CRIMINAL LAW REVIEW MEMORY AID

CRIMINAL LAW-It is the branch or division of 1. ARTShould commit an offense while on a

law which defines, crimes, treats of their nature, Philippine ship or airship
and provides for their punishment. 2. Should forge or counterfeit any coin or
currency note of the Philippines or obligations
SOURCES OF PH CRIMINAL LAW and securities issued by the Government of the
1) RPC Philippines
2) Special Penal Laws 3. Should be liable for acts connected with the
3) Penal Presidential Decrees issued during introduction in the Philippines of the
Martial Law obligations and securities mentioned in the
preceding number
CHARACTERISTICS OF CRIMINAL LAW 4. While being public officers or employees,
1. General should commit an offense in the exercise of
1. It is binding on all persons who live or their functions
sojourn in Philippine territory 5. Should commit any of the crimes against
1. Exceptions: national security and the law of nations
1. “except as provided in the treaties
and laws of preferential ART 3.
application” Felonies are acts and omissions punishable by
1) sovereigns and other chief of state RPC
2) enoky Elements of Felonies:
2. Laws and treaties of preferential 1) There must be an act or omission i.e. there
application must be external acts
1. ambassadors 4) That the act or omission must be punishable by
the RPC
NOTE: 4. That the act is performed or the omission
1) Exceptions: Ambassadors incurred by means of dolo or culpa
2) Consul: no Immunity
3) Remember the immunity CRIMES WITH NO FRUSTRATED STAGE
• If driver of the ambassador: exception is 1. Rope
personal. 2. Arson
• Official retinue possesses immunity 3. Theft
2. Prospective 4. Robbery
A penal law cannot make an act punishable in a 5. Indirect Bribery
manner in which it was not punishable when 6. Corruption of Public Officers
committed. 7. Physical Injury
Exceptions:Exceptions: Whenever a new statute
dealing with crime establishes conditions more REQUISITES OF DOLO OR MALICE
lenient or favorable to the accused, it can be given 1. Freedom (F)
a retroactive effect. • When there is lack of freedom, the offender
is exempt from liability (i.e. presence of
NO APPLICATION: irresistable force)
1. Offender is a habitual criminal 8. Intelligence (I)
2. Where the new law is expressly made • When there is lack of intelligence, the
inapplicable to pending actions or existing causes offender is exempt from liabiltiy
of action 9. Criminal Intent (C)
2. Provides a lighter penalty 3) It is the state of mind accompanying an act. It
refers to the purpose of the mind and the
resolve with which a person proceeds.
3. Territorial
1) Criminal laws undertake to punish crimes Motive
committed within Philippine territory It is the moving power which impels one to action
2) It must be committed within the Philippine for a definite resullt. Motive is not an essential
territory element of crime and need not be proved for
3) Exceptions: purposes of conviction,
1) Provisions shall be enforced outside
the jurisdiction NOTE:

1 CRIMINAL LAW – MEMORY AID (Sarmiento)

1. Mere proof of motive, no matter how strong,
is not sufficient to support a conviction. If
there is no reliable evidence from which it
may be reasonably reduced that the accused
was the malefactor.
Culpable Feloines
The act of omission is NOT malaicious. The
injuty caused by the offender to another person is
unintentional
Requisites:
1. Freedom
10. Intelligence
11. Negligence, imprudence, lack of foresight, or
lack of skill
4) The felony committed must be the proximate
cause of the resulting injury
5) There must be a relation of “cause and effect,”
the cause being the felonious act of the
offended, the effect being the resultant injuries
and/or death of the victim.
The felony committed is NOT the proximate
cause of the resulting injury when:
a) there is an ACTIVE FORCE that intervened
between the felony committed and the
resulting injury, and the active force is a
distinct act or fact absolutely foreign from the
felonious act of the accused
b) the RESULTING INJURY is due to the
intentional act of the victim

