ART 1:

RPC effectivity: January 1 1932

(passed on Dec 8 1930)
A Crime may be:
1.
felony (rpc)
2.
offense (special law)
3.
acts or infractions (ordinance/local legislation)
Limitations on Penal Laws:
1.
general in application
2.
not be an ex post facto law
3.
not a bill of attainder
4.
no cruel or excessive penalties
Characteristics of Penal laws:
1.
generality applies to all persons within the
Philippines
2.
territoriality only within the Philippines (exc Art 2)
3.
prospectivity no retroactive effect (exc art 22)
Theories on Criminal Law
1.
Utilitarian punishment shall only be imposed on the
actual wrongdoers (magno vs ca)
2.
Doctrine pro reo penal laws construed liberally in
favor of accused
3.
Lenity rule if the law is susceptible of 2
interpretations, construe in favor of the accused
4.
Equipoise rule evidence of the prosecution is
equally balance to the defense , rule in favor of the
accused
Reason: presumption of innocence & proof beyond
reasonable doubt
nullem crimen nulla poena sine lege
there is no crime when there is no law which punishes it
ART 2:
GR: RPC Shall be enforced within the Philippines

Intent- the use of a particular means to achieve a desired result

(internal state of mind) it is determined by:
a.
means employed
b.
overt acts
2 Kinds of Intent:
1.
General Criminal Intent
presumed by mere going an act
prosecution need not prove
2.
-

Specific Criminal Intent

an ingredient of the commission of a crime
proved by proof beyond reasonable doubt

Note:
-intent need not be proven when the victim dies bec. It becomes
a GCI
-only necessary to prove if it is in the attempted and frustrated
stage [homicide, parricide, murder, infanticide]
Motive the moving power that impels a person to do an act to
achieve a desired result
(motive is proved by the testimony of the witnesses as to the
acts or statements made by the accused)
GR: motive is not material to determine criminal liability
EXC: when motive becomes material
a.
the offenders act results to various crimes
b.
identity of offender is doubtful
c.
prosecution only has circumstantial evidence to
prove the crime
Factors to determine intent to kill:
1.
nature and no of weapons
2.
nature, no. and location of wounds inflicted
3.
manner committing the crime
4.
proof of victim
5.
acts, deeds and words stated by offender before
doing or after the crime

EXC: extraterritorial application

1.
commits an offense while on Phil ship or airship
2.
forge/counterfeit any coin or currency not of the
Phils or obligations & securities issued by the RP
3.
liable for acts connected with the introduction into
these islands of the obligation and securities under
No.2
4.
while being a PO or EE should commit an offense
while in the exercise of function
5.
commits any crimes against national security and law
of the nations

Intent
-means used
-material element to
criminal liability
-proven by:
a.overt acts
b.means employed

EXC to EXC: treaties and law of preferential application

(agreement will prevail over the RPC

Elements of Mistake of fact:

1.
the act done would have been lawful and justifiable
had the facts been as the accused believed them to
be
2.
intention of the accused in doing the act is lawful
3.
mistake must be without fault, negligence or
carelessness on the part of the offender

Foreign Merchant Vessel Rule:

1.
English rule* - crime committed on a foreign vessel
on the waters of another the host country will have
jurisdiction
2.
French- crime committed on a foreign vessel on the
waters of another flag country has jurisdiction
Rules on crimes on vessels
1.
Phil ship & outside the Phil territory but not of
another country Phils
2.
Phil ship & high seas phils
3.
Phil ship & waters of Malaysia Malaysia
ART 3: FELONIES
Felonies: acts or omissions punished by the RPC
Acts: body movement which has a direct connection to the
felony (external act)
Omission: failure of a person to perform an act
2 KINDS OF FELONIES:
1.
Deceit (dolo)
a.
criminal intent of the offender
b.
freedom of action
c.
intelligence of the offender
2.
Fault (culpa)
[it is a result of imprudence, negligence, lack of foresight or lack
of skill]
a.
criminal negligence
b.
freedom of action
c.
intelligence

Criminal Law Review (Book I)

Liaa Chua Notes (summary)

Motive
-moving power that impels him
-not material to determine criminal
liability
a.acts/statements given prior or
immediately after the crime is committed

Defense against intent: Mistake of Fact

Mistake of fact - the misapprehension of facts on the person
who caused injury to another; absolved from liability

2 instances when crime can be committed

criminal intent:
1.
culpable felony
2.
violation of a special penal law

without

mala in se inherently wrong; ;even if there is no law; it is evil

(killing or stealing)
mala prohibita the law prohibits ; they are wrong because
there is a law that prohibits it
mala in se
-inherently wrong
-crim.liability based on intent or
morality of offender
-good faith/lack of criminal
intent is a valid defense
-mitig&aggrav circ are considered
by the court in imposing a penalty
-degree of participation are
considered
-other stages are taken in
consideration

mala prohibita
-not inherently wrong
-crim liability based on the
doing of the prohibited act
-not a valid defense
-not considered by court
-degree of participation not
considered
-only consummated stage

[Garcia vs CA: the act of decreasing/increasing a candidates

vote is mala in se, they shouldve exercised EO diligence]
[Lonely vs People: acts mala in se cannot absorb mala prohibita
bec. Mala in se has intent , deceit or fault; mala prohibita is a
violation of a special penal law]

Page 1

[Jacinto vs People: taking out of a check without value would not

amt to theft ;therefore, the crime is impossible]

Note:
-

mala in se cannot absorb mala prohibita

mala prohibita is not necessarily included in mala in
se
culpable felony is necessarily included in an
intentional felony bec culpable felony is of a lesser
offense

ART. 4: CRIMINAL LIBAILITY SHALL BE INCURRED BY:

(1)

by any person committing a felony although the

wrongful act done be different from that 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
on account of the employment of inadequate or
ineffectual means

Proximate Cause: by any person committing a felony although

the wrongful act done be different from that which he intended:
1.
2.
3.

intended acts is a felonious act

resulting act is a felony
resulting act is the direct, natural and logical
consequence of the felonious act of the offender

