CRIMINAL LAW REVIEW

BOOK 1 Mala In Se vs. Mala Prohibita

FUNDAMENTALS AND GENERAL PRINCIPLES IN CRIMINAL Mala In Se Mala Prohibita

LAW  Inherently  Not inherently
wrong or wrong, they
A. Definition of Criminal Law immoral; are only wrong
 Good faith or because they
Criminal Law lack of criminal are prohibited
- It is a branch of municipal law which defines intent is a by law;
crimes, treat of their nature and provides for defense;  Good faith is
their punishment.  Modifying not a defense;
circumstances  Modifying
“Nullum Crimen, Nulla Poena Sine Lege” can be circumstances
- There is no crime where there is no law appreciated; is not
punishing it. It is of the essence that while  Punishable applicable;
anti-social acts should be penalized, there under the RPC  Punishable
must be a clear definition of the punishable or special laws under Special
offense as well as the penalty that may be where the acts Laws.
imposed. punishable
therein are
 Two (2) Theories in Criminal Law: wrong in
nature.
1. Classical Theory
- The basis of criminality is human free will.  XPN TO WHAT IS GOVERNING LAW:
- When a man commits a felonious or criminal - There may be mala in se crimes under special
act, the act is presumed to have been done laws, such as plunder under RA 7080; while
voluntarily (with freedom, intelligence, and there may also be mala prohibita crimes
intent). defined in the RPC, such as technical
- Man, therefore, should be adjudged or held malversation.
accountable for wrongful acts so long as free - The better approach to distinguish between
will appears unimpaired. mala in se and mala prohibita crimes is the
determination of the inherent immorality or
2. Positivist Theory vileness of the penalized act.
- The basis for the criminal liability is the sum o If the punishable act or omission is
total of the social and economic phenomena immoral itself, then it is a crime
to which the offense is expressed. mala in se; on the contrary, if it is
- The purpose of penalties is to secure justice. not immoral in itself, but there is a
It is imposed not only to be retributive but statute prohibiting its commission
must also be reformative, to give the convict by reasons of public policy, then it is
an opportunity to live a new life and rejoin mala prohibita.
society as a productive and civic-spirited
member of the community. B. Construction of Penal Laws
- In case of doubt, it should be resolved in
favor of the accused.

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 1
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“In Dubio Pro Reo”
- When in doubt, for the accused.
- Rule of Lenity
o The rule applies when the court is
faced with two possible
interpretations of a penal statute –
one that is prejudicial to the
accused and another that is
favorable to him. The rule calls for
the adoption of an interpretation
which is MORE LENIENT.
C. Applicability and Effectivity of the Penal Code
Cardinal Features of Principles of Criminal Law:
a. Generality
Article 14 of the New Civil Code – Penal laws and those of
public security and safety shall be obligatory upon who live
or sojourn in the Philippine territory, subject to the
Priniciples of Public International Law and to treary
stipulations.
- Foreign characteristics of an offender does
not exclude him from operation of penal
laws.
- The courts have jurisdiction to try military
offenders charged with violation of the penal
laws. However, service-connected crimes
shall be tried by the court-martial as
mandated by RA 7055.
 Territoriality vs. Generality: applicability is
dependent on the issue raised by the accused in
invoking criminal immunity.
- Territoriality, accused invokes immunity due
to the unique characteristic of the place
where the crime was committed; while the
Generality, accused invokes immunity
because of the unique characteristic of his
person (ex. Foreigner, military, ambassador
and president).
XPN:
1. Principle of International Law
- Ex. Consular officers are immune from
criminal prosecution of acts performed in the
exercise of function.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
2. Laws of Preferential Application
- Ex. Article 349 RPC; Bigamy - not obligatory
to Muslims married in accordance with
Muslim Laws because of PD 1083.
3. Presidential Immunity
- Conditions:
 Immunity has been asserted;
 Act constituting the crime is
committed in the performance of
his duties;
 During the period of his incumbency
and tenure.
b. Territoriality
 The Crime was committed in the following:
o Embassy – A person who committed a
crime within the premises of an embassy
will be prosecuted under the Law of the
Philippines because of the principle of
Territoriality. However, jurisdiction of
the Philippines over the embassy is
limited or restricted by the principles of
inviolability of diplomatic premises,
which is generally accepted principle of
International Law.
o Territorial Waters – It refers to all waters
seaward to a line 12 nautical miles
distant from the archipelagic baseline
over which the Philippines exercises
jurisdiction. It is located between the
national or archipelagic waters and the
territorial lands of the Philippines, and
the high seas.
 Three fundamental rules in International Law
regarding crimes committed aboard a foreign
merchant vessel (not military vessel), if the same is
within the 12-mile territorial water of the
Philippines (not internal or archipelagic water or
high seas):
1. FRENCH RULE (Flag State Principle)
- The crime committed aboard a foreign
merchant vessel within the territorial water
of the Philippines are subject to the
jurisdiction of the flag state unless their
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commission affects the peace and security of
our country.
- Followed in the Philippines.
2. ENGLISH RULE (Coastal State Principle)
- The crimes committed aboard a foreign
merchant vessel within the territorial water
of the Philippines are subject to the
jurisdiction of the Philippines unless their
commission does not affect the peace and
security of our country, or has no pernicious
effect therein.
3. Convention of the Law of the Sea
- The flag state of foreign merchant vessel
passing through the territorial sea has
jurisdiction over crimes committed therein.
- XPN: Sec. 2, Article 27
 Spratly Islands
- The chain of Islands in the South China Sea,
the ownership of which is being disputed by
the Philippines, Taiwan, Malaysia, Vietnam,
Brunei and China.
- China considers the entire spratly islands as
part of China, and claims that it has historical
naval presence therein. Thus, the Philippines
had no jurisdiction over the crime committed
by a Filipino in the disputed island.
 Kalayaan Islands/ Scarborough Shoal (Regime of
Islands) –
- Western part of Spratly Island. The
Philippines has jurisdiction over crimes
committed therein.
 EXTRA-TERRITORIALITY PRINCIPLE
- Philippines has jurisdiction over crimes
committed outside its territory as provided in
Article 2 of the RPC.
Article 2 of the Revised Penal Code - 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:
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
1. Should commit an offense while on a Philippine
ship or airship (Flag State Rule)
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; (Forgery)
3. Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the presiding number;
(Function- Related Crime)
4. While being public officers or employees, should
commit an offense in the exercise of their
functions; or (National Security)
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. (Universal
Crime)
c. Prospectivity
- Criminal law merely punishes the crimes
committed on or after its effectivity.
Article 21 of the Revised Penal Code – No felony shall be
punishable by any penalty not prescribed by law prior to its
commission.
GR: Penal laws shall have prospective application, lest they
acquire the character of an ex post facto law.
XPNS: Laws shall be given retroactive effect:
1. Favorable Law and Non-Habitual Delinquency
- If the law is favorable to the accused, who is
not a habitual delinquent.
- Benefits a convict although he is already
serving his sentence.
2. Decriminalization
- If the law decriminalizes an act.
- Ex. RA 10158 – decriminalizes vagrancy under
Article 202 of the RPC.
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3. Express Provision
- Congress in passing a law can insert a
provision on retroactivity subject to the
Constitutional prohibition on ex post facto
law. If the law expressly provides
retroactivity, the court must give retroactive
effect to this law even if the accused is a
habitual delinquent.
 EFFECTS OF REPEAL
 Two Kinds of Repeal:
1. Absolute Repeal
- Repeal of penal law deprives the courts of
jurisdiction to punish persons charged with a
violation of the old penal law prior to its
repeal.
- The intention of the new law in totally
repealing the old law is to decriminalize an
act punishable under the latter.
2. Partial Repeal
- Repeal with re-enactment of a penal law
does not deprive the courts of jurisdiction to
punish persons charged with a violation of
the old penal law prior to its repeal.
- Such repeal can even without a saving clause
will not destroy criminal liability.
 EFFECTS OF AMENDMENT
- Amendment of penal law shall be given a
prospective effect but if the amendatory law
is favorable to the accused, who is not a
habitual delinquent, the same shall be given
retroactive effect.
 CONSTITUTIONAL LIMITATIONS ON POWER OF
CONGRESS TO ENACT PENAL LAWS:
1. Equal Protection
2. Due Process
3. Non-imposition of Cruel and Unusual Punishment
or Excessive Fine
4. Bill of Attainer – legislation that inflicts
punishment on an individual without a judicial
trial.
5. Ex Post Facto Law – Law which retroactively
affects the right or condition of an accused who
committed a crime prior to its effectivity.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
FELONIES
Criminal Liabilities and Felonies
Article 3 – Definitions –
Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only by means of deceit (dolo)
but also by means of fault (culpa).
There is deceit when the act is performed with deliberate
intent; and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
Felonies – crimes punishable under the RPC;
crime must be committed by means of dolo.
Offenses – punishable under Special Laws; dolo or
malice is not an element unless it expressly says
so.
o Crimes may be:
o Intentional – intentionally committed
o Culpable – committed through
recklessness or negligence.
 Elements of an Intentional Felony:
1) Criminal Act –
- “actus reus”
- required to be committed to consummate a
felony. To identify the criminal act, one must
consider the “verb” in the provision defining
a felony.
2) Criminal Intent –
- To consummate the crime, the criminal act
must be accompanied with the required
criminal intent since it is a basic rule that an
act is not criminal unless the mind of the
actor is criminal.
Mens Rea
- Required to commit a felony is a combination
of the evil intent and specific criminal intent.
 Mode of Commission –
- Criminal act, the commission of which is
necessary to consummate the crime, should
not be confused with the criminal mode of
commission.
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- Ex. Article 29, RPC – Criminal act of robbery is
taking of personal property while the mode
of commission is violence or intimidation.
Employment of violence or intimidation to
take the personal property is not enough to
consummate the crime.
- The offense is malum prohibitum, meaning
that the prohibited act is not inherently
immoral but becomes a criminal offense
because positive law forbids its commission
based on considerations of public policy,
order and convenience.

 Consummation of Crime – Mistake of Fact –

- To consummate the crime, what is important
is the commission of the criminal act (by
means of the required mode) with the
general and specific criminal intent.
- The commission of the intended act or the
accomplishment of the criminal objective is
not necessary to consummate the crime.
 Voluntariness –
- Essential element of crime, whether it is
committed by means of dolo or culpa, or
classified as malum in se or malum
prohibitum.
Culpa
- Under Article 3 of the RPC, it is not a crime
but just a mode of committing a crime.
Dolo
- On malice, it is an element of malum in se and
such is not material in malum prohibitum and
culpable crime.
- In intentional felony, the concurrence of
freedom, intelligence, and intent make up
the “criminal mind” behind the “criminal
act”.
- It may negate specific element of a crime, or
dolo or may be a source of mitigating
circumstance.
- Negating dolo (requisites):
1) That the acts done would have been
lawful had the facts been as the accused
believed them to be;
2) That the mistake of fact is not due to
diligence;
3) The mistake is not accompanied with
criminal intent of the offender.
- It is important requisite that the act done
would have been lawful had the fact been as
the accused believed them to be.
Motive –
- Proof of motive will not establish the
elements, but it will help the prosecution in
showing that the accused committed the
crime.
- However, if there is doubt as to the identity
of the accused or culprit, showing motive of
the accused for committing the crime will
help establish his direct link to the
commission thereof.

“Actus Non Facit Reum, Nisi Mens Sit Rea”- No crime is Motive
committed if the mind of the person performing the act  It is the moving power
complained of is innocent. which impels a person
to do an act for a
 Presumption of Malice – definite result.
- The general criminal intent (malice) is  It is essential only
presumed from the criminal act, and the when there is doubt
absence of any general intent must be as to the identity of
proven by the accused. the culprit or when
the evidence is
Technical Malversation – circumstantial or
- The law punishes the act of diverting public inconclusive.
property earmarked by law or ordinance for
a particular public purpose to another public
purpose.
Criminal Intent
 It is the purpose for
using a particular
means to bring about
a desired result.
 It renders an act a
felony. It is the
general element of all
mentioned felony.

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 Proof of Motive is not necessary in a criminal (3) LIGHT FELONIES –

prosecution:
- Those infractions of law or the commission of
1) Where the accused has been positively identified which the penalty of arresto menor or a fine
as the assailant; or where his participation is not exceeding P40,000 or both is provided.
shown; - Article 26 – A fine not less than P40,000 but
2) Where the criminal act did not rise to variant not exceeding P120,000.00 shall be
crimes; considered a correctional penalty.
3) Where the crime involved is culpable felony or
offense or malum prohibitum. ELEMENTS OF CRIMINAL LIABILITY

CLASSIFICATION OF FELONIES Article 4. Criminal liability. - Criminal liability shall be

incurred:

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 Art. 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.
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 an account of the employment
of inadequate or ineffectual means.

Light felonies are those infractions of law for the “El Que Es Causa De La Causa Es Causa Del Mal Causelo” –
commission of which a penalty of arrest menor or a fine not He who is the cause of the cause is the cause of the evil
exceeding 200 pesos or both; is provided. (as amended by caused.
RA 10951) - It provides that criminal liability shall be
incurred by a person committing a felony
(1) GRAVE FELONIES – (delito) although the wrongful act done be
different from that which he intended.
- Those which the law attaches the capital
punishment or penalties which any of their Error In Aberratio Ictus Praeter
periods are afflictive. Personae Intentionem
- Ex.: Reclusion perpetua, reclusion temporal, Mistake of Mistake of Blow Unintentional
prision mayor or a fine not exceeding Identity
P1,200,000.00
A person is A person A person shall
(2) LESS GRAVE FELONIES – criminally criminally incur criminal
responsible for responsible for liability for
- Those which the law punishes with penalties committing an committing an committing an
which in their maximum period are intentional intentional intentional
correctional. felony although felony although felony although
- Ex.: Prision correccional, arresto mayor or a the actual victim the actual victim its wrongful
fine not less than P40,000 but not exceeding is different from is different from consequence is
P1,200,000.00 the intended the intended graver than that
victim due to victim due to intended.
mistake of mistake of blow.
identity.

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The accused Impossible Crime –

acted with dolo;
hence, he shall - An act which would have been an offense
incur criminal against person or property, were it not for
liability for killing the inherent impossibility of its
or injuring a accomplishment or on account of the
victim although employment of inadequate or ineffectual
this victim is means.
different from - It is not a real crime since the accused did not
the intended. commit the crime against person or property
for it is impossible to do so.
Abberactio Ictus Error In Personae o The law punishes the accused not
The unintended victim The unintended victim because of the commission of the
was his due to mistake of was hit due to mistake of crime but on the basis of his
blow. identity. tendency to do so.

