REVISED PENAL CODE BOOK 1

ATTY. RICHARD P. TOLCIDAS

CRIMINAL LAW
It is that branch or division of municipal law which
defines crimes, treats of their nature, and provides
for their punishment.

A crime is an act or omission which is punishable under

the law.
If the crime is punished by the Revised Penal Code, it
is called a felony.
If it is a violation of a Special Law, it is called an
offense.
NATURE OF CRIMINAL LAW:
1. Substantive law: It defines the State’s right to
inflict punishment and the liability of the offenders.
Under its police power, the State is justified in
punishing crimes in order to administer justice.

2. Public law: It deals with the relation of the

individual with the state.
General Rule: the power to define and
punish an act as a crime is vested with the
legislative body of government.

Exception: The power may be delegated

to the Chief Executive in cases of extreme
national emergency, as provided under
Section 23, par. 2, Article VI of the 1987
Philippine Constitution.
CONSTITUTIONAL LIMITATIONS:
1. Congress cannot pass an ex post facto law or a bill
of attainder. (Section 22, Article III, 1987 Philippine
Constitution)
2. Penal laws must be general in application. Otherwise,
it would violate the equal protection clause of the
constitution.
3. Congress cannot provide for a cruel, degrading or
inhuman punishment nor can it impose excessive
fines. (Section 19, Art. III, 1987 Philippine
Constitution)
• EX POST FACTO LAW is one which:
• Makes criminal an act done before the passage of the law and which
was innocent when done, and punishes such an act.
• Aggravates a crime, or makes it greater than it was, when committed.
• Changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed.
• Alters the legal rules on evidence, and authorizes conviction upon less or
different testimony than the law required at the time of the commission
of the offense.
• Assumes to regulate civil rights and remedies only but in effect imposes
penalty or deprivation of a right for something which when done was
lawful
• Deprives a person accused of a crime of some lawful protection to which
he has become entitled, such as the protection of a proclamation of
amnesty.

• BILL OF ATTAINDER. It is a legislative act which inflicts punishment without

the benefit of a judicial trial. Its essence is the substitution of a legislative act
for a judicial determination of guilt. (Section 14, Art. III, 1987 Philippine
Constitution)
CHARACTERISTICS OF CRIMINAL LAW
I. GENERALITY:
“Penal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in
Philippine territory, subject to the principles of public
international law.”
EXCEPTIONS:
1. It does not apply to cases covered by the principles
of public international law.
Members of the diplomatic corps of a country who
enjoy criminal immunity:
• Sovereigns and other chiefs/ heads of state.
• Ambassadors,
• ministers plenipotentiary, ministers resident,
• charges d’ affaires and
• attaches

2. Cases covered by treaty or treaty stipulations

3. Cases covered by Laws of Preferential

Application
II. TERRITORIALITY

General Rule: Penal laws take effect

only within the limits of Philippine
territory. It cannot penalize a crime
committed outside the country.
EXCEPTIONS: Penal laws may apply outside of
Philippine Territory against those who:

a.) Should commit an offense while on a Philippine ship or

airship; If a crime is committed on board a foreign
vessel and it is a merchant vessel, there are two rules as
to jurisdiction:
1. The FRENCH RULE which states that crimes
committed on board a foreign merchant vessel while on
the waters of another country are not triable in that
country unless these affect the peace and security or the
safety of the state is endangered;

2. The ENGLISH RULE which provides that such crimes

are triable in that country unless they merely affect the
internal management of the vessel.
Our country adheres to the English Rule.
(b) Should forge or counterfeit any coin or currency
note of the Philippines or obligations and
securities issued by the Government of the
Philippines;
(c) Should be liable for acts connected with the
introduction into the Philippines of the
obligations and securities mentioned in the
preceding number;
(d) While being public officers or employees,
should commit an offense in the exercise of their
functions; or
(e)Should commit any of the crimes against
national security and the law of nations, defined
in Title One of Book two of the revised Penal
Code.
III. IRRETROACTIVITY OR
PROSPECTIVITY
Penal laws cannot make an act
punishable in a manner in which
it was not punishable when
committed.

Penal laws only apply to future

acts
EXCEPTION: Whenever a new statute dealing with the
crime establishes conditions more lenient or favorable
to the accused, it can be given a retroactive effect.
EXCEPTION to the EXCEPTION:
• Where the offender is a habitual delinquent.
A habitual delinquent is one who, within a period of
ten years from the date of his last conviction or last
release of any of the following crimes: robbery, theft
, estafa or swindling, falsification, serious and less
serious physical injuries, is found guilty of any of the
said crimes a third time or oftener. (Art. 62, par. 5,
RPC)
REVISED PENAL CODE
Act No. 3815
Effectivity-Art 1- January 1, 1932
Book 1- a.) Basic Principles Affecting Criminal Liability
Arts. 1 to 20
b.) Provisions on penalties including criminal
and civil liability- Arts. 21-113
Book 2- Definition of felonies with corresponding
penalties.
 SCHOOLS OF THOUGHT IN CRIMINAL LAW

CLASSICAL SCHOOL:
1. The basis of criminal liability is human free will and the
purpose of the penalty is retribution
2. That man is essentially a moral creature with an absolute
free will to choose between good and evil, thereby
placing more stress upon the effect or result of the
felonious act, than upon the man, the criminal himself.
POSITIVIST SCHOOL:
1. That man is subdued occasionally by a strange and
morbid phenomenon which constrains him to do wrong in
spite of, or contrary to his volition.
2. That crime is essentially a social and natural
phenomenon, and as such, it cannot be treated and
checked by the application of abstract principles of law
and jurisprudence nor by the imposition of a punishment.
 FELONIES