Efficient Intervening Cause: an active force which is a distinct

act absolutely from the felonious act of the offender
[people vs villacorta: he cannot be convicted of homicide; the
incubation period of tetanus virus is within 14days; if the victim
dies 22 days after the stabbing then it was only a remote cause]
3 situations where a person becomes criminally liable for
the resulting felony even if it is different from that
intended:
(1)
-

mistake in blow (abberatio ictus)

situation where the offender directed a blow at his
intended victim but because of poor aim the blow
landed on another victim

(2)
-

mistake in identity (error in personae)

situation where the victim actually received the
bullet but he was mistaken to be the intended victim
the intended victim was not at the scene of the crime
the variance bet. The intended crime and the actual
crime committed, you have to compare the 2
whichever has a lesser penalty, then that penalty
shall be imposed

(3)
-

praeter intentionem (injury greater than

intended)
it can mitigate the crime
Garcia vs People: there was prater intentionem in his
act of mauling him (proximate cause of the heart
attack, but no one would anticipate that the mere act
of mauling would result to death)
People vs sales: prater intentionem was not
considered (the son was tied on a tree while being
hit by wood)

Impossible Crime
any person performing an act which would be an
offense against persons/property were it not for the
inherent impossibility of its accomplishment or an act
of the employment of inadequate or ineffectual
means
Penalty for Impossible Crime: arresto mayor or
P200-500
Elements of Impossible Crime:
1.
offense against persons or property
2.
act one with evil intent
3.
act was not accomplished bec of the inherent
impossibility or employment of inadequate or
ineffectual means
4.
act done should not constitute any other violation of
the RPC
2 Kinds of Inherently Impossible Crimes:
1.
legal impossibility when all the intended acts would
not have amounted to a crime
2.
physical impossibility an extraneous circumstance
unknown to the offender prevented the consignation
of the crime

Criminal Law Review (Book I)

Liaa Chua Notes (summary)

ART 5: DUTY OF THE COURT with acts that should be

repressed but not covered by law and in excessive
penalties
ART. 6: CONSUMMATED, FRUSTRATED AND ATTEMPTED
2 Phases in the Commission of the Crime:
1.Subjective Phase: offender commences the commission of
the crime after the time that he has still control over his acts (he
still has control over his acts)
2.Objective phase: from the moment the offender loses control
over his acts, it is already in this phase of the commission of the
crime
Development of a crime:
1.internal:mere criminal thought; not punishable
2.external:preparatory acts and acts of execution
Stages of a Crime:
1.Consummated all elements necessary for its execution and
accomplishment are present
2.Frustrated offender performs all acts of execution which
would produce a felony but which does not produce it by reason
of causes independent of the will of the offender
3.Attempted offender commences the commission of the
felony directly / overt acts and does not perform all acts of
execution which would produce the felony by reason of cause or
accident other than his own spontaneous desistance
Overt acts: any external act which if allowed to continue would
naturally and logically ripen into a crime
[baleros vs people: no attempted rape bec. Pressing of cloth
soaked with chemical on the fact of a woman is not an overt act
directly connected to rape]
[rivera vs people: there is attempted rape, he only stopped bec
of the arrival of the police]
[Valenzuela vs people: as to the wound, if it is mortal and the
victim survived it is frustrated; if it is not fatal it is
attempted]
[people vs lizada: there is attempted rape bec of the 3 former
acts of rape ; it can be assumed that there was intent to rape
the girl]
note: in theft there is no frustrated stage; there is also no
frustrated rape
ART, 7: LIGHT FELONIES
GR: punishable only when they have been consummated
EXC: crimes against persons or property
ART 8: CONSPIRACY AND PROPOSAL
Proposal: when the person who has decided to commit a felony
proposes its creation to some other person
Conspiracy: exists when 2 or more persons come to an
agreement concerning the commission of a felony and decide to
commit it [same penalty for all conspirators]
GR: conspiracy is not a punishable act
EXC: when the law specifically provides a penalty
(treason, rebellion, sedition)
2 Kinds of Conspiracy:
1.direct- met, planned, agreed and decided to commit it
2.indirect deduced from the mode and manner
GR: Conspirators are liable only for the crime agreed upon
EXC:
1.
other crime was committed in the presence of other
conspirators and they did not prevent it
2.
other crime was the natural consequence of the
crime agreed upon
3.
resulting crime is a composite crime/special complex
crime or a single indivisible complex crime
People vs Bokingco: no conspiracy bec one was committing a
crime different from another; there was no pre conceived plan

Page 2

above 15yo and below 19yoif with discernment, he

is not exempt from criminal liability and prosecuted
just like other criminals

the child in conflict of the law shall be placed under

suspended sentence without need of application
BUT! Suspension of sentence shall still be applied
even if the juvenile is already 18yo at the time of
pronouncement as long as he is 18yo and below at
the commission of the crime
If a child is under suspended sentence, the court
shall decide for discharge or extend the sentence
until he attains 21yo

2 Kinds of Multiple Conspiracy:

1.
Wheel: hub deals with spokes [fernan vs people]
2.
Chain: successive communication and cooperation
ART 9 : GRAVE, LESS GRAVE, LIGHT FELONIES
1.
grave felonies: capital punishment
2.
less grave felonies: max. period are correctional
3.
light felonies: arrest menor/P200
ART 10: OFFENSES ARE NOT PUNISHED UNDER THIS
CODE
ART 11: JUSTIFYING CIRCUMSTANCES
[do not incur criminal liability]
(1)

self-defense

a.
b.

unlawful aggression
reasonable necessity of the means employed to
prevent or repel
lack of sufficient provocation on the part of the
person defending himself

c.
(2)

People vs Sarcia & People vs Mantalaba: accused

convicted of statutory rape, the SC Ruled that the
law be given retroactive application provided that
persons who have been convicted and serving
sentence at the time of the effectivity and below
18yo shall be given retroactive application

Sarcia cannot be given retroactive effect because he

is already 31yo even if he committed the crime when
he was 17yo [the max. is 21yo]

In Mantalaba, it was granted because he was 20yo

Madali vs People: act of discernment. Discernment is

the mental capacity of a minor to fully appreciate the
consequences of his unlawful act

(3)
a.
b.
c.

accident
person is performing a lawful act
due cause
causes injury to another by mere accident

defense of relatives

a.
b.

unlawful aggression
reasonable necessity of means employed to prevent
or repel
c.
in case there was provocation, the person making a
defense has no part
relative: spouse, ascendant, descendant, legitimate natural or
adopted brother and sister or relatives by affinity or
consanguinity within the 4th civil degree
(3)

defense of strangers

a.
b.
c.