At least 2 victims Only 1 victim.  Requisites:

Subject to Article 48 of the Subject to Article 49 of the 1. Offender performed an act which would have
RPC RPC. been an offense against person or property;
2. Offender performed an act with evil intent;
Evident Proximate Cause Efficient 3. Offender did not commit the offense because of
Premeditation Intervening the impossibility of its accomplishment or
Cause employment of inadequate or ineffectual means;
Example: That cause, The direct 4. Offender in performing an act is not violating
which, in natural relation another provision of the law.
If the accused and continuous between
premeditated sequence, intentional STAGES OF EXECUTION
the assault of unbroken by any felony and death
the victim but efficient may be broken A. ATTEMPTED STAGE –
not the killing, intervening by efficient - When the offender commences the
and cause, produces intervening commission of a felony directly by overt acts,
implemented his the injury, and cause or an and does not perform all the acts of
criminal without which active force execution which should produce the felony
resolution by the result would which is either a by reason of some cause or accident other
boxing him not have distinct act or than his own spontaneous desistance.
causing his occurred. fact absolutely
death, both foreign from the B. FRUSTRATED STAGE –
evident felonious act of - When the offender performs all the acts of
premeditation the offender. execution which would produce the felony as
and praeter a consequence but which, nevertheless, do
intentionem not produce it by reason of causes
shall be independent of the will of the perpetrator.
appreciated.
C. CONSUMMATED STAGE –
- When all the elements necessary for its
execution and accomplishments are present.

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Attempted Stage Frustrated Stage
To determine whether the felony is ate the attempted
or frustrated stage, the acts of execution of the felony,
which the accused intended to commit must be
identified.
ACTS OF EXECUTION
The offender performed The offender performed
directly an overt act, all the acts of execution
which is an act of that would produce the
execution, but it is not felony as a matter of
enough to produce the consequence.
felony as a consequence.
Ex.: Attempted Suicide – Ex.: Frustrated Homicide –
accused performed an act accused performed all
to execute his criminal act acts necessary to execute
design to kill the victim by his criminal design to kill
inflicting non-mortal the victim by inflicting
wounds from upon him mortal wounds upon him
which is not sufficient to which is sufficient to kill
kill him as a consequence. him as a consequence.
NON COMMISSION OF THE CRIME
The offender fails to The offender performs all
perform all acts of the acts of execution;
execution; thus his thus, his external acts
external acts would “not “would produce” the
produce the felony as a felony as a consequence;
consequence.” but just the same, the
crime is not produced.
The external causes of the non-commission of the the
crime: Both in attempted and frustrated, all the
offender failed to accomplish his criminal objective by
reason of external causes; if the causes are not external,
the accused will be absolved from criminal liability.
SPONTANEOUS DESISTANCE
If the cause of the failure If the failure to produce
to perform all acts of the crime despite the
execution is the performance of all acts of
spontaneous desistance execution is dependent
of the accused, that is a on the exlusive will of the
defense. accused, that is a defense.
 Preparatory Act
- In an attempted stage, the offender’s
preparatory act requires another act to result
in a felony. One perpetrating preparatory act
is not guilty of an attempt to commit a felony.
- Punishable if the law prescribes a penalty for
its commission such as proposal or
conspiracy to commit rebellion, or
possession of picklock.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
- If the preparatory acts constitute a felony,
committing it is a consummated crime.
Formal Crimes –
- Those which are consummated in one instant
or by performance of a single act of
execution. They have no attempted or
frustrated.
- Ex.: Slander, perjury, false testimony, acts of
lasciviousness, coup d’etat
CONSPIRACY AND PROPOSAL
 Proposal –
- When the person who has decided to commit
a felony proposes it execution to some other
person/s.
 Conspiracy –
- Exists when two or more persons come to an
agreement concerning the commission of a
felony and decide to commit it.
GR: The principle of conspiracy is a mode of committing a
crime or for purposes of applying the collective
responsibility rule applicable only to intentional felony.
Persons cannot definitely agree and decide to commit a
culpable crime.
XPN: Doctrine of Conspiracy of Silence or Inaction
- Both conspiracy and proposal to commit
felony are punishable only in the cases in
which the law specifically provides a penalty
therefor.
- However, even though conspiracy is not a
crime, but if the conspirators committed the
crime agreed upon, conspiracy shall be
considered as a means or manner of
incurring criminal liability.
 Imputability Doctrine –
- The act of an offender is imputable to his co-
conspirators although they are not similarly
situated in relation to the object of the crime.
- XPN:
o Parricide – even though there is
conspiracy, the act of the wife in
committing parricide is not
imputable to a stranger.
Relationship of the wife is personal.
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o Qualified Theft – even though there crimes is n of

is conspiracy, the act of the lighter document.
than
employee in committing theft that for
qualified by the circumstance of the
abuse of confidence is not present
imputable to a non-employee. crime.
2. Period Date of trial The The Date of
of Time or the accused accused conviction
 Multiple Conspiracies: present committed committ of the
crime in the ed the subsequen
1. Wheel of Circle Conspiracy – relation to present present t or
the date of crime crime present
- There is a single person/ group (the hub) conviction before after crime in
dealing individually with two or more other of his beginning serving relation to
persons/ groups (the spokes). previous to serve or his the date of
- Ex.: crime. while sentenc his last
serving his e for release or
o Conspiracy alleged in the The sentence previous conviction.
information for plunder filed against accused for the crime/s.
former Pres. Estrada and his co- was being previous The
conspirators. Erap (hub) and all tried of the crime. accused
present was
other accused individuals (spokes). crime when convicted
The rim that enclosed the spokes he was (found
were the common goal in the convicted guilty) of
overall conspiracy. by final the second
judgment. crime
within 10
2. Chain Conspiracy – years after
- Usually involving the distribution of narcotics conviction
or other contraband, in which there is or release
of the first
successive communication and cooperation crime;
in much the same way as with legitimate then, he is
business operations between manufacturer convicted
and wholesaler, then wholesaler and retailer, of the third
crime
and then retailer and consumer. within 10
years after
MULTIPLE OFFENSES the
conviction
or release
of the
Recidivism Quasi- Reiteraci Habitual second
Recivism o Delinquen crime and
cy so on and
1. Crimes Previous Nature of The The forth.
Commi crime and the penalty previous, 3. Numbe At least 2 At least 2 At least At least 3
tted the present previous for the subsequen r of crimes crimes 2 crimes crimes.
crime are crime and previous t, and Crimes but if
embraced present crime is present Commi the
in the same crime is equal or crimes tted penalty
title of the not greater must be for the
RPC. material. than serious or crime is
that for less lighter
the serious, than
present physical that for
crime or injuries, the
the theft, present
penalty robbery, crime,
for the estafa, or there
two falsificatio must be
previous at least

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 9
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3 the penalty actually imposed by the court

crimes. after trial.
4. Effects Ordinary Special Same Extraordin
in aggravating aggravatin with ary or
Relatio circumstan g Recidivis special  Only one prior offense –
n to the ces, the circumstan m aggravatin - It must be punishable by a penalty equal or
Penalty presence of ce, the g greater than that for the present crime.
any of presence circumstan
which will of which ce, the
require the will presence  More than one prior crime –
application require of which - Reiteracion is present even if previous crimes
of the the will
are punishable by a penalty lesser than that
penalty for application require
the present of the the for present crime.
crime in its penalty for imposition
maximum the of penalty Quasi-Recidivism –
period present in addition
unless it is crime in its to the - Any person, who shall commit a felony after
offset by maximum principal having been convicted by final judgment,
mitigating period penalty for before beginning to serve such sentence, or
circumstan regardless the while serving the same, shall be considered
ce. of the present
presence crime. as a Quasi-Recidivist.
of a - An extra-ordinary aggravating circumstance
mitigating and cannot be offset by an ordinary
circumstan mitigating circumstance.
ce.
- It will be appreciated regardless of whether
the previous crime, for which an accused is
serving sentence at the time of the
Recidivist – commission of the crime charged, falls under
- One who, at the time of his trial for one the RPC or special law.
crime, shall have been previously convicted o But the present crime must be a
by final judgment of another crime embraced felony punishable under the RPC or
in the same title of the Code. an offense punishable under special
- “At the time of his trial for an offense” – law.
o Everything that is done in the course
of the trial from arraignment until
after sentence is announced by the
 There is quasi-recidivism –
judge in open court.
o Where the convicted prisoner killed the
o XPN: It can still be appreciated even
victim inside the New Bilibid Prison; or
if before his trial for the present o Where the convicted prisoner escaped
crime, he was convicted by final from a penal colony, and then
judgment of his previous crime.
committed robbery with homicide.

Reiteracion – Habitual Delinquency –

- When 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.
- “previously punished” –
o Accused has served out the
sentence for his previous crime.
- In appreciating reiteracion, what is
controlling is the penalty prescribed by law
for the previous and present crimes and not
- A person who, within a period of 10 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 of the said
crimes a third time or oftener.
- The law imposes an additional penalty based
on the criminal propensity of the accused
apart from that provided by law for the last
crime for which he is found guilty.

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 CRIMINAL LAW REVIEW
- It is not a crime in itself but only after a factor
determining the total penalty.
CONTINUING CRIMES
 In order that continued crime or delito
continuado may exist, there should be:
1. Plurality of acts performed separately during a
period of time;
2. Unity of criminal intent and purpose; and
3. Unity of penal provision infringed upon or
violated.
Single Larceny Doctrine –
- Taking of several things, whether belonging
to the same or different owners, at the same
time and place constitutes but one larceny or
theft.
- Specie of delito continuado which is
specifically applicable to theft.
 Example of Continued Crime:
o Several acts which are performed
separately during a period of time under
a single criminal intent in violation of
penal provision.
o Where the penis of the accused was
inserted into and withdrawn from
victim’s vagina 3 times for purpose of
changing position or two times for
purpose of resting for 5 to 10 seconds,
the several penetrations motivated by a
single criminal intent to satisfy his lust
(Rape).
Foreknowledge Principle –
- If the accused committed that first criminal
act without foreknowledge that he will
commit the second, the acts are not
constitutive of a continued crime since the
criminal acts could not be said to have been
committed under a single criminal intent or
impulse.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
Continuous Crime Continuing Crime
A single crime produced One which is
by several acts performed consummated in one
separately during a period place but by reasons of the
of time under a single nature of the offense, the
criminal intent in violation violation of the law is
of a single penal provision. deemed continuing.
Purpose: Purpose:
To treat several criminal To determine the proper
acts committed under a venue, validity of arrest
single criminal impulse in and the commencement
violation of a single penal of the running of
provisions as one crime. prescription.
SPECIAL COMPLEX CRIMES (Composite Crimes)
- This is composed of two or more crimes for
which the law fixes one specific penalty.
- Special Indivisible Crime –
o Components of the special
indivisible crime could not be
divided and treated as separate.
- Original design of the offender is to commit
the principal component thereof and there
must be a direct connection or intimate
relationship between the components
thereof.
- Ex.:
o Special complex crime of rape with
homicide – the original design of the
offender is to commit rape with
homicide, the original design of the
offender is to commit rape and
there must be a direct connection
and intimate relationship between
rape and homicide.
o “by reason of the rape” – conveys
the notion that the killing is due to
the rape which is the crime which
the offender originally designed to
commit.
o “on the occasion of the rape” –
refers to a killing that occurs
immediately before or after or
during the commission itself of the
attempted or consummated rape,
where the victim of the homicide
may be a person other than the rape
victim herself for as long as the
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 CRIMINAL LAW REVIEW
killing is linked to the rape became
evident.
COMPLEX CRIMES
 There are two (2) kinds:
1. Compound Crime –
- When a single act constitutes two or more
grave or less grave felonies – single act
producing several crimes.
Example:
 Multiple Murders – single act of rolling the hand
grenade on the floor of the gymnasium which
resulted in the death of the victims.
 Direct Assault with Homicide or Physical Injuries
Variance Rule –
- If the crime alleged in the information varies
with the crime proven with evidence, the
accused shall be convicted of the crime
alleged or proven, whichever is lesser. Thus,
the accused shall be convicted of complex
crime, which is lesser compared to two
crimes.
Example:
 Robbery by means of Violence and Intimidation
 Robbery by Using Force upon things
Napolis Principle –
- It is important that the robbers entered the
dwelling, store or warehouse by using force
upon thing such as unlawful entry or breaking
the window.
GR: Single Act Rule - single act producing several crimes.
XPN: Lawas Principle and Abella Principle
- There is compound crime where several
killing were produced by several acts
committed by several accused under a single
criminal impulse or single criminal purpose.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
 Lawas Principle (People vs. Lawas, 1955)
- If several accused killed several victims
pursuant to a single criminal impulse to obey
the order to fire their guns at the victims,
they shall be held liable for a compound
crime of multiple murders.
- Single Criminal Impulse (Requisites):
o There is no conspiracy;
o It is impossible to ascertain the
number of deaths caused by each
accused.
 Abella Principle (People vs. Abella, 1979)
- If several prisoners killed fellow prisoners
pursuant to a single criminal purpose to take
revenge, they shall be held liable for
compound crime of multiple murders.
- Requisite:
o There must be conspiracy that
constitutes several persons to
commit crimes under a single
criminal purpose.
2. Complex Crime Proper –
- It is composed of two or more crimes one or
some of which are necessary means (in
article 48, it does not mean indispensable) to
commit the other.
Example:
 Falsification, Malversation, Estafa and Theft –
when the offender commits falsification of public,
official or commercial document as a necessary
means to commit malversation, estafa or theft,
the crime committed is complex crime proper.
Doctrine of Common Element –
- An element used to complete one crime
cannot be legally re-used to complete the
requisites of a subsequent crime.
Example:
 The common element of estafa or malversation
and falsification of private document is damage to
the complainant. Thus, falsification of private
document and estafa or malversation cannot co-
exist.
o The use of damage as an element of
falsification of private document
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 CRIMINAL LAW REVIEW

precludes the reuse thereof to complete Circumstances affecting Criminal Liability

the elements of estafa or malversation,
and vice versa.
 Where falsification of private document is only
committed as a means to conceal estafa, the
crime is estafa only.
Justifying Circumstances
Article 11. Justifying circumstances. - The following do not
incur any criminal liability:

Special Complex Crime Complex Crime 1. Anyone who acts in defense of his person or
(Composite Crime) (Compound Crime) rights, provided that the following circumstances
The composition of the The combination of the concur;
offenses is fixed by law. offenses is not specified
but generalized, that is, First. Unlawful aggression.
grave and/or less grave, or
one offense being the Second. Reasonable necessity of the
necessary means to
means employed to prevent or repel it.
commit the other.
The penalty for the The penalty is that
Third. Lack of sufficient provocation on
specified combination of corresponding to the most
the part of the person defending himself.
crimes is specific. serious offense, to be
imposed in the maximum
period. 2. Any one who acts in defense of the person or
A light felony that A light felony that rights of his spouse, ascendants, descendants, or
accompanies a composite accompanies the legitimate, natural or adopted brothers or sisters,
crime is absorbed. commission of a complex or his relatives by affinity in the same degrees and
or compound crime may those consanguinity within the fourth civil degree,
be subject of a separate provided that the first and second requisites
information. prescribed in the next preceding circumstance are
present, and the further requisite, in case the
revocation was given by the person attacked, that
Doctrine of Absorption –
the one making defense had no part therein.
- One crime absorbs another if the latter is
inherent in an element of, or a necessary
consequence of the commission of the 3. Anyone who acts in defense of the person or
former. rights of a stranger, provided that the first and
- A crime is considered inherent where its second requisites mentioned in the first
commission is an indispensable means to circumstance of this Article are present and that
commit another. the person defending be not induced by revenge,
- “One penalty for one criminal mind” resentment, or other evil motive.
- “Absorption system” – one of the three
systems of penalty under which lesser 4. Any person who, in order to avoid an evil or
penalties are absorbed by the greater injury, does not act which causes damage to
penalties. another, provided that the following requisites are
present;
 Not applicable to the following:
1. Sui Generis Mutiny over the Articles of War First. That the evil sought to be avoided
2. Carnapping (robbery with homicide or kidnapping actually exists;
cannot absorb carnapping)
3. Torture Second. That the injury feared be greater
than that done to avoid it;

