CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
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Art. 1. Time when Act takes effect –
This code shall take effect on the first
day of January, nineteen hundred and
thirty-two.
The Revised Penal Code took effect on
the January 1, 1932
CRIMINAL LAW – is that branch or
division of law which defines crimes,
treats of their nature, and provides for
their punishment.
CRIME – an act committed or omitted in
violation of a public law forbidding or
commanding it.
ACCUSED – a person formally charged
in court for having violated a penal law –
either the RPC or a special law; a
person against whom an accusation is
made.
TWO THEORIES IN CRIMINAL LAW
1. Classical Theory
 The basis of criminal liability is
human free will and the purpose of
the penalty is retribution.
 That man is essentially a moral
creature with an absolute free will to
choose between good and evil,
thereby placing more stress upon the
effect or result of the felonious act
than upon the man, the criminal
himself
 It has endeavored to establish a
mechanical and direct proportion
between crime and penalty
 There is a scant regard to the human
element.
2. Positivist Theory
 That man is subdued occasionally by
a strange and morbid phenomenon
which constrains him to do wrong, in
spite of or contrary to his volition
 That crime is essentially a social and
natural phenomenon, and as such, it
cannot be treated and checked by
the application of abstract principles
of law and jurisprudence nor by the
imposition of a punishment, fixed
and determined a priori; but rather
through the enforcement of individual
measures in each particular case
after a thorough, personal and
individual investigation conducted by
a competent body of psychiatrists
and social scientists.
POWER TO DEFINE AND PUNISH
CRIMES
The State has the authority, under its
police power, to define and punish
crimes and to lay down the rules of
criminal procedure.
LIMITATIONS ON THE POWER OF
THE LAWMAKING BODY TO ENACT
PENAL LEGISLATION
1. No ex post facto law or bill of
attainder shall be enacted.
2. No person shall be held to answer
for a criminal offense without due
process of law.
NOTE:
 Congress is also prohibited from
passing an act which would inflict
punishment without judicial trial, for
that would constitute a bill of
attainder.
 To give a law retroactive application
to the prejudice of the accused is to
make it an ex post facto law.
EX POST FACTO LAW is one which:
1. Makes criminal an act done before
the passage of the law and which
was innocent when done, and
punishes such an act;
2. Aggravates a crime, or makes it
greater that it was, when committed;
3. Changes the punishment and inflicts
a greater punishment that the law
annexed to the crime when
committed;
4. Alters the legal rules of evidence,
and authorizes conviction upon less
or different testimony than the law
required at the time of the
commission of the offense;
5. Assumes to regulate civil rights and
remedies only, in effect imposes
penalty or deprivation of a right for
something which when done was
lawful; and
 CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
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6. Deprives a person accused of a
crime some lawful protection to
which he has become entitled, such
as the protection of a former
conviction or acquittal, or a
proclamation of amnesty.
BILL OF ATTAINDER is a legislative
act which inflicts punishment without
trial. Its essence is the substitution of a
legislative act for a judicial determination
of guilt.
CONSTITUTIONAL RIGHTS OF THE
ACCUSED (ART. III, BILL OF RIGHTS)
1. All persons shall have the right to a
speedy disposition of their cases
before all judicial, quasi-judicial or
administrative bodies.
2. No person shall be held to answer
for a criminal offense without due
process of law.
3. All persons except those charged
with offenses punishable by
reclusion perpetua when evidence of
guilt is strong, shall, before
conviction, be bailable by sufficient
sureties, or be released on
recognizance as may be provided by
law.
4. In all criminal prosecutions, the
accused shall be presumed innocent
until the contrary is proved and shall
enjoy the right to be heard by himself
and counsel, to be informed of the
nature and cause of the accusation
against him, to have speedy,
impartial and public trial, to meet the
witnesses face to face, and to have
compulsory process to secure the
attendance of witnesses and the
production of evidence in his behalf.
However, after arraignment, trial may
proceed notwithstanding the
absence of the accused provided
that the has been duly notified and
his failure to appear is unjustifiable.
5. No person shall be compelled to be
a witness against himself.
6. Excessive fines shall not be
imposed, nor cruel, degrading or
inhuman punishment inflicted.
7. No person shall be twice put in
jeopardy of punishment for the same
offense.
8. Free access to the courts and quasi-
judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty.
STATUTORY RIGHTS OF AN
ACCUSED
1. To be presumed innocent until the
contrary is proved beyond
reasonable doubt.
2. To be informed of the nature and
cause of the accusation against him.
3. To be present and defend in person
and by counsel at every stage of the
proceedings, from arraignment to
promulgation of the judgment.
4. To testify as a witness in his own
behalf but subject to cross-
examination on matters covered by
direct examination. His silence shall
not in any manner prejudice him.
5. To be exempt from being compelled
to be a witness against himself.
6. To confront and cross-examine the
witnesses against him at the trial.
7. To have compulsory process issued
to secure the attendance of
witnesses and production of other
evidence in his behalf.
8. To have a speedy, impartial and
public trial.
9. To appeal in all cases allowed and in
the manner prescribed by law.
NOTE:
 A right which may be waived is the
right of the accused to confrontation
and cross-examination, considering
that it is personal.
 A right which may not be waived is
the right of the accused to be
informed of the nature and cause of
the accusation against him,
considering that it involve public
interest which may be affected.
 CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
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CONSTRUCTION and/or
INTERPRETATION OF PENAL LAWS
 Penal laws are strictly construed
against the Government and liberally
in favor of the accused.
 The rule that penal statutes should
be strictly construed against the
State may be invoked only where the
law is ambiguous and there is doubt
as to its interpretation. However,
when the law speaks in clear and
categorical language, there is no
room for interpretation, vacillation or
equivocation – there is only room for
application.
Art. 2. Application of its provisions –
Except as provided in the treaties and
laws of preferential applications, the
provisions of this Code shall be
enforced not only within the Philippine
Archipelago, including its atmosphere,
its interior waters and maritime zone,
but also outside of its jurisdiction,
against those who:
1. Shall commit an offense on a
Philippine ship or airship;
2. Should forge or counterfeit any coin
or currency note of the Philippines or
obligations and securities issued by
the Government of the Philippines;
3. Should be liable for acts connected
with the introduction into the
Philippines of the obligations and
securities mentioned in the
preceding number;
4. While being public officers or
employees, should commit an
offense in the exercise of their
functions; or
5. Should commit any of the crimes
against national security and the law
of nations, defined in Title One Book
Two of the Revised Penal Code.
CHARACTERISTICS OF CRIMINAL
LAW
1. GENERAL – Philippine criminal laws
are binding on all persons who live
or sojourn in Philippine territory.
Whoever you are, whatever be your
creed, religion, sex or nationality, as
long as you reside in the Philippine
territory, penal laws of the
Philippines shall apply on you.
Exceptions to the general rule:
Art. 14 of the new Civil Code provides
that penal laws and those of public
security and safety shall be obligatory
upon all who live or sojourn in Philippine
territory, subject to the principles of
public international law and to treaty
stipulations.
Persons exempt from the operation
of our criminal laws by virtue of:
a) Principles of Public International
Law – sovereigns and other chiefs of
state, ambassadors, minister
residents and charges d’affaires
even if residing or sojourning in the
Philippines, and committing crimes
herein are not subject to our penal
laws.
b) Treaties or Treaty Stipulations –
persons who are exempted from the
operation or application of our
criminal laws under the provisions of
the treaties entered into by the
Philippines with another country are
likewise exempted.
c) Laws of Preferential Application –
an example is Sec. 11 of Art. VI of
the Constitution which provides that
“No member shall be questioned nor
be held liable in any other place for
any speech or debate in Congress or
in any committee thereof.
2. TERRITORIAL – Our criminal laws
undertake to punish crimes committed
within Philippine territory. The principle
of territoriality means that as a rule,
penal laws of the Philippines are
enforceable only within its territory.
Outside of the parameters of the
Philippine archipelago, Philippine
criminal laws cannot be enforced.
Exceptions to the territorial
application of criminal law
In what cases are the provisions of the
RPC applicable even if the felony is
committed outside of the Philippines –
 CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
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Article 2 provides that the provisions of
this Code shall be enforced outside of
the jurisdiction of the Philippines against
those who:
a. Shall commit an offense on a
Philippine ship or airship;
b. Should forge or counterfeit any coin
or currency note of the Philippines or
obligations and securities issued by
the Government of the Philippines;
c. Should be liable for acts connected
with the introduction into the
Philippines of the obligations and
securities mentioned in the
preceding number;
d. While being public officers or
employees, should commit an
offense in the exercise of their
functions; or
e. Should commit any of the crimes
against national security and the law
of nations, defined in Title One Book
Two of the Revised Penal Code.
3. PROSPECTIVE – a penal law
cannot make an act punishable in a
manner in which it was not
punishable when committed. As
provided in Art. 366 of the Revised
Penal Code, crimes are punished
under the laws in force at the time of
their commission. It is in
consonance with the constitutional
prohibition against ex-post facto
law.
Exceptions to prospective effect of
law:
Whenever a new statute dealing with
crime establishes conditions more
lenient or favorable to the accused, it
can be given a retroactive effect.
Exceptions to the exception of
retroactive application of law:
1. Where the new law is expressly
made inapplicable to pending actions
or existing causes of action
2. Where the offender is a habitual
delinquent or recidivist.
Art. 3. Definitions – Acts and
omissions punishable by law are
felonies (delitos).
Felonies are committed not only by
means of deceit (dolo) but also by
means of fault (culpa).
There is deceit when the act is
performed with deliberate intent; and
there is fault when the wrongful act
results from imprudence, negligence,
lack of foresight, or lack of skill.
FELONIES – are acts and omissions
punishable by the Revised Penal Code.
 Felonies take the form of a positive
act – like killing a person (murder or
homicide), or taking unlawfully
personal property (theft or robbery);
or an omission or failure to
perform an act – like failure to issue
a receipt of a public officer entrusted
with collection of taxes (illegal
exaction) or failure to deliver within
the prescribed time a person
arrested (delay in the delivery of
detained person).
 The act or omission, however, must
be punishable by laws. This is
based on the maxim NULLUM
CRIMEN NULLA POENA SINE
LEGE – that is, “there is no crime
where there is no law punishing it.”
ELEMENTS OF FELONIES
1. That there must be an act or
omission.
2. That the act or omission must be
punishable by the Revised Penal
Code.
3. That the act is performed or the
omission incurred by means of
deceit (dolo) or fault (culpa)
CLASSIFICATION OF FELONIES
A. According to manner or mode of
execution
1. Intentional felonies – committed by
means of deceit or malice. The act
or omission of the offender is
malicious. In the language of Art. 3,
 CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
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the act is performed with deliberate accident other than his own
intent (with malice). The performer spontaneous desistance.
in performing the act or in incurring
the omission, has the intention to C. According to gravity
cause an injury to another. 1. Grave felonies – those to which the
Ex: murder, estafa law attaches the capital punishment
2. Culpable felonies – where the or penalties which in any of their
wrongful acts result from periods are afflictive in accordance
imprudence, negligence, lack of with Art. 25 of the RPC.
foresight or lack of skill. The act or Ex: rape, parricide.
omission of the offender is not 2. Less Grave felonies – those which
malicious. The injury caused by the the law punishes with penalties
offender to another person is which in their maximum period are
unintentional, it being simply the correctional.
incident of another act performed Ex: attempted homicide, illegal
without malice. As stated in Art. 3, discharge of firearm.
the wrongful act results from 3. Light felonies – those infractions of
imprudence, negligence, lack of law for the commission of which the
foresight, or lack of skill. penalty of arresto mayor or a fine not
Ex: homicide thru reckless exceeding P200.00, or both, is
imprudence or reckless imprudence provided.
resulting to homicide. Ex: slight physical injuries, alarm and
3. Crimes which are defined and scandal.
penalized by special laws – as a
rule, intent to commit the crime is not HOW FELONIES ARE COMMITTED:
necessary, it is sufficient that the 1. BY MEANS OF DECEIT (DOLO) –
offender has the intent to perpetrate there is deceit when the act
the act prohibited by the special law. performed with deliberate intent. In
The act alone, irrespective of the order that an act or omission may be
motives, constitutes the offense. considered as having been
Good faith is not a defense. performed or incurred with deliberate
Ex: illegal possession of firearms, intent or malice, the following
violation of the omnibus election requisites must concur:
code, or crimes punished by city or a) He must have FREEDOM while
municipal ordinances. doing an act or omitting to do an
act.
B. According to stage of execution Exception:
1. Consummated – when all the  A person who acts under the
elements necessary for its execution compulsion of an irresistible force
and accomplishment are present. is exempt from criminal liability.
2. Frustrated – when the offender  A person who acts under the
performs all the acts of execution impulse of an uncontrollable fear
which would produce the felony as a of an equal or greater injury is
consequence but which nevertheless exempt from criminal liability.
do not produce it by reason of b) He must have INTELLIGENCE
causes independent of the will of the while doing the act or omitting to
perpetrator. do an act.
3. Attempted – when the offender Exception:
commences the commission of a  An imbecile or the insane, and
felony directly by overt acts, and the infant under nine years of
does not perform all the acts of age, as well as, the minor over
execution which should produce the nine but less than fifteen years
felony by reason of some causes or old and acting without
 CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
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discernment, have no criminal WHEN MOTIVE IS NOT RELEVANT

