Criminal Law 1 Finals Reviewer Under 40 Characters

CRIMINAL
LAW 1 REVIEWER

CRIMINAL
LAW I
Finals Reviewer
BECAUSE SHARING IS LOVING
A new command I give you: Love one another.

As I have loved you, so you must love one another
By this everyone will know that you are my disciples,
if you love one another.
John 13: 34-35

Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
CRIMINAL LAW 1 REVIEWER

Criminal Law in General o Bill of Attainder a legislative act which inflicts
punishment without trial. Its essence is the substitution

of legislative act for a judicial determination of guilt.
POINTS
Cannot enact laws that punish people without due process.

I. Definitions
VI. Why Ex Post Facto Laws are Prejudicial to the Accused
What is criminal law?
1. Makes criminal an act, which before the laws passage was
o Branch or division of law which defines crimes, treats of
innocent.
their nature, and provides for their punishment.
2. Aggravates a crime.
What is crime?
3. Changes the punishment and inflicts a greater penalty than the
o An act committed or omitted in violation of a public law
law annexed to the crime when committed.
forbidding or commanding it.
4. Alters the legal rules of evidence, and authorizes conviction

upon less or different testimony than the law required at the
II. Sources of Criminal Law
time of the commission of the offense.
Revised Penal Code
5. Imposes penalty or deprivation of a right for something which
Special Penal Laws passed by the Legislative
when done was lawful.
Presidential Decrees issued during Martial Law
6. Deprives a person accused of a crime some lawful protection

which he was entitled to, such as the protection from a former
III. Common Law Crimes
conviction or acquittal.
Crimes not written in the law but are understood as all to be

offenses.
VII. Constitutional and Statutory Rights
The Philippines does not have common law crimes. Thus, even if
Constitutional Rights (Article III, Bill of Rights, 1987
the act be socially or morally wrong, its commission incurs no
Constitution)
criminal liability if the act is not punishable by a particular
o Bill of Rights states that the accused has the right to
provision in penal law or special penal law.
speedy trial, due process, right against self

incrimination, free access to the courts, etc.
IV. Power to Define and Punish Crimes
Statutory Rights are found in and created by statutes
The state, as part of its police power, has a large measure of
o Section 1 Rule 115 of the Revised Rules in Criminal
discretion and possesses the authority to define and punish
Procedure states that the accused have the right to be
crimes and lay down the rules of criminal procedure.
informed of accusations against him, confront and
This power is given to the state by its people in order for the
cross-examine witnesses, make appeals, etc.
former to be able to look after the rights of the latter.

VIII. Can an Accused Waive his Rights?
V. Limits to the Power of Law-Making Bodies
YES but only those that affect only him and not society
No ex post facto law or a Bill of Attainder.
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o He can waive his right to cross-examine but he cannot For a member of the military to be tried in military court, his
waive his right to be informed of the crime offense must be service- oriented (Articles of War).
o Article 63 Disrespect toward the President
IX. Characteristics of Criminal Law o Article 64 Disrespect toward superior court
General o Article 67 Conduct Unbecoming of an Officer and a
o Binding on all persons who live or sojourn in the Gentleman.
Philippines. o Article 97 General Article.
Territorial The Revised Penal Code is not applicable when the Military
o Criminal Law undertakes to punish crimes committed Court is in charge of the case though the said court can refer to
within Philippine territory the RPC when considering what penalty to give.
Prospective Once tried in a military court, that same case cannot be tried in
o Forward Looking and never retroactive a civil court and vice versa.
War criminals are triable by Military Commission.
X. The Military
General Rule: Jurisdiction of civil court over a case is not XI. Exceptions to the applicability of the RPC
affected by the military character of the accused. Laws and Treaties of preferential application
o When the military courts takes cognizance of a case o Bases Agreement March 14, 1947
involving a person subject to military law, the Articles of o RP-US Visiting Forces Agreement February 10, 1998
War apply. The Revised Penal code and other penal law o Republic Act 75 October 21, 1946
is not applicable. Republic Act No. 75
Members of the military can be tried under civil court because RA No. 75 works in favor of diplomatic representatives and their
military courts and civil courts have concurrent jurisdiction. domestic servants (Section 4).
o This is true even in times of war provided that (a) the Exception: When the process against servant (who is a citizen of
crime was not committed where hostilities are in the Philippines) is founded on debt contracted before he
progress, and (b) the civil courts are functioning. entered such service (Section 5).
o US v. Sweet Not applicable when the foreign country adversely affected
Sweet was a member of the US military. He does not provide similar protection to our diplomatic
claimed that because of this, our courts had no representatives.
jurisdiction over him and the case filed against Persons exempt from the operation of our criminal laws by virtue of
him. the principles of public international law
The fact that he was a member of the US II Hyde International Law: as a principle of international law,
military did not affect the jurisdiction of the civil the following are not subject to the operation of our criminal
courts unless special legislation said otherwise laws:
o Sovereigns and other chiefs of state.
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o Ambassadors, ministers, plenipotentiary, ministers If the new law fails to penalize an act (punishable under the old
resident, and charges daffaires. law), it is no longer punishable.
o Cessante ratione legis cessat ipsa lex
XII. Exceptions to the prospective application of criminal laws: New The reason for the law ceasing, the law itself
Statutes that are more lenient or favorable to the accused also ceases.
Must be favorable to the accused in order for it to be followed o People v. Sindiong and Pastor
as long as (a) accused committed act before the new statute Accused was prosecuted from neglecting to
came out, and (b) he is not a habitual criminal. make a return of the sales of newspapers and
magazines within time prescribed as stated in
XIII. Different Effects of Repeals on Penal Law law.
If the penalty in the repeal is lighter, it shall be applied to the While case was pending, a new law was passed
case except if accused is a habitual criminal. wherein the act of the accused was no longer
If the penalty in the repeal is heavier, the law in force when the included as punishable.
offense was committed shall be applied. The accused were acquitted.
If the new law totally repeals the old law, the crime is If someone is mistakenly accused and convicted under a
obliterated. repealed law, he may be tried again under the new law as long
o People v. Tamayo as such an offense still exists in the law.
While the case was pending, the ordinance Self repealing laws (laws with expiry dates) are self executing.
violated was repealed.
The accused was acquitted. XIV. Construction of Penal Laws
If the new law simply reenacts the old law, criminal liability is Penal Laws are strictly construed against government and
not destroyed. liberally in favor of the accused.
o US v. Cuna o This does not apply if the law is clear and unambiguous.
Accused was charged with selling opium o People v. Garcia
While the case was pending, a new law against Respondent accused of violating a law
opium was passed which still included the act prohibiting the selling of PCSO tickets without
done by the accused being authorized
The new law does not take away the criminal Accused claims he sold llave tickets
liability of the accused Respondent is acquitted because the law does
If both old law and new law punish the same offense, offender not expressly prohibit the selling of llave tickets
can be tried in the law which is more favorable to him The Spanish text is superior to the English text.
provided that the old law was still in place when he committed o People v. Mangulabnan
the offense. Respondent fires a gun upwards while
committing a robbery.
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Respondent ends up killing the owner of the II. Content
house who was situated on the floor above him Book I
Respondent is accused of robbery with. o Basic principles affecting criminal liability (Art. 1-20)
homicide because though the English text says o Provisions on penalties including criminal and civil
that the killing should be intentional for it to be liability (Art. 21-113)
homicide, the Spanish text says that homicide Book II
can take place even by mere accident. o Definition of felonies with the corresponding penalties
(art. 114-365)
The Revised Penal Code
III. Theories that guided the RPC

Classical
I. History
o The basis of criminal liability is free will and the purpose
September 4, 1884 Royal Decree ordering penal code in the
of the penalty is retribution.
Peninsula to be published and applied in the Philippines
o Man is seen as an essentially moral creature. Thus,
December 17, 1886 Royal Order directed the execution of
more emphasis on the act and its effect rather than on
the September 4, 1984 decree
the person who committed the act.
March 13 & 14, 1887 Penal Code published in the Official
o Establishment of a mechanical and direct proportion
Gazette of Manila
between crime and punishment.
July 14, 1897 Penal Code takes effect
Positivist
October 18, 1927 A committee was created by Department
o Man is subdued occasionally by a strange and morbid
of Justice Administrative Order No. 94 to revise the penal code,
phenomenon which constrains him to do wrong in spite
taking into consideration the existing conditions and the special
of or contrary to his volition.
laws and ruling laid down by the Supreme Court.
o Crime is a natural and social phenomenon; each case is
o Anacleto Diaz as chairman, Quintin Paredes, Guillermo
different.
Guevara, Alex Reyes and Mariano H. De Joya.
The RPC is guided primarily by the Classical theory though it is
o The RPC does not embody the latest progress of
also partly influenced by the Positivist Theory.
criminal science, as the results of the application of
advanced and radical theories still remains to be seen.

December 8, 1930 draft of the Revised Penal Code approved.

January 1, 1932 RPC takes effect.

o Felonies and misdemeanors committed prior this were

punished in accordance with the Code or Acts in force at

the time of their commission, as directed by Article 366.

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PRELIMINARY TITLE o Penal laws extend to all their air space which covers the
territory, subject to the right of way or easement in
DATE OF EFFECTIVENESS AND APPLICATION OF THE favor of foreign aircrafts.
PROVISIONS Interior Waters
o Bodies of water within the 3 mile limit
Article 1. Time when Act takes effect Maritime Zone
This code shall take effect on the first day of January, nineteen o 3 miles from the coastline starting from the low water
hundred and thirty two. mark
o 12 miles measured in a straight line from headland to
Article 2. Application of its provisions. headland
Except as provided in the treaties and laws of preferential application, o Established through international treaties
the provisions of this code shall be enforced not only within the
Philippine archipelago, including its atmosphere, its internal waters II. Human Security Act of 2007 (RA 9372)
and maritime zone, but also outside of its jurisdiction, against those Has provisions providing for extra-territorial application subject
who: to existing treaties and laws of preferential application
1. Should commit an offense while on a Philippine ship or airship; The Act shall apply to:
2. Should forge or counterfeit any coin or currency note of the o Persons committing a crime within the Philippine
Philippine Islands or obligations and securities issued by the territory
government of the Philippine Islands; o Persons involved in a crime within the Philippine
3. Should be liable for acts connected with the introduction into territory despite being physically outside of the territory
these Islands of the obligations and securities mentioned in o Persons who commit an offense while on a Philippine
the preceding number; ship or airship
4. While being a public officers or employees, should commit an o Persons who commit crimes within our embassies,
offense in the exercise of their functions; or consulates, and other diplomatic premises occupied by
5. Should commit any of the acts against national security and the Philippine government in an official capacity
the law of nations, defined in title one of book two of this o Any person committing a hate crime against Filipinos
code. o Any person committing a crime directly against the
Philippine government
POINTS
PAR. 1: The RPC with regards offenses on a Philippine ship or airship
I. Important Phrases Does not apply when the ship or airship is within foreign
Its atmosphere territory.
Does not apply if ship or airship is not properly registered with
the Philippine Bureau of Customs even if owner is Filipino.
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Does not apply if the crime is committed in high seas (i.e. areas Smoking opium on a ship while it is in transit is triable because it
of the seas not belonging to any one country), BUT the vessel is affects our territory (atmosphere) (People v. Wong Cheng).
not registered or licensed in the Philippines. A person who is carrying opium and who is on board a foreign
merchant ship may be liable for illegal importation of opium (US
I. The RPC and Foreign ships or airships v. Ah Sing).
Continuing offense:
o Defined as forbidden conditions existing while the ship PAR. 2: SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY OF
or airship was in our territory even if such conditions THE PHILIPPINE ISLANDS, OR OBLIGATIONS AND SECURITIES ISSUED BY
already existed prior to its entry into our territory. THE GOVERNMENT OF THE PHILIPPINE ISLANDS.
o Continuing offense is punishable by our courts. AND
When a foreign merchant vessel enters the 3-mile limit, the PAR. 3: SHOULD BE LIABLE FOR ACTS CONNECTED WITH THE
ships officers and crew are subject to the jurisdiction of our INTRODUCTION INTO THESE ISLANDS OF THE OBLIGATIONS AND
courts. SECURITIES MENTIONED IN THE PRECEDING NUMBER.
o Disorders which disturb only the peace of the ship or
those on board are to be dealt exclusively by the I. Why are people who introduce forged or counterfeit obligations and
sovereignty of the home of the ship. securities being punished?
o Disturbances which may affect public peace of the They are being punished because such acts have an effect on
Philippines may be suppressed and the offenders may our economy
be punished by Philippine authorities. Thus, any person who makes counterfeits in a foreign country
With regards foreign ships, the Philippines follows the English may be prosecuted before our courts for violation of Article 163
Rule: (coins or currency counterfeit) OR Article 166 (forging securities
o French Rule crimes are not triable unless they affect or obligations) of the RPC.
the peace and security of the territory and safety of the
state. PAR. 4: WHILE BEING PUBLIC OFFICERS OR EMPLOYEES SHOULD
o English Rule crimes are triable unless they only involve COMMIT AN OFFENSE IN THE EXERCISE OF THEIR FUNCTIONS
matters within the vessel.
Absolutely no jurisdiction over foreign war ships. I. Does the RPC apply to public servants and employees who commit
their offenses abroad?
II. Crimes not involving a breach of public order committed on board a Yes as long as it was during the exercise of their functions.
foreign merchant vessel in transit are not triable by our courts
Carrying opium on a ship which is in transit is not triable in our PAR. 5: SHOULD COMMIT ANY OF THE CRIMES AGAINST NATIONAL
courts. BUT, when the opium is landed, it is within our SECURITY AND THE LAWS OF NATIONS, DEFINED IN TITLE ONE, BOOK
jurisdiction because such act is an open violation of the laws of TWO OF THIS CODE.
the Philippines (US v. Look Chaw).
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I. Examples of offenses against national security and the law of nations
Treason, conspiracy and proposal to commit treason, espionage,
inciting to war and giving motives for reprisals, violation of
neutrality, correspondence with hostile country, flight to
enemys territory, piracy and mutiny on the high seas.

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TITLE I: FELONIES AND CIRCUMSTANCES WHICH Omission
o Failure to perform a positive duty that one is bound to
AFFECT CRIMINAL LIABILITY do
There must be a law requiring the doing or
CHAPTER 1: FELONIES performance of an act
o Examples
Article 3. Definitions Article 275, par. 1 Abandonment of persons
Acts and omissions punishable by law are felonies. in danger.
Article 213, par. 2[b] Failure to issue
Felonies are committed not only by means of deceit (dolo) but also by receipts
means of fault (culpa). Article 116 Misprision of Treason.

There is deceit when the act is performed with deliberate intent and B. Are Internal Acts Covered By The Revised Penal Code?
there is fault when the act results from imprudence, negligence, lack No because they are beyond the sphere of penal law. Thinking
of foresight, or lack of skill. of committing a felony does not constitute a felony unless you
act on it.
POINTS Thus, only external act is punished.

I. Elements of Felonies III. SECOND REQUISITE: Said Act Or Omission Must Be Punishable By
1. There must be an act or omission. Revised Penal Code
2. Said act or omission must be punishable by Revised Penal Code. Punishable by law
3. Said act or omission must be performed by means of deceit or o Nullum crimen, nulla poena sine lege
fault. There is no crime when there is no law
punishing it
II. FIRST REQUISITE: There Must Be An Act Or Omission Case: People v. Silvestre and Atienza
A. Important Words And Phrases o Atienza threatens to burn down a house; Silvestre is
Act standing right beside him.
o Any bodily movement tending to produce some effect o Silvestre does nothing as Atienza commits the crime.
in the external world. o Court ruled that Silvestre is not criminally liable
No need for it to actually be produced. because mere passive presence at the scene of
Possibility of its production suffices. anothers crime, mere silence, and a failure to give the
o Must be defined as a felony in the Revised Penal Code alarm, without evidence of agreement or conspiracy is
At least an overt act an act which has direct not punishable
connection with the felony to be committed.
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IV. THIRD REQUISITE: Said Act Or Omission Performed By Means Of Accused did not commit a culpable
Deceit Or Fault felony because deliberate intent to do
A. Classification Of Felonies: Intentional v. Culpable an unlawful act is essentially
1. Intentional Felonies inconsistent with the idea of reckless
o Act is performed with deliberate intent (malice). imprudence
o Offender has the intention to cause an injury to the o Acts resulting from imprudence, negligence, lack of
person, property or right of another. foresight, or lack of skill.
o Crimes which cannot be committed through o Reason for punishing acts of negligence:
imprudence or negligence such as murder, treason, A man must use his common sense and
robbery, and malicious mischief. exercise due reflection in all his actions.
o Requisites of dolo (malice) He is responsible for such results as anyone
Freedom might foresee and for his acts which no one
Without freedom, a person is no longer would have performed except through culpable
a human being, but a tool. abandon.
There is no freedom if the offender is o Examples
under the compulsion of an irresistible US v. Divina
force or uncontrollable fear. Defendant who is not a medical
Intelligence practitioner ties up a girl and sets her
Intelligence is necessary to determine on fire. He claims he is trying to cure
the morality of human acts. Without her ulcer and that he acted in good
this, no crime can exist. faith.
The imbecile, insane, infant under 9 Defendant is guilty of physical injury
years of age, and minor between 9-15 through imprudence
years of age have no criminal liability. People v. Lopez
Intent A man runs over a girl with his truck
This is presumed from the proof of the despite him not intending to do so.
commission of an unlawful act Man convicted of reckless imprudence
2. Culpable Felonies The driver should have taken the
o The injury caused is unintentional, it being simply the precaution necessary to avoid injury to
incident of another act performed without malice. persons because he was neither
People v. Guillen compelled to refrain from or prevented
Accused threw a grenade at the from doing so.
president in an attempt to kill him and
ended up killing other people
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o Definition of reckless imprudence consists in A. Presumption Of Criminal Intent Does Not Arise From The Proof Of
voluntarily but without malice, doing or failing to do an The Commission Of An Act Which Is Not Unlawful.
act from which material damage results. US v. Catolico
o Judge orders money deposited by the defendants as a
B. Both Intentional And Culpable Felonies Are Voluntary bond to be given to the plaintiff. Judge is subsequently
Reasons accused of malversation.
o Man has free will. o It was ruled that his original act was not unlawful
o Man is a rational being who can distinguish between therefore there was no criminal liability.
good and evil. o Actus non facit reum, nisi mens set rea
o Intentional felonies were intended while culpable The act itself does not make a man guilty unless
felonies resulted from acts, which were voluntary but his intentions were so.
not intended as felonies.
Acts cease to be voluntary when there is compulsion or B. Criminal Intent Is Necessary In Felonies Committed By Means Of
prevention by force or intimidation Dolo
There is no felony by dolo if there is no intent.
V. Intent Actus me invito factus non est meus actus
Intent is a mental state manifested through the overt acts of o An act done by me against my will is not my act.
people. o Example
o A person who causes an injury by mere accident does People who commit crimes while sleepwalking
not have intent therefore is not criminally liable. do not incur criminal liability because there was
When the acts naturally produce a definite result, courts are no intent (People v. Taneo).
slow in concluding that some other result was intended
o People v. Sia Teh Ban C. Distinction Between General Intent And Specific Intent
Respondent stole a watch therefore showing Some felonies necessitate specific types of intent.
intent to gain. o Robbery necessitates intent to gain.
Criminal intent and the will to commit a crime o Frustrated homicide necessitates intent to kill.
are always presumed to exist on the part of the When the accused is charged with intentional felony, absence
person who executes an act which the law of criminal intent is a plausible defense.
punishes, unless the contrary shall appear o If there is only error on the part of the accused, he does
Lack of intent to kill the deceased because offender meant to not act with malice and as such, he cannot be liable for
kill another person does not clear the offender of criminal intentional felony.
liability. Criminal intent is replaced by negligence and imprudence in
Lack of intent may be inferred from the facts of the case. felonies committed by means of culpa.

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VI. Mistake Of Fact o When an unlawful act is done willfully, mistake of the
A. General Points identity of an intended victim does not relieve the
Ignorantia facti excusat accused of criminal responsibility (People v. Gona).
o Ignorance of fact relieves the accused from criminal o Mistake in the identity of the intended victim is not
liability. reckless imprudence (People v. Guillen).
Mistake of fact is a misapprehension of fact on the part of 3. Mistake must be without fault or carelessness on the part of
the person who injury to another. He is not criminally liable, the accused
because he did not act with criminal intent. o People v. De Fernando
An honest mistake of fact destroys the presumption of criminal Accused shot a man going up the stairs because
intent which arises upon the commission of a felonious act. he thought he was an escaped felon
Accused is guilty of homicide through reckless
B. Requisites Of Mistake Of Fact As A Defense: negligence because he failed to take all the
1. Act would have been lawful is facts were as the accused necessary precautions to ensure the identity of
believed them to be. the man he eventually shot
o US v. Ah Chong The act done by the accused would have constituted:
Accused killed a man because after taking all of o A justifying circumstance (Article 11)
the necessary precautions, he thought that he o Absolutory clause (Article 247)
was being attacked by a robber o An involuntary act
Acquitted by mistake of fact because had the Resisting arrest is not a crime when there is a mistake of fact
facts been as the accused thought, his actions
would have constituted self defense. Also, the VII. Crimes Punishable By Special Laws
circumstances pressed him for immediate and A. General Points
decisive action Includes crimes punishable by municipal or city ordinances.
o People v. Oanis Dolo is not required.
Killed a sleeping man because he was mistaken o It is enough that the prohibited act is done freely and
for an escaped felon. consciously.
Accused was convicted because he did not take o The act alone, irrespective of its motives, constitutes
all the necessary precautions needed to verify the offense.
the identity of the person and the accused had People v. Bayona
no authority to shoot a sleeping man even if he Unwittingly but voluntarily brought a
was the escaped felon. Lastly, the gun into a polling place
circumstances did not press him for immediate Convicted because no matter what his
and decisive action. intentions were, the act prohibited by
2. Intention of the accused must be lawful. the special laws was committed
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Intent to commit the crime and intent to perpetuate the act had all the chances to surrender it to the
must be distinguished proper authorities.
o If there is no intent to perpetrate the act prohibited, o People v. Asa & US v. Samson Civilian guards who
there is no criminal liability acted in good faith and never had any intention of
committing an offense against the law prohibiting the
B. Reasons Why Criminal Intent Is Not Necessary In Crimes Made By carrying of loose firearms because they believed their
Statutory Enactment position in the civilian guard association warranted the
The act in itself, without the intervention of any other fact, is carrying of such firearms.
the evil. o Peope v. Mallari When the accused has a pending
o Example: Law Prohibiting display of revolutionary flags application for permanent permit to possess a firearm
The evil to society and to the government does and whose possession in not unknown to the
not depend upon the state of mind of the one authorities who actually advised him to keep his
who displays the banner, but upon the effect firearm for the meantime.
which that display has upon the public mind. o People v. Lucero When accused was given authority
The public is not affected by the intention of to carry a revolver in order to capture or kill a wanted
the offender but by the act itself. person.
When the doing of an act is prohibited by a special law, it is In all cases mentioned, the absence of intent to violate the law
considered that the act is injurious to public welfare and the was considered in favor of the accused.
doing of the prohibited act is the crime itself.
VIII. Mala In Se And Mala Prohibita Distinguished
C. Good Faith And Absence Of Criminal Intent Are Not Valid Defenses General rule: Acts in mala in se, there must be a criminal
In Crimes Punished By Special Laws intent; but those in mala prohibita it is sufficient if the
Since the offense is malam prohibitum, the performance of the prohibited act was intentionally done.
act itself will constitute the offense.
Exceptions: A. Mala In Se
o People v. Landicho If it is done in order to comply Wrongful from its nature.
with government policies. Crimes mala in se are those so serious in their effects on society
When there is a law prohibiting the carrying of as to call for almost unanimous condemnation from its
loose firearms in relation to a man who was members.
authorized to buy and collect guns to be sold to Punishable by Revised Penal Code.
the authorities later on, that individual is not
criminally liable. B. Mala Prohibita
This is not the same if the man held on to the Wrongful because it is prohibited by a statute.
firearms for a undue length of time when he
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Violations of mere rules of convenience designed to secure a Not applicable if perpetrator has been
more orderly regulation of the affairs of society positively identified (People v. Gadiana).
Found in special laws. Not applicable if perpetrator admits to crime
Refers generally to acts made criminal by special laws. (People v. Arcilla).
o When ascertaining the truth between two antagonistic
C. When The Acts Are Inherently Immoral, They Are Mala In Se Even If theories or versions of the killing (People v. Boholst-
Punished Under Special Law Caballero; People v. Lim; People v. Tabije)
People v. Sunico et al. o Where the identification of the accused proceeds from
o Voters names were omitted from the list. an unreliable source and the testimony is inconclusive
o The act was mala in se because the omission and failure and not free from doubt, evidence of motive is
to include a voters name in the registry list of voters is necessary (People v. Beltran).
not only wrong because it is prohibited, it is wrong per o When there are no eyewitnesses and suspicion falls on
se because it disenfranchises a voter and violates one a lot of people (People v. Melgar).
of his fundamental rights. o When evidence is merely circumstantial (People v.
o For such an act to be punished, it must be shown that Oquio).
said act was committed with malice. Not applicable if guilt is established by
sufficient evidence (People v. Corpuz).
IX. Motive o When there is no doubt that the accused committed
A. Intent Distinguished From Motive the crime, his motives are unimportant (People v.
Motive The moving power which impels one to action for a Feliciano).
definite result.
Intent The purpose to use a particular means to effect such C. How Motive Is Proved
result. Established by the testimony of witnesses on the acts or
statements of the accused before or immediately after the
B. Motive: When Relevant And When Not Need To Be Established commission of the offense.
Not an essential element of a crime; need not be proven for Establishment through the evidence presented.
purposes of a conviction. Lack of motive may be aid in showing innocence.
o Even a strong motive cannot take the place of proof Proof of motive alone is not sufficient to support a conviction.
beyond reasonable doubt. It cannot take the place of proof beyond reasonable doubt,
Good motives do not prevent an act from becoming a crime sufficient to overthrow presumption of innocence.
o Example: Mercy Killing
Relevance: Article 4. Criminal liability
o When the identity of the perpetrator is being disputed, Criminal liability shall be incurred:
the motive is very relevant (People v. Murray). 1. By any person committing a felony (delito) although the
13

wrongful act be different from that which he intended. o Cannot therefore be an act or omission punished by a
2. By an person performing an act which would be an offense special law because the offender violating such a law
against persons or property, were it not for the inherent may not have the intent to do an injury to another.
impossibility of its accomplishment, or on account of the US v. Divino
employment of inadequate or ineffectual means. Defendant who is not a medical
practitioner ties up a girl and sets her
POINTS on fire. He claims he is trying to cure
her ulcer and that he acted in good
I. The Manner Of Incurring Criminal Liability Under The Revised Penal faith.
Code Is Stated In Article 3 He is not guilty of a felony because he
This article has not reference to the manner criminal liability is had no intent to harm. He is however
incurred. guilty of physical injury through
imprudence and/or illegal practice of
II. One Who Commits An Intentional Felony Is Responsible For All The medicine.
Consequences Which May Naturally And Logically Result Therefrom, Although the wrongful act be different from that which he
Whether Foreseen Or Intended Or Not intended
One is not relieved from the criminal liability for the natural o Causes
consequence of ones illegal acts, merely because one does not Mistaken identity (error in personae) A
intend to produce such consequences. shoots B because he thinks he is C.
o Thus, one who fired his gun at B, but missed and hit C Mistaken blow (aberration ictus) A tries to
instead, is liable for the injury caused to C, although the shoot B but accidentally shoots C.
one who fired the gun had no intention to injure C. The act exceeds the intent (praeter
intentionem) A only intends to injure B but
III. Rationale Of Article 4 ends up killing him.
El que es causa de la causa es causa del mal causado o Examples
o He who is the cause of the cause is the cause of the evil People v. Mabugat
caused. Accused and B were sweethearts. They
got into a fight and one night, accused,
IV. Important Words with revolver in hand, waited for B and
Committing a felony her niece C to leave the house of D and
o Act or omission has to be punishable by the Revised head home. As they reached the house,
Penal Code. accused aimed and fired a shot at B but
o Necessitates malice because of the phrase that which instead hit C.
he intended.
14

Accused is criminally liable (frustrated o Accused is not criminally liable because the law permits
murder) him to use necessary force to retain what belongs to
People v. Tomotorgo him.
Accused, incensed by his wife, beats o If accused had been trying to strike Pacas and instead
her until she falls to the ground and hit someone else, he would be criminally liable.
complains of chest pains. Accused
proceeds to take his wife home and PAR. 1: BY ANY PERSON COMMITTING A FELONY (DELITO),
take care of her. Wife dies. ALTHOUGH THE WRONGFUL ACT DONE BE DIFFERENT FROM THAT
Accused is guilty of parricide. WHICH HE INTENDED
SC ruled that the fact that the accused
intended to maltreat his wife only or I. Requisites Of Article 4 Paragraph 1
inflict physical injuries does not exempt In order that a person may be held criminally liable for a felony
him from liability for the resulting and different from that which he intended to commit:
more serious crime of parricide 1. Intentional felony was committed
Maltreatment inflicted by the accused 2. The wrong done to the aggrieved party be the direct, natural,
was the proximate cause of wifes and logical consequence of the felony committed by the
death offender

V. When A Person Has Not Committed A Felony, He Is Not Criminally II. FIRST REQUISITE: Intentional Felony Was Committed
Liable For The Result Which Is Not Intended A. No Felony Is Committed When:
US v. Villanueva The act or omission is not punishable under Revised Penal
o Accused, out of curiosity, snatched a bolo carried by Code.
the victim in his belt. The victim was subsequently o Suicide is not punishable under the Revised Penal Code
injured. (Article 253) If A jumps off the building and lands on
o Accused is not criminally liable because there is no B, he is not criminally liable for intentional homicide.
provision punishing the act of snatching the property of The act is covered by any of the justifying circumstances in
another just to satisfy curiosity. Article 11
People v. Bindoy o Self defense, fulfillment of duty, etc.
o Accused, carrying a bolo in one hand, got into a heated o These acts must still be exercised with due care
altercation with Pacas wife. Pacas attempted to take otherwise the accused will be liable for culpable felony.
away the bolo from the accused and during the scuffle, o Example: People v. Salinas
an innocent bystander was injured. Accused, along with B, go to the house of C and
D. Accused enters the house, B stays outside. B
challenges C to a fight and accused holds on to
15

C to prevent him from going outside. A struggle General Rule: A person is criminally responsible for acts
ensues and D, while holding a baby, attempts committed by him in violation of the law and for all the natural
to free C from the accused. D ends up falling and logical consequences resulting therefrom.
down the stairs, baby in hand. The baby Examples
eventually dies. o US v. Valdez Victim who was threatened or chased
Accused cannot be criminally liable for holding by the accused with a knife, jumps into the water and
on to C and preventing him from engaging in drowns because of the heavy current.
what would have been a bloody encounter Accused is criminally liable.
with B because such an act is not punishable. o People v. Quianson Victim removes drainage from a
Similarly, accused is not guilty of the death of wound given to him by the accused in order to alleviate
the baby because the death was not the direct great pain. Victim subsequently contracts an infection
consequence of a crime seeing as how accused and dies.
did not committing any crime. Accused is criminally liable because he directly
caused the great pain which victim was trying
B. Any Person Who Creates In Anothers Mind An Immediate Sense Of to alleviate.
Danger, Which Causes The Latter To Do Something Resulting In The o People v. Moldes A wound that was inflicted was
Latters Injuries, Is Liable For The Resulting Injuries dangerous or calculated to destroy human life.
People v. Toling Immediate cause of death was erroneous medical
o Accused proceeds to commit robbery aboard a treatment.
jeepney. Accused threatens the passengers and Even if erroneous medical treatment comes
subsequently, B jumps out of the jeepney in order to into play, the one who inflicted the wound is
escape. B ends up hitting her head on the pavement still criminally liable.
and eventually dies. o People v. Illustre; People v. Rodriguez; People v. Reyes
o It was held that accused is guilty for the death of B Victim was suffering from an internal malady and
because he created an immediate sense of danger that said malady was fatally aggravated by a blow from the
prompted B to try and escape. accused.
o Similarly, if a person believing himself to be in danger Accused is criminally liable.
of death or great bodily harm jumps into the water and o US v. Marasigan Victim refused to submit to surgical
drowns, the person who caused him to believe he was operation.
in danger is criminally liable for his death Offended party is not obliged to submit to a
surgical operation to relieve the accused from
III. SECOND REQUISITE: Wrong Done Must Be The Direct, Natural, And the natural and ordinary results of his crime.
Logical Consequence Of A Felonious Act (Proximate Cause). o People v. Martir Injury was aggravated by infection
16

An accused is liable for all the consequences of a consequence of internal organs being
his acts, and the infection of a wound he has exposed during surgery.
caused is one of the consequences for which he Accused is criminally liable because the
is answerable condition would not have come about if B did
Except if infection is due to the malicious act of not need to undergo surgery because of
the offended party (US v. De los Santos). injuries inflicted by the accused.
Cases If it clearly appears that the injury would not have caused
o People v. Quianson death, in the ordinary course of events, but would have healed
A injures B. While taking medical treatment, B in so many days and where it was shown beyond all doubt
removes the drainage from his wound in order that the death was due to the malicious or careless acts of the
to alleviate immense pain. This results in the injured person or a third person, the accused is not criminally
development of an infection which eventually liable for homicide
leads to the death of B.
A contends that he was not involved in the A. Proximate Cause
taking out of the drainage which eventually led The felony committed must be the proximate cause of the resulting
to the infection and subsequent death. injury
Court rules that A is criminally liable for the Proximate cause is that cause which, in natural and
death of B because his removal of the drainage continuous sequence, unbroken by any efficient intervening
was due to the immense pain he felt from the cause, produces the injury, and without which the result would
wounds inflicted by A. not have occurred.
o US v. Marasigan o Natural refers to an occurrence in the ordinary course
Accused strikes at B with a knife. In an attempt of human life or events.
to ward off the blow, the finger of B was o Logical means that there is a rational connection
severed. between the act of the accused and the resulting injury
Claims of the accused that B can get surgery in or damage.
order to restore his finger is not a valid defense Proximate legal cause
because B is not obliged to receive surgical o That acting first and producing the injury, either
treatment in order to relieve accused of his immediately, or by setting other events in motion, all
liability. constituting a natural and continuous chain of events,
o People v. Reloj each having a close causal connection with its
Accused stabs B with an ice pick. B undergoes a immediate predecessor.
successful surgical operation but days later he o There must be a relation of cause and effect, the
dies because of a condition that takes place as cause being the felonious act of the offended, the
17

effect being the resultant injuries and/or death of the that gasoline was leaking (gasoline has a distinct scent)
victim. and should have warned the men with torches.
Not altered because of pre-existing conditions, People v. Luces
predisposition of the offended party or the o Accused gave a fist blow to victim in the stomach,
concomitant or concurrent conditions, or the causing her to fall to the ground and become
conditions supervening the felonies. unconscious. Victim never regains consciousness and
Exceptions (felony committed is not proximate cause when) eventually dies. Autopsy shows that cardiac failure was
1. There is an active force that intervened between the probable cause for death.
felony committed and the resulting injury, and the o Accused argues that cardiac failure and not the fist
active force is a distinct act or fact absolutely foreign blow was not the cause of death.
from the felonious act of the accused. o Court rules that the fist blow was the primary and
2. The resulting injury is due to the intentional act of the proximate cause of death because the cardiac failure
victim. (incurred either directly because of the fist blow, while
The offender is criminally liable for the death of the victim if his falling to the ground, or while being unconscious) was
delictual (wrongful) act caused, accelerated, or contributed to caused by the fist blow.
the death of the victim. He who is the cause of the cause is the cause of
the evil caused.
B. How To Determine The Proximate Cause Causes, not being efficient intervening causes, do not break
Vda. de Bataclan, et al. v. Medina the relation of cause and effect the felony committed and
o Passenger bus travelling in the province at 2 in the the resulting injury.
morning turns over, trapping 4 passengers. Gasoline
begins to leak and spread all over the bus. Men with C. Intervening Causes
torches come to help out the trapped passengers but The following are not efficient intervening causes
the fire from their torches (keep in mind the gasoline People v. Illustre & People v. Reyes The weak or diseased
that spread all around the bus) causes the bus to physical condition of the victim, as when one is suffering from
become engulfed in flames. tuberculosis or heart disease.
o It was ruled that the proximate cause was not the fire People v. Almonte & People v. Quianson Nervous
from the torches but instead the turning over of the temperament, as when a person dies in consequence of an
bus. The arrival of men carrying torches in the middle internal hemorrhage because he was moving around against
of the night to help the trapped passengers was a doctors orders because of his nervous temperament due to the
natural consequence seeing as how it was dark and wound inflicted by the accused.
they were in the province. People v. Buhay, US v. Valdez Causes inherent to the victim
o Furthermore, there is negligence on the part of the o Victim does not know how to swim
agents of the carrier since they would have realized o Victim is an alcoholic
18

US v. Marasigan & People v. Red Neglect of the victim or a If the consequences produced have resulted from a distinct act
third person. or fact absolutely foreign from the criminal act, the offender is
o Refusal of victim to undergo surgery not responsible for such consequences.
o Failure of doctors to give anti-tetanus injection to the A person is not liable criminally for all possible consequences
injured person which may immediately follow his felonious act, but only for
People v. Moldes Erroneous or unskillful medical treatment such as are proximate:
as when the assault took place in an outlying barrio where o People v. Rockwell
proper modern surgical service was not available A strikes B. B falls to the ground. A horse jumps
Case: People v. Piamonte, et al. on B and kills him.
o A stabs B. B is successfully operated on but eventually A is not liable for the death of B
he contracts a condition due to his weakened state. o US v. De los Santos
o A is criminally liable because the stabbing was the A lightly injures B. B deliberately immerses
proximate cause of death. himself in a cesspool of filth. The injuries of B
become greater.
D. Natural Consequence A is not liable for the worsened condition of B.
When death is presumed to be the natural consequence of physical o People v. Palalon
injuries inflicted A strikes B with the back of his hand. Later on,
1. The victim was in normal health when the injury was inflicted. B dies. There is a prevalent sickness in the
2. Death may be expected from the physical injuries inflicted. locality.
3. Death ensued within a reasonable time. A is not liable for the death of B because it is
Case: People v. Tammang reasonable to believe that it could have been
o Boy was in good health the morning of the incident. caused by the prevalent sickness in the locality.
Teacher assaults boy and boy complains about o US v. Embate
experiencing oppressive pain to his mother later on. Accused strikes a child who was seriously ill.
Boy vomits blood until he dies 3 days later. Child dies two days later.
o Teachers liability for homicide necessarily follows from Accused is not liable for childs death because it
the premises stated. cannot be established if the illness or the strike
o Had it been proven that the boy died from caused the death.
hypochondria and not the injuries inflicted by the o Urbano v. IAC
teacher, accused would have been acquitted on the When medical findings lead to the possibility
charge of homicide. that the infection of the wound was an efficient
Not direct, natural, and logical consequence of the felony committed. intervening cause (not a proximate cause), the
accused must be acquitted of the crime of
homicide
19

Infanticide (Article 255),
PAR. 2: BY ANY PERSON PERFORMING AN ACT WHICH WOULD BE AN Abortion (Article 256, 257, 258, and 259),
OFFENSE AGAINST PERSONS OR PROPERTY, WERE IT NOT FOR THE Duel (Article 260 and 261),
INHERENT IMPOSSIBILITY OF ITS ACCOMPLISHEMTN, OR ON Physical injuries (Art, 262, 263, 264, 265, 266)
ACCOUNT OF THE EMPLOYMENT OF INADEQUATE OR INEFFECTUAL Rape (Article 266-A)
MEANS o Felonies against property
Robbery (Art. 294, 297, 298, 299, 300, 302,
I. Impossible Crimes 303)
The commission of an impossible crime is indicative of criminal Brigandage (Article 306 and 307)
propensity or criminal tendency on the part of the actor. Theft (Article 308, 310, 311)
o Such person is therefore a potential criminal. Usurpation (Article 312 and 313)
o The community must be protected from anti-social Culpable insolvency (Article 314)
activities, whether actual or potential, of the morbid Swindling and other deceits (Article 315, 316,
type of man called socially dangerous person. 317 and 318)
Chattel mortgage (Article 319)
II. Requisites Of Impossible Crime Arson and other crimes involving destruction,
1. Act performed would be an offense against persons or property malicious mischief (Article 327, 328, 329, 330
2. Act was done with evil intent and 331)
3. Accomplishment is inherently impossible or that the means o If the act performed would be an offense other than a
employed are inadequate or ineffectual felony against persons or property, there is no
4. Act is not a violation of another provision of the Revised Penal impossible crime
Code Act was done with evil intent (Requisite 2)
o Offender must have the intent to do an injury to
III. Important Words And Phrases another
Performing an act which would be an offense against persons Stabbing a persons corpse to satisfy a grudge is
or property (Requisite 1) not a crime if and when the accused knew that
o A felony against persons or property should not be the person was already dead
actually committed, for, otherwise, offender would be o A takes the check payment meant for her company and
liable for that felony. This means there is no impossible deposits it in her own account. The check bounces.
crime to speak of. Accused found guilty of an impossible crime
o Felonies against persons There can be no question that as of the time
Parricide (Article 246) accused took possession of said check, she had
Murder (Article 248), performed all the acts to consummate the
Homicide (Article 249),
20

crime of theft, had it not been impossible of Objectively, the offender has not committed a felony but
accomplishment in this case subjectively, he is a criminal
o A peppers the bedroom of B with bullets. B was not in
his bedroom. Article 5. Duty of the court in connection with acts which should be
Convicted of an impossible crime repressed but which are not covered by the law, and in cases of
Were it not for the inherent impossibility of its excessive penalties.
accomplishment or on account of the employment of Whenever a court has knowledge of any act which it may deem
inadequate or ineffectual means proper to repress and which is not punishable by law, it shall render
o Inherent impossibility of accomplishment the proper decision and shall report to the Chief Executive, through
Legal impossibility the Department of Justice, the reasons which induce the court to
Physical impossibility believe that said act should be the subject of legislation.
Examples:
Trying to kill a person without knowing In the same light, the court shall submit to the Chief Executive,
that he is already dead legal and through the Department of Justice, such statements as may be
physical impossibility. deemed proper, without suspending the execution of the sentence,
Trying to poison a person with arsenic when a strict enforcement of the provisions of this Code would result
when it turns out, only salt was used. in the imposition of a clearly excessive penalty, taking into
Stealing a watch even if it turns out the consideration the degree of malice and the injury caused by the
said watch is actually yours legal offense.
impossibility,
Attempting to steal money from a safe POINTS
that turns out to be empty.
o Employment of inadequate and ineffectual means I. First Paragraph Pertains To Acts Which Should Be Repressed But
Examples Which Are Not Punishable By Law.
A tries to poison B with a decent Basis of Paragraph 1: Nulllum crimen, nulla poena sine lege
amount of arsenic but B does not die o There is no crime if there is no law that punishes the
because he has strong resistance to act (no matter how bad that act may be).
arsenic Trial of a criminal case requires the following:
A tries to shoot B in the head only to 1. The act committed by the accused appears not
find out the gun is not loaded when he punishable by any law.
pulls the trigger 2. The court deems it proper to repress such act.
3. In that case, the court must render the proper decision
IV. Purpose Of The Law In Punishing The Impossible Crime by dismissing the case and acquitting the accused.
To suppress criminal propensity or criminal tendencies
21

4. The judge must then make a report to the Chief In light of the circumstances surrounding the
Executive through the Secretary of Justice, stating the case, the court recommended the accused be
reasons which induce him to believe that the said act pardoned after serving 4 months of the
should be made the subject of penal legislation. sentence
People v. Cabagsan
II. Second Paragraph Pertains To Excessive Penalties o Accused alters documents in order to show that a
Second paragraph requires the following: person was arrested on a later day. Falsifications were
1. The court of trial finds the accused guilty done in order to make it appear that there was no
2. The penalty provided by law and which the court delay in the preliminary investigation being conducted
imposes for the crime committed appears to be clearly on the case.
excessive because It was ruled that there was an apparent lack of
The accused acted with lesser degree of malice malice and a total absence of injury
There is no injury or the injury caused is of People v. Canja
lesser gravity o Battered wife kills her husband and confesses to doing
3. The court should not suspend the execution of the so
sentence. Court recommended that the accused is
4. The judge should submit a statement to the chief deserving of executive clemency, not of full
executive, through the Secretary of Justice, pardon but of a substantial if not radical
recommending executive clemency. reduction or commutation of her life sentence
People v. Manlapaz
A. Cases o Accused committed simple rape
People v. Monleon The penalty for simple rape was increased from
o Accused maltreats his wife while inebriated. Wife dies. reclusion temporal to reclusion perpetua as a
Since the accused had no intent to kill his wife means to deter rampant cases of rape
and her death may have been hastened by lack happening after WWII.
of proper medical care, the punishment of It was recommended that after the accused
reclusion perpetua appears to be excessive. shall have served a term of imprisonment
People v. Espino consistent with retributive justice, executive
o Accused steals coconuts for his familys consumption. clemency may be extended to him.
Punishment for the crime was 4 months and 1
day of arresto mayor to 3 years, 6 months, and B. Penalties Are Not Excessive When Intended To Enforce A Public
21 days of prison correccional according to the Policy
Revised Penal Code. People v. Estoista
22

o Rampant lawlessness justifies imprisonment for
promiscuous carrying and use of powerful firearms C. Courts Are Not The Forum To Plead For Sympathy
when ordinarily such a penalty would seem excessive. Dura lex sed lex
People v. Tiu Ua o The law is hard but it is the law
o Heavy fines imposed by congress to repress
profiteering so that people would not take advantage III. Strict Enforcement Of The Provisions Of This Code
of critical conditions (like a global recession, strong Article 5 may not be invoked for cases of mala prohibita
storms, etc.) to make unusual profits. because it is expressly worded that Article 5 only applies to
strict enforcement of the provisions of the Revised Penal Code
III. Duty Of The Courts To Apply The Law
A. Courts Have The Duty To Apply The Penalty Provided By Law Article 6. Consummated, frustrated, and attempted felonies.
It is the duty of judicial officers to respect and apply the law, Consummated felonies as well as those which are frustrated and
regardless of their private opinions. attempted are punishable.
o Courts are not concerned with the wisdom, efficacy, or
morality of laws. Such questions fall exclusively within A felony is consummated when all the elements necessary for its
the legislative that makes the law and the executive execution and accomplishment are present; and it is frustrated when
who approves or vetoes it. the offender performs all the acts of execution which would produce
o Example the felony as a consequence but, which, nevertheless do not produce
Judge sentences accused to life imprisonment it by reason of causes independent of the will of the perpetrator.
when the law clearly states that the
punishment should be death. There is an attempt when the offender commences the commission of
In this situation, the judge did not fulfill a felony, directly through overt acts, and does not perform all the acts
his duty of execution which would produce the felony by reason of some cause
or accident other than his own spontaneous desistance.
B. Judge Has The Duty To Apply The Law As Interpreted By The
Supreme Court POINTS
Judge must first think that it is his duty to apply the law as
interpreted by the Highest Court of the land, and that any I. Development Of Crime
deviation from a principle laid down by the latter would From the moment the culprit conceives the idea of committing
unavoidable cause, as a sequel, unnecessary inconveniences, a crime up to the realization of the same, his act passes through
delays and expenses to the litigants certain stages.
Judge is free to state his opinion on the matter if his views
contrast with those of the SC but he must still follow the A. Stages:
interpretation of the SC 1. Internal acts
23

o Thoughts in the mind of the person; can never be 4. The non-performance of all acts of execution was due to a
punishable no matter how evil they are. cause or accident other than his own spontaneous desistance.
o Mere intent to commit a crime cannot be punished if it
produces no effect. B. Important Words And Phrases For Attempted Felony
o Intent and effect must concur. Commences the commission of a felony
2. External acts o Two requisites:
a. Preparatory acts i. There must be an external act committed.
Ordinarily they are not punishable unless ii. External acts must be connected with the crime
provided by law. intended to be committed.
The act of buying poison is not Directly by overt acts
necessarily punishable. o Only offenders who personally execute the commission
Carrying a picklock is punishable of a crime can be guilty of attempted felony.
because there is a provision against it. If A tells B to kill C but B refuses
BUT preparatory acts which are considered in A is not liable for attempted homicide
themselves by law as independent crimes are since the attempt was not done
punishable. directly with physical activity
Article 304 The possession of If A tells B to kill C and B shoots at C and misses
picklocks is a preparatory act to the A and B are criminally liable of
commission of robbery. attempted felony because of
b. Acts of execution conspiracy. In conspiracy, the act of
Punishable by law one is the act of all.
Stages of acts of execution: Does not perform all the acts of execution
AttemptedFrustratedConsummate o If all the acts of execution are performed, it is
d automatically either frustrated or consummated.
All stages of acts of execution are punishable o If not all acts are performed, it is only attempted.
US v. Eduave
II. STAGE 1: Attempted Felony If anything yet remained for him to do,
A. Elements Of Attempted Felony he would be guilty of an attempted
1. Commencement of the commission of the felony directly by crime.
overt acts. People v. Lamahang
2. Offender does not perform all acts of execution which should Accused did not enter the store
produce the felony. therefore there was only an attempted
3. The offenders act is not stopped by his own spontaneous trespass.
desistance. By reason of some cause or accident
24

o Cause A shoots B and misses. A decides not to shoot
A tries to pickpocket B but B catches him anymore.
before he can do so. A is not guilty of attempted homicide
A has not done all the acts of execution because of his spontaneous desistance
in relation to pick pocketing. but he is guilty of making grave threats
o Accident which he had already committed.
A tries to shoot B but the gun jams.
A has not committed all the acts of Subjective phase of the offense
execution. In an attempted felony, the offender never gets past the
Other than his own spontaneous desistance subjective phase.
o You cannot be punished if you stop yourself from Definition
committing a crime. o That portion of the acts constituting the crime, starting
o It is a sort of reward granted by law to those who, from the point where the offender begins the
having one foot on the verge of crime, heed the call of commission of the crime to that point where he still has
their conscience and return to the path of control over his acts, including their natural cause.
righteousness. As long as he does not commit the last act of
o One who takes part in planning a criminal act but execution, offender is still in the subjective
desists in its actual commission is exempt from criminal phase
liability. Example: A tries to poison B with poisoned soup.
Could have been caused by his conscience o Subjective phase ends as soon as the B swallows the
o It does not matter if spontaneous desistance was due soup.
to either fear or remorse as long as act is stopped on
account of the would-be offenders own free will. III. Overt Acts
o Desistance must be made before the crime is Some physical activity or deed indicating the intention to
committed. commit a particular crime, more than a mere planning or
A steals a chicken & brings it back an hour later. preparation, which if carried to its complete termination
Robbery has already been committed following its natural course, without being frustrated by
therefore the return of the chicken external obstacles, nor by the voluntary desistance of the
does not free A from criminal liability. perpetrator, will logically and necessarily ripen into a concrete
o Own spontaneous desistance exempts one from offense.
criminal liability for the intended crime, and not from
any crimes which may have been committed before the A. Distinguishing Between Preparatory Acts And Overt Acts
desistance. Act of buying poison
25

o On its own, this act is a mere preparatory act because o Cannot be counted as attempted robbery because the
it does not logically follow that he who buys poison mere act of making an opening in the wall of the store
wishes to commit a felony. does not immediately mean that a robbery was taking
o It becomes an overt act when he who buys poison place.
begins to mix said substance into a soup which he will o The crime that the accused was convicted of was
serve to his intended victim. In such case, there is clear attempted trespass given that when he was caught, the
intent to poison a person only act that he had committed so far was the making
People v. Tabago of an opening in the wall of the store.
o Accused seemed to be drawing his pistol while talking
to a policeman. IV. Indeterminable offense
o Accused is not criminally liable for attempted homicide It is one when the purpose of the offender in performing an act
because merely drawing a pistol does not show intent is not certain. Its nature in relation to its objective is
to kill. ambiguous.
o To constitute attempted homicide, the person using a
firearm must fire it, with intent to kill, at the intended A. The Intention Of The Accused Must Be Viewed From The Nature Of
victim without inflicting a mortal wound. The Acts Executed By Him, And Not From His Admission
US v. Simeon The intention of the accused must be ascertained from the
o Accused raised a bolo as if to strike at the offended facts
party. o It is necessary that the mind be able to directly infer
o Not an overt act because there was no blow struck, and from the facts the intention of the perpetrator to cause
there is no proof that the accused issued threats to kill a particular injury.
or to do bodily harm. People v. Lamahang
B. Overt Acts May Not Always Be Physical Activities o Acts susceptible of double interpretation, that is, in
US v. Gloria favor as well as against the accused, and which show an
o Offering money to a public officer with the purpose of innocent as well as a punishable act, must not and
corrupting him is an overt act in the crime of corruption cannot furnish grounds by themselves for attempted
of a public officer. crime.
o Acts must be shown to be directly aimed at the
C. External Acts Must Have Direct Connection With The Crime execution of the crime, and therefore they must have
Intended To Be Committed By The Offender an immediate and necessary relation to the offense.
People v. Lamahang
o Accused was caught making an opening in the wall of a V. STAGE 2: Frustrated Felony
store while the owners were asleep. A. Elements Of Frustrated Felony
1. Offender commits all acts of execution.
26

2. All the acts performed would produce a felony. What ought to be considered is whether or not
3. Felony is not produced. all the acts of execution that would produce
4. By reason of causes independent of the will of the perpetrator. the felony as a consequence were performed.
Would produce the felony as a consequence
B. Important Words And Phrases For Frustrated Felony o All the acts of execution performed by the offender
Performs all the acts of execution could have produced the felony as a consequence.
o Nothing left to be done by the offender. A tries to stab B but instead stabs the back of
Homicide Offender is able to afflict a fatal the chair where B was sitting. Attempted
wound. murder only because murder would not have
o The SC in some cases has emphasized the belief of the been produced as a consequence of the actions
accused. performed by A.
People v. Sy Pio o Does not pertain to the stopping of the felony from
A shoots at B. B escapes and A does not happening because the performance of the acts of
chase him. execution were prevented.
A cannot be accused of frustrated Do not produce it
homicide because he knew that he did o If the intended felony was produced, the act is
not perform all the acts of execution consummated.
necessary to kill his victim. Independent of the will of the perpetrator
A is guilty of attempted murder. o If the crime is not produced because of the timely
People v. Dagman intervention of a third party (after all acts of execution
A shoots at B. B pretends to be dead. A have been committed).
no longer shoots at B. o If the crime is stopped because of spontaneous
A is guilty of frustrated homicide desistance (perpetrators own will), there is no
because he only stopped shooting frustrated felony, because the 4th element is absent.
because he thought he had already o Example:
killed B. Doctor poisons wife but immediately
US v. Eduave administers to her an adequate antidote.
A thinks he kills B and disposes of the Not guilty of frustrated parricide because the
body in the bushes. intervening cause that saved the wife was not
A is guilty of frustrated homicide independent of the will of the perpetrator.
because he believed he had already Doctor is only guilty of physical injuries since
killed B. the wife already ingested the poison before he
o The belief of the accused need not always be administered the antidote.
considered.
27

C. Is There Frustration Due To Inadequate Or Ineffectual Means? o People v. Somera where the head of the offended
Such a frustration would be tantamount to an impossible crime party was merely grazed by the shot which hit him, the
wound being far from fatal.
D. Distinguishing Frustrated Felony From Attempted Felony
In frustrated felony, the offender has reached the objective E. Distinguishing Attempted Or Frustrated Felony From Impossible
phase (completion of all acts of execution) while in attempted Crime
felony, the offender has not made it past the subjective phase In attempted or frustrated felony, the crime could have been
In the following cases, the stage of execution was held to be accomplished in impossible crime, the crime can never be
frustrated, because the wound inflicted was mortal: accomplished.
o People v. Honrada Accused stabbed the offended Attempted or frustrated felony are thwarted by external
party in the abdomen, penetrating the liver, and in the reasons impossible crime is thwarted by internal reasons
chest. such as the inherent impossibility of the crime or the
o People v. Mercado Accused wounded the victim in employment of inadequate or ineffectual means by the
the left abdomen with a sharp-edged weapon which offender.
was serious enough to have possibly caused death.
o People v. David Accused in firing his revolver at the VI. STAGE 3: Consummated Felony
offended party hit him and perforating the lungs. A. Important Words And Phrases For Consummated Felony
Victim was only saved by timely medical attention. All the elements necessary for its execution and
In the following cases, the stage of execution was held to be accomplishment are present.
attempted, because there was no wound inflicted or the o Every crime has its own elements which must all be
wound inflicted was not mortal: present to constitute a culpable violation of a precept
o US v. Bien Accused threw the victim, who didnt of law.
know how to swim, into deep water. Victim held on the
boat, and the accused tried to hit him with the oar. B. What Happens When Not All The Elements Of A Felony Are Proved?
Accused was prevented from striking the victim, and Felony is not shown to have been consummated.
hence there was only attempted homicide. Felony is not shown to have been committed.
o People v. Kalalo Not having hit the offended part Another felony is shown to have been committed.
despite firing four successive shots, the accused failed Examples
to perform all acts of execution. o Homicide not consummated without death.
o People v. Domingo Two physicians testifying could o Theft not consummated if no intent to gain.
not agree on the seriousness of the wound. One of o Estafa not consummated if there is no deceit or
them said the wounds were not serious enough to abuse of confidence proven.
produce death even if no medical assistance had been Can instead be found guilty of attempted or
given to the offended party. frustrated estafa.
28

o Robbery with violence not consummated if no intent Court rules they are guilty of
to gain. consummated theft.
Can instead be found guilty of grave coercion. Estafa
o Forcible abduction not consummated if no element o The crime is consummated when the offended party is
of lewd designs is proved. actually damaged or prejudiced.
Can instead be found guilty of kidnapping and US v. Dominguez
serious illegal detention. A receives money from a sale which he
should give to the cashier. A puts the
VII. How To Determine Between Attempted, Frustrated, And money in his pocket with intent to
Consummated misappropriate the amount.
A. Nature Of Crime Court ruled that this is frustrated estafa
Arson because estafa can only be
o Attempted poured gasoline around the house but consummated when the offended
got caught before he could strike a match. party has been damaged or prejudiced.
o Frustrated poured gasoline around the house and lit
the fire but the house did not burn C. Manner Of Committing Crime
o Consummated poured gasoline around the house 1. Formal crimes Consummated in one instant; no attempt.
and lit the fire. The house is burning. o There are crimes like slander and false testimony that
are consummated by a single act. It is either
B. Elements Constituting The Felony consummated or not.
Theft 2. Crimes Consummated By Mere Attempt
o Consummated when thief is able to get hold of object o Flight to enemys country a mere attempt is a
even if he is not able to carry it away consummated felony.
US v. Adiao o Corruption of minors a mere proposal to satisfy the
A steals a belt and keeps it in his desk. lust of another will consummate the offense.
Belt is found in his desk shortly after. 3. Felony By Omission
Court ruled that the theft had been o There is no attempted stage because in this kind of
consummated because A was already felony, the offender does not execute acts.
in possession of the belt. 4. Crimes Requiring The Two Or More Persons Is Consummated
People v. Espiritu By Mere Agreement
Accused steal linen curtains and put o Corruption of a public officer consummated if
these items in the back of their truck. agreement is reached; attempted if offer is rejected.
Accused gets caught when they try to o Cases
pass a checkpoint. People v. Diego Quin
29

A gives B a bribe. B later returns the o A wounds B. A and B grapple
bribe. for the gun. C stabs B.
A is guilty of frustrated bribery because o Though it was C who inflicted
all the acts of execution were done but the proximate cause of death,
the end result was not attained A is liable because of the
because the money was returned existence of a conspiracy
US v. Te Tong between A and C.
A gives B a bribe. B accepts bribe Attempted
because he will use it as evidence People v. Ramolete
against A later on. o A shoots B but misses all the
A is guilty of frustrated bribery because vital organs.
all the acts of execution were done but o A is liable for attempted
the end result was not attained homicide because all the acts
because the money was returned of execution were not done
5. Material Crimes (you have to mortally wound
o Crimes with 3 stages of execution your target in order to
Attempted, frustrated, consummated complete all the acts of
o Rape: execution).
Consummated entry of the labia or lips of o Murder
the female organ without rupture of the hymen Frustrated
or laceration of the vagina is generally held People v. Mision
sufficient to warrant conviction of the accused o A stabs B and C. B dies, C lives.
for the consummation of rape o A is liable for frustrated murder
People v. Orita Perfect penetration in relation to C.
is not essential
Frustrated There is doubt as to whether Frustrated theft
accused succeeded in penetrating the vagina. The Espiritu and Dino cases
Attempted The accused, on top of the o Both were claimed to be cases of frustrated theft
victim, firmly endeavored to have sexual because they were unable to dispose freely of the
intercourse with the victim but the victim articles stolen
managed to get away. People v. Espiritu
o Homicide Accused stole a truck in a compound
Consummated surrounded by a tall fence. Accused
People v. Sazon was caught before he left compound
30

People v. Dino taken and/or is in a position to dispose of it
Court ruled that there was no freely.
consummated theft because the truck
and van that were being stolen were Attempted theft and Estafa
still within the compound Attempted theft
o Supreme court says that there is no crime of frustrated o People v. De la Cruz
theft and that the Espiritu and Dino cases should not be A tries to steal a jeep but he cannot do so
adopted in this jurisdiction because there was an iron bar on the gearshift.
Ability of the offender to freely dispose of the A is guilty of attempted theft because he was
property stolen is not a constitutive element of unable to perform all the acts of execution.
the crime of theft. Attempted estafa
Theft is produced when there is deprivation of o US v. Villanueva
personal property due to its taking by one with A pretends to be of authority in order to collect
intent to gain. money from B. B does not pay him the money.
It should be immaterial if the offender was able A is guilty of attempted estafa because he
to freely dispose of the property stolen since began the acts of execution (pretending he was
the owner of the said property has already an authority figure) but was not able to
been deprived. complete it (because B did not give him the
The unlawful taking is deemed complete from money).
the moment the offender gains possession of
the thing, even if he has no opportunity to Frustrated Estafa
dispose of the same. People v. Gutierrez
People v. Del Rosario o Accused makes false representations in order to get
o Accused entered the bodega through a hole in the floor money from B. Accused is able to receive money from B
but were caught before they could put a sack of sugar but is arrested before he can receive the full amount.
into the hole from whence they came. o All acts of execution were committed; frustrated
o Accused liable for frustrated theft. because of the intervention of the policeman.
In robbery by the use of force upon things, People v. Castillo
offender must enter the building and exit it o Accused is able to receive money but is immediately
carrying the stolen goods. arrested because the whole situation was a setup
In robbery with violence against or intimidation meant to catch him in the act of estafa.
of persons, the crime is consummated the
moment the offender gets hold of the thing VIII. Element Of Intent To Kill When Inflicting Physical Injuries
31

If there is intent to kill, offender could be liable for attempted Light felonies are punishable only when they have been
or frustrated parricide or murder. consummated, with the exception of those committed against
o US v. Joven persons or property.
Accused inflicts several wounds on the victim.
Accused utters until I can kill you. POINTS
Attempted homicide, not physical injuries,
because clear intent to kill can be established I. What Are Light Felonies?
o US v. Maghirang Infractions of the law punished by arresto menor, a fine not
Accused inflict wounds on shoulder and lips of exceeding 200 pesos, or both (Article 9, par. 3).
the victim using a bolo and then stops. Light Felonies punished by the Revised Penal Code:
Not frustrated homicide but serious physical o Slight physical injury (Article 266)
injuries because there is no intent to kill. o Theft (Article 309, par. 7 & 8)
o Mondragon v. People o Alteration of boundary marks (Article 313)
A hits B. B retaliates by hitting him with a bolo. o Malicious mischief (Article 328, par.3; Art. 329, par.3)
A runs away. o Intriguing against honor (Article 364)
A is liable for less serious physical injuries
because there was no intent to kill since he ran II. General Rule: Punishable only when consummated unless
away. committed against persons or property
o People v. Malinao Light felonies product such light, insignificant moral and
A voluntarily leaves his victim after giving him a material injuries that the public is satisfied with providing a
thrashing. light penalty for their consummation.
Mere physical injuries and not murder because If they are not consummated, the wrong done is so slight that
there is no intent to kill that can be established. there is no need to penalize it.

IX. There Is No Attempted Or Frustrated Impossible Crime III. Reasons For The Exception
In impossible crime, all the acts of execution were committed Light felonies against persons or property presupposes moral
therefore an attempt is impossible. depravity of the offender.
There is no frustrated impossible crime because the acts For this reason, even attempted and frustrated light felonies
performed by the offender are considered as constituting a against persons or property is punishable.
consummated crime.
The act was completely carried out, the result was just IV. Examples
inherently impossible. Light felony against persons
o Slight physical injuries and maltreatment (Article 266)
Article 7. When light felonies are punishable Light felony against property
32

o Theft by hunting, fishing, or gathering of forest or farm
products within a enclosed area where trespass is II. Reason For The Rule
prohibited and the value of items stolen is less than 5 Conspiracy and proposal to commit a crime are only
pesos (Article 309, No. 7) preparatory acts, and the law regards them as innocent or at
o Theft of items valued at less than 5 pesos where the least permissible except in rare and exceptional cases.
offender was prompted by hunger, poverty, or the As long as the conspirators do not perform overt acts in
difficulty of earning a livelihood (Article 309, No. 8) furtherance of their malevolent designs, the sovereignty of the
o Altering boundary marks (Article 313) state is not outraged and the tranquility of the public remains
o Malicious mischief where the damage less than 200 undisturbed.
pesos or it cannot be estimated (Article 328, No.3)
III. When A Felony Is Committed, The Existence Of A Conspiracy
Article 8. Conspiracy and proposal to commit felony Assumes Pivotal Importance In Determining Who Is Criminally Liable.
Conspiracy and proposal to commit felony are punishable only in the
cases in which the law specially provides a penalty therefore. IV. Treason, Rebellion, Coup Detat, Insurrection, Sedition Must
Actually Not Be Committed
A conspiracy exists when two or more persons come to an agreement If they are committed, the charge is no longer proposal to or
concerning the commission of a felony and decide to commit it conspiracy to commit but rather the act itself.
o Ex:
There is proposal when the person who has decide to commit a felony If A commits treason, he is guilty of treason and
proposes its execution to some other person or persons not conspiracy or proposal to commit treason
because the act of treason has already been
POINTS committed.
A cannot be charged with treason and
I. Important Words And Phrases conspiracy to commit treason at the same
Conspiracy and proposal to commit felony time.
o Two different things: (1) conspiracy & (2) felony Though it must be said that the establishment of a conspiracy
Only in the cases in which the law specially provides a penalty could be used to see who else is criminally liable.
therefore
o There must be a specific provision in the Revised Penal V. Conspiracy
Code punishing a specific instance of conspiracy or A. Examples Of Conspiracy As A Felony And Conspiracy As A Manner
proposal. Of Incurring Criminal Liability
Treason (Article 115) A and B decide to rise publicly and take arms against the
Rebellion (Article 136) government with the help of their followers.
Sedition (Article 141)
33

o If they carry out their plan, A and B are guilty of oMust be shown that defendant received or accepted
rebellion. the agreement
o If they do not carry out their plan, A and B are guilty of 2. Agreement concerned the commission of a felony
conspiracy to commit rebellion. 3. Execution of the felony be decided upon
A, B, and C conspire to kill D.
o If they do not carry out their plan, they are not D. Direct Proof Is Not Essential To Establish Conspiracy
criminally liable because conspiracy to commit murder Existence of conspiracy can be inferred from the collective acts
is not punishable by law. of the accused before, during, and after the commission of the
o If they carry out their plan, they are all liable for crime
murder even if A was just a lookout or B was the only o Not necessary to show that all conspirators actually hit
who really harmed D. and killed the victim
The fact that there was a conspiracy between
A, B, and C is enough grounds to make all of E. Indications Of Conspiracy
them criminally liable for the murder of D. When the defendants by their acts aimed at the same object,
one performing one part and the other performing the other so
B. Article 186 Of The Revised Penal Code Punishing Conspiracy as to complete it, with a view to the attainment of the same
Monopolies and combinations in restraint of trade. object, and their acts, though independent, were in fact
o Penalty is prision correccional in its minimum period or concerted and cooperative, indicating closeness of personal
a fine ranging from 200 to 6,000 pesos, or both. association, concerted action and concurrence of sentiments,
Any person who shall enter into any contract or the court will be justified in concluding that said defendants
agreement or shall take part in any conspiracy were engaged in a conspiracy.
or combination in the form of a trust or o At the time of the aggression, all of them acted in
otherwise, in restraint of trade or commerce or concert, each doing his part to fulfill their common
to prevent by artificial means free competition design to kill the victim, and although only one of them
in the market. may have actually stabbed the victim, the act of that
Any person who, being a manufacturer, one is deemed to be the act of all.
producer, shall combine, conspire or agree with Acts of the defendants must show a common design.
any person for the purpose of making o Neither joint nor simultaneous action is per se
transactions prejudicial to lawful commerce, or sufficient proof of conspiracy.
of increasing the market price of any such o Obedience to command does not necessarily show
merchandise. concert of design, for at any rate it is the acts of the
conspirators that show their common design.
C. Requisites Of Conspiracy
1. Two or more persons came to an agreement
34

o Although defendants may be relatives and had acted Article 115
with some degree of simultaneity in attacking their o Proposal to commit treason prison correctional and
victim, this fact alone does not prove conspiracy. a fine not exceeding 5,000 pesos
People v. Pugay Article 136
o A and B are friends. A pours gasoline over B for fun. C o Proposal to commit coup detat prision mayor in its
sets B on fire. minimum period and a find not exceeding 8,000 pesos
o Where there is nothing in the records showing that o Proposal to commit rebellion or insurrection prision
there was previous conspiracy or unity of criminal correctional in its medium period and a fine not
purpose between A and C immediately before the exceeding 2,000 pesos
commission of the crime, no animosity between A and The felony must actually not be committed or else it would not count
B, and it is clear that A just wanted to have fun with B, as a mere proposal.
there is no conspiracy.
o A is liable only for the act he committed, not for the act B. Requisites Of A Proposal
of C. 1. Person has decided to commit a felony.
2. Person proposes the execution of that felony to others.
F. Quantum Of Proof Required To Establish Conspiracy
Elements of conspiracy must be proven beyond reasonable C. Situations When There Is No Criminal Proposal
doubt. Person who proposes the felony is not determined to commit
o Evidence of actual cooperation rather than mere the felony.
cognizance or approval of an illegal act is required. o A wants to overthrow the government but is afraid to
A conspiracy must be established by positive and conclusive do it. A suggests the overthrow of the government to
evidence. desperate people who would do it with the slightest
o Conspiracy must be shown to exist as clearly and provocation. A is not liable for proposal to commit
convincingly as the commission of crime itself. rebellion because A has not decided to commit it.
o Mere presence of a person at the scene of the crime There is no decided, concrete, and formal proposal.
does not make him a conspirator for conspiracy o A mere suggestion to commit rebellion does not count
transcends companionship. as a formal proposal.
o People v. Comadre It is not the execution of a felony that is proposed.
Mere act of running away with the accused o A wants to overthrow the government. A goes around
does not automatically lead to a conspiracy the country with his pals to convince people of the
need to have a new government.
VI. Proposal Going around the country trying to convince
A. The Rpc Specially Provides A Penalty For Mere Proposal In Article people of the need for a new government is
115 And 136
35

not a crime therefore the proposal of it incurs
no criminal liability. Article 9. Grave felonies, less grave felonies, and light felonies
It can however be considered a preparatory act Grave felonies are those to which the law attaches the capital
for the commission of rebellion (still does not punishment or penalties which in any of their periods are afflictive, in
incur criminal liability). accordance with article 25 of this code.

D. What If The Proponents Of The Rebellion Desist Before Rebellion Is Less grave felonies are those which the law punishes with penalties
Committed? which in their maximum period are correctional, in accordance with
Once a proposal to commit rebellion is made by the proponent the above mentioned article.
to another person, the crime of proposal to commit rebellion is
consummated and the desistance of the proponent cannot Light felonies are those infractions of the law for the commission of
legally exempt him from criminal liability which the penalty of arresto menor or a fine not exceeding 200 pesos,
Similarly, the law does not require that the proposal be or both, is provided.
accepted by whoever it was proposed to.
o If it is accepted, it would become conspiracy and not POINTS
proposal because there was agreement
I. Important Words And Phrases
E. Proposal As An Overt Act Capital punishment
One who offers money to a public officer but is rejected is liable o Death penalty
for attempted bribery Penalties which in any of their periods are afflictive
o When the penalty prescribed includes an afflictive
VII. Reasons Why Proposal And Conspiracy Are Punished penalty.
The crimes in which conspiracy and proposal are punishable are A felony punishable by prision correccional to
crimes against the security of the state or economic security. prision mayor is a grave felony because prision
o Treason against external security. mayor is afflictive.
o Coup detat, rebellion, sedition against internal o If the penalty prescribed is composed of two or more
security, periods corresponding to different divisible penalties,
o Monopolies and combinations in restraint of trade the higher or maximum period must be that of an
against economic security, afflictive penalty.
If the perpetrator succeeds in these crimes against the external A felony punishable by prision correccional (in
and internal security of the state, they would obtain power and its maximum period) to prision mayor (in its
therefore impunity for their crimes. minimum period) is a grave felony because the
o If A overthrows the government successfully, A will minimum period of prision mayor is considered
likely not be punished for rebellion. afflictive.
36

o If both penalties prescribed are afflictive, it is a grave gravity while the other does it according to amount of
offense. money for fines.
Penalties that are afflictive: Reclusion o Arresto menor and public censure are also penalties for
perpetua, reclusion temporal, perpetual or light felonies
temporary absolute disqualification, perpetual
or temporary special disqualification, prision Article 10. Offenses not subject to the provisions of this Code.
mayor Offenses, which are or in the future may be punishable under special
Penalties which in their maximum period are correccional laws are not subject to the provisions of this code. This code shall be
o When the penalty prescribed includes a correctional supplementary to such laws, unless the latter should specially provide
penalty. the contrary.
A felony punishable by arresto menor to
destierro is a less grave felony because POINTS
destierro is a correctional penalty.
o When the penalty prescribed is composed of two or I. Meaning Of Article 10
more periods corresponding to different divisible Composed of 2 clauses
penalties, the higher or maximum period must be that o First clause provides that the offenses under special
of a correctional penalty. laws are not subject to the provisions of this code.
A felony punished by arresto menor (in its Special penal laws prevail over general ones.
maximum period) to destierro (in its minimum o Second clause makes the Revised Penal Code
period) is a less grave felony because the supplementary to the special laws unless the special
higher is a period of a correctional felony. laws say otherwise.
o If both penalties prescribed are correctional, it is a
grave offense. II. Important Words And Phrases
Penalties that are correctional: Prision Special laws
correccional, arresto mayor, suspension, o A penal law which punishes acts not punished in the
destierro. Revised Penal Code.
The penalty of arresto menor and a fine not exceeding 200 Enacted by the legislative
pesos, or both is provided Not a law which amends the Revised Penal
o Fines Code
200 pesos or less light felony Usually follows the form of American penal law
201 pesos to 6,000 pesos less grave felony Supplementary
6,001 pesos and above afflictive felony o The Revised Penal Code supplies what is lacking in the
o Article 9 should take precedence over Article 26 special laws unless the latter provides for the contrary
because the former classifies felonies according to their Examples
37

Article 39 of the Revised Penal Code Act 4103 later amended under RA 4203 (Indeterminate
o Imprisonment in case person Sentence Law)
convicted cannot pay fine o If a penalty found in the Revised Penal Code is imposed
Article 45 of the Revised Penal Code on an offense under special laws, the rules of the
o Confiscation of instruments Revised Penal Code governing said penalty will be
used in the commission of the applied
crime Example
If the special law imposes the penalty
III. Provisions Of The Revised Penal Code On Penalties Cannot Be of arresto mayor, the articles in the
Applied To Offenses Punishable Under Special Laws Revised Penal Code that deal with
Special laws do not provide a scale of penalties where a given arresto mayor shall be applicable
penalty can be lowered by one or two degrees.
o Example: V. Article 6 Of The Revised Penal Code (Attempted, Frustrated,
Mitigating circumstances and aggravating Consummated) Cannot Be Applied To Offenses Punished By Special
circumstances cannot affect the penalties in Laws
the special laws unless expressly provided by Special laws are mala prohibita which means you either commit
said special law. them or you dont.
People v. Noble Examples
Even when accused pleaded guilty, o Special law prohibiting interest in municipal contracts
Article 13 of the Revised Penal Code on by councilors.
mitigating circumstances did not US v. Basa
automatically take effect . Acquitted because a mere attempt is
Special laws use the term imprisonment rather than the not punishable by the special law.
other terms ascribed to the penalties found in the Revised o Remember that under the
Penal Code. Revised Penal Code Article 6,
Hence, the penalty for illegal possession of firearms under the attempts are punishable.
special laws is imprisonment and not prision correccional Navarra v. People
because the latter is peculiar to offenses punished in the Convicted because the deal was
Revised Penal Code. approved by the municipal board thus
the offense was committed.
IV. If The Special Laws Adopt The Penalties Found In The Revised
Penal Code, The Rules For Graduating Penalties By Degrees Can Be VI. Special Law Has To Fix Penalties For Attempted And Frustrated
Applied Crime Before They Can Be Punished
Nullum crimen, nulla poena sine legit.
38

The special law does not provide for a penalty one or two
degrees lower than that provided for that consummated stage. IX. Example Of Article 12 Par. 3 Of The Revised Penal Code Being
If the special law covers the mere attempt to commit the crime Applied In A Special Law
defined by it, then the mere attempt is punishable. People v. Navarro
o Law prohibiting the any attempt to export gold. o 13 year old girl sells cocoa for 11 cents more than the
Had this act been consummated, the exporter price fixed by government
would already have been outside our Article 12 par. 3 was used as a basis
jurisdiction thus he is able to get away with the Prosecution failed to show that the
offense. accused acted with discernment
o Accused could not have been
VII. Article 10 Is Not Applicable To Punish An Accomplice Under The able to act with intelligence
Special Law because of her age
Unless expressly provided, the penalty imposed is clearly o For crimes that are mala
intended only for the one committing the offense. prohibita, offense must be
o People v. Padaong (dissenting opinion) done voluntarily
If the special law does not prescribe a penalty o Accused could not have been
for accomplices, it would be a legal able to act voluntarily because
impossibility to determine what their penalty of lack of intelligence
would be.
X. Suppletory Application Of The Revised Penal Code
VIII. Revised Penal Code Supplementary To Special Laws Only applies if the provisions of the special law is silent on the
People v. Moreno matter
o Accused was convicted of homicide through reckless o Subsidiary Penalty (Article 39) imprisonment if
imprudence and violation the Motor Vehicle Law. cannot pay fine.
Motor Vehicle Law is silent about indemnity to o Civil Liability (Article 100) every person criminally
heirs of the deceased (art. 100) and subsidiary liable for a felony is also civilly liable.
imprisonment in case of insolvency (art. 39). o Rules on service of sentence (Article 70).
Court rules that Article 39 and Article 100 can o Definitions on Principals, Accomplices, Accessories
be applied as supplementary to the Motor (Article 17-19) was used when the special laws cited
Vehicle Law. but did not on their own provide a definition for
People v. Lardizabal principals, accomplices, and accessories.
o Article 39 of the Revised Penal Code was applied if and o Principle of conspiracy (Article 8) was used when the
when the person convicted could not pay the offended special laws cited but did not on their own provide a
party the indemnity that was awarded to the latter. definition for conspiracy.
39

XI. Revised Penal Code Is Not Suppletory When The Penalties Under
The Special Law Are Different From Those Under The Revised Penal
Code
People v. Panida
o Court did not apply the provisions of the Revised Penal
Code suppletorily because the anti-carnapping law
provides for its own penalties which are distinct and
without reference to the Revised Penal Code.

