Review Notes on Book 1, Revised Penal Code
Criminal Law Reviewer (Art. 1-113) 3) Prospectivity - Acts or omissions will only be subject to a
Criminal Law – is that branch of public substantive law which
defines offenses and prescribes their penalties. It is also that branch
of municipal law, which defines crimes, treats of their nature and
provides for their punishment.
3 Characteristics of Criminal Law:
1) Generality - means that the criminal law of the country
governs all persons within the country regardless of their
race, belief, sex, or creed. However, it is subject to certain
exceptions brought about by international agreement.
Ambassadors, chiefs of states and other diplomatic officials
are immune from the application of penal laws when they
are in the country where they are assigned. (Hindi kasama
dito ang diplomats, etc.)
2) Territoriality - means that the penal laws of the country
have force and effect only within its territory. It cannot
penalize crimes committed outside the same. This is
subject to certain exceptions brought about by international
agreements and practice. The territory of the country is not
limited to the land where its sovereignty resides but
includes also its maritime and interior waters as well as its
atmosphere. (kasama lahat dito!)
- Terrestrial: jurisdiction exercised over the land
- Fluvial: jurisdiction over maritime and interior
waters (3-5 nautical miles from the shore, sakop pa
rin natin)
- Aerial: jurisdiction over the atmosphere (airspace
natin)
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penal law if they are committed after a penal law had
already taken effect. Vice-versa, this act or omission which
has been committed before the effectivity of a penal law
could not be penalized by such penal law because penal
laws operate only prospectively.
French Rule
The French Rule provides that the nationality of the vessel follows
the flag which the vessel flies, unless the crime committed
endangers the national security of a foreign country where the
vessel is within jurisdiction in which case such foreign country will
never lose jurisdiction over such vessel.
American Rule / Anglo-Saxon Rule
This rule strictly enforces the territoriality of criminal law. The law
of the foreign country where a foreign vessel is within its jurisdiction
is strictly applied, except if the crime affects only the internal
management of the vessel in which case it is subject to the penal
law of the country where it is registered.
°Nullum crimen, nulla poena sine lege” – There is no crime when
there is no law punishing the same.
- This is true to civil law countries, but not to
common law countries.
- No matter how wrongful, evil or bad the act is, if
there is no law defining the act, the same is not
considered a crime.
- Common law crimes are wrongful acts which the
community/society condemns as contemptible,
even though there is no law declaring the act
criminal.
Review Notes on Book 1, Revised Penal Code
- Not any law punishing an act or omission may be
valid as a criminal law. If the law punishing an act is
ambiguous, it is null and void.
“Actus non facit reum, nisi mens sit rea” – The act cannot be
criminal where the mind is not criminal.
- This is true to a felony characterized by dolo, but
not a felony resulting from culpa.
- This maxim is not an absolute one because it is not
applied to culpable felonies, or those that result
from negligence.
“Mens Rea” – in layman’s terms: “bulls-eye” of a crime.
Synonymous with criminal or deliberate intent, but that is not
correct. It still depends on the elements of the crime. You can only
detect the mens rea of a crime by knowing the particular crime
committed. Without reference to a particular crime, this term is
meaningless.
Ex. In theft, mens rea is taking the property with intent to gain. In
falsification, mens rea, is the effect of the forgery with intent to
pervert the truth.
Mala in se:
- Which literally means, that the act is inherently evil
or bad or per se wrongful.
- These are punishable by our RPC.
- The intent is crucial.
Mala prohibita(um):
- These are violations of special laws.
- Example is possession of drugs (punishable by
Special Laws), ito yung kahit hindi mo gagamitin or
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ibebenta, the mere fact na nasa pagmamay-ari mo
ito, bawal pa rin!
Felony: these are acts or omissions as defined by Article 3 of the
RPC. They may be differentiated by dolo (deceit) which is
intentional, and culpa (fault) which is imprudence, negligence, lack
of skill or foresight.
Offense: are crimes punished under a special law is called as
statutory offense.
Misdemeanor: a minor infraction of the law, such as a violation of
an ordinance, is referred to as a misdemeanor.
Crime: whether the wrongdoing is punished under the Revised
Penal Code or under a special law, the generic word crime can be
used.
Mistake of Fact:
When the offender acted out of a mistake of fact, criminal intent is
negated, so do not presume that the act was done with criminal
intent. This is absolutory if crime involved dolo.
Dolo has three requisites:
1) Criminal Intent
2) Freedom of action
3) Intelligence
Culpa has three requisites as well:
Review Notes on Book 1, Revised Penal Code
1) criminal negligence on the part of the offender , that is, the
crime was the result of negligence, reckless imprudence,
lack of foresight or lack of skill;
2) freedom of action on the part of the offender, that is, he
was not acting under duress; and
3) Intelligence on the part of the offender in performing the
negligent act.
Distinction between Dolo and Culpa:
Dolo, has criminal intent, and culpa has criminal negligence.
Criminal Intent has 2 categories:
1) General Criminal Intent: presumed from the mere doing of
a wrong act. This does not require proof.
2) Special Criminal Intent: not presumed because it is an
ingredient or element of a crime, like intent to kill in the
crimes of attempted or frustrated homicide /parricide
/murder. The prosecution has the burden of proving the
same.
May a crime be committed without criminal intent?
Yes. It is not necessary between these areas:
1) When the crime was committed was a product of culpa or
negligence, reckless imprudence, lack of foresight or skill;
2) When the crime is a prohibited act under a special law or
what is called mala prohibita(um)
Distinction between intent and discernment:
Intent is the determination to do a certain thing, an aim or purpose
of the mind. On the other hand, discernment is the mental capacity
to tell right from wrong.
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Distinction between intent and motive:
Intent is demonstrated by the use of a particular means to bring
about a desired result – it is not a state of mind or a reason for
committing a crime. On the other hand, motive implies motion. It is
the moving power which impels one to do an act.
Distinction between negligence and imprudence:
(1) In negligence, there is deficiency of action;
(2) In imprudence, there is deficiency of
perception.
Criminal Liability:
This shall be incurred upon the person on the act of a crime
(gumawa ng krimen), whether:
Error in personae – mistake in identity (wrong person) Ex. A wanted
to kill B, but kill C instead, this is considered as mistake in identity.
Abberatio ictus – mistake in blow (wrong shot; bullet went the other
way etc.) Ex. A shot B, but instead, the bullet ricocheted (bounced
off) from the wall and hit C. (best example from CSI: Las Vegas
where a guy in avoiding an incoming blow and someone got hit
instead and that fellow died of injuries to the head hours later.)
Praeter intentionem – where the consequence exceeded the
intention. Ex. A dropped a pail of water on B’s head, his intention
was just a joke and getting B wet. But instead of getting wet, B died
due to hemorrhage to the skull suffered from the injuries. (another
best example in CSI: New York, where a sorority member inserted a
canister on an inhaler of a “sister sorority” to set the mood (the said
canister was said to heighten sexual appetite) not knowing of her
previous condition (which was asthma) which collided and thus
killing her instead of setting mood, she died of orgasm.)
Review Notes on Book 1, Revised Penal Code
Proximate cause:
Article 4, Paragraph 1, presupposes that the act done was a
proximate cause. It must be:
1) Direct
2) Natural
3) Logical consequence of the felonious act
Impossible Crime:
Is an act which would be an offense against person or property
were it not for the inherent impossibility of its accomplishment or
on account of the employment of inadequate or ineffectual means.
Ex. A houseboy on the intention of raping his beautiful master went
upstairs unlocked the door and proceeded to rape her without
knowing that she was dead to begin with. An impossible crime was
committed.
Article 4, Paragraph 1 – this refers to the wrongful act done
constituted a felony, although it might be different from what he
intended. Ex. In saving D’s life from imminent danger of being hit by
an oncoming truck, A yanked him out and set him aside. Not
realizing that there were snakes or spikes where he shoved him thus
resulting in his death.
Article 4, Paragraph 2 – this refers to a situation where the
wrongful act did not constitute any felony, but because the act
would have given rise to a crime against persons or against
property, the same is penalized to repress criminal tendencies to
curtail their frequency.
Article 5 of the RPC covers two (2) instances:
1) The court cannot convict the accused because the acts do
not constitute a crime. The proper judgment is acquittal,
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but the court is mandated to report to the Chief Executive
that said act be made subject of penal legislation and why.
Ex. There is no crime committed, thus resulting in the
person’s freedom/acquittal. (best example from CSI: Miami,
when a guy was convicted of shooting a man, but since
there was no GSR (gunshot residue) found on him, evidence
showed otherwise, thus acquitting him.)
2) Where the court finds the penalty prescribed for the crime
too harsh considering the conditions surrounding the
commission of the crime, the judge should impose the law.
The most that he could do is to recommend to the Chief
Executive to grant executive clemency. Ex. In the case of
complex crimes, although the punishment be given be the
highest level of punishment, they recommend to the
President that the prisoner be granted pardon or clemency
(best example when Michael Scofield’s brother Linc was
pardoned by the President)
Stages in committing a felony:
As emphasized on Article 6, the following are the stages:
1) Attempted – the crime was commenced first, but only
injuries were sustained.
2) Frustrated – the crime that happened was in progress to
75% of the event, believing that the victim was already
dead, the killer fled the scene not knowing that the victim
still had a pulse and survived because the victim was
brought to the hospital where he was saved.
3) Consummated – total death for the victim killed or
murdered.
Review Notes on Book 1, Revised Penal Code

 Note that there is no frustrated rape only consummated, no
matter how the penetration happened, it was still
consummated.
 There is no frustrated robbery, only desistance, meaning
the person about to rob the store was overcome by guilt
and changed his mind later.
 There is no frustrated or attempted oral defamation, it is
always in the consummated stage.
Whether the felony is attempted, frustrated or consummated, here
are the following criteria involved:
1) The manner of committing the crime;
2) The elements of the crime; and
3) The nature of the crime itself
Manner of committing a crime
Ex. Bribery. Can the crime of frustrated bribery be committed? No.

