CRIMINAL LAW (6th Week) c. Memorize Article 17.

a. Memorize Article 16. Article 17. Principals. - The following are

considered principals:
PERSONS CRIMINALLY LIABLE FOR FELONIES
1. Those who take a direct part in the
Article 16. Who are criminally liable. - The
execution of the act;
following are criminally liable for grave and less
grave felonies: 2. Those who directly force or induce
others to commit it;
1. Principals.
3. Those who cooperate in the
2. Accomplices.
commission of the offense by another act
3. Accessories. without which it would not have been
accomplished.
The following are criminally liable for light
felonies: d. Discuss the three kinds of principals and
their respective requisites.
1. Principals
A. BY DIRECT PARTICIPATION (PDP)
2. Accomplices.
A. This refers to those who actually and directly
b. May a corporation be held criminally liable?
take part in the execution of the act. In all
Philippine law generally does not impose crimes there must always be those who actually
corporate liability for the commission of crimes. perform the act which brings about the crime.
Rather, it is the directors, officers or employees They may be only one person or more.
of the corporation who are held responsible for Whenever there are two or more involved in a
crimes and therefore also charged and crime, it becomes necessary to find out those
penalized for the same. who actually executed the act so that all may be
held equally liable.
However, if the penal law creates an offense for
which a corporation may be punished and then
B. To hold two or more persons as principals by
prescribes a fine, or both fine and imprisonment
direct participation, it must be shown that there
as penalty, a corporation may be prosecuted
exists a conspiracy between and among them.
and, if found guilty, may be fined.
This is not the conspiracy punished as a crime
On the other hand, if the statute defines a crime but the conspiracy as a mode or manner of
that may be committed by a corporation but incurring criminally or that legal relationship
prescribes that the penalty be imposed on the whereby, in the eyes of the law, it may be said
officers, directors or employees of such that the act of any one is the act of all.
corporation or other persons responsible for
II. For conspiracy to exist, there be an
the offense, only such individuals will suffer
intentional felony, not a culpable felony, and it
such penalty.
must be proved that all those to be considered
as PDPs performed the following:
 accomplished prior to the actual carrying out of
the crime conspired such: his role was to
A. ( Unity of Intention) They participated, conduct surveillance or to obtain data or
agreed, or concurred in the criminal design, information about the place or the victims; to
intent or purposes or resolution. purchase the tools or weapons, or the get away
vehicle, or to find a safe house
1. This participation may be prior to the actual
execution of the acts which produced the crime d). His role/participation is to be executed
( Anterior Conspiracy ) or it may be at the very simultaneously but elsewhere, such as by
moment the acts are actually being executed creating a diversion or in setting up a blocking
and carried out ( Instant Conspiracy). force

2. Hence it is not necessary to prove that before e). His role/participation is after the execution
the commission of the crime, the several of the main acts such as guarding the victim;
accused actually came and met together to plan looking for a buyer of the loot; “laundering” the
or discuss the commission of the crime. proceeds of the crime

3. “Spontaneous agreement or active III. Participation in both ( Intention and Action)

cooperation by all perpetrators at the moment is necessary because:
of the commission of the crime is sufficient to
create a joint criminal responsibility” ( Sim Jr. vs. A. Mere knowledge, acquiescence or
CA, 428 SCRA 459) agreement to cooperate, is not enough to
constitute one as a party to a conspiracy,
B. (Unity of Action ). All participated in the absent any active participation in the
execution or carrying out of the common commission of the crime, with a view to the
intent, design, purpose or objective by acts furtherance of the criminal design and
intended to bring about the common purpose. Conspiracy transcends
objective. companionship

1. Each must have performed an act, no matter B. He who commits the same or similar acts on
how small or insignificant so long as it was the victim but is a stranger to the conspiracy is
intended to contribute to the realization of the separately liable. Simultaneous acts by several
crime conspired upon. This requires that the persons do not automatically give rise to
principal by direct participation must be at the conspiracy.
crime scene, except in the following instances:
C. Examples :
a). When he is the mastermind 1. X joined in the planning of the crime but was
unable to join his companions on the day of the
b). When he orchestrates or directs the actions crime because he was hospitalized. He is not
of the others from some other place liable.

c). His participation or contribution was already 2. X is the common enemy of A and B who are
strangers to one another. Both A and B chanced
upon X. A stabbed X while B shot him. A and B This also serves as an aggravating circumstance
will have individual liabilities. which will affect both the giver and the
recipient.
D. Exception: When a person joins a conspiracy
after its formation, he thereby adopts the B. By giving Words of Command.
previous acts of the conspirators which are 1. The utterer must have an ascendancy or
admissible against him. This is under the influence over the PDP, or is one entitled to
Principle of Conspiracy by Adoption. obedience from the PDP

