable severally (in solidum) among
themselves for their quotas, and subsidiaries for those of the other
persons liable.

The subsidiary liability shall be enforced, first against the property of

the principals; next, against that of the accomplices, and, lastly,
against that of the accessories.

Whenever the liability in solidum or the subsidiary liability has been

enforced, the person by whom payment has been made shall have
a right of action against the others for the amount of their respective
shares.
Article 111. Obligation to make restitution
in certain cases. - Any person who has
participated gratuitously in the proceeds of
a felony shall be bound to make restitution
in an amount equivalent to the extent of
such participation.
Article 112. Extinction of civil liability. - Civil liability
established in Articles 100, 101, 102, and 103 of this
Code shall be extinguished in the same manner as
obligations, in accordance with the provisions of the Civil
Law.
Article 113. Obligation to satisfy civil liability. - Except in
case of extinction of his civil liability as provided in the
next preceding article the offender shall continue to be
obliged to satisfy the civil liability resulting from the crime
committed by him, notwithstanding the fact that he has
served his sentence consisting of deprivation of liberty or
other rights, or has not been required to serve the same
by reason of amnesty, pardon, commutation of sentence
or any other reason.
 Modes of Extinction of Civil
Liability
Civil liability is extinguished in the same manner as
other obligations, in accordance with the
provisions of the Civil Code namely:
1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of creditor
and debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).
 END OF BOOK 1

TO GOD BE THE GLORY!!!

SOLI DEO GLORIA!!!
GLORIA IN EXCELSIS DEO!!!