NEGLiCENCE IMPRUDENCE The felony committed is NOT the proximate

cause of the resulting injury when—
Indicates a deficiency Indicates a deficiency 1. There is an active force that intervened
of perception, failure to of action; failure in between the felony committed and the
pay proper attention precaution, usually resulting injury, and the active force is a
and to use diligence in involves lack of skill distinct act or fact absolutely foreign from the
foreseeing. felonious act of the accused
12. The resulting injury is due to the intentional
act of the victim.
NOTE: An act executed negligently are
voluntary! NOTE:
-Unskillful and improper treatment may be an
Mistake of Fact active force but it is not a distinct act or fact
There is a misapprehension of fact, if true, would absolutely foreign from the criminal act.
justify the act or omission commited.
Paragraph 2. IMPOSSIBLE CRIME.
MISTAKE OF FACT AS A DEFENSE (1) That the act performed would be an offense
1) That the act done would have been lawful had against persons or property
the facts been as the accused believed them to (2) That the act was done with evil intent
be (3) That its accomplishment is inherently
5) That the intention of the accused in impossible, or that means employed is either
performing the act should be lawful inadequate or ineffectual
6) That the mistake must be without fault or (4) That the act performed should not constitute a
carelessness on the part of the accused. violation of another provision of the RPC.
MISTAKE OF FACT
v. ERROR IN PERSONAE
DOLO CULPA
ART 4.
Paragraph 1. The act is performed The imprudence
(a) That an intentional felony has been committed with deliverate intent consists in voluntarily,
(b) That the wrong done to the aggrieved party be which must but without malice,
the direct, natural, and logical consequence necessarily be doing or failing to do
of the felony committed by the offender. voluntary an act from which
material injury
Proximate Cause results.
It is the cause, which, in natural and continuous
sequence, unbroken by any efficient intervening Article 4 (1)
cause, produces an injury, and without which the In order that a person may be held criminally
result would not have occurred. liable for a felony different from that which he
intended to commit
2 CRIMINAL LAW – MEMORY AID (Sarmiento)
REQUISITES: ARTICLE 6. “Acts which should be repressed
1) That an intentional felony has been committed but which are not covered by law”
7) That the wrong done to the aggrieved party be 1. The the act committed by the accused appears
the direct, natural, and logical consequence of not punishable by any law
the felony committed by the offender. 13. But the court deems it proper to repress such
act
Mala In Se Mala Prohibita 14. In that case, the court must render the
proper decision by dismissing the case and
Those crimes which The prohibited act is acquitting the accused
are so serious in their so injurious to the 15. The judge must then make a report to the
effects public welfare that it Chief Executive through the Secretary of
is the crime itself. Justice, stating the reasons which induce him
to believe that the said act should be made
Plunder a crime not subject of penal legislation
foundin RPC but
mala in se Paragraph 2 “In case of excessive penalties”
Basis is moral state of Voluntariness of the 1. The court after trial finds the accused guilty
the offender offender 16. The penalty provided by law and which the
court imposes for the crime committed
Wrong from its very Wrong because it is appears to be clearly excessive
nature prohibited by law a. The accused acted with lesser degree of
malice
Good faith is a valid Good faith is NOT a b. There is no injury or the injury caused is of
defense defense lesser degree
Rule on mitigating and Rule on mitigating 3. The court should not suspend the execution of
aggravating circumstances DO NOT the sentence
circumstances apply apply 4. The judge should submit a statement to the
Chief Executive, through the Secretary of Justice,
recommending executive clemency
GR: Mere commission of crimes classified as ARTICLE 6.
mala prohibita, even without criminal intent
IMPOSSIBLE CRIME Consummated when all the elements
1) That the act performed would be an offense Felonies necessary for its execution
against persons or property. and accomplishment are
8) That the act was done with evil intent present
9) That its accomplishment is inherently Frustrated when the offender performs
impossible, or that the means employed is Felonies all the acts of execution
either inadequate or ineffectual which would produce the
10)That the act performed should not constitute felony as a consequence but
a violation of another provision of the RPC which, nevertheless, do not
produce it by reason of
NOTE: causes independent of the
6) If the act performed would be an offense other will of the perpetrator
than a felony against a person or against
property, there is no impossible crime Attempted when the offender
7) In Impossible Crimes, the act performed Felonies commences the commission
should not constitute a violation of another of a felony directly by overt
provision of the Code acts, and does not perform
8) In PH Law, the purpose of he law is to all the acts of execution
suppress criminal tendencies. Objectively, the which should produce the
offender has not committed a felony, but felony by reason of some
subjectively, he is a criminal. cause or accident other than
his own spontaneous
ARTICLE 5. desistance.
Paragraph 1 1.