B. PRINCIPALS BY INDUCEMENT (PI) 2. The words must be so direct, so efficacious,

so powerful and persistently made, as to
Concept: Those who induce (PDP) to commit a
amount to physical or moral force
crime either by: (a) force (b). inducement

3. Must be made directly with the intention of

II. The use of force involves the application of
procuring the commission of the crime and is
either:
therefore the determining cause and it thus
precedes the crime
A. Active force or material force upon the
person of the PDP, resulting to serious bodily
4. They do not include thoughtless or imprudent
injury, to such a degree that the PDP is left with
utterances. Mere advises, counsel or
no choice but to do as ordered or
suggestions or exhortations.

B. Instilling fear of the commission or infliction

C. By the use of Inciting Words. These are
of an equal or greater injury or evil either to the
words uttered while a crime is going on by one
PDP or the latter’s family or even to a third
who is present and are directed to a participant
person.
in the crime, such as the words “ sige pa, kick
him, kill him, bugbugin mo”. The following
The PDP may set up the use of force as an
must however be considered
exempting circumstance.

1. Whether the words were uttered by one with

III. Inducement connotes that there was an
moral ascendancy over the accused and to
agreement or conspiracy between the PI and
whom obedience is due from the accused
the PDP. The inducement assumes several
forms such as the following:
2. Whether the utterances were the result of
the excitement generated by the situation or
A. By the giving of a price, promise or reward.
that the utterer was caught up in his own
This must be made with the intention of
excitement or emotion, or whether the uttrerer
procuring the commission of the crime and not
was coolly and deliberately uttering such words
as an expression of appreciation. The same
with the intention that they be acted upon
must be the sole reason for the commission of
the crime.
3. Whether the crime would be committed
anyway even without the utterances, or if such 4. Leaving open the doors, giving the key to
utterances were the moving cause of the crime open the building

D. By earnest and persistent solicitation or 5. Holding on to a victim to preventing him

cajoling amounting to moral force by one with victim from resisting or drawing a weapon
authority or influence over the accused.
6. Holding back a person from going to the
C. PRINCIPALS BY INDISPENSABLE
assistance of a victim
COOPERATION ( PIC)

C. Through Negligent Acts such as:

I. Refers to those who cooperate in the
commission of the offense by another act
1. The bank employee who failed to ascertain
without which it would not have been
the identity of the presenter of a check and who
accomplished. There must be a community of
initials it
design or common purpose between the PIC
and the PDP, but not a conspiracy. The PIC
2. The guarantor who failed to ascertain the
knows or is aware of the intention or purpose of
identity of the holder of a check presented for
the PDP and he cooperates or concurs in its
encashment
realization by performing an act without which
the offense would not have been accomplished.
3. A security guard whose laxity enabled a killer
to enter the compound and kill an occupant
II. The cooperation may be:
therein

A. By moral cooperation such as (i) providing d.1. Discuss People v. De Vera, G.R. No.
technical advise, expertise on how to execute 198354, 24 September 2012.
the crime such as on how to avoid security
d.2. Discuss People v. Sanchez, G.R. No.
arrangements (ii) revealing the combination
131116, 27 August 1999.
numbers of a bank vault, or the location of
warning devices (iii) revealing the whereabouts e. Memorize Article 18.
of a victim:
Article 18. Accomplices. - Accomplices are those
persons who, not being included in Article 17,
B. By Physical external acts such as:
cooperate in the execution of the offense by
previous or simultaneous acts.
1. Providing the weapon or tools, or the key to
open the building f. Distinguish between an accomplice and a
conspirator.
2. Providing the mode of transportation to
Conspirators and accomplices have one thing
enable the accused to reach the place of the
in common: they know and agree with the
scene of the crime
criminal design. Conspirators, however, know
the criminal intention because they
3. Dragging he victim to the place of execution
themselves have decided upon such course of
action. Accomplices come to know about it what I was doing and I did not admit to you
after the principals have reached the decision, what I did when you picked me up-you are an
and only then do they agree to cooperate in its accomplice as you should reasonably know that
execution. Conspirators decide that a crime you were helping me get away w/ a crime and
should be committed; accomplices merely still did it.
concur in it. Accomplices do not decide
If you plan to steal cars and I plan to rob banks
whether the crime should be committed; they
and we develop a partnership we can both be
merely assent to the plan and cooperate in its
charged w/ conspiracy even before either of us
accomplishment. Conspirators are the authors
steal anything. If we are part of an organization
of a crime; accomplices are merely their
whose primary activity is criminal acts either of
instruments who perform acts not essential to
us could be charged for conspiracy for any of
the perpetration of the offense.
the acts that our criminal org does even if not
A conspirator is a participant in a conspiracy. directly involved-think mob indictments
Conspiracy is a separate offense, by which
f.1. Discuss People v. De Vera, G.R. No.
someone conspires or agrees with someone
128966, 18 August 1999.
else to do something which, if actually carried
out, would amount to another federal crime or g. What are the requisites before a person is
offense. considered an accomplice?

