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Criminal Law Reviewer (Art.

1-113)

This maxim is not an absolute one because it is not applied to culpable


felonies, or those that result from negligence.

Criminal Law is that branch of public substantive law which


defines offenses and prescribes their penalties. It is also that branch
of municipal law, which defines crimes, treats of their nature and
provides for their punishment.

Mens Rea in laymans terms: bulls-eye of a crime. Synonymous


with criminal or deliberate intent, but that is not correct. It still
depends on the elements of the crime. You can only detect the mens
rea of a crime by knowing the particular crime committed. Without
reference to a particular crime, this term is meaningless.
Ex. In theft, mens rea is taking the property with intent to gain. In
falsification, mens rea, is the effect of the forgery with intent to pervert
the truth.

3 Characteristics of Criminal Law:


Generality - means that the criminal law of the country governs all
persons within the country regardless of their race, belief, sex, or
creed. However, it is subject to certain exceptions brought about by
international agreement. Ambassadors, chiefs of states and other
diplomatic officials are immune from the application of penal laws
when they are in the country where they are assigned. (Hindi kasama
dito ang diplomats, etc.)
Territoriality - means that the penal laws of the country have force
and effect only within its territory. It cannot penalize crimes
committed outside the same. This is subject to certain exceptions
brought about by international agreements and practice. The territory
of the country is not limited to the land where its sovereignty resides
but includes also its maritime and interior waters as well as its
atmosphere. (kasama lahat dito!)
Terrestrial: jurisdiction exercised over the land
Fluvial: jurisdiction over maritime and interior waters (3-5 nautical
miles from the shore, sakop pa rin natin)
Aerial: jurisdiction over the atmosphere (airspace natin)

Mala in se:
Which literally means, that the act is inherently evil or bad or per se
wrongful.
These are punishable by our RPC.
The intent is crucial.
Mala prohibita(um):
These are violations of special laws.
Example is possession of drugs (punishable by Special Laws), ito yung
kahit hindi mo gagamitin or ibebenta, the mere fact na nasa
pagmamay-ari mo ito, bawal pa rin!
Felony: these are acts or omissions as defined by Article 3 of the RPC.
They may be differentiated by dolo (deceit) which is intentional, and
culpa (fault) which is imprudence, negligence, lack of skill or
foresight.
Offense: are crimes punished under a special law is called as statutory
offense.

Prospectivity - Acts or omissions will only be subject to a penal law


if they are committed after a penal law had already taken effect.
Vice-versa, this act or omission which has been committed before the
effectivity of a penal law could not be penalized by such penal law
because penal laws operate only prospectively.

Misdemeanor: a minor infraction of the law, such as a violation of an


ordinance, is referred to as a misdemeanor.

French Rule
The French Rule provides that the nationality of the vessel follows
the flag which the vessel flies, unless the crime committed endangers
the national security of a foreign country where the vessel is within
jurisdiction in which case such foreign country will never lose
jurisdiction over such vessel.

Mistake of Fact:
When the offender acted out of a mistake of fact, criminal intent is
negated, so do not presume that the act was done with criminal intent.
This is absolutory if crime involved dolo.

American Rule / Anglo-Saxon Rule


This rule strictly enforces the territoriality of criminal law. The law
of the foreign country where a foreign vessel is within its jurisdiction
is strictly applied, except if the crime affects only the internal
management of the vessel in which case it is subject to the penal law
of the country where it is registered.

Criminal Intent
Freedom of action
Intelligence

Nullum crimen, nulla poena sine lege There is no crime when


there is no law punishing the same.
This is true to civil law countries, but not to common law countries.
No matter how wrongful, evil or bad the act is, if there is no law
defining the act, the same is not considered a crime.
Common law crimes are wrongful acts which the community/society
condemns as contemptible, even though there is no law declaring the
act criminal.
Not any law punishing an act or omission may be valid as a criminal
law. If the law punishing an act is ambiguous, it is null and void.
Actus non facit reum, nisi mens sit rea The act cannot be
criminal where the mind is not criminal.
This is true to a felony characterized by dolo, but not a felony
resulting from culpa.

Crime: whether the wrongdoing is punished under the Revised Penal


Code or under a special law, the generic word crime can be used.

Dolo has three requisites:

Culpa has three requisites as well:


criminal negligence on the part of the offender , that is, the crime was
the result of negligence, reckless imprudence, lack of foresight or lack
of skill;
freedom of action on the part of the offender, that is, he was not acting
under duress; and
Intelligence on the part of the offender in performing the negligent act.
Distinction between Dolo and Culpa:
Dolo, has criminal intent, and culpa has criminal negligence.
Criminal Intent has 2 categories:
General Criminal Intent: presumed from the mere doing of a wrong
act. This does not require proof.
Special Criminal Intent: not presumed because it is an ingredient or
element of a crime, like intent to kill in the crimes of attempted or
frustrated homicide /parricide /murder. The prosecution has the
burden of proving the same.

May a crime be committed without criminal intent?


Yes. It is not necessary between these areas:
When the crime was committed was a product of culpa or negligence,
reckless imprudence, lack of foresight or skill;
When the crime is a prohibited act under a special law or what is
called mala prohibita(um)
Distinction between intent and discernment:
Intent is the determination to do a certain thing, an aim or purpose of
the mind. On the other hand, discernment is the mental capacity to
tell right from wrong.
Distinction between intent and motive:
Intent is demonstrated by the use of a particular means to bring about
a desired result it is not a state of mind or a reason for committing a
crime. On the other hand, motive implies motion. It is the moving
power which impels one to do an act.
Distinction between negligence and imprudence:
(1)
In negligence, there is deficiency of action;

Article 4, Paragraph 2 this refers to a situation where the wrongful


act did not constitute any felony, but because the act would have given
rise to a crime against persons or against property, the same is
penalized to repress criminal tendencies to curtail their frequency.
Article 5 of the RPC covers two (2) instances:
The court cannot convict the accused because the acts do not constitute
a crime. The proper judgment is acquittal, but the court is mandated to
report to the Chief Executive that said act be made subject of penal
legislation and why. Ex. There is no crime committed, thus resulting in
the persons freedom/acquittal. (best example from CSI: Miami, when
a guy was convicted of shooting a man, but since there was no GSR
(gunshot residue) found on him, evidence showed otherwise, thus
acquitting him.)
Where the court finds the penalty prescribed for the crime too harsh
considering the conditions surrounding the commission of the crime,
the judge should impose the law. The most that he could do is to
recommend to the Chief Executive to grant executive clemency. Ex. In
the case of complex crimes, although the punishment be given be the
highest level of punishment, they recommend to the President that the
prisoner be granted pardon or clemency (best example when Michael
Scofields brother Linc was pardoned by the President)

In imprudence, there is deficiency of perception.


Criminal Liability:
This shall be incurred upon the person on the act of a crime (gumawa
ng krimen), whether:
Error in personae mistake in identity (wrong person) Ex. A wanted
to kill B, but kill C instead, this is considered as mistake in identity.
Abberatio ictus mistake in blow (wrong shot; bullet went the other
way etc.) Ex. A shot B, but instead, the bullet ricocheted (bounced
off) from the wall and hit C. (best example from CSI: Las Vegas
where a guy in avoiding an incoming blow and someone got hit
instead and that fellow died of injuries to the head hours later.)
Praeter intentionem where the consequence exceeded the intention.
Ex. A dropped a pail of water on Bs head, his intention was just a
joke and getting B wet. But instead of getting wet, B died due to
hemorrhage to the skull suffered from the injuries. (another best
example in CSI: New York, where a sorority member inserted a
canister on an inhaler of a sister sorority to set the mood (the said
canister was said to heighten sexual appetite) not knowing of her
previous condition (which was asthma) which collided and thus
killing her instead of setting mood, she died of orgasm.)
Proximate cause:
Article 4, Paragraph 1, presupposes that the act done was a proximate
cause. It must be:
Direct
Natural
Logical consequence of the felonious act
Impossible Crime:
Is an act which would be an offense against person or property were
it not for the inherent impossibility of its accomplishment or on
account of the employment of inadequate or ineffectual means.
Ex. A houseboy on the intention of raping his beautiful master went
upstairs unlocked the door and proceeded to rape her without
knowing that she was dead to begin with. An impossible crime was
committed.
Article 4, Paragraph 1 this refers to the wrongful act done
constituted a felony, although it might be different from what he
intended. Ex. In saving Ds life from imminent danger of being hit by
an oncoming truck, A yanked him out and set him aside. Not realizing
that there were snakes or spikes where he shoved him thus resulting
in his death.

