CRIMINAL LAW - that branch or division of law which defines crimes, treats of their nature and

provides for their punishment.

Article 1. Time when Act takes effect. - This Code shall take effect on the first day of January,
nineteen hundred and thirty-two.
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CHARACTERISTICS OF CRIMINAL LAW

1. GENERAL - it is binding on all persons who live or sojourn in the Philippine territory (Art. 14,
NCC)

EXCEPTIONS:
a) Treaty stipulations
b) Laws of preferential application
c) Principles of Public International Law.

The following persons are exempted:

a. Sovereigns and other chief of d. plenipotentiary,
state e. minister resident,
b. Ambassadors, f. and charges d’affaires.
c. ministers,

 Consuls, vice-consuls and other commercial representatives of foreign nation cannot claim the
privileges and immunities accorded to ambassadors and ministers.

2. TERRITORIAL – penal laws of the Philippines are enforceable only within its territory.

EXCEPTIONS: (Art. 2, RPC) i.e., enforceable even outside Philippine territory.

1) Offense committed while on a Philippine ship or airship

2) Forging or counterfeiting any coin or currency note of the Philippines or obligations and
securities issued by the Government.
3) Introduction into the country of the above-mentioned obligations and securities.
4) While being public officers or employees should commit an offense in the exercise of their
functions.
5) Should commit any of the crimes against national security and the law of nations defined in
Title One of Book Two.

EXCEPTION TO THE EXCEPTION: Penal laws not applicable within or without Philippine territory
if so provided in treaties and laws of preferential application. (Art.2, RPC)

3. PROSPECTIVE

GENERAL RULE: Penal laws cannot make an act punishable in a manner in which it was not
punishable when committed.

EXCEPTION: (it may be applied retroactively) When the new law is favorable to the accused.

EXCEPTION TO THE EXCEPTION

a) The new law is expressly made inapplicable to pending actions or existing causes of actions.

b) Offender is a habitual criminal.

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LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS:

1. No ex post facto law shall be enacted

2. No bill of attainder shall be enacted
3. No law that violates equal protection clause of the constitution shall be enacted
4. No law which imposes cruel and unusual punishments nor excessive fines shall be enacted.

THEORIES IN CRIMINAL LAW

1. Classical Theory - basis of criminal liability is human free will. Under this theory, the purpose of
penalty is retribution. The RPC is generally governed by this theory.

2. Positivist Theory – basis of criminal liability is the sum of the social and economic phenomena to
which the actor is exposed wherein prevention and correction is the purpose of penalty. This
theory is exemplified in the provisions regarding impossible crimes and habitual delinquency.

3. Eclectic or Mixed Theory – combination of positivist and classical thinking wherein crimes that are
economic and social in nature should be dealt in a positive manner; thus, the law is more
compassionate.

PRELIMINARY TITLE
ART. 2 – APPLICATION OF ITS PROVISIONS
Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of
its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined
in Title One of Book Two of this Code.

RULES ON VESSELS:

1.) Philippine vessel or aircraft.

 Must be understood as that which is registered in the Philippine Bureau of Customs.

2.) On Foreign Merchant Vessels

 ENGLISH RULE: Crimes committed aboard a vessel within the territorial waters of a country are
triable in the courts of such country.

EXCEPTION: When the crimes merely affect things within the vessel or when they only refer to the
internal management thereof.

 FRENCH RULE:
GENERAL RULE: Crimes committed aboard vessel within the territorial waters of a country are
not triable in the courts of said country.

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 EXCEPTION: When their commission affects the peace and security of the territory or when the
safety of the state is endangered.

 In the Philippines, we follow the English Rule.

 In the case of a foreign warship, the same is not subject to territorial laws.

ART. 3 – FELONIES
Article 3. Definition. - 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.
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Felonies – are acts or omissions punishable by the RPC.

ELEMENTS OF FELONIES (GENERAL)

1. there must be an act or omission ie, there must be external acts.

2. the act or omission must be punishable by the RPC.
3. the act is performed or the omission incurred by means of dolo or culpa.

“NULLUM CRIMEN, NULLA POENA SINE LEGE”

There is no crime where there is no law punishing it.
CLASSIFICATION OF FELONIES ACCORDING TO THE MEANS BY WHICH THEY ARE
COMMITTED:

1. Intentional Felonies – the act is performed with deliberate intent or malice.

Requisites of DOLO or MALICE:

a. Freedom b. Intelligence c. Criminal Intent

Mistake of Fact – is a misapprehension of fact on the part of the person causing injury to another.
Such person is not criminally liable as he acted without criminal intent.

Requisites of mistake of fact as a defense:

a. That the act done would have been lawful had the facts been as the accused believed them
to be.
b. That the intention of the accused in performing the act should be lawful.
c. That the mistake must be without fault or carelessness on the part of the accused.

2. Culpable Felonies - performed without malice.

Requisites of CULPA:

a. Freedom
b. Intelligence
c. Negligence and Imprudence

REASON FOR PUNSHING ACTS OF NEGLIGENCE: A man must use common sense and exercise
due reflection in all his acts; it is his duty to be cautious, careful and prudent.

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Mala Prohibita - the class of crimes punishable by SPECIAL LAWS and where criminal intent is not,
as a rule, necessary, it being sufficient that the offender has the intent to perpetrate the act prohibited
by the special law.

MALA IN SE vs. MALA PROHIBITA

MALA IN SE MALA PROHIBITA
1. As to moral trait of The moral trait is considered. Liability The moral trait of the offender is not
the offender will arise only when there is dolo or considered. It is enough that the
culpa. prohibited act was voluntarily done.
2. As to use of good Good faith or lack of criminal intent is a Good faith is not a defense.
faith as a defense valid defense; unless the crime is the
result of culpa.
3. As to degree of The degree of accomplishment of the The act gives rise to a crime only when it
accomplishment of the crime is taken into account in punishing is consummated.
crime the offender.
4. As to mitigating and Mitigating and aggravating Mitigating and aggravating
aggravating circum- circumstances are taken into account in circumstances are generally not taken
stances imposing the penalty. into account.
5. As to degree of When there is more than one offender, Degree of participation is generally not
participation the degree of participation of each in the taken into account. All who participated
commission of the crime is taken into in the act are punished to the same extent.
account.
6. As to what laws are Violation of the RPC (General rule) Violation of Special Laws (General rule)
violated

Intent distinguished from Motive

INTENT
1. Is the purpose to use a particular means to effect
such result
2. Is an element of the crime, except in
unintentional felonies (culpable)
3. Is essential in intentional felonies
MOTIVE
1. Is the moving power which impels one to act
2. Is NOT an element of the crime
3. Is essential only when the identity of the
perpetrator is in doubt

ART. 4 – CRIMINAL LIABILITY

Article 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.

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PAR. 1 - Criminal Liability for a felony different from that intended to be committed

REQUISITES:

a) That an intentional felony has been committed.

b) That the wrong done to the aggrieved party be the direct, natural and logical consequence of the
felony committed.

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PROXIMATE CAUSE – that cause, which, in the natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury without which the result would not have occurred.

Thus, the person is still criminally liable in:

1. Error in personae- mistake in the identity of the victim.

2. Abberatio ictus – mistake in the blow.
3. Praeter intentionem – lack of intent to commit so grave a wrong.

PAR. 2 (IMPOSSIBLE CRIME)

REQUISITES:

a) That the act performed would be an offense against persons or property.

b) That the act was done with evil intent.
c) That its accomplishment is inherently impossible, or that the means employed is either inadequate
or ineffectual.
d) That the act performed should not constitute a violation of another provision of the RPC.
--------------------------------

ART.5 – EXCESSIVE PENALTIES

Article 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 penal legislation.
In the same way the court shall submit to the Chief Executive, through the Department of
Justice, such statement as may be deemed proper, without suspending the execution of the sentence,
when a strict enforcement of the provisions of this Code would result in the imposition of a clearly
excessive penalty, taking into consideration the degree of malice and the injury caused by the
offense.

ART. 6 – CONSUMMATED, FRUSTRATED & ATTEMPTED FELONIES

Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as those
which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the acts of execution
which would produce the felony as a consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly by
overt acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous desistance.

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STAGES OF EXECUTION:

1. CONSUMMATED FELONY
 When all the elements necessary for its execution and accomplishment are present.

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2. FRUSTRATED FELONY

ELEMENTS:

a) The offender performs all the acts of execution.

b) All the acts performed would produce the felony as a consequence.
c) But the felony is not produced.
d) By the reason of causes independent of the will of the perpetrator.
WHAT CRIMES DO NOT ADMIT OF FRUSTRATED STAGE?

1) Rape
2) Bribery
3) Corruption of Public Officers
4) Adultery
5) Physical Injury

3. ATTEMPTED FELONY

ELEMENTS:

a) The offender commences the commission of the felony directly by overt acts.
b) He does not perform all the acts of execution which should produce the felony.
c) The offender’s acts are not stopped by his own spontaneous desistance.

DESISTANCE - is an absolutory cause which negates criminal liability because the law encourages a
person to desist from committing a crime.

- this is applicable only in the attempted stage.

OVERT ACTS – Some physical activity or deed, indicating intention to commit a particular crime,
more than a mere planning or preparation, which if carried to its complete termination following its
natural course, without being frustrated by external obstacles, nor by voluntary desistance of the
perpetrator will logically ripen into a concrete offense.

INDETERMINATE OFFENSE: One where the purpose of the offender in performing an act is not
certain. The accused maybe convicted for a felony defined by the acts performed by him up to the time
of desistance.

2 STAGES IN THE DEVELOPMENT OF A CRIME:

1) Internal acts

 Such as mere ideas in the mind of person.

 Not punishable.

2) External acts cover:

a) Preparatory acts - ordinarily not punished except when considered by law as independent
crimes (e.g. Art. 304, Possession of picklocks and similar tools)

b) Acts of Execution - punishable under the RPC

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 ART. 7 – LIGHT FELONIES

Article 7. When light felonies are punishable. - Light felonies are punishable only when they have
been consummated, with the exception of those committed against person or property.

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 Light Felonies are punishable only when they have been consummated

EXCEPT: If committed against persons or property, punishable even if not consummated.

 Only principals and accomplices are liable, accessories are not liable even if committed against
persons or property.

ART. 8 – CONSPIRACY AND PROPOSAL TO COMMIT FELONY

Article 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.
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REQUISITES OF CONSPIRACY

1. That 2 or more persons came to an agreement.

2. That the agreement pertains to the commission of a felony.
3. That the execution of the felony was decided upon.

2 CONCEPTS OF CONSPIRACY

1. Conspiracy as a crime by itself.

EXAMPLE: conspiracy to commit rebellion or insurrection, treason, sedition.

2. Conspiracy as a means of committing a crime

a) There is a previous and express agreement;

b) The participants acted in concert or simultaneously which is indicative of a meeting of the
minds towards a common criminal objective. There is an implied agreement.

GENERAL RULE: Mere conspiracy or proposal to commit a felony is not punishable since they are
only preparatory acts

EXCEPTION: in cases in which the law specially provides a penalty therefor, such as in treason, coup
d’etat, and rebellion or insurrection

“The act of one is the act of all”

GENERAL RULE: When conspiracy is established, all who participated therein, irrespective of the
quantity or quality of his participation is liable equally, whether conspiracy is pre-planned or
instantaneous. EXCEPTION: Unless one or some of the conspirators committed some other crime
which is not part of the intended crime.

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EXCEPTION TO THE EXCEPTION: When the act constitutes a “single indivisible offense”.

 Conspiracy may be inferred when two or more persons proceed to perform overt acts towards the
accomplishment of the same felonious objective, with each doing his act, so that their acts though
seemingly independent were in fact connected, showing a common design.

 These overt acts must consist of:

- active participation in the actual commission of the crime itself, or

- moral assistance to his co-conspirators by being present at the time of the commission of the
crime, or
- exerting a moral ascendance over the other co-conspirators by moving them to execute or
implement the criminal plan (PEOPLE vs. ABUT, et al., GR No. 137601, April 24, 2003)

REQUISITES OF PROPOSAL:

1. That a person has decided to commit a felony; and

2. That he proposes its execution to some other person or persons.

ART. 9 – CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY

Article 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those to which
the law attaches the capital punishment or penalties which in any of their periods are afflictive, in
accordance with article 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with the above-mentioned article.
Light felonies are those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos or both, is provided.
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Importance of Classification

1. To determine whether these felonies can be complexed or not.

2. To determine the prescription of the crime and the prescription of the penalty.

Grave felonies – are those to which the law attaches the capital punishment or penalties which in any
of their periods are afflictive, in accordance with Art. 25 of the Code.

Less grave felonies – are those which the law punishes with penalties which in their maximum period
are correctional, in accordance with Art. 25 of the Code.

Light felonies – are those infractions of law for the commission of which the penalty of arresto menor or
a fine not exceeding 200 pesos, or both, is provided.

ART. 10 – OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE RPC

Article 10. Offenses not subject to the provisions of this Code. - Offenses which are or in the future
may be punishable under special laws are not subject to the provisions of this Code. This Code shall
be supplementary to such laws, unless the latter should specially provide the contrary.
--------------------------
GENERAL RULE: RPC provisions are supplementary to special laws.

EXCEPTION:

1. Where the special law provides otherwise; and

2. When the provisions of the RPC are impossible of application, either by express provision or by
necessary implication.

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 Thus, when the special law adopts the penalties imposed in the RPC, such as reclusión perpetua or
reclusión temporal, the provisions of the RPC on imposition of penalties based on stage of execution,
degree of participation, and attendance of mitigating and aggravating circumstances may be applied
by necessary implication.

Chapter Two: Justifying Circumstances and Circumstances Which Exempt from Criminal Liability
(Arts. 11-12)

ART. 11. JUSTIFYING CIRCUMSTANCES

JUSTIFYING CIRCUMSTANCES – are those where the act of a person is said to be in accordance with
law, so that such person is deemed not to have transgressed the law and is free from both criminal and
civil liability. There is no civil liability, except in par. 4 of Art. 11, where the civil liability is borne by
the persons benefited by the act.

Article 11. Justifying circumstances. - The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of the person defending himself.

2. Any one who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by
affinity in the same degrees, and those by consanguinity within the fourth civil degree,
provided that the first and second requisites prescribed in the next preceding circumstance
are present, and the further requisite, in case the provocation was given by the person
attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first
and second requisites mentioned in the first circumstance of this article are present and
that the person defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does an act which causes damage to
another, provided that the following requisites are present;
First. That the evil sought to be avoided actual exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.

1. SELF- DEFENSE

REQUISITES:

a) Unlawful aggression (condition sine qua non);

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.

UNLAWFUL AGGRESSION

- is equivalent to an actual physical assault or, at least

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 - threatened assault of an immediate and imminent kind which is offensive and positively
strong, showing the wrongful intent to cause injury.

TEST OF REASONABLENESS – the means employed depends upon the nature and quality of the:

(1) weapon used by the aggressor, and

(2) his physical condition, character, size and other circumstances,
(3) and those of the person defending himself,
(4) and also the place and occasion of the assault.

 Perfect equality between the weapons used by the one defending himself and that of the aggressor
is not required or material commensurability between the means of attack and defense.

REASON: Because the person assaulted does not have sufficient tranquility of mind to think and to
calculate.

Rights included in self-defense:

Self-defense includes not only the defense of the person or body of the one assaulted but also that of
his rights, the enjoyment of which is protected by law. Thus, it includes:

1. The right to honor. Hence, a slap on the face is considered as unlawful aggression directed against
the honor of the actor (People vs. Sabio, 19 SCRA 901).

2. The defense of property rights, only if there is also an actual and imminent danger on the person
of the one defending ( People vs Narvaez, 121 SCRA 389).

“Stand ground when in the right” - the law does not require a person to retreat when his assailant is
rapidly advancing upon him with a deadly weapon.

Under Republic Act 9262, known as the Anti- Violence against Women and their Children Act of
2004:

Victim-survivors who are found by the courts to be suffering from Battered Woman Syndrome
do not incur any criminal or civil liability notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the RPC. (Sec. 26, R.A. No. 9262) The law provides for an additional
justifying circumstance.

Battered Woman Syndrome – refers to a scientifically defined pattern of psychological and

behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.

Battery – refers to any act of inflicting physical harm upon the woman or her child resulting
to physical and psychological or emotional distress.

2. DEFENSE OF RELATIVES

REQUISITES:

1. Unlawful Aggression;
2. Reasonable necessity of the means employed to prevent or repel it; and
3. In case the provocation was given by the person attacked, the one making the defense had no
part therein.

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RELATIVES THAT CAN BE DEFENDED:

1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same
degrees.
5. Relatives by consanguinity within the fourth civil degree.

3. DEFENSE OF STRANGER

REQUISITES:

1. Unlawful Aggression;
2. Reasonable necessity of the means employed to prevent or repel it; and
3. The person defending be not induced by revenge, resentment or other evil motive.

4. AVOIDANCE OF GREATER EVIL OR INJURY

REQUISITES:

1. That the evil sought to be avoided actually exists:

2. That the injury feared be greater than that done to avoid it; and
3. There be no other practical and less harmful means of preventing it.

 No civil liability except when there is another person benefited in which case the latter is the one
liable.

 Greater evil must not be brought about by the negligence or imprudence or violation of law by the
actor.

5. FULFILLMENT OF DUTY; OR LAWFUL EXERCISE OF RIGHT OR OFFICE.

REQUISITES:

1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office;
2. That the injury caused or the offense committed be the necessary consequence of the due
performance of duty or the lawful exercise of such right or office.

6. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE.

REQUISITES:

1. That an order has been issued by a superior.

2. That such order must be for some lawful purpose
3. That the means used by the subordinate to carry out said order is lawful.

 Subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is
not negligent.
ART. 12. EXEMPTING CIRCUMSTANCES

Exempting Circumstances (or the circumstances for non-imputability) – are those grounds for
exemption from punishment, because there is wanting in the agent of the crime any of the conditions
which makes the act voluntary, or negligent.

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Article 12. Circumstances which exempt from criminal liability. - The following are exempt from
criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without first
obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment,
in which case, such minor shall be proceeded against in accordance with the provisions of
article 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformity with
the provisions of this and the preceding paragraph, shall commit him to the care and custody
of his family who shall be charged with his surveillance and education; otherwise, he shall
be committed to the care of some institution or person mentioned in said article 80.
4. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.
5. Any person who acts under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.

BASIS:
The exemption from punishment is based on the complete absence of intelligence, freedom of action,
or intent, or on the absence of negligence on the part of the accused.

JUSTIFYING CIRCUMSTANCE EXEMPTING CIRCUMSTANCE

1. It affects the act not the actor. 1. It affects the actor not the act.

2. The act is considered to have been done within

2. The act complained of is actually wrongful, but the
the bounds of law; hence, legitimate and lawful in
actor is not liable.
the eyes of the law.

