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Criminal Law Review

Reference: The Revised Penal Code Vol. I & II by


Reyes

4. While being public officers or employees, should commit an


offense in the exercise of their functions; or
5. Should commit any of the crimes against national security
and the law of nations, defined in Title One of Book Two of this
Code.

Introduction

GR: Crimes committed within the Philippines are


punishable under Philippine laws.
EXC: Art. 2, RPC: extra-territoriality principle

CRIMINAL LAW - branch of public law that


defines crimes and treats of their punishment

- VESSELS/AIRSHIPS: Whether or not a ship is a


Philippine ship is not based on the nationality of its
owner but on its registration. Thus, a ship owned by
an American national but registered under the
Philippines is considered a Philippine ship for
purposes of this article.

SOURCES:
(1) Revised Penal Code
(2) Special Penal Laws
(3) Penal Presidential Decrees
- based on the police power of the State

- if a person commits a crime while on a Philippine


ship docked in another country, jurisdiction belongs
to the country where the ship was docked; but if the
accused was not charged in said country, he may be
tried under Philippine jurisdiction

LIMITATIONS ON POWER OF CONGRESS TO


PASS PENAL LAWS:
(1) No ex-post facto law.
- retroactive effect; prejudicial to the
accused
(2) No bill of attainder.
- punishment without benefit of judicial
trial
(3) Penal laws should be of general application.

- if a crime was committed inside a vessel not


registered in the Philippines while in the high seas,
the Philippines has no jurisdiction

CARDINAL FEATURES: (Characteristics)


(1) General
(2) Territorial
(3) Prospective
- EXC: if beneficial to the accused, a penal
law may be given retroactive effect

Art. 3. Definition. Acts and omissions punishable by law are


felonies (delitos).

CONSTRUCTION: in favor of the accused and


strictly against the government

There is deceit when the act is performed with deliberate intent;


and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.

FELONIES

Felonies are commited not only by means of deceit (dolo) but


also by means of fault (culpa).

FELONIES - acts or omissions punishable under


the RPC

Art. 1: EFFECTIVITY - Jan. 1, 1932


2 THEORIES:
(1) Classical - emphasis on the act; human freewill;
retribution
(2) Positivist - focus on the actor/criminal;
reformative or preventive; individualized penalty;
man is a social being

KINDS:
(1) Act - external/overt
(2) Omission - inaction/failure to do
2 WAYS OF COMMISSION:
(1) Dolo - deceit/malice; deliberate intent; good faith
is a defense; intentional acts
(2) Culpa - negligence (deficiency of perception),
imprudence (deficiency of action), lack of foresight,
lack of skill; culpable acts

NOTA BENE: The RPC is based mostly on the


classical theory although there are certain
provisions that were taken from the positivist school,
such as provisions the article on exempting
circumstances.
EXTRA-TERRITORIALITY

Art. 2. Application of its provisions. Except as provided in the


treaties and laws of preferential application, the provisions of
this Code shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those
who:
1. Should commit an offense while on a Philippine ship or
airship;
2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into
these Islands of the obligations and securities mentioned in the
preceding number;

MISTAKE OF FACT - misapprehension of fact;


defense

NOTA BENE:
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Whether an act was done with dolo or culpa,


both are voluntary.
Intent is not an element in crimes under SPL.
Good faith is not a defense in SPL.
REQUISITES OF DOLO:
(1) Freedom
(2) Intelligence
(3) Intent (rebuttable presumption)
REQUISITES OF CULPA:
(1) Freedom
(2) Intelligence
(3) Negligence, imprudence, lack of foresight, lack
of skill

INTENT TO COMMIT A CRIME vs. INTENT


TO COMMIT AN ACT
1. In the first, it is not necessary in SPL. In the
second, it is necessary in SPL.
2. In the first, there must be criminal intent. In the
second, there need not be criminal intent because it
is enough that the prohibited act be done freely and
consciously.
MALA IN SE vs. MALA PROHIBITA
1. IN SE: wrongful by nature: PRO: wrongful
because it is prohibited by law
2. IN SE: murder, theft, rape; PRO: BP 22, illegal
possession of firearm
3. IN SE: GF is a defense; PRO: GF is not a defense
MOTIVE - underlying reason why crime was
committed; not an element of crime so need not be
proven; absence of which does not prove innocence
- EXC: it becomes important when there is
doubt as to the identity of the accused
CRIMINAL LIABILITY
Art. 4. Criminal liability. Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the
wrongful act done be different from that which he intended.
2. By any person performing an act which would be an offense
against persons or property, were it not for the inherent
impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means.

- Was the offender committing a felony?


NOTA BENE: Par. 1 is only applicable to intentional
felonies, not culpable ones.
Q: X has a quarrel with Y in which X, with a gun,
tried to shoot the latter. However, X missed and
instead hit Z, an innocent bystander. As a result,
Z died. Y filed a complaint for attempted murder.
During trial, Xs lawyer contended that X did not
intend to kill Z because he was aiming for Y when
he took the shot. Therefore, Xs liability should
only be reckless imprudence resulting to homicide
and not attempted murder, because there was no
intent to kill on the part of X against Z. Is the
contention correct?
A: No, the contention is not correct. Under Art. 4,
RPC, a person is criminally liable for all the natural
and logical consequences of his felonious act even if
the result is different from what he intended. The fact
that X missed and instead shot Z, who died therefor,
is of no moment. The act of X in shooting Y is itself
a felony. The crime is attempted murder. Therefore,
not withstanding the fact that it was Z who got shot
and died, not Y, X is liable for the natural and
logical consequences of his act. That is, X is
responsible for Zs death and he is also criminally
liable for attempted murder against Y.
VARIATIONS OF FELONY:
(1) Aberratio ictus - wrongful blow
(2) Error in personae - wrongful victim
(3) Praeter intentionem - no intent to commit so
grave a wrong; mitigating circumstance
A: A committed frustrated homicide/murder,
depending on the presence of qualifying
circumstances. In this case, A performed all the acts
of execution necessary to commit the crime of
homicide. A shot B in the chest, a vital area of the

IMPOSSIBLE CRIME - an act which would be an


offense against persons or property, were it not for
the inherent impossibility of its accomplishment or
on account of inadequate or ineffectual means
- the crime must not be a violation of another
provision of the RPC
- PURPOSE OF PUNISHMENT: to suppress
criminal propensity
DUTY OF THE COURT
Art. 5. Duty of the court in connection with the acts which should
be repressed but which are not covered by the law, and in cases of
excessive penalties. Whenever a court has knowledge of any
act which it may deem proper to repress and which is not
punishable by law, it shall render the decision and shall report to
the Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said at should be
made the subject of penal legislation.
In the same way the court shall submit to the Chief Executive,
through the Department of Justice, such statement as may be
deemed proper, without suspending the execution of the
sentence, when a strict enforcement of the provisions of this
Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the
injury caused by the offense.
STAGES OF EXECUTION
Art. 6. Consummated, frustrated, and attempted felonies.
Consummated felonies, as well as those which are frustrated and
attempted, are punishable.
A felony is consummated when all the elements necessary for its
execution and accomplishment are present; and it is frustrated
when the offender performs all the acts of execution which
would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent
of the will of the perpetrator.
There is an attempt 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.

2 STAGES OF DEVELOPMENT OF FELONY:


(1) Internal acts - not punishable
(2) External acts
a) Preparatory acts - GR: not punishable;
EXC: if the act itself is punishable
under the law
b) Acts of Execution
3 STAGES OF EXECUTION:
(1) Consummated - all the elements are present
(2) Frustrated - all the acts of execution are present
but no commission due to causes independent of the
will of the perpetrator
(3) Attempted - person begins the acts of execution
but does not perform all the acts of execution; crime
is not committed by reason of cause or accident other
than his own spontaneous desistance
Q: A, using a gun, shot B, who was then brought
to the hospital. B was able to survive the gunshot
wound to his chest due to immediate medical
intervention. What, if any, is the crime committed
by A?
body. Had B died, the crime would have been
homicide. However, due to immediate medical
intervention which is a cause independent of As
will B did not die. Thus, the act comes squarely

under the frustrated stage of execution. Therefore,


the crime is frustrated homicide.
Q: A induces B to kill C by offering him P 1M.
However, B did not obey As order. Is A liable of
any crime?
A: No, A is not liable. Inducement, in this case, is
merely an act preparatory to the crime of homicide.
As a general rule, preparatory acts are not
punishable. The only exception is if the act itself is
punishable under the law. However, the present case
does not fall under the exception. There is no law
that punishes inducement as an offense. Thus, no
offense was committed and therefore, A is not
criminally liable.
Q: Suppose, in the above example, B tried to kill
C. Is A liable for any crime?
A: Yes. If in the above case, B succeeded in killing
C, A may be held liable for murder by reason of
conspiracy, provided conspiracy is proven as a fact.
In that case, A is a principal by inducement.
Q: Suppose B, intending to kill C, pulled the
trigger of a gun but the gun did not fire. At what
stage of execution is the act committed by B?
A: The crime is attempted murder. Under the law,
there is an attempt when the person commences the
commission of the offense directly by overt acts, and
does not perform all the acts of execution by reason
of some cause or accident other than his own
spontaneous desistance. In the present case, B
began the act of killing C by pulling the trigger of
the gun. However, B was not able to perform all the
acts of execution by reason of a technical accident
i.e. the gun did not fire. Thus, the offense is at the
attempted stage.
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NOTA BENE:
It is important to know the different stages of
execution because this affects the penalty to be
imposed.
No felony is committed if the desistance
happened BEFORE the accused commences the
commission of the crime. However, if the
accused spontaneously desisted only AFTER he
commenced the commission of the crime, he is
still liable.
Overt acts must have direct connection with the
crime intended.
For frustrated murder/homicide, victim must
have suffered mortal wounds. There is a mortal
wound when a vital organ of the body is
affected.
Intent to kill - determined from the weapon
used, words uttered and presumed if death
occurs.
Impossible crime is always consummated. It
should only be used as a last resort.
Q: B shot A, hitting him in the leg. While A was
down, B aimed at A, intending to finish him off.
However, overcome by pity, B decided not to shoot
A. Is B liable?
A: Yes, B is liable. Ordinarily, the spontaneous
desistance of the actor would prevent any criminal
- GR: Conspiracy and proposal to commit a felony
are not punishable.
- EXC: If the law itself provides that conspiracy or
proposal to commit a particular crime is punishable.

liability from attaching. However, this is only true if


the actor has not yet began to commit the crime. In
other words, the spontaneous desistance of the actor
must come BEFORE he commences to commit an
offense. However, in the present case, B already shot
A in the leg when he was overcome with pity and
thus spontaneously desisted. His spontaneous
desistance only came after he already committed the
crime. Thus, B is still liable because his
spontaneous desistance is not the kind contemplated
under the law.
Q: A punched B, who suffered injuries therefor.
Later, B died. What is As liability?
A: A is liable for homicide. Under the law, intent to
kill is presumed if death occurs as a result of the
injury inflicted. In the present case, even if A only
punched B but as a result of the injuries suffered, B
later died, the intent to kill is presumed from the fact
of death. Therefore, A may be held liable for
homicide.
Q: A took Bs wallet without the latter knowing
about it. A was about to leave when, overcome by
his conscience, he decided to return the wallet to
B. What, if any, is the crime committed by A?
A: The crime is consummated theft. A crime is
consummated when all the elements necessary for its
performance and accomplishment are present. In
this case, all the elements of theft are present: (1)
the act of taking; (2) with intent of gain; (3) without
use of force. The intention to return is immaterial.
Therefore, A committed the crime of theft.
LIGHT FELONIES
Art. 7. When light felonies are punishable. Light felonies are
punishable only when they have been consummated, with the
exception of those committed against persons or property.