An accomplice is a person who knowingly, To hold a person liable as an accomplice, two

voluntarily, or intentionally gives assistance to elements must be present: (1) the community
another in (or in some cases fails to prevent of criminal design; that is, knowing the criminal
another from) the commission of a crime. An design of the principal by direct participation,
accomplice is criminally liable to the same he concurs with the latter in his purpose; and
extent as the principal. An accomplice, unlike an (2) the performance of previous or
accessory, is typically present when the crime is simultaneous acts that are not indispensable to
committed. the commission of the crime. The distinction
between the two concepts needs to be
An accomplice helps accomplish a crime. This is
underscored, in view of its effect on appellants
usually helping immediately prior, during, or
penalty. The act of one of them is deemed the
immediately after a specific crime in such a way
act of all. In the case of an accomplice, the
that makes the crime or getting away with the
liability is one degree lower than that of a
crime possible.
principal.
A conspiracy is an agreement to commit a crime
h. Memorize Article 19.
in the future and some intentional action,
though not necessarily a criminal one, in Article 19. Accessories. - Accessories are those
furtherance of setting the crime up. who, having knowledge of the commission of
the crime, and without having participated
If I ask to borrow your car so I can rob a bank-
therein, either as principals or accomplices, take
and I take it to in fact do that-you are an
part subsequent to its commission in any of the
accomplice. If I call you for a ride and I get in w/
following manners:
a mask and bank bag, even if you had no clue
 - Knowledge of the commission of the crime
1. By profiting themselves or assisting the may be established by circumstantial evidence.
offender to profit by the effects of the
2. The crime committed by the principal must
crime.
be proved beyond reasonable doubt.
2. By concealing or destroying the body of
the crime, or the effects or instruments 3. The accessory take part AFTER the crime has
thereof, in order to prevent its discovery. been committed.
3. By harboring, concealing, or assisting in
Notes:
the escape of the principals of the crime,
provided the accessory acts with abuse of - An accessory should not be in conspiracy with
his public functions or whenever the the principal.
author of the crime is guilty of treason,
- Body of the crime is same with corpus delecti
parricide, murder, or an attempt to take
(meaning: A specific offense was in fact
the life of the Chief Executive, or is known
committed by someone).
to be habitually guilty of some other
crime. - The concealing of the body of the victim is in
effect concealing the crime itself.
i. Discuss the three kinds of accessories.
Two classes of accessories under Article 19
Who are accessories? Those who… (par. 3)
- have knowledge about the commission of the 1. Public officers who harbor, conceal or assist
crime - do not participate as principals or in the escape of the principal in any crime with
accomplices ABUSE of his functions
- take part SUBSEQUENT to the commission of 2. Private persons who harbor, conceal or assist
the following: in the escape of the author of the crime.
a. profiting themselves or assisting the offender Requisites (PUBLIC OFFICERS)
to profit by the effects of the crime
a. The accessory is a public officer.
b. concealing or destroying the body of the
b. He harbors, conceals or assists in the escape
crime or the effects or instruments thereof, in
of the principal.
order to prevent its discovery
c. The officer acts in abuse of his public
c. by harboring, concealing or assisting in the
functions.
escape of the principal of the crime (provided:
public officers and private persons guilty of d. The crime committed by the principal is any
certain crimes) crime (not light felony.)
Important: 1. The accessory must have Requisites (PRIVATE PERSONS)
knowledge about the commission of the crime.
Otherwise, he is not liable. a. The accessory is a private person.

b. He harbors, conceals or assists in the escape

of the principal.
c. The crime committed by the principal is NOW, THEREFORE, I, FERDINAND E. MARCOS,
either: treason, parricide, murder, an attempt President of the Philippines by virtue of the
against the life of the president OR habitually powers vested in me by the Constitution, do
guilty of some other crime. hereby order and decree as part of the law of
the land the following:
Note:
Section 1. Title. This decree shall be known as
- One who kept silent with regard to the crime
the Anti-Fencing Law.
he witnessed is not an accessory. - The
corresponding responsibilities of the principal, Section 2. Definition of Terms. The following
accomplice and accessory are distinct from each terms shall mean as follows:
other.
(a) "Fencing" is the act of any person who,
- A person who benefits from the thing stolen is with intent to gain for himself or for another,
guilty as an accessory for the crime of theft shall buy, receive, possess, keep, acquire,
even if the principal has not been discovered. conceal, sell or dispose of, or shall buy and sell,
(Provided, he knows about that such thing was or in any other manner deal in any article,
acquired illegally.) item, object or anything of value which he
knows, or should be known to him, to have
j. Discuss Vino v. People, G.R. No. 84163, 19
been derived from the proceeds of the crime
October 1989.
of robbery or theft.
k. Read Presidential Decree No. 1612 (Anti-
(b) "Fence" includes any person, firm,
Fencing Act of 1979)
association corporation or partnership or other
ANTI-FENCING LAW OF 1979 organization who/which commits the act of
fencing.
WHEREAS, reports from law enforcement
agencies reveal that there is rampant robbery Section 3. Penalties. Any person guilty of
and thievery of government and private fencing shall be punished as hereunder
properties; indicated:

