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1. Distinctions between correctional, afflictive and
divisible penalties
A fine whether imposed as a single or as an
alternative penalty shall be considered:
(a) An afflictive penalty, if it exceeds 1.2M pesos;
(b) A correctional penalty, if it does not exceed
1.2M pesos but is not less than 40,000 pesos;
Divisible penalties- divided into three periods.
(Minimun, medium and maximum), penalties are from
Reclusion Temporal down to arresto menor; not
applicable when the penalty is indivisible pr prescribed
by special law or a fine; those that have fixed duration.
2. Memorize article 26
Article 26. When afflictive, correctional, or light penalty.-
a fine, whether imposed as a single or as an alternative
penalty, shall be considered an afflictive penalty , if it
exceeds 1.2 million pesos; a correctional penalty, if it
does not exceed 1.2 million pesos but is not less than
40,000 pesos.
3. 3 fold purpose of penalty
Three-fold purpose of penalty under the RPC:
1. RETRIBUTION OR EXPIATION The penalty is
commensurate with the gravity of the offense. It
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permits society to exact proportionate revenge, and
the offender to atone for his wrongs.
2. CORRECTION OR REFORMATION As shown by
the rules which regulate the execution of the
penalties consisting in deprivation of liberty.
3. SOCIAL DEFENSE As shown by its inflexible
severity to recidivist and habitual delinquents.
4. Complex crimes and special complex crimes
In complex crimes, the offender has only one criminal
intent; one penalty must be imposed. The penalty to be
applied is the penalty for the most serious crime, the
same to be applied in its maximum period. There are
two kinds of complex crimes, first is the compound
crime, it when a single act constitutes two or more
grave or less grave felonies, second is the complex
crime proper, when an offense is a necessary means for
committing the other.
Special complex crime on the other hand are
component crimes constituting a single indivisible
offense, and are penalized under one article of the RPC.
Example: art. 294 provides for robbery with homicide as
a single offense.
5. Effects of civil interdiction
ARTICLE 34. Civil Interdiction. – Civil interdiction
shall deprive the offender during the time of his
sentence of the rights of parental authority, or
guardianship, either as to the person or property of
any ward, of marital authority, of the right to
manage his property, and of the right to dispose of
such property by any act or conveyance inter
vivos.
Civil Interdiction shall deprive the offender during
the time of his sentence of the rights of:
(1) Parental authority
(2) Guardianship, either as to the person or
property of the ward
(3) Marital authority
(4) The right to manage his property
(5) The right to dispose of such property by any
act or any conveyance inter vivos (inter vivos,
meaning between living persons)
6. The penalty of perpetual or temporal absolute
disqualification for public office
ARTICLE 30.Effects of the penalties of perpetual or
temporary absolute disqualification. – The penalties
of perpetual or temporary absolute disqualification
for public office shall produce the following effects:
1. The deprivation of the public offices and
employments which the offender may have held,
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even if conferred by popular election. 2. The
deprivation of the right to vote in any election for
any popular elective office or to be elected to such
office. 3. The disqualification for the offices or
public employments and for the exercise of any of
the rights mentioned. In case of temporary
disqualification, such disqualification as is comprised
in paragraphs 2 and 3 of this Article shall last
during the term of the sentence. 4. The loss of all
rights to retirement pay or other pension for any
office formerly held. Note: A plebiscite is not
contemplated in Article 30, paragraph 2, hence the
offender may vote in that exercise subject to
applicable election laws.
7. Art.49
Article 49.Penalty to be imposed upon the
principals when the crime committed is different
from that intended. — In cases in which the
felony committed is different from that which the
offender intended to commit, the following rules
shall be observed:
1. If the penalty prescribed for the felony
committed be higher than that corresponding to
the offense which the accused intended to commit,
the penalty corresponding to the latter shall be
imposed in its maximum period.
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2. If the penalty prescribed for the felony he lost control of his right arm, he killed Pedro.
committed be lower than that corresponding to the Art 49 not applicable.
one which the accused intended to commit, the
penalty for the former shall be imposed in its Lesser penalty to be imposed in its maximum period.
maximum period.
3. The rule established by the next preceding
paragraph shall not be applicable if the acts
committed by the guilty person shall also 8. Subsidiary imprisonment
constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the
penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum
period.
Art 49 has reference to the provision in the 1st
par of Art 4 which provides that criminal liability
shall be incurred ―by any person committing a
felony although the wrongful act done be different
from that which he intended‖ Art 49 applicable
only in cases when there is a mistake in identity
of the victim of the crime and the penalty for the
crime committed is different from that for the
crime intended to be committed. 9. Additional penalty to be imposed upon a principal
offender who shall be guilty of a grave felony
Art 49 also has no application where a more
serious consequence not intended by the offender
befalls the same person. Example: Juan only
wanted to inflict a wound upon Pedro but because
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10. Pardon by the offended party
Article 23.Effect of pardon by the offended party. –
A pardon by the offended party does not
extinguish criminal action except as provided in
Article 344 of this Code; but civil liabilities with
regard to the interest of the injured party is
extinguished by his express waiver.