3. Since the act complained of is actually wrong there

3. Since the act is considered lawful, there is no
is a crime but since the actor acted without
crime.
voluntariness, there is no dolo nor culpa

4. Since there is no crime, nor a criminal, there is

4. Since there is a crime committed though there is no
also no criminal or civil liability. (except Art. 11,
criminal, there is civil liability.
par. 4)

1. IMBECILITY OR INSANITY

Insanity or imbecility exists when there is a complete deprivation of intelligence or freedom of the will.
 An insane person is not so exempt if it can be shown that he acted during a lucid
interval. But an imbecile is exempt in all cases from criminal liability.

TWO TESTS OF INSANITY:

1. Test of COGNITION – complete deprivation of intelligence in committing the crime.

2. Test of VOLITION – total deprivation of freedom of will.

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 The defense must prove that the accused was insane at the time of the commission of the crime
because the presumption is always in favor of sanity.

 Insanity exists when there is a complete deprivation of intelligence in committing the act. Mere
abnormality of the mental faculties will not exclude imputability. The accused must be "so insane
as to be incapable of entertaining criminal intent." He must be deprived of reason and acting
without the least discernment because there is a complete absence of the power to discern or a total
deprivation of freedom of the will. (PEOPLE vs. ANTONIO, GR No. 144266, November 27, 2002)

2. PERSON UNDER NINE YEARS OF AGE

 An infant under the age of nine years is absolutely and conclusively presumed to be incapable
of committing a crime.

 The phrase “under nine years” should be construed “nine years or less”

3. PERSON OVER NINE YEARS OF AGE AND UNDER 15 ACTING WITHOUT DISCERNMENT.

 Must have acted without discernment.

DISCERNMENT – mental capacity to fully appreciate the consequences of an unlawful act.

Discernment maybe shown by:

a) The manner the crime was committed: or
b) The conduct of the offender after its commission.

4. ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT

 Basis: Lack of negligence or intent.

ELEMENTS:
1. A person is performing a lawful act;
2. With due care;
3. He causes injury to another by mere accident;
4. Without fault or intention of causing it.

5. A PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTABLE FORCE

ELEMENTS:
1. That the compulsion is by means of physical force.
2. That the physical force must be irresistable.
3. That the physical force must come from a third person.

 Basis: complete absence of freedom or voluntariness.

 The force must be so irresistable as to reduce the actor to a mere instrument who act not only
without will but against his will.
6. UNCONTROLLABLE FEAR

ELEMENTS:

1. 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;

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 2. That it promises an evil of such gravity and imminence that the ordinary man would have
succumbed to it.

 Duress as a valid defense should be based on real, imminent, or reasonable fear for one’s life or
limb and should not be speculative, fanciful, or remote fear.

“ACTUS ME INVITO FACTUS NON EST MEUS ACTUS”

An act done by me against my will is not my act.

7. INSUPERABLE CAUSE.

INSUPERABLE CAUSE – some motive which has lawfully, morally or physically prevented a person
to do what the law commands.

ELEMENTS:

1. That an act is required by law to be done.

2. That a person fails to perform such act.
3. That his failure to perform such act was due to some lawful or insuperable cause.

Examples:

a. The municipal president detained the offended party for three days because to take him to the
nearest justice of the peace required a journey for three days by boat as there was no other
means of transportation. (US vs. Vicentillo, 19 Phil. 118)

The distance which required a journey for three days was considered an insuperable cause.

Note: Under the law, the person arrested must be delivered to the nearest judicial authority at
most within 18 hours (now 36 hours, Art. 125 RPC); otherwise, the public officer will be liable
for arbitrary detention.

b. A mother who at the time of childbirth was overcome by severe dizziness and extreme debility,
and left the child in a thicket were said child died, is not liable for infanticide because it was
physically impossible for her to take home the child. (People vs. Bandian, 63 Phil. 530).

The severe dizziness and extreme debility of the woman constitute an insuperable cause.

ABSOLUTORY CAUSES - are those where the act committed is a crime but for reasons of public policy
and sentiment, there is no penalty imposed.

Other absolutory causes:

1. Spontaneous desistance (Art. 6)

2. Accessories who are exempt from criminal liability (Art. 20)
3. Death or physical injuries inflicted under exceptional circumstances (Art. 247)
4. Persons exempt from criminal liability for theft, swindling and malicious mischief (Art. 332)
5. Instigation

 Entrapment is NOT an absolutory cause. A buy-bust operation conducted in connection with illegal
drug-related offenses is a form of entrapment.

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 ENTRAPMENT INSTIGATION
1. Ways and means are resorted to for the capture of 1. Instigator induces the would-be accused to commit
lawbreaker in the execution of his criminal plan. the crime, hence he becomes a co-principal.

2. not a bar to the prosecution and conviction of the 2. it will result in the acquittal of the accused.
lawbreaker

ART.13 MITIGATING CIRCUMSTANCES

MITIGATING CIRCUMSTANCES – those which if present in the commission of the crime, do not
entirely free the actor from criminal liability but serve only to reduce the penalty.

 One single fact cannot be made the basis of more than one mitigating circumstance. Hence, a
mitigating circumstance arising from a single fact, absorbs all the other mitigating circumstances
arising from the same fact.

Article 13. Mitigating circumstances. - The following are mitigating circumstances:

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

BASIS : Diminution of either freedom of action intelligence or intent or on the lesser perversity of the
offender.
CLASSES ORDINARY PRIVILEGED
Source Subsections 1-10 of Art. 13 (RPC) Arts. 68, 69 and 64 of RPC

If not offset (by an aggravating circumstance) it

It operates to reduce the penalty by
will operate to have the penalty imposed at its
As to the effect one to two degrees depending
minimum period, provided the penalty is a
upon what the law provides
divisible one

As to offset May be offset by aggravating circums-tance Cannot be offset

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1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCES

 Applies, when all the requisites necessary to justify the act are not attendant.

 But in the case of “incomplete self-defense, defense of relatives, and defense of a stranger”,
unlawful aggression must be present, it being an indispensable requisite.

2. UNDER 18, OR OVER 70 YEARS OLD

 It is the age of the accused at the time of the commission of the crime which should be
determined. His age at the time of the trial is immaterial.

Legal effects of various ages of offender

1. Nine (9) years of age and below – exempting circumstance. (Art. 12, par. 2)
2. Over 9 but not more than 15 – exempting unless, he acted with discernment in which case
penalty is reduced to at least two (2) degrees lower than that imposed. (Art. 12, par. 3; Art. 68,
par. 1)
3. Above 15 but under 18 - regardless of discernment, penalty is reduced by one (1) degree lower
than that imposed. (Art. 68 par. 2)
4. Minor delinquent under 18 years of age, sentence suspended (Art. 192, PD 603 as amended by
PD 1179)
5. 18 years or over – full criminal responsibility.
6. 70 years or over – mitigating, no imposition of death penalty; if already imposed, execution of
death penalty is suspended and commuted.

 BASIS: diminution of intelligence

3. NO INTENTION TO COMMIT SO GRAVE A WRONG

Rule for the application:

Can be taken into account only when the facts proven show that there is a notable and evident
disproportion between the means employed to execute the criminal act and its consequences.

 Intention may be ascertained by considering:

a) the weapon used

b) the part of the body injured
c) the injury inflicted
 BASIS : Intent is Diminished

4. PROVOCATION OR THREAT

PROVOCATION – any unjust or improper conduct or act of the offended party, capable of exciting,
inciting or irritating any one.

REQUISITES:

1. The provocation must be sufficient.

2. It must originate from the offended party.
3. The provocation must be immediate to the commission of the crime by the person who is
provoked.

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 The threat should not be offensive and positively strong. Otherwise, the threat to inflict real injury
is an unlawful aggression, which may give rise to self-defense.

5. VINDICATION OF GRAVE OFFENSE

REQUISITES:

1. That there be a grave offense done to the one committing the felony, his spouse, ascendants;
descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the
same degrees;

2. That the felony is committed in immediate vindication of such grave offense.

 “Immediate” allows for a lapse of time unlike in sufficient provocation, as long as the offender is
still suffering from the mental agony brought about by the offense to him.

PROVOCATION VINDICATION

1. It is made directly only to the person 1. The grave offense may be committed also against the
committing the felony. offender’s relatives mentioned by law.

2. The cause that brought about the provocation

2. The offended party must have done a grave offense to
need not be a grave offense.
the offender or his relatives mentioned by law.

3. It is necessary that the provocation or threat 3. The vindication of the grave offense may be
immediately preceded the act. proximate, which admits of an INTERVAL of time.

6. PASSION OR OBFUSCATION

It requires that:

1. The accused acted upon an impulse.

2. The impulse must be so powerful that it naturally produced passion or obfuscation in him.

REQUISITES:

1. That there be an act, both unlawful and sufficient to produce such a condition of mind;

2. That said act which produced the obfuscation was not far removed from the commission of the
crime by a considerable length of time, during which the perpetrator might recover his normal
equanimity.

 A mitigating circumstance only when the same arose from lawful sentiments.

 BASIS: Loss of reasoning and self-control, thereby diminishing the exercise of his will power.

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WHEN PASSION OR OBFUSCATION NOT MITIGATING: When committed:

1. In the spirit of lawlessness, or

2. In a spirit of revenge

PASSION/ OBFUSCATION PROVOCATION

- produced by an impulse which may be caused by

- the provocation comes from the injured party.
provocation
- the offense need not be immediate. It is only
-must immediately precede the commission of the
required that the influence thereof lasts until the
crime.
moment the crime is committed

7. SURRENDER AND CONFESSION OF GUILT

REQUISITES OF VOLUNTARY SURRENDER:

1. That the offender had not been actually arrested;

2. That the offender surrendered himself to a person in authority or to the latter’s agent;
3. That the surrender was voluntary.

WHEN SURRENDER VOLUNTARY

A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself
unconditionally to the authorities, either because:

1. he acknowledges his guilt; or

2. he wishes to save them the trouble and expense necessarily incurred in his search and capture.

REQUISITES OF VOLUNTARY PLEA OF GUILTY:

1. That the offender spontaneously confessed his guilt.

2. That the confession of guilt was made in open court, that is, before the competent court that is
to try the case; and

3. That the confession of guilt was made prior to the presentation of evidence for the prosecution.

 BASIS: lesser perversity of the offender.

8. PHYSICAL DEFECT OF OFFENDER

 When the offender is deaf and dumb, blind or otherwise suffering from some physical defect,
restricting his means of action, defense or communication with others.

 The physical defect must relate to the offense committed.

 BASIS: diminution of element of voluntariness.

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9. ILLNESS OF THE OFFENDER

REQUISITES:

1. That the illness of the offender must diminish the exercise of his will-power.

2. That such illness should not deprive the offender of consciousness of his acts.

 Includes illness of the mind not amounting to insanity.

BASIS: diminution of intelligence and intent.

10. SIMILAR AND ANALOGOUS CIRCUMSTANCES

EXAMPLES:

1) Impulse of jealousy, similar to passion and obfuscation.

2) Testifying for the prosecution, analogous to plea of guilty

Chapter Four: Circumstances which Aggravate Criminal Liability (Art. 14)

Aggravating circumstances – are those which, if attendant in the commission of the crime, serve to
have the penalty imposed in its maximum period provided by law for the offense or change the nature
of the crime.

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt of or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due to the offended
party on account of his rank, age, or sex, or that it be committed in the dwelling of the
offended party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive, or in his presence, or
where public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship.
6. That the crime be committed in the nighttime, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic, or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of this Code.
10. That the offender has been previously punished for an offense to which the law attaches
an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, reward, or promise.

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 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding
of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any
other artifice involving great waste and ruin.
13. That the act be committed with evident premeditation.
14. That craft, fraud, or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the
defense.
16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which
the offended party might make.
17. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by a way not intended for the
purpose.
19. That as a means to the commission of a crime a wall, roof, floor, door, or window be
broken.
20. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, motorized watercraft, airships, or other similar means. (As
amended by Rep. Act No. 5438, approved Sept. 9, 1968.)
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commission.

BASIS: They are based on the greater perversity of the offender manifested in the commission of the
felony as shown by:

1. the motivating power itself,

2. the place of the commission,
3. the means and ways employed
4. the time, or
5. the personal circumstances of the offender, or the offended party.

KINDS OF AGGRAVATING CIRCUMSTANCES:

1. Generic – those which apply to all crimes, such as:

a) Advantage taken of public position;

b) Contempt or insult of public authorities;
c) Crime committed in the dwelling of the offended party;
d) Abuse of confidence or obvious ungratefulness;
e) Place where crime is committed;
f) Nighttime, uninhabited place, or band;
g) Recidivism (reincidencia);
h) Habituality (reiteracion);
i) Craft, fraud or disguise;
j) Unlawful entry;
k) Breaking of parts of the house;
l) Use of persons under 15 years of age.

2. Specific – those which apply only to specific crimes, such as ignominy in crimes against chastity
and cruelty and treachery which are applicable only to crimes against persons.

a) Disregard of rank, age or sex due the offended party;

b) Abuse of superior strength or means be employed to weaken the defense;

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 c) Treachery (alevosia);
d) Ignominy;
e) Cruelty;
f) Use of unlicensed firearm in the murder or homicide committed therewith (RA 8294).

3. Qualifying – those that change the nature of the crime.

 Alevosia (treachery) or evident premeditation qualifies the killing of a person to murder.

 Art. 248 enumerates the qualifying aggravating circumstances which quality the killing of
person to murder.

4. Inherent – those which of necessity accompany the commission of the crime, therefore not
considered in increasing the penalty to be imposed, such as:

a) Evident premeditation in robbery, theft, estafa, adultery and concubinage;

b) Abuse of public office in bribery;
c) Breaking of a wall or unlawful entry into a house in robbery with the use of force upon things;
d) Fraud in estafa;
e) Deceit in simple seduction;
f) Ignominy in rape.

5. Special – those which arise under special conditions to increase the penalty of the offense and
cannot be offset by mitigating circumstances, such as:

a) Quasi-recidivism (Art. 160);

b) Complex crimes (Art. 48);
c) Error in personae (Art. 49);
d) Taking advantage of public position and membership in an organized/syndicated crime group
(Par.1[a], Art. 62).

GENERIC AGGRAVATING CIRCUMSTANCE QUALIFYING AGGRAVATING CIRCUMSTANCE

As to its effect
Increases the penalty which should be imposed upon To give the crime its proper and exclusive name and to
the accused to the maximum period but without place the author thereof in such a situation as to
exceeding the limit prescribed by law. deserve no other penalty than that specially prescribed
by law for said crime.

As to whether it can be offset by a mitigating circumstance

May be offset by a mitigating circumstance. Cannot be offset by a mitigating circumstance

RULES ON AGGRAVATING CIRCUMSTANCES

1. Aggravating circumstances shall not be appreciated if:

a) They constitute a crime specially punishable by law, or

b) They are included by the law in defining a crime and prescribing a penalty therefore, shall not
be taken into account for the purpose of increasing the penalty.

EXAMPLE: “That the crime be committed by means of …fire,…explosion” (Art. 14, par. 12) is in itself
a crime of arson (Art. 321) or a crime involving destruction (Art. 324). It is not to be

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 considered to increase the penalty for the crime of arson or for the crime involving
destruction.

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. (Art. 62, par. 2)

3. Aggravating circumstances which arise:

a) From the moral attributes of the offender, or

b) From his private relations with the offended party, or
c) From any personal cause, shall only serve to aggravate the liability of the principals,
accomplices and accessories as to whom such circumstances are attendant. (Art. 62, par. 3)
The circumstances which consist:
a) In the material execution of the act, or
b) In the means employed to accomplish it,
shall serve to aggravate the liability of those persons only who had knowledge of them at the time
of the execution of the act or their cooperation therein. Except when there is proof of conspiracy in
which case the act of one is deemed to be the act of all, regardless of lack of knowledge of the facts
constituting the circumstance. (Art. 62, par. 4)

4. Aggravating circumstances, regardless of its kind, should be specifically alleged in the information
AND proved as fully as the crime itself in order to increase the penalty. (Sec. 9, Rule 110, 2000 Rules
of Criminal Procedure)

5. When there is more than one qualifying aggravating circumstance present, one of them will be
appreciated as qualifying aggravating while the others will be considered as generic aggravating.

ART. 14 – AGGRAVATING CIRCUMSTANCES

Par. 1. – That advantage be taken by the offender of his public position.

 Applicable only when the offender is a public officer.

 The offender must have abused his public position or at least use of the same facilitated the
commission of the offense.
 This circumstance cannot be taken into consideration in offenses where taking advantage of
official position is made by law an integral element of the crime, such as in malversation under
Art. 217, or in falsification of a document committed by public officers under Art. 171.
 Taking advantage of a public position is also inherent in the case of accessories under Art. 19,
par. 3 (harboring, concealing, or assisting in the escape of the principal of the crime), and in
crimes committed by public officers (Arts. 204-245).

Par. 2 – That the crime be committed in contempt of or with insult to the public authorities.

REQUISITES OF THIS CIRCUMSTANCE:

1. That the public authority is engaged in the exercise of his functions.

2. That he who is thus engaged in the exercise of said functions is not the person against whom
the crime is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from committing the criminal act.

Public authority – sometimes also called a person in authority, is a public officer who is directly vested
with jurisdiction, that is, a public officer who has the power to govern and execute the laws; like a
mayor, councilor, governor, barangay captain and barangay chairman.

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 A teacher or professor of a public or recognized private school is not a “public authority within the
contemplation of this paragraph. While he is a person in authority under Art. 152, that status is
only for purposes of Art. 148 (direct assault) and Art. 152 (resistance and disobedience).

Par. 3 – That the act be committed

1. with insult or in disregard of the respect due the offended party on account of his:
(a) rank,
(b) age, or
(c) sex, or

2. that it be committed in the dwelling of the offended party, if the latter has not given provocation.

 The four circumstances enumerated should be considered as one aggravating circumstance only.
 Disregard of rank, age or sex is essentially applicable only to crimes against person or honor. They
are not taken into account in crimes against property.
 To be appreciated as an aggravating circumstance, there must be evidence that in the commission
of the crime, the offender deliberately intended to offend or insult the sex, age and rank of the
offended party.

Rank of the offended party – is the designation or title of distinction used to fix the relative position of
the offended party in reference to others.

- there must be a difference in the social condition of the offender and the offended party.

Age of the offended party – may refer to old age or the tender age of the victim.

Sex of the offended party – refers to the female sex, not to the male sex.

THE AGGRAVATING CIRCUMSTANCE OF DISREGARD OF RANK, AGE, OR SEX IS NOT

APPLICABLE IN THE FOLLOWING CASES:

1. When the offender acted with passion and obfuscation.

2. When there exists a relationship between the offended party and the offender.
3. When the condition of being a woman is indispensable in the commission of the crime. (e.g. in
parricide, abduction, seduction and rape)

 Disregard of sex and age are not absorbed in treachery because treachery refers to the manner of
the commission of the crime, while disregard of sex and age pertains to the relationship of the
victim (People vs. Lapaz, March 31, 1989).