Formal Crimes – are crimes which are consummated in one
instance.
The difference between attempted and frustrated stage lies on
whether the offender has performed all the acts or execution for
the accomplishment of the crime.
Literally, under the article 6, if the offender has performed all the
acts of execution which should produce the felony as a
consequence but the felony was not realized, then the crime is
already in the frustrated stage. If the offender has not yet
performed all the acts of execution – there is yet something to be
performed – but he was not able to perform all the acts of
execution due to some cause or accident other than his own
spontaneous desistance, then you have an attempted felony.
It usually takes 2 to tango. Meaning there is a principal and an
accomplice. And 2 people to take part in the crime. As mentioned
earlier there is no such thing as frustrated rape. In rape, it requires
the connection of the offender and the offended party. No
penetration at all, there is only an attempted stage. Slightest
penetration or slightest connection, consummated. You will notice
this from the nature of the crime requiring two participants.
On physical injuries
In order that in law, a deformity can be said to exist, three factors
must concur:
(1) The injury should bring about the ugliness;
(2) The ugliness must be visible;

Desistance: (3) The ugliness would not disappear through natural healing
On the part of the offender negates criminal liability in the process.
attempted stage. Desistance is true only in the attempted stage of
the felony. If under the definition of the felony, the act done is Elements of a crime:
already in the frustrated stage, no amount of desistance will negate 1) Element of intent to damage
criminal liability. 2) The damage inflicted
3) Intent to gain

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Review Notes on Book 1, Revised Penal Code
Nature of crime:
1) Grave
2) Light
Conspiracy and proposal to commit felony
For conspiracy to exist:
1) There is an agreement
2) The participants acted in concert or simultaneously which is
indicative of a meeting of the minds towards a common
criminal goal or criminal objective. When several offenders
act in a synchronized, coordinated manner, the fact that
their acts complimented each other is indicative of the
meeting of the minds. There is an implied agreement.
Two (2) kinds of conspiracy:
1) Conspiracy as a crime – more of national security (like coup
d’etat)
2) Conspiracy as a manner of incurring criminal liability –
following an attack, the 2 offenders conspired to get back at
the person who attacked them thus resulting in his death.
Proposal to commit murder is not a crime. But if you accept the
proposal, there will be conspiracy to commit murder which is a
crime under the Revised Penal Code.
When the conspiracy is only a basis of incurring criminal liability,
there must be an overt act done before the co-conspirators become
criminally liable. When the conspiracy itself is a crime, this cannot
be inferred or deduced because there is no overt act. All that there
is the agreement; on the other hand, if the co-conspirator or any of
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them would execute an overt act, the crime would no longer be the
conspiracy but the overt act itself.
Composite crimes – are crimes which, in substance, consist of more
than one crime but in the eyes of the law, there is only one crime.
Ex. Crimes with robbery with rape, robbery with homicide, robbery
with physical injuries.
Complex crimes – are crimes which in sum, consist of a mixture of
two crimes, but the penalty that will be imposed shall be the one
with the graver offense.
Classifications of felonies:
1) According to the manner of their commission. Under Article
3, they are classified as, intentional felonies or those
committed with deliberate intent; and culpable felonies or
those resulting from negligence, reckless imprudence, lack
of foresight or lack of skill.
2) According to the stages of their execution. Under Article 6.,
felonies are classified as attempted felony when the
offender commences the commission of a felony directly by
overt acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance;
frustrated felony when the offender commences the
commission of a felony as a consequence but which would
produce the felony as a consequence but which
nevertheless do not produce the felony by reason of causes
independent of the perpetrator; and, consummated felony
when all the elements necessary for its execution are
present.
Review Notes on Book 1, Revised Penal Code
3) According to their gravity. Under Article 9, felonies are
classified as grave felonies or those to which attaches the
capital punishment or penalties which in any of their
periods are afflictive; less grave felonies or those to which
the law punishes with penalties which in their maximum
period was correccional; and light felonies or those
infractions of law for the commission of which the penalty is
arresto menor.
There are five (5) circumstances affecting criminal liability:
1) Justifying circumstances
2) Exempting circumstances
3) Mitigating Circumstances
4) Aggravating Circumstances
5) Alternative Circumstances
There are 2 others found elsewhere in the provision of the RPC:
1) Absolutory cause
2) Extenuating circumstances
Absolutory cause: The effect of this is to absolve the offender from
criminal liability, although not from civil liability. It has the same
effect as an exempting circumstance, but you do not call it as such
in order not to confuse it with the circumstances under Article 12. It
has the effect of an exempting circumstance and they are
predicated on lack of voluntariness like instigation. Instigation is
associated with criminal intent.
Difference between instigation and entrapment
In instigation, the criminal plan or design exists in the mind of the
law enforcer with whom the person instigated cooperated so it is
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said that the person instigated is acting only as a mere instrument
or tool of the law enforcer in the performance of his duties.
On the other hand, in entrapment, a criminal design is already in the
mind of the person entrapped. It did not emanate from the mind of
the law enforcer entrapping him. Entrapment involves only ways
and means which are laid down or resorted to facilitate the
apprehension of the culprit.
Extenuating circumstance
The effect of this is to mitigate the criminal liability of the offender.
In other words, this has the same effect as mitigating circumstances,
only you do not call it mitigating because this is not found in Article
13.
Distinction between Justifying and Exempting Circumstances:
Justifying Circumstances:
1) The circumstance affects the act, not the actor;
2) The act complained of is considered to have been done
within the bounds of law; hence, it is legitimate and lawful
in the eyes of the law;
3) Since the act is considered lawful, there is no crime, and
because there is no crime, there is no criminal;
4) Since there is no crime or criminal, there is no criminal
liability as well as civil liability
Exempting Circumstances:
1) The circumstances affect the actor, not the act;
2) The act complained of is actually wrongful, but the actor
acted without voluntariness. He is a mere tool or
instrument of the crime;
Review Notes on Book 1, Revised Penal Code
3) Since the act complained of is actually wrongful, there is a
crime. But because the actor acted without voluntariness,
there is absence of dolo or culpa. There is no criminal;
4) Since there is a crime committed but there is no criminal,
there is civil liability for the wrong done. But there is no
criminal liability. However, in paragraphs 4 and 7 of Article
12, there is neither criminal nor civil liability.
Justifying Circumstances:
Since the justifying circumstances are in the nature of defensive
acts, there must be always unlawful aggression. The
reasonableness of the means employed depends on the gravity of
the aggression. If the unlawful aggressor was killed, this can only be
justified if it was done to save the life of the person defending or
the person being defended. The equation is “life was taken to save
life.”
Self defense:
It is the element of unlawful aggression that is in issue. Never
confuse unlawful aggression with provocation. Mere provocation is
not enough.
Defense of property rights
This can only be invoked if the life and limb of the person making
the defense is also the subject of unlawful aggression. Life cannot
be equal to property.
Defense of stranger
If the person being defended is already a second cousin, you do not
invoke defense of relative anymore. It will be defense of stranger.
This is vital because if the person making the defense acted out or
revenge, resentment or some evil motive in killing the aggressor, he
cannot invoke the justifying circumstance if the relative defended is
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already a stranger in the eyes of the law. On the other hand, if the
relative defended is still within the coverage of defense of relative,
even though he acted out of some evil motive, it would still apply. It
is enough that there was unlawful aggression against the relative
defended, and that the person defending did not contribute to the
unlawful aggression.
Incomplete self-defense or incomplete justifying circumstance or
incomplete exempting circumstances
When you say incomplete justifying circumstance, it means that not
all the requisites to justify the act are present or not the requisites
to exempt from criminal liability are present.
First, to have incomplete self-defense, the offended party must be
guilty of unlawful aggression. Without this, there can be no
incomplete self-defense, defense of relative, or defense of stranger.
Second, if only the element of unlawful aggression is present, the
other requisites being absent, the offender shall be given only the
benefit of an ordinary mitigating circumstance.
Third, if aside from the element of unlawful aggression another
requisite, but not all, are present, the offender shall be given the
benefit of a privileged mitigating circumstance. In such a case, the
imposable penalty shall be reduced by one or two degrees
depending upon how the court regards the importance of the
requisites present. Or absent.
State of necessity – this is the commission of a crime to avoid an
imminent and clear present danger.
Review Notes on Book 1, Revised Penal Code
Fulfillment of duty – this is the commission of the crime in line of
duty, and there are 2 conditions:
1) The felony was committed while the offender was in the
fulfillment of a duty or in the lawful exercise of a right or
office; and
2) The resulting felony is the unavoidable consequence of the
due fulfillment of the duty or the lawful exercise of the right
or office
Exempting Circumstances:
The reason for the exemption lies on the involuntariness of the act –
one or some of the ingredients of voluntariness such as criminal
intent, intelligence, or freedom of action on the part of the offender
is missing.
This includes:
1) Imbecility and insanity – take note on the grounds of
insanity the accused acted with complete deprivation of
intelligence in committing the crime and test of volition,
whether the accused acted in total deprivation of freedom
of will.
2) Minority
“Damnum absque injuria” – the offender is exempt from criminal
liability but of civil liability as well.
Mitigating Circumstances:
These are accompanying or accessory condition, event, or fact that
(though not constituting a justification or excuse of an offense) may
be considered by the courts as reducing the degree of culpability or
liability of the accused. Such circumstances may include family or
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personal situations, and may help in attracting a sentence less
severe than a typical sentence for similar offenses.
There are two distinctions: ordinary and privileged.
1) As to the nature of the circumstances, ordinary mitigating
circumstance can be offset by aggravating circumstances,
while privileged can never be offset.
2) As to effect, ordinary, if not offset will operate to reduce
the penalty to a minimum period, provided the penalty is a
divisible one (negotiable. Meaning if you hear the words of
an officer Man 1, but because of the offender’s confession
and divulging of other vital information, Man 1 with
reduced sentence of up to 5 years with probation). With
privileged, it operates to reduce the penalty by one or two
degree, depending on what the law provides.
Sufficient threat or provocation:
This is mitigating only if the crime was committed on the very
person who made the threat or provocation. The common set-up
given in a bar problem is that of provocation was given by
somebody. The person provoked cannot retaliate against him; thus,
the person provoked retaliated on a younger brother or on an elder
father. Although in fact, there is sufficient provocation, it is not
mitigating because the one who gives the provocation is not the
one against whom the crime was committed.
Diminished self control has two criteria:
1) Time has lapsed after the provocation was initially given (ex.
A guy was insulted at this moment, and retaliated back after
24 hours. Giving him enough time to think of his actions)
2) If there is that time element and at the same time, facts are
given indicating that at the time the offender committed
Review Notes on Book 1, Revised Penal Code
the crime, he is still suffering from outrage of the threat or
provocation done to him, then he will still get the benefit of
this mitigating circumstance.
Vindication of a grave offense, the vindication need not be done by
the person upon whom the grave offense was committed.
Passion or obfuscation – this stands on the premise or proposition
that the offender is suffering from a diminished self-control because
of passion or obfuscation. Passion must be legitimate.
This occurs when an assault on spouse or loved one is prominent,
and because of a jealous outbreak you end up killing the person
assaulting your spouse or loved-one.
Physical defect is another mitigating circumstance. Regardless of
any physical defect a person may still commit a crime as the other
parts of the body are fully functioning and could still commence the
crime. Blind, and invalid are not exempted. Some parts of their body
are still working.
Aggravating Circumstances:
Circumstances that increase the seriousness or outrageousness of a
given crime, and that in turn increase the wrongdoer's penalty or
punishment.
These are the kinds of aggravating circumstances:
1) Generic or those that can generally apply to all crime;
2) Specific or those that apply only to a particular crime
3) Qualifying or those that change that change the nature of
the crime
4) Inherent or those that must of necessity accompany the
commission of the crime
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Distinctions between Aggravating and Qualifying circumstances
In aggravating:
1) The circumstance could be offset by a mitigating
circumstance,
2) No need to allege this circumstance in the information, as
long as it is proven during trial. If it is proved during trial,
the court would consider the same in imposing the penalty;
3) It is not an ingredient of a crime. It only affects the penalty
to be imposed but the crime remains the same
In qualifying circumstances:
1) The circumstance affects the nature of the crime itself such
that the offender shall be liable for a more serious crime.
The circumstance is actually an ingredient of the crime
2) Being an ingredient of the crime, it cannot be offset by any
mitigating circumstance
3) Qualifying circumstances to be appreciated as such must be
specifically alleged in the complaint or information. If not
alleged but proven during the trial, it will be considered only
as generic aggravating circumstance. If this happens, they
are susceptible of being offset by a mitigating circumstance
Aggravating circumstances includes:
1) Taking advantage of public position – this means you use
public office as a medium to commence a crime thinking
that you wouldn’t be convicted (well guess again!)
2) Disrespect due to age, rank and sex –this refers to old,
young and for the sex, it’s the female
3) Abuse of confidence – this is not mere betrayal of trust just
because in example you left your daughter in the trust of a
Review Notes on Book 1, Revised Penal Code
neighbor and your neighbor rapes your daughter. That is
not aggravating, what is aggravating if it was done to you.
4) Dwelling – this refers to house, regardless if its yours or not!
5) Band – obviously this refers to more than 3 people! It would
be bad enough as it is if one person kills you, but a group?
(hello! Common sense!)
6) Uninhabited place – this refers to an area far away from
civilization, if this is you, it would be so unfair as the
criminal intends that you won’t be saved, this is considered
as aggravating.
7) Nighttime – you are rendered defenseless at this point in
moment in time. You are sleeping, so killing you while
sleeping aggravates the whole thing!
8) Treachery – violation of allegiance or faith. You create this
once your allegiance/loyalty to someone is destroyed.
9) Evident premeditation – it means you planned this all
along!!!
10) Breaking and entering is included as well!
11) If you ask the aid of people below 15 years of age, the crime
gets aggravated! (best example CSI: Miami, when an
offender asked the aid of Horatio’s son Kyle who at the time
of the offense was 15, ranking him as a juvenile)
12) Craft, disguise or fraud be used in committing a crime.
13) If you create an explosion, poison, stranding a vessel, fire,
(all man-made accidents) these also aggravate the situation.
If you use these examples to hide your crime, then you’re
facing jail time for a lifetime.
14) If you accepted a bribe, reward or price in exchange for a
commencement of a crime, well consider these things
aggravating.
15) Another aggravating circumstances, you kill someone and
being a show-off, you exposed the person, not only dead,
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but naked as well and hung him on a tree, this is ignominy.
Kumbaga sa dead, double-dead na ito!
16) If you use your size to get your way and in the end resulting
in death, then this is also considered as aggravating.
17) During natural causes of accidents like earthquake or
epidemic and you used it as a cover for your crime, this is
also aggravating. (Best example of this, CSI: Miami, a
robbery took place during a tsunami event. The robbers
used a geologist to cover for them. Talk about good
research! But regardless, it’s still aggravating circumstances)
18) If you commit a crime in the executive palace, regardless of
the existence of the president or not, the grounds are still
aggravating. Especially if you shoot a gun inside a church!
19) If you insult a public officer, that is also an aggravating
circumstance.
20) If you also asked the help of armed men, it also aggravates
the case.
Recidivism – the offender at the time of the trial shall have been
previously convicted by final judgment of another in the same title
of the RPC. Ex. A guy committed murder last 2 months ago, and now
he is being convicted of homicide.
Reiteration – the offender has been punished for an offense which
the law attaches an equal greater penalty for two or more crimes to
which it attaches a lighter penalty. This time, separate titles are
applicable. Ex. Robbery with rape is a good example.
Habitual delinquency – the offender within a 10-year period from
the date of release or conviction of the crimes: robbery, estafa,
murder, the third time.
Review Notes on Book 1, Revised Penal Code