LIGHT FELONIES - infractions of law for the


commission of which the penalty of arresto menor or
a fine not exceeding 200 pesos, or both, is provided
(Art. 9, par. 3)
(1) Slight physical injuries (Art. 266)
(2) Theft (Art. 309, pars. 7 & 8)
(3) Alteration of boundary marks (Art. 313)
(4) Malicious mischief (Art. 328, par. 3; Art. 329,
par. 3)
(5) Intriguing against honor (Art. 364)
CONSPIRACY AND PROPOSAL TO COMMIT
A FELONY
Art. 8. Conspiracy and proposal to commit a felony. Conspiracy
and proposal to commit a felony are punishable only in the cases
in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide to
commit it.
There is proposal when the person who has decided to commit a
felony proposes its execution to some other person or persons.

REQUISITES OF CONSPIRACY:
(1) Two or more persons came to an agreement
(2) Agreement concerned the commission of a felony
(3) Execution of the felony be decided upon

Q: X, Y and Z conspired to attack Malacanang


Palace in order to depose Pres. Arroyo from
power. After coming to an agreement, the three
decided to execute the plan. But before they were
able to begin executing the plan, they were found
out. What is the crime committed?
A: The crime is conspiracy to commit rebellion. It is
a separate crime punishable under the RPC.
Although as a general rule, conspiracy to commit a
felony is not punishable, the exception is if the law
specially provides a penalty therefor. Thus, since the
RPC itself penalizes the act, it follows that X, Y and
Z should be held liable.
Q: Would your answer be different if they
executed the plan. What then, if any, is the crime
committed?
A: The crime is rebellion. Conspiracy to commit
rebellion and the crime of rebellion are two separate
felonies. The former is absorbed into the latter.
Rebellion cannot be complexed with conspiracy to
commit rebellion.
Art. 9. Grave felonies, less grave felonies, and light felonies.
Grave felonies are those which the law attaches the capital
punishment or penalties which in any of their periods are
afflictive, in accordance with Article 25 of this Code.
Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional, in
accordance with the above-mentioned article.
Light felonies are those infractions of law for the commission of
which the penalty of arresto menor or a fine not exceeding 200
pesos, or both, is provided.
Art. 10. Offenses not subject to the provisions of this Code.
Offenses which are or in the future may be punishable under
special laws are not subject to the provisions of this Code. This
Code shall be supplementary to such laws, unless the latter
should specially provide the contrary.

JUSTIFYING CIRCUMSTANCES
Art. 11. Justifying circumstances. The following do not incur
any criminal liability:
1. Anyone who acts in defense of his person or rights, provided
that the following circumstances concur:
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent
or repel it;
Third. Lack of sufficient provocation on the part of the person
defending himself.
2. Anyone who acts in defense of the person or rights of his
spouse, ascendants, descendants, or legitimate, natural, or
adopted brothers or sisters, or of his relatives by affinity in the
same degrees, and those by consanguinity within the fourth civil
degree, provided that the first and second requisites prescribed
in the next preceding circumstances are present and the further
requisite, in case the provocation was given by the person
attacked, that the one making defense has no part therein.
3. Anyone who acts in defense of the person or rights of a
stranger, provided that the first and second requisites

- depends upon the weapon used, physical


condition, character, size, place and time
- presupposes unlawful aggression which is
either actual or imminent
- ELEMENTS: reasonable necessity of the
course of action taken and the means used
(3) Lack of sufficient provocation on the part of
the person defending himself

mentioned in the first circumstance of this article are present


and that the person defending be not induced by revenge,
resentment or other evil motive.
4. Any person who, in order to avoid an evil or injury, does an
act which causes damage to another, provided that the following
requisites are present:
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to
avoid it.
Third. That there be no other practical and less harmful means
of preventing it.
5. Any person who acts in the fulfillment of a duty or in the
lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a
superior for some lawful purpose.

- GR: no crime; no liability, civil or criminal


- EXC: par. 4 where the accused may be held civilly
liable
JUSTIFYING CIRCUMSTANCES: (SAD FOD)
1. Self-defense
2. Avoidance of greater evil or injury (State of
Necessity)
3. Defense of relatives
4. Fulfillment of a duty or lawful exercise of a right
or office
5. Obedience to a lawful order
6. Defense of strangers
I. Self-defense
- burden of evidence is upon the accused
- must be proven by clear and convincing proof
- a matter of defense
- there must therefore be a full-blown trial
- defense of person, property, rights, honor
- RATIONALE: because it would be impossible for
the State to provide protection to its citizen all the
time
REQUISITES:
(1) Unlawful aggression
- an actual physical assault
- oral threats or insulting words are not
enough
- danger must be: actual, immediate and
imminent
- RETALIATION: not self-defense; the
aggression done by the other party already ceased to
exist
- DEFENSE OF OTHER RIGHTS:
a) chastity
b) property - must be coupled with an attack
against the person; distinguish from lawful exercise
of a right to property in par. 5
c) home
(2) Reasonable necessity of the means employed to
prevent or repel it
- SITUATIONS:
a) no provocation at all
b) there is provocation but it is not
sufficient
c) provocation is sufficient but it was not
given by the person defending himself
d) sufficient provocation given by the
person defending himself but not proximate

II. Defense of Relatives


- the person defending should not have participated
or instigated the encounter
RELATIVES WHO CAN BE DEFENDED:
(1) Spouse
(2) Ascendants
(3) Descendants
(4) Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same degrees
(5) Relatives by consanguinity within the fourth civil
degree
REQUISITES:
(1) Unlawful aggression
(2) Reasonable necessity of the means employed to
prevent or repel it
(3) If the person attacked gave the provocation, the
relative must not have taken part in the provocation
NOTA BENE: The fact that the relative who
defended gave the provocation is immaterial.
III. Defense of Strangers
- persons not included in (1) and (2)
REQUISITES:
(1) Unlawful aggression
(2) Reasonable necessity of the means employed to
prevent or repel it
(3) The person defending be not induced by revenge,
resentment, or other evil motive
IV. Avoidance of Greater Evil or Injury
- state of necessity
- includes damage to property and injury to persons
- the only justifying circumstance where there is civil
liability
REQUISITES:
(1) The evil sought to be avoided actually exists
- does not apply to expected, anticipated or
future evil
(2) The injury feared be greater than that done to
avoid it
- greater evil should not be brought about by
the negligence of the actor
(3) There be no other practical and less harmful
means of preventing it
V. Fulfillment of Duty or Lawful Exercise of Right
or Office
REQUISITES:
(1) Accused acted in the performance of duty or
lawful exercise of right or office

(2) Injury caused or committed is a necessary


consequence of the due performance of duty or
lawful exercise of right or office
DOCTRINE OF SELF-HELP - not necessary
that unlawful aggression be against the person
charged with the protection of the property (Art. 429,
NCC)
- actual invasion of property or mere disturbance in
possession is enough
VI. Obedience to a Lawful Order
REQUISITES:
(1) Order was issued by a superior
(2) Lawful order
(3) Lawful means
- must act within the limitations prescribed by law
Q: A military general ordered his sergeant to
torture C, a suspected rebel, in order to gather
some information about his comrades. As a result
of the torture, C died. Is the sergeant liable,
considering that he was only following orders?
A: The sergeant is liable. Under the law, in order for
the justifying circumstance of obedience to a lawful
order to apply, the following requisites must concur:
(1) the order must be issued by a superior officer;
(2) the order must be for a lawful purpose; and (3)
the means used by the subordinate must be lawful. In
the present case, it is apparent that the general is a
superior officer. So the first requisite is present.
Anent the second requisite: Was the order to torture
C for a lawful purpose? The answer must be no. No
matter what the intention behind the order might be,
it cannot be denied that inflicting physical injuries
on someone is an unlawful act. Thus, it cannot be
said that the order was for a lawful purpose.
Therefore, the sergeant, in following the unlawful
order of his superior, is not entitled to the said
justifying circumstance.
NOTA BENE: The subordinate is not liable for
following an unlawful order if he is not aware of the
illegality of said order and he is not negligent.
EXEMPTING CIRCUMSTANCES
Art. 12. Circumstances which exempt from criminal liability. The
following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted
during a lucid interval.
When the imbecile or an insane person has committed an act
which the law defines as a felony (delito), the court shall order
his confinement in one of the hospitals or asylums established
for persons thus afflicted, which he shall not be permitted to
leave without first obtaining the permission of the same court.
2. A person under nine years of age. (Amended by RA 9344)

3. A person over nine years of age and under fifteen, unless he


acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Article
80. (Amended by RA 9344)
When such minor is adjudged to be criminally irresponsible, the
court, in conformity with the provisions of this and the
preceding paragraph, shall commit him to the care and custody
of his family who shall be charged with his surveillance and
education; otherwise, he shall be committed to the care of some
institution or person mentioned in said Article 80.

4. Any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention of
causing it.
5. Any person who acts under the compulsion of an irresistible
force.
6. Any person who acts under the impulse of an uncontrollable
fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when
prevented by some lawful or insuperable cause.

- there is a crime but no criminal


EXEMPTING CIRCUMSTANCES: (IM A LIU)
1. Imbecility or insanity
2. Minority
3. Accident
4. Lawful or insuperable cause
5. Irresistible force
6. Uncontrollable fear
I. Imbecility or Insanity
IMBECILE - one who, while advanced in age, has
a mental development comparable to that of children
between 2-7 years old
- GR: Imbecile is exempt in all cases.
- EXC: Insane may be liable if it can be proven that
he had a lucid interval at the time of commission.
- presumption of sanity so defense must prove
insanity
- impairment of intelligence
II & III. Minority
- par. 2 and 3 are repealed by R.A. 9344
- 15 yrs. & below: absolute exemption
- above 15 but below 18: provided he did not act with
discernment
NOTA BENE: That the minor acted with
discernment must be alleged and proven by the
prosecution.
IV. Accident
ELEMENTS:
(1) Performing lawful act
(2) With due care
(3) Causing injury to another by mere accident
(4) Without fault or intention of causing it
- distinguish from Art. 4 where the accused is
committing a felony; here, the accused is performing
a lawful act
ACCIDENT - something that happens outside the
sway of our will, and although it comes about
through some act of our will, lies beyond the bounds
of humanly foreseeable consequences
- presupposes lack of intention to commit a wrong
V. Irresistible Force
ELEMENTS:
(1) Compulsion is by means of physical force
(2) Irresistible
(3) Coming from a third person
1. I: absolutory cause; E: not an absolutory cause
2. I: law enforcer induced the accused to commit a
crime; E: there is already a design to commit a crime
and the law enforcer merely resorted to ways and
means for the purpose of capturing the criminal
MITIGATING CIRCUMSTANCES
- there is a crime, there is a criminal but the penalty
is reduced

IRRESISTIBLE FORCE - one that produces such


an effect upon the individual that, in spite of all
resistance, it reduces him to a mere instrument and,
as such, incapable of committing a crime
VI. Uncontrollable Fear
- distinguish from par. 5 where there is physical
force; here, there is only intimidation or threat
ELEMENTS:
(1) Threat which causes the fear is of an evil greater
than or at least equal to that which he is required to
commit
(2) Evil of such gravity and imminence that the
ordinary man would have succumbed to it
- real, imminent or reasonable fear
NOTA BENE: In both par. 5 and 6, the accused must
not have opportunity for self-defense in equal
combat.
VII. Lawful or Insuperable Cause
ELEMENTS:
(1) Act is required by law to be done
(2) Person fails to perform such act
(3) Failure to act is due to some lawful or
insuperable cause
JUSTIFYING vs. EXEMPTING
CIRCUMSTANCE
1. J: no crime, no criminal; E: there is a criminal,
but not crime
2. J: no civil liability except par. 4: E: there is civil
liability except par. 4 & 7
ABSOLUTORY CAUSES - those where the act
committed is a crime but for reasons of public policy
and sentiment there is no penalty imposed
(1) Spontaneous desistance during attempted stage
(Art. 6), and no crime under another provision
(2) Light felony is only attempted or frustrated, and
is not against persons or property (Art. 7)
(3) Accessory is a relative of the principal (Art. 20)
(4) Legal grounds for arbitrary detention (Art. 124)
(5) Legal grounds for trespass (Art. 280)
(6) Crime of theft, swindling or malicious mischief
is committed against a relative (Art. 332)
(7) Slight or less serious physical injuries are
inflicted by the person who surprised his spouse or
daughter in the act of sexual intercourse with
another person (Art. 247)
(8) Marriage of the offender with the offended party
when the crime committed is rape, abduction,
seduction, or acts of lasciviousness (Art. 344)
(9) Instigation
INSTIGATION vs. ENTRAPMENT
- RATIONALE: diminution of either freedom,
intelligence, intent or on lesser perversity of offender
KINDS:
(1) Ordinary/generic
- offset by aggravating circumstance
- lower the period of penalty
(2) Privileged
- cannot be offset by aggravating
circumstance

- lower the penalty by one degree


Art. 13. Mitigating circumstances. The following are mitigating
circumstances:
1. Those mentioned in the preceding chapter, when all the
requisites necessary to justify the act or to exempt from criminal
liability in the respective cases are not attendant.
2. That the offender is under eighteen years of age or over
seventy years. In the case of a minor, he shall be proceeded
against in accordance with the provisions of Article 80.
3. That the offender had no intention to commit so grave a
wrong as that committed.
4. That sufficient provocation or threat on the part of the
offended party immediately preceded the act.
5. That the act was committed in the immediate vindication of a
grave offense to the one committing the felony (delito), his
spouse, ascendants, descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity within the same
degrees.
6. That of having acted upon an impulse so powerful as
naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a
person in authority or his agents, or that he had voluntarily
confessed his guilt before the court prior to the presentation of
evidence for the prosecution.
8. That the offender is deaf and dumb, blind, or otherwise
suffering some physical defect which thus restricts his means of
action, defense, or communication with his fellow beings.
9. Such illness of the offender as would diminish the exercise of
the will-power of the offender without however depriving him of
consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and
analogous to those above mentioned.