liability, because they act without 1. If the commission of the crime has
intelligence. been proven and the evidence of
c) He must have INTENT while identification is convincing.
doing the act or omitting to do an 2. When the accused has been
act. positively identified.
Exception: 3. Where the defendant/accused
 A person who caused an injury admits the killing.
by mere accident had freedom 4. Where guilt is otherwise established
and intelligence, but since he had by sufficient evidence.
no fault or intention of causing it,
he is not criminally liable. NOTES:
 Motive is established by the
2. BY MEANS OF FAULT (CULPA) – testimony of witnesses on the acts or
there is fault when the wrongful act statements of the accused before or
results from imprudence, negligence, immediately after the commission of
lack of foresight, or lack of skill. the offense.
 Imprudence – deficiency of  The existence of a motive, though
action perhaps an important consideration,
 Negligence – deficiency of is not sufficient proof of guilt.
perception; failure to foresee  Mere proof of motive, no matter how
impending danger, usually strong, is not sufficient to support a
involves lack of foresight conviction if there is no reliable
(Requisites: freedom, evidence from which it may be
intelligence, imprudence reasonably deduced that the
accused was the malefactor.
INTENT vs. MOTIVE  Even a strong motive to commit the
While MOTIVE is the moving power crime cannot take the place of proof
which impels one to action for a definite beyond reasonable doubt, sufficient
result, INTENT is the purpose to use a to overthrow the presumption of
particular means to effect such result. innocence.
 Proof beyond reasonable doubt is
WHEN MOTIVE IS RELEVANT the mainstay of our accusatorial
1. Where the identity of a person system or criminal justice.
accused of having committed a
crime is in dispute. MALA IN SE vs. MALA PROHIBITA
2. When there is doubt as to the 1. Mala in se are crimes which are
identity of the assailant. wrong from their nature, such as
3. In ascertaining the truth between two murder, theft, rape, etc.; while those
antagonistic theories or versions of that are mala prohibita are wrong,
the killing. merely because they are prohibited
4. Where the identification of the by statute, like illegal possession of
accused proceeds from an unreliable firearms or violation of the omnibus
source and the testimony is election law.
inconclusive and not free from doubt. 2. Crimes mala in se are those so
5. Where there are no eyewitnesses to serious in their effect on society as to
the crime, and where suspicion is call for the almost unanimous
likely to fall upon a number of condemnation of its members;
persons. whereas crimes mala prohibita are
6. If the evidence is merely violations of mere rules of
circumstantial. convenience designed to secure a
more orderly regulation of the affairs
of society.
 CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
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MISTAKE OF FACT
 While ignorance of the law excuses
no one from compliance therewith
(ignorantia legis non excusat),
ignorance or mistake of fact relieves
the accused from criminal liability
(ignorantia facti excusat).
 Mistake of fact is a misapprehension
of fat on the part of the person who
caused injury to another. He is not,
however, criminally liable, because
he did not act with criminal intent.
REQUISITES OF MISTAKE OF FACT
AS A DEFENSE
1. That the act done would have been
lawful had the facts been as the
accused believed them to be.
2. That the intention of the accused in
performing the act should be lawful.
3. That the mistake must be without
fault or carelessness on the part of
the accused.
NOTES:
 In mistake of fact, the act done by
the accused would have constituted
(1) a justifying circumstance under
Art. 11, (2) absolutory cause, such
as that contemplated in Art. 247, par.
2, or (3) an involuntary act.
 Mistake of fact would constitute a
justifying circumstance under Art. 11,
if there be (1) unlawful aggression on
the part of the person killed, (2)
reasonable necessity of the means
employed to prevent or repel it, and
(3) lack of sufficient provocation on
the part of the person defending
himself.
 The mistake must be without fault or
carelessness on the part of the
accused.
 Lack of intent to kill the deceased
because his intention was to kill
another, does not relieve the
accused from criminal responsibility.
 In error in personae or mistake in the
identity of the victim, the principle of
mistake of fact does not apply.
 When the accused is negligent,
mistake of fact is not a defense.
 Criminal intent is necessary in
felonies committed by means of
deceit (dolo) because of the legal
maxims – “Actus non facit reum nisi
mens sit rea” or the act itself does
not make a man guilty unless his
intention were so; and “Actus me
invite factus non est meus actus” or
an act done by my against my will is
not my act.
 When the doing of an act is
prohibited by a special law, it is
considered that the act is injurious to
public welfare and the doing of the
prohibited act is the crime itself.
 Good faith and absence of criminal
intent not valid defenses in crimes
punished by special laws.
MENS REA – gravamen of the offense.
Mens rea of the crime depends upon the
elements of the crime. One can only
detect the mens rea of a crime by
knowing the particular crime committed.
For example, in rape the mens rea is the
carnal knowledge; in theft, the taking of
the property of another with intent to
gain; in falsification, the effecting of the
forgery with intent to pervert the truth.
Art. 4. Criminal liability – Criminal
liability shall be incurred:
1. By any person committing a felony
(delito) although the wrongful act
done be different from that which he
intended;
2. By any person performing an act
which would be an offense against
persons or property, were it not for
the inherent impossibility of its
accomplishment or on account of the
employment of inadequate or
ineffectual means.
The rationale of the rule in Article 4 is
found in the doctrine that “EL QUE ES
CAUSA DE LA CAUSA ES CAUSA
DEL MAL CAUSADO” or he who is
the cause of the cause is the cause of
the evil caused.
 CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
---------------------------------------------------------------------------------------------------------------------

