CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY UNDER OTHER LAWS
The exemption from criminal liability herein established does not include exemption from civil liability,
A. Anti-Violence against Women and their Children Act of 2004 Sections 3 (c), 26, RA 9262
B. Juvenile Justice and Welfare Act of 2006 Sections 4 (c), 4 (e), 6, 7, 57, 58, 59, RA 9344
C. Comprehensive Dangerous Drugs Act of 2002 Sections 98, 25, 33, 55, RA 9165
D. Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition, of Firearms, Ammunition or Explosives (Section 1, PD 1866, as
amended by RA 8294; Sections 3-4 PD 1866, as amended by RA 9516; Sections 3-C, RA 9516
PERSONS CRIMINALLY LIABLE (Article 16, RPC)
A. Principals - Article 17, RPC
B. Accomplices - Article 18, RPC
C. Accessories - Article 19, RPC
1. Accessories exempt from Criminal liability - Article 20, RPC
2. Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders
(Sec 1, PD 1829)
3. Anti-Fencing Law of 1979 (Sections 2, 4, 5 PD 1612)
Anti-Violence against Women and their Children Act of 2004 Sections 3 (c), 26 RA 9262
SECTION 3. Definition of Terms.- As used in this Act,
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing
the victim to witness the physical, sexual or psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful
or unwanted deprivation of the right to custody and/or visitation of common children.
SECTION 26. Battered Woman Syndrome as a Defense. Victim-survivors who are found by the courts to
be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding
the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal
Code.
In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/
psychologists.
Juvenile Justice and Welfare Act of 2006 Sections 4 (c), 4 (e), 6, 7, 57, 58, 59, RA 9344
SEC. 4. Definition of Terms
(c) "Child" refers to a person under the age of eighteen (18) years.
(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of
the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected
to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless he/she has acted with discernment, in which
case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
which shall be enforced in accordance with existing laws.
SEC. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority.
He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18)
years old or older. The age of a child may be determined from the child's birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these documents, age may be based on
information from the child himself/herself, testimonies of other persons, the physical appearance of the
child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her
favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the information in
any appropriate court may file a case in a summary proceeding for the determination of age before the
Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate
pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the appropriate court,
the person shall file a motion to determine the age of the child in the same court where the case is pending.
Pending hearing on the said motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials
concerned shall exert all efforts at determining the age of the child in conflict with the law.
SEC. 57. Status Offenees. - Any conduct not considered an offense or not penalized if committed by an
adult shall not be considered an offense and shall not be punished if committed by a child.
SEC. 58. Offenses Not Applicable to Children. - Persons below eighteen (18) years of age shall be exempt
from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code,
of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No.
1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child:
Provided, That said persons shall undergo appropriate counseling and treatment program.
SEC. 59. Exemption from the Application of Death Penalty. - The provisions of the Revised Penal Code, as
amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002,
and other special laws notwithstanding, no death penalty shall be imposed upon children in conflict with
the law.
Comprehensive Dangerous Drugs Act of 2002 Sections 98, 25, 33, 55, RA 9165
Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule or regulation
to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to
the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty
for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under
the Influence of Dangerous Drugs. Notwithstanding the provisions of any law to the contrary, a positive
finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of
a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be
applicable.
Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of Section 17,
Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the
Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14,
15, and 19, Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6,
8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a
drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the
members thereof; and who willingly testifies against such persons as described above, shall be exempted
from prosecution or punishment for the offense with reference to which his/her information of testimony
were given, and may plead or prove the giving of such information and testimony in bar of such
prosecution: Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except
when there is no other direct evidence available for the State other than the information and testimony
of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of
immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear
to be most guilty for the offense with reference to which his/her information or testimony were given:
Provided, finally, That there is no direct evidence available for the State except for the information and
testimony of the said informant or witness.
Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. A drug
dependent under the voluntary submission program, who is finally discharged from confinement, shall be
exempt from the criminal liability under Section 15 of this act subject to the following conditions:
(1) He/she has complied with the rules and regulations of the center, the applicable rules and regulations
of the Board, including the after-care and follow-up program for at least eighteen (18) months following
temporary discharge from confinement in the Center or, in the case of a dependent placed under the care
of the DOH-accredited physician, the after-care program and follow-up schedule formulated by the DSWD
and approved by the Board: Provided, That capability-building of local government social workers shall be
undertaken by the DSWD;
(2) He/she has never been charged or convicted of any offense punishable under this Act, the Dangerous
Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as amended; or any
special penal laws;
(3) He/she has no record of escape from a Center: Provided, That had he/she escaped, he/she surrendered
by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, within one (1) week from the date of the said escape; and
(4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her
exemption from criminal liability.
Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition, of Firearms, Ammunition or Explosives (Section 1, PD 1866, as amended by RA 8294;
Sections 3-4 PD 1866, as amended by RA 9516; Sections 3-C, RA 9516
Section 1, PD 1866, as amended by RA 8294
Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or
instruments used or intended to be used in the manufacture of firearms or ammunition. The penalty of
prision correccional in its maximum period and a fine of not less than Fifteen thousand pesos (P15,000)
shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess
any low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar firepower, part
of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture
of any firearm or ammunition: Provided, That no other crime was committed.
"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall
be imposed if the firearm is classified as high powered firearm which includes those with bores bigger in
diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered
firearms but considered powerful such as caliber .357 and caliber .22 center-fire magnum and other
firearms with firing capability of full automatic and by burst of two or three: Provided, however, That no
other crime was committed by the person arrested.
"If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed
firearm shall be considered as an aggravating circumstance.
"If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of rebellion
or insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an element of the
crime of rebellion, or insurrection, sedition, or attempted coup d'etat.