XII. Special Laws Amending The Revised Penal Code Are Subject To Its
Provisions
If the special law is an amendment of a certain article in the
Revised Penal Code, that special law will necessarily be covered
by relevant provisions in the Revised Penal Code.
o Example:
PD 533 amends the provision of the Revised
Penal Code governing theft of large cattle.
Since the special law (PD 533) is an amendment
of an existing provision in the Revised Penal
Code, all the other provisions of the Revised
Penal Code such as mitigating circumstances,
etc. may be applied.

40

CHAPTER 2: JUSTIFYING CIRCUMSTANCES AND Civil liability can however be applied if
CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL the person benefitted from the
justified act
LIABILITY
Basis

o Article 11 expressly states the following do not incur
I. Circumstances Affecting Criminal Liability
criminal liability
Justifying circumstances

Exempting circumstances and other absolutory causes
Article 11.
Mitigating circumstances
The following do not incur criminal liability:
Aggravating circumstances
1. Anyone who acts in defense of his person or rights, provided
Alternative circumstances
that the following circumstances concur:

First, unlawful aggression;
Ii. Imputability And Responsibility
Second, reasonable necessity of the means employed
Imputability act was committed freely and consciously and
to prevent or repel it;
may be put down to the doer as his very own
Third, lack of sufficient provocation on the part of the
Responsibility obligation of suffering the consequences of
person defending himself
the crime
2. Anyone who acts in defense of the person or rights of his
While Imputability implies that a deed may be imputed to a
spouse, ascendants, descendants, or legitimate, natural, or
person, responsibility implies that the person must take the
adopted brothers or sisters, or of his relatives by affinity in
consequence of such a deed
the same degrees, and those by consanguinity within the

fourth civil degree, provided that the first and second
Iii. Guilt
requisites prescribed in the next preceding circumstance are
Guilt is an element of responsibility
present, and the further requisite, in case the provocation was
o A man cannot be made to answer for the consequences
given by the person attacked, that the one making defense
of his crime unless he is guilty
had no part therein.
Presumption of innocence
3. Anyone who acts in defense of the person or rights of a

stranger provided that the first and second requisites
Iv. Justifying Circumstances
mentioned in the first circumstance of this article are present
Definition
and that the person defending be not induced by revenge,
o When the act of a person is said to be in accordance
resentment, or other evil motive.
with the law so that such person is deemed not to
4. Any person who, in order to avoid an evil or injury, does an
have transgressed the law
act which causes damage to another, provided that the
Person is therefore free from both criminal and
following requisites are present:
civil liability
First, that the evil sought to be avoided actually exists;
41

Second, that the injury feared be greater than that It is lawful because it would be quite impossible for the state in
done to avoid it; all cases to prevent aggression upon its citizens (and even
Third, that there be no other practical and less foreigners) and offer protection to the person unjustly
harmful means of preventing it attacked.
5. Any person who acts in the fulfillment of a duty or in the It cannot be conceived that people should succumb to unlawful
lawful exercise of a right or office. aggression without offering any resistance
6. Any person who acts in obedience to an order issued by a The idea of self preservation
superior for some lawful purpose.
III. Elements Of Self-Defense
POINTS 1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or
I. Main Ideas repel it.
The persons cited in Article 11 are not criminals because their 3. Lack of sufficient provocation on the part of the person
acts do not incur any criminal liability defending himself
The burden of proof lies with the accused
o Accused must prove that he falls under one of the IV. FIRST ELEMENT: Unlawful Aggression
categories mentioned in Article 11 A. Meaning Of Unlawful Aggression
Unlawful aggression is equivalent to assault or at least
PAR. 1: SELF-DEFENSE threatened assault of an immediate or imminent kind.
Covered by the first paragraph of Article 11 o There is unlawful aggression when the peril to ones
Self defense must be proved with certainty by sufficient, life, limb, or right is either actual or imminent.
satisfactory and convincing evidence that excludes any vestige o There must be an actually physical assault upon a
of criminal aggression on the part of the person invoking it person, or at least a threat to inflict real injury.
The plea of self defense cannot be justifiably entertained where o In case of threat, the same must be offensive and
it is not only uncorroborated by any separate competent positively strong, showing the wrongful intent to cause
evidence but in itself is extremely doubtful an injury.
o When there is no peril to ones life, limb or right, there
I. Rights Included In Self-Defense is no unlawful aggression.
Aside from the right to life on which rests the legitimate o Cases
defense of our person, we have the right to property acquired People v. Flores
by us, and the right to honor which is not the lease prized of The act of the deceased in preventing
mans patrimony the accused from inflicting a retaliatory
blow is not unlawful aggression
Ii. Reason Why Penal Law Makes Self-Defense Lawful US v. Padilla
42

In the spirit of fun, A (who is a soldier) o Lawful The fulfillment of a duty or the exercise of a
tells B (who is also a soldier) that the right in a more or less violent manner is an aggression,
latter does not have a singing voice. but it is lawful.
With the same spirit of fun, B puts People v. Gayrama
seizes A by the throat. A ends up killing o Facts: Policeman throws stones at an escaping
B using a rifle. offender.
There is no unlawful aggression in this o Ruling: The aggression is not unlawful. The fulfillment
case of two companions in arms of a duty or the exercise of a right in a more or less
quartered in the same barracks violent manner is an aggression that is lawful.
People v. Yncierto Valcorza v. People
A kills B while trying to get the latter to o Facts: Policeman fires warning shots in the air hoping
let go of his knife in order to avoid that the offenders would stop escaping. Offenders do
bloodshed. not stop escaping and so the policeman shoots directly
Since there was no unlawful aggression at the offenders.
on the part of B, A is not justified in o Ruling: The aggression is not unlawful. The fulfillment
killing B. of a duty or the exercise of a right in a more or less
violent manner is an aggression that is lawful
B. Unlawful Aggression Is An Indispensable Requisite A public officer exceeding his authority may become an
There can be no self-defense, complete or incomplete, unless unlawful aggressor
the victim has committed an unlawful aggression against the o People v. Hernandez
person defending himself. Sheriff exceeds his authority and takes the
For the right of defense to exist, it is necessary that we be personal property of a debtor.
assaulted or that we be attacked, or at least that we be The debtor has every right to repel the
threatened with an attack in an immediate and imminent unlawful aggression of the Sheriff.
manner.
If there is no unlawful aggression, there is nothing to prevent or D. Peril To Ones Life And Limb
repel. Peril to ones life: must be ACTUAL and IMMINENT.
The unlawful aggression must have come from the person who o Actual peril the danger must be present, that is,
was either injured or killed. actually in existence.
US v. Jose Laurel
C. Aggression Must Be Unlawful Facts: A kisses Bs sweetheart and runs
Two kinds of aggression: away. At a later date, B confronts A. B
o Unlawful see Meaning of unlawful eventually hits A with a cane. After
43

being hit with the cane, A grabs hold of Facts: A and B are in a kalesa. A tries to touch
a pocket knife and stabs B. Bs gun. As a result, B shoots A.
Ruling: A was justified because he Ruling: B is not justified in shooting A because
showed all three requisites for self there was no imminent and real danger to the
defense. life or limb of B.
o Imminent the danger is on the point of happening. There must be actual physical force or actual use of a weapon
Not necessary that the attack already begins for it may o Insults alone cannot constitute unlawful aggression (US
thus be too late to prevent it. v. Carrero).
People v. Cabungcal o A light push on the head with a hand or a mere push
Facts: A and B are on a boat with many not followed by other acts cannot constitute unlawful
people. B decides to shake the boat aggression (People v. Yuman).
and A warns him not to do it. B o A foot-kick greeting among friends does not constitute
continues to shake the boat and A hits unlawful aggression (People v. Roxas).
him with an oar that causes him to go Aggression that is real and expected
overboard. B manages to cling to the o Aggression must be real and not imaginary
side of the boat and persists in o People v. De la Cruz
attempting to make the boat shake Fats: A dislikes B. A goes to the house of B
vehemently. A hits him again with an armed with a gun and sees the latter holding a
oar and this time B dies from the blow knife. A shoots B to death.
Ruling: A was justified because B Ruling: There is no unlawful aggression in this
placed everyone on the boat in case because the aggression was not real since
imminent danger with his actions B was merely holding a knife.
Peril to ones limb When a person is attacked, he is in Aggression that is expected is real
imminent danger of death or bodily harm. o The expected aggression must be imminent
o Peril to ones limbs includes peril to the safety of ones o US v. Batungbacal
person from physical injuries. When A chases B with the intent to harm him,
o An attack with fist blows can therefore count as there is already aggression even if A has not yet
unlawful aggression. raised his hand to discharge a blow.
Mere belief of an impending attack is not sufficient.
E. What Constitutes Unlawful Aggression o Mere belief of an attack unsupported by evidence does
If there is no imminent and real danger to the life or limb of the not constitute unlawful aggression.
accused, there is no unlawful aggression o Belief of the accused may be considered in
o People v. Riduca determining the existence of unlawful aggression
Lloyds report as cited in US v. Ah Chong
44

If A sees B running towards him with a knife, a mere threatening or intimidating
gun, and A subsequently fears for his attitude does not constitute unlawful
safety and hits B with a club when the aggression.
former gets closer to him, it would be o Examples of threats to inflict real injury
immaterial that the gun held by B had When threatening attitude of the aggressor is
fake bullets and thus A had every right offensive and positively strong, manifesting
to defend himself in this situation. intent to cause an injury
People v. Boral When one aims a pistol at another with the
There is self-defense even if the intention of shooting the latter
aggressor used a toy pistol provided When one, through his motions, indicates his
that the accused believed it was a real purpose to commit an assault with a weapon
gun. Opening a knife and motioning as if to make an
People v. Calip attack
An officer forcibly pushing picketers BUT when intent to attack is manifested, picking up a weapon
around in order to let company trucks is sufficient unlawful aggression
enter the compound cannot be A slap on the face is considered unlawful aggression because
considered as unlawful aggression. o The face represents a persons dignity therefore
An intimidating or threatening attitude does not constitute slapping it is a serious personal attack.
unlawful aggression.
o A mere threatening or intimidating attitude, not F. Retaliation Does Not Amount To Self-Defense
preceded by an outward and material aggression, is not Retaliation is not self-defense.
unlawful aggression. Retaliation is not a justifying circumstance
o It is required that the act be offensive and positively Retaliation is done after the aggression has ended.
strong, showing the wrongful intent of the aggressor to o The aggression has already ceased thus the imminent
cause an injury for there to be unlawful aggression. and real danger to the life or limb of the accused has
o US v. Guy-sayco also ceased
Facts: Accused enters the house of the In order to justify homicide on the ground of self defense, it is
deceased where accuseds husband is. essential that the killing of the deceased by the defendant be
Deceased is enraged and holding a knife. simultaneous with the attack made by the deceased, or at least
Accused lunges for the knife held by the both acts succeeded each other without appreciable interval of
deceased and a struggle ensues. Accused ends time
up killing the deceased. o People v. Ferrer
Ruling: Accused was not acting in self defense
because even if the deceased was holding a
45

Facts: A has a gun. A is disarmed by B. After Facts: B provokes A and they fight. B runs away
disarming A, B proceeds to grab a knife and and A pursues him. A catches up to B and kills
stab him in the abdomen. him.
Ruling: B was acting in retaliation and not self- Ruling: Court rules that A did not kill B out of
defense because the imminent and real danger self defense because B had ceased his unlawful
to Bs life ended when A was successfully aggression
disarmed. o People v. Del Rosario
Facts: A shoots at B. A runs out of bullets and
G. Source Of Unlawful Aggression flees. B pursues him and inflicts several wounds
Unlawful aggression must have come from the person who on him.
attacked the accused. Ruling: B was not acting in self defense because
o If the unlawful aggression came from the accused, the A was fleeing and had ceased his unlawful
accused could not have been acting in self-defense. aggression.
Improbability of the deceased being the aggressor belies the o BUT if it is clear that the aggressor merely retreats to
claim of self-defense. take a more advantageous situation, the unlawful
o People v. Diaz aggression is still considered continuing and the one
Fact: Accused is armed with a gun and a bolo. defending himself has the right to pursue and disable
Deceased had nothing but a pig, which he to aggressor.
refused to give up. How to determine the unlawful aggressor
Ruling: It is improbable that the deceased o US v. Laurel
would have began assaulting the accused given In the absence of direct evidence to determine
the situation. who provoked the conflict, it shall be presumed
o People v. Ardisa that:
Fact: Deceased is a 55 year old man with ulcer In the nature of the order of things, the person
who had already lost his right hand in the who was deeply offended by the insult was the
conflict with the accused. one who believed he had a right to demand
Ruling: It is hard to believe that the deceased explanation of the perpetrator of that insult
would have continued attacking the accused and the one who struck the first blow when he
given the circumstances was not satisfied with the explanation
When the aggressor flees, unlawful aggression no longer exists o People v. Berio
o When the unlawful aggression no longer exists because The accused, not the deceased, had a greater
the aggressor runs away, the one defending no longer motive for committing the crime
has a right to wound or kill the aggressor
o People v. Alconga
46

H. Nature, Character, Location, And Extent Of Wound Of The Accused fight thus the aggression was reciprocal and
Allegedly Inflicted By The Injured Party May Belie Claim Of Self- legitimate as between two contending parties.
Defense o People v. Monteroso
The wound inflicted may be indicative of whether or not the Facts: Accused is chased by deceased. Accused
accused acted in self-defense. reaches his house, picks up a weapon, taunts
Cases the deceased, and then proceeds to attack and
o People v. Mediavilla kill him.
Facts: Accused shows a small scar on his head. Ruling: There was no unlawful aggression in
Ruling: Court says who would not wound this instance because the accused, after arming
himself slightly in order to escape the penalty himself, decided to fight.
of reclusion temporal prescribed for the crime The challenge to fight must have been accepted
of homicide? o If the accused does not agree to fight, there is unlawful
o People v. Batas aggression
Facts: Accused stabs the victims 21 times. Logic behind the rule on agreed fights
Ruling: 21 stabs shows more than just a desire o There can be no unlawful aggression in an agreed fight
to defend ones self. because aggression is necessarily an incident in a fight
o People v. Labis because it is bound to arise from any of the
Facts: The wounds inflicted are inconsistent combatants.
with reality. o There can be no fight without aggression.
Ruling: The victims wounds had a right-to-left Aggression (in relation to an expected fight) which is ahead
direction and could not have been inflicted by a of the stipulated time and place is unlawful
right-handed person in front of the victim with o If A agrees to fight B at a specified time and place,
a two-feet long bolo. A is guilty of unlawful aggression if he attacks B
anywhere or any time other than those specified in
I. No Unlawful Aggression When There Is Agreement To Fight their agreement.
No unlawful aggression in concerted (mutually agreed) fight o This is because B is only expected to be ready to fight at
o People v. Marasigan and during the agreed place and time.
Facts: A and B agreed to fight. A and B Anyone who voluntarily joins a fight cannot claim they were
purchase knives. A tells B that he no longer acting in self-defense
wants to fight but B does not mind his
protestations and instead lunges at A with a J. Stand ground when in the right
knife. A subsequently manages to kill B. The law does not require people to retreat when an assailant is
Ruling: There was no unlawful aggression in rapidly advancing upon them
this instance because both parties agreed to
47

o The reason for this is because those who flee incur the Attempt to rape a woman (defense of right to chastity)
risk of getting attacked from behind o People v. De la Cruz
Better to stand your ground and defend Embracing a woman, fondling her, and
yourself than run away throwing her to the ground with intent to rape
her would constitute an attack upon her honor
K. When The Accused Declines To Give Any Statement To The Police and therefore it is considered unlawful
When He Surrenders, His Acts Are Inconsistent With The Plea Of Self aggression
Defense o People v. Jaurigue
People v. Manansala Facts: Deceased puts his hand on the upper
o A protestation of innocence or justification is the logical thigh of accused. Accused subsequently stabs
and spontaneous reaction of a man who finds himself him with a knife.
in such an unculpatory predicament as that in which Ruling. Accused acted in self-defense. Placing
the policemen came upon him still clutching the death of hand by a man on the womans upper thigh
weapon and his victim dying before him. is considered unlawful aggression.
People v. De la Cruz o People v. Luague
o The accused did not act in self defense because if he An attempt to rape a woman constitutes an
had, he would have reported it to the police whom he aggression sufficient to put her in a state of
passed as he fled from the scene of the incident legitimate defense.
The woman thus imperiled may kill her
L. Physical Fact May Determine Whether The Accused Acted In Self- offender if that is the only means left for her to
Defense protect her honor from so grave an outrage.
People v. Dorico Defense of property
o Fact: Accused said that deceased was stabbed as he o People v. Apolinar
lunged forward for the bolo accused was holding. Facts: Accused is holding a shotgun. Accused
o Ruling: The court did not believe him because the sees the deceased carrying a bundle over his
evidence showed that the deceased was stabbed from shoulder and assumes that the deceased was
the back. stealing the accuseds palay. Accused issues
People v. Perez warning shots before subsequently killing the
o Ruling: Accused did not act in self-defense because the deceased.
deceased was shot 13 times despite his gun still being Ruling: The right to life is more important than
tucked inside his waistband. Deceased was defenseless the right to property. Thus, the accused could
when shot not have been justified in killing the deceased
because the latter did not make any attempt to
M. Unlawful Aggression In Defense Of Other Rights attack the former.
48

o There must be an attack by the person stealing the Accused assaults a robber who enters the
property on the person defending it in order for the house of the accused in the darkness.
shooting of the deceased to have been warranted. Even if accused did not see the robber with a
o Use of force to protect property weapon, he is still well within his rights to
The owner or lawful possessor of a thing has exercise self defense because the entry of the
the right to exclude any person from the robber into his home constitutes unlawful
enjoyment and disposal thereof. aggression.
For this reason, he may use such force as may
be reasonably necessary to repel or prevent an V. SECOND REQUISITE: Reasonable Necessity Of The Means Employed
actual or threatened unlawful physical invasion To Prevent Or Repel It
or usurpation of his property. Presupposes the existence of unlawful aggression which is
US v. Merced either imminent or actual
Facts: Husband walks in on accused o If there is unlawful aggression, there is a need to
having an affair with his wife. Husband prevent or repel it because we are either in actual or
assaults accused but accused manages imminent danger
to kill husband. Accused claims self- US v. Batungbacal
defense. The law protects not only the person
Ruling: Self-defense is not applicable in who repel aggression but also the
this case because the husband was person who tries to prevent an
merely defending his honor and rights aggression that is expected.
therefore it was not unlawful This requisite of self-defense entails necessity.
aggression. Husband would not have o There be a necessity of the course of action taken by
been guilty of unlawful aggression had the person making a defense.
he killed both the accused and his wife o There be a necessity of the means used.
after catching them in bed o The necessity to take a course of action and to use a
Defense of home means of defense
o People v. Mirabiles US v. Molina
Violent entry of one into anthers home while The person attacked is not duty bound
holding a bolo warrants unlawful aggression. to expose himself to be wounded or
Owner of home does not need to wait for a killed.
blow before he can start acting to prevent or While the danger to his person or life subsists,
repel the one who entered his home he has a perfect and indisputable right to repel
o People v. Salatan such danger by wounding his adversary, and if
49

necessary, to disable him completely so that he o US v. Ah Chong
may not continue his assault. When the aggressor is disarmed
Either or both the course of action taken and the means used o If aggressor when disarmed still shows intent to reclaim
must be reasonable. the weapon, the aggressor is still showing aggression
o The reasonableness of the necessity depends upon the (People v. Datinguinoo), but if after being disarmed, the
circumstances aggressor shows a refusal to continue fighting, any
attack on the aggressor by the defendant is no longer
A. Necessity Of The Course Of Action Taken justified (People v. Alviar).
In emergencies where the person or life of another is imperiled, When only minor physical injuries are inflicted after the
human nature does not act upon processes of formal reason unlawful aggression has ceased to exist, there is still self-
but in obedience to the instinct of self-preservation defense if mortal wounds were inflicted at the time the
o People v. Ocana requisites of self-defense were present.
Fact: Accused is attacked by deceased while o People v. Del Pilar
the former is unarmed. Accused manages to Minor wounds inflicted after the aggression
find a lead pipe and strikes the deceased in a ceased to exist are permitted as long as the
vital part of the body. Deceased is major wounds that led to the death of the
subsequently killed. aggressor took place when the aggression had
Ruling: Accused acted reasonably given the not yet ceased.
circumstances. There was no time for Accused This is because the proximate cause of death
to aim for a less vital part of the body because would be the major wounds and not the minor
his life was in danger wounds.
There is no necessity when there is no unlawful aggression This ruling cannot be applied if the defendant
o People v. Masangkay inflicts a mortal would on the aggressor after
After the accused disarmed the deceased, he the unlawful aggression has ceased.
was no longer acting reasonably in self-defense Person defending is not expected to control his blow.
when he stabbed and killed him. o Brownell v. People
o People v. Narvaez One is not required to draw fine distinctions as
Facts: Deceased is chiseling the walls of the to the extent of the injury which a reckless and
house of the accused. Accused gets a shotgun infuriated assailant might probably inflict upon
and kills the deceased. him.
Ruling: The means used was not reasonable o U.S. v. Macasaet
because his resistance was disproportionate to The accused, in the heat of the encounter at
the attack. close quarters, was not in a position to reflect
Context of the assault matters
50

coolly or to wait after each blow to determine o U.S. v Apego
the effects thereof. A sleeping woman, who was awakened by her
o U.S. v. Mack brother-in law grasping her arm, was not
In necessary circumstances, the accused could justified in using a knife to kill him as the latter
hardly be expected to take deliberate and did not perform any other act which could be
careful aim so as to strike a point less construed as an attempt against her honor.
vulnerable than the body. o People v. Montalbo
When aggression is so sudden that there is no time left to the When a person was attacked with fist blows
one making a defense to determine what course of action to only, there was no reasonable necessity to
take. inflict upon the assailant a mortal wound with
o People v. Pante danger.
During the split second the accused had to o People v. Jaurigue
think and act to save his superior officer, the When a man placed his hand on the upper
trial court cannot demand him have been able thigh of a woman seated on a bench in a
to control his blow. chapel, there was no reasonable necessity to
In preventing unlawful aggression, the one defending must aim kill him with a knife because there was no
at the assailant. danger to her chastity or honor at that
o People v. Galacgac moment.
Facts: Galacgac was beaten twice by an iron bar The test of reasonableness of the means used.
by one Pablo Soriano thereby causing him to o Whether the means employed is reasonable will
fire at random with his unlicensed revolver. depend upon the nature and quality of the aggressors
Issue: whether his act of defense relieves him weapon, physical condition, character, size, other
of criminal liability. circumstances and the place and occasion of the
Held: No. He was held liable for physical assault.
injuries. Because the accused did not aim at his o Perfect equality between the weapon used by the
assailant but instead indiscriminately fired his defender and the aggressor is not required. What the
deadly weapon, his act of defense was not law requires is rational equivalence, the imminent
exercised with due care. danger and the instinct that moves or impels the
defense.
B. Necessity Of The Means Used o The reasonableness of the means employed will
The means employed by the person making a defense must be depend upon:
rationally necessary to prevent or repel an aggression. The nature and quality of weapons
Instances wherein there was no rational necessity to employ The use of a knife when attacked by a
means used: club, rod or stick is reasonable if it cant
51

be shown that the person assaulted (1) o Ruling: Under such
had other available means or (2) if circumstances, the use of the
there was other means, he could coolly shotgun was justified.
choose. Use of a bayonet against a Reasonable necessity of means employed to prevent or repel
cane is not reasonable. unlawful aggression is to be interpreted in favor of law-abiding
To use a firearm against a dagger or a citizens.
knife does not imply any difference Rule regarding the reasonableness of the necessity of the
between such weapons. means employed when the one defending himself is a peace
When a person is attacked with fist officer.
blows, he must retaliate with fist blows o While the law on self-defense allows a private
IF both parties are of the same size and individual to prevent or repel an aggression, the duty of
strength. the peace officer requires him to overcome his
Physical condition, character and size. opponent.
People v. Ignacio when defendant, o A police officer is not required to afford a person
who was middle aged, was cornered by attacking him, the opportunity for a fair and equal
three or four men bigger and stronger, struggle.
such person is justified in using a knife. o US v. Mojica
People v. Sumicad Killing an A policeman is justified in using his revolver
aggressor larger and stronger than the against one who is armed with a knife.
defendant was justified. o US v. Mendoza
People v. Padua Taking into It was held that it is NOT reasonable for a
consideration the character of the policeman to kill his assailant who was using a
aggressor (troublesome, strong and Calicut
aggressive with criminal records), the
CoA held that the striking of bolo was VI. THIRD ELEMENT: Lack Of Sufficient Provocation On The Part Of The
justified. Person Defending Himself.
Other circumstances considered A. Reason For The Third Requisite Of Self Defense.
US v. Batungbacal To be entitled to the benefit of the justifying circumstance of
o Facts: M killed P, who was self-defense, the one defending himself must not have given
pursuing Ms children with a cause for the aggression by his unjust conduct.
bolo, by firing a shotgun at P
and killing him at once. B. Cases In Which 3rd Requisite Is Considered Present
52

1. When no provocation at all was given to the aggressor by the threw a wood to B. B threw the wood
defending party (B was running amuck with a dagger rushing back. A battered B with the wood. A
towards A when A did nothing to provoke B) mortally injures B with a screwdriver.
2. When the provocation was insufficient (A asks B a harmless Issue: (1) was the retort why are you
question that angered the latter who immediately attacked) calling me? sufficient provocation? (2)
o How to determine the sufficiency of provocation was the defense using the screwdriver
This means that the provocation must be reasonable?
proportionate to the act of aggression and Held: (1) It was not sufficient
adequate to stir the aggressor to its provocation. (2) The act of A throwing
commission. a wood to B constituted unlawful
Verbal argument cannot be considered aggression. Bs defense was
sufficient provocation. It is not enough that the reasonable. The screwdriver was a
provocative act be unreasonable or annoying. A reasonable means.
petty question of pride does not justify the People v. Boholst A wife killed her husband
wounding or killing of an opponent (People v. with a knife as an act of defense when her
Dolfo) husband choked her kneck.
o Requisite of lack of sufficient provocation refers
exclusively to the person defending himself Vii. Battered Woman Syndrome As A Defense
People v. Espino Republic Act No. 9262- Anti-Violence Against Women and
If the accused appears to be the their Children Act of 2004 provided that:
aggressor, it cannot be said that he was o Sec 26- Battered Woman Syndrome (BWS) as a
defending himself from the effect of Defense- victim survivors suffering from BWS do not
anothers aggression. incur criminal and civil liability notwithstanding the
3. When the provocation that was sufficient was not given by the absence of any of the elements for justifying
defending party (C, not A, was the one who provoked B) circumstances of self-defense (courts shall be assisted
4. When the provocation given by the defending party was not by psychiatrists)
proximate and immediate to the act of aggression. (A slapped Battered woman syndrome, explained
B. Two days later, B attacks A where A defends himself. The o Battered woman- a woman who is repeatedly
provocation (slapping) should be disregarded) subjected to any forceful physical or psychological
o Provocation by the person defending himself not behavior by a man in order to coerce her to do
proximate and immediate to the aggression (no.4) something he wants her to do without concern for her
People v. Dolfo rights.
Facts: B was As assistant. A called B. B o Personality traits of a battered woman-
replied why are you calling me? A Low self-esteem
53

Traditional Beliefs about the home, family and The justification of this clause is formed not only upon a
sex role humanitarian sentiment, but also upon the impulse of blood
Emotional dependence
Tendency to accept responsibility Iii. Elements Of Defense Of Relatives
False hopes 1. Unlawful aggression
o A battered womans cycle of violence 2. Reasonable necessity of the means employed to prevent or
1. The tension-building phase repel it
2. Acute battering incident 3. In case of provocation was given by the person attacked, the
3. Tranquil and loving phase one making a defense had no part therein
Effect of Battery on Appellant
o The cycle of violence immobilizes the womans ability IV. Defense Of Relatives Also Requires That There Be Unlawful
to act decisively in her own interests, making her feel Aggression.
trapped in the relationship with no means of escape. Of the 3 requisites of defense of relatives, unlawful aggression
o She also believes that he is capable of killing her, and is a sine qua non, for without it any defense is not possible or
that there is no escape. Battered women feel unsafe, justified.
suffer from pervasive anxiety,, and usually fail to leave When two persons are getting ready to strike each other, there
the relationship. can be no unlawful aggression (People v. Moro Munabe).
Flight after the commission of a crime is highly evidentiary of guilt and
incompatible with self-defense. V. Unlawful Aggression Can Be Made To Depend Upon The Honest
Belief Of The One Making A Defense.
PAR. 2: DEFENSE OF RELATIVES When A attacked and wounded B with a dagger but B defended
himself and seriously wounded A. (note: A is the unlawful
I. Relatives That Can Be Defended aggressor) Then the sons of A came and believed in good faith
1. Spouse that their father was the victim of an unlawful aggression. If
2. Ascendants they kill B, they are justified by a mistake of fact.
3. Descendants
4. Legitimate, natural or adopted brothers and sisters, or relatives Vi. Third Element Of Defense Of Relative
by affinity in the same degrees Reason for the rule that although the provocation prejudices
o Relatives by affinity because of marriage the person who gave it, its effects do not reach the defender
5. Relatives by consanguinity within the fourth civil degree. who took no part therein, because the latter was prompted by
o Relatives by consanguinity blood relatives some noble or generous sentiment in protecting and saving the
relative.
Ii. Basis Of Justification The fact that the relative defended gave provocation is
immaterial.
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inflicted wounds on B. Held: It was a valid
Vii. Examples Of Defense Of Relatives defense of a stranger
People v. Ammalun
o The accused heard his wife shouting from their house. PAR. 4: AVOIDANCE OF GREATER INJURY
He rushed to the house and killed the man forcibly
abusing his wife. I. Elements For Avoidance Of Greater Injury:
US v Rivera 1. That the evil sought to be avoided actually exists.
o Antonio Rivera kills the person who was attacking his 2. That the injury feared be greater than that done to avoid it
son. 3. That there be no other practical and less harmful means of
preventing it.
PAR. 3: DEFENSE OF STRANGER
II. Damage To Another Is Required
I. Element For Defense Of Stranger: This covers injury to persons and damage to property.
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or III. FIRST ELEMENT: Existence Of Evil Sought To Be Avoided
repel it If the evil sought to be avoided is merely expected or
3. The person defending be not induced by revenge, resentment anticipated or may happen in the future, par. 4 is not
or other motive applicable.
Example of injury to person under par. 4:
II. THIRD ELEMENT Of Defense Of Stranger o Guevara A person was driving his car with due
Such defense must be actuated by a disinterested or generous diligence when an incoming truck cause him to swerve
motive, when it puts down revenge, resentment or other evil his car to the right thereby saving his life however
motive killing a passerby.
3rd requisite would be lacking if such person was prompted by
his grudge against the assailant IV. SECOND ELEMENT: Injury Feared By Greater Than That Done To
Avoid
III. Persons Deemed As Strangers The greater evil should not be brought about by the negligence
Persons not included in the enumeration of relatives or imprudence of the actor.
mentioned in paragraph 2 of this article (close friend or distant o Driver drove his car at full speed, disregarding the
relatives are included). condition of the place, and although he saw the six-by-
Example: six truck at a distrance of 500 meters away, he didnt
o People v. Valdez not slacken his speed. He cannot invoke par. 4 because
A heard a cry for help. He saw B attacking Bs the necessity (of avoiding greater injury) was brought
wife with a dagger. A defended Bs wife and about by his reckless imprudence.
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When the accused was not avoiding any evil, he cannot invoke incident. The policeman was tried and convicted by the
the justifying circumstance of avoidance of a greater evil or Court of First Instance of homicide and sentenced him
injury. to reclusion temporal.
o People v. Ricohermoso o Held: The killing was done in performance of the duty.
Facts: Pio and Severo attacked Geminiano who In accordance with Article 8, No. 11 (now Article 11,
was wounded. Nearby, Juan embraced par 5 of Revised Penal Code) Felipe Delima committed
Marianito, Geminianos son, who had a gun no crime and is acquitted.
and grappled with him. Geminiano died. Pio, Shooting an offender who refused to surrender is justified, but
Severo and Juan were persecuted for murder. shooting a thief who refused to be arrested is not justified
Issue: Can Juan validly invoke the justifying Legitimate performance of duty v. Illegal performance of duty
circumstance of avoidance of greater evil? o People v. Cabrera
Held. No. His reliance on that justifying When the victim without apparent reason, but
circumstance is erroneous. He was not avoiding probably due to drunkenness, fired his gun
any evil when he sought to disable Marianito. several times at the Alta Vista Club, the
The evil which brought about the greater evil must not result accused and his partner had to intervene for
from a violation of law by the actor. they were with the NBI. They would have been
There is civil liability under this paragraph. The civil liability is remiss in their duty if they did not. It must be
borne by the persons benefited. presumed that both officers acted pursuant to
the law when they tried to discharge his duty
PAR. 5: FULFILLMENT OF A DUTY OR LAWFUL EXERCISE OF RIGHT OR as an NBI agent.
OFFICE o People v. Tan
The attitude adopted by the deceased in
I. Elements Fulfillment Of A Duty Or Lawful Exercise Of Right Or putting his hands in his pocket is not sufficient
Office: to justify the accused to shoot him. The
1. That the accused acted in the performance of a duty or in the deceased was unarmed and the accused could
lawful exercise of a right or office have first warned him.
2. That the injury caused or the offense committed be the Distinguished from self-defense and from consequence of
necessary consequence of the due performance of duty or the felonious act.
lawful exercise of such right or office. o The public officer acting in the fulfillment of a duty may
appear to be an aggressor but his aggression is not
II. Fulfillment Of A Duty unlawful, it being necessary to fulfill a duty.
People v. Felipe Delima
o Facts: Felipe Delima pursued and shot Lorenzo Napilon III. Lawful Exercise Of Right Or Office
who escaped from prison a few days prior to the Of Right
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o Under the Civil Code (Article 429) the owner or lawful II. SECOND ELEMENT:
possessor of a thing has the right to exclude any person Both the person who gives the order and the person who
from the enjoyment and disposal thereof. For this executes it, must be acting within the limitations prescribed by
purpose, he may use such force as may be reasonably law.
necessary to repel or prevent an actual or threatened When the order is not for a lawful purpose, the subordinate
unlawful physical invasion or usurpation of his who obeyed it is criminally liable.
property. People v. Barroga
o If in protecting his possession, he injured the one trying o One who prepared a falsified document with full
to get it from him, he is justified under this paragraph. knowledge of its falsity is not excused even if he merely
Of Office acted in obedience to the instruction of his superior
o The executioner of the Bilibid Prison cannot be held because the instruction was not for a lawful purpose.
liable for murder for the execution performed by him People v. Margen
because he was merely acting in the lawful exercise of o Upon order, a soldier tortured to death the deceased
his office (Guevara). for bringing a kind of fish different from that he had
o A surgeon who amputated the leg of a patient to save been asked to furnish. The order to torture was illegal
him from gangrene is not liable for the crime of so the accused was not bound to obey it.
mutilation, because he was acting in the lawful exercise The subordinate is not liable for carrying out an illegal order of
of his office. his superior if he is not aware of the illegality of the order and
he is not negligent.
IV. The Actual Invasion Of Property May Consist Of A Mere
Disturbance Of Possession Or Of A Real Dispossession CLASS DISCUSSION
If its mere disturbance of possession, force may be used Self-Defense
against it at any time as long as it continues, even beyond the DEFENSE OF PROPERTY: Lentejas punched a thief, who fell and
prescriptive period of an action of forcible entry. died as a result, while she was trying to prevent the theft of her
mobile phone.
PAR. 6: OBEDIENCE TO AN ORDER ISSUED FROM SOME LAWFUL o She is not liable under Article 4 because she was
PURPOSE exercising a lawful right and not a felony. Therefore,
she can claim defense in Article 11(1) and (5).
I. Elements: o However, if she pulls out a gun and kills the thief using
1. That an order has been issued by a superior such, she may be criminally liable because it exceeds
2. That such order must be for some lawful purpose the second provision that there should be reasonable
3. That the means used by the subordinate to carry out said order necessity of the means employed to repel the
is lawful. supposed unlawful aggression Article 11(1). As such,

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she has overstepped the lawful exercise of her right to REASONABLE NECESSITY TO PREVENT OR REPEL AGGRESSION
defend her property. Does it require equality? Such that if someone punches you,
What is the extent to which you can protect your property you may only just use your fists?
without incurring criminal liability? o Not necessarily. See B. Necessity of Means Used
o The standard depends on the reasonable necessity of Mr. Arzaga is holding Mr. Bonifacio by the neck. Unknowing to
the means used. him, Mr. Bonifacio had gotten hold of a cutter. If Mr. Bonifacio
o In the defense of property rights, there must be uses the instrument against Mr. Arzaga, can he invoke the
unlawful aggression on the person of the owner. defense that his means was reasonable and necessity?
However, in the exercise of the right to protect your
property, no unlawful aggression on the person of the Article 12. Circumstances which exempt from criminal liability.
owner is necessary to entitle the accused to use The following are exempt from criminal liability:
reasonable force to defend his or her property. 1. An imbecile or an insane person, unless the latter has acted
DEFENSE OF HOME: Thieves entered your home with a torch, during a lucid interval.
which you mistook for aliens and thus fired your shotgun at When the imbecile or an insane person has committed an act
them. Can you argue defense of property? which the law defines as a felony, the court shall order his
o Issue: given that the situation took place in the house, confinement in one of the hospitals or asylums established for
is there a need for unlawful aggression in order to persons thus afflicted, which he shall not be permitted to
entitle you to defend your property? leave without first obtaining the permission of the same
o Ruling: NO. The defense of ones home does not court.
require unlawful aggression towards the accused. Even 2. A person under nine years of age
if there is not aggressive stance on the part of the 3. A person over nine years of age and under fifteen, unless he
victims, the owner can already exercise defense (so has acted with discernment, in which case, such minor shall
long as the means used was reasonable). be proceeded against in accordance with the provisions of
General rule for unlawful aggression in relation to defense of Article 80 of this code.
home: No need for unlawful aggression. When such a minor is adjudged to be criminally irresponsible,
the court, in conformity with the provisions of this and the
Belief of the accused preceding paragraph, shall commit him to the care and
Facts: Friend who played a trick on you by grabbing you at custody of his family who shall be charged with his
night, and you thinking that it was a threat to your person surveillance and education; otherwise, he shall be committed
hit the person and he died. to the care of some institution or person mentioned in said
Ruling: You are justified in your acts because you did not have Article 80.
the intent to kill the person, and (assuming) you did not act 4. Any person who, while performing a lawful act with due care,
negligently. causes an injury by mere accident without fault or intention of
causing it
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5. Any person who acts under the compulsion of an irresistible Imbecile is one who, while advanced in age, has a mental
force. development comparable to that of children between 2 and 7
6. Any person who acts under the impulse of an uncontrollable years of age. Such person is exempt in ALL cases from criminal
fear of an equal or greater injury. liability.
7. Any person who fails to perform an act required by law, when Insane is one who is deprived completely of reason or
prevented by some lawful or insuperable cause. discernment and freedom of the will at the time of committing
the crime. Such person is not exempt if it can be shown that he
POINTS acted during a lucid interval (when the insane acts with
intelligence).
I. Exempting Circumstances
1. Definition: Are grounds for exemption from punishment III. To Constitute Insanity There Must Be Complete Deprivation Of
because there is wanting in the agent of the crime any of the Intelligence Or That There Be A Total Deprivation Of The Freedom Of
conditions which make the act voluntary or negligent The Will
2. Basis The exemption from punishment is based on the Complete deprivation of intelligence- the accused is deprived of
complete absence of intelligence, freedom of action, or intent, reason and without the least discernment.
or on the absence of negligence on part of the accused. Mere abnormality of mental faculties is NOT enough, especially
if the offender has not lost consciousness of his acts.
II. In Exempting Circumstances, There Is A Crime Committed But No
Criminal Liability Arises IV. Procedure When The Imbecile Or The Insane Committed A Felony
Technically, one who acts by virtue of any of the exempting Court shall order his confinement in one of the hospitals or
circumstances commits a crime, although by the complete asylums established for persons afflicted.
absence of any of the conditions which constitute free will or Court has no power to permit the insane to leave such facility
voluntariness of the act, no criminal liability arises. without first obtaining the opinion of the Director of Health
Circumstances mentioned in Art 12 is a matter of defense and that he may be released.
the same must be proved by the defendant to the satisfaction
of the court. V. Insanity At The Time Of The Commission Of The Felony
Distinguished From Insanity At The Time Of The Trial
PAR. 1: AN IMBECILE OR INSANE PERSON, UNLESS THE LATTER HAS When a person is insane at the time of the commission of the
ACTED DURING A LUCID INTERVAL. felony, he is exempt from criminal liability.
When he becomes insane only at the time of the trial, he is
I. Basis Of Paragraph 1 criminally liable.
Complete absence of intelligence, an element of voluntariness.
VI. Who Has The Burden Of Proof To Show Insanity?
II. Imbecility Distinguished From Insanity
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The defense must prove the insanity of the accused at the time People v. Aquino The doctor attested that despite having
of the commission of the crime. organic mental disorder with psychosis, the accused recalled
The presumption is always in favor of sanity. events prior to the commission of the crime. The presence of
How much evidence is necessary to overthrow the presumption his reasoning faculties discounts any intimation of insanity.
of sanity?
o In order to ascertain a persons mental condition at the VII. Coverage of the terms
time of the act, it is permissible to receive evidence of
the condition of his mind during a reasonable period A. Dementia Praecox (Schizophrenia) Is Covered By The Term Insanity
both before and after that time. When a person is suffering from a form of psychosis (a type of
o Direct testimony is not required. dementia pracox) homicidal attack is common because of
delusions. During the period of excitement, such person has
A. Evidence Of Insanity not control whatever of his acts.
The evidence of insanity must refer to the time preceding the People v. Bonan An irresistible homicidal impulse was
act under prosecution of to the very moment of its execution. considered embraced in the term insanity. It may be said that
If the insanity is only occasional or intermittent in its nature, a person who has lost the power of his will, at the moment,
the presumption of its continuance does not arise. also lost consciousness of his acts.
Where it is shown that the defendant had lucid intervals, it will
be presumed that the offense was committed in one of them. B. Schizophrenia, Formerly Called Dementia Praceox
It is a chronic mental disorder characterized by inability to
B. When A Defense Of Insanity Is Not Credible: distinguish between fantasy and reality and often accompanied
People v. Renegado Where appellant, Loreto, testified that by hallucinations and delusions.
he was acting sanely that morning before he killed Lira after Schizophrenic reactions are recognizable through odd and
being confused and losing his senses. Moreover, he was able bizarre behavior apparent in aloofness or periods of impulsive
to recall most of the incidents that morning. The defense of destructiveness and immature and exaggerated emotionality,
insanity is incredible. often ambivalently directed.
People v. Ambal Being able to recall significant events in the
weeks prior to the crime, he was declared sane. C. Kleptomania
People v. Magallano Where psychiatrists who observed the If the unlawful act of the accused is due to mental disease or a
accused for a month attested that he did not manifest any odd mental defect, producing an irresistible impulse, as when the
behavior and it was evident that he was coherent and accused has been deprived or has lost the power of his will the
intelligent, the presumption of sanity holds. irresistible impulse should be considered covered by insanity.
People v. Puno In spite of his schizophrenic reaction, his On the other hand, if the mental defect only diminishes the
symptoms were not socially incapacitating and he could exercise of his will-power then kleptomania is only a
adjust to his environment. He is not legally insane. mitigating circumstance.
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D. Epilepsy May Be Covered By Insanity II. Age Of Absolute Irresponsibility Raised To Fifteen Years Of Age
This is a disease characterized by fits, occurring at intervals, Republic Act No. 9344 (Juvenile Justice and Welfare Act) raised
attended by convulsive motions of the muscles and loss of the age of absolute irresponsibility from 9 to 15.
consciousness. Absolute irresponsibility exempts the offender from criminal
An accused must be undergoing an epileptic fit when he liability
committed the crime in order to be acquitted (People v.
Mancao and Aguilar). PAR. 3: A PERSON OVER 9 AND UNDER 15, UNLESS HE HAS ACTED
WITH DISCERNMENT, IN WHICH CASE, SUCH MINOR SHALL BE
E. Feeblemindedness Is Not Imbecility. PROCEEDED AGAINST IN ACCORDANCE WITH THE PROVISIONS OF
A feebleminded person can distinguish right from wrong, in ARTICLE 80 OF THIS CODE
contrast to an imbecile or insane person who cannot do so.
I. Basis Of Paragraph 3
F. Pedophilia Is Not Insanity Absence of Intelligence
Pedophiles can distinguish right from wrong. (People v. Diaz)
II. Par. 3, Art. 12 Of The Revised Penal Code Impliedly Repealed By
G. Amnesia Is Not Proof Of Mental Condition Of The Accused Republic Act No. 9344
Amnesia, in itself, is no defense to a criminal charge unless it is The age bracket for conditional responsibility is now 15-18
shown that the accused did not know the nature and quality of years of age instead of 9-15.
his action. The child is exempted from criminal liability, but not from civil
liability.
H. Other Cases Of Lack Of Intelligence It is incumbent upon the prosecution to prove that a minor has
1. Committing a crime while in a dream does not make one acted with discernment, in order for him to be deprived of this
criminally liable (Somnambulism/ sleepwalking) exempting circumstance.
a. Hypnotism - whether this causes somnambulism
2. Committing a crime while suffering from malignant malaria III. Periods Of Criminal Responsibility
does not make one criminally liable for malaria affects the
nervous system and causes complications such as melancholia Period Age
and insanity. ABSOLUTE IRRESPONSIBILITY 15 years and below
(infancy)
PAR. 2: A PERSON UNDER 9 YEARS OF AGE CONDITIONAL RESPONSIBILITY 15 years and 1 day to 18 years
(Child in conflict with the law)
I. Basis Of Paragraph 2 FULL RESPONSIBILITY 18 years or over (adolescence) to
Complete absence of intelligence 70 (maturity)
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MITIGATED RESPONSIBILITY 15 years and 1 day to 18 years, old Lolita Padilla (victim) into a deep place thus causing
the offender acting with her death by drowning.
discernment; over 70 years of age. o Ruling: The allegation clearly conveys the idea that she
knew what would be the consequence of her unlawful
Senility the age over 70 years, although said to be the act of pushing her victim into deep water and that she
second childhood is only a mitigated responsibility. It cannot be knew it to be wrong.
considered as similar to infancy which is exempting.
V. Burden Of Proof Of Age
IV. Meaning Of Discernment Any person alleging the age has the burden of proof.
Capacity of the child to understand the difference between A. Presumption Of Minority
right and wrong and its consequences. A child shall enjoy all the presumption of minority and all the
rights of a child until proven to be eighteen years or older at
A. Determination Of Discernment the time of the commission of the offense.
The determination of discernment shall take into account the
ability of a child to understand the moral and psychological B. Determination Of Age
components of criminal responsibility and the consequences of A childs age shall be determined according to the ff rules:
the wrongful act. 1. Original or certified true copy of birth certificate.
2. Similar authentic documents (baptismal certificates, school
B. Discernment & Intent Distinguished records)
Intent refers to the desired act of the person 3. Testimony of a member of the family related to the child by
Discernment the moral significance that a person ascribes to affinity or consanguinity, testimonies of other persons, physical
the said act. appearance of the child and other relevant evidence.

C. Discernment May Be Shown By: PAR. 4: ANY PERSON WHO, WHILE PERFORMING A LAWFUL ACT WITH
1. Manner of committing the crime (e.g. minor committed the DUE CARE, CAUSES INJURY BY MERE ACCIDENT WITHOUT FAULT OR
crime during nighttime to avoid detection). INTENTION.
2. Conduct of the offender (e.g. a minors perverted character and
satisfaction upon the accomplishment of the act). I. Basis Of Paragraph 4
Lack of negligence and intent
D. The Allegation Of With Intent To Kill In The Information Is Under this circumstance, the person does not commit either an
Sufficient Allegation Of Discernment intentional felony or a culpable felony.
People v. Neito
o Facts: Alleged accused, with intent to kill, did then and II. Elements:
there willfully, criminally and feloniously push 8-year- 1. A person is performing a lawful act
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2. With due care V. THIRD ELEMENT: Causes Injury By Mere Accident
3. He causes an injury by mere accident
4. Without fault or intention of causing it A. What Is An Accident?
Something that happens outside the sway of our will, and
III. FIRST ELEMENT: The Person Must Be Performing A Lawful Act although it comes about through some act of our will, lies
People v. Galacgac beyond the bounds of humanly foreseeable consequences.
o The discharge of a firearm in a crowded place in Manila o It is an event that does not necessarily and logically
being prohibited by Article 155, appellant Galacgac was follow/result from ones act.
not performing a lawful act. Hence, exemption cannot It is negligence when the consequences are foreseeable.
be invoked. Examples Of An Accident:
Striking another with a gun in self-defense, even if it fired and US v. Tanedo
seriously injured the assailant is a lawful act o Facts: the accused, while hunting, saw wild chickens
o People v. Vitug and fired a shot. The slug recoiled and hit the tenant
When the defendant drew his gun and with it who was a relative of the accused, thereby killing him.
struck the diseased after the latter had given o Held: IF life is taken by misfortune or accident while the
him a fist blow on the shoulder, the defendant actor is in performance of a lawful act executed with
was performing a lawful act. Whether the gun due care and without intention of doing harm, there is
was cocked or uncocked the striking could not no criminal liability.
have been done in any other manner. The act US v. Tayongtong
was a legitimate act of defense. o A chauffer, while driving on the proper side of the road
The fact that the gun fired because the hand of at a moderate speed and with due diligence, suddenly
the defendant was on the trigger when he hit and unexpectedly hit a man. It was held that he is not
deceased was a mere accident without any criminally liable, it being a mere accident.
fault or intention of causing it.
People v. Reyta VI. FOURTH ELEMENT: Without Fault Of Intention Of Causing It
o The act of drawing a weapon in the course of a quarrel A. Accident Presupposes Lack Of Intention To Commit The Wrong
not being in self-defense is unlawful. It is light threat Done.
(Art. 285, par. 1). The exempting circumstance of Article 12 refers to purely
accidental cases where there was absolutely NO intention to
IV. SECOND ELEMENT: The Person Performing A Lawful Act Must Do commit the wrong done.
So With Due Care, Without Fault Or Negligence
Criminal liability exemption in this article cannot be invoked if B. Case Of Negligence, Not Accident
the appellant is guilty of negligence. People v. Nocum

63

o The defendant drew a pistol and shot twice in the air to
get the attention of 2 persons fighting. He fired another II. Elements:
shot that ricocheted and hit an innocent bystander. He 1. Compulsion is by means of physical force
was convicted of homicide through reckless 2. Physical force must be irresistible
imprudence. o Before a force can be considered an irresistible one, it
Comment: Such ruling was given because the consequences in must produce such an effect upon the individual that,
the given situation are foreseeable. in spite of all resistance, it reduces him to a mere
instrument (reason why hes incapable of committing
C. Accident And Negligence, Intrinsically Contradictory the crime)
Jarco Marketing Corporation v. Court of Appeals o In spite of all resistance, it compels the person to obey
o Accident and negligence are intrinsically contradictory. or act upon it.
One cannot exist with the other. 3. Physical force must come from a third person
People v. Ayaya Example: US v. Caballeros
o Court held that the absence of any reasonable motive Facts: Baculi, one of the accused but is not part of the band
to prompt said defendant to injure her husband which murdered the American school-teachers, was at the
compelled the court to conclude that in thrusting her scene of the crime and was made to bury the bodies because
umbrella in the opening of the door, she did so to free he was struck with the butts of the bands guns.
her son from imminent danger of having his head Held: Baculi was not criminally liable because an outside
crushed or being strangle; the injury was caused by a irresistible force compelled him to do the said act.
mere accident.
III. FIRST & SECOND ELEMENT: Compulsion Of Irresistible Force
D. When Claim Of Accident Not Appreciated: NO Compulsion of irresistible force
1. People v Taylaran Repeated blows negate claim of wounding People v Sarip
by mere accident. o Pretension of an accused to be threatened with a gun
2. People v. Reyes Accidental shooting is negated by by a friend doesnt hold when the accused has a rifle at
threatening words preceding it. hand.

PAR. 5: ANY PERSON WHO ACTS UNDER THE COMPULSION OF AN IV. THIRD ELEMENT: Physical Force Must Come From A Third Person
IRRESISTIBLE FORCE Passion or obfuscation cannot be irresistible force
Irresistible force can never consist in an impulse or passion or
I. Basis Of Paragraph 5 obfuscation. Irresistible force must consist of an extraneous
Complete absence of freedom, an element of voluntariness. force from a third party.
Presumption: person is compelled by means of force or
violence to commit a crime. V. Nature Of Force Required
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Irresistible to reduce the actor to a mere instrument who acts Held: Cannot be held criminally liable because the impulse of
not only without will but against his will. an uncontrollable fear of an equal or greater injury (penalty of
Duress, force, fear, or intimidation must be present, imminent rebellion is prision mayor or imprisonment for a period of 6-12
and impending to induce a well-grounded apprehension of years and fine is less than the injury of death)
death or serious bodily harm if the act is not done.
Compulsion must be of such a character as to leave no IV. Nature Of Duress As A Valid Defense (People v. Quilloy)
opportunity to the accused for escape or self-defense in equal Should be based on real, imminent, or reasonable fear for ones
combat. life or limb.
Should not be speculative, fanciful, or remote fear.
PAR. 6: ANY PERSON WHO ACTS UNDER THE IMPULSE OF AN
UNCONTROLLABLE FEAR OF AN EQUAL OR GREATER INJURY V. The Accused Must Not Have Opportunity For Escape Or Self-
Defense
I. Basis of Paragraph 6 Compulsion must be of such a character as to leave no
Based on the complete absence of freedom; actus me invite opportunity to the accused for escape or self-defense in equal
factus non est meus actus (an act done by me against my will combat.
is not my act.). Duress is unavailing where the accused had every opportunity
Presumption: a person is compelled to commit a crime by to run away or resist when he wanted to because he was
means of intimidation or threat. armed
When several opportunities are present but accused did not act
II. Elements: upon it, defense of being under intimidation is untenable.
1. Threat which causes the fear is an evil greater than or at least When the accused carries a much stronger weapon that the
equal to that which he is required to commit. one intimidating him, its held that accused did not act under
2. It promises an evil of such gravity and imminence that the impulse of an uncontrollable fear of an equal or greater injury.
ordinary man would have succumbed to it. Command of Hukbalahap killers cause of uncontrollable fear
because of their ruthless killing nature (People v. Regala)
III. Elements: In treason nothing will excuse that act of joining an enemy,
1. Existence of an uncontrollable fear. but the fear of imminent death.
2. Fear must be real or imminent.
3. Fear of an injury is greater than or at least equal to that VI. Speculative, Fanciful, And Remote Fear Is Not Uncontrollable Fear
committed. Threat must be of a serious character and imminence as to
Example: (US v. Exaltacion) create in the mind of the defendant an uncontrollable fear and
Facts: Liberato Exaltacion and Buenaventura Tanchinco swore an infliction of an equal or greater evil would be done upon him
allegiance to the Katipunan because of fear of death. on non-compliance.
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Absence of proof of actual physical or moral compulsion to act,
it not sufficient to exempt the accused from criminal liability. B. Some Insuperable Cause
Municipal president detained the offended party for three days
VII. Real, Imminent Or Reasonable Fear and was not able to comply with the 18-hour requirement
Case of US v. Exaltacion as an example because of the no means of transportation (US v. Vicentillo)
Threat of future injury is not enough it must be clearly insuperable cause is the no transportation.
shown that the compulsion must be of such character as to A mother who was overcome by severe dizziness and extreme
leave NO opportunity to escape debility left her child in a thicket who subsequently died is not
liable for infanticide because of the impossibility to take the
VIII. Distinction Between Irresistible Force And Uncontrollable Fear child home. (People v. Bandian) insuperable cause is the
Irresistible force (par. 5) uses violence or physical force severe dizziness and extreme debility.
Uncontrollable fear (par. 6) uses intimidation or threat
OTHER MATTERS
PAR. 7: ANY PERSON WHO FAILS TO PERFORM AN ACT REQUIRED BY I. In All The Exempting Circumstances, Intent Is Wanting In The Agent
LAW, WHEN PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE Of The Crime
Intent presupposed the exercise of freedom and the use of
I. Basis Of Paragraph 7 intelligence.
Accused acts without intent.
II. Distinction Between Justifying And Exempting Circumstances
II. Elements: Justifying circumstances
1. Act is required by law to be done. o Person does not transgress the law, he does not
2. Person fails to perform such act. commit any crime in the eyes of the law.
3. His failure to perform such act was due to some lawful or o There is nothing unlawful in the act as well as the
insuperable cause intention.
o Act is in itself just and lawful.
III. When Prevented By o There is neither a crime nor a criminal.
A. Some Lawful Cause o No civil liability except for par. 4 (causing damage to
(Vide, Sec. 24[d], Rule 130, Rules of Court) another in state of necessity).
A confessed to a Filipino priest that theres an ongoing Exempting circumstances
conspiracy against the government, which he is a part of. Under o There is a crime but NO criminal liability.
the law, one is required to tell the government about the said o Act is not justified but the actor is not criminally liable.
act. Non-compliance of this law by the Filipino priest exempts o There is civil liability except in pars. 4 and 7(causing
him from criminal liability because he is bound by his injury by mere accident; failing to perform an act
professional capacity for non-disclosure of confessions.
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required by law when prevented by some lawful or B. Instigation Is An Absolutory Cause
insuperable cause). US v. Phelps
o Facts: an internal revenue agent represented himself as
III. Absolute Causes a private individual and asked the accused to lead him
Definition: Those where the act committed is a crime but for where he could smoke opium. Agent went to the
reasons of public policy and sentiment there is no penalty accused three times and insisted so much, hence the
imposed. accused brought him to a place where opium is
available.
A. Other Absolutory Causes (Aside From Article 11 And 12) o Held: Accused not criminally liable because he was
Article 6 the spontaneous desistance of the person who instigated to commit the crime of smoking opium.
commenced the commission of a felony before he could Suppose the agent induced the accused to sell him opium and
perform all the acts of execution. accused did sell the agent opium, is the accused liable for illegal
Article 7 Light felony is only attempted or frustrated, and is possession of opium? YES, because mere possession of opium is
not against persons or property. a crime in itself.
Article 20 The accessory is a relative of the principal.
Article 124, last paragraph legal grounds for arbitrary Instigation Must Be Made By Public Officers Or Private Detectives
detention. A sound public policy requires that the courts shall condemn
Article 247, pars. 1 and 2 Death or physical injuries inflicted this practice by directing an acquittal whenever it appears that
under exceptional circumstances. the public authorities or private detectives, with their
o Any legally married person who, having surprised his cognizances, have taken active steps to lead the accused into
spouse in the act of committing sexual intercourse with the commission of the act.
another person, shall kill any of them or both of them If the one who made the instigation is a private individual who
in the act or immediately thereafter, or shall inflict is not performing a public function, both he and the one
upon them any serious physical injury, shall suffer the accused is criminally liable for the crime committed.
penalty of destierro. Private individual as principal by induction.
o If he shall inflict upon them physical injuries of any Accused as principal by direct participation.
other kind, he shall be exempt from punishment.
Article 280, par. 3 Legal grounds for trespass. C. Entrapment Is Not An Absolutory Cause
Article 332 The crime of theft, swindling or malicious mischief The general rule: no defense to the perpetrator of the crime
is committed against a relative. that facilities for its commission were purposely placed in his
Article 344, par. 4 Marriage of the offender with the offended way, or that the criminal act was done at the decoy
party when the crime committed is rape, abduction, seduction, solicitation of persons seeking to expose the criminal, or that
or acts of lasciviousness. detectives feigning complicity in the act were present and
apparently assisting in its commission. Especially is this true in
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that class of cases where the offense is one of kind habitually o Ways and means are resorted to for the purpose of
committed, and the solicitation merely furnishes evidence of a trapping and capturing the lawbreaker in the execution
course of conduct. of his criminal plan.
People v. Lua Chua o No bar to prosecution and conviction of lawbreaker.
o Facts: The accused wrote to his correspondent in o Means originate from the mind of the criminal.
Hongkong to send him a shipment of opium, which had o No exemption in liability.
already been waiting for a ship to Cebu. The Collector o Not a defense.
of Customs of Cebu received information regarding the There Is Neither Instigation Nor Entrapment When The Violation Of
plan of the accused to land opium in the port. Juan The Law Is Simply Discovered
Samson, a secret servicemen pretended to smooth the People v. Tan Tiong
way for the importation, while the Collector of Customs o Facts: Accused sold a can of powder above the ceiling
received P20,000. price and contended that the government agent
o Ruling: It is true that Juan Samson smoothed the way induced him to violate the law by purchasing from him
for the introduction of the prohibited drug, but that the specified article.
was after the accused had already planned its o Held: agent did not induce the accused. Agent only
importation and had made the order. knew the price difference when he bought from the
o Alternative Scenario: Supposed the accused had not yet accused. Accused was the one who charged and
ordered for the opium, but after the assurance of the collected the price. There was no entrapment.
Collector of Customs, he made the order.
Ruling: There would be instigation. E. Assurance Of Immunity By A Public Officer Does Not Exempt A
Person From Criminal Liability
D. Entrapment And Instigation Distinguished Not even the President could give such assurance of immunity
Instigation to any violator of the firearm law. His constitutional clemency
o Instigator practically induces he would-be accused into can be exercised only after conviction.
the commission of the offense and instigator becomes
a co-principal. IV. Complete Defense In Criminal Cases
o Bar to prosecution and conviction of lawbreaker. 1. The prosecution does not prove any of the essential elements
o Law enforcer conceives the commission of the crime of the crime charged and elements proved do not constitute
and suggests to the accused who adopts the idea and any crime.
carries it into execution. 2. Acts falling under justifying circumstances
o Exempts the criminal from liability. 3. Acts falling under exempting circumstances
o An absolutory cause. 4. Covered by any absolutory causes
Entrapment 5. Guilt of the accused not established beyond reasonable doubt
6. Prescription of crimes
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7. Pardon by the offended party before the institution of criminal
action in crime against chastity

CLASS DISCUSSION
What allowance is granted by law to the person who uses a certain
method to defend himself?
Instinct of self-preservation is in play during actual emergencies
that pose danger to life and limb Defendant is not required
to analyze the situation and with mathematical precision and
equality analyze the least harmful way to defend himself. His
instinct, not necessarily his formal reason, is in motion during
self-defense.

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CHAPTER 3: CIRCUMSTANCES WHICH MITIGATE CRIMINAL Susceptible of being offset by any Cannot be offset by aggravating
LIABILITY aggravating circumstance. circumstance.
When not offset by an aggravating Produces the effect of imposing
I. Mitigating Circumstances circumstance, produces only the upon the offender the penalty
Definition those which, if present in the commission of the effect of applying the penalty lower by one or two degrees than
crime, do not entirely free the actor from criminal liability, but provided by law for the crime in that provided by law.
serve only to reduce the penalty. its minimum period, in case of
Basis on the diminution of either freedom of action, divisible penalty,
intelligence, or intent, or on the lesser perversity of the
offender. IV. Mitigating Circumstances Only Reduce The Penalty, But Do Not
Change The Nature Of The Crime
II. Classes Of Mitigating Circumstances Accused is charged with murder
Ordinary mitigating those enumerated in subsections 1 to 10 o The fact that there is a generic or privileged mitigating
of Article 13; those mentioned in subsection 1 of Article 13, if circumstance does not change the felony to homicide.
Article 69, for instance, is not applicable. o If there is an ordinary or generic mitigating
Privileged mitigating circumstance not offset by any aggravating
o Article 68 circumstance penalty imposed is reduced to the
o Article 69 minimum of the penalty for murder.
o Article 64 o If there is a privileged mitigating circumstance
o Privileged mitigating circumstances applicable only to penalty for murder will be reduced by one or two
particular crimes degrees lower.
Article 268, par. 3 - Voluntary release of the o In every case, the accused should be held guilty of
person illegally detained within 3 days without murder.
the offender attaining his purpose and before o The mitigating circumstance reduces the penalty
the institution of criminal action (penalty is one provided by law but does not change the nature of the
degree lower) crime.
Article 333, par. 3 abandonment without
justification of the spouse who committed Article 13. Mitigating circumstances.
adultery (penalty is one degree lower) The following are mitigating circumstances:
1. Those mentioned in the preceding chapter, when all the
III. Distinctions requisites necessary to justify or to exempt from criminal
liability in the respective cases are not attendant.
Ordinary Mitigating Circumstance Privileged Mitigating 2. That the offender is under eighteen years of age or over
Circumstance seventy years. In the case of the minor, he shall be proceeded
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against in accordance with the provisions of Article 80. Circumstances of justification or exemption which may give
3. That the offender had no intention to commit so grave a place to mitigation:
wrong as that committed.
4. That sufficient provocation or threat on the part of the Source Circumstance
offended party immediately preceded the act. Article 11, par. 1 Self-defense
5. That the act was committed in the immediate vindication of a Article 11, par. 2 Defense of relatives
grave offense to the one committing the felony (delito), his Article 11, par. 3 Defense of stranger
spouse, ascendants, or relatives by affinity within the same Article 11, par. 4 State of necessity
degrees. Article 11, par. 5 Performance of duty
6. That of having acted upon an impulse so powerful as naturally Article 11, par. 6 Obedience to order of superior
to have produced passion or obfuscation. Republic Act No. No. Minority above 15 but below 18
7. That the offender had voluntarily surrendered himself to a 9344 years of age
person in authority or his agents, or that he had voluntarily Article 12, par. 4 Causing by mere accident
confessed his guilt before the court prior to the presentation Article 12, par. 6 Uncontrollable fear
of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise Article 12, par. 1 & 2 cant give place to mitigation because
suffering some physical defect which thus restricts his means there is no middle ground between sanity and insanity or
of action, defense, or communications with his fellow beings. between the absence or presence of intelligence.
9. Such illness of the offender as would diminish the exercise of Any illness which would diminish will-power, without depriving
the will-power of the offender without however depriving him the offender of consciousness of his acts are considered to be
of the consciousness of his acts. within the scope of Article 13, par. 9.
10. And, finally, any other circumstances of a similar nature and
analogous to those above mentioned. II. When All The Requisites Necessary To Justify An Act Are Not
Attendant
POINTS 1. Incomplete self-defense, defense of relatives and defense of
stranger.
PAR. 1: THOSE MENTIONED IN THE PRECEDING CHAPTER, WHEN ALL o Article 13, par. 1 is applicable ONLY when unlawful
THE REQUISITES NECESSARY TO JUSTIFY OR EXEMPT FROM CRIMINAL aggression is present but the other two requisites (in
LIABILITY IN THE RESPECTIVE CASES ARE NOT ATTENDANT. the cases referred to in Article 11, par. 1,2,3) are not
present.
I. Important Words And Phrases If there is no unlawful aggression, there could
Those mentioned in the preceding chapter be no self-defense or defense of a relative,
o This clause has reference to (1) justifying circumstances whether complete or incomplete.
and (2) exempting circumstances.
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When 2 of 3 requisites mentioned are present, the case
o Ruling: Appellants are declared guilty of
should be considered under privileged mitigating murder with the mitigating circumstance. The
circumstance (Article 69)1. Supreme Court considered one of the two
o People v. Martin When there is unlawful aggression requisites as constituting the majority.
on the part of the deceased, without sufficient 4. Incomplete justifying circumstance of obedience to an order.
provocation by the defendant, but the defendant used o People v. Bernal
means not reasonably necessary, for after having Facts: Roleda fired at Pilones following the
snatched the rope from the deceased, he should not order of his superior Sgt. Benting. It was found
have wound it around her neck and tightened it, the that Roleda may have acted without
defendant is only entitled to privileged mitigating questioning his superior because he had a
circumstance as there is incomplete self-defense. feeling of resentment resulting from Pilones
2. Incomplete justifying circumstance of avoidance of greater evil having killed a member of the military police.
or injury Issue: Whether or not the absence of one of
o Avoidance of a greater evil or injury is a justifying two justifying circumstance requirements
circumstance ONLY if all 3 requisites in Article 11, par.4 constitutes a mitigating circumstance.
are present. Ruling: The first circumstance (order by
o If any of the last two requisites is absent, there is ONLY superior) is present, but the second (order is
mitigating circumstance. for some lawful purposes) is wanting.
3. Incomplete justifying circumstance of performance of duty.
o People v. Oanis III. When All The Requisite Necessary To Exempt From Criminal
Facts: The deceased was killed while asleep, as Liability Are Not Attendant
he was mistaken to be Balagtas a person who 1. Incomplete exempting circumstance of minority over 15 and
was to be apprehended dead or alive if there is under 18 years of age.
resistance. The arresting officers through o If the minor is over 15 and under 18, but acted with
impatience or their desire to take no chances discernment, he is entitled only to a mitigating
thus killed the deceased. circumstance.
Issue: Whether or not there is mitigating 2. Incomplete exempting circumstance of accident.
circumstance. o There are 2 requisites for Article 12, par. 4.
o If the 2nd requisite (done with due care) and the first
part of the 4th requisite (no fault) are ABSENT, case will
1 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 fall under Article 365, which punishes a felony by
excusable by reason of the lack of some of the conditions required to justify the same or to negligence or imprudence mitigating because the
exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that penalty is lower than that which punishes intentional
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 felony.
or lacking.
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oIf the 1st requisite (lawful act) and second part of the 4th o Diversion Program refers to the program that the
requisite (intention of causing harm) are ABSENT, that child in conflict with the law is required to undergo
is the person committed an unlawful act and had the after he/she is found responsible for an offense
intention of causing injury, it will be an intentional without resorting to formal court proceedings
felony no mitigating circumstance at all.
3. Incomplete exempting circumstance of uncontrollable fear. A. System Of Diversion
o If only 1 of 2 requisites of Article 12, par. 6 are present, Children in conflict with the law shall undergo diversion
there only a mitigating circumstance. programs without undergoing court proceedings

PAR. 2: THAT THE OFFENDER IS UNDER EIGHTEEN YEAR OF AGE OR Penalty Procedure
OVER SEVENTY YEARS. IN THE CASE OF THE MINOR, HE SHALL BE Imposable penalty Mediation, family conferencing and conciliation
PROCEEDED AGAINST IN ACCORDANCE WITH THE PROVISIONS OF for the crime is not and, where appropriate, adopt indigenous modes
ARTICLE 80. more than 6 years of conflict resolution in accordance with the best
imprisonment. interest of the child with a view to accomplishing
I. Basis Of Paragraph 2 the objectives of restorative justice.
The diminution of intelligence, a condition of voluntariness.
Involves:
II. Article 13, Par. 2 Of Revised Penal Code Impliedly Repealed By (1) Law enforcement office/Punong Barangay
Republic Act No. 9344 (2) Local social welfare and development
Under R.A 9344, a child above 15 but below 18 years of age officer/other members of the Local Councils
shall be exempt from criminal liability unless he acted with for the Protection of Children (LCPC)
discernment. (3) Child and his/her family
If the child acted with discernment, he shall undergo diversion Victimless crime Develop appropriate diversion and rehabilitation
programs. where imposable program.
penalty is not
III. Diversion Programs (Republic Act No. 9344) more than 6 years Involves:
If the child acted with discernment, he shall undergo diversion imprisonment. (1) Coordinate with Barangay Council for the
programs. Protection of Children (BCPC)
o Diversion alternative child-appropriate process of (2) Local social welfare development officer
determining the responsibility and treatment of a child (3) Child and his/her parents or guardians
in conflict with the law on the basis of his/her social, Imposable penalty Diversion measure may be resorted only by the
cultural, economic, psychological, or educational exceeds 6 years court.
background without resulting to formal court imprisonment
proceedings.
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B. Conferencing, Mediation, Conciliation IV. That The Offender Is 70 Years Of Age Is Only A Generic Mitigating
A child in conflict with the law may undergo conferencing, Circumstance
mediation or conciliation outside the criminal justice system or Article 68 (privileged mitigating circumstances) does not
prior to his entry into said system. include offenders over 70 years old.

C. Contract Of Diversion PAR. 3: THAT THE OFFENDER HAD NOT INTENTION TO COMMIT SO
If during the conferencing, mediation or conciliation, the child GRAVE A WRONG AS THAT COMMITTED
voluntarily admits the commission of the act a diversion
program shall be developed when appropriate and desirable. I. Basis Of Paragraph 3
Such admission shall not be used against the child in any Intent, an element of voluntariness in intentional felony, is
subsequent judicial, quasi-judicial or administrative diminished.
proceedings.
Diversion program shall be effective and binding by the written II. Rule For Application
acceptance signed by authorities and parties concerned. This circumstance can be taken into account only when the
The local social welfare and development officer shall supervise facts proven show that there is a notable and evident
the implementation of the diversion. disproportion between the means employed to execute the
Diversion proceedings shall be completed in 45 days. criminal act and its consequences.
Period of prescription of the offense shall be suspended until o US v. Bertucio The accused confined himself to
the completion of the diversion. giving a single blow with a bolo on the right arm of the
Child shall present himself/herself to authorities who imposed victim and did not repeat the blow. The death of the
diversion program at least once a month for reporting and victim was due to neglect and the lack of medical
evaluation of the effectiveness of the program. treatment, his death having resulted from hemorrhage
Failure to comply with the program shall give the offended which those who attended to him did not know how to
party the option to institute appropriate legal action. stop or control in time.
Where it may be conducted Katarungang Pambarangay o NOTE: There is still criminal liability (in consonance
during the investigation phase and during all levels of the with Article 4). It is simply mitigated.
proceedings including judicial level.
Duty of the Punong Barangay or the Law Enforcement Officer III. Evidence Of Intention As A Factor For Mitigating Circumstance
when there is no diversion if the imposable penalty is over 6 A. Intention, Being An Internal State, Must Be Judged By External Acts
years or the child/his parents do not consent to a diversion, the The intention, as an internal act is judged not only by the
Punong Barangay shall forward the records of the case to the proportion of the means employed by him to the evil produced
law enforcement officer, prosecutor or appropriate court by his act, but also by the fact that the blow was or was not
within 3 days. aimed at a vital part of the body.

74

B. How To Determine Intent Lack of intention to commit so grave a wrong, mitigating in
The weapon used, the part of the body injured, the injury robbery with homicide.
inflicted, and the manner it is inflicted may show that the o People v. Abuega it has not be satisfactorily
accused intended the wrong committed established that in forcing entrance through the door
How to determine intent: which was then closed, with the use of pieces of wood,
o The kind of weapon used. the accused were aware that the deceased was behind
o The part of the body injured. the door and would be hurt, and there is not clear
o The kind/extent of the injury inflicted. showing that they ever desired to kill the deceased as
Intention must be judged by considering the weapon used, the they sought to enter the house.
injury inflicted, and his attitude of the mind when the accused Appreciated in murder qualified by circumstance based on
attacked the deceased (People v. Flores). manner of commission, not on state of mind of accused.
When a person stabs another with a lethal weapon upon a vital o People v. Enriquez
part of the body, death could presumably be anticipated and Facts: Several accused decided to have the
the accused must be presumed to have intended the natural foreman beaten up. Foreman died as a result of
consequences of his wrongful act (People v. Reyes). hemorrhage.
The weapon used, the force of the blow, the spot where the Ruling: Murder results from presence of
blow was directed and landed, and the cold blood in which it qualifying circumstances (premeditation and
was inflicted, all tend to negative any notion that the plan was treachery) based upon the manner of
anything less than to finish the victim (People v. Banlos). committing the crime, not in the state of mind
Inflicting of five stab wounds in rapid succession negates of the accused.
pretense of lack of intention to cause so serious an injury. It Lack of intent to kill, not mitigating in physical injuries.
brings forth in bold relief the intention of the accused to snuff o People v. Galacgac In crimes against persons who do
out the life of the deceased (People v. Braa). not die as a result of the assault, the absence of the
intent to kill reduces the felony to mere physical
C. Whose Intention Matters injuries, but it does not constitute a mitigating
Article 13, paragraph 3, is not applicable when the offender circumstance.
employed brute force It is the intention of the offender at the Lack of intent to kill, mitigating when the victim dies.
moment when he is committing the crime which is considered. o People v. Pugay
o Article 13, par. 3 addresses itself to the intention of Facts: Accused set the deceaseds clothes on
the offender at the particular moment when he fire with the intent of causing physical injuries
executes or commits the criminal act; not to his at the most.
intention during the planning stage. Ruling: Accused is guilty of the resulting death
but he is entitled to the mitigating
D. When Appreciated
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circumstance of no intention to commit so PAR. 4: THAT SUFFICIENT PROVOCATION OR THREAT ON THE PART OF
grave a wrong as that committed. THE OFFENDED PARTY IMMEDIATELY PRECEDED THE ACT.
Applied in malversation of public funds (Perez v. People).
o Facts: Petitioner misappropriated funds because he I. Basis Of Paragraph 4
was impelled by the genuine love for his brother and Based on the diminution of intelligence and intent
his family. He used the funds to pay off a debut owed
by his brother, while another portion went to his II. Provocation
medications for his debilitating diabetes. Provocation any unjust or improper conduct or act of the
o Ruling: Petitioner is entitled to mitigating circumstance offended party, capable of exciting or inciting or irritating
as petitioner restituted all by P 8,000 of the funds in anyone.
less than one month and a half.
III. Elements Of Provocation
E. When Not Appreciated 1. That the provocation must be sufficient
Not appreciated in murder qualified by treachery. 2. That it must originate from the offended party
Not applicable to felonies by negligence. 3. That the provocation must be immediate to the act, i.e., to the
o The reason is that in felonies through negligence, the commission of the crime by the person who is provoked.
offender acts without intent. The intent in intentional
felonies is replaced by negligence, imprudence, lack of IV. FIRST ELEMENT: The Provocation Must Be Sufficient.
foresight, or lack of skill in culpable felonies. Sufficient means adequate to excite a person to commit the
Not applicable to felonies like defamation or slander (People v. wrong and must accordingly be proportionate to its gravity.
Galang de Bautista). Applicable ONLY to offenses resulting in
physical injuries or material harm. A. As To Whether A Provocation Is Sufficient Depends Upon The Act
Constituting The Provocation:
IV. Is Article 13, Par. 3 Applicable To Felonies Where Intention Of The 1. The social standing of the person provoked.
Offender Is Immaterial? 2. The place and time when the provocation is made.
People v. Cristobal where the resulting abortion was not
intended by the offender, this mitigating circumstance is not V. SECOND ELEMENT: Provocation Must Originate From The Offended
applicable. Party.
People v. Flameo where the accused pulled the hair of the The reason for the requirement is that the law says that the
complainant with the intention to maltreat her, but thus provocation is on the part of the offended party.
caused her to fall on her buttocks resulting into unintentional People v. Reyes Where the provocation did not come from
abortion, mitigating circumstance was given in favor of the the deceased but from his mother, the same may not be
accused. appreciated in favor of the accused.