- there is a crime and a criminal but the penalty is


reduced
MITIGATING CIRCUMSTANCES: (IUNSIPVIDA)
1. Incomplete justifying or exempting circumstances
2. Under 18 years or over 70 years old
3. No intention to commit so grave a wrong
4. Sufficient provocation or threat
5. Immediate vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender or voluntary confession of
guilt
8. Deaf, dumb, blind
9. Illness
10. Analogous cases

I. Incomplete Defense
- unlawful aggression must be present
2. P: the cause that brought about the provocation
need not be a grave offense; V: the offended party did
a grave offense to the offender
- consider the social standing, place and time
- there cannot be vindication when there is
obfuscation or passion
VI. Passion/Obfuscation
- impulse must arise from a lawless act by the
offended party to be considered mitigating
REQUISITES:

- if unlawful aggression plus another element, there


is privileged mitigating circumstance (Art. 69)
II. Minority
- the minor must have acted with discernment;
otherwise, he is exempted
- age of the accused at the commission of the crime
- if offender is over 70 yrs., generic mitigating
circumstance
III. No intention to commit so grave a wrong
- praeter intentionem
- when there is a notable and evident disproportion
between the means employed to execute the criminal
act and its consequences
- that the blow was not aimed at a vital part of the
body
- intention is determined by the weapon used, the
part of the body injured, the injury inflicted, and the
manner it is inflicted
NOTA BENE:
$
Lack of intention to commit so grave a
wrong is not appreciated where the offense
committed is characterized by treachery.
This is not applicable in felonies by negligence.
IV. Sufficient Provocation
PROVOCATION - any unjust or improper conduct
or act of the offended party, capable of exciting,
inciting, or irritating any one
- distinguish from unlawful aggression (strong and
offensive)
REQUISITES:
(1) Provocation must be sufficient
(3) Originating from the offended party
(2) Given immediately preceding the act
SUFFICIENT - when the seriousness of the
provocation is proportional to the wrong committed
IMMEDIATE - there should not be any interval of
time
V. Immediate Vindication of a Grave Offense
REQUISITES:
(1) grave offense done to the offender or his relatives
(2) felony is committed in vindication of such grave
offense
(3) vindication may be proximate
PROVOCATION vs. VINDICATION
1. P: made directly only to the person committing the
felony; V: committed also against offenders relatives
3. P: immediately preceded the act; V: a lapse of time
is allowed
(1) Accused acted upon an impulse
(2) Impulse must be so powerful that it naturally
produced passion or obfuscation in him
(3) Act by the offended is unlawful and sufficient to
produce such a condition of mind
(4) Said act was not far removed from the
commission of the crime by a considerable length of
time, during which the perpetrator might recover his
normal equanimity

Q: At the wake of F, father of S, O came and


caused a commotion. Acting on this perceived
wrong, S killed O one day later. Is S entitled to
any mitigating circumstance?
A: No. S is not entitled to any mitigating
circumstance. In committing such an act, S was not
driven by lawful sentiments. Moreover, there was a
sufficient lapse of time during which S might have
recovered his normal equanimity. Thus, when he
committed such act, he could not invoke that he was
merely acting under passion or obfuscation. Rather,
his act was fueled by vengeance for the perceived
wrong done by O.
Q: M has been living with L for fifteen years as
his common-law wife. Because of her great love
for L, M worked hard in order to support L
during his studies. After graduation, L left M and
married another woman. M thus killed L. Is M
entitled to any mitigating circumstance?
A: Yes. M is entitled to the mitigating circumstance
of passion or obfuscation.
VII. Voluntary Surrender/Confession of Guilt
VOLUNTARY SURRENDER - spontaneous,
showing the intent of the accused to submit himself
unconditionally to the authorities
REQUISITES:
(1) Must not be actually arrested
(2) Surrender made to a person in authority or agent
(3) Surrender is voluntary
Person in Authority - one directly vested with
jurisdiction, whether s an individual or as a member
of some court or governmental corporation, board or
commission; e.g. barangay captain
Agent of a Person in Authority - a person who,
by direct provision of the law, or by election or by
appointment by competent authority, is charged with
the maintenance of public order and the protection
and security of life and property and any person who
comes to the aid of persons in authority
- the accused must surrender his person, thus, if he
surrenders only the murder weapon, there is no
mitigating circumstance
- unconditional surrender must be made before
authorities or agents
- must own up to the crime or offense
PLEA OF GUILTY
REQUISITES:
IX. Illness
REQUISITES:
(1) Illness diminishes the exercise of will-power
(2) But does not deprive him of consciousness of his
acts
X. Analogous Circumstances

over 60 years old with failing eyesight,


similar to over 70 yrs of age

(1) Spontaneously confessed his guilt


(2) Made in open court competent to try the case
(3) Made prior to the presentation of evidence for the
prosecution
- the plea of guilty must be made at the first
opportunity, so if plea guilty is upon appeal, not
mitigating
Q: A voluntarily surrendered to the authorities
and confessed to the killing of C. However, during
arraignment, A pleaded not guilty. Is he entitled
to any mitigating circumstance?
A: A is entitled to the mitigating circumstance of
voluntary surrender. As for his confession of guilt
before arraignment, such cannot mitigate his
penalty because for such confession of guilt to be
considered a mitigating circumstance, the same must
be made before a competent court. Moreover, the
confession of guilt must be unconditional. That A
recanted his confession is indicative of the fact that
he is not a true supplicant. The rationale for this
mitigating circumstance is to recognize that the
accused might be genuinely sorry for his crime and
to reward his honesty. To allow such mitigating
circumstance in this case would contravene the
rationale behind the rule.
Q: Suppose in the above example, A pleaded
guilty to a lesser offense. Instead of murder, he
pleaded guilty to homicide. Is he entitled to any
mitigating circumstance?
A: No. However, in People vs. Coronel, G.R. No. L19091, June 30, 1966, the penalty was reduced from
death penalty to life imprisonment in view of the fact
that the prosecutor amended the information to
reflect the lesser charge of homicide, instead of
murder, and the accused pleaded guilty to this
amended information.
Q: What if A, in the above example, pleaded
guilty during preliminary investigation?
A: This is not contemplated under the law. A plea of
guilty made before a prosecutor or municipal court
during preliminary investigation is no plea at all.
NOTA BENE: Even if the accused pleaded guilty to
the offense charged, conviction does not
automatically follow. Prosecution must still present
evidence in order to prove guilt beyond reasonable
doubt.
VIII. Deaf/Dumb/Blind
- BASIS: because of the physical defect, accused
does not have complete freedom of action

outraged feeling of owner of animal taken


for random analogous to vindication of a
grave offense
outraged feeling of creditor, similar to
passion and obfuscation
esprit de corps, similar to passion and
obfuscation
voluntary restitution of stolen property,
similar to voluntary surrender
extreme poverty and necessity, similar to
incomplete justification based on state of
necessity

AGGRAVATING CIRCUMSTANCES
- there is a crime, there is a criminal and the penalty
is aggravated
- RATIONALE: greater perversity of the offender as
shown by:
(1) motivating power itself
(2) place of commission
(3) means and ways employed
(4) time
(5) personal circumstances of the offender or of the
offended party
- must be alleged in the information and proven
during trial
KINDS:
(1) Generic
- generally apply to all crimes
- dwelling, nighttime, recidivism
(2) Specific
- apply only to particular crimes
- ignominy in crimes against chastity
(3) Qualifying
- change the nature of the crime
- alevosia (treachery) in killing a person
qualifies the act to murder
(4) Inherent
- must of necessity accompany the
commission of the crime
- evident premeditation in robbery, theft,
estafa, adultery and concubinage
QUALIFYING AGGRAVATING vs. GENERIC
AGGRAVATING
1. G: if not offset by mitigating, increases the penalty
to the maximum without exceeding the limit
provided by law; Q: the law specifically provides a
penalty
2. G: may be offset by mitigating; Q: cannot be offset
by mitigating
Art. 14. Aggravating circumstances. The following are
aggravating circumstances:
1. That advantage be taken by the offender of his public
position.
2. That the crime be committed in contempt of or with insult to
public authorities.
3. That the act be committed with insult or in disregard of the
respect due the offended party on account of his rank, age, or
19. That as a means to the commission of a crime a wall, roof,
floor, door, or window be broken.
20. That the crime be committed with the aid of persons under
fifteen years of age, or by means of motor vehicle, airships, or
other similar means.
21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not necessary
for its commission.

AGGRAVATING CIRCUMSTANCES:
1. Advantage taken of public position
2. In contempt of or with insult to public authorities
3. With insult or disregard of respect, dwelling
4. Abuse of confidence or obvious ungratefulness
5. Palace of the President, in his presence, place
where public authorities are engaged in the
performance of duties, and religious places
6. Nighttime, uninhabited place, by a band
7. Conflagration, shipwreck, earthquake, epidemic
8. Aid of armed men or persons who afford impunity

sex, or that it be committed in the dwelling of the offended


party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or
obvious ungratefulness.
5. That the crime be committed in the palace of the Chief
Executive, or in his presence, or where public authorities are
engaged in the discharge of their duties or in a place dedicated
to religious worship.
6. That the crime be committed in the nighttime or in an
uninhabited place, or by a band, whenever such circumstances
may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted
together in the commission of an offense, it shall be deemed to
have been committed by a band.
7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic, or other
calamity or misfortune.
8. That the crime be committed with the aid of armed men or
persons who insure or afford impunity.
9. That the accused in a recidivist.
A recidivist is one who, at the time of his trial for one crime,
shall have been previously convicted by final judgment of
another crime embraced in the same title of this Code.
10. That the offender has been previously punished for an
offense to which the law attaches an equal or greater penalty or
for two or more crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price,
reward, or promise.
12. That the crime be committed by means of inundation, fire,
poison, explosion, stranding of a vessel or intentional damage
thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.
13. That the act be committed with evident premeditation.
14. That craft, fraud, or disguise be employed.
15. That advantage be taken of superior strength or means be
employed to weaken the defense.
16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes
against person, employing means, methods or forms in the
execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which
the offended party might make.
17. That means be employed or circumstances brought about
which add ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by a way
not intended for the purpose.