Stages in committing a felony:


As emphasized on Article 6, the following are the stages:
Attempted the crime was commenced first, but only injuries were
sustained.
Frustrated the crime that happened was in progress to 75% of the
event, believing that the victim was already dead, the killer fled the
scene not knowing that the victim still had a pulse and survived
because the victim was brought to the hospital where he was saved.
Consummated total death for the victim killed or murdered.
Note that there is no frustrated rape only consummated, no matter how
the penetration happened, it was still consummated.
There is no frustrated robbery, only desistance, meaning the person
about to rob the store was overcome by guilt and changed his mind
later.
There is no frustrated or attempted oral defamation, it is always in the
consummated stage.
Formal Crimes are crimes which are consummated in one instance.
The difference between attempted and frustrated stage lies on whether
the offender has performed all the acts or execution for the
accomplishment of the crime.
Literally, under the article 6, if the offender has performed all the acts
of execution which should produce the felony as a consequence but the
felony was not realized, then the crime is already in the frustrated
stage. If the offender has not yet performed all the acts of execution
there is yet something to be performed but he was not able to
perform all the acts of execution due to some cause or accident other
than his own spontaneous desistance, then you have an attempted
felony.
Desistance:
On the part of the offender negates criminal liability in the attempted
stage. Desistance is true only in the attempted stage of the felony. If
under the definition of the felony, the act done is already in the
frustrated stage, no amount of desistance will negate criminal liability.
Whether the felony is attempted, frustrated or consummated, here are
the following criteria involved:
The manner of committing the crime;
The elements of the crime; and
The nature of the crime itself

Manner of committing a crime


Ex. Bribery. Can the crime of frustrated bribery be committed? No.
It usually takes 2 to tango. Meaning there is a principal and an
accomplice. And 2 people to take part in the crime. As mentioned
earlier there is no such thing as frustrated rape. In rape, it requires the
connection of the offender and the offended party. No penetration at
all, there is only an attempted stage. Slightest penetration or slightest
connection, consummated. You will notice this from the nature of the
crime requiring two participants.
On physical injuries
In order that in law, a deformity can be said to exist, three factors
must concur:
(1)

The injury should bring about the ugliness;

(2)

The ugliness must be visible;

The ugliness would not disappear through natural healing process.


Elements of a crime:
Element of intent to damage
The damage inflicted
Intent to gain
Nature of crime:
Grave
Light
Conspiracy and proposal to commit felon
For conspiracy to exist:
There is an agreement
The participants acted in concert or simultaneously which is
indicative of a meeting of the minds towards a common criminal goal
or criminal objective. When several offenders act in a synchronized,
coordinated manner, the fact that their acts complimented each other
is indicative of the meeting of the minds. There is an implied
agreement.
Two (2) kinds of conspiracy:
Conspiracy as a crime more of national security (like coup detat)
Conspiracy as a manner of incurring criminal liability following an
attack, the 2 offenders conspired to get back at the person who
attacked them thus resulting in his death.
Proposal to commit murder is not a crime. But if B accepts the
proposal, there will be conspiracy to commit murder which is a crime
under the Revised Penal Code.
When the conspiracy is only a basis of incurring criminal liability,
there must be an overt act done before the co-conspirators become
criminally liable. When the conspiracy itself is a crime, this cannot
be inferred or deduced because there is no overt act. All that there is
the agreement. On the other hand, if the co-conspirator or any of
them would execute an overt act, the crime would no longer be the
conspiracy but the overt act itself.
Composite crimes are crimes which, in substance, consist of more
than one crime but in the eyes of the law, there is only one crime. Ex.
Crimes with robbery with rape, robbery with homicide, robbery with
physical injuries.
Complex crimes are crimes which in sum, consist of a mixture of
two crimes, but the penalty that will be imposed shall be the one with
the graver offense.

Classifications of felonies:
According to the manner of their commission. Under Article 3, they
are classified as, intentional felonies or those committed with
deliberate intent; and culpable felonies or those resulting from
negligence, reckless imprudence, lack of foresight or lack of skill.
According to the stages of their execution. Under Article 6., felonies
are classified as attempted felony when the offender commences the
commission of a felony directly by overt acts, and does not perform all
the acts of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous desistance;
frustrated felony when the offender commences the commission of a
felony as a consequence but which would produce the felony as a
consequence but which nevertheless do not produce the felony by
reason of causes independent of the perpetrator; and, consummated
felony when all the elements necessary for its execution are present.
According to their gravity. Under Article 9, felonies are classified as
grave felonies or those to which attaches the capital punishment or
penalties which in any of their periods are afflictive; less grave
felonies or those to which the law punishes with penalties which in
their maximum period was correccional; and light felonies or those
infractions of law for the commission of which the penalty is arresto
menor.
There are five (5) circumstances affecting criminal liability:
Justifying circumstances
Exempting circumstances
Mitigating Circumstances
Aggravating Circumstances
Alternative Circumstances
There are 2 others found elsewhere in the provision of the RPC:
Absolutory cause
Extenuating circumstances
Absolutory cause: The effect of this is to absolve the offender from
criminal liability, although not from civil liability. It has the same
effect as an exempting circumstance, but you do not call it as such in
order not to confuse it with the circumstances under Article 12. It has
the effect of an exempting circumstance and they are predicated on
lack of voluntariness like instigation. Instigation is associated with
criminal intent.
Difference between instigation and entrapment
In instigation, the criminal plan or design exists in the mind of the law
enforcer with whom the person instigated cooperated so it is said that
the person instigated is acting only as a mere instrument or tool of the
law enforcer in the performance of his duties.
On the other hand, in entrapment, a criminal design is already in the
mind of the person entrapped. It did not emanate from the mind of the
law enforcer entrapping him. Entrapment involves only ways and
means which are laid down or resorted to facilitate the apprehension of
the culprit.
Extenuating circumstance
The effect of this is to mitigate the criminal liability of the offender. In
other words, this has the same effect as mitigating circumstances, only
you do not call it mitigating because this is not found in Article 13.
Distinction between Justifying and Exempting Circumstances:
Justifying Circumstances:
The circumstance affects the act, not the actor;
The act complained of is considered to have been done within the
bounds of law; hence, it is legitimate and lawful in the eyes of the law;

Since the act is considered lawful, there is no crime, and because


there is no crime, there is no criminal;
Since there is no crime or criminal, there is no criminal liability as
well as civil liability
Exempting Circumstances:
The circumstances affect the actor, not the act;
The act complained of is actually wrongful, but the actor acted
without voluntariness. He is a mere tool or instrument of the crime;
Since the act complained of is actually wrongful, there is a crime.
But because the actor acted without voluntariness, there is absence of
dolo or culpa. There is no criminal;
Since there is a crime committed but there is no criminal, there is
civil liability for the wrong done. But there is no criminal liability.
However, in paragraphs 4 and 7 of Article 12, there is neither
criminal nor civil liability.
Justifying Circumstances:
Since the justifying circumstances are in the nature of defensive acts,
there must be always unlawful aggression. The reasonableness of the
means employed depends on the gravity of the aggression. If the
unlawful aggressor was killed, this can only be justified if it was done
to save the life of the person defending or the person being defended.
The equation is life was taken to save life.
Self defense:
It is the element of unlawful aggression that is in issue. Never
confuse unlawful aggression with provocation. Mere provocation is
not enough.
Defense of property rights
This can only be invoked if the life and limb of the person making the
defense is also the subject of unlawful aggression. Life cannot be
equal to property.
Defense of stranger
If the person being defended is already a second cousin, you do not
invoke defense of relative anymore. It will be defense of stranger.
This is vital because if the person making the defense acted out or
revenge, resentment or some evil motive in killing the aggressor, he
cannot invoke the justifying circumstance if the relative defended is
already a stranger in the eyes of the law. On the other hand, if the
relative defended is still within the coverage of defense of relative,
even though he acted out of some evil motive, it would still apply. It
is enough that there was unlawful aggression against the relative
defended, and that the person defending did not contribute to the
unlawful aggression.
Incomplete self-defense or incomplete justifying circumstance or
incomplete exempting circumstances
When you say incomplete justifying circumstance, it means that not
all the requisites to justify the act are present or not the requisites to
exempt from criminal liability are present.
First, to have incomplete self-defense, the offended party must be
guilty of unlawful aggression. Without this, there can be no
incomplete self-defense, defense of relative, or defense of stranger.
Second, if only the element of unlawful aggression is present, the
other requisites being absent, the offender shall be given only the
benefit of an ordinary mitigating circumstance.
Third, if aside from the element of unlawful aggression another
requisite, but not all, are present, the offender shall be given the
benefit of a privileged mitigating circumstance. In such a case, the
imposable penalty shall be reduced by one or two degrees depending
upon how the court regards the importance of the requisites present.
Or absent.

State of necessity this is the commission of a crime to avoid an


imminent and clear present danger.
Fulfillment of duty this is the commission of the crime in line of
duty, and there are 2 conditions:
The felony was committed while the offender was in the fulfillment of
a duty or in the lawful exercise of a right or office; and
The resulting felony is the unavoidable consequence of the due
fulfillment of the duty or the lawful exercise of the right or office
Exempting Circumstances:
The reason for the exemption lies on the involuntariness of the act
one or some of the ingredients of voluntariness such as criminal intent,
intelligence, or freedom of action on the part of the offender is
missing.
This includes:
Imbecility and insanity take note on the grounds of insanity the
accused acted with complete deprivation of intelligence in committing
the crime and test of volition, whether the accused acted in total
deprivation of freedom of will.
Minority
Damnum absque injuria the offender is exempt from criminal
liability but of civil liability as well.
Mitigating Circumstances:
These are accompanying or accessory condition, event, or fact that
(though not constituting a justification or excuse of an offense) may be
considered by the courts as reducing the degree of culpability or
liability of the accused. Such circumstances may include family or
personal situations, and may help in attracting a sentence less severe
than a typical sentence for similar offenses.
There are two distinctions: ordinary and privileged.
As to the nature of the circumstances, ordinary mitigating
circumstance can be offset by aggravating circumstances, while
privileged can never be offset.
As to effect, ordinary, if not offset will operate to reduce the penalty to
a minimum period, provided the penalty is a divisible one (negotiable.
Meaning if you hear the words of an officer Man 1, but because of the
offenders confession and divulging of other vital information, Man 1
with reduced sentence of up to 5 years with probation). With
privileged, it operates to reduce the penalty by one or two degree,
depending on what the law provides.
Sufficient threat or provocation:
This is mitigating only if the crime was committed on the very person
who made the threat or provocation. The common set-up given in a
bar problem is that of provocation was given by somebody. The
person provoked cannot retaliate against him; thus, the person
provoked retaliated on a younger brother or on an elder father.
Although in fact, there is sufficient provocation, it is not mitigating
because the one who gives the provocation is not the one against
whom the crime was committed.
Diminished self control has two criteria:
Time has lapsed after the provocation was initially given (ex. A guy
was insulted at this moment, and retaliated back after 24 hours. Giving
him enough time to think of his actions)
If there is that time element and at the same time, facts are given
indicating that at the time the offender committed the crime, he is still
suffering from outrage of the threat or provocation done to him, then
he will still get the benefit of this mitigating circumstance.
Vindication of a grave offense, the vindication need not be done by the
person upon whom the grave offense was committed.