PAR. 1 – A PERSON COMMITTING A resulting in the latter’s injuries, is

FELONY IS STILL CRIMINALLY liable for the resulting injuries.
LIABLE EVEN IF:  No felony is committed when the
act or omission is not punishable
a) There is a mistake in the identity by the Revised Penal Code, or
of the victim (ERROR IN when the act is covered by any of
PERSONAE) the justifying circumstances
Ex: Where the defendant went out of enumerated in Article 11.
the house with the intention of
assaulting Dunca, but in the 2. That the wrong done to the
darkness of the evening, defendant aggrieved party be the direct,
mistook Mapudul for Dunca and natural and logical consequence
inflicted upon him a mortal wound of the felony committed by the
with a bolo. In this case, the offender.
defendant is criminally liable for the  It is an established rule that a
death of Mapudul. person is criminally responsible
for acts committed by him in
2) There is a mistake in the blow violation of the law and for all the
(ABERRATIO ICTUS) natural and logical consequences
Ex: Where the accused, having resulting therefrom.
discharged his firearm at Juana  In the following cases, the wrong
Buralo but because of lack of done is considered the direct,
precision, hit and seriously wounded natural and logical consequence
Perfecta Buralo, it was held that the of the felony committed –
accused was liable for the injury a. The victim who was
caused to the latter. threatened or chased by the
accused with a knife, jumped
3) The injurious result is greater than into the water and drowned
that intended (PRAETER because he did not know how
INTENTIONEM) to swim;
Ex: Where the accused, without b. The victim removed the
intent to kill, struck the victim with his drainage from his wound
fist on the back part of the head from which was caused by the
behind, causing the victim to fall accused, it appearing that the
down with his head hitting the wound produced extreme pain
asphalt pavement and resulting in and restlessness which made
the fracture of his head, it was held the victim removed it;
that the accused was liable for the c. Other causes cooperated in
death of the victim, although he had producing the fatal result, as
no intent to kill said victim. long as the wound inflicted is
dangerous, that is, calculated
In order that a person may be held to destroy or endanger life;
criminally liable for a felony different d. The victim was suffering from
from that which he intended to commit, internal malady either
the following requisites must be because (1) the blow was
present: efficient cause of death; (2)
blow accelerated death; or (3)
1. That an intentional felony has the blow was the proximate
been committed cause of death;
 Any person who creates in e. The offended party refused to
another’s mind an immediate submit to surgical operation;
sense of danger, which causes f. The resulting injury was
the latter to do something aggravated by infection.
 CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
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PROXIMATE CAUSE – is that cause,
which, in natural and continuous
sequence, unbroken by any efficient
intervening cause, produces the injury,
and without which the result would not
have occurred.
The felony committed is not the
proximate cause of the resulting
injury when:
a) there is an active force that
intervened between the felony
committed and the resulting injury,
and the active force is a distinct act
or fact absolutely foreign from the
felonious act of the accused;
b) the resulting injury is due to the
intentional act of the victim.
PAR. 2, ART. 4 - IMPOSSIBLE
CRIMES
REQUISITES:
1. That the act performed would be an
offense against persons or property;
2. That the act was done with evil
intent;
3. That its accomplishment is inherently
impossible, or that the means
employed is either inadequate or
inefficient
 “Inherent impossibility of the
accomplishment” means that
the act intended by the offender
is by its nature one of impossible
accomplishment. There must be
either (1) legal impossibility, or
(2) physical impossibility of
accomplishing the intended act.
 “Employment of inadequate
means” - Ex. A determined to
poison B, uses a small quantity of
arsenic by mixing it with the food
given to B, believing that the
quantity employed by him is
sufficient. But since in fact it is
not sufficient, B is not killed. The
means employed (small quantity
of poison) is inadequate to kill a
person.
 “Employment of ineffectual
means” - Ex. A, with intent to kill
B, aimed his revolver at the back
of the latter not knowing that it
was empty. When he pressed
the trigger it did not fire. The
means used by A is ineffectual.
4. That the act performed should not
constitute a violation of another
provision of the Revised Penal Code
Art. 5. Duty of the court in
connection with acts which should
be repressed but which are not
covered by the law, and in cases of
excessive penalties. – Whenever a
court has knowledge of any act which it
may deem proper to repress and which
is not punishable by law, it shall render
the proper decision, and shall report to
the Chief Executive, through the
Department of Justice, the reasons
which induce the court to believe that
said act should be made the subject of
legislation.
In the same way, the court shall submit
to the Chief Executive, through the
Department of Justice, such statement
as may be deemed proper, without
suspending the execution of the
sentence, when a strict enforcement of
the provisions of this Code would result
in the imposition of a clearly excessive
penalty, taking into consideration the
degree of malice and the injury caused
by the offense.
Art. 5 covers two situations:
1. The court cannot convict the
accused because the acts do not
constitute a crime. The proper
judgment is acquittal, but the court is
mandated to report to the Chief
Executive that said act be made
subject of penal legislation and why.
2. Where the court finds the penalty
prescribed for the crime is too harsh
considering the conditions
surrounding the commission of the
crime, the judge should impose the
law (dura lex sed lex). The most that
he could is to recommend to the
Chief Executive to grant executive
clemency.
 CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
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 Paragraph 2 does not apply to In determining whether the felony is

crimes punishable by special aw, attempted, frustrated or
including profiteering, and illegal consummated it is important to
possession of firearms or drugs. consider:
There can be no executive clemency 1) The nature of the crime;
for these crimes. 2) The elements constituting the
offense; and
Art. 6. Consummated, frustrated, and 3) The manner of committing the same.
attempted felonies – Consummated
felonies as well as those which are STAGES OF COMMISSION OF A
frustrated and attempted, are CRIME
punishable. 1. CONSUMMATED – when all the
elements necessary for its execution
A felony is consummated when all the and accomplishment are present. In
elements necessary for its execution consummated, all the elements
and accomplishment are present; and it necessary for its execution and
is frustrated when the offender performs accomplishment must be present.
all the acts of execution which would Every crime has its own elements
produce the felony as a consequence, which must all be present to
but which, nevertheless, does not constitute a culpable violation of a
produce it by reason of causes precept of law.
independent of the will of the
perpetrator. 2. FRUSTRATED – when the offender
performs all the acts of execution
There is an attempt when the offender which would produce the felony as a
commences the commission of a felony consequence but which nevertheless
direct by overt acts, and does not do not produce it by reason of
perform all the acts of execution which causes independent of the will of the
should produce the felony by reason of perpetrator.
some cause or accident other than his Elements:
own spontaneous desistance 1. The offender performs all the acts
of execution;
DEVELOPMENT OF A CRIME 2. All the acts performed would
1. INTERNAL ACTS produce the felony as a
 Internal acts such as mere ideas consequence;
in the mind of a person, are not 3. But the felony is not produced;
punishable even if, had they been 4. By reason of causes independent
carried out, they would constitute of the will of the perpetrator;
a crime. 5. The will of the perpetrator.
 In internal acts, intention and
effect must concur 3. ATTEMPTED – when the offender
2. EXTERNAL ACTS commences the commission of a
 Preparatory acts – acts tending felony directly by overt acts, and
toward the crime. Ordinarily they does not perform all the acts of
are not punishable. execution which should produce the
 Acts of execution – acts directly felony by reason of some cause or
connected to the crime. They are accident other than his own
punishable under the Revised spontaneous desistance.
Penal Code Elements:
1. The offender commences the
commission of the felony directly
by overt acts;
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2. He does not perform all the acts MANNER OF COMMITTING THE

of execution which should CRIME
produce the felony; 1. Formal crimes – consummated in
3. The offender’s act is not stopped one instant, no attempt.
by his own spontaneous  There are crimes, like slander
desistance; and false testimony, which are
4. The non-performance of all acts consummated in one instant, by a
of execution was due to cause or single act. These are formal
accident other than his crimes.
spontaneous desistance  As a rule, there can be no
attempt at a formal crime,
ATTEMPTED VS. FRUSTRATED because between the thought
1. In both, the offender has not and the deed there is no chain of
accomplished his criminal purpose. acts that can be severed in any
2. While in Frustrated, the offender has link.
performed all the acts of execution 2. Crimes consummated by mere
which would produce the felony as a attempt or proposal or by overt
consequence; in Attempted, the act.
offender merely commences the  Flight to enemy’s country, in this
commission of a felony directly by crime the mere attempt to flee to
overt acts and does not perform all an enemy country is a
the acts of execution. consummated felony.
3. In Frustrated felony, the offender has  Corruption of minors, a mere
reached the objective phase; in proposal to the minor to satisfy
Attempted felony, the offender has the lust of another will
not passed the subjective phase. consummate the offense.
4. In Frustrated felony, there is no  There is no attempted crime of
intervention of a foreign or treason, because the overt act in
extraneous cause or agency itself consummates the crime.
between the beginning of the 3. Felony by omission
consummation of the crime and the  There can be no attempted stage
moment when all of the acts have when the felony is by omission,
been performed which should result because in this kind of felony the
in the consummated crime; while in offender does not execute acts.
Attempted felony, there is such  He omits to perform an act which
intervention and the offender does the law requires him to do.
not arrive at the point of performing 4. Crimes requiring the intervention
all of the acts which should produce of two persons although
the crime. apparently by omission, is in fact
by commission
OVERT ACTS – is some physical
 In those crimes like betting in
activity or deed, indicating the intention
sport contests and corrupting of
to commit a particular crime, more than
public officer, which require the
a mere planning or preparation, which if
intervention of two persons to
carried to its complete termination
commit them, the same are
following its natural course, without
consummated by mere
being frustrated by external obstacles
agreement.
nor by the voluntary desistance of the
5. Material crimes – there are three
perpetrator, will logically and necessarily
stages of execution, attempted,
ripen into a concrete offense.
frustrated and consummated.
 Thus, homicide, rape, etc., are
not consummated in one instant
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or by a single act. These are
material crimes.
Art. 7. When light felonies are
punishable – Light felonies are
punishable only when they have been
consummated, with the exception of
those committed against persons or
property.
 A light felony is a violation of a penal
law which is punished by a penalty of
imprisonment of not more than thirty
(30) days or arresto menor or a fine
of not more than P200.00 or both,
upon the discretion of the court.
 Light felonies are punishable only
when they have been consummated,
with the exception of those
committed against persons or
property.
 The light felonies punished by the
Revised Penal Code are:
a. Slight physical injuries
b. Theft
c. Alteration of boundary marks
d. Malicious mischief
e. Intriguing against honor
 GENERAL RULE: Light felonies are
punishable only when they have
been consummated. Reason: Light
felonies produce such light, such
insignificant moral and material
injuries that public conscience is
satisfied with providing a light
penalty for their commission. If they
are not consummated, the wrong
done is so slight that there is no
need of providing a penalty at all.
EXCEPTION: Light felonies
committed against persons or
property, are punishable even if
attempted or frustrated. Reason:
The commission of felonies against
persons or property presupposes in
the offender moral depravity. For
that reason, even attempted or
frustrated light felonies against
persons or property are punishable.
Art. 8. Conspiracy and proposal to
commit felony – Conspiracy and
proposal to commit felony are
punishable only in the cases in which
the commission or a felony and decide
therefor.
A conspiracy exists when two or more
persons come to an agreement
concerning the commission of a felony
and decide to commit it.
There is proposal when the person who
has decided to commit a felony
proposes its execution to some other
person or persons.
GENERAL RULE: Conspiracy and
proposal to commit felony are not
punishable. Reason: Conspiracy and
proposal to commit a crime are only
preparatory acts, and the law regards
them as innocent or at least permissible
except in rare and exceptional cases.
EXCEPTION: They are punishable only
in the cases in which the law specifically
provides a penalty therefor.
ELEMENTS OF CONSPIRACY
1. Agreement presupposes meeting of
the minds of two or more persons;
2. The agreement must refer to the
commission of a crime. It must be
an agreement to act, to effect, to
bring about what has already been
conceived and determined;
3. The conspirators have made up their
minds to commit the crime. There
must be a determination to commit
the crime of treason, rebellion or
sedition.
REQUISITES OF CONSPIRACY
1. That two or more persons came to
an agreement;
2. That the agreement concerned the
commission of a felony; and
3. That the execution of the felony be
decided upon.
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REQUISITES OF PROPOSAL had tried to prevent the commission