9. Recidivist
10. Habitual delinquent
11. Price, reward or promise
12. Inundation, fire, poison, explosion, stranding of
a vessel, derailment of a locomotive
13. Evident premeditation
14. Craft, fraud or disguise
15. Superior strength or means used to weaken
defense
16. Treachery (alevosia)
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor, door or window broken
20. Aid of persons under 15 or by means of motor
vehicle, airships
21. Deliberately augmenting wrong done
I. Advantage Taken of Public Position

- a public officer who takes advantage of his public


position
- ISSUE: Did the accused abuse his office in order to
commit the crime
- uses the influence, prestige or ascendancy of his
public position
- the act must be connected with the duties of his
office
- INHERENT: malversation, falsification of
document committed by public officers; crimes
committed by public officers
II. In Contempt of or with Insult to Public
Authorities
REQUISITES:
(1) Public authority is engaged in the exercise of his
functions
(2) Public authority is not the offended party
(3) Knowledge of offender that person is a public
authority
(4) Presence of public authority does not prevent
accused to commit the act
PUBLIC AUTHORITY - public officer who has the
power to govern and execute the laws
NOTA BENE:

This aggravating circumstance is not


present when the crime is committed in the
presence of an agent only.

If the crime is committed against a public


authority while he is in the performance of
his official duty, the crime is direct assault.

Lack of knowledge on the part of the


offender that a public authority is present
indicates lack of intention to insult.
III. With Insult or In Disregard of Respect Due on
Account of Rank, Age or Sex/Dwelling
- four aggravating circumstances
WITH INSULT OR In DISREGARD OF
RESPECT DUE - evidence that in the commission
4. When the owner of the dwelling gave sufficient
and immediate provocation
5. When the dwelling where the crime was
committed did not belong to the offended party
6. When the rape was committed in the ground floor
of a two-story structure, the lower floor being used as
a video rental store and not as a private place of
abode or residence
NOTA BENE:

The room of a bedspacer of a


boardinghouse constitutes dwelling.

Dwelling is not synonymous with


domicile, thus guests in a home are still
covered.
IV. Abuse of Confidence/Obvious Ungratefulness
ABUSE OF CONFIDENCE - when the offended
party has trusted the offender who later abuses such
trust by committing the crime
REQUISITES:
(1) Offended party trusted the offender
(2) Offender abused such trust by committing a
crime against the offended party

of the crime, the accused deliberately intended to


offend or insult the sex or age of the offended party
- applicable only to crimes against persons or honor
DWELLING - a building or structure, exclusively
used for rest and comfort
- the offended party must not give provocation to the
offender
- includes dependencies, the foot of the staircase and
enclosure under the house
Provocation - given by the owner of the dwelling;
sufficient; immediate to the commission of the crime
Q: A has a quarrel with B. One day, he stands
outside the house of B, waiting for the latter to
appear by the window in order to shoot him with
a gun. Before long, B appeared by the window
and A shot him from outside, killing him
immediately. May dwelling be considered an
aggravating circumstance?
A: Yes. It is not necessary that the accused was
inside the house. It is enough that the victim was
inside the house when the crime was committed.
Q: Suppose in the above example, A, instead of
waiting for B to appear by the window, decided to
enter the house of the latter. When he found B
inside, he dragged the latter outside where he
killed him. Is dwelling aggravating?
A: Yes. Provided that the commission of the crime
was begun in the dwelling, the act, even if finished
outside the dwelling, is still aggravated.
Dwelling not Aggravating:
1. When both offender and offended are occupants of
the same house
(except in the case of adultery by the wife
committed in the home of the husband)
2. When the robbery is committed by the use of force
upon things
3. In the crimes of trespass to dwelling
(3) Abuse of confidence facilitated the commission of
the crime
Abuse of Confidence not Aggravating:
1. Malversation
2. Qualified theft
3. Estafa by conversion or misappropriation
4. Qualified seduction
V. Palace of the Chief Executive/In his
Presence/Where Public Authorities are Engaged
in the Discharge of Duties/Place Dedicated for
Religious Worship
PUBLIC AUTHORITIES ARE ENGAGED IN
THE DISCHARGE OF DUTIES vs. CONTEMPT
OR INSULT TO PUBLIC AUTHORITIES
1. In the first, public authorities who are in the
performance of their duties must be in their office;
while in the second, the public authorities are
performing their duties outside of their offices
2. In the first, the public authority may be the
offended party; while in the second, the public
authority must not be the offended party
NOTA BENE:

If it is the Malacanang Palace or a church,


it is aggravating, regardless of whether
State or official or religious functions are
being held.
The Chief of Executive need not be in
Malacanang Palace and he need not be
engaged in the discharge of his duties.
But as regards public authorities, they must
be engaged in the performance of their
duties.
It is not aggravating if the killing occurred
in the adjoining room of the courtroom and
the court had already adjourned.
The offender must have intention to commit
a crime when he entered the place.

VI. Nighttime/Uninhabited Place/Band


- if all three are present, they should be considered
separately when their elements are distinctly
perceived and can subsist independently
When Aggravating:
1. Facilitated the commission of the crime
2. Especially sought for by the offender to insure the
commission of the crime, or for the purpose of
impunity
3. Offender took advantage thereof for hte purpose of
impunity
NIGHTTIME - that period of darkness beginning at
end of dusk and ending at dawn; from sunset to
sunrise
Nighttime not Aggravating:
1. Crime began at daytime and finished at nighttime
2. If there is light of sufficient brilliance

If there are three armed men or less, aid of


armed men may be the aggravating
circumstance.
IX. Recidivism
RECIDIVIST - one who, at the time of his
trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced in the same title of
the RPC
REQUISITES:
1. Offender is on trial for an offense
2. Previously convicted by final judgment of
another crime
3. Both the first and the second offenses are
embraced in the same title of the Code
4. Offender is convicted of the new offense
At the time of trial - from arraignment
until after sentence is announced by the
judge in open court
When Judgment becomes final:
1. After the lapse of the period for
perfecting an appeal
2. When the sentence has been partially or
totally satisfied or served
3. The defendant has expressly waived in
writing his right to appeal
4. The accused has applied for probation

UNINHABITED PLACE - where there are no


houses at all, a place at a considerable distance from
town, or where the houses are scattered at a great
distance from each other
- ISSUE: whether or not in the place of the
commission of the offense there was a reasonable
possibility of the victim receiving some help
BAND - more than three armed malefactors who
shall have acted together in the commission of an
offense
- all the armed men, at least four in number, must
take direct part in the execution of the crime
- inherent in brigandage
- also known as cuadrilla
VII. Conflagration/Shipwreck/Earthquake/
Epidemic/Other Calamity or Misfortune
- offender must have taken advantage of the calamity
or misfortune
VIII. With the Aid of Armed Men or Persons who
Insure or Afford Impunity
REQUISITES:
1. Armed men or persons took part in the
commission of the crime, directly or indirectly
2. Accused availed himself of their aid or relied upon
them when the crime was committed
NOTA BENE:

If there are four armed men, aid of armed


men is absorbed in employment of a band.

NOTA BENE:

To prove recidivism, it is necessary to


allege the same in the information and to
attach thereto certified copy of the
sentences rendered against the accused.

There is recidivism even if the lapse of time


between two felonies is more than ten years.

Pardon does not obliterate the fact that the


accused was a recidivist; but amnesty
extinguishes the penalty and its effects.

X. Reiteracion/Habituality

REQUISITES:

1. Accused is on trial for an offense

2. He previously served sentence for another


offense to which the law attaches an equal
or greater penalty, or for two or more crimes
to which it attaches lighter penalty than that
for the new offense

3. He is convicted of the new offense

Has been previously punished - the


accused previously served sentence for
another offense or sentences for other
offenses before his trial for the new offense

RECIDIVISM vs. REITERACION

1. Reiteracion: offender shall have served


out his sentence for the first offense;
Recidivism: enough that a final judgment
has been rendered int eh first offense

2. Reiteracion: previous and subsequent


offenses must not be embraced in the same
title of the Code; Recidivism: offenses be
included int eh same title of the Code
3. Reiteracion: not always an aggravating
circumstance; Recidivism: always to be
taken into consideration in fixing the
penalty to be imposed upon the accused
NOTA BENE: Reiteracion is not taken into
account if the penalty for the crime of
murder would be death and the offenses for
which the offender has been previously
convicted are against property and not
directly against persons.
Four Forms of Repetition:
1. Recidivism
2. Reiteracion or habituality
3. Multi-recidivism or habitual
delinquency

- when a person, within a


period of ten years from the date of his
release or last conviction of the crimes of
serious or less serious physical injuries,
robbery, theft, estafa or falsification, is
found guilty of any of said crimes a third
time or oftener; additional penalty
4. Quasi-recidivism

- any person who shall


commit a felony after having been convicted
by final judgment, before beginning to serve
such sentence, or while serving the same,
shall be punished by the maximum period
of penalty prescribed by law for the new
felony
XI. In Consideration of Price, Reward or
Promise
1. Time when the offender determined to
commit the crime
2. Act manifestly indicating that the culprit
has clung to his determination
3. Sufficient lapse of time between the
determination and execution
NOTA BENE:
Where conspiracy is directly established,
the existence of evident premeditation can
be taken for granted.
But when conspiracy is only implied,
evident premeditation may not be
appreciated in the absence of proof of the
latter.
As a general rule, price or reward implies
premeditation. The latter is absorbed by
reward or promise.
Evident premeditation may not be taken
into account if the defendant killed the
wrong person. But if the defendant planned
to kill not only the intended victim but also
anyone who tried to help him, then it is
aggravating.
XIV. Craft, Fraud, Disguise
CRAFT - involves intellectual trickery and
cunning on the part of the accused; a

- presupposes that there are two or more


principals the one who offers the reward
and the other who receives it
- it affects not only the person who received
the price or reward but also the person who
gave it
- if the price, reward or promise is alleged
in the information as a qualifying
aggravating circumstance, it shall be
considered against all the accused, it being
an element of the crime of murder
- the reward or promise must be for the
purpose of INDUCING another to commit
the crime
- so if the reward or price is given only after
the commission of the price as an
expression of appreciation, then it is not
aggravating because the accused already
made up his mind to commit the crime
XII. Inundation, Fire, Poison, Explosion,
Stranding of a Vessel or Intentional
Damage Thereto, Derailment of a
Locomotive / Any other artifice involving
great waste and ruin
- when another aggravating circumstances
already qualifies the crime, any of htese
aggravating circumstances shall be
considered as generic aggravating
circumstance only
XIII. Evident Premeditation
EVIDENT PREMEDITATION - the
criminal act must be preceded by cool
thought and reflection
REQUISITES: (prosecution must prove
each one)
chicanery resorted to by the accused to aid
in the execution of his criminal design
FRAUD - insidious words or machinations
used to induce the victim to act in a manner
which would enable the offender to carry
out his design
CRAFT vs. FRAUD
- F: when there is a direct inducement by
insidious words or machinations; C: the act
of the accused is done in order not to arouse
the suspicion of the victim
DISGUISE - resorting to any device to
conceal identity
XV. Superior Strength / Weaken the
Defense
Advantage of superior strength - to use
purposely excessive force out of proportion
to the means of defense available to the
person attacked
- there must be proof that the accused is
physically stronger and that he abused such
superiority
- may also mean numerical superiority

ABUSE OF SUPERIOR STRENGTH vs.


BY A BAND
1. B: more than three armed malefactors
regardless of the comparative strength of
the victim; SS: the culprits took advantage
of their collective strength to overpower
their relatively wearker victim
Abuse of Superior Strength not
aggravating:
1. Treachery
2. Abuse of superior strength absorbs by a
band - both abuse of superior strength and
by a band are absorbed in treachery
Means employed to weaken the defense
- when the offender employs means in order
to materially weaken the defense of the
victim
- applicable only to crimes against persons,
and sometimes against person and property,
such as robbery with physical injuries or
homicide
NOTA BENE: When it was impossible for
the victim to put up any sort of resistance at
the time he was attacked, treachery may be
considered.
XVI. Treachery (Alevosia)
TREACHERY - crimes against the person,
employing means, methods or forms in the
execution thereof which tend directly and
specially to insure its execution, without
risk to himself arising from the defense
which the offended party might make
- offended party was not given opportunity
to make a defense
When the accused gave the deceased a
chance to prepare, there was no treachery.
Nor is there is treachery when the attack is
preceded by a warning.
There is treachery in killing a child.
Intent to kill is not necessary in murder
with treachery.
Treachery should be taken into account
even if the deceased was face to face with
his assailant at the time the blow was
delivered, where it appears that the attack
was not preceded by a dispute and the
offended party was unable to prepare
himself for his defense.
Treachery must be proved by clear and
convincing evidence.
When the aggression is continuous,
treachery must be present in the beginning
of the assault.
But when the assault was not continuous, in
that there was an interruption, it is
sufficient that treachery was present at the
moment the fatal blow was given.
In treachery, it makes no difference whether
or not the victim was the same person
whom the accused intended to kill.