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 CRIMINAL LAW REVIEW

Third. That there be no other practical

and less harmful means of preventing it.  Relatives of the accused for purpose of defense of
relative:
5. Any person who acts in the fulfillment of a duty 1. Spouse
or in the lawful exercise of a right or office. 2. Ascendants
3. Descendants
6. Any person who acts in obedience to an order 4. Legitimate, natural or adopted brothers or
issued by a superior for some lawful purpose. sisters
5. Relatives by Affinity in the same degree
6. Consanguinity within the fourth civil degree
JUSTIFYING CIRCUMSTANCES
- Those circumstances, if present in or
Defense of RELATIVE Defense of STRANGER
attended the commission of a felony, would
Where the relative The accused must not be
mean that the offender is said to have acted
provoked the offended induced by revenge,
within the bounds of the law. He has not
party in perpetrating resentment, or other evil
transgressed the law.
unlawful aggression, the motive in defending the
- Therefore, there is no crime committed,
accused must not have a stranger from the
there is no criminal, there is no criminal
part therein. unlawful aggression by the
liability, there is no civil liability because the
victim.
offender did not commit a violation of a law.
Relatives of the accused:
His act is justified.
Spouse
Ascendants
(1) SELF – DEFENSE
Descendants
a. Defense of Relative (No. 1)
Brothers or Sisters
b. Defense of Stranger (No. 2)
(legitimate, natural or
adopted)
- Based on the man’s natural instinct to
By affinity or
protect, repel, and save his person or rights
consanguinity
from impending danger or peril; it is also
based on that impulse of SELF-
PRESERVATION, born to man and part of his  Elements of Self- Defense:
nature as a human being.
- When the accused’s defense is self-defense, a. Unlawful Aggression –
he thereby admits being the author of the - In order to be attendant, there must be a real
death of the victim, that it becomes danger to life or personal safety. It requires
incumbent upon him to prove the justifying an actual, sudden, and unexpected attack, or
circumstance to the satisfaction of the imminent danger thereof, and not merely a
court. threatening or intimidating attitude.
o Only onus probandi shifts to the o Elements:
accused, for self-defense is an  There must be a physical or
affirmative allegation that must be material attack or assault;
established with certainty by  The attack or assault must
sufficient and satisfactory proof. be actual or at least
imminent;
 The attack or assault must
 Requisites: be unlawful.
1. Unlawful Aggression;
2. Reasonable Necessity of the Means o 2 Kinds of Aggression:
Employed to prevent or repel it;  Actual or Material
3. Lack of Sufficient Provocation on the part of Unlawful Aggression – an
the person defending himself. attack with physical force
or with a weapon, an

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 14
 CRIMINAL LAW REVIEW
offensive act that
positively determines the
intent of the aggressor to
cause the injury.
 Imminent Unlawful
Aggression – attack that is
impending or at that point
of happening; it must not
consist in a mere
threatening attitude, nor
must it be merely
imaginary, but must be
offensive and positively
strong.
- It ceased as soon as the danger on the life
and limb of the accused vanished when he
rested the weapon from the accused. But
ceased aggression can be a source of
mitigating circumstance of vindication of
grave offense.
o Example: Accused found the victim
raping his daughter. The victim ran
away but the accused shot and
killed him. Accused is not entitled to
self-defense since the aggression
already ceased when he killed the
victim but vindication shall be
appreciated in his favor.
Retaliation Self-Defense
Unlawful aggression that Unlawful aggression still
was begun by the injured existed when the
party already ceased aggressor was injured by
when the accused the accused.
attacked him.
Not a defense but merely Justifying circumstance
constitutes a mitigating
circumstance of
vindication of grave
offense.
Narvaez Principle (1983) –
- Invasion of property is treated as an unlawful
aggression although it was not coupled by an
attack against the owner thereof. The owner
or lawful possessor of property has the right
to resist invasion of property in accordance
with Article 429 of the New Civil Code.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
 Mistaken Aggression –
- Even if there was no unlawful aggression, the
accused is entitled to the benefit of justifying
circumstance of defense of relative or
stranger as long as the honestly believed that
his relative or the stranger was a victim of
unlawful aggression and the threat to his life
and limb was present.
b. Reasonable and Necessary Means employed to
prevent or repel it –
- The means employed by a person claiming
self-defense must be commensurate to the
nature and the extent of the attack sought to
be averted, and must be rationally necessary
to prevent or repel an unlawful aggression.
Doctrine of Rational Equivalence –
- A plea of self-defense would prosper if there
is a rational equivalence between the means
of attack by the unlawful aggressor and the
means of defense by the accused that would
characterized the defense as reasonable.
- It presupposes the consideration not only of
the nature and quality of the weapons used
by the defender and the assailant but also of
the totality of circumstances surrounding the
defenses vis-à-vis, the unlawful aggression.
 Elements:
1. The nature and the kind of weapon used by
the aggressor;
2. The physical condition, size, weight, and
other personal circumstances of the
aggressor as opposed to that of the person
defending himself; and
3. The place and location of the assault or
aggression.
c. Lack of Sufficient Provocation –
- The accused must not have given cause for
the aggression by his unjust conduct or by
inciting or provoking the victim.
- Provocation should be proportionate to the
act of aggression and adequate to stir one to
its commission.
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 CRIMINAL LAW REVIEW
BATTERED WOMAN SYNDROME (AVAC 2004) – RA
9262 –
- A defense notwithstanding the absence of
any of the elements for justifying
circumstance of self-defense.
- It refers to scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative abuse
(single act of battery/physical harm resulting
to the physical and psychological or
emotional distress is NOT sufficient to avail of
the benefit of justifying circumstance).
 Elements:
1. That the battering husband, with whom the
battered wife has a marital, sexual, dating
relationship, inflicted physical harm upon her;
2. That the infliction of physical harm must be
cumulative;
3. The cumulative results to physical harm and
psychological or emotional distress to the
woman.
 Cycle of Violence –
1. Tension building phase
2. Acute Battering incident; and
3. Tranquil Loving (non-violent) phase
- The couple must go through the battering
cycle at least TWICE. That the woman feared
imminent harm from her batterer and
honestly believed in the need to kill him in
order to save her life.
(2) AVOIDANCE OF GREATER EVIL OR INJURY
State of Necessity –
 Elements:
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. That there be no other practical and less
harmful means of preventing it.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
Example:
 Abortion – Avoidance of a greater evil may justify
abortion to save the life of the mother. The life
of the mother may be considered as more
important than that of the fetus. Abortion to
save the life of the mother is justified under the
state of necessity rule.
- There is civil liability in case of defense of
State of Necessity. The civil liability is born
not only by the accused but by all those who
are benefitted by said defense.
(3) LAWFUL PERFORMANCE OF DUTY
 Elements:
1. The accused must have acted in the
performance of a duty or in the lawful exercise
of a right or office;
2. The injury caused or the offense committed
should have been necessary consequence of due
performance of duty or lawful exercise of right
or office.
(4) LAWFUL ORDER
 Elements:
1. That an order has been issued by a superior;
2. The said order must be for some lawful
purpose;
3. The means employed by the subordinate to
carry out the said lawful order.
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 CRIMINAL LAW REVIEW

Exempting Circumstances Exempting Circumstances –

- These are minority, insanity, accident,
irresistible force, uncontrollable fear, and
Article 12. Circumstances which exempt from criminal lawful and insuperable cause.
liability. - the following are exempt from criminal liability:
 Justifying vs. Exempting
1. An imbecile or an insane person, unless the
latter has acted during a lucid interval. Justifying Circumstance Exempting Circumstance
The accused DO NOT incur criminal liability.
When the imbecile or an insane person has It pertains to the act It pertains to the actor (act
committed an act which the law defines as a complained of (act is is not justified but the
felony (delito), the court shall order his justified). actor is exempt).
confinement in one of the hospitals or asylums When present, the act is When present, the act is
established for persons thus afflicted, which he justified; hence, it is non- unjustified and criminal
shall not be permitted to leave without first felonious. although the actor is
obtaining the permission of the same court. exempt from criminal
liability.
2. A person under nine years of age.
GR: The non-criminal act GR: The exemption of the
would make the actor actor does not extend to
3. A person over nine years of age and under
exempt not only from civil liability arising from
fifteen, unless he has acted with discernment, in
criminal liability but also the crime.
which case, such minor shall be proceeded against
from civil liability.
in accordance with the provisions of Art. 80 of this
Code.
XPN: The actor or third XPN: Article 12(4) – It
persons, who may have could not be characterized
When such minor is adjudged to be criminally
benefited from justified as criminal because culpa
irresponsible, the court, in conformably with the
act of avoiding a greater and dolo are absent.
provisions of this and the preceding paragraph,
evil, shall be civilly liable Hence, an accidental act
shall commit him to the care and custody of his
because of the rule on for being non-felonious
family who shall be charged with his surveillance
unjust enrichment. could not be a source of
and education otherwise, he shall be committed
civil liability.
to the care of some institution or person
mentioned in said Art. 80.
(1) IMBECILITY –
4. Any person who, while performing a lawful act
with due care, causes an injury by mere accident  Imbecile Person
without fault or intention of causing it. - One who is already advanced in age but only
the mental capacity of a 2-7 years old child.
5. Any person who act under the compulsion of Therefore, he lacks intelligence – an element
irresistible force. of voluntariness in the commission of the
crime.
6. Any person who acts under the impulse of an - In exempting, what is important is the mental
uncontrollable fear of an equal or greater injury. age of the accused.

7. Any person who fails to perform an act required

by law, when prevented by some lawful
insuperable cause.

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 CRIMINAL LAW REVIEW

2-year-old – Idiot – Exempt

7-year-old – Imbecile – Exempt
12-year-old - Feebleminded/ minor –
not exempt from criminal
liability but a mitigating
circumstance of mental
illness may be appreciated
in his favor.
(3) ACCIDENT –
 Elements:
1. A person is performing a lawful act;
2. With due care;
3. He causes an injury to another by mere
accident; and
4. Without any fault or intention of causing it.

(2) INSANITY (4) IRRESISTABLE FORCE AND UNCONTROLLABLE FEAR

GR: Acts perceived by law are always presumed to be
voluntary, and it is improper to conclude that a person
acted unconsciously in order to relieve him of liability.
XPN: His insanity is conclusively proved.
- Anyone who pleads the exempting
circumstance of insanity bears the burden of
proving it with clear and convincing evidence.
- An accused invoking insanity admits to have
committed the crime but claims that he or
she is not guilty because of insanity.
 Elements of Irresistible Force:
1. Somebody used force compelling the
accused to commit crime; and
2. The force used must be irresistible.
 Elements of Uncontrollable Fear:
1. Existence of an uncontrollable fear for an
injury;
2. The fear of an injury must be real and
imminent; and
3. The fear of an injury is greater than or at least
equal to that committed.

 Two tests to determine whether the mental
condition of the accused is exempting or
mitigating:
1. Test of Cognition –
- The mental condition of the accused in an
exempting circumstance of insanity if there
was a complete deprivation of intelligence in
committing the criminal act or mitigating
circumstance of mental illness if there was
only a partial deprivation of intelligence.
“Actus Me Invito Factus Non Est Meus Actus” – An act done
by me against my will is not my act.
- A person who acts under the compulsion of
an irresistible force (must be so formidable as
to reduce the actor to a mere instrument
who acts not only without will but against his
will) or under the impulse of an
uncontrollable fear of equal or greater injury,
is exempt from criminal liability because he
does not act with freedom.

2. Test of Volition –
- The mental condition of the accused is a IRRESSITABLE FORCE UNCONTROLLABLE FEAR
mitigating circumstance of mental illness if The offender uses The offender employs
there is a deprivation of freedom. violence or physical force intimidation or threat in
- Dimunition of freedom is enough to mitigate to compel another to compelling another to
the liability of the offender suffering from commit a crime. commit a crime.
illness. It must have been made to It may be generated by
operate directly upon the threatened act directed
- The basis of the exempting circumstance of person of the accused. against third person.
insanity is lack of intelligence and not lack of The injury feared of The evil feared of must be
freedom. Thus, even if the mental condition maybe of lesser degree greater or at least equal to
of the accused had passed the volition test, than that damage caused the damage caused to
the plea of insanity will not prosper unless it by the accused. avoid it.
is also passed the cognition test

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 CRIMINAL LAW REVIEW
- For defense of uncontrollable fear to
prosper, duress, force, fear or intimidation
must be present, imminent, and impending,
and of such nature as to induce a well-
grounded apprehension of death or serious
bodily harm if the act will not be done.
(5) LAWFUL AND INSUPERABLE CAUSE
- One who fails to perform an act required by
law when prevented by some lawful or
insuperable cause, is exempt from criminal
liability.
 Elements:
1. An act is required by law to be done;
2. A person fails to perform such act; and
3. The failure to perform such act was due to some
lawful and insuperable cause.
 A priest is exempt from liability for the crime of
misprision of freedom for failure to disclose to
the government authorities information in
conspiracy against the government which he
obtained by reason of confession made to him
by one of the conspirators.
Mitigating Circumstances
Article 13. Mitigating circumstances. - The following are
mitigating circumstances;
1. Those mentioned in the preceding chapter,
when all the requisites necessary to justify or to
exempt from criminal liability in the respective
cases are not attendant.
2. That the offender is under eighteen year of age
or over seventy years. In the case of the minor, he
shall be proceeded against in accordance with the
provisions of Art. 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.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
5. That the act was committed in the immediate
vindication of a grave offense to the one
committing the felony (delito), his spouse,
ascendants, 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
communications 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 the
consciousness of his acts.
10. And, finally, any other circumstances of a
similar nature and analogous to those above
mentioned.
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.
 Two Classes:
1. Ordinary Mitigating
- Those enumerated in Subsections 1 to 10 of
Article 13.
2. Privileged Mitigating
- Those that are found in other parts of the
RPC and RA 9344.
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 CRIMINAL LAW REVIEW

homicide shall be applied in its

minimum period.
- Example: - The presence of privilege mitigating
circumstance requires the adjustment of the
A. Article 68 – Penalty to be imposed upon a person divisible or indivisible penalty by degree.
under 18 years of age – o Ex. The penalty of reclusion
a. Upon a person under 15 but over 9, that temporal for homicide shall be
he acted with discernment, a lowered to prision mayor.
discretionary penalty but always 2 - Ordinary mitigating circumstances can be
degrees lower. offset by ordinary aggravating circumstance.
b. Upon a person over 15 and under 18, Privileged mitigating circumstance cannot be
penalty next lower than that prescribed offset by ordinary aggravating circumstance.
by law.
B. Article 69 – Penalty to be imposed when the crime 1. INCOMPLETE JUSTIFICATION OR EXEMPTION AND
committed is not wholly excusable. Penalty lower MINORITY (Nos. 1 and 2, Article 13)
by 1 or 2 degree.
C. Article 64 – Rules for the application of penalties - Not all the requisites to justify the act are
which contain 3 periods. present or not all the requisites to exempt
from criminal liability are present.
- Applicable only to particular crimes.
Age Bracket Effect on Criminal
A. Voluntary release of the person illegally detained Liability
within 3 days without the offender attaining his 15 and under Exempting
purpose and before the institution of criminal Circumstance
action. Penalty is 1 degree lower. (Article 268, Par. Over 15 but under 18 Exempting
3) circumstance, if he
B. Abandonment without justification of the spouse acted without
who committed adultery. Penalty is 1 degree discernment.
lower. (Article 333, Par. 3)
Mitigating
circumstance, if he
Ordinary Mitigating Privilege Mitigating
acted with discernment.
Circumstances Circumstances
18 to 70 Full criminal
Offset by any Cannot be offset by
responsibility
aggravating aggravating
Over 70 Mitigating
circumstance circumstance
circumstance; no
Produces only the effect Produces the effect of
imposition of death
of applying the penalty imposing upon the
penalty; execution of
provided by law for the offender the penalty
death sentence if
crime in its minimum lower by 1 or 2 degrees
already imposed is
period, in case of than that provided by
suspended and
divisible penalty. law for the crime.
commuted.