Art. 3. Definitions. – Acts and omissions punishable

by law are felonies (delitos).
Felonies are committed not only by means of deceit
(dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent; and there is fault when the wrongful
act results from imprudence, negligence, lack of
foresight, or lack of skill.
Elements of Felonies, in general:
1. There must be an act or omission.
An act is a bodily movement tending to produce
some effect in the external world.
An omission purports inaction – the failure to
perform a positive duty which one is obliged
by law to do.
2. The act or omission is punishable by the
Revised Penal Code.
3. It is committed by means of dolo or culpa.
CLASSIFICATION OF FELONIES ACCORDING TO THE
MEANS THEY ARE COMMITTED:
1. INTENTIONAL FELONIES:
In this class of felony, the offender has the intention to
do or cause an injury to another. Felonies by dolo
are thus characterized by the presence of malice in its
commission.
2. CULPABLE FELONIES:
In this class, a person causes an injury, without intent to
cause an evil. Felonies by culpa are characterized by
the absence of malice.
Certain omissions which are punishable under the Revised
Penal Code, to wit:
1. Misprision of Treason (Art. 116)
2. Abandonment of persons in danger (Art. 275)
3. Illegal Exactions (Arts. 213, par. 2) – Failing voluntarily to
issue a receipt, as provided by law, for any sum of money
collected by him officially.
4. Failure of Accountable Officer to render Accounts (Art.
218)
5. Failure of a responsible public officer to render accounts
before leaving the country (Art. 219)
6. Failure to make delivery of public funds or property (Art.
221)
7. Rule 130, Section 21, on the Privileged Communication Rule
Culpa can either arise from:
a. IMPRUDENCE:
This imports a deficiency of action – that a person
fails to take the necessary precaution to avoid injury
or damage. It arises because of one’s lack of skill.

b. NEGLIGENCE:
This imports a deficiency of perception – there is a
failure to pay proper attention and to use diligence
in foreseeing the injury or damage impending to be
caused. It arises because of a lack of foresight.
 REQUISITES OF DOLO:
1. Criminal INTENT on the part of the offender.
INTENT is the purpose to use a particular means to effect a
result.
Generally, Intent is presumed from the commission of an
unlawful act.
2. FREEDOM of action in doing the act on the part of the
offender.
One who acts without freedom is no longer a human being but a
tool. Thus, if one acts under the compulsion of an irresistible
force or because of an uncontrollable fear is criminally exempt
under Art. 12, Section 5.
3. INTELLIGENCE on the part of the offender in doing the act.
One without intelligence necessarily does not have the
capability to determine the morality of his acts.
 Criminal intent is presumed from the
commission of an unlawful act, but not from
the proof of the commission of an act which is
not unlawful.

• “Actus non facit reum nisi mens sit rea”.

The act itself does not make a man guilty unless
his intention were so.
• “Actus me invito factus non est meus actus”.
An act done by me against my will is not my
act.
CRIMINAL INTENT CAN BE CATEGORIZED INTO TWO:

1. General Criminal Intent:

This is presumed from the mere doing of a wrong act. So
this does not require proof, the burden is upon the
wrongdoer to prove that he acted without such criminal
intent.

2. Specific Criminal Intent:

This is 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 or intent to gain in
Robbery or Theft.
The prosecution has the onus probandi.
INTENT DISTINGUISHED FROM MOTIVE:
INTENT MOTIVE
Purpose to use a Reason/ moving
particular means to power which impels
bring about a desired one to action for a
result (not a state of definite result
mind, not a reason for
committing a crime) When there is motive
If intentional, a crime in the commission of
cannot be committed a crime, it always
without intent. Intent is comes before intent.
sometimes manifested But it is not an
by the instrument used essential element of
by the offender. a crime.
 MOTIVE, WHEN RELEVANT:
1. When the identity of the accused is in dispute
2. For purposes of defense
3. In determining the sanity of the accused
4. In indirect assault (Art. 249)
5. When there are no eyewitnesses and suspicion is
likely to fall on a number of suspects
6. In defense of strangers (Art. 11, par. 3)
7. When the evidence is circumstantial.
8. When there are two antagonistic versions of the
killing.
WHEN MOTIVE NOT NECESSARY:
1. The identity is known/ positive identification.
2. Where the accused admits the crime.
 MISTAKE OF FACT:

• Misapprehension of fact on the part of the person who

caused injury to another. He is not, however, criminally
liable because he did not act with criminal intent.
• Ignorantia facti excusat.

• Requisites of mistake of fact as a defense:

a. The act done would have been lawful had the facts
been as the accused believed them to be.
b. The intention of the accused in performing the act is
lawful.
c. The mistake was without fault or carelessness on the
part of the accused.
REQUISITES OF CULPA:
1. Criminal NEGLIGENCE on the part of the offender
— The crime was the result of negligence, reckless
imprudence, lack of foresight, or lack of skill.

2. FREEDOM of action in doing the act — He did not

act under duress.