Alternative Circumstance: 2) Reclusion temporal

These offenses are against your family (relationship) 3) Perpetual or temporary disqualification
These offenses also cover the part when you’re drunk (so stop 4) Perpetual or special disqualification
drinking!) 5) Prision mayor
It doesn’t care if you’ve finished a college degree or a simple 1st
grader. Everyone has a tendency to become a murderer. Correctional penalties:
The following are Criminally Liable for Grave felonies: 1) Prision correccional
1) Principals – main doers of the crime 2) Arresto mayor
2) Accomplices – the one who helped in the execution 3) Suspension
3) Accessories – one may not be there during the crime, but 4) Destierro
after you help hide the evidence (obstruction of justice ito)
Light penalties
The following are Criminally Liable for Light felonies: 1) Arresto menor
1) Principals 2) Public censure
2) Accomplices
Penalties common to the three preceding classes:
1) Fine and
Grave felonies: 2) Bond to keep the peace.
These felonies are punishable by the highest possible punishment:
lifetime imprisonment or 6-30 years. Examples are rape, murder, Art. 21. Penalties that may be imposed. — No felony shall be
robbery, treason. punishable by any penalty not prescribed by law prior to its
commission.
Light felonies:
These felonies, are punishable by lightest punishments: arresto : Meaning, you cannot punish anyone with any penalty if he or she
menor, bail. These are commenced due to infractions and did not commit any crime, thus the legal maxim: “Nullum crimen,
misdemeanors. nulla poena sine lege” - There is no crime when there is no law
punishing the same.
Accessories who are exempt from Criminal Liability are your Ex: A man was convicted of murder, but his alibi and evidence
relatives, siblings, spouses. showed otherwise. Should the man be convicted of murder or not?

Punishments given for Grave Felonies: A: No, he shouldn’t be.