Passion or obfuscation this stands on the premise or proposition


that the offender is suffering from a diminished self-control because
of passion or obfuscation. Passion must be legitimate.
This occurs when an assault on spouse or loved one is prominent, and
because of a jealous outbreak you end up killing the person assaulting
your spouse or loved-one.
Physical defect is another mitigating circumstance. Regardless of any
physical defect a person may still commit a crime as the other parts
of the body are fully functioning and could still commence the crime.
Blind, and invalid are not exempted. Some parts of their body are still
working.
Aggravating Circumstances:
Circumstances that increase the seriousness or outrageousness of a
given crime, and that in turn increase the wrongdoer's penalty or
punishment.
These are the kinds of aggravating circumstances:
Generic or those that can generally apply to all crime;
Specific or those that apply only to a particular crime
Qualifying or those that change that change the nature of the crime
Inherent or those that must of necessity accompany the commission
of the crime
Distinctions between Aggravating and Qualifying circumstances
In aggravating:
The circumstance could be offset by a mitigating circumstance,
No need to allege this circumstance in the information, as long as it is
proven during trial. If it is proved during trial, the court would
consider the same in imposing the penalty;
It is not an ingredient of a crime. It only affects the penalty to be
imposed but the crime remains the same
In qualifying circumstances:
The circumstance affects the nature of the crime itself such that the
offender shall be liable for a more serious crime. The circumstance is
actually an ingredient of the crime
Being an ingredient of the crime, it cannot be offset by any mitigating
circumstance
Qualifying circumstances to be appreciated as such must be
specifically alleged in the complaint or information. If not alleged but
proven during the trial, it will be considered only as generic
aggravating circumstance. If this happens, they are susceptible of
being offset by a mitigating circumstance
Aggravating circumstances includes:
Taking advantage of public position this means you use public
office as a medium to commence a crime thinking that you wouldnt
be convicted (well guess again!)
Disrespect due to age, rank and sex this refers to old, young and for
the sex, its the female
Abuse of confidence this is not mere betrayal of trust just because
in example you left your daughter in the trust of a neighbor and your
neighbor rapes your daughter. That is not aggravating, what is
aggravating if it was done to you.
Dwelling this refers to house, regardless if its yours or not!
Band obviously this refers to more than 3 people! It would be bad
enough as it is if one person kills you, but a group? (hello! Common
sense!)
Uninhabited place this refers to an area far away from civilization,
if this is you, it would be so unfair as the criminal intends that you
wont be saved, this is considered as aggravating.
Nighttime you are rendered defenseless at this point in moment in
time. You are sleeping, so killing you while sleeping aggravates the
whole thing!

Treachery violation of allegiance or faith. You create this once your


allegiance/loyalty to someone is destroyed.
Evident premeditation it means you planned this all along!!!
Breaking and entering is included as well!
If you ask the aid of people below 15 years of age, the crime gets
aggravated! (best example CSI: Miami, when an offender asked the aid
of Horatios son Kyle who at the time of the offense was 15, ranking
him as a juvenile)
Craft, disguise or fraud be used in committing a crime.
If you create an explosion, poison, stranding a vessel, fire, (all manmade accidents) these also aggravate the situation. If you use these
examples to hide your crime, then youre facing jail time for a lifetime.
If you accepted a bribe, reward or price in exchange for a
commencement of a crime, well consider these things aggravating.
Another aggravating circumstances, you kill someone and being a
show-off, you exposed the person, not only dead, but naked as well
and hung him on a tree, this is ignominy. Kumbaga sa dead, doubledead na ito!
If you use your size to get your way and in the end resulting in death,
then this is also considered as aggravating.
During natural causes of accidents like earthquake or epidemic and
you used it as a cover for your crime, this is also aggravating. (Best
example of this, CSI: Miami, a robbery took place during a tsunami
event. The robbers used a geologist to cover for them. Talk about good
research! But regardless, its still aggravating circumstances)
If you commit a crime in the executive palace, regardless of the
existence of the president or not, the grounds are still aggravating.
Especially if you shoot a gun inside a church!
If you insult a public officer, that is also an aggravating circumstance.
If you also asked the help of armed men, it also aggravates the case.
Recidivism the offender at the time of the trial shall have been
previously convicted by final judgment of another in the same title of
the RPC. Ex. A guy committed murder last 2 months ago, and now he
is being convicted of homicide.
Reiteration the offender has been punished for an offense which the
law attaches an equal greater penalty for two or more crimes to which
it attaches a lighter penalty. This time, separate titles are applicable.
Ex. Robbery with rape is a good example.
Habitual delinquency the offender within a 10-year period from the
date of release or conviction of the crimes: robbery, estafa, murder,
the third time.
Alternative Circumstance:
These offenses are against your family (relationship)
These offenses also cover the part when youre drunk (so stop
drinking!)
It doesnt care if youve finished a college degree or a simple 1 st
grader. Everyone has a tendency to become a murderer.
The following are Criminally Liable for Grave felonies:
Principals main doers of the crime
Accomplices the one who helped in the execution
Accessories one may not be there during the crime, but after you
help hide the evidence (obstruction of justice ito)
The following are Criminally Liable for Light felonies:
Principals
Accomplices
Grave felonies:
These felonies are punishable by the highest possible punishment:
lifetime imprisonment or 6-30 years. Examples are rape, murder,
robbery, treason.
Light felonies:

These felonies, are punishable by lightest punishments: arresto


menor, bail. These are commenced due to infractions and
misdemeanors.
Accessories who are exempt from Criminal Liability are your
relatives, siblings, spouses.
Punishments given for Grave Felonies:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary disqualification
Perpetual or special disqualification
Prision mayor
Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro
Light penalties
Arresto menor
Public censure
Penalties common to the three preceding classes:
Fine and
Bond to keep the peace.
Art. 21. Penalties that may be imposed. No felony shall be
punishable by any penalty not prescribed by law prior to its
commission.
: Meaning, you cannot punish anyone with any penalty if he or she
did not commit any crime, thus the legal maxim: Nullum crimen,
nulla poena sine lege - There is no crime when there is no law
punishing the same.
Ex: A man was convicted of murder, but his alibi and evidence
showed otherwise. Should the man be convicted of murder or not?
A: No, he shouldnt be.
There was no felony committed, therefore, no penalty is prescribed
by law punishing it, thus the legal maxim: Nullum crimen, nulla
poena sine lege there is no crime when there is no law punishing
the same.
In the case given, although the man was convicted of murder, the
evidence and alibi does not tie him to the crime.
Thus eliminating him of any liability for there was no crime
committed.
Art. 22. Retroactive effect of penal laws. Penal Laws shall have a
retroactive effect insofar as they favor the persons guilty of a felony,
who is not a habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the publication of
such laws a final sentence has been pronounced and the convict is
serving the same.
: With relation to Art. 4 of the Civil Code: Laws shall have no
retroactive effect unless otherwise provided, meaning, laws are
usually prospective. They never look back. Say for example, a man
committed a crime of murder, if he was sentenced for the penalty of
the death sentence, and since it was abolished, it will no longer
follow. Should it be implemented back, he is no longer covered by
such punishment.

Art. 23. Effect of pardon by the offended party. A pardon of the


offended party does not extinguish criminal action except as provided
in Article 344 of this Code; but civil liability with regard to the interest
of the injured party is extinguished by his express waiver.
: This is in connection to the pardoning of the President to the accused.
Usually in the case of rape, unless the person is forgiven by the victim,
then the offender is not pardoned. The difference between amnesty and
pardon lies between the erasure of the conviction and the crime itself.
Pardon, excuses the convict from serving the sentence.
Ex: Suppose, instead of amnesty, what was given was absolute pardon,
then years later, the offender was again captured and charged for
rebellion, he was convicted, is he a recidivist?
A: Yes, he is.
Pardon, although absolute, does not erase the effects of conviction. It
only excuses the accused from serving his sentence.
In the case at bar, the accused was awarded or given pardon, not
amnesty, which erases not only the conviction but also the crime itself.
He then commits a crime of rebellion, thereby making him a recidivist.
Art. 24. Measures of prevention or safety which are not 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.
: The abovementioned are not penalties for a crime. Rather they are
just part of due process given to an accused.
Art. 25. Penalties which may be imposed. The penalties which may
be imposed according to this Code, and their different classes, are
those included in the following:
Capital punishment: Death
Afflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual
or temporary absolute disqualification, Perpetual or temporary special
disqualification, Prision mayor.
Correctional penalties: Prision correccional, Arresto mayor,
Suspension, Destierro.
Penalties common to the three preceding classes: Fine, and Bond to
keep the peace.
Accessory Penalties:
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for, the
profession or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and proceeds of the offense
Payment of costs
: The abovementioned are penalties imposed on the criminal offenses
being committed by offenders.