3 CRIMINAL LAW – MEMORY AID (Sarmiento)

Attempted Felony The offender has The offender merely
1) The offender commences the commission of performed all the acts commences the
the felony directly by overt acts of execution which commission of a
11)He does not perform all the acts of execution would produce the felony directly by over
which should produce the felony felony as a acts and does not
12)The offender’s act is not stopped by his own consequence perform all the acts of
spontaneous desistance execution.
13)The non-performance of all acts of execution
was due to cause or accident other than his Had reached the Has NOT passed the
spontaneous desistance objective phase subjective phase

Frustrated Felony
1. The offender performs all the acts of ATTEMPTED/ IMPOSSIBLE
execution FRUSTRATED CRIME
17. All the acts performed would produce the FELONY
felony as a consequence The evil intent of the offender is not
18. But the felony is not produced accomplished
19. By reason of causes independent of the will
of the Possible of The evil intent of the
accomplishment offender is POSSIBLE
Development of Crime of ac
1. Internal Acts
9) Mere ideas in the mind of a person, are not What prevented: What prevented:
punishable even if, had they been carried out, intervention of certain inherently impossible
they would constitute a crime cause or accident in of accomplishment /
which the offender because the means
20. External Acts had no part employed by the
(a) Preparatory Acts - ordinarily they are not offender is
punishable inadeuquate or
(c) Acts of Execution - they are punishable under ineffectua
RPC

OVERT ACT NOTE:

It is some physical activity or deed, indicating
the intention to commit a particular crime,
more than a mere planning or preparation, which
if carried to its complete termination following its
natural course, without being frustrated by
external obstacles nor by the voluntary desistance
of the perpetratior, will logically and necessarily
ripen into a concrete offense.
NOTES:
• VS. PREPARATORY ACT
1) In preparatory act, still has no direct
connection with the crime of murder.
• The desistance should be made before all the
acts of execution are performed. The desistance
which exempts from criminal liability has
reference to the crime intended to be committed,
and has no reference to the crime actually
committed by the offender before his desitance.
FRUSTRATED ATTEMPTED
FELONY FELONY
Offender has not accomplished his criminal
purpose
1. There’s no such thing as frustrated theft.
21. There’s no attempted or frustrated impossible
crime, because the acts performed by the
offender are considered as constituting a
consummated offense.
ARTICLE 7. Light felonies.
Light felonies are those infractions of the law for
the commission of which the penalty of arresto
manor or a fine not exceeding Php 200 or both is
provided.
GR: Light felonies are punishable only when they
have been consummated
E: Light felonies committed against persons or
property, are punishable even if attempted or
frustrated.
ARTICLE 8.
GR: Conspiracy and proposal to commit felony
are NOT punishable.
E: They are punishable only in the cases in which
the law specifically provides a penalty therefore.

4 CRIMINAL LAW – MEMORY AID (Sarmiento)

 CONSPIRACY AS A CONSPIRACY AS A
FELONY MANNER FOR
INCURRING
CRIMINAL
LIABILITY
Mere act of agreeing Only assumes
to commit a crime and importance only with
deciding to commit it repsect to detrminign
is already punishable, the liability of the
but only in cases perpetratros charged
where the law with the crim
provides a penalty
therefore
Felony relates to a Conspiracy is not
crime actually treated as a separate
committed offense but used to
determine the liability
The conspiract is The act of one is the
absorved act of all

REQUISITES OF CONSPIRACY
1. The the two or more persons came to an
agreement
2. That the agreement concerned the commission
of a felony
3. That the execution of the felony be decided
upon.

REQUISITES OF PROPOSAL
1. That a person has decided to commit a felony
22. That he proposes its execution to same other
person or persons

ARTICLE 9

5 CRIMINAL LAW – MEMORY AID (Sarmiento)

 Grave Felonies Those which the law
attached the capital
punishment or
penalties which in any
of their persons are
afflictive (in
accordance with
Article 25)
Less Grave Felonies Those which the law
punishes with
penalties in their
maximum period are
correctional, in
accordance with ehe
above-mentioned
article
Light Felonies Those infractions of
law for the
commission of which
the penalty of arresto
menor or a fine not
exceeding 200 pesos is
provided