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A. Difference Between Sufficient Provocation As Requisite Of injured B, there was a mitigating circumstance of threat
Incomplete Self-Defense And As A Mitigating Circumstance. immediately preceding the act.
Vague threats are insufficient.
Element of self-defense Mitigating circumstance o Vague If you do not agree, beware.
Pertains to its absence on the part Pertains to its presence on the o Clear Follow us if you dare and we will kill you.
of the person defending himself part of the offended part.
PAR.5: THAT THE ACT WAS COMMITTED IN THE IMMEDIATE
VI. THIRD ELEMENT: Provocation Must Be Immediate To The VINDICATION OF A GRAVE OFFENSE TO THE ONE COMMITTING THE
Commission Of The Crime. FELONY (DELITO), HIS SPOUSE, ASCENDANTS, DESCENDANTS,
There should not be any interval of time between the LEGITIMATE, NATURAL OR ADOPTED BROTHERS OR SISTERS, OR
provocation of the offended party and the commission of the RELATIVES BY AFFINITY WITHIN THE SAME DEGREES.
crime of the person provoked.
o When there is an interval of time between the I. Basis Of Paragraph 5
provocation and the commission of the crime, the Based on the diminution of the conditions of voluntariness.
conduct of the offended party could not have excited o Grave offense must be directed to the accused
the accused to the commission of the crime, he having o Vindication of a grave offense incompatible with
time to regain his reason and to exercise self-control passion or obfuscation.
People v. Benito
o Facts: The accused had almost a day to mull over the II. Elements For Vindication Of Grave Offense:
alleged provocation before he reacted by shooting the 1. That there be a grave offense done to the one committing the
victim. felony, his spouse, ascendants, descendants, legitimate, natural
o Ruling: Inevitable conclusion is he did not feel or adopted brothers or sisters, or relatives by affinity within the
sufficiently provoked at the time the alleged same degrees
provocation was made. His shooting the victim the next 2. That the felony is committed in vindication of such grave
day was a deliberate act of vengeance and not the offense. A lapse of time is allowed between the vindication and
natural reaction of a human being to immediately the doing of the grave offense.
retaliate when provoked.
Threat immediately preceded the act III. Application
o The threat should not be offensive and positively Applies to grave offense committed against surviving spouse of
strong, because if it is, the threat to inflict real injury is deceased relative.
an unlawful aggression, which may give rise to self- o If A (surviving husband of B) was killed by C, Bs
defense. brothers would be entitled to the mitigating
o Example: A was threatened by B with bodily harm and circumstance of vindication of grave offense if they
because of the threat, A immediately attacked and
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cause serious physical injuries to C immediately after offense. offender or his relatives.
learning of As death. Provocation or threat Proximate, which admits an
A lapse of time is allowed between the grave offense and the immediately preceded the act i.e. interval time between the grave
vindication. no interval time in between. offense time by the offended
o The Spanish text uses proxima meaning next. party and the commission of the
o The fact that the accused was slapped by the deceased crime.
in the presence of many persons a few hours before
the former killed the latter, was considered a mitigating Reason for difference This greater leniency in the case of
circumstance that the act was committed in the vindication is due undoubtedly to the fact that it concerns the
immediate vindication of a grave offense (People v. honor of a person, an offense which is more worthy of
Parana). consideration than mere spite against the one giving the
Interval time negating vindication. provocation or threat.
o People v. Lumayag 9 months had passed between
the infliction of physical injuries of the deceased on the V. Basis To Determine Gravity Of Offense In Vindication
accused and the act of the accused of murdering the Considerations in determining whether a certain personal
deceased. offense was grave:
o People v. Benito At 11:00am, deceased told the o Social standing of the person.
accused in the presence of the latters officemates o Place where the insult was made.
hindi ko alam na itong Civil Service pala ay istambayan o Time when the insult was made.
ng magnanakaw. Accused killed the deceased at Considered grave offenses:
5:00pm. No mitigating circumstance. o Sarcastic remark implying the accused was a petty
o Mitigating circumstance of immediate vindication of a tyrant.
grave offense cannot be considered in favor of accused o Remark of the injured party before the guests that the
because he had sufficient time to recover his serenity accused lived at the expense of his wife
(People v. Lopez). consideration of place.
o Just after the American forces reoccupied Manila, the
IV. Provocation v. Vindication offended party told the accused that the latter was a
Japanese spy consideration of time.
Provocation Vindication The provocation should be proportionate to the damage
Made directly only to the person The grave offense may be caused by the act and adequate to stir one to its commission.
committing the felony. committed also against the Grave offense must be directed to the accused.
offenders relatives. o The supposed grave offense done by the victim was an
The cause that brought about the The offended party must have alleged remark made in the presence of the accused
provocation need not be a grave done a grave offense to the that the Civil Service Commission is a hangout of
78

thieves. The remark itself was general and not alluding Passion or obfuscation may constitute a mitigating
to anyone. People in the vicinity would not have known circumstance only when the same arose from lawful
that the accused was possibly being insulted unless sentiments.
they were aware that he was facing charges involving o For this reason, even if there is actually passion or
his honesty and integrity (People v. Benito). obfuscation on the part of the offender, there is no
mitigating circumstance when:
PAR. 6: THAT OF HAVING ACTED UPON AN IMPULSE SO POWERFUL AS The act is committed in a spirit of lawlessness.
NATURALLY TO HAVE PRODUCED PASSION OR OBFUSCATION The act is committed in a spirit of revenge.

I. Basis Of Paragraph 6 IV. FIRST ELEMENT: The Act Of The Offended Party Must Be Both
Passion or obfuscation is a mitigating circumstance because the Unlawful And Sufficient To Produce Such A Condition Of Mind.
offender who acts with passion or obfuscation suffers a Unlawful or unjust act of the offended party
diminution of his intelligence and intent. o People v. Ancheta, et al. mitigating circumstance
considered in favor of the owner who, upon seeing the
II. Elements For Passion Or Obfuscation: person who stole his carabao, shoots the supposed
Paragraph requires that: thief.
o The accused acted upon an impulse. o People v. Samonte Deceased created trouble during
o The impulse must be so powerful that it naturally the wake of the departed father of the defendant.
produced passion or obfuscation in him. Considering the trouble created by the accused was
Requisites of the mitigating circumstance of passion or both unlawful and sufficient to infuriate accused, his
obfuscation: guilt is mitigated by passion or obfuscation.
o That there be an act both unlawful and sufficient to Exercise of a right or fulfillment of a duty is not proper source
produce such a condition of mind. of passion or obfuscation.
o That said act which produced the obfuscation was not o People v. Noynay, et al. Where the accused killed
far removed from the commission of the crime by a the deceased when the latter was going to take his
considerable length of time during which the carabao to the barrio lieutenant after the accused
perpetrator might recover his normal equanimity. refused to pay for the sugar cane destroyed by his
carabao. The deceased was within the rights of the
III. Reason Why Passion Or Obfuscation Is Mitigating deceased, and thus there is not mitigating
When there are causes naturally producing in a person circumstance.
powerful excitement, he loses his reason and self-control, o US v. Taylor Accused was making a disturbance on a
thereby diminishing the exercise of his will power. public street when a policeman came to arrest him. The
anger and indignation of the accused resulting from the
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arrest cannot be considered passion and obfuscation o At least half an hour intervened between the previous
because the policeman was performing a lawful act. fight and the subsequent killing of the deceased by the
Act must be sufficient to produce such a condition of mind accused.
o If the cause of the loss of self-control was trivial and Period that has lapsed is long enough for pause and reflection.
slight, obfuscation is not mitigating.
Passion or obfuscation must arise from lawful sentiments and VI. May Passion Or Obfuscation Lawfully Arise From Causes Existing
not from a spirit of lawlessness or revenge or from anger and Only In The Honest Belief Of The Offender? YES
resentment. US v. Ferrer belief of the defendant that the deceased had
o US v. De la Cruz Accused was entitled to mitigating caused his dismissal from his employment is sufficient to
circumstance of passion or obfuscation because the confuse his reason and impel him to commit the crime.
impulse was caused by the sudden revelation that she US v. Macalintal belief entertained in good faith by the
was untrue to him, and his discovery of her in flagrante defendants that the deceased cast upon their mother a spell of
in the arms of a common acquaintance. withcraft which was the cause of serious illness is sufficient.
in contrast
o US v. Hicks No mitigating circumstance when the VII. Other Notes
cause of passion or obfuscation of the accused was his Provocation and obfuscation when arising from one and the
vexation, disappointment and anger engendered by the same cause should be treated as only one mitigating
refusal of the woman to continue living in illicit circumstance (p.309).
relations with him which she had the perfect right to Vindication of grave offense cannot co-exist with passion and
do. obfuscation.
o Obfuscation arising from jealousy may be invoked if the o Exception: when there are other facts, although closely
relationship is legitimate. But if it is illegitimate, it is not connected i.e. where there are other facts, although
mitigating (People. V. Olgado). closely connected with the fact upon which one
circumstance is premised, the other circumstance may
V. SECOND ELEMENT: That Said Act Which Produced The Obfuscation be appreciated as based on the other fact (People v.
Was Not Far Removed From The Commission Of The Crime By A Diokno)
Considerable Length Of Time During Which The Perpetrator Might o Example: Two facts which are closely connected
Recover His Normal Equanimity. Elopement, which is a grave offense of a family
No passion or obfuscation when: of old customs vindication as mitigating.
o 24 has elapsed between the alleged insult and the Refusal to deal with him, a stimulus strong
commission of the felony. enough to produce in his mind a fit of passion
o Several hours passed between the cause of passion or passion as a mitigating circumstance.
obfuscation and the commission of the crime. Vindication and obfuscation cannot be considered when the
person attacked is not the one who gave cause therefore.
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Passion or obfuscation compatible with lack of intention to o Same must be spontaneous in such a manner that it
commit so grave a wrong. shows the interest of the accused to surrender
Passion or obfuscation incompatible with treachery. unconditionally to the authorities either because he
o While in passion or obfuscation, the offender loses his acknowledges his guilt or that he wants to save the
reason and self-control, in the aggravating authorities the trouble and expenses of locating and
circumstance of treachery the mode of attack must be capturing him.
consciously adopted. o Accused must actually surrender in his own person to
Passion and obfuscation cannot co-exist with evident pre- the authorities, admitting complicity to the crime
meditation. o Must indicate a desire on his part to own the
responsibilities for the crime
PAR. 7: THAT THE OFFENDER HAD VOLUNTARILY SURRENDERED
HIMSELF TO A PERSON IN AUTHORITY OR HIS AGENTS, OR THAT HE IV. FIRST ELEMENT: Offender Had Not Been Actually Arrested And
HAD VOLUNTARILY CONFESSED HIS GUILT BEFORE THE COURT PRIOR Surrendered Himself.
TO THE PRESENTATION OF THE EVIDENCE FOR THE PROSECUTION Cases of voluntary surrender
o People v. Tenorio Upon seeing a policeman, the
I. Basis Of Paragraph 7 accused surrendered and admitted he did the crime.
Lesser perversity of the offender. There was intent and desire on his part to surrender.
o People v. Dayrit Accused hid in the hotel not
II. Two Mitigating Circumstances In Paragraph: because of the police but because of the relatives of
1. Voluntary surrender to a person in authority or his agents. the deceased. Upon seeing policemen, he readily
2. Voluntary confession of guilt before the court prior to the admitted ownership of the weapon and went with the
presentation of the evidence for the prosecution. policemen.
Under Article 13, when both are present, they should have the o People v. Benito Instead of escaping, the accused
effect of mitigating as two independent circumstances. called the police, voluntarily approached them when
When they mitigate the penalty, when both are present, they they came though not revealing his identity, and said
should produce this effect to a greater extent. that he will help the police find the suspect. Later on,
he admitted that he was voluntarily surrendering
III. Elements For Voluntary Surrender himself.
Requisites for paragraph 7: o People v. Magpalay Accused made several attempts
o Offender had not been actually arrested to surrender but somehow it got delayed because of
o Offender surrendered himself to a person in authority various reasons and so he only got to surrender after a
of to the latters agent week. No defiance of law was present.
o Surrender is voluntary
Requisites of voluntariness:
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o People v. Torres The accused had no opportunity to o People v. Trigo Accused only went to the police
surrender since the police already came but they station to report wife was stabbed and to protect
already yielded their weapons at that time. himself out of fear.
o People v. Radomes There was no resistance on the o People v. Rogales Only went to the headquarters
part of the accused and even voluntarily gave his merely to report the incident which does not evince
weapon and gave himself up to the authorities before any desire to own the responsibility for the killing of
his arrest. the deceased
o People v. Jereza Accused brought his weapon to the o People v. Canoy It does not appear that it was the
police but it is unsure if he is also surrendering his idea of the accused to send for the police for the
person. He is given the benefit of the doubt of purpose of giving himself up.
voluntary surrender. o People v. Canoy Authorities were not looking for
o People v. Braa Nothing on records to show that a him, and would not have looked for him if he had not
warrant of arrest was issued and accused surrendered been present at the investigation by the Chief of Police.
himself. o People v. Rubinal Upon being caught, accused
Cases not constituting voluntary surrender pretended to say that he was on his way to surrender
o El Pueblo contra Conwi Warrant of arrest showed himself to the authorities.
that accused was in fact arrested. Voluntarily surrendered himself prior to being arrested
o People v. Roldan Accused surrendered only after the People v. Jose de Ramos
warrant of arrest was served upon him. o Facts: After the incident, accused reported it to the
o People v.Velez Even if the police used the word councilor, even stayed in the councilors home for an
surrender, if the accused surrendered because of his hour and submitting the bolo used but not his person
warrant of arrest. to the authorities.
o People v. Mationg Accused went into hiding and o Held: The law requires that the offender must have
only surrendered when they realized that the police are voluntarily surrendered himself to a person in
closing in on them. authority or his agents.
o People v. Salvilla Accused could no longer refuse to Surrender of weapons cannot be equated with voluntary
surrender given the circumstances that they are in and surrender.
there was no chance of escaping. Their surrender is Surrender not mitigating when the defendant is arrested.
motivated by their intent of insuring their safety. o People v. Conwi No voluntary surrender when the
o People v. Dela Cruz Search for the accused lasted for warrant of arrest showed that the defendant was in
4 years, which belies the spontaneity of the surrender. fact arrested.
o People v. Garcia No other evidence was presented o Possible exemption:
to establish indubitably that he deliberately People v. Parana When the accused after
surrendered to the police. committing the offense and having the chance
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to escape, voluntarily waited for the authorities Must be spontaneous, showing the intent of the accused to
and surrendered himself. submit himself unconditionally to the authorities, either:
People v. Babiera When the accused helped 1. Because of acknowledgement of guilt or
in carrying his victim to the hospital where he 2. Because he wished to save the trouble and expenses
was disarmed and arrested. It is tantamount to necessarily incurred in his search and capture.
voluntary surrender. None of these 2 reasons and motivated by other intentions: not
When the warrant of arrest had not been served or not voluntary!
returned unserved because the accused cannot be located the The Surrender Must Be Spontaneous
surrender is mitigating. Spontaneous idea of an inner impulse, acting without
o The law does not require that the surrender be prior to external stimulus.
the order of arrest the mere filing of an information Conduct of the accused after the commission of the offense
and/or the issuances of a warrant of arrest will not determines the spontaneity of the surrender.
automatically make the surrender involuntary. Intentions to surrender without actually surrendering, is not
mitigating.
V. SECOND ELEMENT: Offender Surrendered Himself To A Person In o The law requires that the accused must surrender
Authority Of To The Latters Agent. himself.
The surrender must be made to a person in authority or his There is spontaneity even if the surrender is induced by fear of
agent. retaliation by the victims relatives
o Person in Authority one directly vested with o Does not gainsay the spontaneity of the surrender, nor
jurisdiction, that is a public officer who has the power alter the fact that by giving himself up, this accused
to govern and execute the laws whether as an saved the State the time and trouble of searching for
individual or as a member of some court or him until arrested. (People v. Clemente)
governmental corporation, board or commission. When the offender imposed a condition or acted with external
(Article 152 Revised Penal Code as amended by PD no. stimulus, his surrender is not voluntary.
299) A surrender is not voluntary when forced by circumstances.
o Agent of a Person in Authority person, who, by o Examples: belief that escape is impossible, impossibility
direct provision of the law, or by election or by of living in hostility.
appointment, by competent authority, is charged with
the maintenance of public order, and the protection B. Voluntary Surrender Does Not Simply Mean Non-Flight
and security of life and property and any person who What the law considers as mitigating is the voluntary
comes to the aid of persons in authority. surrender of an accused before his arrest, showing either
acknowledgement of his guilt or an intention to save the
VI. THIRD ELEMENT: Surrender Is Voluntary authorities from the trouble and expense that his search and
A. When Is Surrender Voluntary? capture.
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o Even if accused did not go into hiding and even Plea of guilty must be made at the first
accompanied the police to the scene of the crime, such opportunity.
act is not voluntary surrender if he did not submit Municipal Court to Court of First Instance does
himself or admit complicity to the crime. not restore the case to its original state: The
Time and place of surrender. law requires a trial de novo, because a trial de
o Revised Penal Code does not make any distinction novo necessarily implies the existence of a
among the various moments when the surrender may previous trial where evidence was presented by
occur. the prosecution.
o The law does not require the surrender to be prior to Philosophy behind the rule:
the order of the arrest. o Spontaneous willingness of the accused to admit the
The surrender must be by reason of the commission of the commission of the offense charged must be present.
crime for which defendant is prosecuted Reason why plea of guilty is mitigating:
o Thus, if the defendant surrendered as a Huk to take o Act of repentance and respect of the law
advantage of the amnesty, but the crime for which he o Indicates a moral disposition favorable to the accuseds
was prosecuted was distinct and separate from reform
rebellion, his surrender is not mitigating (People v The confession of guilt must be made in open court.
Semaada). The extrajudicial confession is not the voluntary confession the
Surrender through an intermediary Court contemplates. Such confession was made outside of
o Surrender of an accused through his father who acted courts.
as mediator was appreciated to be mitigating (People v. The confession of guilt must be made prior to the presentation
De la Cruz). of the evidence for the prosecution
o Third requisite is lacking when plea of guilty is made
VII. Confession Of Guilt Before A Court Prior To The Presentation Of after the fiscal had presented evidence.
Evidence By The Prosecution o Benefit of plea of guilty undeserving by accused who
A. Plea Of Guilty submits to the law only after the presentation of some
Three requisites evidence for the prosecution.
a. Offender spontaneously confessed his guilt. o It is not necessary that all the evidence of the
b. Confession made in open court that is, before the prosecution have been presented.
competent court. Plea of guilty should be made prior to presentation of evidence
c. Confession of guilt made prior to the presentation of Plea of not guilty at the preliminary investigation is no plea at
evidence for the prosecution. all.
When it must be made: o Plea made in the court of competent jurisdiction is the
o The plea must be made before trial begins. one recognized.
o Plea of guilty on appeal, not mitigating when:
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Withdrawal of plea of not guilty and pleading guilty before o When the accused is charged with a grave offense, the
presentation of evidence by prosecution is still mitigating. court should take his testimony in spite of his plea of
o All that the law requires is voluntary plea of guilty prior guilty
to the presentation of the evidence by the prosecution. Because there is no law prohibiting the taking
o The change of plea should be made at the first of testimony after a plea of guilty, where a
opportunity. grave offence is charged, the Court has deemed
o A conditional plea of guilty is not a mitigating such taking of testimony the prudent and
circumstance. proper course to follow for the purpose of
Plea of guilty to amended information establishing the guilt and the precise degree of
o An entirely new information arises and no evidence culpability of the defendant.
was presented in connection with the charges made Death penalty changed to life imprisonment because of plea of
therein before the accused entered his plea of guilty. guilty, even if done during the presentation of evidence
The accused is entitled to the mitigating circumstance o Such an admission of guilt indicates his submission to
of plea of guilty. the law and a moral disposition on his part to reform,
Plea of guilty to lesser offense than that charged, not mitigating hence the change in penalty.
o To be voluntary, the plea of guilty must be to the Mandatory presentation of evidence in plea of guilty to capital
offense charged. offense
o If voluntary confession is conditional or qualified, it is o Revised Rules of Criminal Procedure (Rule 116, Sec. 3)
not mitigating. Where the accused pleads guilty to a capital
Plea of guilty to the offense charged in the amended offense, that courts shall conduct a searching
information, which is lesser than that charged in the original inquiry into the voluntariness and full
information, is mitigating. comprehension of the consequences of his plea
o People v. Intal and shall require the prosecution to prove his
Facts: The accused was charged with double guilt and the precise degree of culpability.
murder and he pleaded not guilty to it. He then Searching Inquiry
moved the Court to withdraw his former plea Guidelines:
of not guilty to guilty to the lesser crime of o Ascertain from the accused himself (a) how he was
double homicide. Prosecution also changed its brought into the custody of the law; (b) whether he had
charge to double homicide. the assistance of a competent counsel during the
Held: plea of guilty to the lesser offense custodial and preliminary investigations and (c) under
charged in the amended information is what conditions he was detained and interrogated
mitigating during the investigations
o Ask defense counsel a series of questions as to whether
he had conferred with and completely explained to the
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accused the meaning and consequences of a plea of Considers the fact that one suffering from physical defect does
guilty not have complete freedom of action, and therefore there is a
o Elicit information about the personality profile of the diminution of that element of voluntariness.
accused
o Inform the accused of the exact length of II. Physical defect must restrict means of actions, defense, or
imprisonment or nature of penalty under the law and communication with fellow beings
the certainty that he will serve such sentence. Physical defect in this paragraph: armless, cripple, or a
o Inquire if the accused knows the crime with which he is stutterer, whereby his means to act, defend himself or
charged and to fully explain to him the elements of the communicate with his fellow beings are limited.
crime which is the basis of his indictment Paragraph does not distinguish between educated and
o Use language that is known and understood by the uneducated deaf-mute or blind persons. The Code considers
accused them as being on equal footing.
o Trial judge must satisfy himself that the accused in
pleading guilty, is truly guilty. PAR. 9: SUCH ILLNESS OF THE OFFENDER AS WOULD DIMINISH HIS
Plea of guilty is not mitigating in culpable felonies and in crimes EXERCISING OF THE WILL-POWER OF THE OFFENDER WITHOUT
punished by special laws HOWEVER DEPRIVING HIM OF CONSCIOUSNESS OF HIS ACTS.
o Article 365, paragraph 5 of Revised Penal Code: in the
imposition of these penalties, the courts shall exercise I. Basis Of Paragraph 9
their sound discretion, without regard to the rules The circumstance in paragraph 9 of Article 13 is mitigating
prescribed in Article 64. because there is a diminution of intelligence and intent.
o When there is a mitigating circumstance without any
aggravating circumstance, the penalty to be imposed is II. Elements Of Illness That Diminishes Will-Power:
the minimum period of the divisible penalty. 1. That the illness of the offender must diminish the exercise of
o When the crime is punished by a special law, the court his will-power.
shall also exercise its sound discretion 2. That such illness should not deprive the offender of
o Article 64 is applicable only when the penalty has 3 consciousness of his acts.
periods.
III. Complete Loss Of Will-Power May Be An Exempting Circumstance.
PAR. 8: THAT THE OFFENDER IS DEAF AND DUMB, BLIND OR A person with dementia praecox or manic depressive psychosis
OTHERWISE SUFFERING SOME PHYSICAL DEFECT WHICH THUS has no control over his acts during periods of excitement.
RESTRICTS HIS MEANS OF ACTION, DEFENSE OR COMMUNICATION This may be an exempting circumstance if the accused is
WITH HIS FELLOW BEINGS. demented at the time he perpetrated the crime.

I. Basis Of Paragraph 8: IV. Illness Of The Mind Is Included
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The foregoing legal provision refers only to diseases of PAR. 10: AND FINALLY, ANY OTHER CIRCUMSTANCE OF A SIMILAR
pathological state that trouble the conscience or will. NATURE AND ANALOGOUS TO THOSE ABOVE-MENTIONED.
People v. Francisco
o It was held that paragraph 9 applies to defendant who I. Circumstances which are similar in nature and analogous to those
committed the crime while suffering from illness of the mentioned in paragraphs 1-9 of Article 13:
body, the mind, the nerves or the moral faculty. This paragraph authorizes the court to consider in favor of the
Illness of the mind may give place to mitigation of punishment. accused any other circumstance of a similar nature and
analogous to those mentioned in par. 1 9.
V. Examples Where Illness Of The Offender Considered Mitigating
People v. Balneg Similar/Analogous Article Content Par.
o The mistaken belief of the accused that the killing of a Extreme poverty Similar to incomplete Par. 1
witch was for the public good may be considered a justification based on state
mitigating circumstance for the reason that those who Ex: People v. Macbul The of necessity
have obsession (that witches are to be killed) does not accused, on account of
have real control over his will. extreme poverty pilfered 2
People v. Amit sacks of paper valued at 10
o Although being mentally sane, the appellant is suffering pesos and sold it for 2.50.
from a mild behavior disorder, which the court Such was considered a
regarded as a mitigating circumstance. mitigating circumstance
People v. Carpenter Extreme poverty may mitigate a crime against property, such
o One suffering from acute neurosis, which diminished as theft, but not a crime of violence such as murder.
exercise of will power, is entitled to this mitigating Over 60 years old with failing Similar to 70 years old of age Par. 2
circumstance. sight
People v. Formigones Outraged feeling of owner of Analogous to vindication of a Par. 5
o One who is feebleminded warrants the finding in his animal taken for ransom grave offense
favor of the mitigating circumstance.
People v. Antonio Ex: B took a carabao of the A
o One suffering from schizo-affective disorder or and held it for ransom, and
psychosis, which diminishes the exercise of his will- thereafter B failed to fulfill his
power but does not deprive him of the consciousness promise to give the carabao
of his acts, may be credited with this mitigating back. When A kills B, A is
circumstance. entitled to mitigating
circumstance analogous to
vindication of grave offense.
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Outraged feeling of creditor Similar to passion and Par. 6 Killing the wrong man is not mitigating
obfuscation
Impulse of jealous feeling Similar to passion and II. Not Analogous Mitigating Circumstance
obfuscation In parricide, the fact that the victim was unworthy, bad or
Esprit de corps Similar to passion and quarrelsome is not analogous to any of those mentioned in Art
obfuscation 13 a mitigating circumstance.
Ex: People v. Villamora People v. Dy
many of the soldiers who took o The accused who was charged with falsification,
part in the killing of the pleaded guilty and invoked as mitigating circumstance
deceased responded to the the lack of irreparable material damage. The court
call and appeal of their ruled that this is not recognized as a mitigating
lieutenant who urged them to circumstance
avenge the outrage Not resisting arrest is not analogous to voluntary surrender.
committed by the deceased. The condition of running amuck is not mitigating
Voluntary restitution of stolen Similar to voluntary Par. 7 o People v. Salazar- The defense contended that running
property surrender amuck is a cult among the Moros that is age-old and
deeply rooted. Court ruled that the mitigating
Ex: People v. Navasca The circumstances must be applied to all regardless of
act of testifying for the religion.
prosecution, by one of the
accused, should be considered III. Mitigating Circumstances Which Are Personal To The Offenders
in his favor as a mitigating The following circumstances shall only serve to mitigate the
circumstance analogous to a liability of the principals, accomplices, and accessories as to
plea of guilty. whom such circumstances are attendant:
Testifying for the prosecution Analogous to guilty plea 1. Mitigating circumstances which arise from the moral
Manifestations of Battered Analogous to an illness that Par. 9 attributes of the offender.
Wife Syndrome (BWS) diminished the exercise of 2. Mitigating circumstances which arise from the private
will power relations of the offender with the offended party.
3. Mitigating circumstances which arise from any personal
Restitution in malversation case is only a mitigating circumstance cause.
Payment or reimbursement is not a defense for exoneration in
malversation; it may only be considered as a mitigating IV. Circumstances Which Are Neither Exempting Or Mitigating:
circumstance because damage is not an element of 1. Mistake in the blow.
malversation. 2. Mistake in the identity of the victim.
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3. Entrapment of the accused.
4. The accused is over 18 years of age.
5. Performance of righteous action (i.e. although the accused
saved the lives of a thousand, if he kills a single human being,
he is criminally liable People v. Victoria).

89

CHAPTER 4: CIRCUMSTANCE WHICH AGGRAVATE 10. That the offender has been previously punished for an offense
CRIMINAL LIABILITY to which the law attaches an equal or greater penalty or for
two or more crimes to which it attaches a lighter penalty.
Article 14. Aggravating circumstances. 11. That the crime be committed in consideration of a price,
The following are aggravating circumstances: reward, or promise.
1. That advantage be taken by the offender of his public 12. That the crime be committed by means of inundation, fire,
position. poison, explosion, stranding of a vessel or intentional damage
2. That the crime be committed in contempt of or with insult to thereto, derailment of a locomotive, or by use of any other
the public authorities. artifice involving great waste and ruin.
3. That the act be committed with insult or in disregard of the 13. That the act be committed with evident premeditation.
respect due to the offended party on account of his rank, age, 14. That craft, fraud, or disguise is employed.
or sex, or that it be committed in the dwelling of the offended 15. That the advantage be taken of superior strength, or means
party, if the latter has not given provocation. be employed to weaken the defense.
4. That the act be committed with abuse of confidence or 16. That the act be committed with treachery (alevosia).
obvious ungratefulness. There is treachery when the offender commits any of the
5. That the crime be committed in the palace of the Chief crimes against the person, employing means, methods, or
Executive, or in his presence, or where public authorities are forms in the execution thereof which tend directly and
engaged in the discharge of their duties or in a place specially to insure its execution, without risk to himself arising
dedicated to religious worship. from the defense which the offended party might make.
6. That the crime be committed in the nighttime or in an 17. That means be employed or circumstances brought about
uninhabited place, or by a band, whenever such which add ignominy to the natural effects of the act.
circumstances may facilitate the commission of the offense. 18. That the crime be committed after an unlawful entry.
Whenever more than three armed malefactors shall have There is unlawful entry when an entrance is effected by a way
acted together in the commission of an offense, it shall be not intended for the purpose.
deemed to have been committed by a band. 19. That as a means to the commission of a crime a wall, roof,
7. That the crime be committed on the occasion of a floor, door, or window be broken.
conflagration, shipwreck, earthquake, epidemic, or other 20. That the crime be committed with the aid of persons under
calamity or misfortune. fifteen years of age, or be means of motor vehicle, airships, or
8. That the crime be committed with the aid of armed men or other similar means.
persons who insure or afford impunity. 21. That the wrong done in the commission of the crime be
9. That the accused is a recidivist. deliberately augmented by causing other wrong not necessary
A recidivist is one who, at the time of his trial for one crime, for its commission.
shall have been previously convicted by final judgment of
another crime embraced in the same title of his Code.
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POINTS the nature of charged but Article 62
the crime is guides the court abuse of
I. To Be Appreciated, Qualifying And Aggravating Circumstances Must changed (along in imposing the public position
Be Alleged In The Information. with the proper penalty inherent in
Every complaint or Information must state not only the corresponding crime of
qualifying but also the aggravating circumstances (2000 penalty) falsification of
Revised Rules of Criminal Procedure) document by
o Rule can be given retroactive effect in the light of the public
well-established rule that statutes regulating the authority.
procedure of the courts will be construed as applicable
to actions pending and undetermined at the time of
their passage. Generally, the ones in Article 14 are generic, but some are
If Not Alleged, They May Still Be Considered In The Award Of qualifying and even special.
Damages. o Where of the aggravating circumstances has been used
as a qualifying circumstance, the others will be deemed
II. Exclusive List as generic.
Unlike mitigating circumstances, the list in Article 14 is
exclusive. No analogous circumstances. IV. Republic Act No. 7692
Republic Act No. 7659 added a new aggravating circumstance
III. Kinds Of Aggravating Circumstances of organized/syndicated group in Article 62 (1a).
o Its a special aggravating circumstance because Art 14
Generic Qualifying Special or Inherent (which are generally generic) was not correspondingly
Specific Circumstance amended.
Aggravating o An organized/syndicated crime group means a
Applies Applies to Element of the group of 2 or more persons collaborating,
generally to all particular felony confederating or mutually helping one another for
crimes felonies committed, purposes of gain in the commission of any crime (not
Can be offset by Cannot be Cannot be thus no longer exclusive to robbery as long as there is profit, so
an ordinary offset offset considered estafa, kidnapping for ransom, etc).
mitigating against the
circumstance offender in the PAR 1: THAT ADVANTAGE BE TAKEN BY THE OFFENDER OF HIS PUBLIC
Increases the The penalty Do not change determination POSITION.
penalty to the does not per se the character of of the penalty.
max period increase, but the offense Example: I. Basis Of Paragraph 1:
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Based on the greater perversity of the offender, as shown by Owners of said animals paid him thinking they are
the personal circumstance of the offender and also by means required to do so. Accused in turn spent the fines given
used to secure the commission of the crime. to him.
o Held: The fact that the accused was councilor at that
II. Applicable Only When The Offender Is A Public Officer time placed him in a position to commit these crimes.
Public position points to a public officer. Paragraph 1 is Because he was a councilor, people believed that he
applicable only to a public officer who takes advantage of such had a right to impose and ask for fines and this is the
public position. reason why they gave payment. The accused took
advantage of his position to deceive and defraud others
III. Meaning Of Advantage Be Taken By The Offender Of His Public out of the money given to him. (Note: crime committed
Position. here is estafa with deceit.)
Public officer must use the influence, prestige, or ascendancy
which his office gives him as a means to attain his desired B. Examples Where This Aggravating Circumstance Is Not Present
purpose (US v. Rodriguez). This aggravating circumstance is not present when a
o There must be an intimate connection between the Congressman offered resistance to a peace officer People v.
offense and office of the accused. Veloso
TEST: Did the accused abuse his office in order to commit the o Reason: Congressman did not take advantage of the
crime? question to ask to know the essence of the matter. influence or reputation of his office.
When the public officer did not take advantage of the
A. Examples Where This Aggravating Circumstance Is Present influence of his position, this aggravating circumstance is not
He could not have maltreated the victim if he was not a present US v. Dacuycuy
policeman on guard duty. Because of his position, he had o Facts: 39 people requested the accused who was a
access to the cell where the victim, who was under his custody, councilor, to purchase cedulas for them at P39. He only
was confined (People v. Ural). bought 16, and spent the rest of the money.
A police officer in the course of investigation of a charge o Ruling: When a public officer commits a common crime
against him for grave threats shot the complainant in a independent of his official functions and does acts that
treacherous manner (People v. Reyes). are not connected with the duties of his office, he
Used their authority as members of the police and constabulary should be punished as a private individual without this
to disarm the victim before shooting him (People v. Asuncion). aggravating circumstance. (Note: in the case, Dacuycuy
This aggravating circumstance is present when a councilor did not use the influence, prestige, or ascendancy of his
collects fines and misappropriates them US v. Torrida: position when he committed estafa in the abuse of
o Facts: The accused is a councilor of Aparri. After confidence. He received the money in his private
entering upon his duties, he ordered that deaths of capacity.)
large animals must be reported to him as a councilman. Peace officers taking advantage of their public positions.
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o Fortuna v. People Being police officers placed them o When a policeman keeps quiet while his other police
in a position to perpetrate the offense. It was on officers were robbing a polio guy and his sister, the
account of their authority that induces people to quiet policeman is guilty of abuse of public position. He
comply with what theyre asking for. They could not could have prevented the others from robbing the
have terrified the Montecillos into boarding the mobile victim, but he didnt. His silence made him liable
patrol car and forced them to hand over their money. (Fortuna v. People).
o People v. Madrid Special agent of the military police
who committed robbery with homicide with the gun V. Not Aggravating When
which he had been authorized to carry as a peace A. It Is An Integral Element Of, Or Inherent In, The Offense.
officer. Where taking advantage is an integral element of the crime:
o Wearing a uniform is immaterial in certain cases. o Article 217: Malversation
o People v. Tongco Even if the accused was in civilian o Article. 171: falsification of document committed by
clothes, the victim was aware of his position, and thus public officers
accused used this to impose illegally his authority. o Article. 19, par. 3: Taking advantage of public position
o People v. Pantoja Wearing a uniform is not sufficient is inherent in the case of accessories and in crimes
to establish that he misused his public position in the committeed by public officers.
commission of the crime. o Articles. 203-245: Crimes committed by public officers.

C. There Must Be Proof That The Accused Took Advantage Of His B. If The Accused Could Have Perpetrated The Crime Even Without
Public Position. Occupying His Position, There Is No Abuse Of Public Position.
What needs to be proven? Taking advantage of public position Not aggravating if accused could have perpetrated the crime
or using the influence, prestige, or ascendancy of said public without occupying police position. People v. Herrera mere
position. fact that the accused-appellant is a policeman and used his
In the absence of proof of advantage, the aggravating government issued .38 caliber revolver to kill is not sufficient to
circumstance of abuse of public position could not be properly establish that he misused his public position in the commission
appreciated. of the crime.
The offenders being a public officer does not ipso facto make it
IV. Failure In Official Duties Is Tantamount To Abusing Of Office. aggravating. If the public officer could have committed the
If it is proven that one has failed in his duties as a public officer, crime without the use of public position, it is not aggravating.
this circumstance would warrant the aggravation of his penalty. Thus, using ones service firearm in shooting someone does not
Examples: fall under this aggravating circumstance (People v. Villamor).
o The fact that the defendant was the vice president of a
town at the time he voluntarily joined a band of PAR. 2: THAT THE CRIME BE COMMITTED IN CONTEMPT OF OR WITH
brigands made his liability greater (US v. Cagayan). INSULT TO THE PUBLIC AUTHORITIES.
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o If in the presence of a policeman, not aggravating
I. Basis Of Paragraph 2: because the policeman is only an agent of a person in
On the greater perversity of the offender, as shown by his lack authority (People v. Magbueno).
of respect for the public authorities. o Professors are persons in authority for purposes of
Article 148 (direct assault) and Article 151 (resistance
II. Elements: and disobedience). Hence, a crime committed in their
1. Public authority is engaged in the exercise of his functions presence does not call for the application of this
2. He who is engaged in the exercise of said functions is not the aggravating circumstance.
person against whom the crime is committed. Exception: Under the Dangerous Drugs Act, a
3. Offender knows him to be a public authority. teacher or professor is a person in authority for
4. His presence has not prevented the offender from committing the purpose of the enforcement of the said
the criminal act. law. Thus, if you smoke weed in the presence
of a professor, the professor is a person in a
III. Meaning Of Public Authority authority.
Public authority (sometimes also called a person in authority)
o Public officer who is directly vested with jurisdiction, IV. FIRST and SECOND ELEMENT: The Crime Should Not Be Committed
that is, a public officer who has the power to govern Against The Public Authority.
and execute the laws. If the crime is committed against a public authority while he is
o Examples: councilor, mayor, governor. Barangay in the performance of his official duty, the offender commits
captain, and barangay chairman (Article 152, as direct assault (Article 148) without this aggravating
amended by PD No. 1232). circumstance, because it is not a crime committed in
Agents of persons in authority are not covered. contempt of or with insult to him, but a crime directly
o Agent of a person in authority any person who, by committed against him.
direct provision of law or by election or by appointment People v. Santok did not follow this where it was held that
by competent authority, is charged with the homicide was committed with this aggravating circumstance
maintenance of public order and the protection and since the deceased was shot while in the performance of his
security of life and property, such as barrio councilman, official duty as barrio lieutenant.
barrio policeman and barangay leader, and any person o The accused should have been prosecuted for and
who comes to the aid of persons in authority. (Article convicted of a complex crime of homicide with direct
152, as amended by B.P. Blg. 873) assault WITHOUT this aggravating circumstance.
o Thus, if the crime committed in the presence of an
agent of a person in authority, the provision doesnt V. THIRD ELEMENT: Knowledge That A Public Authority Is Present Is
apply (People v. Siojo, but Boado says the opposite). Essential.
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Lack of knowledge on the part of the offender that a public In the case of the robbery of a thing belonging to the President,
authority is present indicates lack of intention to insult the the aggravating circumstance of disregard of respect due the
public authority. offended party cannot be taken into account, because the mere
Thus if A killed B in the presence of the mayor, but A was not fact that the thing belongs to the President does not make it
aware of his presence, this circumstance cant be considered. more valuable than the things belonging to a private person.
Disregard of the respect due the offended party on account of
VI. FOURTH ELEMENT: Presence Of Public Authority Has Not his rank, age or sex may be taken into account only in crimes
Prevented Offender From Committing The Crime. against persons or honor, when in the commission of the crime,
An offense may have been said to be committed in contempt there is some insult or disrespect to rank, age or sex.
when the offender proceeds with the criminal act even with the Robbery with homicide is primarily a crime against property
full knowledge of a public authoritys presence. and not against person. It is a mere incident of the robbery, the
Remember: Not applicable when crime is committed in the latter being the main purpose and object of the criminal
presence of an agent only. (People v. Pagal).

PAR. 3: THAT THE ACT BE COMMITTED WITH INSULT OR IN IV. Meaning Of With Insult Or In Disregard.
DISREGARD OF THE RESPECT DUE TO THE OFFENDED PARTY ON It is necessary to prove the specific fact or circumstance in
ACCOUNT OF HIS RANK, AGE, OR SEX, OR THAT IT BE COMMITTED IN order that it may be considered as aggravating circumstance
THE DWELLING OF THE OFFENDED PARTY, IF THE LATTER HAS NOT (People v. Valencia).
GIVEN PROVOCATION. There must be evidence that in the commission of the crime,
the accused deliberately intended to offend or insult the sex or
I. When All The Four Aggravating Circumstances (Age, Sex, Rank, age of the offended party (People v. Mangsant).
Dwelling) Are Present, Must They Be Considered As One? The circumstance of old age cannot be considered aggravating.
Can be considered single or together.
If all the 4 circumstances are present, they have the weight of V. With Insult Or In Disregard Of The Respect Due The Offended Party
one aggravating circumstance only. On Account Of The
BUT see People v. Santos in Article 14(6). A. Rank Of The Offended Party
Meaning of rank refers to a high social position or standing
II. Basis of Paragraph 3: as a grade in the armed forces; or to a graded official standing
On the greater perversity of the offender, as shown by the or social position or station; or to the order or place in which
personal circumstances of the offended party and the place of said officers are placed in the army and navy in relation to
the commission of the crime. others; or to the designation or title of distinction conferred
upon an officer in order to fix his relative position in reference
III. Applicable Only To Crimes Against Persons Or Honor, Not Property to other officers in matters of privileges, precedence, and
sometimes of command or by which to determine his pay and
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emoluments as in the case of army staff officers; or to a grade intended to disregard or insult or threaten to insult the
or official standing, relative position in civil or social life, or in rank of the victim (People v. Samudio).
any scale of comparison, status, grade, including its grade, o Accused raped a 70-year old woman, his teacher in
status or scale of comparison within a position. grade 1. The victim was already retired when the dude
o Example: Teacher, judge, consul, general, etc. raped her. SC held that the fact that the offended party
There must be a difference in the social condition of the was already retired did not diminish the respect due
offender and the offended party. her rank as his former teacher in grade 1 (People v.
o Examples: Nerio).
Attempt upon the life of a general of the Army
is committed in disregard of his rank (People v. B. Age Of The Offended Party
Valeriano). The circumstance of lack of respect due to age applies in cases
Killing of a staff sergeant by his corporal; the where the victim is of tender age as well as of old age.
killing of the Assistant Chief of Personel Deliberate intent to offend or insult required.
Transaction of the Civil Service Commission by Disregard of old age not aggravating in robbery with homicide.
a clerk therein; the murder by a pupil of his Robbery with homicide is primarily a crime against property
teacher; the murder of a municipal mayor; the and not against persons. Homicide is a mere incident of the
murder of a city chief of police by the chief of robbery.
the secret service division; assault upon a 66-
year old CFI (now RTC) judge by a justice of C. Sex Of The Offended Party
peace (now municipal judge); the killing of a Refers to the female sex.
consul by a mere chancellor; the killing of an No disregard of respect due to sex
army general (People v. Rodil) o Example: A and B (f) were sweethearts. B broke up with
Proof of fact of disregard and deliberate intent to insult A so A killed her. Held: it was not proved or admitted
required. by the accused that when he committed the crime, he
o There being no proof of the specific fact or had the intention or disregarded the sex of the victim.
circumstance that the accused disregarded the respect Disregard of sex is not aggravating in the absence of evidence
due to the offended party, not does it appeal that the that the accused deliberately intended to offend or insult the
accused deliberately intended to insult the rank of the sex of the victim or showed manifest disrespect to her
victim (People v. Taloy). womanhood.
o Accused was conversing with the barangays captain o Killing a woman is not attended by the aggravating
and then suddenly killed him. AC? No. mere fact that circumstance if the offender did not manifest any
victim was a person with a rank, such as a barangays specific insult or disrespect towards the sex.
captain does not necessarily mean its aggravating,
absent evidence that the killing was deliberately VI. Not applicable in certain cases
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1. When the offender acted with passion and obfuscation. Ones dwelling is a sanctuary worthy of respect and that one
o People v. Ibaez He could not have been conscious who slanders another in the latters house is guiltier than he
that his act was done with respect to the offended who offends him elsewhere (People v. Balansi).
party.
2. When there exists a relationship between the offended party A. Basis Of This Circumstance
and the offender. Greater perversity of the offender, as shown by the place of the
o People v. Valencia: commission of the offense and also because of the sanctity of
Facts: After a decree of divorce, the wife got privacy the law accords to human abode.
the custody of their daughter. The accused
wanted to visit the kid but the wife didnt B. What Dwelling Includes
agree. Accused pointed a gun at the wife and When the deceased had two houses where he used to live, the
she was injured. commission of the crime in any of them is attended by the
Held: There still existed some relationship aggravating circumstance of dwelling
between the accused and his divorced wife. Includes dependencies, the foot of the staircase and enclosure
The accused had to deal with no other person under the house.
but with his former wife to visit his daughter. If victim was only about to step on the first rung of the ladder
3. When the condition of being a woman is indispensable in the when he was assaulted, the aggravating circumstance of
commission of the crime. dwelling will not be applicable (People v. Sespene).
o Sex is not aggravating in: parricide, rape, abduction, or Room in a boarding house (People v. Daniel)
seduction. Room of stay-in laundrywoman in house of amo (People v.
This is inherent in the crime of rape and Sapinoso)
therefore cannot be considered aggravating o Compare with People v. Punzalan, where this wasnt
(People v. Lopez). appreciated because accused and victim lived together.
House of a squatter since law does not distinguish validity of
VII. That The Crime Be Committed In The Dwelling Of The Offended title
Party Little rooms separated by curtains (e.g. dormitory).
Dwelling must be a building or structure, exclusively used for
rest and comfort, although not necessarily owned by the C. What Aggravates The Commission Of The Crime In Ones Dwelling:
offended party. 1. Abuse of confidence which the offended party reposed in the
o Combination of house and store or a market stall offender by opening the door to him;
where the victim slept is not dwelling (People v. 2. Trespassing therein with violence or against the will of the
Magnaye). owner.

VIII. Offended Party Must Not Give Provocation
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A condition sine qua non of this circumstance is that the did not take place in the house of the
offended party has not given provocation to the offender. deceased.
Owner of dwelling gave immediate provocation dwelling not
A. Meaning Of Provocation In The Aggravating Circumstance Of aggravating
Dwelling o Having given sufficient provocation, owner of the
The provocation must be: house lost his right to the respect and consideration
a. Given by the owner of the dwelling due to him in his own house.
b. Sufficient Prosecution must prove that no provocation was given by the
c. Immediate to the commission of the crime. offended party
If any of these conditions is not present, the offended party is o Provocation cannot be assumed, it must be shown by
deemed not to have given provocation, and the fact that the the evidence of the prosecution.
crime is committed in the dwelling of the offended party is an
aggravating circumstance. IX. Even If The Offender Did Not Enter The Dwelling, This
Circumstance Applies
B. There Must Be Close Relation Between Provocation And It is enough that the victim was attacked inside his own house,
Commission Of Crime In The Dwelling although the assailant may have devised means to perpetrate
Aggravating circumstance not applicable if provocation given by the assault from without.
the offended party true only when there exists a close Even if the killing took place outside the dwelling, it is
relation between the provocation and the commission of the aggravating provided that the commission of the crime began
crime in the dwelling of the person from whom the provocation in the dwelling
came. o The act performed cannot be divided or the unity
Because the provocation is not immediate, dwelling is resulting from its details be broken up.
aggravating. Dwelling is aggravating in abduction or illegal detention
o People v. Dequina o Example: victim was taken from his or her house and
Facts: Defendant learned that the deceased carried away to another place (dwelling is aggravating).
and defendants house were maintaining illicit o But not aggravating when deceased was called down
relations. One night, he went to the house of from his house and he was murdered in the vicinity of
the deceased and killed him there. During the the house.
trial, defendant claimed that deceased gave
provocation because of the illicit affair with his X. Whether Or Not Dwelling Is Aggravating
wife. A. Dwelling Not Aggravating In The Following Cases:
Held: Provocation (illicit relations) not Both offender and offended party are occupants of the same
immediate to the commission of the crime and house; true even if offender is a servant of the house.
hence, dwelling is still aggravating. Provocation
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o Exception: Adultery where the bad spouse did the deed House of aunt where victim was living dwelling may mean
in the conjugal dwelling (U.S. v. Ibanez). temporary dwelling
o HOWEVER, see case of People v Punzalan where the Sleeping as guests in the house of another person
house and the servants quarters were separate but
within the same compound. The houseboy went to the C. Dwelling Is Aggravating When The Husband Killed His Estranged
house of the amo and killed him there. SC said no AC Wife In The House Solely Occupied By Her In Case Of Adultery
because the servants quarters located in the same When adultery is committed in the dwelling of the husband,
compound, hence part of the dwelling of the offended even if it is also the dwelling of the unfaithful wife, it is
party. (Ingles: Sir doesnt agree with this. Basta aggravating because besides the latters breach of the fidelity
separate and distinct places, dapat separate dwellings). she owes her husband, she and her paramour violated the
Robbery using force upon things since dwelling is inherent respect due to the conjugal home and they both thereby
o Exception: Dwelling is aggravating in robbery with injured and committed a very grave offense against the head of
violence against or intimidation of persons because this the house.
class of robbery can be committed without the Dwelling not aggravating in adultery when paramour also lives
necessity of trespassing the sanctity of the offended there
partys house. o Defendants had a right to be in the house
o Robbery with homicide dwelling is aggravating o Aggravating circumstance present in such case is abuse
o 2 kinds of robbery: (1) with violence against or of confidence
intimidation of persons and (2) with force upon things
in inhabited house. XI. Treachery
Crime of trespass to dwelling. Aggravating circumstance of age, sex and rank are not
Owner of the dwelling gave sufficient and immediate absorbed in the crime of treachery.
provocation. o People v. Lapaz aggravating circumstances of
When the dwelling where the crime was committed did not disregard of sex and age are not absorbed in treachery
belong to the offended party. because treachery refers to the manner of the
Ground floor of a two-storey building where it was not used as commission of the crime, while disregard of sex and
a private place of abode or residence. age pertains to the relationship of the victim.
o BUT SEE People v. Malolot, where accused hacked to
B. Dwelling Was Found Aggravating In The Following Cases Although death an 11-month old child and the SC considered age
The Crimes Were Committed Not In The Dwelling Of The Victims absorbed by treachery. Sir doesnt agree with this case,
Boarding house where victim is a bedspacer. but its the later case, so it should prevail.
Paternal home where they were guests at the time and did not Age, sex, rank and dwelling can be appreciated separately from
reside there. treachery.
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o Accused killed a 3-year old child. SC considered o People v. Luchico
treachery and age of victim separately (People v. Lora). Facts: Master made advances to his female
o Dwelling and treachery treated separately, appreciated servant. She refused, fled, and the master
together in a case where the accused barged into the caught up with her and committed the crime of
house of the victim and started shooting (People v. rape. When the master raped the victim, she
Cachola). had already lost her confidence in him from the
moment he made an indecent proposal and
offended her with a kiss.
PAR. 4: THAT THE ACT BE COMMITTED WITH (1) ABUSE OF Held: The confidence must facilitate the
CONFIDENCE OR (2) OBVIOUS UNGRATEFULNESS commission of the crime, the culprit taking
advantage of offended partys belief that the
Note: There are 2 aggravating circumstances in this paragraph. former would not abuse said confidence. No
aggravating circumstance in this case.
I. Basis Of Paragraph 4: Special relation of confidence between accused and victim
Greater perversity of the offender, as shown by the means and o Betrayal of confidence is not aggravating
ways employed. People v. Crumb Parents left to the care of
the abused their daughter. One day, accused
II. FIRST AGGRAVATING CIRCUMSTANCE: Abuse Of Confidence led the daughter to an isolated place and
This circumstance exists only when offended party has given threatened her with a knife to have sexual
trust to offender who later abuses this trust by committing a intercourse with him. Though accused betrayed
crime. the confidence reposed to him by the parents
Abuse of confidence must be a means of facilitating the of the girl, it did not facilitate the commission
commission of the crime. Offender taking advantage of the of the crime and hence, its not aggravating.
offended partys belief that the former would not abuse said o Killing of a child by an amah is aggravated by abuse of
confidence. confidence
People v. Caliso Killer of the child is the
A. Elements: domestic servant of the family and sometimes
1. Offended party had trusted the offender. the deceased childs amah. Aggravating
2. Offender abused such trust by committing a crime against the circumstance of abuse of confidence is present.
offended party. o Difference between the Crumb and Caliso case
3. Abuse of confidence facilitated the commission of the crime. Crumb case: the offended girl could resist,
although unsuccessfully, the commission of the
B. FIRST ELEMENT: Offended Party Trusted The Offender crime.
Where confidence does not exist
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Caliso case: the nine-month-old victim could confidence where the house was not property of the
not resist the commission of the crime. offended party (People v. Alqueza).
The confidence between the offender and the offended party Contrast:
must be immediate and personal o Visitor commits robbery or theft in the house of his
o Not applicable when public officer committed estafa host
against his voters. o Mariano v. People the act of stealing property of the
o Abuse of confidence inherent in some felonies: host is considered as committed with abuse of
Inherent in malversation (Article 217) confidence.
Qualified theft (Article 310)
Estafa by conversion or misappropriation PAR. 5: THAT THE CRIME BE COMMITTED IN THE PALACE OF THE
(Article 315) CHIEF EXECUTIVE, OR IN HIS PRESENCE, OR WHERE PUBLIC
Qualified seduction (Article 337) AUTHORITIES ARE ENGAGED IN THE DISCHARGE OF THEIR DUTIES OR
IN A PLACE DEDICATED TO RELIGIOUS WORSHIP
III. SECOND AGGRAVATING CIRCUMSTANCE: Ungratefulness Must Be
Obvious i.e. Manifest And Clear I. Basis Of Paragraph 5:
For obvious ungratefulness, the offended received favors from Greater perversity of the offender, as shown by the place of the
the victim but still committed the crime (e.g. kupal). commission of the crime, which must be respected.
Examples where this aggravating circumstance is present:
o Accused killed his father-in-law whose house he lived II. Place Where Public Authorities Are Engaged In The Discharge Of
and who partially supported him (People v. Floresca). Their Duties (Par. 5), Distinguished From Contempt Or Insult To Public
o Accused was living in the house of the victim who Authorities (Par.2)
employed him as an overseer and in charge of
carpentry work, and had free access to the house of the Paragraph 5 Paragraph 2
victim who was very kind to him, his family, and who Public authorities in the performance of their duties
helped him solve his problems (People v. Lupango). Public authorities in the Public authorities in the
o Security guard killed a bank officer and robbed the performance of their duties must performance of their duties
bank (People v. Nismal). be in their office outside of their office
o Victim was suddenly attacked while in the act of giving Public authority may be the Public authority should not be the
the assailants their bread and coffee for breakfast offended party offended party
(People v. Bautista).
Example where this aggravating circumstance is not present: III. Important Words And Phrases
o Mere fact that the accused and offended party lived in A. That The Crime Be Committed In The Palace Of The Chief
the same house is not enough to prove abuse of Executive Or In His Presence Official Or Religious Functions, Not
Necessary.
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Place is aggravating, regardless of whether State or official or Deceased placed his hand on the thigh of the
religious functions are held, if it is Malacaang palace or a defendant, who got her fan knife and stabbed him.
church. o Held: There is no evidence to show that the defendant
Chief Executive need not be in Malacaang palace. His had murder in her heart when she entered the chapel
presence alone in any place where the crime is committed is on the fatal night.
enough to constitute the aggravating circumstance even if he is Ruling also applies in cases of crime committed in Malacaang
not engaged in the discharge of his duties in the place where palace or where public authorities are engaged in the discharge
the crime is committed. of their duties.

B. Where public authorities are engaged in the discharge of their PAR. 6: THAT THE CRIME BE COMMITTED (1) IN THE NIGHTTIME OR IN
duties Other public authorities must be actually engaged in the (2) AN UNINHABITED PLACE, OR (3) BY A BAND, WHENEVER SUCH
performance of duty CIRCUMSTANCES MAY FACILITATE THE COMMISSION OF THE OFFENSE
As regards to the place where the public authorities are
engaged in the discharge of their duties, there must be some I. Basis Of Paragraph 6:
performance of public functions. On the time and place of the commission of the crime and
This aggravating circumstance was appreciated in a crime of means and ways employed.
murder in an electoral precinct during election day as it is a
place where public authorities are engaged in the discharge of II. Should These Circumstances Be Considered As One Only Or Three
their duties on such day (People v. Canoy) Separately?
People v. Santos (April 27, 1897) Former ruling of only one
C. Or in a place dedicated to religious worship aggravating circumstance not an absolute and general rule
Cemeteries are not such place, however respectable they may which would exclude the possibility of their being considered
be, as they are not dedicated to the worship of God. separately when their elements are distinctly perceived and can
This aggravating circumstance was appreciated in a case where subsist independently, revealing a greater degree of perversity.
the accused shot the victim inside the church or in a case of o People v. Cunanan nighttime and band were
unjust vexation where the accused kissed a girl inside a church considered separately.
when a religious service was being solemnized (People v. General Rule: If all 3 circumstances are present, you should
Aonuevo). consider them as one.
o Exception: When the 3 can be distinctly perceived and
IV. Offender must have intention to commit a crime when he entered can subsist independently of each other, revealing
the place (lack of respect!) greater perversity. (People v. Librando)
People v. Jaurigue
o Facts: At the time of the commission of the crime, both III. When Aggravating
deceased and defendant were inside the chapel. Nighttime, uninhabited place or band is aggravating when
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1. When it facilitated the commission of the crime. o Nighttime not especially sought for, when the notion to
2. When especially sought for by the offender to insure commit the crime was conceived only shortly before its
the commission of the crime or for the purpose of commission (People v. Pardo) or when the crime was
impunity (People v. Pardo). committed at night upon a mere casual encounter
3. When the offender took advantage thereof for the (People v. Cayabyab).
purpose of impunity (US v Billedo). o Waited for nighttime to commit the crime especially
To take advantage of a fact or circumstance in committing a sought for (People v. Barredo).
crime clearly implies an intention to do so. One does not avail o Accused lingered for almost 3 hours in the evening at
oneself of darkness unless on intended to so (People v. the restaurant before robbing it (People v. Lungbos).
Matbagon & People v. Apduhan). Thus, aggravating o Where it is self-evident that nighttime was sought to
circumstance of nocturnity should be applied when it appears facilitate the commission of the offense when all the
that the accused took advantage of the darkness for a more the members of the household was asleep (People v.
successful consummation of his plans. Berbal), thereby indicating the desire to carry out the
plot with the least detection or to insure its
IV. Test to determine when such circumstance may facilitate the consummation with a minimum of resistance from the
commission of the offense inmates of the house (People v. Atencio).
A. Paragraph 6 Requires Only That Nighttime, Uninhabited Place, Or o The accused sought the solitude of the place in order to
Band May Facilitate The Commission Of The Offense better attain their purpose without interference, and to
Test fixed by the stature is an objective one. secure themselves against detection and punishment
Nighttime may facilitate the commission of the crime crime (People v. Ong).
can be perpetrated unmolested, or interference can be avoided Nighttime need not be specifically sought for when (1) it
or there would be greater certainty in attaining the ends of the facilitated the commission of the offense, or (2) the offender
offender (People v. Matbagon). took advantage of the same to commit the crime
Example: Nighttime facilitated the commission of the crime to o Nocturnity, even though not specially sought, if it
such an extent that the defendant was able to consummate it facilitated the commission of the crime and the
with all its details without anyone nearby becoming aware of accused took advantage thereof to commit it, may be
its occurrence (People v. Villas). considered as an aggravating circumstance.
For the purpose of impunity means to prevent his
B. Meaning Of Especially Sought For, For The Purpose Of (accuseds) being recognized, or to secure himself against
Impunity, And "Took Advantage Thereof. detection and punishment.
These are other tests for the application of this aggravating o The crime was attended by the aggravating
circumstance. circumstance of nighttime because of the silence and
Especially sought for darkness of the night which enabled the offender to
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take away the girl with impunity something which he o Crime was a result of a succession of acts, which took
could not have done in daytime (US v. Yumul). place within the period of 2 hours from 5pm to 7pm
without a moment of interruption, it cannot be said
V. Nighttime that the thought of nighttime as being the most
Period of darkness beginning at end of dusk and ending at favorable occurred to the accused (People v. Luchico).
dawn. Nights are from sunset to sunrise (Article 13, Civil Code). Commission of the crime must begin and be accomplished in
the nighttime.
A. Nighttime By And Of Itself Is Not An Aggravating Circumstance. o Although the safe was disposed of at nighttime, the
It becomes so only when it is especially sought for by the theft of the money was during the daytime (US v.
offender or taken advantage of by him to facilitate the Dowdell)
commission of the crime or to insure his immunity from The offense must be actually committed in the darkness of the
capture. night.
The information must allege that nighttime was sought for or o Defendants did not intentionally seek nighttime and
taken advantage of by the accused or that it facilitated he they were carrying a light of sufficient brilliance which
commission of the crime. made it easy for people nearby to recognize them (US
The jurisprudence on this subject is to effect that nocturnity v. Paraiso)
must have been sought or taken advantage of to improve the o No aggravating circumstance when robbery with
chances of success in the commission of the crime or to provide homicide was committed at daybreak when they could
impunity for the offenders. be recognized (US v. Tampacan).
o Other than the time of the crime, nothing else When the place of the crime is illuminated by light, nighttime is
whatsoever suggests that the aggravating circumstance not aggravating.
of nighttime was deliberately availed of by the o The fact that the place was illuminated by light negates
appellants (People v. Boyles). the notion that the offenders intentionally sought or
o Darkness of the night merely incidental to the collision taken advantage the cover of nighttime in order to
between 2 vehicles which caused the heated argument facilitate the crime (People v. Joson).
and the eventual stabbing of the victim, nighttime is However, The lighting of a matchstick or use of flashlight does
not aggravating (People v. Velago). not negate the aggravating circumstance of nighttime (People
v. Rogelio Soriano & People v. Berbal) as it is self-evident that
B. Not Aggravating When The Crime Began At Daytime the nighttime was sought by the appellant when all the
Nocturnity is not aggravating where there is no evidence that members of the household were asleep.
the accused had purposely sought the cover of darkness of the
night to commit the crime; nor is there evidence that nighttime VI. Uninhabited Place (Desplobado)
facilitated the commission of the crim aside from the fact that A. What Is Uninhabited Place?
the scene of the crime was illuminated.
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Where there are no houses at all, a place at a considerable their criminal designs, or (2) to insure concealment of
distance from town, or where the houses are scattered at a the offense, that he might thereby be better secured
great distance from each other. against detection and punishment.

B. It Is The Nature Of The Place That Is Decisive (People v. Bangug). VII. By a band
Aggravating circumstance should not be considered when the A. What Is A Band?
place where the crime was committed could not be seen and Whenever more than three armed malefactors shall have acted
the voice of the deceased could be heard from a nearby house. together in the commission of an offense (Article 14(6), par.2).
(People v. Laoto) The armed men must act together in the commission of the
How aggravating circumstance should be determined: whether crime.
or not in the place of the commission of the offense there was o Stated in the definition of armed men that they shall
a reasonable possibility of the victim receiving some help. act together.
o It is not the distance, but the possibility or impossibility o There must be more than 3 armed men Even if there
of immediate aid to be obtained (People v. Ostia and are 20 persons, but only 3 are armed, this aggravating
People v. Cabiles). If the distance is not so great, but circumstance by a band cannot be considered.
you have to climb a hill to reach the house to render o If one of the four armed persons is a principal by
aid, despoblado is considered. inducement, they do not form a band.
Open sea is considered as uninhabited place as no help can be All the armed men, at least 4 in number, must
expected by the victim from other persons and the offenders take direct part in the execution of the act
could easily escape punishment (People v. Nulla). constituting the crime (Article. 17, par. 1,
o The purely accidental circumstance that on the day in Revised Penal Code).
question, another banca, namely, that of the witnesses Stone is included in the term arms
for the prosecution, was also at see, is not an argument o There is intention to cause death if the accused throws
against the consideration of such aggravating a stone at the victims (People v. Bautista).
circumstance (People v. Rubia).
When the victims are the occupants of the only house in the B. When This Aggravating Circumstance Is Applicable:
place, the crime is committed in an uninhabited place. Abuse of superior strength and use of firearms, absorbed in
o A place about a kilometer from the nearest house or aggravating circumstance of by a band.
another inhabited place is considered an uninhabited o Aggravating circumstance of taking advantage of their
place (People v. Aguinaldo). superior strength and with the use of firearms is
Solitude must be sought to better attain the criminal purpose absorbed by the generic aggravating circumstance of
o It must appear that the accused sought the solitude. the commission of the offense by a band.
o The offenders must choose the place as an aid either By a band is aggravating in robbery with homicide
(1) to an easy and uninterrupted accomplishment of
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By a band is aggravating in crimes against property or against Debased form of criminality met in one who, in the midst of a
persons or in the crime of illegal detention or treason. calamity, instead of lending aid to the afflicted, adds to their
o Considered in crimes against property and in crimes suffering by taking advantage of their misfortune to despoil
against persons. them.
Not applicable to crimes against chastity.
o Not considered in crime of rape by 4 armed persons III. The Offender Must Take Advantage Of The Calamity Or Misfortune
(People v. Corpus). If accused was provoked by the offended party to commit the
By a band is inherent in brigandage crime during the calamity or misfortune, this aggravating
o Aggravating circumstance of armed men should not be circumstance may not be taken into consideration for the
considered because it is inherent in defining the crime. purpose of increasing the penalty because the accused did not
take advantage of it.
VIII. When Nighttime, Uninhabited Place, Or By A Band Did Not
Facilitate The Commission Of The Crime, Was Not Especially Sought IV. Chaotic Condition As An Aggravating Circumstance
For, Or Was Not Taken Advantage Of. Or other calamity or misfortune conditions of distress
Facts: 4 armed men casually met another group in an similar to those enumerated, that is conflagration, shipwreck,
uninhabited place at nighttime. They quarreled and in the heat earthquake, or epidemic.
of anger, one from the other group was killed. Nighttime, Chaotic conditions after liberation is not included in this
uninhabited place, and by a band are not aggravating paragraph (People v. Corpus). But in the case of People v.
circumstances here. Penjan), the chaotic condition resulting from the liberation of
Reason: When the offenders attacked the group of the San Pablo was considered a calamity.
deceased in the heat of anger, they could not have taken Development of engine trouble at sea is a misfortune but not
advantage of such circumstances, and such circumstances within the context of the phrase other calamity or misfortune
could not have facilitated the commission of the crime as well. (People v. Arpa).

PAR. 7: THAT THE CRIME BE COMMITTED ON THE OCCASION OF A PAR. 8: THAT THE CRIME BE COMMITTED WITH THE AID OF ARMED
CONFLAGRATION, SHIPWRECK, EARTHQUAKE, EPIDEMIC, OR OTHER MEN OR PERSONS WHO INSURE OR AFFORD IMPUNITY.
CALAMITY OR MISFORTUNE.
I. Basis Of Paragraph 8:
I. Basis Of Paragraph 7: Means and ways of committing the crime.
Reference to the time of the commission of the crime, not the
means. II. Elements:
1. Armed men or persons took part in the commission of the
II. Reason For The Aggravation crime, directly or indirectly.
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2. Accused availed himself of their aid or relied upon them when the commission of the crime acted under the same
the crime was committed (see US v. Abaigar). plan and for the same purpose.

III. Rule For The Application Of This Circumstance IV. With The Aid Of Armed Men (Par. 8), Distinguished From By A
Accused must have availed himself of the aid of armed men. Band. (Par. 6)
o Casual presence of armed men near the place where
the crime was committed does not constitute an Paragraph 8 (Aid Of Armed Men) Paragraph 6 (By A Band)
aggravating circumstance when it appears that the Aid of armed men is present even By a band requires more than
accused did not avail himself of their aid or rely upon if one of the offenders merely three armed malefactors have
them to commit the crime. relied on their aid. Actual aid is acted together in committing the
not necessary. offense.
A. The Armed Men Must Take Part Directly Or Indirectly.
Accused stabbed the deceased to death alone, without A. Aid of armed men is absorbed by employment of a band
assistance from anyone, even though there were ten men It is improper to be separately take into account against the
armed with daggers, and five without, but these men took no accused the aggravating circumstance of (1) the aid of armed
part, directly or indirectly, in the commission of the crime. The men, and (2) employment of a band in appraising the gravity if
accused therefore did not avail himself of their aid or rely upon the offense, in view of the definition of band which includes
them to commit the crime (US v. Abaigar). any group of armed men, provided they are at least 4 in
number.
B. Examples Of With Aid Of Armed Men
A secured the services of 3 armed Moros to kill her husband. B. Distinguished From Article 62 (Organized Crime Syndicate)
During the act, A held the light and supplied the men with rope
while the 3 men clubbed her husband to death. A was charged By A Band Article 62 Aid of Armed Men
with parricide with the aid of armed men (People v. Hane). Liability All principals All principals Armed men are
O and L were prosecuted for robbery with rape. They had accomplices
companions who were armed when they committed the crime. Number 4 or more 2 or more 2 or more
It was held that they were guilty of robbery with rape with Specificity Crime not Crime for GAIN Crime not
aggravating circumstance of aid of armed men (People v. Ortiz). specified specified
Exceptions: Nature Generic Special Generic
o Aggravating circumstance shall not be considered when aggravating;
both the attacking party and the party attacked were cant be offset
equally armed.
o Aggravating circumstance not present when the V. Aid Of Armed Men Includes Armed Women
accused as well as those who cooperated with him in
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Aid of armed women is aggravating in kidnapping and serious previously convicted by final judgment of another
illegal detention (People v. Licop). crime.
Some use of arms or show of armed strength is necessary to Meaning of at the time of his trial for one crime It is
guard a kidnap victim to prevent or discourage escape and so in employed in its general sense, including the rendering of the
a sense, it may be justly regarded as included in or absorbed by judgment. It is meant to include everything that is done in the
the offense itself (People v. Villanueva). course of the trial, from arraignment until after sentence is
announced by the judge in open court.
PAR. 9: THAT THE ACCUSED IS A RECIDIVIST. o What if judgment is suspended because of RA 9344,
and then accused commits another crime under the
I. Basis Of Paragraph 9: same title, recidivist? No. Decision not promulgated,
Greater perversity of the offender, as shown by his inclination hence no final judgment.
to crimes. No recidivism if the subsequent conviction is for an offense
committed before the offense involved in the prior conviction.
II. Who Is A Recidivist? o The accused was prosecuted and tried for theft, estafa
One who, at the time of his trial for one crime, shall have been and robbery. Judgments for all three were rendered on
previously convicted by final judgment of another crime the same day. He is not a recidivist because the
embraced in the same title of the Revised Penal Code (Article judgment of the first two were not final when he was
14(9), Paragraph 2). tried for the third offense.
o No requirement that it be consummated. Can be o People v. Baldera
attempted or frustrated. Law does not distinguish. Facts: The accused was convicted of robbery
with homicide committed on December 23,
III. Elements: 1947. He was previously convicted of theft
1. Offender is on trial for an offense. committed on December 30, 1947.
2. He was previously convicted by final judgment of another Held: The accused was not a recidivist
crime. There is recidivism even if the lapse of time between two
3. Both the first and second offenses are embraced in the same felonies is more than 10 years
title of the Code. o Recidivism must be taken into account as an
4. Offender is convicted of the new offense. aggravating circumstance no matter how many years
have intervened between the first and second felonies.
IV. FIRST ELEMENT: At the time of his trial for one crime.
What is controlling is the time of trial, not the time of the V. SECOND ELEMENT: Previously Convicted By Final Judgment
commission of the crime. Section 7 of Rule 120 of the Revised Rules of Criminal
o It is not required that at the time of the commission of Procedure except where the death penalty is imposed, a
the second crime, the accused should have been judgment in a criminal case becomes final.
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a. After the lapse of the period for perfecting an appeal, PAR. 10: THAT THE OFFENDER HAS BEEN PREVIOUSLY PUNISHED FOR
or AN OFFENSE TO WHICH THE LAW ATTACHES AN EQUAL OR GREATER
b. When the sentence has been partially or totally PENALTY OR FOR TWO OR MORE CRIMES TO WHICH IT ATTACHES A
satisfied or served, or LIGHTER PENALTY.
c. The accused has applied for probation.
Section 6 of Rule 122 of the Revised Rules of Criminal I. Basis of Paragraph 10:
Procedure an appeal must be taken within 15 days from Same as that of recidivism, i.e, the greater perversity of the
promulgation or notice of the judgment or order appealed offender as shown by his inclination to crimes.
from.
II. Elements:
VI. THIRD ELEMENT: The Present Crime And The Previous Crime Must 1. Accused is on trial for an offense.
Be Embraced In The Same Title Of This Code. 2. He previously served sentence for another offense to which the
When one offense is punishable by an ordinance or special law law attaches an equal or greater penalty, or for two or more
and the other by the Revised Penal Code, the two offenses are crimes to which it attaches lighter penalty than that for the
not embraced in the same title of the Code. new offense.
But recidivism was considered aggravating in a usury case 3. He is convicted of the new offense.
where the accused was previously convicted of the same
offense. III. Reiteracion or Habituality
o Article 10 Revised Penal Code as supplementing In reiteracion or habituality, it is essential that the offender be
special laws of a penal character. previously punished, that is, he has served sentence, for an
offense in which the law attached, or provides for an equal or
A. Examples Of Crimes Embraced In The Same Title Of The Revised greater penalty than that attached by law to the second
Penal Code offense, or for two or more offenses, in which the law attaches
Robbery and theft (Title 10) a lighter penalty.
Homicide and physical injuries (Title 8) People v. Villapando The records did not disclose that the
The felonies defined and penalized in Book II of Revised Penal accused has been so previously punished. Reiteracion or
Code are grouped in different titles. habituality is not attendant.