WHEREAS, such robbery and thievery have (a) The penalty of prision mayor, if the value of
become profitable on the part of the lawless the property involved is more than 12,000
elements because of the existence of ready pesos but not exceeding 22,000 pesos; if the
buyers, commonly known as fence, of stolen value of such property exceeds the latter sum,
properties; the penalty provided in this paragraph shall be
imposed in its maximum period, adding one
WHEREAS, under existing law, a fence can be
year for each additional 10,000 pesos; but the
prosecuted only as an accessory after the fact
total penalty which may be imposed shall not
and punished lightly;
exceed twenty years. In such cases, the penalty
WHEREAS, is imperative to impose heavy shall be termed reclusion temporal and the
penalties on persons who profit by the effects accessory penalty pertaining thereto provided
of the crimes of robbery and theft. in the Revised Penal Code shall also be
imposed.
(b) The penalty of prision correccional in its National Police in the town or city where such
medium and maximum periods, if the value of store, establishment or entity is located. The
the property robbed or stolen is more than Chief of Constabulary/Director General,
6,000 pesos but not exceeding 12,000 pesos. Integrated National Police shall promulgate
such rules and regulations to carry out the
(c) The penalty of prision correccional in its
provisions of this section. Any person who fails
minimum and medium periods, if the value of
to secure the clearance or permit required by
the property involved is more than 200 pesos
this section or who violates any of the
but not exceeding 6,000 pesos.
provisions of the rules and regulations
(d) The penalty of arresto mayor in its medium promulgated thereunder shall upon conviction
period to prision correccional in its minimum be punished as a fence.
period, if the value of the property involved is
Section 7. Repealing Clause. All laws or parts
over 50 pesos but not exceeding 200 pesos.
thereof, which are inconsistent with the
(e) The penalty of arresto mayor in its medium provisions of this Decree are hereby repealed or
period if such value is over five (5) pesos but modified accordingly.
not exceeding 50 pesos.
Section 8. Effectivity. This Decree shall take
(f) The penalty of arresto mayor in its effect upon approval.
minimum period if such value does not exceed
Done in the City of Manila, this 2nd day of
5 pesos.
March, in the year of Our Lord, nineteen
Section 4. Liability of Officials of Juridical hundred and seventy-nine.
Persons. If the fence is a partnership, firm,
k.1. Who is a fence?
corporation or association, the president or the
manager or any officer thereof who knows or "Fence" includes any person, firm,
should have known the commission of the association corporation or partnership
offense shall be liable. or other organization who/which
commits the act of fencing.
Section 5. Presumption of Fencing. Mere
possession of any good, article, item, object, or k.2. Discuss Dizon-Pamintuan v. People,
anything of value which has been the subject of G.R. No. 111426, 11 July 1994.
robbery or thievery shall be prima facie
l. Memorize and discuss Article 20.
evidence of fencing.
Article 20. Accessories who are exempt from
Section 6. Clearance/Permit to Sell/Used
criminal liability. - The penalties prescribed for
Second Hand Articles. For purposes of this Act,
accessories shall not be imposed upon those
all stores, establishments or entities dealing in
who are such with respect to their spouses,
the buy and sell of any good, article item, object
ascendants, descendants, legitimate, natural,
of anything of value obtained from an
and adopted brothers and sisters, or relatives
unlicensed dealer or supplier thereof, shall
by affinity within the same degrees, with the
before offering the same for sale to the public,
single exception of accessories falling within the
secure the necessary clearance or permit from
the station commander of the Integrated
provisions of paragraph 1 of the next preceding 5. Justice
article.
The crime must be punished by the State as an
m. Discuss Article 21. act or retributive justice, a vindication of
absolute right and moral law violated by the
Article 21. Penalties that may be imposed. - No
criminal.
felony shall be punishable by any penalty not
prescribed by law prior to its commission. q. Discuss Article 22.

