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CRIMINAL LAW 1

Course Outline
Book 1
1. R. A. 10159 Amending Art.
39
2. R. A. 10592 Amending
Arts. 29,
94, 97, 98 and 99
Book 2
1. R. A. 10158 Amending Art.
202
Preliminary Chapter
1. US vs Tamparon, 31 Phil
321-323
2. Tagaan vs Roa, 72 SCRA 466
3. Garcia vs CA, GR 157171,
3/14/06
4. Tavera vs Valdez, 1 Phil 468
5. US vs Soliman, 6 Phil 5
6. US vs Macasaet
7. People vs Almuete, 69 SCRA
410
8. US vs Taylor, 28 Phil 599
9. People vs Garcia, 94 Phil
814
10. US vs Abad Santos, 36 Phil
243
11. People vs Yu Hai, 99 Phil
725
12. People vs Manaba, 58 Phil
655688
13. People vs Jalmain, 83 Phil
793
14. US vs Fowler, 1 Phil 614
15. US vs Bull, 15 Phil 7
16. US vs Castro, 23 Phil 67
17. People vs Lol-lo, 43 Phil 19
18. People vs Lojo Jr., 52 Phil
390
19. US vs Viera, 1 Phil 584
20. US vs Rodriguez, 32 Phil
458
21. People vs Castillo, 76 Phil
72
22. US vs Barnes, 12 Phil 488
23. US vs Ah Chong, 15 Phil
488
24. People vs Macasilang, 22
SCRA
699
25. People vs Salazar, 106 Phil
221

26.. People vs Taneo, 58 Phil


255
27. US vs Tanedo, 15 Phil 196
28. US vs Maleza, 14 Phil 469
29. US vs Catolico, 18 Phil 504
30. People vs Pacana, 47 Phil
48
31. People vs Sia Bek Tan, 54
Phil 52
32. Soriano vs People, 88 Phil
368
33. Calderon vs People & CA,
96 Phil
216
34. People vs Oanis, 74 Phil
257
35. US vs Penalosa, 7 Phil 109
36. People vs Bayambao, 52
Phil 309
37. US vs Apego, 23 Phil 391
38. US vs Bautista, 31 Phil 308
39. People vs Gona, 51 Phil
605
40. People vs Mamasalaya, 92
Phil
639

Art. 18 Accomplice
1. People vs Barbosa, 75 OG
400
2. US vs Empeinado, 9 Phil 613
3. People vs Custodio, 47 SCRA
289
4. People vs Cajandab, 52
SCRA 161
5. People vs Templonuevo, 106
Phil
1003
6. People vs Geronimo, 53
SCRA 46
7. People vs Lingad, 98 Phil 8
8. People vs Vistido, 79 SCRA
616
9. People vs Bongo, 55 SCRA
547
10. People vs Manlangit, 75
SCRA
49
11. People vs Ramirez, 89 Phil
304
Art. 19 Accessories
Read also Obstruction of
Justice under PD
and PD
1612
(Profiting)
1. People vs Verzola, 80 SCRA
600

2. People vs Calalo, 62 Phil


932
3. US vs Galanco 11 Phil 575
4. Cristobal vs People, 84 Phil
473
5. People vs Tanchoco, 76 Phil
463
6. People vs Amajul, 111 Phil
254

penalties (ex. In the old


penalty for murder reclusion
temporal max to death)
d. Compound when two
penalties are imposed such as
arresto mayor and a fine
e. Multiple when two or
more penalties for two or more
felonies is imposed (Art. 70)

(Concealing the body or


effects of the crime)
1. People vs Saladino, 89 Phil
807
2. People vs Galleto, 78 Phil
820
3. US vs Cuison 20 Phil 433
4. People vs Verizola 80 SCRA
600
5. People vs Bangug, 52 Phil
87

Penalties are classified as


principal and accessory,
and maybe divisible and
indivisible.

