Criminal Law Review jurisdiction.

However, if before arraignment

Book I of the military accused, it is determined that
his crime is service-connected, then the
Criminal Law - defines crimes, their nature and case may be transferred to the court-
provides for their punishment. martial. Even if the crime is service-
connected, the President, in the interest of
No common law crime in the Philippines. When justice, may redirect that the crime be
there is no law penalizing an act, there is no crime. prosecuted in civil courts. RA 7055. Navales
Nullum crimen, nulla poena sine lege vs Abaya 2004. Military courts are not part
of the judiciary.
Art. 202 of RPC - Vagrancy was a crime, but this
provision had been repealed. So if there is no law, Exceptions:
or an ordinance, prohibiting people from loitering, 1. Treaties
there is no crime. 2. Laws of preferential application
3. Principles of public international law
Sources a. Doctrine of immunity from
1. Revised Penal Code, and its amendments suit can’t be applied if a
2. The different special penal laws public official is sued in his
private capacity. The cloak of
Are court decisions sources of penal law? protection is removed the
No. Court decisions merely explain the meaning moment they are sued in
and apply the law. Only Congress enacts penal their individual capacities.
laws. b. Consuls have no such
immunity, unless there is a
Limitations treaty exempting them.
1. No ex-post facto law (Lacson vs Executive
GR no. 128096) 2. Territorial - our laws are effective only
2. Bill of attainder within our territory. It is only for crimes
3. Due process committed within the territory.
Case: AAA vs BBB 01-11-2018
Rights of the accused Exceptions: Art. 2, RPC
1. Constitutional 1. When a crime is committed onboard
Art. III (Memorize at least 5) a Philippine ship or airship.
2. Statutory a. The Philippine ship/airship
Right to cross-examine must be registered in the
Right to appeal Philippines.
b. Philippine currency is forged
Rights personal to the accused can be waived, but or counterfeited
not those involving public policy. c. When a crime is committed
by public officers in
Characteristics of criminal law connection with their official
1. General - it is binding upon all persons who duties.
live and sojourn in the Philippines. (Del d. Crimes committed against
Socorro vs Val) national security and the law
Do civil courts have jurisdiction over the of nations
military? Yes, they have concurrent

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 3. Prospective
Exceptions: Art. 3
a. Favorable to the accused who is not Felony - act or omission punishable under the
a repeat offender RPC.
b. When new law expressly provides Crime - generic; an act or omission penalized by
that it should be given retroactive the RPC or other penal laws.
effect.
Felonies are committed by means of dolo
(Hernan vs Sandiganbayan) (deliberate intent) or culpa (fault).
RA10951, increasing the value of
the property subject of the offense, Culpa:
was given retroactive effect. RA Imprudence - lack of skill
10707, changing the probation law, Negligence - lack of foresight
was also given retroactive effect.
THese laws, while not defining a Felonies may be committed by an act or an
crime, are penal laws because they omission.
have something to do with the
imposition of penalty. RA10592 was Act - external act
given retroactive effect because it is Omission - failure to perform an act which the law
favorable to the accused. requires to be performed.
(Inmates of New Bilibid Prison vs De Ex. misprision of treason, failure to issue an official
Lima June 2019) receipt, failure to render assistance on a person in
an uninhabited place (275)
Doctrine of Equipoise - if evidence of both (there is no law requiring people to report crimes)
prosecution and defense are equal, the accused
must be acquitted. Dolo requisites:
1. Freedom
Doctrine of Pro reo - when a circumstance is 2. Intelligence
capable of 2 interpretations, the interpretation in 3. Intent
favor of the accused must be adopted.
Criminal intent is presumed after the prosecution
Theories/schools of thought shows that the criminal act was committed.
1. Classical - basis is human free will and the Presumption is rebuttable.
purpose of penalty is retribution. Man is
essentially a moral creature with absolute Doctrine of mistake of fact - when there is a
free will to choose between good and evil. misapprehension of facts by the person causing the
2. Positivist - penalty is reformative, preventive injury
and individualized. Man is a social being Requisites: (US vs Ah Chong 15 Phil. 488)
and his acts are attributable to his will and 1. Act is lawful had the facts been as the
other circumstances which constrain him to accused believed them to be
do wrong against his will. Man commits a 2. That the intention of the accused is lawful.
crime because circumstances compel him 3. No fault or carelessness on the part of the
to do so. accused.

Philippine criminal law is mainly based on classical People vs Oanis 74 Phil.257

theory, but also based on positivist theory.