 ALL THE REQUISITES (Article 11 or 12) ARE

- The presence of ordinary mitigating
circumstance requires the adjustment of the
divisible penalty by period.
o Ex. The penalty of reclusion
temporal prescribed by law for
PRESENT – Justifying or exempting circumstance
shall be appreciated.
 MAJORITY OF THE REQUISITES ARE PRESENT –
privileged mitigating circumstance of incomplete
justification or exemption shall be appreciated.

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 CRIMINAL LAW REVIEW

 ONLY MINORITY OF THE REQUISITES ARE o If the injuries are inflicted without intent
PRESENT – ordinary mitigating circumstance of to kill – crime committed is physical
incomplete justification or exemption shall be injuries.
appreciated.
 Injured Victim Died –
- In case of privilege mitigating circumstance o If the victim intentionally injured by the
of incomplete justification or exemption, the offender died as a consequence, intent
penalty prescribed by law shall be lowered by to kill is conclusively presumed.
one or two degrees. o But for purposes of appreciating the
mitigating circumstance of lack of intent
Incomplete Incomplete to commit so grave a wrong than that
Exemption of Minority Exemption of committed, intent to kill is not
Accident conclusively presumed.
The circumstance is The lawful act must
either exempting or be committed with Wacoy vs. People: Accused kicked and punched the victim,
privileged mitigating. dolo or culpa. If the who died as a consequence. Circumstance shows lack of
There is no ordinary act is committed with intent to kill. However, accused is liable for homicide
mitigating dolo, the crime is because intent to kill is conclusively presumed. Even if
circumstance of committed is there is no intent to kill, the penal law holds the aggressor
minority. intentional felony. responsible for all the consequences of his unlawful acts.
Penalty prescribed by However, they are entitled to the mitigating circumstance
In privileged law shall not be of praeter intentionem.
mitigating adjusted.
circumstance of 3. THREAT – Sufficient provocation or threat on the
minority, the penalty If the act is part of the offended party immediately preceded
shall be lowered by committed with the act.
one degree. culpa, the penalty
prescribed under  Requisites:
Article 67 or 365 shall a. There must be a threat on the part of the
be imposed. offended party;
b. The threat must be sufficient; and
2. PRAETER INTENTIONEM – No Intention to Commit c. The threat must immediately precede
So Grave A Wrong the criminal act committed by the
offender.
- Determined when there is a notable disparity
between the means employed by the  Examples:
accused to commit a wrong and the resulting - Threat made with a weapon, which
crime committed. offensively and positively strong showing
- However, this cannot be appreciated where wrongful intent to inflict injury is an unlawful
the acts employed by accused were aggression.
reasonably sufficient to produce the death of - Threat, which is not offensive and positively
the victim. strong, is not unlawful aggression. However,
mitigating circumstance of threat may be
 Injured Victim Survived – appreciated.
o If the victim intentionally injured by the
offender did not die – presence or 4. PROVOCATION
absence of intent to kill determines the
crime committed.  Requisites:
o If the injuries are inflicted with intent to a. There must be provocation on the part of the
kill – crime committed is attempted or offended party;
frustrated homicide or murder. b. The provocation must be sufficient; and

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 21
 CRIMINAL LAW REVIEW

c. Provocation must immediately precede the  Passion vs. Vindication vs. Provocation
criminal act committed by the offender.
Passion Vindication Provocation
 “Lack of Provocation” Source of Victim’s Grave Provocative
- It requires that the same be sufficient or Mitigation unlawful or offense act of the
proportionate to the act committed and that : unjust act by committed Offended
it be adequate to arouse one to its the by the Party
commission. offended Offended
- It is not enough that the provocative act be party that party
unreasonable or annoying. produced
obfuscation
5. VINDICATION - That the act was committed in the or passion
immediate vindication of a grave offense to the arising from
one committing the felony, his spouse, a lawful
ascendants, descendants, legitimate, natural, or sentiment.
adopted brothers or sisters, or relatives by affinity Interval of The The It must
within the same degrees. Time: commission vindication immediatel
of the crime of the grave y precede
 Requisites: need not be offense the act (that
a. The victim committed grave offense; immediately may be there be no
b. The grave offense was committed against the precede by proximate, interval of
offender or his spouse, ascendants, unlawful or which time
descendants, legitimate, illegitimate or unjust act requires between
adopted brothers or sisters, or his relatives that that the
by affinity within the same degrees; produced interval of provocation
c. The offender committed the crime in the passion; time on the part
proximate vindication of such grave offense. what is between of the victim
important is the grave and the
- To appreciate this circumstance, the victim that such act offense commission
himself must commit the grave offense. was not far done by the of the crime
removed victim and by the
6. PASSION – That of having acted upon an impulse from the the offender).
so powerful as naturally to have produced passion commission commissio
or obfuscation. of the crime n of the
by a crime by
 Requisites: considerabl the
a. There was an act that was both unlawful and e length of offender
sufficient to produce such condition (passion time, during must not
or obfuscation) of the mind; which the be
b. Such act was not far removed from the perpetrator sufficient
commission of the crime by a considerable might for the
length of time, during which the perpetrator recover his accused to
might have recovered his normal equanimity; normal regain his
c. Passion must arise from lawful sentiment of equanimity. composure
the offender and not from spirit of or his moral
lawlessness or revenge. equanimity
.
Passion The
cannot be essence of
appreciated vindication
if the crime is taking

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 22
 CRIMINAL LAW REVIEW

is revenge prior to the presentation of the evidence for the

committed because of prosecution.
in the spirit the grave
of revenge offense  Requisites:
since in this committed a. The accused spontaneously confessed his
case the by the guilt;
passion did victim. b. The confession was made before a
not arise competent court trying the case; and
from a c. The confession of guilt was made prior to the
lawful presentation of evidence by the prosecution.
sentiment.
- A plea of guilty made after the prosecution
o Self-defense, complete or incomplete, is not had begun presenting its evidence cannot be
availing where the unlawful aggression has considered voluntary since it was made only
ceased at the time of the commission of the after the accused realized that the evidence
crime. But prior unlawful aggression can be already presented by the prosecution is
considered as: enough to cause his conviction.

1. A grave offense, which is a basis of vindication. If the plea to a LESSER Confession shall be
2. An unjust act producing passion arising from a offense was allowed by appreciated as mitigating
lawful sentiment. the court pursuant to a circumstance.
3. A sufficient provocation. plea bargaining
agreement -
7.VOLUNTARY SURRENDER – That the offender If the offer of plea to a Confession may or may
voluntarily surrendered himself to a person in lesser offense was not be appreciated
authority or his agents, or REJECTED by the public depending upon the crime
 Requisites: prosecution - charged and that proven.
a. The offender himself has not actually been
arrested; People vs. Yturriaga (1950): If the crime charged is murder,
b. The offender surrendered himself to a but the crime proven is homicide, the plea to a lesser
person in authority; and offense of homicide constitutes a mitigating circumstance
c. The surrender was voluntary. of voluntary confession because it is the fault of the
accused that the prosecution erroneously alleged a
- A surrender to be voluntary must be qualifying circumstance in the information without
spontaneous, showing the intent of the supporting evidence.
accused to submit himself unconditionally to
the authorities, either because he  Confession of Appeal
acknowledges his guilt, or he wishes to save - Upon arraignment, accused pleaded not
them the trouble and expense necessarily guilty to physical injuries before the MTC.
incurred in his search and capture. After that, MTC convicted the accused. On
appeal to the RTC, he made a confession of
guilt. His confession shall not be appreciated
as mitigating circumstance.
- Confession as mitigating circumstance must
be made before the MTC. Moreover, the
confession to be mitigating must be made
prior to presentation of evidence by the
prosecution at the MTC.

8. VOLUNTARY CONFESSION - that the he had 9. PHYSICAL DEFECT – That the offender is deaf and
voluntarily confessed his guilt before the court numb, blind, or otherwise suffering from some

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 23
 CRIMINAL LAW REVIEW
physical defect which thus restricts his mean of
action, defense, or communication with his fellow
beings.
- Ordinary Mitigating Circumstance
- It must be shown that such physical defect
limited his means to act, defend himself or
communicate with his fellow beings to such
an extent that he did not have complete
freedom of action, consequently resulting in
diminution of the element of voluntariness.
10. ANALOGOUS OR SIMILAR MITIGATING
CIRCUMSTANCE
 Extreme Poverty and Necessity
- The accused, who committed theft out of
extreme poverty. This is in recognition of the
imminent principle that the right to life is
more sacred than a mere property right.
Aggravating Circumstances
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 or
with insult to the public authorities.
3. That the act be committed with insult or in
disregard of the respect due the offended party on
account of his rank, age, or sex, or that is 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.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
6. That the crime be committed in the night time,
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 by 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.
12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding of a
vessel or international 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 evidence
premeditation.
14. That the 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).
24
 CRIMINAL LAW REVIEW

There is treachery when the offender commits any  Mitigating and aggravating circumstances shall not
of the crimes against the person, employing be considered in the imposition of the penalty in
means, methods, or forms in the execution thereof the following cases:
which tend directly and specially to insure its 1. If the crime is imprudence or
execution, without risk to himself arising from the negligence;
defense which the offended party might make. 2. If the penalty is single and
indivisible; and
17. That means be employed or circumstances 3. If special law has not adopted
brought about which add ignominy to the natural the technical nomenclature
effects of the act. of the penalties of the RPC.

18. That the crime be committed after an unlawful
entry.
There is an unlawful entry when an entrance 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 RA 5438).
21. That the wrong done in the commission of the
crime be deliberately augmented by causing other
wrong not necessary for its commissions.
 Classification of Aggravating Circumstances:
a. Ordinary Aggravating Circumstance
b. Special Aggravating Circumstance
c. Qualifying Circumstance
d. Inherent Aggravating Circumstance
a) CONTEMPT OF OR INSULT TO PUBLIC
AUTHORITIES1 -
- The crime must be committed in contempt of
or with insult to public authorities. The crime
must be committed against another person
in the presence of a person in authority, who
is engaged in the exercise of public function.
- Ex.: If the assault is committed against a
person in authority, who is engaged in the
performance of duty, the crime committed is
direct assault, which absorbs the
circumstance of contempt of public
authority.
B) PLACE OF COMMISSION -
- The places which every individual are duty
bound to respect:
 Malacanang Palace or any place
whenever the President was present;
 Place where public authorities are
engaged in the discharged of their duty;
 Place dedicated to religious worship; and
 Dwelling of the offended party.

A. GENERIC OR ORDINARY AGGRAVATING Inside the Place dedicated to Aggravating

CIRCUMSTANCE Building: religious worship or Circumstance
palace of the Chief (discharge of
- Unless it is offset by a mitigating Executive religious or
circumstance, it shall require the application executive
of divisible penalty in its maximum period or function or the
the application of greater penalty of presence of
reclusion perpetua to death. priest is not
required)
Police station; Court Aggravating
Room; or Provincial Circumstance
Hall (place where (It is important

1 Public Authority – refers to a person in authority. It does not

include an agent of person in authority.

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 25
 CRIMINAL LAW REVIEW

public authorities that the police - The circumstance of disregard of sex, age, or
are engaged in the or judge is rank should be considered as one. But the
discharge of their present and circumstance of disregard of dwelling should
duties) discharging his be considered independently from the
official duties at circumstance of disregard of age, sex, and
the time of rank2 since their concepts are not the same.
commission of
the crime)  Disregard of Rank
Outside of the Outside of the place - It must be shown that the accused
Building: devoted to religious deliberately intended to insult the rank of
worship, palace of victim.
the Chief Executive, - People vs. Ablao (1990): If accused killed a
or place where person in authority, but he was not engaged
public authorities in the performance of duty at that time, and
are engaged in the there is no showing that the crime was
discharge of their committed by reason of past performance of
duties, the rules are duty, the crime committed is not direct
as follows: assault with homicide or murder. Accused is
liable for homicide or murder and the
a. If Not aggravating circumstance of disregard of
committed Aggravating rank may be appreciated.
in the Circumstance - In disregard of rank, the crime must be
presence committed against a person of a higher rank
of the such as a person in authority. The accused
priest disregarded the respect due to rank of the
public authority by committing a crime
b. If Place of against him.
committed commission is
in the an aggravating Contempt of Place of Disregard of
presence (not required Public Commission Rank
of the that the Authorities
President President is The offender The offender The crime must
discharging his committed a committed a be committed
official duties at crime against crime in against a person
the that time) another person disregard of the of a higher rank
in disregard of respect due to such as a person
c. If The the presence of the place where in authority. The
committed circumstance the public the public accused
in the of place of authority while authority was disregarded the
presence commission is engaged in the engaged in his respect due to
of public not performance of official function. rank of the
authorities aggravating. duty. The victim public authority
is not the person by committing a
in authority. crime against
him.

The person in The person in The public

c) DISREGARD OF RANK, AGE, SEX, and OF DWELLING authority was authority was authority is not

2 In the latter, the disrespect shown by the offender pertains to former, the disrespect pertains to the dwelling of the offended
the person of the offended due to her rank, age, and sex. In the party due to the sanctity of privacy which the law accords it.