Art. 26. When afflictive, correctional, or light penalty. A fine,


whether imposed as a single of as an alternative penalty, shall be
considered an afflictive penalty, if it exceeds 6,000 pesos; a
correctional penalty, if it does not exceed 6,000 pesos but is not less
than 200 pesos; and a light penalty if it less than 200 pesos.
: This means you could just pay for bail, if what you committed did
not meet the penalties mentioned in the preceding article.
Art. 27. Reclusion perpetua. Any person sentence to any of the
perpetual penalties shall be pardoned after undergoing the penalty for
thirty years, unless such person by reason of his conduct or some
other serious cause shall be considered by the Chief Executive as
unworthy of pardon. (20 years and 1 day to 40 years)
Reclusion temporal. The penalty of reclusion temporal shall be
from twelve years and one day to twenty years.
Prision mayor and temporary disqualification. The duration of the
penalties of prision mayor and temporary disqualification shall be
from six years and one day to twelve years, except when the penalty
of disqualification is imposed as an accessory penalty, in which case
its duration shall be that of the principal penalty.
Prision correccional, suspension, and destierro. The duration of
the penalties of prision correccional, suspension and destierro shall be
from six months and one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its duration shall be
that of the principal penalty.
Arresto mayor. The duration of the penalty of arresto mayor shall
be from one month and one day to six months.
Arresto menor. The duration of the penalty of arresto menor shall
be from one day to thirty days.
Bond to keep the peace. The bond to keep the peace shall be
required to cover such period of time as the court may determine.
: The abovementioned penalties are to be given on offenders when
they have committed a crime, depending on the lightness and gravity
of the crime committed. The gravest being Reclusion perpetua since
the Death sentence has been abolished. And bond to keep peace as
the lightest.
Art. 28. Computation of penalties. If the offender shall be in
prison, the term of the duration of the temporary penalties shall be
computed from the day on which the judgment of conviction shall
have become final.
If the offender be not in prison, the term of the duration of the penalty
consisting of deprivation of liberty shall be computed from the day
that the offender is placed at the disposal of the judicial authorities
for the enforcement of the penalty. The duration of the other penalties
shall be computed only from the day on which the defendant
commences to serve his sentence.
: This refers to the duration of the sentence.
Ex: True or false, a man was convicted of Reclusion temporal after
committing a crime of homicide should be serving a sentence of
twenty years and one day to forty years?
A: False.
The Revised Penal Code provides that Reclusion temporal is
supposed to be served twelve years and one day to twenty years.
In the case at bar, the man committed homicide and was punished
with Reclusion temporal. The years that was mention in the
prescription was for Reclusion perpetua.

Art. 29. Period of preventive imprisonment deducted from term of


imprisonment. Offenders 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 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 be
credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment.
Whenever an accused has undergone preventive imprisonment for a
period equal to or more than 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. In case the maximum penalty to which the
accused may be sentenced is destierro, he shall be released after thirty
(30) days of preventive imprisonment.
: This is in reference to offenders who have served their sentences to
prevent them from committing another crime.
Art. 30. Effects of the penalties of perpetual or temporary absolute
disqualification. The penalties of perpetual or temporary absolute
disqualification for public office shall produce the following effects:
1. The deprivation of the public offices and employments which the
offender may have held even if conferred by popular election.
2. The deprivation of the right to vote in any election for any popular
office or to be elected to such office.
3. The disqualification for the offices or public employments and for
the exercise of any of the rights mentioned. In case of temporary
disqualification, such disqualification as is comprised in paragraphs 2
and 3 of this article shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for any
office formerly held.
: This is in line with the sentence: Public office is a public trust.
Ex: A public officer committed a crime of rape with murder. His final
judgment was perpetual or temporary absolute disqualification. Do
you agree with the judgment or not?
A: Yes, I agree with the judgment.
Public office is a public trust. And if a public officer commenced such
crime, he is not fit to be trusted and must be stripped of his duties and
obligations to the public.
In the given case at bar, the public officer committed rape with murder,
therefore, he cannot be trusted and must be stripped of his office,
duties and obligations as a public officer, as public office is a public
trust.
Art. 31. Effect of the penalties of perpetual or temporary special
disqualification. The penalties of perpetual or temporal special
disqualification for public office, profession or calling shall produce
the following effects:
1. The deprivation of the office, employment, profession or calling
affected;
2. The disqualification for holding similar offices or employments
either perpetually or during the term of the sentence according to the
extent of such disqualification.

: People in office who had committed a crime shall be deprived of


their office. Like in royalty for example, if the king commits a crime,
he is forced to abdicate and thereby stripped of his title and office.
Art. 32. Effect of the penalties of perpetual or temporary special
disqualification for the exercise of the right of suffrage. The
perpetual or temporary special disqualification for the exercise of the
right of suffrage shall deprive the offender perpetually or during the
term of the sentence, according to the nature of said penalty, of the
right to vote in any popular election for any public office or to be
elected to such office. Moreover, the offender shall not be permitted
to hold any public office during the period of his disqualification.
: Again with connection to public office is a public trust, the offender
may not hold any office during his term of sentence. They will be
deprived the right to vote in any popular election for any public
office.
Art. 33. Effects of the penalties of suspension from any public office,
profession or calling, or the right of suffrage. The suspension
from public office, profession or calling, and the exercise of the right
of suffrage shall disqualify the offender from holding such office or
exercising such profession or calling or right of suffrage during the
term of the sentence.
The person suspended from holding public office shall not hold
another having similar functions during the period of his suspension.
: In connection with the holding of public office, one may be
suspended from holding public office and shall not hold another
having similar functions during the period of his suspension.
Art. 34. Civil interdiction. Civil interdiction shall deprive 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.
: During the term of sentence, one who is convicted is stripped of
rights to parental authority, guardianship, marital authority and right
to manage his property.
Art. 35. Effects of bond to keep the peace. It shall be the duty of
any person sentenced to give bond to keep the peace, to present two
sufficient sureties who shall undertake that such person will not
commit the offense sought to be prevented, and that in case such
offense be committed they will pay the amount determined by the
court in the judgment, or otherwise to deposit such amount in the
office of the clerk of the court to guarantee said undertaking.
The court shall determine, according to its discretion, the period of
duration of the bond.
Should the person sentenced fail to give the bond as required he shall
be detained for a period which shall in no case exceed six months, is
he shall have been prosecuted for a grave or less grave felony, and
shall not exceed thirty days, if for a light felony.
: In connection to payment of any bail or bond, as to keep the peace
and sanctity of the place.
Art. 36. Pardon; its effect. 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.
A pardon shall in no case exempt the culprit from the payment of the
civil indemnity imposed upon him by the sentence.

: Pardon is differentiated from amnesty. As pardon excuses the


sentence but not the crime, and amnesty excuses both the sentence and
the crime.
Art. 37. 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.
: These are the fees included in paying the bail, or other form of
obligations you have when you are accused.
Art. 38. Pecuniary liabilities; Order of payment. In case the
property of the offender should not be sufficient for the payment of all
his pecuniary liabilities, the same shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
: When things are to be repaired, or when things are taken, its either
you pay back the equal amount in which the victim paid for it or you
find a way to repair it.
Art. 39. Subsidiary penalty. If the convict has no property with
which to meet the fine mentioned in the paragraph 3 of the nest
preceding article, he shall be subject to a subsidiary personal liability
at the rate of one day for each eight pesos, subject to the following
rules:
1. If the principal penalty imposed be prision correccional or arresto
and fine, he shall remain under confinement until his fine referred to 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 light felony.
3. When the principal imposed is higher than prision correccional, 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.chan robles virtual law library
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.
: This is in case a person convicted cannot pay for the same, they will
follow the abovementioned guidelines with regard to payment.
Art. 40. Death; Its accessory penalties. The death penalty, when it
is not executed by reason of commutation or pardon shall carry with it
that of perpetual absolute disqualification and that of civil interdiction
during thirty years following the date sentence, unless such accessory
penalties have been expressly remitted in the pardon.
: This has been abolished, so, at some point no longer applicable.
Although it is still included in the RPC, it is respected as a resource.
Art. 41. Reclusion perpetua and reclusion temporal; Their accessory
penalties. The penalties of reclusion perpetua and reclusion
temporal shall carry with them that of civil interdiction for life or
during the period of the sentence as the case may be, and that of
perpetual absolute disqualification which the offender shall suffer even
though pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon.

A: Yes, there was.


Art. 42. Prision mayor; Its accessory penalties. The penalty of
prision mayor, shall carry with it that of temporary absolute
disqualification and that of perpetual special disqualification from the
right of suffrage which the offender shall suffer although pardoned as
to the principal penalty, unless the same shall have been expressly
remitted in the pardon.
Art. 43. Prision correccional; Its accessory penalties. The penalty
of prision correccional shall carry with it that of suspension from
public office, from the right to follow a profession or calling, and that
of perpetual special disqualification from the right of suffrage, if the
duration of said imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in the article
although pardoned as to the principal penalty, unless the same shall
have been expressly remitted in the pardon.
Art. 44. Arresto; Its accessory penalties. The penalty of arresto
shall carry with it that of suspension of the right too hold office and
the right of suffrage during the term of the sentence.
Art. 45. Confiscation and forfeiture of the proceeds or instruments of
the crime. 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.
Such proceeds and instruments or tools shall be confiscated and
forfeited in favor of the Government, unless they be property of a
third person not liable for the offense, but those articles which are not
subject of lawful commerce shall be destroyed.
Art. 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.
: This means, all the crimes have been on the consummated stage.