(Harboring or Assisting in
the escape of principal of
the crime)
1. US vs Yacat, 1 Phil 443
2. People vs Talingdan, 84
SCRA 19
3. US vs Romulo, 15 Phil 408
4. US vs Callapag 21 Phil 162
Art. 20 Accessories
Exempted from Criminal
Liability
1. US vs Deuda, 14 Phil 595
Art. 21 Penalties
1. People vs Mape
2. Theories justifying penalty
a. Prevention
b. Reformation
c. Exemplarity
d. Self Defense
e. Justice
3. People vs Ducusin 59 Phil
109
4. People vs Carillo, 85 Phil
611
5. People vs Molo, 88 SCRA 22
Penalties maybe any of the
ff.:
a. Single Reclusion Temporal
for Homicide
b. Alleviation Imprisonment
or fine
c. Complex when penalty is
composed of three distinct

6. People vs Yam Tung Way, 21


Phil
67
7. People vs Carballo, 62 Phil
651
8. People vs Hon. Purisima, 69
SCRA
347
Art. 22 Retroactive effect
of Penal Laws
1. Magtoto vs Manguerra, 63
SCRA 4
2. People vs Licera, 65 SCRA
270
3. People vs Martin Simon y
Sunga
4. People vs Alcaraz, 56 Phil
520
5. Escalante vs Santos, 56 Phil
48
6. Gumabon vs Director of
Prisons,
37 SCRA 420
7. People vs Capinlac, 64 Phil
442
8. Tavera vs Valdez, 1 Phil 468
9. Lagrimas vs Director of
Prisons,
57 Phil 247
10. People vs Mission, 87 Phil
641
Art. 23 Effect of Pardon
by the Offended Party
1. People vs Miranda, 57 Phil
274
2. People vs Infante, 57 Phil
138
3. Balite vs People, 18 SCRA
280
4. People vs Madarang, 31
SCRA 148

5. People vs Benitez, 103 Phil


920
6. People vs Ongtoco, 4 Phil
144
7. Javier vs People, 70 Phil 550
Art. 24 Measures of
Prevention or Safety which
are not considered
penalties
a.
Arrest
and
Temporary
Detention and detention of
insane
persons
or
imbecile/and or illness
b. Confinement of Minors at
Bahay Pagasa
c. Suspension of Public Officers
during trial or for the purpose
of instituting proceedings
d.
Administrative
fines
imposed by superiors
e. Deprivation of rights and xx
which the civil law may
establish
1. Baking vs
Prisons,
28 SCRA 850

Director

of

Art. 25 Penalties which


may be imposed
Capital
Afflictive
Correctional
Accessory
1. de Peralta vs Campos Jr., 61
SCRA 206
2. People vs Mobe, 81 Phil 58
3. People vs Bersalona, 1 SCRA
1110
4. People vs Tuazon, 116 Phil
556
5. People vs Doria, 55 SCRA
435
6. People vs Satorre, 74 SCRA
106
7. Samson vs CA, 103 Phil 277
8. Dalao vs Geronimo, 92 Phil
1042
9. People vs Canson, 101 Phil
537
10. People vs Abellera, 69 Phil
623
11. Gomez vs Concepcion, 47
Phil
717

12. People vs Meneses, 74 Phil


119
Art. 26 Fine-when
afflictive, correctional or
light penalty
1. People
153
2. People
Phil
200
3. People
725
4. People
57

vs Ignacio, 13 SCRA
vs Crisostomo, 116
vs Yu Hai, 99 Phil
vs Basalo, 101 Phil

Art. 27 Reclusion
Perpetua, Reclusion
Temporal, etc.
1. People vs Gonzales, 58
SCRA 56
2. People vs Ortiz, 103 Phil 944
3. People vs Dela Cruz, 85
SCRA
285
Art. 28 Computation of
Penalties
In Prison if convicted when
judgment become final
Not in Prison if penalty is
imprisonment from the date
accused is placed at the
disposal of authorities
In other cases, from the day
the accused commenced and
serve the sentence.
1. Baking vs Director of
Prisons, 87
Phil 157
2. People vs Enriquez, 107 Phil
201
3. Mabuhay Insurance and
Guaranty
Inc. vs. CA, 32 SCRA 245
4. Alvarado vs. Director of
Prisons,
87 Phil 157
5. Flores vs Dalisay Sr., 84
SCRA 46
6. Wagan vs Tiangco, 72 SCRA
294
Art. 29 Amended by RA
10592