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 26
 CRIMINAL LAW REVIEW

engaged in his engaged in his engaged in the  Disregard of Dwelling –

official functions official functions performance of
outside his inside his office duty; otherwise, o Requisites:
office at the at the time of the crime a. Offender committed crime in the
time the crime the crime was committed is dwelling of the offended party;
was committed. committed. direct assault, b. Offender committed the crime in
which absorbs disregard of the respect which the
the aggravating dwelling is entitled; and
circumstance of c. The offended has not given
disregard of provocation.
rank.
 Sanctity of Privacy – the accused transgressed the
The person in The victim may The person in sanctity of privacy due to the dwelling by
authority must be a third authority, who is committing a crime therein. Thus, the victim must
not be the person or superior in rank have a right of privacy in the dwelling.
victim. person in to the offender,  Dwelling3 – for all intents and purposes, the house
authority. must be the owned by another person constituted a dwelling
victim. of a victim, who used it for rest and comfort. It is
not necessary under the law that the victim
 Disregard of Sex owned the place.
- It must be shown that the accused o People vs. Balansi (1990): Onde does not
deliberately intended to offend or insult the lose his right of privacy in the dwelling
sex of the victim, or showed manifest where he is offended in the house of
disrespect of her womanhood. The accused another because as his invited guest, he,
must commit some specific insult or the stranger, is sheltered by the same
disrespect to her womanhood such as roof and protected by the same intimacy
removing her blouse before killing her. of life it affords.4
- It may also be appreciated if the accused took - For the circumstance of dwelling to be
advantage of the helplessness of the woman. considered, it is not necessary that the
accused should have actually entered the
 Disregard of Age dwelling of the victim to commit the offense;
- The accused must be deliberately intend to it is enough that the victim was attached
offend or insult the age of the offended inside his own house, although the assailant
party. might have designed means to perpetrate
- It shall also be appreciated if the accused the assault from the outside.
took advantage of the helplessness of a baby o Living in the Same Dwelling – if the
due to his tender age; or a septuagenarian offender and victim were living in
woman due to her old age. the same dwelling, the former could
- People vs. Mangsant (1938): Where the not have transgressed the sanctity
accused took advantage of the weakness of of privacy due to the dwelling by
her sex and age in order to perpetrate the committing a crime therein. The
same without risk to his person, treachery right of privacy in the dwelling can
absorbs disregard of sex and age. only be invoked against those who
- This is applied only to crimes against persons are not living therein.
and honor.
d) NIGHTTIME, UNINHABITED PLACE, OR BY A BAND

3 The word dwelling includes every dependency of the house 4 The Balansi principle will not apply to a visitor who merely
that forms an integral part thereof such as the staircase of the attended a birthday celebration. The hose where the birthday
house, its terrace and enclosures under the house. was celebrated is not his dwelling.

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 27
 CRIMINAL LAW REVIEW
 Nighttime Per Se –
- To appreciate nighttime as an aggravating
circumstance, it must be shown that the
accused intentionally chose the darkness of
the night (or silent of the night) to facilitate
the commission of the crime; or afford
impunity; or deliberately took advantage
thereof to facilitate the commission of the
crime.
- However, if the accused decided to commit
the crime at the precise moment that he saw
the victim in the middle of the night,
nighttime cannot be appreciated in acts of
lasciviousness since the accused did not
deliberately choose nighttime to facilitate
the commission of the crime.
 Darkness and Silent of the Night –
- As a general rule, nighttime is an ordinary
aggravating circumstance because the
darkness of the night facilitated the
commission of the crime or insured impunity.
- But if the offender purposely selected the
wee hour of the night when neighbors and
occupant of the house including the victim
were sleeping to facilitate the commission of
the crime or to afford impunity, nighttime
shall be appreciated even if the place of the
commission is lighted.
e) Craft or Fraud –
- These terms are variants of means employed
to deceive the victim and if all these are
present in the same case, they shall be
applied as a single aggravating circumstance.
- Ex. Deception (such as pretending to be a
customer) of the accused.
- Craft may be absorbed in treachery if it is
deliberately adopted as the means, method,
or form for the treacherous strategy.
f) AID OF MINOR [Article 14(20)] -
- The age of the child must be under 15 years.
- But in the special aggravating circumstance
of exploitation of child under RA 9344, the
age of the minor must be under 18 years.
g) MOTOR VEHICLE –
- It is appreciated if the motorcycle was
purposely sought to facilitate the
commission of the offense, and to facilitate
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
their escape after they accomplished their
mission.
B. SPECIAL AGGRAVATING CIRCUMSTANCES
- The presence of special aggravating
circumstance will require the application of
the prescribed penalty in its maximum period
but the same cannot increase the penalty to
the next higher degree.
- It cannot be subject of the offset rule.
- The following are special aggravating
circumstances:
o Taking Advantage of Position
o Organized or syndicated crime
group
o Quasi-recidivism
o Complex Crime
o Use of loose firearm
o Under the influence of drugs
o Exploitation of Minor
a. Complex Crime –
- It effectively directs the imposition of the
prescribed penalty in its maximum period.
b. Organized/Syndicated Crime group –
- It is not listed in Article 14; but it is found in
Article 62, which provides: The maximum
penalty shall be imposed if the offense was
committed by any person who belongs to an
organized/syndicated crime group.
- “Organized/Syndicated Crime group” – it
means a group of two or more persons
collaborating, confederating or mutually
helping one another for purposes of gain in
the commission of any crime.
- “Syndicate” – it means association of
gangsters.
- It presupposes conspiracy among members
of the syndicate to commit a crime for gain.
But conspiracy alone is not enough to
establish the existence of a syndicate.
- Under Article 62, the liability of the accused
is aggravated if the offense was committed
by any person who belongs to an
organized/syndicated crime group. In
organized/syndicated crime group, the direct
participation of the members of the
syndicate is not the essence of aggravation.
What is important to appreciate this
28
 CRIMINAL LAW REVIEW

circumstance is membership in the used, is capable of inflicting serious or fatal

syndicate. injuries upon the victim may be considered as
arms for purposes of the law on cuadrilla.
c. Taking Advantage of Public Position –  “Four armed men” – Where the accused are five
- This cannot be offset by mitigating men, but only one of them is armed with a
circumstance. caribine, there is no band.
- Article 62 of the RPC, as amended by RA  Principal participation – where one of the four
7659, provides: When in the commission of armed men acted as principal by inducement, the
the crime, advantage was taken by the crime is not committed by a band.
offender of his public position, the penalty to
be imposed shall be in its maximum
regardless of mitigating circumstances. C. QUALIFYING AGGRAVATING CIRCUMSTANCES
- Qualifying circumstance that changes the
d. Uninhabited Place – nature of the crime is an element thereof.
- It is an ordinary aggravating circumstance, or - Ex.: Treachery is a qualifying circumstance.
a special aggravating circumstance in The presence of treachery qualifies the killing
robbery by means of violence or intimidation. to murder. Treachery is included in the
- To be appreciated, it must be proven that definition of murder. Treachery is an element
there were no inhabited houses nearby. But of murder.
even if the house is inhabited, if that is the
only house in the said place and the victims General Aggravating Qualifying Circumstances
are the only inhabitants of the house, Circumstances
uninhabited place shall be appreciated. It has the effect of It change the name and
- It is determined not by the distance of the increasing the penalty for nature of the crime and
nearest house of the scene of the crime but the crime to its maximum the cause the imposition
whether or not there was reasonable period, but it cannot of a penalty graver than
possibility of the victim receiving some help increase the same to the the crime being qualified.
in the place where the crime was committed. next higher degree.
- Purpose:
o To facilitate the Commission of the Ex.: Killing a person is
Crime homicide. The penalty for
o To afford impunity – where the homicide is reclusion
accused deliberately selected an temporal.
isolated place for killing and burying
the victim to insure themselves If ordinary aggravating If the qualifying
against detection and punishment. circumstance of craft is circumstance of treachery
present, reclusion is present, it will qualify
e. Band temporal shall be applied the killing to murder
- It is ordinary or a special aggravating in its maximum period. instead of homicide and
circumstance in robbery by means of change the penalty to
violence or intimidation. reclusion perpetua to
- Elements: death instead of reclusion
1) There must be at least four temporal.
malefactors; It cannot be offset by an It is not subject to the
2) At least four of them are armed; and ordinary mitigating offset rule.
3) At least four them took part or acted circumstance.
together in the commission of crime
as principals by direct participation. - It is now a requirement that the aggravating
or qualifying circumstance be expressly and
 “Armed” – Any weapon which, by reason of its specifically alleged in the complaint or
intrinsic nature or the purpose of which it was information. Otherwise, they cannot be

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 29
 CRIMINAL LAW REVIEW
considered by the trial court in its judgment,
even if they are subsequently proved during
trial.
a. Aid of Armed Men
- It is an ordinary aggravating circumstance or
a qualifying circumstance in murder.
- Requisites:
 That the armed men are
accomplices who take part in minor
capacity, directly or indirectly; and
 That the accused availed himself of
their aid or relied upon them when
the crime was committed.
- In aid of armed men, the men act as
accomplices only.
o In band, the armed members
thereof, who are at least four, must
all be principals by direct
participation who acted together in
the execution of the acts
constituting the crime.
b. Aid of Persons Who Insure or Afford Impunity
- It is an ordinary aggravating circumstance or
a qualifying circumstance in murder.
- Example:
o A treacherously killed X. B and C
helped in throwing the dead body of
X at the sea to prevent the discovery
of the crime. A is liable as principal
for the crime of murder qualified by
the circumstance of treachery and
aggravated by the circumstance of
aid of persons who insure or afford
impunity. B and C are liable as
accessories.
 Aid of Armed Men vs. Aid of Persons who Insure or
Afford Impunity
Aid of Armed Men Aid of Persons who Insure
or Afford Impunity
Offender purposely Offender purposely
sought or consciously sought or consciously
relied upon the aid of relied upon persons to
secure him against
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
armed men in committing detection and
a crime. punishment.
The men, whose aid the The persons, whose aid
accused relied upon, must the offender relied upon,
be armed. are not required to be
armed.
c. Disguise
- It is an ordinary aggravating circumstance if
the accused employed the same to insure or
afford impunity by hiding his identity.
- What is important is that there was a
deliberate concealment of identity by the
accused.
- Ex.: If the accused covered his face with a
handkerchief when he treacherously killed
the victim, the crime committed is murder
qualified by treachery and aggravated by
disguise.
d. Calamity or Misfortune
- That the crime be committed on the occasion
of a conflagration, shipwreck, earthquake,
epidemic, or other calamity or misfortune is
generic ordinary aggravating circumstance or
a qualifying circumstance in murder.
- The offender must take advantage of the
condition brought about by a calamity or
misfortune to facilitate the commission of
the crime or to insure impunity.
e. Using Artifice involving Great Waste and Ruin
- 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 is an ordinary aggravating circumstance
or a qualifying circumstance in murder.
 Great Waste and Ruin
- If the means employed to commit a crime or
to kill a person as expressly mentioned in the
law such as explosion or poison, it is not
required that this circumstance caused great
waste and ruin.
- But, if the means employed to commit a
crime or to kill a person is not expressly
30
 CRIMINAL LAW REVIEW
mentioned in the law, it is required that the
circumstance caused great waste and ruin.
- Example:
o On the occasion of a student
demonstration, offender threw a
“pill box” killing instantaneously a
student and causing injuries to the
others. To qualify the crime as
murder, the explosion must involve
great waste and ruin. Here, the pill
box did not cause great waste and
ruin. It caused the death of only one
man, and serious physical injuries to
three students. Consequently, the
same should not be appreciated as
qualifying circumstance.
f. Treachery
- It is an ordinary aggravating circumstance or
a qualifying circumstance in murder.
- It is 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 take.
- It can only be appreciated in crime against
person.
- Requisites:
a. The employment of means of
execution that gives the person
attacked no opportunity to
defend himself or to retaliate;
and
b. The means of execution were
deliberately or consciously
adopted.
- It can also be appreciated if the accused took
advantage of the defenseless condition of
the victim.
o Killing of a child of tender age,
defenseless, and unprotected, must
always be classified as murder
qualified by the circumstance of
treachery.
 Continuous and Non-Continuous Attacks –
- The attack is continuous if there is neither
break in the continuity of the aggression nor
intervention of any factor, which materially
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
changes the conditions of the aggression;
there must be no appreciable time
intervening between the first attack and the
final fatal attack.
o Attack is continuous and the fatal
wound was inflicted at the final
stage thereof – treachery to be
appreciated must be present at the
beginning of the attack and not at
the final stage thereof.
o Attack is not continuous and the
fatal wound was inflicted at the final
stage thereof – treachery to be
appreciated must be present at the
final and not at the beginning
thereof.
 Treachery and Nighttime
- If the accused purposely sought nighttime or
took advantage thereof to make the attack
unexpected so as to render the victim
defenseless, treachery absorbs nighttime.
g. Employment of Means to Weaken the Defense
- It is an ordinary aggravating circumstance or
a qualifying circumstance in murder.
- Example:
o Where the accused intoxicated the
victim before strangulating him to
death, employment of means to
weaken defense shall be
appreciated.
o However, if the state of intoxication
of the victim renders him
defenseless or makes it impossible
for him to put up any sort of
resistance, treachery shall be
appreciated. In such case, treachery
absorbs circumstance of employing
means to weaken defense.
h. Abuse of Superior Strength
- It is an ordinary aggravating circumstance or
a qualifying circumstance in murder.
- It is present whenever there is inequality of
forces between the victim and the aggressor,
considering that a situation of superiority of
strength is notoriously advantageous for the
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aggressor and is selected or taken advantage Arises at the very instant Where a sufficient period
of by him in the commission of the crime. the plotters agree, of time must elapse to
- To appreciate abuse of strength, they must expressly or impliedly, to afford full opportunity for
commit the crime in the character of commit the felony and meditation and reflection
principals. forthwith decide to for the perpetrator to
commit it. deliberate on the
i. Consideration of Price, Reward or Promise – consequences of his
- It is an ordinary aggravating circumstance or intended deed.
a qualifying circumstance in murder. There are at least 2 It can be appreciated
- It shall not be appreciated if there was no persons in conspiracy who against a single offender
offer prior to the killing and the money was agreed and decided to who committed the crime
given voluntarily by accused after the crime commit a crime. despite opportunity for
had been committed as a sort of expression meditation and reflection.
of his appreciation of their sympathy and aid. Proof that the accused While express conspiracy
- The reward must be the primary committed the crime presupposes the existence
consideration in the commission of a crime or pursuant to express of evident premeditation,
felony. conspiracy gives rise to proof of implied
- In qualifying circumstance of price or reward, disputable presumption conspiracy would not
the offeror becomes a principal by that they meditated on establish any of the
inducement and the acceptor, principal by their confederated plan elements of evident
direct participation. and yet decided to premeditation.
implement it.
j. Evident Premeditation –
- It is an ordinary aggravating circumstance or - Where the accused would execute the
a qualifying circumstance in murder. preconceived act, such as robbery, theft, or
estafa, only after having thought out the
 Requisites: method by which he intends to accomplish it,
a. The time when the offender determined to evident premeditation is inherent.
commit the crime; - Evident premeditation is also inherent in
b. An act manifestly indicating that the offender has treason because adherence and the giving of
clung to his determination (to show that during aid and comfort to the enemy is a long-
the intervening period, offender did not back out continued process requiring persistent
from his criminal plan but instead he clung to it up determination and planning for the
to the time of its implementation); and successful consummation of the traitor’s
c. A sufficient interval of time between the purpose.
determination and the execution of the crime to
allow him to reflect upon the consequences of his k. Ignominy
act. - It is an ordinary aggravating circumstance
and may only be appreciated if the accused
 Essence of Evident Premeditation: deliberately perpetrated the ignominious act
- The execution of the criminal act must be to augment the moral suffering of the victim.
preceded by cool thought and reflection - Example: Raping the victim in the presence of
upon the resolution to carry out the criminal the husband is ignominy, which is not a
intent during a space of time sufficient to qualifying circumstance in rape.
arrive at a calm judgment. o Raping a victim would place her in a
humiliating condition. Thus,
 Conspiracy vs. Evident Premeditation – ordinarily, ignominy is inherent and
will not be appreciated in rape.
Conspiracy Evident Premeditation However, ignominy shall be
Mode of committing a Aggravating circumstance appreciated if the humiliating
crime. condition of the victim was