NOTE: Article 344 of the Revised Penal Code
states: “Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and acts of
lasciviousness. – … (Adultery and Concubinage) The
offended party cannot institute criminal prosecution
without including both the guilty parties if they are
both alive, nor, in any case, if he shall have
consented or pardoned the offenders. The offenses
of seduction, abduction, rape,* or acts of
lasciviousness, shall not be prosecuted except upon
a complaint filed by the offended party or her
parents, grandparents, or guardian, nor, in any case,
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if the offender has been expressly pardoned by the
above-named persons, as the case may be…”
Exception: Express pardon by the offended party
will bar criminal prosecution in the following cases:
1. Concubinage
2. Adultery
3. Seduction
4. Abduction
5. Rape
* 6. Acts of Lasciviousness Note: Since Rape is now
a crime against persons, it should be considered
deleted from the list.
As regards to the private crimes of concubinage,
adultery, seduction, abduction, rape (now excluded)
and acts of lasciviousness, the rules are as follows:
1. The offended spouse (in adultery and
concubinage) must file the criminal complaint
against both the guilty parties, if they are both
alive. If pardon is extended, it must also be for
both of the guilty parties.
2. The pardon extended by the offended party in
private crimes enumerated in Article 344, RPC must
be made before the institution of the criminal
action.
The pardon in seduction, abduction and acts of
lasciviousness must be express (in writing). But in
adultery and concubinage, a pardon, whether
express or implied, will bar a criminal prosecution.
(People v. Sensano et al., 58 Phil. 73; People v.
Cornejo, 60 Phil 785)
However, pardon by the offended party to be
effective must be given before the institution of the
criminal action. (People v. Lim, 206 SCRA 176)
11. Article 62(ac,mc,hd)
Article 62. Effect of the attendance of mitigating or
aggravating circumstances and of habitual
delinquency. — Mitigating or aggravating
circumstances and habitual delinquency shall be
taken into account for the purpose of diminishing
or increasing the penalty in conformity with the
following rules:
1. Aggravating circumstances which in themselves
constitute a crime specially punishable by law or
which are included by the law in defining a crime
and prescribing the penalty therefor shall not be
taken into account for the purpose of increasing
the penalty.
1.(a) When in the commission of the crime,
advantage was taken by the offender of his public
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position, the penalty to be imposed shall be in its
maximum regardless of mitigating circumstances.
The maximum penalty shall be imposed if the
offense was committed by any person who belongs
to an organized / syndicated crime group.
An organized / syndicated crime group means a
group of two or more persons collaborating,
confederating, or mutually helping one another for
purposes of gain in the commission of any crime.
2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
such a degree that it must of necessity accompany
the commission thereof.
3. Aggravating or mitigating circumstances which
arise from the moral attributes of the offender, or
from his private relations with the offended party,
or from any other personal cause, shall only serve
to aggravate or mitigate the liability of the
principals, accomplices and accessories as to whom
such circumstances are attendant.
4. The circumstances which consist in the material
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate
the liability of those persons only who had
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knowledge of them at the time of the execution
of the act or their cooperation therein.
5. (a) Habitual delinquency shall have the following
effects. Upon a third conviction, the culprit shall be
sentenced to the penalty provided by law for the
last crime of which he be found guilty and to the
additional penalty of prision correccional in its
medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the last
crime of which he be found guilty and to the
additional penalty of prision mayor in its minimum
and medium periods; and
(c) Upon a fifth or additional conviction, the culprit
shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the
additional penalty of prision mayor in its maximum
period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the
total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case
exceed 30 years.
For the purpose of this article, a person shall be
deemed to be habitual delinquent, if within a
period of ten years from the date of his release or
last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes
a third time or oftener. (As amended by Section
23 of R.A. no. 7659)
12. Effects of pardon given by the president in the
exercise of his pardoning power
Art. 36. Pardon; its effect. — A pardon shall not
work the restoration of the right to hold public
office, or the right of suffrage, unless such rights
are expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from
the payment of the civil indemnity imposed upon
him by the sentence.
13. Indivisible penalty
Indivisible
(i) those which have no fixed duration
(ii) Death
(iii) Reclusion perpetua
(iv) Perpetual absolute or special
disqualification
(v) Public censure
Art. 63. Rules for the application of indivisible
penalties. In all cases in which the law prescribes a
single indivisible penalty, it shall be applied by the
courts regardless of any mitigating or aggravating
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circumstances that may have attended the comm
ission of the deed. In all cases in which the law
prescribes a penalty composed of two indivisible
penalties, the following rules shall be observed in
the application thereof:
1. When in the commission of the deed there is
present only one aggravating circumstance, the
greater penalty shall be applied.
2. When there are neither mitigating nor
aggravating circumstances in the commission of the
deed, the lesser penalty shall be applied.
3. When the commission of the act is attended by
some mitigating circumstances and there is no
aggravating circumstance, the lesser penalty shall be
applied.
4. When both mitigating and aggravating
circumstances attended the commission of the act,
the court shall reasonably allow them to offset one
another in consider ation of their number and
importance, for the purpose of applying the penalty
in accordance with the preceding rules, according to
the result of such compensation.
Rules for the application of indivisible penalties:
1) Penalty is single and indivisible
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2) Penalty is composed of 2 indivisible penalties
a) One aggravating circumstance present: HIGHER
penalty
b) No mitigating circumstances present: LESSER
penalty
c) Some mitigating circumstances present and no
aggravating: LESSER penalty
d) Mitigating and aggravating circumstances offset
each other
a. Basis of penalty: number and importance.