unlawful aggression
reasonable necessity of the means employed to
prevent or repel
not induced by revenge, resentment or motive

(4)
a.
b.
c.

compulsion of irresistible force

compulsion by means of physical force
force is irresistible
force comes from a 3rd person

(4)

state of necessity

a.
b.
c.

evil sought to be avoided actually exists

injury feared be greater than that to avoid it
no other practical and less harmful means of
preventing it

(5)
a.
b.
c.

uncontrollable fear
existence of uncontrollable fear
fear is real and imminent
fear of injury is greater than or equal to that
committed

(5)

fulfillment of a duty or in a lawful exercise of a

right/office
accused acted in performance of a duty or in lawful
exercise of right or office
injury/offense
committed
be
the
necessary
consequence o the due performance of duty or
lawful exercise of right or office

(6)
a.
b.
c.

insuperable cause
act is required by law to be done
person fails to perform such act
failure to perform such act was due to some lawful
or insuperable cause

[no criminal liability but there is civil liability]

a.
b.

(6)
a.
b.
c.

obedience to an order issue by a superior for

some lawful purpose
order was issued by a superior
lawful purpose
means used by the subordinate to carry out the
order is lawful

RA: 9262 BATTERED WOMAN SYNDROME

-

a woman is repeatedly subjected to any forceful

physical or psychological behavior by a man in order
to coerce her to do something he wants her to do
at least twice (battering cycle)
akin to justifying circumstance
proven through the expert testimony of the
psychiatrist who will prove that the wife is suffering
from battered woman syndrome

ART 12: EXEMPTING CIRCUMSTANCES

(1)
-

insanity / imbecility
insanity is exempting unless the accused acted
during lucid interval

(2)
-

minority
RA 9344 [Juvenile justice welfare act]
Child in conflict with the law a child who is alleged
as having committed an offense under Phil. Laws

15yo and below exempted from criminal liability

Criminal Law Review (Book I)

Liaa Chua Notes (summary)

ART 13: MITIGATING CIRCUMSTANCES

those circumstances that would reduce the
imposable penalty because it shows lesser traversity
or criminality of the offender
2 kinds of Mitigating Circumstances:
a.Ordinary Mitigating Circumstance can be offset by a
generic aggravating circumstance
b.Privileged Mitigating Circumstance cannot be offst by an
aggravating circumstance; its presence takes precedence over
all; reduce not by period but by degrees
(1)
How
-

incomplete justifying circ /exempting

circumstances
to determine if JC/EC should be OMC or PMC:
majority of elements for J/E are present PMC
2 elements are present PMC
less than majority is present OMC
only 1 element is present OMC

(2)
-

minority / seniority
minority (below 18yo) seniority (above 70yo)
minority is always PMC, seniority is OMC but PMC if
punishable by death

(3)

no intent to commit a grave so wrong (praeter

intentionem)
offender committed a felony
notable or notorious disparity between the means
employed by the offender and result of felony

a.
b.

Page 3

(4)
a.
b.
c.

provocation must be sufficient

originate from offended party
the commission of provocation must be immediate
from the commission of the criminal act by the
person who was provoked
2 Elements of Sufficient Provocation
a.
adequate to stir a person to commit wrong
b.
proportionate to gravity of a crime

(5)
a.

b.
(6)
a.
b.

(7)

(2)

Crime committed in contempt of or with insult

to public authorities

a.
b.

PO engaged in the exercise of his function

Public authority not against whom the crime is
committed (otherwise it will be direct assault)
Offender knows him to be of public authority
Presence of public authority did not prevent offender
from committing the crime

sufficient provocation / threat

immediate vindication of a grave offense

grave offense to one committing a felony, his
spouses,
ascendants,
descendants,
legitimate
natural or adopted brother or sister or relative by
affinity of the same degree
proximate cause of the crime
pasion and obfuscation
there be an act both unlawful and sufficient to
produce pasion and obfuscation
act that would produce pasion and obfuscation must
not be far removed from the commission of the
crime by the length of time during which the
offender
might have
recovered his normal
equanimity
voluntary surrender / voluntary plea of guilt

Voluntary Surrender
a.
offender had not been actually arrested
b.
offender voluntarily surrendered himself to a person
in authority or his agent
c.
voluntary (it must be spontaneous)

c.
d.
(3)

(note)
treachery absorbs disregard of age
disregard of rank, age and sex only applied to crimes
against persons and chastity
When Crime is not aggravating even if inside the dwelling:
a.
Provocation is given
b.
offended and offender lives in the same dwelling
c.
dwelling is inherent
(4)

Voluntary Plea of Guilt

a.
guilt tendered is confessed spontaneously and
unconditionally
b.
confesses guilt in open court
c.
confession was made before the presentation of the
evidence for the prosecution

Obvious Ungratefulness:
a.
offended trusted the offenders
b.
offender abused such trust by committing a crime
against the offended party
c.
act committed with obvious ungratefulness

(8)
-

deaf, dumb, blind, physical defect

there must be a connection with the physical defect
and the cure committed

(9)

illness of the offender that would diminish the

exercise of will power without depriving him
of the consciousness of his acts

(10) other circumstances of similar or analogous

nature to those above
ex. voluntary return of public funds; 65yo suffering from a
disease is akin to seniority
ART. 14: AGGRAVATING CIRCUMSTANCES
KINDS OF
1.
2.
3.
4.