Rules regarding treachery:


1. Applicable only to crimes against the
person
2. Means, methods or forms need not insure
accomplishment of the crime (only its
execution)
3. Mode of attack must be consciously
adopted
NOTA BENE:
Treachery cannot be presumed.
For treachery to be considered, it must be
consciously adopted by the accused as a
mode of attack.
Treachery cannot be considered when there
is no evidence that the accused has, prior
to the moment of the killing, resolved to
commit the crime, or there is no proof that
the death of the victim was the result of
meditation, calculation or reflection.
Where the meeting between the accused
and the victim is casual and the attack
impulsively done, there is no treachery.
REQUISITES:
1. At the time of the attack, the victim was
not in a position to defend himself
2. Offender consciously adopted the
particular means, method or form of attack
employed by him
ADDENDUM:
Treachery is properly appreciated where the
victim was not in a position to defend
himself.
But treachery does not connote the element
of surprise alone. Mere sudden and
unexpected attack does not necessarily give
rise to treachery.
When it is not shown that the principal by
induction directed or induced the killer of
the deceased to adopt the means or
methods actually used by the latter in
accomplishing the murder, treachery cannot
be taken into consideration as to the
former.
TREACHERY vs. ABUSE OF
SUPERIOR STRENGTH vs. MEANS
EMPLOYED TO WEAKEN THE
DEFENSE
- T: means, methods or forms of attack are
employed by the offender to make it
impossible or hard for the offended party to
put up any sort of defense
- A: does not employ means, methods or
forms of attack but merely takes advantage
of his superior strength
- M: the means employed only materially
weakens the resisting power of the offended
party
Treachery vis-a-vis other crimes:
(1) Treachery, evident premeditation and
abuse of superior strength absorbed in
treason

(2) Treachery absorbs abuse of superior


strength, aid of armed men, by a band and
means to weaken the defense
(3) Nighttime inherent in treachery (except
if it can be perceived distinctly therefrom)
(4) Craft is absorbed in treachery
(5) Disregard of age and sex included in
treachery
(6) Treachery inherent in murder by
poisoning
(7) Treachery cannot co-exist with passion
or obfuscation

XIX. As a Means to Committing the


Offense Wall, Roof, Floor, Door or
Window Broken

- the breaking of wall, roof, floor, door or


window must be resorted to as a means to
commit the crime

- Sec. 11, Rule 113: An officer, in order to


make an arrest, either by virtue of a
warrant, or without a warrant as provided in
Section 5, may break into any building or
enclosure where the person to be arrested is
or is reasonably believed to be, if he is
refused admittance thereto, after
announcing his authority and purpose.

XVII. Ignominy
IGNOMINY - circumstance pertaining to
the moral order, which adds disgrace and
obloquy to the material injury caused by the
crime

- Sec. 7, Rule 126: The officer, if refused


admittance to the place of directed search
after giving notice of his purpose and
authority, may break open any outer or
inner door or window of a house or any part
of a house or anything therein to execute the
warrant or liberate himself or any person
lawfully aiding him when unlawfully
detained therein.

Application:
(1) Crimes against chastity
(2) Less serious physical injuries
(3) Light or grave coercion
(4) Murder
- means are employed or circumstances
brought about must tend to make the effects
of the crime more humiliating or to put the
offended party to shame
- add to the victims moral suffering
NOTA BENE: If the dismemberment of the
victims body happened after he was
already dead, there is no ignominy.
XVIII. Unlawful Entry
UNLAWFUL ENTRY - when an entrance
is effected by a way not intended for the
purpose
- to effect entrance and to escape
- this absorbed in trespass to dwelling
Estafa, which is committed by means of
deceit or abuse of confidence, cannot be
committed by means of motor vehicle.
Theft, which is committed by merely taking
personal property which need not be
carried away, cannot be committed by
means of motor vehicles. But if motor
vehicle was used to transport the stolen
items from the scene of the theft to a place
where they can be sold, it is aggravating.
Use of motor vehicles is appreciated in
forcible abduction.
XXI. Deliberately Augmenting the Wrong
Done By Causing Other Wrong not
Necessary for Commission of Crime
CRUELTY - when the culprit enjoys and
delights in making his victim suffer slowly
and gradually, causing him unnecessary

XX. Aid of Persons under 15 / Means of


Motor Vehicles, Airships, or other similar
means
- accused has taken advantage of the
irresponsibility of minors
- to counteract the tendency of modern
criminals to use great facilities to commit
crimes and abscond afterwards

Use of motor vehicles - accused used the


motor vehicle in going to the place of the
crime, in carrying away the effects thereof,
and in facilitating their escape

NOTA BENE:
When the use of motor vehicle is only
incidental, it is not aggravating.
physical pain in the consummation of the
criminal act

REQUISITES:
1. Injury caused be deliberately increased by
causing other wrong
2. The other wrong be unnecessary for the
execution of the purpose of the offender

- accused must have deliberate intention to


prolong the physical suffering of the victim

ALTERNATIVE CIRCUMSTANCES
- taken into consideration as aggravating or
mitigating according to the nature and
effects of the crime and other conditions
attendant

Art. 15. Their concept. Alternative circumstances are


those which must be taken into consideration as

aggravating or mitigating according to the nature


and effects of the crime and the other conditions
attending its commission. They are the relationship,
intoxication, and the degree of instruction and
education of the offender.
The alternative circumstances of relationship shall be
taken into consideration when the offended party is
the spouse, ascendant, descendant, legitimate,
natural, or adopted brother or sister, or relative by
affinity in the same degree of the offender.
The intoxication of the offender shall be taken into
consideration as a mitigating circumstance when the
offender has committed a felony in a state of
intoxication, if the same is not habitual or subsequent
to the plan to commit the felony; but when the
intoxication is habitual or intentional, it shall be
considered as an aggravating circumstance.

I. Relationship
RELATIONS:
1. Spouse
2. Ascendant
3. Descendant
4. Legitimate, natural, or adopted brother or
sister
5. Relative by affinity in the same degree of
the offender
NOTA BENE;
The relationships between stepmother and
stepdaughter and adopted parents and
adopted child are included by analogy to
ascendant and descendant.
Relationship between niece and uncle is not
included.
When mitigating:
(1) Crimes against property, ex. robbery,
usurpation, fraudulent insolvency, arson
(2) In less serious / slight physical injuries,
if the offended party is a relative of lower
degree than the offender
(3) Trespass to dwelling
When aggravating:
(1) Crimes against persons
1. Crimes against property, such as estafa,
theft, robbery, arson
2. Crimes against chastity
3. Treason
4. Murder

(2) In less serious / slight physical injuries,


if the offended party is a relative of higher
degree than the offender
(3) In homicide or murder
(4) Crimes against chastity
NOTA BENE: Relationship is neither
mitigating nor aggravating when it is an
element of the offense e.g. parricide,
adultery and concubinage.
II. Intoxication
When mitigating:
(1) If intoxication is not habitual
(2) If intoxication is not subsequent to the
plan to commit a felony
When aggravating:
(1) If intoxication is habitual
(2) If it is intentional (subsequent to the
plan to commit a felony)
NOTA BENE:
Intoxication is intentional when the
offender drinks liquor fully knowing its
effects, to find in the liquor a stimulant to
commit a crime or a means to suffocate any
remorse.
Drunkenness must be proved. Presumption
is that drunkenness is accidental and
intentional.
Drunkenness must affect the mental
faculties of the accused.
Non-habitual intoxication, lack of
instruction and obfuscation are not to be
taken separately.
III. Degree of Instruction and Education
of the Offender
When mitigating:
(1) GR: Low degree of instruction and
education or lack of it
EXCEPTIONS:
PERSONS CRIMINALLY LIABLE FOR
FELONIES

When aggravating:
(1) High degree of instruction and
education, when the offender avails himself
of his learning in committing the crime

NOTA BENE:
Not illiteracy alone, but also lack of
sufficient intelligence are necessary to
invoke the benefit of the alternative
circumstance of lack of instruction.
Lack of instruction must be proved by the
defense.
The question of lack of instruction cannot
be raised for the first time in appellate
court.

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


criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals.
2. Accomplices.

- treble division of persons criminally liable


- GRAVE: capital or afflictive
- LESS GRAVE: correctional
- LIGHT: one month or P200 fine
Rules on light felonies:
(1) Light felonies are punishable only when
they have been consummated (Art. 7).

(2) But when light felonies are committed


against persons or property, they are
punishable even if they are only in the
attempted or frustrated stage of execution
(Art. 7).
(3) Only principals and accomplices are
liable for light felonies (Art. 16).
(4) Accessories are not liable for light
felonies, even if they are committed against
persons or property (Art. 16).

- GR: only natural persons can be active


subjects of the crime; officers, not the
corporation, are liable for crimes
- EXC: under certain special laws,
corporations can be held criminally liable
and be fined
- GR: the dead and the animals have no
rights and cannot therefore be the passive
subject of crimes
- EXC: Art. 353 provides that crime of
defamation may be committed if the
imputation tends to blacken the memory of
one who is dead

REQUISITES:
1. Two or more persons participated in the
criminal resolution (decision to commit the
crime)

- conspiracy

- unity in purpose, unity in


execution

- distinguish from criminal design


(purpose to commit a crime)

2. Carried out their plan and personally


took part

Q: What is the effect if only the first


requisite is present?

A: There is no crime committed because


the rule is that mere conspiracy to commit
a crime is not a felony, with few exceptions.

Q: A, B, C & D decided to beat up Z. As


they carried out their plan, D, carried
away by the heat of the moment, pulled
out his knife and stabbed Z with it,
thereby killing him. Are A, B, C & D all
liable for homicide?

A: Yes, because when there is conspiracy


attendant in the commission of the offense,
the rule is that all the conspirators are
liable for all the consequences of the act,
regardless of their individual participation.
The act of one is the act of all. It must
however be noted that conspiracy must be
proved as a fact beyond reasonable doubt.

Q: A, B, C & D conspired to rob Z.


During the execution of the felony, Z
fought back, as a result of which, he was
killed. What is the effect of Zs death on
the liability of the offenders?

NOTA BENE: It is important to determine


the degree of participation for the purpose
of imposing penalty.

Art. 17. Principals. The following are considered


principals:
1. Those who take a direct part in the execution of the
act;
2. Those who directly force or induce others to
commit it;
3. Those who cooperate in the commission of the
offense by another act without which it would not
have been accomplished.

Kinds of Principals:
(1) Principal by direct participation
(2) Principal by induction
(3) Principal by indispensable cooperation
I. Principal by Direct Participation
- personally take part
- GR: present at the crime scene at the time
crime is committed
A: All the offenders are liable for the death
of Z. Under Article 4, the offender is
responsible for all the natural
consequences of his act, regardless of
whether or not he intended for such
consequence to happen. In robbery, the
resistance of the victim is a foreseeable
consequence of the act. Thus, Article 4
comes into play.
Q: A, B, C & D agreed to rob Z.
However, in the course of the execution of
the act, rape was also committed by B.
Are A, C & D also liable for the rape
committed by B?
A: In this instance, only B should be held
answerable for the crime of rape. This is so
despite the proof of conspiracy between all
four of the offenders. Article 4 of the RPC,
which states that the offender is responsible

- EXC: (People vs. Santos) Co-accused


Santos task was to take the victim from her
house and bring her to the other accused.
Afterwards, he did not anymore take part in
the next succeeding incidents. Supreme
Court held him as principal by direct
participation even though he was not
personally present because the crime was
committed after he already played his part
in it.

for all the natural consequences of his act,


does not apply, because rape is not a
foreseeable nor a natural consequence of
the crime of robbery.