3. One aggravating: (but regardless of the number
of aggravating circumstances, the courts cannot
exceed the penalty provided by law in its maximum
period): MAXIMUM PERIOD
4. Mitigating and aggravating circumstances present:
to offset each other according to relative weight
5. Two or more mitigating and no aggravating: one
degree lower (has the effect of a privileged
mitigating circumstance)
NOTE: Art. 64 does not apply to:
1) indivisible penalties
2) penalties prescribed by special laws
3) fines
4) crimes committed by negligence
Take the maximum of the minimum period, add 1
day and make it the minimum of medium period;
then add The penalty shall be applied regardless of
the presence of mitigating or Aggravating
circumstances
Ex. reclusion perpetua or death
15. Penalties that can be either principal or accessory
Penalties that are either principal or accessory:
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension These may be principal or accessory
penalties, because they are formed in the 2 general
classes. (Asked 3 times in the Bar Exams)
16. Additional penalty to public officers who are
guilty of a grave felony
Absolute perpetual disqualification, if principal offender
is guilty of a grave felony
17. Payment of fine in relation to article 247
Main consideration: wealth and means of the culprit
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18. Imposition of proper principal penalty in case of
mitigating or aggravating circumstances
When there are mitigating circumstances- diminish the
penalty
When there are aggravating circumstances: increase the
penalty, without exceeding the maximum provided by
law.
Rules for application of penalties which contain 3
periods:
1. No ac.mc- medium period
2. 1 mc- min period
3. 1 ac- max period
4. When there are ac and mc the court shall
reasonably offset those one class against the
other according to their relative weight
5. 2 or more mc, NO ac, penalty next lower to that
prescribed by law shall be imposed.
19. Distinctions between prescription of crime and
prescription of penalty
Pc- forfeiture or loss of the state to prosecute the
offender after the lapse of a certain time; penalty
prescribed by law should be considered. PO- loss or
forfeiture of the Government to execute the final
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sentence after the lapse of certain time; penalty
imposed should be considered.
20. The rules in parole and probation
 Probation- It is a disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by the
court and to the supervision of a probation
officer.
There is a prohibition for the grant for probation
when the defendant has perfected an appeal from the
judgment of conviction (vice versa)
 Criteria for placing an offender on probation:
1. Court must consider all information relative to
the:
a. Character
b. Antecedent
c. Environment
d. Mental
e. Physical condition of the offender
2. Available institutional and community resources
 Offenders disqualified from being placed on
a probation:
1. Those sentenced to serve a maximum term
of imprisonment of more than 6 years
2. Those convicted of subversion or any crime
against national security/public order
3. Those who were previously convicted by final
judgment of an offense punished by
imprisonment of not less than one month
and one day or a fine of not more than
40,000 pesos.
4. Those who have been once on probation
5. Those who are already serving sentence at
the time the substantive provisions of the
decree became applicable pursuant to Sec.
22 thereof.
Upon failure of the probationer to comply with
any of the conditions prescribed in the order, or upon
his commssion of another offense, he shall serve the
penalty imposed for the offense under which he was
placed on probation.
 Parole- Suspension of the sentence of a convict
after serving the minimum term of the
indeterminate penalty.
 Partial extinction of criminal liability
 It is given after the prisoner has served
the minimum penalty, is granted by the
Board of Pardons and Parole under the
provisions of the ISL.
 For violation of the terms of parole, the
convict can be rearrested and
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reincarcerated to serve the unserved
portion of his original penalty.
21. Destierro as a penalty and specific instances for
its imposition as a penalty
 The duration of destierro is from 6 months and 1
day to 6 years, which is the same as that of prision
correccional and suspension. Destierro is a principal
penalty, it is a punishment whereby a convict is
banished from a certain place and is prohibited
from entering or coming near that place designated
in the sentence for not less than 25kms. However,
the court cannot extend beyond 250kms. If the
convict should enter the prohibited places, he
commits the crime of evasion of service of sentence
under Article 157. But if the comvict himself would
go further from which he is banished by the court,
there is no evasion of service of sentence because
the 250km limit is upon the authority of the court in
banishing the convict.
 Destierro is the penalty imposed in the following
situations:
1. In death or physical injuries inflicted under
exceptional circumstances (art.247), when a
legally married person who had surprised his or
her spouse in the act of sexual intercourse with
another and while in that act or immediately
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thereafter should kill or inflict serious physical
injuries upom the other spouse and or the
paramour or mistress.
2. In the crimes of grave threats or light threats,
when the offender is required to put up a bond
for good behavior but failed or refused to do so
(art. 248), such convict shall be sentenced with
destierro so that he would not be able to carry
out his threat.
3. As a penalty for the concubine in the crime of
concubinage.
4. Where the penalty prescribed by law is reduced
by one or more degrees, the penalty becomes
destierro.
22. If the offender shall be in prison, the
computation of the term of duration of the temporary
penalties.
 If the offender shall be in prison, the term of the
duration of the temporarhy penalties shall be
computed from the day on which the judgment of
conviction shall have become final.