1) Reclusion perpetua

12
Review Notes on Book 1, Revised Penal Code
There was no felony committed, therefore, no penalty is prescribed
by law punishing it, thus the legal maxim: Nullum crimen, nulla
poena sine lege – there is no crime when there is no law punishing
the same.
In the case given, although the man was convicted of murder, the
evidence and alibi does not tie him to the crime.
Thus eliminating him of any liability for there was no crime
committed.
Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a
retroactive effect insofar as they favor the persons guilty of a
felony, who is not a habitual criminal, as this term is defined in
Rule 5 of Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced and
the convict is serving the same.
: With relation to Art. 4 of the Civil Code: “Laws shall have no
retroactive effect unless otherwise provided,” meaning, laws are
usually prospective. They never look back. Say for example, a man
committed a crime of murder, if he was sentenced for the penalty
of the death sentence, and since it was abolished, it will no longer
follow. Should it be implemented back, he is no longer covered by
such punishment.
Art. 23. Effect of pardon by the offended party. — A pardon of the
offended party does not extinguish criminal action except as
provided in Article 344 of this Code; but civil liability with regard
to the interest of the injured party is extinguished by his express
waiver.
13
: This is in connection to the pardoning of the President to the
accused. Usually in the case of rape, unless the person is forgiven by
the victim, then the offender is not pardoned. The difference
between amnesty and pardon lies between the erasure of the
conviction and the crime itself. Pardon, excuses the convict from
serving the sentence.
Ex: Suppose, instead of amnesty, what was given was absolute
pardon, then years later, the offender was again captured and
charged for rebellion, he was convicted, is he a recidivist?
A: Yes, he is.
Pardon, although absolute, does not erase the effects of conviction.
It only excuses the accused from serving his sentence.
In the case at bar, the accused was awarded or given pardon, not
amnesty, which erases not only the conviction but also the crime
itself. He then commits a crime of rebellion, thereby making him a
recidivist.
Art. 24. Measures of prevention or safety which are not considered
penalties. — The following shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as well
as their detention by reason of insanity or imbecility, or illness
requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions
mentioned in Article 80 and for the purposes specified therein.
3. Suspension from the employment of public office during the
trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of
their administrative disciplinary powers, superior officials may
impose upon their subordinates.
Review Notes on Book 1, Revised Penal Code
5. Deprivation of rights and the reparations which the civil laws
may establish in penal form.
: The abovementioned are not penalties for a crime. Rather they are
just part of due process given to an accused.
Art. 25. Penalties which may be imposed. – The penalties which
may be imposed according to this Code, and their different classes,
are those included in the following:
Capital punishment: Death
Afflictive penalties: Reclusion perpetua, Reclusion temporal,
Perpetual or temporary absolute disqualification, Perpetual or
temporary special disqualification, Prision mayor.
Correctional penalties: Prision correccional, Arresto mayor,
Suspension, Destierro.
Penalties common to the three preceding classes: Fine, and Bond
to keep the peace.
Accessory Penalties:
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for,
the profession or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and proceeds of the
offense
Payment of costs
: The abovementioned are penalties imposed on the criminal
offenses being committed by offenders.
14
Art. 26. When afflictive, correctional, or light penalty. — A fine,
whether imposed as a single of as an alternative penalty, shall be
considered an afflictive penalty, if it exceeds 6,000 pesos; a
correctional penalty, if it does not exceed 6,000 pesos but is not
less than 200 pesos; and a light penalty if it less than 200 pesos.
: This means you could just pay for bail, if what you committed did
not meet the penalties mentioned in the preceding article.
Art. 27. Reclusion perpetua. – Any person sentence to any of the
perpetual penalties shall be pardoned after undergoing the
penalty for thirty years, unless such person by reason of his
conduct or some other serious cause shall be considered by the
Chief Executive as unworthy of pardon. (20 years and 1 day to 40
years)
Reclusion temporal. – The penalty of reclusion temporal shall be
from twelve years and one day to twenty years.
Prision mayor and temporary disqualification. – The duration of
the penalties of prision mayor and temporary disqualification shall
be from six years and one day to twelve years, except when the
penalty of disqualification is imposed as an accessory penalty, in
which case its duration shall be that of the principal penalty.
Prision correccional, suspension, and destierro. — The duration of
the penalties of prision correccional, suspension and destierro
shall be from six months and one day to six years, except when
suspension is imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.
Review Notes on Book 1, Revised Penal Code
Arresto mayor. — The duration of the penalty of arresto mayor
shall be from one month and one day to six months.
Arresto menor. — The duration of the penalty of arresto menor
shall be from one day to thirty days.
Bond to keep the peace. — The bond to keep the peace shall be
required to cover such period of time as the court may determine.
: The abovementioned penalties are to be given on offenders when
they have committed a crime, depending on the lightness and
gravity of the crime committed. The gravest being Reclusion
perpetua since the Death sentence has been abolished. And bond to
keep peace as the lightest.
Art. 28. Computation of penalties. — If the offender shall be in
prison, the term of the duration of the temporary penalties shall
be computed from the day on which the judgment of conviction
shall have become final.
If the offender be not in prison, the term of the duration of the
penalty consisting of deprivation of liberty shall be computed from
the day that the offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The duration of the
other penalties shall be computed only from the day on which the
defendant commences to serve his sentence.
: This refers to the duration of the sentence.
Ex: True or false, a man was convicted of Reclusion temporal after
committing a crime of homicide should be serving a sentence of
twenty years and one day to forty years?
A: False.
15
The Revised Penal Code provides that Reclusion temporal is
supposed to be served twelve years and one day to twenty years.
In the case at bar, the man committed homicide and was punished
with Reclusion temporal. The years that was mention in the
prescription was for Reclusion perpetua.
Art. 29. Period of preventive imprisonment deducted from term of
imprisonment. — Offenders who have undergone preventive
imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during which
they have undergone preventive imprisonment if the detention
prisoner agrees voluntarily in writing after being informed of the
effects thereof and with the assistance of counsel to abide by the
same disciplinary rules imposed upon convicted prisoners, except
in the following cases:
1. When they are recidivists or have been convicted previously
twice or more times of any crime; and
2. When upon being summoned for the execution of their
sentence they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall do in
writing with the assistance of counsel and shall be credited in the
service of his sentence with four-fifths of the time during which he
has undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion
perpetua shall be deducted from thirty (30)years.
Whenever an accused has undergone preventive imprisonment for
a period equal to or more than the possible maximum
imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released
Review Notes on Book 1, Revised Penal Code
immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review.
Computation of sentence for purpose of immediate release under
this paragraph shall be the actual period of detention with good
conduct time allowance: Provided however that if the accused is
absent without justifiable cause at any state of trial the court may
motu proprio order the rearrest of the accused: Provided finally,
that a recidivists, habitual delinquents, escapees and other
persons charged of heinous crime are excluded from the coverage
of this act. In case the maximum penalty to which the accused may
be sentenced is destierro, he shall be released after thirty (30)
days of preventive imprisonment.
: This is in reference to offenders who have served their sentences
to prevent them from committing another crime.
Art. 30. Effects of the penalties of perpetual or temporary absolute
disqualification. — The penalties of perpetual or temporary
absolute disqualification for public office shall produce the
following effects:
1. The deprivation of the public offices and employments which
the offender may have held even if conferred by popular election.
2. The deprivation of the right to vote in any election for any
popular office or to be elected to such office.
3. The disqualification for the offices or public employments and
for the exercise of any of the rights mentioned. In case of
temporary disqualification, such disqualification as is comprised in
paragraphs 2 and 3 of this article shall last during the term of the
sentence.
4. The loss of all rights to retirement pay or other pension for any
office formerly held.
16
: This is in line with the sentence: Public office is a public trust.
Ex: A public officer committed a crime of rape with murder. His final
judgment was perpetual or temporary absolute disqualification. Do
you agree with the judgment or not?
A: Yes, I agree with the judgment.
Public office is a public trust. And if a public officer commenced such
crime, he is not fit to be trusted and must be stripped of his duties
and obligations to the public.
In the given case at bar, the public officer committed rape with
murder, therefore, he cannot be trusted and must be stripped of his
office, duties and obligations as a public officer, as public office is a
public trust.
Art. 31. Effect of the penalties of perpetual or temporary special
disqualification. — The penalties of perpetual or temporal special
disqualification for public office, profession or calling shall produce
the following effects:
1. The deprivation of the office, employment, profession or calling
affected;
2. The disqualification for holding similar offices or employments
either perpetually or during the term of the sentence according to
the extent of such disqualification.
: People in office who had committed a crime shall be deprived of
their office. Like in royalty for example, if the king commits a crime,
he is forced to abdicate and thereby stripped of his title and office.
Art. 32. Effect of the penalties of perpetual or temporary special
disqualification for the exercise of the right of suffrage. — The
Review Notes on Book 1, Revised Penal Code
perpetual or temporary special disqualification for the exercise of
the right of suffrage shall deprive the offender perpetually or
during the term of the sentence, according to the nature of said
penalty, of the right to vote in any popular election for any public
office or to be elected to such office. Moreover, the offender shall
not be permitted to hold any public office during the period of his
disqualification.
: Again with connection to public office is a public trust, the
offender may not hold any office during his term of sentence. They
will be deprived the right to vote in any popular election for any
public office.
Art. 33. Effects of the penalties of suspension from any public
office, profession or calling, or the right of suffrage. — The
suspension from public office, profession or calling, and the
exercise of the right of suffrage shall disqualify the offender from
holding such office or exercising such profession or calling or right
of suffrage during the term of the sentence.
The person suspended from holding public office shall not hold
another having similar functions during the period of his
suspension.
: In connection with the holding of public office, one may be
suspended from holding public office and shall not hold another
having similar functions during the period of his suspension.
Art. 34. Civil interdiction. — Civil interdiction shall deprive the
offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage his property
17
and of the right to dispose of such property by any act or any
conveyance inter vivos.
: During the term of sentence, one who is convicted is stripped of
rights to parental authority, guardianship, marital authority and
right to manage his property.
Art. 35. Effects of bond to keep the peace. — It shall be the duty of
any person sentenced to give bond to keep the peace, to present
two sufficient sureties who shall undertake that such person will
not commit the offense sought to be prevented, and that in case
such offense be committed they will pay the amount determined
by the court in the judgment, or otherwise to deposit such amount
in the office of the clerk of the court to guarantee said
undertaking.
The court shall determine, according to its discretion, the period of
duration of the bond.
Should the person sentenced fail to give the bond as required he
shall be detained for a period which shall in no case exceed six
months, is he shall have been prosecuted for a grave or less grave
felony, and shall not exceed thirty days, if for a light felony.
: In connection to payment of any bail or bond, as to keep the peace
and sanctity of the place.
Art. 36. Pardon; its effect. — A pardon shall not work the
restoration of the right to hold public office, or the right of
suffrage, unless such rights be expressly restored by the terms of
the pardon.
A pardon shall in no case exempt the culprit from the payment of
the civil indemnity imposed upon him by the sentence.
Review Notes on Book 1, Revised Penal Code
: Pardon is differentiated from amnesty. As pardon excuses the
sentence but not the crime, and amnesty excuses both the sentence
and the crime.
Art. 37. Cost; What are included. — Costs shall include fees and
indemnities in the course of the judicial proceedings, whether they
be fixed or unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule.
: These are the fees included in paying the bail, or other form of
obligations you have when you are accused.
Art. 38. Pecuniary liabilities; Order of payment. — In case the
property of the offender should not be sufficient for the payment
of all his pecuniary liabilities, the same shall be met in the
following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
: When things are to be repaired, or when things are taken, its
either you pay back the equal amount in which the victim paid for it
or you find a way to repair it.
Art. 39. Subsidiary penalty. — If the convict has no property with
which to meet the fine mentioned in the paragraph 3 of the nest
preceding article, he shall be subject to a subsidiary personal
liability at the rate of one day for each eight pesos, subject to the
following rules:
1. If the principal penalty imposed be prision correccional or
arresto and fine, he shall remain under confinement until his fine
referred to in the preceding paragraph is satisfied, but his
18
subsidiary imprisonment shall not exceed one-third of the term of
the sentence, and in no case shall it continue for more than one
year, and no fraction or part of a day shall be counted against the
prisoner.
2. When the principal penalty imposed be only a fine, the
subsidiary imprisonment shall not exceed six months, if the culprit
shall have been prosecuted for a grave or less grave felony, and
shall not exceed fifteen days, if for a light felony.
3. When the principal imposed is higher than prision correccional,
no subsidiary imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by
confinement in a penal institution, but such penalty is of fixed
duration, the convict, during the period of time established in the
preceding rules, shall continue to suffer the same deprivations as
those of which the principal penalty consists.chan robles virtual
law library
5. The subsidiary personal liability which the convict may have
suffered by reason of his insolvency shall not relieve him, from the
fine in case his financial circumstances should improve.
: This is in case a person convicted cannot pay for the same, they
will follow the abovementioned guidelines with regard to payment.
Art. 40. Death; Its accessory penalties. — The death penalty, when
it is not executed by reason of commutation or pardon shall carry
with it that of perpetual absolute disqualification and that of civil
interdiction during thirty years following the date sentence, unless
such accessory penalties have been expressly remitted in the
pardon.
: This has been abolished, so, at some point no longer applicable.
Although it is still included in the RPC, it is respected as a resource.
Review Notes on Book 1, Revised Penal Code
Art. 41. Reclusion perpetua and reclusion temporal; Their accessory
penalties. — The penalties of reclusion perpetua and reclusion
temporal shall carry with them that of civil interdiction for life or
during the period of the sentence as the case may be, and that of
perpetual absolute disqualification which the offender shall suffer
even though pardoned as to the principal penalty, unless the same
shall have been expressly remitted in the pardon.
Art. 42. Prision mayor; Its accessory penalties. — The penalty of
prision mayor, shall carry with it that of temporary absolute
disqualification and that of perpetual special disqualification from
the right of suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon.
Art. 43. Prision correccional; Its accessory penalties. — The penalty
of prision correccional shall carry with it that of suspension from
public office, from the right to follow a profession or calling, and
that of perpetual special disqualification from the right of suffrage,
if the duration of said imprisonment shall exceed eighteen
months. The offender shall suffer the disqualification provided in
the article although pardoned as to the principal penalty, unless
the same shall have been expressly remitted in the pardon.
Art. 44. Arresto; Its accessory penalties. — The penalty of arresto
shall carry with it that of suspension of the right too hold office
and the right of suffrage during the term of the sentence.
Art. 45. Confiscation and forfeiture of the proceeds or instruments
of the crime. — Every penalty imposed for the commission of a
19
felony shall carry with it the forfeiture of the proceeds of the
crime and the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and
forfeited in favor of the Government, unless they be property of a
third person not liable for the offense, but those articles which are
not subject of lawful commerce shall be destroyed.
Art. 46. Penalty to be imposed upon principals in general. — The
penalty prescribed by law for the commission of a felony shall be
imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general
terms, it shall be understood as applicable to the consummated
felony.
: This means, all the crimes have been on the consummated stage.
Art. 47. In what cases the death penalty shall not be imposed. —
The death penalty shall be imposed in all cases in which it must be
imposed under existing laws, except in the following cases:
1. When the guilty person be more than seventy years of age.
2. When upon appeal or revision of the case by the Supreme court,
all the members thereof are not unanimous in their voting as to
the propriety of the imposition of the death penalty. For the
imposition of said penalty or for the confirmation of a judgment of
the inferior court imposing the death sentence, the Supreme Court
shall render its decision per curiam, which shall be signed by all
justices of said court, unless some member or members thereof
shall have been disqualified from taking part in the consideration
of the case, in which even the unanimous vote and signature of
only the remaining justices shall be required.
Review Notes on Book 1, Revised Penal Code
: Although the Death sentence is no longer commutable, this is to
be implemented once a person is convicted.
Art. 48. Penalty for complex crimes. — When a single act
constitutes two or more grave or less grave felonies, or when an
offense is a necessary means for committing the other, the penalty
for the most serious crime shall be imposed, the same to be
applied in its maximum period.
: This is when a single act, becomes a crime.
Ex: In the intention of keeping the peace, a police, fires a gun
towards a robber, but since the bullet did a projectile hitting
another bystander thereby killing two people. Was there a complex
crime committed?
A: Yes, there was.
Complex crime is defined as a single act that constitutes two or
more grave or less grave felonies.
In the given case at bar, the police in the intention of keeping the
peace, although he fired the gun at the robber, the bullet did a
projectile which hits a bystander, thus killing them both.