n. What is a penalty? Article 22. Retroactive effect of penal laws. -

Penal Laws shall have a retroactive effect
Penalty is a punishment imposed for breaking a
insofar as they favor the persons guilty of a
law, rule, or contract.
felony, who is not a habitual criminal, as this
o. What is the purpose of the state in punishing term is defined in Rule 5 of Article 62 of this
crimes? Code, although at the time of the publication of
such laws a final sentence has been pronounced
Justifications for punishment include
and the convict is serving the same.
retribution, deterrence, rehabilitation, and
incapacitation. The last could include such r. Who is a habitual delinquent?
measures as isolation, in order to prevent the
A person shall be deemed to be habitual
wrongdoer's having contact with potential
delinquent if within a period of ten years from
victims, or the removal of a hand in order to
the date of his release or last conviction of the
make theft more difficult.
crimes of robo, hurto, estafa, or falsificacion, he
p. Discuss the theories justifying penalty. is found guilty of any of said crimes a third time
or oftener.
1. Prevention
A habitual delinquent is necessarily a recidivist,
The State must punish the criminal to prevent
and in imposing the principal penalty upon him
or suppress the danger to the State arising from
the aggravating circumstance of recidivism has
the criminal acts of the offender.
to be taken into account.
2. Self-defense
s. Discuss Article 23.
The State has the right to punish the criminal as
Article 23. Effect of pardon by the offended
a measure of self-defense so as to protect
party. - A pardon of the offended party does not
society from the threat and wrong inflicted by
extinguish criminal action except as provided in
the criminal.
Article 344 of this Code; but civil liability with
3. Reformation regard to the interest of the injured party is
extinguished by his express waiver.
The object of punishment in criminal cases is to
correct and reform the offender. t. Discuss Article 25 in relation to Article 27.