VI. Pardon Does Not Obliterate The Fact That The Accused Was A IV. SECOND ELEMENT: Has been previously punished
Recidivist; But Amnesty Extinguished The Penalty And Its Effects Means that the accused previously served sentence for another
This is the ruling in the case of US v. Sotelo. offense or sentences for other offenses before his trial for the
Pardon does not prevent a former conviction form being new offense.
considered as an aggravating circumstance. Second requisite is present:

109

o When the penalty provided by law for the previous Even if the accused served the penalty of prision mayor in its
offense is equal to that for the new offense. minimum period and is not convicted of an offense for which
o When the penalty provided by law for the previous the penalty of prision mayor maximum is imposed, there is still
offense is greater. habituality.
o Accused served at least two sentences even if the
penalties provided by law for the crimes are lighter. VI. Reiteracion Or Habituality, Not Always Aggravating.
If penalty is death and the offenses for which the offender has
A. Punished For An Offense To Which The Law Attaches An Equal X X been previously convicted are against property and not directly
X Penalty. against persons, courts should exercise its discretion in favor of
A served sentence for forcible abduction punishable by the accused by not taking this circumstance into account.
reclusion temporal then committed homicide after being
released, which is also punishable by reclusion temporal. VII. The Four Forms Of Repetition:
1. Recidivism (Article 14, Par. 9)
B. Punished For An Offense To Which The Law Attaches X X X Greater 2. Reiteracion or habituality (Article 14, Par. 10)
Penalty. 3. Multi-recidivism or habitual delinquency (Article 62, par. 5)
A served sentence for homicide punishable by reclusion 4. Quasi-recidivism (Article 160)
temporal then committed falsification after punishable by a
penalty ranging from 6 years and 1 day to 12 years. A. Recidivism And Reiteracion Distinguished
Suppose its falsification first then homicide after? No
habituality, because the penalty for the first offense is less than Recidivism Reiteracion
that for the second offense. The penalty for the first offense Enough that a final judgment has Necessary that the offender shall
must at least be equal to that for the second offense. been rendered in the first offense have served out his sentence for
Homicide before and homicide after? There is recividism, the first offense
because the first and the second offenses are embraced in the Requires that the offenses be Previous and subsequent offenses
same title of the Code. included in the same title of the must not be embraced in the
Code same title of the Code.
C. Punished Xxx For Two Or More Crimes To Which It Attaches A Always to be taken into Not always an aggravating
Lighter Penalty. consideration in fixing the penalty circumstance
The previous two offenses, the law provides lesser penalties. to be imposed upon the accused
No requirement as to penalty Prior crime must have been
V. It Is The Penalty Attached To The Offense, Not The Penalty Actually imposed on the prior conviction penalized with an equal or greater
Imposed. penalty or 2 or more crimes with
Article 14, Par. 10 speaks of penalty attached to the offense, lighter penalty
which may have several periods.
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First 2 generic aggravating circumstances, 3rd is an C. Quasi-recidivism
extraordinary aggravating circumstance. 4th is a special Any person who shall commit a felony after having been
aggravating circumstance convicted by final judgment, before beginning to serve such
sentence, or while serving the same, shall be punished by the
B. Habitual Delinquency maximum period of the penalty prescribed by law for the new
There is habitual delinquency when a person, within a period of felony. (Article 160)
10 years from the date of his release or last conviction of the This is a special aggravating circumstance that cant be offset,
crimes of serious or less serious physical injuries, robbery, and penalizes the offender with the max period of the new
theft, estafa, or falsification, is found guilty of any of said felony committed.
crimes a third time of oftener. o Example: Accused is serving sentence for homicide.
o There is a need for 3 convictions, with the third being Then kills someone in prison. Hell get the max period
committed within 10 years from the second. for his second homicide.
In habitual delinquency, he is either a recidivist or punished for
habituality (two or more crimes). PAR. 11: THAT THE CRIME BE COMMITTED IN CONSIDERATION OF A
o An offender can be a recidivist and habitual delinquent PRICE, REWARD, OR PROMISE
at the same time.
He shall suffer an additional penalty for being a habitual I. Basis For Paragraph 11
delinquent (special aggravating circumstance). Greater perversity of the offender, as shown by the motivating
power itself.
Recidivism Habitual Delinquency
Convictions Two are enough Three are required II. This Aggravating Circumstance Presupposed The Concurrence Of
Crimes Must be both under the Serious or less serious Two Or More Offenders
covered same title of the Code physical injuries, robbery, There must be 2 or more principals, the one who gives or offers
theft, estafa, or the price or promise, and the one who accepts it.
falsification Both of whom are principals to the former, because he
Prescription None as no time limit given Prescribes if the 10-year directly induces the latter to commit the crime, the latter
by law between the 1st and limit between the second because he actually commits it.
2nd convictions and third convictions are
exceeded A. Is This Paragraph Applicable To The One Who Gave The Price Or
Nature Generic, can be offset Special, cant be offset Reward?
Penalty Increase is to the max Entails additional penalty, YES. It affects not only the person who received the price of the
period which increases with the reward but also the person who gave it (US v. Parro). The
number of convictions aggravating circumstance of price, reward or promise thereof

111

affects equally the offeror and the acceptor (People v. OR BY USE OF ANY OTHER ARTIFICE INVOLVING GREAT WASTE AND
Alincastre) RUIN
BUT this is contrasted by People v. Talledo and Trimbreza
o But in the case of People v. Talledo and Timbreza, it I. Basis of Paragraph 11:
was held that this aggravating circumstance cannot be Reference to means and ways employed.
considered against the other accused for the reason
that it was not she who committed the crime in II. Unless Used By The Offender As A Means To Accomplish A Criminal
consideration of said price or reward. Purpose, Any Of The Circumstance In Par. 12 Cannot Be Considered To
If the price, reward or promise is alleged in the information as a Increase The Penalty Or To Change The Nature Of The Offense
qualifying aggravating circumstance, it shall be considered As generic aggravating circumstance.
against all the accused. o In a crime of parricide, there is only a generic
aggravating circumstance, because they cannot qualify
III. Application Of This Paragraph: Price Reward Or Promise Must Be the crime.
For The Purpose Of Inducing Another To Perform The Deed o When another aggravating circumstance already
For this aggravating circumstance to be considered against the qualifies the crime, any of these aggravating
person, inducement must be primary consideration for the circumstances shall be considered as generic
commission of the of the crime by him (People v. Paredes). aggravating circumstance only.
Evidence must show that one of the accused used money or When there is no actual design to kill a person in burning a
other valuable consideration for the purpose of inducing house, it is plain arson even if a person is killed.
another to perform the deed (US v. Gamao). o When the crime intended to be committed is arson and
o Services can constitute valuable consideration. somebody dies as a result thereof, the crime is simply
If without previous promise it was given voluntarily after the arson and the act resulting in the death of that person
crime has been committed as an expression of his appreciation is not even an independent crime of homicide, it being
for the sympathy and aid shown by other accused, it should not absorbed (People v. Paterno).
be taken into consideration for the purpose of increasing the o On the other hand, if the offender had the intent to kill
penalty (US v. Flores). the victim, burned the house where the latter was, and
the victim dies, the crime is murder, qualified by the
A. Effect Of Mistake In Identity Of The Victim circumstance that the crime was committed by means
The aggravating circumstance will only be considered for the of fire. (Article 248)
case of the acceptor and not the one who made the offer.
III. When Used As A Means To Kill Another Person, The Crime Is
PAR. 12: THAT THE CRIME BE COMMITTED BY MEANS OF Murder
INUNDATION, FIRE, POISON, EXPLOSION, STRANDING OF A VESSEL OR 1. By means of fire
INTENTIONAL DAMAGE THERETO, DERAILMENT OF A LOCOMOTIVE,
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oIn order to constitute a murder, there should be an crime of damage to means of communication
actual design to kill and that the use of fire should be with homicide.
purposely adopted as a means to that end (US v. If there was intent to kill and the death results,
Burns). it is murder because the derailment of cars was
o If the purpose of the explosion, inundation, fire or the means used to kill the victim.
poison is to kill a predetermined person, this If this aggravating circumstance qualifies a
aggravating circumstance will not be considered as it is crime to murder, it can no longer raise the
an integral element of the offense. The crime is penalty higher. (Article 62, Par.1)
murder. It will be noted that each of the circumstances of fire, explosion
o If the house was set on fire after killing the victim, and derailment of locomotive may be a part of the definition of
there would be two separate crimes of arson and particular crime. In these cases, they do not serve to increase
murder. There is no aggravating circumstance by the penalty, because they are already included by the law in
means of fire. defining the crime.
2. By means of explosion
o If there is an explosion, and the wall is damaged thus IV. Par. 12 Distinguished From Par. 7
endangering the lives of the people there, there is
damage of property (Article 324). Paragraph 12 Paragraph 7
o If there an explosion and people died, but there was no The crime is committed by means The crime is committed on the
intent to kill, it will be a crime involving destruction but of any of such acts involving great occasion of a calamity or
the penalty will be death. waste or ruin misfortune
o If there is intent to kill and explosion is used, there is
murder. PAR. 13: THAT THE ACT BE COMMITTED WITH EVIDENT
3. By means of derailment of locomotive PREMEDITATION
o Article 330 defines and penalizes the crime of
damage to means of communication, derailment of I. Basis of Paragraph 13
cars, collision or accident must result from damage to Ways of committing the crime, because it implies a deliberate
railway, telegraph, or telephone. planning of the act before executing it.
o This is without prejudice to criminal liability of other
consequences of criminal act: II. Illustration Of Deliberate Planning
Damage to means of communication is A planned to kill B, where his plan could be deduced from the
committed if property is damaged as a result of following outward circumstances:
the derailment of cars. o He caused his co-accused, C, to be drunk.
If death of a person also results without intent o He remarked that he had a grudge against B.
to kill on part of the offender, it is a complex o He supplied ammunition to C.
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(2nd requisite) He undertook the journey to comply and
III. Evident premeditation may be considered as to principal by provided himself with the weapon, which manifests his
induction determination to commit the crime.
When A directly induces persons B and C to kill D. The crime, in (3rd requisite) He took a journey for a day and a night before
so far as A is concerned, was committed with premeditation. killing the victims. Such duration is a sufficient lapse of time.

IV. Essence Of Premeditation VI. FIRST REQUISITE: The Date And Time When The Offender
Is that the execution of the criminal act must be preceded by Determined To Commit The Crime Essential
cool thought and reflection upon the resolution to carry out the This is because the lapse of time for the purpose of the 3rd
criminal intent during the space of time sufficient to arrive at a requisite is computed from that date and time.
calm judgment.
Evident premeditation may NOT be appreciated absent any VII. SECOND REQUISITE Necessary: Manifest Indication Of Clinging To
proof as to how and when the plan to kill was hatched or what Culprits Determination
time elapse before it was carried out. The premeditation must be based upon external acts and not
presumed from mere lapse of time.
A. The Premeditation Must Be Evident o The criminal intent must be notorious and manifest and
There must be evidence showing that the accused meditated the purpose and determination must be plain and have
and reflected on his intention between the time (1) when the been adopted after mature consideration on the part
crime was conceived and (2) when it was actually perpetrated. of the persons who conceived and resolved upon the
It cannot be merely suspected. perpetration of the crime, as a result deliberation,
meditation and reflection sometime before
V. Elements Of Evident Premeditation commission.
1. The time when the offender determined to commit the crime; The rule is that the qualifying circumstance of premeditation is
2. An act manifestly indicating that the culprit has clung to his satisfactorily established only if it is proved that the defendant
determination. had deliberately planned to commit the crime, and had
3. A sufficient lapse of time between the determination and persistently and continuously followed it, notwithstanding that
execution to allow him to reflect upon the consequences of his he had ample time to allow his conscience to overcome the
act and to allow his conscience to overcome the resolution of determination of his will, if he had so desired after meditation
his will. and reflection (People v. Sarmiento).
Example: US v. Manalinde (Where 3 requisites were present).
(1st requisite) On a certain date, the accused accepted a A. Second Requisite Exists
proposition that he would go huramentado and to kill the 2 It can be said that the offender clung to their determination when:
persons he would meet. Was carefully planned by the offenders.
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When the offenders previously prepared the means which they When the accused had ample time to make necessary
consider adequate to carry out the plan. preparations.
When the grave was prepared at an isolated place. When there was ample time for meditation and reflection and
When the defendants made repeated statements of their to allow his conscience to overcome the resolution of his will.
intention and armed themselves accordingly. When there was sufficient time for desistance.
When the defendant commenced to prepare his weapon. When here was sufficient time to reflect upon the
When the defendant repeatedly attempted to take the life of consequences of the contemplated act.
the deceased.
Where the accused repeatedly plotted the commission of A. Existence Of Ill-Feeling Or Grudge Alone Is Not Proof Of Evident
murder. Premeditation
A grudge or resentment is not a conclusive proof of evident
B. Mere Threats Without The Second Element Does Not Show Evident premeditation.
Premeditation
A threat to kill, unsupported by other evidence which would B. Reason Why Sufficient Time Is Required
disclose the criminal state of mind of the accused is not a To give the offender an opportunity to coolly and serenely
resolution involved in evident premeditation (People v. think and deliberate on the meaning and the consequences of
Fernandez). what he planned to do, an interval long enough for his
The mere fact as soon as the accused heard that the deceased conscience and better judgment to overcome his evil desire
had escaped from stockade he prepared to kill him is and scheme.
insufficient to establish evident premeditation. The proposition
was nothing but an expression of his own determination to C. There Must Be Sufficient Time Between The Outward Acts And The
commit the crime differ from premeditation (People v. Actual Commission Of The Crime
Carillo). The mere fact that the accused was lying in wait before the
There is no showing that, between the day the threat was given attack is NOT sufficient to sustain a finding of evident
and the day the killing actually occurred, the appellant made premeditation, in the absence of proof that he had been lying
plans or sought the deceased to accomplish the killing. The in wait for a substantial period of time.
killing happened when the appellant was plowing the field and
the deceased unexpectedly appeared (People v. Sarmiento). IX. Conspiracy generally presupposes premeditation
When conspiracy is directly established, the existence of
VIII. THIRD REQUISITE: Sufficient Lapse Of Time evident premeditation can be taken for granted.
Law does not give formula. Case to case basis. (People v. Rodas) Exception: When conspiracy is only implied, evident
When the act was not prompted by the impulse of the premeditation my not be appreciated (in the absence of proof
moment. as to how and when the plan to kill was hatched).

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X. Evident premeditation and price or reward can co-exist 2nd case: If the offender decides to kill ANY person, it is
The aggravating circumstance of price, reward or promise may aggravating (See People v. Timbol).
be taken into consideration independently of the fact that 3rd case: Where the victim belonged to the SAME CLASS, it is
premeditation has already been considered . aggravating (See US v. Zalos and Ragmacm supra).
Premeditation is absorbed by reward or promise (applicable
only to the inductor). XII. Evident Premeditation, While Inherent In Robbery, May Be
o The mere fact that another executed the act on the Aggravating In Robbery With Homicide IF The Premeditation
promise of reward does not necessarily mean that he Included The Killing Of The Victim.
had sufficient time to reflect on the consequences of If the killing is only incidental because the original plan was only
his act. to rob, this aggravating circumstance should be disregarded.
Thus:
XI. When Victim Is Different From That Intended, Premeditation Is Not o If in addition to the crime of robbery, the accused
Aggravating intended to kill a person (robbery with homicide),
Evident premeditation may not be properly taken into account evident premeditation is aggravating.
when the person whom the defendant proposed to kill was o But if he had no plan to kill a person, but ends up killing
different from the one who became his victim. a person in the house who put up some form of
resistance, no evident premeditation (People v
A. Distinguish The Ruling In The Timbol Case From That In The Guillen Curachia).
Case
People v. Guillen When the person killed is different from PAR. 14: THAT (1) CRAFT, (2) FRAUD, OR (3) DISGUISE BE EMPLOYED.
the one intended to be killed, evident premeditation may NOT
be considered present. I. Basis of Paragraph 14
People v. Timbol Evident premeditation MAY BE considered Means employed in the commission of the crime
IF it is shown that the conspirators were determined to kill not
only the intended victim but also any one who may help him II. Application Of This Paragraph
put a violent resistance. This circumstance is characterized by the intellectual or mental
It is not necessary that there is a plan to kill a particular person rather than the physical means to which the criminal resorts to
When after careful and thoughtful meditation, the accused carry out his design.
decided to kill, at the first opportunity, whatever individual he These cannot be appreciated when it did not facilitate the
should meet. Evident premeditation is still present. commission of the crime, or when it was not taken advantage
Differences in rulings of by the offender in the course of the assault.
1st case: When the offender decides to kill another but kills a If they were used to insure the commission of the crime against
different person instead, it is not aggravating (Guillen). persons without risk to offender, absorbed by treachery
(usually absorbed by treachery)
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o But can be appreciated separately if based on different
facts. For example, guy pretends to hire a jeep because IV. Fraud (Insidious words or machinations used to induce the victim to
he wants to rob it. Jeepney driver gets loko. While on act in a manner which would enable the offender to carry out his
the jeep, accused kills accused by hitting him behind design)
the head. SC considered craft in the plan in the robbery Example: Where the defendants induced their victims to give
scheme. Treachery in the killing of the driver. (People v. up their arms upon a promise that no harm would befall them
San Pedro) (US v. Abelinde).

III. Craft (Involves intellectual trickery and cunning on the part of the A. Hairline Distinction Between Craft And Fraud
accused) There is craft OR fraud (either can be used) when by trickery,
It is chicanery resorted to by the accused to aid in the execution accused gained entrance in the victims house by pretending
of the crime. they had pacific intentions (People v. Saliling).
Example:
o When the accused pretended to be bona fide B. How Is Craft Distinguished From Fraud?
passengers in the taxicab driven by the diseased in
order to not arouse his suspicion and then killing him, Craft Fraud
there is craft (People v. Daos). When the act of the accused was When there is a direct inducement
o Accused lures victim out of his house (People v. done in order not to arouse the by insidious words or
Barbosa) or into a false sense of security to make him suspicion of the victim machinations
unmindful of the tragedy that would befall him (People
v. Rodriguez) VI. Disguise (Resorting to any device to conceal identity)
o Craft was used in rape when the accused offered a Example:
drugged but innocent looking chocolate to the victim, o Defendant blackened his face in order that he should
which did not arouse her suspicion, in order to weaken not be recognized (US v. Cofrada).
and prevent her from resisting (People v. Guy, CA). o The fact that the mask subsequently fell down thus
paving the way for identification does not render the
A. Craft, When Not An Aggravating Circumstance. aggravating circumstance of disguise inapplicable
Where craft partakes of an element of the offense, the same (People v. Cabato).
may not be appreciated independently for the purpose of o Use of an assumed name in publication (People v.
aggravation. Adamos).
Craft is not clearly established where accused and his
companions did not camouflage their hostile intentions and A. Disguise, Not Considered
even announced their presence with shouts and gunshots When the disguise was not effective in concealing identity.
(People v. Cunanan).
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Even though the accused assumed a masquerade his face was physical strength has been overcome by the use of drugs or
still recognizable due to their distinct features (People v. Reyes) intoxicants.
Present where the victim who died was a baby, and the other
B. The Purpose Of The Offender In Using Any Device Must Be To wounded victims were children aged 5 and 12, because of the
Conceal His Identity marked difference of physical strength between the offended
Muslim turbans are not disguises, since it is not intended to parties and the offender.
conceal ones identity (US v. Rodriguez).
Disguise did not facilitate the consummation of the killing, nor C. Abuse Of Superior Strength When A Man Attacks A Woman With A
taken advantage of by the malefactors in the course of the Weapon
assault. Their mode of attack i.e. arriving with shouts and An attack made by a man with a deadly weapon upon an
gunshots counteracted whatever deception might have arisen unarmed and defenseless woman constitutes abuse of
from their disguise (People v. Cunanan). superiority which his sex and the weapon used afforded him,
and which the woman is unable to defend herself.
PAR. 15: THAT (1) ADVANTAGE BE TAKEN OF SUPERIOR STRENGTH, No abuse of superior strength in parricide against the wife.
OR (2) MEANS BE EMPLOYED TO WEAKEN THE DEFENSE That the victim is a woman is inherent in parricide.

I. Meaning Of Advantage Be Taken III. Evidence Of Relative Physical Strength Necessary
Means to use purposely excessive force out of proportion to the There must be evidence that the accused were physically
means of defense available to the person attacked. stronger and that they abused such superiority.
The mere fact of being a superiority of numbers is not sufficient
II. Illustrations to bring the case within aggravating circumstance.
A. Illustrations Of No Advantage Of Superior Strength
One who attacks another with passion and obfuscation does IV. When Abuse Of Superior Strength Is Aggravating
not take advantage of his superior strength. This aggravating circumstance depends on the age, size, and
When a quarrel arose unexpectedly and the fatal blow was strength of the parties.
struck at a time when the aggressor and his victim were It is considered whenever there is a notorious inequality of
engaged against each other as man to man. forces between the victim and the aggressor which is taken
When the attack was made on the victim alternately, there is advantage of him in the commission of the crime.
no abuse of superior strength (People v. Narciso).
A. Number Of Aggressors, If Armed, May Point To Abuse Of Superior
B. Illustrations Of Abuse Of Superior Strength Strength
When a strong man has ill-treated a child, an old decrepit There is no abuse of superior strength where the accused did
person, or one weakened by disease or where a persons not cooperate in such a way as to secure advantage from their
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combined strength. They did not exploit their superior strength E. Abuse Of The Superior Strength Is Aggravating In Coercion And
(People v. Ybaez). Forcible Abduction, When Greatly In Excess Of That Required To
Instances of abuse of superior strength by numerical superiority Commit The Offense
When the assailants are armed and outnumber the victim. Although the commission of the crime of coercion or forcible
When the assailants successively and simultaneously assaulted abduction presupposes superiority of force on the part of the
the victim and there was marked disparity between the offenders, Yet when the strength availed of is greatly in excess
strength of the victim and the strength of the aggressors. of that required for the realization of the offense, as where the
When the assailants cooperated in such a way as to derive offenders were very much superior to the complainant
advantage from their combined strength.
F. Other Crimes In Which Abuse Of Superior Strength Is Aggravating
B. There Is Abuse Of Superior Strength When Weapon Used Is Out Of Illegal detention (Article 267 and 268)
Proportion To The Defense Available To The Offended Party Robbery with rape
Abuse of strength is present not only when (1) the offenders Robbery with homicide
enjoy numerical superiority or (2) there is a notorious
inequality of force between the victim and the aggressor, but V. The Circumstance Of By A Band And That Of Abuse Of Superior
also (3) when the offender uses a powerful weapon which is Strength, Distinguished
out of proportion to the defense available to the offended
party By A Band Abuse Of Supreme Strength
Simultaneous attack by two persons with revolvers against a Element of band is appreciated In superior strength, what is taken
defenseless person is aggravated by superior strength (US v. when the offense is committed by into account is not the number
Baagale). more than 3 armed malefactors of aggressors nor the fact that
regardless of the comparative they are armed BUT their relative
C. There Is No Abuse Of Superior Strength When One Acted As strength of the victim physical might vis--vis the
Principal And The Other Two As Accomplices offended party
It must appear that the accused cooperated together in some
way designed to weaken the defense. This would make them A. Aggravating Circumstances Absorbing Band
guilty in the character of principals. Abuse of superiority absorbs cuadrilla.
The two concepts should NOT be treated separately and
D. When There Is An Allegation Of Treachery, Superior Strength Is distinct from abuse of superior strength.
Absorbed The aggravating circumstance of by a band is absorbed in
Like nighttime, superior strength is inherent in treachery. treachery.

VI. Means Employed To Weaken Defense
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Example: When one suddenly casts sand or dirt upon the o Unexpected
latters eyes and then wounds or kills him (People v. Siaotong). o Without warning
o Without giving the victim an opportunity to defend
A. Intoxicating The Victim To Weaken Defense himself or repel the aggression
This is for the purpose of materially weakening the latters o Made when the deceased did not sense any danger as
resisting power. there was no grudge or misunderstanding
If the state of intoxication is such that the victim cannot put Essence: swiftness and the unexpectedness of the attack
up any sort of defense, treachery may be considered. However, the suddenness of the attack must be preconceived
by the accused, unexpected by the victim and without
VII. Applicable Only To Crimes Against Persons, Etc. provocation on the part of the latter.
This circumstance is applicable only to crimes against persons,
and sometimes against person and property, such as robbery III. Rules Regarding Treachery
with physical injuries or homicide (i.e. robbery with homicide). RULE 1: Applicable Only To Crimes Against Persons
Based on the phrase crime against the person.
A. Means To Weaken The Defense Absorbed In Treachery RULE 2: It Is Not Necessary That The Mode Of Attack Insures The
In People v. Guy, employing means to weaken the defense is Consummation Of Offense
not the aggravating circumstance. It is craft. It is necessary only to insure its execution NOT
accomplishment.
PAR. 16: THAT THE ACT BE COMMITTED WITH TREACHERY o It is sufficient that it tends to an intended end.
(ALEVOSIA). The treacherous character of the means employed does not
depend upon its consummation otherwise there would be no
I. Basis Of Paragraph 16 attempted or frustrated murder qualified by treachery.
Means and ways employed in the commission of the crime. Treacherous character of the offense is dependent on the
MEANS itself, in connection with the aggressors purpose.
II. Meaning Of Treachery Treachery cannot be presumed
When the offender commits any of the crimes against the o It is necessary that the existence of this qualifying or
person employing means, methods or forms in the execution aggravating circumstance should be proven as fully as
thereof which tend directly and specially to insure its the crime itself in order to aggravate the liability or
execution, without risk to himself arising from the defense penalty incurred by the culprit.
which the offended party might make. Illustrations NO treachery in the following cases:
It means that the offended party was not given opportunity to o When no particulars are known to the commission of
make a defense. the crime as the wound which resulted into the death
Treachery is present when the attack is: of victim could have been accidental (US v. Perdon).
o Sudden
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o When the meeting of the victim and the assailant was o When the attack was deliberate, sudden, unexpected
only accidental (People v. Velaga). from behind.
o Where no witness saw how the deceased was shot o When the attack was made without warning.
(People v. Tiozon). Examples where treachery is NOT present
o When the witness did not see how it all began and o A frontal encounter without deliberate surprise attack.
could not provide details (People v. Narit). o When the malefactors have him an ominous warning.
o Where the attack was frontal (People v. Tugba). o When the accused did not camouflaged their
Exceptions: intentions.
o When the victim was tried even without a witness (U.S. o When there is nothing in the record to show that the
v. Santos). accused had pondered upon the mode or method to
o In the killing of a child even if the manner of attack is insure the killing or remove risk to himself.
not shown (People v. Retubado). o When there is no evidence that the accused had, prior
RULE 3: The Mode Of Attack Must Be Consciously Adopted to the moment, resolved to commit the crime or there
Based on the words employing, directly and specially. is no proof that the death of the victim was the result
This means that the accused must make some preparation to of meditation, calculation or reflection.
kill the deceased in such a manner as to insure the execution of Mere suddenness of the attack is not enough to constitute
the crime or to make it impossible for the person to defend treachery, it must be deliberately chosen too.
himself That the mode of attack was consciously adopted may be
The mode of attack must be thought of by the offender and inferred from the circumstances.
must not spring from the unexpected turn of events
Examples where treachery is PRESENT: IV. Where The Meeting Between The Accused And The Victim Is
o Act of shooting the victim at a distance, without the Casual And The Attack Impulsively Done, There Is NO Treachery
least expectation on his part that he would be Treachery cannot be appreciated where there is nothing in the
assaulted. record to show that the accused had pondered upon the mode
o The accused made a deliberate, surprise attack on the or method to insure the killing of the deceased or remove or
victim. diminish any risk to himself that might arise from the defense
o When the victims hands were raised and he was that the deceased might make.
pleading for mercy with one of the assailants when Main characteristics: deliberate, sudden and unexpected
another struck him. o Mere suddenness of the attack is not enough to
o When the assailant strategically placed himself in a constitute treachery. Such method or form of attack
forested area and fired at the unsuspecting victim at a must be deliberately chosen by the accused.
distance. Where the meeting between the accused and the victim is
o When the victim was tied and gagged before being casual and the attack impulsively done, there is not treachery
stabbed.
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V. Attacks Showing Intention To Eliminate Risk (See p.447-450) Mere sudden and unexpected attack does not necessary give
Victim asleep rise to treachery. It could have been done on impulse, as a
Victim half-awake or just awakened reaction to an actual or imagined provocation offered by the
Victim grappling or being held victim.
Attack from behind
o With a firearm VII. Instances where treachery may or may not exist:
o With a bladed weapon When the accused gave the deceased a chance to prepare,
there was no treachery.
VI. Elements Of Treachery No treachery where the attack is preceded by a warning.
1. That at the time of the attack, the victim was not in a position o Calling attention of the victim not necessarily a
to defend himself. warning.
2. That the offender consciously adopted the particular means, o Thus, treachery may be appreciated even when the
method or form of attack employed by him. victim is warned of the danger to his person, for what is
decisive is that the attack made it impossible for the
A. The Victim Was Not In A Position To Defend Himself victim to defend himself or retaliate
Examples: No treachery where shooting is preceded by heated
o When the victim was made to lie face down with hands discussion
tied at the back (People v. Saquing). o This allows the victim to insure their safety before the
o When the victim was shot from behind (People v. attack of the defendants.
Berzuela). o Killing unarmed victim whose hands are upraised is
o When the victim was shot while blindfolded (People v. committed with treachery.
Jakosalem). o Killing a woman asking for mercy is committed with
o When the victim was ambushed in the dark. treachery.
There is treachery when the offenders made a deliberate There is treachery in killing a child
surprise or unexpected attack on the victim o This is so because the weakness of the victim due to his
There is NO treachery when the victim was already defending tender age.
himself when he was attacked by the accused Intent to kill is not necessary in murder with treachery.
The fact that advantage was taken of relative confusion, so that o There is no incompatibility, moral or legal, between
the act and identity of the offender would not be detected, and aleviosa and the mitigating circumstance of not having
so that his escape would be facilitated DOES NOT adequately intended to cause so great an injury (Article 13)
establish treachery. o But intent to kill is necessary in murder committed by
means of fire.
B. Treachery Does Not Connote The Element Of Surprise Alone Treachery may exist even if the attack is face to face
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o This is possible where it appears that the attack was treachery was not present, if there was a break in the
not preceded by a dispute and the offended party was continuity of the aggression and at the time the fatal
unable to prepare himself for defense. wound was inflicted on the deceased he was
Flashing the beam of a flashlight on the face of victim defenseless, the circumstance of treachery must be
o This momentarily blinds the victim and is aggravating taken into account.
even if the attack was frontal and sudden Summary of the rules
If the intervention of the other persons did not directly and o When the aggression is continuous, treachery must be
especially insure the execution of the crime without risk to present at the beginning of the assault (People v.
the accused, there is no treachery Caete).
o When the assault not continuous, in that there was an
VIII. Treachery Must Be Proved By Clear And Convincing Evidence interruption, it is sufficient that treachery was present
Treachery is not to be presumed. There must be a clear at the moment the fatal blow was given (US v. Baluyot).
showing from the narration of facts why the attack is said to be
sudden. X. In Treachery, It Makes No Difference Whether Or Not The Victim
Clear and convincing evidence is necessary. Was The Same Person Whom The Accused Intended To Kill
Attack from behind is not always alevosia. It is necessary that The purely accidental circumstance that as a result of the shots,
the attack from behind was consciously adopted and a person other than the one intended was killed, does NOT
diminished risk to the offender modify the nature of the crime nor lessen his criminal
o General Rule: Frontal attack, no treachery. responsibility.
o Exception: when attack is sudden and made in such a Treachery may be taken into account despite mistake in
manner that insures its execution free from danger and identity.
without risk to oneself on account of what the victim The reason for this rule is that when there is treachery, it is
might make to defend himself impossible for either the intended victim or the actual victim to
o People v. Base where barangay captain was defend himself against the aggression
suddenly shot in the head after opening the door of his
residence to the accused. XI. When Treachery Is Not To Be Considered As To The Principal By
Induction
IX. Must treachery be present at the beginning of the assault? When it is NOT shown that the principal induced the killer to
It depends on the circumstances of the case adopt the means or methods actually used, because the former
General Rule: It must be shown that the treacherous acts were left to the latter the details as to how it was to be
present and preceded the commencement of the attack which accomplished, treachery CANNOT be taken into consideration
caused the injury complained of. as to the principal by induction.
o Exception: Even though in the inception of the It shall aggravate the liability of the actual killer ONLY.
aggression which ended in the death of the deceased,
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XII. Treachery, Abuse Of Superior Strength, And Means Employed To When nighttime is not absorbed in treachery
Weaken The Defense, Distinguished o Since treachery rests upon an independent factual
basis, the circumstance of nighttime is not absorbed
Treachery Abuse of Superior Means Employed to therein, but can be perceived distinctly therefrom.
Strength Weaken Defense Craft is included in and absorbed by treachery
Means, methods or The offender does not The offender, like in o Craft is included in and absorbed by the qualifying
forms of attack are employ means, treachery, employs circumstance of treachery, because it was used to
employed to make it methods or forms of means but the means insure the commission of the crime without risk to the
impossible or hard for attack; he only takes employed only culprits.
the offended party to advantage of his weakens the defense o When craft was employed in robbery with homicide,
put up any sort of superior strength. not with a view to make treachery more effective as
defense nighttime or abuse of superior strength would in the
killing of the victim, it is NOT absorbed in treachery.
XIII. When There Is Conspiracy, Treachery Is Considered Against All Age and sex are included in treachery
The Offenders. Dwelling is not included in treachery
Treachery should be considered against all persons Defenseless condition of victims is included in abuse of
participating or cooperating in the perpetration of the crime, superior strength, not treachery.
except when there is no conspiracy among them. Treachery, evident premeditation and use of superior strength
Treachery should be considered against those persons who are absorbed in Treason by killings.
had knowledge of the employment of treachery at the time of Treachery is inherent in murder by poisoning
the execution of the act or their cooperation therein. Treachery cannot co-exist with passion or obfuscation
o In passion or obfuscation, the offender loses his reason
A. The Mastermind Should Have Knowledge Of The Employment Of and self-control.
Treachery If He Was Not Present When The Crime Was Committed o In treachery, the mode of attack must be consciously
The rule is that every conspirator is responsible for the acts of adopted.
the others in furtherance of the conspiracy
Treachery should be appreciated as a generic aggravating PAR. 17: THAT MEANS BE EMPLOYED OR CIRCUMSTANCES BROUGHT
circumstance against the mastermind even when he was ABOUT WHICH ADD IGOMINY TO THE NATURAL EFFECTS OR THE ACT.
absent during the crime.
I. Basis Of Paragraph 17:
XIV. What Is Absorbed In Treachery? Means employed
Treachery absorbs (1) abuse of superior strength, (2) aid of
armed men, (3) by a band (4) nighttime (5) means to weaken II. Definition Of Ignominy
the defense (6) craft (7) murder by poison and (8) Age and sex
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A circumstance pertaining to the moral order, which adds perpetration will be regarded as aggravating
disgrace and obloquy to the material injury caused by the circumstances of ignominy.
crime.
Relates to moral suffering (whereas cruelty refers to physical). PAR. 18: THAT THE CRIME BE COMMITTED AFTER AN UNLAWFUL
ENTRY.
III. Applicability:
1. Crimes against chastity, I. Basis Of Paragraph 18:
2. Less serious physical injuries, Means and ways employed to commit the crime.
3. Light or grave coercion, and
4. Murder II. Meaning Of Unlawful Entry
There is an unlawful entry when an entrance is effected by a
IV. Important Words And Phrases way not intended for the purpose.
A. That Means Be Employed
Example: wrapping the genital with cogon before rape to III. To Effect Entrance, Not For Escape
increase pain (People v. Torrefiel, et al., CA) Unlawful entry must be a means to effect the entrance and not
for escape.
B. That x x x Circumstances Be Brought About.
Example: Where one rapes a married woman in the presence of IV. Reason For Aggravation
her husband (US v. Iglesia) or betrothed (US v. Casaas). One who acts, not respecting the walls erected by men to
guard their property and provide for their personal safety,
C. Which Add Ignominy To The Natural Effects Of The Act shows a greater perversity.
Means that the means or circumstances make the crime more
humiliating or to put the offended party to shame. V. Application Of This Circumstance
It is incorrect to appreciate adding ignominy to the offence Examples: When rape is committed in a house after an entry
where the victim is already dead when his body was through the window.
dismembered (People v. Carmina). Unlawful entry is one of the ways of committing robbery with
No ignominy when a man is killed in the presence of his wife. force upon things.
Because no means was employed nor did any circumstance If the crime charged in the information was only theft, and the
surround the act tending to make the effects of the crime more prosecution proved unlawful entry, it is only a generic
humiliating (US v. Abaigar). aggravating circumstance (not robbery with force upon things).
Rape as ignominy in robbery with homicide. Dwelling and unlawful entry taken separately in murders
o Though it is not specifically enumerated in Article 14, committed in a dwelling
rape, wanton robbery for personal gain, and other Unlawful entry is not aggravating in trespass to dwelling.
forms of cruelties are condemned and their Trespass to dwelling is committed when a private individual
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shall enter the dwelling of another against the will of the latter I. Basis Of Paragraph 20:
and may be committed by means of violence (Art. 280) Means and ways employed to commit the crime.

PAR. 19: THAT AS A MEANS TO THE COMMISSION OF A CRIME, A II. Two Different Aggravating Circumstances In Paragraph 20
WALL, ROOF, FLOOR, DOOR, OR WINDOW BE BROKEN. 1. First one tends to repress the frequent practice resorted to by
professional criminals to avail themselves of minors taking
I. Basis Of Paragraph 19: advantage of their irresponsibility.
Means and ways employed to commit the crime. 2. Second one is intended to counteract the great facilities found
Aggravating circumstance of forcible entry by modern criminals in said means to commit crime and flee
o Cutting of the canvas of the tent where soldiers are and abscond once the same is committed.
sleeping is covered by Paragraph 19 (U.S. v. Matanug).
III. Important Words And Phrases
II. As A Means To The Commission Of A Crime. A. With The Aid Of Persons Under Fifteen Years Of Age
It is not necessary that the offender should have entered the Facts: A caused 14-year-old B to climb the wall of the house of
building. What aggravates the liability of the offender is the C, to enter through the window and steal items. B threw them
breaking of a part of the building as a means to the commission outside and A retrieved them.
of the crime. Held: Par. 20 should be taken as an aggravating circumstance.

III. To Effect Entrance Only B. By Means Of Motor Vehicles
The circumstance is aggravating ONLY in those cases where the Means that the vehicle is used (1) in going to the place of the
offender resorted to any of said means to enter the house. If crime, (2) in carrying away the effects thereof and (3) in
the wall is broken in order to get out of the place, it is NOT an facilitating their escape.
aggravating circumstance. If the motor vehicle was used ONLY in facilitating the escape, it
should NOT be an aggravating circumstance. It should facilitate
IV. Where Breaking Of Door Or Window Is Lawful the commission of the crime.
Rule 113, Section 11 (Revised Rules of Criminal Procedure) An Estafa, which is committed by means of deceit or abuse of
officer may break into any building in making arrests. confidence, cannot be committed by means of motor vehicle.
Rule 126, Section 7 (RCP) An officer may break open any outer Theft, which is committed by merely talking personal property
or inner door or window to execute a warrant. which need not be carried away, cannot be committed by
means of motor vehicles.
PAR. 20: THAT THE CRIME BE COMMITTED (1) WITH THE AID OF Examples of crimes committed by means of motor vehicle
PERSONS UNDER FIFTEEN YEARS OF AGE, OR (2) BY MEANS OF o Forcibly taking and carrying away a woman by means of
MOTOR VEHICLES, AIRSHIPS, OR OTHER SIMILAR MEANS. an automobile is aggravated forcible abduction.

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o When the accused hires a taxi where he stabs his 1. That the injury caused be deliberately increased by causing
victim. other wrong.
2. That the other wrong be unnecessary for the execution of the
C. Or Other Similar Means purpose of the offender.
The expression should be understood as referring to motorized
vehicles or other efficient means of transportation similar to IV. FIRST ELEMENT: Be Deliberately Augmented By Causing Other
automobile or airplane. Wrong.
Vehicles that are motorized (bicycles are not included) This phrase means that the accused at the time of the
commission of the crime had deliberate intention to prolong
PAR. 21: THAT THE WRONG DONE IN THE COMMISSION OF THE the suffering of the victim.
CRIME BE DELIBERATELY AUGMENTED BY CAUSING OTHER WRONG
NOT NECESSARY FOR ITS COMMISSION. V. SECOND ELEMENT: Other Wrong Not Necessary For Its
Commission
I. Basis Of Paragraph 21: Facts: A and B struck C with their guns to make him point the
Ways employed in committing the crime. place where he was keeping his money.
Held: There was other wrong but it necessary for the
II. Cruelty: commission of the crime of robbery. No cruelty.
When the culprit enjoys and delights in making his victim suffer
slowly and gradually, causing him unnecessary physical pain in VI. Cruelty refers to physical suffering of victim purposely intended by
the consummation of the criminal act. offender
It is essential that the wrong done was intended to prolong the This requires deliberate prolongation of the physical suffering
suffering of the victim. of the victim.
Test: whether accused deliberately and sadistically augmented Cruelty cannot be presumed.
the wrong by causing another wrong not necessary for its
commission or inhumanly increased the victims suffering or A. When The Series Of Acts Causing Unnecessary Sufferings Of Victim
outraged or scoffed at his person or corpse. Took Place In Rapid Succession, There May Be No Cruelty
o People v. Sitchon where bad common-law dad beat The mere fact of inflicting various successive wounds upon a
to death his 2-year old son for spreading his poo person in order to cause his death, no appreciable time
around the floor. The Court did not consider cruelty intervening between the infliction of one wound and that of
because no proof that common-law dad enjoyed the another to show that the offender wanted to prolong the
beating. suffering of the victim, is NOT sufficient for taking this
aggravating circumstance into consideration.
III. Elements Of Cruelty: Chopping off the head of the victim is cruelty.

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B. Plurality Of Wounds Alone Does Not Show Cruelty If the robbery with the use of force upon things is committed in
In the absence of a showing that the other wounds found on an uninhabited place (Art 300)
the body of the victim were inflicted to prolong his suffering
before the fatal wound was dealt, it cannot be concluded that CLASS DISCUSSION
cruelty was duly proven. Par. 18:
If the entry was gained by unhinging the door the home. Would
C. No Cruelty When Other Wrong Was Done After The Victim Was that constitute unlawful entry under Par.18? Or would it
Dead constitute forcible entry under Par.19?
For cruelty to be appreciated, it must be proven that the
wounds were inflicted while the victim was still alive in order to
prolong physical suffering.

VII. Ignominy Distinguished From Cruelty

Ignominy Cruelty
Moral suffering Physical suffering

Rapes, Robbery And Other Forms Of Cruelties Are Aggravating
Circumstances Of Ignominy And Cruelty In Treason
Rapes, wanton robbery for personal gain, and other forms of
cruelties are condemned and their perpetration will e regarded
as aggravating circumstances of ignominy and of cruelty.

Aggravating circumstance peculiar to certain felonies.
Nighttime peculiar in violation of domicile (Art 128)
When direct assault is committed with a weapon or by a public
officer or when the offender the offender lays hands upon a
person in authority (Art 148)
Cruelty peculiar in slavery (Art 272)
When grave threats be made in writing or through a
middleman (Art 282)
When robbery with violence against or intimidation of persons
(except robbery with homicide or rape) is committed in an
uninhabited place or by a band (Art 295)
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CHAPTER 5: ALTERNATIVE CIRCUMSTANCES 2. Intoxication
3. Degree of Instruction and education of the offender
Article 15. Their concept.
Alternative circumstances are those, which must be taken into FIRST ALTERNATIVE CIRCUMSTANCE: RELATIONSHIP
consideration as aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending its I. When Considered
commission. They are the relationship, intoxication and the degree of The alternative circumstance of relationship shall be taken into
instruction and education of the offender. consideration when the offended party is:
1. Spouse
The alternative circumstance of relationship shall be taken into 2. Ascendant
consideration when the offended party in the spouse, ascendant, 3. Descendant
descendant, legitimate, natural, or adopted brother or sister, or 4. Legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the offender. 5. Relative by affinity in the same degree of the offender
Other relatives included
The intoxication of the offender shall be taken into consideration as a 6. Stepfather or stepmother and stepson or stepdaughter
mitigating circumstances when the offender has committed a felony included by analogy as similar to that of ascendant and
in a state of intoxication, if the same is not habitual or subsequent to descendant.
the plan to commit said felony but when the intoxication is habitual o Generally, for a step relationship to exist, the step-
or intentional, it shall be considered as an aggravating circumstance. parent and the biological parent of the child must be
legally married.
POINTS o HOWEVER, Article 266-B includes common-law
spouses. This is but a special qualifying circumstance.
I. Alternative Circumstances 7. Adoptive parent and adopted child similar to ascendant and
Definition: Those which must be taken into consideration as descendant.
aggravating or mitigating according to the nature and effects of BUT uncle, niece and cousin are not covered.
the crime and other conditions attending its commission.
Always generic II. When Mitigating And When Aggravating
A. Mitigating
II. Basis: General Rule: the relationship is mitigating in crimes against
The nature and effects of the crime and the other conditions property:
attending its commission. o Robbery (Article 294-302)
o Usurpation (Article 312)
III. The Alternative Circumstances Are: o Fraudulent insolvency (Article 314)
1. Relationship o Arson (Article 321-322, 325-326)
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Relationship is mitigating in trespass to dwelling If the crime against persons is any of the serious physical injuries, the
o Where the son-in-law believing his wife to be at her fact that the offended party is a descendant of the offender is NOT
fathers house attempted to force an entry, mitigating.
relationship is mitigating. When the crime against the persons is any of the serious
physical injuries (Article 263), even if the offended party is a
B. Aggravating descendant of the offender, relationship is aggravating.
General Rule: It is aggravating in crimes against persons in o Article 263 provides a higher penalty for the
cases where the offended party is a relative of a higher degree commission of serious physical injuries against persons
than the offender, or when the offender and the offended enumerated in Article 264 (father, mother, or child
party are relatives of the same level, as killing a brother, whether legitimate or illegitimate, any of his
brother-in-law, a half-brother, or adopted brother. ascendants or descendants, or spouse).
In crimes against chastity, relationship is always aggravating. When the crime is less serious physical injuries or slight physical
o In crimes against chastity, like acts of lasciviousness, injuries, the ordinary rule applies.
relationship is always aggravating, regardless of o Mitigating if the offender is of lower degree.
whether the offender is a relative of a higher or lower o Aggravating if the offender is of higher degree.
degree of the offended party. BUT when the crime against persons is homicide or murder,
o This is because of the nature and effect of the crime relationship is aggravating even if the victim of the crime is a
committed. However, the rule may differ depending on relative of lower degree.
attending circumstances. o Relationship is aggravating when the stepmother killed
US v. Ancheta brother-in-law killed due to her stepdaughter (People v. Portento).
his adulterous relationships with the wife of Relationship is neither mitigating nor aggravating, when relationship
the accused relationship mitigating although is an element of the offense.
the general rule is that such relationship is Parricide, adultery, concubinage.
supposed to be aggravating.
US v. Velarde with the desire to subdue his C. Exempting
brother-in-law who was then suffering an Accessories are exempted (Article 20)
attack of insanity, accused struck him with a Legally married spouse catching spouse having sex with
club and exceeded the limits of his discretion in another (Article 247)
the heat of the struggle relationship is No criminal but only civil liability shall result from the
mitigating. commission of the crime of (1) Theft, (2) Swindling (3) Malicious
In child abuse cases, relationship is aggravating because of mischief, if committed or caused mutually by spouses,
Section 31(c) of Republic Act No. 7610. ascendants, descendants, or relatives by affinity in the same
line; brothers and sisters and brothers-in-law and sisters-in-law,
if living together (Article 332).
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Relatives who are accessories in the Human Securities Act III. Important Words And Phrases
except hose who profited (Section 6, Republic Act No. 9372). A. When The Offender Has Committed A Felony In A State Of
Theft with falsification? ABANGAN Intoxication
For an accused to be entitled to the mitigating circumstance of
SECOND ALTERNATIVE CIRCUMSTANCE: INTOXICATION intoxication, it must be shown that (a) at the time of the
commission of the criminal act, he has taken such quantity of
I. Reasons For The Alternative Circumstance Of Intoxication alcoholic drinks as to blur his reason and deprive him of a
As a mitigating circumstance, it finds its reason in the fact that certain degree of control and (b) that such intoxication is not
when a person is under the influence of liquor, his exercise of habitual, or subsequent to the plan to commit the felony.
will power is impaired. Accuseds state of intoxication must be proved.
As an aggravating circumstance, because it is intentional, the o Once intoxication is established by satisfactory
reason is that the offender resorted to it in order to bolster his evidence, absent contrary proof it is presumed to be
courage to commit a crime. non-habitual or unintentional.
o It is aggravating when habitual because the constant Drunkenness must affect mental faculties
use of intoxicating liquor lessens the individual o The RPC says nothing about the degree of intoxication
resistance to evil thoughts and undermines the will needed to mitigate; but obviously to produce such
power making himself a potential evildoer against effect, it must diminish the agents capacity to know
whose activities, society has the right for its own the injustice of his acts,a nd his will to act accordingly.
protection to impose a more severe penalty.
B. When The Intoxication Is Habitual
II. When Mitigating And Aggravating A habitual drunkard is one given to intoxication by excessive
General Rule: use of intoxicating drinks. The habit should be actual and
o Mitigating: (1) if intoxication is not habitual or (2) if confirmed.
intoxication is not subsequent to the plan to commit o Unnecessary that such habit is daily).
the felony.
Under Republic Act No 9262 (Anti-Violence C. Or Subsequent To The Plan To Commit A Felony
Against Women and their Children Act of Even if intoxication is not habitual, it is aggravating when
2004), intoxication may not be used as a subsequent to the plan to commit the crime.
defense by the accused, but may it be Evidence for intoxication to be aggravating
mitigating? o Evidence that the intoxication was habitual, intentional
o Aggravating: (1) if intoxication is habitual; or (2) if it is or subsequent to the plan to commit the felony must
intentional (subsequent to the plan to commit a be proved by the prosecution.
felony).

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THIRD ALTERNATIVE CIRCUMSTANCE: DEGREE OF INSTRUCTION AND o Exception: treason, murder, crimes against chastity,
EDUCATION OF THE OFFENDER crimes against property such as estafa, theft, robbery,
arson.
I. When Mitigating And Aggravating o The exception to the exception depends on attending
Low degree of instruction and education or lack f it is generally circumstances.
mitigating. High degree of instruction and education is Murder mitigated by low degree of instruction
aggravating, when the offender avails himself of his learning in because it caused accused to believe in
committing the crime. witchcraft (People v. Laolao).
If crime is basically wrong, like parricide, robbery or rape, it is
immaterial whether the offender is schooled or not. Its not B. High Degree Of Instruction As Aggravating
mitigating. General Rule: High degree of learning may be aggravating,
o BUT SEE People v. Limaco where dude butchered his never mitigating.
kids and he only finished grade 1. Court considered Degree of instruction is aggravating when the offender availed
mitigating. And People v. Ramos where robbers killed a himself or took advantage of it in committing the crime.
96-year-old man. Court considered lack of education o The high degree of learning should be taken in relation
mitigating. Both are unusual cases. to the crime committed whether his education puts
him into a better position than the ordinary offenders.
A. Lack Of Instruction As Mitigating Example:
General Rule: Low degree of learning may be mitigating, never o Doctor using his knowledge prepared a certain kind of
aggravating. poison that would avoid detection would make his
Article 15 applies only to him who really has not received any education an aggravating circumstance. In contrast, if a
instruction. lawyer punches an annoying person, high degree of
o It is not illiteracy alone but the lack of intelligence of learning should not be considered aggravating.
the offender that is considered. o High degree of learning should also not be considered
Lack of sufficient intelligence is required in illiteracy. aggravating for abortion practiced by a physician or
o Lack of sufficient instruction is not mitigating when the midwife, since their skills are already inherent in that
offender is a city resident who knows how to sign his crime.
name (People v. Cabrito).
Lack of instruction must be directly and positively proved by OTHER MATTERS
the defense.
The question of lack of instruction cannot be raised for the first I. Non-Habitual Intoxication, Lack Of Instruction And Obfuscation Are
time in the appellate court. Not To Be Taken Separately
Ordinarily mitigating in all crimes As non-habitual intoxication implies a disturbance of the
reasoning powers of the offender, his lack of instruction cannot
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have any influence over him, and obfuscation which has the
same effect on his reasoning powers cannot be considered
independently of non-habitual intoxication.

CLASS DISCUSSION
Situationers
Member of a cultural minority gets coconuts from what he
believes is part of his ancestral domain. However, the land was
titled to someone else. Is low degree of education mitigating?
Accountant took a chance to get more petticash than was
actually asked by his/her boss. Did she take advantage of her
position?
o Possible answer: She wouldnt have been entrusted
with all these things if she wasnt an accountant.
Position of financial adviser could be aggravating.

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TITLE II: PERSONS CRIMINALLY LIABLE FOR attempted or frustrated stage of execution. Only principals and
accomplices are liable for light felonies (Article 7).
FELONIES 3. Only principals and accomplices are liable for light felonies
(Article 16).
Article 16. Who are criminally liable. 4. Accessories are not liable for light felonies even if they are
The following are criminally liable for grave and less grave felonies: committed against persons or property (Article 16).
1. Principals
2. Accomplices IV. Active Subject And Passive Subject Of Crime
3. Accessories A. Active Subject (Criminal)
The following are criminally liable for light felonies: Only natural persons can be the active subject of crime because
1. Principals of the highly personal nature of the criminal responsibility.
2. Accomplices o Only natural persons because he along by his act can
set in motion a cause of by his inaction make possible
POINTS the completion of a modification of the external world.
o Only natural persons can act with malice.
I. Treble Of Division Of Persons Criminally Liable o Juridical persons cannot commit crimes with willful
The treble division of persons criminally liable for an offense purpose or malicious intent.
rests upon the very nature of their participation in the o Penalties consisting in imprisonment or deprivation of
commission of the crime. liberty can only be executed on natural persons
When a crime is committed by many, without being equally Juridical persons, however, are criminally liable under certain
shared by all, a different degree of responsibility is imposed special laws.
upon each and every one of them. In that case, they are o Officers, not the corporation, are criminally liable.
criminally liable either as principals, accomplices or accessories. General Rule: a director or other officer of a
corporation is criminally liable for his acts
II. Accessories Are Not Liable For Light Felonies though in his official capacity, if he participated
Reason: in the commission of light felonies, the social wrong as in the unlawful act either directly or as an
well as the individual prejudice is so small that penal sanction is aider, abettor or accessory, but is not liable
deemed not necessary for accessories. criminally for the corporate acts performed by
other officers or agents thereof.
III. Rules Relative To Light Felonies: It is a settled rule that since a corporation can
1. Light felonies are punishable only hen they have been only act through its officers and agents, the
consummated (Article 7). president or manager can be held criminally
2. But when the light felonies are committed against persons or liable for the violation of a law by the entity.
property, they are punishable even if they are only in the
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o However, if the law provides a penalty for the o Exception: Under Republic Act No. 9851 (Genocide
corporation, it may be punished even though the crime Law), the superiors are liable for the acts of their
was perpetrated through its agents. subordinates.
o Exception: The Anti-Torture Act contains a similar
B. Passive Subject (Injured Party) provision. Under it, senior officers who give order to
The passive subject of a crime is the holder of the injured right: their minions to torture people are liable as principals.
the man, the juristic person, and the state.
General Rule: Corpse or animal cannot be passive subject. As Article 17. Principals.
such, the dead and animals have no rights that may be injured. The following are considered principals:
o Exception: Article 353, the crime of defamation may be 1. Those who take a direct part in the execution of the act;
committed if the imputation tends to blacken the 2. Those who directly force or induce others to commit it;
memory of one who is dead. 3. Those who cooperate in the commission of the offense by
another act without which it would not have been
V. Anti-Hazing Law (Republic Act No. 8094) accomplished.
A. Principals
Those who actually participated in the hazing. POINTS
Parent of a frat/sorority member who owned the place where
the hazing occurred, knew of it but still did not do anything to I. Two Or More Persons Participating In The Crime
stop it. Single individual committing a crime is always a principal by
Officers, former officers, alumni who planned it, even if they direct participation (take direct part in the execution of the
werent there. act).
Fraternity or sorority advisor who was present but didnt stop (Par 1.) Principal by direct participation
it. (Par 2.) Principal by induction
Anyone present who did not prevent it. (Par 3.) Principal by indispensible cooperation

B. Accomplices II. Difference Between A Principal Under Any Of The Three Categories
Owner of the place where the hazing occurred and who knew Enumerated In Article 17 And A Co-Conspirator
of the hazing and did not stop it. Principal in Article 17: criminal liability is limited to his own acts
School authorities who actually knew and consented to it. Co-conspirator: (His) responsibility includes the acts of his
fellow conspirators (People v. Peralta)
VI. Command Responsibility
A. Philippine Context PAR 1: THOSE WHO TAKE A DIRECT PART IN THE EXECUTION OF THE
General Rule: There is not command responsibility in Philippine ACT. (PRINCIPALS BY DIRECT PARTICIPATION.)
law.
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I. Take A Direct Part In The Execution Of The Act. A conspiracy exists when two or more persons come to an
Principal by direct participation personally takes part in the agreement concerning the commission of a felony and decide
execution of the act constituting the crime. to commit it (Article 8, Paragraph 2).
o Example: One who shoots at and kills another The conspiracy in this first requisite is not a felony but only a
(homicide) or one who burns the house of another manner of incurring criminal liability.
(arson) personally executes the act of killing another or To be a party to a conspiracy, one must have the intention to
the act of burning the house of another. participate in the transaction with a view to the furtherance
The one who orders or induces another to commit a crime is a of the common design and purpose.
principal by induction while the other who follows the order o To hold an accused guilty as co-principal by reason of
and executes the act constituting the crime is a principal by conspiracy: it must be established that he performed
direct participation. (People v. Lao) an overt act in furtherance of the conspiracy either by
Two or more offenders as principals by direct participation. actively participating in the actual commission of the
Two or more persons may take direct part in the execution of crime or by lending moral assistance to his co-
the acts constituting crime principals by direct participation. conspirators by his presence at the scene of the crime
or by exerting moral ascendancy over the rest of the
II. Elements For Two Or More Persons To Be Considered As Principals conspirators to move them into executing the
By Direct Participation: (co-principals) conspiracy. (People v. Cortez)
1. That they participated in the criminal resolution; o Mere knowledge, acquiescence or approval of the act
2. That they carried out their plan and personally took part in its without cooperation or agreement to cooperate not
execution by acts which directly tended to the same end. enough to constitute one party to a conspiracy there
must be intentional participation in the transaction
III. FIRST ELEMENT: Participation In The Criminal Resolution. with a view to the furtherance of the common design
Usually, this points to a conspiracy. BUT it is also possible that and purpose. (People v. Izon)
there is no conspiracy between the actors. Silence does not make one a conspirator.
o They will only be liable for their own/individual actions. o Silence is not a circumstance indicating participation in
Two ore more persons are said to have participated in the the same criminal design. (People v. Gensola)
criminal resolution when they were in conspiracy at the time of Conspiracy transcends companionship.
the commission of the crime. o The fact that the two accused may have happened to
o When there has been conspiracy or unity of purpose leave together, and one of them left a closing warning
and intention in the commission of the crime a to the victim, cannot instantly prove a finding of
person may be convicted for the criminal act of conspiracy. (People v. Padrones)
another. Participation in the criminal resolution essential.
o It is not enough that a person participated in the
A. Conspiracy. assault made by another in order to consider him a co-
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principal in the crime committed. He must also that caused Bancoyos death. Also,
participate in the criminal resolution of the other. barely a few seconds elapsed which
o Cooperation which the law punishes: assistance which interval in insufficient to give rise to
is knowingly or intentionally given and which is not the criminal agreement.
possible without previous knowledge of the criminal In the absence of a previous plan or agreement to commit a
purpose (People v. Cruz) crime, the criminal responsibility arising from different acts
People v. Ortiz and Zausa directed against the same person is individual and not
Facts: Bancoyo (deceased) and Ortiz collective each of the participants is liable only for the acts he
have known each other for a long time committed.
because their wives were sisters. After o United States v. Reyes and Javier There was no
gathering corn from the fields, Bancoyo concerted action between Javier and Reyes even
asked Ortiz from outside his house for though Javier was holding the offended party and
some water but Ortiz said that they Reyes suddenly and unexpectedly inflicted mortal
couldnt give him water because they wounds on said offended party. It was held that Javier
had none. Bancoyo asked again to was neither a principal nor an accomplice of the crime
which Ortiz replied that they had no of homicide convicted of Reyes because he had no
water so he cannot compel them to reason to believe that Reyes would do a homicidal
give him some water and immediately attack and that in holding the off. Party he was
descended from his house carrying a voluntarily cooperating therein
shotgun and pointed it at Bancoyo. o In cases above: no anterior conspiracy = no unity of
Bancoyo, seeing the aggressive attitude purpose and intention immediately before the
of Ortiz, flung himself over Ortiz and commission of the crime; their criminal responsibility is
they struggled for the weapon. Zausa, individual
when she saw this, was inside the In the absence of concerted action pursuant to a common
house and grabbed her spear and criminal design, each of the accused responsible only for the
rushed outside and attacked Bancoyo consequences of his own acts.
by stabbing him on the left side of his o Araneta, Jr. v. Court of Appeals The accused who
abdomen and his intestines protruded. inflicted the mortal wound was held guilty of murder
Bancoyo died of peritonitis that night. while the other assailants are only guilty of slight
Held: Ortiz should be acquitted physical injuries/less serious physical injuries.
because he did not take part in the
attack of Zausa because it appears that B. Existence Of Conspiracy
there was no plan or agreement Existence of conspiracy does not require an agreement for an
between them to carry out the attach appreciable length of time prior to the execution of its purpose.
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o From the legal viewpoint, conspiracy exists if at the acquaintance among themselves sufficient that their
time of the commission of tzhe offense the accused minds meet understandingly to bring about an
had the same purpose and were united in its execution intelligent and deliberate agreement to commit the
(People v. Binasing). offense charged.
Conspiracy arises on the very instant that the plotters agree o Sufficient that at the time of the aggression all accused
expressly or impliedly to commit the felony and forthwith manifested in their acts a common intent or desire to
decide to pursue it. each and everyone of the conspirators is attack to so that the act of one becomes the act of all
made criminally liable for the crime actually committed by (People v. Gupo).
anyone of them (People v. Monroy). o Conspiracy need not be proved by direct evidence
(need not be shown that the parties actually came
C. Proof Of Conspiracy together and agreed in express terms to enter into and
Direct evidence of conspiracy: interlocking judicial confessions pursue a common design) can be inferred from proof
of several accused and the testimony of one accused who is of facts and circumstances when taken together
discharged and made a witness against his co-accused who did indicate they are parts of a complete whole
not make any confession. o Examples:
o In the absence of any collusion among the declarants, Two or more persons aimed at the
their confessions may form a complete picture of the accomplishment of the same unlawful object,
whole situation and may be considered collectively as each doing a part so that their acts even
corroborative and/or confirmatory of the evidence though apparently independent were
independent therefrom (People v. Castelo) connected and cooperative, showing a
o Two or more extrajudicial confessions given separately, closeness of personal assoc. and concurrence
untainted by collusion, and which tally with one of sentiment a conspiracy may be inferred
another in all material respects, are admissible as though no actual meeting among them is
evidence of the conspiracy of the declarants. (People v. proved (People v. Mateo)
bernardo) People v. Garduque All the accused were
o To establish conspiracy, it is not essential that there be already armed when they met, they went
proofs to the previous agreement and decision to together in a jeep to the house where they
commit the crime it is sufficient that the malefactors robbed the offended party and raped his maids
shall have acted in concert pursuant to the same their conspiracy is implied even though some
objective. (People v. San Luis) of the accused were only there to show the
Formal agreement or previous acquaintance among several location of the house
persons not necessary in conspiracy. People v. Catubig Offenders were all present
o In conspiracy, no formal agreement among the at the scene of the crime, acted in concert in
conspirators is necessary, not even previous attacking, assaulting, beating, chasing, and
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stabbing the victims and robbing them then o People v. Madera Two appellants not co-principals
fleeing going to their separate ways they nor accomplices they were not armed, did nothing to
showed through their concerted actions that help co-appellant, mere passive presence at scene of
they acted in unison and cooperated with each the crime (they were just standing behind co-appellant
other to accomplish a common felonious when he shot victim)
purpose (to rob victims) Conspiracy shown by circumstances.
Conspiracy must be established by positive and conclusive o People v. Vinas Brothers Nelson and Norman Vinas
evidence. conspired to carry out the killing even though it was
o While conspiracy may be implied from circumstances only Norman who had a grudge against the deceased
attending the commission of the crime, it is because Nelson assaulted the deceased and they both
nevertheless a rule that conspiracy must be established told Sumpay their plan to kill Varela.
by positive and conclusive evidence (People v. Ancheta) o People v. Manzano A community of design to kill:
o Proof beyond reasonable doubt = degree of proof to three brothers and nephew avenged their father (or
prove conspiracy (same as degree of proof to establish grandfather) showing concerted actions in committing
the crime); it must be established by positive and the crime
conclusive evidence; conspiracy cannot be appreciated o People v. Saliling The four appellants were linked to
when facts are consistent with the non-participation of each other by friendship or some sort of relationship =
the accused in the fancied cabal (People v. Furugganan) conspiracy (They all had a specific role in the
o Mere presence at the scene of the crime at the time of commission of the crime)
its commission is not by itself sufficient to establish o People v. Umbrero Conspiracy may be shown by the
conspiracy (People v. Tacca) appellants actuations immediately prior to, during, and
No conspiracy, as shown by the acts of the defendant. right after the shooting of the victim
o People v. Quiosay Appellant stabbed the deceased o People v. Timbol Three accused arrived together at
once on the arm and ran away and his brother was the the Pasudeco offices. They menacingly demanded
one who cut off the deceaseds head. Appellant is approval of their 60-40 share of the mill denied by the
answerable only for his individual act there was no Board of Directors of Pasudeco. They shot Pres. De Leo,
conspiracy because he didnt stay to liquidate the Gonzales (of Pasudeco) and Capt. Olivas (peace officer)
deceased with his brother. and fled the scene together. The Supreme Court held
o People v. Lacao Spontaneity of respective reactions that circumstances demonstrate conspiracy when the
of several accused, resulting in an attack where they all accused have all met together days before the crime.
participated, rules out the existence of conspiracy. Conspiracy is implied when the accused had a common
Respective liabilities shall be determined by the nature purpose and were united in its execution.
of their individual participations in the felonious act. o People v. Damaso Facts: The deceased slapped the
(Two of which are only liable as accomplices.) face of one of the three appellants in front of a
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carinderia. The appellants boarded a taxi and borrowed o No participation in the criminal design when the act of
a gun of a security guard at Greenhills and came back one came so close upon the heels of that of the other.
to the carinderia where the deceased was shot by one Reason: He had no time to see that the other
of the appellants from inside the taxi. Afterwards, the intended to case the deceased the wound he
three returned the weapon and proceeded to the did (People v. Manalo)
headquarters of the Rizal Security and Protective Simultaneity per se is not a badge of conspiracy
Agency. Held: There is unity of purpose and unity of if the requisite concurrence of wills is absent. It
execution establishing conspiracy. is not sufficient that the attack is joint and
o People v. Delgado Community of purpose on part of simultaneous; it is necessary that the assailants
three accused inferable from the circumstances: they are animated by one and the same purpose.
came together to the scene of the occurrence and they in situations where assaults are not
each acted against the victim then left together to the simultaneous but instead successive, greater
house of another person, leaving the victim proof is needed to establish concert of criminal
unconscious on the ground. design (People v. Tividad)
o Examples:
D. Unity Of Purpose And Intention In The Commission Of The Crime Is People v. Macabuhay Facts: A, B, C, D, and E
Shown In The Following Cases: (Evidences Of Joint Responsibility) were in Fs house. Someone threw a stone at
1. Spontaneous agreement at the moment of the commission of that house. All 5 went to Gs house 40 yards
the crime sufficient to create joint responsibility. away to avenge the stone-throwing. They
o Example: Acceptance of two accused of the challenge suspected the deceased who was in Gs house
posted by the deceased and their concert attack on the to be the stone-thrower and they seized him
same clearly showed a community of purpose and and E stabbed him. Held: A, B, C, D, E all liable
design. (People v. Ibanez) as principals by direct participation for death of
2. Active cooperation by all the offenders in the perpetration of deceased same motive: avenge stone-
the crime. throwing.
o Example: A struck deceased, B whipped lips of People v. Cruz, Jr. Conspiracy was well-
deceased, C seized deceaseds left hand while D held established: one of the appellants companions
the right, E stabbed deceased with knife. announced the holdup while the appellant and
Held: No proof of anterior conspiracy but the manner his other companions proceeded to rob the
in which accused cooperated in the perpetration of the victims.
homicide shows they were moved by a common motive People v. Carpio Conspiracy manifested in
and their intention was to kill deceased the coordinated acts of the assailants: one held
Dissenting: Only individual responsibility in this case for hand of victim, another stabbed him, third gave
only E gave the fatal blow
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fist blows and the first one finally shoots determined instigators who induced the former to
deceased commit it, while the remainder cooperated in the same
3. Contributing by positive acts to the realization of a common by their presence and lending their moral support. all
criminal intent. are thus directly responsible for the consequences and
o People v. Agbuya Facts: Family feud between Palisoc incidents of the same
(family of C = deceased) and Agbuya (family of A and D o U.S. v. Santos Facts: A band of 25 men captured
= accused) American soldiers and detained them somewhere. The
Held: Homicide was committed by the act of the one of soldiers were killed by some of the members of the
the two accused in shooting the deceased with a gun band in front of the accused.
which was given by the co-accused, his father, and Held: It is if no importance that the accused did not
where it also appeared that the latter contributed to himself strike the blow or blows by which the prisoners
the commission of the homicide by various other were killed. It is sufficient that he was present at the
significant acts both father and son were properly place of the commission of the act, augmenting with his
convicted as principals in the crime. There was arms and presence the power of the band, thus aiding
common criminal intent in the case because father and the common act of all he was considered as a
son took common cause (family feud) principal by direct participation in the crime
o People v. Mancao Wounds which caused deceaseds prosecuted.
death were not inflicted by Mancao himself but by co- o Conspiracy is presumed when the crime is committed
accused Aguilar but Mancao having been the instigator by a band. A band raises the presumption of a previous
and aggressor by calling his harvesters to his aid (one of understanding between one offender and the others
which was Aguilar) and wanting them to carry out the who formed the band; accused lent his thought and
criminal act started by him Mancao is not only liable action for the realization of the criminal object
for his own acts but also for the acts of those who increasing the offensive strength of said band.
aided him. Mancao contributed the following positive U.S. v. Asilo Accused was a member of a
acts: Being the instigator, the aggressor and calling his band that went to the house of the deceased to
harvesters. kill him. Even if there was no evidence that the
4. Presence during the commission of the crime by a band and accused fired a shot at the deceased, he is still
lending moral support thereto, also create joint responsibility liable for homicide.
with the material executors. People v. Bazar Robbery was committed by
o U.S. v. Ancheta There were 7 defendants in this a band: all the members of the band are
case. Held: All of them previously concerted action, presumed to be conspirators or co-principals
met together and witnessed the capture and later, the also in the assaults committed by the band in
violent killing of the deceased. Some took a direct part the absence of a showing that appellants
in the actual commission of the crime, others were attempted to prevent the killing of the victim
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they are equally guilty of his death at the hands for serious physical injuries only because there was no
of their companions. competent proof that the three policemen intended to
o Exception: U.S. v. Fresnido When at the start of the kill Guarino no conspiracy or unity of purpose and
encounter the accused fled from the scene of the fight intention among them plus Chief Castillo. The three did
between the constabulary and the insurgent band he not participate in the shooting by Castillo and could not
is not criminally liable have stopped it even if they wanted to because Chief
5. Where one of the accused knew of the plan of the others to Castillo just drew out his gun and fired.
kill the two victims and he accepted the role assigned to him, In homicide, immediate participation in the criminal design
which was to shoot one of the victims, and he actually entertained by the slayer, is essential to the responsibility of
performed that role, he is a co-principal by direct participation one who is alleged to have taken a direct part in the killing even
in the double murder (People v. De La Cruz). if he has not himself inflicted an injury materially contributing
to the death (People v. Tamayo)
E. There May Be Conspiracy Even If There Is No Evident Premeditation
On The Part Of The Accused G. Liability Of Participants Where There Is Conspiracy
Even if appellants were unarmed, which may indicate lack of When there is conspiracy, the act of one is the act of all.
evident premeditation, this does not necessarily negate the Collective criminal responsibility
existence of conspiracy because conspiracy does not U.S. v. Bundal Defendants after conspiring together to kill
necessarily require an agreement for an appreciable time prior deceased, went to his house for purposes of carrying out their
to the occurrence. intent and prepared to cooperate to that end (even though
o See People v. Binasing. having different roles in the commission) all will be held equally
guilty as principals irrespective of the individual participation of
F. When There Is No Conspiracy, Each Of The Offenders Is Liable Only each in the material act of the murder
For The Act Performed By Him Conspiracy adequately proven = all conspirators liable as co-
People v. Castillo principals. The degree of actual participation by each of the
o Facts: Guarino was quarreling with Terencia and conspirators is immaterial. As conspirators, each is equally
policeman Machica tried to stop them. Guarino responsible for the acts of their co-conspirators. (People v. De
stabbed Machica instead. Then Policeman Campos was la Cruz)
able to bring Guarino to the municipal building where Where there is conspiracy to commit a felony, all the
another Policeman Boco hit Guarino. Chief of Police conspirators are liable for its consequences.
Castillo came and shot to death Guarino in front of the o People v. Villamora There was no conspiracy to kill
three policemen Machica, Campos, and Boco (who all deceased and Barauel only hit him with an iron bar.
had inflicted serious physical injuries to Guarino) Held: Since there was conspiracy to punish Acuna, with
o Held: Only Chief Castillo was guilty of murder qualified resulted to his death, ALL the conspirators are
by treachery. Machica, Campos, and Boco were liable responsible for the consequences that arose from the
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punishment. Note: The ruling is in accordance with the with increased numbers continue the assault are
provision of Article 4, paragraph 1, of the RPC. liable for manslaughter when the victim is killed by a
Conspiracy may cover persons previously undetermined. knife wound inflicted by one of them during the
o If it appears that there was a general plan to kill anyone beating, although in the beginning they did not
who might put up violent resistance, then the accused contemplate the use of a knife
are liable for all the natural and inherent consequences o People v. Espiritu Four assailants acted in
of such plan (People v. Timbol) conspiracy, pretended to look for a lost carabao in
Bernardos house and then killed him. As conspirators,
H. Liability Of A Conspirator For Another Conspirators Acts Which they are each liable for the attack on Bernardo,
Differ Radically And Substantially From That Which They Intended To regardless of who actually pulled the trigger or wielded
Commit. the club that killed him
Conspirator should necessarily be liable for the acts of another Liability of offenders in robbery if committed by a band: any
conspirator even though such acts differ radically or member of a band (at least four armed men) is liable for any
substantially from that which they intended to commit. (People assault committed by the other member of the band, unless it
v. Enriquez) be shown that he attempted to prevent the same. (Article 296
Boyd v. U.S. Wound made with the knife on leg of person of Revised Penal Code)
assaulted was the primary cause of death and the author of this A conspirator is not liable for anothers crime which is not an object of
injury has not been identified (the attorneys of the accused the conspiracy or which is not a necessary and logical consequence
defended that the infliction of injury by means of a cutting thereof.
instrument was not within the scope of the agreement and that People v. Umali Only the Huks (allies of defendant Umali)
the one who should be held liable is the one who inflicted the committed robbery which was NOT an object of the conspiracy.
wound). Held: The Court did not agree. Accused had Held: Defendant Umali not liable for robbery BUT liable for
undoubtedly conspired to do so grave personal injury to the sedition, arson, and murder the objects of the conspiracy
deceased which have resulted in death, the accused cannot Other defendants not held liable for the killings of persons not covered
escape from the legal effects of their acts that a wound was by the conspiracy.
inflicted in a different way from that which they intended. People v. De la Cerna Appellant cannot be held liable for the
As has been said by the U.S. Supreme Court: If a number of killing od the deceased (Cabizares) even though there was a
persons agree to commit, and enter upon the commission of a conspiracy between him and his co-conspirator because the
crime which will probably endanger human life such as robbery, conspiracy was to kill Rafael only and no one else.
all of them are responsible for the death of a person that The rule has always been that co-conspirators are liable only
ensues as a consequence for acts done pursuant to the conspiracy.
o U.S. v. Patten Conspirators who join in a criminal For other acts done outside the contemplation of the co-
attack on a defenseless man with dangerous weapons conspirators or which are not necessary and logical
victim knocked down tries to escape pursues him
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consequences of the intended crime, only the actual responsible for all the acts of others done in furtherance of the
perpetrators are liable. conspiracy) The degree of actual participation is immaterial.
When the conspirators selected a particular victim and another (People v. Maranion)
person was killed by one of them, only that conspirator who When there is conspiracy, the fact that an element of the offense is
killed another person is liable. not present as regards one of the conspirators is immaterial.
Versus People v. Enriquez & People v. Rosario Conspirators U.S v. Hernandez Complex crime of seduction by means of
are liable for the acts of another conspirator even though such usurpation of official functions; One of the accused pretended
acts differ radically and substantially from that which they to be a minister and fake-married the other accused with a girl
intend to commit (in accordance to provision of Article 4 in order for the girl to have marital relations with the other
paragraph 1 of RPC) accused
A person in conspiracy with others, who had desisted before the crime Held: Element of performance of official functions was present
was committed by the others, is not criminally liable. with accused only. But the other accused was sentenced to the
People v. Timbol Appellant was a member of the conspiracy penalty for and the same crime complexed with seduction
but desisted before the crimes were committed (left the which he actually committed.
Pasudeco offices long before killings took place)
Held: Appellant Dalmacio Timbol is not criminally liable. All are liable for the crime of abduction, even if only one acted with
Conspiracy alone without the execution of its purpose is not a lewd designs.
crime punishable by law except in special instances (Article 8) Essential element of the crime of abduction: lewd designs on
People v. Mappala An act of a conspirator who ran away as the part of the offender (Article 342 forcible abduction;
soon as the aggression was started by his co-conspirators, and Article 343 consented abduction)
called for help of other people who responded is an act of People v. Loyola Canaria conspired with Loyola to forcibly
desistance which removes the case from the established rule abduct Caridad and Canaria made positive over acts necessary
that the act of one is the act of all. to the realization of the abduction
When there is conspiracy, it is not necessary to ascertain the specific Held: Even though Loyola alone acted with lewd designs,
act of each conspirator. Canaria was still liable for abduction because in a conspiracy
It is not necessary to ascertain the specific acts of aggression the act of one is the act of all
committed by each of the culprits since having participated in In multiple rape, each rapist is equally liable for the other rapes.
the criminal resolution the act of one is the act of all. (People v. Each defendant is responsible not only for rape personally
Mendoza) committed by him but also for the rape committed by the
Conspiracy having been established: it is immaterial who of the others because they cooperated in the commission of rape
conspirators fired the fatal shot (People v. Canoy) perpetration by the others, by acts without which would not
All persons taking part in the crime shall be held guilty as have been accomplished
principals. (Even though not all accused took part in actual
commission of every act constituting the crime each is I. Exceptions: (from equal liability)
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1. Crime of parricide element of relationship must be present as Facts: Diong in order to avoid an execution of judgment against
regards all the offenders him in a civil case transferred his properties by conveyance to
Ex. Wife and son of deceased conspired and did kill latter Baranda who only participated by falsely testifying in court that
both are guilty of parricide BUT if wife and a stranger conspired he acquired said properties with sufficient consideration
and killed deceased, only the wife is guilty of parricide and the Held: Barandas alleged participation in the fraud only consists
stranger will be guilty of homicide or murder of his assertion of ownership in the properties conveyed which
Reason for exception: Article 62 paragraph 3 provides that does not justify his conviction as a participant in the fraud. His
aggravating circumstances which arise from private relations of resolution to accept the benefit of the fraudulent conveyances
offender with offended party shall serve to aggravate only may have been formed only after the act of Diong. His guilt as
liability of principals, accomplices, and accessories to whom co-conspirator in the fraud is, therefore not proved.
such circumstances are attendant. Provision applies when Note: Baranda would be liable as co-principal if he concurred
element of felony arises from private relation of offender with with Diong at the time or before the execution of the deeds of
offended party. conveyance.
2. Crime of murder where treachery is an element of the crime
all offenders must at least have knowledge of the employment There could be no conspiracy to commit an offense through
of treachery at time of execution of act or their cooperation negligence.
therein Conspiracy presupposes an agreement and a decision to
o Ex. A and B conspired to kill C but carried out their plan commit a felony, when it appears that the injuries inflicted on
without previously considering the means, methods, or the offended party were due to the reckless imprudence of two
forms, in killing C; only A employed treachery but since or more persons, it is not proper to consider conspiracy
B was present when A employed treachery both are between or among them.
liable for murder BUT if B remained outside so that he In cases of criminal negligence or crimes punishable by special law,
did not know that A employed treachery only A is allowing or failing to prevent an act to be performed by another,
liable for murder and B is liable for homicide makes one a co-principal.
o Reason for exception: Article 62 par 4. Provides that People v. Santos professional driver of passenger truck let
circumstances which consist in the material execution his conductor drive the truck and they had an accident with a
of the ac, or in the means employed to accomplish it, jeepney which resulted to the death of one its passengers
shall serve to aggravate the liability of only those Held: Both the driver and the conductor were held liable as co-
persons who had knowledge of them at the time of the principals of homicide and damage to property through
execution of the act or their cooperation therein reckless imprudence under Act. No 3992 and Article 365 of
RPC.
I. Participation in anothers criminal resolution must either precede or U.S. v. Siy Cong Bieng and Co Kong a storeowners employee
be coetaneous with the criminal act. (Coetaneous: of the same age or sold adulterated coffee and the storeowner did not know that
duration) People v. Tan Diong the coffee was sold by his employee
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Held: Both the storeowner and the employee were held liable each of them should perform a positive act directly
as principals (criminally liable under the Pure Food and Drugs contributing to the accomplishment of their common purpose.
Act) o People v. Mandagay Murder case where offenders
previously agreed to commit said crime, not only the
IV. SECOND ELEMENT: That The Culprits Carried Out Their Plan And one who inflicts the fatal wound is considered a
Personally Took Part In Its Execution By Acts Which Directly Tended principal but also the others to held the victim or stood
To The Same End. guard outside. The acts of each and every one of the
offenders are all directed to the same end, which is the
A. The Principals By Direct Participation Must Be At The Scene Of The killing of the victim. Criminal responsibility in such a
Crime, Personally Taking Part In Its Execution. case is collective.
General Rule: Principal by direct participation must personally Only serving as guard pursuant to the conspiracy is a principal
take part in executing the criminal plan to be carried out. This by direct participation.
means that he must be at the scene of the commission of the o People v. Canumay Appellants were part of plan to
crime, personally taking part in its execution. rob victim. At time of robbery they stood guard outside
o People v. Ong Chiat Lay Held that one of the accused the house. Held: They are equally liable as the others.
not a principal by direct participation because he was o U.S. v. Reogilon One who stands guard outside the
absent from the scene of the fire when the crime of house to keep others away or warning fellow
arson was committed by other accused conspirators while the latter are murdering the
Exception: For as long as the conspirators perform specific acts occupant takes direct part in commission of crime of
that were coordinated pursuant to the conspiracy, they are all murder and is guilty as a principal by direct
principals. Even if their acts are performed in different places. participation. He is in fact present, aiding, and abetting
o People v. Santos There was conspiracy to kidnap in the commission of the crime.
and kill the victim and only one of the conspirators Exception: People v. Samano
kidnapped the victim and after turning him over to his o Facts: Accused jointly tried for murder of three
co-conspirators for execution, left the spot where the persons. They were members of a guerilla unit and
victim was killed. Held: The one who kidnapped the were being charged of taking the deceased to their
victim was liable for murder committed by the others headquarters and beating him to death while
because he already performed his part and the killing investigating him on charges of espionage. Accused
was done by his co-conspirators in pursuance of the Samano and Alcantara acted as guards at place of crime
conspiracy. but did so in obedience to superior orders and without
knowledge that the deceased under investigation
B. The Acts Of Each Offender Must Directly Tend To The Same End. would be killed. There was no evidence that there was
While principals by direct participation personally take part in conspiracy between those who pleaded guilty and the
the execution of their common purpose, it is not necessary that present appellants.
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o Held: When there is no conspiracy or unity of criminal PAR 2: THOSE WHO DIRECTLY FORCE OR INDUCE OTHERS TO
purpose and intention indicating participation in the COMMIT IT. (Principals By Induction)
criminal resolution, mere passive presence at the scene
of anothers crime does not constitute complicity. I. Those Who Directly Force Or Induce Others To Commit [The Act].
BUT SEE People v. Masagnay The Supreme Court held that a Those who directly induce others to commit the act are called
person could be held liable as a conspirator even though he principals by inducement or principals by induction from
does not know every single detail of the crime, for as long as he the Spanish autores por induccion.
knows his role. Inducement comprises price, promise of reward, command
and pacto (opinion of Viada and SC of Spain).
C. When The Second Requisite Is Lacking, There Is Only Conspiracy To
Commit A Crime II. The Principal By Induction Becomes Liable Only When The Principal
IF this 2nd requisite is lacking: there is, at most, only conspiracy By Direct Participation Committed The Act Induced.
among several defendants who participated in criminal People v. Ong Chiat Lay One cannot be held guilty of having
resolution; if the crime they agreed and decided to commit is instigated the commission of the crime without first being
not treason, rebellion or sedition, they are not criminally liable. shown that the crime was actually committed by another.
Example: The qualifying circumstance of price, reward or promise in
o People v. Asaad Four accused merely attended Article 14 is considered for both the principal by inducement
conferences and assented out of respect and fear and and principal by direct participation.
after commission of murders they joined other accused
in celebrating with a fiesta, by way of custom, they III. Two Ways Of Becoming Principal By Induction
were neither co-principals nor accomplices Under Article 17, paragraph 2:
o People v. Timbol Dalmacio Timbol was acquitted of 1. By directly forcing another to commit a crime, and
the charge of murder because he merely conspired 2. By directly inducing another to commit a crime.
with his co-accused to kill deceased but left the place
before they began shooting him. A. By Directly Forcing Another To Commit A Crime
o People v. Pelagio Gs participation in the first Two ways of directly forcing another to commit a crime:
meeting involved him in the conspiracy because he told 1. By using irresistible force.
the other the location of the house to be robbed, this 2. By causing uncontrollable fear.
however is inadequate to make him criminally liable as In these cases (using force or causing fear), there is no
a conspirator. This because conspiracy alone without conspiracy, not even a unity of criminal purpose and intention.
execution of its purpose is not a crime punishable by Only the one using force or causing fear is criminally liable. The
law except in special instances which does not include material executor is not criminally liable because of Article 12,
robbery. (Article 8) paragraph 5 and 6.