3. INTELLIGENCE on the part of the offender in

performing the negligent act.
MALA IN SE AND MALA PROHIBITA,
DISTINGUISHED:
MALA IN SE:
1. Criminal liability is based on the moral trait of the offender,
thus, liability would only arise when there is dolo or culpa in
the commission of the punishable act.
2. Good faith or lack of criminal intent is a valid defense, unless
the crime is the result of culpa.
3. The degree of accomplishment of the crime is taken into
account in punishing the offender. Thus, there are attempted,
frustrated, and consummated stages in the commission of a
crime.
4. When there is more than one offender, the degree of
participation of each in the commission of the crime is taken
into account in imposing the penalty. Thus offenders are
classified as principals, accomplice, and accessory.
MALA PROHIBITA
1. The moral trait of the offender is not considered. It is
enough that the prohibited act be voluntarily done.
2. Good faith is not a defense.
3. The act gives rise to a crime only when it is
consummated.
4. Mitigating and aggravating circumstances are not
taken into account in imposing the penalty, because the
moral trait of the offender is not considered.
5. The degree of participation of any offender is not
considered.
 HOW CRIMINAL LIABILITY IS INCURRED

Article 4. Criminal liability is incurred:

(a) by any person committing a felony, although the
wrongful act be different from that intended;
(b) by any person committing any act which would be
an offense against persons or property were it not
for the inherent impossibility of its accomplishment or
on account of the employment of inadequate means.
THREE SITUATIONS COVERED BY ARTICLE 4, PARAGRAPH 1
a. ABERRATIO ICTUS
(Mistake in the Blow):
The case will be subject to the provisions of Art. 48
on Complex Crimes.
b. PRAETER INTENTIONEM
(The Blow went beyond the intent):
The offender, though, may be entitled to the
mitigating circumstance of “lack of intent to commit
so grave a wrong as that committed” under
paragraph 3 of Article 13.
c. ERROR IN PERSONAE
(Mistake in the Identity of the Victim)
The penalty for the offender will be covered by the
provisions of Article 49 of the Revised Penal Code.
RATIONALE FOR THE RULE IN ARTICLE 4:
“EL QUE ES LA CAUSA DE LA CAUSA ES LA CAUSA DEL MAL
CAUSADO”.

• PROXIMATE CAUSE: That cause which, in natural

and continuous sequence, unbroken by any efficient
supervening cause, produces the injury and without
which the result would not have occurred.
• A proximate cause is not necessarily the immediate
cause. This may be a cause which is far and remote
from the consequence which sets into motion other
causes which resulted in the felony.
 When is death presumed to be the natural
consequence of the physical injuries that had been
inflicted:
1. The victim at the time the physical injuries were
inflicted was in good health
2. Death may be expected because of the physical
injuries
3. Death ensued within a reasonable time

However, the injury is NOT the DIRECT, NATURAL and

LOGICAL consequence of the felony committed (or
proximate cause):
• If the consequences produced have resulted from
a DISTINCT ACT or FACT ABSOLUTELY FOREIGN
from the criminal act.
IMPOSSIBLE CRIME, defined.

It 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.

Requisites of an IMPOSSIBLE CRIME:

1. The act performed would be an offense against persons or

property;
2. The act was done with evil intent;
3. Its accomplishment is inherently impossible, or that the means
employed is either inadequate or ineffectual;
4. The act performed should not constitute a violation of another
provision of the Revised Penal Code.
Nature of Impossibility:
• The inherent impossibility contemplated under Article
4, paragraph 2 is either legal, factual or physical
impossibility.

1. Legal Impossibility
There is legal impossibility if the intended acts, even if
completed, would not amount to a felony.

2. Factual or Physical Impossibility

There is factual or physical impossibility where
extraneous circumstances unknown to the actor or
beyond his control prevent the consummation of the
intended felony.
Article 5. Duty of the court in connection with acts which should
be repressed but which are not covered by law, and cases of
excessive penalties. – Whenever a court has knowledge
of any act which it may deem proper to repress and which is not
punishable by law, it shall render the proper decision, and
shall report to the Chief Executive, through the Department of
Justice, the reasons which induce the court to believe that said
act should be made the subject of penal legislation.

In the same way the court shall submit to the Chief Executive,
through the Department of Justice, such statement or report as
may be deemed proper, without suspending the execution of
the sentence, when a strict enforcement of the provisions of this
code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the
injury caused by the offense.
STAGES OF EXECUTION
Article 6. Consummated, frustrated, and attempted
felonies. – Consummated, as well as those which are
frustrated and attempted are punishable.
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present;
and it is frustrated when the offender performs all
the acts of execution which would produce the felony
as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will
of the perpetrator.
There is an attempt when the offender commences the
commission of a felony directly by overt acts, and
does not perform all the acts which should produce the
felony by reason of some cause or accident other than
his own spontaneous desistance.
 STAGES IN THE DEVELOPMENT OF A CRIME:

1. Internal Acts:
“ No man deserves a punishment for a thought”.
2. External Acts:
a. Preparatory Acts:
These are ordinarily NOT punishable, except when the law
provides for their punishment in certain cases.
b. Acts of Execution:
These are already punishable under the Revised Penal
Code.
I. ATTEMPTED STAGE:

• There is an attempt when the offender commences the

commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the
felony by reason of some cause or accident other than his
own spontaneous desistance.