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Mala in se - crimes which are wrongful from their 2. Intelligence
nature; they are wrong per se. 3. Imprudence/negligence
Mala prohibita - crimes which are considered wrong
because they are prohibited by law. Under 365, the penalty for culpa is lower compared
to intentional felonies.
Criminal intent is not required in crimes classified
as mala prohibita. Defense of lack of criminal of Art. 4
intent is only available in crimes mala in se. Criminal liability

Most of the crimes under RPC are mala in se, but How incurred?
not all. Some are mala prohibita. Under SPL also,
not all crimes are mala prohibita; some are mala in 1. By any person committing a felony (delito)
se. It’s not entirely correct to say that crimes under although the wrongful act done be different
RPC are mala in se and crimes under SPL are from that which he intended.
mala prohibita.
3 Instances/scenarios:
Plunder (punishable under SPL) is malum in se. a. Praeter intentionem/lack of intent to commit
Violation of the Omnibus Election Code (dagdag so grave a wrong
bawas) is malum in se. b. Error in personae/mistake in the identity
Hazing is malum in se. (may be connected to Art. 49)
c. Aberratio ictus/mistake in the blow (may be
There are intentional felonies that require a crime under Art. 48)
particular/specific intent.
1. Attempted/Frustrated/Consummated murder The accused is liable even if the actual crime
or homicide - Intent to kill committed is different from what he intended. The
2. Theft - Intent to gain wrong done must be the direct, natural and logical
3. Forcible abduction - lewd design consequence of a felonious act.

Motive - refers to the moving power that impels a The accused must have an intention to commit the
person to commit a crime; reason why the accused crime; the intended act must constitute a felony. So
committed a crime. a person who commits suicide, but accidentally kills
Example: revenge, political, love triangle another, he is not criminally liable because
committing suicide is not a crime.
GR: Motive is not essential in prosecution of
crime A was punched by B, and A died because of a
EXCEPTIONS: heart attack. B is liable under Art. 4.
1. Evidence is merely circumstantial; no
direct evidence/no eye witness. There must be a relation between the intended
2. When there is doubt as to the identity of crime and the crime actually committed; it must be
the accused. proven that the actual crime committed was the
proximate cause.
Intent - needed to convict the accused of the
criminal charge. Proximate cause - the cause, which, in natural and
continuous sequence, unbroken by any efficient
Culpa requisites: intervening cause, produces the injury, and without
1. Freedom which the result would not have occurred.

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When there is an active force between the intended Penalty: Arresto mayor (art. 59)
felony and the felony actually committed, accused
not liable. Art. 5
People vs Corpus 2015
Efficient intervening cause - the new and
independent act which itself is a proximate cause of MTC jurisdiction
an injury and which breaks the causal connection 1.2million and below for theft, MTC has jurisdiction.
between the original wrong and the injury.
Art .6
Accused is also not liable if injury is due to the Internal acts - when accused thinks about
intentional act of the accused. committing a crime. This is not yet punishable.

2. By any person performing an act which External acts - after thinking, he might transform it
would be an offense against persons or into action.
property, were it not for the inherent
impossibility of its accomplishment or on 1. Preparatory acts - as a rule, these are not
account of the employment of inadequate or punishable.
ineffectual means. [Impossible crime; the only act 2. Acts of execution
penalized under Book I of the RPC, Art. 59. Penalty a. Subjective phase - stage wherein
- arresto mayor/fine] offender still has control over his
acts. (attempted stage)
Requisites: b. Objective phase - the offender has
1. Act performed which would have been an already performed all the acts of
offense against persons or property. execution to consummate the crime.
2. There must be an evil intent
3. Accomplishment is inherently impossible or Stages of commission of crime
the means employed is inadequate or 1. Consummated
ineffectual. 2. Frustrated
4. The act should not constitute another 3. Attempted
violation of the Revised Penal Code.
Attempted stage
Inherent possibility “Directly by overt acts” - must be directly connected
1. Legal impossibility to a certain felony.

2. Physical impossibility Pp vs Lamahang 61 phil 703

Criminal liability: “Impossible crime to commit the pp vs caluwag March 4 2009

crime of ______”
Oct 8 2014 pp vs cruz - touching of breasts/genitals
Read: People vs Jacinto July 2009 not yet directly connected with rape
People vs Enoja December 17 1999
Acts of lasciviousness gets absorbed by attempted
Strictly speaking, impossible crime is not really a rape.
crime, but the offender is punished because of his
criminal tendency or propensity. July 17, 2013 people vs