4. Exemplary Art. 27. Reclusion perpetua. — Any person

sentenced to any of the perpetual penalties
The criminal is punished to serve as an example
shall be pardoned after undergoing the penalty
to deter others from committing crimes.
for thirty years, unless such person by reason of correctional penalty, if it does not exceed 6,000
his conduct or some other serious cause shall pesos but is not less than 200 pesos; and a light
be considered by the Chief Executive as penalty if it less than 200 pesos.
unworthy of pardon.
Fine is a sum imposed as punishment for an
Reclusion temporal. — The penalty of reclusion offense — compare restitution; a forfeiture or
temporal shall be from twelve years and one penalty paid to an injured party in a civil action.
day to twenty years.
v. Read Articles 28 to 33.
Prision mayor and temporary disqualification. —
Article 28. Computation of penalties. - If the
The duration of the penalties of prision mayor
offender shall be in prison, the term of the
and temporary disqualification shall be from six
duration of the temporary penalties shall be
years and one day to twelve years, except when
computed from the day on which the judgment
the penalty of disqualification is imposed as an
of conviction shall have become final.
accessory penalty, in which case its duration
shall be that of the principal penalty. If the offender be not in prison, the term of the
duration of the penalty consisting of deprivation
Prision correccional, suspension, and
of liberty shall be computed from the day that
destierro. — The duration of the penalties of
the offender is placed at the disposal of the
prision correccional, suspension and destierro
judicial authorities for the enforcement of the
shall be from six months and one day to six
penalty. The duration of the other penalties
years, except when suspension is imposed as an
shall be computed only from the day on which
accessory penalty, in which case, its duration
the defendant commences to serve his
shall be that of the principal penalty.
sentence.
Arresto mayor. — The duration of the penalty
Article 29. Period of preventive imprisonment
of arresto mayor shall be from one month and
deducted from term of imprisonment. -
one day to six months.chanrobles virtual law
Offenders who have undergone preventive
library
imprisonment shall be credited in the service of
Arresto menor. — The duration of the penalty of their sentence consisting of deprivation of
arresto menor shall be from one day to thirty liberty, with the full time during which they
days.chanrobles virtual law library have undergone preventive imprisonment, if
the detention prisoner agrees voluntarily in
Bond to keep the peace. — The bond to keep
writing to abide by the same disciplinary rules
the peace shall be required to cover such period
imposed upon convicted prisoners, except in
of time as the court may determine.
the following cases:
u. What is a fine? Read Article 26 in relation to
1. When they are recidivists or have been
Section 2 of Republic Act No. 10951.
convicted previously twice or more times of any
Art. 26. When afflictive, correctional, or light crime; and
penalty. — A fine, whether imposed as a single
2. When upon being summoned for the
of as an alternative penalty, shall be considered
execution of their sentence they have failed to
an afflictive penalty, if it exceeds 6,000 pesos; a
surrender voluntarily.
If the detention prisoner does not agree to and 3 of this article shall last during the term of
abide by the same disciplinary rules imposed the sentence.
upon convicted prisoners, he shall be credited
4. The loss of all rights to retirement pay or
in the service of his sentence with four-fifths of
other pension for any office formerly held.
the time during which he has undergone
preventive imprisonment. (As amended by Article 31. Effect of the penalties of perpetual or
Republic Act 6127, June 17, 1970). temporary special disqualification. - The
penalties of perpetual or temporal special
Whenever an accused has undergone
disqualification for public office, profession or
preventive imprisonment for a period equal to
calling shall produce the following effects:
or more than the possible maximum
imprisonment of the offense charged to which 1. The deprivation of the office, employment,
he may be sentenced and his case is not yet profession or calling affected;
terminated, he shall be released immediately
2. The disqualification for holding similar offices
without prejudice to the continuation of the
or employments either perpetually or during
trial thereof or the proceeding on appeal, if the
the term of the sentence according to the
same is under review. In case the maximum
extent of such disqualification.
penalty to which the accused may be sentenced
is destierro, he shall be released after thirty (30) Article 32. Effect of the penalties of perpetual or
days of preventive imprisonment. (As amended temporary special disqualification for the
by E.O. No. 214, July 10, 1988). exercise of the right of suffrage. - The perpetual
or temporary special disqualification for the
Section Two. - Effects of the penalties according
exercise of the right of suffrage shall deprive
to their respective nature
the offender perpetually or during the term of
Article 30. Effects of the penalties of perpetual the sentence, according to the nature of said
or temporary absolute disqualification. - The penalty, of the right to vote in any popular
penalties of perpetual or temporary absolute election for any public office or to be elected to
disqualification for public office shall produce such office. Moreover, the offender shall not be
the following effects: permitted to hold any public office during the
period of his disqualification.
1. The deprivation of the public offices and
employments which the offender >may have Article 33. Effects of the penalties of suspension
held even if conferred by popular election. from any public office, profession or calling, or
the right of suffrage.- The suspension from
2. The deprivation of the right to vote in any
public office, profession or calling, and the
election for any popular office or to be elected
exercise of the right of suffrage shall disqualify
to such office.
the offender from holding such office or
3. The disqualification for the offices or public exercising such profession or calling or right of
employments and for the exercise of any of the suffrage during the term of the sentence.
rights mentioned.
w. Discuss Article 34.
In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2
Article 34. Civil interdiction. - Civil interdiction z. Discuss Article 36.
shall deprive the offender during the time of his
sentence of the rights of parental authority, or Article 36. Pardon; its effect. - A pardon shall
guardianship, either as to the person or not work the restoration of the right to hold
public office, or the right of suffrage, unless
property of any ward, of marital authority, of
such rights be expressly restored by the terms
the right to manage his property and of the
of the pardon.
right to dispose of such property by any act or
any conveyance inter vivos. A pardon shall in no case exempt the culprit
from the payment of the civil indemnity
x. Discuss Article 35.
imposed upon him by the sentence.
Article 35. Effects of bond to keep the peace. - It
shall be the duty of any person sentenced to z.1. Discuss Risos-Vidal v. COMELEC and
Estrada, G.R. No. 206666, 21 January
give bond to keep the peace, to present two
2015.
sufficient sureties who shall undertake that
such person will not commit the offense sought aa. Discuss Article 39 in relation to Republic
to be prevented, and that in case such offense Act No. 10159.
be committed they will pay the amount
determined by the court in the judgment, or Art. 39. Subsidiary Penalty. – If the convict has
otherwise to deposit such amount in the office no property with which to meet the fine
of the clerk of the court to guarantee said mentioned in the paragraph 3 of the next
undertaking. preceding article, he shall be subject to a
subsidiary personal liability at the rate of one
The court shall determine, according to its day for each amount equivalent to the highest
discretion, the period of duration of the bond. minimum wage rate prevailing in the Philippines
at the time of the rendition of judgment of
Should the person sentenced fail to give the
conviction by the trial court, subject to the
bond as required he shall be detained for a
period which shall in no case exceed six months, following rules:
is he shall have been prosecuted for a grave or 1. If the principal penalty imposed be
less grave felony, and shall not exceed thirty prison correccional or arresto and fine,
days, if for a light felony. he shall remain under confinement until
y. Distinguish bond to keep peace from bail his fine referred to in the preceding
paragraph is satisfied, but his subsidiary
bond.
imprisonment shall not exceed one-
Bond to keep the peace. — The bond to keep third of the term of the sentence, and in
the peace shall be required to cover such period no case shall it continue for more than
of time as the court may determine. one year, and no fraction or part of a
day shall be counted against the
A bail bond is a written promise signed by a
prisoner
defendant and surety to ensure that a criminal
2. When the principal penalty imposed be
defendant will appear in court at the scheduled
only a fine, the subsidiary imprisonment
time and date, as ordered by the court.
shall not exceed 6 months, if the culprit
The bail amount is set by the court.
 shall have been prosecuted for a grave law. As a consequence, the subsidiary
or less grave felony, and shall not imprisonment for nonpayment of debt does not
exceed 15 days, if for a light felony. violate the constitutional injunction.
3. When the principal imposed is higher
ac. Read Articles 40 to 46.
than prison correctional, no subsidiary
imprisonment shall be imposed upon Article 40. Death; Its accessory penalties. - The
the culprit. death penalty, when it is not executed by
4. If the principal penalty imposed is not reason of commutation or pardon shall carry
to be executed by confinement in a with it that of perpetual absolute
penal institution, but such penalty is of disqualification and that of civil interdiction
fixed duration, the convict, during the during thirty years following the date sentence,
period of time established in the unless such accessory penalties have been
preceding rules, shall continue to suffer expressly remitted in the pardon.
the same deprivations as those of which
Article 41. Reclusion perpetua and reclusion
the principal penalty consists
temporal; Their accessory penalties. - The
5. The subsidiary personal liability which
penalties of reclusion perpetua and reclusion
the convict may have suffered by
temporal shall carry with them that of civil
reason of his insolvency shall not relieve
interdiction for life or during the period of the
him, from the fine in case his financial
sentence as the case may be, and that of
circumstances should improve. (As
perpetual absolute disqualification which the
amended by RA 5465, April 21, 1969).
offender shall suffer even though pardoned as
ab. Does subsidiary imprisonment violate a to the principal penalty, unless the same shall
person’s right not be imprisoned for non- have been expressly remitted in the pardon.
payment of debt?
Article 42. Prision mayor; Its accessory
The laws which prohibit imprisonment for debt penalties. - The penalty of prision mayor, shall
relate to the imprisonment if debtors for carry with it that of temporary absolute
liability incurred in the fulfillment of contracts, disqualification and that of perpetual special
but not to the cases seeking the enforcement of disqualification from the right of suffrage which
penal statuses that provide the payment of the the offender shall suffer although pardoned as
money as a penalty for the commission of a to the principal penalty, unless the same shall
crime. have been expressly remitted in the pardon.