AGGRAVATING CIRCUMSTANCES:
Generic: applies to all crimes
Specific: some crimes
Inherent: elements in a crime
Qualifying: changes the nature of crime

Note:
-aggravating circ. Must be alleged in the information and proven
during trial
-if there are 2 or more qualifying aggrav. Circ, only onw of them
will qualify the crime
(1)

advantage taken because of the offenders

public position
a.
offender is a PO
b.
offender uses his prestige, influence or
ascendancy

Criminal Law Review (Book I)

Liaa Chua Notes (summary)

Crimes committed (4):

palace of chief executive, presence of chief

executive,
public authorities engaged in discharge of duties,
place dedicated to religious worship
(note) offender must have deliberately sought the place;
reason: disrespected the place or lack of respect.
(6)

[ in culpable felonies, Art 365, quasi offenses the judge may or

may not consider the MC]

Abuse of confidence & obvious ungratefulness

Abuse of Confidence:
a.
offended trusted the offender
b.
offender abused such trust by committing the crime
against the offended party
c.
abuse of confidence facilitated the crime

(5)
[warrant issued, but there is a surrender then it is MC bec. PO
have not yet gone looking for them]

Insult/disregard of respect of rank, age, sex or

committed in the dwelling of offended party

Night time, uninhabited place, by a band

Night time
from sunrise to sunset
offender must have deliberately sought the darkness
of the night to facilitate the commission of the crime
uninhabited place
a.
remote possibility for the victim to receive some help
b.
offender deliberately sought the uninhabited place in
order to facilitate the crime
band
more than 3 armed malefactors (therefore, at least 4
armed men)
conspiracy does NOT absorb by a band: even if the
court considered conspiracy, band may still be
considered by court bec conspiracy is a means of
committing a crime
(7)

Occasion
of
conflagration,
shipwreck,
earthquake, epidemic, or other calamity or
misfortune

(note): reason took advantage of the occasion

Conflagration a large destructive fire
Epidemic affects a large no. of individuals
(8)

Aid of armed men or persons who insure or

afford impunity

Aid of armed men: aid of armed men may be by direct or

indirect participation in the crime
Armed men
-Any # of persons
-Not necessary that the armed
Men acted together in committing
The crime

Band
-at least 4 armed men
-they must have acted
together in actual commissn
of the crime

Page 4

(9)

Recidivist

(13) Evident premeditation

Recidivist one who at the time of his trial for one crime shall
have previously been conceited by final judgment of another
crime embraced in the same title of the RPC
(note): there must be at least 2 convictions; 1 is of final
judgment

-implies a deliberate plan before or after the commission of the

crime; stubborn adherence to a decision to commit a crime
a.
b.

a.
b.
c.
d.

offender is on trial for an offense

previously convicted by final judgment of another
crime
1st and 2nd offense are under the same title of the
RPC
offender is convicted of the 2nd offense charged

(10) Habituality or Reiteracion

a.
b.

c.

crime specified should SPI, less SPI , robbery, theft,

estafa
there be at least 3 convictions
must come within 10yrs from date of release or last
conviction of the previous crime

Recidivism
-2 convictions
-same title of the code
-no prescriptive period
-generic AC; may be offser

Habitual Delinquency
-3 convictions
-SPI, robbery, less SPI,theft
estafa
-prescriptive period 10yrs
-cannot be offset it provides
additional penalty

Quasi Recidivism
- any person who shall commit a felony after having been
convicted by final judgment, before beginning to serve such
sentence or while serving the same, shall be punished by the
max. period of the penalty prescribed by law for the new felony
- a special aggracating circumstance
a.
b.
c.
d.

(15) Advantage be taken of superior strength or

means be employed to weaken the defense
a.
there is a notorious inequality of forces bet. The
offender and offended party in terms of age, size
and strength
b.
offender took advantage of this inequality of foreces
to facilitate the crime

Reiteracion
-there has already been a
service of sentence
-at least 2 convictions

Habitual Delinquent
when a person within a period of 10yrs from the date of his
release or last conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or falsification is found
guilty of any of said crimes of a third time or oftener
- (effect: additional penalty imposed in its max. period being an
AC; but the additional penalty should not exceed 20y)

b.
c.

(14) Craft, fraud, disguise be employed

Craft intellectual trickery
Fraud-to deceive by insidious words/machinations
Disguise-to conceal his identity

accused is on trial for an offense

he previously served sentence for another crime to
which the law attached equal or greater penalty OR
for 2 or more crimes to which attaches a lighter
penalty
he is convicted of the new offense

Recidivism
-conviction by Final Judgment of
the 1st crime
-at least 2 convictions

a.

c.

first crime committed may be any crime

convicted of final judgment
commits a felony before serving out his sentence or
while serving his sentence
the second crime must be a felony

4 FORMS OF HABITUALITY
recidivism generic
reiteracion/habituality generic
habitual delinquency/multiple recidivism extraordinary aggrav
quasi recidivism special aggrav. Circumstance

(16) Treachery or alevosia

Treachery when the offender commits any of the crimes
against the person, employing means, methods or orms in the
execution which tend directly and specially to insure its
execution without risk to himself arising from the defense which
the offended party might make
a.
b.

(17) Ignominy

(18) Unlawful entry

(19) That as a means to the commission of a crime a
wall, roof , floor, door or window be broken
Unlawful entry- when an entrance is effected by a way not
intended for the purpose
(ex. broke the window and entered his hand to get the
cellphone); the breaking is not inherent in the crime of theft,
therefore it is aggravating
(20) Aid of persons under 15yo, by motor vehicles,
motorized watercraft, airships or other similar
means

(12) Committed by means of inundation, fire,

poison, explosion, stranding of a vessel or
international damage , derailment of a
locomotive or by the use of any other artifice
involving great waste and ruin
(note):
it is a means to commit the crime
it is a qualifying aggravating circ

Criminal Law Review (Book I)

Liaa Chua Notes (summary)

essence
of
treachery:
suddenness
and
unexpectedness of the act to an unexpecting and
unarmed victim who has not even the slightest
provocation
when offended is a minor, there is always treachery
because a minor is always defenseless

Ignominy a moral circumstance which adds to the injury

suffered by the victim. It is humiliation, embarrassment, moral
killing; adds moral pain & moral suffering to the victim

a qualifying aggravating circ

it should be considered both against the person who
made the offer and the person who accepted the
consideration
it must be the prime reason for the commission

offender deliberately adopted the particular means,

method or form of attack employed by him
at the time of the attack, the victim was not in a
position to defend himself

Note:

(11) In consideration of a price, reward or promise

-

time when the offender determined to commit the

crime
act manifestly indicating that the culprit has clung to
his determination
sufficient lapse of time between the determination
and execution, to allow him to reflect upon the
consequences of his acts

the use of a motor vehicle in killing is a qualifying

aggrav circ.
If used in the commission of any other crime, it is a
mere generic aggrav circ

(21) Wrong done in the commission of the crime be

deliberately augmented by causing other wrong
not necessary for its commission
a.
b.