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B. By Directly Inducing Another To Commit A Crime o An inexperienced boy of tender age was persuaded by
Two ways of directly inducing another to commit a crime: a person to steal the jewels of his grandmother; the
1. By giving price, or offering reward or promise. person was found guilty of theft by inducement
o Both the one giving the price or offering reward or o Minors under 15 are easily susceptible to suggestions
promise and the one committing the crime in of inducer because they have no discernment or
consideration thereof are principals (former by judgment of their own so when they are induced to
inducement and latter by direct participation). There is commit a crime, the influence of the inducer is the
collective criminal responsibility. determining cause of the commission of the crime
o This applies even if the inducer does not pay the o Words of command of a father may induce his son to
principal by direct participation after the commission of commit a crime. Moral influence of the words of a
the crime. father (his words of command) may determine the
2. By using words of command. course of conduct of a son (because of the obedience
o Both the person who used the words of command and due to him). Compare With: same words coming from
the persons who commits the crime (because of the a stranger which would make no impression
words of command) are equally liable. There is also People v. Bautista The accused (exercising
collective responsibility. dominance and ascendancy) compelled his 3-
year old son to throw a stone at another boy
C. The Inducement May Be By Acts Of Command, Advice, Or Through which caused injury to the latters eye was a
Influence, Or Agreement For Consideration principal by inducement.
Inducement and the commission of the crime wherein the 3. By using words of command.
inducer becomes the principal (with same extent and effect as o People v. Gensola The command given must be the
if he had physically committed the crime) may exist in acts of moving cause of the offense. The evidence showed that
command, of advice, agreement for a consideration, or through the accused would have acted on his own volition even
an influence so effective that it alone determines the without the words of command (Rufino, strike him!)
commission of the crime o People v. Agapinay An utterer will not be liable as
1. The promise of love can be sufficient inducement. principal by inducement if the imprudent utterance
o Example: A has a paramour B, who loved C. A told D to was said in the excitement of the hour or in heat of
kill B with the promise that he does, he will possess her anger (and not in a nature of a command that had to be
entirely. D killed B. A is a principal by inducement obeyed)
(People v. Ramos). o It must appear that the inducement was of such nature
2. The words of advice or the influence must have actually and was made in such a way as to become the
moved the hands of the principal by direct participation. determining cause of the crime and that such
inducement was uttered with the intention of
producing the result. (People v. Castillo)
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o The inciting words must have great dominance and 5. The material executor of the crime has no personal reason to
influence over the person who act; they ought to be commit the crime.
direct and as efficacious or powerful as physical or o If the principal by direct participation has a personal
moral coercion or violence itself. (People v. Canial) reason to commit the crime, the supposed words of
inducement cannot be the determining cause.
D. Elements To Hold Person Liable As Principal By Inducement o People v. Kiichi Omine Facts: Omine shouted
Through The Use Of Commands pegale y matale to Autor and he struck the deceased
All five requisites must be present in order that a person using on the breast but before the utterance he had already
words of command be held liable as principal by inducement: struck the deceased with a fist blow on the right eye
1. That the one uttering the words of command must have the Held: Omine was not a principal by induction because
intention of procuring the commission of the crime. Autor had already struck beforehand and the utterance
2. That the one who made the command must have an was not sufficient because it doesnt show that Omine
ascendancy or influence over the person who acted. has any particular influence over Autor. Autor = guilty
o U.S. v. Ganao When B (a very influential figure in of serious physical injuries and Omine was acwuitted.
their community) selected A (his nephew who was poor
and depended on him) to commit the crime the IV. Elements To Be Considered A Principal By Inducement
influence exercised by B over A was so great and 1. That the inducement be made directly with the intention of
powerful that the latter could not resist it. procuring the commission of the crime; and
3. That the words used must be so direct, so efficacious, so 2. That such inducement be the determining cause of the
powerful as to amount to physical or moral coercion. commission of the crime by the material executor.
o Efficacious a person who makes accused believe that U.S. v. Idanan To constitute inducement, there must be on
the person to be killed was the one who stole the the part of the inducer the most positive resolution and the
accuseds property = guilty as principal by inducement; most persistent effort to secure the commission of the crime
even though the accused seem to have a personal together with the presentation to the person induced of the
reason, it was the inductor who made him believe so. very strongest kind of temptation to commit the crime.
o Powerful U.S. v. Ganao.
4. The words of command must be uttered prior to the A. Examples
commission of the crime. People v. Otadora
o This requisite is lacking when the commission of the o (First requisite) It was clear that she had the intention
crime has already been commenced when the words of of procuring the commission of the crime when she
inducement are uttered. furnished her co-accused the gun to kill the deceased
o A son who was already in combat with another was o (Second requisite) The accused promised her co-
told by the father Hit him the father was not accused pecuniary gain which was the determining
responsible for the injuries inflicted after advice given cause of the commission of the crime
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People v. Alcontin would be followed or any real intention that it produce the
o (First requisite) A married woman suggested to her result. In such a case, the one who spoke the word or
paramour that he kill her husband; Held: the performed the act would not be guilty of the crime committed
proposition of the woman constituted something more by the other. (U.S. v. Idanan)
than mere counsel or advice that her co-defendant was Example:
entirely free to accept or not. o A decision of the Supreme Court of Spain (cited in U.S.
o (Second requisite) The married womans promise of v. Idanan) held that a woman who robbed her husband
being able to freely live together with the paramour because a person told her that thats the only thing to
was the determining cause of the commission of the do to him because he was stingy and treated her badly
crime the person was not guilty of the crime committed of
People v. Caimbre the crime of robbery by inducement because an
o Facts: Appellant was being prosecuted for uttering you imprudent and ill-conceived advice is not sufficient; the
had better kill him when his co-accused was attacking person did not have the intention of procuring the
the victim. commission of the crime.
o Held: Appellant was acquitted because he lacked the
first requisite because there was nothing to show that VIII. SECOND ELEMENT: That Such Inducement Be The Determining
appellant had any reason to have Olipmo killed; lacked Cause Of The Commission Of The Crime By The Material Executor
second requisite because he had no sufficient moral The inducement must precede the act induced and must be so
influence over co-accused to make him obey blindly; influential in producing the criminal act that without it, the
and fourth requisite was lacking because his co-accused act would not have been performed.
had already boloed the victim before he uttered the o It is necessary that the inducement be the determining
words cause of the commission of the crime by the principal
by direct participation that, without such inducement
VI. FIRST ELEMENT: That The Inducement Be Made Directly With The the crime would not have been committed (Decision of
Intention Of Procuring The Commission Of The Crime SC of Spain).
The principal by inducement should be obeyed. o Inducement exists if the nature of the command or
advice is that without its concurrence the crime
A. A Thoughtless Expression Without Intention To Produce The Result would not have materialized (People v. Cruz).
Is Not An Inducement To Commit A Crime Price given to the principal by direct participation after the
A chance word spoken without reflection/ a wrong commission of the crime, without prior promise to give a price
appreciation of a situation/ an ironical phrase/ a thoughtless or reward, could not be an inducement.
act may give birth to a thought or resolution to commit a crime
in the mind of one without the one who spoke the word or
performed the act having any expectation that his suggestion
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A. The one charged of inducing the commission of the crime is not Proof of such extremes is usually required to justify such
liable if the person who actually committed a crime had a reason of conclusion.
his own to commit the crime. Proof in unnecessary where the principal actor admits being
People v. Castillo impelled and that he acted pursuant to a previous plan or
o Facts: Marincho Castillo (son) was slapped on the face conspiracy to kill and promise to condone his indebtedness
by the deceased Vargas. After 2 months, appellant (People v. Ulip)
Castillo (father) was talking to Vargas while holding a There is collective criminal responsibility when words of
revolver (but not pointed to him). Suddenly, Marincho inducement were used.
came from behind and hacked the head of Vargas.
When he was about to hack him the second time, his C. One Who Planned The Crime Committed By Another Is A Principal
father told him You kill him and then they By Inducement
surrendered to the authorities. Persons who planned the crime committed by other persons
o Held: Castillo is not guilty of being a co-principal by are guilty as authors by inducement.
inducement because Marincho has already given If The Crime Committed Is Not Contemplated In The Order
Vargas a fatal blow on the head before Castillo Given, The Inducement Is Not Material And Not The
allegedly said You kill him because the utterances Determining Cause Thereof. People v. Lawas
must be sufficient enough to be the determining cause o Facts: Accused Lawas was head of the home guards in a
of committing the crime barrio in Lanao and he orderd his men to shoot at
Can a person who is present during a homicide but has no Moros suspected of having killed 11 Christian residents.
direct part in the act can be held criminally liable for inciting Some of the home guards fired at women and children
and encouraging another with expressions like go ahead, hit at the second floor of the house.
him, there you have him, now is the time? o Held: Lawas is not guilty of murder for the killing of the
o It depends upon whether these words were spoken women and children as principal by induction because
under conditions that give them a direct and his order was to fire at Moros on the ground and
determinative influence upon the mind of the principal clearly did not intend for women and children to be
actor. (People v. Tamayo) fired at.

B. Ascendancy Or Influence As To Amount To Moral Coercion Is Not IX. Principal By Induction In Falsification
Necessary When There Is Conspiracy People v. Po Giok To The employee did the overt act of
To consider as principal by induction one who advises or incites entering false facts on the residence certificate of the accused
another to perpetrate an offense, it is essential to show that because the accused induced him to do so by supplying him
the advisor had so great an ascendancy or influence that his those facts. Held: Accused was a principal by inducement. The
words were so efficacious and powerful as to amount to moral employee was a mere innocent agent of performing the act
coercion. constituting the crime hence employee was not criminally liable
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because he had no knowledge of the falsity of the facts o The crime committed by the principal by direct
supplied by the accused. participation must be that commanded by the principal
by inducement.
X. Principal By Inducement v. Offender Who Made Proposal To A principal by inducement may still be held liable even if the
Commit A Felony principal by direct participation is exempt (Article 332).
o Example: falsification of documents, when the criminal
Principal By Inducement Offender Who Proposed To induces an 8-year-old to commit the crime.
Commit A Felony Where the principal by inducement instructs the principal by
There is inducement to commit a There is inducement to commit a direct participation to do something without necessarily
crime crime thinking of the possible consequences both will be liable for
Liable only when crime is Mere proposal to commit a felony the proximate result. In short, Article 4 applies.
committed by principal by direct is punishable in treason or o Example: A told B to punch C in the back. C dies. Both
participation rebellion; person to whom are liable for the resulting death of C.
proposal is made should NOT
commit the crime XII. Possessor Of Recently Stolen Property Is A Principal
Inducement involves ANY crime Must involve ONLY treason and Possessor of a recently stolen article is considered a principal,
rebellion to be punishable not an accessory or accomplice, unless he proves otherwise
satisfactorily and that another person who gave him the article
XI. Effects Of Acquittal Of Principal By Direct Participation Upon The was the one who stole it (Section 5(j), Rule 131, Rules of Court)
Liability Of Principal By Inducement
1. Conspiracy is negative by acquittal of co-defendant. PAR. 3: THOSE WHO COOPERATE IN THE COMMISSION OF THE
2. It must be shown that another has actually committed the OFFENSE BY ANOTHER ACT WITHOUT WHICH IT WOULD NOT HAVE
crime; otherwise one cannot be guilty of instigating the crime. BEEN ACCOMPLISHED. (Principals By Indispensible Cooperation)
o If the one charged as principal by direct participation
was acquitted because he acted without criminal intent I. Meaning Of The Term Cooperate
or malice his acquittal is not ground for acquitting the To cooperate means to desire or wish in common a thing. The
principal by inducement. common will or purpose does not necessarily mean pervious
o Reason for rule: In exempting circumstances, when the understanding because it can be explained or inferred from the
act is not voluntary because of lack of intent there is a circumstances of each case (People v. Apelgido).
crime committed but no criminal; in intentional
felonies, act of a person does not make him criminal II. Elements To Be Liable As Principal By Indispensable Cooperation:
unless his mind be criminal. 1. Participation in the criminal resolution.
Mistake of identity of the victim committed by the principal by
direct participation. The principal by inducement is not liable.
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2. Cooperation in the commission of the offense by performing Indispensable Cooperation. B is Principal by Direct
another act, without which it would not have been Participation.
accomplished.
IV. SECOND REQUISITE: Cooperation must be indispensible without
III. FIRST ELEMENT: Participation In The Criminal Resolution which the commission of the crime would not have been
The participation of a principal by indispensable cooperation is accomplished.
different from the overt act committed by a principal by direct If the cooperation is not indispensible, the offender is only an
participation. accomplice.

A. Being A Co-Conspirator Is Not Necessary A. Cooperate X X X By Another Act
A principal by indispensable cooperation need not be a party in Act of the principal by indispensible cooperation should be
the planning stage of the conspiracy for he may become a different from the act of the principal by direct participation.
principal at the moment of the execution of the crime with the Law says by another act which means it should not be the act
other principals, if his act was indispensable to the crime. of one who would be classified as principal by direct
o Hence, even if he was absent at the meeting where the participation.
planning occurred, if his act showed that it was Examples:
indispensable to the criminal design of the principal by o U.S. v. Javier Facts: C was the one who forced and
direct participation, he will be liable as a principal by dragged the girl to the back of the house where J was
indispensable cooperation. waiting to perpetrate the crime. C had a previous
agreement with J. After delivering the girl, C left so that
B. May There Be Cooperation By Acts Of Negligence? J can consummate the prearranged rape. Held: C
A person becomes a co-principal through acts of negligence cooperated in the perpetration of the crime by acts
cooperates in the commission of estafa through falsification or without which its commission would not have been
malversation through falsification (without which the accomplished.
commission of the crime could not have been accomplished). Act of cooperation: forcible taking of the girl to
The one who cooperated in the commission of the crime was the place of commission of rape by other
held guilty of the same crime through reckless imprudence accused.
(Samson v. Court of Appeals). Act of execution: sexual intercourse with the
woman against her will.
C. The Principal By Indispensable Cooperation Need Not Be In The o U.S. v. Lim Buanco Facts: R, employee of a bank,
Scene Of The Crime indorsed upon a check drawn by B so that B, even
Example: A, who lives in the U.S., gives B poison to kill C. B used without sufficient funds in the bank, may still draw the
the poison to kill C here in the Philippines. A is Principal by amount of the check when he presents it to the cashier
of the bank. The endorsement of R was in connivance
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with B knowing he didnt have funds but indorsed it o Malversation through falsification of public documents
still. Held: R was a principal by indispensible committed by a public officer in conspiracy with a
cooperation. private individual. Private individual may be liable for
Act of cooperation: Certification that the check malversation (People v. Sandaydiego).
was entitled to payment o Husband gives poison to friend to kill wife. Friend is
Act of execution: Crime of estafa by B liable for homicide, and husband for parricide.
committed as principal by direct participation
the fraudulent cashing of the cash that OTHER MATTERS
damaged the bank To be liable as principals, the offender must fall under any of the
o In the 2 cases, the cooperation of the other accused three concepts defined in Article 17.
was the performance of an act different from the act of A person who assists one who commits the crime of arson and
execution of the crime committed by the other who knows the latters purpose (but whose participation in the
accused. arson is not known) may not be considered as a principal
If cooperation of one accused consists in doing an act necessary because his acts were neither direct nor absolutely necessary
in the execution of the crime, he is a principal by direct for the commission of the offense nor did it induce the said
participation. commission (SC of Spain decision)
o Example: In a homicide case one of the offenders held
the victim while the other was stabbing him. The one Collective criminal responsibility.
who held victim was principal by direct participation, Present when offenders are criminally liable in the same
BUT there are cases where the Supreme Court manner and to same extent; penalty imposed must be same for
considered such accused as a principal by indispensible all.
cooperation Who has collective criminal responsibility?
o Principals by direct participation.
B. Liability Of Conspirators Who Took Turns In Raping A Girl. o Principal by induction with the principal by direct
People v. Villa Four persons took turns in raping a girl; others participation (EXCEPT the principal by induction who
held her while one had intercourse with her. directly forced another to commit a crime).
Held: Each of them is responsible for his own act of rape and o Principal by indispensible cooperation with the
also for the acts of the others. Four sentences were imposed on principal by direct participation.
each accused.
Individual Criminal responsibility.
V. A Principal By Indispensable Cooperation May Commit A Crime If there is no previous conspiracy/ unity of criminal purpose and
Different From A Principal By Direct Participation intention immediately before commission of crime/ community
Example: of criminal design = criminal responsibility arising from different
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acts directed against one and the same person is individual and determined independently of and separately from
not collective. liability of principal by direct participation (People v.
Each of the participants is liable only for the act committed by Rafael).
him. Dismissal of case against principal: If the case is dismissed
Example of individual responsibility. cited in People v. Martinez against the principal by direct participation, the case against
Facts: Deceased assaulted a group of three individuals, in their the accessory/accomplice must also be dismissed because the
(incomplete) self-defense, two of them caused less serious liability of the accomplice/accessory is subordinate to that of
physical injuries on the assailant deceased while one inflicted a the principal by direct participation. The accomplice/accessory
fatal wound. is like a shadow that follows the principal by direct participation
Held: Only the one who gave the fatal wound would be and not the other way around (PCGG v. Desierto).
principally liable for homicide and the others liable only for less o Principal by direct participation acquitted because
serious physical injuries. crime was not committed at all. What happens to
accomplice/accessory? They cant be charged. Crime
Article 18. Accomplices. was not committed.
Accomplices are those persons who, not being included in Article 17, o Dismissal of the case against the accomplice/accessory
cooperate in the execution of the offense by previous or simultaneous does not result to the dismissal of the case against the
acts. principal by direct participation.
Exemption of principal from criminal liability: BUT if the
POINTS principal by direct participation is exempted from the crime, it
does not follow that the accomplice/accessory is exempted, or
I. Quasi-Collective Criminal Responsibility that the case against the accomplice/accessory should be
Between collective and individual criminal responsibility dismissed as well.
quasi-collective criminal responsibility. Principal by direct participation is dead. Can accomplice/
In quasi-collective responsibility, some are principals and others accessory still be charged? Yes, they can still be prosecuted.
are accomplices.
II. The Participation Of An Accomplice Presupposes The Commission
A. Liability Of Accomplice Based On Principal Of The Crime By The Principal By Direct Participation
May one be charged and convicted as accomplice/accessory Principal element of complicity: concurrence of will of
even before the principal is charged or convicted? Should the accomplice with the will of the author of the crime (principal).
PDP first be convicted before the accomplice/accessory be o He is not a principal (so he must not be part of the
charged or convicted? conspiracy), but he supplies material or moral aid to
o As long as the commission of the crime is proven the principal in an efficacious way.
beyond reasonable doubt, determination of criminal The accomplice cooperates by previous or simultaneous acts in
responsibility of accessory/accomplice may be the execution of the offense by the principal.
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o He intends to, and does, take part in the crime. IV. An Accomplice Does Not Have Previous Agreement Of
o BUT, his cooperation is not indispensable to the crime. Understanding Or Is Not In Conspiracy With The Principal By Direct
Participation.
III. Not being included in Article 17. Accomplice does not enter into conspiracy with principal by
An accomplice does not fall under any of the three concepts direct participation nor does he have a previous agreement or
defined in Article 17. understanding with him to commit a crime BUT he participates
Those who cooperated by previous or simultaneous acts cannot to a certain point in the common criminal design.
be held liable as principals but as accomplices. Accomplices come to know of the criminal resolution of the
principals after the latter have reached a decision to commit a
A. In Case Of Doubt As To Whether Principal Or Accomplice crime. The accomplice does not decide the commission of a
In case of DOUBT participation of offender is considered as crime. The accomplice just agrees after the criminal resolution
accomplice rather than principal. is accomplished, he does not conspire. But if the accomplice
o Quantum of proof lacking = milder form of criminal commits an act of execution, he becomes a PDP.
liability: as accomplice. NOTE: An accomplice gets a penalty one degree lower than that
o People v. Celemente eyewitness unable to assert if provided for the principal in a consummated felony (Article 52).
appellants hit the fallen man (uncertain participation in
homicide) and there was no conspiracy shown. Held: A. Accomplice v Conspirator
appellants declared accomplices only.
Mere presence at scene, knowledge of plan, and acquiescence Conspirator Accomplice
is insufficient ground to hold a person as conspirator therefore Knowing and agreeing with criminal design
will be held liable only as accomplice. Knowledge of the criminal Gets knowledge of the criminal intent
intention is because they after principals have reached the
B. When The Participation Of An Accused Is Not Disclosed, He Is Only decided the specific course of decision and then they agree to
As Accomplice action cooperate in its execution
In criminal cases, the participation of accused must be proved Decide that a crime should be Merely concurs to do the crime;
by positive and competent evidence (beyond reasonable committed merely assent to the plan and
doubt) BY the prosecution. It can't be presumed. cooperate in its accomplishment
People v. Ubina: If a person assists in arson because he knows Authors of a crime Instruments who perform acts not
the purpose of the principal, but his participation is essential to perpetration of offense
undisclosed. Held: His actions are neither direct nor absolutely
necessary for the commission of the offense nor induce the B. May A Co-Conspirator Be Held Liable As An Accomplice Only?
crime. If technically the accused are co-conspirators BUT their
participation was not absolutely indispensible to the
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consummation of the murder court should favor milder form There must be a principal by direct participation before there
of liability = accomplice. could be an accomplice.
Example: o The principal originates the design and the accomplice
o People v. Anin Even with knowledge of criminal merely concurs with it.
intent but the overt acts of co-accused was still not Cooperation which the law punishes: assistance knowingly or
indispensible to the crime of homicide = accomplice. intentionally given and which is not possible without previous
o People v. Nierra Even with community of design but knowledge of the criminal purpose.
role in homicide or murder was of a minor character = o People v. Lingad Taxi driver knowing that co-accused
accomplice. were going to make a hold-up lets them use his cab to
o BUT SEE People v. Manzano and People v. Mendoza where the crime will be staged and waited for them
Once proved that accused had conspired with others after. Held: taxi driver is an accomplice
accused, liability only as accomplice is untenable; the o U.S. v. Bello Sentry permitted some convicts to go
act of one is the act of all out of jail accompanies by guard then the convicts
committed robbery. Held: Sentry not liable as
Community of Design Participation in the Criminal accomplice because he had no knowledge of their
Resolution intention to commit robbery when he let them out
Does not necessarily mean that Implies conspiracy
there is conspiracy but it may A. Community of design.
develop into one The accomplice intends by his acts, to commit or take part in
Mere concurrence with criminal Entering into an agreement and the execution of the crime Carino v. People
purpose deciding to commit a felony o Facts: Appellant was the close friend of Dr. Lava (the
accused in crime of rebellion). Lava has been helping
V. Elements To Be Liable As Accomplices: appellants family in terms of health services and in
1. There be community of design: knowing the criminal design of return when accused Dr. Lava asked for shelter and
the principal by direct participation and concurs with him/her in food from appellant, he provided the same for Lava not
that purpose. knowing that he was helping a rebel. Lava was part of
2. That he cooperates in the execution of the offense by previous the Huks and appellant helped Lava open bank
or simultaneous acts by supplying material or moral aid in the accounts and assisted them with money matters.
execution of the crime in an efficacious way. Held: Appellant was not considered an accomplice to
3. There be a relation between the acts by the principal and the rebellion because his acts of helping did not fall under
accomplice. the definition of rebellion in RPC nor does he fall under
Art 18s definition of accomplice because his intent to
VI. FIRST ELEMENT: Community Of Design rebel against the government was not proven and his
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assistance was not efficacious enough to make Held: Servant was an accomplice and master was a
insurrection or rebellion successful. principal by direct participation.
o People v. Maliao Accused facilitated commission of 2. When the accomplice saw the criminal acts of the principal.
crime by providing his house as the venue of the crime. o People v. Tamayo Ramon was choking the deceased
Even though he had no direct participation in the then Jose delivered a blow on the head of the deceased
crimes execution, he was present throughout it, and which Ramon saw but he still continued with choking
he did not do anything to stop the malefactors nor help the deceased.
the victim therefore he is guilty as accomplice in crime Held: Ramon is an accomplice; showed that Ramon
of rape with homicide approved/participated with the criminal design of Jose
The community of design need not be to commit the crime because he continued choking deceased after the blow.
actually committed. It is sufficient if there was a common o People v. Cagalingan A. Cagalingan stabbed the
purpose to commit a particular crime and that the crime deceased first then J. Cagalingan and Romina Jr.
actually committed was a natural or probable consequences stabbed the deceased after.
of the intended crime. Held: Even if there shows a community of design with
o People v. Largo Verzo caused Salazar and Largo to the principal, the stabbing of J Cagalingan and Romina
load a time bomb in a plane which killed the deceased Jr. were not indispensible to the commission of the
and others. Held: Salazar and Largo were accomplices crime because A Cagalingans stabbing was fatal
in the crime of Verzo who was the principal already, therefore the two are only accomplices.
o U.S. v. De Jesus Three men entered Osetes house to o People v. Manansala: Even after the first knife thrust
abduct his daughter but instead they ended up killing delivered to the deceased, the accused did not try to
Osete. Two other men were stationed outside by the stop the other accused either by word or overt act
carriage, which brought them there to be lookouts. Held: Accused is an accomplice because even if his
Held: The two are accomplices because even if the initial intent was free from guilt, it became tainted after
homicide was not part of the original plan, it was a he saw the first knife thrust delivered.
possibility to carry out the abduction. In case there is no conspiracy or unity of criminal
purpose/intention among accused, what should be considered
B. How An Accomplice Acquires Knowledge Of The Criminal Design Of is the criminal design/intent entertained by the accused that
The Principal. inflicted the more or most serious wound on the victim. This
1. Principal informs or tells the accomplice of the formers can be inferred from the nature of the weapon or the body part
criminal purpose. injured.
o U.S. v. Sotto Master told his servant that he would No knowledge of the criminal design of the principal not an
abduct the a girl under 18 years and he prompted said accomplice.
servant to induce the girl to leave her home and the o People v. Ibanez Even if the act of the accused
servant did. (holding deceaseds neck from behind) coincided with
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the other accuseds act of stabbing, simultaneousness 1. By previous acts.
does not itself demonstrate the concurrence of will nor o Lending of a dagger or pistol to murderer knowing his
the unity of action and purpose which are the bases of criminal purpose.
the responsibility of two or more individuals o U.S. v. Flores Pharmacist (knowing the criminal
o U.S. v. Flores Limbo was employee of the Bureau of purpose) furnishes the accused with the drug which he
Printing and stole bank certificates for cattle used in order to help him rape the victim.
registration and sold to co-defendant Flores. Flores o When the owner of the gun knew that it would be
used these to sell horses, which they got through theft. used to kill a particular person, and the principal used
Limbo had no part nor knowledge nor share in the sale it to kill another person, the owner of the gun is not
of the stolen horses. an accomplice as to the killing of the victim.
Held: Limbo liable only for theft of bank certificates but People v. De la Cerna Serapio borrowed the
was neither a principal nor an accomplice nor an rifle of Sulpicio in order to kill Rafael (as per
accessory of the theft committed by the other their agreement) but then Serapio used it to kill
defendants Casiano. There was no evidence that Sulipicio
was aware that Serapio would do so. Held:
C. Concurrence With The Criminal Purpose Of Another May Make One Sulpicio acquitted for the killing of Casiano
A Co-Principal 2. By simultaneous acts.
Even if only one of the accused originated the criminal design o People v. Escarro No previous agreement or
and the other merely concurred BUT BEFORE the actual understanding with co-defendant but defendant held
commission of the crime BOTH of them agreed and decided to hand of victim and tried to take away his revolver while
commit it, then the other will now be held a principal and not co-defendant attacked victim.
an accomplice because he has become a co-conspirator. o People v. Crisostomo No conspiracy among the 6
o BASICALLY, you are an accomplice if the original person persons three detained offended woman were
will commit the crime with or without your help. You principals in crime of illegal detention and three others
are dispensable! Replaceable! held victims companion to prevent latter from helping
victim were accomplices.
VII. SECOND ELEMENT: Cooperates In The Execution Of The Offense
The accomplice cooperates with the principal by direct A. The Cooperation Of An Accomplice Is Not Due To A Conspiracy
participation BUT his cooperation is only necessary and not People v. Francisco Facts: Francisco (then Mayor in Isabela)
indispensable. was accompanied by Berganio, Badua, Dasalla, and Tagasa
However if there is conspiracy: the nature of the cooperation when he brought Corpus from the municipal building to the
becomes immaterial. constabulary and wanted the Corporal to detain him there. But
Corporal refused because they didnt have a detention cell and
A. Examples Of Cooperation By Accomplice
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so they brought Corpus to another Barrio and Corpus o Moral aid: through advice, encouragement, or
disappeared and was not seen anymore. agreement.
Held: Companions of Francisco were held as accomplices But the advice, encouragement, or agreement
because even if there was no conspiracy, they helped Francisco should not be the determining cause of the
being Corpus around in a jeep. Their acts constitute commission of the crime by the principal by
cooperation by simultaneous or previous acts. direct participation or else the one who gave it
would be a principal by inducement.
B. When The Acts Of The Accused Are Not Indispensable In The Killing, Example:
They Are Merely Accomplices o People v. Ubina Ubina conspired with five persons to
People v. Villegas Nature of the killing was an offshoot of a kill Carag because he lost in an election to him and he
spontaneous turn of events not a previously conceived was also insulted by Carag. The five persons brought 3
ambush as seen by the use of stones of the accused. Held as others where Carag was killed but they did not
accomplices because they cooperated by simultaneous acts participate in the act of killing itself. Held: The 3 others
which were not indispensable. presence and company was not indispensable and
People v. Resayaga Acts of blocking the people who tried to essential to the perpetration of the murder but they
help victim is one of help and cooperation to assailants but not were present and they gave moral support =
indispensable to stabbing of victim. Held as accomplice accomplices.
People v. Parcon No conspiracy but one acted as look-out or o People v. Balili No proof appellant conspired with
guard in crime of robbery with homicide held as accomplice malefactors but he went with them, knew of criminal
intent, and stayed outside of house while other robbed
C. The Accomplice Merely Supplies The Principal With Material Or and killed victim. Held: Appellant is an accomplice
Moral Aid Without Conspiracy With The Latter because he supplied material and moral aid
Being present and giving moral support when a crime is being o People v. Vicente Inflicting stab wounds to victim
committed will make a person responsible only as accomplice only after victim fell on ground and only because he
in the crime committed. wanted to show a feeling of camaraderie with other
o If knowledge of criminal purpose of principal is absent = accused or a show-off or an expression of sympathy
giving aid or encouragement either morally or guilty only as accomplice because his act was not
materially in commission of crime or mere presence at necessary and indispensable for the criminal assault
scene of crime does not make one an accomplice
(People v. Toling). D. Wounds Inflicted By An Accomplice In Crimes Against Persons
The moral aid may be through advice, encouragement, or Should Not Have Caused The Death Of The Victim
agreement. Accomplice should not have inflicted a mortal wound (or else
o Material aid: external acts. liable as principal).
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U.S. v. Zalsos Both were liable as co-principals because both There must be a relation between the criminal act of the
inflicted a mortal wound on the neck of the victim even if R principal and the act of the one charged as accomplice.
originated the intention to assault deceased and Z just assisted o Not enough that a person entertains an identical
action of initiator of the crime criminal design as that of the principal there must be
Following cases other accused were held as accomplices a relation between the criminal act of principal by
only wound inflicted by them were not the cause of death: direct participation and of person charged as
o People v. Azcona wounds inflicted did not materially accomplice.
contribute to death of deceased. o People v. De la Cruz Reyes attacked and passed his
o People v. Tamayo wound inflicted not of a character hand over his girlfriends body and their families
that would result to death of deceased. decided that the father of Reyes would punish him.
o People v. Cortes accused armed with clubs struck Brother of the girl planned to avenge the honor of his
victim, AS he fell by fatal blow made by principal, and sister armed himself with a pistol. When he was about
he did not cause serious injuries on deceased. to attack Reyes, Reyes was stabbed by his sister and
o People v. Antonio stoning victim already mortally died. Brother was accused as accomplice. Held: No
wounded by other accused. liability by reason of participation if there is no relation
In These Cases, The Following Rules Are Indicated: between criminal act of principal by direct participation
1. One who had the original criminal design is the person who (girl) and of the person charged as accomplice
committed resulting crime. (brother).
2. The accomplice, after concurring in criminal purpose of
principal, cooperates by previous or simultaneous acts. A. An Accomplice May Be Liable For A Crime Different From That
If by simultaneous act accomplice acts while crime is being Which The Principal Committed
committed by principal by direct participation or immediately People v. Babiera It was not shown that C and D knew of the
thereafter (ex. Principal already attacked the victim). manner A attacked B but they knew that A had unlawfully
3. Accomplice in crimes against persons does not inflict the more attacked B. Held: C and D were guilty as accomplices in crime of
or most serious wounds. homicide (A was guilty of murder qualified by treachery)
o Example: C stabbed B first, and as B was in dying People v. Valdellon NARIC guard A asked C to help him (A)
condition, A gave a fist blow on Bs face A is an get some sacks of rice from the NARIC warehouse then A sold
accomplice. them to D. Held: C is only guilty as accomplice in commission of
o Reason: When A gave a fist blow after C gave a mortal simple theft. A guilty of qualified theft because of the qualifying
wound, it shows that A concurred in the criminal circumstance of grave abuse of confidence (this did not apply
purpose of C. to C because he wasnt affiliated with NARIC).
People v. Doble Appellants joined in plan to rob by providing
VIII. THIRD ELEMENT: Relation Between The Acts banca for the robbery but there was killing committed in the
course of the robbery by the principals (others). Held:
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Appellants only accomplices because they couldnt have and their acts collectively demonstrate the existence of
prevented the killing because they were left at the banca a common design, conspiracy becomes evident and all
will be liable as principals.
IX. Accomplice v. Principal Principals and accomplices both know and agree with the
A. In General, An Accomplice: criminal design. They have that in common. Difference lies in
Does not take direct part in commission of act. the fact that conspirators know the criminal intention because
Does not force nor induce others to commit it. they themselves have decided to commit the crime;
Does not cooperate in the commission of the crime by another accomplices just come to know about it after.
act without which it would not have been accomplished.
Cooperates in the execution of the act by previous or B. Accomplice v. Principal by Indispensable Cooperation
simultaneous actions.
Accomplice Principal by Indispensable Cooperation
As to Principals Accomplices Participation of offender in a Case of a co-principal by cooperation
Inducement Without such Inducement or utterance is case of complicity indispensible.
inducement, crime not indispensable with or necessary only.
would not be without such, the crime would
committed still be committed (since Examples: One lends dagger or pistol knowing borrower is
principal already determined going to commit murder cooperation with a previous act but
to commit the crime) not indispensable cause offender could have borrowed or
Cooperation Indispensable Minor gotten weapon from someone/somewhere else
When acts are Act before or during the commission of the crime People v. Templonuevo Accused (with knowledge of
committed intention of other accused to kill the deceased) struck deceased
Conspiracy Decide the crimes Merely concurs with the plan on forehead with piece of wood facilitating subsequent slaying
commission already decided of deceased because it made him unconscious. Held: Accused is
Authors of the crime Mere instruments who guilty as accomplice
perform acts not essential to People v. Geronimo Romeo held the victim while the others
the perpetration boloed him (without conspiracy among them) Held: Romeo is
only an accomplice because others could have hacked
Mere knowledge and participation therefore do not suffice to deceased even without him holding
make one a conspirator, for such are elements also of an
accomplice, especially if even without his participation (like a C. Accomplice v. Principal By Direct Participation
look-out), the crime could have been accomplished.
o However, where the acts of the accused show that he Accomplice Principal By Direct Participation
shared in the community of purpose with the principals Person entertained owner of a If the person was in the same
162

house (some distance away from place talking to the owner of the any of the following manners:
the said place) while robbers were house (distracting him and serving 1. By profiting themselves or assisting the offender to profit by
assaulting it so that owner will as guard to warn companions the effects of the crime.
not return until after robbery has robbing the place) he is a 2. By concealing or destroying the body of the crime, or the
been consummated an principal by direct participation. effects or instruments thereof, in order to prevent its
accomplice in the crime because discovery.
he cooperated by a simultaneous 3. By harboring, concealing, or assisting in the escape of the
act but not indispensable (U.S. v. principals of the crime, provided the accessory acts with
Diris). abuse of his public functions or whenever the author of the
No conspiracy with principals In conspiracy with other principals crime is guilty of treason, parricide, murder, or an attempt to
take the life of the Chief Executive, or is known to be
X. Liability Of Accomplices Under Special Laws habitually guilty of some other crime.
Anti-Piracy and Anti-Highway Robbery Law (Presidential
Decree 532) anyone who aids or abets piracy or robbery in POINTS
the highway is considered an accomplice, not an accessory.
Human Securities Act (Republic Act No. 9372) an I. Definition
accomplice basically follows the same definition of the Revised An accessory does not participate in the criminal design, nor
Penal Code. cooperate in the commission of the felony, but with knowledge
Genocide Law (Republic Act No. 9851) an accomplice is one of the commission of the crime he subsequently takes part in
who facilitates the commission of the crime. three ways mentioned in the article.
Anti-Torture Act (Republic Act No. 9745) there is no
definition of an accomplice. (So I guess follow the Revised Penal II. Important Words And Phrases In Article 19
Code for having suppletory effect?) A. Having Knowledge
Are there accomplices in bigamy? A, a married man, marries B An accessory must have knowledge of the crime, and with that
who knew of As subsisting marriage. knowledge took part in subsequent to its commission.
o One case (Cant find the citation which J-Call o In the absence of the purchasers knowledge at the
mentioned") said A is a PDP, while B is an accomplice. time of transaction that such goods were of illegal
o Another case (People v. Nepomuceno, G.R. No. L- origin, the customer who purchases such goods cannot
40624, June 27, 1975) said A is a PDP, while B is a PIC. be held criminally responsible as accessory (People v.
Labrador).
Article 19. Accessories. Mere possession of stolen property does not make the accused
Accessories are those who, having knowledge of the commission of an accessory where the thief was already convicted.
the crime, and without having participated therein, either as o Rational: It is within the real of possibilities that the
principals or accomplices, take part subsequent to its commission in individual received the stolen property honestly, in the
163

legal course of transaction without knowing that it was conclusion is that he had knowledge of their illegal
stolen (People v. Racimo). source.
Entertaining suspicion that a crime has been committed is not
enough. B. Commission Of The Crime
o Knowledge and suspicion are not synonymous terms: The crime committed by the principal must be proved beyond
Suspicion being the imagination of the reasonable doubt.
existence of something without proof, or upon People v. Pardito where there is doubt as to whether the
very slight evidence or upon no evidence at all. woman committed the crime of parricide or not (i.e. not
Knowledge known actual facts. conclusively proven), the fact that the servant helped bury the
Knowledge of the commission of a crime may be acquired body does not make him an accessory in parricide.
subsequence to the acquisition of stolen property.
o U.S. v. Montano C. Without Having Participated Therein Either As Principals Or
Facts: Robbers took and carried away a Accomplices
carabao. These were found in the possession of Facts: A attacked B, and B fell. C and D then each hit B with a
A who acquired them without knowing they piece of wood. B died and was buried by all three.
had been illegally taken. Owners informed A Issue: Can anyone be held as an accessory?
that they were stolen and agreed to pay half of Held: No. A is principal by direct participation. C and D are
what A had paid for them. When the owners accomplices.
returned with the payment, A said the
carabaos were returned to the seller. D. Take part subsequent to its commission
Issue: Is A liable as an accessory? The accessory takes part after the crime has been committed.
Held: Yes. To declare the accused guilty as
accessory, it is not necessary that he should PAR 1: BY PROFITING THEMSELVES OR ASSISTING THE OFFENDER TO
have acquired the property knowing at that PROFIT BY THE EFFECTS OF THE CRIME.
time that it had been stolen. It is sufficient that
after acquiring that knowledge, he concealed I. Note:
or disposed of the property, thereby depriving The crime committed by the principal in this paragraph may be
the owner thereof. any crime, but it must not be a light felony.
Knowledge of the commission of the crime may be established
by circumstantial evidence. II. Important Words And Phrases
o People v. Dalena When a person knew his co- A. By Profiting Themselves By The Effects Of The Crime
accused had no legitimate business and there was no Intent to gain is not enough, there must have been actual gain
rational reason for the accused to believe that his co- or material benefit.
accuseds possession of said goods were legitimate, the Examples:
164

o One who received a property knowing it was stolen, I. Note:
and used it (People v. Tanchoco). The crime committed by the principal in this paragraph may be
o One who shared the reward for the commission of the any crime, but it must not be a light felony.
crime profited through it (U.S. v. Empainado).
The accessory should not take the property without the II. Important Words And Phrases
consent of the principal otherwise it would be theft. A. Body Of The Crime
When is profiting by the effects of the crime punished as the Corpus Delicti the body/substance of the offense or crime.
act of principal and not the act of accessory? o This is proof that a specific offense was in fact
o When a person knowingly acquired or received committed by someone.
property taken by the brigands (Article 307). o Made up of 2 things: (1) Existence of a certain act or
o Anti-Fencing Law (Presidential Decree No. 1612) a result forming the basis of the criminal charge (criminal
person is liable as principal if he buys, sells, possesses event), and (2) Existence of a criminal agency as the
or profits from the commission of robbery or theft. cause of this actor result (criminal responsibility).
BUT they may also be charted as accessories to There must be an attempt to hide the body of the crime.
the crime of robbery or theft. Its up to the o People v. De la Cruz Facts: Accused was ordered to
prosecution what the charge will be. board the jeep not knowing or even suspecting the
reason for it. He did not take part in the killing, nor
B. Assisting The Offender To Profit By The Effects Of The Crime profit, nor try to help conceal it as the bodies were
Examples: merely thrown in the ditch. Held: Accused must be
o A person knowing the item was stolen, sells it for the acquitted.
thief (U.S. v. Galanco). Concealing or destroying the effects or instruments of the
o Those who acted as runner or couriers in kidnapping crime to prevent its discovery.
for ransom (People v. Magsino). o Accused is an accessory has he helped hide the weapon
An accessory should not be in conspiracy with the principal used to kill. The pistol or knife is the instrument of the
(otherwise he would also be punished as principal). crime.
o U.S. v. Tan Tiap Co Examples:
o Facts: A conspired with others to steal goods, and o Assisting in the burial of the victim (U.S. v. Leal).
agreed to pay upon delivery of goods. o Making it appear that the victim had to be killed
o Held: A is guilty of the crime of theft as principal, not because he resisted by placing a gun in his hand when
just accessory. already dead (U.S. v. Cuison).
o The mere act of carrying the cadaver of one unlawfully
PAR. 2: BY CONCEALING OR DESTROYING THE BODY OF THE CRIME TO killed when it was buried to prevent the discovery of
PREVENT ITS DISCOVERY the crime, is sufficient to make him responsible as an
accessory (People v. Galleto)
165

o REQUISITE: The accessory must have knowledge of the
B. To Prevent Its Discovery principal being habitually guilty of some other crime.
Its refers to the crime. A mayor who refused to prosecute the offender is an accessory.
What is being concealed is the body of the crime, the effects or U.S. v. Yacat Mayor of the town of Cabiao refused to
instruments NOT the principal who committed the crime. There prosecute the crime of homicide thus making it possible for the
must be an effort to prevent the discovery of the crime. offender to escape.
Accused policemen witnessed the killing of the victim by co-
PAR. 3: BY HARBORING, CONCEALING OR ASSISTING IN THE ESCAPE accused. Policeman failed to arrest culprit and even told co-
OF THE PRINCIPAL OF THE CRIME accused not to tell the other policeman. Was policeman an
accessory? Damn right he was, under 3rd paragraph. It was his
I. Two Classes Of Accessories Contemplated In Paragraph 3 duty to arrest culprit and not to conceal commission of crime
A. Public Officers by silence or misleading authorities that accused was really
1. The accessory is a public officer. culprit. By his acts, he abused his public position (People v.
2. He harbors, conceals or assists in the escape of the principal. Antonio).
3. The public officer acts with abuse of his public functions. One who kept silent with regard to the crime he witnessed is
4. The crime committed by the principal is any crime, provided it not an accessory.
is not a light felony. o U.S. v. Caballeros Person who saw the commission
of murder and kept silent and does not report to
B. Private Persons authorities, is not liable for anything.
1. That the accessory is a private person o U.S. v. Romulo Person who volunteers false
2. That he harbors, conceals or assists in the escape of the author information tended to deceive the prosecution and
of the crime. assist in concealing the guilty party is liable.
3. That the crime committed by the principal is either: A policeman who aids a murderer escape prison is liable for
a. Treason infidelity, while the latter is liable for evasion of sentence.
b. Parricide o May the policeman be held liable as accessory for
c. Murder evasion of sentence of the murderer?
d. Attempt on the life of the President Justice Callejo: YES.
e. That the principal is known to be habitually guilty of But isnt the policeman a PDP or PIC?
some other crime. Leviste couldnt have escaped were it
not for the actions of the policeman.
II. Habitually guilty of some other crime (ewan.)
Example: A person who previously punished for less physical Boado: Those who assist the principal to escape
injuries three times, and then commits estafa is a habitually maybe prosecuted under Presidential Decree
guilty, and whoever helps in his escape becomes an accessory. No. 1829 for obstruction of justice not as
166

accessory but as a principal, provided that a Principal Accomplice Accessory
separate information shall be prepared for the Takes direct part or cooperate or Does not take direct part or
crime of obstruction. induce in the commission of the cooperate in or induce the
crime commission of the crime
III. Accessories Liability Is Subordinate And Subsequent Cooperates in the commission of Does not cooperate in the
Reason: The accessorys participation therein is subsequent to the offense prior, during or after. commission of the offense by
the crimes commission, and his guilt is directly related to that acts either prior thereto or
of the principal. simultaneous therewith.
o If the facts alleged are not proven in the prosecution Participation takes place prior, Participation always takes place
instituted or do not constitute a crime, no legal during and after AFTER the commission of the
grounds exist for convicting a defendant as an crime.
accessory since no crime has been perpetrated (U.S. v. Knows the criminal design of the Knows the commission of the
Mendoza). principal offense
Is conviction of accessory possible even if principal is acquitted? No exemption Exempted under Article 20 and
o YES, if the crime was in fact committed, but the for light felonies under Article 16
principal was acquitted because of Article 12. Provides direct or Provides Acts in the 3 ways enumerated
o See p. 590 591 for examples. indispensable material or under Article 19
Apprehension and conviction of the principal is not necessary participation, or moral aid in an
for the accessory to be held criminally liable. was liable for efficacious way
o So long as the requisites for the existence of the crime inducement. but not in a
are present and that someone committed them, the manner
accessory may be held criminally liable. indispensable
o In the same way, the trial of the accessory may be to the offense
resolved prior to that of the principal so long as the Full penalty 1 degree lower 2 degrees lower than principal
above is satisfied.
o The accessory may be prosecuted and convicted even if Article 20. Accessories who are exempt from criminal liability.
the principal is not yet apprehended, so long as the The penalties prescribed for accessories shall not be imposed upon
crime has been proved to exist. those who are such with respect to their spouses, ascendants,
The accused cannot be held liable as accessory if the principal descendants, legitimate, natural, and adopted brothers and sisters, or
charged with murder died before trial because had he been relatives by affinity within the same degrees, with the single
alive, he might have been found guilty of only homicide. exception of accessories falling within the provisions of paragraph 1 of
the next preceding article.
IV. Accessory Distinguished From Principal And From Accomplice.

POINTS
167

Facts: Husband conceals the property stolen by
I. Basis For Exemption his wife to profit from it later.
Based on ties of blood, and preservation of the cleanliness of Held: Husband is liable as an accessory since he
ones name, which compels one to conceal crimes committed is driven not by affection for his wife, but
by relatives so near as those mentioned in this article. profit.
Only accessories under paragraphs 2 and 3 of Article 19 are
II. Principals Related To Accessories Exempt From Criminal Liability exempt from criminal liability if they are related to the
When principal is his: principals.
o Spouse o Examples of exemptions:
o Descendant A son who helps his father bury the body of the
o Ascendant murdered victim.
o Legitimate, natural or adopted brother, sister or Grandson who having knowledge of the
relative by affinity within the same degree. robbery by his grandfather destroys the body
of the crime.
III. Extent Of Coverage Person who helps his brother escape after the
Exemption applies even if the accessory is related to only two latter committed treason.
of found principals guilty of murder (U.S. v. Abanzado). Liability of a public officer when related to the principal
Relationship by affinity between surviving spouse and blood o Facts: Public officer abused his office in order to assist
relatives of the deceased spouse survives even after the death the escape of his brother who had committed murder.
of the deceased spouse. o Issue: Is he liable as an accessory?
Nephew or niece is not included among such relatives. o Held: He is an accessory BUT does not have criminal
liability. Ties of blood or relationship constitutes a more
IV. Accessory Is Not Exempt From Criminal Liability Even If The powerful incentive than the call of duty.
Principal Is Related To Him If Such Accessory (1) Profited By The
Effects Of The Crime, Or (2) Assisted The Offender To Profit By The
Effects Of The Crime
If the accessory performs the two acts mentioned, he is liable
even if the principal falls within the listed relatives because
such acts are prompted not by affection but be detestable
greed.
o Does concealing of the effects of the crime, not to
prevent its discovery, but to obtain gain, fall under
Article 19(2)?
168

TITLE III: PENALTIES 2. Self-defense measure of such to protect society from the
threat and wrong inflicted by the criminal.
3. Reformation object of punishment is to correct offender.
CHAPTER 1: PENALTIES IN GENERAL
4. Exemplarity to deter others from committing crimes.

5. Justice retributive justice, a vindication of absolute right and
POINTS
moral law violated by the criminal.

Social defense and exemplarity justify the penalty of death.
I. Definitions
When a person has proved to be a dangerous enemy of society,
Penalty is the suffering that is inflicted by the State for the
it must protect itself by taking the life in retribution for the
transgression of a law.
offense, and to serve as an example and warning to others.
o Signifies pain i.e. suffering undergone because of the

action of human society, by one who commits a crime.
V. Three-fold purpose of penalties under RPC

1. Retribution or expiation commensurate with the gravity of
II. Different Juridical Conditions Of Penalty (acc. to classical school)
the offense.
1. Must be productive suffering without affecting the integrity
2. Correction or reformation shown by the rules that regulate
of the human personality.
the execution of penalties consisting in deprivation of liberty.
2. Must be commensurate with the offense different crimes
3. Social defense shown by inflexible severity to recidivists and
must be punished with different penalties.
habitual delinquents.
3. Must be personal no one should be punished for the crime of

another.
VI. Constitutional restriction on penalties
4. Must be legal it is the consequence of a judgment according
Excessive fines shall not be imposed, nor cruel punishment
to law.
inflicted
5. Must be certain.
o Cruel and unusual punishment that is so
6. Must be equal for all.
disproportionate to the offense so as to shock the
7. Must be correctional.
moral sense of all reasonable men.

o Constitutional stricture refers to penalties which are
III. States Purpose For Punishing Crime
inhuman and barbarous, or shocking to the conscience
To secure justice The state has
(Weems v. U.S.), and fines and imprisonment are not in
o An existence of its own to maintain.
this category (People v. Dionisio).
o A conscience of its own to assert.

o Moral principles to be vindicated.
Article 21. Penalties that may be imposed.

No felony shall be punishable by any penalty not prescribed by law
IV. Theories Justifying Penalty
prior to its commission.
1. Prevention and suppress the danger to the State arising

from the criminal acts of the offender.
169

POINTS No Penalty Prescribed By Law Prior To Its Commission
U.S. v. Yam Tung Way
I. State Policy About Punishing Crimes o Facts: A allegedly reproduced and sold fraudulent
This article prohibits the government from punishing any copies of anothers literary work. No copyright law.
person for any felony with any penalty, which has not been o Held: A cannot be punished because at that time no
prescribed by the law. law defined and penalized such act.
o Has no application to the Revised Penal Code, because Subsidiary penalty for a crime cant be imposed if not prescribed by
all felonies defined in the Revised Penal Code has a law prior to its commission
prescribed penalty. U.S. v. Macasaet
o May only be invoked when a person is being tried for o Facts: Macasaet was charted and convicted for
an act or omission for which no penalty has been violating Act No. 1189 punishable by a fine. At that
prescribed by law. time, no law provided for imprisonment for failure to
This is a guarantee to the citizen of this country that no act of pay fine by reason of insolvency. Act No. 1732 which
his will be considered criminal until the government has made provides such penalty, and took effect during trial. The
it so by law and has provided a penalty. court imposed subsidiary imprisonment.
o No imprisonment at the discretion of the court. There o Held: Subsidiary imprisonment cannot be imposed
must be limits imposed by the law. because it took effect AFTER the commission of the
o In Batas Pambansa Blg. 22 and libel, the Supreme Court crime.
issued admin orders giving preference to fine over
imprisonment. This doesnt mean that the SC abolished Article 22. Retroactive effect of penal laws.
imprisonment. Penal laws shall have a retroactive effect in so far as they favor the
The favorable judgment by the appellate court on an accused person guilty of a felony, who is not a habitual criminal, as this term is
will be applied to his co-accused if it is favorable and applicable defined in Rule 5 of Article 62 of this Code, although at the time of the
to the latter. publication of such laws a final sentence has been pronounced and
Court can impose either fine or imprisonment. But it can never the convict is serving the same.
imposed fine and/or imprisonment. Accused cant choose
how he wants to serve his sentence. POINTS

II. Reason For The Provision I. Article 22 Not Applicable To Provisions Of Revised Penal Code
A law cannot be rationally obeyed unless it is first shown. Application to Revised Penal Code may only be invoked where
Man cannot be expected to obey an order that has not been some former or subsequent law is under consideration.
given. Article 10 doesnt bar application of Article 22 to special laws.

III. Examples
170

o If by amendment to the Revised Penal Code or special the Motor Vehicle law took effect after the incident,
law, the punishment is made less severe than provided which made the driver liable for only one complex
for in this Code, the accused may invoke Article 22. crime under the RPC instead of two separate crimes.
Issue: Can RA 587 be used?
A. Must Necessarily Relate: Held: Even though RA 587 took effect after the
1. To penal laws existing prior to the Revised Penal Code, in which incident, it can be given retroactive effect.
the penalty was less severe than those of the code OR o Exception applies to a law dealing with prescription of
2. To laws enacted subsequent to the Revised Penal Code, in crime.
which the penalty is more favorable to the accused.
III. Reason For The Exception
B. Courts Can Apply This Provision, Even If Not Invoked By The The sovereign in enacting a subsequent penal law more
Accused favorable to the accused has recognized that the greater
severity of the former law is unjust.
II. Rule However, the new law may provide otherwise
General Rule: Give criminal laws prospective effect. o Republic Act No. 4661 decreasing the prescription of
o People v. Changco Facts: Before Article 365 (RPC) libel from 2 years to 1 year provides that it shall not
was amended, slight physical injuries through reckless apply to cases of libel already filed in court at the time
imprudence was not punishable. On September 21, of its approval.
1954, accused committed such act. On June 21, 1957, o Republic Act No. 9346 prevents the imposition of the
RA 1790 was approved thus making the amendments. death penalty, and could be apply retroactively
Issue: Can accused be punished? because it favors the accused.
Held: The amended Article 365 punishing the act Even if no more death penalty, the
cannot be given retroactive effect such as to punish the classification of heinous crimes still remains
accused. because of the possibility that it will once again
o Giving a law retroactive effect, if unfavorable to the be revived. Moreover, civil liability is still
accused will violate the constitutional inhibition as to dependent on the nature of heinous crimes
ex post facto law. (See Criminal Law in General) (People v Bon).
Exception: To give criminal laws retroactive effect when Even if the offender is a habitual delinquent,
favorable to the accused. this law will still benefit him. Congress intended
o Lapuz v. Court of Appeals Facts: Bus driver convicted it to benefit even the habitual delinquent.
separately of (1) homicide with serious physical injuries
through reckless imprudence and (2) damage to IV. Revised Penal Code Was Not Given Retroactive Effect
property through reckless imprudence for the
destruction caused to the other bus. RA 587 amending
171

Thus, acts committed in violation of a conditional pardon (a The principle that criminal statutes are retroactive so far as
violation of RPC) prior to the effectivity of the RPC cannot be they favor the culprit does not apply to the latters civil liability
punished (Peope v. Carballo). because the rights of the offended party or innocent third
parties are not within the gift of arbitrary disposal of the State.
V. Important Words And Phrases
A. Although At The Time Of The Publication Of Such Laws A Final B. A New Law Increasing Civil Liability Cannot Be Retroactive
Sentence Has Been Pronounced And The Convict Is Serving The Same Thus, Commonwealth Act No. 284 which increased the
Provision of Article 22 that penal laws shall have retroactive minimum indemnity for the death of a person by reason of the
effect insofar as they favor the person guilty of a felony is commission of a crime from P1,000 to P2,000 was not given
applicable even if the accused has already started or is serving retroactive effect (People v. Panaligan).
his sentence.
The favorable retroactive effect of a new law may find the VII. Article 22 v. Article 3661
defendant in one of these three situations: The two articles mean that while felonies and misdemeanors
o The crime has been committed and prosecution begins. committed prior to the date of effectiveness of the Revised
o Sentence has been passed but service has not begun. Penal Code shall be punished in accordance with the Code or
o The sentence is being carried out. Acts in force at the time of their commission, the same should
In any case, the favorable new statute benefits him and should not be the case IF such Code or Acts are unfavorable to the
apply to him. guilty party for the general principle on the retroactivity of
Example: case of Robin Padilla where his sentence was favorable penal laws, recognized in Article 22, should then
shortened after the passing of a new law that decreased the apply.
penalty of illegal possession of firearms.
VIII. Repeal Of Laws
B. Who Is Not A Habitual Criminal? A. Lagrimas Case v. Tamayo Case
Habitual criminals are not entitled to benefit of the provisions
of the new favorable statute. Lagrimas Tamayo
A person shall be deemed to be a habitual delinquent if within Facts Petitioner convicted for Accused was convicted for
a period of ten years from the date of his release or last assault upon a public official violating a municipal
conviction of the crimes of serious or less serious physical and penalized under Article ordinance.
injuries, robbery, theft, estafa, or falsification, he is found guilty 251 of the old penal code. Pending his appeal, the
of any said crimes a third time or oftener (Rule 5, Article 62)
1
Article 366. Application of laws enacted prior to this Code. Without
VI. In Connection To Civil Liability prejudice to the provisions contained in Article 22 of this Code, felonies and
A. Retroactive Effect Not Applicable To Civil Liability misdemeanors, committed prior to the date of effectiveness of this Code shall
be punished in accordance with the Code or Acts in force at the time of their
commission.
172

Article 149 of the RPC ordinance was repealed and C. Repeal Of Penal Law Which Impliedly Repealed An Old Penal Law
does not prescribe a penalty the act complained of was no Revives The Old Law
for the same crime. longer a crime. Thus, when Act 1697, which repealed provisions of the old
Held Petition denied. The intent Case dismissed. A person Penal Code, was itself repealed by old Administrative Code, the
of the RPC was to insure cannot be prosecuted, penalty of the Old Penal Code which was lighter than Act 1697
elimination of crimes convicted and punished for was imposed (U.S. v. Soliman).
penalized by former acts acts no longer criminal.
before its enforcement. It D. No Retroactive Effect Of Penal Laws As Regards Jurisdiction Of
should not have the effect of Court
pardoning the guilty. The jurisdiction of a court to try a criminal action is to be
Ratio Legislature re-enacted the The repeal (completely determined by the law in force at the time of instituting the
provision of Article 251 of eliminating the section of the action, not at the time of the commission of the crime.
the old Penal Code in the ordinance under which the Jurisdiction of courts in criminal cases is determined by the
Revised Penal Code, but accused was being prosecuted) allegations of the complaint or information, not by the findings
does not punish an assault was absolute. the court may make after trial.
upon a public school teacher
anymore. Article 149 of the IX. What Penalty May Be Imposed For The Commission Of A Felony?
Revised Penal Code did not Only the penalty prescribed by law prior to the commission of
absolutely repeal. the felony may be imposed (Article 21).
Where the repeal is by The repeal in this case is Felonies are punishable under the laws in force at the time of
reenactment, the court has absolute, not a reenactment or their commission (Article 366).
jurisdiction to try and punish repeal by implication. No But the penalty prescribed by a law enacted after the
an accused person under the saving clause too. commission of the felony may be imposed, if it is favorable to
old law. the offender (Article 22).

B. Criminal Liability Under Repealed Law Subsists: Article 23. Effect of pardon by the offended party.
1. When the provisions of the former law are reenacted; or A pardon of the offended party does not extinguish criminal action
2. When the repeal is by implication; or except as provided in Article 344 of this Code; but civil liability with
3. When there is a saving clause regard to the interest of the injured party is extinguished by his
Right to punish offenses committed under an old penal law is express waiver.
not extinguished if the offenses are still punished in the INGLES SAYS THIS IS AMENDED BY RA 8353
repealing law. POINTS

I. Important Words And Phrases
173

A. A Pardon By The Offended Party Does Not Extinguish Criminal The ONLY act that can extinguish the penal action after
Action institution of criminal action is marriage between offender and
Crime committed is an offense against the state. In criminal offended party.
cases, the intervention of the aggrieved parties is limited to Pardon under Article 344 is only a bar to criminal prosecution
being witnesses for the prosecution. Article 89 providing for the total extinction of criminal liability
Only the Chief Executive can pardon offenders (Article 36). does not mention pardon by the offended party as one of the
Compromise does not extinguish criminal liability causes of totally extinguishing criminal liability.
There may be a compromise upon the civil liability arising from
an offense, but such compromise shall not extinguish the public C. But Civil Liability With Regard To The Interest Of The Injured Party
action for the imposition of the legal penalty (Article 2034, Civil Is Extinguished By His Express Waiver
Code). Two classes of injury:
A contract stipulating for the renunciation of the right to o Social injury disturbance and alarm resulting from
prosecute an offense or waiving the criminal liability is void. the offense.
The consideration or subject-matter is illegal. o Personal injury caused to the victim who suffered
damage either to his person, property, honor or her
B. Except As Provided In Article 344 Of This Code chastity.
The offended party in the crimes of adultery and concubinage Social injury is sought to be repaired by imposition of penalty.
CANNOT institute criminal prosecution IF he shall have The state has an interest and therefore cannot be extinguished
consented or pardoned the offenders. by pardon of offended party.
o In case of pardon, BOTH offenders must be pardoned. Personal injury is repaired through indemnity, which is civil in
o The pardon may be IMPLIED through continued nature, and can thus be EXPRESSLY waived. The State has not
inaction of the offended party after learning the reason to insist on its payment.
offense.
In the crimes of seduction, abduction, rape or acts of Article 24. Measures of prevention or safety which are nor
lasciviousness, there shall be no criminal prosecution if the considered penalties.
offender has been EXPRESSLY pardoned by the offended party The following shall not be considered as penalties:
or her parents, grandparents, or guardian. 1. The arrest and temporary detention of accused persons, as
Pardon under Article 344 must be made before start of prosecution well as their detention by reason of insanity or imbecility, or
When complaint for the above crimes have been filed in court, illness requiring their confinement in a hospital.
a motion to dismiss based solely on pardon by the offended 2. The commitment of a minor to any of the institutions
party given after the filing of the complaint will be denied by mentioned in Article 80 and for the purposes specified
court. therein.
3. Suspension from the employment of public office during the
trial or in order to institute proceedings.
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4. Fines and other corrective measures which, in the exercise of Plunder Act (Republic Act No. 7080) - suspension of public
their administrative disciplinary powers, superior officials may official after filing of a valid information.
impose upon their subordinates. VAWC (Republic Act No. 9262) offended party entitled to
5. Deprivation of rights and the reparations which the civil laws protection orders, or accused must file a bond to.
may establish in penal form.

POINTS

I. As Well As Their Detention By Reason Of Insanity Or Imbecility
Refers to accused persons who are detained by reason of
insanity or imbecility.
THEIR in the second clause of paragraph 1 refers to accused
persons.

II. They are not considered penalties
Because they are not imposed as a result of judicial
proceedings
Paragraphs 1, 3 and 4 are preventive measures.
Paragraph 2 is not a penalty because it is not imposed by the
court. The imposition of the sentence in such case is
suspended.
o Note: This has been repealed by the Juvenile Justice
Act.
Fines mentioned in Paragraph 4 should not be imposed by the
court, or else they will constitute a penalty.
Paragraph 5 is illustrate in the case of parents who are stripped
of their parental authority if found guilty of the crime of
corruption of their minor children.

III. Relevant Special Penal Laws
PNP Act (Republic Act No. 6975) preventive suspension of
policemen during criminal trials (Sections 41 and 47).
Anti-Graft and Corrupt Practices Act (Republic Act No. 3019)
suspension of public official after filing of a valid information.
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CHAPTER 2: CLASSIFICATION OF PENALTIES Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted
Article 25. Penalties which may be imposed. for, the profession or calling.
The penalties which may be imposed according to this Code, and their Civil interdiction,
different classes, are those included in the following: Indemnification,
Forfeiture or confiscation of instruments and proceeds of the
SCALE offense,
PRINCIPAL PENALTIES Payment of costs.
Capital punishment:
Death. POINTS

Afflictive penalties: I. The Penalties Which May Be Imposed According To This Code x x x
Reclusion perpetua, Are Those Included in Article 25 only
Reclusion temporal, The Revised Penal Code does not prescribe the penalty of life
Perpetual or temporary absolute disqualification, imprisonment for any of the felonies therein defined, that
Perpetual or temporary special disqualification, penalty being invariably imposed for serious offenses penalized
Prision mayor. not by the Revised Penal Code but by special law.
Examples:
Correctional penalties: o Sentence of five years in Bilibid is defective because it
Prision correccional, does not specify the exact penalty prescribed in the
Arresto mayor, RPC (US v. Avillar)
Suspension, o Penalty of life imprisonment or cadena perpetua is
Destierro. erroneous as it has been abolished. The correct term is
reclusion perpetua. (People v. Abletes).
Light penalties: Reclusion perpetua is not the same as life imprisonment as the
Arresto menor, Code does not prescribe life imprisonment as a penalty. It is a
Public censure. penalty used by special laws. Reclusion perpetua entailed
imprisonment for at least 30 years after which the convict
Penalties common to the three preceding classes: becomes eligible for parole. It also carried with accessory
Fine, and penalties such as perpetual special disqualification.
Bond to keep the peace.
II. R.A. 9346 Prohibited The Imposition Of The Death Penalty
ACCESSORY PENALTIES Signed into law on June 24, 2006 and provided for the
Perpetual or temporary absolute disqualification, imposition of penalty of reclusion perpetua in lieu of death
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when the law violated makes use of the nomenclature of the 2. Deprivation of freedom (reclusion, prision, arresto)
penalties of the RPC. 3. Restriction of freedom (destierro)
4. Deprivation of rights (disqualification and suspension)
III. Classifications Of Penalties 5. Pecuniary (fine)
A. Principal v. Accessory Penalties
Two classifications C. Classification Of Penalties According To Their Gravity
o Principal Penalties those expressly imposed by the 1. Capital
court in the judgment of conviction. 2. Afflictive
o Accessory Penalties those that are deemed included 3. Correctional
in the imposition of the principal penalties. 4. Light
Principal Penalties according to their divisibility Corresponds to Article 9: Grave, less grave, light felony
o Divisible Penalties are those that have fixed
duration and are divisible into three periods D. Public Censure Is A Penalty
o Indivisible Penalties those which have no fixed Being a penalty, not properly imposed in acquittal.
duration. The court may only impose a penalty if the accused is found
Death guilty. The power to mete out punishments; a finding of guilt
Reclusion Perpetua must precede the punishment.
Perpetual absolute or special disqualification
Public censure IV. Court Acquitting The Accused May Criticize His Acts Or Conduct
Penalties are either principal or accessory The court, while acquitting an accused, may permit itself
o Perpetual or temporary absolute/special nevertheless to criticize or reprehend his acts or conduct in
disqualification and suspensions may be principal or connection with the transaction out of which the accusation
accessory penalties, because they are formed in two arose.
general classes.
o Article 236 punishes the crime of anticipation of V. Reclusion Perpetua
duties of public office through suspension as principal Court should use proper Revised Penal Code nomenclature
penalty. Indivisible penalty (Reclusion Perpetua, Perpetual absolute or
o Article 226, 227 and 228 punishing infidelity of special disqualification, public censure)
public officers in the custody of documents, provide for o Not affected by mitigating or aggravating
temporary special disqualification as a principal circumstances. The penalty is imposed in its entirety,
penalty. even if there is special aggravating or two mitigating, it
will not be affected.
B. Classification Of Penalties According To Subject-Matter o But if PRIVILEGED mitigating, it may be reduced by 1 or
1. Corporal (death) 2 degrees.
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After imprisonment of 30 years, eligible for pardon. Compare with bond for good behavior (Article 248 for grave
o Court may not impose 30 years of reclusion perpetua, and light threats only). Failure to post bond for good behavior
they should just impose reclusion perpetua. means destierro for accused. Failure to post bond to keep the
o The 30 years does not refer to the duration of reclusion peace.
perpetua, but to the eligibility of parole and for
purposes of computing the three-fold rule. VIII. Instances When Lesser Offense Absorbs Graver Offense
Different from life imprisonment Rebellion (RT) absorbs murder (RP)
o Exception: In Presidential Decree No. 818 (Syndicated Forcible abduction (RT) absorbs illegal detention of a woman
Estafa), imprisonment is a maximum of 30 years with (RP)
accessory penalties provided by Revised Penal Code for Slavery involving kidnapping of a person (PM) absorbs
30 years. kidnapping (RP)

VI. Disqualification And Suspension Article 26. When afflictive, correctional, or light penalty.
A. Dual Personality Of Disqualification And Suspension A fine, whether imposed as a single of as an alternative penalty, shall
It can be a principal penalty be considered an afflictive penalty, if it exceeds 6,000 pesos; a
o Temporary disqualification 6years, 1 day to 12 years. correctional penalty, if it does not exceed 6,000 pesos but is not less
o Suspension 6 months, 1 day to 6 years. than 200 pesos; and a light penalty if it less than 200 pesos.
It can also be an accessory penalty
o Follow the period of the principal penalty. POINTS
o Court cannot extend the disqualification or suspension
if it merely follows the principal penalty, cant extend I. Whether Imposed As A Single Or As An Alternative Penalty
beyond principal penalty. Example: Article 144 punishing disturbance of proceedings, the
penalty is arresto mayor or a fine ranging from P200 to P1,000.
B. Suspension
All prisoners whether under preventive detention or serving A. Penalties Cannot Be Imposed In The Alternative
final sentence, cannot practice their profession or engage in The law does not permit any court to impose a sentence in the
any business or occupation, or hold office, elective or alternative, its duty being to indicate the penalty imposed
appointive, while in detention. definitely and positively.
Fine is not a substitute for imprisonment. Its completely
VII. Bond To Keep The Peace independent.
Bond to keep the peace is a principal penalty yet there is no
crime in Book II that imposes it. No occasion to mete this II. Article 26 Merely Classifies Fines And Has Nothing To Do With The
penalty on a convict. Definition Of Light Felony
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If the fine prescribed by the law for a felony is exactly P200, it is
a light felony because Article 9, Paragraph 3 which defines light
felonies should prevail.
What if exactly P200, how do you reconcile Article 9 and Article
26?
o Article 9 should prevail when the issue is prescription of
crime. Its considered a light felony and prescribes in 2
months.
o Article 26 should prevail when the issue is prescription
of penalty. Its considered correctional, and prescribes
in 10 years.

A. Fine Is:
1. Afflictive over P6,000
2. Correction P200 to P6,000
3. Light penalty less than P200

B. Bond To Keep The Peace Is By Analogy:
1. Afflictive over P6,000
2. Correctional P200 to P6,000
3. Light penalty less than P200

III. Who Receives The Fines
Fine is not given to the complainant; it is given to the State.
Fine is for vindication!
Accused can use his cash bail bond to pay his fine, if he is
convicted. Law does not prohibit him from using his cash bail
bond to pay his fine. It is only meant to ensure his attendance
during the process.
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CHAPTER 3: DURATION AND EFFECT OF PENALTIES
POINTS
SECTION 1 DURATION OF PENALTIES
I. Duration Of Each Different Penalties
Article 27. 1. Reclusion perpetua 20 yrs. and 1 day to 40 yrs.
Reclusion perpetua. Any person sentenced to any of the perpetual 2. Reclusion temporal 12 yrs. and 1 day to 20 yrs.
penalties shall be pardoned after undergoing the penalty for thirty 3. Prision mayor and temporary disqualification 6 years. and 1
years, unless such person by reason of his conduct or some other day to 12 yrs, except when disqualification is accessory penalty,
serious cause shall be considered by the Chief Executive as unworthy in which case its duration is that of the principal penalty.
of pardon. 4. Prision correctional, suspension, and destierro 6 months and
1 day to 6 yrs, except when suspension is an accessory penalty

in which case its duration is that of the principal penalty.
Reclusion temporal. The penalty of reclusion temporal shall be
5. Arresto mayor 1 month and 1 day to 6 months.
from twelve years and one day to twenty years.
6. Arresto menor 1 day to 30 days

7. Bond to keep the peace the period during which the bond
Prision mayor and temporary disqualification. The duration of the
shall be effective is discretionary on the court.
penalties of prision mayor and temporary disqualification shall be

from six years and one day to twelve years, except when the penalty
II. Temporary Disqualification And Suspension When Imposed As
of disqualification is imposed as an accessory penalty, in which case
Accessory Penalties, Have Different Durations They Follow The
its duration shall be that of the principal penalty.
Duration Of The Principal Penalty.
Prision correccional, suspension, and destierro. The duration of the
penalties of prision correccional, suspension and destierro shall be III. In What Cases Is Destierro Imposed?
from six months and one day to six years, except when suspension is 1. Serious physical injuries or death under exceptional
imposed as an accessory penalty, in which case, its duration shall be circumstances (Article 247).
that of the principal penalty. 2. In case of failure to give bond for good behavior (Article 284).
3. As a penalty for the concubine in concubinage (Article 334).
Arresto mayor. The duration of the penalty of arresto mayor shall 4. In cases where after reducing the penalty by one or more
be from one month and one day to six months. degrees, destierro is the proper penalty.

Arresto menor. The duration of the penalty of arresto menor shall IV. Bond To Keep The Peace Is Not Specifically Provided So As A
Penalty For Any Felony And Therefore Cannot Be Imposed By The
be from one day to thirty days.
Court.

Bond to keep the peace. The bond to keep the peace shall be
required to cover such period of time as the court may determine.
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Bond for good behavior under Article 284 of the Code is only 3. The duration of other penalties: the duration is from the day
required of a person making a grave or light threat, and not in on which the offender commences to serve his sentence.
other cases or crimes.
II. Rules In Cases Of Temporary Penalties:
Article 28. Computation of penalties. If under detention Rule 1 applies
If the offender shall be in prison, the term of the duration of the If not detained Rule 3 applies
temporary penalties shall be computed from the day on which the Examples of temporary penalties:
judgment of conviction shall have become final. 1. Temporary absolute disqualification
2. Temporary special disqualification
If the offender be not in prison, the term of the duration of the 3. Suspension
penalty consisting of deprivation of liberty shall be computed from
the day that the offender is placed at the disposal of the judicial III. Rules In Cases Of Penalties Consisting Of Deprivation Of Liberty
authorities for the enforcement of the penalty. The duration of the Not in prison Rule 2 applies.
other penalties shall be computed only from the day on which the In prison (e.g. preventive imprisonment) Rule 3 applies
defendant commences to serve his sentence. Exemption: offender is entitled to deduction of full time or 4/5
of the time of his detention (See Article 29).
POINTS Examples of penalties consisting in deprivation of liberty:
1. Imprisonment
I. Rules In Computation Of Penalties: 2. Destierro
1. When the offender is in prison: the duration of temporary
penalties is from the day on which the judgment of conviction Article 29. Period of preventive imprisonment deducted from term
becomes final. of imprisonment.
o Reason for Rule 1 Computation begins from the date Offenders or accused who have undergone preventive imprisonment
conviction becomes final and not from the day of his shall be credited in the service of their sentence consisting of
detention, because under Article 24 the arrest and deprivation of liberty, with the full time during which they have
temporary detention is not considered a penalty. undergone preventive imprisonment if the detention prisoner agrees
o An accused who appealed will commence serving his voluntarily in writing to abide by the same disciplinary rules imposed
sentence from the date the appellate court upon convicted prisoners, except in the following cases:
promulgated its decision, NOT when the trial court 1. When they are recidivists, or have been convicted previously
promulgated it (Ocampo v. Court of Appeals). twice or more times of any crime; and
2. When the offender is not in prison: the duration of penalties 2. When upon being summoned for the execution of their
consisting in deprivation of liberty, is from the day that the sentence they have failed to surrender voluntarily.
offender is placed at the disposal of judicial authorities for the
enforcement of the penalty. If the detention prisoner does not agree to abide by the same
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disciplinary rules imposed upon convicted prisoners, he shall be o Exception: Youthful offenders shall be credited in the
credited in the service of his sentence with four-fifths of the time service of his sentence with the full time he spent in
during which he has undergone preventive imprisonment. (As actual confinement and detention. The written consent
amended by Republic Act No. 6127, June 17, 1970). to abide by the disciplinary rules is not necessary.
(Article 197, Presidential Decree No. 603).
Whenever an accused has undergone preventive imprisonment for a o Exception: Section 41, Juvenile Justice Act states that
period equal to or more than the possible maximum imprisonment of any form of physical restraint imposed on a child in
the offense charged to which he may be sentenced and his case is not conflict with the law including his community service or
yet terminated, he shall be released immediately without prejudice to commitment to a rehab center shall be considered as
the continuation of the trial thereof or the proceeding on appeal, if preventive imprisonment. Thus:
the same is under review. In case the maximum penalty to which the If the minor juvy is imprisoned pending trial, he
accused may be sentenced is destierro, he shall be released after shall be credited with the service of the
thirty (30) days of preventive imprisonment. (As amended by Republic sentence with the full time in which the child
Act No. 6127, and further amended by E.O. No. 214, prom. July 10, was preventively imprisoned.
1987.) If the child has served the full time, director can
When is there preventive imprisonment? determine if child still has to stay in rehab.
4/5 Time if the detention prisoner does not agree to abide
POINTS by said disciplinary rules.