Q: A and B conspired to kill Z. While


hiding behind a tree, waiting for Z, X
happened to pass by. Thinking that X was
Z, A and B attacked X but it was B who
actually killed X. Is A liable for the act of
B also, if conspiracy is proven?
A: A cannot be held liable for the killing of
X, because the criminal resolution arrived
at by A and B was to kill a particular
person, Z. However, it was X who was
killed. Thus, as regards A, the first requisite
of participation in the criminal resolution is
absent.

Q: Suppose in the above example, A and


B conspired to kill Z and any person who
might happen to pass by and help him the
latter. Is A liable?
A: In that case, then A is liable for the
killing even though it was B who actually
killed X. This is because in conspiracy, the
act of one is the act of all. The criminal
resolution was to kill Z and anyone who
happened to pass by. Thus, all the
requisites to hold a person responsible as
principal by direct participation are
present.
NOTA BENE:
Conspiracy must be proved by direct
evidence, or in the absence of which, by
circumstantial evidence.
There must be proof of conspiracy beyond
reasonable doubt, otherwise, the accused
shall be held individually for their
respective liabilities.
In robbery by a band, even if one accused
did not join in the criminal resolution, he is
still liable for all the acts fo the others so
long as: (1) he was present at the crime
scene; and (2) he did not attempt to prevent
the act from being done.
In multiple rape, each of the accused is
equally liable for each rape.
II. Principal by Induction
- can only be held liable if a principal by
direct participation committed the act
Two ways:
(1) by directly forcing another

- irresistible force

- uncontrollable fear
(2) by directly inducing another

- offering reward/promise

- words of command/utterances
REQUISITES:
1. Inducement made directly with the
intention of procuring the commission of
the crime
2. Induce is the determining cause of the
commission
- In the first, the principal by inducement
becomes liable only when the crime is
committed by the principal by direct
participation; in the second, the mere
proposal to commit a felony is punishable in
treason or rebellion and the person to whom
proposal was made should not commit the
crime because otherwise the one who
proposed becomes liable as principal by
inducement
- In the first, the inducement involves any
crime; in the second, the proposal to be
punishable must involve only treason or
rebellion
III. Principal by Indispensable
Cooperation

- this presupposes that the


inducement was given prior to the commission and
that it is material

Q: X promised to give Y P1M if Y would


kill Z. It turns out that Y has a grudge
against Z and has already made plans to
kill him prior to Xs offer. Is X liable as a
principal by induction?

A: No. The second requisite is not present.

Requisites for words of


commands/utterances:

(1) The one uttering the words of command


must have the intention of procuring the
commission of the crime

(2) The one who made the command must


have an ascendancy or influence over the
person who acted

- not necessary if theres


conspiracy

(3) The words used must be so direct, so


efficacious, so powerful as to amount to
physical or moral coercion

(4) The words of command must be uttered


prior to the commission of the crime

(5) The material executor of the crime has


no personal reason to commit the crime

NOTA BENE:

One who planned the crime committed by


another is a principal by inducement.

But if the crime committed is not


contemplated in the order given, the
inducement is not material and not the
determining cause thereof.

Conspiracy is negatived by the acquittal by


co-defendant. Thus, the principal by
inducement cannot be held guilty if the
induced himself is not guilty.

EXCEPTION: If the induced was acquitted


because he acted without malice or intent
(like in an exempting circumstance), it does
not necessarily follow that the principal by
inducement should also be acquitted.

PRINCIPAL BY INDUCEMENT vs.


OFFENDER WHO MADE PROPOSAL
TO COMMIT A FELONY

- In both, there is an inducement to commit


a crime

Cooperate - to desire to wish in common


a thing, but that common will or purpose
does not necessarily mean previous
understanding, for it can be explained or
inferred from the circumstances of each
case

REQUISITES:

1. Participation in the criminal resolution,


that is, there is either anterior conspiracy or
unity of criminal purpose and intention to
immediately before the commission of the
crime charged

2. Cooperation in the commission of the


offense by performing another act, without
which it would not have been accomplished

- indispensable

- by another act

Q: X and Y are friends. X wants to kill Z,


who lives in a remote island and the only
way to get there is by boat. X borrows Ys
boat, telling him that he needs it because
he wants to kill Z. Y agrees and lends him
the boat. Once at the place, X kills Z.
What is the participation of Y?
A: Y is a principal by indispensable
cooperation.

Art. 18. Accomplices. Accomplices are the persons


who, not being included in Article 17, cooperate in
the execution of the offense by previous or
simultaneous acts.

- also called accessory before the fact


- did not participate in deciding to commit
the crime, merely concurred
ACCOMPLICE - one who does not take a
direct part in the commission of the act,
who does not force or induce others to
commit it, or who does not cooperate in the
commission of the crime by another act
without which it would have been
accomplished, yet cooperates in the
execution of the act by previous or
simultaneous actions
ACCOMPLICE vs. CONSPIRATOR:
- A: does not decide to commit the crime
but merely concurs and cooperates; C:
decides that a crime be committed
- A: merely an instrument who does acts not
essential to the perpetration of the crime; C:
author of the crime
REQUISITES:
1. Community of design

- refers to the purpose


2. Cooperate by previous or simultaneous
acts

- material or moral aid

- only necessary, not indispensable


3. Relation between acts of the principal
and acts of the accomplice
NOTA BENE:
In case of doubt as to whether principal or
accomplice, the accused should be held as
accomplice only.
The rule is that the court should favor the
milder form of liability.
If the role played by co-accused is of minor
character, court may equitably reduce the
liability by charging him as accomplice
only.
The wounds inflicted by an accomplice in
crimes against persons should not have
caused the death of victim.
A: It does not necessarily follow that one
who has possession of stolen property is an
accessory to the crime of theft. As a matter
of fact, the rule is that a person who has
unexplained possession of stolen property is
presumed to be the culprit. In the present
case, for C to be considered an accessory,
it must be proven that C had knowledge
that the property was stolen. Cs knowledge

Q: A attacked B with his fists. C, a friend


of A, seeing the incident, decided to
participate and stabbed B, thereby killing
him. What is the participation of A and
C?
A: A and C are individually liable for each
of their acts. There is obviously no
conspiracy between the two since it was
only C, the one who gave the more serious
wound, who had the original criminal
design. A could not have concurred in Cs
criminal design because the former was the
first to strike B but when C stabbed B, A did
nothing more.
Q: Suppose in the above example, after C
stabbed B, A resumed giving fist blows to
the latter. Would the answer be the same?
A: A should be held liable as accomplice.
This is because after C stabbed B, A still
struck B, thus showing his concurrence in
Cs criminal design.

Art. 19. Accessories. Accessories are those who,


having knowledge of the commission of the crime,
and without having participated therein, either as
principals or accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the offender to
profit by the effects of the crime;
2. By concealing or destroying the body of the crime
or the effects or instruments thereof, in order to
prevent its discovery;
3. By harboring, concealing, or assisting in the escape
of the principal of the crime, provided the accessory
acts with abuse of his public functions or whenever
the author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some
other crime.

- also called accessory after the fact or


encubridor
- must have knowledge of the commission
of the crime, and having that knowledge, he
took part subsequent to its commission
- the crime committed by the principal
should not be a light felony
REQUISITES:
1. Knowledge of the commission
2. No participation, either as principal or
accomplice
3. Take part subsequent to the commission
Q: A stole Bs cellphone. Later, A sold the
cellphone to C. Is C an accessory?

is material to hold him liable as an


accessory.

Q: X, the child of A, shot Y. Upon seeing


the act, A took part by throwing stones at
Y, who subsequently died. X and A then
buried Ys body to conceal the crime. Can
X or A be accessory?

A: Neither one of them is an accessory. An


accessory is one who, not being a principal
nor an accomplice, has knowledge of the
commission of the crime and having that
knowledge, subsequently takes part in the
commission by either profiting from the
effects, aiding the author to escape, or
concealing the commission. In the present
case, X is a principal while A is an
accomplice.
Q: X stole Ys diamond ring. Afterwards,
X told his wife, W, about the incident.
While X slept, W took the diamond ring
and sold it. Is W an accessory?
A: No, W is not an accessory but a
principal in the crime of theft. Even stolen
property is subject of theft.

2 Kinds of Accessory under Par. 3:


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

REQUISITES:

1. Public officer

2. Harbors, conceals or assists in


escape of principal

3. Abuse of public functions

4. Any crime, provided not a light


felony

(2) Private persons who harbor, conceal or


assist in the escape of the author of the
crime - guilty of treason, parricide, murder,
or an attempt against the life of the
President, or who is known to be habitually
guilty of some other crime

REQUISITES:

1. Private person

2. Harbors, conceals or assists in


the escape of the author of the crime

3. Crimes of: treason, parricide,


murder, an attempt against the life of the President,
or that the principal is known to be habitually guilty
of some other crime

NOTA BENE:

Knowledge of the commission of the crime


may be acquired subsequent to the
acquisition of stolen property.

The knowledge of the commission of the


crime may be established by circumstantial
evidence.

The crime committed by the principal must


be proved beyond reasonable doubt.

An accessory should not be in conspiracy


with the principal.

A mayor who refused to prosecute offender


is accessory.

(1) Prevention
(2) Self-defense
(3) Reformation
(4) Exemplarity
(5) Justice

One who kept silent with regard to the


crime he witnessed is not an accessory.
But one who went to the authorities and
volunteered false information which tended
affirmatively to deceive the prosecuting
authorities and thus to prevent the
detection of the guilty parties and to aid
them in escaping discovery and arrest is
liable as accessory.
Accessorys liability is subordinate and
subsequent to the principal. So if the
prosecution cannot prove the crime, no
liability.
However, even if the principal is at large
but the crime is proven, accessory is still
liable.
ACCESSORY vs. PRINCIPAL vs.
ACCOMPLICE
- does not take direct part or cooperate in,
or induce, the commission fo the crime
- does not cooperate in the commission of
the offense by acts either prior thereto or
simultaneous therewith
- participation always takes place after the
commission of the crime

Art. 20. Accessories who are exempt from criminal


liability. The penalties prescribed for accessories shall
not be imposed upon those who are such with respect
to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives
by affinity within the same degrees, with the single
exception of accessories falling within the provisions
of paragraph 1 of the next preceding article.

- RATIONALE: ties of blood and the


preservation of the cleanliness of ones
name
- even if only two of the principals guilt of
murder are the brothers of the accessory and
the others are not related to him, such
accessory is exempt
- only applies in harboring or concealing
the principal or the crime
- does not apply if the accessory profited by
the effects of the crime

PENALTIES

- the suffering that is inflicted by the State


for the transgression of a law
Juridical Conditions of Penalty:
(1) Productive of suffering
(2) Commensurate with the offense
(3) Personal
(4) Legal
(5) Certain
(6) Equal
(7) Correctional
Theories justifying penalty:
Three-fold purpose:
(1) Retribution or expiation
(2) Correction or reformation
(3) Social-defense

Art. 21. Penalties that may be imposed. No felony shall


be punishable by any penalty not prescribed by law
prior to its commission.

Art. 22. Retroactive effect of penal laws. Penal laws


hall have a retroactive effect in so far as they favor
the person guilty of a felony, who is not a habitual
criminal, as this term is defined in Rule 5, 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.

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


pardon by 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.

- the pardon should be given before the case


is filed in court
- applicable to ACASA but not rape (no
longer a public offense)

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 fo
insanity or imbecility, or illness requiring their
confinement is 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 or public office


ruing the trial or in order to institute proceedings.

4. Fines and other corrective measures which, in the


exercise of their administrative or disciplinary
powers, superior officials may impose upon their
subordinates.

5. Deprivation of rights and the reparations which


the civil law may establish in penal form.

CLASSIFICATION OF PENALTIES

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:

Public censure
Penalties common to the three preceding classes:
Fine, and
Bond to keep the peace

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 cost.