infliction of physical pain, the offended party is still

alive
offender enjoys and delights in seeing his victim
suffer gradually by the infliction of physical pain

Ignominy
-victim suffered moral pain
-victim is either dead or alive

Cruelty
-victim suffered physical pain
-victim is alive

Page 5

RA 8294 ILLEGAL POSSESSION OF FIREARMS

-

if homicide or murder is committed with the use of

an unlicensed firearm such use shall be considered
as an aggravating circumstance
special aggrav. circumstance
the use of unlicensed firearm shall be alleged in the
information as an aggrav. Circumstance
the use of unlicensed firearm is a special aggrav
circumstance which cannot be offset by any
mitigating circumstance

RA 9165 DANGEROUS DRUGS ACT OF 2002

-

Alternative Circumstances: those which must be taken into

consideration as aggravating or mitigating acc to the nature and
effects of the crime and other conditions attending its
commission
3 Alternative Circumstances:
- relationship, intoxication and degree of instruction/education
(1)
-

Relationship
when the offender is related to the offended being
his spouse, ascendant, descendant, legitimate
natural or adopted brother or sister or relative by
affinity in the same degree

a.
b.

exempting: theft, estafa, and malicious mischief

mitigating: crimes against property & crimes
against persons when offender is of a higher degree
and the crime is less serious PI or slight PI
aggravating: against persons (not of high degree;
seroous PI)

(2)
-

Intoxication
when the offender has taken such amt of liquor of
sufficient quantity as to effect his mental capacity to
determine the consequences of his act

a.

mitigating: not habitual or subsequent to the plan

to commit a felony
aggravating: habitual and subsequent to the
commission of the crime

b.

(3) Degree of Instruction/Education

GR: low degree of education or instruction is considered as a
mitigating circumstance
EXC: if the crime is inherently evil or wrong
Aggrav: when the offender makes use of his high degree of
education to commit the crime
ABSOLUTORY CAUSES & EXTENUATING CIRCUMSTANCES
Absolutory causes
exempts but not Art 12
mistake of fact, instigation accessories in light
felonies
Extenuating circumstances
mitigates but not Art 13
infanticide in order to conceal dishonor
penalty lowered by 2 degrees
INSTIGATION VS. ENTRAPMENT
[people vs naelga]
Instigation
-mens rea originated from the
mind of the PO
-absolutory cause by reason of
public policy
-PO is liable as a principal by
inducement

Entrapment
-mens rea originated from
the minds of offender
-not absolutory cause
-PO is not criminally liable

ART. 16 PERSONS CRIMINALLY LIABLE

A.

for grave or less grave felonies

a.
principals (art 17)
b.
accomplices (art 18)
c.
accessories (art 19)

Criminal Law Review (Book I)

Liaa Chua Notes (summary)

light felonies
a.
principals
b.
accomplices

ART. 17: PRINCIPALS

(1)

principals by direct participation

those who take direct part in the execution of the act
must be present in the scene of the crime; one who
actually executed the crime

(2)
-

principals by inducement
those who directly induce or force other to commit it
need not be present in the scene of the crime but
without his inducement the crime would not be
committed

a.
b.

giving price, reward or promise

by force, command or ascendancy

(3)
-

principals by indispensable cooperation

those who cooperate in the commission of the
offense by another act without which it would not
have been accomplished
he must be at the scene of the crime bec he must
perform another act

it is considered as a qualifying aggrav circumstance

ART. 15: ALTERNATIVE CIRCUMSTANCES

c.

B.

ART. 18: ACCOMPLICES

Accomplices: those persons who not being included in Art 17
cooperate in the execution of the offense by previous or
simultaneous acts
-the act must not be indispensable
Requisites for Accomplices:
1.
community of design informed of the criminal
design and he concerns with the criminal designs
2.
performs the acts previous or simultaneous to the
commission of the crime
3.
acts performed by the principal is related to the acts
performed by the accomplices
ART. 19: ACCESSORIES
Accessories: those who having knowledge of the commission of
the crime and without having participated either as principals or
accomplices take part subsequent to its commission in any of
the ff:
1.
2.
3.

a.
b.
c.
d.

by profiting themselves or assisting the offender to

profit by the effects of the crime
concealing or destroying the body of the crime or
effects or instruments to prevent its discovery
by harboring, concealing or assisting in the escape of
the principals of the crime PROVIDED The accessory
acts with:
abuse of public function or
whenever the authority of the crime is guilty of
treason, parricide , murder or
attempt to take the life of the chief executive or
is known to be habitually guilty of some other

Note: the accessory does not know the criminal design, what he
knows is the commission of the crime.
2 elements of body of the crime:
1.
2.

proof of occurrence of a certain event

proof of persons criminal liability

PD 1612: ANTI FENCING LAW

Fence any person who with intent to gain for himself or
another shall buy receive, possess, keep, acquire, conceal , sell
or dispose of or shall buy and sell any article, item, object or
anything of value which he knows or should be known to him to
have been derived from the proceeds of the crime of robbery or
theft
Elements of Fencing:
1.
2.
3.
4.

crime of robbery or theft has been committed

person was found in possession of the said article or
items which are the proceeds of the crime
there was intent to gain for himself or for another
the person knows or it should have been known to
him that the article is the product of robbery or theft

Page 6

PD 1829: OBSTRUCTION OF JUSTICE

-if the accessory who harbored or concealed or assisted in the
escape of the principal is a private individual
-committed by any person who willfully and lawfully obstructs,
impedes, frustrates or delays the apprehension of suspects and
the investigation and prosecution of the criminal cases
ART20:ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY

PENALTIES
Penalty the punishment imposed by lawful authority upon a
person who commits an unlawful, deliberate or negligent act
[no felony shall be punishable by any penalty not prescribed by
law prior to its commission but the law cannot impose cruel and
unusual punishment as the constitution prohibits it Art21]
2 Kinds of Penalties:
1. principal prescribed by law and imposed by the court
2. accessory deemed included in the imposition of the principal
penalty

When is an accessory exempt from criminal liability:

1.
2.

crime committed is a light felony

said accessory is the spouse, ascendant, descendant,
legitimate natural and adopted brothers or sisters or
relative by affinity within the same degrees

Principal Penalties
I.
capital punishment
1.
death
II.
afflictive penalties
1.
2.
3.