ART. 29. Period of preventive


imprisonment deducted from
term
of
imprisonment.
Offenders or accused who
have undergone preventive
imprisonment shall be credited
in the service of their sentence
consisting of deprivation of
liberty, with the full time
during
which
they
have
undergone
preventive
imprisonment if the detention
prisoner agrees voluntarily in
writing after being informed of
the effects thereof and with
the assistance of counsel to
abide by the same disciplinary
rules imposed upon convicted
prisoners,
except
in
the
following cases:
1. When they are recidivists,
or
have
been
convicted
previously twice or more times
of any crime; and
2.
When
upon
being
summoned for the execution
of their sentence they have
failed to surrender voluntarily.
If the detention prisoner does
not agree to abide by the
same
disciplinary
rules
imposed
upon
convicted
prisoners, he shall do so in
writing with the assistance of a
counsel and shall be credited
in the service of his sentence
with four-fifths of the time
during
which
he
has
undergone
preventive
imprisonment.
Credit
for
preventive
imprisonment for the penalty
of reclusion perpetua shall be
deducted from thirty (30)
years.
Whenever an accused has
undergone
preventive
imprisonment for a period
equal
to
the
possible
maximum 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
thereof or the proceeding on
appeal, if the same is under
review.
Computation
of
preventive imprisonment for
purposes of immediate release
under this paragraph shall be
the actual period of detention
with
good
conduct
time
allowance: Provided,
however, That if the accused is
absent
without
justifiable
cause at any stage of the trial,
the
court
may motu
proprio order the rearrest of
the
accused: Provided,
finally, That
recidivists,
habitual delinquents, escapees
and persons charged with
heinous crimes are excluded
from the coverage of this Act.
In case the maximum penalty
to which the accused may be
sentenced is lestierro, he shall
be released after thirty (30)
days
of
preventive
imprisonment.
1. People vs Diaz, 55 SCRA
178
2. People vs Abanes, 73 SCRA
44
3. People vs Herila, 51 SCRA
31
4. People vs Velez, 58 SCRA 21
5. People vs Lingao, 75 SCRA
130
6. People vs Lava, 28 SCRA 72
7. US vs Ortencio, 38 Phil 341
8. People vs Batasa, 88 SCRA
184
9. People vs Magonawal, 63
SCRA
106
10. US vs Carmen, 13 Phil 455

Art. 30 Effects of the


Penalties of perpetual or
temporary absolute
disqualification
1. Lacuna vs Abes, 24 SCRA
780
Art. 31 Effects of the
Penalties of perpetual or
temporary special
disqualification
1. People vs Angco, 103 Phil
33
Art. 32 Effects of the
Penalties of perpetual or
temporary special
disqualification for the
exercise of the right of
suffrage
1. Lacuna vs Abes, 24 SCRA
780
2. People vs Corral, 62 Phil 954
Art. 33 Effects of
Suspension from Public
Office, profession or
calling and exercise of the
right to suffrage
Art. 34 Civil Interdiction
Art. 35 Effects of Bond
to Keep the Peace
a. It is a bond that is imposed
as a penalty for threats (Art.
284)
b. If an accused fails to give
the bond, and is charged of
grave or less grave felony, the
accused shall be detained for
a period of not less than 6
months. If for a light felony, 30
days of detention.
Art. 36 Pardon, its
effects
This is a pardon given by the
Chief
Executive
or
the
President.
1. Cristobal vs Labrador, 71
Phil 34
2. Pelobello vs Palatino, 72 Phil
441