Dwelling – must be a building or structure, exclusively used for rest and comfort. A “combination of a
house and a store” or a market stall where the victim slept is not a dwelling.

- dwelling includes dependencies, the foot of the staircase and enclosure under the house.

 The aggravating circumstance of dwelling requires that the crime be wholly or partly
committed therein or in any integral part thereof.

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 Dwelling does not mean the permanent residence or domicile of the offended party or that he

must be the owner thereof. He must, however, be actually living or dwelling therein even for
a temporary duration or purpose.
 It is not necessary that the accused should have actually entered the dwelling of the victim to
commit the offense; it is enough that the victim was attacked inside his own house, although
the assailant may have devised means to perpetrate the assault from without.
WHAT AGGRAVATES THE COMMISSION OF THE CRIME IN ONE’S DWELLING:

1. The abuse of confidence which the offended party reposed in the offender by opening the door
to him; or

2. The violation of the sanctity of the home by trespassing therein with violence or against the
will of the owner.

MEANING OF PROVOCATION IN THE AGGRAVATING CIRCUMSTANCE OF DWELLING:

The provocation must be:

1. Given by the owner of the dwelling,

2. Sufficient, and
3. Immediate to the commission of the crime.

 If all these conditions are present, the offended party is deemed to have given the provocation,
and the fact that the crime is committed in the dwelling of the offended party is not an
aggravating circumstance.

REASON: When it is the offended party who has provoked the incident, he loses his right to
the respect and consideration due him in his own house.

DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES:

1. When both the offender and the offended party are occupants of the same house, and this is true
even if offender is a servant in the house.

 EXCEPTION: In case of adultery in the conjugal dwelling, the same is aggravating. However,
if the paramour also dwells in the conjugal dwelling, the applicable aggravating circumstance
is abuse of confidence.

2. When robbery is committed by the use of force upon things, dwelling is not aggravating because it
is inherent.

 But dwelling is aggravating in robbery with violence against or intimidation of persons because
this class of robbery can be committed without the necessity of trespassing the sanctity of the
offended party’s house.

3. In the crime of trespass to dwelling, it is inherent or included by law in defining the crime.

4. When the owner of the dwelling gave sufficient and immediate provocation.

 There must exist a close relation between the provocation made by the victim and the
commission of the crime by the accused.

5. The victim is not a dweller of the house.

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Par. 4. – That the act be committed with

a) abuse of confidence or
b) obvious ungratefulness.

 Par. 4 provides two aggravating circumstances which, if present in the same case and must be
independently appreciated.

 While one may be related to the other in the factual situation in the case, they cannot be lumped
together as abuse of confidence requires a special confidential relationship between the offender and
the victim, but this is not so in ungratefulness.

REQUISITES OF ABUSE OF CONFIDENCE:

1. That the offended party had trusted the offender.

2. That the offender abused such trust by committing a crime against the offended party.
3. That the abuse of confidence facilitated the commission of the crime.
 Abuse of confidence is inherent in malversation (Art. 217), qualified theft (Art. 310), estafa by
conversion or misappropriation (Art. 315), and qualified seduction (Art. 337).

REQUISITES OF OBVIOUS UNGRATEFULNESS

1. That the offended party had trusted the offender;

2. That the offender abused such trust by committing a crime against the offended party.
3. That the act be committed with obvious ungratefulness.

 The ungratefulness contemplated by par. 4 must be such clear and manifest ingratitude on the part
of the accused.

Par. 5 – That the crime be committed

a) in the palace of the Chief Executive, or in his presence, or

b) where public authorities are engaged in the discharge of their duties, or
c) in a place dedicated to religious worship.

 Except for the third which requires that official functions are being performed at the time of the
commission of the crime, the other places mentioned are aggravating per se even if no official duties
or acts of religious worship are being conducted there.

 Cemeteries, however respectable they may be, are not considered as place dedicated to the worship
of God.

PAR. 5. Where public authorities are engaged in the PAR. 2. Contempt or insult to public authorities
discharge of their duties

IN BOTH
Public authorities are in the performance of their duties

Place where public duty is performed

In their office. Outside of their office.

The offended party

May or may not be the public authority Public authority should not be the offended party

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Par. 6. – That the crime be committed

a. in the nighttime, or
b. in an uninhabited place, or
c. by a band, whenever such circumstance may facilitate the commission of the offense.

 When present in the same case and their element are distinctly palpable and can subsist
independently, they shall be considered separately.

WHEN NIGHTTIME, UNINHABITED PLACE OR BAND AGGRAVATING:

1. When it facilitated the commission of the crime; or

2. When especially sought for by the offender to insure the commission of the crime or for the
purpose of impunity; or
3. When the offender took advantage thereof for the purpose of impunity.

Nighttime (obscuridad) – that period of darkness beginning at end of dusk and ending at dawn. Nights
are from sunset to sunrise.

 It is necessary that the commission of the crime was begun and completed at nighttime.

 When the place of the crime is illuminated by light, nighttime is not aggravating.

GENERAL RULE: Nighttime is absorbed in treachery.

EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided
upon in the same case, they can be considered separately if such circumstances have different factual
bases. Thus:

 In People vs. Berdida, et. al. (June 30, 1966), nighttime was considered since it was purposely
sought, and treachery was further appreciated because the victim’s hands and arms were tied
together before he was beaten up by the accused.

 In People vs. Ong, et. al. (Jan. 30, 1975), there was treachery as the victim was stabbed while
lying face up and defenseless, and nighttime was considered upon proof that it facilitated the
commission of the offense and was taken advantage of by the accused.

Uninhabited place (despoblado) – one where there are no houses at all; a place at a considerable
distance from town, or where the houses are scattered at a great distance from each other.

 What actually determines whether this aggravating circumstance should be considered against the
accused, aside from the distance and isolation of the place, is the reasonable possibility of the victim
receiving or securing aid from third persons.

Band (en cuadrilla) – whenever more than three (i.e., at least four) armed malefactors shall have acted
together in the commission of an offense, it shall be deemed committed by a band.

 The requisite four armed persons contemplated in this circumstance must all be principals by
direct participation who acted together in the execution of the acts constituting the crime.

If one of them was a principal by inducement, there would be no cuadrilla but the
aggravating circumstance of having acted with the aid of armed men may be considered
against the inducer if the other two acted as his accomplice.

 This aggravating circumstance is absorbed in the circumstance of abuse of superior strength.

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  This aggravating circumstance is not applicable in crimes against chastity.

Par. 7 – That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.

REASON FOR THE AGGRAVATION:

The debased form of criminality met in one who, in the midst of a great calamity, instead of
lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune to despoil
them. Therefore it is necessary that the offender took advantage of the calamity or misfortune.

Par. 8 – That the crime be committed with the aid of

a. armed men or
b. persons who insure or afford impunity.

REQUISITES:

1. That armed men or persons took part in the commission of the crime, directly or indirectly.

2. That the accused availed himself of their aid or relied upon them when the crime was committed.

 This aggravating circumstance requires that the armed men are accomplices who take part in
that minor capacity directly or indirectly, and not when they were merely present at the crime
scene. Neither should they constitute a band, for then the proper aggravating circumstance
would be cuadrilla.

WHEN THIS AGGRAVATING CIRCUMSTANCE SHALL NOT BE CONSIDERED:

1. When both the attacking party and the party attacked were equally armed.
2. When the accused as well as those who cooperated with him in the commission of the crime
acted under the same plan and for the same purpose.

Par. 6 “By a band” Par. 8. “With the aid of armed men”

As to their number
Requires more than three armed malefactors (i.e., at
At least two
least four)
As to their action
Requires that more than three armed malefactors shall This circumstance is present even if one of the
have acted together in the commission of an offense. offenders merely relied on their aid, for actual aid is
not necessary.

 If there are four armed men, aid of armed men is absorbed in employment of a band. If there are
three armed men or less, aid of armed men may be the aggravating circumstance.

 “Aid of armed men” includes “armed women.”

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Par. 9 – That the accused is a recidivist.

REQUISITES:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of another crime;
3. That both the first and the second offenses are embraced in the same title of the Code;
4. That the offender is convicted of the new offense.

MEANING OF “at the time of his trial for one crime.”

It is employed in its general sense, including the rendering of the judgment. It is meant to include
everything that is done in the course of the trial, from arraignment until after sentence is announced by
the judge in open court.

 Being an ordinary aggravating circumstance, recidivism affects only the periods of a penalty,
except in prostitution and vagrancy (Art. 202) and gambling (PD 1602) wherein recidivism
increases the penalties by degrees. No other generic aggravating circumstance produces this effect.

 In recidivism it is sufficient that the succeeding offense be committed after the commission of the
preceding offense provided that at the time of his trial for the second offense, the accused had
already been convicted of the first offense.

 If both offenses were committed on the same date, they shall be considered as only one, hence, they
cannot be separately counted in order to constitute recidivism. Also, judgments of convicted
handed down on the same day shall be considered as only one conviction.

REASON: Because the Code requires that to be considered as separate convictions, at the time of
his trial for one crime the accused shall have been previously convicted by final judgment of the
other.

 To prove recidivism, it is necessary to allege the same in the information and to attach thereto
certified copy of the sentences rendered against the accused.

 Recidivism must be taken into account no matter how many years have intervened between the
first and second felonies.

 Even if the accused was granted a pardon for the first offense, but he commits another felony
embraced in the same title of the Code, the first conviction is still counted to make him a recidivist
since pardon does not obliterate the fact of his prior conviction.

The rule is different in the case of amnesty which theoretically considers the previous
transgressions as not punishable.

Par. 10 – That the offender has been previously punished for an offense to which the law attaches an
equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

REQUISITES of REITERACION or HABITUALITY:

1. That the accused is on trial for an offense;
2. That he previously served sentence for another offense to which the law attaches an
a) Equal or
b) Greater penalty, or
c) For two or more crimes to which it attaches a lighter penalty than that for the new offense;
and
3. That he is convicted of the new offense

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 REITERACION RECIDIVISM
As to the first offense
It is necessary that the offender shall have served out It is enough that a final judgment has been rendered in
his sentence for the first offense the first offense.

As to the kind of offenses involved

The previous and subsequent offenses must not be Requires that the offenses be included in the same title
embraced in the same title of the Code. of the Code.

THE FOUR FORMS OF REPETITION ARE:

1. Recidivism (par. 9, Art. 14) – where a person, on separate occasions, is convicted of two offenses
embraced in the same title in the RPC. This is a generic aggravating circumstance.

2. Reiteracion or habituality (par. 10, Art. 14) – where the offender has been previously punished for
an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches
a lighter penalty. This is a generic aggravating circumstance.

3. Multi-recidivism or habitual delinquency (Art. 62, par, 5) – where a person within a period of ten
years from the date of his release or last conviction of the crimes of serious or less serious physical
injuries, robbery, theft, estafa or falsification, is found guilty of the said crimes a third time or oftener.
This is an extraordinary aggravating circumstance.

4. Quasi-recidivism (Art. 160) – Where a person commits felony before beginning to serve or while
serving sentence on a previous conviction for a felony. This is a special aggravating circumstance.

 Since reiteracion provides that the accused has duly served the sentence for his previous
conviction/s, or is legally considered to have done so, quasi-recidivism cannot at the same
time constitute reiteracion, hence this aggravating circumstance cannot apply to a quasi-
recidivist.

 If the same set of facts constitutes recidivism and reiteracion, the liability of the accused
should be aggravated by recidivism which can easily be proven.

Par. 11 – That the crime be committed in consideration of a price, reward or promise.

 When this aggravating circumstance is present, there must be two or more principals, the one
who gave or offered the price or promise and the one who accepted it, both of whom are
principals.

 If without previous promise it was given voluntarily after the crime had been committed as an
expression of his appreciation for the sympathy and aid shown by the other accused, it should
not be taken into consideration for the purpose of increasing the penalty.

 The price, reward or promise need not consist of or refer to material things or that the same were
actually delivered, it being sufficient that the offer made by the principal by inducement be
accepted by the principal by direct participation before the commission of the offense.
Par. 12 – That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice
involving great waste and ruin.

 When another aggravating circumstance already qualifies the crime, any of these aggravating
circumstances shall be considered as generic aggravating circumstance only.

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  A killing committed through any of these qualifies the crime to murder, except if arson was
resorted to but without intent to kill, in view of P.D. 1613 which provides a specific penalty for
that situation.

PAR. 12 “by means of inundation, fire, etc.” PAR. 10 “on the occasion of a conflagration,
shipwreck, etc.

The crime is committed by means of any such acts The crime is committed on the occasion of a calamity
involving great waste or ruin. or misfortune.

Par. 13 – That the act be committed with evident premeditation

REQUISITES:
The prosecution must prove –
1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his determination; and
3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon
the consequences of his act and to allow his conscience to overcome the resolution of his will.

 To establish evident premeditation, it must be shown that there was a period sufficient to afford
full opportunity for meditation and reflection, a time adequate to allow the conscience to overcome
the resolution of the will, as well as outward acts showing the intent to kill. It must be shown that
the offender had sufficient time to reflect upon the consequences of his act but still persisted in his
determination to commit the crime. (PEOPLE vs. SILVA, et. al., GR No. 140871, August 8, 2002)

 The essence of evident premeditation is that the execution of the criminal act is preceded by
cool thought and reflection upon the resolution to carry out the criminal intent within a space
of time sufficient to arrive at a calm judgment. (PEOPLE vs. ABADIES, GR No. 135975, August
14, 2002)

 Evident premeditation is presumed to exist when conspiracy is directly established. When

conspiracy is merely implied, evident premeditation cannot be presumed, the latter must be
proved like any other fact. (PEOPLE vs. SAPIGAO, et. al., GR No. 144975, June 18, 2003)

 Premeditation is absorbed by reward or promise.

 When the offender decides to kill a particular person and premeditated on the killing of the
latter, but when he carried out his plan he actually killed another person, it cannot properly be
said that he premeditated on the killing of the actual victim.

 But if the offender premeditated on the killing of any person, it is proper to consider against
the offender the aggravating circumstance of premeditation, because whoever is killed by him
is contemplated in his premeditation.

Par. 14 – That (1) craft, (2) fraud, or (3) disguise be employed

Craft (astucia) - involved the use of intellectual trickery or cunning on the part of the accused.

- it is a chicanery resorted to by the accused to aid in the execution of

his criminal design. It is employed as a scheme in the execution of the
crime.

Fraud (fraude) – insidious words or machinations used to induce the victim to act in a manner
which would enable the offender to carry out his design.

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 FRAUD CRAFT

Where there is a direct inducement by insidious The act of the accused done in order not to arouse the
words or machinations, fraud is present. suspicion of the victim constitutes craft.

 According to Justice Regalado, the fine distinctions between “craft” and “fraud” would not really
be called for as these terms in Art. 14 are variants of means employed to deceive the victim and if
all are present in the same case, they shall be applied as a single aggravating circumstance.

 Craft and fraud may be absorbed in treachery if they have been deliberately adopted as the means,
methods or forms for the treacherous strategy, or they may co-exist independently where they are
adopted for a different purpose in the commission of the crime.

For instance:

 In People vs. San Pedro (Jan. 22, 1980), where the accused pretended to hire the driver in order
to get his vehicle, it was held that there was craft directed to the theft of the vehicle, separate
from the means subsequently used to treacherously kill the defenseless driver.

 In People vs. Masilang (July 11, 1986) there was also craft where after hitching a ride, the
accused requested the driver to take them to a place to visit somebody, when in fact they had
already planned to kill the driver.

Disguise (disfraz) – resorting to any device to conceal identity.

 The test of disguise is whether the device or contrivance resorted to by the offender was intended
to or did make identification more difficult, such as the use of a mask or false hair or beard.

 The use of an assumed name in the publication of a libel constitutes disguise.

Par. 15 – That (1) advantage be taken of superior strength, or (2) means be employed to weaken the
defense.

 Par. 15 enunciates two aggravating circumstances, namely, that advantage was taken of superior
strength, or that means were employed by the offender to weaken the defense of the victim, either
of which qualifies a killing to murder.

MEANING OF “advantage be taken”:

To deliberately use excessive force that is out of proportion to the means for self-defense available to
the person attacked. (PEOPLE vs. LOBRIGAS, et. al., GR No. 147649, December 17, 2002)
NO ADVANTAGE OF SUPERIOR STRENGTH IN THE FOLLOWING:

1. One who attacks another with passion and obfuscation does not take advantage of his superior
strength.

2. When a quarrel arose unexpectedly and the fatal blow was struck at a time when the aggressor and
his victim were engaged against each other as man to man.

 For abuse of superior strength, the test is the relative strength of the offender and his victim,
whether or not he took advantage of his greater strength.

 When there are several offenders participating in the crime, they must all be principals by direct
participation and their attack against the victim must be concerted and intended to be so.

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  Abuse of superior strength is inherent in the crime of parricide where the husband kills the
wife. It is generally accepted that the husband is physically stronger than the wife.

 Abuse of superior strength is also present when the offender uses a weapon which is out of
proportion to the defense available to the offended party.

“by a band” “abuse of superior strength”

The element of band is appreciated when the offense The gravamen of abuse of superiority is the taking
is committed by more than three armed malefactors advantage by the culprits of their collective strength
regardless of the comparative strength of the victim or to overpower their relatively weaker victim or
victims. victims.

Hence, what is taken into account here is not the

number of aggressors nor the fact that they are armed,
but their relative physical strength vis-a vis the
offended party.

 Abuse of superior strength absorbs cuadrilla (“band”).

“Means employed to weaken defense” - the offender employs means that materially weakens the
resisting power of the offended party.

EXAMPLES OF “means employed to weaken defense”

1. Where one, struggling with another, suddenly throws a cloak over the head of his opponent and
while in this situation he wounds or kills him.
2. One who, while fighting with another, suddenly casts sand or dirt upon the latter eyes and then
wounds or kills him.
3. When the offender, who had the intention to kill the victim, made the deceased intoxicated, thereby
materially weakening the latter’s resisting power.

 This circumstance is applicable only to crimes against persons, and sometimes against person
and property, such as robbery with physical injuries or homicide.

Par. 16 – That the act be committed with treachery (alevosia).

Treachery (alevosia) – is present when the offender commits any of the crimes against person,
employing means, methods or forms in the execution thereof which tend directly and specially to insure
its execution, without risk to himself arising from the defense which the offended party might make.

REQUISITES OF TREACHERY:

1. That at the time of the attack, the victim was not in a position to defend himself; and

2. That the offender consciously adopted the particular means, method or form of attack employed
by him.

 The test of treachery is not only the relative position of the parties but, more specifically,
whether or not the victim was forewarned or afforded the opportunity to make a defense or to
ward off the attack.