COMPLEX CRIMES (ART 48)

[delicto compuesto]
-

single act constitutes 2 or more grave or less grave

felonies (compound crime) OR when an offense is a
necessary means for committing the other (complex
crime proper)
penalty: for the most serious crime applied in the
max. period
does not apply to special complex crime [those to
which the law imposes a penalty; ex robbery with
homicide]

2 Kinds of Complex Crimes:

(1)
-

COMPOUND CRIME
single act constitutes 2 or more grave or less grave
felonies
basis: singularity of act
effect: penalty of most serious charge in its max
period
if it is a light felony you cannot complex it
2 persons died double murder; a lot died multiple
murder

COMPLEX CRIME PROPER

when an offense is a necessary means for
committing the other
penalty: l ike compound crime
ex.rape with forcible abduction; estafa thru
falsification of public doc.

Elements:
a.
2 offenses are committed
b.
offenses are the necessary means to commit the
other
c.
punished with the same statute
SPECIAL COMPLEX CRIME
2 or more crimes are committed but in the eyes of
the law, only one is committed
the law provides for the crimes
robbery with homicide, kidnapping with homicide,
rape with homicide
Special Complex Crime
-law provides for the offense
-law provides for the penalty

Compound Crime
-2 or more grave/less grave
or offense necessary to
commit the other
-imposed on the max period

CONTINUING CRIME
[delicto continuado]
-

when offender is impelled by a single criminal

impulse commits a series of overt acts in abt the
same time and about the same place violating one
an the same provision of law
basis: singularity of impulse
transitory offense: the offender may be prosecuted
in any of the courts where the crime occurred

Criminal Law Review (Book I)

Liaa Chua Notes (summary)

III.

correctional penalties
1.
2.
3.
4.

IV.

Elements:
a.
offender performs a single act
b.
resulted in 2 or more less grave felonies
(2)
-

4.
5.

V.

7.

arresto menor
public censure
penalties common to the 3 preceding classes

1.
2.

4.
5.
6.

prison correctional
aresto mayor
suspension
destierro
light penalties

1.
2.

Accessory
1.
2.
3.

reclusion perpetua
reclusion temporal
perpetual
or
temporary
absolute
disqualification
perpetual or temporary special disqualification
prison mayor

fine
bond to keep the peace

Penalties
perpetual or temporary absolute disqualification
perpetual or temporary special disqualification
suspension from PO, right to vote and be voted for
the profession or calling
civil interdiction
indemnification
forfeiture or confiscation of instruments and
proceeds of the offense
payment of costs

SCALE & DURATION OF PENALTIES:

1.
death
RA 9346 (suspended death penalty); death penalty
cannot be imposed, in lieu of death penalty it shall
be RP in case of violation of RPC and life
imprisonment in case of violation of Special Penal
Laws; Persons punished with RP or those whose
sentences are reduced to RP shall NOT be eligible for
parole
2.
3.
-

reclusion perpetua
20y & 1d to 40y
the only indivisible penalty

4.
-

prison mayor
6y & 1d to 12y

5.
-

prison correctional
6mos & 1d to 6y

6.
-

aresto mayor
1mo. & 1d to 6mos

7.
-

arresto menor
1day to 30days

8.
-

destierro
6mos & 1day to 6yrs
any person sentenced shall not be permitted to enter
the place designated in the sentence nor within the
radius specified which shall be not more than 250km
or 25km. from the place designated

reclusion temporal
12y & 1d to 20y

Page 7

a.
b.
c.
d.

involves deprivation of liberty

When Destierro be imposed:
death or SPI caused under exceptional circumstance
person fails to give bond for good behavior in grave
and light threats
concubines penalty for crime of concubinage
when after reducing the penalty by one or more
degree

9.

perpetual absolute disqualification

10.
-

temporary absolute disqualification

6y & 1d to 12y EXC: if it is imposed as an accessory
penalty its duration will be that of the principal

11.

suspension from public office, right to vote and

be voted for, the right to follow profession or
calling
6mos &1d EXC: if it is imposed as an accessory
penalty its duration will be that of the principal

Preventive Imprisonment (art 29)

the incarceration undergone by a person accused of
a crime which is NOT bailable of even if bailable,
cannot afford to post bond.
When an accused has undergone preventive
imprisonment for a period equal to or more than the
possible max. imprisonment of the offense charged
to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without
prejudice to the continuation of the trial or
proceedings on appeal
The trial shall proceed even if he is released so he
could have no criminal record
The accused must have agreed to in writing to abide
by the disciplinary rules imposed on convicted
prisoners; otherwise, only 4/5 of the time during
which he has undergone preventive imprisonment
shall be deducted
It can be deducted in case of destierro
-

12.
-

public censure
indivisible; no fixed duration
principal penalty

a.
b.
c.

above P6000 afflictive

P200-P6000 correctional
Below P200 light

Fine:

Reclusion Perpetua
-imposed in violation of RPC
-duration:20y & 1d to 40y
-carries accessory penalty

Life Imprisonment
- in violation of Special Laws
-no fixed duration
-not carry any accessory

APPLICATION OF MC and AC
[pmc must first be applied before computing the penalties]
(1)
-

check if the penalty is divisible or indivisible

divisible: has 3 periods (min. med. Max.)
indivisible: (death, RP, Perpetual absolute/special
disqual. And public censure)

(2)

If there are 2 indivisible penalties (ex RP to

death)
1 MC = result in the application of lesser penalty
1 AC = greater penalty will apply
if NO mc & NO ac = lesser penalty
if 1 MC & 1 AC = offset

(3)
-

If there is a single indivisible penalty (ex RP for

piracy)
no MC / no AC to apply
PMC = reduce by 1 degree
If 2 indivisible = pmc will be lowed by 1 degree

(4)
-

If RP to death; with PMC

reduce by 1 degree [penalty is RT]

(5)
-

if divisible
no AC & no MC = medium period
1 MC = minimum period
1AC = maximum period
PMC = less 1 degree
MC & AC = offset