I. When Is There Preventive Imprisonment? III. The Credit Is Given In The Service Of Sentences Consisting Of
The accused undergoes preventive imprisonment when the Deprivation Of Liberty
offense charged is non-bailable, or even if bailable, he cannot Destierro constitutes deprivation of liberty.
furnish the required bail. o Although destierro is not imprisonment, a person
Preventive penalties are considered even in the case of penalized with such may still be credited with the time
perpetual punishments. This article does not make any he underwent preventive imprisonment.
distinction between temporal and perpetual penalties. o If destierro is the maximum penalty to which the
accused may be sentenced, he must still be released
II. The Full Time Or Four-Fifths Of The Time During Which The after serving whatever prison sentence (for example
Offenders Have Undergone Preventive Imprisonment Shall Be arresto menor) is required, since destierro is not served
Deducted From The Penalty Imposed in prison (See p.634).
Full Time if the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules imposed upon A. Credit When Punished Only With A Fine
convicted prisoners. If the offense for which the offender is undergoing preventive
imprisonment is punishable by imprisonment or a fine, and
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upon conviction the court imposed on him only a fine, there is
no credit to be given.
The fine imposed cannot be lessened in light of ones
preventive imprisonment.

B. Credit When Punished With Imprisonment
1. The convict is to be released immediately if the penalty
imposed after trial is less than the full time or four-fifths of the
time of the preventive imprisonment.
o The accused is to be released immediately whenever
he has undergone preventive imprisonment for a
period equal to or more than the possible maximum
imprisonment for the offenses charged.
o In such case, file a petition for habeas corpus to secure
your release if youre not released.
2. Offenders not entitled to the full time or four-fifths of the time
of preventive imprisonment:
a. Recidivists or those previously convicted twice or more
of any crime (Habitual delinquent is included).
b. Those who, upon being summoned for the execution of
their sentence, failed voluntarily to surrender.

C. Credit When Punished With Imprisonment And Fine
What if the accused is detained, then sentenced to
imprisonment and fine, and he has already served his sentence
but has not yet paid the fine, may he be released? No. He has
to pay the fine first.
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SECTION 2 EFFECTS OF PENALTIES ACCORDING TO THEIR the term of the sentence, according to the nature of said penalty, of
RESPECTIVE NATURE 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
Article 30. Effects of the penalties of perpetual or temporary to hold any public office during the period of his disqualification.
absolute disqualification.
The penalties of perpetual or temporary absolute disqualification for Article 33. Effects of the penalties of suspension from any public
public office shall produce the following effects: office, profession or calling, or the right of suffrage.
1. The deprivation of the public offices and employments which The suspension from public office, profession or calling, and the
the offender may have held even if conferred by popular exercise of the right of suffrage shall disqualify the offender from
election. holding such office or exercising such profession or calling or right of
2. The deprivation of the right to vote in any election for any suffrage during the term of the sentence.
popular elective office or to be elected to such office.
3. The disqualification for the offices or public employments and The person suspended from holding public office shall not hold
for the exercise of any of the rights mentioned. another having similar functions during the period of his suspension.
In case of temporary disqualification, such disqualification as is
comprised in paragraphs 2 and 3 of this article shall last during Article 34. Civil interdiction.
the term of the sentence. Civil interdiction shall deprive the offender during the time of his
4. The loss of all rights to retirement pay or other pension for any sentence of the rights of parental authority, or guardianship, either as
office formerly held. 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
Article 31. Effect of the penalties of perpetual or temporary special property by any act or any conveyance inter vivos.
disqualification.
The penalties of perpetual or temporary special disqualification for Article 35. Effects of bond to keep the peace.
public office, profession or calling shall produce the following effects: It shall be the duty of any person sentenced to give bond to keep the
1. The deprivation of the office, employment, profession or peace, to present two sufficient sureties who shall undertake that such
calling affected; person will not commit the offense sought to be prevented, and that
2. The disqualification for holding similar offices or employments in case such offense be committed they will pay the amount
either perpetually or during the term of the sentence, determined by the court in its judgment, or otherwise to deposit such
according to the extent of such disqualification. amount in the office of the clerk of the court to guarantee said
undertaking.
Article 32. Effects of the penalties of perpetual or temporary special
disqualification for the exercise of the right of suffrage. The court shall determine, according to its discretion, the period of
The perpetual or temporary special disqualification for the exercise of duration of the bond. (Read also Art. 284)
the right of suffrage shall deprive the offender perpetually or during
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Should the person sentenced fail to give the bond as required he shall b. Disqualification for holding similar offices or
be detained for a period which shall in no case exceed six months, if he employments perpetually or during the term of the
shall have prosecuted for a grave or less grave felony, and shall not sentence.
exceed thirty days, if for a light felony. 3. The penalties of perpetual or temporary special disqualification
for the exercise of the right to suffrage produce the following
POINTS effects:
a. Deprivation of the right to vote or to be elected to any
I. Perpetual v. Temporary public office.
Perpetual effective during the lifetime of the convict even b. Cannot hold any public office during the period of
after serving his sentence. disqualification.
Temporary lasts during the term of the sentence and 4. The penalties of suspension from public office, profession or
removed after service of the same calling or the right to suffrage produce the following effects:
o Exception: (1) Deprivation of public office or a. Disqualification from holding such office or exercising
employment, and (2) loss of all rights to retirement pay such profession or calling or right of suffrage during the
or other pension for any office formerly held. term of the sentence.
b. If suspended from public office, the offender cannot
II. Outline Of The Effects Of Penalties Under Articles 30-35 hold another office having similar functions during the
1. The penalties of perpetual or temporary absolute period of suspension.
disqualification for public office produce the following effects: 5. Civil interdiction shall produce the following effects:
a. Deprivation of public offices and employments, a. Deprivation of the rights of parental authority or
even if by election. guardianship of any ward.
b. Deprivation of right to vote or to be elected. b. Deprivation of marital authority.
c. Disqualification for the offices or public c. Deprivation of the right to manage his property and of
employments and for the exercise of any of the the right to dispose of such property by any act or any
rights mentioned. conveyance inter vivos.
d. Loss of right to retirement pay or pension for any Note: A convict can prepare a will because its not a
office formerly held. donation inter vivos.
2. The penalties of perpetual or temporary special Disqualification 6. Bonds to keep the peace:
for public office, profession or calling produce the following a. The offender must present two sureties who shall
effects: undertake that the offender will not commit the offense
a. Deprivation of the office, employment, profession or sought to be prevented, and in that case that such
calling affected. offense be committed they will pay the amount
determined by the court.
185

b. The offender must deposit such amount with the clerk
of court to guarantee said undertaking. I. Effects Of Pardon By The President
c. The offender may be detained, if he cannot give the 1. A pardon shall not restore the right to hold public office or the
bond, for a perios not less than 6 months if prosecuted right of suffrage.
for grave or less grave felony, or for a period not to 2. It shall not exempt the culprit from the payment of the civil
exceed 30 days, if for a light felony. indemnity. The pardon cannot make an exception to this rule.

II. Disqualification Is WITHHOLDING Of A Privilege, NOT Denial Of A II. Limitation Upon The Exercise Of The Pardoning Power:
Right 1. That the power can be exercised only after conviction.
Manifest purpose of the restrictions is to preserve the purity of o Any application of pardon should not be accepted until
elections. One rendered infamous by conviction of a felony, or the appeal is withdrawn.
other base offense indicative of moral turpitude, is unfit to o Agencies and instrumentalities of the govt. must require
exercise the privilege of suffrage or to hold office. proof (e.g. certification of the court regarding
withdrawal of such appeal).
III. What Suspension From Exercise Of Profession Covers 2. That such power does not extend to cases of impeachment
Suspension, which deprives the offender of the right of
exercising any kind of profession or calling covers such calling or III. Pardon Granted In General Terms Does Not Include Accessory
trade as for instance that of broker, master plumber, etc. Penalties
Only the effect of the principal penalty is extinguished.
IV. Bond To Keep Peace Is Not Bail Bond Exception: Where facts show that the purpose of the Chief
Bond to keep the peace or for good behavior is imposed as a Executive is precisely to restore lost rights.
penalty in threats (Article 284). o When an absolute pardon is granted AFTER the term of
This differs from bail bond which aims to secure provisional imprisonment has expired it removes all that is left of
release pending final judgment. the consequences of conviction.
Suppose a pardon is granted after the convict served 30 years of
Article 36. Pardon; its effect. imprisonment. Does it also pardon the perpetual absolute
A pardon shall not work the restoration of the right to hold public disqualification?
office, or the right of suffrage, unless such rights be expressly restored o No, because Article 30 is silent about the length and
by the terms of the pardon. Article 36 requires that such restoration be EXPRESS.

A pardon shall in no case exempt the culprit from the payment of the IV. Pardon Of Chief Executive v. Pardon Of Offended Party
civil indemnity imposed upon him by the sentence.
Chief Executive Offended Party
POINTS Extinguishes criminal liability Doesnt extinguish criminal liability
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Doesnt include civil liability Civil liability can be waived 1. The reparation of the damage caused.
Pardon should be AFTER Pardon should be BEFORE 2. Indemnification of consequential damages.
conviction and to any of the institution of criminal prosecution 3. The fine.
offenders. and to both offenders. 4. The costs of the proceedings.

Article 37. Cost. What are included. POINTS
Costs shall include fees and indemnities in the course of the judicial
proceedings, whether they be fixed or unalterable amounts previously I. Order For Pecuniary Liability
determined by law or regulations in force, or amounts not subject to 1. The reparation of the damage caused
schedule. 2. Indemnification of the consequential damages
3. Fine (a pecuniary penalty under Article 25)
POINTS 4. Cost of proceedings
Note: 1 and 2 pertain to the offended party. 3 and 4 pertain to the
I. The Following Are Included In Costs: government.
1. Fees
2. Indemnities in the course of judicial proceedings A. What If Guilty Of Several Offenses?
Follow the chronological order of the dates of final judgment
II. Rules: rendered against the convict, beginning with the first final
1. Costs are chargeable to the accused in case of conviction. judgment.
o Thus in case of acquittal, the costs are de oficio, each
party bearing his own expenses. II. When Is Article 38 Applicable?
1. No costs against the Republic, unless the law provides the It is applicable in case the property of the offender should not
contrary (Sec. 1, Rule 142, Rules of Court) be sufficient for the payment of all his pecuniary liabilities. The
2. Payment of costs is discretionary (of the courts) order of payment is provided in this article, and must be
o Whether the costs should be assessed against the observed.
accused lie within the discretion of the court. The There is reparation in the crime of rape when the dress of the
government may request the court to assess costs woman was torn. This is distinct from indemnity (U.S. v.
against the accused, but not as a right. No attorneys Yambao).
fees shall be taxed as a cost against the adverse party.
Article 39. Subsidiary penalty.
Article 38. Pecuniary liabilities. Order of payment. If the convict has no property with which to meet the fine mentioned
In case the property of the offender should not be sufficient for the in paragraph 3 of the next preceding article, he shall be subject to a
payment of all his pecuniary liabilities, the same shall be met in the subsidiary personal liability at the rate of one day for each eight pesos,
following order: subject to the following rules:
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1. If the principal penalty imposed be prision correccional or There is no subsidiary penalty for nonpayment of (1) reparation
arresto and fine, he shall remain under confinement until his of the damage caused, (2) indemnity, and (3) costs of
fine referred in the preceding paragraph is satisfied, but his proceedings.
subsidiary imprisonment shall not exceed one-third of the o He cant be ordered to serve subsidiary imprisonment
term of the sentence, and in no case shall it continue for more for failure to pay pecuniary liability (reparations), but he
than one year, and no fraction or part of a day shall be can serve for pecuniary penalty (fine).
counted against the prisoner. It is the penalty prescribed or imposed by the court, not the
2. When the principal penalty imposed be only a fine, the penalty provided for the Code which should be considered in
subsidiary imprisonment shall not exceed six months, if the determining whether or not subsidiary penalty should be
culprit shall have been prosecuted for a grave or less grave imposed.
felony, and shall not exceed fifteen days, if for a light felony. Subsidiary imprisonment is not imprisonment for debt since it
3. When the principal penalty imposed is higher than prision does not arise from an obligation to pay a sum of money arising
correccional no subsidiary imprisonment shall be imposed from a contract.
upon the culprit.
4. If the principal penalty imposed is not to be executed by II. Judgment of conviction must impose subsidiary imprisonment
confinement in a penal institution, but such penalty is of fixed That the accused will undergo subsidiary imprisonment in case
duration, the convict, during the period of time established in of insolvency can only be imposed if specifically imposed in the
the preceding rules, shall continue to suffer the same judgment of conviction.
deprivation as those of which the principal penalty consists. Subsidiary imprisonment is not an accessory penalty.
5. The subsidiary personal liability which the convict may have The decision need not state that there should not be any
suffered by reason of his insolvency shall not relieve him from subsidiary imprisonment when the law forbids it.
the fine in case his financial circumstances should improve. (As
amended by Republic Act No. 5465, April 21, 1969.) III. If Accused Has No Property With Which To Meet The Fine
Article 39 applies only when the accused has no property with
POINTS which to meet the fine. If the accused has enough property, he
cannot choose subsidiary imprisonment instead of paying.
I. What Is Subsidiary Penalty?
It is a subsidiary personal liability to be suffered by the convict IV. The Word Principal Should Be Omitted
who has NO property with which to meet the fine he is Spanish: cuando la pena impuesta when the penalty imposed
penalized with, at the rate of one day for each eight pesos. Spanish text should be controlling.
o Retroactive application of Republic Act No. 5465: An act
amending Article 29 of Revised Penal Code increasing V. Rules:
the rate per day of subsidiary penalty from two pesos 1. Prision Correcional or arresto and fine Subsidiary
and fifty centavos to eight pesos. imprisonment not to exceed 1/3 of the term of the sentence
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and in no case to continue for more than one year. Fraction or deserves an additional penalty of 12 years and 1 day of
part of a day not counted. reclusion temporal, there is no subsidiary imprisonment.
2. Fine only Subsidiary imprisonment not to exceed 6 months, if
the culprit is prosecuted for a grave or less grave felony, and not VIII. The Subsidiary Penalty Is The Same Deprivation As Those Of
to exceed 15 days if for a light felony Which The Principal Penalty Consists
3. Higher than Prision Correcional NO subsidiary imprisonment If the principal penalty is imprisonment, the subsidiary penalty
4. Penalty is not to be executed by confinement but of fixed must also be imprisonment.
duration Subsidiary penalty shall consist in the same If the principal penalty is suspension, the subsidiary penalty
deprivations as those of the principal penalty, under the same must also be suspension.
rules as in numbers 1, 2 and 3.
5. In case the financial circumstances improve He shall pay the IX. The Convict Who Served Subsidiary Penalty May Still Be Required
fine notwithstanding the fact the convict suffered subsidiary To Pay The Fine
personal liability therefor. See Article 39, paragraph 5.

VI. The Penalty Imposed Must Be (1) Prision Correccional, (2) Arresto X. No Subsidiary Penalty In The Following Cases:
Mayor, (3) Arresto Menor, (4) Suspension, (5) Destierro Or (6) Fine 1. When the penalty imposed is higher than Prision Correcional
Only 2. For failure to pay the reparation of the damage caused,
If the penalty imposed by the court is not one of them, indemnification and the costs of the proceedings
subsidiary penalty cannot be imposed. There is no subsidiary 3. When the penalty imposed is fine and a penalty not to be
penalty, if the penalty imposed by the court is prision mayor, executed by confinement in a penal institution which has NO
reclusion temporal, or reclusion perpetua. fixed duration
o If imprisonment is 6 years and 1 day, it is prision mayor,
and therefore no subsidiary imprisonment can be XI. Subsidiary Imprisonment Under Special Laws
imposed. Persons convicted of violation of special laws are liable to
Penalty not to be executed by confinement, but has a fixed subsidiary imprisonment in case of insolvency in the payment of
duration (e.g. suspension, destierro) can impose subsidiary. indemnity, except where the indemnity consists in unpaid
Penalty not to be executed by confinement, but has no fixed internal revenue tax.
duration (e.g. public censure) cannot impose subsidiary. Act No. 1732 (Rules in case the court shall impose a fine as a
whole or as part of the punishment for any criminal offense
VII. Additional Penalty For Habitual Delinquency Should Be Included In made punishable by any special law.)
Determining Whether Or No Subsidiary Penalty Should Be Imposed o These provisions are applicable to offense made
Even if the penalty imposed is not higher than prision punishable by acts of the Philippine Legislature.
correctional, if the accused is a habitual delinquent who Rules
189

a. When the court merely imposes a fine, the subsidiary
liability shall not exceed 6 months, at the ate of one day
of imprisonment for every P2.50
b. In case both fine and imprisonment are imposed, the
subsidiary liability shall not exceed 1/3 of the term of
the imprisonment, and in no case shall it exceed 1 year.
c. In case the imprisonment is for more than 6 years in
addition to a tine, there shall be no subsidiary
imprisonment.
d. When a fine is imposed for violation of any municipal
ordinance or ordinances of the City of Manila, the rate is
one day for ever P1.00, until the fine is satisfied,
Provided, that the total subsidiary imprisonment does
not exceed 6 months if the penalty imposed is fine
alone; and not more than 1/3 of the principal penalty, if
the it is imposed together with imprisonment.
Since the Tax Code does not provide for the imposition of a
subsidiary penalty in case of insolvency, no subsidiary
imprisonment can be imposed.

XII. Subsidiary Imprisonment, Like Accessory Penalties, Not Essential In
Determining Jurisdiction
What determines jurisdiction of the Court in criminal cases is
the extent of the penalty, which the law imposes for the crime
charged in the information or complaint.
It is settled rule that subsidiary imprisonment, like accessory
penalties, is not essential in the determination of the criminal
jurisdiction of a court.

190

SECTION 3 PENALTIES IN WHICH OTHER ACCESSORY
PENALTIES ARE INHERENT Article 44. Arresto. Its accessory penalties.
The penalty of arresto shall carry with it that of suspension of the
Article 40. Death Its accessory penalties. right to hold office and the right of suffrage during the term of the
The death penalty, when it is not executed by reason of commutation sentence.
or pardon shall carry with it that of perpetual absolute
disqualification and that of civil interdiction during thirty years POINTS
following the date of sentence, unless such accessory penalties have
been expressly remitted in the pardon. I. Outline Of Accessory Penalties INHERENT In Principal Penalties:
1. Death, when not executed by reason of commutation or
Article 41. Reclusion perpetua and reclusion temporal. Their pardon (a) Perpetual absolute disqualification, (b) Civil
accessory penalties. Interdiction for 30 years
The penalties of reclusion perpetua and reclusion temporal shall carry 2. Reclusion Perpetua and Reclusion Temporal (a) Civil
with them that of civil interdiction for life or during the period of the Interdiction for life or during the sentence, (b) Perpetual
absolute disqualification
sentence as the case may be, and that of perpetual absolute
3. Prision Mayor (a) Temporary absolute disqualification, (b)
disqualification which the offender shall suffer even though pardoned
perpetual special disqualification from suffrage
as to the principal penalty, unless the same shall have been expressly
4. Prision Correcional (a) Suspension fro Public office,
remitted in the pardon.
profession or calling, (b) perpetual disqualification from

suffrage if the duration of the imprisonment exceeds 18
Article 42. Prision mayor. Its accessory penalties.
months
The penalty of prision mayor shall carry with it that of temporary
5. Arresto (a) suspension of the right to hold public office and
absolute disqualification and that of perpetual special disqualification
the right of suffrage during the term of the sentence
from the right of suffrage which the offender shall suffer although
6. Destierro has no accessory penalty
pardoned as to the principal penalty, unless the same shall have been

expressly remitted in the pardon.
When the penalty imposed is reclusion perpetua as a penalty

next higher in degree, the accessory penalty shall be that under
Article 43. Prision correccional. Its accessory penalties.
Article 40 but the offender shall not be given the benefit of the
The penalty of prision correccional shall carry with it that of
provision of Article 27 until 40 years have elapsed, otherwise,
suspension from public office, from the right to follow a profession or
there could be no difference at all between reclusion perpetua
calling, and that of perpetual special disqualification from the right of
when imposed as a penalty next higher in degree and when it is
suffrage, if the duration of said imprisonment shall exceed eighteen
imposed as a penalty fixed by law (People v. Bago).
months. The offender shall suffer the disqualification provided in this

article although pardoned as to the principal penalty, unless the same
II. Unless Expressly Remitted In The Pardon
shall have been expressly remitted in the pardon.
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The accessory penalties in Article 40-43 must be suffered by tools with which it was committed.
the offender, although pardoned as to the principal penalties.
To be relieved of them, it must be EXPRESSLY REMITTED in Such proceeds and instruments or tools shall be confiscated and
pardon. 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
III. Persons Who Served Out The Penalty May Not Have The Right To not subject of lawful commerce shall be destroyed.
Exercise The Right To Suffrage:
General Rule: POINTS
o Absolute pardon for any crime for which one-year
imprisonment or more was meted out restores the I. Outline Of The Provision Of This Article
prisoner his political rights. 1. Every penalty imposed carries with it the forfeiture of the
o Where the penalty is less than one year, the proceeds of the crime and the instruments or tools used in the
disqualification does not attach, except when the crime commission of the crime
committed is one against property. 2. The proceeds and instruments or tools are confiscated and
A was prosecuted for physical injuries and forfeited in favor of the government.
condemned to 10 months imprisonment. 3. Property of a third person not liable for the offense is not
Though not pardoned, he is not disqualified. subject to confiscation and forfeiture.
B was convicted of theft and served 10 months. 4. Property not subject of lawful commerce shall be destroyed.
Unless given an absolute pardon, B cant vote.
C was sentenced to 4 years imprisonment for II. No Forfeiture Where There Is No Criminal Case
physical injuries or estafa. Unless pardoned, he Although seizure may be made, the seized items cannot be
cannot exercise the right to suffrage. disposed or destroyed until after conviction (Philips v.
Nature of the crime is immaterial when the penalty imposed is Municipal Mayor).
one-year imprisonment or more. o The ruling is based on the phrase every penalty
imposed. A penalty cannot be imposed unless there is
IV. Accessory Penalties Are Deemed Imposed a criminal case filed, tried and the accused convicted.
Accessory penalties are understood to be ALWAYS imposed Forfeiture cannot be ordered if the accused is acquitted,
upon the offender by the mere fact that the law fixes a certain because no penalty is imposed.
penalty for a given crime (See Article 73). Courts cannot order the confiscation of property belonging to a
third person if the latter is not indicted.
Article 45. Confiscation and forfeiture of the proceeds or o Instruments of the crime belonging to innocent third
instruments of the crime. person may be recovered.
Every penalty imposed for the commission of a felony shall carry with Confiscation can be ordered only if the property is submitted in
it the forfeiture of the proceeds of the crime and the instruments or evidence or placed at the disposal of the court.
192

o US v. Filart V. Where The Accused Has Appealed, Confiscation And Forfeiture Not
Facts: The accused planned to sell 450 tickets Ordered By The Trial Court May Be Imposed By The Appellate Court
for an automobile raffle. The court ordered the
confiscation of the automobile and the money VI. Summary of Rules:
obtained from selling the tickets. None of these 1. No forfeiture where there is no criminal case.
were in the possession of the parties or the 2. Courts cannot order the confiscation of property belonging to a
court that the time the order of confiscation third person is the latter is not indicted.
was made. 3. Confiscation can be ordered only if the property is submitted in
Held: The court had not jurisdiction to order evidence or placed at the disposal of the court.
the confiscation of the property not in the 4. Articles which are forfeited, when the order of forfeiture is
possession of either the court itself or the already final, cannot be returned even in case of an acquittal.
parties involved. 5. Confiscation and forfeiture are additional penalties.
6. Applicable to Special Penal Laws as well.
III. Articles Which Are Forfeited When The Order Of Forfeiture Is
Already Final, Cannot Be Returned Even In Case Of An Acquittal
Commissioner of Customs v. Encarnacion
o Facts: Article brought by a crew member of PAL were
confiscated by Customs for not having declared it. The
order of forfeiture became final while the crew
member was charged with violation of the RPC. The
crew member was later acquitted, and the court
ordered the return of the articles.
o Held: The court erred in ordering the release of the
articles because such articles already belong to the
government.

IV. Confiscation And Forfeiture Are Additional Penalties
Where the penalty imposed did not include the confiscation of
the dollars involved, the confiscation and forfeiture sought
would be an additional penalty and would amount to an
increase of the penalty already imposed thereby placing the
accused in double jeopardy. Thus, it cannot be allowed (People
v. Alejandro Paet y Velasco).

193
CHAPTER 4: APPLICATION OF PENALTIES The division of a divisible penalty refers to the proper period of
the penalty which should be imposed when aggravating or
mitigating circumstances attend the commission of the crime.
SECTION 1 RULES FOR THE APPLICATION OF PENALTIES
TO THE PERSONS CRIMINALLY LIABLE AND FOR THE Article 47. In what cases the death penalty shall not be imposed;
GRADUATION OF THE SAME. Automatic review of death penalty cases.
The death penalty shall be imposed in all cases in which it must be
Article 46. Penalty to be imposed upon principals in general. imposed under existing laws, except when the guilty person is below
The penalty prescribed by law for the commission of a felony shall be 18 years of age at the time of the commission of the crime or is more
imposed upon the principals in the commission of such felony. 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
Whenever the law prescribes a penalty for a felony in general terms it obtained for the imposition of the death penalty, in which cases the
shall be understood as applicable to the consummated felony. penalty shall be reclusion perpetua.
POINTS In all cases where the death penalty is imposed by the Court for
automatic review and judgment by the court en banc, within 20 days
I. Rule but not earlier than 15 days after promulgation of the judgment or
A. General Rule: Penalty Prescribed In General Terms notice of denial of any motion for new trial or reconsideration. The
The penalty prescribed by law in general terms shall be transcript shall also be forwarded within 10 days after the filing therof
imposed: by the stenographic reporter (As amended by Republic Act No. 2659)
o Upon the principals
o For consummated felony POINTS
B. Exception: When The Law Fixes A Penalty For Frustrated Or I. Duty Of The Courts
Attempted Felony A. Majority Vote Of The Supreme Court Is Required For The
The exception is when the penalty to be imposed upon the Imposition Of Death
principal in frustrated or attempted felony is fixed by law. The vote of 8 members is required (Article VIII, Section4(1),
1987 Constitution).
II. Graduation Of Penalties By Degrees Or By Periods o Republic Act No. 296 can be given retroactive effect.
The graduation of penalties by degrees refers to stages of This provides that 8 justices must concur in the
execution (consummated, frustrated, attempted) and to the imposition of death penalty. It is procedural and not
degree of the criminal participation of the offender (principal, substantive and applicable to cases pending at the time
accomplice or accessory). of its approval.
194
The records of all cases imposing the penalty of death, reclusion Where the penalty of reclusion perpetua is imposed, in lieu of
perpetua or life imprisonment shall be forwarded by the Court the death penalty, there is a need to perfect an appeal.
of Appeals to the Supreme Court for review o Perfecting an appeal means doing all the acts necessary
to place the case on the court's calendar.1
B. Court Of Appeals To Review Death Penalty Cases
People v. Mateo The Court now deems it wise and III. Imposition Of Death Penalty
compelling to provide in death penalty cases a review by the A. Death Penalty Is Not Imposed In The Following Cases:
Court of Appeals before it is elevated to the Supreme Court to 1. When the guilty person is below 18 years of age at the time of
minimize the possibility of error in judgment (particularly of the commission of the crime.
factual issues). 2. When the guilty person is more than 70 years of age.
o Death penalty shall not be imposed when guilty person
C. The Trial Court Must Require The Prosecution To Present Evidence, is over 70 years. This refers to the time when the final
Despite Plea Of Guilty, When The Crime Charged Is Punished With decision is rendered.
Death o People v. Alcantara: Even if accused was 64 at the start
The essence of judicial review is that while society allows of trial, he was past 70 when the final decision was
violent retribution for heinous crimes, it always must make rendered. Death cant be imposed.
certain that the blood of the innocent is not spilled or the guilty 3. When upon appeal or automatic review of the case by the
made to suffer more than their just measure of punishment. Supreme Court, the vote of 8 members is not obtained for the
A sentence of death is valid only if it is susceptible of a fair and imposition of the death penalty.
reasonable examination by the court.
B. Exceptional Cases In Which Death Penalty Was Not Imposed
II. Suspension Of The Imposition Of The Death Penalty People v. Dela Cruz Considering that the circumstances
A. The 1987 Constitution Merely Suspended The Imposition Of Death under which the offense was perpetrated in light of the
Penalty deplorable conditions existing in the national penitentiary.
Article III, Section 19, 1987 Constitution does not expressly People v. Marcos When the facts of the case tend to show
declare the abolition of the death penalty. that the crime was NOT the result of any deliberate and well-
It merely suspended the imposition of death penalty. formed nefarious conspiracy of a criminal group. Appellant
obviously did not fully realize the gravity of the crime.
B. Republic Act No. 7659 v. Republic Act No. 9346
December 31, 1993 Republic Act No. 7659 restored the IV. Justification For Death Penalty
death penalty. 1. Social defense
June 24, 2006 Republic Act No. 9346 prohibited the 2. Exemplarity
imposition of death penalty, and in lieu of it, reclusion perpetua
was imposed. 1Supreme Court of the State of New York,
http://www.courts.state.ny.us/courts/ad2/faqs.shtml
195
V. Death Penalty Not Cruel And Unusual POINTS

Death penalty is not excessive, unjust or cruel. Punishments are
cruel when they involve torture or lingering death. Cruelty I. At Least Two Crimes Must Be Committed
implies something inhuman and barbarous, that is more than The commission of at least two crimes. But two or more grave
the extinguishment of life. or less grave felonies must be the result of a single act, or an
offense must be a necessary means for committing the other.
VI. Death penalty shall be imposed in all cases in which it must be In Complex Crime, When The Offender Executes Various Acts,
imposed under existing law. He Must Have A Single Purpose
As long as death penalty remains in the statute books, it is the o People v. Gallardo to commit estafa, the accused
duty of the judicial officers to respect and apply the law had to commit 17 falsifications.
regardless of private opinion (People v. Limaco). o Gonzalez v. City Fiscal 27 vouchers were falsified not
for the single purpose of estafa. One or more offenses
A. Crimes Where Death Penalty Is Imposed not necessary means for committing others.
1. Treason
2. Piracy II. A Complex Crime Is Only One Crime
3. Qualified piracy Although two or more crimes are committed, they constitute
4. Qualified bribery only one crime in the eyes of the law one criminal intent.
5. Parricide This is actually for the benefit of the offender since even if two
6. Murder crimes are committed, the law only punished the offender for
7. Infanticide one, although it is in the maximum. In the eyes of the law, the
8. Kidnapping and serious illegal detention two crimes stem from one criminal intent this is less perverse
9. Robbery with homicide in the crimes of the law compared to punishing him for two
10. Destructive arson crimes. This applies to both compound crimes and complex
11. Rape with homicide crime proper.
12. Plunder o The reason for the single penalty is that the basis of the
13. Certain violations of the Dangerous Drugs Act felony is the singularity of the act.
14. Carnapping Only one information must be filed charging the complex
felony.
Article 48. Penalty for complex crimes. o If you want to charge someone with forcible abduction
When a single act constitutes 2 or more grave or less grave felonies, with rape, you have to allege the elements of both
or when an offense is a necessary means for committing the other, forcible abduction and rape.
the penalty for the most serious crime shall be imposed, the same to o If one is not proven, then the accused can be convicted
be applied in its maximum period. of the other (Boado).
196
An accused should not be harassed with various prosecutions

III. Two Kinds of Complex Crime: based on the same act by splitting it into various charges.
1. Compound Crime When a single act constitutes two or more VI. Article 48 Is Intended To Favor The Culprit
grave or less grave felonies. It could have no better purpose than to prescribe a penalty
2. Complex Crime Proper When an offense is a necessary lower than the aggregate of the penalties for each offense, if
means for committing the other. imposed separately.
When two or more crimes are the result of a single act, the
IV. No Complex Crime: offender is deemed less perverse than when he commits said
When two or more crimes are committed but (1) not by a single crimes through separate and distinct acts.
act and (2) one is not a necessary means for committing the
other. VII. The Penalty For Complex Crime Is The Penalty For The Most
When in the definition of a felony one offense is an Serious Crime, The Same Is To Be Applied In Its Maximum Period
indispensable means to commit the other, there is no complex The same rule observed when an offense is a necessary means
crime. for committing the other.
o Example: No complex crime when trespass to dwelling But when one of the offenses, as a means to commit the other,
is a direct means to commit a grave offense like rape, was committed by one of the accused by reckless imprudence,
homicide or murder. that the accused who committed the offense by reckless
When one offense is committed to conceal the other imprudence is liable for his act only.
o After committing homicide, the accused set the house When the homicide, physical injuries, and the burning of the
where it was perpetrated on fire. house are the result of one single act of negligence, there is
o The amount appropriated to himself was in the only one penalty, but there are three civil liabilities.
possession and at the disposal of the accused and he When two felonies constituting a complex crime are punishable by
could have appropriated it to himself without the imprisonment and fine, respectively, only the penalty of imprisonment
necessity of the falsified document. Two crimes were should be imposed.
committed. The falsification was a means to conceal,
not to commit malversation (US v. Geta). VIII. Article 48 Applies Only To Cases Where The Code Does Not
In the crime of rebellion with murder, arson, robbery or other Provide A Definite Specific Penalty For A Complex Crime
common crimes. Murder, arson and robbery are ingredients in
the crime of rebellion and are absorbed and inherent in it. COMPOUND CRIME
I. When a single act constitutes two or more grave or less grave
V. When Two Crimes Produced By A Single Act Are Respectively felonies
Within The Exclusive Jurisdiction Of Two Courts Of Different
Jurisdiction, The Court Of Higher Jurisdiction Shall Try The Complex II. Elements Of Compound Crime:
Crime 1. That only a single act is performed by the offender.
197
2. That the single act produces victims received and there is a possibility that they
a. Two or more grave felonies or were killed by one and the same missile.
b. One or more grave and one or more less grave
c. Two or more less grave felonies B. No Single Act
d. If a light felony likewise resulted, the light felony shall Several shots from Thompson sub-machine gun causing several
be treated as a separate offense. A separate deaths, although caused by a single act of pressing the trigger
information must be filed for them. are considered several acts (People v. Desierto)
o It is not the act of pressing the trigger which should be
III. Examples: considered as producing several felonies, but the
A. Single Act number of bullets which actually produced them.
The single act of throwing a hand grenade producing murder Act directed against two different persons even though
and multiple attempted murder (People v. Guillen). resulting from one criminal impulse are distinct crimes (People
Placing a time bomb in a plane which caused it to explode mid- v. Alfindo).
air killing 13 persons is a complex crime of multiple murder and Two victims each received more than one bullet wound. They
destruction of property (People v. Largo). were standing far apart from each other. Accused liable for two
When in obedience to an order several accused simultaneously separate murders (People v. Basarain).
shot many persons, without evidence how many each killed,
there is only one single offense, there being a single criminal IV. Crimes Not Covered By Article 48
impulse (People v. Lawas) A. Felonies
o Note: This rule is applicable only when there is no Take note of the word felonies. This precludes application to
evidence at all to show the number of persons killed ordinances and Special Penal Laws.
by each of several defendants. The single criminal The felonies resulting from the single act must be felonies in
impulse has no legal basis but is acceptable when it is the Revised Penal Code.
not certain who among the accused killed or injured o If punishable under the Revised Penal Code and a
each of the several victims. The ruling in People v. Special Penal Law (or an ordinance), Article 48 will not
Lawas is not applicable when there was conspiracy to apply. The offender may be charged and convicted for
perpetuate the killings. both crimes, separately without double jeopardy.
When it is within the scope of possibility that the two victims
were killed by one and the same missile. Absent showing that B. Examples:
the victims died from more than one bullet, the crime should Estafa and illegal recruitment
be classified as a complex crime (People v. Bersamin). Estafa and B.P. Blg. 22
o Ruling in the Bersamin case is applicable only when Rape and sexual assault (SPL)
there is no evidence as to how many wounds the
198
Accused inserted his fingers, and then his penis to victims parricide with unintentional abortion (People v.
vagina. NOT complex crime. One count rape, one count sexual Paycana).
assault. Not a complex crime. (People v Nequia).
Rape with homicide is a special complex crime not covered by V. Light Felonies Produced By The Same Act Should Be Treated And
Article 48. Article 266-B punishes rape with homicide Punished As Separate Offenses Or May Be Absorbed By The Grave
specifically. Felony
No complex crime of arson with homicide under Article 48. 1. Several light felonies resulting from one single act not
Article 320 as amended by Republic Act No. No.7659 provides complex
a penalty. o Collision between two automobiles resulting into
Theft of firearm and illegal possession of same firearm do not damage of property and slight physical injuries.
form a complex crime they are two distinct crimes. Illegal 2. When the crime is committed by force or violence, slight
possession requires intent to use not just own, which is not the physical injuries are absorbed.
case in every theft (People v. Estoista). o Slight physical injuries absorbed in rape.
What if only one victim, will Article 48 apply? Yes. Governor
was performing duties and was killed by accused. Complex VI. Applicable To Crimes Through Negligence
crime of direct assault with homicide. Article 48 speaks of felonies which make it applicable to Article
Supposing one wants to kill another with treachery, but there 365 which defines and penalizes criminal negligence (fault).
abberatio ictus or error in personae, can the crime committed Municipal mayor who accidentally discharges a gun in a school
by the accused be a complex crime? Yes. Homicide with program killing a girl and injuring a boy is liable for a complex
attempted homicide. crime of homicide with less serious physical injuries through
Dude stabbed victim with a bolo, the bolo hit both the victim reckless imprudence (People v. Castro).
and the person behind him. Complex crime of murder and
serious physical injuries (People v. Patrolla). COMPOUND COMPLEX CRIME PROPER
Accused forcibly inserted his penis into the vagina of the I. When an offense is a necessary means for committing the other
woman. She sustained less serious physical injuries in her Complex crimes do not exist when the two crimes are punished
vagina. Complex crime of rape with less serious physical under different statutes.
injuries. (Ingles: cant find the citation by J-Call! Lets trust his
lecture!) II. Elements Of Compound Complex Crime Proper
What if there was no intent to kill, but two people died because 1. That at least two offenses are committed.
of the acts of the accused, will Article 48 apply? Yes. Article 48 2. That one or some of the offenses must be necessary to commit
applies even to praeter intentionem. the other.
o Example: dude stabbed wife who was 7 months 3. That both or all the offenses must be punished under the same
pregnant. Both wife and baby died. Complex crime of statute.
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III. FIRST ELEMENT: That At Least Two Offenses Committed II. Kinds Of Plurality Of Crimes
People v. Barbas The falsification of the cedula certificate 1. Formal or Ideal one criminal liability
which is a crime under Article 171 was necessary to commit the o 3 Groups Of Formal Or Ideal Type
crime of malversation under Article 217, because the accused a. When the offender commits complex crimes (Article
had to falsify the duplicate of the cedulas to obtain from the 48)
taxpayers the money which he later misappropriated. b. Composite Crimes, that is when the law specially fixes a
People v. Manguiat The crime of forcible abduction was a single penalty for two or more offenses committed.
necessary means for committing the crime of rape. c. When the offender commits continued (delito
continuado) or continuing crime (transitory crime).
IV. SECOND ELEMENT: Necessary To Commit The Other Ingles: Justice Callejo did not distinguish
The first crime committed is to insure and facilitate the between continued crimes and continuing
commission of the next crime. crimes, he lumped them together as delito
o The first is necessary but not indispensable because if continuado. Boado, however, distinguished
it is indispensable, then it is an element of the crime. between the two. The distinction it seems is
The phrase merely signified that, for instance, a crime such as academic, the effect being the same that only
simple estafa can be and ordinarily is committed in the manner one crime is considered committed.
defined in the Revised Penal Code, but if the estafador resorts 2. Real or material there are different crimes in the law as well
to or employs falsification, merely to facilitate and insure his as in the conscience of the offender. In such case, the offender
committing estafa, then he is guilty of the complex crime of will be punished for each and ever offense he committed.
estafa through falsification. o Example: A stabbed B with a knife. A also stabbed C.
There are two acts, two crimes.
V. THIRD ELEMENT: Punished Under The Same Statute
Homicide and illegal possession of firearms are punished under III. Plurality Of Crimes v. Recidivism
different statutes. Recidivism Plurality
Republic Act No. No. 8294 made the use of unlicensed firearm There must be conviction by final No conviction of any of the crimes
in murder or homicide not as a separate crime but as a special judgment of the first or prior committed
aggravating circumstance. offense
PLURALITY OF CRIMES COMPOSITE CRIMES

I. Definition I. Definition
Consists in the successive execution by the same individual of Those which in the eyes of the law are treated as single
different criminal acts upon any of which no conviction has yet indivisible offenses although in reality are made up of more
been declared. than one crime.
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II. Composite v. Complex Crime concurrence or delictual acts is called a delito

Composite Crime Complex Crime continuado.
Combo of offenses is fixed Combo is not specified but generalized. The series of acts born of a single criminal impulse may be
by law. perpetrated during a long period of time.
Penalty is specific. Not specific, but for the most serious
offense in the max period. II. A Continued Crime Is Not A Complex Crime
Even if there are more than If more than one count of the crime In continued crimes, one offense is not a necessary means for
one count of the forming part of the complex crime, the committing another. As such, penalty imposed not in max.
component crime (like first shall be complexed, while the other The principle is applied in connection with two or more crimes
several rapes), still just one counts are treated as separate crimes committed with a single intent.
composite crime to be (forcible abduction with rape, with
charged. subsequent rapes charged separately). III. Continued Crime v. Transitory Crime
If light felony accompanies Light felonies are not absorbed, they Transitory crime moving crime like kidnapping a person for
the commission of the have to be filed separately. the purpose of ransom.
composite offence, such is When a transitory crime is committed, the criminal action may
absorbed. be instituted and tried in the court of the municipality, city or
province wherein any of the essential ingredients thereof took
CONTINUED CRIME place. The singleness of the crime, committed by executing tow
I. Definition or more acts is not considered.
A principle wherein a single crime consisting of series of acts
but all arising from one criminal resolution. IV. Continued Crime v. Real Or Material Plurality
o Impelled by a single criminal impulse but committed by Real or material Continued crime
a series of overt acts at about the same time in about Series of acts performed by the offender
the same place and all the overt acts violate one and Each act is a separate crime Different acts constitute only one
the same provision of law. generated by different criminal crime because all the acts arise
o When two acts are deemed distinct from one another impulses. from one criminal impulse.
although proceeding from the same criminal impulse.
Although there are a series of acts, there is only one crime V. Test: Single Criminal Impulse Test
committed. One penalty should be imposed. A. Applies To:
o When the actor, there being unity of purpose and of Theft of 13 cows at same place and time.
right violated, commits diverse acts, each of which, Theft of 6 roosters belonging to 2 different owners from the
although of a delictual character, merely constitutes a same coop and at the same time
partial execution of a single particular delict, such Also see Mallari v. People, wherein the accused falsified two
documents over two parcels of land as security for loans from
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two people. He made it appear that the owners of the land 1. If the penalty prescribed for the felony committed be higher
mortgaged the property to the two people from whence he got than that corresponding to the offense which the accused
the loan. The Supreme Court considered it as only one crime intended to commit, the penalty corresponding to the latter
because they were done in only one occasion (same date, place shall be imposed in its maximum period.
and time). There was only one deceit practiced by petitioner on 2. If the penalty prescribed for the felony committed be lower
the two victims. than that corresponding to the one which the accused
intended to commit, the penalty for the former shall be
B. Does Not Apply: imposed in its maximum period.
To formal/instantaneous crimes. Adultery is not a delito 3. The rule established by the next preceding paragraph shall not
continuado. Each sexual act is an offense. It is consummated be applicable if the acts committed by the guilty person shall
and exhausted (like the accused) at the time of carnal union. also constitute an attempt or frustration of another crime, if
the law prescribes a higher penalty for either of the latter
CONTINUING CRIME offenses, in which case the penalty provided for the attempt
I. Definition or the frustrated crime shall be imposed in the maximum
One where any of the elements of the offense was committed period.
in different localities such that the accused may be indicted in
any of those localities. POINTS
II. Only Considered As One Crime I. Article 14 Has Reference To The Provision Of The 1st Paragraph Of
May also refer to any offense which is continuing in time Article 4
o Rebellion When the crime actually committed is different from that
o Squatting intended, the penalty to be imposed must be governed by this
o Violation of B.P. Blg. 22 article.
o Abduction, kidnapping, illegal detention
Applicable to Special Penal Laws? Yes. See Santiago v. II. Article 14 Applies Only When There Is Mistake In Identity Of The
Garchitorena where Court said that Miriams signing the order Victim Of The Crime, And The Penalty For The Crime Committed Is
to allow 32 aliens to stay was a continuing crime. She was Different From That For The Crime Intended To Be Committed
charged only once. Paragraph 1 of Article 4 covers
1. Aberratio Ictus (Mistake in the Blow) A fired his gun at his
Article 49. Penalty to be imposed upon the principals when the father, with intent to kill him, but he missed) and hit C, killing
crime committed is different from that intended. the latter.
In cases in which the felony committed is different from that which 2. Error in Personae (Mistake in Identity) A, thinking that a
the offender intended to commit, the following rules shall be person was B, fired at the person who turned out to be C, the
observed: father of A.
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3. Praeter intentionem (More serious consequence not intended) frustrated felony.

A, without intent to kill, boxed B, who fell and hit the
pavement. B died due to the fracture of the skull. Article 51. Penalty to be imposed upon principals of attempted
The rules stated in paragraphs 1 and 2 of Article 49 CANNOT crime.
apply to cases involving (1) aberratio ictus (covered by Article The penalty lower by two degrees than that prescribed by law for the
48) and (3) praeter intentionem (covered by Article 13). consummated felony shall be imposed upon the principals in an
It is only applicable to (2) error in personae since only one attempt to commit a felony.
crime is produced by the act of the offender, there could be no
complex crime (Article 38) which presupposes the commission Article 52. Penalty to be imposed upon accomplices in a
of at least two crimes. consummated crime.
The penalty next lower in degree than that prescribed by law for the
III. Article 49 Is Applicable Only When The Intended Crime And The consummated felony shall be imposed upon the accomplices in the
Crime Actually Committed Are Punished With Different Penalties commission of a consummated felony.
If the intended crime and the crime actually committed are
punished with the same or equal penalties. Article 49 is NOT Article 53. Penalty to be imposed upon accessories to the
applicable. commission of a consummated felony.
The penalty lower by two degrees than that prescribed by law for the
IV. Article 49 v. Article 48 consummated felony shall be imposed upon the accessories to the
Article 49 Article 48 commission of a consummated felony.
The lesser penalty is to be The penalty for the more or most
imposed serious crime shall be imposed Article 54. Penalty to be imposed upon accomplices in a frustrated
To be applied in the maximum The same to be applied in its crime.
period maximum period The penalty next lower in degree than that prescribed by law for the
frustrated felony shall be imposed upon the accessories to the
V. Rule 3 In Article 49 Is Not Necessary commission of a frustrated felony.
Because the cases contemplated in that paragraph may well be
covered by Article 48, in view of the fact that the same act Article 55. Penalty to be imposed upon accessories of a frustrated
committed by the guilty person, which gives rise to one crime, crime.
also constitutes an attempt or a frustration of another crime. The penalty lower by two degrees than that prescribed by law for the
frustrated felony shall be imposed upon the accessories to the
Article 50. Penalty to be imposed upon principals of a frustrated commission of a frustrated felony.
crime.
The penalty lower in degree than that prescribed by law for the Article 56. Penalty to be imposed upon accomplices in an attempted
consummated felony shall be imposed upon the principals in a crime.
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The penalty next lower in degree than that prescribed by law for an
attempt to commit a felony shall be imposed upon the accomplices in A. Examples:
an attempt to commit the felony. 1. Facts: A convicted of attempted homicide A shot B with intent
to kill but without inflicting a mortal wound.
Article 57. Penalty to be imposed upon accessories of an attempted o Penalty for consummated homicide: reclusion
crime. temporal.
The penalty lower by two degrees than that prescribed by law for the o To find the penalty that is lower by one or more
attempt shall be imposed upon the accessories to the attempt to degrees: look in Scale No. 1 of Article 71.
commit a felony. Held: Because A only committed attempted homicide: penalty
to be imposed is that which is lower by two degrees than
POINTS reclusion temporal which is prision correccional.
o Penalty for frustrated homicide: one degree lower than
I. Diagram Of The Application Of Articles 50 To 57 reclusion temporal which is prision mayor in the
Consummated Frustrated Attempted same Scale No. 1 of Article 71
Principals 0 1 2
Accomplices 1 2 3 2. Facts: A (principal), B (accomplice), C (accessory) convicted of
Accessories 2 3 4 consummated homicide.
0 penalty prescribed by law imposed on the principal in a Held:
consummated offense (according to provisions of Article 46) o As penalty reclusion temporal (as principal)
Other figures degrees to which penalty must be lowered to o Bs penalty prision mayor (as accomplice: penalty
meet different situations anticipated by law. next lower in degree than prescribed for consummated
For Articles 50, 51, 52, 53 Basis for reduction of penalty by homicide)
one or two degrees: the penalty prescribed by law for o Cs penalty prision correccional (as accessory: two
consummated crime. degrees lower than that prescribed for consummated
For Articles 54-55 Basis for reduction: penalty prescribed by homicide)
law for frustrated felony.
For Articles 56-57 basic penalty used for reduction by one or In the examples, penalties shall be imposed in the proper
two degrees: for attempted felony. period and shall be subject to the provisions of the
In making any reduction by one or two degrees: basis used is Indeterminate Sentence Law.
that already prescribed NOT as already reduced.
Under Article 51: penalty for attempted crime is that for II. Exceptions To The Rules Established In Articles 50 To 57
consummated felony reduced by two degrees NOT penalty for Article 60 Articles 50-57 shall not apply to cases where the
the frustrated felony reduced by one degree (De los Angeles v. law expressly prescribes the penalty for a frustrated or
People)
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attempted felony, or to be imposed upon accomplices or VI. What Is A Period Of Penalty?

accessories. PERIOD: one of the three equal portions (either minimum/
The penalty for frustrated parricide, murder, or homicide, may medium/ maximum) of a divisible penalty (Article 65).
be two degrees lower; and the penalty for attempted parricide, A period of a divisible penalty, when prescribed by the Code as
murder, or homicide may be three degrees lower. a penalty for a felony, is in itself a degree.
o Article 250 The courts (in view of facts of case) may o Example: In Article 140, the penalty for leader of a
impose upon person guilty of frustrated crime of sedition is prision mayor in its minimum period and fine
parricide, murder, or homicide penalty lower by one o It (minimum period) being a degree penalty lower
degree than that which should be imposed under than that penalty is prision correcional in its maximum
Article 50; Courts may reduce by one degree penalty period
under Article 51 imposed for an attempt to commit any
of said crimes. Article 58. Additional penalty to be imposed upon certain
accessories.
IV. What Are The Bases For The Determination Of The Extent Of Those accessories falling within the terms of paragraph 3 of Article 19
Penalty To Be Imposed Under The Revised Penal Code? of this Code who should act with abuse of their public functions. Shall
1. Stage reached by the crime in its development suffer the additional penalty of absolute perpetual disqualification if
(attempted/frustrated/consummated). the principal offender shall be guilty of a grave felony, and that of
2. Participations therein of the persons liable. absolute temporary disqualification if he shall be guilty of a less grave
3. Aggravating or mitigating circumstances which attended the felony.
commission of the crime.
For 1 (stages of execution) and 2 (participation of persons POINTS
liable) penalty is graduated by degree.
I. Additional Penalties For Public Officers Who Are Guilty As
V. What Is A Degree In Relation To Penalty? Accessories Under Paragraph 3 Of Article 19
DEGREE: one entire/whole penalty; one unit of the penalties Public officers who help the author of a crime by misusing their
enumerated in the graduates scales found in Article 71. office and duties shall suffer the additional penalties of:
o Each of the penalties of reclusion perpetua, reclusion 1. Absolute perpetual disqualification if principal offended guilty
remporal, prision mayor etc. IS a degree of grave felony.
When there is mitigating or aggravating circumstance: penalty 2. Absolute temporary disqualification if principal offender
is lowered or increased by period only EXCEPT when penalty is guilty of less grave felony.
divisible and there are two ore more mitigating without Article 58 limits its provisions to grave or less grave felonies
aggravating circumstances if this happens, penalty is lowered because it is not possible to have accessories liable for light
by a degree. felonies (Article 16).
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II. This Article Applies Only To Public Officers Who Abused Their Public According to Positivist theory: such person should not be
Functions punished there is neither social danger nor degree of
Accessories referred to in Article 58 those falling within the criminality shown by him; act is absolutely harmless; no
term of paragraph 3 of Article 19 (recall: harboring, concealing, common sense.
or assisting in the escape). But one who discharged shotgun at another from 200 yards
Additional penalty in Article 58 imposed only on accessories away guilty of discharge of firearm (Article 254) not of
that misused his public office or authority in participating in impossible crime no proof of intent to kill on part of offender
crime (who should act with abuse of their public functions). and it was possible of accomplishing the evil intent of offender
(to frighten offended party) (People v. Agbuya).
Article 59. Penalty to be imposed in case of failure to commit the
crime because the means employed or the aims sought are III. Is The Penalty For Impossible Crime Proper?
impossible. Penalty of arresto mayor or fine of P200-500 subject to
When the person intending to commit an offense has already criticism because article uses words offense and crime
performed the acts for the execution of the same but nevertheless the which include light felony.
crime was not produced by reason of the fact that the act intended One who attempt to commit light felony of impossible
was by its nature one of impossible accomplishment or because the materialization may be punished by penalty of arresto mayor
means employed by such person are essentially inadequate to (higher than the prescribed for consummated light felony or
produce the result desired by him, the court, having in mind the social arresto menor).
danger and the degree of criminality shown by the offender, shall Provision of Article 59 limited to cases where act performed
imposed upon him the penalty of arresto mayor or a fine ranging from would be grave felonies or less grave felonies.
200-500 pesos.
Article 60. Exceptions to the rules established in Articles 50 to 57.
POINTS The provisions contained in Articles 50 to 57, inclusive, of this Code
shall not be applicable to cases in which the law expressly prescribes
I. Penalty For Impossible Crime the penalty provided for a frustrated or attempted felony, or to be
Penalty for impossible crime is arresto mayor or a fine ranging imposed upon accomplices or accessories.
from 200 to 500 pesos.
POINTS
II. Basis For Imposition Of Proper Penalty: (1) Social Danger; And (2)
Degree Of Criminality Shown By The Offender I. Articles 50 To 57 Do Not Apply When The Law Expressly Prescribes
Court must take into consideration the social danger and the The Penalty For A Frustrated Or Attempted Felony Or To Be Imposed
degree of criminality shown by the offender (Article 59). Upon Accomplices Or Accessories
o Example: Person fired revolver upon enemy 1 kilometer On the occasion or in consequence of an attempted or
away shows stupidity rather than dangerousness. frustrated robbery, the offender commits a homicide law
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provides in Article 297: the special penalty of reclusion Article 162 Knowingly using counterfeited seal or forged
temporal in its maximum period to reclusion perpetua shall be signature or stamp of the President.
imposed upon the offender. Article 168 Illegal possession and use of a false treasury note
If not for this provision in Article 60, the penalty to be imposed or bank note.
is reclusion temporal: penalty next lower in degree than Article 173(3) Using a falsified document.
reclusion perpetua to death which is the penalty for Article 173(2) Using a falsified dispatch.
consummated offense of robbery with homicide.
Reason: enormity of the offense of attempted or frustrated Article 61. Rules for graduating penalties.
robbery with homicide; law provides special penalty therefore. For the purpose of graduating the penalties which, according to the
provisions of Articles 50 to 57, inclusive, of this Code, are to be
II. Accomplice, Punished As Principal imposed upon persons guilty as principals of any frustrated or
General Rule: Accomplice punished by penalty one degree attempted felony, or as accomplices or accessories, the following
lower than penalty imposed upon principal. rules shall be observed:
Exception: 2 CASES that the Code punishes accomplice with 1. When the penalty prescribed for the felony is single and
same penalty upon principal are: indivisible, the penalty next lower in degrees shall be that
o Article 346 Ascendants, guardians, curators, immediately following that indivisible penalty in the
teachers, and any person who by abuse of authority or respective graduated scale prescribed in Article 71 of this
confidential relationship, shall cooperate as Code.
accomplices in the crimes of rape, acts of lasciviousness 2. When the penalty prescribed for the crime is composed of
seduction, corruption of minors, white slave trade or two indivisible penalties, or of one or more divisible penalties
abduction. to be impose to their full extent, the penalty next lower in
o Article 268 One who furnished the place for the degree shall be that immediately following the lesser of the
perpetration of the crime of slight illegal detention. penalties prescribed in the respective graduated scale.
Furnishing the place for the perpetration of the 3. When the penalty prescribed for the crime is composed of one
crime is ordinarily the act of an accomplice. or two indivisible penalties and the maximum period of
another divisible penalty, the penalty next lower in degree
III. Accessory Punished As Principal shall be composed of the medium and minimum periods of
Article 142 knowingly concealing certain evil acts are usually the proper divisible penalty and the maximum periods of the
acts of the accessory but under this article is punished as act of proper divisible penalty and the maximum period of that
the principal. immediately following in said respective graduated scale.
4. When the penalty prescribed for the crime is composed of
A. Certain Accessories Are Punished With A Penalty One Degree several periods, corresponding to different divisible penalties,
Lower Instead Of Two Degrees the penalty next lower in degree shall be composed of the
period immediately following the minimum prescribed and of
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the two next following, which shall be taken from the penalty
prescribed, if possible; otherwise from the penalty II. The Lower Penalty Shall Be Taken From The Graduated Scale In
immediately following in the above mentioned respective Article 71.
graduated scale. Scale No. 1 in Article 71 (penalties in order):
5. When the law prescribes a penalty for a crime in some a. Death
manner not especially provided for in the four preceding b. Reclusion perpetua,
rules, the courts, proceeding by analogy, shall impose c. Reclusion temporal,
corresponding penalties upon those guilty as principals of the d. Prision mayor,
frustrated felony, or of attempt to commit the same, and e. Prision correccional,
upon accomplices and accessories. f. Arresto mayor,
g. Destierro,
POINTS h. Arresto menor,
i. Public censure,
I. Article 61 provides for the rules to be observed in lowering the j. Fine.
penalty by one or two degrees Indivisible penalties: (1) death, (2) reclusion perpetua, (3) public
Article 46 provides that penalty prescribed by law in general censure
terms shall be imposed upon principal in consummated felony Divisible penalties: reclusion temporal down to arresto menor
Articles 50-57 provides that penalty prescribed by law for the Divisible penalties divided into 3 periods: (1) minimum, (2)
felony shall be lowered one or two degrees: medium, (3) maximum
a. Principal in frustrated felony one degree lower;
b. Principal in attempted felony two degrees lower; ILLUSTRATIONS OF THE RULES
c. Accomplice in consummated felony one degree I. FIRST RULE: When the penalty is single and indivisible.
lower; and Ex. Reclusion perpetua penalty for kidnapping and failing to
d. Accessory in consummated felony two degrees lower. return a minor (Article 270)
Rules in Article 61 also applies in determining minimum of the In Scale No. 1 of Article 71 penalty immediately following
indeterminate penalty under the Indeterminate Sentence Law reclusion perpetua is reclusion temporal (therefore it is the
o Minimum of the indeterminate penalty is within the penalty next lower in degree).
range of penalty next lower than prescribed by Revised
Penal Code for the offense II. SECOND RULE:
Rules also apply in lowering penalty by one or two degrees by A. Penalty is composed of two indivisible penalties.
reason of presence of privileged mitigating circumstance Indivisible penalties: reclusion perpetua to death
(Article 68 & 69), or when the penalty is divisible and there are They are the penalties for parricide (Article 246)
2 or more generic mitigating circumstances and NO Penalty immediately following lesser of the penalties (or
aggravating circumstance (Article 64). reclusion perpetua) reclusion temporal
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B. When the penalty is composed of one or more divisible penalties to 3. Minimum accomplice; or
be imposed to their full extent. Prision Mayor 1. Maximum penalty for the
Divisible penalty imposed to full extent reclusion temporal principal in frustrated
o Penalty immediately following divisible penalty of felony.
reclusion temporal prision mayor 2. Medium
Two divisible penalties imposed to full extent prision 3. Minimum
correccional to prision mayor.
o Penalty immediately following the lesser penalty B. When the penalty is composed of one indivisible penalty and the
between prision correccional to prision mayor maximum period of a divisible penalty.
arresto mayor (Scale No. 1 Article 71) Ex: Reclusion temporal in max period to reclusion perpetua
Same rule observed in lowering penalty by 1-2 degrees
III. THIRD RULE:
A. When the penalty is composed of two indivisible penalties and the IV. FOURTH RULE: When the penalty is composed of several periods.
maximum period of a divisible penalty. Several mean consisting in more than 2 periods
Penalty for murder (Article 248) reclusion temporal in Fourth rule: contemplates penalty composed of at least 3
maximum period to death. periods.
Relcusion perpetua (= in between reclusion temporal & death) Several periods MUST correspond to different divisible
included in penalty penalties
Penalty for murder has: 2 indivisible penalties (reclusion Penalty composed of several periods corresponding to different
perpetua death) and 1 divisible penalty (reclusion temporal in divisible penalties prision mayor (medium period) TO
max period) reclusion temporal (minimum period)
Proper divisible penalty: reclusion temporal penalty Period immediately following minimum (= prision mayor in
immediately following it: prision mayor medium period) is prision mayor in minimum period
Under third rule: penalty next lower composed of medium & Two periods next following are: max and med periods of prision
minimum periods of reclusion temporal and max period of correccional (=penalty next following scale in Article 71 since it
prision mayor cannot be taken from penalty prescribed)
(This the same penalty computed in People v. Ong Ta)
Illustration:
Illustration: 1. Maximum
DEATH Reclusion temporal 2. Medium
Reclusion Perpetua (1) Penalty for the 3. Minimum (1) Penalty for the
1. Maximum principal in 1. Maximum principal in
Reclusion Temporal consummated felony. Prision mayor 2. Medium consummated felony.
2. Medium (2) Penalty for 3. Minimum (2) Penalty for
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1. Maximum accomplice; or Arresto mayor Medium

Prision correccional 2. Medium penalty for the Minimum
principal in frustrated
felony. B. When the penalty has one period.
3. Minimum If penalty is any one of the 3 periods of a divisible penalty
penalty next lower in degree = is the period next following the
V. FIFTH RULE: By analogy, because not specifically provided for in given penalty.
the four preceding rules Ex. Penalty immediately inferior to prision mayor in maximum
A. When the penalty has two periods. period is prision mayor in medium period
Certain offenses in Revised Penal Code: punished with penalty If penalty is reclusion temporal in medium period penalty
composed of two periods: next lower in degree = reclusion temporal in minimum period
o Either of same penalty: For abduction (Article 343) Penalty prescribed by Code for a felony is a degree
prision correccional in its minimum and medium If penalty prescribed for felony is 1 of 3 periods of divisible
periods. penalty that period becomes a degree & the period
o Or of different penalties: For physical injuries (Article immediately below is the penalty next lower in degree
263, subsec. 4) arresto mayor in max period to
prision correccional in minimum period VI. Simplified Rules: (for rules in Par. 4 and 5 of Article 61)
In these cases: penalty lower by one degree is formed by 2 1. If penalty prescribed by Code consists in 3 periods
periods taken from the same penalty prescribed (if possible) OR (corresponding to different divisible penalties) penalty next
from periods of penalty numerically following the lesser of the lower in degree is penalty consisting in 3 periods down the
penalties prescribed scale
These cases not covered by fourth rule (cause penalty 2. If penalty prescribed by Code consists in 2 periods penalty
contemplated in 4th rule must contain at least 3 periods) next lower in degree is the penalty consisting in 2 periods down
Penalty under fifth rule (by analogy) contains 1 or 2 periods the scale
only 3. If penalty prescribed by Code consists in only 1 period
penalty next lower in degree is the next period down in the
scale
Example: If the given penalty is composed of 1/2/3 periods penalty
Penalty next lower than prision correccional in its min and med next lower in degree should begin where the given penalty
periods is arresto mayor in its med and max periods ends (because otherwise if it were to skip over intermediate
Maximum ones it would be lower but not NEXT lower in degree (People v.
Prision correccional Medium Penalty prescribed for Haloot)
Minimum the felony
Maximum Penalty next lower
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U.S. v. Fuentes Held: Penalty next lower in degree to prision

correccional in medium period = is arresto mayor in medium
period.
Reason for ruling: a degree consists in 1 whole or 1 unit of the
penalties enumerated in the graduated scales in Article 71. To
lower a penalty by 1 degree its necessary to keep a distance
of one whole penalty or one unit of penalties in Article 71
between one degree and another
People v. Co Pao & People v. Gayrama there is a distance of
only 1/3 of a degree (ruling in Fuentes case was superseded by
the rulings in these cases).
VII. Mitigating And Aggravating Circumstances Are Disregarded In The

Application Of The Rules For Graduating Penalties
NOTE: Each paragraph of Article 61 begins with When the
penalty prescribed for the felony or crime.
In lowering the penalty penalty prescribed by the Revised
Penal Code for the crime is the basis (w/o regard to the
mitigating or aggravating circumstances w/c attended the
commission of the crime)
It is only after the penalty next lower in degree is already
determined that the mitigating and/or aggravating
circumstances should be considered.
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SECTION 2 RULES FOR THE APPLICATION OF PENALTIES 4. The circumstances which consist in the material execution of
WITH REGARD TO MITIGATING AND AGGRAVATING the act, or in the means employed to accomplish it, shall serve
to aggravate or mitigate the liability of those persons only who
CIRCUMSTANCES, AND HABITUAL DELINQUENCY
had knowledge of them at the time of the execution of the act
or their cooperation therein.
Article 62. Effects of the attendance of mitigating or aggravating
5. Habitual delinquency shall have the following effects:
circumstances and of habitual delinquency.
(a) Upon a third conviction, the culprit shall be sentenced to
Mitigating or aggravating circumstances and habitual delinquency
the penalty provided by law for the last crime of which he
shall be taken into account for the purpose of diminishing or
be found guilty and to the additional penalty of prision
increasing the penalty in conformity with the following rules:
correccional in its medium and maximum periods;
1. Aggravating circumstances which in themselves constitute a
(b) Upon a fourth conviction, the culprit shall be sentenced to
crime specially punishable by law or which are included by the
the penalty provided for the last crime of which he be
law in defining a crime and prescribing the penalty therefor
found guilty and to the additional penalty of prision mayor
shall not be taken into account for the purpose of increasing
in its minimum and medium periods; and
the penalty.
(c) Upon a fifth or additional conviction, the culprit shall be
1(a). When in the commission of the crime, advantage was
sentenced to the penalty provided for the last crime of
taken by the offender of his public position, the penalty to be
which he be found guilty and to the additional penalty of
imposed shall be in its maximum regardless of mitigating
prision mayor in its maximum period to reclusion temporal
circumstances.
in its minimum period.
The maximum penalty shall be imposed if the offense was
committed by any person who belongs to an
Notwithstanding the provisions of this article, the total of the two
organized/syndicated crime group.
penalties to be imposed upon the offender, in conformity herewith,
An organized/syndicated crime group means a group of two or
shall in no case exceed 30 years.
more persons collaborating, confederating or mutually helping
one another for purposes of gain in the commission of the
For the purposes of this article, a person shall be deemed to be
crime.
habitual delinquent, if within a period of ten years from the date of his
2. The same rule shall apply with respect to any aggravating
release or last conviction of the crimes of serious or less serious
circumstances inherent in the crime to such a degree that it
physical injuries, robo, hurto, estafa, or falsification, he is found guilty
must of necessity accompany the commission thereof.
of any of said crimes a third time or oftener. (As amended by Republic
3. Aggravating or mitigating circumstances which arise from the
Act No. 7659.)
moral attributes of the offender, or from his private relations
with the offended party, or from any other personal cause,
POINTS
shall only serve to aggravate or mitigate the liability of the
principals, accomplices, and accessories as to whom such
circumstances are attendant.
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I. Effects Of The Attendance Of Aggravating Or Mitigating That crime was committed by means of poison (Article 14,
Circumstances Or Of Habitual Delinquency paragraph 12) Not aggravating in crime of murder by means
1. Aggravating circumstances (generic and specific) have effect of of poison (since using poison to kill victim included by law in
increasing penalty (w/o exceeding the max provided by law). defining the crime of murder Article 248, paragraph 3).
2. Mitigating circumstances have effect of diminishing the
penalty. III. When Maximum Of The Penalty Shall Be Imposed (Special
3. Habitual delinquency has effect increasing penalty (cause of Aggravating Circumstance That Cant Be Offset By A Generic Mitigating
recidivism that is implied in habitual delinquency) PLUS Circumstance)
imposing an additional penalty. 1. When in the commission of the crime, advantage was taken by
the offender of his public position;
PARAGRAPH 1: 2. If the offense was committed by any person who belongs to an
I. When Aggravating Circumstances Are Not To Be Taken Account In organized/syndicated crime group.
Increasing The Penalty To Be Imposed
1. (Inherent in the crime) If the circumstance constitutes a crime IV. What Is An Organized/Syndicated Crime Group?
especially punished by law; or Means a group of 2 or more persons collaborating
2. (Element of the crime) If it is included by the law in defining a confederating or mutually helping one another for purposes of
crime and prescribing the penalty therefor. gain in the commission of any crime
II. Examples: PARAGRAPH 2:

A. Which In Themselves Constitute A Crime: The same rule applies with respect to aggravating circumstances
That crime be committed by means of fire (Article 14, which are inherent in the crime.
paragraph 2) NOT considered as aggravating in arson. o Example: Evident premeditation is inherent in robbery
That crime be committed by means of derailment of a and theft (U.S. Castroverde)
locomotive (Article 14, paragraph 12) NOT considered as
aggravating in crime known as Damages and obstruction to PARAGRAPH 3:
means of communication (Article 330 which punishes the act I. Aggravating Or Mitigating Which Arise From:
of damaging any railway resulting in derailment of cars). 1. Moral attributes of offender
2. From his private relations with offended party
B. Which Are Included By Law In Defining A Crime: 3. From any other personal cause
That crime was committed in the dwelling of offended party These serve to aggravate or mitigate liability of: principals,
NOT aggravating in robbery with force upon things (Article 299). accomplices, accessories as to whom such circumstances are
Abuse of confidence is not aggravating in qualified theft attendant.
committed with grave abuse of confidence (Article 310).
II. Examples
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A. Moral Attributes Of Offender: A induced B and C to kill D. B and C killed D using treachery not
A + B killed C. A acted w/ evident premeditation; B w/ passion previously agreed with A.
and obfuscation. As liability is not aggravated by treachery.
Circumstances of evident premeditation + passion & BUT if A was present or had knowledge of the treachery used,
obfuscation arises from moral attributes of offenders. then A is also liable for murder qualified by treachery.
Evident premeditation should only affect and aggravate only
penalty for A & passion and obfuscation mitigates only Bs B. Means To Accomplish The Crime
liability. A ordered B to kill C. B used poison without knowledge of A.
Only B will suffer the aggravating circumstance.
B. From His Private Relations With The Offended Party:
A and C inflicted slight physical injuries on B. II. There Is No Mitigating Circumstance Relating To The Means
o A son of B. Employed In The Execution Of The Crime
o C father of B. It is impossible to conceive of any mitigating circumstance
Alternative circumstance of relationship as aggravating will only which can properly be considered as to one of the defendants,
be against A (lower degree relative of B). but is not equally applicable to the rest, EVEN to those who had
Alternative circumstance of relationship as mitigating will only no knowledge of the same at the time of the commission of the
be for C (higher degree relative of B). crime, or their cooperation therein.
This ruling holds true even if there was conspiracy.
o The rule that in conspiracy the act of one is the act of all III. Difference Between (1) Circumstances Relating To Persons
does not mean that the crime of one is the crime of all Participation In The Same And (2) Circumstances Consisting In The
Material Execution Of The Means Employed
C. From Any Other Personal Cause: Persons Participation Material Execution / Means Employed
A and B committed a crime. Do not affect all the Have a direct bearing upon the criminal
o A was 16 i.e. minor participants in the crime but liability of all the defendants who had
o B was a recidivist only those to whom they knowledge thereof at the time of the
Each will carry the corresponding additional/mitigated penalty particularly apply. commission of the crime, or of their
cooperation therein.
PARAGRAPH 4: Example: People v. Villanueva
The circumstances which consist of (1) and (2) shall serve only Defendants though forming of the conspiracy of kidnapping,
to aggravate or mitigate the liability of those persons only who were not the ones who actually kidnapped the victim.
had KNOWLEDGE of them AT THE TIME of the execution. Thus, they are not bound or affected by the aggravating
circumstance of nighttime UNLESS THEY KNEW about it prior.
I. Examples:
A. Material Execution Of The Crime
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IV. Is It Necessary That There Be Proof Of Cooperation Or Participation prior conviction, he was again convicted of any of the said
With Regard To The Act Of Cruelty? crimes for the second time.
Two views: 3. That after his conviction or after serving sentence, for the
o People v. Vocales Although it may be considered as second offense, he again committed, and within 10 years from
aggravating against one accused, it may not be so his last release or last conviction, he was again convicted of said
against another UNLESS there is proof of conspiracy in offenses, the third time or oftener.
the commission of the main act, or there is proof of
cooperation or participation on the part of the latter. III. Computation Of The 10-Year Period
o In accordance with Article 62(4) if cruelty is a means NOTE: Defendants last conviction OR last release should be the starting
employed to accomplish the act, only knowledge is point from which the 10-year period is to be counted.
required for one to be liable for it. Rational: If the starting point is only the date of last conviction,
Note: Article 14 states that cruelty is that which is not necessary there will be a case where the offender cannot be considered a
for the commission of the crime. habitual delinquent.
o If so, it cannot be part of the material execution nor
means employed to accomplish it. Crimes Committed Date of Conviction Date of Release
o Therefore, People v. Vocales would be ruling. Theft June 1915 July 1916
Swindling May 1920 October 1922
PARAGRAPH 5: Attempted Robbery July 1928 August 1930
I. Habitual Delinquent Theft August 1937 September 1940
A person who within a period of 10 years from the date of his Crime charged October 1946
(last) release or last conviction of the crimes of
1. Serious or less serious physical injuries (Article263 & 265) Explanation:
2. Robbery (Article 193-303) The 10-year period should be counted from the date of LAST
3. Theft (Article 308-311) conviction or release from the crime charged, which is August
4. Estafa (Article 315-318) 1937 (conviction) or September 1940 (release).
5. Falsification (Article 170-174) o Note: Regardless of the gap between the first and
He is found guilty of any of said crimes a 3rd time or oftener. second crimes, the accused will be considered a
habitual delinquent if between the second and third
II. Elements crimes, there is a gap or 10 years or below.
1. That the offender had been convicted of any of the above- In the accusation of theft, only attempted robbery (conviction:
mentioned crimes. July 1928, release: August 1930) can be taken into consideration
2. That after the conviction or after serving his sentence, he for the determination of habitual delinquency since it is the last
against committed, and within 10 years, from his release or crime for which he was convicted for.
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o A would not be a habitual delinquent since swindling is VI. Total Penalties Should Not Exceed 30 Years
not one of the crimes listed. Total (1) the penalty for the last crime which is found guilty
and (2) the additional penalty for being a habitual delinquent.
IV. Subsequence Crime Must Be Committed AFTER CONVICTION Of
Former Crime VII. What Must Be Alleged In The Information
If (1) the second crime was committed before his first conviction 1. The dates of the commission of the previous crimes.
and (2) the fourth before his third conviction, and (3) the fifth 2. The dates of the last conviction or release
and sixth were committed on the same day, the six convictions 3. The dates of the other previous conviction or releases.
(although different in dates) are equivalent to only three.
A. Effect Of Plea Of Guilty When Allegations Are Insufficient
V. The culprit shall be sentenced to the penalty provided by law for A plea of guilty to an information which fails to allege the dates
the last crime of which he be found guilty of commission of previous offenses, of convictions and of
If the accused is tried for robbery and previously convicted of releases is not an admission that the offender is a habitual
theft and estafa, robbery is the last crime and if found guilty the delinquent but only a recidivist (People v. Masonson).
penalty for robbery shall be imposed, while also be declared a
habitual delinquent. B. Date Of Release Not Absolutely Necessary
If preceding conviction is less than 10 years from date of
A. Additional Penalty For Habitual Delinquency conviction of the offense complained of (People v. Tolentino).
1. Upon 3rd conviction additional penalty of prision correctional
in its medium and maximum periods. VIII. See Rulings on Habitual Delinquency (p.739-744, Reyes Book)
2. Upon 4th conviction additional penalty of prision mayor in its
minimum and medium periods. IX. Habitual Delinquency v. Recidivism
3. Upon 5th conviction additional penalty of prision mayor in is Habitual Delinquency Recidivism
maximum period to reclusion temporal in its minimum period. As to crimes The crimes are Sufficient that on date of trial,
committed specified. accused shall have been
B. Rational: previously convicted of
If after undergoing punishment for his previous crimes, he another crime in the same
continuous to commit said crimes, he is deemed to have shown title.
a dangerous propensity to crimes. Hence, he is punished with a As to period Conviction must be 10 No period of time necessary
severer penalty for committing any of those crimes the third of commission years from each other.
time or oftener. As to number Conviction must be 3rd That subsequent crime is
Purpose of the law: to render more effective social defense and of crimes time or oftener. embraced in the same title is
the reformation of multi-recidivists. committed sufficient.
As to their Additional penalty If not offset by mitigating, will
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effects prescribed by law is increase penalty to maximum POINTS

imposed. only.
I. Inoperative Because Of Republic Act No. 9346
A convict can be a habitual delinquent without being a recidivist In light of this only reclusion perpetua is indivisible.
if no two of the crimes committed are embraced in the same Cannot be affected by generic mitigating circumstances BUT it
title. can be affected by privileged mitigating circumstances (like
The imposition of additional penalty is constitutional as it is Article 68 & 69).
simply punishment for future crimes, the penalty enhanced on o Privileged mitigating always considered whether
account of criminal propensities of the accused. divisible or indivisible penalty.
Article 63. Rules for the application of indivisible penalties. II. Outline Of The Rules
In all cases in which the law prescribes a single indivisible penalty, it 1. When penalty consists of 1 indivisible: applied regardless of any
shall be applied by the courts regardless of any mitigating or mitigating or aggravating circumstances
aggravating circumstances that may have attended the commission of 2. When penalty is composed of 2 indivisible penalties:
the deed. a. Only 1 aggravating greater penalty shall be imposed
b. No aggravating nor mitigating lesser penalty imposed
In all cases in which the law prescribes a penalty composed of two c. A mitigating and no aggravating lesser penalty
indivisible penalties the following rules shall be observed in the imposed.
application thereof: d. Both mitigating and aggravating court will allow
1. When in the commission of the deed there is present only one them to offset one another.
aggravating circumstance, the greater penalty shall be applied.
2. When there are neither mitigating nor aggravating III. Article 63 Applies Only When The Penalty Prescribed By The Code Is
circumstances in the commission of the deed, the lesser Either One Indivisible Penalty Or Two Indivisible Penalties
penalty shall be applied. Article 63 does NOT apply if penalty prescribed: reclusion
3. When the commission of the act is attended by some temporal in max period to death (Because even if it includes 2
mitigating circumstance and there is no aggravating indivisible penalties = it has 3 periods of reclusion temporal
circumstance, the lesser penalty shall be applied. max-min, reclusion perpetua-med, Death-max) Article 64
4. When both mitigating and aggravating circumstances attended shall apply in this case)
the commission of the act, the courts shall reasonably allow
them to offset one another in consideration of their number A. Example Of Single And Indivisible Penalty
and importance, for the purpose of applying the penalty in Reclusion Perpetua for:
accordance with the preceding rules, according to the result of o Kidnapping and failure to return a minor (Article 270)
such compensation. o Rape (Article 266-B)
Death for:
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o Kidnapping and serious illegal detention when purpose Woman boxed by her husband stabbed him with knife in chest
of offender is to extort ransom (Article 267 as amended entitled to penalty one degree lower from RP to Death = RT
by Republic Act No. 7659). People v. Galang: Imposable penalty for rape: RP. Accused had
o Rape with homicide (Article 266-B) privileged mitigating circumstance of minority imposable
penalty = RT in medium period (absent other mitigating or
B. Example Of Two Indivisible Penalties aggravating circumstance)
Reclusion perpetua to Death for:
o Parricide (Article 246) V. Moral value, not numerical weight of circumstances should prevail.
o Robbery with homicide (Article 294, paragraph 1) This is as regards paragraph 4 of Article 63
o Kidnapping and serious illegal detention without
intention to extort ransom (Article 267) VI. Mitigating Circumstance Is Not Necessary To Impose Reclusion
o Rape committed with the use of a deadly weapon or by Perpetua When The Crime Is Punishable With Two Indivisible Penalties
two or more persons (Article 266-B) Of Reclusion Perpetua To Death.
Reason: under Article 63 when crime is penalized with 2
IV. When The Penalty Is Composed Of Two Indivisible Penalties, The indivisible penalties (reclusion perpetua to death) lesser
Penalty Cannot Be Lowered By One Degree, No Matter How Many penalty should be imposed even when there is no mitigating
Mitigating Circumstances Are Present circumstance present.
A. General Rule:
When there are 2 or more mitigating and NO aggravating Article 64. Rules for the application of penalties which contain three
court cannot proceed by analogy to provisions of subsection 5 periods.
Article 64 (imposition of one degree lower penalty) In cases in which the penalties prescribed by law contain three
US v. Relador: Commission of crime of parricide punishable of periods, whether it be a single divisible enalty or composed of three
RP to Death but attended by two mitigating (illiteracy and lack different penalties, each one of which forms a period in accordance
of intention to commit so grave a wrong) and NO aggravating with the provisions of Articles 76 and 77, the courts shall observe for
court imposed one degree lower penalty (Article 64 subsection the application of the penalty the following rules, according to
5) whether there are or are no mitigating or aggravating circumstances:
HELD: Wrong penalty imposed it should be Article 63 applied 1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed by law
B. Exception: When a privileged mitigating circumstance under Article in its medium period.
68 or Article 69 is present. 2. When only a mitigating circumstance is present in the
If circumstance present is a privileged mitigating circumstance commission of the act, they shall impose the penalty in its
under Article 68 or Article 69 offender may get a penalty one minimum period.
or two degrees lower 3. When only an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in its
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maximum period. II. Outline Of The Rules:

4. When both mitigating and aggravating circumstances are 1. No aggravating and no mitigating medium period
present, the court shall reasonably offset those of one class
against the other according to their relative weight. 2. Only a mitigating minimum period
5. When there are two or more mitigating circumstances and no
aggravating circumstances are present, the court shall impose 3. Only an aggravating maximum period
the penalty next lower to that prescribed by law, in the period People v. Toling: No generic aggravating nor mitigating
that it may deem applicable, according to the number and circumstances were proven = penalty for murder imposed in
nature of such circumstances. medium period or RP. Death penalty imposed by trial court was
6. Whatever may be the number and nature of the aggravating not warranted.
circumstances, the courts shall not impose a greater penalty Illustrations of Nos. 2 and 3: A is convicted of homicide
than that prescribed by law, in its maximum period. punishable by reclusion temporal (min, med, max).
7. Within the limits of each period, the courts shall determine the o No mitigating nor aggravating medium
extent of the penalty according to the number and nature of o A pleaded guilty, no aggravating minimum
the aggravating and mitigating circumstances and the greater o Committed the crime in the dwelling, no mitigating
or lesser extent of the evil produced by the crime. maximum
o 2 aggravating, no mitigating still only maximum.
POINTS
4. When there are aggravating and mitigating offset those of
I. Article 64 applies only when the penalty has 3 periods. one class against the other according to relative weight.
Article 64 applies when penalty prescribed by law for offense Note: The mitigating circumstances must be ordinary not
RT, PM, PC, AM, Am, PC to RT, etc. = because theyre divisible privileged. The aggravating circumstances must be generic or
into 3 periods (minimum, medium, maximum). specific and not qualifying or inherent.
When law prescribes single divisible penalty (ex. RT for Illustration of No. 4: A committed homicide in nighttime on
homicide) as in Article 76 is distributed in 3 equal parts each purpose. He surrendered to the mayor of the town and pleaded
part forms a period called min, med and max. guilty.
If penalty made up of 3 diff penalties: PC to RT o Held:
Each forms a period according to Article 77 o One mitigating circumstance (surrender or guilty plead)
PC = min will offset aggravating circumstance of nighttime.
PM = med o Remaining mitigating will result in imposition of
RT = max minimum period.
PM is included bec. Its between PC and RT in Scale No. 1 Article
71
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5. Two or more mitigating and no aggravating penalty next for the court to impose the maximum of the medium
lower, in the period applicable, according to the number and degree of the penalty (People v. Velazco).
nature of such circumstances.
Penalty by law: reclusion temporal max to reclusion perpetua III. Cases Where Mitigating And Aggravating Circumstances Are Not
Max of ISL: prision mayor max to reclusion tempora med. Considered In The Imposition Of The Penalty
Min of ISL: prisio correctional max to prisio mayor med. 1. When the penalty is single and indivisible (Article 63)
In determining the proper period applicable, the mitigating 2. In felonies through negligence such as reckless imprudence
circumstance can no longer be considered since it already (Article365).
lowered the degree of the penalty. 3. Penalty to be imposed upon a Moro or other non-Christian
inhabitant (Section 6, Administrative Code of Mindanao and
6. No penalty greater than the maximum period of the penalty Sulu)
prescribed by law shall be imposed, no matter how many 4. When the penalty is only a fine impose by an ordinance.
aggravating circumstances are present. 5. When the penalties are prescribed by special laws.
Thus, even if there are 4 generic aggravating circumstances, the
maximum penalty for homicide is still reclusion temporal. If there are a lot of aggravating but no mitigating, can the courts
increase the penalty to one greater than that prescribed by law?
7. The court can determine the extent of the penalty within the NO.
limits of each period, according to the number and nature If after offsetting (meaning there was aggravating and
of the aggravating and mitigating circumstances and the mitigating), there are 2 mitigating left, can the penalty be
greater or lesser extent of the evil produced by the crime. lowered by one degree? NO. As long as there was aggravating,
A committed a crime punished by arresto mayor with two cant lower penalty by degree.
aggravating and one mitigating circumstance. If there are four mitigating circumstances, you use two to lower
Steps: the penalty by one degree. The remaining two are used to find
o Apply Rule 4 and offset = 1 aggravating left the period. You cant use the remaining two to lower the
o Remaining aggravating will make the imposed penalty penalty by another degree.
arresto mayor in its maximum period (4 months and 1 Imposed by law: RT. 4 mitigating.
day to 6 months). Lower to prision mayor. Then use the 2 remaining mitigating to
Rule 7: the court can impose any length from 4 months and 1 find the period. So prision mayor minimum.
day, 5 months or 6 months. Article 64 is important in the ISL because the modifying
Extent of the evil produced circumstances are first considered in the determination of the
o Court has the discretion to impose the penalty within maximum penalty in the ISL. (sir wont ask to compute ISL)
the limits fixed by law. Article 64 is not considered in the determination of the
o Taking into consideration the amount of damage caused minimum penalty in the ISL. The minimum penalty in the ISL
on the economic life of a banking institution, it is proper
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must be within the whole range of the penalty next lower in 4. Quotient added to minimum prescribed (eliminate 1 day) = total
degree. represents max of minimum period.
If the accused is sentenced to reclusion perpetua and has two
generic mitigating circumstances (and no aggravating II. Illustration: (See p.756-757 Reyes Book For Detailed Computation)
circumstances), penalty CANNOT be lowered by one degree
since its an indivisible penalty. (Only a privileged mitigating can (1) Duration is 6 months and 1 day to 6 years
give a penalty lower for an indivisible penalty)
This article doesnt apply to Article 365 because modifying (2) Subtract minimum (disregarding 1 day) from the maximum
circumstances dont apply to quasi-offenses. 6 years 6 months = 5 years and 6 months
Article 65. Rules in cases in which the penalty is not composed of (3) Divide difference by 3
three periods. 5 years and 6 months .= 1 year and 10 months
In cases in which the penalty prescribed by law is not composed of 3
three periods, the courts shall apply the rules contained in the
foregoing articles, dividing into three equal portions the time included (4) Minimum added with quotient = minimum period
in the penalty prescribed, and forming one period of each of the three 6 months (+) 1 year and 10 months = 2 years and 4 months
portions.
(5) Maximum of minimum added with quotient = medium period
POINTS 2 years and 4 months (+) 1 year and 10 months = 4 years and 2 months
I. Purpose Of The Rule (6) Maximum of medium added with quotient = maximum period
This is applied when the law prescribes a penalty not composed 4 years and 2 months (+) 1 year and 10 months = 6 years
of three periods (like robbery in an uninhabited place whose
penalty is PC in medium to maximum.) Final:
Just divide the period given by 3 to get the min, med and max. Minimum: 6 months and 1 day to 2 years and 4 months
Medium: 2 years, 4 months and 1 day to 4 years and 2 months
II. Meaning Of The Rule Maximum: 4 years, 2 months and 1 day to 6 years.
1. Compute and determine first the 3 periods of the entire
penalty. Article 66. Imposition of fines.
2. Time included in penalty prescribed divided into 3 equal In imposing fines the courts may fix any amount within the limits
portions after subtracting minimum (eliminate 1 day) from established by law; in fixing the amount in each case attention shall be
maximum of penalty given, not only to the mitigating and aggravating circumstances, but
3. Min or minimum period should be the minimum of the given more particularly to the wealth or means of the culprit.
penalty (including 1 day)
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POINTS When the law does not fix minimum of the fine
determination of amount of fine to be imposed: left to the
I. Outline Of This Provision: sound discretion of the court (provided it shall not exceed
1. The court can fix any amount of the fine within the limits maximum authorized by law) (People v. Quinto).
established by law.
2. The court must consider IV. Fines Are Not Divided Into Three Equal Portions
a. The mitigating and aggravating circumstances; and The courts are not bound to divide the amount of fine
b. More particularly, the wealth or means of the culprit. prescribed by law into 3 equal portions (as in case of
imprisonment imposed in relation to a divisible penalty).
II. General Points
Study with Article 75. V. Considerations In Imposing Fines
The LAW can prescribe the following: A. Wealth Or Means Of Culprit Is Main Consideration In Fine
o Fine only Wealth or means of culprit is emphasized because fixed amount
o Fine AND imprisonment o Fine OR imprisonment o of fine for ALL offenders of particular crime result to
Youre so FINE inequality (ex. P100 for rich versus poor man)
o The court cant give the accused a penalty of fine OR o Example: Laborer earning P208/month who has to pay
imprisonment. The court has to make a choice, it cant P20 versus Office worker with P800/month who has to
leave to the accused the choice on what penalty he pay P50 fine for laborer more severe if ever.
wants to serve. To impose same amount of fine for same offense upon persons
If the law states fine of P50k to 150k, the court can choose differently circumstances penalty of unequal severity =
between those bounds. unjustly discriminatory (People v. Ching Kuan).
If the law states fine of P15k, thats it, court must impose the
definite fine. B. But Mitigating And Aggravating Circumstances Are Not Entirely
If the law states fine not less than P15k, court must be Disregarded. Factors Other Than Financial Condition Of Accused May
judicious. They cant just fine the accused for P1 million. Be Considered By Court.
Increase or reduction in the degree of the fine. (See Article 75) Article 66 says mitigating and aggravating circumstances may
Fine cannot be used as substitute penalty to imprisonment. also be considered by court.
Penalty of fine is independent from penalty of imprisonment. Also other factors such as:
If the accused drew and issued a check but it bounced, and o Gravity or seriousness of crime committed
during trial he pays the value of the check, should he still be o Heinousness of its perpetration
convicted for a fine? Yes. Penalty of the fine goes to the State, o Magnitude of its effects on victim(s) (People v. Manuel)
not the offended party. o Position and standing of accused considered
aggravating in gambling.
III. When The Minimum Of The Fine Is Not Fixed
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U.S. v. Salaveria Person found guilty of (Act considered as) reckless imprudence if act is executed
violating Gambling Law with high standing in without taking precautions or measure that most common
community = maximum penalty imposed prudence would requires
U.S. v. Mercader Accused in gambling case (Act considered as) simple imprudence if its a mere lack of
was municipal treasurer = Court imposed fine of precaution where either the threatened harm is not imminent
P500 and 1 year imprisonment (max penalty or danger is not openly visible this case will fall under Article
provided by law) 365, paragraph 1.
Penalty provided in Article 67, same as in Article 365.
Article 67. Penalty to be imposed when not all the requisites of
exemption of the fourth circumstance of Article 12 are present. Article 68. Penalty to be imposed upon a person under eighteen
When all the conditions required in the circumstance number 4 of years of age.
Article 12 of this Code to exempt from criminal liability are not When the offender is a minor under eighteen years and his case is one
present, the penalty of arresto mayor in its maximum period to prision coming under the provisions of the paragraph next to the last of
correccional in its minimum period shall be imposed upon the culprit, Article 80 of this Code, the following rules shall be observed:
if he shall have been guilty of a grave felony, and arresto mayor in its 1. Upon a person under fifteen but over nine years of age, who is
minimum and medium periods, if of a less grave felony. not exempted from liability by reason of the court having
declared that he acted with discernment, a discretionary
POINTS penalty shall be imposed, but always lower by two degrees at
least than that prescribed by law for the crime which he
I. Article 67 Applies Only When All The Requisites Of The Exempting committed.
Circumstance Of Accident Are Not Present 2. Upon a person over fifteen and under eighteen years of age
Article 12(4) Exempting circumstance of accident. the penalty next lower than that prescribed by law shall be
Four conditions necessary to exempt from liability under imposed, but always in the proper period.
Subsection 4 of Article 12:
a. Act causing the injury be lawful; permitted not only by POINTS
law but also by regulations.
b. Performed with due care. I. Article 68 Has Been Partly Repealed By Juvenile Justice Act
c. Injury is caused by mere accident (example: by an Article 68 of the Revised Penal Code (penalty for person under
unforeseen event) 18 years old) is partly repealed by Republic Act 9344, which
d. There be no fault or intention to cause the injury. provides that:
Lack of requisites in performance of lawful act AM max to PC a. Child 15 years and below exempt from criminal
minimum (if grave), AM min to med (if less grave) responsibility (paragraph 1 repealed).
b. Child 15-18 years old exempt from criminal liability
II. If All These Conditions Are Not Present: UNLESS acted with discernment (paragraph 2 modified).
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c. A child above 12 up to 15 who commits a serious crime Article 68 but shall nevertheless be entitled to suspension of
(Parricide, Murder, Infanticide, Kidnapping, Serious sentence whether or not he is no longer a minor.
illegal detention where the victim is killed or raped, o Penalty imposed on child in conflict with the law is
robbery with homicide or rape, destructive arson, Rape, provided in paragraph 2 of Article 68 (or penalty next
carnapping where the driver or occupant is killed or lower than prescribed by law)
raped, or offenses under the DDA punishable by more
than 12 years), or an offense for the second time or II. Suspension Of Sentence
oftener: As long as child was under 18 when he did the crime,
i. Shall be deemed a neglected child under suspension of sentence will apply.
Presidential Decree 603, and o Suspension can apply until he reaches 21, upon
ii. Shall be mandatorily placed in a special facility discretion of court.
for the youth (Republic Act No. 10630). o Even if minor is charged with a heinous crime, he is still
entitled to suspension of conviction. Republic Act No.
Under Article 68 Under Republic Act 9344 9344 does not distinguish.
Offender over 9 yrs. but under 15 9-15 year olds = exempt from What if Special Penal Law which does not follow nomenclature
yrs. acting with discernment = NOT criminal liability No penalty of Revised Penal Code? Minor will not be entitled to privileged
exempt from criminal liability imposed mitigating circumstance.
(discretionary penalty shall be o Example: Penalty of life imprisonment in illegal
imposed 2 degrees lower than recruitment cannot be lowered by 1 or 2 degrees.
prescribed by law for crime Recommendation of social worker not binding on the court.
committed) (People v. Candelario).
Offender over 15 but under 18 15-18 year olds = exempt from
penalty next lower than prescribed criminal liability UNLESS acted III. Probation As An Alternative To Imprisonment
by law imposed with discernment will undergo The court may place a child in conflict with the law on probation
diversion programs under Chap 2 in lieu of service of a sentence taking into consideration the best
of Republic Act 9344 interest of the child.
After the suspension, child may serve his sentence in
If court sees that objective of disposition measures imposed agricultural camps or other training facilities.
upon child in conflict with the law was NOT fulfilled or child in o After the suspension, he can also be granted probation.
conflict with the law willfully failed to comply with conditions of Remember: even if minor criminally exempt, he is still civilly
his/her disposition or rehab program child in conflict with the liable.
law will be brought to court for execution of judgment. The
child shall enjoy the privileged mitigating circumstance under Article 69. Penalty to be imposed when the crime committed is not
wholly excusable.
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A penalty lower by one or two degrees than that prescribed by law part BUT means employed by accused was not reasonable and
shall be imposed if the deed is not wholly excusable by reason of the accused provoked aggression.
lack of some of the conditions required to justify the same or to Homicide case where provocation and unlawful aggression
exempt from criminal liability in the several cases mentioned in came from deceased + means employed by offender = not
Articles 11 and 12, provided that the majority of such conditions be reasonable:
present. The courts shall impose the penalty in the period which may o More than one of the requisites of self-defense are
be deemed proper, in view of the number and nature of the conditions present
of exemption present or lacking. o When 2 of the essential requisites for justification are
present penalty lower by 2 degrees may be imposed
POINTS (People v. Dorado)
o Only unlawful aggression 1 penalty lower imposed
I. Unlawful Aggression Is Indispensable In Self-Defense, Defense Of (People v. Cabellon) BUT this decision is contrary to
Relatives And Defense Of Stranger Article 69 that provides that majority of conditions must
Unlawful aggression must be present (first circumstance in self- be present.
defense under Subsections 1, 2, 3 of Article11) What if not majority of requisites, just one? Ordinary mitigating
Example: B was challenged by A to a fight. B attacked first with a only; lower to minimum period.
knife and A retaliated by stabbing B. In the struggle, B killed A.
Can B be given one or two degrees lower penalty than C. A penalty lower by one or two degrees than that prescribed by law
prescribed for homicide? shall be imposed x x x in the period which may be deemed proper, in
Even though conditions to justify the deed is present view of the number and nature of the conditions of exemption present
(Reasonableness of means employed and Lack of sufficient or lacking.
provocation), the essential element of unlawful aggression was Court has discretion to impose 1 or 2 degrees lower than
absent because there was agreement to fight. As such, NOT prescribed by law for offense.
entitled to reduction (U.S. v. Navarro). o In determining proper period of penalty that is 1 or 2
degrees lower, the court must consider number and
II. Important Words And Phrases nature of conditions of exemption or justification
A. In the several cases mentioned in Article 11 and 12. present or lacking.
Privileged mitigating circumstances in Article 69 include: Article 69 makes it privileged mitigating because the penalty is
incomplete justifying and incomplete exempting circumstances lowered by one or two degrees.
BUT majority of the conditions must be present o Hence, incomplete self-defense (for example) cannot be
offset by any aggravating circumstances.
B. Provided the majority of such conditions be present.
People v. Alvarez: Court of Appeals refused to apply Article 69
because only unlawful aggression was present on the victims
225
V. When The Majority Of The Requisites Of Self-Defense And Two 11. Suspension from public office, the right to vote and be voted
Mitigating Without Aggravating Circumstances Are Present, The for, the right to follow profession or calling, and
Penalty Is Three Degrees Lower. 12. Public censure.
If accused charged with homicide (punishable by reclusion
temporal) proved unlawful aggression by the deceased and Notwithstanding the provisions of the rule next preceding, the
another requisite of self-defense PLUS 2 mitigating maximum duration of the convicts sentence shall not be more than
circumstances (surrender and obfuscation) with NO aggravating, threefold the length of time corresponding to the most severe of the
the proper penalty is arresto mayor medium (2 months, 1 day to penalties imposed upon him. No other penalty to which he may be
4 months). liable shall be inflicted after the sum of those imposed equals the said
maximum period.
Article 70. Successive service of sentences. Such maximum period shall in no case exceed forty years.
When the culprit has to serve two or more penalties, he shall serve
them simultaneously if the nature of the penalties will so permit; In applying the provisions of this rule the duration of perpetual
otherwise, the following rules shall be observed: penalties (pena perpetua) shall be computed at thirty years. (As
amended by Com. Act No. 217.)
In the imposition of the penalties, the order of their respective
severity shall be followed so that they may be executed successively or POINTS
as nearly as may be possible, should a pardon have been granted as to
the penalty of penalties first imposed, or should they have been I. Outline Of The Provisions Of This Article:
served out. 1. When culprit has to serve 2 or more penalties serve them
simultaneously (if nature of penalties permit).
For the purpose of applying the provisions of the next preceding 2. Otherwise, order of their respective severity shall be followed.
paragraph the respective severity of the penalties shall be determined 3. Respective severity of penalties is as follows:
in accordance with the following scale: a. Death
1. Death, b. Reclusion Perpetua
2. Reclusion perpetua, c. Reclusion Temporal
3. Reclusion temporal, d. Prision Mayor
4. Prision mayor, e. Prision Correccional
5. Prision correccional, f. Arresto Mayor
6. Arresto mayor, g. Arresto menor
7. Arresto menor, h. Destierro
8. Destierro, i. Perpetual absolute disqualification
9. Perpetual absolute disqualification, j. Temporary absolute disqualification
10. Temporary absolute disqualification,
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k. Suspension from public office, the right to vote and be The maximum penalty is three times the most severe or the
voted for, the right to follow profession or calling, and total of the penalties imposed, whichever is lower.
l. Public censure. o Such max period shall not exceed 40 years. Whatever is
lower between the total penalties and 3x the most
A. The Penalties Which Can Be Simultaneously Served Are: sever, it shall not be more than 40 years.
1. PAD The three-fold rule applies even if different courts rendered the
2. PSD penalties at different times.
3. TAD o The Rules of Court provide that an information must not
4. TSD charge more than one offense. Necessarily, the various
5. Suspension offenses punished with different penalties must be
6. Destierro charged under different information which may be filed
7. Public censure in the same court or in different courts at the same time
8. Fine and bond to keep the peace or at different times.
9. Civil Interdiction, and The three-fold rule applies only when the convict has to serve at
10. Confiscation and payment of costs. least 4 sentences.
Above penalties (except destierro) can be served simultaneously If the penalty is complex, the three-fold penalty is three times
with imprisonment. the indeterminate sentence also (see Boado for example).
Penalties consisting in deprivation of liberty cannot be served o If an indeterminate sentence is imposed, use the
simultaneously by reason of the nature of such penalties. maximum period in computing because the max period
is the most severe.
II. The Order Of The Respective Severity Of The Penalties Shall Be o
Followed So That They May Be Executed Successively
Time of the second sentence does not commence to run until A. Computation
the expiration of the first (Gordon v. Wolfe). Step 1: get the most severe penalty meted out as listed in
Imprisonment must be served before destierro. Thus, arresto Article 70
menor must be served before destierro (People v. Misa). Step 2: Multiply the duration of that by 3
Step 3: Add the duration of all the different sentences
III. Limitation On Service Of Sentence: Three-Fold Rule Step 4: Compare the results of 2 and 3
The maximum duration of the convicts sentence shall not be Step 5: Accused to serve the lesser period, unless it is in excess
more than three times the length of time corresponding to the of 40 years in which case the culprit shall serve only 40 years.
most severe of the penalties imposed upon him.
o If the sum of the penalties does not exceed the most B. The Phrase The Most Severe Of Penalties Includes Equal Penalties
severe multiplied by 3, three-fold rule doesnt apply. Fact: Sentenced for 6 cases of estafa. Each of which is 3 months
and 11 days of arresto mayor.
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Held: Accused cannot be made to suffer more than 9 months Three-fold rule: 18 months and 3 days max.
and 33 days. o Held: If the petitioner would not be able to pay the
finem the maximum duration of his imprisonment shall
IV. The judge should NOT refrain from imposing the correct penalties be 18 months and 3 days of the principal penalty PLUS 6
even if these would exceed the limitation of penalties in this article. months and 1 day subsidiary imprisonment.
This article deals with SERVICE of sentence, not with imposition. Exception: Do not include subsidiary imprisonment penalty in
The court should impose the correct penalties even if these will the computation of the 40 years because subsidiary liability is
amount to more than the lifetime of the prisoner. uncertain if it will even happen (Bagtas v. Director of Prisons).
Why? Because when the convict is pardoned, he should still
serve the other sentences meted on him. VII. Different Systems Of Penalty
Material accumulation system no limitation; all penalties for
V. Duration Of The Convicts Sentence Refers To Several Penalties For all violations were imposed even if they reached beyond the
Different Offenses, Not Yet Served Out. natural span of human life.
If the convict already served sentence for one offense prior to o Article 70, Par. 1,2,3 follow this.
the commission and/or conviction for another offense, the Juridical accumulation system Service of several penalties is
former will not be considered in the three-fold rule. limited to not more than three-fold the max and will not exceed
The second sentence should only commence after the 1st. 40 years.
Successive nga eh. o Article 70, Par. 4,5,6 follow this.
Accused is convicted for 10 counts of rape, all reclusion Absorption system Observed in the imposition of the penalty
perpetua. How long should he remain in jail? 40 years. in complex crimes (Article 48), continuing crimes, and specific
o What sentence should accuse serve first? Parepareho crimes like robbery with homicide, etc.
lang naman eh. Justice Callejo: Follow order of docket
numbers. Article 70 doesnt strictly apply (People v. Article 71. Graduated Scales.
Conte). In cases in which the law prescribes a penalty lower or higher by one
or more degrees than another given penalty, the rules prescribed in
VI. Subsidiary Imprisonment Forms Part Of The Penalty Article 61 shall be observed in graduating such penalty.
The result from the three-fold rule will be the aggregate
principal penalty which the principal has to serve. IN ADDITION, The lower or higher penalty shall be taken from the graduated scale in
he will have to pay all indemnities with or without subsidiary which is comprised of the given penalty.
imprisonment PROVIDED the principal penalty does not
exceed/is not higher than 6 years. The courts, in applying such lower or higher penalty shall observe the
Bagtas v. Director of Prisons following graduated scales:
o Facts: A guilty of 17 crimes. Most severe is 6 months
and 1 day PLUS a fine of P1,000. SCALE NO. 1 (Scale for personal penalties)
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1. Death penalties attached to death by reason of graduated

2. Reclusion perpetua scale under Article 71.
3. Reclusion temporal
4. Prision mayor II. Position of Destierro in Article 70 v. Article 71
5. Prision correccional Note that in Art 71, the penalty next lower than arresto mayor is
6. Arresto mayor destierro, not arresto menor. But in Art 70, destierro follows
7. Destierro arresto menor in the degree of severity. Why?
8. Arresto menor o Arresto mayor is imprisonment or complete deprivation
9. Public censure of liberty. Destierro means banishment for a specified
10. Fine length of time. They must not be judged by the duration
of each of these penalties, but by degree of deprivation
SCALE NO. 2 (Scale for penalties depriving political rights) of liberty involved. Destierro is considered lighter than
1. Perpetual absolute disqualification arresto mayor.
2. Temporary absolute disqualification
3. Suspension from public office, the right to vote and be voted A. Destierro Next Lower In Degree From Arresto Mayor
for, and the right to follow a profession or calling The scale, which places destierro below arresto mayor, cannot
4. Public censure be disregarded.
5. Fine Their respective severities is judged not by duration but by the
degree of deprivation of liberty
POINTS
B. Who May Impose Destierro?
I. Death Shall No Longer Form Part Of The Equation In Article 71 The metropolitan and municipal trial courts shall exercise
Pursuant to Republic Act No. 9346 exclusive original jurisdiction over all offenses punishable with
o This has the effect of appropriately downgrading the imprisonment not exceeding 6 years.
proper penalties attaching to accomplices, accessories,
frustrated and attempted felonies to the level C. Must Destierro Be Applied Only When It Is Specifically Imposed By
consistent with the rest of the penal laws. Law?
Since this law bars the application of the death penalty, such No. It may be imposed when it is the penalty next lower.
effect necessarily extends to its relevance to the graduated
scale of penalties under Article 71. III. Articles 25, 70, 71 Compared:
o There can be no harmony between Republic Act No. Article 25 Article 70 Article 71
9346 and the Revised Penal Code unless the later Classification classifies classifies penalties provides for the
statute is construed as having downgraded those of penalties penalties into according to scales which
principal and severity. (For the should be
229
accessory purpose of the

observed in
successive service
graduating
of sentences)
penalties in Article
61
Location of Destierro is Destierro is below Destierro is above
Destierro above arresto arresto menor arresto menor
menor
Article 72. Preference in the payment of the civil liabilities.

The civil liabilities of a person found guilty of 2 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.
POINTS
I. Applicability
This article applies when the offender who is found guilty of 2 or
more offenses is required to pay civil liabilities resulting from
the same.
II. Order Of Payment Of Civil Liabilities

The order is not based on the dates of the commission.
It is based on the dates of the final judgment.
CLASS DISCUSSION
Is it possible for the payment of civil liabilities to differ from how
the criminal liabilities are served?
Is civil liability imposed/specified or considered as an attached
like accessory penalties? Or must it be expressly imposed?
230
SECTION 3 PROVISION COMMON TO THE LAST TWO The given penalty and the accessory penalties of death (Article
PRECEDING SECTIONS 40) shall be imposed.
Death must be specifically imposed by law.
Article 73. Presumption in regard to the imposition of accessory
penalties. II. Application Of This Article
Whenever the courts shall impose a penalty which by provision of What is meant to here is that the judgment should not provide
law, carries with it other penalties, according to Article 40, 41, 42, 43, that the convict should not be given the benefit of Article 27
44, and 45 of this Code, it must be understood that the accessory (that he should be pardoned after undergoing the penalty for
penalties are also imposed upon the convict. 30 years) until 40 years have elapsed; otherwise there would be
no difference at all between reclusion perpetua when imposed
as a penalty next higher in degree and when it is imposed as
POINTS
the penalty fixed by law.
I. Accessory Penalties Are Deemed Imposed
Means that a judgment need not make an express Article 75. Increasing or reducing the penalty of fine by one or more
pronouncement of the imposition of accessory penalties. degrees. Whenever it may be necessary to increase or reduce the
penalty of fine by one or more degrees, it shall be increased or
II. Subsidiary Imprisonment, Not An Accessory Penalty reduced, respectively, for each degree, by one-fourth of the maximum
Means that the judgment of conviction must expressly state amount prescribed by law, without however, changing the minimum.
that subsidiary penalty would be imposed.
The same rules shall be observed with regard to fines that do not
consist of a fixed amount, but are made proportional.
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 POINTS
former, if such higher penalty should be that of death, the same
penalty and the accessory penalties of Article 40, shall be considered I. Fines Are Graduated Into Degrees
as the next higher penalty. For the accomplices and accessories
For principals in frustrated and attempted felonies
POINTS
II. To Get The Lower Degree:
MAXIMUM prescribed by law reduce by 1/4 for each degree.
I. Death Cannot Be The Penalty Next Higher In Degree When Not
MINIMUM remains the same.
Provided By Law
When a given penalty has to be raised and the resulting penalty
A. Illustration
is death, it cannot be imposed.
Fine is from P200 to P2,000
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To lower by one degree: o Facts: Bribe was P2,300.

o 2,000 / 4 = 500 o Maximum: 2,300 x 3 = P6,900
o 2,000 500 = 1,500 o P6,900 should be the basis for lowering the penalty by
two degrees (penalty for attempted bribery).
III. Without Changing The Minimum
The fine must have a minimum and a maximum fixed by law Article 76. Legal period of duration of divisible penalties. The legal
This article does NOT apply when the law does not fix the period of duration of divisible penalties shall be considered as divided
minimum of fine. into three parts, forming 3 periods, the minimum, the medium and
the maximum in the manner shown in the following table.
IV. When The Minimum Is Not Fixed By Law
When only the maximum is fixed, the determination of the Table 1. Duration of divisible penalties and the time included in each
minimum is left to the sound discretion of the courts, without period.
exceeding the maximum authorized by law. Penalties Whole Min Med Max
Penalty
V. Distinctions Between Fine With A Minimum And Fine Without A Reclusion 12 years + 12 years + 1 14 years, 8 17 years
Minimum. Temporal 1 day to day to months and and 4
In both, the law fixes the maximum. 20 years 14 years + 8 1 day to months and
When the law fixes the minimum, the court cannot change that months 17 years 1 day to
minimum; when the law does not state the minimum, the court and 4 20 years
can impose any amount not exceeding the maximum. months
When the law fixes both minimum and maximum, the court can (1) PM 6 years + 1 6 years + 1 8 years + 1 10 years + 1
impose an amount higher than the maximum; when only the (2)Ab. Disq. day to day to day to day to
maximum is fixed, it cannot impose an amount higher than the (3)S. Temp. 12 years 8 years 10 years 12 years
maximum. Disq.
(1) PC, 6 months + 6 months + 2 years + 4 4 years, 2
VI. As To Fines That Do Not Consist Of A Fixed Amount, But Are (2)Suspension 1 day to 1 day to months + 1 months + 1
Made Proportional (3) Destierro 6 years 2 years + 4 day to day to
This clause speaks of fines which are not of fixed amount but months. 4 years + 6 years
are made proportional 2mos
o Example: (Article 365, negligence causing damage) Arresto Mayor 1 mo. + 1 1 to 2 2 months + 4 months +
Where the fine shall be from an amount equal to the day to months. 1 day to 1 day to
value of the damage up to 3 times such value, but shall 6 months 4 months. 6 months.
in no case be less than 25 pesos. Arresto Menor 1 to 1 to 11 to 21 to
Article 210 Direct Bribery 30 days 10 days 20 days 30 days
232
lightest of them shall be the minimum, the next the medium, and the
POINTS most severe the maximum period.
I. Article 76 Shows The Manner Divisible Penalties Are Divided Into 3 Whenever the penalty prescribed does not have one of the forms
Periods specially provided for in this Code, the periods shall be distributed,
Refer to Article 65 supra for the process applying by analogy the prescribed rules
II. When The Penalty Is Composed Of 3 Periods Corresponding To POINTS

Different Divisible Penalties
It is clear that the duration of each of the periods of the I. Complex Penalty
divisible penalties as fixed in the table is NOT controlling when Penalty composed of 3 distinct penalties, each forming a
the penalty prescribed is composed of 3 periods corresponding period.
to different divisible penalties. Example:
Article 76 provides that divisible penalties shall be considered o Reclusion temporal to death (Article 114)
as divided into three parts, forming three periods, without Maximum - Death
stating that the three parts must be three equal portions of Medium - Reclusion Perpetua
time included in the divisible penalties, but the time included in Minimum - Reclusion Temporal
each of the divisible penalties mentioned in the table in that
article, except that of arresto mayor, is divided into three equal II. Application By Analogy Of Rules
portions. 1. Article 114(3), provides a penalty of prision mayor to death.
a. Max death (because its indivisible)
III. Distinction Between Period And Degree b. Medium reclusion perpetua (because its indivisible)
Period 3 equal parts of a divisible penalty. c. Minimum prision mayor to reclusion temporal
If you forget the periods, just follow the steps: 2. Article 294(2), provides penalty of reclusion temporal in its
o Step 1: get the duration of each period medium period to reclusion perpetua.
o Step 2: divide that by 3 a. Max reclusion perpetua (being indivisible)
o Step 3: add the quotient to the beginning of each b. Medium reclusion temporal in its maximum period
period starting with the minimum c. Minimum reclusion temporal in its medium period.
Degree diverse penalties mentioned by name in the Revised
Penal Code.
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 3 distinct penalties, each one shall form a period; the
233
CHAPTER 5: EXECUTION AND SERVICE OF PENALTIES If the person is acquitted, he cant be subjected to public
censure (People v. Abellera).
If the judge sentence accused to 25 years of reclusion perpetua,
SECTION 1 GENERAL PROVISIONS
he cannot be compelled to serve sentence because there is no
such thing. Remedy is writ of habeas corpus.
Article 78. When and how a penalty is to be executed.
No penalty shall be executed except by virtue of a final judgment.
Article 79. Suspension of the execution and service of the penalties
in case of insanity.
A penalty shall not be executed in any other form than that
When a convict shall become insane or an imbecile after final
prescribed by law, nor with any other circumstances or incidents than
sentence has been pronounced, the execution of said sentence shall
those expressly authorized thereby.
be suspended only with regard to the personal penalty, the provisions
of the second paragraph of circumstance number 1 of article 12 being
In addition to the provisions of the law, the special regulations
observed in the corresponding cases.
prescribed for the government of the institutions in which the
penalties are to be suffered shall be observed with regard to the
If at any time the convict shall recover his reason, his sentence shall
character of the work to be performed, the time of its performance,
be executed, unless the penalty shall have prescribed in accordance
and other incidents connected therewith, the relations of the convicts
with the provisions of this Code.
among themselves and other persons, the relief which they may
receive, and their diet.
The respective provisions of this section shall also be observed if the
insanity or imbecility occurs while the convict is serving his sentence.
The regulations shall make provision for the separation of the sexes in
different institutions, or at least into different departments, and also
POINTS
for the correction and reform of the convicts.
I. Rules Regarding The Execution Of Penalties In Case Of Insanity
POINTS
1. Convict becomes insane/imbecile after final judgment
sentence is suspended only as regards the personal penalty.
I. Only Penalty By Final Judgment Can Be Executed
2. If he recovers his reason sentence shall be executed unless it
The judgment must be final before it can be executed, because
has prescribed.
the accused may still appeal within 15 days from its
3. Even while serving sentence, the convict becomes insane/an
promulgation, but if he waives by writing his right to appeal,
imbecile, Article 79 shall be observed.
the judgment becomes immediately final.
4. Civil or pecuniary liabilities shall not be suspended.
If the judgment does not confer subsidiary imprisonment in
case of insolvency, the accused cannot be required to suffer the
same in case of inability to pay the fine imposed on him.
234
II. Only Execution Of Personal Penalty Is Suspended In Case Of The court, in committing said minor as provided above, shall take into
Insanity; Civil Liability May Be Executed Even In Case Of Insanity Of consideration the religion of such minor, his parents or next of kin, in
Convict. order to avoid his commitment to any private institution not under
Guardian can be appointed to administer the property, so civil the control and supervision of the religious sect or denomination to
liability can be imposed. which they belong.
III. An Accused Person May Become Insane (With Effects): The Director of Public Welfare or his duly authorized representatives
1. At the time of the commission of the offense or agents, the superintendent of public schools or his representatives,
o Exempted from criminal liability (Article 12.1) or the person to whose custody or care the minor has been
2. At the time of trial committed, shall submit to the court every four months and as often
o Trial suspended until he recovers reason (Article 12.1) as required in special cases, a written report on the good or bad
3. At the time of final judgment conduct of said minor and the moral and intellectual progress made
o Personal penalty is suspended. by him.
4. While serving sentence The suspension of the proceedings against a minor may be extended
o Personal penalty is suspended. or shortened by the court on the recommendation of the Director of
Public Welfare or his authorized representatives or agents, or the
Article 80. Suspension of sentence of minor delinquents. superintendent of public schools or his representatives, according as
Whenever a minor of either sex, under sixteen years of age at the to whether the conduct of such minor has been good or not and
date of the commission of a grave or less grave felony, is accused whether he has complied with the conditions imposed upon him, or
thereof, the court, after hearing the evidence in the proper not. The provisions of the first paragraph of this article shall not,
proceedings, instead of pronouncing judgment of conviction, shall however, be affected by those contained herein.
suspend all further proceedings and shall commit such minor to the
custody or care of a public or private, benevolent or charitable If the minor has been committed to the custody or care of any of the
institution, established under the law for the care, correction or institutions mentioned in the first paragraph of this article, with the
education of orphaned, homeless, defective, and delinquent children, approval of the Director of Public Welfare and subject to such
or to the custody or care of any other responsible person in any other conditions as this official in accordance with law may deem proper to
place subject to visitation and supervision by the Director of Public impose, such minor may be allowed to stay elsewhere under the care
Welfare or any of his agents or representatives, if there be any, or of a responsible person.
otherwise by the superintendent of public schools or his
representatives, subject to such conditions as are prescribed If the minor has behaved properly and has complied with the
hereinbelow until such minor shall have reached his majority or for conditions imposed upon him during his confinement, in accordance
such less period as the court may deem proper.(As amended by with the provisions of this article, he shall be returned to the court in
Republic Act No. 47.) order that the same may order his final release.
235
In case the minor fails to behave properly or to comply with the o Child below 18
regulations of the institution to which he has been committed or with o Child in Conflict with the Law alleged/accused
the conditions imposed upon him when he was committed to the care of/adjudged as having committed an offense under
of a responsible person, or in case he should be found incorrigible or Philippine Laws.
his continued stay in such institution should be inadvisable, he shall Presidential Decree No. 603
be returned to the court in order that the same may render the o Youthful Offender child/minor/youth, above 9 but
judgment corresponding to the crime committed by him. below 18, at the time of the commission of the offense.
The expenses for the maintenance of a minor delinquent confined in II. Minimum Age Of Criminal Responsibility
the institution to which he has been committed, shall be borne totally 15 years old and below exempt from criminal liability.
or partially by his parents or relatives or those persons liable to Above 15, below 18 exempt from criminal liability but with
support him, if they are able to do so, in the discretion of the court: intervention program (but if acted with discernment, he will be
Provided, That in case his parents or relatives or those persons liable subjected to a diversion program).
to support him have not been ordered to pay said expenses or are
found indigent and cannot pay said expenses, the municipality in III. Intervention Program (Presidential Decree No. 603)
which the offense was committed shall pay one-third of said Custody child must be released to parents, guardian or
expenses; the province to which the municipality belongs shall pay nearest relative. Absence thereof, duly registered
one-third; and the remaining one-third shall be borne by the National nongovernmental or religious organizations, barangay official
Government: Provided, however, That whenever the Secretary of or a member of the Barangay Council for the Protection of
Finance certifies that a municipality is not able to pay its share in the Children, Department of Social Welfare and Development.
expenses above mentioned, such share which is not paid by said Appropriate programs Created in cooperation with the local
municipality shall be borne by the National Government. Chartered social and welfare development officer.
cities shall pay two-thirds of said expenses; and in case a chartered Involuntary commitment if the child is abandoned,
city cannot pay said expenses, the internal revenue allotments which neglected or abused.
may be due to said city shall be withheld and applied in settlement of
said indebtedness in accordance with section five hundred and eighty- IV. Diversion Programs For Children Above 15 And Below 18 Who
eight of the Administrative Code. (As amended by Com. Act No. 99) Acted With Discernment (Article 13.2)
The child will undergo trial pursuant to the provisions of the
POINTS Rules of Court.
I. The Provisions Of Article 80 Have Been Repealed By Chapter 3 Of A. Automatic Suspension Of Sentence Under Republic Act No. 9344
Presidential Decree No. 603, As Amended By The Provisions Of When a child under 18 at the time of the commission of the
Republic Act No. 9344 crime is found guilty of the offense, the court will determine
Republic Act No. 9344: any civil liability, which may have resulted from the offense.
236
However, instead of pronouncing judgment of conviction, the o Youth detention home if detention is necessary
court will place the child under a suspended sentence, without absent, Department of Social Welfare and
need of application. Development or local rehabilitation center within court
Provided that suspension of sentence shall be applied even if jurisdiction.
the juvenile is already 18 or more at the time of the 4. Diversion Measures
promulgation of the sentence. o If max is imprisonment of not more than 12 years
Even if minor is charged with a heinous crime, he is still entitled (regardless of fine if any) court will determine
to suspension of conviction. Republic Act No. 9344 does not whether or not diversion is appropriate even before
distinguish. arraignment. This usually applies when the child has
committed a heinous crime.
B. Suspension Of Sentence Lasts Only Until The Child In Conflict With o If the parents cannot afford to pay for a diversion
The Law Reaches 21 Years Old program, the government will shoulder the expenses
Max age 21 years old. (1/3 each for the local or municipal, provincial, and
Involves Restoration, Rehabilitation, Reintegration national government).
What matters is that the offender committed the offense when 5. Discharge of the Child in Conflict with the Law
he/she was still of tender age, not his/her age during o Upon recommendation of social worker, the court shall
conviction. Thus, a 25-year-old man may still be sentenced to a dismiss the case against the child.
diversion program if he acted with discernment when he o Final discharge of the child ordered if the objective of
committed the crime when he was 17 years old. the disposition measures have been fulfilled.
o These will not affect the civil liability of the child.
V. COURT PROCEEDINGS 6. Return of the Child in Conflict with the Law to Court
1. Bail o If disposition measures not fulfilled or child didnt want
o Consider the privileged mitigating circumstance of to comply, child returned to Court for judgment.
minority (Article 68). o If child has reached 18, Court will determine
2. Release on Recognizance Discharge
o Detained child: Execute sentence
Released on recognizance to parents Suspend sentence for a time or until child turns
Release of Child in Conflict with Law with bail 21.
Transfer of youth to rehab center o In turn, the child can appeal the case to a higher court.
3. Detention of the Child Pending Trial 7. Credit in Service of Sentence
o May be released on BAIL or RECOGNIZANCE o Full time spent in actual commitment and detention.
o Institutionalization/Detention last resort and with 8. Probation as an Alternative to Imprisonment
the shortest possible time. o After conviction and sentence a child in conflict with
the law, the court may place the child under probation
237
in lieu of service of the sentence taking into the money to be paid to the city shall be used
consideration the best interests of the child. for the citys payments for the maintenance of
o Probation Law of 1976 is amended accordingly. the confinement of the Child in Conflict with
the Law, pursuant to Section 588 of the AC.
VI. Rehabilitation & Reintegration 6. Confinement of convicted children in agricultural camps and
1. Objective of Rehabilitation & Reintegration other training facilities
o Intervention, approaches, strategies to improve their o Confinement to such may be done by the court in lieu
social functioning Reintegration into families, of confinement in a regular penal institution
productive members of the community. o Such to be maintained by the Bureau of Corrections in
2. Court Order required before receiving a child in a coordination with the Department of Social Welfare
rehabilitation facility and Development.
o Details shall be entered into a register 7. Rehabilitation of Children in Conflict with the Law
o Must be complied with strictly o Children in conflict with the law whose sentences are
3. Separate facilities from adults suspended, my undergo any or a combination of
o Separated from adults unless from same family disposition measures best suited to the rehab and
o Home environment simulated for comfort welfare of the child (SC Rule on Juveniles in Conflict
4. Female children with the Law)
o Personal needs and problems attended to by female o Community-based rehab child shall be released to
doctors, officers, and social workers parents. Guardians, relatives, or any other responsible
5. Care and maintenance of the Child in Conflict with the Law person in the community. Under the supervision and
o See paragraph 8 guidance of the local social welfare and development
o Flow of financial responsibility: officer (and in coordination with the abovementioned
o Parents/people liable for support (whole or in part) people), the child in conflict with the law shall
o If #1 cannot pay: participate in community-based programs
Municipality (1/3) o Based on progress, a final report shall be forwarded to
Province where municipality is located (1/3) the local social welfare and development to be
National Government (1/3) assessed by the court for final disposition of the case
o Note: 8. Youth Rehabilitation Center
If Secretary of Finance says the municipality o 24-hour group care with trained staff.
cant pay, the National Government shall pay o Final report to be mdade, as well
(2/3) 9. Civil liability of Youthful Offenders
Chartered cities shall pay (2/3) of the expenses. o Automatic:
If it cannot pay, then the internal revenue Father, if not
allotments for that city shall be suspended and Mother, if not
238
Guardian response to any inquiry made to him/her for any

o Voluntary: purpose.
Relative o Presidential Decree No. 1179 shall not apply to those
Family friend convicted of an offense punishable by death or life
10. Liability of parents or guardian or any person in the imprisonment.
commission of delinquent acts by their children or wards
o A person whether the parent/guardian of the child or
not, knowingly or willfully,
Aids, causes, abets, or connives with the
commission by a child of a delinquency
Does any act producing, promoting, or
contributing to a childs being or becoming a
juvenile delinquent P 500 / imprisonment <
2 years OR both at courts discretion
11. Confidentiality of records and proceedings
o Privileged and confidential.
o Public shall be excluded during the proceedings.
o Records shall not be disclosed directly or indirectly to
anyone by any of the parties/participants for any
purpose EXCEPT to determine the possible suspension
of the child in conflict with the law may have pursuant
to the Probation Law of 1976.
o Component authorities shall undertake all measures to
protect the confidentiality of proceedings.
o Separate police blotter for cases involving children in
conflict with the law.
o Adoption of a system of coding to conceal material info
leading to childs identity.
o A person who has been in conflict with the law as a
child shall not be held under any provision of law, to be
guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related in
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SECTION 2 EXECUTION OF PRINCIPAL PENALTIES Article 84 Place of execution and persons who may witness
the same.
Article 81. When and how the death penalty is to be executed. Article 85 Provisions relative to the corpse of the person
The death sentence shall be executed with preference to any other executed and its burial.
and shall consist in putting the person under sentence to death by
electrocution. The death sentence shall be executed under the III. Death Sentence Shall Be Executed With Preference To Any Other
authority of the Director of Prisons, endeavoring so far as possible to Penalty
mitigate the sufferings of the persons under sentence during In accordance with Article 70 providing for successive service of
electrocution as well as during the proceedings prior to the execution. sentences.
If the person under sentence so desires, he shall be anaesthetized at IV. Death Sentence By Lethal Injection
the moment of the execution. This is in accordance with Republic Act No. 8177. Prior to the
enactment of said Republic Act No., the death penalty was
As soon as facilities are provided by the Bureau of Prisons, the carried out by electrocution.
method of carrying out the sentence shall be changed to gas
poisoning. V. When Death Sentence Shall Be Carried Out
The death sentence shall be carried out not later than one (1) year Not earlier than 1 year nor later than 18 months after the
after the judgment has become final. (As amended by Sec. 24, judgment becomes final and executory, without prejudice to
Republic Act No. 7659.) the Presidents exercise of pardon.
POINTS Article 82. Notification and execution of the sentence and assistance
to the culprit.
I. Republic Act No. 9346 Expressly Repealed Republic Act No. 8177, The court shall designate a working day for the execution, but not the
Which Prescribed Death By Lethal Injection hour thereof; and such designation shall not be communicated to the
According to Section 1 of Republic Act No. 9346, the imposition offender before sunrise of said day, and the execution shall not take
of the death penalty is prohibited. place until after the expiration of at least eight hours following the
notification, but before sunset. During the interval between the
II. Because The Death Penalty May Not Be Imposed Anymore, Articles notification and the execution, the culprit shall, in so far as possible,
81-85 Have No Application be furnished such assistance as he may request in order to be
Article 81 When and how the death penalty is to be executed. attended in his last moments by priests or ministers of the religion he
Article 82 Notification and execution of the sentence and professes and to consult lawyers, as well as in order to make a will
assistance to the culprit. and confer with members of his family or persons in charge of the
Article 83 Suspension of the execution of the death sentence. management of his business, of the administration of his property, or
of the care of his descendants.
240
o Before it was after 40 days.

POINTS 3. Person over 70 years of age
o Suspension is necessary to give the President time to
I. A convict sentenced to death may make a will. act, because only the President can commute the
He has the right to consult a lawyer and make a will for the sentence.
disposition of his property. 4. Convict who becomes insane after final sentence of death has
To know if the convict sentenced to death may dispose of his been pronounced (Article 79).
property inter vivos, it must first be ascertained if the death o But when he recovers his reason and before the
penalty was not executed by reason of commutation or pardon penalty has been prescribed, he may be put to death.
(Article 40).
o Thus, if the death penalty is not executed because of II. Article 83 v. Article 47
commutation or pardon, civil interdiction as an Article 83 Article 47
accessory penalty of Article 40 can be applied, and Purpose SUSPENSION of death When death penalty is NOT to be
according to Article 34, shall deprive the offender to penalty executed
dispose of his property by any act or conveyance inter Cases 1. Woman, while 1. Guilty person is more than
vivos. pregnant 70 y/o
2. Woman, within one 2. Upon appeal/automatic
Article 83. Suspension of the execution of the death sentence. year after delivery review of the SC, the
The death sentence shall not be inflicted upon a woman while she is 3. Person over 70 y/o majority vote is not obtained
pregnant or within one (1) year after delivery, nor upon any person 4. Convict who becomes to impose death penalty
over seventy years of age. In this last case, the death sentence shall insane after final 3. Convict is a minor (below
be commuted to the penalty of reclusion perpetua with the accessory sentence of death has 18)*
penalty provided in article 40. been pronounced *This may be added in view of
(Article 79) Article 68
In all cases where the death sentence has become final, the records of
the case shall be forwarded immediately by the Supreme Court to the III. Regional Trial Court Can Suspend Execution Of Death Sentence.
Office of the President for possible exercise of the pardoning power. Must be done:
(As amended by Sec. 25, Republic Act No. 7659.) o After the judgment has become final
o After the date has been fixed for execution
POINTS o Upon petition on behalf of the prisoner
o Based upon grounds which does not challenge the
I. Death Sentence Shall Be Suspended When The Accused Is: validity of the judgment or involve a
1. Woman, while pregnant review/reconsideration of the proceedings:
2. Woman, within one year after delivery (Republic Act No. 7659) Insanity or pregnancy of convict
241
Alleged non-identity of the prisoner with the POINTS

person actually convicted and sentenced
Alleged lack of a suitable opportunity to be I. The Burial Of The Body Of A Person Sentenced To Death Should
heard on an application for executive clemency Not Be Held With Pomp.
o HOWEVER, the court cannot grant (PIC permanent, This is to prevent anyone from making a hero out of a criminal.
indefinite, conditional) suspension of the execution of
sentences in criminal cases. Article 86. Reclusion perpetua, reclusion temporal, prision mayor,
prision correccional and arresto mayor.
IV. Records To Be Forwarded To The Office Of The President, When The penalties of reclusion perpetua, reclusion temporal, prision
The Death Sentence Has Become Final mayor, prision correccional and arresto mayor, shall be executed and
For the possible exercise of the pardoning power. served in the places and penal establishments provided by the
Administrative Code in force or which may be provided by law in the
Article 84. Place of execution and persons who may witness the future.
same.
The execution shall take place in the penitentiary of Bilibid in a space Article 87. Destierro.
closed to the public view and shall be witnessed only by the priests Any person sentenced to destierro shall not be permitted to enter the
assisting the offender and by his lawyers, and by his relatives, not place or places designated in the sentence, nor within the radius
exceeding six, if he so request, by the physician and the necessary therein specified, which shall be not more than 250 and not less than
personnel of the penal establishment, and by such persons as the 25 kilometers from the place designated.
Director of Prisons may authorize.
POINTS
Article 85. Provision relative to the corpse of the person executed
and its burial. Memorize this.
Unless claimed by his family, the corpse of the culprit shall, upon the Destierro is a correctional penalty (6 months 6 years)
completion of the legal proceedings subsequent to the execution, be Violation of destierro will give rise to evasion of sentence
turned over to the institute of learning or scientific research first (Article 156-159).
applying for it, for the purpose of study and investigation, provided
that such institute shall take charge of the decent burial of the Article 88. Arresto menor.
remains. Otherwise, the Director of Prisons shall order the burial of The penalty of arresto menor shall be served in the municipal jail, or
the body of the culprit at government expense, granting permission to in the house of the defendant himself under the surveillance of an
be present thereat to the members of the family of the culprit and the officer of the law, when the court so provides in its decision, taking
friends of the latter. In no case shall the burial of the body of a person into consideration the health of the offender and other reasons,
sentenced to death be held with pomp. which may seem satisfactory to it.
242
TABLE FOR ARTICLES 84, 86-88

ARTICLE PLACE/S OF EXECUTION WITNESSES OTHER DETAILS
OR SERVICE
84 Penintentiary Priests
(Death Sentence) Bilid Prison Offenders lawyers
Offenders relatives (not ------
exceeding 6, if so requested)
Physician
Necessary personnel of the
establishment
86 Places and penal
(Reclusin Perpetua, Reclusin establishments provided by ------ ------
Temporal, Prision Mayor, Prision the AC in force or those that
Correccional, Arresto Mayor) may be provided in the future
87 No place because said Shall not be permitted to enter
(Destierro) convicted must leave the place ------ the place/s designated, nor
itself w/in a radius specified
Banishment shall be < 250 km,
but > 25 km from place
designated
88 Municipal jail, or *** Under officers surveillance *** Only when the court so
(Arresto Menor) *** House of the defendant provides, subject to the offenders
himself 1. Health
2. Other reasons satisfactory to it
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TITLE IV: EXTINCTION OF CRIMINAL LIABILITY

PAR. 1: BY DEATH OF THE CONVICT
I. Reason:
CHAPTER 1: TOTAL EXTINCTION OF CRIMINAL LIABILITY
One of the juridical conditions of penalty is that its personal.
Article 89. How criminal liability is totally extinguished.
II. Criminal And Civil Liability Is Extinguished When The Offender Dies
Criminal liability is totally extinguished: Before Final Judgment
1. By the death of the convict, as to the personal penalties and People v. Castillo When the accused died while the
as to pecuniary penalties, liability therefor is extinguished
judgment of conviction against him was pending, his civil and
only when the death of the offender occurs before final
criminal liability was extinguished by his death.
judgment.
2. By service of the sentence;
A. Criminal Liability Is Extinguished By Death At Any Stage Of The
3. By amnesty, which completely extinguishes the penalty and
Proceeding
all its effects;
Nobody will be there to serve the penalty.
4. By absolute pardon;
5. By prescription of the crime; B. Civil Liability Is Extinguished Only When Death Occurs Before Final
6. By prescription of the penalty;
Judgment
7. By the marriage of the offended woman, as provided in Article Reason: civil liability exists only when the accused is convicted
344 of this Code.
by final judgment
The civil liability extinguished by death before final judgment
POINTS includes duty to restitute the proceeds of the crime (People v.
Bayotas).
I. Extinction Of Criminal Liability Does Not Automatically/Necessarily
Mean That Civil Liability Is Also Extinguished III. Definition Of Final Judgment
Extinction of criminal liability is a ground for motion to quash. As employed in the Revised Penal Code, this means judgment
o The order sustaining such motion is a bar to another beyond recall.
prosecution for the same offense. As long as the judgment has not become executory, it cannot
be truthfully said that defendant is definitely guilty of the
II. Causes Of Extinction Of Criminal Liability Distinguished From Causes felony.
Of Justification Or Exemption Judgment also becomes final:
Causes of extinction of Causes of justification or exemptions o After the lapse of the 15-day period of perfecting
criminal liability from criminal liability appeal
Arise AFTER the commission Arise from circumstances existing either o When the sentence is partially or fully served.
of the offense BEFORE or AT THE MOMENT of its
commission
244
o When the defendant expressly waives, in writing, his o If the same act or omission complained of also arises
right to appeal. from contract civil action must be filed against the
estate of the accused (Sec.5, Rule 86, Rules of Court).
IV. Effect Of The Death Of The Accused Pending Appeal On His
Criminal And Civil Liability VII. When Death Does Not Extinguish Criminal Liability
General Rule: Death of the accused pending appeal of his The offense committed in a crime is against the state.
conviction extinguishes his the criminal liability and the civil
liability based solely on the offense committed. PAR. 2: BY SERVICE OF SENTENCE
Exception: The claim for civil liability survives if the same may I. Extinguishes Criminal Liability But NOT Civil Liability
also be predicated on a source of obligation other than delict Crime is a debut incurred by the offender as a consequence of
such as law, contracts, quasi-contracts and quasi-delict. his wrongful act and the penalty is but the amount of his debt,
Examples: which is extinguished once paid.
o Civil liability for the offense of physical injuries is Period during which convict was not inside prison walls cannot
entirely separate from the criminal action. be regarded as service of sentence. Service of sentence must
Right of the offended party to file separate civil action not lost be in a penal institution.
by prescription when accused dies pending appeal.
o In such case, the statute of limitations on the civil PAR. 3: BY AMNESTY
liability is deemed interrupted during the pendency of I. Amnesty Defined
the criminal case, conformably with provisions of An act of the sovereign power granting oblivion or general
Article 1155 of the Civil Code. pardon for a past offense.
o A public act that must be concurred to by the Congress.
V. When Civil Liability Survives Rarely exercised in favor of a single individual, and usually in
Action to recover damages from the same act or omission behalf of certain classes of persons who are subject to trial but
complained of must be filed as a separate civil action. have not been convicted (e.g. political offenders).
It must be predicated not on the criminal liability previously
charged, but on other sources of obligation. II. Amnesty Completely Extinguishes The Penalty And All Its Effects
Other sources of obligation: Act of grace, relieves the offender not only from suffering the
o If the same act or omission complained of also arises penalty but obliterates the effects of the conviction as if the act
from quasi-delict or may, by provision of law, result in were not criminal.
an injury to person or property civil action must be But the amnesty does not include any crime not covered by the
filed against the executor or administrator of the estate proclamation itself. The latter must specify the crimes to which
of the accused. (Sec.1, Rule 87, Rules of Court). amnesty is extended.
III. Amnesty May Be Granted After Conviction
245
The amnesty proclamation (e.g. Proclamation No. 51) in favor If there are 3 accused: Principal by Direct
of the Hukbalahaps is applicable to those already undergoing Participation, Principal by Indispensable
sentence upon the date of its promulgation. Cooperation, and an accomplice, will the
marriage between the victim and the Principal
IV. Civil Liability Not Extinguished By Amnesty by Direct Participation extinguish the liability of
Amnesty wipes out all traces and vestiges of the crime, but the other accused? YES. This was the intent of
does not extinguish civil liability. the Senate when they removed the original
proviso stating that the co-principal, etc. are
PAR. 4: BY ABSOLUTE PARDON not benefited, as manifested by Senator
I. Pardon Defined Enriles statement in Senate Bill No. 950.
It is an act of grace proceeding from the power entrusted with In rape cases, is the pardon of the parents of
the execution of the laws, which exempts the individual on the victim without the concurrence of the
whom it is bestowed from the punishment the law inflicts for minor victim herself effective? Boado: NO.
the crime he has committed. Offended minor must also give her express
Kinds: (1) absolute pardon and (2) conditional pardon. pardon.
Delivery is an indispensable requisite. Until accepted, all that Article 344 (seduction, acts of lasciviousness, adultery,
may have been done is a matter of intended favor and may be concubinage, abduction).
cancelled. o Offended party may pardon before institution of
criminal case (filing of complaint).
II. Who Gives Pardon o Can the President pardon even if its a private crime?
A. Pardon By The Offended Party Does Not Extinguish Criminal Yes.
Liability What is the effect of an affidavit of desistance? Simply an
Article 266-C (valid marriage between offender and victim in additional ground to buttress the accuseds defenses, not the
rape) sole consideration that can result in acquittal.
o Article 266-C: VALID marriage between offender and
offended party in rape or sexual assault will extinguish B. Pardon By The President
criminal liability and even the penalty already imposed. Private act of the President and must be proved by the
So even if the convict is already serving sentence, accused.
marriage with the victim will extinguish his criminal Must be done after final judgment.
liability. Does not extend to cases of impeachment.
Marriage must be valid. If it is void, there will Absolute pardon by the President restores all civil rights,
be no extinguishment of criminal liability. EXCEPT:
(Upon declaration of the court that it was void, o Right to suffrage
does the accused go back to prison?) o Right to hold public office
246
Note: These two rights must be specifically granted by Adultery case: US v. Guarin
the pardon of the President o Facts: A was charged for adultery with a married
woman. The married woman was pardoned.
C. A v. B o Issue: Is A also pardoned?
Pardon By Offended Party President o Held: No because it is within the discretion of the Chief
General Cant pardon, except in Article Any crime, including Executive on who is pardoned.
Rule 266-C and Article 344. private crimes. Adultery case: People v. Infante
When Before institution of criminal After final judgment o Facts: The one giving the pardon is the offended
action spouse.
Civil Doesnt extinguish but can be Doesnt extinguish civil o Held: Both offenders must be pardoned by the
Liability waived by offended party. liability. offended party for it to be effective.
Murder after evasion of sentence: Alvarez v. Director of Prisons
o Facts: A was convicted of murder. A evaded, and was
III. Amnesty v. Pardon consequentially convicted of evasion of service. A was
Amnesty Pardon pardoned for murder.
Both do not extinguish civil liability o Held: Pardon refers only to murder. It does not pardon
Blanket pardon to classes or Includes any crime, and exercised or remit the evasion of service of the sentence.
persons guilty of political offenses. individually by the President
May be exercised even before trial Exercised after conviction. PAR. 5&6: BY PRESCRIPTION OF THE CRIME AND BY PRESCRIPTION OF
or investigation. THE PENALTY
Looks backward and abolishes the Looks forward and relives I. Definitions:
offense itself. It is as though the offender from the consequences Prescription of crime forfeiture or loss of the right of the
person did not commit any of the crime to which he is State to prosecute the offender after the lapse of a certain
offense in the first place. convicted. It does not work to time.
restore rights. Prescription of penalty loss or forfeiture of the right of the
Amnesty makes an ex-convict no Pardon does not alter the fact that Government to execute the final sentence after lapse of time.
longer a recidivist as it obliterates the accused is a recidivist as it
II. Conditions necessary:
the crime only extinguishes the personal
effects. That there be final judgment
That the period of time prescribed by law for its enforcement
Needs concurrence of Congress No concurrence of Congress
has elapsed.
Public act the courts should Private Act Must be proved by
take judicial notice. the person pardoned.
PAR. 7: BY THE MARRIAGE OF THE OFFENDED WOMAN
I. Reason:
IV. Situations
247
Marriage of the offended woman with the offender after rape, II. In Computing The Period Of Prescription
seduction, abduction, acts of lasciviousness (Article 344) must A. The First Day Is To Be Excluded And The Last Day Included
be contracted in good faith, and not as a means to avoid Example: Offense committed on May 28, 1953. Filing was on
criminal liability (devoid of legal effects). July 27, 1953. The information is considered filed on 60th day.
o Prescription count: Day 1 begins on May 29, 2953.
Article 90. Prescription of crime. A month is computed as a regular 30-day month. The running
Crimes punishable by death, reclusion perpetua or reclusion temporal period of prescription will commence the day following the day
shall prescribe in twenty years. on which the crime was committed.
But as regards to the month of February of a leap year, 28th and
Crimes punishable by other afflictive penalties shall prescribe in 29th are considered separate days in computing prescription.
fifteen years.
B. Where The Last Day Of Prescription Falls On A Sunday Or Legal
Those punishable by a correctional penalty shall prescribe in ten Holiday
years; with the exception of those punishable by arresto mayor, The information can no longer be filed on the next day as the
which shall prescribe in five years. crime has already prescribed.
The crime of libel or other similar offenses shall prescribe in one year. C. When The Penalty Is A Compound One, The Highest Penalty Is The
Basis Of The Application Of The Rules In Article 90
The crime of oral defamation and slander by deed shall prescribe in When the fine is an alternative penalty higher than the other
six months. penalty which is by imprisonment prescription of the crime is
based on the fine.
Light offenses prescribe in two months. o People v. Crisostomo penalty is arresto mayor
(correctional) and fine P15,000 (afflictive), the
When the penalty fixed by law is a compound one, the highest prescription is 15 years.
penalty shall be made the basis of the application of the rules
contained in the first, second and third paragraphs of this article. (As III. Prescriptive Periods
amended by Republic Act No. 4661, approved June 19, 1966). A. Prescription Of Oral Defamation And Slander By Deed
Simple slander 2 months
POINTS Grave slander 6 months
I. General Points B. Crimes Punishable By Arresto Menor Or A Fine Not Exceeding P200
A. Implication Of Prescription Of Crime Prescribe In 2 Months
The state loses its right to prosecute. 2 months means 60 days.
Fine of P200 exact is still a light felony.
248
Amendatory act of reducing prescriptive period of libel from 2

C. Prescription Of Crimes Punishable By Fines years to 1 year.
Fines are classified as affliction, correctional or light (Article
26). IV. Defense Of Prescription May Be Raised During The Trial Or During
Subsidiary penalty should not be considered in determining the The Appeal
prescriptive period of the crime. If the accused failed to move to quash before pleading, he is
deemed to have waived all objections, and thus cannot apply
D. Destierro Is Correctional, So It Prescribes In 10 Years. for the defense of prescription (which under Article 89
extinguishes criminal liability).
E. Prescriptive Period Of Offense Punished Under Special Laws And Prescription although not invoked during trial may be invoked
Municipal Ordinances (Act No. 3763 Amending Act No. 3326). during appeal.
1. Only a fine or by imprisonment for not more than 1 month, or
both 1 year. V. The Accused Cannot Be Convicted Of An Offense Lesser Than That
2. Imprisonment for more than 1 month, but less than 2 years Charged If The Lesser Offense Had Already Prescribed At The Time The
after 4 years. Information Was Filed.
3. Imprisonment for 2 years or more, but less than 6 years
after 8 years. VI. Prescription Does Not Divest Court Of Jurisdiction; It Is A Ground
4. Imprisonment for 6 years or more after 12 years. For Acquittal Of The Accused
5. Offense under internal Revenue Law after 5 years. When there is a plea of prescription by the defense and the
6. Violations of municipal ordinances after 2 months. same appears from the allegation of the information or is
7. Violations of regulations or conditions of certificate of established the court must jurisdiction holding the action to
convenience by the Public Service Commission after 1 have prescribed and acquit the accused.
month.
Act No 3326 is not applicable where the special law provides Article 91. Computation of prescription of offenses.
for its own prescriptive period. The period of prescription shall commence to run from the day on
Prescription for violations penalized by special laws and which the crime is discovered by the offended party, the authorities,
ordinances shall begin to run for the day of the commission of or their agents, and shall be interrupted by the filing of the complaint
the violation of the law. If not known at that time, from the or information, and shall commence to run again when such
discovery thereof and the institution of judicial proceedings for proceedings terminate without the accused being convicted or
its investigation and punishment. acquitted, or are unjustifiably stopped for any reason not imputable
to him.
F. Republic Act No. No. 4661 Not Applicable To Cases Already Filed In
Court Prior To June 18, 1966 The term of prescription shall not run when the offender is absent
from the Philippine Archipelago.
249
o Held: Yes. The period of prescription did not commence

POINTS to run until A revealed it to the proper authorities.
I. Outline Of Provisions C. Period Of Prescription Of Continuing Crime Never Runs

1. The period of prescription commences to run from the day on General Rule: Prescription period for continuing crime cannot
which the crime is discovered by the offended party, the begin to run because there could be no termination of
authorities or their agents. continuity and the crime does not end.
2. It is interrupted by the filing of the complaint or information. o Arches v. Bellasillo
3. It commences to run again when such proceedings terminate Facts: Accused was charged with violation of
without the accused being convicted or acquitted or are municipal ordinance for having constructed
unjustifiably stopped for any reason not imputable to him. dikes without authorization. The dikes were
4. The term of prescription shall not run when the offender is built in 1939, and the case filed in 1947.
absent from the Philippines. Held: There was nor prescription.
Exception: If the information alleged that the continuing crime
II. When Prescription Begins To Run only existed until a specific time (e.g. dikes were an obstruction
A. Commences From Commission Or Discovery Of The Crime until a specific date only), then the crime ended on that
The contrary view would be dangerous as the successful moment and prescription can be computed.
concealment of an offense during the period fixed for its
prescription would be the very means by which the offender D. Term Of Prescription Does Not Run When The Offender Is Absent
may escape punishment. From The Philippines
It is discovery of crime, not discovery of the offender. Facts: A committed libel and immediately flew to Hong Kong
o The fact that culprit is unknown will not prevent he after, where he stayed for three years.
period of prescription from commencing to run. Held: If A returns, he can still be prosecuted for libel as it
o It is not necessary that the accused be arrested. prescription period did not begin to run
B. The Crime Is Discovered By: IV. Interruption Of Running Of Prescriptive Period: Filing Of Complaint
1. The offended party Period of prescription was interrupted when preliminary
2. The authorities examination was made by municipal mayor but the accused
3. Their agents could not be arrested because he was in hiding. The
Example: proceedings in this case were stopped for reasons imputable to
o Facts: A saw B kill C. The body of C was never found. A the accused, that is, they fled to an unknown place making it
was neither a relative of C, nor an authority or agent. difficult to arrest them for further proceedings. Thus, the
o Issue: If a revealed the information 25 years later, can B prescriptive period does not resume to run.
be prosecuted?
250
Filing Of Complaint With The Prosecutors Office Interrupts Example: When the accused evaded arrest and the case has to
Running Period Of The Prescription Of Offense Charged. be archived by the court, the proceedings are stopped because
Institution of criminal action shall interrupt the period of of the fault of the accused.
prescription of the offense charged unless otherwise provided
in special laws. VI. Special Penal Laws
The filing of the complaint in the municipal court even if it be A. Act No. 3326 Applies
merely for the purposes of preliminary examination or
investigation, interrupts the period of prescription. The Section 1. Violations penalized by special acts shall, unless otherwise
complaint or information that will interrupt the period of provided in such acts, prescribe in accordance with the following
prescription must be the proper information or complain rules: (a) after a year for offenses punished only by a fine or by
corresponding to the offense. imprisonment for not more than one month, or both; (b) after four
o Thus the filing of information containing elements for years for those punished by imprisonment for more than one month,
trespass to dwelling cannot be said to interrupt the but less than two years; (c) after eight years for those punished by
prescription of another case containing information imprisonment for two years or more, but less than six years; and (d)
concerning unjust vexation (People v. Abuya). after twelve years for any other offense punished by imprisonment
Effect of filing amended complain or information upon period for six years or more, except the crime of treason, which shall
of prescription. prescribe after twenty years. Violations penalized by municipal
o If it is merely a correction of a defect, the date of the ordinances shall prescribe after two months.
original complaint or information should be considered.
Section 2. Prescription shall begin to run from the day of the
V. When Of Running Of Prescriptive Period Resumes commission of the violation of the law, and if the same be not known
A. Proceedings Terminate Without The Accused Being Convicted Or at the time, from the discovery thereof and the institution of judicial
Acquitted proceeding for its investigation and punishment.
As such, the period of prescription commenced to run again. The prescription shall be interrupted when proceedings are instituted
Termination of a criminal case contemplated in Article 91 on against the guilty person, and shall begin to run again if the
prescription of crimes refers to a termination that is final as to proceedings are dismissed for reasons not constituting jeopardy.
amount to jeopardy that would bar a subsequence prosecution. B. Article 91 May Apply When A Special Law (While Providing A
Prescriptive Period) Does Not Prescribe Any Rule For The Application
B. Or Are Unjustifiably Stopped For Any Reason Not Imputable To Of That Period.
Him
If the proceedings are stopped for a reason imputable to the In Act 3326, what does proceedings mean?
accused, the period of prescription does not commence to run o It includes judicial proceedings, and
again. o It also includes executive proceedings. This means
investigation by the executive department.
251
Hence, when a criminal complaint is filed in SEC for the with the Register of Deeds is constructive notice to all persons.
investigation of a crime, the period is interrupted. (SEC v. (People v. Reyes).
Interport wherein the Court said that the investigation of o Can the period start earlier? YES. If the falsification is
the SEC for a crime under the Revised Securities Act interrupted discovered before filing with the Register of Deeds.
the period.) (People v. Pacificador).
Hence, in a complaint under the Intellectual Property Law, the Does this apply to marriages for bigamy (Since The marriage
prescription period is interrupted when the complaint is filed certificate is registered with the civil registrar anyway)? NO.
with the Department Of Justice for preliminary investigation. The prescriptive period should begin to run from when the
o See also Panaguiton v. DOJ which said the same thing. offended party, State or its agents, acquired actual knowledge
For cases under the Rules on Summary Procedure, the of the second marriage.
prescriptive period is interrupted when the information is filed o There is no counterpart provision in the Civil Register
in the Municipal Trial Court (no preliminary investigation eh). Act which states that filing with the civ register is
constructive notice. Moreover, bigamous marriages are
B. Some Laws Provide Their Own Prescriptive Periods usually done in a concealed manner. Hence, the period
Omnibus Election Code - 5 years will only begin to run upon discovery of the bigamous
Genocide Law (Republic Act No. 9851) - never prescribes marriage.
Human Security Act (Republic Act No. 9372) - Revised Penal
Code has suppletory application. V. Prescription Of Certain Offenses
A. Prescription Of Election Offenses (1) If Discovery Of Offense Is
C. Article 91 May Apply When A Special Law (While Providing A Incidental To Judicial Proceedings, Prescription Beings When Such
Prescriptive Period) Does Not Prescribe Any Rule For The Application Proceeding Terminates; Otherwise (2) From Date Of Commission.
Of That Period. Thus, if falsification committed by inspectors in connection with
Facts: Accused was prosecuted for violation of Usury Law. counting the votes was known to the protestants and their
Held: The rules of Article 91 regarding the commencement of election watchers BEFORE FILING of the election protests, the
the prescriptive period either from the day the offense was period of prescription began from the DATE OF COMMISSION
committed (if known) or the day it was discovered can apply. of the offense (People v. Cario).
Exception: In cases of SPL and the accused is not in the
Philippines, the prescriptive period keeps running (Romualdez B. Prescription Of The Offense Of False Testimony From Time
v. Marcelo). Principal Case Is Finally Decided
Supposing a real estate document is executed (like a REM, deed The act of testifying falsely against the defendant does not
of sale) and it is falsified. When does the period run? For constitute an actionable offense until the principal case is
documents required to be filed with the Register of Deeds, the finally decided. And before an act becomes a punishable
period begins to run upon filing with the Register of Deeds. offense, it cannot possibly be discovered as such by the
Why? Because Presidential Decree No. 1529 says that filing
252
offended party, the authorities or their agents (People v. Where the issue is the prescription of a crime and not the
Maneja). prescription of the penalty, Article 9 should prevail.
o Facts: A committed a crime to which the penalty was
Article 92. When and how penalties prescribe. P200.
The penalties imposed by final sentence prescribe as follows: o Held: the prescriptive period is 2 months. Anytime
1. Death and reclusion perpetua, in twenty years; within that, A can be charged and convicted.
2. Other afflictive penalties, in fifteen years; The subsidiary penalty for nonpayment of the fine is
3. Correctional penalties, in ten years; with the exception of the immaterial
penalty of arresto mayor, which prescribes in five years; o If the fine is P525.00, the penalty prescribes in 10 years.
4. Light penalties, in one year. It being a correctional penalty.
POINTS Article 93. Computation of the prescription of penalties.