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RULES REGARDING TREACHERY:

1. Applicable only to crimes against persons.

2. Means, methods or forms need not insure accomplishment of crime.
3. The mode of attack must be consciously adopted.
 Treachery is taken into account even if the crime against the person is complexed with another
felony involving a different classification in the Code. Accordingly, in the special complex
crime of robbery with homicide, treachery but can be appreciated insofar as the killing is
concerned.
 The suddenness of attack does not, of itself, suffice to support a finding of alevosia, even if the
purpose was to kill, so long as the decision was made all of a sudden and the victim’s helpless
position was accidental.
 Treachery must be appreciated in the killing of a child even if the manner of attack is not shown.
It exists in the commission of the crime when the adult person illegally attacks a child of tender
years and causes his death.

WHEN MUST TREACHERY BE PRESENT:

When the aggression is continuous, treachery must be present in the beginning of the assault. (PEOPLE
vs. MANALAD, GR No. 128593, August 14, 2002)

 Thus, even if the deceased was shot while he was lying wounded on the ground, it appearing
that the firing of the shot was a mere continuation of the assault in which the deceased was
wounded, with no appreciable time intervening between the delivery of the blows and the firing
of the shot, it cannot be said that the crime was attended by treachery.

When the assault was not continuous, in that there was interruption, it is sufficient that treachery was
present at the moment the fatal blow was given.

 Hence, even though in the inception of the aggression which ended in the death of the
deceased, treachery was not present, if there was a break in the continuity of the aggression and at
the time of the fatal wound was inflicted on the deceased he was defenseless, the circumstance of
treachery must be taken into account.

ALEVOSIA SHOULD BE CONSIDERED EVEN IF:

1. The victim was not predetermined but there was a generic intent to treacherously kill any first two
persons belonging to a class. (The same rule obtains for evident premeditation).
2. There was aberratio ictus and the bullet hit a person different from that intended. (The rule is
different in evident premeditation).
3. There was error in personae, hence the victim was not the one intended by the accused. (A different
rule is applied in evident premeditation).
REASON FOR THE RULE: When there is treachery, it is impossible for either the intended victim or
the actual victim to defend himself against the aggression.

TREACHERY ABSORBS:
1. Craft 4. Cuadrilla (“band”)
2. Abuse of superior strength 5. Aid of armed men
3. Employing means to weaken the defense 6. Nighttime

Par. 17 – That means be employed or circumstances brought about which add ignominy to the natural
effects of the act.

Ignominy – is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the
material injury caused by the crime.

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MEANING OF “which add ignominy to the natural effects thereof”

The means employed or the circumstances brought about must tend to make the effects of the crime
more humiliating to victim or to put the offended party to shame, or add to his moral suffering. Thus
it is incorrect to appreciate ignominy where the victim was already dead when his body was
dismembered, for such act may not be considered to have added to the victim’s moral suffering or
humiliation. (People vs. Carmina, G.R. No. 81404, January 28, 1991)

 Applicable to crimes against chastity, less serious physical injuries, light or grave coercion, and
murder.

Par. 18 – That the crime be committed after an unlawful entry.

Unlawful entry – when an entrance is effected by a way not intended for the purpose.

 Unlawful entry must be a means to effect entrance and not for escape.

REASON FOR AGGRAVATION:

One who acts, not respecting the walls erected by men to guard their property and provide for their
personal safety, shows a greater perversity, a greater audacity; hence, the law punishes him with more
severity.

Par. 19 – That as a means to the commission of a crime, a wall, roof, floor, door, or window be broken.

 This circumstance is aggravating only in those cases where the offender resorted to any of said
means to enter the house. If the wall, etc., is broken in order to get out of the place, it is not an
aggravating circumstance.

PAR. 19 PAR. 18

It involves the breaking (rompimiento) of the Presupposes that there is no such breaking as by
enumerated parts of the house. entry through the window.

 If the offender broke a window to enable himself to reach a purse with money on the table near
that window, which he took while his body was outside of the building, the crime of theft was
attended by this aggravating circumstance. It is not necessary that the offender should have
entered the building.
Par. 20 – That the crime be committed

(1) with the aid of persons under fifteen years of age, or

(2) by means of motor vehicles, airships, or other similar means.

TWO DIFFERENT CIRCUMSTANCES GROUPED IN THIS PARAGRAPH:

1. With the aid of persons under fifteen years of age:

 Tends to repress, so far as possible, the frequent practice resorted to by professional
criminals to avail themselves of minors taking advantage of their irresponsibility.
2. By means of motor vehicles, airships, or other similar means:
 Intended to counteract the great facilities found by modern criminals in said means to
commit crime and flee and abscond once the same is committed.
 Use of motor vehicle is aggravating where the accused purposely and deliberately used the
motor vehicle in going to the place of the crime, in carrying away the effects thereof, and
in facilitating their escape.

34 | P a g e
MEANING OF “or other similar means”
Should be understood as referring to motorized vehicles or other efficient means of transportation
similar to automobile or airplane.

Par. 21 – That the wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commission.

Cruelty – there is cruelty when the culprit enjoys and delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the consummation of the criminal act.

REQUISITES OF CRUELTY:

1. That the injury caused be deliberately increased by causing other wrong;

2. That the other wrong be unnecessary for the execution of the purpose of the offender.

 Cruelty is not inherent in crimes against persons. In order for it to be appreciated, there must
be positive proof that the wounds found on the body of the victim were inflicted while he was
still alive in order unnecessarily to prolong physical suffering.

 If the victim was already dead when the acts of mutilation were being performed, this would
also qualify the killing to murder due to outraging of his corpse.

IGNOMINY (PAR.17) CRUELTY (PAR. 21)

Involves moral suffering Refers to physical suffering

 Unlike mitigating circumstances (par. 10, Art. 13), there is no provision for aggravating
circumstances of a similar or analogous character.

ART. 15 – ALTERNATIVE CIRCUMSTANCES

Alternative circumstances – are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the other conditions attending its
commission.

BASIS: The nature and effects of the crime and the other conditions attending its commission.
----------------
Article 15. Their concept. - Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the crime and the
other conditions attending its commission. They are the relationship, intoxication and the degree of
instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended
party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstance when
the offender has committed a felony in a state of intoxication, if the same is not habitual or
subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional,
it shall be considered as an aggravating circumstance.
----------------

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THE ALTERNATIVE CIRCUMSTANCES ARE:

1. Relationship;
2. Intoxication; and
3. Degree of instruction and education of the offender.

RELATIONSHIP
The alternative circumstance of relationship shall be taken into consideration when the offended party
is the –

a) Spouse,
b) Ascendant,
c) Descendant,
d) Legitimate, natural, or adopted brother or sister, or
e) Relative by affinity in the same degree of the offender.

OTHER RELATIVES INCLUDED:

1. The relationship of stepfather or stepmother and stepson or stepdaughter.

REASON: It is the duty of the stepparents to bestow upon their stepchildren a mother’s/father’s
affection, care and protection.

2. The relationship of adopted parent and adopted child.

 But the relationship of uncle and niece is not covered by any of the relationship mentioned.

WHEN RELATIONSHIP MITIGATING AND WHEN AGGRAVATING:

1. As a rule, relationship is mitigating in crimes against property, by analogy to the provisions of Art.
332.

 Thus, relationship is mitigating in the crimes of robbery (Arts. 294-302), usurpation (Art. 312),
fraudulent insolvency (Art. 314) and arson (Arts. 321-322, 325-326).

2. In crimes against persons –

a) It is aggravating where the offended party is a relative of:

i. a higher degree than the offender, or

ii. when the offender and the offended party are relatives of the same
level (e.g. brothers)

b) But when it comes to physical injuries:

i. It is aggravating when the crime involves serious physical injuries

(Art. 263), even if the offended party is a descendant of the
offender. But the serious physical injuries must not be inflicted by
a parent upon his child by excessive chastisement.
ii. It is mitigating when the offense committed is less serious physical
injuries or slight physical injuries, if the offended party is a relative
of a lower degree.
iii. It is aggravating if the offended party is a relative of a higher
degree of the offender.

c) When the crime is homicide or murder, relationship is aggravating even if the victim of the
crime is a relative of a lower degree.

36 | P a g e
 d) In rape, relationship is aggravating where a stepfather raped his stepdaughter or in a case
where a father raped his own daughter.

3. In crimes against chastity, like acts of lasciviousness (Art. 336), relationship is always aggravating,
regardless of whether the offender is a relative of a higher or lower degree of the offended party.

 When the qualification given to the crime is derived from the relationship between the offender
and the offended party, it is neither mitigating nor aggravating, because it is inseparable from
and inherent in the offense. (e.g. parricide, adultery and concubinage).

WHEN INTOXICATION MITIGATING AND WHEN AGGRAVATING:

1. Mitigating –

i. If intoxication is not habitual, or

ii. If intoxication is not subsequent to the plan to commit a felony.

2. Aggravating –

i. If intoxication is habitual, or
ii. If it is intentional (subsequent to the plan to commit a felony).
TO BE ENTITLED TO THE MITIGATING CIRCUMSTANCE OF INTOXICATION, IT MUST BE
SHOWN:

1. That at the time of the commission of the criminal act, the accused has taken such quantity of
alcoholic drinks as to blur his reason and deprive him of a certain degree of control, and
2. That such intoxication is not habitual, or subsequent to the plan to commit the felony.

 To be mitigating, the accused’s state of intoxication must be proved. Once intoxication is

established by satisfactory evidence, in the absence of proof to the contrary, it is
presumed to be non-habitual or unintentional.

INSTRUCTION OR EDUCATION
- as an alternative circumstance, does not refer only to literary but more to the level of
intelligence of the accused.
- refers to the lack of sufficient intelligence and knowledge of the full significance of one’s acts.
- Low degree of instruction and education or lack of it is generally mitigating. High degree of
instruction and education is aggravating, when the offender took advantage of his learning in
committing the crime.

GENERAL RULE: Lack of sufficient education is mitigating.

EXCEPTIONS:
1. Crimes against property (e.g. arson, estafa, theft, robbery)
2. Crimes against chastity, and
3. Treason – because love of country should be a natural feeling of every citizen, however
unlettered or uncultured he may be.

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 ART. 16 – WHO ARE CRIMINALLY LIABLE

ART. 16. Who are criminally liable ---- The following are criminally liable for grave and
less grave felonies:

FOR GRAVE AND LESS GRAVE FELONIES

1. Principals
2. Accomplices
3. Accessories

FOR LIGHT FELONIES

1. Principals
2. Accomplices

-----------------------------------

 Accessories are not liable for light felonies.

REASON: In the commission of light felonies, the social wrong as well as the individual prejudice is
so small that penal sanction is deemed not necessary for accessories.

 The classification of the offenders as principal, accomplice, or an accessory is essential under the
RPC. The classification maybe applied to special laws only if the latter provides for the same
graduated penalties as those provided under the RPC.

TWO PARTIES IN ALL CRIMES

1. Active subject (the criminal)

 Art. 16 enumerates the active subjects of the crime.

2. Passive subject (the injured party)

 Is the holder of the injured right: the man, the juristic person, the group, and the State.

 Only natural persons can be the active subject of crime because of the highly personal nature of the
criminal responsibility. (natural persons -- ?)

 However, corporation and partnership can be a passive subject of a crime.

 Corpses and animals cannot be passive subjects because they have no rights that may be injured.

EXCEPTION: Under Art. 253, the crime of defamation may be committed if the imputation tends
to blacken the memory of one who is dead.

 This article applies only when the offenders are to be judged by their individual, and not collective,
liability.

ART. 17 PRINCIPALS

THE FOLLOWING ARE PRINCIPALS:

1. Those who take a direct part in the execution of the act (PRINCIPAL BY DIRECT
PARTICIPATION)
2. Those who directly force or induce others to commit it (PRINCIPAL BY INDUCTION)

38 | P a g e
 3. Those who cooperate in the commission of the offense by another act without which it would
not have been accomplished (PRINCIPAL BY INDISPENSABLE COOPERATION).

-------------

Par. 1 – Principals by direct participation

REQUISITES:

1. That they participated in the criminal resolution(planning); and

2. That they carried out their plan and personally took part in its execution by acts which directly tended
to the same end (execution).

MEANING OF “personally took part in its execution”

That the principal by direct participation must be at the scene of the commission of the crime, personally
taking part in its execution.

Par. 2 – Principals by induction

REQUISITES

1. That the inducement be made directly with the intention of procuring the commission of the crime;
and

2. That such inducement be the determining cause of the commission of the crime by the material
executor. (determining cause -- ?)

 One cannot be held guilty of having instigated the commission of the crime without first being
shown that the crime was actually committed (or attempted) by another.

Thus, there can be no principal by inducement (or by indispensable cooperation)

unless there is a principal by direct participation. But there can be a principal by direct
participation without a principal by inducement (or by indispensable cooperation).

TWO WAYS OF BECOMING PRINCIPAL BY INDUCTION:

1. By directly forcing another to commit a crime by –

a) Using irresistible force.

b) Causing uncontrollable fear.

 In these cases, there is no conspiracy, not even a unity of criminal purpose and
intention. Only the one using the force or causing the fear is criminally liable. The
material executor is not criminally liable because of Art. 12, pars. 5 and 6 (exempting
circumstances)

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2. By directly inducing another to commit a crime by –

a) Giving of price, or offering of reward or promise.

 The one giving the price or offering the reward or promise is a principal by inducement
while the one committing the crime in consideration thereof is a principal by direct
participation. There is collective criminal responsibility.

b) Using words of command

 The person who used the words of command is a principal by inducement while the person
who committed the crime because of the words of command is a principal by direct
participation. There is also collective criminal responsibility.

 The inducement must precede the act induced and must be so influential in producing the criminal
act that without it, the act would not have been performed.

 If the person who actually committed the crime had reason of his own to commit the crime, it
cannot be said that the inducement was influential in producing the criminal act.

PRINCIPAL BY INDUCEMENT OFFENDER WHO MADE PROPOSAL TO COMMIT

A FELONY

In both

There is an inducement to commit a crime

When liable

Becomes liable only when the crime is committed by The mere proposal to commit a felony is punishable in
the principal by direct participation. treason or rebellion.

However, the person to whom the proposal is made

should not commit the crime,

otherwise, the proponent becomes a principal by

inducement.

What kind of crime involved

Involves any crime The proposal to be punishable must involve only

treason or rebellion.

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EFFECTS OF ACQUITTAL OF PRINCIPAL BY DIRECT PARTICIPATION UPON LIABILITY OF
PRINCIPAL BY INDUCEMENT:

1. Conspiracy is negatived by the acquittal of co-defendant.

2. One cannot be held guilty of having instigated the commission of a crime without first being shown
that the crime has been actually committed by another.

 But if the one charged as principal by direct participation is acquitted because he acted without
criminal intent or malice, his acquittal is not a ground for the acquittal of the principal by
inducement.

REASON FOR THE RULE: In exempting circumstances, such as when the act is not voluntary
because of lack of intent on the part of the accused, there is a crime committed, only that the
accused is not a criminal.

Par. 3 – Principal by indispensable cooperation

REQUISITES:

1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of
criminal purpose and intention immediately before the commission of the crime charged; and

2. Cooperation in the commission of the offense by performing another act, without which it would not
have been accomplished.

MEANING OF “cooperation in the commission of the offense”

Means to desire or wish in common a thing. But that common will or purpose does not necessarily
mean previous understanding, for it can be explained or inferred from the circumstances of each case.

 If the cooperation is not indispensable, the offender is only an accomplice.

COLLECTIVE CRIMINAL RESPONSIBILITY

 This is present when the offenders are criminally liable in the same manner and to the same extent.
The penalty to be imposed must be the same for all.

 Principals by direct participation have collective criminal responsibility. Principals by induction,

except those who directly forced another to commit a crime, and principals by direct participation
have collective criminal responsibility. Principals by indispensable cooperation have collective
criminal responsibilities with the principals by direct participation.

INDIVIDUAL CRIMINAL RESPONSIBILITY

 In the absence of any previous conspiracy, unity of criminal purpose and intention immediately
before the commission of the crime, or community of criminal design, the criminal responsibility
arising from different acts directed against one and the same person is individual and not collective,
and each of the participants is liable only for the act committed by him.

-----------------------

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 ART. 18 ACCOMPLICES

Accomplices are persons who, not acting as principals, cooperate in the execution of the offense
by previous and simultaneous acts, which are not indispensable to the commission of the crime.
(previous and simultaneous acts)

-----------------------

They act as mere instruments who perform acts not essential to the perpetration of the offense.

REQUISITES:

1. That there be community of design; that is, knowing the criminal design of the principal by direct
participation, he concurs with the latter his purpose;

2. That he cooperates in the execution of the offense by previous or simultaneous acts, with the
intention of supplying material or moral aid in the execution of the crime in an efficacious way;
and

3. That there be a relation between the acts done by the principal and those attributed to the person
charged as an accomplice.

 Before there could be an accomplice, there must be a principal by direct participation.

 The person charged as an accomplice should not have inflicted a mortal wound. If he inflicted a
mortal wound, he becomes a principal by direct participation.

 In case of doubt, the participation of the offender will be considered that of an accomplice rather
than that of a principal.

-----------------------

ART. 19 ACCESSORIES

Accessories are those who, having knowledge of the commission of the crime, and without having
participated therein either as principals or accomplices, take part subsequent (after the commission
of the crime) to its commission in any of the following acts:
-----------------------

1. By profiting themselves or assisting the offender to profit by the effects of the crime.

2. By concealing or destroying the body of the crime to prevent its discovery.

3. By harboring (sheltering), concealing, or assisting in the escape of the principal of the crime,
provided the accessory acts with abuse of his public functions or whatever the author of the crime
is guilty treason, parricide , murder, or an attempt to take the life of the chief executive, or is
known to be habitually guilty of some other crime.

 In profiting by the effects of the crime, the accessory must receive the property from the principal.
He should not take it without the consent of the principal. If he took it without the consent of the
principal, he is not an accessory but a principal in the crime of theft.

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TWO CLASSES OF ACCESSORIES CONTEMPLATED IN PAR. 3 OF ART. 19

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

Requisites:

1. The accessory is a public officer.

2. He harbors, conceals, or assists in the escape of the principal.
3. The public officer acts with abuse of his public functions.
4. The crime committed by the principal is any crime, provided it is not a light felony.

b) Private persons who harbor, conceal or assist in the escape of the author of the crime who is guilty
of treason, parricide, murder, or attempts against the life of the President, or who is known to be
habitually guilty of some other crime.
Requisites:

1. The accessory is a private person.

2. He harbors, conceals or assists in the escape of the author of the crime.

3. The crime committed by the principal is either:

i. Treason,
ii. Parricide,
iii. Murder,
iv. An attempt against the life of the President, or
v. That the principal is known to be habitually guilty of some
other crime.