• OVERT ACTS: These refer to 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 or
by voluntary desistance of the perpetrator, will logically
and necessarily ripen into a concrete offense.
 IMPORTANT PHRASES IN THE ATTEMPTED STAGE OF
A FELONY:

1. Directly by overt acts: The term comprehends the fact

that the offender MUST PERSONALLY EXECUTE the
felony

2. Does not perform all the acts of execution

3. By reason of a CAUSE or ACCIDENT

4. Other than his own spontaneous desistance

SUBJECTIVE PHASE: that portion of the acts constituting the crime,
starting from the point where the offender begins the commission of
the crime to that point where he has still control over his acts, including
their natural course.
II. FRUSTRATED FELONY:
The felony is frustrated when the offender performs all the acts
of execution that would produce the felony as a consequence
but the felony is nevertheless not produced by reason of causes
independent of the will of the perpetrator.

Requisites:
1. The offender performs all acts of execution
2. All acts performed would produce the felony as a
consequence
3. But the felony is not produced
4. By reason of causes independent of the will of the
perpetrator.
III. CONSUMMATED FELONY:

When all the elements necessary for its execution and

accomplishment are present.

When not all the elements are proved, the

consequences are:
1. The felony is not consummated.
2. The felony is not committed.
3. Another felony is committed.
 TO DETERMINE WHETHER THE CRIME IS ONLY
ATTEMPTED, FRUSTRATED OR CONSUMMATED, WE
SHOULD CONSIDER:
A: THE NATURE OF THE CRIME:

B. THE ELEMENTS CONSTITUTING THE FELONY:

C: THE MANNER OF COMMITTING THE SAME:

1. FORMAL CRIMES: These are consummated in one instant.
2. Crimes consummated by mere attempt or proposal by overt
act
3. Felony by omission
4. Crimes requiring the intervention of two persons to commit
them are consummated by mere agreement,
5. MATERIAL CRIMES: These have three stages of execution
ARTICLE 7. WHEN LIGHT FELONIES ARE
PUNISHABLE.

Light felonies are punishable

only when they have been
consummated, with the
exception of those committed
against persons or property
ARTICLE 9. GRAVE FELONIES, LESS GRAVE FELONIES,
AND LIGHT FELONIES.
Grave felonies are those to which the law attaches
the capital punishment or penalties which in any of
their periods are afflictive, in accordance with article
25 of this Code.
Less grave felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned
article.
Light felonies are those infractions of law for the
commission of which the penalty of arresto menor or a
fine not exceeding 200 pesos or both, is provided.
PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16: Who are criminally liable: The following

are criminally liable for grave and less grave
felonies:
1. Principals
2. Accomplices
3. Accessories

For light felonies:

1. Principals
2. Accomplices
 CLASSIFICATION OF PENALTIES

Art. 25. PRINCIPAL PENALTIES

Capital Punishment:
• Death
Afflictive Penalties:
• Reclusion Perpetua
• Reclusion Temporal
• Perpetual or temporary absolute disqualification
• Perpetual or temporary special disqualification
• Prision mayor
Correccional Penalties:
• Prision correccional
• Arresto Mayor
• Suspension
• Destierro
Light Penalties:
Arresto menor
Public censure

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 cost.
 Art. 26. Fine – When afflictive, correctional, or light
penalty.
A fine, whether imposed 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.
A light penalty, if it be less than 200 pesos.

• If the penalty is exactly P 200.00 – light – if the

prescription of the felony is in question.
• It is correctional if the prescription of the penalty is in
question.
 DURATION AND EFFECT OF PENALTIES

Art. 27. Reclusion perpetua. 20 years and 1 day to forty years.

Reclusion temporal. 12 years and 1 day to 20 years.

Prision mayor and temporary disqualification. 6 years and 1 day to 12 years, except
when the disqualification is imposed as an accessory penalty, its duration shall be
that of the principal penalty.

Prision correccional, suspension and destierro. 6 months and 1 day to 6 years, except
when suspension is imposed as an accessory penalty, its duration shall be that of
the principal penalty.

Arresto mayor. 1 month and 1 day to 6 months

Arresto menor. 1 day to 30 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 THREE-FOLD RULE
Notwithstanding the provisions of the rule next
preceding, the maximum duration of the convict’s
sentence shall not be more than threefold 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 of those imposed equals the said 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.
Article 8. CONSPIRACY AND PROPOSAL TO
COMMIT FELONY. – Conspiracy and proposal to
commit felony are punishable only in the cases in
which the law specially provides a penalty
therefor.
A conspiracy exists when two or more persons
come to an agreement concerning the commission
of a felony and decide to commit it.
There is proposal when the person who has
decided to commit a felony proposes its execution
to some other person or persons.
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