Thus, the civil liability arising from libel is not a Article 43. Prision correccional; Its accessory
“debt” within the purview of the constitutional penalties. - The penalty of prision correccional
provision against imprisonment for shall carry with it that of suspension from public
nonpayment of “debt”. In so far as said office, from the right to follow a profession or
injunction is concerned, “debt” means an calling, and that of perpetual special
obligation to pay a sum of money “arising from disqualification from the right of suffrage, if the
a contract”, express or implied. In addition to duration of said imprisonment shall exceed
being part of the penalty, the civil liability in eighteen months. The offender shall suffer the
libel arises from a tort or a crime; hence from disqualification provided in the article although
pardoned as to the principal penalty, unless the imposed under existing laws, except in the
same shall have been expressly remitted in the following cases:
pardon.
1. When the guilty person be more than seventy
Article 44. Arresto; Its accessory penalties. - The years of age.
penalty of arresto shall carry with it that of
2. When upon appeal or revision of the case by
suspension of the right too hold office and the
the Supreme court, all the members thereof are
right of suffrage during the term of the
not unanimous in their voting as to the
sentence.
propriety of the imposition of the death
Article 45. Confiscation and forfeiture of the penalty. For the imposition of said penalty or
proceeds or instruments of the crime. - Every for the confirmation of a judgment of the
penalty imposed for the commission of a felony inferior court imposing the death sentence, the
shall carry with it the forfeiture of the proceeds Supreme Court shall render its decision per
of the crime and the instruments or tools with curiam, which shall be signed by all justices of
which it was committed. said court, unless some member or members
thereof shall have been disqualified from taking
Such proceeds and instruments or tools shall be
part in the consideration of the case, in which
confiscated and forfeited in favor of the
even the unanimous vote and signature of only
Government, unless they be property of a third
the remaining justices shall be required.
person not liable for the offense, but those
articles which are not subject of lawful ae. When is the death penalty not imposed?
commerce shall be destroyed.
1. When the guilty person be more than seventy
Chapter Four years of age.
APPLICATION OF PENALTIES
2. When upon appeal or revision of the case by
Section One. - Rules for the application of the Supreme court, all the members thereof are
penalties to the persons criminally liable and for not unanimous in their voting as to the
the graduation of the same. propriety of the imposition of the death
penalty.
Article 46. Penalty to be imposed upon
principals in general. - The penalty prescribed af. Discuss Article 48.
by law for the commission of a felony shall be
Article 48. Penalty for complex crimes. - When a
imposed upon the principals in the commission
single act constitutes two or more grave or less
of such felony.
grave felonies, or when an offense is a
Whenever the law prescribes a penalty for a necessary means for committing the other, the
felony is general terms, it shall be understood penalty for the most serious crime shall be
as applicable to the consummated felony. imposed, the same to be applied in its
maximum period.
ad. Discuss Article 47.
ag. What is a complex crime?
Article 47. In what cases the death penalty shall
not be imposed. - The death penalty shall be 1. When a single act produces two or more
imposed in all cases in which it must be grave or less grave felonies
2. When an offense is necessary for 2.COMPLEX CRIME PROPER
committing the other a.at least two offenses are committed
b. one or some of the offenses: necessary to
COMPLEX CRIME
commit the other
strictly speaking is one where the offender has c. all of the offenses are punishable under same
to commit an offense as a means for the statute.
commission of another offense. It is said that
Necessary means =/= Indispensable means
the offense is committed as a necessary means
Indispensable: ingredient of the crime (part of
to commit the other offense. “Necessary”
act/s of execution)
should not be understood as indispensable,
otherwise, it shall be considered absorbed and The offender, in executing various acts, must
not giving rise to a complex crime. have a single purpose.