ARTICLE 11: JUSTIFYING CIRCUMSTANCE

PARAGRAPH REQUISITES
Self-Defense 14)Unlawful aggression [URL]
Par 1. Anyone who acts in the defense of 15)Reasonable necessity to the means employed to prevent or
his person or his rights, provided that repel it
the following requisites concur 16)Lack of sufficient provocation on the part of the person
defending himself
Defense of Relatives 1) Unlawful aggression
Par 2. Anyone who acts in defense of the 2) Reasonable necessity to the means employed to prevent or
person or rights of his SADBRO repel it
3) In case the provocation was given by the person attacked,
that the one making defense had no part therein
Defense of Stranger 10)Unlawful aggression
Par 3. Anyone who acts in defense of the 11)Reasonable necessity of the means employed to prevent or
person or rights of a stranger repel it
12)The person defending be not induced by revenge,
resentment, or other evil motive
Avoidance of Greater Evil or Injury 1) That the evil sought to be avoided actually exists
Par 4. Anyone person who, in order to [EIN]
avoid an evil or injury, does an act 2) That the injury feared be greater than that done to avoid it
which causes damage to another: 3) That there be no other practical and less harmful means of
-civil liability preventing it

6 CRIMINAL LAW – MEMORY AID (Sarmiento)

 Fulfillment of a Duty
Par 5. Any person who acts in the
fulfillment of duty or in the lawful
exercise of right or office
Obedience to an Order
Par 6. Any person who act in obedience
to an order issued by a superior for
some lawful purpose
4) That the accused acted in the performance of a duty or in
the lawful exercise of a right of office
5) That the injury caused or the offense committed be the
necessary consequence of the due performance of a duty or
the lawful exercise of such right or office
1) That an order has been issued by a superior
2) That the order was from some lawful purpose
3) That the means used by the subordinate to carry out said
order is lawful

ARTICLE 12: EXEMPTING CIRCUMSTANCE

Incomplete justifying or exempting circumstances -At least majority of the requisites

[refer to Article 11 and 12]
Par 1. — Those mentioned in the preceding chapter when
all requisites are necessary to justify an act or to exempt
from criminal liability are not attendant
Par 2. — That the offender is under eighteen years of age
or over seventy years. In the case of a minor he shall be
proceeded against in accordance with the provisions of
Article 80.
Par 3. —That the offender has no intention to commit so Notable and evident disproportion
grave a wrong that has committed
Par 4. — That sufficient provocation or threat on the part 1. That provocation must be sufficient [SOPI]
of the offended party has been made immediately -SUFFICIENT? act constituting the provocation, social
preceded the act standing of the person provoked, place and time the
provocation was made

2. It must originate from the offended party

Par 5. — That an act be committed in immediate
vindication of a grave offense to the one committing the
felony his
• spouse , ascendants and descendants
• legitimate, natural or adopted brothers and sisters
• relatives by affinity within the same degrees
3. The provocation must be personal and directed to the
accused
4. That the provocation must be immediate to the act or
commission of the crime
1. There be a grave offense done to the one committing the
felony his spouse, ascendants, descendants, legitimate,
natural or adopted brothers and sisters, or relatives by
affinity with the same degree
2. That the felony is committed in immediate vindication of
such grave offense

To determine gravity
1. social standing
3. place
4. time
7 CRIMINAL LAW – MEMORY AID (Sarmiento)
 Par 6. — That of having acted upon an impulse so strong
as to naturally have produced passion or obfuscation
Par 7. — That the offender had voluntarily surrendered
himself to the public authorities or his agents;
That the offender voluntary confessed his guilt before the
court prior to the presentation of evidence in the
prosecution
1. That there be an act, both unlawful or and sufficient to
produce such a condition of a mind
2. That said act which produced the obfuscation was not far
removed from the commission of the crime by a
considerable length of time
3. The act causing such obfuscation was committed by the
victim himself
Voluntary Surrender [NSV]
1. That the offender has not been actually arrested
2. That the offender surrendered himself to a person of
authority or to the latter’s agent
3. That the surrender was voluntary (for it to be voluntary it
should be spontaneous)

Plea of Guilty [SOPO]

Par 8. — That the offense is deaf and dumb, blind, or
otherwise suffering from any physical defect so as to
restrict his means of action, defense, and communication
with his fellow beings
Par 9. — Such illness of the offender as would diminish
the exercise of his willpower without however depriving
him of the consciousness of his act
Par 10. — And finally, and other circumstances of a
similar nature or analogous to those above-mentioned
1. That the offender spontaneously confessed his guilty
4. That it was done in an open court
5. That confession of guilt was done prior to the
presentation of evidence for the prosecution
That the confession of guilt was to the offense charged in the
information
1. Illness of the offender that would diminish the exercise o
his will-power; and
That such illness did not deprive him of the consciousness o
his acts