1. That a person has decided to commit of such other act.
a felony; and  Direct proof is not essential to
2. That he proposes its execution to establish conspiracy, and may be
some other person or persons. inferred from the collective acts of
the accused before, during and after
There is no criminal proposal when – the commission of the crime.
1. The person who proposes is not  Conspiracy can be presumed from
determined to commit the felony; and proven by acts of the accused
2. There is no decided, concrete and themselves when the said acts point
formal proposal; to a joint purpose and design,
3. It is not the execution of a felony that concerted action and community of
is proposed. interests.
 Conspiracy renders all the
NOTES: conspirators as co-principals
 No overt act is necessary to bring regardless of the extent and
about the criminal liability. The mere character of their participation
conspiracy is the crime itself. This is because in contemplation of law, the
only true when the law expressly act of one is the act of all.
punishes the mere conspiracy;  Settled is the rule that to establish
otherwise, the conspiracy does not conspiracy, evidence of actual
bring about the commission of the cooperation rather than mere
crime because conspiracy is not an cognizance or approval on an illegal
overt act but a mere preparatory act. act is required.
Treason, sedition and coup d’etat  A conspiracy must be established by
are the only crimes where the positive and conclusive evidence.
conspiracy and proposal to commit Quantum of proof is required to
them are punishable. establish conspiracy.
 Mere conspiracy to commit a crime  In proposal, only the person
is not punished EXCEPT in treason, proposing or the proponent is
rebellion, or sedition. Even then, if criminally liable.
the treason is actually committed,
the conspiracy will be considered as Art. 9. Grave felonies, less grave
a means of committing it and the felonies and light felonies – Grave
accused will all be charged for felonies are those to which the law
treason and not for conspiracy to attaches the capital punishment or
commit treason. penalties which in any of their periods
 As a general rule, where there is are afflictive, in accordance with Art. 25
conspiracy, the rule is that the act of of this Code.
one is the act of all. This principle
applies only to the crime agreed Less grave felonies are those which the
upon. The exception is if any of the law punishes with penalties which in
co-conspirators would commit a their maximum period are correctional,
crime not agreed upon. Exception to in accordance with the above-mentioned
the exception: In acts constituting a article.
single indivisible offense, even
though the co-conspirator performed Light felonies are those infractions of
different acts bringing about the law for the commission of which the
complete crime, all will be liable for penalty of arresto mayor or a fine not
such crime. They can only evade exceeding 200 pesos, or both, is
responsibility for any other crime provided.
outside of that agreed upon if it is
proved that the particular conspirator
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Bachelor of Laws - Manila Law College
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 Light felonies are punishable only
when they have been consummated,
with the exception of those
committed against persons or
property.
 In light felonies, only the principals
and accomplices are liable.
Art. 10. Offenses not subject to the
provisions of this Code – Offenses
which are or in the future may be
punishable under special laws are not
subject to the provisions of this Code.
This Code shall be supplementary to
such laws, unless the latter should
specifically provide the contrary.
 For special laws, penalties should be
imprisonment and not reclusion
perpetua.
 Offenses that are attempted or
frustrated are not punishable, unless
otherwise stated.
 Plea of guilty is not mitigating for
offenses punishable by special laws.
 No minimum, medium and maximum
periods for penalties.
 No penalty for an accessory or
accomplice, unless otherwise stated.
 Provisions of RPC applicable to
special laws: Art. 16 (participation of
accomplices); Art. 22 (retroactivity of
penal laws if favorable to the
accused; and Art. 45 (confiscation of
instruments used in the crime).
CHAPTER TWO
CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY
1. Justifying circumstances
2. Exempting circumstances
other absolutory causes
3. Mitigating circumstances
4. Aggravating circumstances
5. Alternative circumstances
There are two others which are found
elsewhere in the provisions of the
Revised Penal Code:
1. Absolutory cause; and
2. Extenuating circumstances.
IMPUTABILITY – is the quality by which
an act may be ascribed to a person as
its author or owner
RESPONSIBILITY – is the obligation of
suffering the consequences of crime. It
is the obligation of taking the penal and
civil consequences of the crime.
IMPUTABILITY vs. RESPONSIBILITY
While imputability implies that a deed
may be imputed to a person,
responsibility implies that the person
must take the consequence of such
deed.
GUILT – is an element of responsibility,
for a man cannot be made to answer for
the consequences of a crime unless he
is guilty.
Art. 11
JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES –
those grounds wherein the acts of the
actor are in accordance with law, hence,
he is justified. There is no criminal and
civil liability because there is no crime.
In justifying circumstances –
1. The circumstances affects the act,
not the actor;
2. The act complained of is considered
to have been done within the bounds
of the law, hence, it is legitimate and
lawful in the eyes of the law.
3. Since the act is considered lawful,
there is no crime, and because there
is no crime, there is no criminal;
4. Since there is no crime or criminal,
there is no criminal liability as well as
and
civil liability.
THE FOLLOWING DO NOT INCUR
ANY CRIMINAL LIABILITY --
1. SELF-DEFENSE
Anyone who acts in defense of his
person or rights incurs no criminal
liability provided that the following
circumstances concur:
a) Unlawful aggression;
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b) Reasonable necessity of the means
employed to prevent or repel it; and
c) Lack of sufficient provocation on the
part of the person defending himself.
ELEMENTS:
a) Unlawful aggression – is a physical
act manifesting danger to life or limb;
it is either actual or imminent. To
give rise to self-defense, the
aggression must not be a lawful one
like the attack of a husband against
a paramour of his wife whom he
surprised in an uncompromising
situation. Unlawful aggression in
self-defense, to be justifying, must
exist at the time the defense is
made. It may no longer exist if the
aggressor runs away after the attack
or he has manifested a refusal to
continue fighting. If the person
attacked allowed some time to
elapse after he suffered the injury
before hitting back, his act of hitting
back would not constitute self-
defense, but revenge. The unlawful
aggression must come from the
person who was attacked by the
accused.
b) Reasonable necessity of the
means employed to prevent or
repel it – It contemplates two
situations that may arise while the
aggression is taking place. The first
is to repel an actual aggression. The
second is to prevent an imminent or
impending aggression. The rule
here is to stand your ground when in
the right which may be invoked when
the defender is unlawfully assaulted
and the aggressor is armed with a
weapon. Where the accused is
“where he has the right to be” the
law does not require him to retreat
when assaulted, but rather to “stand
ground when in the right.” Whether
or not the means employed is
reasonable will depend upon the
place, occasion and other
circumstances. More often, it is the
nature and quality of weapon used
by the aggressor. It is also dictated
by the physical condition, size and
sex of the person defending himself.
c) Lack of sufficient provocation on
the part of the person defending
himself – For provocation to be
considered serious by the court, the
degree must be sufficient and must
at all times be immediate to the
unlawful aggression. Sufficient
means proportionate to the damage
caused by the act, and adequate to
stir one to its commission.
Rights included in Self-Defense
a) Defense of person
b) Defense of rights protected by law
c) Defense of property
d) Defense of chastity
2. DEFENSE OF RELATIVES
The law speaks only of spouse;
ascendants, meaning parents,
grandparents, great grandparents, etc.;
descendants, meaning children,
grandchildren, great grandchildren, etc.;
brothers and sisters, relatives by affinity
in the same degrees, that is, parents-in
law, children-in law, and brothers or
sisters-in-law as relatives. Outside of
these people, the persons are
considered, in criminal law, as
strangers.
ELEMENTS:
a) Unlawful aggression;
b) Reasonable necessity of the means
employed to prevent or repel it;
c) The relative being defended gave no
provocation. Anent this requisite,
however, the law gives a leeway –
that is, even if the relative being
defended gave the provocation, if the
relative making the defense had no
part therein, he can successfully
invoke defense of relative.
3. DEFENSE OF STRANGER
Outside of himself and those
relatives mentioned above, any person
who acts in defense of the person or
rights of another can legitimately claim
the defense of stranger if the following
requisites concur:
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ELEMENTS:
a) Unlawful aggression;
b) Reasonable necessity of the means
employed to prevent or repel it;
c) The person defending be not
induced by revenge, resentment or
other evil motive.
4. AVOIDANCE OF GREATER EVIL
OR INJURY
Speaks of a person who, in order to
avoid an evil or injury, does an act which
causes damage to another. The
following, however, must be present:
a) That the evil sought to be avoided
actually exists;
b) That the injury feared be greater
than that done to avoid it; and
c) That there be no other practical and
less harmful means of preventing it.
 This is the only justifying
circumstance which provides for the
payment of civil indemnity.
 Civil liability referred to in a state of
necessity is based not on the act
committed but on the benefit derived
from the state of necessity. So the
accused will not be civilly liable if he
did not receive any benefit out of the
state of necessity. On the other
hand, persons who did not
participate in the damage or injury
would be pro tanto civilly liable if they
derived benefit out of the state of
necessity.
5. FULFILLMENT OF DUTY OR
EXERCISE OF RIGHT OR OFFICE
This justifying circumstance provides
that no criminal liability shall be incurred
by any person who acts in the fulfillment
of a duty or in the lawful exercise of a
right or office.
REQUISITES:
a) That the offender acted in the
performance of a duty or in the lawful
exercise of a right; and
b) That the injury or offense committed
be the necessary consequence of
the due performance of such right or
office.
 A police officer is justified in shooting
and killing a criminal who refuses to
stop when ordered to do so, and
after such officer fired warning shots
in the air. Shooting an offender who
refused to surrender is justified, but
not a thief who refused to be
arrested.
6. OBEDIENCE TO AN ORDER OF A
SUPERIOR
It is also a justified act if a person
acts in obedience to an order issued by
a superior for law lawful purpose. This
justifying circumstance needs an order
issued by a superior officer of the
accused which was for a lawful purpose
and the latter obeyed the order.
ELEMENTS:
1. There is an order;
2. The order is for a legal purpose;
3. The means used to carry out said
order is lawful.
 The person giving the order must act
within the limitations prescribed by
law. The subordinate taking the
order must likewise act within the
bounds of law.
BATTERED WOMAN SYNDROME AS
A JUSTIFYING CIRCUMSTANCE
The battered woman syndrome is
characterized by the so-called “cycle of
violence” which has three phases:
1. The tension-building phase (minor
battering occurs);
2. The acute battering incident
(characterized by brutality,
destructiveness and sometimes,
death); and
3. The tranquil/loving phase (the
woman and her batterer are
emotionally dependent on each other
– she for his nurturant behavior, he
for her forgiveness. This cycle must
be repeated.
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 In the case of People vs. Genosa,  The exemption from punishment is