• Basically, there are five (5) circumstances which affect criminal liability:
JUSTIFYING CIRCUMSTANCES: Those where the acts of a person are said
to be in accordance with the law, so that he had not transgressed the law,
and has no criminal or civil liability, save in Paragraph 4 of Article 11
where the civil liability is borne by the person benefited by the act.
EXEMPTING CIRCUMSTANCES: Those where there is an absence of the
element of voluntariness, and thus, though there is a crime, there is still no
criminal liability.
MITIGATING CIRCUMSTANCES: Those that have the effect of reducing the
penalty because there is a diminution of any of the elements of DOLO or
CULPA which makes the act voluntary or because of the lesser perversity
of the offender.
AGGRAVATING CIRCUMSTANCES: Those which serve to increase the
penalty without exceeding the maximum provided by law because of the
greater perversity of the offender as shown by the motivating power of
the commission of the crime, the time and place of its commission, the
means employed or the personal circumstances of the offender.
ALTERNATIVE CIRCUMSTANCES: Those which are either aggravating or
mitigating according to the nature and effects of the crime and other
conditions attending its commission.
Article 11. JUSTIFYING CIRCUMSTANCES. – The following do
not incur any criminal liability:
Paragraph 1. SELF-DEFENSE:
Anyone who acts in defense of his person or
rights, provided that the following
circumstances concur:
1. Unlawful aggression
2. Reasonable necessity of the means employed
to repel it;
3. Lack of sufficient provocation on the part of
the person defending himself.
 Art. 11, Paragraph 2. DEFENSE OF RELATIVES:
Anyone who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural, or adopted brothers or
sisters or of his relatives by affinity in the same degrees, and those
by consanguinity within the fourth civil degree, provided that the first
and second requisites prescribed in the next preceding circumstance
are present, and the further requisite , in case the provocation was
given by the person attacked, that the one making defense had no part
therein.

RELATIVES WHO CAN BE DEFENDED:

1. Spouse
2. Ascendants
3. Descendants
4. Legitimate or illegitimate or adopted brothers or sisters, or
relatives by affinity in the same degree
5. Relatives by consanguinity within the fourth civil degree.
 DEFENSE OF STRANGERS:
Anyone who acts in defense of the person or rights
of a stranger, provided that the first and second
requisites mentioned in the first circumstance of
this article are present and that the person
defending be not induced by revenge, resentment
or other evil motive.

• Who are strangers? Any person not included in the

enumeration of relatives mentioned in paragraph 2
of this article is considered a stranger for the
purpose of paragraph 3.
 AVOIDANCE OF GREATER EVIL OR INJURY:
Any person who, in order to avoid an evil or
injury, does an act which causes injury to
another, provided that the following requisites
are present:
First. That the evil sought to be avoided actually
exists;
Second. That the injury feared be greater than
that done to avoid it;
Third. That there be no other practical or less
harmful means of preventing it.
 FULFILLMENT OF DUTY OR LAWFUL
EXERCISE OF RIGHT OR OFFICE:
Any person who acts in the fulfillment of
duty or in the lawful exercise of a right or
office.
Requisites:
(a) That the accused acted in the performance
of a duty or in the lawful exercise of a right or
office;
(b) That the injury caused or the offense
committed be the necessary consequence of
the due performance of duty or the lawful
exercise of such right or office.
 OBEDIENCE TO AN ORDER LAWFULLY
ISSUED FOR SOME LAWFUL PURPOSE:
Any person who acts in obedience to an
order issued by a superior for some
lawful purpose.
Requisites:
(a) That an order has been issued by a
superior.
(b) That such order must be for some legal
purpose.
(c) That the means used by the subordinate to
carry out said order is lawful.
EXEMPTING CIRCUMSTANCES

NON-IMPUTABILITY: these are the grounds for exemption from punishment

because there is wanting in the agent of the crime any of the conditions which
make the act voluntary or negligent.

Article 12. Circumstances which exempt from criminal liability. – The following
are exempt from criminal liability:

Paragraph 1:
An imbecile or an insane person, unless the latter has acted during a lucid
interval.

IMBECILITY:
One who, while advanced in age, has a mental development comparable to that
of children between two and seven years. This circumstance is exempting in ALL
CASES.
INSANITY:
This is exempting, unless one acted during a lucid interval. To constitute insanity,
there must be complete deprivation of intelligence or that there be a total
deprivation of the freedom of the will.
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraphs 2 and 3
2. A person under nine (9) years of age.
3. A person over nine (9) years of age and under fifteen (15), unless he
has acted with discernment, in which case, such minor shall be
proceeded against in accordance with article 192 of PD 603.

NOTE: On April 28, 2006, Gloria Arroyo signed into law Republic
Act No. 9344 otherwise known as the “JUVENILE JUSTICE and
WELFARE ACT OF 2006”. The law became effective on May 21,
2006.

Under RA 9344 minors aged fifteen (15) and below are now
absolutely exempt from criminal liability. If a minor above fifteen
(15) but below eighteen (18) commits a crime, he is not exempt from
criminal liability unless it is shown that he acted with discernment.
However, should the minor above fifteen (15) but below eighteen be
found guilty, RA 9344 also mandates the Courts to automatically
suspend the sentence. In all cases, the minor offender must be
referred to the appropriate government agency for rehabilitation.
EXEMPTING CIRCUMSTANCES
Article 12, Paragraph 4 :Any person who, while performing
a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.

Elements:
(a) A person is performing a lawful act
(b) With due care
(c) He causes injury to another by mere accident
(d) Without fault or intention of causing it.

ACCIDENT: Something that happens outside the sway of our

will, and although it comes through some act of our will, lies
beyond the bounds of humanly foreseeable consequences.
EXEMPTING CIRCUMSTANCES

Article 12, Paragraph 5: Any person who acts under the

compulsion of an irresistible force.

Elements:
a. The compulsion is by means of physical force.
b. The physical force is irresistible.
c. The physical force comes from a third person.

 The irresistible force must produce such an effect upon the

individual that, in spite of all resistance, it reduces him to a
mere instrument, and as such, incapable of committing a crime.
He must act not only without a will, but against his will.
 EXEMPTING CIRCUMSTANCES

Article 12, Paragraph 6: Any person who acts under the

impulse of an uncontrollable fear of an equal or greater
injury.