Complex crime is defined as a single act that constitutes two or more


grave or less grave felonies.
In the given case at bar, the police in the intention of keeping the
peace, although he fired the gun at the robber, the bullet did a
projectile which hits a bystander, thus killing them both.
Thus, the police committed a complex crime.
Art. 49. Penalty to be imposed upon the principals when the crime
committed is different from that intended. In cases in which the
felony committed is different from that which the offender intended to
commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than
that corresponding to the offense which the accused intended to
commit, the penalty corresponding to the latter shall be imposed in its
maximum period.
2. If the penalty prescribed for the felony committed be lower than that
corresponding to the one which the accused intended to commit, the
penalty for the former shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be
applicable if the acts committed by the guilty person shall also
constitute an attempt or frustration of another crime, if the law
prescribes a higher penalty for either of the latter offenses, in which
case the penalty provided for the attempted or the frustrated crime
shall be imposed in its maximum period.
: This is to be imposed on the principal criminal regardless of praeter
intentionem (or the crime committed is different from what was
intended), the maximum is to be imposed.
Art. 50. Penalty to be imposed upon principals of a frustrated crime.
The penalty next lower in degree than that prescribed by law for the
consummated felony shall be imposed upon the principal in a
frustrated felony.

Art. 47. In what cases the death penalty shall not be imposed. The
death penalty shall be imposed in all cases in which it must be
imposed under existing laws, except in the following cases:
1. When 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. For the imposition of
said penalty or for the confirmation of a judgment of the inferior
court imposing the death sentence, the Supreme Court shall render its
decision per curiam, which shall be signed by all justices of said
court, unless some member or members thereof shall have been
disqualified from taking part in the consideration of the case, in
which even the unanimous vote and signature of only the remaining
justices shall be required.

: Referring to the graduated scale of penalties, the penalty to be given


in frustrated crime is the next lower in degree.
Ex: A crime of frustrated rape is committed. Rape is usually
punishable with Reclusion perpetua, but in the case of frustrated rape
the next lower degree punishment will be imposed which is Reclusion
temporal.

: Although the Death sentence is no longer commutable, this is to be


implemented once a person is convicted.

Art. 52. Penalty to be imposed upon accomplices in consummated


crime. The penalty next lower in degree than that prescribed by law
for the consummated shall be imposed upon the accomplices in the
commission of a consummated felony.

Art. 48. Penalty for complex crimes. When a single act constitutes
two or more grave or less grave felonies, or when an offense is a
necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its
maximum period.
: This is when a single act, becomes a crime.
Ex: In the intention of keeping the peace, a police, fires a gun
towards a robber, but since the bullet did a projectile hitting another
bystander thereby killing two people. Was there a complex crime
committed?

Art 51. Penalty to be imposed upon principals of attempted crimes.


A penalty lower by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the principals in an
attempt to commit a felony.
: This punishment say for example is to be imposed on attempted rape,
then two (2) degrees lower which is Prision mayor.

Art. 53. Penalty to be imposed upon accessories to the commission of


a consummated felony. The penalty lower by two degrees than that
prescribed by law for the consummated felony shall be imposed upon
the accessories to the commission of a consummated felony.
Art. 54. Penalty to imposed upon accomplices in a frustrated crime.
The penalty next lower in degree than prescribed by law for the
frustrated felony shall be imposed upon the accomplices in the
commission of a frustrated felony.

Art. 55. Penalty to be imposed upon accessories of a frustrated


crime. The penalty lower by two degrees than that prescribed by
law for the frustrated felony shall be imposed upon the accessories to
the commission of a frustrated felony.
Art. 56. Penalty to be imposed upon accomplices in an attempted
crime. The penalty next lower in degree than that prescribed by
law for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony.
Art. 57. Penalty to be imposed upon accessories of an attempted
crime. The penalty lower by two degrees than that prescribed by
law for the attempted felony shall be imposed upon the accessories to
the attempt to commit a felony.
Art. 58. Additional penalty to be imposed upon certain accessories.
Those accessories falling within the terms of paragraphs 3 of
Article 19 of this Code who should act with abuse of their public
functions, shall suffer the additional penalty of absolute perpetual
disqualification if the principal offender shall be guilty of a grave
felony, and that of absolute temporary disqualification if he shall be
guilty of a less grave felony.
Art. 59. Penalty to be imposed in case of failure to commit the crime
because the means employed or the aims sought are impossible.
When the person intending to commit an offense has already
performed the acts for the execution of the same but nevertheless the
crime was not produced by reason of the fact that the act intended
was by its nature one of impossible accomplishment or because the
means employed by such person are essentially inadequate to
produce the result desired by him, the court, having in mind the social
danger and the degree of criminality shown by the offender, shall
impose upon him the penalty of arresto mayor or a fine from 200 to
500 pesos.
: This is with connection to impossible crime, where the crime
committed and its way of commission is so impossible.
Ex: A brother, on the intent of killing his brother, bought a poison for
his brothers food. But the pharmacist gave him cheese flavor powder
instead, which did not kill his brother. Was an impossible crime
committed or not?
A: Yes, there was an impossible crime committed.
An impossible crime is a commencement of a crime that the means of
committing it is so impossible that even with the intent of killing the
person did not affect the person instead.
In the case at bar, the brother with an intention on killing his brother
bought poison, but instead was given cheese powder thereby not
killing him.
Art. 60. Exception to the rules established in Articles 50 to 57. The
provisions contained in Articles 50 to 57, inclusive, of this Code shall
not be applicable to cases in which the law expressly prescribes the
penalty provided for a frustrated or attempted felony, or to be
imposed upon accomplices or accessories.
Art. 61. Rules for graduating penalties. For the purpose of
graduating the penalties which, according to the provisions of
Articles 50 to 57, inclusive, of this Code, are to be imposed upon
persons guilty as principals of any frustrated or attempted felony, or
as accomplices or accessories, the following rules shall be observed:
1. When the penalty prescribed for the felony is single and
indivisible, the penalty next lower in degrees shall be that
immediately following that indivisible penalty in the respective
graduated scale prescribed in Article 71 of this Code.

2. When the penalty prescribed for the crime is composed of two


indivisible penalties, or of one or more divisible penalties to be impose
to their full extent, the penalty next lower in degree shall be that
immediately following the lesser of the penalties prescribed in the
respective graduated scale.
3. When the penalty prescribed for the crime is composed of one or
two indivisible penalties and the maximum period of another divisible
penalty, the penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible penalty and the
maximum periods of the proper divisible penalty and the maximum
period of that immediately following in said respective graduated
scale.
4. when the penalty prescribed for the crime is composed of several
periods, corresponding to different divisible penalties, the penalty next
lower in degree shall be composed of the period immediately
following the minimum prescribed and of the two next following,
which shall be taken from the penalty prescribed, if possible;
otherwise from the penalty immediately following in the above
mentioned respective graduated scale.
5. When the law prescribes a penalty for a crime in some manner not
especially provided for in the four preceding rules, the courts,
proceeding by analogy, shall impose corresponding penalties upon
those guilty as principals of the frustrated felony, or of attempt to
commit the same, and upon accomplices and accessories.
: This is in connection to the penalties once the scale has graduated.
Either the years get added or subtracted.
Art. 62. Effect of the attendance of mitigating or aggravating
circumstances and of habitual delinquency. Mitigating or
aggravating circumstances and habitual delinquency shall be taken into
account for the purpose of diminishing or increasing the penalty in
conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime
specially punishable by law or which are included by the law in
defining a crime and prescribing the penalty therefor shall not be taken
into account for the purpose of increasing the penalty.
2. The same rule shall apply with respect to any aggravating
circumstance inherent in the crime to such a degree that it must of
necessity accompany the commission thereof.
3. 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 only serve to
aggravate or mitigate the liability of the principals, accomplices and
accessories as to whom such circumstances are attendant.
4. 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 those persons only who had
knowledge of them at the time of the execution of the act or their
cooperation therein.
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced to the penalty
provided by law for the last crime of which he be found guilty and to
the additional penalty of prision correccional in its medium and
maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty and to
the additional penalty of prision mayor in its minimum and medium
periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced
to the penalty provided for the last crime of which he be found guilty
and to the additional penalty of prision mayor in its maximum period
to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two
penalties to be imposed upon the offender, in conformity herewith,
shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be


habitual delinquent, is 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.

2. When only a mitigating circumstances is present in the commission


of the act, they shall impose the penalty in its minimum period.

: This article pertains to when the aggravating circumstance is offset


by mitigating circumstance and thus the computation is either
commuted or reduced. This is in the case of serious physical injury,
robbery, estafa, homicide and this is referred to recidivists or repeat
offenders or habitual delinquents.

3. When an aggravating circumstance is present in the commission of


the act, they shall impose the penalty in its maximum period.

Art. 63. Rules for the application of indivisible penalties. In all


cases in which the law prescribes a single indivisible penalty, it shall
be applied by the courts regardless of any mitigating or aggravating
circumstances that may have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of two
indivisible penalties, the following rules shall be observed in the
application thereof:
1. When in the commission of the deed there is present only one
aggravating circumstance, the greater penalty shall be applied.

: In this case, the minimum period (it may be arresto menor or bond)
that will be given as punishment to the accused.