ART 14 AGGRAVATING CIRCUMSTANCES

PARAGRAPH REQUISITES BASIS

Par 1. That advantage be taken by
the offender of his public position
Par 2. That the crime be committed
in contempt for or with insult to
public authorities
Greater perversity of the
offender as shown by the:
- Personal
circumstances of the
offender
- Means used to secure
the commission of the
crime
1. That the public authority is engaged in the Greater perversity of the
exercise of his functions offender, as shown by:
2. That he who is thus engaged in the exercise of - His lack of respect for
said functions is not the person against whom the public authorities
the crime is committed
3. The offender knows him to be a public
authority
4. His presence has not prevented the offender
from committing the criminal act

8 CRIMINAL LAW – MEMORY AID (Sarmiento)

Par 3. That the act be committed
with insult or in disregard of respect
due to the offended party on account
of:
- rank,
- age,
- sex, or that it be committed
in the –
- dwelling of the offended
party
o if the latter has not
given provocation
Par. 4. That the act be committed
with:
- abuse of confidence and
- obvious ungratefulness
Part 5. That the crime be committed
- in the palace of the Chief
executive, or
- in his presence, or
- where public authorities are
engaged in the discharge of
their duties, or
- in a place dedicated to
religious worship
Par 6. That the crime be committed
at
- nightime, or in any
- uninhabited place or by a
- band whenever such
circumstances may be
deemed necessary
Par 7 That the crime be committed
in the occasion of a (CSEEC)
- conflagration,
- shipwreck,
- earthquake,
- epidemic or
- other calamity or misfortune
Par. 8. That the crime be committed
with the
- aid of armed men or
- person who insure or afford
impunity
9 CRIMINAL LAW – MEMORY AID (Sarmiento)
The provocation must be: Greater perversity of the
(1) given by the owner of the dwelling offender as shown by:
(2) sufficient - the personal
(3) immediate to the commission of the crime circumstances of the
offended party and the
place of the
commission of the
crime
1. That the offended party had trusted the
offender
2. That the offender abused such trust by
committing a crime against the offended party
3. That the abuse of confidence facilitated the
commission of a crime/ That the act be
committed with obvious ungratefulness
1. Public authority in the performance of their 4.
duties
2. They must be in their office
3. They may be the offended party
1. When it facilitated the commission of the rime 2.
2. When especially sought for by the offender to
insure the commission of the crime or for the
purpose of impunity
3. When the offender took advantage thereof for
the purpose of impunity
1. That armed men or persons took part in the 3.
commission of the crime, directly, or indirectly
2. That the accused availed himself of their aid or
relied upon them when the crime was committed
Par 9. That the accused is a recidivist 1. That the offender is on trial for an offense
Par 10. That the offender has been
previously punished for an offense to
which
- the law attaches an equal or
greater penalty or for
- two or more crimes to which
the law attaches a lighter
penalty
2. That he was previously convicted by final
judgment of another crime
3. That both the first and second offenses are
embraced in the same title of the Code
4. That the offender is convicted of the new
offense
1. That the accessed is on trial for an offense 4.
2. That he previously served sentence for another
offense to which the law attaches an equal or
greater penalty, or for two or more cries to
which it attaches lighter penalty that that for the
new offense; and
3. That he is convicted of the new offense