LIFE IMPRISONMENT vs.


RECLUSION PERPETUA
- life imprisonment has no definite period
while reclusion perpetua is at most up to 40
yrs.

2 Classes of penalties:
1. Principal - expressly imposed by court in
the judgment

KINDS:

(1) Divisible

(2) Indivisible - death, reclusion


perpetua, perpetual absolute or special
disqualification, public censure

2. Accessory - deemed included

Classification according to subjectmatter:

1. Corporal (death)

2. Deprivation of freedom

3. Restriction of freedom

4. Deprivation of rights

5. Pecuniary

Classification according to gravity:

1. Capital

2. Afflictive

3. Correctional

4. Light

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


A fine, whether imposed as a single or 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 be less
than 200 pesos.

SCALE

PRINCIPAL PENALTIES

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
Light penalties:
Arresto menor

2. Reclusion temporal - 12 yrs 1 day to 20


yrs
3. Prision mayor and temporary
disqualification - 6 yrs 1 day to 12 yrs,

ACCESSORY PENALTIES

- AFFLICTIVE: over P6,000


- CORRECTIONAL: P200-P6,000
- LIGHT: less than P200

DURATION AND EFFECT OF


PENALTIES
Art. 27
1. Reclusion perpetua - 2- yrs 1 day to 40
yrs
except when disqualification is accessory to
penalty, in which case its duration is that of
the principal penalty

4. Prision correccional, suspension, and


destierro -6 mos 1 day to 6 yrs, except when
suspension is an accessory penalty, in which
case its duration is that of the principal
penalty
5. Arresto mayor - 1 mo and 1 day to 6 mos
6. Arresto menor - 1 day to 30 days
7. Bond to keep the peace - discretionary
upon the court
When destierro is imposed:
1. Serious physical injuries or death under
exceptional circumstances (Art. 247)
2. Failure to give bond for good behavior
(Art. 284)
3. Penalty for concubine in concubinage
(Art. 334)
4. After reducing the penalty by one or more
degrees destierro is the proper penalty

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 sentences.
Art. 29. Period of preventive imprisonment deducted
from term of imprisonment. Offenders or accused who
have undergone preventive imprisonment shall be
credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which
they have undergone preventive imprisonment if the
detention prisoner agrees voluntarily in writing 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.

Article 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 elective office or to be elected to such
office.

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.
- except leave credits (already earned)
Article 31. Effect of the penalties of perpetual or
temporary special disqualification. - The penalties of
perpetual or temporary 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.
Article 32. Effects 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.

- some authorities believe this does not


include the right to vote in a plebiscite

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.

3. The disqualification for the offices or public


employments and for the exercise of any of the rights
mentioned.

Article 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.
Article 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.
Article 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 its 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. (Read also Art.
284)
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, if he shall have
prosecuted for a grave or less grave felony, and shall
not exceed thirty days, if for a light felony.
Article 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.

Effects of pardon by President:


(1) Not restore the right to hold public office
or the right of suffrage, EXCEPT: express
restoration
(2) Not exempt culprit from civil indemnity,
EXCEPT: pardon is granted after the term
of imprisonment has expried

A pardon shall in no case exempt the culprit from the


payment of the civil indemnity imposed upon him by
the sentence.
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. (As amended by
Republic Act No. 5465, April 21, 1969.)

- must be stated in the judgment imposed by


judge, otherwise, no subsidiary penalty

Article 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 of
sentence, unless such accessory penalties have been
expressly remitted in the pardon.

Limitations on pardon:
(1) only after conviction
(2) does note extend to cases of
impeachment
Article 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.

What are included:


(1) Fees
(2) indemnities, in the course of judicial
proceedings
- chargeable to the accused in case of
CONVICTION
- ACQUITTAL: de offico (individual)
- discretionary upon court

Article 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.

Article 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.

Article 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
this article although pardoned as to the principal
penalty, unless the same shall have been expressly
remitted in the pardon.

Article 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 costs of the proceedings.
Article 39. Subsidiary penalty. - If the convict has no
property with which to meet the fine mentioned in
paragraph 3 of the next preceding article, he shall be
subject to a subsidiary personal liability at the rate of
one day for each 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 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 penalty 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 deprivation as those
of which the principal penalty consists.

Article 44. Arresto - Its accessory penalties. - The


penalty of arresto shall carry with it that of
suspension of the right to hold office and the right of
suffrage during the term of the sentence.

Article 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 the property of a third person not
liable for the offense, but those articles which are not
subject of lawful commerce shall be destroyed.

- confiscation can be ordered only if the


property is submitted in evidence or placed
at the disposal of the court
- GR: if confiscation is not stated in the
decision, it cannot be imposed
- EXC: when the accused has appealed,
confiscation and forfeiture not ordered by
the trial court, may be imposed by the
appellate court

APPLICATION OF PENALTIES

Rules for the application of penalties to


the persons criminally liable and for the
graduation of the same

Article 46. Penalty to be imposed upon principals in


general. - The penalty prescribed by law for the
commission of a felony shall be imposed upon the
principals in the commission of such felony.(Read
also Arts. 50 -51)
Article 47. In what cases the death penalty shall not be
imposed; Automatic review of death penalty cases. The death penalty shall be imposed in all cases in
which it must be imposed under existing laws, except
when the guilty person is below eighteen (18) years of
age at the time of the commission of the crime or is
more than seventy years of age or when upon appeal
or automatic review of the case by the Supreme
Court, the required majority vote is not obtained for
the imposition of the death penalty, in which cases the
penalty shall be reclusion perpetua.
In all cases where the death penalty is imposed by the
trial court, the records shall be forwarded to the
Supreme Court for automatic review and judgment
by the court en banc, within twenty (20) days but not
earlier than fifteen (15) days after the promulgation
of the judgment or notice of denial of any motion for
new trial or reconsideration. The transcript shall also
be forwarded within ten (10) days after the filing
thereof by the stenographic reporter. (As amended by
Section 22, Republic Act No. 7659.)

Article 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.(As amended by Act No. 4000.)

- at least two crimes must be committed

Kinds:
(1) Compound - single act, two or more
grave or less grave felonies (delito
conpuesto)
(2) Complex crime proper - an offense is a
necessary means to commit the other (delito
complejo)

Q: X, a gang member, killed A and B,


members of a rival gang. How many
counts of murder?
A: Two.
Q: Suppose X, looking for leaders of a
rival gang, found A and shot him. A did
not die but the bullet from Xs gun went
through A and also hit B, a waiter, killing
the latter. What is Xs liability to A? To
B?
A: X is liable for frustrated murder as
regards A. Murder as regards B. Thus, the
crime is murder with attempted murder.
This is an example of aberratio ictus.
Q: B shot P, a police officer, who did not
die, however. What is the crime?
A: Direct assault with attempted homicide.
Q: What if one of the other offenses in
only a light felony?
A: It is either absorbed (in violent crimes)
or treated as a separate offense.
Q: A boxed P, a police officer, subjecting
the latter to slight physical injuries. Is
there a complex crime?
A: Since slight physical injuries is merely a
light felony, then two things can happen:

Whenever the law prescribes a penalty for a felony in


general terms, it shall be understood as applicable to
the consummated felony.

- except if the law provides/fixes penalty for


frustrated or attempted
the slight physical injuries may either be
absorbed in direct assault. This usually
happens in violent crimes. Or, the slight
physical injuries could be treated as a
separate crime. There is no complex crime.
Q: City treasurer used public funds for
personal use. To facilitate the act, she
falsifies several documents. Is there
complex crime?
A: Yes. The falsification of public
documents is used in this case to facilitate
the act. So long as the act is necessary, but
not indispensable, to the commission of the
offense, then there is complex crime.
However, note that if the city treasurer
already had in her possession the public
funds, falsification of public documents
would no longer be necessary. Hence, there
can be no complex crime in that instance.
NOTA BENE:
No complex crime if one of the two offenses
is punished under special law.
When the offender had in his possession the
funds which he misappropriated, the
falsification of a public or official
document involving said funds is a separate
offense.
Illegal possession of firearm is not a
necessary means to commit homicide.
There is no complex crime of rebellion with
murder, arson, robbery or other common
crimes. They are absorbed.
All the elements of all the crimes must be
proved. Otherwise, only that crime which
has been proven shall be prosecuted.
When two felonies constituting a complex
crime are punishable by imprisonment and
fine, respectively, only the penalty of
imprisonment should be imposed.
PLURALITY OF CRIMES - successive
execution by the same individual of
different criminal acts upon any of which no
conviction has yet been declared
Kinds:
(1) Formal or ideal - one criminal liability
(2) Real or material

1. Compound and complex crime

proper

2. Special complex crime composite crime; specific penalty imposed

3. Continued crime - delito


continuado

PLURALITY OF CRIMES vs.


RECIDIVISM

- R: there must be conviction before final


judgment of the first or prior offense

- P: no conviction

CONTINUED CRIME - a single crime,


consisting of a series of acts but all arising
from one criminal resolution
- unity of thought
- not a complex crime
- one single intention
Article 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.(Read also Arts. 61, 62, and 65)

- always the lower penalty imposed in its


maximum period
Q: X shot Y, thinking that the latter is Z
who he intended to kill. Y died. What is
the penalty to be imposed?
A: The penalty for homicide in its
maximum period.

Article 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.
Article 51. Penalty to be imposed upon principals of
attempted crimes. - The 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.
Article 52. Penalty to be imposed upon accomplices in
a consummated crime. - The penalty next lower in
degree than that prescribed by law for the
consummated felony shall be imposed upon the
accomplices in the commission of a consummated
felony.
Article 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.

Article 54. Penalty to be imposed upon accomplices in


a frustrated crime. - The penalty next lower in degree
than that prescribed by law for the frustrated felony
shall be imposed upon the accessories in the
commission of a frustrated felony.
Article 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.
Article 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

CONTINUED CRIME vs.


TRANSITORY CRIME
- transitory crime is used to determine
venue; moving crime

a felony shall be imposed upon the accomplices in an


attempt to commit the felony.
Article 57. Penalty to be imposed upon accessories of
an attempted crime. - The penalty lower by two
degrees than that prescribed by law for the attempt
shall be imposed upon the accessories to the attempt
to commit a felony.
Article 58. Additional penalty to be imposed upon
certain accessories. - Those accessories falling within
the terms of paragraph 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.
Article 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.
Article 60. Exceptions 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.
Article 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 degree 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 imposed 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 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.(As amended by Com. Act No. 217.)

Rules for the application of penalties with regard to


the mitigating and aggravating circumstances, and
habitual delinquency

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.

1(a). When in the commission of the crime, advantage


was taken by the offender of his public position, the
penalty to be imposed shall be in its maximum
regardless of mitigating circumstances.

The maximum penalty shall be imposed if the offense


was committed by any person who belongs to an
organized/syndicated crime group.
An organized/syndicated crime group means a group
of two or more persons collaborating, confederating
or mutually helping one another for purposes of gain
in the commission of any crime.

2. The same rule shall apply with respect to any


aggravating circumstances inherent in the crime to
such a degree that it must be 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.

Article 62. Effects 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:

For the purpose of this article, a person shall be


deemed to be habitual delinquent, if within a period
of ten years from the date of his release or last
conviction of the crimes of serious or less serious
physical injuries, robo, hurto, estafa or falsification,
he is found guilty of any of said crimes a third time or
oftener. (As amended by Section 23, Republic Act No.
7659.)

Q: A induced B to kill X. In committing


the act, B acted with treachery, without

As knowledge. Will the treachery


aggravate As liability?
A: The treachery only affects B. However, if
A knew that B was going to act with
treachery in killing X, then As mere
knowledge is enough to increase his
penalty.
Q: A conspired with D to kill the B, the
husband of A. What are the crimes to be
imposed against A and D?
A: A is liable for parricide. But D is only
liable for murder or homicide, because the
relationship between A and B is personal to
A alone.

HABITUAL DELINQUENCY vs.