Elements:
a. That the threat which caused the fear is of an evil greater than
or at least equal to, that which he is required to commit.
b. That it promises an evil of such gravity and imminence that the
ordinary man would have succumbed to it.

• A person is compelled to commit a crime by another, but the

compulsion is by means of intimidation or threat, not by force
or violence. (Otherwise, the accused would be liable for Grave
Coercion)
 EXEMPTING CIRCUMSTANCES
Article 12, Paragraph 7: Any person who fails to perform an act
required by law, when prevented by some lawful or insuperable
cause.

Elements:
a. An act is required by law to be done.
b. A person fails to perform such act/s.
c. The failure to perform the act was due to some lawful or insuperable cause.

LAWFUL CAUSE: Privileged Communication Rule – Under the Rules on Evidence, certain
persons in a relationship (such as that between spouses or between an Attorney and his
Client) are prohibited from testifying in Court as to any information that the parties
received, during the existence of the said relationship. The information so received is
considered privileged communication, and thus causes a lawful cause to exempt a person
from criminal liability should he not divulge the information, even on pain of criminal
prosecution.

INSUPERABLE CAUSE: The distance which prevented an officer from transporting an

arrested person to the nearest authorities exempts the officer from liability for a Violation
of the provisions of Article 125 of the Revised Penal Code punishing the crime called
Delay in the Delivery of the Detained Prisoners to the Proper Judicial Authorities.
 CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
CLASSES:
1. Ordinary Mitigating Circumstances: Those enumerated in subsections 1 to
10 of Article 13.
2. Privileged Mitigating Circumstances:
a. Article 68: The penalty to be imposed upon a person under 18 years of
age:
nine (9) but under fifteen (15), with discernment – A discretionary penalty is
imposed but ALWAYS LOWER by TWO degrees.
Over fifteen (15) and under eighteen (18) – The penalty NEXT LOWER than
that imposed by law, but always in the proper period.
b. Article 69: The penalty to be imposed when the crime is not wholly
excusable:
c. Article 64: Rules for the application of penalties with three periods:
Determine whether there are present mitigating or aggravating
circumstances – Thus: Where there are two (2) mitigating circumstances
without any aggravating circumstances, the penalty NEXT LOWER shall be
imposed, according to the number and nature of such circumstance.
d. PRIVILEGED MITIGATING CIRCUMSTANCES applicable only to
particular crimes
THE FOLLOWING ARE THE MITIGATING CIRCUMSTANCES:
Article 13, Paragraph 1: Those mentioned in the preceding
chapter, when all the requisites necessary to justify the act or to exempt
from criminal liability in the respective cases are not attendant

Article 13, Paragraph 2: That the offender is under 18 years of age or

over 70 years. In the case of the minor, he shall be proceeded against in
accordance with article 192 of PD 603.

This provision contemplates the following:

• An offender over 9 but under 15 years of age who acted with
discernment.
• An offender 15 or over but under 18 years of age (Art. 68)
• An offender who is over 70 years old.

Article 13, Paragraph 3: That the offender had no intention to commit so

grave a wrong as that committed.
• This is covered by the circumstance referred to as Praeter Intentionem
– or that “the blow went beyond the intent”.
 MITIGATING CIRCUMSTANCES

Article 13, Paragraph 4: That sufficient provocation

or threat on the part of the offended party
immediately preceded the act.

• PROVOCATION: Any unjust or improper conduct or act

of the offended party, capable of exciting, inciting or
irritating any one.
• Requisites:
• That the provocation must be sufficient.
• It must originate from the offended party.
• The provocation must be immediate to the act, i.e., to
the commission of the crime by the person who is provoked.
 MITIGATING CIRCUMSTANCE

Article 13, Paragraph 5: That the act was committed in

the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants,
descendants, legitimate or illegitimate or adopted brothers
or sisters, or relatives by affinity within the same degree.
• Requisites:
• That there be a grave offense done to the one committing the
felony, his spouse, ascendants, descendants, legitimate, natural
or adopted brothers or sisters, or relatives by affinity within
the same degrees.

• The felony is committed in vindication of such grave offense. A

LAPSE OF TIME is allowed between the vindication and the
doing of the grave offense.
 MITIGATING CIRCUMSTANCE
Article 13, Paragraph 6: That of having acted upon an impulse so powerful as
naturally to have produced passion or obfuscation.

Reason: When there are causes naturally producing in a person powerful

excitement, he loses his reason and self-control, thereby diminishing exercise of his
will power.

• Passion or obfuscation is mitigating only when the same arose from lawful
sentiments. It is not mitigating when:
(a) The act is committed in a spirit of lawlessness;
(b) The act is committed in a spirit of revenge.

Requisites:
• There must be an act, both unlawful and sufficient to produce such a condition of
mind and
• Said act, which produced the obfuscation, was not far removed from the
commission of the crime by a considerable length of time, during which the
perpetrator may recover his equanimity.
 MITIGATING CIRCUMSTANCE
• Article 13, Paragraph 7: That the offender
had voluntarily surrendered himself to a person
in authority or his agents, or that he had
voluntarily confessed his guilt before the court
prior to the presentation of evidence for the
prosecution.
There are two mitigating circumstances in this
paragraph:
• Voluntary surrender to a person in authority or
his agents;
• Voluntary plea of guilt.
 MITIGATING CIRCUMSTANCE

Article 13, Paragraph 8: That the offender is deaf and dumb,

blind, or otherwise suffering some physical defect which thus
restricts his means of action, defense or communication with
his fellow beings.