 Where the alleged principal is acquitted, it is neither proper nor possible to convict the defendant
as an accessory. The responsibility of the accessory is subordinate to that of the principal in a crime.

HOWEVER, conviction of an accessory is possible notwithstanding the acquittal of the

principal, if the crime was in fact committed, but the principal was not held liable, because of
an exempting circumstance (Art. 12), such as insanity or minority.

 Neither the letter nor the spirit of the law requires that the principal be convicted before one may
be punished as an accessory. As long as the corpus delicti is proved and the accessory’s
participation as such is shown, he can be held criminally responsible and meted out the
corresponding penalty (Inovero vs. Coronel, CA, 65 O.G. 3160).

 The prescribed acts of the accessory under par. 2 must have been intended to prevent the discovery
of the crime, hence, mere silence does not make one an accessory. If, however, the crime involved
is a conspiracy to commit treason, his silence may hold him liable for misprision of treason (Art.
116) but as a principal thereof.

 Where the accused misleads the authorities by giving them false information, such act is equivalent
to concealment and he should be held as an accessory.

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 Anti-Fencing Law of 1979
Pres. Decree 1612

Fencing – is an act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other
manner dealing in anything of value which a person knows or should have known to be derived
from the proceeds of the crime of robbery or theft.

Fence – is a person who commits the act of fencing. A fence who receives stolen property as above-
provided is not an accessory but a principal in the crime defined in and punished by the Anti-
Fencing Law.

Mere possession of anything of value which has been the subject of robbery or theft shall be prima facie
(on its face) evidence of fencing.

-------------------------
ART. 20 – ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABLITY

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

 The exemption provided for in this article is based on the ties of blood and the preservation of the
cleanliness of one’s name, which compels one to conceal crimes committed by relatives so near as
those mentioned in this article.

AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY WHEN THE PRINCIPAL IS HIS –

1. spouse, or
2. ascendant, or
3. descendant, or
4. legitimate, natural or adopted brother, sister or relative by affinity within the same degree.

EXEMPT FROM CRIMINAL LIABILITY EVEN IF THE PRINCIPAL IS RELATED TO HIM, IF

SUCH ACCESSORY –

1. profited by the effects of the crime, or

2. Assisted the offender to profit by the effects of the crime.

REASON: Because such acts are prompted not by affection but by a detestable greed.

 Public officer contemplated in par. 3 of Art. 19 is exempt by reason of relationship to the principal,
even if such public officer acted with abuse of his official functions.

REASON: Ties of blood or relationship constitutes a more powerful incentive than the call of duty.

P.D. 1829 penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the investigation and prosecution of criminal cases.

 The benefits of the exception in Art. 20 do not apply to PD 1829.

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 TITILE THREE: PENALTIES

Chapter One: Penalties in General (Arts. 21-24)

Penalty – is the suffering that is inflicted by the State for the transgression of the law.

DIFFERENT JURIDICAL CONDITIONS OF PENALTY

1. Must be productive of suffering, without however affecting the integrity of the human personality.
2. Must be commensurate with the offense – different crimes must be punished with different
penalties.
3. Must be personal – no one should be punished for the crime of another.
4. Must be legal – it is the consequence of a judgment according to law.
5. Must be certain – no one may escape its effects.
6. Must be equal for all.
7. Must be correctional.

PURPOSE OF THE STATE IN PUNISHING CRIMES

The State has an existence of its own to maintain, a conscience to assert, and moral principles to be
vindicated. Penal justice must therefore be exercised by the State in the service and satisfaction of a
duty, and rests primarily on the moral rightfulness of the punishment inflicted.

 The basis of the right to punish violations of penal law is the police power of the State.

THEORIES JUSTIFYING PENALTY:

1. Prevention – to prevent or suppress the danger to the State arising from the criminal act of the
offender.

2. Self-defense – so as to protect society from the threat and wrong inflicted by the criminal.

3. Reformation – the object of punishment in criminal cases is to correct and reform the offender.

4. Exemplarity – the criminal is punished to serve as an example to deter others from committing
crimes.

5. Justice – that crime must be punished by the State as an act of retributive justice, a vindication of
absolute right and moral law violated by the criminal.

THREE-FOLD PURPOSE OF PENALTY UNDER THE CODE:

1. Retribution or expiation – the penalty is commensurate with the gravity of the offense.
2. Correction or reformation – shown by the rules which regulate the execution of the penalties
consisting in deprivation of liberty.
3. Social defense – shown by its inflexible severity to recidivists and habitual delinquents.
ART. 21 – PENALTIES THAT MAY BE IMPOSED

No felony shall be punishable only by the penalty prescribed by law at the time of its
commission.

---------------------

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  It is a guaranty to the citizen of this country that no acts of his, will be considered criminal until
the Government has made it so by law and has provided a penalty.

REASON: Because a law cannot be rationally obeyed unless it is first shown, and a man cannot be
expected to obey an order that has not been given.

ART. 22 – RETROACTIVE EFFECT OF PENAL LAWS

Penal laws shall have a retroactive effect insofar as they favor the persons guilty of felony, who is
not habitual criminal, as this term is defined in rule 5 of article 62 of this code, although at the time
of the publication of such laws a final sentence has been pronounced and the convict is serving the
same.

-----------------------------------

 GENERAL RULE: Penal laws are applied prospectively.

EXCEPTION: When retrospective will be favorable to the person guilty of a felony; Provided that:

1. The offender is NOT a habitual criminal (delinquent) under Art. 62(5);

2. The new or amendatory law does NOT provide against its retrospective application.

Habitual delinquent – a person who, within a period of ten years from the date of his release or last
conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification,
is found guilty of any said crimes a third time or oftener.

EX POST FACTO LAW

An act which when committed was not a crime, cannot be made so by statute without violating the
constitutional inhibition as to ex post facto laws. An 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;
2. Aggravates a crime, or makes it greater than it was, when committed;
3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when
committed;
4. Alters the legal rules of evidence, and authorizes conviction upon a 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 imposing a penalty or deprivation of
a right for something which when done was lawful; and
6. Deprives a person accused of a crime of some lawful protection to which he has become entitled,
such as the protection of a former conviction or acquittal, or a proclamation of amnesty.

 If retroactive effect of a new law is justified, it shall apply to the defendant even if he is:

1. presently on trial for the offense;

2. has already been sentenced but service of which has not begun; or
3. already serving sentence

 The retroactive effect of criminal statutes does not apply to the culprit’s civil liability.

REASON: The rights of offended persons or innocent third parties are not within the gift of
arbitrary disposal of the State.

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 The provisions of Art. 22 are applicable even to special laws which provide more favorable
conditions to the accused.

Criminal liability under the repealed law subsists:

1. When the provisions of the former law are reenacted; or

 The right to punish offenses committed under an old penal law is not extinguished if the
offenses are still punishable in the repealing penal law.

2. When the repeal is by implication; or

 When a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the
repealing law revives the prior penal law, unless the language of the repealing statute provides
otherwise.

 If the repeal is absolute, criminal liability is obliterated.

3. When there is a saving clause.

ART. 23- EFFECT OF PARDON BY THE OFFENDED PARTY

A pardon by the offended party does not extinguish criminal action except as provided in article
344 of this code; but civil liability with regard to the interest of the injured party is extinguished by
his express waiver.

--------------------------

GENERAL RULE – Pardon by the offended party does not extinguish the criminal liability of the
offender.

REASON: A crime committed is an offense against the State. Only the Chief Executive can pardon the
offenders.

EXCEPTION - Pardon by the offended party will bar criminal prosecution in the following crimes:

Adultery and Concubinage (Art. 344, RPC)

– EXPRESS or IMPLIED pardon must be given by offended party to BOTH offenders.

- Pardon must be given PRIOR to institution of criminal action.

Seduction, Abduction, Acts of Lasciviousness (Art. 344, RPC)

– EXPRESS pardon given by offended party or her parents or grandparents or guardian

- Pardon must be given PRIOR to the institution of the criminal action. However, marriage
between the offender and the offended party EVEN AFTER the institution of the criminal action or
conviction of the offender will extinguish the criminal action or remit the penalty already imposed
against the offender, his co-principals, accomplices and accessories after the fact.

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Rape (as amended by R.A. 8353)
- The subsequent valid marriage between the offender and the offended party shall extinguish
criminal liability or the penalty imposed. In case the legal husband is the offender, subsequent
forgiveness by the wife as offended party shall also produce the same effect.

 Pardon by the offended party under Art. 344 is ONLY A BAR to criminal prosecution; it is NOT a
ground for extinguishment of criminal liability.

 Nevertheless, civil liability may be extinguished by the EXRESS WAIVER of the offended party.

AN OFFENSE CAUSES
TWO CLASSES OF INJURIES:

SOCIAL INJURY PERSONAL INJURY

Produced by the disturbance and alarm which are Caused to the victim of the crime who suffered damage
the outcome of the offense. either to his person, to his property, to his honor or to her
chastity.

Is sought to be repaired through the imposition of the Is repaired through indemnity.

corresponding penalty.

The offended party cannot pardon the offender so as The offended party may waive the indemnity and the
to relieve him of the penalty. State has no reason to insist in its payment.

ART. 24 – MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED

PENALTIES

THE FOLLOWING ARE NOT CONSIDERED AS PENALTIES:

1. The arrest and temporary detention of accused persons, as well as their

detention by reason of insanity or imbecility, or illness requiring their
confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Art.
80 (now Art. 192, PD No. 603) and for the purposes specified therein.
3. Suspension from the employment or public office during the trial or in
order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their
administrative or disciplinary powers, superior officials may impose
upon their subordinates.
5. Deprivation of rights and the reparations which the civil law may
establish in penal form.

--------------------------------

Reasons why they are not penalties:

1. Because they are not imposed as a result of judicial proceedings. Those mentioned in paragraphs
1, 3 and 4 are merely preventive measures before conviction of offenders.

2. The offender is not subjected to or made to suffer these measures in expiation of or as punishment
for a crime.

48 | P a g e
 Par. 1 does not refer to the confinement of an insane or imbecile who has not been arrested for a
crime. It refers to “accused persons” who are detained “by reason of insanity or imbecility.”

 Paragraphs 3 and 4 refer to administrative suspension and administrative fines and not to
suspension or fine as penalties for violations of the RPC.

 The deprivations of rights established in penal form by the civil laws is illustrated in the case of
parents who are deprived of their parental authority if found guilty of the crime of corruption of
their minor children, in accordance with Art. 332 of the Civil Code.

 Where a minor offender was committed to a reformatory pursuant to Art. 80 (now, PD 603), and
while thus detained he commits a crime therein, he cannot be considered a quasi-recidivist since
his detention was only a preventive measure, whereas a quasi-recidivism presupposes the
commission of a crime during the service of the penalty for a previous crime.

Classification of Penalties (Arts. 25-26)

ART. 25 – PENALTIES WHICH MAY BE IMPOSED

--- The penalties which may be imposed according to this code, and their different classes, are
those included in the following;

Capital punishment:
Death

Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.

Correctional penalties:
Prision Correctional,
Arresto mayor,
Suspension,
Destierro.

Light penalties:
Arresto menor
Public censure.

Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace.

ACCESSORIES PENALTIES
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense.
Payment of costs.

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 The scale in Art. 25 is only a general classification of penalties based on their severity, nature and
subject matter.

 The scale of penalties in Art. 70 is provided for successive service of sentences imposed on the same
accused, in consideration of their severity and natures.

 The scales in Art. 71 are for the purpose of graduating the penalties by degrees in accordance with
the rules in Art. 61.

CLASSIFICATION OF PENALTIES UNDER ARTICLE 25:

a) Based on their severity or gravity

1. Capital,
2. Afflictive,
3. Correctional,
4. Light
 This classification corresponds to the classification of felonies in Art. 9, into grave, less grave and
light.

b) Based on their nature

1. Principal penalties – those expressly imposed by the court in the judgment of conviction. May
be further classified based on divisibility

i. Divisible – are those that have fixed duration and are divisible into three periods.

ii. Indivisible – are those which have no fixed duration. These are:

1) Death
2) Reclusión perpetua
3) Perpetual absolute or special disqualification
4) Public censure

2. Accessory penalties – are those that are deemed included in the principal penalties.

c) Based on subject matter

1. Corporal (Death).
2. Deprivation of freedom (Reclusion, Prision, Arresto).
3. Restriction of freedom (Destierro).
4. Deprivation of rights (Disqualification and Suspension).
5. Pecuniary (Fine).

 Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification,

and suspension may be principal or accessory penalties.

EXAMPLES:
I. Perpetual absolute disqualification is a principal penalty in prevaricacion (Art. 204) and
perpetual special disqualification, in malversation (Art. 217).
II. Temporary absolute disqualification is a principal penalty when the accessory acts with
abuse of public functions (Art, 19[3] and Art. 58) and temporary special disqualification, in
direct bribery (Art. 206).
III. Suspension is a principal penalty in rendition of unjust interlocutory orders (Art. 206).

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 Bond to keep the peace is imposed only in the crime of threats (Art. 284), either grave (Art. 282) or
light (Art. 283).
ART. 26 FINE – WHEN AFFLICTIVE, CORRECTIONAL OR LIGHT PENALTY

--- A fine whether imposed as a single or as an alternative penalty, shall be considered an afflictive
penalty, if it exceeds 6,000 pesos, a correctional penalty, if it does not exceeds 6,000 pesos but is not
less than 200 pesos; and a light penalty if it be less than 200 pesos.

FINE IS:

1. Afflictive – over P6,000.00

2. Correctional – P200.00 to P6,000.00
3. Light penalty – less than P200.00

 Same basis may be applied to Bond to keep the peace by analogy.

 This article determines the classification of a fine whether imposed as a single or as an alternative
penalty for a crime.

 The rule herein does not apply where the fine involved is in a compound penalty, that is, it is
imposed in conjunction with another penalty.

 Where the fine in question is exactly P200, under Art. 9 it is a light felony, hence the felony involved
is a light felony; whereas under Art. 26, it is a correctional penalty, hence the offense involved is a
less grave felony. It has been held that this discrepancy should be resolved liberally in favor of the
accused, hence Art. 9 prevails over Art. 26 (People vs. Yu Hai, 99 Phil. 725)


HOWEVER, according to Justice Regalado there is no such discrepancy. What is really in issue
is the prescription of the offense vis-a-vis the prescription of the penalty, the former being the
forfeiture of the right of the State to prosecute the offender and the latter being the loss of its power
to enforce the judgment against the convict.

Duration and Effects of Penalties (Arts. 27-45)

ART. 27 – DURATION OF EACH DIFFERENT PENALTIES

-The penalty of reclusion perpetua shall be from twenty years and one day to forty years.

1. Reclusión Perpetua – 20 yrs. and 1 day to 40 yrs.

2. Reclusión Temporal – 12 yrs. and 1 day to 20 yrs.
3. Prisión Mayor and Temporary Disqualification – 6 yrs. and 1 day to 12 yrs., except when
disqualification is an accessory penalty, in which case its duration is that of the principal
penalty.
4. Prisión Correccional, Suspensión, and destierro – 6 mos. and 1 day to 6 yrs., except when
suspensión is an accessory penalty, in which case its duration is that of the principal
penalty.
5. Arresto mayor – 1 mo. And 1 day to 6 mos.
6. Arresto menor – 1 day to 30 days
7. Bond to keep the peace – the period during which the bond shall be effective is
discretionary on the court.

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 Destierro is a principal, correctional and divisible penalty.

In what cases is destierro imposed?

1. Serious physical injuries or death under exceptional circumstances. (Art. 247)
2. In case of failure to give bond for good behavior. (Art. 284)
3. As a penalty for the concubine in concubinage. (Art. 334)
4. In cases where after reducing the penalty by one or more degrees, destierro is the proper penalty.

ART. 28 – COMPUTATION OF PENALTIES

---If the offender shall be in prison, the term of the duration of the temporary penalties shall be
computed from the day on which the judgment of conviction shall have become final.

If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The duration of the other penalties shall be computed
only from the day on which the defendant commences to serve his sentence.

1. When the offender is in prison – the duration of temporary penalties is from the day on which the
judgment of conviction becomes final.
2. When the offender is not in prison – the duration of penalties consisting in deprivation of liberty,
is from the day that the offender is placed at the disposal of judicial authorities for the enforcement
of the penalty.
3. The duration of other penalties – the duration is from the day on which the offender commences to
serve his sentence.
-----------------------------

ART. 29 – PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF

IMPRISONMENT

--- Offenders who have undergone preventive imprisonments shall be credited in the services of
their sentence consisting of deprivation of liberty, with the full time during which they have
undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide
by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:

1. When they are recidivists, or have been convicted previously twice or more times of any crime
; and
2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
If the detention prisoners 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 fourth-fifths of the
time during which he has undergone preventive imprisonments. (As amended by Republic Act
6127, June 17, 1970)
Whenever an accused has undergone preventive imprisonment for a period equal or more than
be possible maximum imprisonment of the offence charged to which he may b 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 preventive imprisonment.

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Preventive imprisonment – is the period of detention undergone by an accused where the crime with
which he is charged is non-bailable or, even if bailable, he is unable to post the requisite bail.

 These rules on preventive imprisonment apply to all sentences regardless of

the duration thereof, including the so-called perpetual penalties as long as they
involve deprivation of liberty. It applies to destierro.

When is the detention prisoner entitled to the full credit of his preventive imprisonment?

If the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed
upon convicted prisoners.

When will he be credited only with four-fifths the time during which he has undergone preventive
imprisonment?

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners.

 In the case of a youthful offender who has been proceeded against under the
Child and Youth Welfare Code, he shall be credited in the service of his
sentence with the full time of his actual detention, whether or not he agreed to
abide by the same disciplinary rules of the institution.

The following offenders are not entitled to be credited with the full time or four-fifths of the time
of preventive imprisonment:

1. Recidivists or those convicted previously twice or more times of any crime.

2. Those who, upon being summoned for the execution of their sentence, failed to surrender
voluntarily.

 Habitual delinquents are included in No. 1.

 No. 2 refers to convicts who failed to voluntarily surrender to serve their

penalties under a final judgment, since this is indicative of a greater defiance
of authority. It does not refer to failure or refusal to voluntarily surrender after
the commission of the crime.

Effects of the penalties according to their respective nature.

 A plebiscite is not mentioned or contemplated in Art.30, par. 2 (deprivation of the right to vote),
hence, the offender may vote in that exercise, subject to the provisions of pertinent election laws at
the time.

 Perpetual absolute disqualification is effective during the lifetime of the convict and even after the
service of the sentence.

 Temporary absolute disqualification lasts during the term of the sentence, and is removed after the
service of the same, EXCEPT:

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 1) Deprivation of the public office or employment, and

2) Loss of all rights to retirement pay or other pension for any office formerly held.