23. Rule in case of subsidiary imprisonment
 Article 39 of the Revised Penal Code states that if
the convict has no property to which to meet the
fine mentioned in Paragraph 2 of the next
preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day of each eight
pesos,subject to the following rules:
1. If the penalty imposed is prison correccional or
arresto and fine- subsidiary imprisonment shall
not exceed 1/3 of the term of the sentenve, and
in no case to continue for more than one year,
and no fraction or part of a day shall be counted
against prisoner.
2. When the penalty imposed is fine only- the
subsidiary imprisonment shall not exceed six
months, if the offense is grave or less grave
felony, and not to exceed 15 days, if light felony.
3. When the penalty imposed is higher than prision
correccional, no subsidiary imprisonment.
4. If the penalty imposed is not to be confinement,
but of fixed duration- the nature of the
subsidiary penalty is the same as that of the
principal penalty under the same rules in
number 1, 2, 3 above.
5. In case the financial circumstances of the convice
should improve, he shall pay the fine ( art. 39
RPC, as amended by RA 5465, April 21, 1969)
24. The juvenile justice and welfare act of 2006
particularly on the program that the child in conflict
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with the law is required to undergo after he/she is
found responsible for an offense.
 RA 9344, Juvenile Justice and Welfare Act of
2006:
Under RA 9344 minority is an exempting
circumstance. It provides:
1. A child 15 years of age or under at the time
of commission of offense shall be exempt
from criminal liability.
2. A child above 15 years but below 18 years
of age shall likewise be exempted from criminal
liability and be subjected to intervention program
pursuant to Section 20, unless he/she has acted
with discernment. IF the accused acted with
discernment, he shall undergo diversion program
without undergoing proceeding. (Section 23).
25. Study the specific features of articles 62,69,79 of
the rpc.
 Article 62. Effect of the attendance of mitigating
or aggravating circumstances and of habitual
delinquency. — Mitigating or aggravating
circumstances and habitual delinquency shall be
taken into account for the purpose of
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diminishing or increasing the penalty in
conformity with the following rules:
1. Aggravating circumstances which in themselves
constitute a crime specially punishable by law or
which are included by the law in defining a crime
and prescribing the penalty therefor shall not be
taken into account for the purpose of increasing
the penalty.
1.(a) When in the commission of the crime,
advantage was taken by the offender of his public
position, the penalty to be imposed shall be in its
maximum regardless of mitigating circumstances.
The maximum penalty shall be imposed if the
offense was committed by any person who belongs
to an organized / syndicated crime group. An
organized / syndicated crime group means a group
of two or more persons collaborating,
confederating, or mutually helping one another for
purposes of gain in the commission of any crime.
2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
such a degree that it must of necessity accompany
the commission thereof.
3. Aggravating or mitigating circumstances which
arise from the moral attributes of the offender, or
from his private relations with the offended party,
or from any other personal cause, shall only serve
to aggravate or mitigate the liability of the
principals, accomplices and accessories as to whom
such circumstances are attendant.
4. The circumstances which consist in the material
execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate
the liability of those persons only who had
knowledge of them at the time of the execution
of the act or their cooperation therein.
5. (a) Habitual delinquency shall have the following
effects. Upon a third conviction, the culprit shall be
sentenced to the penalty provided by law for the
last crime of which he be found guilty and to the
additional penalty of prision correccional in its
medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the last
crime of which he be found guilty and to the
additional penalty of prision mayor in its minimum
and medium periods; and
(c) Upon a fifth or additional conviction, the culprit
shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the
additional penalty of prision mayor in its maximum
period to reclusion temporal in its minimum period.
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Notwithstanding the provisions of this article, the
total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case
exceed 30 years.
For the purpose of this article, a person shall be
deemed to be habitual delinquent, if within a
period of ten years from the date of his release or
last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes
a third time or oftener. (As amended by Section
23 of R.A. no. 7659)
 Article 69. Penalty to be imposed when the
crime committed is not wholly excusable. — A
penalty lower by one or two degrees than
thatprescribed by law shall be imposed if the
deed is not wholly excusable by reason of the
lack of some of the conditions required to
justify the same or to exempt from criminal
liability in the several cases mentioned in Article
11 and 12, provided that the majority of such
conditions be present. The courts shall impose
the penalty in the period which may be deemed
proper, in view of the number and nature of
the conditions of exemption present or lacking.
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Example: Lacanilao v. CA, 162 SCRA 563 (1988) Facts:
Bernardo Lacanilao, a police officer, was found
guilty for the crime of homicide because of the
death of Ceferino Erese. He is performing his duty
as a policeman but shooting Erece was not
necessary. The CA sentenced him to indeterminate
penalty of six (6) years and one (1) day of prision
mayor, as the minimum, to twelve (12) years and
one (1) day of reclusion temporal, as the maximum.
Ruling: The present case would have fallen under
No. 5 of Article 11 if the two conditions therefore,
viz: (1) that the accused acted in the performance
of duty or lawful exercise of a right of office and
(2) that the injury or offense committed be
necessary consequence of the due performance of
such duty or the lawful exercise of such right or
office, concurred. But here only the first condition
is fulfilled, the second is wanting. Consequently,
Article 69 is applicable, for the requirement ―that
the majority of such conditions be present‘ is
immaterial since there are only two conditions in
order that the circumstance in No. 5 of Article 11
may be taken into account. Article 69 is, obviously,
in favor of the accused as it provides for a penalty
lower than that prescribed by law when the crime
committed is not wholly justifiable, the intention of
the legislature being to mitigate the penalty by
reason of the diminution of either freedom of
action, intelligence, or intent, or of the lesser
perversity of the offender. The petitioner is hereby
SENTENCED to an indeterminate penalty of from
two (2) years, four (4) months, and one (1) day
of prision correccional, to eight (8) years and one
(1) day of prision mayor.