: Granting in this case that an aggravating circumstance was present in


the commission of the crime, maximum is to be implemented:
Reclusion perpetua.
4. When both mitigating and aggravating circumstances are present,
the court shall reasonably offset those of one class against the other
according to their relative weight.
: In the case at bar, one may offset the other granting that both the
mitigating and aggravating is present in the commencement of the
crime.

: If the crime committed is in the aggravating circumstance, the


greater penalty is given, this includes:
1) Reclusion perpetua
2) Reclusion temporal

5. When there are two or more mitigating circumstances and no


aggravating circumstances are present, the court shall impose the
penalty next lower to that prescribed by law, in the period that it may
deem applicable, according to the number and nature of such
circumstances.

2. When there are neither mitigating nor aggravating circumstances


and there is no aggravating circumstance, the lesser penalty shall be
applied.

: In the case where there two or more mitigating circumstances but no


aggravating present, the court shall impose a lower penalty than that
prescribed by law.

: If both the mitigating and aggravating are missing in the element of


the crime, a lesser penalty shall be applied. This pertains to:
1) Prision mayor
2) Arresto mayor
3) Arresto menor

6. Whatever may be the number and nature of the aggravating


circumstances, the courts shall not impose a greater penalty than that
prescribed by law, in its maximum period.

3. When the commission of the act is attended by some mitigating


circumstances and there is no aggravating circumstance, the lesser
penalty shall be applied.
: This is in the presence of a mitigating circumstance but no
aggravating, a lesser penalty is to be administered.
4. When both mitigating and aggravating circumstances attended the
commission of the act, the court shall reasonably allow them to offset
one another in consideration of their number and importance, for the
purpose of applying the penalty in accordance with the preceding
rules, according to the result of such compensation.
: This is in the case where both are present, then one can offset the
other by either reducing the number of years.
Art. 64. Rules for the application of penalties which contain three
periods. In cases in which the penalties prescribed by law contain
three periods, whether it be a single divisible penalty or composed of
three different penalties, each one of which forms a period in
accordance with the provisions of Articles 76 and 77, the court shall
observe for the application of the penalty the following rules,
according to whether there are or are not mitigating or aggravating
circumstances:
1. When there are neither aggravating nor mitigating circumstances,
they shall impose the penalty prescribed by law in its medium period.
: This is in case neither the aggravating nor mitigating is present, the
medium penalty is given.

: Death may not be imposed regardless of how aggravating the


circumstances are.
7. Within the limits of each period, the court shall determine the extent
of the penalty according to the number and nature of the aggravating
and mitigating circumstances and the greater and lesser extent of the
evil produced by the crime.
: This is in favor of the gravity of the crime commenced by the
offender.
Art. 65. Rule in cases in which the penalty is not composed of three
periods. In cases in which the penalty prescribed by law is not
composed of three periods, the courts shall apply the rules contained in
the foregoing articles, dividing into three equal portions of time
included in the penalty prescribed, and forming one period of each of
the three portions.
: Instead of doing three (3) separate periods of penalty, it will be done
consecutively at the same time.
Art. 66. Imposition of fines. In imposing fines the courts may fix
any amount within the limits established by law; in fixing the amount
in each case attention shall be given, not only to the mitigating and
aggravating circumstances, but more particularly to the wealth or
means of the culprit.
: Fines that could be accommodated by the wealth or means of the
culprit are to be adjusted in case he/she may not be able to pay. This is
to be determined by the courts.
Art. 67. Penalty to be imposed when not all the requisites of exemption
of the fourth circumstance of Article 12 are present. When all the

conditions required in circumstances Number 4 of Article 12 of this


Code to exempt from criminal liability are not present, the penalty of
arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon the culprit if he shall have
been guilty of a grave felony, and arresto mayor in its minimum and
medium periods, if of a less grave felony.
: This is to be given on the case of any person who, while performing
a lawful act with due care, causes an injury by mere accident without
fault or intention of causing it, as provided by the Penal Code, under
paragraph 4 of Art. 12, then the maximum period of arresto mayor to
the minimum period of prision correccional is to be imposed.
Art. 68. Penalty to be imposed upon a person under eighteen years of
age. When the offender is a minor under eighteen years and his
case is one coming under the provisions of the paragraphs next to the
last of Article 80 of this Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years of age, who is not
exempted from liability by reason of the court having declared that he
acted with discernment, a discretionary penalty shall be imposed, but
always lower by two degrees at least than that prescribed by law for
the crime which he committed.
2. Upon a person over fifteen and under eighteen years of age the
penalty next lower than that prescribed by law shall be imposed, but
always in the proper period.
: This is in connection to offenders who are minors, but upon
reaching 18 may be tried as an adult.
Art. 69. Penalty to be imposed when the crime committed is not
wholly excusable. A penalty lower by one or two degrees than that
prescribed by law shall be imposed if the deed is not wholly
excusable by reason of the lack of some of the conditions required to
justify the same or to exempt from criminal liability in the several
cases mentioned in Article 11 and 12, provided that the majority of
such conditions be present. The courts shall impose the penalty in the
period which may be deemed proper, in view of the number and
nature of the conditions of exemption present or lacking.
: With connection to Justifying Circumstances and Circumstances
which exempt from criminal liability, the penalty is either one or two
degree lower, and may be imposed only in the number and nature of
the conditions of exemption present or lacking.
Art. 70. Successive service of sentence. When the culprit has to
serve two or more penalties, he shall serve them simultaneously if the
nature of the penalties will so permit otherwise, the following rules
shall be observed:
In the imposition of the penalties, the order of their respective
severity shall be followed so that they may be executed successively
or as nearly as may be possible, should a pardon have been granted as
to the penalty or penalties first imposed, or should they have been
served out.
For the purpose of applying the provisions of the next preceding
paragraph the respective severity of the penalties shall be determined
in accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,chan robles virtual law library
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and be voted for,
the right to follow a profession or calling, and

12. Public censure.


Notwithstanding the provisions of the rule next preceding, the
maximum duration of the convict's sentence shall not be more than
three-fold the length of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to which he may be
liable shall be inflicted after the sum total of those imposed equals the
same maximum period.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of perpetual
penalties (pena perpetua) shall be computed at thirty years.
: The best rule for this article is the three-fold rule, where instead of
serving three sentences at different periods, they all get served at the
same period at the maximum period possible.
Ex: A man committing robbery, with kidnapping and murder has been
sentenced to Reclusion perpetua for each crime he has committed. If
you were the judge presiding over the case, how would you decide
over how he should serve his sentence?
A: Following the three-fold rule though he has committed three
distinct crimes of different titles, the man should be serving the
maximum sentence of Reclusion perpetua or 20 years and 1 day to 40
years. Instead of adding all three which are punishable with Reclusion
perpetua which equals 120 years, it will be reduced to 40 years instead.
Art. 71. Graduated scales. In the case in which the law prescribed a
penalty lower or higher by one or more degrees than another given
penalty, the rules prescribed in Article 61 shall be observed in
graduating such penalty.
The lower or higher penalty shall be taken from the graduated scale in
which is comprised the given penalty.
The courts, in applying such lower or higher penalty, shall observe the
following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to vote and be
voted for, the right to follow a profession or calling,
4. Public censure,
5. Fine.
: The abovementioned scales of penalty shall be followed when
imposing the punishment on the accused.
Art. 72. Preference in the payment of the civil liabilities. The civil
liabilities of a person found guilty of two or more offenses shall be
satisfied by following the chronological order of the dates of the
judgments rendered against him, beginning with the first in order of
time.
: This refers to the payment and civil liability of an individual as to
when he or she should pay for such liability beginning with the first.
Art. 73. Presumption in regard to the imposition of accessory
penalties. Whenever the courts shall impose a penalty which, by
provision of law, carries with it other penalties, according to the

provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be


understood that the accessory penalties are also imposed upon the
convict.
: The provisions of Art. 40, 41, 42, 43 and 44 shall also be imposed
on the convict who has been accessory to the crime.
Art. 74. Penalty higher than reclusion perpetua in certain cases.
In cases in which the law prescribes a penalty higher than another
given penalty, without specially designating the name of the former,
if such higher penalty should be that of death, the same penalty and
the accessory penalties of Article 40, shall be considered as the next
higher penalty.
: Since the Death penalty has been abolished, the next higher penalty
next to Reclusion perpetua, which in this case may be life
imprisonment (although we do not say so), is next the next possible
punishment or the application of the three-fold rule.
Art. 75. Increasing or reducing the penalty of fine by one or more
degrees. Whenever it may be necessary to increase or reduce the
penalty of fine by one or more degrees, it shall be increased or
reduced, respectively, for each degree, by one-fourth of the maximum
amount prescribed by law, without however, changing the minimum.
The same rules shall be observed with regard of fines that do not
consist of a fixed amount, but are made proportional.
: Depending on the degree of the crime, is the basis of how the fine
must be paid.
Art. 76. Legal period of duration of divisible penalties. The legal
period of duration of divisible penalties shall be considered as
divided into three parts, forming three periods, the minimum, the
medium, and the maximum in the manner shown in the following
table:
Penalties
Entirety

Minimum

Medium

Maximum

RT
12
yrs
&1
day
20
yrs.
12
yrs
&1
day
14
yrs
&8
mos.
14
yrs
&8
mos.
17
yrs,
4
mos.
17
yrs,
4
mos.
&1
day

PM,
AD,
SD
6 yrs
&1
day
12
yrs

PC,
S, D

AM

6
mos.
&1
day
6 yrs

1-30
days

6 yrs
&1
day
8 yrs

6
mos.
&1
day
2 yrs
&4
mos.