G.R. No. 135981, Sept. 29, 2000, based on the complete absence of
the justifying circumstance of intelligence, freedom of action, or
battered woman syndrome was not intent, or on the absence of
applied because the accused failed negligence on the part of the
to present evidence with regard to accused.
the third phase of the cycle – that  A person who acts WITHOUT
she felt that she provoked the violent MALICE (without intelligence,
incidents between her and her freedom of action or intent) or
spouse; that she believe that she WITHOUT NEGLIGENCE (without
was the only hope for her husband to intelligence, freedom of action or
reform; that she believe that she was fault) is NOT CRIMINALLY LIABLE
the sole support of his emotional or is EXEMPT FROM
stability and well-being, that she is PUNISHMENT.
dependent on him; that she feels  There is a crime committed but no
helpless and trapped in their criminal liability arises from it
relationship; that both regard death because of the complete absence of
as preferable to separation. Self- any of the conditions which
defense was also not appreciated in constitute free will or voluntariness of
this case because the unlawful the act.
aggression has already ceased at  Burden of proof: any of the
the time the accused killed her circumstances is a matter of defense
batterer. and must be proved by the
defendant to the satisfaction of the
JUSTIFYING CIRCUMSTANCE vs. court.
EXEMPTING CIRCUMSTANCE  Art. 12 enumerates persons who are
JUSTIFYING EXEMPTING exempted from criminal liability.
The circumstance The circumstance
affects the act, not the affects the actor, not
Unlike in justifying circumstances,
actor the act here there was a crime committed,
The act is done within The act is felonious there is a criminal but for reasons of
legal bounds, hence, and hence a crime public policy, no penal liability shall
considered not a crime but the actor acted be inflicted on him.
without voluntariness
Since the act is not a Although there is a
crime, there is no crime, there is no THE FOLLOWING ARE EXEMPT
criminal criminal because the FROM CRIMINAL LIABILITY:
actor is regarded
only as an 1. AN IMBECILE ON AN INSANE
instrument of the
PERSON, UNLESS THE LATTER
crime
There being no crime There being a wrong HAS ACTED DURING A LUCID
nor criminal, there is no done but no criminal, INTERVAL.
criminal nor civil liability there is civil liability
but no criminal  Imbecile – one who, while advanced
liability
in age has a mental development
comparable to that of children
ART. 12 between 2 and 7 years of age. The
EXEMPTING CIRCUMSTANCES imbecile is exempt in all cases from
criminal liability (no lucid interval).
EXEMPTING CIRCUMSTANCES (non-
 Insane – one who acts with
imputability) are those grounds for
complete deprivation of
exemption from punishment because
intelligence/reason or without the
there is wanting in the agent of the
least discernment or with total
crime of any of the conditions which
deprivation of freedom of the will.
make the act voluntary, or negligent.
The insane is not so exempt if it can
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be shown that he acted during a c) He causes injury to another by mere

lucid interval.
Instances of Insanity:
1. Dementia praecox (Schizophrenia)
is covered by the term insanity
because homicidal attack is common
in such form of psychosis. It is
characterized by delusions that he is
being interfered with sexually, or that
his property is being taken thus the
person has no control over his acts.
2. Kleptomania or presence
abnormal, persistent impulse or
tendency to steal – to be considered
exempting, will still have to be
investigated by competent
psychiatrist to determine if the
unlawful act is due to irresistible
impulse produced by his mental
defect, thus loss of his will-power. If
such mental defect only diminishes
the exercise of his will-power and di
not deprive him of the consciousness
of his acts, if is only mitigating.
FEEBLE MINDEDNESS – is not
imbecility because the offender can
distinguish right from wrong. An
imbecile and an insane to be exempted
must not be able to distinguish right
from wrong.
2. A PERSON UNDER NINE (9)
YEARS OF AGE (MODIFIED BY
R.A. 9344)
3. A PERSON OVER NINE (9) YEARS
OF AGE AND UNDER FIFTEEN
(15), UNLESS HE HAS ACTED
WITH DISCERNMENT.
4. ANY PERSON WHO, WHILE
PERFORMING A LAWFUL ACT
WITH DUE CARE, CAUSES AN
INJURY BY MERE ACCIDENT
WITHOUT FAULT OR INTENTION
OF CAUSING IT.
Elements of Accident
a) A person is performing a lawful act;
b) Exercise of due care;
accident;
d) Without fault or intention of causing
it.
 Under Art. 12, par. 4, the offender is
exempt not only from criminal but
also from civil liability. This
paragraph embodies the Latin
maxim “DAMNUM ABSQUE
INJURIA.”
of 5. Any person who acts under the
compulsion of an irresistible
force.
Elements of Irresistible Force:
a) That the compulsion is by means
of physical force.
b) That the physical force must be
irresistible
c) That the physical force must
come from a third person.
 Force, to be irresistible, must
produce such an effect on an
individual that despite of his
resistance, it reduces him to a mere
instrument and, as such, incapable
of committing a crime.
6. ANY PERSON WHO ACTS UNDER
THE IMPULSE OF AN
UNCONTROLLABLE FEAR OF AN
EQUAL OR GREATER INJURY.
Elements of Uncontrollable Fear:
a) That the threat which causes the fear
is of an evil greater than or at least
equal to that which he is required to
commit;
b) That it promises an evil of such
gravity and imminence that the
ordinary man would have
succumbed to it.
 Duress, to be a valid defense, should
be based on real, imminent or
reasonable fear for one’s life or limb.
It should not be inspired by
speculative, fanciful or remote fear.
The fear must be grave, actual,
serious, and of such kind that
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majority of men would succumb to  Mitigating circumstance in

such moral compulsion. The latter incomplete self-defense/defense of
must be such as to leave a relative/defense of stranger –
reasonable fear for one’s life or limb unlawful aggression must be present
and not speculative, fanciful or for Art. 13 to be applicable. Other
remote fear. two elements are not necessary. If
 This paragraph embodies the two requisites are present, it is
doctrine “An act done by me against considered privileged mitigating
my will is not my act.” circumstance.
 To have incomplete self-defense, the
7. ANY PERSON WHO FAILS TO offended party must be guilty of
PERFORM AN ACT REQUIRED BY unlawful aggression. Without this,
LAW WHEN PREVENTED BY there can be no incomplete self-
SOME LAWFUL OR defense, defense of relative or
INSUPERABLE CAUSE. defense of stranger.
 If only the element of unlawful
Elements of Lawful or Insuperable aggression is present, the other
Cause: requisites being absent, the offender
a) That an act is required by law to be shall be given only the benefit of an
done; ordinary mitigating circumstance.
b) That a person fails to perform such  In cases of state of necessity (par. 4)
act; avoidance of greater evil or injury; if
c) That his failure to perform such act any of the last two requisites is
was due to some lawful or absent, there is only an ordinary
insuperable cause. mitigating circumstance.