3. Lacuna vs Abes, 24 SCRA


780
Art. 37 Costs, what are
included
a. Fees
b. Indemnities in the course of
judicial proceedings whether
they be fixed or unalterable
amount or amount subject to
schedule
Art. 38 Pecuniary
Liabilities Order of
Payment
a. Reparation of damages
caused
b. Indemnification of cause
quested damages
c. Fine
d. Cost of Proceedings
1. People vs Lagrimas 29 SCRA
153
Art. 39 As amended by 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,
subject to the following rules:
1. If the principal penalty
imposed
be prision
correctional or arresto and
fine, he shall remain under
confinement until his fine
referred in the preceding
paragraph is satisfied, but his
subsidiary imprisonment shall
not exceed one-third of the
term of the sentence, and in
no case shall it continue for
more than one year, and no
fraction or part of a day shall
be
counted
against
the
prisoner.

2. When the principal penalty


imposed be only a fine, the
subsidiary imprisonment shall
not exceed six months, if the
culprit
shall
have
been
prosecuted for a grave or less
grave felony, and shall not
exceed fifteen days, if for a
fight felony.
3. When the principal penalty
imposed is higher than prision
correctional, no
subsidiary
imprisonment
shall
be
imposed upon the culprit.
4. If the principal penalty
imposed is not to be executed
by confinement in a penal
institution, but such penalty is
of fixed duration, the convict,
during the period of time
established in the preceding
rules, shall continue to suffer
the same deprivations as
those of which the principal
penalty consists.
5. The subsidiary personal
liability which the convict may
have suffered by reason of his
insolvency shall not relieve
him from the fine in case his
financial circumstances should
improve.

Phil 1043
8. People vs Concepcion, 59
Phil 518
9. Rosares
Prisons, 85

vs

Director

of

Phil 730
10. People vs Doria, 55 SCRA
435
11. People vs Palileo, 22 SCRA
995
12. People vs Tan, 51 Phil 71
13. People vs Arnault, 92 Phil
252
14. People vs Portuguesa, 20
SCRA
901

Art. 40 Death Its


Accessory Penalty

Read RA 9643
1. Ramos vs Gonong, 72 SCRA
559
2. People vs Subido, 66 SCRA
545
3. People vs NgoChay, 73 Phil
418
4. People vs Canson, 101 Phil
537
5. People vs Aquino, 99 Phil
1059
6. Bagtas
Prisons, 84

vs

Director

of

Phil 892
7. Taledo vs. Superintendent,
110

Art. 41 Reclusion
Perpetua and Reclusion
Temporal - their accessory
penalty
1. People vs Astrologo, 88 Phil
423
2. People vs Abletes, 58 SCRA
241
3. People vs Pelones, 84 SCRA
167

Art. 43 Prision
Correctional its accessory
penalties
Perpetual
special
disqualification from right of
suffrage of maximum penalty
exceeds
18
months
of
imprisonment
1. Calo Jr. vs Tapucar, 88 SCRA
78
Art. 44 Arresto Its
Accessory Penalties
1. Pendon vs Diasnes, 91 Phil
848
2. People vs Fajardo, 49 Phil
206
3. People vs Caldito, 72 Phil
263
Art. 45 Confiscation and
forfeiture of the proceeds
or instruments of the crime
1. US vs Filart, 30 Phil 80
2. Villaruiz vs CA, 71 Phil 72
3. US vs Bruchez, 28 Phil 305
4. Commissioner of Customs
vs
Encarnacion, 95 Phil 439
5. People vs Sanchez, 101 Phil
745
SECTION 1 OF CHAPTER IV
Rules for the Application of
Penalties to persons
criminally liable and for the
production of the same
Art. 46 Penalty to be
imposed upon principals in
general
1. People vs Silo, 99 Phil 216
Art. 47 Repealed when
death penalty shall not be
imposed

Art. 42 Prision Mayor Its


Accessory Penalties

Art. 48 Penalty for


Complex Crime

1. Lacuna vs Abes, 24 SCRA


780

Plurality of Crimes
1. Gamboa vs CA, 68 SCRA
308
2. People vs Pineda, 20 SCRA
748

3. People vs Fernandez, 99 Phil


515
4. People vs Peralta, 25 SCRA
751
____ of one single act
constituting two or more
grave or less grave offense