 Art. 79. (Suspension of the execution and
service of the penalties in case of insanity).—
When a convict shall become insane or an
imbecile after final sentence has been
pronounced, the execution of said sentence shall
be suspended only with regard to the personal
penalty, the provisions of the second paragraph
of circumstance number 1 of Article 12 being
observed in the corresponding cases. If at any
time the convict shall recover his reason, his
sentence shall be executed, unless the penalty
shall have prescribed in accordance with the
provisions of this Code. The respective provisions
of this section shall also be observed if the
insanity or Imbecility occurs while the convict is
serving his sentence.
What are the effects of insanity?
1. During the commission of the offense- offender
is exempt from cirminal liability
2. Becomes insane during trial- insanity shall
suspend the proceedings
3. After the final snetence has been pronounced-
the execution of the sentence shall be
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suspended only with regard to his personal
linaility. The execution of his pecuniary liabilities
shall not be suspended.
26. The instances when minors are disqualified from
availing the benefits of a suspended sentence when
they are convicted of an offense.
 The exception to the suspension of sentence in case
of youthful offenders are:
1. If the offender has previously enjoyed a
suspension of sentence.
2. If the offender is convicted of an offense
punishable by death or life imprisonment.
3. If the offender is convicted by a military tribunal.
27. Rule on the interruption of prescription of
offenses.
1. Prescription commences to run from the day
following the commission if the offense or
discovery of the crime by the offended aprty, the
authorities or their agents.
2. The period is interrupted by the filing of the
complaint or information.
If an information is filed within the prescriptive
period and it is amended by including a new and
different act and not mere correction, the date o
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the amendment is to be considered; otherwise,
the date of the original information.
3. The period commences to run again when such
proceeding terminate:
A. Without the accused being convicted or
acquitted
B. Are unjustifiabley stopped for any reason not
imputable to the offender
In a continuing crime, the period of prescription is
equivalent to the space created between the date of
the commission and consummation and the date of the
prosecution. The prescription commences to run after
termination of the continuity of the offense.
4. Prescription shall not run when the offender is
outside the philippines, except when there is an
extradition treaty.
28. The period of bond to keep the peace
 Article 35 of the RPC states that the court shall
determine, according to its discretion, the period of
duration of the bond.
29. Disqualifications of HD AND RECIDIVISTS?
30. The rule and penalty for impossible crime
 Article 59.Penalty to be imposed in case of
failure to commit the crime because the means
employed or the aims sought are impossible. —
When the person intending to commit an
offense has already performed the acts for the
execution of the same but nevertheless the
crime was not produced by reason of the fact
that the act intended was by its nature one of
impossible accomplishment or because the
means employed by such person are essentially
inadequate to produce the result desired by
him, the court, having in mind the social danger
and the degree of criminality shown by the
offender, shall impose upon him the penalty of
arresto mayor or a fine from 200 to 500 pesos.
 Basis for the imposition of proper penalty in
impossible crimes: social danger and degree of
criminality shown by the offender. Example: Juan
fired a revolver at Pedro at the distance of 2
kilometers. This shows stupidity rather than
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danger. Juan should not be punished as there is
neither social danger nor degree of criminality.
But if Juan was a convicted felon, act may be
punished.
 Article limited to those cases of grave and less
grave felonies.
31. Application and disqualifications of the ISL?l
 When does ISLAW apply?
Applies both violations of the RPC and
special laws where imprisonment would
exceed 1 year, application is MANDATORY
and only to divisible penalties
 APPLICATION OF INDETERMINATE SENTENCE
LAW EXPLAINED
In the case of People vs. Gabres, the Court has
had occasion to so state that — ―Under the
Indeterminate Sentence Law, the maximum term of
the penalty shall be ‗that which, in view of the
attending circumstances, could be properly
imposed‘ under the Revised Penal Code, and the
minimum shall be within the range of the penalty
next lower to that prescribed‘ for the offense. The
penalty next lower should be based on the penalty
prescribed by the Code for the offense, without
first considering any modifying circumstance
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attendant to the commission of the crime . The
determination of the minimum penalty is left by
law to the sound discretion of the court and it
can be anywhere within the range of the penalty
next lower without any reference to the periods
into which it might be subdivided. The modifying
circumstances are considered only in the imposition
of the maximum term of the indeterminate
sentence.―The fact that the amounts involved in
the instant case exceed P22,000.00 should not be
considered in the initial determination of the
indeterminate penalty; instead, the matter should be
so taken as analogous to modifying circumstances
in the imposition of the maximum term of the full
indeterminate sentence . This interpretation of the
law accords with the rule that penal laws should be
construed in favor of the accused. Since the
penalty prescribed by law for the estafa charge
against accused-appellant is prision
correccionalmaximum to prision mayor minimum,
the penalty next lower would then be prision
correccional minimum to medium. Thus, the
minimum term of the indeterminate sentence should
be anywhere within six (6) months and one (1) day
to four (4) years and two (2) months . . .‖ (People
v. Saley; GR 121179, July 2, ‘98)
 Steps in applying ISLAW
1. Determine the crime committed, whether
in the attempted, frustrated, or consummated
stage and the penalty imposable
2. What affects the penalty imposable?
Determine the existence of aggravating and
mitigating circumstances. Consider 1st the
existence of privilege mitigating.