Art. 13 2. WHEN THE OFFENDER IS UNDER

MITIGATING CIRCUMSTANCES 18 YEARS OR OVER 70 YEARS
OF AGE.
MITIGATING CIRCUMSTANCES are  Age of the accused which should be
those which do not entirely free the determined as his age at the date of
actor from penal responsibility but serve the commission of the crime, not
only to lessen or reduce the penalty date of trial.
imposable. There are two classes of  Under 15 or exactly 15 – exempting
mitigating circumstances: circumstance
1) Ordinary Mitigating, which can be  Over 15, below 18 – exempting
offset by aggravating circumstances except if acted with discernment
and which if present tends to reduce  Minor delinquent under 18 –
the penalty by periods; and sentence may be suspended under
2) Privileged Mitigating, which cannot P.D. 603
be offset by any aggravating
 Under 18 – privileged mitigating
circumstances and which if present
circumstance
tends to reduce the penalty by
 18 and above – full criminal
degrees.
responsibility
THE FOLLOWING ARE MITIGATING  70 and above – mitigating
CIRCUMSTANCES: circumstance; no imposition of death
penalty; execution of death sentence
1. INCOMPLETE JUSTIFYING AND if already imposed is suspended and
INCOMPLETE EXEMPTING commuted.
CIRCUMSTANCES.
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3. WHEN THE OFFENDER HAD NO AFFINITY WITHIN THE SAME

INTENTION TO COMMIT SO DEGREES.
GRAVE A WRONG AS THAT
COMMITTED (PRAETER  The grave offense may be also
INTENTIONEM). against the offender’s relatives
 Can be used only when the facts mentioned by law.
prove that there is a notable and  The offended party must have done
evident disproportion between a grave offense to the offender or his
means employed to execute the relatives.
criminal act and its consequences.  May be proximate. Time interval is
 Intent is an indispensable element of allowed.
the crime. When the intent is less
than the actual act committed, a 6. WHEN THE ACCUSED ACTED
mitigated responsibility be imposed UPON AN IMPULSE SO
upon the offender. POWERFUL AS NATURALLY TO
 Not applicable when offender HAVE PRODUCED PASSION OR
employed brute force. Not OBFUSCATION.
applicable to felonies by negligence.  Passion and obfuscation refer to
 In crimes against persons, if the emotional feeling which produces
victim does not die, the absence of excitement so powerful as to
the intent to kill reduces the felony to overcome reason and self-control. It
mere physical injuries. It is not must come from prior unjust or
considered as mitigating. Mitigating improper acts. The passion and
only when the victim dies. obfuscation must emanate from
 This is not applicable to Anti-Hazing legitimate sentiments.
Law.  Passion and obfuscation is
mitigating: when there are causes
4. WHEN THERE WAS SUFFICIENT naturally producing in a person
PROVOCATION OR THREAT ON powerful excitement, he loses his
THE PART OF THE OFFENDED reason and self-control. Thereby
PARTY THAT IMMEDIATELY dismissing the exercise of his will
PRECEDED THE ACT. power.
 The provocation must be made  Passion and obfuscation are
directly only to the person mitigating circumstances only when
committing the felony. the same arise from lawful
 The cause that brought about the sentiments (not mitigating
provocation need not be a grave circumstance when done in the spirit
offense. of revenge or lawlessness).
 It is necessary that the provocation
or threat immediately preceded thea Requisites for Passion & Obfuscation
act. There is no time interval. a) The offender acted on impulse
 Provocation must be sufficient. powerful enough to produce passion
 Provocation must be immediate to or obfuscation;
the act. b) That the act was committed not in
the spirit of lawlessness or revenge;
5. WHEN THE ACT WAS and
COMMITTED IN THE IMMEDIATE c) The act must come from lawful
VINDICATION OF A GRAVE sentiments
OFFENSE TO THE PERSON
COMMITTING THE FELONY, HIS Acts which gave rise to passion and
SPOUSE, ASCENDANTS, obfuscation:
DESCENDANTS, BROTHERS OR a) That there be an act, both unlawful
SISTERS OR RELATIVES BY and unjust.
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Bachelor of Laws - Manila Law College
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b) The act be sufficient to produce a

condition of mind.
c) That the act was proximate to the
criminal act d. The victim must be.
7. Voluntary surrender to person in
authority or his agents by the
accused, of if he voluntarily
confessed his guilt before the
court prior to prosecution’s
presentation of evidence.
 Two mitigating circumstances are
present: a) voluntarily surrendered;
and b) voluntarily confessed his guilt.
If both are present, considered as
two independent mitigating
circumstances. Mitigate penalty to a
greater extent.
Requisites of Voluntary Surrender:
a) Offender not actually arrested;
b) Offender surrendered to a person in
authority or the latter’s agent;
c) Surrender was voluntary; surrender
must be spontaneous – shows his
interest to surrender unconditionally
to the authorities.
9. Such illness on the part of the
offender as would diminish the
exercise of his will power without
depriving him of the
consciousness of his acts.
 Feeble mindedness of the accused
who, in a fit of jealousy, stabbed his
wife, then carried her up to the
house, laid her on the floor and then
lay down beside her, warrants the
finding in his favor of this mitigating
circumstance.
10. Any other circumstance of a
similar nature or analogous to
those above-mentioned.
 Examples of “any other
circumstance:”
1) Defendant who is 60 years old
with failing eyesight is similar to a
case of one over 70 years old;
2) Outraged feeling of owner of
animal taken for ransom is
analogous to vindication of grave
offense.

Requisites for Plea of Guilty: CIRCUMSTANCES WHICH ARE

a) Offender spontaneously confessed NEITHER EXEMPTING NOR
his guilt; MITIGATING
b) Confession of guilt was made in 1. Mistake in the blow
open court (competent court); 2. Mistake in the identity of the victim
c) Confession of guilt was made prior to 3. Entrapment of the accused
the presentation of evidence for the 4. Accused is over 18 years old
prosecution. 5. Performance of a righteous action

8. If the offender is deaf and dumb,

blind in two eyes, or otherwise
suffering from physical defect
which restricts his means of
action, defense or communication
with his fellow beings.
 One suffering from physical defect
which restricts him does not have
complete freedom of action and
therefore, there is diminution of that
element of voluntariness. The
physical defect of the offender
should restrict his means of action,
defense or communication with
fellow beings, this has been
extended to cover cripples, armless
people even stutterers.
Art. 14
AGGRAVATING CIRCUMSTANCE
AGGRAVATING CIRCUMSTANCE –
those which if present in the commission
of the crime serve to increase the
penalty imposable, without however
exceeding the maximum period
described for the offense. There are
four kinds of aggravating circumstances:
a) Specific – those that apply only to
some particular crimes like disregard
of respect due the offended party on
account of rank, sex or age which
are applicable only to crimes against
persons or honor. Ignominy which
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Bachelor of Laws - Manila Law College
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applies only to crimes against 7. That the crime be committed on the