RECIDIVISM

(1) As to crimes committed

- R: accused at the time of trial was


previously convicted by final judgment of another
crime embraced in the same title

- H: crimes are serious physical


injuries, robbery, theft, estafa or falsification

(2) As to period of time the crimes are


committed

- R: no period of time between


former conviction and last conviction is fixed by law

- H: found guilty of any of the


crimes within ten years from is last release or last
conviction

(3) As to number of crimes committed

- R: second conviction for an


offense embraced under same title

- H: accused must be found guilty


the third time or oftener of any of the crimes
specified

(4) As to effects

- R: not offset by mitigating


circumstance, increase penalty only to maximum

- H: additional penalty is imposed

NOTA BENE:

Ten-year period computed either from last


conviction or last release.

There must be final conviction.

Convictions on the same day or about the


same time are considered as one only.

Crimes committed on the same date,


although convictions on different dates, are
considered only one.

Previous convictions are considered every


time a new offense is committed.

The commission of any of those crimes need


not be consummated.

Habitual delinquency applies to


accomplices and accessories.
If one crime was committed during the
minority of the offender, such crime should
not be considered for the purpose of
treating him as a habitual delinquent.
Habitual delinquency is not a crime.
Article 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.

3. When only an aggravating circumstance is present


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

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.
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.
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.
7. Within the limits of each period, the courts shall
determine the extent of the penalty according to the
number and nature of the aggravating and mitigating
circumstances and the greater or lesser extent of the
evil produced by the crime.
Article 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.
Article 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.
Article 67. Penalty to be imposed when not all the
requisites of exemption of the fourth circumstance of

2. When there are neither mitigating nor aggravating


circumstances in the commission of the deed, the
lesser penalty shall be applied.
3. When the commission of the act is attended by
some mitigating circumstance and there is no
aggravating circumstance, the lesser penalty shall be
applied.
article 12 are present.- When all the conditions
required in circumstance 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.

1. When there are neither aggravating nor mitigating


circumstances, they shall impose the penalty
prescribed by law in its medium period.
2. When only a mitigating circumstance is present in
the commission of the act, they shall impose the
penalty in its minimum period.

1. When in the commission of the deed there is


present only one aggravating circumstance, the
greater penalty shall be applied.

4. When both mitigating and aggravating


circumstances attended the commission of the act,
the courts 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.
Article 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 courts shall observe for the application of the
penalty the following rules, according to whether
there are or are no mitigating or aggravating
circumstances:

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:

Article 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 paragraph 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.
Article 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.
Article 70. Successive service of sentences. - 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,

6. Arresto mayor,
7. Arresto menor,
8. Destierro,

Such maximum period shall in no case exceed forty


years.

In applying the provisions of this rule the duration of


perpetual penalties (penal perpetua) shall be
computed at thirty years.(As amended by Com. Act
No. 217.)

9. Perpetual absolute disqualification,


10 Temporary absolute disqualification.
11. Suspension from public office, the right to vote
and be voted for, the right to follow a profession or
calling, and

THREE-FOLD RULE - the maximum


duration of the convicts sentence shall not
be more than 3x the length of time
corresponding to the most severe of the
penalties imposed upon him

12. Public censure.


Notwithstanding the provisions of the rule next
preceding, the maximum duration of the convict's
sentence shall not be more than threefold the length
of time corresponding to the most severe of the
penalties imposed upon him. No other penalty to
which he may be liable shall be inflicted after the sum
total of those imposed equals the same maximum
period.

- applies if accused is convicted


less than 4x

(3) Absorption system

- Art. 48

Article 71. Graduated scales. - In the cases in which


the law prescribes 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.

Different systems of penalty:


(1) Material accumulation system

- accused has to serve all


(2) Juridical accumulation system

- 3-fold rule

Provision common to the last two preceding sections


Article 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, 44, and 45 of this Code, it
must be understood that the accessory penalties are
also imposed upon the convict.

Article 74. Penalty higher than reclusion perpetua in


certain cases. - In cases in which the law prescribes a
penalty higher than another given penalty, without
specifically 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.

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:

Article 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.

SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,

The same rules shall be observed with regard to fines


that do not consist of a fixed amount, but are made
proportional.

Article 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:

6. Arresto mayor,
7. Destierro,
8. Arresto menor,

Article 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.

9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,

Whenever the penalty prescribed does not have one


of the forms specially provided for in this Code, the
periods shall be distributed, applying for analogy the
prescribed rules.

2. Temporary 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.
Article 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
final judgments rendered against him, beginning with
the first in order of time.

EXECUTION AND SERVICE OF


PENALTIES

INDETERMINATE SENTENCE LAW


(Act No. 4103 as amended by Act No.
4225)

- instead of imposing a straight penalty,


the court must determine two penalties
(maximum and minimum)
Special law:
- MAX: not exceed the max fixed by said
law
- MIN: not less than the min prescribed by
said law

RPC:
- MAX: that which, in view of the attending
circumstances, could be properly imposed
under the rules of the RPC
- MIN: within the range of the penalty next
lower to that prescribed by the Code for the
offense

Not applicable to:


(1) Death
(2) Life imprisonment
(3) Reclusion perpetua

- WAIVER: if filed appeal, no probation; if


filed probation, no appeal

- WHO MAY AVAIL: first-time offenders,


convicted of crimes punished by
imprisonment of not more than 6 yrs.

PROBATION - a disposition under which


a defendant, after conviction and sentence,
is released, subject to the conditions
imposed by the court and to the supervision
of a probation officer

- order granting or denying probation not


appealable; REMEDY: Certiorari 65
Procedure:
(1) Apply within 15d from promulgation of
judgment
(2) Post-sentence investigation
(3) Submission of investigation report not
later than 60d from receipt of order to
conduct investigation
(4) Pending investigation and resolution,
accused may be temporarily released (if
there is already a bail, then on same bail)
Who are disqualified:
(1) Maximum term of imprisonment of
more than 6yrs
(2) Subversion or any crime against
national security or the public order
(3) Previously convicted by final judgment
of an offense punished by imprisonment of
not less than 1 mo 1d and/or a fine of not
less P200
(4) Once on probation
(5) Already serving sentence at the time law
became applicable
NOTA BENE:
If the accused is convicted and sentenced to
multiple penalties, the periods are not
added up. Only the maximum shall be
considered.

(4) Treason, conspiracy or proposal to


commit treason, misprision of treason,
rebellion, sedition or espionage, piracy
(5) Habitual delinquents
(6) Escaped confinement or evaded sentence
(7) Violated the terms of conditional pardon
(8) Maximum term of imprisonment does
not exceed one year
(9) Already sentenced by final judgment at
the time of the approval of this Act
- mandatory
- applicable only to divisible penalties
- for purpose of applying for parole (after
serving the minimum, then temporary
release)
- if maximum penalty exceeds one year,
then straight penalty is not allowed
PROBATION LAW (PD 968, as amended
by PD 1257, BP 76 and PD 1990)

- WHEN: within 15d from promulgation of


judgment (appeal period)
Once probation period is terminated, the
accused is restored to all his civil rights
lost or suspended.
Article 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.
Article 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.
Article 80. Suspension of sentence of minor
delinquents.
Article 81. When and how the death penalty is to be
executed.
Article 82. Notification and execution of the sentence
and assistance to the culprit.

Article 83. Suspension of the execution of the death


sentence.

Article 84. Place of execution and persons who may


witness the same.

Article 85. Provision relative to the corpse of the


person executed and its burial.

Article 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.

Article 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.

Article 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.

EXTINCTION OF CRIMINAL LIABILITY

- death of the offended party has no effect;


crime is committed against State
AMNESTY - act of sovereign power
granting oblivion or general pardon for a
past offense, and is rarely, if ever, exercised
in favor of a single individual, and is
usually exerted in behalf of certain classes
of persons, who are subject to trial but have
not yet been convicted
PARDON - act of grace proceeding from
the power entrusted with the execution of
laws which exempts the individual on
whom it is bestowed from the punishment
the law inflicts for the crime he has
committed
AMNESTY vs PARDON
- P: includes any crime and exercised
individually
- A: blanket pardon to classes of persons or
communities who may be guilty of political
offenses
- P: after conviction
- A: before or after conviction
- P: relieves the offender from the
consequences of an offense
- A: abolishes the offense itself
- P: does not alter the fact that the person is
a recidivist
- A: an ex-convict is no longer a recidivist
- P: private act of the President, pleaded and
proved
- A: proclamation of the Chief Executive
with concurrence of Congress, a public act
Q: If one of the crimes in a complex
crime already prescribed, what is the
effect?

Article 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.
2. By service of the sentence.
3. By amnesty, which completely extinguishes the
penalty and all its effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the penalty.
7. By the marriage of the offended woman, as
provided in Article 344 of this Code.

Effect of death of accused before finality:


- GR: extinguishes both criminal and civil
liability
- EXC: if the civil liability is based on a
source of obligation other than delict, such
as law, contract, quasi-contracts and quasidelicts
A: There is no more complex crime.
Accused can only be charged of the crime
that did not prescribe.

Article 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. (As amended by
Republic Act No. 4661, approved June 19, 1966.)
Article 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.

Q: X shot Y. During killing of Y, A, a


neighbor of Y, saw the incident but did
not report it immediately to the police.
Twenty years later, he finally went to the
police and reported the crime. Did the
crime prescribe?

A: No prescription because the period did


not start to run. A is a stranger.

Q: In the above example, an information


for murder was filed against X. While the
case was pending and before
arraignment, X escaped and was at large
for the next 25 years before he was
recaptured. Has the crime prescribed?
A: Case is already archived but did not
prescribe. This is because the proceedings
were stopped due to an occurrence
imputable to the offender his escape from
confinement.

Article 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.

- in prescription of crimes, it is the penalty


prescribed by law that should be considered
- in prescription of penalty, it is the penalty
imposed that should be considered

Article 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.

Article 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;

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

Article 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 158 of this Code, gives himself
up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing
away of the calamity or catastrophe to in said article.

Article 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.

CIVIL LIABILITY
Persons Civilly Liable for Felonies

Article 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.
Article 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.

Commutation is proper:
(1) When the convict sentenced to death is
over 70 yrs of age (Art. 83)
(2) When eight justices of SC fail to reach a
decision for the affirmance of the death
penalty

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.

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;

Article 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.
Article 100. Civil liability of a person guilty of felony. Every person criminally liable for a felony is also
civilly liable.
Article 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 damage has 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.

Article 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 of 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.

Article 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.

1. Restitution;

Article 110. Several and subsidiary liability of


principals, accomplices and accessories of a felony Preference in payment. - Notwithstanding the
provisions of the next preceding article, the
principals, accomplices, and accessories, each within
their respective class, shall be liable severally (in
solidum) among themselves for their quotas, and
subsidiarily for those of the other persons liable.

Article 111. Obligation to make restitution in certain


cases. - Any person who has participated gratuitously
in the proceeds of a felony shall be bound to make
restitution in an amount equivalent to the extent of
such participation.

Whenever the liability in solidum or the subsidiary


liability has been enforced, the person by whom
payment has been made shall have a right of action
against the others for the amount of their respective
shares.

Article 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.

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.

What Civil Liability Includes

Article 104. What is included in civil liability. - The


civil liability established in articles 100, 101, 102, and
103 of this Code includes:

Extinction and Survival of Civil Liability

2. Reparation of the damage caused;


3. Indemnification for consequential damages.
Article 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.
Article 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.
Article 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.
Article 108. Obligation to make restoration, reparation
for damages, or indemnification for consequential
damages and action to demand the same - Upon whom
it devolves. - The obligation to make restoration or
reparation for damages and indemnification for
consequential damages devolves upon the heirs of the
person liable.
The action to demand restoration, reparation, and
indemnification likewise descends to the heirs of the
person injured.
Article 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
other obligations, in accordance with the provisions
of the Civil Law.
Article 113. Obligation to satisfy civil liability. - Except
in case of extinction of his civil liability as provided in
the next preceding article, the offender shall continue
to be obliged to satisfy the civil liability resulting
from the crime committed by him, notwithstanding
the fact that he has served his sentence consisting of
deprivation of liberty or other rights, or has not been
required to serve the same by reason of amnesty,
pardon, commutation of sentence or any other
reason.