 Bond to keep the peace is different from bail bond which is posted for the provisional release of a
person arrested for or accused of a crime.

CIVIL INTERDICTION IN ART. 34 IS IMPOSED WHEN THE PENALTY IS:

1. Death which is not carried out,

2. Reclusión perpetua,or

3. Reclusión temporal

ART. 36 – PARDON; ITS EFFECTS

--A pardon shall not work the restoration of the right to hold public office, or the right suffrage,
unless such rights be 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.

EFFECTS OF PARDON BY THE PRESIDENT

1. A pardon shall not restore the right to hold public office or the right of suffrage.

EXCEPTION: When any or both such rights is/are expressly restored by the terms of the pardon.

2. It shall not exempt the culprit from the payment of the civil liability.

LIMITATIONS UPON THE EXERCISE OF THE PARDONING POWER:

1. That the power can be exercised only after conviction “by final judgment”;

2. That such power does not extend to cases of impeachment.

GENERAL RULE: When the principal penalty is remitted by pardon, only the effect of that principal
penalty is extinguished, but not the accessory penalties attached to it.

EXCEPTION: When an absolute pardon is granted after the term of imprisonment has expired, it
removes what is left of the consequences of conviction.

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PARDON BY THE CHIEF EXECUTIVE (ART. PARDON BY OFFENDED PARTY (ART. 23)
36)
As to the crime covered
Can extend to any crime, unless otherwise Applies only to crimes against chastity under the RPC.
provided by or subject to conditions in the
Constitution or the laws.

As to extinguishment of criminal liability

Extinguishes criminal liability. Does not extinguish criminal liability although it may
constitute a bar to the prosecution of the offender.

At to the effect on civil liability

Cannot affect the civil liability ex delicto of the The offended party can waive the civil liability.
offender.

When granted
Can be extended only after conviction by final Can be validly granted only before the institution of
judgment of the accused. the criminal action.

To whom granted
To any or all of the accused In adultery and concubinage, must include both
offenders.
As to whether it can be conditional
May be absolute or conditional Cannot validly be made subject to a condition.

ART. 37 – COSTS

----What are included. –Costs shall include fees and indemnities in the course of the judicial
proceedings, whether they be fixed or unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule.

Costs or costs of suit – are the expenses of litigation allowed and regulated by the Rules of Court to be
assessed against or to be recovered by a party in litigation.

THE FOLLOWING ARE INCLUDED IN COSTS:

1. Fees, and
2. Indemnities, in the course of judicial proceedings.

 Are chargeable to the accused only in cases of conviction. In case of acquittal, the costs are de officio,
meaning each party bearing his own expenses.

 The payment of costs is a matter that rests entirely upon the discretion of courts.

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 the consequential damages
3. Fine
4. Costs of proceedings.

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When is Art.38 applicable?

In case the property of the offender should not be sufficient for the payment of all his pecuniary
liabilities.

ART. 39 – SUBSIDIARY PENALTY

---If the convict has no property with which to meet the fine mentioned in paragraph 3 of the next
preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each
eight pesos, subject to the following:

Subsidiary penalty – it is a subsidiary personal liability to be suffered by the convict who has no
property with which to meet the fine, at the rate of one day for each eight pesos (P8.00), subject to the
rules provided for in Art. 39.

 Subsidiary penalty shall be proper only if the accused has no property with which to pay the fine,
and not as a matter of choice on his part by opting to go to jail instead of paying.

 Subsidiary penalty is not an accessory penalty, hence it must be specifically imposed by the court
in its judgment, otherwise, the accused cannot be made to serve the corresponding subsidiary
imprisonment.

 New law prescribes current minimum wage in Metro Manila on time of conviction instead of 8
pesos.

RULES AS TO SUBSIDIARY PENALTY

1. If the penalty imposed is prisión correccional or arresto and fine – subsidiary imprisonment is not to
exceed 1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction
or part of a day, not counted.

2. When the penalty imposed is fine only – subsidiary imprisonment

a) not to exceed 6 months – if the culprit is prosecuted for grave or less grave felony, and

b) not to exceed 15 days – if prosecuted for light felony.

3. When the penalty imposed is higher than prisión correccional – no subsidiary imprisonment.

4. If the penalty imposed is not to be executed by confinement, but of fixed duration – subsidiary
penalty shall consist in the same deprivations as those of the principal penalty, under the same
rules as nos. 1, 2 and 3 above.

5. In case the financial circumstances of the convict should improve, he shall pay the fine,
notwithstanding the fact that the convict suffered subsidiary personal liability therefor.

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 When the penalty prescribed for the offense is imprisonment, it is the penalty actually imposed by
the Court, not the penalty provided for by the Code, which should be considered in determining
whether or not subsidiary penalty should be imposed.

NO SUBSIDIARY PENALTY SHALL BE IMPOSED WHERE:

1. The penalty imposed is higher than prisión correccional or 6 years,

 Additional penalty for habitual delinquency should be included in determining whether or not
subsidiary penalty should be imposed.

2. For non-payment of reparation or indemnification,

3. For non-payment of costs, and

4. Where the penalty imposed is a fine and another penalty without fixed duration, like censure.

 The rules on subsidiary penalty in Art. 39 are applicable to crimes punishable by special laws
by force of Art. 10 of the Code.

Penalties in which other accessory penalties are inherent

OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES

1. Death, when not executed by reason of commutation or pardon

i. Perpetual absolute disqualification, and

ii. Civil interdiction during 30 years, if not expressly remitted in the pardon.

2. Reclusión Perpetua and Reclusión Temporal

i. Civil interdiction for life or during the sentence, and

ii. Perpetual absolute disqualification, unless expressly remitted in the pardon of the principal
penalty.

3. Prisión Mayor

i. Temporary absolute disqualification, and

ii. Perpetual special disqualification from suffrage, unless expressly remitted in the pardon of the
principal penalty.

4. Prisión correccional

i. Suspension from public office, profession or calling, and

ii. Perpetual special disqualification from suffrage, if the duration of imprisonment exceeds 18
months, unless expressly remitted in the pardon of the principal penalty.

 There is perpetual special disqualification from suffrage, only when the duration of the
imprisonment exceeds 18 months.

5. Arresto – suspension of the right to hold office and the right of suffrage during the term of the
sentence.

 The Code does not provide for any accessory penalty for destierro.

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 RECLUSION PERPETUA LIFE IMPRISONMENT

Has a specific duration of 20 years and 1 day to 40

years and accessory penalties. Has no definite term or accessory penalties.

Imposable on felonies punished by the RPC. Imposable on crimes punishable by special laws.

ART. 45 – CONFISCATION AND FORFEITURE OF THE PROCEEDS OF THE CRIME

---- Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government unless they be property of a third person not liable for the offense, but those articles
which are not subject of lawful commerce shall be destroyed.

OUTLINE OF THE PROVISION OF THIS ARTICLE

1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments
or tools used in the commission of the crime.
2. The proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the
Government.
3. Property of a third person not liable for the offense, is not subject to confiscation and forfeiture.
4. Property not subject of lawful commerce (whether it belongs to the accused or to third person) shall
be destroyed.

 The confiscation and forfeiture of the proceeds and instruments of a crime is an accessory penalty.

The provisions of Art. 45 cannot apply when

1. The instruments belong to innocent third parties,
2. Such properties have not been placed under the jurisdiction of the court, and
3. When it is legally or physically impossible.

 This accessory penalty presupposes a judgment of conviction. However, even if the accused is
acquitted on reasonable doubt, but the instruments or proceeds are contraband, the judgment of
acquittal shall order their forfeiture for appropriate disposition.

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 ART. 46. PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL

Article 46. Penalty to be imposed upon principals in general. - The penalty prescribed by law for the
commission of a felony shall be imposed upon the principals in the commission of such
felony.(Read also Arts. 50 -51)
Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as
applicable to the consummated felony.

GENERAL RULE: The penalty prescribed by law in general terms shall be imposed upon the principals
for a consummated felony.

EXCEPT: When the penalty to be imposed upon the principal in frustrated or attempted felony is fixed
by law.

GRADUATION OF PENALTIES
1. BY DEGREES – refers to
a) the stages of execution (consummated, frustrated, or attempted); and
b) the degree of the criminal participation of the offender (whether as principal,
accomplice or accessory).
2. BY PERIODS – refers to the proper period of the penalty which should be imposed when aggravating
or mitigating circumstances attend the commission of the crime.
------------------

ART. 47 CASES WHEREIN THE DEATH PENALTY SHALL NOT BE IMPOSED

Article 47. In what cases the death penalty shall not be imposed; Automatic review of death penalty
cases. - The death penalty shall be imposed in all cases in which it must be imposed under existing
laws, except when the guilty person is below eighteen (18) years of age at the time of the commission
of the crime or is more than seventy years of age or when upon appeal or automatic review of the
case by the Supreme Court, the required majority vote is not obtained for the imposition of the death
penalty, in which cases the penalty shall be reclusion perpetua.
In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to
the Supreme Court for automatic review and judgment by the court en banc, within twenty (20) days
but not earlier than fifteen (15) days after the promulgation of the judgment or notice of denial of
any motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10)
days after the filing thereof by the stenographic reporter. (As amended by Section 22, Republic Act
No. 7659.)
1. UNDER AGE. When the offender is below 18 years of age at the time of the commission of the crime.
2. OVER AGE. When the guilty person is more than seventy (70) years of age.
3. NO COURT MAJORITY. When upon appeal or automatic review of the case by the Supreme
Court, the vote of eight members is not obtained for the imposition of the death penalty.

 Automatic review is available only in cases where death penalty is imposed (R.A. 7659).

CRIMES PUNISHABLE BY DEATH UNDER THE DEATH PENALTY LAW (RA 7659)

1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and Serious Illegal Detention

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8. Robbery – with Homicide, Rape, Intentional Mutilation, or Arson
9. Rape – with the use of a deadly weapon, or by two or more persons
- where the victim became insane
- with Homicide
10. Qualified Rape
11. Destructive Arson
12. Plunder
13. Violation of certain provisions of the Dangerous Drugs Act
14. Carnapping

ART. 48 COMPLEX CRIMES

Article 48. Penalty for complex crimes. - When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its maximum period.(As amended by Act
No. 4000.)
CONCEPT:
1. In complex crime, although 2 or more crimes are actually committed, they constitute only one crime
in the eyes of the law as well as in the conscience of the offender.
2. The offender has only one criminal intent, hence there is only one penalty imposed for the
commission of a complex crime.

TWO KINDS OF COMPLEX CRIMES:

1. COMPOUND CRIME (delito compuesto) – a single act constitutes 2 or more grave or less grave
felonies.
REQUISITES:
1. That only a single act is performed by the offender;
2. That the single act produces: (1) two or more grave felonies, or (2) one or more grave and one
or more less grave felonies.
2. COMPLEX CRIME PROPER (delito complejo) – an offense is a necessary means for committing
the other.
REQUISITES:
1. That at least two offenses are committed;
2. That one or some of the offenses must be necessary to commit the other;
3. That both or all of the offenses must be punished under the same statute.
NO COMPLEX CRIME IN THE FOLLOWING CASES
1. In case of continuing crimes
2. When one offense is committed to conceal the other.
3. When the other crime is an indispensable part or an element of the other offenses.
4. Where one of the offenses is penalized by a special law.
 Art. 48 does not apply when the law provides one single penalty for special complex crime. These
include –
Robbery with Homicide
Robbery with Rape
Rape with Homicide
Kidnapping with Serious Physical Injuries
Kidnapping with Homicide or Murder

 The penalty for complex crime is the penalty for the most serious crime, the same to be applied in
its maximum period.

 If different crimes resulting from one single act are punished with the same penalty, the penalty for
any one of them shall be imposed, the same to be applied in the maximum period.

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 Art. 48 applies to crimes through negligence. E.g.: offender found guilty of a complex crime of
homicide with less serious physical injuries through reckless imprudence.

 When 2 felonies constituting a complex crime are punishable by imprisonment and fine,
respectively, only the penalty of imprisonment should be imposed. REASON: fine is not included
in the list of penalties in the order of severity, and it is the last in the graduated scales in Art. 71 of
the RPC.

Plurality of Crimes- consists in the successive execution, by the same individual, of different criminal acts,
upon any of which no conviction has yet been declared.

KINDS:
1. FORMAL OR IDEAL PLURALITY- only ONE CRIMINAL LIABILITY.
THREE GROUPS UNDER THE FORMAL TYPE:
a) When the offender commits any of the complex crimes in ART 48.
b) When the law specifically fixes a single penalty for two or more offenses committed.
c) When the offender commits continuing crimes.
2. REAL OR MATERIAL PLURALITY - DIFFERENT CRIMES in law, as well as in the conscience of
the offender; the offender shall be PUNISHED FOR EACH and every offense that he committed.
CONTINUING CRIME – is a single crime, consisting of a series of acts, but all arising from ONE
CRIMINAL RESOLUTION; length of time in the commission is immaterial.

REAL OR MATERIAL PLURALITY CONTINUED CRIME

1. There is a series of acts performed by the offender 1. There is a series of acts performed by the offender

2. Each act performed by the offender constitutes a 2. The different acts constitute only one crime, all of
separate crime, each act is generated by a criminal the acts performed arise from one criminal resolution
impulse

ART. 49 PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME

COMMITTED IS DIFFERENT FROM THAT INTENDED

RULES:
1. If the penalty for the felony committed be higher than the penalty for the offense which the accused
intended to commit, the lower penalty shall be imposed in its maximum period.
2. If the penalty for the felony committed be lower than the penalty for the offense which the accused
intended to commit, the lower penalty shall be imposed in its maximum period.
3. If the act committed also constitutes an attempt or frustration of another crime, and the law
prescribes a higher penalty for either of the latter, the penalty for the attempted or frustrated crime
shall be imposed in its maximum period.

Article 49. Penalty to be imposed upon the principals when the crime committed is different from that
intended. - In cases in which the felony committed is different from that which the offender intended
to commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to
the offense which the accused intended to commit, the penalty corresponding to the latter
shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the
one which the accused intended to commit, the penalty for the former shall be imposed in
its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts
committed by the guilty person shall also constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for either of the latter offenses, in which case

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 the penalty provided for the attempted or the frustrated crime shall be imposed in its
maximum period.(Read also Arts. 61, 62, and 65)
-------------------------------
Article 50. Penalty to be imposed upon principals of a frustrated crime. - The penalty next lower in
degree than that prescribed by law for the consummated felony shall be imposed upon the principal
in a frustrated felony.
Article 51. Penalty to be imposed upon principals of attempted crimes. - The penalty lower by two
degrees than that prescribed by law for the consummated felony shall be imposed upon the
principals in an attempt to commit a felony.
Article 52. Penalty to be imposed upon accomplices in a consummated crime. - The penalty next lower
in degree than that prescribed by law for the consummated felony shall be imposed upon the
accomplices in the commission of a consummated felony.
Article 53. Penalty to be imposed upon accessories to the commission of a consummated felony. - The
penalty lower by two degrees than that prescribed by law for the consummated felony shall be
imposed upon the accessories to the commission of a consummated felony.
Article 54. Penalty to be imposed upon accomplices in a frustrated crime. - The penalty next lower in
degree than that prescribed by law for the frustrated felony shall be imposed upon the accessories
in the commission of a frustrated felony.
Article 55. Penalty to be imposed upon accessories of a frustrated crime. - The penalty lower by two
degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories
to the commission of a frustrated felony.
Article 56. Penalty to be imposed upon accomplices in an attempted crime. - The penalty next lower
in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony.
Article 57. Penalty to be imposed upon accessories of an attempted crime. - The penalty lower by two
degrees than that prescribed by law for the attempt shall be imposed upon the accessories to the
attempt to commit a felony.

According to Arts. 50-57, the penalty prescribed by law for the felony shall be lowered by one or two
degrees, as follows:
1. For the principal in frustrated felony – one degree lower;
2. For the principal in attempted felony – two degrees lower;
3. For the accomplice in consummated felony – one degree lower;
4. For the accessory in consummated felony – two degrees lower;

DIAGRAM OF THE APPLICATION OF ARTS. 50- 57:

CONSUMMATED FRUSTRATED ATTEMPTED

Principal 0 1 2
Accomplice 1 2 3
Accessory/ies 2 3 4
In this diagram, “0” represents the penalty prescribed by law in defining a crime, which is to be
imposed on the principal in a consummated offense, in accordance with the provisions of Art. 64. The
other figures represent the degrees to which the penalty must be lowered, to meet the different
situations anticipated by law.

BASIS FOR THE IMPOSITION OF PROPER PENALTY

1. Social danger; and
2. Degree of criminality shown by the offender

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Article 58. Additional penalty to be imposed upon certain accessories. - Those accessories falling
within the terms of paragraph 3 of article 19 of this Code who should act with abuse of their public
functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal
offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall
be guilty of a less grave felony.

------------------------

ART. 59. PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME

BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE
The penalty for Impossible Crime is Arresto Mayor (imprisonment of 1 month and 1 day to 6 months)
or fine ranging from 200-500pesos.

ART. 61. RULES OF GRADUATING PENALTIES

------------------------------

ART. 62. EFFECTS OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING

CIRCUMSTANCES AND OF HABITUAL DELIQUENCY

EFFECTS:
1. Aggravating circumstances (generic and specific) have the effect of increasing the penalty, without
however exceeding the maximum period provided by law.
2. Mitigating circumstances have the effect of diminishing the penalty.
3. Habitual delinquency has the effect, not only of increasing the penalty because of recidivism which
is generally implied in habitual delinquency, but also of imposing an additional penalty.

REQUISITES OF HABITUAL DELIQUENCY:

1. That the offender had been convicted of any of the crimes of serious or less serious physical injuries,
robbery, theft, estafa or falsification.
2. That after conviction or after serving his sentence, he again committed, and, within 10 years from
his last release of first conviction, he was again convicted of any of the said crimes for the second
time.
3. That after his conviction of, or after serving sentence for the second offense, he again committed,
and, within 10 years from his last release or last conviction, he was again convicted of any of said
offenses, the third time or oftener.

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 Habituality distinguished from recidivism
HABITUAL RECIDIVISM
DELIQUENCY
As to the CRIMES committed
The crimes are specified It is sufficient that the accused on the date of his trial,
shall have been previously convicted by final
judgment of another crime embraced in the same title.

As to the PERIOD of time the crimes are committed

The offender is found guilty within ten years from his No period of time between the former conviction and
last release or last conviction. the last conviction.

As to the NUMBER of crimes committed

The accused must be found guilty the third time or The second offense is for an offense found in the same
oftener of the crimes specified. title.