Thus, the police committed a complex crime.
Art. 49. Penalty to be imposed upon the principals when the crime
committed is different from that intended. — In cases in which the
felony committed is different from that which the offender
intended to commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher
than that corresponding to the offense which the accused
20
intended to commit, the penalty corresponding to the latter shall
be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower
than that corresponding to the one which the accused intended to
commit, the penalty for the former shall be imposed in its
maximum period.
3. The rule established by the next preceding paragraph shall not
be applicable if the acts committed by the guilty person shall also
constitute an attempt or frustration of another crime, if the law
prescribes a higher penalty for either of the latter offenses, in
which case the penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum period.
: This is to be imposed on the principal criminal regardless of
praeter intentionem (or the crime committed is different from what
was intended), the maximum is to be imposed.
Art. 50. Penalty to be imposed upon principals of a frustrated
crime. — The penalty next lower in degree than that prescribed by
law for the consummated felony shall be imposed upon the
principal in a frustrated felony.
: Referring to the graduated scale of penalties, the penalty to be
given in frustrated crime is the next lower in degree.
Ex: A crime of frustrated rape is committed. Rape is usually
punishable with Reclusion perpetua, but in the case of frustrated
rape the next lower degree punishment will be imposed which is
Reclusion temporal.
Art 51. Penalty to be imposed upon principals of attempted crimes.
— A penalty lower by two degrees than that prescribed by law for
Review Notes on Book 1, Revised Penal Code
the consummated felony shall be imposed upon the principals in
an attempt to commit a felony.
: This punishment say for example is to be imposed on attempted
rape, then two (2) degrees lower which is Prision mayor.
Art. 52. Penalty to be imposed upon accomplices in consummated
crime. — The penalty next lower in degree than that prescribed by
law for the consummated shall be imposed upon the accomplices
in the commission of a consummated felony.
Art. 53. Penalty to be imposed upon accessories to the commission
of a consummated felony. — The penalty lower by two degrees
than that prescribed by law for the consummated felony shall be
imposed upon the accessories to the commission of a
consummated felony.
Art. 54. Penalty to imposed upon accomplices in a frustrated
crime. — The penalty next lower in degree than prescribed by law
for the frustrated felony shall be imposed upon the accomplices in
the commission of a frustrated felony.
Art. 55. Penalty to be imposed upon accessories of a frustrated
crime. — The penalty lower by two degrees than that prescribed
by law for the frustrated felony shall be imposed upon the
accessories to the commission of a frustrated felony.
Art. 56. Penalty to be imposed upon accomplices in an attempted
crime. — The penalty next lower in degree than that prescribed by
law for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony.
21
Art. 57. Penalty to be imposed upon accessories of an attempted
crime. — The penalty lower by two degrees than that prescribed
by law for the attempted felony shall be imposed upon the
accessories to the attempt to commit a felony.
Art. 58. Additional penalty to be imposed upon certain accessories.
— Those accessories falling within the terms of paragraphs 3 of
Article 19 of this Code who should act with abuse of their public
functions, shall suffer the additional penalty of absolute perpetual
disqualification if the principal offender shall be guilty of a grave
felony, and that of absolute temporary disqualification if he shall
be guilty of a less grave felony.
Art. 59. Penalty to be imposed in case of failure to commit the
crime because the means employed or the aims sought are
impossible. — When the person intending to commit an offense
has already performed the acts for the execution of the same but
nevertheless the crime was not produced by reason of the fact
that the act intended was by its nature one of impossible
accomplishment or because the means employed by such person
are essentially inadequate to produce the result desired by him,
the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the
penalty of arresto mayor or a fine from 200 to 500 pesos.
: This is with connection to impossible crime, where the crime
committed and its way of commission is so impossible.
Ex: A brother, on the intent of killing his brother, bought a poison
for his brother’s food. But the pharmacist gave him cheese flavor
powder instead, which did not kill his brother. Was an impossible
crime committed or not?
Review Notes on Book 1, Revised Penal Code
A: Yes, there was an impossible crime committed.
An impossible crime is a commencement of a crime that the means
of committing it is so impossible that even with the intent of killing
the person did not affect the person instead.
In the case at bar, the brother with an intention on killing his
brother bought poison, but instead was given cheese powder
thereby not killing him.
Art. 60. Exception to the rules established in Articles 50 to 57. —
The provisions contained in Articles 50 to 57, inclusive, of this Code
shall not be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or accessories.
Art. 61. Rules for graduating penalties. — For the purpose of
graduating the penalties which, according to the provisions of
Articles 50 to 57, inclusive, of this Code, are to be imposed upon
persons guilty as principals of any frustrated or attempted felony,
or as accomplices or accessories, the following rules shall be
observed:
1. When the penalty prescribed for the felony is single and
indivisible, the penalty next lower in degrees shall be that
immediately following that indivisible penalty in the respective
graduated scale prescribed in Article 71 of this Code.
2. When the penalty prescribed for the crime is composed of two
indivisible penalties, or of one or more divisible penalties to be
impose to their full extent, the penalty next lower in degree shall
be that immediately following the lesser of the penalties
prescribed in the respective graduated scale.
22
3. When the penalty prescribed for the crime is composed of one
or two indivisible penalties and the maximum period of another
divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper
divisible penalty and the maximum periods of the proper divisible
penalty and the maximum period of that immediately following in
said respective graduated scale.
4. when the penalty prescribed for the crime is composed of
several periods, corresponding to different divisible penalties, the
penalty next lower in degree shall be composed of the period
immediately following the minimum prescribed and of the two
next following, which shall be taken from the penalty prescribed, if
possible; otherwise from the penalty immediately following in the
above mentioned respective graduated scale.
5. When the law prescribes a penalty for a crime in some manner
not especially provided for in the four preceding rules, the courts,
proceeding by analogy, shall impose corresponding penalties upon
those guilty as principals of the frustrated felony, or of attempt to
commit the same, and upon accomplices and accessories.
: This is in connection to the penalties once the scale has graduated.
Either the years get added or subtracted.
Art. 62. Effect of the attendance of mitigating or aggravating
circumstances and of habitual delinquency. — Mitigating or
aggravating circumstances and habitual delinquency shall be taken
into account for the purpose of diminishing or increasing the
penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a
crime specially punishable by law or which are included by the law
in defining a crime and prescribing the penalty therefor shall not
be taken into account for the purpose of increasing the penalty.
Review Notes on Book 1, Revised Penal Code
2. The same rule shall apply with respect to any aggravating
circumstance inherent in the crime to such a degree that it must of
necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the
moral attributes of the offender, or from his private relations with
the offended party, or from any other personal cause, shall only
serve to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are
attendant.
4. The circumstances which consist in the material execution of the
act, or in the means employed to accomplish it, shall serve to
aggravate or mitigate the liability of those persons only who had
knowledge of them at the time of the execution of the act or their
cooperation therein.
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced to the
penalty provided by law for the last crime of which he be found
guilty and to the additional penalty of prision correccional in its
medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty and
to the additional penalty of prision mayor in its minimum and
medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be
sentenced to the penalty provided for the last crime of which he
be found guilty and to the additional penalty of prision mayor in
its maximum period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two
penalties to be imposed upon the offender, in conformity
herewith, shall in no case exceed 30 years.
23
For the purpose of this article, a person shall be deemed to be
habitual delinquent, is within a period of ten years from the date
of his release or last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or falsification, he is
found guilty of any of said crimes a third time or oftener.
: This article pertains to when the aggravating circumstance is offset
by mitigating circumstance and thus the computation is either
commuted or reduced. This is in the case of serious physical injury,
robbery, estafa, homicide and this is referred to recidivists or repeat
offenders or habitual delinquents.
Art. 63. Rules for the application of indivisible penalties. — In all
cases in which the law prescribes a single indivisible penalty, it
shall be applied by the courts regardless of any mitigating or
aggravating circumstances that may have attended the
commission of the deed.
In all cases in which the law prescribes a penalty composed of two
indivisible penalties, the following rules shall be observed in the
application thereof:
1. When in the commission of the deed there is present only one
aggravating circumstance, the greater penalty shall be applied.
: If the crime committed is in the aggravating circumstance, the
greater penalty is given, this includes:
1) Reclusion perpetua
2) Reclusion temporal
2. When there are neither mitigating nor aggravating
circumstances and there is no aggravating circumstance, the lesser
penalty shall be applied.
Review Notes on Book 1, Revised Penal Code
: If both the mitigating and aggravating are missing in the element
of the crime, a lesser penalty shall be applied. This pertains to:
1) Prision mayor
2) Arresto mayor
3) Arresto menor
3. When the commission of the act is attended by some mitigating
circumstances and there is no aggravating circumstance, the lesser
penalty shall be applied.
: This is in the presence of a mitigating circumstance but no
aggravating, a lesser penalty is to be administered.
4. When both mitigating and aggravating circumstances attended
the commission of the act, the court shall reasonably allow them
to offset one another in consideration of their number and
importance, for the purpose of applying the penalty in accordance
with the preceding rules, according to the result of such
compensation.
: This is in the case where both are present, then one can offset the
other by either reducing the number of years.
Art. 64. Rules for the application of penalties which contain three
periods. — In cases in which the penalties prescribed by law
contain three periods, whether it be a single divisible penalty or
composed of three different penalties, each one of which forms a
period in accordance with the provisions of Articles 76 and 77, the
court shall observe for the application of the penalty the following
rules, according to whether there are or are not mitigating or
aggravating circumstances:
24
1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed by law in
its medium period.
: This is in case neither the aggravating nor mitigating is present, the
medium penalty is given.
2. When only a mitigating circumstances is present in the
commission of the act, they shall impose the penalty in its
minimum period.
: In this case, the minimum period (it may be arresto menor or
bond) that will be given as punishment to the accused.
3. When an aggravating circumstance is present in the commission
of the act, they shall impose the penalty in its maximum period.
: Granting in this case that an aggravating circumstance was present
in the commission of the crime, maximum is to be implemented:
Reclusion perpetua.
4. When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one class
against the other according to their relative weight.
: In the case at bar, one may offset the other granting that both the
mitigating and aggravating is present in the commencement of the
crime.
5. When there are two or more mitigating circumstances and no
aggravating circumstances are present, the court shall impose the
penalty next lower to that prescribed by law, in the period that it
Review Notes on Book 1, Revised Penal Code
may deem applicable, according to the number and nature of such
circumstances.
: In the case where there two or more mitigating circumstances but
no aggravating present, the court shall impose a lower penalty than
that prescribed by law.
6. Whatever may be the number and nature of the aggravating
circumstances, the courts shall not impose a greater penalty than
that prescribed by law, in its maximum period.
: Death may not be imposed regardless of how aggravating the
circumstances are.
7. Within the limits of each period, the court shall determine the
extent of the penalty according to the number and nature of the
aggravating and mitigating circumstances and the greater and
lesser extent of the evil produced by the crime.
: This is in favor of the gravity of the crime commenced by the
offender.
Art. 65. Rule in cases in which the penalty is not composed of three
periods. — In cases in which the penalty prescribed by law is not
composed of three periods, the courts shall apply the rules
contained in the foregoing articles, dividing into three equal
portions of time included in the penalty prescribed, and forming
one period of each of the three portions.
: Instead of doing three (3) separate periods of penalty, it will be
done consecutively at the same time.
25
Art. 66. Imposition of fines. — In imposing fines the courts may fix
any amount within the limits established by law; in fixing the
amount in each case attention shall be given, not only to the
mitigating and aggravating circumstances, but more particularly to
the wealth or means of the culprit.
: Fines that could be accommodated by the wealth or means of the
culprit are to be adjusted in case he/she may not be able to pay.
This is to be determined by the courts.
Art. 67. Penalty to be imposed when not all the requisites of
exemption of the fourth circumstance of Article 12 are present.—
When all the conditions required in circumstances Number 4 of
Article 12 of this Code to exempt from criminal liability are not
present, the penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be imposed upon
the culprit if he shall have been guilty of a grave felony, and
arresto mayor in its minimum and medium periods, if of a less
grave felony.
: This is to be given on the case of any person who, while
performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it, as provided by the
Penal Code, under paragraph 4 of Art. 12, then the maximum period
of arresto mayor to the minimum period of prision correccional is to
be imposed.
Art. 68. Penalty to be imposed upon a person under eighteen years
of age. — When the offender is a minor under eighteen years and
his case is one coming under the provisions of the paragraphs next
to the last of Article 80 of this Code, the following rules shall be
observed:
Review Notes on Book 1, Revised Penal Code
1. Upon a person under fifteen but over nine years of age, who is
not exempted from liability by reason of the court having declared
that he acted with discernment, a discretionary penalty shall be
imposed, but always lower by two degrees at least than that
prescribed by law for the crime which he committed.
2. Upon a person over fifteen and under eighteen years of age the
penalty next lower than that prescribed by law shall be imposed,
but always in the proper period.
: This is in connection to offenders who are minors, but upon
reaching 18 may be tried as an adult.
Art. 69. Penalty to be imposed when the crime committed is not
wholly excusable. — A penalty lower by one or two degrees than
that prescribed by law shall be imposed if the deed is not wholly
excusable by reason of the lack of some of the conditions required
to justify the same or to exempt from criminal liability in the
several cases mentioned in Article 11 and 12, provided that the
majority of such conditions be present. The courts shall impose
the penalty in the period which may be deemed proper, in view of
the number and nature of the conditions of exemption present or
lacking.
: With connection to Justifying Circumstances and Circumstances
which exempt from criminal liability, the penalty is either one or
two degree lower, and may be imposed only in the number and
nature of the conditions of exemption present or lacking.
Art. 70. Successive service of sentence. — When the culprit has to
serve two or more penalties, he shall serve them simultaneously if
the nature of the penalties will so permit otherwise, the following
rules shall be observed:
26
In the imposition of the penalties, the order of their respective
severity shall be followed so that they may be executed
successively or as nearly as may be possible, should a pardon have
been granted as to the penalty or penalties first imposed, or
should they have been served out.
For the purpose of applying the provisions of the next preceding
paragraph the respective severity of the penalties shall be
determined in accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,chan robles virtual law library
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and be voted
for, the right to follow a profession or calling, and
12. Public censure.
Notwithstanding the provisions of the rule next preceding, the
maximum duration of the convict's sentence shall not be more
than three-fold the length of time corresponding to the most
severe of the penalties imposed upon him. No other penalty to
which he may be liable shall be inflicted after the sum total of
those imposed equals the same maximum period.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of perpetual
penalties (pena perpetua) shall be computed at thirty years.
Review Notes on Book 1, Revised Penal Code
: The best rule for this article is the three-fold rule, where instead of
serving three sentences at different periods, they all get served at
the same period at the maximum period possible.
Ex: A man committing robbery, with kidnapping and murder has
been sentenced to Reclusion perpetua for each crime he has
committed. If you were the judge presiding over the case, how
would you decide over how he should serve his sentence?
A: Following the three-fold rule though he has committed three
distinct crimes of different titles, the man should be serving the
maximum sentence of Reclusion perpetua or 20 years and 1 day to
40 years. Instead of adding all three which are punishable with
Reclusion perpetua which equals 120 years, it will be reduced to 40
years instead.
Art. 71. Graduated scales. — In the case in which the law
prescribed a penalty lower or higher by one or more degrees than
another given penalty, the rules prescribed in Article 61 shall be
observed in graduating such penalty.
The lower or higher penalty shall be taken from the graduated
scale in which is comprised the given penalty.
The courts, in applying such lower or higher penalty, shall observe
the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
27
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the right to vote and be
voted for, the right to follow a profession or calling,
4. Public censure,
5. Fine.
: The abovementioned scales of penalty shall be followed when
imposing the punishment on the accused.
Art. 72. Preference in the payment of the civil liabilities. — The civil
liabilities of a person found guilty of two or more offenses shall be
satisfied by following the chronological order of the dates of the
judgments rendered against him, beginning with the first in order
of time.
: This refers to the payment and civil liability of an individual as to
when he or she should pay for such liability beginning with the first.
Art. 73. Presumption in regard to the imposition of accessory
penalties. — Whenever the courts shall impose a penalty which,
by provision of law, carries with it other penalties, according to
the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must
be understood that the accessory penalties are also imposed upon
the convict.
: The provisions of Art. 40, 41, 42, 43 and 44 shall also be imposed
on the convict who has been accessory to the crime.
Review Notes on Book 1, Revised Penal Code