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 CRIMINAL LAW REVIEW

augmented because of the facilitate the commission by the victim to the

unnatural way of raping the victim of the crime. offender.
such as dog-style position, the
distinctive condition of the victim n. Unlawful Entry –
such as she was pregnant. - It is an ordinary aggravating circumstance or
a qualifying circumstance in robbery by using
l. Cruelty – force upon thing.
- For it to be considered as an aggravating - If the accused entered the house through a
circumstance, it must be proven that in window, which is not intended for entrance,
inflicting several stab wounds on the victim, unlawful entry is aggravating in any crime
the perpetrator intended to exacerbate the (such as homicide or murder) committed
pain and suffering of the victim. inside the house.
- It is perpetrated by the accused to prolong - Unlawful entry in robbery by using force
the physical suffering of the victim. upon thing, it is required that the accused
- The nature and number of wound does not entered the building and committed the
per se give rise to cruelty; the test is whether crime therein.
the accused deliberately and sadistically
augmented the victim’s suffering; o. Breaking Door or Window –
consequently, there must be proof that the - That as a means to the commission of a
victim was made to agonize before he was crime, a wall, roof, floor, door, or window be
killed. broken is an ordinary aggravating
circumstance or a qualifying circumstance in
Cruelty Ignominy robbery by using force upon thing.
It involves moral suffering. It refers to physical
suffering.  Dwelling – not an ingredient of the aggravating
circumstance of unlawful entry and breaking of
Cruelty Treachery wall, roof, floor, door, or window. Thus, unlawful
The cruel act of the The treacherous act of entry in or breaking the window of a building, not
accused is not necessary assaulting the victim is constituting a dwelling, shall be considered as
to the commission of the necessary to the aggravating circumstance.
crime. commission of the crime.  Entry – in breaking the window:
o As a qualifying circumstance in robbery
The intention of the The intention of the by using force upon things, it is required
offender in making a offender in perpetrating a that the accused entered the building
treacherous attack is to cruel act is to prolong the and took properties therein.
render the victim physical suffering of the o As an aggravating circumstance, it is not
defenseless to insure the victim. required that the accused entered the
commission of the crime. building. What is important is that the
accused committed the crime by
breaking the window.

m. Abuse of Confidence and Obvious Ungratefulness ALTERNATIVE CIRCUMSTANCES

- It is an ordinary aggravating circumstance or
a qualifying circumstance in theft. - Those which must be taken into
consideration as aggravating or mitigating
Abuse of Confidence Obvious Ungratefulness according to the nature and effects of the
The essence is taking the The basis of the crime and other conditions attending its
advantage of the appreciation is the commission.
confidence reposed by the commission of a crime
victim on the offender to instead of being grateful 1) Relationship –
to the generosities given - It refers to –

MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla) 33
 CRIMINAL LAW REVIEW
O Spouse
O Ascendants
O Descendants, or
O Legitimate, natural or adopted or
sisters
O Relatives by affinity in the same
degrees5
- However, in defense of relative, there is an
additional concept of relationship. It includes
relatives by consanguinity within the fourth
civil degree.
 Crime against Person
– Relationship is mitigating
circumstance if it is classified as
less grave felony or light felony
and the victim is a relative of
lower level.
– Relationship is an aggravating
circumstance:
 If it is classified as
grave felony; or
 If the victim is a
relative of higher or
equal level than the
offender.
 Crime against Property
– Exempting circumstance in
theft, swindling, or malicious
mischief.
– Mitigating circumstance if the
crime against property is not
covered by Article 332.
 Crime against Chastity
– It is committed against a
relative is so monstrous that no
punishment, which is in the
power of any human tribunal to
decree, could possibly be a
sufficient expiation of the
offense.
 Other Concept of Relationship –
o Under Sec 31 of RA 7610, the penalty for
child abuse shall be imposed in its
maximum period when the perpetrator
is an ascendant, parent guardian, step-
perpetrator or collateral relative within
5 Relative by affinity within the same degree means the
ascendants, descendant, brother or sister of the offender’s
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
the second degree of consanguinity or
affinity – special aggravating
circumstance.
o The circumstance of ascendency or
relationship within the second degree of
consanguinity or affinity is a special
aggravating circumstance in child
prostitution and sexual abuse.
2) Intoxication –
- It may be a mitigating or aggravating
circumstance.
o As mitigating, the accused must
established that his intoxication was
not habitual or subsequent to the
plan to commit the crime and that
he took such quantity of alcoholic
beverage, prior to the commission
of the crime, as would blur his
reason.
o As aggravating, the prosecution
must establish that the intoxication
is habitual or intentional and it
fortifies accused’s resolve in
committing the crime.
- To aggravate the liability of the accused, it is
not necessary that degree of intoxication
must have impaired the will power of the
accused. Impairment of the will power is only
required in appreciating intoxication as a
mitigating circumstance but not as an
aggravating circumstance.
- To aggravate the penalty, what is important
is that the intoxication, which is habitual or
intentional, must have emboldened accused
to commit the crime.
3) Lack of Instruction and Education –
- Not illiteracy alone but also lack of sufficient
intelligence and knowledge to fully realize
the consequence of his criminal act are
necessary to invoke the benefit of mitigating
circumstance of lack of instruction and
education.
- Extenuating circumstances must be proven
positively and cannot be based on mere
deduction or inference.
spouse or the spouse of the offender’s ascendant, descendant, or
brother or sister.
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 CRIMINAL LAW REVIEW
- It must be established that illiteracy was
coupled with such a low degree of
intelligence that the malefactor did not fully
realize the consequences of his criminal act.
 Requisites:
a. The offender possessed a high degree or
instruction and education; and
b. The offender took advantage of such
high degree of education in committing
the crime.
Inherent Circumstances
- Aggravating circumstances, which in
themselves constitute a crime especially
punishable by law or which are included by
the law in defining a crime and prescribing
the penalty therefore or which are inherent
in the crime to such a degree that it must
necessarily accompany the commission
thereof, shall not be taken into account for
the purpose of increasing the penalty.
Personal Circumstances
- It can only be appreciated against the
offender to whom such circumstance is
attendant.
- It is personal when it arises from the moral
attribute of the offender, from his private
relations with the offended party, or from
any other personal reason.
Non-Personal Circumstances
- It can be appreciated not only against the
person to whom such circumstance is
attendant but also against those who had
knowledge of the same at that time of the
execution of the act or their cooperation
therein.
ABSOLUTORY CAUSE
- Those where the act committed is a crime
but for reasons of public policy and
sentiment there is no penalty imposed.
- The following are absolutory causes:
o Spontaneous desistance in
Attempted Felony;
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
o Relationship in crime committed by
an accessory and in theft, malicious
mischief and swindling;
o Exceptional circumstance of having
caught spouse in the act of infidelity
in case of death and physical
injuries;
o Marriage in crime against chastity
and rape or forgiveness in marital
rape; and
o Instigation
 Relationship in Crime against Property –
- No criminal, but only civil liability, shall result
from the commission of the crime of theft,
swindling, or malicious mischief committed
or caused mutually by the following persons:
2. Spouses, ascendants and
descendants, or relatives by
affinity in the same degree;
3. Widowed spouse with
respect to the property
which belonged to the
deceased spouse before the
same shall have passed into
the possession of another;
and
4. Brothers and sisters and
brothers-in-law and sisters-
in-law, if living together.
 Death or Physical Injuries under Exceptional
Circumstances –
- Article 247 of the RPC - If an accused is
prosecuted for parricide, murder or
homicide, and he was able to establish that
the killing constitutes death under
exceptional circumstance, the court will
sentence him to suffer destierro instead of
imposing the penalty for parricide, murder or
homicide.
o To avail the defense under Article
247, the accused must establish the
following:
1. That a legally married person
(or a parent) surprises his
spouse (or his daughter,
under 18 years of age and
living with him), in the act of
committing sexual
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 CRIMINAL LAW REVIEW
intercourse with another
person;
2. That he or she kills any or
both of them or inflicts upon
any or both of them any
serious physical injury in the
act or immediately
thereafter.
3. That he has not promoted or
facilitated the prostitution of
his wife (or daughter) or that
he or she has not consented
to the infidelity of the other
spouse.
 Instigation and Entrapment –
Instigation Entrapment
It means luring the It is the employment
accused into a crime of ways and means in
that he, otherwise, order to trap or
had no intention to capture a criminal.
commit, in order to
prosecute him.
The criminal intent to The criminal intent or
commit an offense design originates from
originates from the the accused and the
inducer and not from law enforcers merely
the accused who had facilitate the
no intention to apprehension of the
commit and would criminal by using ruses
not have committed and schemes.
it were it not for the
prodding of the
inducer.
The law enforcers act It does not bar
as active co prosecution and
principals. Instigation conviction.
leads to the acquittal
of the accused.
Persons Liable and Degree of Participation
Criminally liable for Grave Criminally liable for Light
and Less Grave felonies: felonies:
o Principals o Principals
o Accomplices o Accomplices
o Accessories
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
PRINCIPALS –
Article 17 – Principals – The following are considered
principals:
1) Those who take a direct part in the execution of
the act;
2) Those who directly force or induce others to
commit it;
3) Those who cooperate in the commission of the
offense by another act without which it would
not have been accomplished.
 Principal by Direct Participation –
- Those who take a part in the execution of
the act are principal by direct participation.
- It includes Chief Actor and Conspirator.
 Chief Actor –
- One who committed the act constituting a
crime such as the person who stabbed and
killed the victim.
- With or without conspiracy, the chief actor
is liable as principal by direct participation.
 Conspirator –
- One who performed an act in furtherance of
conspiracy, is liable as principal by direct
participation.
- He who acted as a lookout, is liable as
principal by direct participation, because the
act committed by the chief actor in stabbing
the victim is the act of the former.
- In conspiracy, the act constituting the crime
by the chief actor is the act of all conspirators
because of the collective responsibility
principle.
- To hold an accused guilty as a co-principal by
reason of conspiracy, he must be shown to
have performed an overt act in pursuance or
furtherance of the conspiracy.
- “Overt act in furtherance of conspiracy” may
consist of the following:
o Active participation in the actual
commission of the crime itself;
o Moral assistance to his co-
conspirators by being present at the
time of the commission of the
crime;
o By exerting moral ascendancy over
the other co-conspirators by moving
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 CRIMINAL LAW REVIEW
them to execute or implement the
criminal plan.
 Principal by Inducement –
- Those who directly force or induce others to
commit it are principals by inducement.
 Directly Forcing Another –
o One, who directly forced another to
commit a crime, is a principal by
inducement.
o He compels another either by using
irresistible force or by causing
uncontrollable fear to commit a
crime.
 Directly Inducing Another –
o One, who directly induces another
to commit a crime.
o To be held liable, it is important that
the inducement is made directly
with the intention of procuring the
commission of the crime.
- It is also required that the inducement is the
determining cause of the commission of the
crime.
- Inducement is either:
o By command –
 The inducer by word of
command must have an
ascendancy over the chief
actor;
 The word of command
must be so direct, so
efficacious and so
powerful amounting to
physical or moral coercion;
 The word of command
must be uttered prior to
the commission of the
crime; and
 The chief actor has no
personal reason to commit
the crime.
o For a consideration, without such
offer or promise, the criminal act
would never have been committed.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
o By any other similar act which
constitutes the real and moving
cause of the crime.
 Principal by Indispensable Cooperation –
- Those who cooperate in the commission of
the offense by another act without which it
would not have been accomplished.
- One must participate in the criminal
resolution, a conspiracy or unity in criminal
purpose (community of design) and
cooperation in the commission of the offense
by performing another act without which it
would not have been accomplished.
ACCOMPLICES –
Article 18 – Accomplices – Accomplices are the persons
who, not being included in Article 17, cooperate in the
execution of the offense by previous or simultaneous acts.
 Requisites:
1) Community of design, which means that the
accomplice knows of and concurs with, the
criminal design of the principal by direct
participation;
2) Performance by the accomplice of previous or
simultaneous acts that are not indispensable to
the commission of the crime;
3) That there be a relation between the acts done
by the principal and those attributed to the
person charged as an accomplice.
 Extent of Participation –
- The accomplice must perform the previous
or simultaneous acts with the intention of
supplying material or moral aid in the
execution of the crime in an efficacious way.
 Conspirators vs. Accomplices –
Conspirators Accomplices
They agreed and decided They acquire knowledge
to commit the crime; in and concur with the
sum, their collective criminal design of the
responsibility is based on conspirators after the
conspiracy. latter reaches a decision;
in sum, their quasi-
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 CRIMINAL LAW REVIEW

collective responsibility is o The principal is unidentified, or was

based on community of acquitted due to technicality.
design. - As long as the commission of the offense can
To be held liable on the They must supply material be duly established in evidence, the
basis of collective or moral aid an efficacious determination of the liability of the
responsibility, they must way. accomplice or accessory can proceed
perform an act in independently of that of the principal.
furtherance of conspiracy
such as providing active  Time of Participation:
participation or moral
assistance or exerting  With Conspiracy – conspirators are liable as
moral ascendency. principals regardless of the time of participation.
The nature and time of The participation of the  Without Conspiracy –
participation of the accomplices must be o If there is community of design and the
conspirators is not previous or simultaneous accused cooperates in the execution of
important. to the commission the offense by previous or simultaneous
thereof; otherwise, they acts, the former is liable as an
are liable as principal by accomplice or principal by indispensable
indispensable cooperation, depending upon the extent
cooperation. of the crime.
o If there is knowledge of the commission
of the crime and the accused takes part
ACCESSORIES – subsequent to its commission.