As to their EFFECTS
An additional penalty is also imposed If not offset by a mitigating circumstance, serves to
increase the penalty only to the maximum

ART. 63 RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES

OUTLINE OF THE RULES:
1. When the penalty is single indivisible, it shall be applied regardless of any mitigating (except if
privilege mitigating) or aggravating circumstances.
2. When the penalty is composed of two indivisible penalties, the following rules shall be observed:
a) When there is only one aggravating circumstance, the greater penalty shall be imposed.
b) When there is neither mitigating nor aggravating circumstances, the lesser penalty shall be
imposed.
c) When there is a mitigating circumstance and no aggravating circumstance, the lesser penalty shall
be imposed.
d) When both mitigating and aggravating circumstances are present, the court shall allow them to
offset one another.
ART. 64 RULES FOR THE APPLICATION OF PENALTIES WHICH CONTAIN THREE PERIODS

CASES IN WHICH MITIGATING AND AGGRAVATING CIRCUMSTANCES ARE NOT

CONSIDERED IN THE IMPOSITION OF PENALTY:
1. When the penalty is single and indivisible (except if privileged mitigating)
2. In felonies through negligence
3. When the penalty is only a fine imposed by an ordinance
4. When the penalties are prescribed by special laws
Article 65. Rule in cases in which the penalty is not composed of three periods. - In cases in which the
penalty prescribed by law is not composed of three periods, the courts shall apply the rules
contained in the foregoing articles, dividing into three equal portions of time included in the penalty
prescribed, and forming one period of each of the three portions.

ART. 66. IMPOSITION OF FINES

OUTLINE OF THE PROVISION:
1. The court can fix any amount of the fine within the limits established by law.
2. The court must consider: (1) the mitigating and aggravating circumstances; and (2) more
particularly, the wealth or means of the culprit.
3. The court may also consider: (1) the gravity of the crime committed; (2) the heinousness of its
perpetration; and (3) the magnitude of its effects on the offender’s victims.

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Article 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance
of Article 12 are present.- When all the conditions required in circumstance number 4 of Article 12 of
this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its
maximum period to prision correccional in its minimum period shall be imposed upon the culprit,
if he shall have been guilty of a grave felony, and arresto mayor in its minimum and medium
periods, if of a less grave felony.

ART. 68. PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE

 This article is not immediately applicable to a minor under 18 years of age, because such minor, if
found guilty of the offense charged, is not sentenced to any penalty. The sentence is suspended and
he is ordered committed to the reformatory institution, IF, his application therefore is approved by
the court.

 This article is applicable when the minor’s 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.

Article 69. Penalty to be imposed when the crime committed is not wholly excusable. - A penalty lower
by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly
excusable by reason of the lack of some of the conditions required to justify the same or to exempt
from criminal liability in the several cases mentioned in article 11 and 12, provided that the majority
of such conditions be present. The courts shall impose the penalty in the period which may be
deemed proper, in view of the number and nature of the conditions of exemption present or lacking.

ART. 70. SUCCESSIVE SERVICE OF SENTENCE

THE THREE-FOLD RULE

1. THE MAXIMUM DURATION OF THE CONVICT’S SENTENCE shall not be more than three times
the length of time corresponding to the most severe of the penalties imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is to serve 4 or more sentences successively.
4. Subsidiary penalty forms part of the penalty.

DIFFERENT SYSTEMS OF PENALTY, RELATIVE TO THE EXECUTION OF TWO OR MORE

PENALTIES IMPOSED ON ONE AND THE SAME ACCUSED
1. Material accumulation system
No limitation whatever, and accordingly, all the penalties for all the violations were imposed
even if they reached beyond the natural span of human life.
2. Juridical accumulation system
Limited to not more than three-fold the length of time corresponding to the most severe and in
no case to exceed 40 years. This is followed in our jurisdiction.
3. Absorption system
The lesser penalties are absorbed by the graver penalties.
---------------------------------

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Article 71. Graduated scales. - In the cases in which the law prescribes a penalty lower or higher by
one or more degrees than another given penalty, the rules prescribed in article 61 shall be observed
in graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in which is comprised the given
penalty.

The courts, in applying such lower or higher penalty, shall observe the following graduated scales:

SCALE NO. 1 SCALE NO. 2

1. Death, 1. Perpetual absolute disqualification,
2. Reclusion perpetua, 2. Temporary absolute disqualification
3. Reclusion temporal, 3. Suspension from public office, the right to vote
4. Prision mayor, and be voted for, the right to follow a profession
5. Prision correccional, or calling,
6. Arresto mayor, 4. Public censure,
7. Destierro, 5. Fine.
8. Arresto menor,
9. Public censure,
10. Fine.
Article 72. Preference in the payment of the civil liabilities. - The civil liabilities of a person found
guilty of two or more offenses shall be satisfied by following the chronological order of the dates of
the final judgments rendered against him, beginning with the first in order of time.
 Civil liability is satisfied by following the chronological order of the dates of the final
judgment.

Article 73. Presumption in regard to the imposition of accessory penalties. - Whenever the courts shall impose
a penalty which, by provision of law, carries with it other penalties, according to the provisions of
Articles 40, 41, 42, 43, 44, and 45 of this Code, it must be understood that the accessory penalties are
also imposed upon the convict.

Article 74. Penalty higher than reclusion perpetua in certain cases. - In cases in which the law prescribes a
penalty higher than another given penalty, without specifically designating the name of the former, if
such higher penalty should be that of death, the same penalty and the accessory penalties of article 40,
shall be considered as the next higher penalty.

Article 75. Increasing or reducing the penalty of fine by one or more degrees. - Whenever it may be necessary
to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced,
respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without,
however, changing the minimum.
The same rules shall be observed with regard to fines that do not consist of a fixed amount, but are
made proportional.

Article 76. Legal period of duration of divisible penalties. - The legal period of duration of divisible penalties
shall be considered as divided into three parts, forming three periods, the minimum, the medium, and
the maximum in the manner shown in the following table:

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 TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN
EACH OF THEIR PERIODS
Penalties Time included Time included Time included Time included in
in the penalty in in its minimum in its medium its maximum
its entirety period period
Reclusion temporal From 12 years From 12 years From 14 years, 8 From 17 years, 4
and 1 day to 20 and 1 day to 14 months and 1 months and 1 day
years. years and 8 day to 17 years to 20 years.
months. and 4 months.
Prision mayor, From 6 years From 6 years From 8 years From 10 years and
absolute and 1 day to 12 and 1 day to 8 and 1 day to 10 1 day to 12 years.
disqualification and years. years. years.
special temporary
disqualification

Prision correccional, From 6 months From 6 months From 2 years, 4 From 4 years, 2
suspension and and 1 day to 6 and 1 day to 2 months and 1 months and 1 day
destierro years. years and 4 day to 4 years to 6 years.
months. and 2 months.

Arresto mayor From 1 month From 1 to 2 From 2 months From 4 months

and 1 day to months. and 1 day to 4 and 1 day to 6
months. months. months.

Arresto menor From 1 to 30 From 1 to 10 From 11 to 20 From 21 to 30

days. days. days. days.

ART. 77. WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT
PENALTIES
Article 77. When the penalty is a complex one composed of three distinct penalties. - In cases in which
the law prescribes a penalty composed of three distinct penalties, each one shall form a period; the
lightest of them shall be the minimum, the next the medium, and the most severe the maximum
period.
Whenever the penalty prescribed does not have one of the forms specially provided for in this Code,
the periods shall be distributed, applying for analogy the prescribed rules.

COMPLEX PENALTY - is a penalty prescribed by law composed of three distinct penalties, each
forming a period: the lightest of them shall be the minimum, the next the medium, and the most severe
the maximum period.

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 INDETERMINATE SENTENCE LAW (ISL)
Act No. 4103 as amended by Act No. 4225

CONCEPT OF INDETERMINATE SENTENCE – is a sentence with a minimum term and a maximum

term which, the court is mandated to impose for the benefit of a guilty person who is not disqualified
therefore, when the maximum imprisonment exceeds one (1) year. It applies to both violations of Revised
Penal Code and special laws.

A. SENTENCE IN THE ISL

In imposing a prison sentence for an offense punished by the Revised Penal Code or special penal laws,
the court shall sentence the accused to an indeterminate sentence, which has a maximum and a minimum
term based on the penalty actually imposed.

 ISL application is mandatory, where imprisonment would exceed one year.

I. IF THE PENALTY IS IMPOSED BY THE RPC:

1. The Maximum Term – is that which could be properly imposed under the RPC, considering the
aggravating and mitigating circumstances.
2. The MinimumTerm – is within the range of the penalty one degree lower than that prescribed by the
RPC, without considering the circumstances.

 BUT when there is a privileged mitigating circumstance, so that the penalty has to be lowered by one
degree, the STARTING POINT for determining the minimum term of the indeterminate penalty is the
penalty next lower than that prescribed by the Code for the offense.

II. IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW

a) The Maximum Term – must not exceed the maximum term fixed by said law.

b) The Minimum Term – must not be less than the minimum term prescribed by the same.

 For SPECIAL LAWS, it is anything within the inclusive range of the prescribed penalty. Courts are
given discretion in the imposition of the indeterminate penalty.

The aggravating and mitigating circumstances are not considered unless the special law adopts the
same terminology for penalties as those used in the RPC (such as reclusión perpetua and the like).

B. WHEN BENEFIT OF THE ISL IS NOT APPLICABLE:

The Indeterminate Sentence Law shall not apply to the following persons:
1. sentenced to death penalty or life imprisonment
2. treason, or conspiracy or proposal to commit treason
3. misprision of treason, rebellion, sedition or espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded sentence
7. granted with conditional pardon by the President, but violated the terms thereof
8. maximum term of imprisonment does not exceed 1 year
9. sentenced to the penalty of destierro or suspension only

C. RELEASE OF THE PRISONER ON PAROLE

The Board of Pardons and Parole may authorize the release of a prisoner on parole, after he shall have
served the minimum penalty imposed on him, provided that:

a) Such prisoner is fitted by his training for release,

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b) There is reasonable probability that he will live and remain at liberty without violating the law,
c) Such release will not be incompatible with the welfare of society.

D. ENTITLEMENT TO FINAL RELEASE AND DISCHARGE

If during the period of surveillance such paroled prisoner shall: (a) show himself to be a law abiding
citizen and, (b) shall not violate any law, the Board may issue a final certification in his favor, for his
final release and discharge.

E. SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE

When the paroled prisoner shall violate any of the conditions of his parole: (a) the Board may issue an
order for his arrest, and thereafter, (b) the prisoner shall serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison.

F. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE
SENTENCE
The minimum and maximum terms in the IS must be fixed, because they are the basis for the following:
1. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on him, and (b) is fit for
release of the prisoner on parole, upon terms and conditions prescribed by the Board.
2. But when the paroled prisoner violates any of the conditions of his parole during the period of
surveillance, he may be rearrested to serve the remaining unexpired portion of the MAXIMUM
sentence.
3. Even if a prisoner has already served the MINIMUM, but he is not fitted for release on the parole,
he shall continue to serve until the end of the MAXIMUM term.
THE CHILD AND YOUTH WELFARE CODE (PD 603, as amended)

Who is a Youthful Offender?

A youthful offender is a child, minor, or youth, including one who is emancipated in accordance with
law, who is over nine years but under eighteen years of age at the time of the commission of the offense.

 A child nine years of age or under at the time of the commission of the offense shall be exempt from
criminal liability and shall be committed to the care of his or her father or mother, or nearest relative
or family friend in the discretion of the court and subject to its supervision.
 The same shall be done for a child over nine years and under fifteen years of age at the time of the
commission of the offense, unless he acted with discernment, in which case he shall be proceeded
against in accordance with Article 192.

1. The purpose of the Child and Youth Welfare Code is to avoid a situation where JUVENILE
OFFENDERS would commingle with ordinary criminals in prison.
2. If the court finds that the youthful offender committed the crime charged against him, it shall
DETERMINE the imposable penalty and the civil liability chargeable against him.
3. The court may not pronounce judgment of conviction but instead SUSPEND all further proceedings
if, upon application of the youthful offender, it finds that the best interest of the public and that of the
offender will be served thereby.
4. The benefits of Article 192 of PD 603, as amended, providing for suspension of sentence, shall NOT
APPLY TO (1) a youthful offender who once enjoyed suspension of sentence under its provisions,
or (2) one who is convicted of an offense punishable by death or life imprisonment.
5. The youthful offender shall be RETURNED to the committing court for pronouncement of judgment,
when the youthful offender, (1) has been found incorrigible, or (2) has willfully failed to comply with
the conditions of his rehabilitation programs; or (3) when his continued stay in the training
institution would be inadvisable.
6. When the youthful offender has reached the age of TWENTY-ONE while in commitment, the court
shall determine whether-
a) To DISMISS the case, if the youthful offender has behaved properly and has shown his
capability to be a useful member of the community; or
b) To PRONOUNCE the judgment of conviction, if the conditions mentioned are not met.

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7. In the latter case, the convicted offender may apply for PROBATION. In any case, the youthful
offender shall be credited in the service of his sentence with the full time spent in actual commitment
and detention.
8. The final release of a youthful offender, based on good conduct as provided in Art. 196 shall not
obliterate his CIVIL LIABILITY for damages.
9. A minor who is ALREADY AN ADULT at the time of his conviction is not entitled to a suspension
of sentence.

PROBATION LAW OF 1976

(PD 968, AS AMENDED)
A. CONCEPT

PROBATION 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.

B. APPLICATION

This shall apply to all offenders except those entitled to benefits under PD 603 and similar laws.

C. RULES ON GRANT OF PROBATION

1. After having convicted and sentenced a defendant, the trial court MAY SUSPEND the execution of
the sentence, and place the defendant on probation, upon APPLICATION by the defendant within
the period for perfecting an appeal.
2. Probation may be granted whether the sentence imposed a term of imprisonment or fine only.
3. NO application for probation shall be entertained or granted if the defendant has PERFECTED AN
APPEAL from the judgment of conviction.
4. Filing of application for probation operates as a WAIVER OF THE RIGHT TO APPEAL.
5. The application shall be filed with the trial court, and the order granting or denying probation shall
NOT BE APPEALABLE.
6. Accessory penalties are deemed suspended once probation is granted.

D. POST-SENTENCE INVESTIGATION

The convict is not immediately placed on probation. There shall be a prior investigation by the
probation officer and a determination by the court.

E. CRITERIA FOR PLACING AN OFFENDER ON PROBATION

The court shall consider:

1. All information relative to the character, antecedents, environment, mental, and physical condition
of the offender.
2. Available institutional and community resources.

F. PROBATION SHALL BE DENIED IF THE COURT FINDS THAT:

1. The offender is in need of correctional treatment that can be provided effectively by his
commitment to an institution.
2. There is undue risk of committing another crime.
3. Probation will depreciate the seriousness of the offense committed.

G. DISQUALIFIED OFFENDERS
THE BENEFITS OF THE DECREE SHALL NOT BE EXTENDED TO THOSE:
1. Sentenced to serve a maximum term of imprisonment of more the 6 years.
2. Convicted of subversion or any crime against the national security or the public order.
3. Previously convicted by final judgment of an offense punished by imprisonment of not less than 1
month and 1 day and/or a fine not less than P200.

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4. Once placed on probation.

H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1. Mandatory or general – once violated, the probation is cancelled. They are:
a) Probationer: Presents himself to the probation officer designated to undertake his supervision,
at such place as may be specified in the order, within 72 hours from receipt of order;
b) He reports to the probation officer at least once a month.

2. Discretionary or special – additional conditions listed, which the courts may additionally impose
on the probationer towards his correction and rehabilitation outside prison.
HOWEVER, the enumeration is not inclusive. Probation statutes are liberal in character and enable
the courts to designate practically ANY term it chooses, as long as the probationer’s
Constitutional rights are not jeopardized. Also, they must not be unduly restrictive of probationer,
and not incompatible with the freedom of conscience of probationer.

I. PERIOD OF PROBATION
FOR HOW LONG MAY A CONVICT BE PLACED ON PROBATION?
1. If the convict is sentenced to a term of imprisonment of NOT more than one year, the period of
probation shall not exceed 2 years.
2. In all other cases, if he is sentenced to more than one year, said period shall not exceed 6 years.
3. When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment.
The period of probation shall be twice the total number of days of subsidiary imprisonment.

J. ARREST OF PROBATIONER AND SUBSEQUENT DISPOSITIONS

1. At any time during probation, the court may issue a warrant for the ARREST of a probationer for
any serious violation of the conditions of probation.
2. If violation is established, the court may (a) REVOKE his probation, or (b) continue his probation
and MODIFY the conditions thereof. This order is not appealable.
3. If revoked, the probationer shall SERVE the sentence originally imposed.

K. TERMINATION OF PROBATION

The court may order the final discharge of the probationer upon finding that, he has fulfilled the terms
and conditions of his probation.

L. EFFECTS OF TERMINATION OF PROBATION

1. Case is deemed terminated.

2. Restoration of all civil rights lost or suspended.
3. Fully discharges liability for any fine imposed.

 Note that the probation is NOT coterminous with its period. There must be an order issued by the
court discharging the probationer.

Article 78. When and how a penalty is to be executed. - No penalty shall be executed except by virtue
of a final judgment.
A penalty shall not be executed in any other form than that prescribed by law, nor with any
other circumstances or incidents than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations prescribed for the
government of the institutions in which the penalties are to be suffered shall be observed with
regard to the character of the work to be performed, the time of its performance, and other incidents
connected therewith, the relations of the convicts among themselves and other persons, the relief
which they may receive, and their diet.

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 The regulations shall make provision for the separation of the sexes in different institutions,
or at least into different departments, and also for the correction and reform of the convicts.

Article 79. Suspension of the execution and service of the penalties in case of insanity. - When a convict
shall become insane or an imbecile after final sentence has been pronounced, the execution of said
sentence shall be suspended only with regard to the personal penalty, the provisions of the second
paragraph of circumstance number 1 of article 12 being observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the
penalty shall have prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility
occurs while the convict is serving his sentence.