s AD, S, D
Art. 74. Penalty higher than reclusion perpetua in certain cases. — SD
In cases in which the law prescribes a penalty higher than another Entirety 12 6 6 1 1-
given penalty, without specially designating the name of the yrs yrs mos mo 30
former, if such higher penalty should be that of death, the same & 1 & 1 . & nth day
penalty and the accessory penalties of Article 40, shall be day day 1 & 1 s
considered as the next higher penalty. – 20 – 12 day day
yrs. yrs – 6 – 6
: Since the Death penalty has been abolished, the next higher yrs mos
penalty next to Reclusion perpetua, which in this case may be life .
imprisonment (although we do not say so), is next the next possible Minimu 12 6 6 1-2 1-
punishment or the application of the three-fold rule. m yrs yrs mos mos 10
& 1 & 1 . & . day
Art. 75. Increasing or reducing the penalty of fine by one or more day day 1 s
degrees. — Whenever it may be necessary to increase or reduce – 14 – 8 day
the penalty of fine by one or more degrees, it shall be increased or yrs yrs – 2
reduced, respectively, for each degree, by one-fourth of the & 8 yrs
maximum amount prescribed by law, without however, changing mos & 4
the minimum. . mos
The same rules shall be observed with regard of fines that do not .
consist of a fixed amount, but are made proportional. Medium 14 8 2 2 11-
yrs yrs yrs, mos 20
: Depending on the degree of the crime, is the basis of how the fine & 8 & 1 4 . & day
must be paid. mos day mos 1 s
. – – 10 . & day
Art. 76. Legal period of duration of divisible penalties. — The legal 17 yrs 1 – 4
period of duration of divisible penalties shall be considered as yrs, day mos
divided into three parts, forming three periods, the minimum, the 4 – 4 .
medium, and the maximum in the manner shown in the following mos yrs
table: . & 2
mos
Penaltie RT PM, PC, AM Am