The period of prescription of penalties shall commence to run from
I. General Points the date when the culprit should evade the service of his sentence,
Loss of the State of the right to make the convict serve his and it shall be interrupted if the defendant should give himself up, be
sentence by the lapse of time. captured, should go to some foreign country with which this
Government has no extradition treaty, or should commit another
II. In Prescription Of Crimes, It Is The Penalty Prescribed By Law That crime before the expiration of the period of prescription.
Should Be Considered; In Prescription Of Penalties, It Is The Penalty
IMPOSED That Should Be Considered POINTS
Examples:
o A committed a crime punishable by prision mayor. 12 I. Outline Of The Provisions
years elapsed before it was discovered. Can A still be 1. The period of prescription of penalties commences to run from
prosecuted? YES. The prescriptive period of an afflictive the date when the culprit ended the service of his sentence.
penalty is 15 years. 2. It is interrupted if the convict:
o After proving two mitigating circumstances without a. Gives himself up
aggravating, the imposed penalty was prision b. Be captured
correccional. A commenced to serve the sentence, but c. Goes to a foreign country with which we have no
escaped and remained at large for 12 years. If A is extradition treaty
caught, can he still be made to serve the remainder of d. Commits another crime before the expiration of the
his sentence? NO. The prescriptive period of a period of prescription.
correctional penalty is 10 years. Note: The period of prescription of penalties shall commence to
run again when the convict escapes again, after having been
III. Fine As A Light Penalty captured and returned to prison.
253
V. THIRD ELEMENT: Convict Has Not Given Himself Up Or Been

II. Elements Capture, Or Gone To A Foreign Country With Which We Have No
1. That the penalty is imposed by final sentence. Extradition Treaty, Or Committed Another Crime.
2. That the convict evaded the service of the sentence by escaping A. Should go to some foreign country with which this Government
during the term of his sentence. has no extradition treaty
3. That the convict who escaped from prison has not given himself If the convict escapes to a country where the government has
up or been capture, or gone to a foreign country with which we an extradition treaty, but that same treaty does not cover the
have no extradition treaty, or committed another crime. crime committed, the running of the prescriptive period will
4. That the penalty has prescribed, because of the lapse of time still be considered interrupted.
from the date of the evasion of the service of the sentence by
the convict. B. Should commit another crime before the expiration of the period
of prescription
III. FIRST ELEMENT: The Penalties Must Be Imposed By Final Sentence This assumes that the convict will be arrested for having
If the convict appealed and thereafter fled to the mountains, committed such crime. He can thus be made to serve the
the penalty imposed upon him would never prescribe because remainder of the sentence which he evaded.
pending appeal the sentence is not final. Evading the service of the sentence is not committing a crime
before the expiration of the period of prescription of penalties.
IV. SECOND ELEMENT: Convict Evades Service Of Sentece o This phrase should commit xxx refers to crime
Evasion of the service of the sentence is an essential element of committed when the prescription period has begun to
prescription of penalties. run.
The defense of prescription of penalties will not prosper if one Period of prescription will commence to run from the date the
received a conditional pardon because there was no evasion of convict evades his sentence.
the service of the sentence. Evasion presupposed escaping
during the service of the sentence consisting in the deprivation VI. Reason why evasion of service of sentence is taken in favor of the
of liberty. convict in prescription of penalties
o Acceptance of a conditional pardon interrupts the During that period of prescription the escaped convict lives a
prescription period (it will stop running). life of a hunted animal, hiding mostly in the mountains and
Period of prescription that ran during the time the convict forests in constant mortal fear of being caught. His life far from
evaded service of sentence is not forfeited upon his capture. being happy, comfortable and peaceful is reduced to a mere
o The prescription that ran in his favor should be taking existence filled with fear, discomfort, loneliness and misery.
into account. The convict who evades sentence is sometimes sufficiently
punished by his voluntary and self-imposed banishment and at
time, that voluntary exile is more grievous than the sentence
he was trying to avoid.
254
VII. Prescription of Crime v. Prescription of Penalty

Prescription of Crime Prescription of Penalty
Loss of right to prosecute Loss of right to enforce the
penalty
Prosecution has yet to begin Trial on the merits already
concluded
Convict may not have been under Convict already was in custody
custody
Begins when corpus delicti Begins when crime of evasion of
discovered service of sentence is done
255
CHAPTER 2: PARTIAL EXTINCTION OF CRIMINAL LIABILITY Where one is granted a conditional pardon on the condition
that he should not kill any more. What is his liability if he kills
Article 94. Partial extinction of criminal liability. again? (1) Article 159 AND (2) Homicide. Two distinct crimes;
Criminal liability is extinguished partially: no complex crime.
1. By conditional pardon;
2. By commutation of the sentence; and PARAGRAPH 2: COMMUTATION OF SENTENCE
3. For good conduct allowances which the culprit may earn while I. Commutation Of Sentence
he is serving his sentence Change of the decision of the court made by the Chief
Executive by reducing the degree of the penalty inflicted upon
POINTS the convict OR by decreasing the length of the imprisonment or
the amount of the fine.
PARAGRAPH 1: CONDITIONAL PARDON
I. Nature Of Conditional Pardon. Ii. Specific Cases Where Commutation Is Provided For By The Code.
Conditional pardon delivered and accepted is considered a 1. When the convict sentenced to death is over 70 years of age
contract between the sovereign power of the executive and the (Article 83).
convict that the executive will release the convict upon 2. When eight justices of the Supreme Court fail to reach a
compliance with the condition. decision for the affirmation of the death penalty.
Must be given after final judgment and must be accepted by In either case, the degree of the penalty is reduced from death
accused. to RP.
Does not extinguish civil liability. In commutation of sentence, consent of the offender is not
necessary. The public welfare, not his consent, determines
II. Usual Condition Imposed Upon The Convict In Conditional Pardon. what shall be done. (Biddle v. Perovich)
In conditional pardon: the condition usually imposed upon the
convict he shall not again violate any of the penal laws of PARAGRAPH 3: GOOD CONDUCT ALLOWANCES
the Philippines I. For Good Conduct Allowances
Allowances for good conduct are deductions from the term of
III. Effect Of Violation Of Condition sentence for good behavior. (Article 97)
If one violates his conditional pardon, two things can happen: Different from that provided in Article 29 which is an
a. (Administrative Procedure) President orders his re- extraordinary reduction of full time or four-fifths of the
arrest and incarceration (no need for judicial preventive imprisonment from the term of the sentence.
determination of guilt), or A prisoner is also entitled to a special time allowance for
b. (Judicial Procedure) Prosecuted under 159 of the loyalty. (Article 98) A deduction of 1/5 of the period of his
Revised Penal Code. sentence is granted to a loyal prisoner. (See Article 158)
256
OTHER GROUNDS FOR PARTIAL EXTINCTION OF CRIMINAL LIABILITY By Who Granted by the Chief Granted by the Board of
I. Parole Under Indeterminate Sentence Law. Executive Pardons and Parole
The parole granted to a convict by the Parole Board should be Statute Administrative Code Indeterminate Sentence Law
added. A parole may be granted to a prisoner after serving the Involved
minimum penalty under the Indeterminate Sentence Law. Penalty for The convict may be The convict cannot be
violation ordered rearrested or prosecuted under Article 159.
A. Definition Of Parole reincarcerated by the He can be rearrested and
Parole consists in the suspension of the sentence of a convict Chief Executive, or may reincarcerated to serve the
after serving the minimum term of the indeterminate penalty, be prosecuted under unserved portion of his
without granting a pardon, prescribing the terms upon which Article 159 of the Revised original penalty
the sentence shall be suspended. Penal Code
If convict fails to observe the conditions of the parole, the
Board of Pardons and Parole is authorized to direct his arrest II. Probation
and return to custody and thereafter to carry out his sentence
without deduction of the time that has elapsed between the III. Partial Repeal Of A Penal Law
date of the parole and the subsequent arrest.
Article 95. Obligation incurred by a person granted conditional
B. Is Conviction Necessary To Revoke Parole? Yes. pardon.
The mere commission, not conviction by the court, of any crime Any person who has been granted conditional pardon shall incur the
is sufficient to warrant parolees arrest and re-incarceration obligation of complying strictly with the conditions imposed therein,
(Guevara). otherwise, his noncompliance with any of the conditions specified
In a petition for habeas corpus, it was contended that the shall result in the revocation of the pardon and the provisions of
recommitment order was premature, because it came down Article 159 shall be applied to him.
before his convictions of the series of estafa committed by him
during the period of the parole. It was held that it was now POINTS
rather academic, even assuming that final conviction is
necessary in order to constitute a violation of the condition of I. Outline Of The Provisions:
the parole (Fortunato v. Director). 1. He must comply strictly with the conditions imposed in the
pardon.
C. Conditional Pardon v. Parole 2. Failure to comply with the conditions shall result in the
Conditional Pardon Parole revocation of the pardon. Under Section 64(i), R.A.C., the Chief
When Given any time after final Given after the prisoner has Executive may order his arrest and reincarceration. (People v.
Given judgment served the minimum penalty Aglahi)
imposed on him
257
3. He becomes liable under Article 159. This is the judicial him to the following deduction from the period of his sentence:
remedy. 1. During the first two years of imprisonment, he shall be
allowed a deduction of five days for each month of good
II. Condition Of Pardon Is Limited To The Unserved Portion Of The behavior;
Sentence, Unless An Intention To Extend It Beyond That Time Is 2. During the third to the fifth year, inclusive, of his
Manifest imprisonment, he shall be allowed a deduction of eight days
Duration of the conditions subsequent, annexed to a pardon for each month of good behavior;
limited to the period of the prisoners sentence, unless an 3. During the following years until the tenth year, inclusive, of
intention to extend it beyond the term of his sentence was his imprisonment, he shall be allowed a deduction of ten days
manifest from the nature of the condition or the language in for each month of good behavior; and
which it was imposed. (Infante v. Warden) 4. During the eleventh and successive years of his imprisonment,
he shall be allowed a deduction of fifteen days for each month
III. Illustration: of good behavior.
If a convict was sentenced to 12 years and 1 day of relclusion
temporal (the maximum term of the indeterminate penalty), POINTS
and after serving 5 years he was granted a conditional pardon -
the condition being that he should not commit any crime in the I. Application Of The Provisions Of Article 97
future - that condition must be complied with by him until the People v. Tan: Release of appellee Tan by the provincial
end of the 7 years from the grant of the conditional pardon, it warden, after an imprisonment of only 2 years, 8 months and
being the unserved portion of his sentence. 21 days, was premature.
If he commits a crime after the expiration of the 7 years, he is Under paragraph No. 1, Article 97 of the Revised Penal Code,
not liable for violation of the conditional pardon. The condition he may be allowed a deduction of 5 days for each month of
of the pardon is no longer operative when he commits a new good behavior during his first 2 years of imprisonment, which
offense. would be 24 months multiplied by 5, or 120 days;
But if he commits a crime before the expiration of the 7 years, Under paragraph No. 2, he may be allowed a deduction of 8
he is liable for violation of the conditional pardon. days a month for the next 3 years.
For the balance of 8 months, multiplied by 8, we have 64 days;
Article 96. Effect of commutation of sentence. so that the total credit for good behavior would be 184 days,
The commutation of the original sentence for another of a different equivalent to 6 months and 4 days. The prisoners actual
length and nature shall have the legal effect of substituting the latter confinement of 2 years, 8 months and 21 days, plus his possible
in the place of the former. total credit of 6 months and 4 days, would give the result of 3
years, 2 months and 25 days. Since the maximum term of his
Article 97. Allowance for good conduct. sentence is 4 years and 2 months, appellee Tan has an
The good conduct of any prisoner in any penal institution shall entitle unserved portion of 11 months and 5 days.
258
II. No Allowance For The Good Conduct While Prisoner Is Released II. The Deduction Of 1/5 Is Based On The Original Sentence
Under Conditional Pardon While this article mentions the period of his sentence, it
Reason the good conduct time allowance is given in should be understood that the convict is to be credited for
consideration of the good conduct observed by the prisoner loyalty with 1/5 of his original sentence -- not of the unexpired
while serving his sentence. In this case, the accused was portion of his sentence.
enjoying liberty under a conditional pardon. He was not serving
the remitted penalty in prison (People v. Martin). III. Article 158 Provides For Increased Penalty
By a consideration of the terms of Article 96 alone, and also in Article 158: a convict who evaded the service of his sentence
conjunction with other parts of the Revised Penal Code, the by leaving the penal institution where he had been confined,
phrase any prisoner in Article 97 thereof is to be regarded as on the occasion of disorder resulting from a conflagration,
referring only to a prisoner serving sentence (Baking v. Director earthquake, explosion or similar catastrophe or during a mutiny
of Prisons). in which he did not participate, is liable to an increased penalty
(1/5 of the time still remaining to be served not to exceed 6
Article 98. Special time allowance for loyalty. months), if he fails to give himself up to the authorities within
A deduction of one-fifth of the period of his sentence shall be granted 48 hours following the issuance of a proclamation by the Chief
to any prisoner who, having evaded the service of his sentence under Executive announcing the passing away of the calamity.
the circumstances mentioned in Article 158 of this Code, gives himself
up to the authorities within 48 hours following the issuance of a Article 99. Who grants time allowance.
proclamation announcing the passing away of the calamity or Whenever lawfully justified, the director of Prisons shall grant
catastrophe referred to in said article. allowances for good conduct. Such allowances once granted shall not
be revoked.
POINTS
POINTS
I. What Is Special Time Allowance For Loyalty Of Prisoner?
It is a deduction of 1/5 of the period of the sentence of a I. The Authority To Grant Time Allowance Is Exclusively Vested In The
prisoner who, having evaded the service of his sentence during Director.
the calamity or catastrophe mentioned in Article 158, gives Allowance for good conduct is not an automatic right, for the
himself up to the authorities within 48 hours following the Director or Prisons must grant it.
issuance of the proclamation by the President announcing the o Allowances for good conduct once granted by the
passing away of the calamity or catastrophe. Director of Prisons cannot be revoked by him.
He must escape and then return. If he doesnt escape, just stays There is no justification for the provincial wardens usurping
put in the prison, he doesnt get any good conduct allowance. the authority of the Director of Prisons in crediting the prisoner
o Lesson: escape, but return.
259
with good conduct time allowance. Such authority is exclusively

vested in the Director. (People v. Tan)
260
TITLE FIVE: CIVIL LIABILITY B, the injured party, was indemnified in the criminal
case for the damages caused to him, the latter cannot
recover damages in a separate civil action for the same
CHAPTER 1: PERSONS CIVILLY LIABLE FOR FELONIES
act or omission of A.
Civil liability under the Revised Penal Code includes:
I. Persons Civilly Liable For Felonies
a. Restitution
As a general rule, an offense causes two classes of injuries:
b. Reparation of the damage caused
1. Social injury, produced by the disturbance and alarm which are
c. Indemnification for consequential damages (Article
the outcome of the offense.
104)
2. Personal injury, caused to the victim of the crime who may
have suffered damage, either to his person, to his property, to
II. Basis Of Civil Liability
his honor, or to her chastity.
Underlying the legal principle that a person who is criminally
The social injury is sought to be repaired through the
liable is also civilly liable is the view that from the standpoint of
imposition of the corresponding penalty while the personal
its effects, a crime has dual characters:
injury, through indemnity, which is civil in nature.
a. As an offense against the state because of the
disturbance of the social order
Article 100. Civil liability of a person guilty of felony.
b. As an offense against the private person injured by the
Every person criminally liable for a felony is also civilly liable. crime unless it involves the crime of treason, rebellion,
espionage, contempt ad others wherein no civil liability
POINTS arises on the part of the offender either because there
are no damages to be compensated or there is no
I. Civil Liability Arising From Offenses private person injured by the crime.
Every person who, contrary to law, willfully or negligently In the ultimate analysis, what gives rise to the civil liability is
causes damage to another, shall indemnify the latter for the really the obligation of everyone to repair or to make whole the
same. (Article 20, Civil Code) damage caused to another by reason of his act or omission,
Civil obligations arising from the criminal offenses shall be whether done intentionally or negligently and whether or not
governed by the penal laws. (Article 1161, Civil Code) punishable by law (Occena v. Icamina).
The civil liability arising from negligence under the Revised
Penal Code is entirely separate and distinct from the III. Damages That May Be Recovered In Criminal Cases
responsibility for fault or negligence called a quasi-delict. Crimes against property damages based on the price of the
(Article 2176, Civil Code) But the party claiming payment for thing and its special sentimental value to the injured party may
the damage done cannot recover twice for the same act or be recovered, if the thing itself cannot be restored (Article 106
omission of the defendant. (Article 2177, Civil Code) Revised Penal Code).
o Thus, if A was convicted of serious physical injuries
through negligence under the Revised Penal Code, and
261
Crimes against persons (like the crime of physical injuries) Thus, if felony committed could not or did not cause any
the injured party is entitled to be paid for whatever he spent damage to another, offender is not civilly liable even if he is
for the treatment of his wounds, doctors fees, and for criminally liable for the felony committed.
medicine, as well as the salary or wages unearned by him o Example: A slapped the face of the mayor who was
because of his inability to work due to his injuries. then in the performance of his duty. Under Article 148,
Damages may also be recovered for loss or impairment of the crime committed is direct assault. As the slapping
earning capacity in cases of temporary or permanent personal did not cause any injury to the mayor, A is not civilly
injury (Article 2205, Civil Code). liable.
Moral damages may be recovered in a criminal offense Possible that theres a crime but no civil liability, like in
resulting in physical injuries, in the crimes of seduction, victimless crimes.
abduction, rape, or other lascivious acts, adultery or o But if the state is the one aggrieved, the state can
concubinage, illegal or arbitrary detention or arrest, illegal recover civil liability (e.g. Malversation).
search, libel, slander or any other form of defamation, and in Possible that theres no crime, but theres still civil liability
malicious prosecution. (Article 2219, Civil Code) (Article 332 swindling relatives).
Exemplary damages as a part of the civil liability may be
imposed when the crime was committed with one or more V. A Person Criminally Liable For A Felony Is Also Civilly Liable
aggravating circumstances. (Article 2230, Civil Code) Every person criminally liable is also civilly liable.
Damages for death caused by a crime have been raised to Php Civil liability arising from crimes (ex delicto) shall be governed
75,000.00 (People v. Lucero). In addition: by the penal laws, subject to the provisions of Articles 29 to 35,
1. The defendant shall be liable for the loss of the earning 2176, 2177, and 2202, 2204, 2206, 2216, 2230, 2233, and 2234
capacity of the deceased, unless the deceased, on (regulating damages) of the Civil Code and to the provisions of
account of permanent physical disability not caused by Rule 111, Revised Rules of Criminal Procedure.
defendant, has no earning capacity;
2. He shall be liable to give support if the deceased was A. Since A Person Criminally Liable Is Also Civilly Liable, Does His
obliged to give support under Article 291 of the Civil Acquittal In A Criminal Case Mean Extinction Of His Civil Liability?
Code to one not an heir of the deceased; The Revised Penal Code is silent on this point. But the Revised
3. He shall pay moral damages for mental anguish to the Rules of Criminal Procedure provides:
spouse, legitimate and illegitimate descendants and o The extinction of the penal action does not carry with
ascendants. (Article 2206, Civil Code) it extinction of the civil. However, the civil action based
on delict shall be deemed extinguished if there is a
IV. But If There Is No Damage Caused By The Commission Of The finding in a final judgment in the criminal action that
Crime, The Offender Is Not Civilly Liable the act or omission from which the civil liability cay
arise did not exist. (Section 2, paragraph 4, Rule III,
Revised Rules of Criminal Procedure)
262
Thus, the dismissal of the information or the criminal action subsequent civil action based upon the alleged criminal act
does not affect the right of the offended party to institute or (Republic v. Asaad).
continue the civil action already instituted arising from the But where the state is party to the civil action, the issues
offense, because such dismissal or extinction of the penal determined by the conviction of the defendant are concluded
action does not carry with it the extinction of the civil one in the civil action.
(People v. Velez). In this case, there was a pending separate
civil action, arising out of the same offense, filed by the B. Civil Liability May Exist, Although The Accused Is Not Held
offended party against the same defendant. Criminally Liable, In The Following Cases:
Though the death of an accused-appellant during the pendency 1. Acquittal on reasonable doubt. When the accused in a
of an appeal extinguished his criminal liability, his civil liability criminal prosecution is acquitted on the ground that his guilt
survives. Extinction of criminal liability does not necessarily has not been proved beyond reasonable doubt, a civil action for
mean that the civil liability is also extinguished. Only the damages for the same act or omission may be instituted
criminal liability, including the fine, which is pecuniary, but not (Article 29, Civil Code).
civil, of the accused is extinguished by his death, but the civil Award in judgment of acquittal.
liability remains (Petralba v. Sandiganbayan). o The court may acquit an accused on reasonable doubt
An Acquittal In A Criminal Case Is Not Evidence Of Innocence and still order payment of civil damages already proved
In Subsequent Civil Action Based Upon The Alleged Criminal in the same case without need for a separate civil
Act. In a civil case, the Solicitor General moved for the action. The reason is the accused has been accorded
cancellation of the certificate of naturalization issued in favor due process. To require a separate civil action would
of the petitioner, upon the ground that it was secured illegally mean needless clogging of court dockets and
and fraudulently. Among the acts of misrepresentation and unnecessary duplication of litigation with all its
misconduct imputed to the petitioner was the alleged attendant loss of time, effort, and money on the part of
maltreatment by him of Mrs. Joist. It appeared that the all concerned (Maximo v. Gerochi, Jr.).
Municipal Court which tried the maltreatment case acquitted 2. Acquittal from a cause of non-imputability The exemption
the defendant (petitioner). The court trying the civil case did from criminal liability in favor of an imbecile or insane person,
not take into account the evidence introduced in that civil case and a person under 15 years of age, or one over 15 but under
in support of the charge of maltreatment. 18 years of age, who has acted without discernment, and those
Held: The trial court erred in not taking into account the acting under the compulsion of an irresistible force or under
evidence introduced in the civil case in support of the charges the impulse of an uncontrollable fear of an equal or greater
of maltreatment. The Supreme Court stated that the great injury, does not include exemption from civil liability (Article
weight of authority supports the rule that a judgment of 101, Revised Penal Code).
acquittal is not effective under the doctrine of res judicata in a 3. Acquittal in the criminal action for negligence does not
later civil action involving the same subject-matter. An acquittal preclude the offended party from filing a civil action to recover
in a criminal prosecution does not constitute a bar to a
263
damages, based on the new theory that the act is a quasi-delict. b. If the criminal action is filed after said civil action has
(Article 2177, Civil Code) already been instituted, the latter shall be suspended in
4. When there is only civil liability. When the court finds and so whatever stage it may be found before judgment on
states in its judgment that there is only civil responsibility, and the merits. The suspension shall last until final
not criminal responsibility, and that this finding is the cause of judgment is rendered in the criminal action.
acquittal. (De Guzman v. Alva) Nevertheless, before judgment on the merits is
rendered in the civil action, the same may, upon
VI. Prosecution Of Civil Action Arising From Crime motion of the offended party, be consolidated with the
A. Provisions Of Revised Rules Of Criminal Procedure (Rule 111) On criminal action in the court trying the criminal action. In
The Prosecution Of Civil Action Arising From Offenses: case of consolidation, the evidence already adduced in
Institution of criminal and civil actions When a criminal the civil action shall be deemed automatically
action is instituted, the civil action for the recovery of civil reproduced in the criminal action without prejudice to
liability arising from the offense charged shall be deemed the right of the prosecution to cross-examine the
instituted with the criminal action unless the offended party witnesses presented by the offended party in the
waives the civil action, reserves the right to institute it criminal case and of the parties to present additional
separately, or institutes the civil action prior to the criminal evidence. The consolidated criminal and civil actions
action. shall be tried and decided jointly (Section 2, Rule 111,
o The criminal action for violation of B.P. Blg 22 shall be Revised Rules Of Criminal Procedure).
deemed to include the corresponding civil action. No Judgment in civil action not a bar. A final judgment rendered
reservation to file such civil action shall be allowed. in a civil action absolving the defendant from civil liability is not
When civil action may proceed independently. In the cases bar to a criminal action against the defendant for the same act
provided for in Articles 32, 33, 34, and 2176 of the Civil Code of or omission subject of the civil action (Section 5, Rule 111,
the Philippines, the independent civil action may be brought by Revised Rules Of Criminal Procedure).
the offended party. It shall proceed independently of the Suspension by reason or prejudicial question. A petition for
criminal action and shall require only a preponderance of suspension of the criminal action based upon the pendency of a
evidence. In no case, however, may the offended party recover prejudicial question in a civil action may be filed in the office of
damages twice for the same act or omission charged in the the prosecutor or the court conducting the preliminary
criminal action (Section 3, Rule 111, Revised Rules Of Criminal investigation. When the criminal action has been filed in court
Procedure). for trial, the petition to suspend shall be filed in the same
When separate civil action is suspended. criminal action at any time before the prosecution rests
a. After the criminal action has been commenced, the (Section 6, Rule 111, Revised Rules Of Criminal Procedure).
separate civil action arising therefrom cannot be
instituted until final judgment has been rendered in the VII. Exception To The Rule That Extinction Of The Criminal Action Does
criminal action; Not Extinguish Civil Action.
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The civil action reserved by the complainant during the a. Under Article 29 of the Civil Code, when the accused in
prosecution of the criminal action will be allowed after a criminal prosecution is acquitted on the ground that
termination of the criminal proceedings, only when he as the his guilt was not proved beyond reasonable doubt, a
right thereto, that is to say, when the judgment rendered is one civil action for damages for the same act or omission
of conviction, or, in case the accused is acquitted, the may be instituted.
complainant is based on some other fact that was charged with b. According to Section 2(b), Rule 111 of the Rules of
the crime of estafa thru falsification of commercial documents. Court, extinction of the penal action does not carry
The court acquitted him from the charge on the ground that with it extinction of the Civil, and in that case the lower
money had been received or retained by him pursuant to an court did not make any declaration that the fact from
arrangement between the latter and the offended party, and which the civil may arise did not exist
that the liability of the defendant for the return of the amount
so received arises from a civil contract, not from a criminal act, A. When The Final Judgment In A Criminal Case Does Not State "That
and may not be enforced in the criminal case (People v. The Fact From Which The Civil Might Arise Did Not Exist," Extinction
Miranda). Of The Penal Action Does Not Carry With It Extinction Of The Civil
Since the court acquitted the accused on the ground that the The extinction of the penal action does not carry with it
money had been received or retained by appellant pursuant to extinction of the civil action. However, the civil action based on
an arrangement between the latter and the offended party, in delict shall be deemed extinguished if there is a finding in a
order to conceal the transaction from the other offended party, final judgment in the criminal action that the act or omission
it was improper and unwarranted to impose a civil liability in from which the civil liability may arise did not exist.
the same criminal action. The liability of the defendant for the When the accused in a criminal case for estafa (Revised Penal
return of the amount so received arises from a civil contract, Code Article315) was acquitted because there was no
not from a criminal act, and may not be enforced in the conversion or misappropriation, an element of the crime, then
criminal case but in a separate civil action (People v. Miranda). but the evidence shows that she really received the jewelry,
People v. Lagman: Complainant appealed, through her private then the civil action is not extinguished (Laperal v. Alvia).
prosecutor, from the decision of the lower court, acquitting the But if in a criminal case for arson, the court states in its
accused on the ground of reasonable doubt, the Court of judgment of acquittal that "the accused cannot in any manner
Appeals Held: "With respect to the award of damages in favor be held responsible for the fire," such declaration fits well into
of the complainant, the rule is that in a criminal case, the the exception of the rule and actually exonerates the accused
accused is civilly liable only if he is found guilty. But not if he is from civil liability (Tan v. Standard Vacuum Oil Co.).
declared innocent. In the case before us, the accused was The question is whether appellants may still recover damages
acquitted of the crime charged. Therefore, the award of from Priela, considering that he has been explicitly acquitted by
damages in favor of the complainant should be set aside." the trial court, upon the ground that "he has not been remiss in
o Ruling is erroneous for two reasons: his caution nor in his presence of mind trying to avoid" said
"freak accident."
265
Held: Pursuant to the Rules of Court: "Extinction of the penal criminal action (Section 2, Rule 111, Revised Rules Of Criminal
action does not carry with it extinction of the civil, unless the Procedure).
extinction proceeds from a declaration in a final judgment that The rule which requires the suspension of the civil case after
the fact from which the civil might arise did not exist." In the the criminal action has been commenced, refers to the
case at bar, the decision appealed from has not only acquitted commencement of the criminal action in court and not to the
Priela; but also, declared that the collision, which resulted in mere filing of a complaint with the prosecuting officer. (Coquia
the destruction of appellants' car, had not been due to any et al v. Cheong)
negligence on his part. SInce appellants' civil action is
predicated upon Priela's alleged negligence, which does not B. Judgment In The Civil Case Already Promulgated Cannot Be
exist, according to said final judgment, it follows necessarily Suspended By The Filing Of Criminal Action
that his acquittal in the criminal action carries with it the The provisions of Section 2 of Rule 111, Rules of Court, that
extinction of the civil responsibility arising therefrom (Faraon v. "after a criminal action has been commenced, no civil action
Priela). arising from the same offense can be prosecuted, and the same
shall be suspended, in whatever stage it may be found, until
VIII. Commencement Of Criminal Action Not A Condition Precedent To final judgment in the criminal proceeding has been rendered"
The Filing And Prosecution Of Civil Action Arising From Crime does not contemplate the suspension of a judgment already
The Revised Rules of Criminal Procedure permit the institution promulgated in a civil action by the filing of a criminal
of a civil action to demand civil responsibility arising from crime complaint with the prosecution attorney charging the winning
before the institution of the criminal prosecution. party with having introduced false documentary evidence.
A contrary doctrine would render the right of the injured party (Tanda v. Aldaya)
to indemnity a myth, and justice a farce, for the guilty party
would be able to dispose of his property (Alba v. Acuna). IX. Section 2 of Rule 111 applies only (1) when the claimant in the civil
action is the offended party in the criminal action and (2) both cases
A. But The Civil Action Arising From Crime Cannot Be Instituted Or arise from the same offense.
Prosecuted In The Following Cases: Section 2, Rule 111, Revised Rules Of Criminal Procedure,
1. After the criminal action has been commenced, the separate requiring the suspension of the civil action in view of the
civil action arising therefrom cannot be instituted until final commencement of the criminal action applies only when the
judgment has been entered in the criminal action (Section 2, claimant in the civil action is the same offended party in the
Rule 111, Revised Rules Of Criminal Procedure). criminal action and both cases arise from the same offense or
2. If the criminal action is filed after the said civil action has transaction. (Belleza v. Huntington)
already been instituted, the latter shall be suspended in Thus, if in the civil case, the plaintiff is the accused in the
whatever stage it may be found before judgment on the merits. criminal case and the defendant in that civil case is the
The suspension shall last until final judgment is rendered in the offended party in the criminal case, the counterclaim covering
not only the sum of P24,000.00 advanced to the plaintiff to
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purchase jute bags but also the sum of P171,000.00 as damages reserved his right to have civil damages determined in a
which the defendant claims to have sustained, and the separate civil action (People v. Vigo).
information in the criminal case being merely confined to the Under Article 100 of this Code, when an information or
former sum (P24k) the claimant (plaintiff) is not the offended complaint is filed, even without any allegation of damages and
party in the criminal case and both cases do not arise from the the intention to prove and claim them, it is to be understood
same transaction (Belleza v. Hintington). that the offender is liable for them (People v. Celorico).
The rule that a civil action shall be suspended until final
judgment is rendered in criminal case, applies when the civil XI. Civil Liability Of The Accused Extends In Favor Of Persons Not
action arises from the offense charged in the criminal case Mentioned In The Information.
(Alerta, et al. v. Medoza). In criminal cases where the intervention of the aggrieved
parties is limited to being witnesses for the prosecution, the
X. Section 2(A) Of Rule 111 Applies Only To Civil Liability Arising From civil liability of the accused should not extend only in favor of
Crime the person or persons mentioned in the information. Unless
Thus, when the cause of action in the civil case is based on the record shows that an omitted party has waived the civil
culpa contractual and not on the civil liability arising from the liability or has reserved the right to file a separate civil action to
offense involved in the criminal case, Section 2(a) of Rule 111 recover the same, such party's right to the civil liability arising
Rules of Court does not apply and the trial court erred in from the offense is impliedly included in the criminal action.
suspending the hearing of the civil case until the final (People v. Despavellador)
determination of the criminal case. Section 2(a) of Rule 111
contemplates a case where the offended party desires to press XII. Attachment in criminal cases.
his right to demand indemnity from the accused in the criminal When the civil action is properly instituted in the criminal
case which he may assert either in the same criminal case or in action as provided in Rule 111 the offended party may have the
a separate civil action (Parker v. Panlilio). property of the accused attached as security for the satisfaction
Culpa contractual is the basis of a civil action against a of any judgment that may be recovered from the accused in the
transportation company, for instance, for its failure to carry following cases:
safely its passenger to his destination. The obligation to pay for a. When the accused is about to abscond from the
damages arises from contract, and not from crime. Philippines;
b. When the criminal action is based on a claim for money
A. Allegations Of Damages In Information Not Necessary. or property embezzled or fraudulently misapplied or
The court may sentence the accused to pay the offended party, converted to the use of the accused who is a public
moral and material damages, even if there is no specific officer, officer of a corporation, attorney, factor,
allegation of such damages in the information, provided the broker, agent, or clerk, in the course of his employment
offended party has not expressly waived such liability or as such, or by any other person in a fiduciary capacity,
or for a willful violation of duty;
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c. When the accused has concealed, removed, or separate civil action after proper reservation is made therefor
disposed of his personal property, or is about to do so; (People v. Lipana).
d. When the accused resides outside the Philippines. The reason for the rule is that the continuation of the offended
party's intervention in a criminal action depends upon the
A. Writ Of Attachment, Etc. May Be Issued In Criminal Cases. continuation of such action by the provincial fiscal. Once the
Within the criminal action, with which the civil action is criminal action is dismissed by the trial court on petition of the
impliedly instituted, the offended party may obtain the provincial fiscal, the offended party's right to intervene ceases,
preliminary writ of attachment. The court in which the civil and he cannot appeal from the order of dismissal, otherwise, it
action is pending is, after the filing of the information in the "would be tantamount to giving said offended party the
criminal case, not ipso facto deprived of the power to issue direction and control of the criminal proceeding" (People v.
preliminary and auxiliary writs, such as preliminary injunction, Lipana).
attachment, appointment of receiver, fixing amounts of bonds, But the offended party may rightly intervene by interposing an
and other processes, of similar nature, which do not go into the appeal from the order dismissing the action upon a question of
merits of the case (Ramcar, Inc. v. De Leon). law (People v. Maceda).
Availability of provisional remedies The provisional remedies
in civil actions insofar as they are applicable may be availed of C. Right To Appeal As To Civil Liability.
in connection with civil action deemed instituted with the When the court found the accused guilty of criminal
criminal action. negligence, but failed to enter judgment of civil liability, the
private prosecutor has a right to appeal for purposes of the civil
XIII. Appeals liability of the accused. The appellate court may remand the
A. From The Judgment Of Conviction In Criminal Case, Two Appeals case to the trial court for the latter to include in its judgment,
May Be Taken the civil liability of the accused. (People v. Ursua)
Every criminal case involves two actions: one criminal and
another civil. From a judgment of conviction, two appeals may, D. Offended Party Has Right To Be Heard During The Appeal.
accordingly, be taken. The accused may seek a review of said When a judgment convicting the accused is appealed, the
judgment as regards both actions. Similarly, the complainant offended party has the right to be heard during appeal. If the
may appeal with respect only to the civil action. The right of Solicitor General asks for the reversal of the appealed judgment
either to appeal or not to appeal is not dependent upon the and the acquittal of the accused, the offended party has also
other (People v. Coloma). the right to be heard. (People v. Villegas)
B. Remedy Of Offended Party Where Fiscal Asks For Dismissal. E. Civil Liability May Be Added Within The 15-Day Period, Even If The
If the criminal action is dismissed by the court on motion of the Convict Has Started Serving Sentence.
fiscal upon the ground of insufficiency of evidence, the Before the expiration of the 15-day period for appealing, the
offended party has no right to appeal, his remedy being a trial court can amend the judgment of conviction by adding a
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provision for the civil liability of the accused, and this independently. IN the same way that the civil suit can
notwithstanding that the judgment became final because the be tried, the criminal prosecution has to run its course
accused had commenced the service of his sentence (People v. (Rojas v. People).
Rodriguez). 3. When the civil action is against a member of a city or municipal
This ruling applies even though an appeal from the judgment of police force for refusing or failing to render aid or protection to
conviction has already been perfected (People v. Co Ko Tong). any person in case of danger to life or property. Such peace
But after the 15-day period for appealing, the trial court cannot officer shall be primarily liable for damages, and the city or
amend its decision by adding thereto the civil liability (Sese v. municipality shall be subsidiarily responsible therefor. (Article
Montesa). 34, Civil Code)
4. In an action for damages arising from fault or negligence, there
XIV. An Independent Civil Action May Be Brought By The Injured Party being no pre-existing contractual relation between the parties
During The Pendency Of The Criminal Case, Provided The Right Is (quasi-delict) (Article 2176, Civil Code).
Reserved o Responsibility for such fault or negligence is entirely
In cases provided in Articles 31-34 and 2176 of the Civil Code, separate and distinct from the civil liability arising from
the independent civil action may be brought by the offended negligence under the Revised Penal Code. But the
party. It shall proceed independently of the criminal action, and plaintiff cannot recover damages twice for same act or
shall require only a preponderance of evidence. In no case, omission of the defendant (Article 2177, Civil Code).
however, may the offended party recover damages twice for o The purpose of the reservation is to prevent the matter
the same act or omission charged in the criminal action. (Sec. 3, from becoming res adjudicata. (Philippine Railway Co.
Rule 111, Revised Rules of Criminal Procedure) v. Jalandoni)
A. Reservation Of The Right To Institute Separate Civil Action B. Effect Of Reservation Of Right To Intervene In Prosecution Of
Necessary In The Following Cases: Criminal Case.
1. In any of the cases referred to in Article 32, Civil Code. Once the offended party has reserved his right to institute a
2. In cases of defamation, fraud, and physical injuries. separate civil action to recover indemnity, he thereby loses his
o The words "defamation", "fraud" and "physical injuries" right to intervene in the prosecution of the criminal case.
are used in their ordinary sense. The term "physical Consequently, appellant no longer had any right to move for
injuries" means bodily injury, not the crime of physical the reconsideration of, much less to appeal from the decision in
injuries. It includes attempted homicide, frustrated the criminal case, insofar as it decided the question of civil
homicide, or even death (Carandang v. Hon. Vicente indemnity, for appellant no longer had any standing in the case
Santiago). (Tactaquin v. Palileo).
o Estafa is included in the term "fraud." Article 33 of the Civil Code has modified the provisions of Rule
o Where fraud is the basis for both civil and the criminal 107, Rules of Court. Under said article, a civil action to recover
actions, they are according to law, to proceed damages for physical injuries, distinct and separate from the
269
criminal action and of which it shall proceed independently, This is another exception to the rule that the criminal action
may be brought by the injured party; hence, the right to file shall be decided first and that the civil action should be
said complaint for damages need not even be reserved. suspended.
(Alvarez v. Manalaysay) Prejudicial questions must be decided before any criminal
prosecution may be instituted or may proceed (Article 36 new
C. If The Offended Party In The Criminal Case Is Represented By A Civil Code).
Private Prosecutor, He Cannot File An Independent Civil Action. Petition for the suspension of the criminal action based upon
If the offended party elected to claim the civil liability in the the pendency of a prejudicial question in a civil action, may be
criminal case by intervening therein through a private filed in the office of the prosecutor or the court conducting the
prosecutor and the court did not award any civil liability preliminary investigation. When the criminal action has been
because the offended party did not present evidence, he filed in court for trial, the petition to suspend shall be filed in
cannot thereafter file an independent civil action for said civil the same criminal action at any time before the prosecution
liability. The matter is already res judicata in the criminal case. rests.
(Roa v. De la Cruz) For the principle on prejudicial question to apply, it is essential
that there be two cases involved, invariably a civil case and a
D. When The Accused Pleaded Guilty During The Arraignment, So That criminal case. If the two cases are both civil or if they are both
The Offended Party Could Not Have Expressly Renounced His Right To criminal, the principle finds no application (Malvar v. Cruz).
File The Civil Action Or Reserved The Same, Can The Latter
Subsequently File A Civil Action For Indemnity For Physical And Moral A. Prejudicial Question Defined
Damages Caused By The Accused? A prejudicial question is one which arises in a case, the
The mere appearance of a private prosecutor in the criminal resolution of which is a logical antecedent of the issue involved
case does not necessarily constitute such intervention on the in said case, and the cognizance of which pertains to another
part of the aggrieved party as could only import an intention to tribunal (Jimenez v. Averia).
press claim for damages in said criminal case and a waiver of It is based on a fact distinct and separate from the crime but so
the right to file a separate civil action for damages, where the intimately connected with it that it determines the guilt or
accused had pleaded guilty upon arraignment and was innocence of the accused.
immediately sentenced, there being no chance for the
aggrieved party to present evidence in support of the claim for B. Elements Of Prejudicial Question
damages and to enter a reservation in the record to file a The two essential elements of a prejudicial question are:
separate civil action (Reyes v. Sempio-Diy). 1. The civil action involves an issue similar or intimately related to
the issue raised in the criminal action; and
XV. Prejudicial Question 2. The resolution of such issue determines whether or not the
criminal action may proceed. (Section 5, Rule 111, Rules of
Court)
270
Otherwise stated: document. Was it proper for the fiscal to proceed with the
1. The prejudicial question must be determinative of the case investigation of the criminal complaint for falsification?
before the court; Held: No. The Fiscal must wait until the case before the
2. Jurisdiction to try said question must be lodged in another Supreme Court is decided first, because if the Supreme Court
tribunal. (People v. Aragon) should decide that the document is genuine and has not been
substituted, such finding would be contrary to the stand taken
C. Venue Of The Actions. by the Fiscal (De Leon v. Mabanag)
Spanish jurisprudence, from which the principle of prejudicial 2. The pendency of a petition for judicial declaration of nullity of
question has been taken, requires that the essential element the first marriage is not a prejudicial question in an action for
determinative of the criminal action must be cognizable by bigamy. The subsequent judicial declaration of the nullity of the
another court. This requirement of a different court is first marriage is immaterial because prior to the declaration of
demanded in Spanish jurisprudence because Spanish courts are nullity, the crime had already been consummated (Mercado v.
divided according to their jurisdictions, some courts being Tan).
exclusively of civil jurisdiction, others of criminal jurisdiction. In 3. A case for annulment of marriage is a prejudicial question to a
the Philippines where our courts are vested with both civil and bigamy case if it is proved that the accused's consent to such
criminal jurisdiction, the principle of prejudicial question is to marriage was obtained by means of duress, violence and
be applied even if there is only one court before which the civil intimidation in order to establish that his act in the subsequent
action and the criminal action are to be litigated. But in this marriage was an involuntary one and as such the same cannot
case, the court, when exercising its jurisdiction over the civil be the basis for conviction (Donato v. Luna).
action for the annulment of marriage, for example, is 4. A civil case was filed for unpaid wages claimed by a number of
considered as a court distinct and different from itself when laborers. In that case, the obligation of defendants to pay
trying the criminal action for bigamy (Merced v. Diez). wages was in issue. There was then a criminal action pending
against one of the defendants in the civil case for protracted
D. Examples delay in the payment of wages as penalized by Com. Act. No.
Prejudicial Question: 303. The defendants asked for the suspension of the civil action
1. There was a pending appeal before the Supreme Court wherein until the criminal case be finally disposed of. Must the court
the principal question involved was the genuineness of a order the suspension of the trial of the civil action? No. The
certain document. After the presentation of the appellant's obligation to pay wages is a prejudicial question, for there can
brief, appellee presented a motion alleging that said document be no extended delay in the payment of such obligations unless
was false. The Supreme Court resolved that when the appeal the obligation be first proved (Aleria v. Mendoza).
was to be determined on the merits, the said motion would be Not A Prejudicial Question
decided. At that stage of the case, appellee filed with the City 1. If it is the second wife who filed the civil action against the
Fiscal a complaint for falsification based on the same accused charged with bigamy, alleging that the accused by
means of force and threats forced her to marry him, the
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accused cannot properly claim that the civil action is a

prejudicial question, because even if the allegation in the civil F. When To Plead Prejudicial Question.
case is true, the fact remains that the accused contracted the A petition for suspension of the criminal action based upon the
second marriage voluntarily. If the second wife were the one pendency of a prejudicial question in a civil action may be filed
accused of bigamy, she could perhaps raise force or in the office of the prosecutor or the court conducting the
intimidation as a defense in the charge of bigamy, because on preliminary investigation. When the criminal action has been
her part there was no consent to the marriage; but not the filed in court for trial, the petition to suspend shall be filed in
party, who used the force or intimidation. The latter may not the same criminal action at any time before the prosecution
use his own malfeasance to defeat the action based on his rests. (Sec. 6 Rule 111 Revised Rules of Criminal Procedure)
criminal act (People v. Aragon).
2. A and B were accused of violation for the Copyright Law. Later, XVI. Civil Liability Under Special Penal Laws
A and B brought an action for cancellation of the copyrights a If SPL, is there civil liabilities? Yes. There must be evidence that
prejudicial question which must be decided first? No. Until a party including the government sustained substantial injury
cancelled, the copyrights are presumed to have been duly so that the accused may be civilly liable.
granted and issued (Ocampo v. Tancinco). o Batas Pambansa Bilang 22
Compare Aleria v. Mendoza and Ocampo v. Tancinco o Anti-Fencing (Presidential Decree No. 1612) Sec 3(a)
In the case of Aleria v. Mendoza, the ruling is consistent with the includes accessory penalty of Revised Penal Code
presumption of innocence on the part of the accused. In the case of (hence, civil liability under Art 104 [restitution]).
Ocampo v. Tancinco, the ruling is based on the presumption of o VAWC (Republic Act No. 9262) accused liable to
regularity in the granting and issuance of the copyrights. battered woman.
Special Penal Law and Revised Penal Code is violated by the
E. When The Question Is Not Determinative Of The Guilt Or Innocence same act, can you have more than one civil liability? NO. This is
Of The Parties Charged With Estafa, It Is Not A Prejudicial Question. the case for violation of B.P. Blg. 22 and estafa.
The alleged prejudicial question is not determinative of the
guilt or innocence of the parties charged with estafa. Even if XVII. Civil Liability In Complex Crimes
the execution of the receipt in the civil case was vitiated by If crime is absorbed by another crime, can there be civil liability
fraud, duress or intimidation, the guilt of the accused could still in the absorbed crime? YES. For example, you murder someone
be established by other evidence by showing that they actually in furtherance of rebellion. You will still be civilly liable for the
received from the complainant the sum of P20,000.00 with murder, even if it lost its juridical existence. Liable for civil
which to buy a fishing boat and that instead of doing so, they indemnity and moral damages (People v. Hernandez).
misappropriated the money and refused to return it to him Also when homicide is absorbed by arson. Still liable for civil
upon demand. A claim to this effect is a matter of defense to be indemnity and moral damages for the homicide (People v
interposed by the party charged in the criminal proceeding. Malngan).
(Jimenez v. Averia)
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If a check bounces, accused can be liable for B.P. Blg. 22 and whenever damage has been caused with the consent of the
estafa. Will the accused pay the value of the check twice, or authorities or their agents, indemnification shall be made in the
just once? Although there are two crimes, there is only one manner prescribed by special or regulations.
check. Thus, there should only be one payment of the payment
(Rodriguez v. Ponferrada). Third. In cases cases falling within subdivisions 5 and 6 of Article 12,
If there is a complex crime (2 crimes), can there be more than 1 the persons using violence or causing fear shall be primarily liable and
civil liability? YES. Number of civil liabilities for as many victims secondarily, or, if there be no such persons, those doing the act shall
(e.g. a man kills two people with one bullet). be liable, saving always to the latter that part of their property
exempt from execution.
Article 101. Rules regarding civil liability in certain cases.
The exemption from criminal liability established in subdivisions 1, 2, POINTS
3, 4, 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 I. Justifying Circumstances
enforced subject to the following rules: General Rule: No civil liability.
First. In cases of subdivisions 1, 2, and 3 of article 12, the civil liability Exception: Paragraph 4, Article 11 (person who avoided a
for acts committed by an imbecile or insane person, and by a person greater injury); primary liability is on the one who benefited
under nine years of age, or by one over nine but under fifteen years of from such avoidance. If there were several benefited, they will
age, who has acted without discernment, shall devolve upon those all bear the liability proportionately.
having such person under their legal authority or control, unless it
appears that there was no fault or negligence on their pArticle II. Exempting Circumstances
Should there be no person having such insane, imbecile or minor General Rule: Exemption from criminal liability does not
under his authority, legal guardianship, or control or if such person be include exemption from civil liability.
insolvent, said insane, imbecile, or minor shall respond with their own Exceptions:
property, excepting property exempt from execution, in accordance a. No civil liability in paragraph 4 of Article 12, which
with the civil law. provides for injury caused by mere accident.
b. There is no civil liability in paragraph 7 of Article 12,
Second. In cases falling within subdivision 4 of article 11, the persons which provides for failure to perform an act required by
for whose benefit the harm has been prevented shall be civilly liable law when prevented by some lawful or insuperable
in proportion to the benefit which they may have received. cause.
The courts shall determine, in sound discretion, the proportionate
amount for which each one shall be liable. II. Who Are Civilly Liable For The Acts Of An Insane Or Minor, Exempt
When the respective shares cannot be equitably determined, even From Criminal Liability?
approximately, or when the liability also attaches to the Government, The civil liability for acts committed by an imbecile or insane or
or to the majority of the inhabitants of the town, and, in all events, minor exempt from criminal liability shall devolve upon the
273
persons having legal authority or control over them, if the latter

are at fault or negligent (primarily liable). Innkeepers are also subsidiarily liable for the restitution of goods
If there is no fault or negligence on their part, or even if at fault taken by robbery or theft within their houses from guests lodging
or negligent but insolvent, or should there be no person having therein, or for the payment of the value thereof, provided that such
such authority or control, the insane, imbecile, or such minor guests shall have notified in advance the innkeeper himself, or the
shall respond with their own property not exempt from person representing him, of the deposit of such goods within the inn;
execution. and shall furthermore have followed the directions which such
innkeeper or his representative may have given them with respect to
III. Persons Civilly Liable For Acts Committed By Youthful Offenders the care of and vigilance over such goods. No liability shall attach in
Article 201 of the Child and Youth Welfare Code provides that case of robbery with violence against or intimidation of persons
the civil liability for acts committed by a youthful offender shall unless committed by the innkeeper's employees.
devolve upon the offenders father and, in case of his death or
incapacity, upon the mother or in case of her death or POINTS
incapacity, upon the guardian.
The final discharge of a child in conflict with the law does not I. Elements Of Paragraph 1: (Subsidiary Civil Liability)
obliterate his civil liability. 1. That the innkeeper, tavern keeper or proprietor of
establishment or his employee committed a violation for
IV. Duty Of The Court In Trying An Insane municipal ordinance or some general or special police
Even though the courts exempt the insane from criminal regulation.
liability, they must fix the civil liability to be paid to the victim. 2. That a crime is committed in such inn, tavern or establishment.
3. That the person criminally liable is insolvent.
V. Who Are Civilly Liable For Acts Committed By Persons Acting Under Presence of all the elements will render the innkeeper, tavern
Irresistible Force Or Uncontrollable Fear? keeper or proprietor of the establishment subsidiarily liable.
The persons using violence or causing fear are primarily liable.
If there be no such persons, those doing the act shall be liable II. Elements Of Paragraph 2:
secondarily. 1. The guests notified in advance the innkeeper or the person
representing him of the deposit of their goods within the inn or
Article 102. Subsidiary civil liability of innkeepers, tavernkeepers house.
and proprietors of establishments. 2. The guests followed the directions of the innkeeper or his
In default of the persons criminally liable, innkeepers, tavernkeepers, representative with respect to the care of and vigilance over
and any other persons or corporations shall be civilly liable for crimes such goods.
committed in their establishments, in all cases where a violation of 3. Such goods of the guests lodging therein were taken by robbery
municipal ordinances or some general or special police regulation with force upon things or theft committed within the inn or
shall have been committed by them or their employees. house.
274
It is not necessary that the effects of the guest be actually owns a truck and uses it in the transportation of his own
delivered to innkeeper. It is enough that they were within the products is engaged in industry.
inn (De los Santos v. Tam Khey). o Hospital not engaged in industry; nurses not servants.
o Private persons without business or industry, not
III. No Liability subsidiarily liable.
General Rule: No liability shall attach in case of robbery with Subsidiary liability of employers, etc., for felonies committed
violence against or intimidation of persons. by their employees
Exception: When committed by the innkeepers employees. o Committed implies a conviction.
No defense of diligence of a good father of the family.
Article 103. Subsidiary civil liability of other persons.
The subsidiary liability established in the next preceding article shall III. SECOND ELEMENT: The Felony Must Be Committed By The Servant
also apply to employers, teachers, persons, and cor[porations Or Employee Of The Defendant In The Civil Case
engaged in any kind of industry for felonies committed by their Decision convicting an employee is binding upon the employer
servants, pupils, workmen, apprentices, or employees in the discharge with respect to the civil liability and its amount.
of their duties. o Provisions of Article 102 and 103 are deemed written
into the judgments to which they are applicable.
POINTS o No need for an express pronouncement.
While in the discharge of his duties The subsidiary liability
I. Elements does not arise from any and all offenses that the employee may
1. There is an employer-employee relationship. commit, but limited to those, which he shall be found guilty of
2. The employer, teacher, person or corporation is engaged in any in the discharge of his duties.
kind of industry.
3. Any of their servants, pupils, workmen, apprentices or A. Enforcement Of Civil Liability Is Upon Motion For Subsidiary Writ Of
employees commits a felony while in the discharge of their Execution
duties. The subsidiary liability may be enforced only upon motion for
4. The said employee is insolvent and has not satisfied his civil subsidiary writ of execution against the employer and upon
liability. proof that the employee is insolvent.
5. Conviction attained finality. No subsidiary liability of defendant-employer under Article 103
if his employee has not been previously criminally convicted.
II. FIRST ELEMENT: Employee Must Be Engaged In Industry The subsidiary liability of the employer is not determined in the
Industry any department or branch of art, occupation or criminal case against the employee.
business; especially, one which employs so much labor and o Reservation to bring action by the injured party against
capital and is a distinct branch of trade. Hence, a person who the employer is not necessary.
275
B. Employer Has The Right To Take Part In The Defense Of His The employer who is engaged in any kind of industry, for the
Employee. crime committed by his employee while in the discharge of his
It is his concern that his interested is protected by taking virtual duties.
participation in the defense of his employee. The failure of his Those having an imbecile or insane person or minor exempt
employee is also the employers failure. from criminal liability under their legal authority or control, if
The employer can challenge the sheriffs return which shows they are at fault or negligent, for acts committed by the
non-satisfaction. imbecile, insane or minor.
Persons who acted under the compulsion of irresistible force or
C. Certified Copy Of Decision Sufficient To Prove Offense Committed under the impulse of uncontrollable fear are civilly liable of the
By Servant Or Employee. person who used violence or who caused the fear is insolvent
Judgment of conviction of servant or employee in the absence or cannot be found.
of any collusion between the defendant and the offended party Is teacher liable for students acts? Only when engaged in
binds the persons subsidiary liable. The plaintiff can rely solely industry. (Compare with 2180 which talks of quasi-delicts)
on the judgment of the conviction. Visiting doctor left gauze in stomach of patient. Patient died.
Are hospitals liable for consulting/visiting doctors? (Ramos v.
IV. THIRD ELEMENT: Employer Is Subsidiarily Liable For The Full CA and Professional Services v. Agana)
Amount Against Employee o Yes, because of (1) control in hiring and firing of these
But this is without prejudice to the right of action against the consultants/doctors, (2) performance of duties within
employee for contribution. hospital premises, (3) consultants acts subject to
review by the hospital, and (4) hospital controlled staff
V. Persons Civilly Liable In The Absence Of Those Criminally Liable, of consultants.
The Civil Responsibility Being A Necessary Part Of The Criminal o Moreover, private corporation who owned the hospital
Liability was subsidiarily liable under corporate responsibility.
Innkeeper, tavernkeeper and any other person or corporation Philippine Rabbit Bus case:
who committed violation of municipal ordinance or some o Filing of criminal action necessarily includes subsidiary
general or special police regulation, and the person who liability of employer. He may not be a party but in
committed a crime in his establishment cannot be found or is effect, he is bound by the judgment. Employer may
insolvent. assist in the defense of his employee, but he may not
Innkeeper, for robbery with force upon things or theft of goods actually participate in the criminal case.
of guests lodging therein, provided the guests notified the o The judgment binds the employer.
innkeeper in advance of the deposit of their goods within the Except if theres collusion between the
inn, and provided further that such guests followed the offended and the erring employee.
directions of the innkeeper with respect to the care of and o Extent of liability of employer: only in terms of civil
vigilance over such goods. liability (he cant be jailed) and the amount of the civil
276
liability. His civil liability cant be separated from his

employees.
If the employee is acquitted based on reasonable doubt, is
there civil liability for the employer? YES. Only time when no
civil liability is when the court says that he did not actually
commit the acts on which the charge is based on.
Regardless as to who the actual owner of the car is, the
registered owner is the operator of the same with respect to
the public or third persons.
o Registered owner liable, but can recover from the
actual owner.
VIII. Other notes

Articles 103 is applicable to violations of the Revised Motor
Vehicle Law
Articles 102 and 103 of the Revised Penal Code not repealed
by Article 2177 of the New Civil Code (p.931).
277
CHAPTER 2: PERSONS CIVILLY LIABLE FOR FELONIES o While civil liabilities include restitution, pecuniary liabilities
do not include restitution, because the latter refer to
Article 104. What is included in civil liability. liabilities to be paid out of the property of the offender. In
The civil liability established in Articles 100, 101, 102, and 103 of this restitution, there is nothing to pay in terms of money, as
Code includes: the property unlawfully taken is returned, and;
1. Restitution; o Pecuniary liabilities include (a) fine, and (b) the costs of the
2. Reparation of damage caused; proceedings. Civil liabilities do not include them.
3. Indemnification for consequential damages.
Article 105. Restitution How made.
POINTS The restitution of the thing itself must be made whenever possible,
with allowance for any deterioration, or diminution of value as
I. Civil Liability In Criminal Cases determined by the court.
There are crimes where there is no civil liability. There are The thing itself shall be restored, even though it be found in the
crimes where only one or none at all of these civil obligations is possession of a third person who has acquired it by lawful means,
possible. saving to the latter his action against the proper person, who may be
Example: Theft or robbery when property is recovered, only liable to him.
reparation, if it was damaged, will be allowed.
o Restitution return of property This provision is not applicable in cases in which the thing has been
o Reparation pay the value of property stolen (if it acquired by the third person in the manner and under the
cant be recovered); payment of hospital bills of the requirements which, by law, bar an action for its recovery.
offended
o Indemnification for consequential damages loss of POINTS
salary or earning.
I. The Restitution Of The Thing Itself Must Be Made Whenever
II. When Property Taken Away Is Not Recovered, The Court Must Possible
Order The Accused To Restore It To Its Owner Or, As An Alternative, The convict cannot, by way of restitution, give to the offended
To Pay Its Just Value party a similar thing of the same amount, kind or species of
quality. The very thing taken must be returned.
III. Civil Liabilities Distinguished From Pecuniary Liabilities
Article 104, providing for three forms of civil liabilities, and II. With Allowance For Any Deterioration Or Diminution Of Value
Article 38, providing for the order of payment of pecuniary The Court will assess the amount of the deterioration and, in
liabilities, may be distinguished as follows: addition to the return of the property, the culprit will be
o Both include (a) the reparation of the damage caused, ordered to pay such amount representing the deterioration.
and (b) indemnification for consequential damages;
278
III. The Thing Itself Shall Be Restored, Even Though It Be Found In The recovered, the court should order its return to the owner. In
Possession Of A Third Person Who Has Acquired It By Lawful Means this case, the offense was proved but not the identity of the
General Rule: The owner of the property illegally taken by the offender (People v. Alejano).
offender can recover it from whomsoever is in possession Restitution is limited to crimes against property
thereof. o When a crime is not against property, no restitution or
Under the Civil Code, the person who has lost any personal reparation can be done.
property or has been unlawfully deprived thereof cannot
obtain its return without reimbursing the price paid therefore, VI. Salary Of Acquitted Accused May Not Be Ordered Paid In Criminal
only when the possessor thereof acquired it in (1) good faith Cases
and at a (2) public sale. It devolves upon the head of the department concerned, and is
Restitution cannot be ordered before final judgment. discretionary with him.
A. When The Third Person Acquired The Thing In The Manner And VII. The Court Has Authority To Order The Reinstatement Of The
Under The Requirements Which, By Law, Bar An Action For Its Accused Acquitted Of A Crime Punishable By The Penalty Of Perpetual
Recovery Or Temporary Disqualification
Restitution shall not be ordered by the court when the thing
has been acquired by the third person in the manner and under Article 106. Reparation How made.
the circumstances, which, by law, bar an action for its recovery. The court shall determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and its
IV. When The Liability To Return A Thing Arises From Contract, Not special sentimental value to the injured party, and reparation shall be
From A Criminal Act, The Court Cannot Order Its Return In The made accordingly
Criminal Case.
This is applied in cases where the liability arose from a civil POINTS
contract such as loans.
I. Reparation Will Be Ordered By The Court If Restitution Is Not
V. Restitution May Be Ordered, Even If Accused Is Acquitted, Provided Possible
The Offense Is Proved And It Is Shown That The Thing Belongs To When the stolen property cannot be returned because it was
Somebody Else. sold by the thief to an unknown person, he will be required by
As a rule, if the accused is acquitted, the court should not order the court, if found guilty, to pay the actual price of the thing +
the return of the property to its alleged owner. But if it is its sentimental value to its owner.
shown that the ring belonged to, and was in the possession of, If there is no evidence as to the value of the thing unrecovered,
somebody else, and that it was stolen from him, but the reparation cannot be made (People v. Dalena, CA).
identity of the thief was not established by the prosecution,
and the accused pawned it in the pawnshop from which it was II. Reparation Includes
279
Repair of material damage caused by the robbers in breaking In physical injuries, the injured party is entitled to be paid for
doors, wardrobes, in addition to the value of the thing taken, whatever he spent for the
may be assessed and included as part of the reparation to be o Treatment of his wounds
paid by the robbers. o Doctors fees, and for medicine
In a rape case, reparation includes the value of the womans o Salary or wages unearned by him because of his
torn garments. inability to work due to the injuries
Note: Indemnity for medical services still unpaid may be
III. Civil Damages Are Limited To Those Caused By And Flowing From recovered.
The Commission Of The Crime
Thus, the unpaid hire of the bicycle arose under the contract of II. Contributory Negligence On The Part Of The Offended Party
hire and did not result from the commission of the crime. The Reduces The Civil Liability Of The Offender
amount corresponding to the unpaid hire is recoverable in a
civil action (U.S. v. Dionisio). III. When Civil Indemnity May Be Increased On Appeal
It may be increased only if it will not require an aggravation of
IV. Payment By The Insurance Company Does Not Relieve The the decision in the criminal case on which it is based.
Offender Of His Obligation To Repair The Damage Caused
That payment by the insurance company was not made on IV. Damages Recoverable In Case Of Death
behalf of the accused, but was made pursuant to its contract 1. P75,000 in recent cases
with the owner of the car, but the insurance company is 2. Loss of the earning capacity of the deceased
substituted to the right of the offended party as regards the 3. Support in favor of a person to whom the deceased was obliged
damages (People v. Reyes). to give
4. Moral damages for mental anguish in favor of spouse,
Article 107. Indemnification What is included. descendants and ascendants of the deceased
Indemnification of consequential damages shall include (1) not only 5. Exemplary damages in certain cases
those caused the injured party, but also (2) those suffered by his
family or by a third person by reason of the crime. V. Damages In Crimes And Quasi-Delicts
Article 2202, Civil Code In crimes and quasi-delicts, the
POINTS defendant shall be liable for all damages, which are the natural
and probable consequences of the acts or omissions
I. Indemnity v. Reparation complained of.
Indemnity refers generally to crimes against persons. Article 2204, Civil Code damages may be respectively
Reparation refers to crimes against property. increased or lessened according to the aggravating or
mitigating circumstances.
A. Examples Of Indemnity
280
Article 2206, Civil Code The amount of damages for death D. Civil Indemnity For Rape With Homicide
caused by a crime or quasi delict shall be at least 50,000 pesos. Set at P100,000
In addition
o Defendant shall be liable for the loss of the earning E. Damages Recoverable For Rape With Homicide
capacity of the deceased and the indemnity shall be P100,000 as civil indemnity
paid to the heirs of the latter. P75,000 as moral damage
o If the deceased was obliged to give support according P25,000 as temperate damages
to the provisions of Article 291, the recepient may P100,000 as exemplary damages
demand support from the person causing the death.
o The spouse, legitimate and illegitimate descendants F. Civil Liability For Rape By Sexual Assault
and ascendants of the deceased may demand moral Civil indemnity is separate and distinct from the award of moral
damages. damages, which is automatically granted in rape cases.
Moral damages are additionally awarded without need of
VI. Effect Of Republic Act No. 9346 On Civil Indemnity Of Heinous further pleading or proof.
Crimes
It should be understood that the debarring of the death penalty G. The Amount Of Damages For Death Caused By A Crime Is Increased
by Republic Act No. 9346 did not correspondingly declassify From Time To Time By The Supreme Court
those crimes previously catalogued as heinous.
VII. Indemnity For Lost Earnings
A. Civil Indemnity For Murder And Homicide Computed as follows:
Civil indemnity of P75,000 and P50,000 are awarded
automatically without need of allegation and proof. Net earning capacity =
Life expectancy x (Gross annual income Living expenses)
B. Civil Indemnity For Crimes Qualified By Circumstances Where The
Death Penalty May Be Imposed Life expectancy is computed as:
Award of P75,000 civil indemnity is not dependent on actual
imposition on the death penalty but on the fact that qualifying 2/3 x (80 age of the deceased at the time of death)
circumstances warranting the imposition of the death penalty
attended the commission of the offense. A. Documentary Evidence Should Be Presented To Substantiate A
Claim For Loss Of Earning Capacity
C. Civil Indemnity For Rape Exception: Damages may be awarded despite the absence of
Qualified Rape shall not be less than P75,000 documentary evidence if there is testimony that the victim was
Simple Rape Shall not be less than P50,000 (1) self-employed earning less than the minimum wage or (2)
281
employed as a daily-wage worker earning less than the o A criminal offense resulting in physical injuries
minimum wage under current labor laws. o Seduction, abduction, rape or acts of lasciviousness
o Adultery or concubinage
B. Computation Of Award For Loss Of Earning Capacity Is Based On o Illegal or arbitrary detention or arrest
The Life Expectancy Of The Deceased o Illegal search
Not the life expectancy of the heirs or beneficiaries. o Libel, slander or any other form of defamation
o Malicious prosecution
C. Compensation For Loss Of Earning Capacity, Not Required That The Note: parents of the seduced, abducted, raped or abused may
Victim Is Gainfully Employed also recover moral damages.
Awarded not for loss of earnings but for loss of capacity to In crimes of rape, moral damages may additionally be awarded
earn. to the victim, without need for pleading or proof of the basis
thereof.
VIII. Temperate Damages Claim for moral damages does not determine court jurisdiction.
Article 2224 Civil Code Temperate or moderate damages may
be recovered when the court fins that some pecuniary loss was X. Exemplary damages
suffered but its amount cannot be proved with certainty. Are imposed, by way of example or correction for the public
o More than nominal but less than compensatory. good, in addition to the moral, temperate, liquidated or
Temperate damages may be awarded in the following cases: compensatory damages. (Article 2229, Civil Code)
o If income is not sufficiently proved. Also called corrective, punitive, or vindictive damages.
o If the court finds that some pecuniary loss has been
suffered but its amount cannot be proven with A. Exemplary Damages May Be Given When One Or More Aggravating
certainty. Circumstances Are Present
o In lieu of actual damages (where actual damanges Such damages are separate and distinct form fines and s shall
proved amount to be less than P25,000, temperate be paid to the offended party.
damages in the amount of P25,000 shall be awarded)
To rule otherwise would be anomalous and B. Exemplary Damages Cannot Be Recovered As A Matter Of Right
unfair because the victims heirs who tried but The court will decide whether or not they should be
succeeded in proving actual damages below adjudicated
P25,000 would be in a worse situation than While the amount of exemplary damages need not be proved,
those who might have presented no receipts at the plaintiff must show that he is entitled to moral, temperate
all but who would now be entitled to P25,000. or compensatory damages before the court may consider the
question of whether or not exemplary damages should be
IX. Moral damages awarded.
May be recovered in the following and analogous cases
282
Exemplary damages may be awarded where the Recovery of attorneys fees in the are recoverable in the
circumstances of the case show the highly reprehensible or concept of actual or compensatory damage.
outrageous conduct of the offender. This is because exemplary
damages are corrective in nature. This may be imposed even if XII. Interest May Be Added To The Damages Awarded
aggravating circumstances were not alleged, but proven during Interest at the rate of 6% may likewise be added
the course of trial.
o Set-off does not apply. As long as there is an
aggravating circumstance regardless of the number of XII. Civil Liability Not Part Of The Punishment
mitigating circumstances exemplary damages may be As the liability is not part of the punishment for the crime, the
imposed. action of the SC in affirming the judgment as tot eh guilt and
punishment of the accused and of reversing it as to the
C. Exemplary Damages Increased To P30,000 question of damages, with instructions to try the civil branch of
the case does not constitute double jeopardy.
D. Distinction Between Civil Indemnity And Moral Damages
Civil indemnity is itself equivalent to actual or compensatory Article 108. Obligation to make restoration, reparation for damages,
damages in civil law. or indemnification for consequential damages and actions to demand
The civil liability provided by the Revised Penal Code, that is the same; Upon whom it devolves.
restitution, reparation and indemnification, all corresponds to The obligation to make restoration or reparation for damages and
actual or compensatory damages in the Civil Code, since the indemnification for consequential damages devolves upon the heirs of
other damages provided therein are moral, nominal, temperate the person liable.
or moderate, liquidated and exemplary or corrective damages,
which have altogether different concepts and fundamentals. The action to demand restoration, reparation and indemnification
likewise descends to the heirs of the person injured.
E. Moral And Exemplary Damages Do Not Require Proof Of Pecuniary
Loss POINTS
The assessment of such damages is left to the court discretion.
I. The Heirs Of The Person Liable Has No Obligation If Restoration/
XI. Actual Damages Must Be Proved Indemnification Is Not Possible And The Deceased Left No Property
Except as provided by law or by stipulation, one is entitled to Illustration:
an adequate compensation for such pecuniary loss suffered by o If A stole a ring which he later sold to a stranger and
him as he has duly proved. after As conviction, A died but he left no property, As
Such compensation is referred to as actual or compensatory heirs cannot be made to repair the damages. But if he
damages. left property, the heirs may be required.
Indemnity cannot be assessed on speculation or guesswork.
283
II. Civil Liability Is Possible Only When The Offender Dies After Final and accessories of a felony; Preference in payment.
Judgment Notwithstanding the provisions of the next preceding article, the
If the offender before is death was condemned by final principals, accomplices, and accessories, each within their respective
judgment to pay civil liability, the offended party may make class, shall be liable severally (in solidum) among themselves for their
effective his claim by filing a copy of the judgment of conviction quotas, and subsidiaries for those of the other persons liable.
against the deceased with the court taking cognizance of the
testate or interstate proceedings. The subsidiary liability shall be enforced, first against the property of
If death of the offender took place before any judgment, the the principals; next, against that of the accomplices, and, lastly,
action for restitution must be dismissed. against that of the accessories.
III. Indemnity Not Possible In Acquittal Whenever the liability in solidum or the subsidiary liability has been
The case having been dismissed by the court, no judgment for enforced, the person by whom payment has been made shall have a
indemnity was proper in the criminal proceeding right of action against the others for the amount of their respective
shares.
IV. Right Of Heirs Of The Deceased
The heirs of the deceased have a right to enforce the civil POINTS
responsibility of the accused in their favor in a civil action
I. Civil And Subsidiary Liabilities Of Principals
Article 109. Share of each person civilly liable. When there are principals and accessories in the commission of
If there are 2 or more persons civilly liable for a felony, the courts the crime, the principals are solidarily liable of their quota and
shall determine the amount for which each must respond. subsidiarily liable for representing the quota of their
accessories.
POINTS
II. Civil And Subsidiary Liabilities Of Accomplices
I. Apportionment Of Civil Liability The accomplices are jointly and severally liable for the portion
Civil liability is apportioned according to the degree of the adjudged against them and are subsidiarily liable for the
offenders liability, respective responsibilities and actual portion of their principal in case of the latters insolvency.
participation.
The person with greater participation in the commission of the Article 111. Obligation to make restitution in certain cases.
crime should have a greater share in the civil liability than those Any person who has participated gratuitously in the proceeds of a
who played a minor role in the crime or those who had no felony shall be bound to make restitution in an amount equivalent to
participation in the crime but merely profited from its effects. the extent of such participation.
Article 110. Several and subsidiary liability of principals, accomplices POINTS
284
I. Not Criminally Liable

Person who participated gratuitously no criminal liability.
II. Must Not Be An Accessory

If the person knew that the property came from an illegal
source, he is an accessory and is his not only civilly liable but
also criminally liable.
III. Participated Gratuitously

Refers to an innocent person who has participated in the
proceeds of a felony through the liberality of the offender.
o He should no have paid for the stolen property which
he received from the offender. Otherwise Article 105 is
applicable.
If A without knowing it was stolen, received a ring from B, and
sold it for P500, then if B cannot pay for the original amount of
the ring, A is subsidiariliy liable but only for P500.
IV. The Fortune Of The Innocent Person Must Be Augmented By His

Participation
It is necessary that his fortune has been augmented by his
participation in the proceeds of the crime.
Merely participating in eating something stolen does not make
the participant obligated to make restitution.
285
CHAPTER 3: EXTINCTION AND SURVIVAL OF CIVIL LIABILITY III. Offender Is Civilly Liable Even If Stolen Property Is Lost By Reason
Of Force Majeure
Article 112. Extinction of civil liability. Where it appears that a person has been deprived of the
Civil liability established in Articles 100, 101, 012 and 103 of this Code possession of his property, the malefactor is responsible to the
shall be extinguished in the same manner as other obligations in owner either:
accordance with the provisions of Civil Law o For the return of the property
o For the payment of its value if it cannot be returned
POINTS
Article 113. Obligation to satisfy civil liability.
I. Civil Liability Is, Therefore, Extinguished: Except in case of extinction of his civil liability as provided in the next
1. By payment or performance preceding article, the offender shall continue to be obliged to satisfy
2. By the loss of the thing due the civil liability resulting from the crime committed by him,
3. By the condonation or remission of the debt notwithstanding the fact that he has served his sentence consisting of
4. By the confusion or merger of the rights of creditor and debtor deprivation of liberty or other rights, or has not been required to
5. By compensation serve the same by reason of amnesty, pardon, commutation of
6. By novation sentence or any other reason
7. Annulment, recission, fulfillment of a resolutory condition and
prescription (Article 1231, Civil Code). POINTS
8. Prescription (for filing cause of action Tejuco v. E.R. Squib &
Son Phil. Corp.) I. Civil Liability Is Not Extinguished Notwithstanding The Following:
9. Subsequent agreement between the accused and the offended Service of the sentence
party (People v. Tablante Vda. De Marte, C.A.). Amnesty
Pardon
II. Effect Of Condonation Of Civil Liability Commutation
Express condonation by the offended party has the effect of Application for probation
waiving civil liability with regard to the interest of the injured
party.
Civil liability may arise from:
o Crime (Revised Penal Code)
o Breach of contract/culpa contractual (Civil Code)
o Tortious act/culpa aquiliana (Civil Code)
286

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CRIMINAL

A new command I give you: Love one another.

V. Death Penalty Not Cruel And Unusual POINTS

An accused should not be harassed with various prosecutions

PLURALITY OF CRIMES COMPOSITE CRIMES

II. Composite v. Complex Crime concurrence or delictual acts is called a delito

3. Praeter intentionem (More serious consequence not intended) frustrated felony.

attempted felony, or to be imposed upon accomplices or VI. What Is A Period Of Penalty?

1. Maximum accomplice; or Arresto mayor Medium

U.S. v. Fuentes Held: Penalty next lower in degree to prision

VII. Mitigating And Aggravating Circumstances Are Disregarded In The

II. Examples: PARAGRAPH 2:

effects prescribed by law is increase penalty to maximum POINTS

maximum period. II. Outline Of The Rules:

1. Death penalties attached to death by reason of graduated

accessory purpose of the

Article 72. Preference in the payment of the civil liabilities.

II. Order Of Payment Of Civil Liabilities

To lower by one degree: o Facts: Bribe was P2,300.

II. When The Penalty Is Composed Of 3 Periods Corresponding To POINTS

Article 77. When the penalty is a complex one composed of three

Guardian response to any inquiry made to him/her for any

o Before it was after 40 days.

Alleged non-identity of the prisoner with the POINTS

TABLE FOR ARTICLES 84, 86-88

TITLE IV: EXTINCTION OF CRIMINAL LIABILITY

III. Amnesty May Be Granted After Conviction

Amendatory act of reducing prescriptive period of libel from 2

o Held: Yes. The period of prescription did not commence

I. Outline Of Provisions C. Period Of Prescription Of Continuing Crime Never Runs

POINTS Article 93. Computation of the prescription of penalties.

V. THIRD ELEMENT: Convict Has Not Given Himself Up Or Been

VII. Prescription of Crime v. Prescription of Penalty

with good conduct time allowance. Such authority is exclusively

accused cannot properly claim that the civil action is a

persons having legal authority or control over them, if the latter

liability. His civil liability cant be separated from his

VIII. Other notes

Article 110. Several and subsidiary liability of principals, accomplices POINTS

I. Not Criminally Liable

II. Must Not Be An Accessory

III. Participated Gratuitously

IV. The Fortune Of The Innocent Person Must Be Augmented By His

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