Article 80. Suspension of sentence of minor delinquents. - Whenever a minor of either sex, under
sixteen years of age at the date of the commission of a grave or less grave felony, is accused thereof,
the court, after hearing the evidence in the proper proceedings, instead of pronouncing judgment of
conviction, shall suspend all further proceedings and shall commit such minor to the custody or care
of a public or private, benevolent or charitable institution, established under the law for the care,
correction or education of orphaned, homeless, defective, and delinquent children, or to the custody
or care of any other responsible person in any other place subject to visitation and supervision by
the Director of Public Welfare or any of his agents or representatives, if there be any, or otherwise
by the superintendent of public schools or his representatives, subject to such conditions as are
prescribed hereinbelow until such minor shall have reached his majority or for such less period as
the court may deem proper.(As amended by Republic Act No. 47.)
The court, in committing said minor as provided above, shall take into consideration the
religion of such minor, his parents or next of kin, in order to avoid his commitment to any private
institution not under the control and supervision of the religious sect or denomination to which they
belong.
The Director of Public Welfare or his duly authorized representatives or agents, the
superintendent of public schools or his representatives, or the person to whose custody or care the
minor has been committed, shall submit to the court every four months and as often as required in
special cases, a written report on the good or bad conduct of said minor and the moral and
intellectual progress made by him.
The suspension of the proceedings against a minor may be extended or shortened by the
court on the recommendation of the Director of Public Welfare or his authorized representatives or
agents, or the superintendent of public schools or his representatives, according as to whether the
conduct of such minor has been good or not and whether he has complied with the conditions
imposed upon him, or not. The provisions of the first paragraph of this article shall not, however,
be affected by those contained herein.
If the minor has been committed to the custody or care of any of the institutions mentioned
in the first paragraph of this article, with the approval of the Director of Public Welfare and subject
to such conditions as this official in accordance with law may deem proper to impose, such minor
may be allowed to stay elsewhere under the care of a responsible person.
If the minor has behaved properly and has complied with the conditions imposed upon him
during his confinement, in accordance with the provisions of this article, he shall be returned to the
court in order that the same may order his final release.
In case the minor fails to behave properly or to comply with the regulations of the institution
to which he has been committed or with the conditions imposed upon him when he was committed
to the care of a responsible person, or in case he should be found incorrigible or his continued stay
in such institution should be inadvisable, he shall be returned to the court in order that the same
may render the judgment corresponding to the crime committed by him.
The expenses for the maintenance of a minor delinquent confined in the institution to which
he has been committed, shall be borne totally or partially by his parents or relatives or those persons
liable to support him, if they are able to do so, in the discretion of the court: Provided, That in case
his parents or relatives or those persons liable to support him have not been ordered to pay said
expenses or are found indigent and cannot pay said expenses, the municipality in which the offense

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was committed shall pay one-third of said expenses; the province to which the municipality belongs
shall pay one-third; and the remaining one-third shall be borne by the National Government:
Provided, however, That whenever the Secretary of Finance certifies that a municipality is
not able to pay its share in the expenses above mentioned, such share which is not paid by said
municipality shall be borne by the National Government. Chartered cities shall pay two-thirds of
said expenses; and in case a chartered city cannot pay said expenses, the internal revenue allotments
which may be due to said city shall be withheld and applied in settlement of said indebtedness in
accordance with section five hundred and eighty-eight of the Administrative Code.(As amended by
Com. Act No. 99)

Article 81. When and how the death penalty is to be executed. - The death sentence shall be executed
with preference to any other and shall consist in putting the person under sentence to death by
electrocution. The death sentence shall be executed under the authority of the Director of Prisons,
endeavoring so far as possible to mitigate the sufferings of the persons under sentence during
electrocution as well as during the proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the
execution.
As soon as facilities are provided by the Bureau of Prisons, the method of carrying out the
sentence shall be changed to gas poisoning.
The death sentence shall be carried out not later than one (1) year after the judgment has
become final. (As amended by Sec. 24, Republic Act No. 7659.)

Article 82. Notification and execution of the sentence and assistance to the culprit. - The court shall
designate a working day for the execution, but not the hour thereof; and such designation shall not
be communicated to the offender before sunrise of said day, and the execution shall not take place
until after the expiration of at least eight hours following the notification, but before sunset. During
the interval between the notification and the execution, the culprit shall, in so far as possible, be
furnished such assistance as he may request in order to be attended in his last moments by priests
or ministers of the religion he professes and to consult lawyers, as well as in order to make a will
and confer with members of his family or persons in charge of the management of his business, of
the administration of his property, or of the care of his descendants.

ART. 83. SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE

Death sentence shall be suspended when accused is a:

1. Woman, while pregnant,

2. Woman, within one year after delivery,
3. Person over 70 years of age;
4. Convict who becomes insane, after final sentence of death has been pronounced.

Article 84. Place of execution and persons who may witness the same. - The execution shall take place
in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the
priests assisting the offender and by his lawyers, and by his relatives, not exceeding six, if he so
request, by the physician and the necessary personnel of the penal establishment, and by such
persons as the Director of Prisons may authorize.

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Article 85. Provision relative to the corpse of the person executed and its burial. - Unless claimed by
his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent
to the execution, be turned over to the institute of learning or scientific research first applying for it,
for the purpose of study and investigation, provided that such institute shall take charge of the
decent burial of the remains. Otherwise, the Director of Prisons shall order the burial of the body of
the culprit at government expense, granting permission to be present thereat to the members of the
family of the culprit and the friends of the latter. In no case shall the burial of the body of a person
sentenced to death be held with pomp.

Article 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto
mayor. - The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional
and arresto mayor, shall be executed and served in the places and penal establishments provided by
the Administrative Code in force or which may be provided by law in the future.

ART. 87. DESTIERRO

Article 87. Destierro. - Any person sentenced to destierro shall not be permitted to enter the place or
places designated in the sentence, nor within the radius therein specified, which shall be not more
than 250 and not less than 25 kilometers from the place designated.
ONLY IN THE FOLLOWING CASES IS DESTIERRO IMPOSED:

1. Death or serious physical injuries is caused or are inflicted under exceptional circumstances (Art. 247);

2. Failure to give bond for good behavior in grave and light threats (Art. 284);
3. Penalty for the concubine in concubinage (Art. 334);
4. When, after reducing the penalty by one or more degrees, destierro is the proper penalty.

Article 88. Arresto menor. - The penalty of arresto menor shall be served in the municipal jail, or in
the house of the defendant himself under the surveillance of an officer of the law, when the court
so provides in its decision, taking into consideration the health of the offender and other reasons
which may seem satisfactory to it.

ART. 89. CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED

Article 89. How criminal liability is totally extinguished. - Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties,
liability therefor is extinguished only when the death of the offender occurs before final
judgment.
2. By service of the sentence.
3. By amnesty, which completely extinguishes the penalty and all its effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the penalty.
7. By the marriage of the offended woman, as provided in Article 344 of this Code.

HOW CRIMINAL LIABLITY TOTALLY EXTINGUISHED:

1. By the DEATH of the convict as to personal penalties; BUT as to pecuniary penalties, liability is
extinguished only when the death of the offender occurs before or after final judgment
2. By SERVICE OF SENTENCE;
3. By AMNESTY, which completely extinguishes the penalty and all its effects.
4. By ABSOLUTE PARDON
5. By PRESCRIPTION OF THE CRIME

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6. By PRESCRIPTION OF PENALTY
7. By MARRIAGE OF THE OFFENDED WOMAN with the offender in the crimes of rape, seduction,
abduction, and acts of lasciviousness. In the crimes of rape, seduction, abduction, and acts of
lasciviousness, the marriage, as provided under Art 344, must be contracted in good faith.

AMNESTY – is an act of the sovereign power granting oblivion or general pardon for a past offense, and
is rarely if ever exercised in favor of a single individual, and is usually extended in behalf of certain
classes of persons who are subject to trial but have not yet been convicted.

PARDON – is an act of grace, proceeding from the power entrusted with the execution of the laws,
which exempts the individual on whom it is bestowed from the punishment the law inflicts for the
crime he has committed.
Pardon distinguished from Amnesty

PARDON AMNESTY

1. Includes any crime and is exercised individually by 1. A blanket pardon to classes of persons or
the President communities who may be guilty of political offenses.

2. Exercised when the person is already convicted 2. May be exercised even before trial or investigation is
had

3. Merely looks FORWARD and relieves the offender
from the consequences of an offense of which he has
been convicted; it does not work for the restoration of
the rights to hold public office, or the right of suffrage,
unless such rights are expressly restored by means of
pardon.
4. Does not alter the fact that the accused is a recidivist
as it produces only the extinction of the personal effects
of the penalty.
3. 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. Makes an ex-convict no longer a recidivist, because
it obliterates the last vestige of the crime.

5. Does not extinguish the civil liability of the offender 5. Does not extinguish the civil liability of the offender

6. Being PRIVATE ACT by the President, must be 6. Being a Proclamation of the Chief Executive with the
pleaded and proved by the person pardoned concurrence of Congress; is a PUBLIC ACT of which
the courts should take judicial notice

Prescription of the crime – is the forfeiture or loss of the right of the State to prosecute the offender, after
the lapse of a certain time.

PRESCRIPTIVE PERIODS OF CRIMES:

1. Crimes punishable by
a) Death, reclusión perpetua or reclusión temporal – 20 years
b) afflictive penalties – 15 years
c) correctional penalties – 10 years except those punishable by arresto mayor which shall prescribe
in 5 years.
 When the penalty fixed by law is a compound one, the highest penalty shall be made the basis
of the application of the rules contained above.

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2. Crime of libel – 1 year
3. Offenses of oral defamation and slander by deed – 6 months
4. Light offenses – 2 months

Prescription of the penalty – is the loss or forfeiture of the right of the government to execute the final
sentence, after the lapse of a certain time.

PRESCRIPTIVE PERIODS OF PENALTIES:

1. Death and reclusión perpetua – 20 years

2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years except for the penalty of arresto mayor which prescribes in 5 years.
4. Light penalties – 1 year
Article 90. Prescription of crime. - Crimes punishable by death, reclusion perpetua or reclusion
temporal shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of
the application of the rules contained in the first, second and third paragraphs of this article. (As
amended by Republic Act No. 4661, approved June 19, 1966.)
Article 91. Computation of prescription of offenses. - The period of prescription shall commence to
run from the day on which the crime is discovered by the offended party, the authorities, or their
agents, and shall be interrupted by the filing of the complaint or information, and shall commence
to run again when such proceedings terminate without the accused being convicted or acquitted, or
are unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
Article 92. When and how penalties prescribe. - The penalties imposed by final sentence prescribe as
follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor,
which prescribes in five years;
4. Light penalties, in one year.
Article 93. Computation of the prescription of penalties. - The period of prescription of penalties shall
commence to run from the date when the culprit should evade the service of his sentence, and it
shall be interrupted if the defendant should give himself up, be captured, should go to some foreign
country with which this Government has no extradition treaty, or should commit another crime
before the expiration of the period of prescription.

ART. 93. COMPUTATION OF THE PRESCRIPTION OF PENALTIES

OUTLINE

1. Period of prescription commences to run from the date when the culprit evaded the service of his
sentence.
2. It is interrupted when the convict
a) gives himself up,
b) is captured,
c) goes to a foreign country with which we have no extradition treaty, or
d) commits any crime before the expiration of the period of prescription.

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ELEMENTS

1. That the penalty is imposed by final judgment

2. That the convict evaded the service of his sentence by escaping during the term of his sentence
3. The convict who escape from prison has not given himself up, or been captured, or gone to a foreign
country
4. That the penalty has prescribed because of the lapse of time from the date of the evasion of service
of the sentence by the convict.

ART. 94. PARTIAL EXTINCTION OF CRIMINAL LIABILITY - Criminal liability is extinguished

partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his sentence.

Article 95. Obligation incurred by person granted conditional pardon. - Any person who has been
granted conditional pardon shall incur the obligation of complying strictly with the conditions
imposed therein; otherwise, his non-compliance with any of the conditions specified shall result in
the revocation of the pardon and the provisions of article 159 shall be applied to him.

Article 96. Effect of commutation of sentence. - The commutation of the original sentence for another
of a different length and nature shall have the legal effect of substituting the latter in the place of
the former.

Article 97. Allowance for good conduct. - The good conduct of any prisoner in any penal institution
shall entitle him to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of five
days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
deduction of eight days for each month of good behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall
be allowed a deduction of ten days for each month of good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of fifteen days for each month of good behavior.

Article 98. Special time allowance for loyalty. - A deduction of one-fifth of the period of his sentence
shall be granted to any prisoner who, having evaded the service of his sentence under the
circumstances mentioned in article 158 of this Code, gives himself up to the authorities within 48
hours following the issuance of a proclamation announcing the passing away of the calamity or
catastrophe to in said article.

Article 99. Who grants time allowances. - Whenever lawfully justified, the Director of Prisons shall
grant allowances for good conduct. Such allowances once granted shall not be revoked.

CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHED:

1. By CONDITIONAL PARDON;
2. By COMMUTATION OF SERVICE
3. For GOOD CONDUCT ALLOWANCES which the culprit may earn while he is serving sentence;
4. By PAROLE

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 a. Parole – is the suspension of the sentence of a convict, after serving the minimum term of the
indeterminate penalty, without being granted a pardon, prescribing the terms upon which the
sentence shall be suspended

b. If the convict fails to observe the condition of the parole, the Board of Pardons and Parole is
authorized to :
(1) direct his ARREST AND RETURN TO CUSTODY and thereafter;
(2) to CARRY OUT HIS SENTENCE WITHOUT REDUCTION of the time that has elapsed
between the date of the parole and the subsequent arrest.
5. By PROBATION. See Probation Law

Conditional pardon distinguished from parole

CONDITIONAL PARDON PAROLE

1. May be given at any time after final judgment; is 1. May be given after the prisoner has served the
granted by the Chief Executive under the provisions minimum penalty; is granted by the Board of Pardons
of the Administrative Code and Parole under the provision of the Indeterminate
Sentence Law

2. For violation of the conditional pardon, the convict 2. For violation of the terms of the parole, the convict
may be ordered re-arrested or re-incarcerated by the CANNOT BE PROSECUTED UNDER ART. 159 OF
Chief Executive, or may be PROSECUTED under Art. THE RPC, he can be re-arrested and re-incarcerated to
159 of the Code serve the unserved portion of his original penalty.

CIVIL LIABILITY

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

Article 101. Rules regarding civil liability in certain cases. - The exemption from criminal liability
established in subdivisions 1, 2, 3, 5 and 6 of article 12 and in subdivision 4 of article 11 of this Code
does not include exemption from civil liability, which shall be enforced subject to the following
rules:
First. In cases of subdivisions 1, 2, and 3 of article 12, the civil liability for acts committed by
an imbecile or insane person, and by a person under nine years of age, or by one over nine but under
fifteen years of age, who has acted without discernment, shall devolve upon those having such
person under their legal authority or control, unless it appears that there was no fault or negligence
on their part.
Should there be no person having such insane, imbecile or minor under his authority, legal
guardianship, or control or if such person be insolvent, said insane, imbecile, or minor shall respond
with their own property, excepting property exempt from execution, in accordance with the civil
law.
Second. In cases falling within subdivision 4 of article 11, the persons for whose benefit the
harm has been prevented shall be civilly liable in proportion to the benefit which they may have
received.
The courts shall determine, in sound discretion, the proportionate amount for which each one shall
be liable.
When the respective shares cannot be equitably determined, even approximately, or when
the liability also attaches to the Government, or to the majority of the inhabitants of the town, and,
in all events, whenever the damage has been caused with the consent of the authorities or their
agents, indemnification shall be made in the manner prescribed by special laws or regulations.

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 Third. In cases falling within subdivisions 5 and 6 of article 12, the persons using violence
or causing the fears shall be primarily liable and secondarily, or, if there be no such persons, those
doing the act shall be liable, saving always to the latter that part of their property exempt from
execution.

Article 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments. -
In default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons or
corporations shall be civilly liable for crimes committed in their establishments, in all cases where
a violation of municipal ordinances or some general or special police regulation shall have been
committed by them or their employees.
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft
within their houses from guests lodging therein, or for the payment of the value thereof, provided
that such guests shall have notified in advance the innkeeper himself, or the person representing
him, of the deposit of such goods within the inn; and shall furthermore have followed the directions
which such innkeeper or his representative may have given them with respect to the care of and
vigilance over such goods. No liability shall attach in case of robbery with violence against or
intimidation of persons unless committed by the innkeeper's employees.

Article 103. Subsidiary civil liability of other persons. - The subsidiary liability established in the
next preceding article shall also apply to employers, teachers, persons, and corporations engaged in
any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or
employees in the discharge of their duties.

ART. 100. CIVIL LIABILITY OF A PERSON GUILTY OF FELONY

A CRIME HAS A DUAL CHARACTER:

1. As an offense against the state, because of the disturbance of the social order; and

2. As an offense against the private person injured by the crime, UNLESS it involves the crime of
treason, rebellion, espionage, contempt, and others wherein no civil liability arises on the part of
the offender, either because there are no damages to be compensated or there is no private person
injured by the crime.

EFFECT OF ACQUITTAL

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 liability might arise
did not exist. (See Section 1, Rule 111 of the 2000 Rules on Criminal Procedure. Civil liability arising
from other sources of obligations is not impliedly instituted with the criminal action).

EFFECT OF DISMISSAL OF CASE

The dismissal of the information or the criminal action does NOT affect the right of the offended party to
institute or continue the civil action already instituted arising from the offense, because such dismissal
or extinction of the penal action does not carry with it the extinction of the civil action.

EFFECT OF DEATH OF THE OFFENDER

If the offender dies prior to the institution of the action or prior to the finality of judgment, civil liability
ex-delicto is extinguished. (DE GUZMAN vs. PEOPLE OF THE PHILIPPINES, G.R. No. 154579. October
8, 2003)

 In all these cases, civil liability from sources other than delict are not extinguished.

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ART. 101. RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES

- Civil liability is still imposed in cases falling under exempting circumstances

EXCEPT:

1. No civil liability in paragraph 4 of Art. 12 which provides for injury caused by mere accident.

2. No civil liability in paragraph 7 of Art. 12 which provides for failure to perform an act required
by law when prevented by some lawful or insuperable cause.

- No civil liability is imposed in cases falling under justifying circumstances

EXCEPT: under paragraph 4, where a person does an act, causing damage to another, in order to avoid
evil or injury, the person benefited by the prevention of the evil or injury shall be civilly liable in
proportion to the benefit he received.

ART. 102. SUBSIDIARY LIABILITY OF INNKEEPERS, TAVERNKEEPERS, AND PROPRIETORS

OF ESTABLISHMENTS

ELEMENTS UNDER PARAGRAPH 1

1. That the innkeeper, tavernkeeper or proprietor of establishment or his employee committed a

violation of municipal ordinance or some general or special police regulation.

2. That the crime is committed in such inn, tavern or establishment.

3. That the person criminally liable is insolvent.

 Concurrence of all elements makes the innkeeper, tavernkeeper, or proprietor civilly liable for the
crime committed in his establishment.

ELEMENTS UNDER PARAGRAPH 2

1. That the guests notified in advance the innkeeper or the person representing of the deposit of their
goods within the inn or house.

2. The guests followed the directions of the innkeeper or his representative with respect to the care of and
vigilance over such goods.

3. Such goods of the guests lodging therein were taken by robbery with force upon things or theft
committed within the inn or house.

ART. 103. SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS

ELEMENTS
1. The employer, teacher, person, or corporation is engaged in any kind of industry.
2. Any of their servants, pupils, workmen, apprentices, or employees commits a felony while in the
discharge of his duties.
3. The said employee is insolvent and has not satisfied his civil liability.

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