Article 19 – Accessory – Those who, having knowledge of  Nature of Participation:

the commission of the crime, and without having
participated therein, either as principals or accomplices, I. Profiting
take part subsequent to its commission in any of the II. Preventing the Discovery of the Crime
following manners: III. Assisting the Principal to Escape

1) By profiting themselves or assisting the offender CONSPIRACY –

to profit by the effects of the crime;
2) By concealing or destroying the body of the crime
or the effects or instruments thereof, in order to
prevent its discovery;
3) By harboring, concealing, or assisting in the
escape of the principal of the crime, provided the
accessory acts with abuse of his public functions
or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is know to be
habitually guilty of some other crime.
- It is not necessary that the principal should
be first declared guilty before an accessory
can be made liable as such. One can be held
liable as an accessory even if the chief actor
or principal was not convicted because:
o The principal is at large;
o The principal died; or
- Either direct or implied.
 Express Conspiracy
- Conspiracy proven by direct evidence.
 Implied Conspiracy
- Conspiracy may be established by
circumstantial evidence.
- It may be proven through the collective acts
of accused, before, during and after the
commission of a felony, all the accused
aiming at the same object, one performing
one part and another performing another for
the attainment of the same criminal
objective.
o Simultaneous Attacks – However,
there is no implied conspiracy if the
simultaneity of the attacks by

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 CRIMINAL LAW REVIEW

several accused was just a reflex superior officials may impose upon their
response or spontaneous reaction. subordinates.
Proposal e. Deprivation of rights and reparation
which the civil law may establish in penal
Community of Design form.
RA 9346 – Act Prohibiting the Imposition of Death
- It means that the accomplice (or principal by Penalty in the Philippines
indispensable cooperation) knows of, and
concurs with criminal design of the principal - The imposition of the penalty of death is
by direct participation. PROHIBITED.
- Elements: - In lieu of the death penalty, the following
o Knowledge shall be imposed:
o Concurrence in the criminal mind (a) The penalty of reclusion
of the Chief actor perpetua, when the law
violated makes use of the
c. Multiple Offenders nomenclature of the
d. Obstruction of Justice penalties of the RPC; or
(b) The penalty of life
imprisonment, when the law
PENALTIES violated does not make use
of the nomenclature of the
A. GENERAL PRINCIPLES penalties of the RPC.
- Person convicted of an offense with reclusion
 Prospectivity and Retroactivity – perpetua, or whose sentences will be
reduced to reclusion perpetua from death
GR: No felony shall be punishable by any penalty penalty shall not be eligible for parole under
not prescribed by law prior to its commission. the Indeterminate Sentence Law.

XPN: Penal laws shall have a retroactive effect  Purposes of Penalties –

insofar as they favor the person guilty of a felony, 1. Prevention
who is not a habitual criminal although at the time 2. Self-defense
of the publication of such laws a final sentence 3. Reformation
has been pronounced and the convict is serving 4. Justice
the same.

 The following shall not be considered as penalties:

a. 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.
b. The commitment of a minor to any of the
institutions under RA 9344.
c. Suspension from employment or public
office during the trial in order to institute B. CLASSIFICATION OF PENALTIES
proceedings.
d. Fines and other corrective measures 1. PENALTIES IN GENERAL (Article 25, RPC)
which, in the exercise of their
administrative disciplinary powers, I. Capital Punishment:

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 CRIMINAL LAW REVIEW

Death  Accessory Penalty

II. Afflictive Penalties: - Those impliedly included in the imposition of
the principal penalties.
Reclusion Perpetua
Reclusion Temporal  Complex Penalty
Perpetual or temporary absolute - It is the penalty prescribed by law for a crime,
disqualification which is composed of three distinct
Perpetual or temporary special disqualification penalties.
Prision Mayo - Here, each distinct penalty shall form a
III. Correctional Penalties: period; the lightest of them shall be the
minimum, the next is medium, and the most
Prision Correcional severe, the maximum period.
Arresto Mayor - Example:
Suspension o The penalty for treason committed
Destierro by an alien is reclusion temporal to
death. This is a complex penalty.
IV. Light Penalties: The minimum period of this penalty
is reclusion temporal; the medium
Arresto Mayor period is reclusion perpetua; the
Public Censure maximum period is death.
V. Penalties common to the Three preceding
classes:  Fine –
- Under Article 26 of the RPC, as amended by
Fine, and Bond to keep the peace RA 10951, a fine, whether imposed as a single
VI. Accessory Penalties: or as an alternative penalty, shall be
considered an –
Perpetual or temporary absolute o afflictive penalty, if it exceeds
disqualification P1,200,000;
Perpetual or temporary special disqualification o correctional penalty, if it does not
Suspension from public office, the right to vote exceed P1,200,000 but is not less
and be voted for, the profession or calling than P40,000; and
Civil Interdiction o light penalty, if it be less than
Indemnification P40,000.
Forfeiture or confiscation of instruments and - It may also be a –
proceeds of the offense o Single Penalty (P40,000)
Payment of costs o Alternative Penalty (P40,000 or one
year of imprisonment)
o Additional Penalty (P40,000 and one
year of imprisonment)
- If the law prescribed alternative penalty of
fine or imprisonment, the court in sentencing
the accused must choose between fine and
imprisonment.

 Two Classes of Penalty:  Subsidiary Imprisonment

- A penalty which must be served only by the
 Principal Penalty culprit who failed to pay it due to insolvency.
- Those expressly imposed by the court in the
judgment of conviction. C. Duration and Effect

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 CRIMINAL LAW REVIEW

 Article 27 and 76 of the Revised Penal Code - The duration of the minimum, medium and
maximum periods under Article 76 is 1/3
Penalties Duration equal portion of the respective penalties
Reclusion Perpetua – 20 years and 1 day to 40 except arresto mayor.
years o The time included in the minimum
Reclusion Temporal – 12 years and 1 day to 20 period of arresto mayor is only one
years month while that of the medium
Prision Mayor – 6 years and 1 day to 12 and maximum is two months.
years - The duration of absolute or special
Prision Correcional – 6 months and 1 day to 6 temporary disqualification and its periods are
years the same as that of prision mayor; and the
Arresto Mayor – 1 month and 1 day to 6 duration of destierro and suspension and
months their period are the same as that of prision
Arresto Menor – 1 day to 30 days correcional.
Reclusion Temporal: - The bond to keep the peace shall be required
Maximum – 17 years, 4 months and 1 to cover such period of time as the court may
day to 20 years determine.
Medium – 14 years, 8 months and 1
day to 17 years and 4  Computation of Penalties:
months o Offender shall be in prison –
Minimum – 12 years and 1 day to 14  The term of the duration of the
years and 8 months temporary penalties shall be
Prision Mayor: computed from the day on
Maximum – 10 years and 1 day to 12 which the judgment of
years conviction shall have become
Medium – 8 years and 1 day to 10 final.
years

Minimum – 6 years and 1 day to 8 o Offender be not in prison –

years  The term of the duration of the
Prision Correcional: penalty consisting of
Maximum – 4 years, 2 months and 1 deprivation of liberty shall be
day to 6 years computed from the day that
Medium – 2 years, 4 months and 1 the offender is placed at the
day to 4 years and 2 disposal of the judicial
months authorities for the
Minimum – 6 months and 1 day to 2 enforcement of the penalty.
years and 4 months
Arresto Mayor: - The duration of other penalties shall be
Maximum – 4 months and 1 day to 6 computed from the day on which the
months defendant commences to serve his sentence.
Medium – 2 months and 1 day to 4
months
Minimum – 1 month and 1 day to 2
months
Arresto Menor:
Maximum – 21 days to 30 days PREVENTIVE IMPRISONMENT –
Medium – 11 days to 20 days - It is when the accused was detained by
Minimum – 1 day to 10 days reason of a warrant of arrest or bench
warrant or a lawful warrantless arrest, and he
was not able to post bail due to financial

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 CRIMINAL LAW REVIEW
incapacity or since the offense of which he is
charged is non-bailable, his detention is
called preventive imprisonment.
 Credit of Preventive Imprisonment –
- An accused who has undergone preventive
imprisonment shall be credited, either full or
4/5 of the term, in the service of their
sentence consisting of deprivation of liberty,
provided he is not disqualified.
o FULL CREDIT – detention prisoner
executed detainee’s manifestation
– defined as a written declaration of
a detained prisoner, with the
assistance of a counsel, stating his
willingness to abide by the same
disciplinary rules imposed upon a
convicted prisoner for the purpose
of availing the full credit of the
period of his preventive
imprisonment.
o 4/5 CREDIT – detention prisoner
executed detainee’s waiver –
defined as a declaration of a
detained prisoner, with the
assistance of a counsel, stating his
refusal to abide by the same
disciplinary rules imposed upon a
prisoner convicted by final
judgment.
o NO CREDIT – if the accused is a
recidivist; has been previously
convicted twice or more times of
any crime; or has failed to surrender
voluntarily before a court of law
upon being summoned.
- Full credit for Child in Conflict with the Law –
the full time spent in actual commitment and
detention of juvenile delinquent shall be
credited in the services of his sentence.
 Credit for Reclusion Perpetua –
- Deducted from 30 years.
 Credit for Destierro –
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
- Where the penalty of destierro is to be
imposed on the accused, the benefits of
Article 29 (“sentence consisting of
deprivation of liberty”) should be extended
to him, that is, he should be credited with the
time during which he has undergone
preventive imprisonment.
 Immediate Release –
- If the period of preventive imprisonment is
equal to the imposable maximum
imprisonment of the offense charged, the
detention prisoner shall be released
immediately without prejudice to the
continuation of the case.
- XPN: In case the accused is not entitled to the
benefit of the rule on immediate release -
o Recidivist
o Habitual Delinquent
o Ecapee
o Person charged with heinous crimes
 Good Conduct Time Allowance (GCTA) –
- The following shall be entitled to good
conduct time allowance:
a. A detention prisoner qualified for credit
for preventive imprisonment for his
good conduct and exemplary behavior;
and
b. A prisoner convicted by the final
judgment in any penal institution,
rehabilitation or detention center or any
other local jail for his good conduct and
exemplary behavior.
- The good conduct time allowances are as
follows:
o First 2 years of imprisonment: 20
days for each month of good
behavior
o 3rd to 5th year: 23 days for each
month of good behavior
o 6th to 10th year: 25 days for each
month of good behavior
o 11th year and successive years: 30
days for each month of good
behavior
 Time Allowance for Study, Teaching, and
Mentoring (TASTM) –
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 CRIMINAL LAW REVIEW
- It is a privilege granted to a prisoner, whether
detained or convicted by final judgment, as a
reward for having earned a post-graduate
degree or college degree, a certificate of
completion of a vocational or technical skills
or values development course, a high school
or elementary diploma or to one serving his
fellow prisoner as a teacher or mentor while
incarcerated, equivalent to a deduction of a
maximum of 15 days for every month of
study or mentoring services.
 Special Time Allowance for Loyalty (STAL) –
- If a detention prisoner or convicted prisoner
escapes during the calamity, and
subsequently surrenders within 48 hours
from the time the President announces the
passing away of such calamity, he is entitled
to 1/5 STAL under Article 98, as amended by
RA 10592.
- If convicted prisoner did not surrender within
the period, he is liable for evasion of
sentence, punishable by a penalty equivalent
to 1/5 of the time remaining to be served
under the original sentence, which in no case
shall exceed 6 months.
- If the detention prisoner did not surrender
within the period, he is not liable for evasion
of sentence.
- In case the prisoner chose to stay in the place
of his confinement notwithstanding the
existence of a calamity, he is entitled to 2/5
STAL.
 Effects of the penalties according to their
respective nature –
 The penalties of perpetual or temporary absolute
disqualification for public office shall produce the
following effects:
o The deprivation of the public offices and
employments which the offender may
have held even if conferred by popular
election.
o The deprivation of the right to vote in
any election for any popular elective
office, or to be elected to such office.
o The disqualification for the offices or
public employments and for the exercise
of any of the rights mentioned.
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
o The lost of all rights to retirement pay or
other pension for any office formerly
held.
 The penalties of perpetual or temporary special
disqualification for public office, profession, or
calling shall produce the following effects:
o The deprivation of the office,
employment, profession or calling
affected;
o The disqualification for holding similar
offices or employments either
perpetually or during the term of the
sentence, according to the extent of
such disqualification.
 Classification of Disqualification –
 Disqualification is absolute:
o Deprivation of the public offices and
employments with loss of retirement
and other pension benefits;
o Deprivation of the right to vote or to be
elected; and
o Disqualification for the offices or public
employments and for the exercise of any
of the rights mentioned.
 Disqualification is special:
o Deprivation of the public office,
employment, profession or calling
affected; and
o Disqualification for holding similar
offices or employments; OR
o Deprivation of the right to vote or to be
elected; and
o Prohibition to hold any public office.
 Civil Interdiction –
- It shall deprive the offender during the time
of his sentence of the rights of parental
authority, or guardianship, either as to the
person or property of any ward, of marital
authority, of the right to manage his property
and of the right to dispose of such property
by any act or any conveyance inter vivos.
 Bond –
- It shall be the duty of any person sentenced
to give bond to keep the peace, to present
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 CRIMINAL LAW REVIEW

two sufficient sureties who shall undertake

that such person will not commit the offense FACTORS NUMBER OF DEGREES
sought to be prevented, and that in case such Stage of Execution:
offense be committed they will pay the
amount determined by the court in its Frustrated Stage – 1
judgment, or otherwise to deposit such Attempted Stage – 2
amount in the office of the clerk of the court Nature of Participation:
to guarantee said undertaking.
- Failure to give a bond as required, he shall be Accomplice – 1
detained for a period which shall in no case Accessory – 2
exceed 6 months, if he shall have been Privileged Mitigating
prosecuted for a grave or less grave felony, Circumstance
and shall not exceed 30 days, if for a light
felony. Minority – 1
Incomplete justification or 1 or 2
 Order of Payment – exemption (except:
- In case the property of the offender should Accident) –
not be sufficient for the payment of all his
pecuniary liabilities, the same shall be met in  Rules for Graduating Penalties:
the following order:
Graduated Penalty
1. The reparation of the - It is that which is inferior to the fixed penalty
damage caused; by one or more degrees in the graduated
2. Indemnification of scale of penalties.
consequential damages; - Article 71 provides the graduated scale of
3. Fine; and penalty as follows:
4. Cost of the proceedings.
Graduated Scale of Penalty:

GRADUATING CIRCUMSTANCES Death

- The factors to be considered are the Reclusion perpetua
following: Reclusion temporal
o Stage of Execution Prision mayor
o Nature of Participation of Offender Prision correctional
o Presence of Special Mitigating Arresto mayor
Circumstance, or Privileged Destierro
Mitigating Circumstances Arresto menor
Public censure
Fine
o However, in scale of penalties in
accordance with its severity under
Article 70 for purposes of service of
sentences, arresto menor is listed
below arresto mayor.
o In Article 71, for purposes of
graduation of penalties, destierro is
listed below arresto mayor.
- Under Articles 50 to 57, 64, pars. 5, 68, and
69, the fixed penalty shall be graduated by - Generally, it is a single penalty, which is
one or more degrees on the basis of the immediately inferior to the penalty or to
following factors:

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 CRIMINAL LAW REVIEW

lesser component of the penalty prescribed

by law for the crime committed. Arresto mayor in its maximum period to prision
o Ex.: Reclusion temporal is correctional in its medium period is immediately inferior
immediately inferior to reclusion to prision correctional in its maximum period to prision
perpetua prescribed for simple mayor in its medium period prescribed for simple
rape. Hence, reclusion temporal is robbery.
the penalty one degree lower than
reclusion perpetua. Prision mayor Maximum Prescribed
Medium Penalty
 Penalty in Period – Minimum
- It must be immediately inferior to the Maximum
prescribed penalty in period. Prision Medium One degree
correcional Minimum lower
Examples: Maximum
Arresto mayor Medium Two degrees
o If the prescribed penalty is composed of a single Minimum lower
period, the graduated penalty must also be Maximum
composed of a single period. Destierro Medium
Minimum
Prision coreccional in its minimum period is immediately
inferior to prision correctional in its medium period
prescribed for conspiracy to commit sedition. Hence,  Penalty in Full and Penalty in Period –
the former is the penalty one degree lower than the
latter. - If the penalty prescribed by law for the crime
committed is composed of a full penalty and
penalty in period, the graduated penalty
o If the prescribed penalty is composed of two must be composed of 3 periods. It must
periods, the graduated penalty must also be immediately inferior to the prescribed
composed of two periods. penalty.