28
Review Notes on Book 1, Revised Penal Code

. A penalty shall not be executed in any other form than that

Maximu 17 10 4 4 21- prescribed by law, nor with any other circumstances or incidents
m yrs, yrs yrs, mos 30 than those expressly authorized thereby.
4 & 1 2 . & day In addition to the provisions of the law, the special regulations
mos day mos 1 s prescribed for the government of the institutions in which the
. & – 12 . & day penalties are to be suffered shall be observed with regard to the
1 yrs 1 – 6 character of the work to be performed, the time of its
day day mos performance, and other incidents connected therewith, the
– 20 – 6 . relations of the convicts among themselves and other persons, the
yrs. yrs. relief which they may receive, and their diet.
The regulations shall make provision for the separation of the
RT–Reclusion Temporal PC–Prision Correccional sexes in different institutions, or at least into different
PM – Prision Mayor S -Suspension departments and also for the correction and reform of the
AD – Absolute Disqualification D - Destierro convicts.
SD – Special Disqualification AM – Arresto Mayor
Am – Arresto Menor : The penalty is to be imposed once final judgment has been served
to the accused.
Art. 77. When the penalty is a complex one composed of three
distinct penalties. — In cases in which the law prescribes a penalty Art. 79. Suspension of the execution and service of the penalties in
composed of three distinct penalties, each one shall form a period; case of insanity. — When a convict shall become insane or an
the lightest of them shall be the minimum the next the medium, imbecile after final sentence has been pronounced, the execution
and the most severe the maximum period. of said sentence shall be suspended only with regard to the
Whenever the penalty prescribed does not have one of the forms personal penalty, the provisions of the second paragraph of
specially provided for in this Code, the periods shall be distributed, circumstance number 1 of Article 12 being observed in the
applying by analogy the prescribed rules. corresponding cases.
If at any time the convict shall recover his reason, his sentence
: If the crime prescribes three (3) distinct penalties, each will form shall be executed, unless the penalty shall have prescribed in
one period: minimum, medium and maximum. From the lightest to accordance with the provisions of this Code.
the most severe punishment to be imposed on the accused. The respective provisions of this section shall also be observed if
the insanity or imbecility occurs while the convict is serving his
Art. 78. When and how a penalty is to be executed. — No penalty sentence.
shall be executed except by virtue of a final judgment.