Par 11. That the crime be committed

in consideration of a
- Price
- reward, or
- promise
Par 12. That the crime be committed
by means of (IFPESIDA)
- inundation,
- fire,
- poison,
- explosion,
- stranding of a vessel or
- intentional damage thereto,
- derailment of a locomotive,
or
- by use of any other artifice
involving great waste and
ruin
Par 13. That an act be committed The prosecution must prove Ways of committing the
with evident premeditation 1. The time when the offender determined to crime because it implies a
commit the crime deliberate planning of the act
2. An act manifestly indicating that the culprit has before executing it
clung to his determination
3. A sufficient lapse of time between the
determination and execution, to allow his
conscience to overcome the resolution of his
will
Par 14. That (CFD) Means employed in the
- craft, commission of the crime
- fraud, or
- disguise be employed.
Par 15. That abuse of superior There must be notorious inequality of the forces Means and ways employed in
strength (ASS) or means be between the victim and the aggressor, assessing a the commission of the crime
employed to weaken the defense. superiority of strength notoriously advantageous
for the aggressor which is selected or taken
advantage of by him in the commission of the
crime.
10 CRIMINAL LAW – MEMORY AID (Sarmiento)
Par 16. That the act be committed Rules: NOTES:
with treachery. (1) Applicable only to crimes against the person 1. Deemed included In
(2) Means, methods, or forms need not insure treachery
accomplishment of the crime - Age and sex
(3) The mode of attack must be consciously adopted - Craft
- Nighttime
Requisites - Treachery absorbs
(1) That at the time of the attack, the victim was not abuse of superior
in a position to defend himself strength, aid of armed
(4) That the offender consciously adopted the men, by a band, and
particular means, method or form of attack means to weaken the
employed by him defense

Two Conditions
(1) the employment of means of execution that gave
the person attacked no opportunity to defend
himself or to retaliate
(5) means of execution were deliberately or
consciously adopted.

Summary of Rules
(1) When the aggression is continuous,
treachery must be present at the beginning
of the assault
(2) When the assault was NOT continuous, in
that there was an interruption, it is sufficient
that treachery was present at the moment the
fatal blow was given
Par 17. That means be employed or Means employed
circumstances brought about which
add ignominy to the natural effects of
an act.
Par 18. That the crime be committed Means and ways employed
after an unlawful entry.
Par 19. That as a means to the
commission of a crime:
- wall,
- floor,
- roof,
- door, or
- window be broken,
Par 20. That the crime be committed
with the
- (1)aid of a person under
fifteen years of age;
- or (2) by means of motor
vehicles, airships, or other
similar means
Par 21. That the wrong done in the 1. The that injury caused be deliberately 3.
commission of the crime, increased by causing other wrong
- be deliberately augmented 2. That the other wrong be unnecessary for the
by causing other wrong not execution of the purpose of the offender
necessary for its commission