3. Lower by one degree from the penalty
imposable or from the proper degree to get
the minimum. Judges has the discretion to
fix the minimum in any period of the
minimum penalty.
4. From the minimum, go up 1 degree to
get the maximum and apply art 64 to get
the maximum period.
 ISLAW is not applicable when:
1. Offense is punishable with death, RP, or life
imprisonment. (RP included by SC. RP is deemed
included in the term life imprisonment) Exception:
if there are privileged mitigating circumstances.
2. Convicted of treason, conspiracy or proposal to
commit treason.
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3. Convicted of misprision of treason, rebellion,
sedition, espionage
4. Convicted of piracy
5. Habitual delinquents Recidivist are entitled to
ISLAW Offender not disqualified even if the crime
is committed while on parole.
6. Person who have escaped from confinement or
evaded sentence
7. Those who violated the terms of the conditional
pardon.
8. Those whose maximum term of imprisonment
does not exceed 1 year Penalties not more than
1 year should be straight penalties
9. Those sentenced to the penalty of destierro or
suspension only
10. Those who are already serving final judgment
upon the approval of the ISLAW
32. Application of actual damages, moral damages,
exemplary damages and temperate damages
 Actual damages- it s necessary for a party seeking
the award of actual damages to produce competent
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proof or the best evidence obtainable to justify such
award.
 Moral damages- it may be recovered in the follwing
and analogous cases:
1. A criminal offense resulting in physical injuries
2. Seduction, abduction, rape or other lascivious
acts
3. Adultery or concubinage
4. Illegal or arbitrary detentions or arrest
5. Illegal search
6. Libel, slander or any other form of defamation
7. Malicious prosecution
In crimes of rape, moral damages may additionally
be awarded to the victim without need for pleading or
proof of the basis thereof
 Exemplary damages- 30,000, it may be given
when one or more aggravating circumstances
are present.
 Temperate damages- 25,000, must be awarded
considering that it was established tht the
victim’s family incurred expenses for his
hospitalization and burial.
Under art. 2224, TD may be recovered when the
court finds that some pecuniary loss was suffered but
its amount can’t be proved with certainty.
It may be awarded if income of victim is not
sufficiently proven
Moral and exemplary damages do not require proof
of pecuniary loss.
33. Rule in order of payment of pecuniary liabilities,
where the property of the offender is not sufficient
for the payment of all his liabilities
 Art. 38.Pecuniary liabilities; Order of payment. —
In case the property of the offender should not
be sufficient for the payment of all his
pecuniary liabilities, the same shall be met in
the following order: 1. The reparation of the
damage caused. 2. Indemnification of
consequential damages. 3. The fine. 4. The cost
of the proceedings.
34. Where the offender may serve the penalty of
arresto menor
 Art. 88. Arresto menor. — The penalty of
arresto menor shall be served in the municipal
jail, or in the house of the defendant himself
under the surveillance of an officer of the law,
when the court so provides in its decision,
taking into consideration the health of the
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offender and other reasons which may seems
satisfactory to it.
35. Study the period of detention to be undergone
by an accused when the offense with which he is
charged is nonbailable or even if bailable, he cannot
post a bond for his provisional liberty.
 Article 29.Period of preventive imprisonment
deducted form term of imprisonment. –
Offenders or accused who have undergone
preventive imprisonment shall be credited in the
service of their sentence consisting of
deprivation of liberty, with the full time during
which they have undergone preventive
imprisonment, if the detention prisoner agree
voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted
prisoners, except in the following case: 1. When
they are recidivists, or have been convicted
previously twice or more times of any crime;
and 2. When upon being summoned for the
execution of their sentence they have failed to
surrender voluntarily. If the detention prisoner
does not agree to abide by the same
disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of
his sentence with four-fifths of the time during
which he has undergone preventive
imprisonment. Whenever an accused has
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undergone preventive imprisonment for a period
equal to or more than the possible maximum
imprisonment of the offense charged to which
he may be sentenced and his case is not yet
terminated, he shall be released immediately
without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the
same is under review. In case the maximum
penalty to which the accused may be sentenced
is destierro, he shall be released after thirty (30)
days of preventive imprisonment. (As amended
by R.A. No. 6127, and further amended by E.O.
No. 214, July 10, 1987.)
36. Study the rule where unlawful aggression and
any of the two remaining elements are present
 For incomplete self-defense together with any of
the two remaining elements, the rule is to lower the
penalty by two degrees.
37. Study the rule when a minor whose sentence is
suspended because of ra.9344 and is referred to an
intervention program, but during the process he
becomes incorrigible in the reformatory institution.
 Article 68. Penalty to be imposed upon a
person under eighteen years of age. — When
the offender is a minor under eighteen years
and his case is one coming under the provisions
of the paragraphs next to the last of Article 80
of this Code, the following rules shall be
observed:
1. Upon a person under fifteen but over nine years
of age, who is not exempted from liability by
reason of the court having declared that he acted
with discernment, a discretionary penalty shall be
imposed, but always lower by two degrees at least
than that prescribed by law for the crime which he
committed.