APPLICATION OF PENALTY
-

Principal: penalty prescribed by law

Accomplice: minus 1 degree
Accessory: minus 2 degrees

Consummated: penalty prescribed

Frustrated: minus 1 degree
Attempted: minus 2 degrees

Art 62 Rules:
AC constitutes the crime like arson and by means of
fire = no AC
Inherent element in the crime like abuse of
confidence in qualified theft = no AC
AC or MC which only affects one of the many
accused will only affect such (ex recidivist)
Circumstance which consist of material exec. Of the
act or means employed to accomplish it shall AC or
MC those who have knowledge of it at its execution

Criminal Law Review (Book I)

Liaa Chua Notes (summary)

GR: if the offender have undergone preventive

imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty
Exceptions In preventive imprisonment:
a.
Recidivist (have been previously convicted
twice or more times of any crime)
b.
When upon being summoned for the execution
of their sentence they have failed to surrender
voluntarily

Subsidiary Imprisonment (art 39)

the personal penalty prescribed by law in substitution
of the payment of fine embodied in the decision
when the same cannot be satisfied bec of the
culprits insolvency
if the accused becomes rich after the service of
subsidiary imprisonment, the state can still go after
him. It will not excuse him from paying
subject to a subsidiary personal liability at a rate of
1day for each amt equivalent to the highest min
wage rate in the Philippines during the rendition of
judgment
When subsidiary penalty cannot be imposed:
a.
judgment of court did NOT impose fine as a penalty
b.
judgment of court did not expressly state that in
case of nonpayment of fine, the convict shall suffer
subsidiary penalty
c.
penalty that goes with fine exceeds prison
correctional or higher than 6yrs
d.
principal penalty that goes with fines does not have
fixed duration
e.
what the convict thinks to pay is not fine but
damages and cost
EFFECTS OF PENALTIES OF PERPETUAL/TEMPORARY
ABSOLUTE DISQUALIFICATION (Art 30)
1.
deprivation of PO and Employment which the
offender may have held even if conferred by popular
election
2.
deprivation of right to vote in any election or to be
elected to such office
3.
disqualification for the officer or public employment
and for the exercise of any of the rights
4.
loss of all rights to retirement pay or other pension
for nay office formerly held
[in temporary disqualification par 2 & 3 shall only last during
the term of sentence]
EFFECTS OF PENALTIES OF PERPETUAL/TEMPORARY
SPECIAL DISQUALIFICATION (Art 31)
1.
deprivation of office, employment, profession or
calling affected
2.
disqualification for holding similar offices or
employments either perpetually or during the term of
sentence acc to the extent of disqualification
BOND TO KEEP THE PEACE (art 35)
duty of the person sentenced to give bond to keep
the peace to present 2 sufficient sureties who shall
undertake that such person will not commit the
offense sought to be prevented and that in case it is
committed, they will pay the amt determined by
court in the judgment or otherwise deposit such amt

Page 8

in the office of the clerk of court (different form

bond)
Bond to keep the peace
-penalty imposed by court
-Art.35

Bonds for Good Behavior

-bond imposed by one
charged
with
grave/light
threat
-Art 284

CIVIL INTERDICTION
- an accessory penalty that follows the principal penalty of
death, RP and RT
- shall deprive the offender during the time of his sentence of
the rights of parental authority or guardianship and of the right
to dispose of such property by any act or any conveyance inter
vivos.
- a person under civil interdiction can make a last will bec the
effect is mortis causa
Forfeiture and Confiscation of the proceeds/instruments
of the crime
every penalty imposed for the felony shall carry with
it forfeiture of the proceeds of the crime and
instruments or tools which it was committed
proceeds and instruments shall be confiscated and
forfeited in favor of the government UNLESS it
belongs to a third person
But if the articles are not subject of lawful commerce
shall be destroyed

(2)
-

FINES
Imposition of Fines:
1.
facts as necessary such as AC and MC
2.
wealth and means of the offender
Increasing or Reducing penalty of fine
-increased or reduced by 1.4 of the max amt. prescribed by law
without changing the min.
SUCCESSIVE SERVICE OF SENTENCE
shall serve it simultaneously
if cannot apply, then serve is successively
3- Fold Rule
the limitation for a successive service of sentence
shall NOT exceed three times the length of the most
severe penalty but NOT EXCEED 40yrs
MODES FOR EXTINGUISHING CRIMINAL LIABILITY
I.

TOTALLY EXTINGUISHED
1.
Death
2.
Service of sentence
3.
Amnesty
4.
Absolute pardon
5.
Prescription of the crime
6.
Prescription of the penalty
7.
Marriage of the offended woman

II.

PARTIALLY EXTINGUISHED
1.
conditional pardon
2.
commutation of the sentence
3.
good conduct allowances which the
culprit may earn while serving sentence
4.
parole
5.
probation

PECUNIARY LIABILITIES ORDER:

1.
reparation of damages caused
2.
indemnification of consequential damages
3.
fine
4.
cost of proceedings
Pecuniary Liabilities
-imposed by the court in case
of conviction but not as a penalty

Pecuniary Penalties
-imposed by the court in case
of conviction (fine & cost)

INDETERMINATE SENTENCE LAW

modifies the imposition of penalty
applied to RPC and special law
courts mandated to fix a min term of sentence and
max term of sentence
when the accused has served the minimum term, he
can be released for parole under conditions
Parole : conditional release of the offender from the correctional
institution after serving min. sentence after showing that he has
reformed (this does not extinguish criminal and civil liability)
Requisites of Parole:
1.
he must be placed in prison jail to serve an
indeterminate sentence penalty which exceeds 1
year
2.
served minimum term of sentence
3.
board of pardons and parole found that his released
is for greater interest of society
GR: ISL applies to all offenders and all Felonies

Death
-

2.
3.
4.
5.
6.
7.
8.

convicted of crime punished by death or life

imprisonment
convicted of treason, conspiracy or proposal to
commit treason
convicted of misprision of treason, rebellion, sedition
or espionage
convicted of piracy
habitual delinquents (recidivists are entitled)
estopped from confinement or evaded sentence
those who have been granted conditional pardon by
the president shall have violated the terms
those whose max. period of imprisonment does not
exceed one year

COMPUTATION OF ISL
(1)
-

violation of RPC
consider the MC or AC
get first he max. term of sentence with all the
attendant circumstances
lower it one degree ; do not consider anymore the
attendant circumstance. This applies to the sound
discretion of the court; so no attendant circumstance
shall be considered

Criminal Law Review (Book I)