Article 13, Paragraph 9: Such illness of the offender as would

diminish the exercise of the will power of the offender without
however depriving him of the consciousness of his acts.
Requisites:
• The illness of the offender must diminish the exercise of his
will power.
• That such illness should not deprive the offender of the
consciousness of his acts.
 MITIGATING CIRCUMSTANCE

• Article 13, Paragraph 10: Any other

circumstance of a similar nature and
analogous to the aforementioned.

This provision authorizes the Court to consider in

favor of the accused “any other circumstance of
a similar nature and analogous to those
mentioned” , with reference to the provisions of
paragraphs 1 to 9 of Article 13.
 AGGRAVATING CIRCUMSTANCES
Four Kinds of Aggravating Circumstances:

1.GENERIC: Those that can generally apply to all crimes.

e.g. Dwelling, nighttime, or recidivism
In Article 14, paragraphs 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, 20
except “by means of motor vehicles” are generic.
2. SPECIFIC: Those that apply only to particular crimes.
e.g. Ignominy in crimes against Chastity or cruelty and treachery in crimes
against Persons. Thus, Paragraph 3 (except dwelling), 15, 16, 17, and 21, of
Art. 14 are specific.
3. QUALIFYING: Those that change the nature of the crime.
e.g. Alevosia (treachery) or evident premeditation; Article 248 also
enumerates the Qualifying Aggravating Circumstances which qualify Homicide to
Murder.
4. INHERENT: Those that must of necessity accompany the commission of the crime.
(Art. 62, paragraph 2)
e.g. Evident Premeditation is inherent in Robbery, Theft, Estafa, Adultery and
Concubinage.
 AGGRAVATING CIRCUMSTANCES

Article 14, Paragraph 1. That advantage be taken by the offender of his

public position.

• The Public Officer must use the influence, prestige of ascendancy, which his
office gives him as the means by which he realizes his purpose. The Question
is: “Did the accused abuse his office in order to commit the crime?”

Article 14, paragraph 2: That the crime be committed in contempt of or with

insult to the public authorities.
Requisites:
• The public authority is engaged in the discharge of his duties.
• He who is thus engaged in the exercise of his functions is NOT the person
against whom the crime is committed;
• The offender knows of the identity of the public authority.
• The presence had not prevented the offender from committing the criminal act.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 3: That the act be committed with insult or in
disregard of the respect due to the offended party on account of his rank,
age, or sex, or it be committed in the dwelling of the offended party, if
the latter has not given provocation.

Insult or disregard of respect on account of:

1. The rank of the offended party:
There must be a difference in the social condition of the offender
and the offended party.
2. The age of the offended party:
This applies where the victim is of tender age or old age and is not
aggravating in Robbery with Homicide or other crimes against property.
3. Sex:
This is NOT considered:
(a) When the offender acted with passion and obfuscation;
(b) When there exists a relationship between the offended party and the
offender;
 AGGRAVATING CIRCUMSTANCE
• DWELLING: A building or structure exclusively used for rest
and comfort. A “combination house and store” or a market stall
where the victim slept is NOT a dwelling. And Dwelling should
not be understood in the concept of domicile.
• Evidence must clearly show that the defendant entered the house
of the deceased to attack him (People vs. Manuel, 29 SCRA 337).
• A condition sine qua non is that the offended party “has not given
provocation” to the offender.
• Meaning of provocation in the aggravating circumstance of
dwelling – The Provocation must be:
1. Given by the owner of the dwelling;
2. Sufficient and
3. Immediate to the commission of the crime.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 4: That the act be committed with (1)
abuse of confidence or (2) obvious ungratefulness.
• ABUSE OF CONFIDENCE: Exists only when the offended party
has TRUSTED THE OFFENDER who later abuses such trust by
committing the crime. The abuse of confidence must be a
means of facilitating the commission of the crime, the culprit
taking advantage of the offended party’s belief that the former
would NOT abuse said confidence.
Requisites:
• The offended party has trusted the offender.
• The offender abused such trust by committing a crime against
the offended party.
• The abuse of confidence facilitated the commission of the crime.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 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.

Article 14, Paragraph 6: That the crime be committed (1) in the

nighttime or (2) in an uninhabited place, or (3) by a band, whenever such
circumstances may facilitate the commission of the offense.
• If they concur in one and the same felony, there is only ONE aggravating
circumstance unless the elements are distinctly perceived and can subsist
independently, revealing a greater degree of perversity.
• Nighttime, uninhabited place, and by a band, when aggravating:
1.When it facilitated the commission of the crime;
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.
• NIGHTTIME: That period of darkness beginning at the end of dusk and
ending at dawn. Nights are from sunset to sunrise. (Art. 13, New Civil Code)
 AGGRAVATING CIRCUMSTANCE
Uninhabited place: One where there are no houses at all, a
place at a considerable distance from town, or where the
houses are scattered at a great distance from each other.

By a band: Whenever more than three armed malefactors

shall have acted together in the commission of an offense, it
shall be deemed to have been committed by a band. If
one of the four (4) armed persons is a principal by
inducement, they do not form a band.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 7: That the crime be committed on

the occasion of a conflagration, shipwreck, earthquake,
epidemic, or other calamity or misfortune.
Article 14, Paragraph 8: That the crime be committed
with the aid of armed men or persons who insure or
afford impunity.
• Requisites:
• Armed men took part in the commission of the crime,
directly or indirectly.
• The accused availed of their aid or relied upon them
when the crime was committed.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 9: That the accused is a recidivist.