2. Upon a person over fifteen and under eighteen
years of age the penalty next lower than that
prescribed by law shall be imposed, but always in
the proper period.
Notes: Art. 68 applies to such minor if his
application for suspension of sentence is
disapproved or if while in the reformatory
institution he becomes incorrigible in which case he
shall be returned to the court for the imposition
of the proper penalty.
Art. 68 provides for 2 privileged mitigating
circumstances
under 15 but over 9 and has acted w/ discerment: 2
degrees lower
under 18 but over 15: 1 degree lower
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If the act is attended by two or more mitigating
circumstance and no aggravating circumstance, the
penalty being divisible a minor over 15 but under
18 may still get a penalty two degrees lower.
38. MEMORIZE RANGE OF PENALTIES, RP, RT, to AM,
indicating their min/med/max periods.
39. Can there be a complex crime of coup d’etat with
rebellion?
Yes, if there was conspiracy between the offender/s
committing the coup d’etat and the offenders
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committing the rebellion. By conspiracy, the crime of
one would be the crime of the othr nd vice versa. This is
possible because the offender in coup d’etat may be
any person or persons belonging to the military or the
national police or a public officer, whereas rebellion
does not so require. Moreover, the crime of coup d’etat
may be committed singly, whereas rebellion requires a
public uprising and taking up arms to overthrow the
duly constituted government. Since the two crimes are
essentially different and punished with distinct
penalties,there is no legal impediment to the
application of Art.48 of the RPC.
40. Can a penal action be extinguished after the
institution of criminal action?
41. Examine the case of : SANTIAGO V GARCHITORENA,
DECLARADOR V GUBATON, (PEOPLE V. MAKILANG,
PEOPLE V. LUNA-rulings), PEOPLE V IVLER, all cases on
probation, including bar questions.
42. Rule in reckless imprudence, complex crime or not?
FOCUS ON IVLER CASE
Reckless imprudence is not a complex crime, it is a
single crome, its consequences on persons and
property are material only to determine the penalty.
The charge for slight physical injuries through reckless
imprudence could not be joined with the accusation for
serious physical injuries through reckless imprudence,
because Art.48 of the RPC allows only the complexing
of grave or less grave felonies. (People v. IVLER)
43. Can rebellion now be complexed with other
common crimes
Rebellion cannot be complexed with other crimes,
such as murder and arson. Rebellion itself would
include and absorb the said crimes; The charged of
complex rebellion with murder and multiple
frustrated murders is to be read as simple
rebellion. Murders, arson and robbery are mere
ingredient of the crime of rebellion (people v.
Hernandez; Enrile v Salazar).
44. Rule in the use of firearms and automatic firearms
Single larceny cannot be applied in cases where
firearms or automatic firearms were utilized for
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commision of a crime. In accordance with the Tabaco
and Sanchez doctrine where it is rules that, It is not the
act of pressing the trigger which should produce the
several felonies but the number of bullets which
actually produced them. Hence, when the pressing of
the trigger of a submachine gun and the gun fired
continually and killed or injured several persons, there
are as may crimes as are persons killed or injured. In
view of the specal mechanism of automatic or
submachine guns which can caus several deaths,
although carried by a single act of pressing trigger, are
considered as separate, several acts.
45. Rule on reclusion perpetua on whether it is divisible
or indivisble.
In ―People -vs- Conrado Lucas, 240 SCRA 66, the
Supreme Court declared that despite the
amendment of Article 27 of the Revised Penal
Code, reclusion perpetua remained an indivisible
penalty. Hence, the penalty does not have any
minimum, medium and maximum period. Hence,
there is no such penalty of medium period of
reclusion perpetua. (People versus Tiburcio Baculi,
246 SCRA)
46. Distinction of reclusion perpetua from life
imprisonment
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Reclusion perpetua is that penalty provided for in the
RPC for crimes defined in and penalized therein except
for some crimes defined by specal laws which impose
reclusion perpetua, such as violations of RA 6425, as
amended by RA 7659 or of PD 1860; while life
imprisonment is a penalty usually provided for in
special laws. Reclusion Perpetua has a duration of 20
yrs and 1 day to 40 years under RA 7659, while LI has
no duration. RP may be reduced by one or two degress;
reclusion perpetuates accessory penalties while LI does
not have any accessory penalties (people v. Baguio)
47. May a judge impose an alternative penalty of fine or
imprisonment?
A judge cannot impose impose an alternative penalty of
fine or imprisonment. Penalties cannot be imposed in
the alternative. In a case decided by the SC, it was
forwarded that the law does not permit any court to
impose a sentence in the alternative, its duty being to
indicate the penalty imposed definitely and positively.
48. The rule and exceptions for the civil liability of the
accused in case of acquittal of the accused ina criminal
case?
RPC Article 100.Civil liability of a person guilty of
felony. - Every person criminally liable for a felony
is also civilly liable.