Liaa Chua Notes (summary)

extinguishes criminal liability at any stage of the

proceedings ; because the moment the offender
dies, there is no one to serve the personal penalty
extinguishes civil liability when the offender dies
before the conviction by final judgment; it does not
extinguish civil liability if it is after conviction

Service of sentence
satisfaction of the penalty iposed
if it is imprisonment, it means that he has served his
sentence behind bars
if it is fine, it means that he must have paid the
amount
Amnesty
-

EXC:
1.

violation of special law

not less than the min. and shall not exceed the max
sentence prescribed by law

an act of grace from the power entrusted with the

execution of the law which DOES NOT only EXEMPT
the offender from service of penalty for the crime
but also OBLITERATES the effects of the crime
it does not only suspend the execution of sentence
but also obliterates the effects of the crime
by chief executive

Absolute pardon
act of grace received from the power entrusted with
the execution of the law which exempts the offender
from the penalty prescribed by law for the crime
committed
by chief executive
Pardon
-suspends the execution of
sentence;erases the penalty to
be imposed
-granted after conviction of
final judgment
-private act of president
-person pardoned must plead &
prove it before the courts
-can be granted to any offender
for any crime committed

Amnesty
-obliterates all effects of
crime as if no crime was
committed
-granted at any stage of
proceedings before, during or
after final judgment
-public act of president
-there must be concurrence
of congress
-generally granted to a class/
grp of persons

Page 9

-ex.erap

-ex. trillanes

Prescription of the crime

-loss or forfeiture of the right of state to prosecute an act
prohibited by alaw
-the running of the prescriptive period shall be from the time of
the commission of the crime if known; if not known, from the
discovery by the offended party
D, RP , RT 20yrs
Afflictive 15y
Correctional 10y
Arresto mayor 5y
Libel 1y
Oral defamation/slander 6mos
Prescription of the penalty
-commences from the time the convict evaded the service of his
sentence:
a.serving sentence
b.while serving sentence he escaped
-

D, RP 20yrs
Afflictive 15y
Correctional 10y
Arresto mayor 5y
Light penalties 1y

Suspension of Prescriptive period of penalty:

1.
when the offender surrenders
2.
went to a country which has no extradition treaty
with the phils
3.
convicts commits a crime before the expiration
period of prescription
4.
offender is captured
Marriage of the offended woman
applies to private crimes
seduction, abduction, acts of lasciviousness, and one
public crime which is rape
even if the offender is already behind bars
conditional pardon
act of grace received from a power entrusted with
the authority to execute the law but the pardon is
subject to strict conditions (there must be
acceptance on the part of the offender)
commutation of the sentence
the new sentence imposed shall be in lieu of the
original sentence
ex death penalty commuted to RP
good conduct allowances which the culprit may earn while
serving sentence
if the offender has been behaving properly in prison,
the director of prisons shall compute the good
conduct allowance in favor of the offender so that he
will be immediately released
Special allowance for loyalty
if the offender escaped and returned to the govt, he
shall be given credit or deduction in his sentence of
1/5 of his term
ex. if within 48hrs from announcement, he
surrendered, even if he was able to escape bec of an
earthquake then he shall be entitled to special
allowance for loyalty
CIVIL LIABILITY
every person criminally liable for a felony is also
civilly liable
par 1, 2, 3 , 5 and 6 of art 12 exempting circ. But
still civilly liable
par 4 of art 11 justifying circ but liable civilly
When Acquittal in criminal action bars recovery in civil
action
1.
if the judgment of acquittal states that the alleged
criminal acts of the offender were not committed by
him
2.
if the judgment of acquittal states that the accused is
not guilty of criminal or civil damages

3.

judgment of acquittal states the civil liability does

not arise from crime but other sources of obligations

INCLUSIONS IN CIVIL LIABILITY

1.
restitution: return of the thing itself must be made
whenever
possible
with
allowance
for
any
deterioration or diminution of value as determined by
the court
2.
reparation: the court shall determine the amt of
damage taking into consideration the price of the
thing and its sentimental value
3.
indemnification: the consequential damages such
as moral and exemplary damages and civil indemnity
EXTINGUISHMENT OF CIVIL LIABILITY
1.
pardon by the offended party
2.
other modes of extinguishing civil liability under the
civil code
PROBATION LAW [PD 968]
Probation
disposition by which a convict after conviction and
sentence is released subj to the conditions imposed
by the court under the supervision of a probation
officer
it is a privilege ; the judge can deny the application
and the denial is not appealable
Application for Probation
file before the RTC within the period to appeal
(15days) from promulgation of judgment
no application for probation shall be entertained
when the offender already appealed
Disqualification to avail of probation
1.
those whose max. term of imprisonment is more
than 6yrs
2.
those who have been convicted of subversion, crimes
against national security and public order
3.
those who have been convicted by final judgment of
a crime to which the law attaches a penalty of
imprisonment of 1mo or fine of at least P200
4.
those who have already availed of the benefit of
probation
5.
perfected an appeal from judgment of conviction
6.
convicted of drug trafficking
7.
convicted of an election offense
8.
filed a malicious report that a person is committing a
violation of Anti-money laundering law and convicted
bec of malicious filing
Exceptions to the rule that appeal prevents probation
1.
appeal is only for the purpose of reducing the
penalty (appeal to question the high penalty
imposed)
2.
under the JJWA- if the offender is a minor
Conditions imposed upon offender under probation
1.
appear before the probationary officer within 72 hrs
from receipt of order
2.
report once a month
3.
other discretionary conditions imposed by the court
Period of Probation
if penalty is imprisonment for 1yr or less period of
probation is 2yrs
in all other cases 6 yrs
if penalty is fine only with subsidiary imprisonment
the period should not be less than nor more than 2x
the total no. of days of subsidiary imprisonment
taking into acct the highest min wage rate at the
time of the rendition of judgment
Legal effect of probation: suspend the execution of the
sentence
Effect of final discharge of probation: restore the civil rights
lost or suspended by reason of conviction including the penalty
of fine BUT offender should still pay the civil indemnity to the
offended party

When Acquittal does NOT BAR recovery in civil action:

1.
reason is that acquittal based on reasonable doubt
2.
acquittal states that the liability of accused is not
criminal but civil nature

Criminal Law Review (Book I)

Liaa Chua Notes (summary)

Page 10