• Recidivist: One who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the
same title of the Revised Penal Code.

Article 14, Paragraph 10: That the offender has been previously
punished for an offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a lighter penalty.

• Requisites of reiteracion or habituality:

1. The offender is on trial for an offense;

2. He previously served sentence for another offense to which the law
attaches an equal or greater penalty, or for 2 or more crimes to which it
attaches a lighter penalty than that for the new offense.
3. He is convicted of the new offense.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 11: That the crime be

committed in consideration of a price, reward,
or promise.

Article 14, Paragraph 12: That the crime be

committed by means of inundation, fire,
poison, explosion, stranding of a vessel or
intentional damage thereto, derailment of a
locomotive, or by the use of any other artifice
involving great waste and ruin.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 13: That the act be committed

with the evident premeditation.

• To prove evident premeditation, the following

requisites must be proven:
1. The time when the accused determined to commit
the crime.
2. An act manifestly indicating that the accused has
clung to his determination and
3. A sufficient lapse of time between such
determination and execution, to allow him to reflect
upon the consequences of his act and allow his
conscience to overcome the resolution of his will.
 AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 14: That (1) craft, (2)
fraud, or (3) disguise be employed.

Article 14, Paragraph 15: That advantage be

taken of superior strength, or means be
employed to weaken the defense.
• To take advantage of superior strength means
to use purposely excessive force out of
proportion to the means of defense available to
the person attacked.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 16: That the act be

committed with treachery (alevosia). There is
treachery when the offender commits any of the
crimes against the person, employing means,
methods or forms in the execution thereof which
tend directly and specially to insure its
execution, without risk to himself arising from the
defense which the offended party might make.
AGGRAVATING CIRCUMSTANCE
Article 14, Paragraph 17: That means be employed
or circumstances brought about which add ignominy
to the natural effects of the act.
• Ignominy: Circumstance pertaining to the moral order,
which adds disgrace and obloquy to the material
injury caused by the crime.
• This is applicable to crimes against chastity, less
serious physical injuries, light or grave coercion, and
murder.
Article 14, Paragraph 18: That the crime be
committed after an unlawful entry.
• Unlawful entry: When an entrance is effected by a
way not intended for the purpose.
 AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 19: That as a means

to the commission of a crime a wall, roof,
floor, door, or window be broken.
Article 14, Paragraph 20: That the crime be
committed (1) with the aid of persons under
fifteen years of age, or (2) by means of
motor vehicle, airships, or other similar
means.
 AGGRAVATING CIRCUMSTANCES
Article 14, Paragraph 21: That the wrong done
in the commission of the crime be deliberately
augmented by causing other wrong not
necessary for its commission.
• Cruelty: When the culprit enjoys and delights in
making his victim suffer slowly and gradually,
causing him unnecessary physical pain in the
consummation of the criminal act.
 ALTERNATIVE CIRCUMSTANCES
Art. 15: Alternative Circumstances: Those which must be
taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and other
conditions attending its commission.
• 1. RELATIONSHIP:
• This is taken into consideration when the offended party is:
1. spouse
2. ascendant
3. descendant
4. legitimate/ illegitimate brother or sister
5. relative by affinity in the same degree as the offender
ALTERNATIVE CIRCUMSTANCES
2. INTOXICATION:
• It is mitigating (1) if not habitual, or (2) if not subsequent to the
plan to commit a felony.
• It is aggravating (1) if habitual or (2) intentional.
• It is considered intentional if the offender drinks liquor fully
knowing its effects, to find in the liquor a stimulant to commit a
crime or a means to suffocate any remorse and the habit,
however, should be actual and confirmed.
• To be entitled to this mitigating circumstance, it must be shown
that:
(a) At the time of the commission of the criminal act, he has
taken such quantity of alcoholic drinks as to blur his reason and
deprive him of a certain degree of control and
(b)Such intoxication is not habitual, nor subsequent to any plan
to commit a felony.
 ALTERNATIVE CIRCUMSTANCES
3. DEGREE OF INSTRUCTION AND EDUCATION OF
THE OFFENDER:
• A low degree of education or the lack of it is
generally mitigating in all crimes EXCEPT:
1. It is not mitigating in crimes against property, such as
Theft, Estafa, Robbery and Arson;
2. Not mitigating in crimes against Chastity (Adultery);
3. Not mitigating in Treason as love of country is the
natural feeling of every citizen;
4. Not mitigating in murder.
 ART. 17. PRINCIPALS
1. Those who take a direct part in the execution
of the act;

2. Those who directly force or induce others to

commit it;

3. Those who cooperate in the commission of the

offense by another act without which it would
not have been accomplished.
 ART. 18. ACCOMPLICES
These are persons who, not being included in
Art. 17, cooperate in the execution of the
offense by previous or simultaneous acts.

• QUASI-COLLECTIVE CRIMINAL
RESPONSIBILITY: This comprehends a situation
where some are principals while the others are
accomplices.
 ART. 19. ACCESSORIES
• Accessories are those who, having knowledge of the commission
of the crime, and without having participated therein, either as
principals or accomplices, take part subsequent to its commission
in any of the following manners:
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, or an attempt to
take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.