No. Section 2, par. (b), of Rule 111 of the Rules of
Court, as amended, specifically provides: "Extinction
of the penal action does not carry with it
extinction of the civil, unless the extinction proceeds
from a declaration in a final judgment that the fact
from which the civil might arise did not exist. The
judgment of acquittal extinguishes the liability of
the accused for damages only when it includes a
declaration that the fact from which the civil
liability might arise did not exist.
Exception to the rule that acquittal from a criminal case
extinguishes cilvil liability are:
1. When the civil action is based on obligatins not
arising from the act complained of as a felony;
2. When acwuittal is based on reasonable doubt or
acquital is on the ground that guilt has not been
proven beyond reasonable doubt. (Art. 29, ncc)
3. Acquittal due to an exempting circumstance, like
insanity
4. Where the court states in its judgment that the
case merely involves a civil obligation
5. Where there was a proper reservation for the
filing of a separate civil action
6. In cases of independent civil actions provided for
in Arts. 31,32,33 and 34 of the ncc.
7. When the judgment of acquittal includes a
declaration that the fact from which the civil
liability might arise did not exist (sapiera v ca)
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8. Where the civil liability is not derived or based
on the criminal act of which the accused is
acquitted.
49. The rule on award of damages. Application of the
rules on indemnity. PEOPLE V. MONTEMAYOR
Five occasions of rape in the same date would
constitute one moral damage.
Different occasions of rape that occurred in different
dates would constitute different moral damages. One
moral damage for a specific occasion.
50. Requisites and the rules in case of subsidiary liability
of employers.
Article 103.Subsidiary civil liability of other persons.
- The subsidiary liability established in the next
preceding article shall also apply to employers,
teachers, persons, and corporations engaged in any
kind of industry for felonies committed by their
servants, pupils, workmen, apprentices, or employees
in the discharge of their duties.
In order that an employer may be held subsidiarily
liable for the employee's civil liability in the criminal
action, it should be shown
(1) that the employer, etc. is engaged in any kind
of industry,
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(2) that the employee committed the offense in
the discharge of his duties and
(3) that he is insolvent (Basa Marketing Corp. v.
Bolinao, 117 SCRA 156). The subsidiary liability of
the employer, however, arises only after conviction
of the employee in the criminal action. All these
requisites present, the employer becomes ipso facto
subsidiarily liable upon the employee's conviction
and upon proof of the latter's insolvency (carpio v
doroja)
51. The instances or situations in criminal casses wherein
the accused, either as an adult or as a minor, can apply
for and/or be granted a suspended sentence.
52. The rule in case of violation of conditional pardon,
parole or probation. How mcuh of the remaining
penalty should be served?
Violation of conditional pardon is a distinct crime.
In violation of conditional pardon, as a rule, the
violation will amount to this crime only if the
condition is violated during the remaining period of
the sentence. Offender must be found guilty of
subsequent offense before he can be prosecuted
under Article 159. [Torres vs. Gonzales] If the
condition of the pardon is violated when the
remaining unserved portion of the sentence has
already lapsed, there will be no more criminal
liability for the violation. However, the convict
maybe required to serve the unserved portion of
the sentence, that is, continue serving original
penalty.
Section 8: Violations of the conditions of the parole: If
he/she violates any of the conditions of the parole, the
Board may issue his warrant of arrest. If
captured/arrested, he shall serve the remaining
unexpired portion of the maximum sentence for which
he was originally committed unless a new parole was
granted.
a) Mandatory or general- once violated, the
probation is cancelled.
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b) Discretionary or special- conditions which the
courts may additionally impose on the probationer.
Probation statutes are liberal in character and the
court may impose any term it chooses, as long as
the probationer‘s constitutional rights are not
violated.
53. Application of ISL
54. Computation of Loss earning capacity.
Formula in determining loss of earning capacity
Net earning capacity = x
X= Life Expectancy(LE) x gross annual income –
living expenses (50% of gross annual income)
LE = 2/3 x (80 – aged of deceased)
There must be unbiased proof of the deceased
average income
Rule is that documentary evidence should be
presented to substantiate a claim for damages for
loss of earning capacity. Loss of earning capacity
must always be supported by documentary
evidences, except:
1. Self employed and earning less than min wage
2. Employed as a daily wage worker earning less
the min wage,
* Even if a daily wage worker is earning less than
minimum wage, if he is not employed full time or
he is just seasonally employed
Moral damages - - - - - Automatically granted in:
1. Rape
2. Death
3. Detention Never punitive in nature and were
never intended to enrich the claimant at the
expense of the defendant.
Can be awarded without proof if it‘s obvious that
physical suffering is present.
Expenses relating to the 40th day and death
anniversary cannot be considered actual expenses
because of lapse of time.
Actual damages must be supported by receipts. An
exception is for members of indegenous community
or Indegenous Persons (Mangyan, Ita, Igorot, etc.)
The heirs of the person liable has no obligation if
restoration is not possible and the deceased left no
property.
Other kinds of damages: temperate and nominal
damages may be awarded if the court finds that
some pecuniary loss was suffered by its amount
cannot be proved with certainty.
Attorney‘s fees- allowed to be recovered when:
a. It is in the concept of actual or compensatory
damage
b. if the defendant‘s acts or ommission compelled
plaintiff to litigate with third persons or to incur
expenses to protect their rights.

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In cases of complex crimes where rape and death
are present, the indemnity is 100 000 pesos while
the moral damage is 50 000.

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