chastity; cruelty which applies only to occasion of conflagration,
crimes against person. shipwreck, earthquake, epidemic or
b) Generic – those which generally, other calamity or misfortune.
can be applied to all offenses like 8. That the crime be committed with
dwelling, recidivism, in consideration the aid of armed men or persons
of price, reward or promise. who insure or afford impunity.
c) Inherent – those which necessarily 9. That the accused is a recidivist.
accompany or inhere in the 10. That the offender has been
commission of the crime like evident previously punished for an offense
premeditation in theft or robbery. to which the law attaches an equal
d) Qualifying – those which if or greater penalty or for two (2) or
attendant, alter or change the nature more crimes to which it attaches a
of the crime necessarily increasing lighter penalty.
the penalty, such as be means of 11. That the crime be committed in
poison, which aid of armed men in consideration of a price, reward or
killing persons or grave abuse of promise.
confidence which makes stealing 12. That the crime be committed by
one of qualified. These means of inundation, fire, poison,
circumstances however must be explosion, stranding of a vessel or
alleged in the information to make intentional damage thereto,
them qualifying. derailment of a locomotive or by
the use of any other artifice
AGGRAVATING CIRCUMSTANCES involving great waste and ruin.
ARE AS FOLLOWS: 13. That the act be committed with
evident premeditation.
1. That advantage be taken by the 14. That craft, fraud or disguise be
offender of his public position. employed.
2. That the crime be committed in 15. That advantage be taken of
contempt of or with insult to public superior strength or means
authorities. employed to weaken the defense.
3. That the act be committed (a) with 16. That the act be committed with
insult or in disregard of the respect treachery.
due the offended party on account 17. That means be employed or
of his rank, age or sex, or that (b) it circumstances brought about which
be committed in the dwelling of the add ignominy to the natural effects
offended party if the latter has not of the act.
given any provocation. 18. That the crime be committed after
4. That the act be committed with an unlawful entry.
abuse of confidence or obvious 19. That as a means to the
ungratefulness. commission of a crime, a wall, roof,
5. That the crime be committed in the floor, door or window be broken.
palace of the Chief Executive, or in 20. That the crime be committed with
his presence, or where authorities the aid of persons under fifteen
are engaged in the discharge of (15) years of age, or by means of
their duties or in place dedicated to motor vehicles, airships, or other
religious worship. similar means.
6. That the crime be committed in the 21. That the wrong done in the
nighttime or in an uninhabited commission of the crime be
place, or a band whenever such deliberately augmented by causing
circumstances may facilitate the another wrong not necessary for its
commission of the offense. commission.
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AGGRAVATING CIRCUMSTANCES
NOT PROVIDED UNDER RPC
1. When a crime is committed by an
offender who is under the influence
of dangerous drugs, such state shall
be considered as qualifying
aggravating circumstance (B.P. 179).
2. If homicide or murder is committed
with the use of an unlicensed
firearm, such use of an unlicensed
firearm shall be considered as an
aggravating circumstance (P.D. No.
1866 as amended by R.A. No.
8294).
3. The maximum penalty shall be
imposed if the offense was
committed by any person who
belongs to an organized/syndicated
crime group, meaning a group of two
or more persons collaborating,
confederating or mutually helping
one another for purposes of gain in
the commission of any crime (R.A.
No. 7659).
ALTERNATIVE CIRCUMSTANCES
They are those circumstances which
must be taken into consideration as
aggravating or mitigating according to
the nature and effects of the crime and
the other conditions attending its
commission. The law enumerates them
as:
1. Relationship of the offender and
the offended party – relationship is
considered when the offended party
is the spouse, ascendant,
descendant, brother or sister, or
relative by affinity in the same
degree of the offender. The
relationship of step-daughter and
step-father is included, but not that of
uncle and niece.
 When is relationship a mitigating
circumstance? In crimes against
property, it is mitigating, applying
by analogy Art. 332 which
provides that there is no criminal
but only civil liability in case of
theft, swindling or malicious
mischief committed or caused
mutually by spouses,
ascendants, descendants,
brothers or sisters, and relatives
by affinity in the same line, with a
proviso that in case of brothers
and sisters and brothers-in-law or
sisters-in-law, they must be living
together.
 In crimes against persons, except
in serious physical injuries, where
relationship is always aggravating
the rule is where the offended
party is a relative of a higher
degree, or where he is of the
same level as the offender,
relationship is aggravating,
otherwise it is mitigating. If it
results in the death of the victim
even if he is of a lower level, the
relationship is aggravating.
However, this rule is subject to
the “other conditions attending
the commission of the crime.”
2. Intoxication – the ordinary rule is
that, intoxication may be considered
either aggravating or mitigating,
depending upon the circumstances
attending the commission of the
crime. Intoxication has the effect of
decreasing the penalty if it is not
habitual or subsequent to the plan to
commit the crime. On the other
hand, when the intoxication is
habitual or intentional, it is
considered as an aggravating
circumstance. The person pleading
intoxication must present proof that
he had taken a quantity of alcoholic
beverage prior to the commission of
the crime, sufficient to produce the
effect of blurring his reason; and at
the same time, he must prove that
not only was intoxication not habitual
but also that his imbibing the
alcoholic drink was not intended to
fortify his resolve to commit the
crime.
3. Degree of instruction and
education of the offender – high
degree of education and instruction
of the offender is always
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Bachelor of Laws - Manila Law College
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aggravating, never mitigating when a) By profiting themselves or

applicable. Low degree of assisting the offender to profit by
instruction or education, on the other the effects of the crime;
hand, is always mitigating, never b) By concealing or destroying the
aggravating when applicable. The body of the crime or the effects or
rule, however, is that not only instruments thereof to prevent its
illiteracy, but also lack of sufficient discovery;
intelligence, is necessary to c) By harboring, concealing or
successfully avail of this alternative assisting in the escape of the
circumstance as mitigating. principal of the crime, provided
However, the mitigating the accessory acts with abuse of
circumstance of lack of instruction or public functions, or whenever the
education should not be taken into author of the crime is guilty of
consideration in connection with the treason, parricide, murder or an
crime of rape for no one is ignorant attempt to take the life of the
as not to know that the crime of rape Chief Executive, or is known to
is wrong and violation of the law. be guilty of some other crime.

Title II
PERSONS CRIMINALLY LIABLE Title III
FOR FELONIES PENALTIES

WHO ARE THE PARTICEPS CRIMINIS PENALTY – is the punishment imposed

OR PARTICIPANTS IN THE CRIME – by lawful authority upon a person who
1. PRINCIPALS commits an unlawful, deliberate or
a) Principals by Direct negligent act.
Participation – those who take a
direct part in the execution of the CLASSIFICATION OF PENALTIES
act;
b) Principals by Inducement or 1. PRINCIPAL PENALTIES – those
Induction – those who directly expressly imposed by the court
force or induce others to commit  Capital punishment/Death
the crime; 2. AFFLICTIVE PENALTIES
c) Principals by Indispensable a) Reclusion perpetua
Cooperation – those who b) Reclusion temporal
cooperate in the execution of the c) Perpetual or temporary absolute
offense by another act without disqualification
which the crime would not have d) Perpetual or temporary special
been accomplished. disqualification
2. ACCOMPLICES – one who, not e) Prision mayor
having participated as principal, 3. CORRECCIONAL PENALTIES
cooperates in the execution of the a) Prision correccional
offense by previous or simultaneous b) Arresto mayor
act. c) Suspension
3. ACCESSORIES – they are those d) Destierro
who, having knowledge of the 4. LIGHT PENALTIES
commission of the crime, and without a) Arrestor menor
having participated as principals or b) Public censure
accomplices, take part subsequent 5. ACCESSORY PENALTIES – those
to its commission in any of the that are deemed included in the
following manners: principal penalties imposed.
a) Perpetual or temporary absolute
disqualification
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Bachelor of Laws - Manila Law College
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b) Perpetual or temporary special 2. Reclusion temporal – from 12

disqualification years and 1 day to 20 years
c) Suspension from public office 3. Prision mayor and temporary
d) Civil interdiction disqualification – from 6 years and
e) Indemnification 1 day to 12 years, except when the
f) Forfeiture or confiscation of penalty of disqualification is imposed
instruments and proceeds of the as an accessory penalty, in which
offense case, its duration shall be that of the
g) Payment of costs. principal penalty.
4. Prision correccional, suspension
SCALE OF PENALTIES IN THE and destierro – from 6 months and
ORDER OF SEVERITY AND FOR THE 1 day to 6 years, except when
PURPOSE OF SUCCESSIVE SERIVCE suspension is imposed as an
OF SENTENCES: accessory penalty, in which case, its
duration shall be that of the principal
1. Death penalty.
2. Reclusion perpetua 5. Arresto mayor – 1 month and 1 day
3. Reclusion temporal to 6 months
4. Prision mayor 6. Arresto menor – 1 day to 30 days
5. Prision correccional
6. Arresto mayor Notes:
7. Arresto menor  The maximum duration however of
8. Destierro the convict’s sentence shall not be
9. Perpetual absolute disqualification more than threefold the length of
10. Temporary absolute disqualification time corresponding to the most
11. Suspension from public office, the severe of the penalties imposed.
right to vote and be voted for, the Said maximum period shall in no
right to follow profession or calling case exceed forty (40) years.
12. Public censure  Reclusion perpetua, despite its
13. Fine defined duration, 20 years and 1 day
to 40 years, is still to be classified as
RECLUSION PERPETUA vs. LIFE an indivisible penalty, and should be
IMPRISONMENT imposed in its entire duration in
accordance with Art. 63 of the RPC.
1. Reclusion perpetua is imposed by  A fine, however, whether imposed as
the Revised Penal Code, while Life a single or as an alternative penalty,
Imprisonment is by Special Law. shall be considered afflictive if it
2. Reclusion perpetua entails exceeds P6,000.00; correccional
imprisonment for only 30 years after penalty if it does not exceed
which the convict becomes eligible P6,000.00 but not less than P200.00;
for pardon, whereas Life and light, if it be less than P200.00.
Imprisonment does not appear to
have any definite extent or duration; PREVENTIVE AND SUBSIDIARY
and IMPRISONMENT
3. Reclusion perpetua carries
accessory penalties, while it is not so PREVENTIVE IMPRISONMENT is the
in Life Imprisonment. incarceration undergone by a person
accused of a crime which is not bailable,
DURATION OF PENALTIES or even if bailable, can not afford to post
the bond. During the trial of his case, he
1. Reclusion perpetua – from 20 is detained in jail. He is known as
years and 1 day to 40 years detention prisoner. The preventive
imprisonment undergone by the
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accused shall be credited fully, to be
substracted from his sentence, if he
agrees in writing to abide by the
disciplinary rules imposed on convicted
prisoners; otherwise, only four-fifths of
the time during which he has undergone
preventive imprisonment shall be
deducted. The following are exceptions
however:
1) If the convict is a recidivist or has
been previously convicted twice
or more of any crime;
2) When upon being summoned for
the execution of his sentence, he
shall have failed to surrender
voluntarily.
SUBSIDIARY IMPRISONMENT is the
personal penalty prescribed by law in
substitution of the payment of fine
embodied in the decision when the
same cannot be satisfied because of the
culprit’s insolvency. There is no
subsidiary imprisonment if the penalty is
more than 6 years. Moreover, the
subsidiary imprisonment shall not
exceed one-third of the principal penalty
or one (1) year whichever is higher.
COMPLEX CRIMES AND THEIR
PENALTIES (DELITO COMPUESTO)
When a single act constitutes two or
more grave or less grave felonies, or
when an offense is a necessary means
for committing the other, the penalty for
the most serious crime shall be
imposed, to be applied in its maximum
period. There are two types of complex
crimes:
1) COMPOUND CRIME – when a
single act constitutes two or more
grave or less grave felonies. Ex: A
with a revolver shot B, missing him
but the bullet hit C who is A’s father.
A committed the crime of Attempted
Homicide with Parricide.
2) COMPLEX CRIME PROPER – when
an offense is a necessary means of
committing the other. Ex: X, through
intimidation, brought out the Y from
her house to a nearby school
building where he raped her is guilty
of the complex crime of Forcible
Abduction with Rape.
Note:
 In complex crimes, one offense
should not be punishable under
another law. Both must be a
violation of the Revised Penal Code.
Thus, while illegal possession of
firearm could be argued as a
necessary means to commit murder
or homicide, there is no complex
crime committed because one crime
is punishable under a special law
while the other is by the Revised
Penal Code.
CONTINUING CRIME
A single crime consisting of a series of
acts arising from one criminal resolution
or intent not susceptible of division.
INDETERMINATE SENTENCE LAW
In imposing a prison sentence for an
offense punished by the Revised Penal
Code, or its amendments, the court shall
sentence the accused to an
indeterminate sentence the maximum of
term of which, shall be that which, in
view of the attending circumstances,
could be properly imposed under the
rules of the said Code, and the minimum
of which shall be within the range of the
penalty next lower to that prescribed by
the Code for the offense; and if the
offense is punished by any other law,
the court shall sentence the accused to
an indeterminate sentence, the
maximum term of which shall not
exceed the maximum fixed by said law
and the minimum shall not be less than
the minimum term prescribed by the
same.
To cite a specific example:
If X who is only 17 years old was found
guilty of Homicide with a mitigating circumstance
of voluntary surrender, the court shall first
determine the applicable penalty by applying the
mitigating circumstances present. Since the
accused is only 17 years old, he is entitled to a
mitigating circumstance of minority which is a
privileged one. Thus, the penalty of reclusion
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Bachelor of Laws - Manila Law College
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temporal prescribed for Homicide will be and sentence is released, subject to