1
mont
h&
1 day
6
mos.
1-2
mos.

8 yrs
&1
day
10
yrs

2
yrs,
4
mos.
&1
day
4 yrs
&2
mos.
4
yrs,
2
mos.
&1
day

2
mos.
&1
day
4
mos.

1120
days

4
mos.
&1
day
6
mos.

2130
days

10
yrs
&1
day
12
yrs

Am

20
yrs.

6
yrs.

RTReclusion Temporal PCPrision Correccional


PM Prision Mayor
S -Suspension
AD Absolute Disqualification D - Destierro
SD Special Disqualification AM Arresto Mayor
Am Arresto Menor
Art. 77. When the penalty is a complex one composed of three distinct
penalties. In cases in which the law prescribes a penalty composed
of three distinct penalties, each one shall form a period; the lightest of
them shall be the minimum the next the medium, and the most severe
the maximum period.
Whenever the penalty prescribed does not have one of the forms
specially provided for in this Code, the periods shall be distributed,
applying by analogy the prescribed rules.
: If the crime prescribes three (3) distinct penalties, each will form one
period: minimum, medium and maximum. From the lightest to the
most severe punishment to be imposed on the accused.
Art. 78. When and how a penalty is to be executed. No penalty shall
be executed except by virtue of a final judgment.
A penalty shall not be executed in any other form than that prescribed
by law, nor with any other circumstances or incidents than those
expressly authorized thereby.
In addition to the provisions of the law, the special regulations
prescribed for the government of the institutions in which the penalties
are to be suffered shall be observed with regard to the character of the
work to be performed, the time of its performance, and other incidents
connected therewith, the relations of the convicts among themselves
and other persons, the relief which they may receive, and their diet.
The regulations shall make provision for the separation of the sexes in
different institutions, or at least into different departments and also for
the correction and reform of the convicts.
: The penalty is to be imposed once final judgment has been served to
the accused.

1-10
days

Art. 79. Suspension of the execution and service of the penalties in


case of insanity. When a convict shall become insane or an imbecile
after final sentence has been pronounced, the execution of said
sentence shall be suspended only with regard to the personal penalty,
the provisions of the second paragraph of circumstance number 1 of
Article 12 being observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be
executed, unless the penalty shall have prescribed in accordance with
the provisions of this Code.
The respective provisions of this section shall also be observed if the
insanity or imbecility occurs while the convict is serving his sentence.
: If during the entirety of the sentence, an accused becomes insane or
an imbecile, his sentence will be commuted, and should his sanity
regain, will his sentence resume. Only in these special cases will the
sentence be commuted.
Art. 80. Suspension of sentence of minor delinquents. Whenever a
minor of either sex, under sixteen years of age at the date of the
commission of a grave or less grave felony, is accused thereof, the
court, after hearing the evidence in the proper proceedings, instead of
pronouncing judgment of conviction, shall suspend all further
proceedings and shall commit such minor to the custody or care of a
public or private, benevolent or charitable institution, established
under the law of the care, correction or education of orphaned,
homeless, defective, and delinquent children, or to the custody or care
of any other responsible person in any other place subject to visitation
and supervision by the Director of Public Welfare or any of his agents

or representatives, if there be any, or otherwise by the superintendent


of public schools or his representatives, subject to such conditions as
are prescribed herein below until such minor shall have reached his
majority age or for such less period as the court may deem proper.
The court, in committing said minor as provided above, shall take
into consideration the religion of such minor, his parents or next of
kin, in order to avoid his commitment to any private institution not
under the control and supervision of the religious sect or
denomination to which they belong.
The Director of Public Welfare or his duly authorized representatives
or agents, the superintendent of public schools or his representatives,
or the person to whose custody or care the minor has been
committed, shall submit to the court every four months and as often
as required in special cases, a written report on the good or bad
conduct of said minor and the moral and intellectual progress made
by him.
The suspension of the proceedings against a minor may be extended
or shortened by the court on the recommendation of the Director of
Public Welfare or his authorized representative or agents, or the
superintendent of public schools or his representatives, according as
to whether the conduct of such minor has been good or not and
whether he has complied with the conditions imposed upon him, or
not. The provisions of the first paragraph of this article shall not,
however, be affected by those contained herein.
If the minor has been committed to the custody or care of any of the
institutions mentioned in the first paragraph of this article, with the
approval of the Director of Public Welfare and subject to such
conditions as this official in accordance with law may deem proper to
impose, such minor may be allowed to stay elsewhere under the care
of a responsible person.
If the minor has behaved properly and has complied with the
conditions imposed upon him during his confinement, in accordance
with the provisions of this article, he shall be returned to the court in
order that the same may order his final release.
In case the minor fails to behave properly or to comply with the
regulations of the institution to which he has been committed or with
the conditions imposed upon him when he was committed to the care
of a responsible person, or in case he should be found incorrigible or
his continued stay in such institution should be inadvisable, he shall
be returned to the court in order that the same may render the
judgment corresponding to the crime committed by him.
The expenses for the maintenance of a minor delinquent confined in
the institution to which he has been committed, shall be borne totally
or partially by his parents or relatives or those persons liable to
support him, if they are able to do so, in the discretion of the court;
Provided, That in case his parents or relatives or those persons liable
to support him have not been ordered to pay said expenses or are
found indigent and cannot pay said expenses, the municipality in
which the offense was committed shall pay one-third of said
expenses; the province to which the municipality belongs shall pay
one-third; and the remaining one-third shall be borne by the National
Government: Provided, however, That whenever the Secretary of
Finance certifies that a municipality is not able to pay its share in the
expenses above mentioned, such share which is not paid by said
municipality shall be borne by the National Government. Chartered
cities shall pay two-thirds of said expenses; and in case a chartered
city cannot pay said expenses, the internal revenue allotments which
may be due to said city shall be withheld and applied in settlement of
said indebtedness in accordance with section five hundred and
eighty-eight of the Administrative Code.
: This article is connected with children in conflict with the law who
has been deemed as a convict although minority in age. The
abovementioned article will prevail in cases such as these.
Art. 81-85
: These articles pertain to the Death sentences, where the burial of the
corpse should take place, or if in case the person to be executed is a

female (who in this case may be pregnant), and where the execution
will take place.
Art. 86. Reclusion perpetua, reclusion temporal, prision mayor,
prision correccional and arresto mayor. The penalties of reclusion
perpetua, reclusion temporal, prision mayor, prision correccional and
arresto mayor, shall be executed and served in the places and penal
establishments provided by the Administrative Code in force or which
may be provided by law in the future.
: This article provides where the convicts serving the 1 st scale of
penalties are serving out there sentences.
Art. 87. Destierro. Any person sentenced to destierro shall not be
permitted to enter the place or places designated in the sentence, nor
within the radius therein specified, which shall be not more than 250
and not less than 25 kilometers from the place designated.
: This article refers to the accused until where is his jurisdiction if he
aggravated someone.
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.
: This article refers to where the accused will serve out his sentence
should he be imposed upon the penalty of arresto menor.
Art. 89. How criminal liability is totally extinguished. Criminal
liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to
pecuniary penalties, liability therefor is extinguished only when the
death of the offender occurs before final judgment.
: This refers to, when the during the service of the sentence, the
convict dies, the sentence dies with him.
2. By service of the sentence;
: Upon finishing the service of the sentence, this is when the criminal
liability gets extinguished.
3. By amnesty, which completely extinguishes the penalty and all its
effects;
: Amnesty defined: the crime and the sentence is totally extinguished
4. By absolute pardon;
: Pardon defined: it excuses the sentence, but not the liability, but in
the case of absolute pardon, everything is extinguished.
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344
of this Code.
: In the case of rape, should the rape victim marry the rapist, the
liability of the rapist will be extinguished.
Art. 90. Prescription of crime. Crimes punishable by death,
reclusion perpetua or reclusion temporal shall prescribe in twenty
years.
Crimes punishable by other afflictive penalties shall prescribe in
fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years;
with the exception of those punishable by arresto mayor, which shall
prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six
months.

Light offenses prescribe in two months.