11 CRIMINAL LAW – MEMORY AID (Sarmiento)


ARTICLE 15 ALTERNATIVE
CIRCUMSTANCE
1. Relationship
The alternative circumstance of relationship
shall apply when the offended party is the:
(a) Spouse
(b) Ascendant
(c) Descendant
(d) Legitimate, nacrim
2. Intoxication
3. Degree of Instruction and education of
the offender
ARTICLE 16-20 PRINCIPAL,
ACCOMPLICE, ACCESSORIES
Article 17
PRINCIPAL BY DIRECT PARTICIPATION
Requisites for two or more persons to be
considered as principals by direct participation
1. That they participated in the criminal
resolution
2. That they carried out their plan and
personally took part in its execution by
acts which directly tended to the same
en
Article 18
TWO WAYS OF BECOMING PRINCIPAL
BY INDUCTION
(1) By directly forcing another to commit
a crime
a) By irresistible force
b) By causing uncontrollable fear
(2) By directly inducing another to
commit a crime
a) By giving price, or offering
reward or promise
b) By using words of command
REQUISITES
1. That the inducement be made directly with
the intention of procuring the commission
of the crime
2. That such inducement be the determining
cause of the commission of the crime by
material executor.
REQUISITES
1. Participation in the criminal resolution,
that is there is either anterior conspiracy or
unity of criminal purpose and intention
immediately before the commission of the
crime charged
2. Cooperation in the commission of the
offense by performing another act, without
12 CRIMINAL LAW – MEMORY AID (Sarmiento)
which it would not have been
accomplished.
ARTICLE 18 REQUISITES TO BE
CONSIDERED AS AN ACCOMPLICE
1. That there be community of design: that is,
a) knowing the criminal design of
the principal by direct
participation,
b) he concurs with the latter in his
purpose
2. That he cooperates in the execution of the
offense
a) by previous or simultaneous acts
b) With the intention of supplying
material or moral aid in the
execution of the crime in an
efficacious way
3. That there be a relation between the acts done
by the principal and those attributed to the
person charged as accomplice
ARTICLE 19 ACCESSORIES
1. By profiting themselves or assisting the
offender to profit by the effects of the
crime
2. By concealing or destroying the body of
the crime or the effects or instruments
thereof, in order to prevent its discovery
3. By harboring, concealing or assisting in
the escape of the principal of the crime:
provided the accessory acts with abuse of
his public functions;
or whenever the author of the crime is
guilty of:
- Treason,
- Parricide
- Murder
- An attempt to take the life of a Chief
Executive, or is knowns to be habitually
guilty of some other crime
ARTICLE 25 SCALE
ARTICLE 27 DURATION OF PENALTIES
RP
RT
PM
ARTICLE 28 COMPUTATION OF
PENALTIES
 The Director of Prisons or the warden should 4. the loss of all rights to retirement pay or other
compute the penalties imposed upon the pension for any office formerly held
convicts, observing the following rules:
When the offender is in prison – the
duration of temporary penalties is from the ARTICLE 34. CIVIL INTERDICTION.
day on which the judgement of conviction It shall deprive the offender during the time of his
becomes final sentence of the right of:
3. When the offender is not in prison – the 4. Parental authority
duration of penalty consisting in 5. Guardianship (either as property / ward)
deprivation of liberty, is from the day that 6. Marital Authority
the offender is placed at the disposal of 7. Right to manage his property
judicial authorities for the enforcement of 8. And the right to dispose of such property
the penalty by any act or any conveyance inter vivos
4. The duration of other penalties- the 9.
duration is from the day on which the
offender commences to serve his sentence.
ARTICLE 40-44: Penalties in which other
ARTICLE 29 OFFENDERS NOT accessory penalties are inherent
ENTITLED TO BE CREDITED WITH
FULL TIME OR FOURTH-FIFTH OF 40 Death When not executed by
THE TIME OF PREVENTIVE reason of commutation or
IMPRISONMENT pardon:
1. Revidivists or those convicted (1) Perpetual absolute
previously twice or more times of any disqualification
crime (2) Civil interdiction for
2. Those who, upon being summoned for 30 years, if not
the execution of their sentence failed expressly remitted in
to surrender voluntarily pardon
3. Habitual delinquents or those who,
within a period of ten years from the 41 Reclusion (1) Civil interdiction for
day of his release or last conviction of perpetua and life or during the
the crimes or serious or less serious reclusion sentence
physical injuries, robbery, theft, estafa, temporal (2) Perpetual absolute
or falsification is found guilty of any disqualification, unless
of said crimes a third time or offender expressly remitted in
4. Escapees the pardon of the
5. Persons charged with heinous crimes principal penalty
42 Prision mayor (1) Temporary absolute
disqualification
ARTICLE 30. EFFECTS of (2) Perpetual special
PERPETUAL/TEMPORARY disqualification from
DISQUALIFICATION suffrage, unless
1. Deprivation of pubic offices and expressly remitted in
employments which the offender may have the pardon of the
held, even if conferred by popular election principal penalty
2. Deprivation of the right to vote in any 43 Prision (1) Suspension from
election for any popular elective office or to correccional public office,
be elected to such office profession, or calling,
3. Disqualification for the offices or public and
employment and for the exercise of any of (2) Perpetual special
the rights mentioned disqualifcation from
- If in any case of temporary suffrage, if the
disqualification – such duration of
disqualification is comprised in imprisonment exceeds
par 2 and 3 of this Article shall 18 months, unless
last during the term of the expressly remitted in
sentence the pardon of the
13 CRIMINAL LAW – MEMORY AID (Sarmiento)
 principal penalty
44 Arresto – Its
accessory
penalties

ARTICLE 48.
CONTINUED CRIME COMPLEX CRIME
Offender does not Performs a single act and
perform a single act, but a one offense is not a
series of acts, an necessary means for
committing the other
Penalty to be imposed in
the maximum period
There is no provision in
the RPC or any other
penal law defining and
specifically penalizing a
continuing crime

REAL OR MATERIAL CONTINUED CRIME

PLURALITY
There is a series of acts Different acts constitute
performed by the only one crime because
offender all of the acts perfo

ARTICLE 50-57.
CONSUMMATE FRUSTRATE ATTEMPTE
D D D
Principals 0 1 3
Accomplices 1 2 4

Accessories 2 3 4

ARTICLE 64. Rules for the application of

penalties which contain three periods:

Outline:
1. No aggravating and no mitigating –
medium period.
2. Only a mitigating – minimum period
3. Only an aggravating – maximum period
4.

14 CRIMINAL LAW – MEMORY AID (Sarmiento)