29
Review Notes on Book 1, Revised Penal Code
: If during the entirety of the sentence, an accused becomes insane
or an imbecile, his sentence will be commuted, and should his sanity
regain, will his sentence resume. Only in these special cases will the
sentence be commuted.
Art. 80. Suspension of sentence of minor delinquents. — Whenever
a minor of either sex, under sixteen years of age at the date of the
commission of a grave or less grave felony, is accused thereof, the
court, after hearing the evidence in the proper proceedings,
instead of pronouncing judgment of conviction, shall suspend all
further proceedings and shall commit such minor to the custody or
care of a public or private, benevolent or charitable institution,
established under the law of the care, correction or education of
orphaned, homeless, defective, and delinquent children, or to the
custody or care of any other responsible person in any other place
subject to visitation and supervision by the Director of Public
Welfare or any of his agents or representatives, if there be any, or
otherwise by the superintendent of public schools or his
representatives, subject to such conditions as are prescribed
herein below until such minor shall have reached his majority age
or for such less period as the court may deem proper.
The court, in committing said minor as provided above, shall take
into consideration the religion of such minor, his parents or next of
kin, in order to avoid his commitment to any private institution
not under the control and supervision of the religious sect or
denomination to which they belong.
The Director of Public Welfare or his duly authorized
representatives or agents, the superintendent of public schools or
his representatives, or the person to whose custody or care the
minor has been committed, shall submit to the court every four
months and as often as required in special cases, a written report
30
on the good or bad conduct of said minor and the moral and
intellectual progress made by him.
The suspension of the proceedings against a minor may be
extended or shortened by the court on the recommendation of the
Director of Public Welfare or his authorized representative or
agents, or the superintendent of public schools or his
representatives, according as to whether the conduct of such
minor has been good or not and whether he has complied with the
conditions imposed upon him, or not. The provisions of the first
paragraph of this article shall not, however, be affected by those
contained herein.
If the minor has been committed to the custody or care of any of
the institutions mentioned in the first paragraph of this article,
with the approval of the Director of Public Welfare and subject to
such conditions as this official in accordance with law may deem
proper to impose, such minor may be allowed to stay elsewhere
under the care of a responsible person.
If the minor has behaved properly and has complied with the
conditions imposed upon him during his confinement, in
accordance with the provisions of this article, he shall be returned
to the court in order that the same may order his final release.
In case the minor fails to behave properly or to comply with the
regulations of the institution to which he has been committed or
with the conditions imposed upon him when he was committed to
the care of a responsible person, or in case he should be found
incorrigible or his continued stay in such institution should be
inadvisable, he shall be returned to the court in order that the
same may render the judgment corresponding to the crime
committed by him.
The expenses for the maintenance of a minor delinquent confined
in the institution to which he has been committed, shall be borne
totally or partially by his parents or relatives or those persons
Review Notes on Book 1, Revised Penal Code
liable to support him, if they are able to do so, in the discretion of
the court; Provided, That in case his parents or relatives or those
persons liable to support him have not been ordered to pay said
expenses or are found indigent and cannot pay said expenses, the
municipality in which the offense was committed shall pay one-
third of said expenses; the province to which the municipality
belongs shall pay one-third; and the remaining one-third shall be
borne by the National Government: Provided, however, That
whenever the Secretary of Finance certifies that a municipality is
not able to pay its share in the expenses above mentioned, such
share which is not paid by said municipality shall be borne by the
National Government. Chartered cities shall pay two-thirds of said
expenses; and in case a chartered city cannot pay said expenses,
the internal revenue allotments which may be due to said city
shall be withheld and applied in settlement of said indebtedness in
accordance with section five hundred and eighty-eight of the
Administrative Code.
: This article is connected with children in conflict with the law who
has been deemed as a convict although minority in age. The
abovementioned article will prevail in cases such as these.
Art. 81-85
: These articles pertain to the Death sentences, where the burial of
the corpse should take place, or if in case the person to be executed
is a female (who in this case may be pregnant), and where the
execution will take place.
Art. 86. Reclusion perpetua, reclusion temporal, prision mayor,
prision correccional and arresto mayor. — The penalties of
reclusion perpetua, reclusion temporal, prision mayor, prision
correccional and arresto mayor, shall be executed and served in
31
the places and penal establishments provided by the
Administrative Code in force or which may be provided by law in
the future.
: This article provides where the convicts serving the 1st scale of
penalties are serving out there sentences.
Art. 87. Destierro. — Any person sentenced to destierro shall not
be permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall be
not more than 250 and not less than 25 kilometers from the place
designated.
: This article refers to the accused until where is his jurisdiction if he
aggravated someone.
Art. 88. Arresto menor. — The penalty of arresto menor shall be
served in the municipal jail, or in the house of the defendant
himself under the surveillance of an officer of the law, when the
court so provides in its decision, taking into consideration the
health of the offender and other reasons which may seem
satisfactory to it.
: This article refers to where the accused will serve out his sentence
should he be imposed upon the penalty of arresto menor.
Art. 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.
Review Notes on Book 1, Revised Penal Code
: This refers to, when the during the service of the sentence, the
convict dies, the sentence dies with him.
2. By service of the sentence;
: Upon finishing the service of the sentence, this is when the
criminal liability gets extinguished.
3. By amnesty, which completely extinguishes the penalty and all
its effects;
: Amnesty defined: the crime and the sentence is totally
extinguished
4. By absolute pardon;
: Pardon defined: it excuses the sentence, but not the liability, but in
the case of absolute pardon, everything is extinguished.
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.
: In the case of rape, should the rape victim marry the rapist, the
liability of the rapist will be extinguished.
Art. 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.
32
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.
: This refers to the crime committed and what are the years to be
served out.
Art. 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.
: This article refers to the day when the crime has been discovered
by the authorities and should the convict flee to another country,
his term of sentence will be interrupted and would resume should
he come back to the Philippines.
Art. 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;
Review Notes on Book 1, Revised Penal Code
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.
Art. 93. Computation of the prescription of penalties. — The period
of prescription of penalties shall commence to run from the date
when the culprit should evade the service of his sentence, and it
shall be interrupted if the defendant should give himself up, be
captured, should go to some foreign country with which this
Government has no extradition treaty, or should commit another
crime before the expiration of the period of prescription.
Art. 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.
: This occurs when the person serving the sentence has been
pardoned, his sentence has been cut or commuted and he has done
good conduct.
Art. 95. Obligation incurred by person granted conditional pardon.
— Any person who has been granted conditional pardon shall
incur the obligation of complying strictly with the conditions
imposed therein otherwise, his non-compliance with any of the
conditions specified shall result in the revocation of the pardon
and the provisions of Article 159 shall be applied to him.
: Those who have been pardoned have to follow rules so as not to
be convicted again.
33
Art. 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.
Art. 97. Allowance for good conduct. — The good conduct of any
prisoner in any penal institution shall entitle him to the following
deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be
allowed a deduction of five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment,
he shall be allowed a deduction of eight days for each month of
good behavior;
3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten days for
each month of good behavior; and
4. During the eleventh and successive years of his imprisonment,
he shall be allowed a deduction of fifteen days for each month of
good behavior.
: This goes to show, that for every good behavior a convict has
shown inside the prison cell, the days in the term of sentence shall
be reduced.
Art. 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.
Review Notes on Book 1, Revised Penal Code
: This occurs when a convict gives himself up after forty-eight (48)
hours. His sentence gets commuted and 1/5th of the sentence is
removed.
Art. 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.
: It is the Director of Prisons who grants the allowance for every
good conduct.
Art. 100. Civil liability of a person guilty of felony. — Every person
criminally liable for a felony is also civilly liable.
: It is true for those who has a criminal liability has a civil liability
(against persons, thing or moral as dictated by Art. 19, 20 and 21 of
the Civil Code).
Art. 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.
34
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.
: Still this is in connection to Arts. 19-21 of the Civil Code of the
Philippines.
Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and
proprietors of establishments. — In default of the persons
criminally liable, innkeepers, tavernkeepers, and any other
persons or corporations shall be civilly liable for crimes committed
in their establishments, in all cases where a violation of municipal
Review Notes on Book 1, Revised Penal Code
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.
: In business establishments, the manager or owner is liable civilly if
anything went missing or was stolen. Same goes with the staff of
the manager, if they committed a crime, the manager is held liable
for their crimes.
Art. 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.
: It is also applicable to employers, teachers, persons and
discharges.
Art. 104. What is included in civil liability. — The civil liability
established in Articles 100, 101, 102, and 103 of this Code includes:
1. Restitution;
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2. Reparation of the damage caused;
3. Indemnification for consequential damages.
Art. 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.
This provision is not applicable in cases in which the thing has
been acquired by the third person in the manner and under the
requirements which, by law, bar an action for its recovery.
: The return of the value of such stolen object. Or if it has
sentimental value, you must return the same or higher value.
Ex: A man who in exchange for transportation took a pin of
inestimable value from a woman and her family. And because of
that they were killed in the gas chambers. Should the next of kin
have a right on the pin?
A: Yes, the next of kin has a right.
If in any way, an object of value taken by force from a person should
be returned to the next of kin, should the person pass on to the
next life.
In the case at bar, a pin of inestimable value was taken from a
woman and his family, in exchange they had to die in the gas
chambers, her next of kin is claiming for the pin, and since she has
passed away, the next of kin has a right to the pin.
Review Notes on Book 1, Revised Penal Code
Art. 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.
: When the object taken is damaged, one must have it repaired to
its original value.
Art. 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.
: This includes paying to the family of the person whom the damage
has been brought it upon.
Art. 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.
The action to demand restoration, reparation, and indemnification
likewise descends to the heirs of the person injured.
: This is to the heirs of the person to whom the damage has been
brought upon, all obligations of repair, indemnification and
restoration.
Art. 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.
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: Each person who is civilly liable must pay an amount as
determined by the courts.
Art. 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.
Art. 111. Obligation to make restitution in certain cases. — Any
person who has participated gratuitously in the proceeds of a
felony shall be bound to make restitution in an amount equivalent
to the extent of such participation.
: For accomplices who took part in a commission of the crime is
liable as well and must pay that which is payable.
Art. 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.
Review Notes on Book 1, Revised Penal Code

: Civil liability is extinguished according with the provisions of the

Civil Law.
Art. 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.
In determining the applicable penalty according to the
Indeterminate Sentence Law, there is no need to mention the
number of years, months and days; it is enough that the name of
the penalty is mentioned while the Indeterminate Sentence Law is
applied.
Crimes punished under special law carry only one penalty; there are
no degree or periods. Moreover, crimes under special law do not
consider mitigating or aggravating circumstance present in the
commission of the crime.

: If the person’s civil liability is not yet extinguished then his Disqualification may be divided into three, according to –
obligation to pay for such liability goes on until it has been satisfied.
(1) The time committed;
Act no. 4013 Indeterminate Sentence Law (ISLAW) (2) The penalty imposed; and
(3) The offender involved.
Three (3) things to know about the Indeterminate Sentence Law:

1) Its purpose; The Indeterminate Sentence Law shall not apply to:
2) Instances when it does not apply; and
3) How it operates (1) Persons convicted of offense punishable with death penalty
or life imprisonment;
Indeterminate Sentence Law governs whether the crime is (2) Persons convicted of treason, conspiracy or proposal to
punishable under the Revised Penal Code or a special Law. It is not commit treason;
limited to violations of the Revised Penal Code. (3) Persons convicted of misprision of treason, rebellion,
sedition, espionage;
The purpose of the Indeterminate Sentence law is to avoid (4) Persons convicted of piracy;
prolonged imprisonment, because it is proven to be more (5) Persons who are habitual delinquents;
destructive than constructive to the offender. So, the purpose of (6) Persons who shall have escaped from confinement or
the Indeterminate Sentence Law in shortening the possible evaded sentence;
detention of the convict in jail is to save valuable human resources.

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Review Notes on Book 1, Revised Penal Code
(7) Those who have been granted conditional pardon by the
Chief Executive and hall have violated the term thereto;
(8) Those whose maximum term of imprisonment does not
exceed one year, but not to those already sentenced by final
judgment at the time of the approval of Indeterminate Sentence
Law.
Presidential Decree No. 968 (Probation Law)
Probation is a manner of disposing of an accused who have been
convicted by a trial court by placing him under supervision of a
probation officer, under such terms and conditions that the court
may fix. This may be availed of before the convict begins serving
sentence by final judgment and provided that he did not appeal
anymore from conviction.
Without regard to the nature of the crime, only those whose
penalty does not exceed six years of imprisonment are those
qualified for probation. If the penalty is six years plus one day, he is
no longer qualified for probation.
If the offender was convicted of several offenses which were tried
jointly and one decision was rendered where multiple sentences
imposed several prison terms as penalty, the basis for determining
whether the penalty disqualifies the offender from probation or not
is the term of the individual imprisonment and not the totality of all
the prison terms imposed in the decision. So even if the prison term
would sum up to more than six years, if none of the individual
penalties exceeds six years, the offender is not disqualified by such
penalty from applying for probation.
Ex: May a recidivist be given the benefit of Probation Law?
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A: As a general rule, no.
Exception: If the earlier conviction refers to a crime the penalty of
which does not exceed 30 days imprisonment or a fine of not more
than P200.00, such convict is not disqualified of the benefit of
probation. So even if he would be convicted subsequently of a
crime embraced in the same title of the Revised Penal Code as that
of the earlier conviction, he is not disqualified from probation
provided that the penalty of the current crime committed does not
go beyond six years and the nature of the crime committed by him
is not against public order, national security or subversion.
Although a person may be eligible for probation, the moment he
perfects an appeal from the judgment of conviction, he cannot avail
of probation anymore. So the benefit of probation must be invoked
at the earliest instance after conviction. He should not wait up to
the time when he interposes an appeal or the sentence has become
final and executory. The idea is that probation has to be invoked at
the earliest opportunity.
Probation shall be denied if the court finds:
(1) That the offender is in need of correctional treatment that
can be provided most effectively by his commitment to an
institution;
(2) That there is undue risk that during the period of probation
the offender will commit another crime; or
(3) Probation will depreciate the seriousness of the crime.
The probation law imposes two kinds of conditions:
Review Notes on Book 1, Revised Penal Code

(1) Mandatory conditions; and

(2) Discretionary conditions.

Mandatory conditions:

(1) The convict must report to the Probation Officer (PO)

designated in the court order approving his application for
Probation within 72 hours from receipt of Notice of such order
approving his application; and
(2) The convict, as a probationer, must report to the PO at least
once a month during the period of probation unless sooner required
by the PO.

These conditions being mandatory, the moment any of these is

violate, the probation is cancelled.

Discretionary conditions:
The trial court which approved the application for probation may
impose any condition which may be constructive to the correction
of the offender, provided the same would not violate the
constitutional rights of the offender and subject to this two
restrictions: (1) the conditions imposed should not be unduly
restrictive of the probationer; and (2) such condition should not be
incompatible with the freedom of conscience of the probationer.

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