Arresto mayor in its maximum period to prision Example:

correctional in its minimum period is immediately
inferior to prision correctional in its medium and Prision mayor in its maximum period to
maximum periods prescribed for reckless imprudence reclusion temporal in its medium period (this
resulting in homicide. Hence, the former is the penalty penalty is composed of 3 periods) is
one degree lower than the latter. immediately inferior to reclusion temporal in
its maximum period to reclusion perpetua
Prision Maximum Prescribed prescribed for attempted robbery with
correcional Medium Penalty homicide.

Minimum One degree Reclusion Maximum Prescribed

Maximum lower perpetua penalty
Arresto mayor Medium Two degrees Reclusion Medium One degree
Minimum lower temporal Minimum lower
Maximum Maximum
Prision Medium Two degrees
Mayor Minimum lower
o If the prescribed penalty is composed of three Maximum
periods, the graduated penalty is composed of Prision Medium
three periods, the graduated penalty must also be correcional Minimum
composed of three periods.

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 CRIMINAL LAW REVIEW

the court if at least one

Graduating Death Penalty – aggravating circumstance
- Death shall be excluded from the scale of –
graduated penalties. 1. Is present, or
- Example: 2. Remains after
o The accused is convicted of the application of
attempted qualified rape. The Offset Rule;
penalty for qualified rape is death. 3.
However, RA 9346 has excluded Otherwise, the lesser
death penalty from the scale of penalty of reclusion
graduated penalties. Hence, perpetua shall be applied.
reclusion perpetua, which is now
the highest penalty, shall be
considered for purposes of
graduation. Since the crime merely b. Application of Divisible Penalties –
reached the attempted stage, (Article 64 – Rules for the Application of
reclusion perpetua shall be reduced Divisible Penalty or penalties composed
to 2 degrees lower, and that is of three periods)
prision mayor. Example:

D. Application o Under Article 65, prision mayor, prescribed for

frustrated homicide is composed of three
a. Application of Indivisible Penalties - periods.
(Article 63 – Rules for the Application of
Indivisible Penalty) Minimum: 6 years and 1 day to 8 years
Medium: 8 years and 1 day to 10 years
Single Indivisible Penalty Ex.: Death is an indivisible Maximum: 10 years and 1 day to 12 years
penalty. Therefore, if the
penalty is death or No Modifying Prision mayor
reclusion perpetua, its Circumstance - prescribed for
shall not be lowered by frustrated homicide
one degree, no matter shall be imposed in
how many mitigating its medium period.
circumstances are Aggravating Prision mayor
present. But where the Circumstance prescribed for
imposable penalty is death (disregard of frustrated homicide
penalty, the same shall be dwelling) is present - shall be imposed on
reduced to reclusion its maximum period.
perpetua because of RA Mitigating Prision mayor
9346. Circumstance prescribed for
Two Indivisible Penalties Where the penalty is (voluntary attempted homicide
reclusion perpetua to surrender) is shall be imposed in
death, the crucial factor to present - its minimum period.
be considered in Special Mitigating The court shall
determining the Circumstance (there impose the penalty
imposable indivisible are two or more next lower to that
penalty is the presence of mitigating prescribed by law, in
aggravating circumstance. circumstances and the period that it
no aggravating may deem
The graver penalty of circumstances) are applicable,
death shall be applied by present – according to the

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 CRIMINAL LAW REVIEW

number and nature present, the court shall reasonably offset

of such those of one class against the other
circumstances. according to their relative weight.
- After applying the offset rule, if there are
Example: remaining aggravating circumstances, the
penalty shall be applied in its maximum
Two mitigating It shall be period; if there is no remaining modifying
Circumstances – considered in circumstance, the penalty shall be applied in
lowering the penalty its medium period; if there are remaining
prescribed by law by mitigating circumstances, the penalty shall
one degree lower. be applied in its minimum period.

Example:
Three mitigating The two mitigating
Circumstances – circumstances shall Two mitigating circumstances and One Aggravating
be considered in Circumstance – Accused is found guilty of homicide, which
lowering the penalty is punishable by reclusion temporal. There are two
prescribed by law by ordinary mitigating circumstances and one aggravating
one degree and one circumstance. Applying the offset rule, there is one
mitigating mitigating circumstance remaining. With this
circumstance shall circumstance, reclusion temporal shall be applied in its
be taken to apply minimum period.
the reduced penalty
in its minimum  Not subject to the offset rule – only ordinary
period. aggravating and mitigating circumstances are subject
to the offset rule.
Four Mitigating The two mitigating
Circumstances – circumstances shall Indeterminate Sentence Law (Act No. 413, as
be considered in amended)
lowering the penalty
prescribed by law by  Indeterminate Sentence –
one degree and two - A sentence with a minimum term and a
mitigating maximum term of which the court is
circumstances shall mandated to impose for the benefit of a
be taken to apply guilty person who is not disqualified to avail
the reduced penalty therefore, when the maximum imprisonment
in its minimum exceeds 1 year.
period.
 Purpose:
The penalty shall not
be lowered by two - To uplift and redeem valuable human
degrees. Special material, and prevent unnecessary and
mitigating excessive deprivation of personal liberty and
circumstance shall economic usefulness; it is necessary to
only be appreciated consider the criminal, first, as an individual
once. and, second, as a member of society.
- The purpose of fixing the maximum penalty is
 Offset Rule – to determine up to when the convict must
- If aggravating circumstance of dwelling and serve his sentence in prison.
mitigating circumstances of voluntary o Upon serving the maximum penalty,
confession and voluntary surrender are the accused will be released.

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 CRIMINAL LAW REVIEW

- The reason in fixing the minimum is to - When the culprit has to serve two or more
determine when the convict will be eligible penalties, he shall serve them simultaneously
for parole. if the nature of the penalties will so permit.
o Upon serving the minimum penalty,
the accused may be released on  Successive Service –
parole. - Imprisonments cannot be served
simultaneously by reason of their nature.
 Rules in imposing a penalty: Thus, a convict must serve them successively.
- A convict must serve multiple penalties
When penalty is imposed When penalty is imposed successively:
by RPC: by Special Penal Law: o Where the penalties to be served
Maximum Term – is that Maximum term – must not are destierro and imprisonment;
which in view of the exceed the maximum and
attending circumstances term fixed by said law. o Where the penalties to be served
could be properly imposed are imprisonments
under the RPC. - Under this system, the maximum duration of
a culprit’s confinement shall not exceed
Minimum Term – is within Minimum term – must not three times the most serious of the penalties
the range of the penalty be less than the minimum imposed upon him, but shall not in any case
next lower to that term prescribed by the exceed 40 years.
prescribed by the RPC. same.
 Three-fold Rule –
- In serving multiple sentences the period of
 The benefits of parole or indeterminate sentence are imprisonment that a convict must serve
not applicable to the following: neither be more than 40 years nor exceed
three-fold the length of time corresponding
1. Treason, conspiracy or proposal to commit to the most severe of the penalties imposed
treason, misprision of treason, rebellion or upon him.
sedition, espionage or piracy; - Example:
2. Habitual delinquents; o Accused is convicted of 11 counts of
3. Those who have escaped from confinement or unjust vexation and sentenced to
evaded sentence; suffer in each case 11 days of
4. Those who violated the terms of conditional arresto menor. Applying three-fold
pardon; rule, accused will merely serve 33
5. Penalty of imprisonment, the maximum term of days of imprisonment and not 121
which does not exceed one year; days.
6. Death penalty or life imprisonment; or reclusion
perpetua;
7. Use of trafficked victim

Three-Fold Rule
 Rule if the culprit has to serve 2 or more penalties
 Simultaneous Service – (Article 70, RPC) –

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 CRIMINAL LAW REVIEW

- If the culprit has to serve 2 or more penalties, 1) When there is a principal penalty of imprisonment
he shall serve them simultaneously if the or any other principal penalty and it carries with it
nature of the penalties will so permit. a fine; or
- Otherwise, the penalties shall be served 2) When penalty is only a fine.
successively on the order of their severity as
follows: E. Accessory Penalties

a. Death  Accessory Penalties that are inherently attached to

b. Reclusion perpetua principal penalties:
c. Reclusion temporal
d. Prision mayor 1. Death when not executed by reason of
e. Prision correccional commutation or pardon shall carry with it:
f. Arresto mayor A. Perpertual Absolute Disqualification
g. Arresto menor B. Civil Interdiction during the first 30 years
h. Destierro following the date of the sentence.
i. Perpetual absolute disqualification
j. Temporary absolute disqualification 2. Reclusion perpetua and reclusion temporal shall
k. Suspension from public office, the right to vote carry with it:
and be voted for, the right to follow profession or A. Civil Interdiction for life or during the period of
calling the sentence.
l. Public Censure B. Perpetual Absolute Disqualification which
shall still served even if the principal penalty
Subsidiary Imprisonment has been pardoned, unless when the same has
been expressly remitted in the pardon.
- Under Article 39 of the RPC, as amended by
RA 10159, if the convict has no property with 3. Prision mayor shall carry with it:
which to meet the fine, he shall be subject to A. Temporary Absolute Disqualification
a subsidiary personal liability at the rate of B. Perpetual Special Disqualification of the right to
one day for each amount equivalent to the suffrage which the offender shall suffer even if
highest minimum wage rate prevailing in the the principal penalty has been pardoned, unless
Philippines at the time of the rendition of the same has been expressly remitted in the
judgment of conviction by the trial court. pardon.

 Subsidiary Penalty – 4. Prision correccional shall carry with it:

- No subsidiary penalty is imposed for non-
payment of –
o The reparation of the damage
caused;
o Indemnification of the
consequential damages; and
o The costs of the proceedings.
- It is not an accessory penalty. It is a penalty
imposed upon the accused and served by him
in lieu of the fine which he fails to pay on
account of insolvency.
A. Suspension from public office and the right to
practice a profession or calling.
B. Perpetual Special Disqualification from the
right of suffrage if the duration of the
imprisonment shall exceed 18 months, which
shall be suffered even if the principal penalty
has been pardoned, unless the same has
been expressly remitted in the pardon.
5. Arresto shall carry with it suspension of the right
to hold public office, and the right of suffrage
during the term of the sentence.

 Imposition of Subsidiary Penalty – F. Execution and Service

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 CRIMINAL LAW REVIEW
 Instances or situations in criminal cases wherein the
accused can be granted a suspended sentence are as
follows:
1. Where the accused became insane before
sentence could be promulgated;
2. Where the offender is placed under probation;
3. Where the offender needs to be confined in a
rehabilitation center because of drug-
dependency although he committed the crime of
use of dangerous drugs in accordance with
Section 54 of RA 9165;
4. Where the offender is a child in conflict with the
law entitled to automatic suspension of sentence
under Section 38 of RA 9344.
PD No. 968 – Probation Law
RA No. 9344 – Juvenile Justice and Welfare Act
CRIMINAL AND CIVIL LIABILITIES
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
EXTINCTION OF CRIMINAL LIABILITY
TOTAL EXTINCTION OF CRIMINAL LIABILITY
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.
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 RA 4661,
approved June 19, 1966).
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 CRIMINAL LAW REVIEW
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.
Chapter Two
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Article 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
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
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 behaviour.
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 58 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.
CIVIL LIABILITY
PERSON CIVILLY LIABLE FOR FELONIES
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 CRIMINAL LAW REVIEW
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
damages have been caused with the consent of the
authorities or their agents, indemnification shall be made
in the manner prescribed by special laws or regulations.
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,
MV NOTES 2019 (Source: Criminal Law Reviewer Book (2018) by Judge Campanilla)
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 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.
WHAT CIVIL LIABILITY INCLUDES
Article 104. What is included in civil liability. - The civil
liability established in Articles 100, 101, 102, and 103 of this
Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
Article 105. Restitution; How made. - The restitution of the
thing itself must be made whenever possible, with
allowance for any deterioration, or diminution of value as
determined by the court.
The thing itself shall be restored, even though it be found in
the possession of a third person who has acquired it by
lawful means, saving to the latter his action against the
proper person, who may be liable to him.
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This provision is not applicable in cases in which the thing Article 111. Obligation to make restitution in certain cases.
has been acquired by the third person in the manner and - Any person who has participated gratuitously in the
under the requirements which, by law, bar an action for its proceeds of a felony shall be bound to make restitution in
recovery. an amount equivalent to the extent of such participation.

Article 106. Reparation; How made. - The court shall

determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and
its special sentimental value to the injured party, and
reparation shall be made accordingly.
Article 107. Indemnification; What is included. -
Indemnification for consequential damages shall include
not only those caused the injured party, but also those
suffered by his family or by a third person by reason of the
crime.
Article 108. Obligation to make restoration, reparation for
damages, or indemnification for consequential damages
and actions to demand the same; Upon whom it devolves.
- The obligation to make restoration or reparation for
damages and indemnification for consequential damages
devolves upon the heirs of the person liable.
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
Article 112. Extinction of civil liability. - Civil liability
established in Articles 100, 101, 102, and 103 of this Code
shall be extinguished in the same manner as obligations, in
accordance with the provisions of the Civil Law.
Article 113. Obligation to satisfy civil liability. - Except in
case of extinction of his civil liability as provided in the next
preceding article the offender shall continue to be obliged
to satisfy the civil liability resulting from the crime
committed by him, notwithstanding the fact that he has
served his sentence consisting of deprivation of liberty or
other rights, or has not been required to serve the same by
reason of amnesty, pardon, commutation of sentence or
any other reason.

The action to demand restoration, reparation, and

indemnification likewise descends to the heirs of the person
injured.

Article 109. Share of each person civilly liable. - If there are

two or more persons civilly liable for a felony, the courts
shall determine the amount for which each must respond.

Article 110. Several and subsidiary liability of principals,

accomplices and accessories of a felony; Preference in
payment. - Notwithstanding the provisions of the next
preceding article, the principals, accomplices, and
accessories, each within their respective class, shall be
liable severally (in solidum) among themselves for their
quotas, and subsidiaries for those of the other persons
liable.

The subsidiary liability shall be enforced, first against the

property of the principals; next, against that of the
accomplices, and, lastly, against that of the accessories.

Whenever the liability in solidum or the subsidiary liability

has been enforced, the person by whom payment has been
made shall have a right of action against the others for the
amount of their respective shares.

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