"The same penalty shall be imposed upon the owner, president, manager, director or other responsible
officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow
any of the firearms owned by such firm, company, corporation or entity to be used by any person or
persons found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow
any of them to use unlicensed firearms or firearms without any legal authority to be carried outside of
their residence in the course of their employment.
"The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed firearm
outside his residence without legal authority therefor."
Sections 3-4 PD 1866, as amended by RA 9516
Section 1. Section 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as
follows:
"Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an
Explosive or Incendiary Device. - The penalty of reclusion perpetua shall be imposed upon any person who
shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any
explosive or incendiary device, with knowledge of its existence and its explosive or incendiary character,
where the explosive or incendiary device is capable of producing destructive effect on contiguous objects
or causing injury or death to any person, including but not limited to, hand grenade(s), rifle grenade(s),
'pillbox bomb', 'molotov cocktail bomb', 'fire bomb', and other similar explosive and incendiary devices.
"Provided, That mere possession of any explosive or incendiary device shall be prima facie evidence that
the person had knowledge of the existence and the explosive or incendiary character of the device.
"Provided, however, That a temporary, incidental, casual, harmless, or transient possession or control of
any explosive or incendiary device, without the knowledge of its existence or its explosive or incendiary
character, shall not be a violation of this Section.
"Provided, Further, That the temporary, incidental, casual, harmless, or transient possession or control of
any explosive or incendiary device for the sole purpose of surrendering it to the proper authorities shall
not be a violation of this Section.
"Provided, finally, That in addition to the instances provided in the two (2) immediately preceeding
paragraphs, the court may determine the absence of the intent to possess, otherwise referred to as
'animus possidendi", in accordance with the facts and circumstances of each case and the application of
other pertinent laws, among other things, Articles 11 and 12 of the Revised Penal Code, as amended."
Section 2. Section 4 of Presidential Decree No. 1866, as amended, is hereby further amended to read as
follows:
"SEC 3-A. Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of a Part,
Ingredient, Machinery, Tool or Instrument Used or Intended to be Used for the Manufacture, Construction,
Assembly, Delivery or Detonation. - The penalty of reclusion perpetua shall be imposed upon any person
who shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any
part, ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise, used or intended to be used by that person for its
manufacture, construction, assembly, delivery or detonation, where the explosive or incendiary device is
capable or is intended to be made capable of producing destructive effect on contiguous objects or causing
injury or death to any person.
"Provided, That the mere possession of any part, ingredient, machinery, tool or instrument directly used
in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device,
by any person whose business activity, or employment does not lawfully deal with the possession of such
article shall be prima facie evidence that such article is intended to be used by that person in the
unlawful/illegal manufacture, construction, assembly, delivery or detonation of an explosive or incendiary
device.
"Provided, however, That a temporary incidental, casual, harmless or transient possession or control of
any part, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery
or detonation of any explosive or incendiary device, without the knowledge of its existence or character
as part, ingredient, machinery, tool or instrument directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or incendiary device, shall not be a violation of this
Section.
"Provided, Further, That the temporary, incidental, casual, harmless, or transient possession or control of
any part, ingredient, machinery, tool or instrument directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or incendiary device for the sole purpose of surrendering
it to the proper authorities shall not be a violation of this Section.
"Provided, finally, That in addition to the instances provided in the two (2) immediately preceeding
paragraphs, the court may determine the absence of the intent to possess, otherwise referred to as
'animus possidendi', in accordance with the facts and circumstances of each case and the application of
other pertinent laws, among other things, Articles 11 and 12 of the Revised Penal Code, as amended."
Sections 3-C, RA 9516
SEC. 3-C. Relationship of Other Crimes with a Violation of this Decree and the Penalty Therefor. - When
a violation of Section 3, 3-A or 3-B of this Decree is a necessary means for committing any of the crimes
defined in the Revised Penal Code or special laws, or is in furtherance of, incident to, in connection with,
by reason of, or on occassion of any of the crimes defined in the Revised Penal Code or special laws, the
penalty of reclusion perpetua and a fine ranging from One hundred Thousand pesos (P100,000.00) to One
million pesos (P1,000,000.00) shall be imposed.
ARTICLE 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.
ARTICLE 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.
ARTICLE 18. Accomplices. Accomplices are those persons who, not being included in article 17,
cooperate in the execution of the offense by previous or simultaneous acts.
ARTICLE 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.
ARTICLE 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.
Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (Sec 1, PD 1829)
Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000
pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates
or delays the apprehension of suspects and the investigation and prosecution of criminal cases by
committing any of the following acts:
(a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of
any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation,
force or threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to
impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or
official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in,
criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground
to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest
prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name and other personal circumstances for the same
purpose or purposes;

(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or
disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

(f) making, presenting or using any record, document, paper or object with knowledge of its falsity and
with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;

(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting,
or impeding the prosecution of a criminal offender;

(h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or
property or that of any immediate member or members of his family in order to prevent such person from
appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition,
whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official
proceedings in, criminal cases;

(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim; or fabricating information
from the data gathered in confidence by investigating authorities for purposes of background information
and not for publication and publishing or disseminating the same to mislead the investigator or to the
court.

If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty
shall be imposed.

Anti-Fencing Law of 1979 (Sections 2, 4, 5 PD 1612)

Section 2. Definition of Terms. The following terms shall mean as follows:

(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he knows, or should be known to him, to have been derived
from the proceeds of the crime of robbery or theft.

(b) "Fence" includes any person, firm, association corporation or partnership or other organization
who/which commits the act of fencing.

Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or
association, the president or the manager or any officer thereof who knows or should have known the
commission of the offense shall be liable.

Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall be prima facie evidence of fencing.