When the penalty fixed by law is a compound one, the highest
penalty shall be made the basis of the application of the rules
contained in the first, second and third paragraphs of this article.
: This refers to the crime committed and what are the years to be
served out.
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.
: This article refers to the day when the crime has been discovered by
the authorities and should the convict flee to another country, his term
of sentence will be interrupted and would resume should he come
back to the Philippines.
Art. 92. When and how penalties prescribe. The penalties imposed
by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the
penalty of arresto mayor, which prescribes in five years;
4. Light penalties, in one year.
Art. 93. Computation of the prescription of penalties. The period
of 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 the defendant should give himself up, be captured,
should go to some foreign country with which this Government has
no extradition treaty, or should commit another crime before the
expiration of the period of prescription.
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 serving his sentence.
: This occurs when the person serving the sentence has been
pardoned, his sentence has been cut or commuted and he has done
good conduct.
Art. 95. Obligation incurred by person granted conditional pardon.
Any person who has been granted conditional pardon shall incur
the obligation of complying strictly with the conditions imposed
therein otherwise, his non-compliance with any of the conditions
specified shall result in the revocation of the pardon and the
provisions of Article 159 shall be applied to him.
: Those who have been pardoned have to follow rules so as not to be
convicted again.
Art. 96. Effect of commutation of sentence. The commutation of
the original sentence for another of a different length and nature shall
have the legal effect of substituting the latter in the place of the
former.
Art. 97. Allowance for good conduct. The good conduct of any
prisoner in any penal institution shall entitle him to the following
deductions from the period of his sentence:

1. During the first two years of his imprisonment, he shall be allowed a


deduction of five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he
shall be allowed a deduction of eight days for each month of good
behavior;
3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten days for each
month of good behavior; and
4. During the eleventh and successive years of his imprisonment, he
shall be allowed a deduction of fifteen days for each month of good
behavior.
: This goes to show, that for every good behavior a convict has shown
inside the prison cell, the days in the term of sentence shall be reduced.
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 the service of his sentence under the circumstances
mentioned in Article 58 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 to in said
article.
: This occurs when a convict gives himself up after forty-eight (48)
hours. His sentence gets commuted and 1/5th of the sentence is
removed.
Art. 99. Who grants time allowances. Whenever lawfully justified,
the Director of Prisons shall grant allowances for good conduct. Such
allowances once granted shall not be revoked.
: It is the Director of Prisons who grants the allowance for every good
conduct.
Art. 100. Civil liability of a person guilty of felony. Every person
criminally liable for a felony is also civilly liable.
: It is true for those who has a criminal liability has a civil liability
(against persons, thing or moral as dictated by Art. 19, 20 and 21 of the
Civil Code).
Art. 101. Rules regarding civil liability in certain cases. The
exemption from criminal liability established in subdivisions 1, 2, 3, 5
and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does
not include exemption from civil liability, which shall be enforced
subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, 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.
Second. In cases falling within subdivision 4 of Article 11, the persons
for whose benefit the harm has been prevented shall be civilly liable in
proportion to the benefit which they may have received.
The courts shall determine, in sound discretion, the proportionate
amount for which each one shall be liable.
When the respective shares cannot be equitably determined, even
approximately, or when the liability also attaches to the Government,
or to the majority of the inhabitants of the town, and, in all events,
whenever the damages have been caused with the consent of the
authorities or their agents, indemnification shall be made in the
manner prescribed by special laws or regulations.

Third. In cases falling within subdivisions 5 and 6 of Article 12, the


persons using violence or causing the fears shall be primarily liable
and secondarily, or, if there be no such persons, those doing the act
shall be liable, saving always to the latter that part of their property
exempt from execution.
: Still this is in connection to Arts. 19-21 of the Civil Code of the
Philippines.
Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and
proprietors of establishments. In default of the persons criminally
liable, innkeepers, tavernkeepers, and any other persons or
corporations shall be civilly liable for crimes committed in their
establishments, in all cases where a violation of municipal ordinances
or some general or special police regulation shall have been
committed by them or their employees.
Innkeepers are also subsidiarily 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 innkeeper himself, or the
person representing him, of the deposit of such goods within the inn;
and shall furthermore have followed the directions which such
innkeeper 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 innkeeper's employees.
: In business establishments, the manager or owner is liable civilly if
anything went missing or was stolen. Same goes with the staff of the
manager, if they committed a crime, the manager is held liable for
their crimes.
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.
: It is also applicable to employers, teachers, persons and discharges.
Art. 104. What is included in civil liability. The civil liability
established in Articles 100, 101, 102, and 103 of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
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 as determined by the court.
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.
This provision is not applicable in cases in which the thing has been
acquired by the third person in the manner and under the
requirements which, by law, bar an action for its recovery.
: The return of the value of such stolen object. Or if it has sentimental
value, you must return the same or higher value.
Ex: A man who in exchange for transportation took a pin of
inestimable value from a woman and her family. And because of that
they were killed in the gas chambers. Should the next of kin have a
right on the pin?

If in any way, an object of value taken by force from a person should


be returned to the next of kin, should the person pass on to the next
life.
In the case at bar, a pin of inestimable value was taken from a woman
and his family, in exchange they had to die in the gas chambers, her
next of kin is claiming for the pin, and since she has passed away, the
next of kin has a right to the pin.
Art. 106. Reparation; How made. The court shall determine the
amount of damage, taking into consideration the price of the thing,
whenever possible, and its special sentimental value to the injured
party, and reparation shall be made accordingly.
: When the object taken is damaged, one must have it repaired to its
original value.
Art. 107. Indemnification; What is included. Indemnification for
consequential damages shall include not only those caused the injured
party, but also those suffered by his family or by a third person by
reason of the crime.
: This includes paying to the family of the person whom the damage
has been brought it upon.
Art. 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.
: This is to the heirs of the person to whom the damage has been
brought upon, all obligations of repair, indemnification and restoration.
Art. 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.
: Each person who is civilly liable must pay an amount as determined
by the courts.
Art. 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.
Art. 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.
: For accomplices who took part in a commission of the crime is liable
as well and must pay that which is payable.

A: Yes, the next of kin has a right.


Art. 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.
: Civil liability is extinguished according with the provisions of the
Civil Law.
Art. 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.
: If the persons civil liability is not yet extinguished then his
obligation to pay for such liability goes on until it has been satisfied.
Act no. 4013 Indeterminate Sentence Law (ISLAW)
Three (3) things to know about the Indeterminate Sentence Law:
Its purpose;
Instances when it does not apply; and
How it operates
Indeterminate Sentence Law governs whether the crime is punishable
under the Revised Penal Code or a special Law. It is not limited to
violations of the Revised Penal Code.

(8)
Those whose maximum term of imprisonment does not
exceed one year, but not to those already sentenced by final judgment
at the time of the approval of Indeterminate Sentence Law.
Presidential Decree No. 968 (Probation Law)
Probation is a manner of disposing of an accused who have been
convicted by a trial court by placing him under supervision of a
probation officer, under such terms and conditions that the court may
fix. This may be availed of before the convict begins serving sentence
by final judgment and provided that he did not appeal anymore from
conviction.
Without regard to the nature of the crime, only those whose penalty
does not exceed six years of imprisonment are those qualified for
probation. If the penalty is six years plus one day, he is no longer
qualified for probation.
If the offender was convicted of several offenses which were tried
jointly and one decision was rendered where multiple sentences
imposed several prison terms as penalty, the basis for determining
whether the penalty disqualifies the offender from probation or not is
the term of the individual imprisonment and not the totality of all the
prison terms imposed in the decision. So even if the prison term
would sum up to more than six years, if none of the individual
penalties exceeds six years, the offender is not disqualified by such
penalty from applying for probation.
Ex: May a recidivist be given the benefit of Probation Law?
A: As a general rule, no.

The purpose of the Indeterminate Sentence law is to avoid prolonged


imprisonment, because it is proven to be more destructive than
constructive to the offender. So, the purpose of the Indeterminate
Sentence Law in shortening the possible detention of the convict in
jail is to save valuable human resources.
In determining the applicable penalty according to the Indeterminate
Sentence Law, there is no need to mention the number of years,
months and days; it is enough that the name of the penalty is
mentioned while the Indeterminate Sentence Law is applied.
Crimes punished under special law carry only one penalty; there are
no degree or periods. Moreover, crimes under special law do not
consider mitigating or aggravating circumstance present in the
commission of the crime.
Disqualification may be divided into three, according to
(1)
(2)
(3)

The time committed;


The penalty imposed; and
The offender involved.

The Indeterminate Sentence Law shall not apply to:


(1)
Persons convicted of offense punishable with death penalty
or life imprisonment;
(2)
Persons convicted of treason, conspiracy or proposal to
commit treason;
(3)
Persons convicted of misprision of treason, rebellion,
sedition, espionage;
(4)
Persons convicted of piracy;
(5)
Persons who are habitual delinquents;
(6)
Persons who shall have escaped from confinement or
evaded sentence;
(7)
Those who have been granted conditional pardon by the
Chief Executive and hall have violated the term thereto;

Exception: If the earlier conviction refers to a crime the penalty of


which does not exceed 30 days imprisonment or a fine of not more
than P200.00, such convict is not disqualified of the benefit of
probation. So even if he would be convicted subsequently of a crime
embraced in the same title of the Revised Penal Code as that of the
earlier conviction, he is not disqualified from probation provided that
the penalty of the current crime committed does not go beyond six
years and the nature of the crime committed by him is not against
public order, national security or subversion.
Although a person may be eligible for probation, the moment he
perfects an appeal from the judgment of conviction, he cannot avail of
probation anymore. So the benefit of probation must be invoked at the
earliest instance after conviction. He should not wait up to the time
when he interposes an appeal or the sentence has become final and
executory. The idea is that probation has to be invoked at the earliest
opportunity.
Probation shall be denied if the court finds:
(1)
That the offender is in need of correctional treatment that
can be provided most effectively by his commitment to an institution;
(2)
That there is undue risk that during the period of probation
the offender will commit another crime; or
(3)

Probation will depreciate the seriousness of the crime.

The probation law imposes two kinds of conditions:


(1)
(2)

Mandatory conditions; and


Discretionary conditions.

Mandatory conditions:
(1)
The convict must report to the Probation Officer (PO)
designated in the court order approving his application for Probation

within 72 hours from receipt of Notice of such order approving his


application; and
(2)
The convict, as a probationer, must report to the PO at least
once a month during the period of probation unless sooner required
by the PO.
These conditions being mandatory, the moment any of these is
violate, the probation is cancelled.
Discretionary conditions:
The trial court which approved the application for probation may
impose any condition which may be constructive to the correction of
the offender, provided the same would not violate the constitutional
rights of the offender and subject to this two restrictions: (1) the
conditions imposed should not be unduly restrictive of the
probationer; and (2) such condition should not be incompatible with
the freedom of conscience of the probationer.