ah. What are the two kinds of complex crimes?

There is NO complex crime:
Two kinds:
-when in the definition of a felony one offense
1. COMPOUND CRIME: a single act constitutes
is a means to commit the other (murder
two or more grave or less grave felonies
qualified by means of fire which by itself is
2. COMPLEX CRIME PROPER: offense is
arson)
necessary means for committing the other
-when one offense is committed to conceal the
1.COMPOUND other (not necessary means)
a. only one single act is performed by the -when one of the offenses is penalized by a
offender special law (example: homicide and illegal
b. produces (1) 2 or more grave felonies possession of firearms)
(2) one or more grave felonies and one or more -when two or more crimes are committed but a)
less grave felonies not by a single act or b) one is not a necessary
(3) two or more less grave felonies means for committing the other
People vs. GUILLEN: -of rebellion with murder, arson, robbery or
Single act: throwing hand grenade other common crimes
Product: murder and multiple attempted
PENALTY: penalty for the most serious crime
murder
applied in its maximum period

ai. What is a special complex crime or a

TWO OR MORE GRAVE OR LESS GRAVE
composite crime?
FELONIES.
-Light felonies produced by the same act: A composite crime, also known as a special
(1)treated and punished as separate offenses complex crime, is composed of two or more
(several light felonies) or (2) absorbed by the crimes that the law treats as a
grave felony. single indivisible and unique offense for being
the product of a single criminal impulse. It is a
Applicable to crimes through negligence.
specific crime with a specific penalty provided
by law, and differs from a compound or
complex crime under Article 48 of the Revised -not being a complex crime, the penalty should
Penal Code, which states: not be imposed in its maximum period.

Article 48. Penalty for complex crimes. When a am. Distinguish between a continued crime
single act constitutes two or more grave or less and a complex crime.
grave felonies, or when an offense is a
CONTINUED CRIME: a single crime, consisting of
necessary means for committing the other, the
a series of acts but all arising from one criminal
penalty for the most serious crime shall be
resolution
imposed, the same to be applied in its
-set foot by a single impulse
maximum period.
-NOT a complex crime: offender does not
ii.1. Discuss People v. Jugueta, G.R. No. commit only a single act but a series of acts
202124, 05 April 2016. -not being a complex crime, the penalty should
not be imposed in its maximum period
aj. What is plurarity of crimes?
COMPLEX CRIMES
PLURALITY OF CRIMES
-at least two crimes are committed
Successive execution by the same individual of
-a complex crime is only one crime; only one
different criminal acts upon any of which no
penalty is imposed
conviction has yet been declared.
an. What is a transitory crime?
ak. What are the kinds of plurarity of crimes?
TRANSITORY OFFENSE: crimes where some
KINDS:
acts material and essential to the crimes and
1.FORMAL OR IDEAL- one criminal liability
requisite to their commission occur in
a) complex crimes under art 48 one municipality or territory and some acts
b) law specifically fixes a single penalty for two are done in another place.
or more offenses committed (ex: robbery with
homicide)
c) continued crime
2.REAL OR MATERIAL- there are different
crimes in law as well as in the conscience of the
offender

-recidivism (there must be conviction with final

judgment)

al. What is a continued crime?

CONTINUED CRIME: a single crime, consisting of

a series of acts but all arising from one criminal
resolution
-set foot by a single impulse
-NOT a complex crime: offender does not
commit only a single act but a series of acts