reduced to prision mayor, which is one degree
lower. The court will then consider the other
mitigating circumstance of voluntary surrender
so that the maximum period under the
Indeterminate Sentence Law is prision mayor
minimum which has range of 6 years and 1 day
to 8 years. The minimum term shall be any
range of prision correccional which is the penalty
next lower in degree to prision mayor. The
sentence of the court thus is as follows:
“Accused is hereby sentenced to an
indeterminate prison term of six (6) months and
one (1) day or prision correccional as minimum
to six (6) years and one (1) day or prision mayor
as maximum.”
conditions imposed by the court and
to the supervision of a probation
officer. Probation is a mere
privilege, not a right of the accused.
It is rather an act of grace or
clemency or immunity conferred by
the State which may be granted by
the court to a seemingly deserving
defendant who thereby escapes the
extreme rigors of the penalty
imposed by law.

If in the above example, the 17 year old EXCEPTIONS TO THE BENEFITS

convict did not voluntarily surrender but is a OF PROBATION
recidivist, then the maximum term of the
indeterminate sentence is prision mayor in its
maximum period, that is 10 years and 1 day to The benefits of the law shall not be
12 years but the minimum is the same – any extended to those:
range within prision correccional.
1. Sentenced to serve a maximum
EXCEPTIONS TO THE of imprisonment of more than six
APPLICATION OF THE ISLAW (6) years.
2. Convicted of subversion or any
The ISLAW shall not apply to: crime against national security or
public order.
1. Persons convicted of offenses 3. Who have previously been
punished with death penalty or convicted by final judgment of an
life imprisonment; offense punished by
2. Those convicted of treason, imprisonment of not less than
conspiracy or proposal to commit one (1) month and one (1) day
treason, misprision of treason, and/or a fine of not more than
rebellion, sedition or espionage (should be not less than)
or piracy; P200.00.
3. Those who are habitual 4. Who have been once on
delinquents; probation.
4. Those who shall have escaped 5. Who are already serving
from confinement or evaded sentence at the time the
sentence; substantive provisions of this
5. Those who violated the Decree became applicable.
conditional pardon granted by the 6. When the accused is convicted
Chief Executive; under R.A. 9165, except when he
6. Those whose maximum term of is a first offender minor in which
imprisonment does not exceed case he is eligible for probation
one (1) year; even if the penalty imposed is
7. Those already sentenced by final more than 6 years. However, if
judgment at the time of the he is convicted of drug trafficking
approval of the Act. or pushing he is disqualified.
7. If accused appeals his conviction
PROBATION irrespective of the purpose of the
appeal even if it is only to
Probation is a disposition under
which a defendant, after conviction
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Bachelor of Laws - Manila Law College
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question the propriety of the
penalty imposed.
8. Conviction of an election offense
under the Revised Election Code.
CONDITIONS OF PROBATION
Every probation order issued by the
court shall contain the following
conditions:
1. That probationer shall present
himself to his designated
supervising probation officer
within 72 hours from receipt of
the order.
2. He shall report to the probation
officer at least once a month at
such time and place specified in
the order.
Title IV
EXTINCTION OF CRIMINAL
LIABILITY: TOTAL AND PARTIAL
TOTAL EXTINGUISHMENT
1. DEATH OF THE CONVICT – if the
accused dies, at whatever stage of
the case, personal penalty is totally
and permanently extinguished. With
respect to pecuniary liabilities like
fine or costs of the proceedings, they
are extinguished only when the
death of the offender occurs before
final judgment. With respect to civil
liability of the accused, if he dies
after the judgment has become final,
the same is not extinguished and it
can be enforced against the estate of
the deceased. If he dies however
before promulgation of sentence, or
even after, but the same is not yet
final, on account of an appeal or a
motion for reconsideration duly filed,
the civil liability is also extinguished.
2. SERVICE OF THE SENTENCE –
when the accused has fully served
his sentence, his personal or criminal
liability is to be considered
permanently terminated.
3. AMNESTY – is a sovereign act of
oblivion for past acts, granted by the
Government to a certain class of
persons, charged or guilty of crime,
usually politically offenses, and often
conditioned upon their return to
obedience and duty within a
prescribed time. The Chief
Executive has the power to grant
amnesty but with the concurrence of
Congress. Amnesty looks backward
and abolishes and puts into oblivion
the offense itself; it so overlooks and
obliterates the offense with which he
is charged that the person released
by amnesty stands before the law
precisely as though he had
committed no offense.
4. ABSOLUTE PARDON – is an act of
grace which exempts the individual
on whom it is bestowed from the
punishment the law inflicts for the
crime he has committed. Pardon, to
be considered as a mode of
extinction of criminal liability should
be pardon by the President of the
Philippines and not pardon by the
offended party which only
extinguishes civil liability. Pardon by
the offended party, however, in
cases of adultery, concubinage,
rape, acts of lasciviousness,
seduction or abduction when granted
before the institution of the criminal
action also extinguishes criminal
liability.
5. PRESCRIPTION OF THE CRIME –
it is the forfeiture or loss of the right
of the State to prosecute the
offender or file criminal action after
the lapse of a certain period of time.
Crimes punishable by death,
reclusion perpetua or reclusion
temporal shall prescribe in twenty
(20) years; those punishable by
other afflictive penalties (like prision
mayor), in fifteen (15) years; and
those by correctional penalty, in ten
(10) years except those by arresto
mayor which shall prescribe in five
(5) years; while grave oral
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defamation and grave slander by
deed prescribe in six (6) months.
Light offenses shall prescribe in two
(2) months. When the penalty
imposable is a compound one, the
highest penalty shall be made the
basis of the application of the rules
on prescription. The period of
prescription shall commence to run
from the day of discovery of the
crime by the offended party, the
authorities or their agents. The
period shall be interrupted by the
filing of the complaint or information,
and shall commence to run again
when such proceedings terminate
without the accused being convicted
or acquitted, or are unjustifiably
stopped for any reason not
imputable to him.
6. PRESCRIPTION OF THE PENALTY
– it is the loss or forfeiture of the right
of the State to execute the final
sentence of conviction after the
lapse of a certain period of time.
7. MARRIAGE OF THE OFFENDED
WOMAN AS PROVIDED FOR IN
ART. 344 – in cases of Seduction,
Abduction, Rape and Acts of
Lasciviousness (SARA), the
marriage of the offender with the
offended party shall extinguish the
criminal action or remit the penalty
already imposed upon him. This is
also applicable to the co-principals,
accomplices and accessories after
the fact of the above-named crimes.
The marriage must be entered into in
good faith, and if undertaken only to
avoid criminal prosecution, such
marriage does not result in the
extinction of penal liability. If done in
good faith, however, the marriage
benefits the accessory or accomplice
even if he is already serving
sentence. The extinction of penal
liability, however, does not apply in
the case of multiple rape.
PARTIAL EXTINGUISHMENT
1. Conditional pardon
2. Commutation of the sentence
3. Good conduct allowances which the
culprit may earn while serving
sentence.
Title V
CIVIL LIABILITY
 For the crimes committed by minors
and insane persons who are exempt
from criminal liability, the civil liability
shall devolve upon those having
legal authority or control over them,
unless it appears that there was no
fault or negligence on their part or
that they are insolvent, in which
case, the property of the minor or the
insane shall be liable, excepting
property exempt from execution.
This is thus a direct and primary
liability of the parents or guardian.
 In default of the persons criminally
liable, innkeepers, tavern-keepers
and any other persons or
corporations shall be civilly liable for
the crimes committed in their
establishments, in all cases where a
violation of municipal ordinances or
some general or special police
regulations shall have been
committed by them or their
employees.
 The same rule applies to employers,
teachers, or persons engaged in any
kind of industry, for felonies
committed by their servants, pupils,
workmen, apprentices, or employees
in the discharge of their duties.