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 Complex crimes - a situation wherein an act of the
Pp vs lizada 2003 offender results in at least 2 grave or less grave
felonies.
Frustrated stage
Mortal wounds (for murder/homicide) If not mortal, Art. 7
only attempted. Light felonies - punishable only when they are
READ: consummated, except when committed against
Pp vs abella 2013 persons or property.
PP vs colinares dec 2011
Art. 8
Note: search case with baseball bat Conspiracy and proposal
Proposal - more than a suggestion; mere act of
Pp vs valenzuela 2007 proposing consummates the proposal, no need for
acceptance to consummate the proposal. If there is
To determine if attempted acceptance, there is already conspiracy.
If all elements of crime are present, it is
consummated. Take note of the manner of Conspiracy and proposal are not crimes but only
committing it. preparatory acts. Generally not punishable.
They are only punishable when there is a specific
Formal crimes - always consummated provision punishing mere proposal or conspiracy.
Material crimes - 3 stages
Crimes:
Why is it important to know the stages? 1. Treason
Because it affects the imposition of penalty. Under 2. Coup d'etat
Art. 50 and 51, the penalty imposed on the principal 3. Rebellion
for frustrated crimes is one degree lower than that 4. Sedition
of consummated felony. For attempted, the penalty
is lowered by 2 degrees. Amount of proof to establish conspiracy - proof
beyond reasonable doubt; like the crime itself.
Memorize definitions of stages of execution.
Memorize the first 20 articles of the RPC. How can it be established?
It is seldom proven by direct
Art. 9 evidence/eyewitnesses. Usually, through
Classified into grave, less grave and light felonies. circumstantial evidence. This is because criminals
1. Grave - law prescribes the penalty of capital do not write down their plots and are usually done
punishment or penalities which are afflictive in secret. Sometimes, there are instances wherein
(prision mayor to reclusion perpetua) or a it is proven by direct evidence - if there is one of
fine exceed P1.2M. them who would turn against them and becomes a
2. Less Grave - those which the law punishes witness for the state.
with penalties in their maximums are
correctional To establish, it is sufficient that there is proof that
3. Light felony - punishable by arresto menor they acted in concert and unity pursuant to a
or a fine not exceeding P40,000. common design. They are united in purpose,
These are important under Art. 48: complex crimes. although with different participation. The least
participation he may have is to give moral support
to his co-conspirators, like when he exercises moral

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ascendancy over the other conspirators and is The least one can do to be a conspirator is to lend
present. The act of one is the act of all; criminal moral support to the other conspirators in the
liability shall be collective. commission of the crime. Mere passive presence at
the crime scene or even knowledge/acquiescence,
Implied conspiracy - one which is inferred from or even agreement to cooperate, is insufficient to
the manner that the participants of the commission make one a conspirator absent any active and
of a crime carried out its execution. direct participation. (PP vs Escobal 2017)

Ex. Silence does not make one a conspirator.

1. Spontaneous agreement at the commission
of the crime, like when people took turns in Mere fact that one was seen with one of the
stabbing the victim. conspirators does not make one a conspirator.
2. Lending moral support to a band. Conspiracy transcends companionship.

In the absence of conspiracy, the person who gives In the absence of conspiracy, the liability of the
moral support is liable as an accomplice. offenders would be individual. If there is conspiracy,
liability shall be collective: the act of one would be
The conspirators are equally liable for the crime the act of all.
agreed upon.
As a rule, conspiracy is only applicable to crimes
Suppose there’s another crime being committed, committed by means of dolo, not by culpa.
not agreed upon, during the commission of the
original criminal plan, are the other conspirators Art. 10
liable? Under Art. 10, offenses punishable by SPL are not
punishable under the RPC; the RPC shall only be
Answer: Yes. They are liable for the crime and its suppletory. SPL is always consummated, unless
natural and logical consequences. (PP vs Giapar the SPL itself provides punishment for attempted
1984; PP vs Escote) and frustrated.

How about if it’s not a logical and natural Conspiracy can be applied in SPL. [Tan vs Tan
consequence? (2008)]

Answer: No. If a SPL uses the nomenclature of the penalties

Pp vs Carandang (1973) Rape is not a logical and used by the RPC, RPC penalties may be applied.
natural consequence of robbery. (PP vs Simon 234 SCRA 555)

EXCEPTION Thus, in People v. Moreno the Court applied

TN: Art. 296 - when the main purpose was to rob, suppletorily the provision on subsidiary penalty
and they are at least 4 (band), they would be liable under Article 39 of the RPC to cases of violations of
for all the crimes committed, even not agreed upon, Act No. 3992, otherwise known as the "Revised
if they did not make any attempt to prevent the Motor Vehicle Law," noting that the special law did
commission of the crime not agreed upon; not contain any provision that the defendant could
regardless if they are the logical and natural be sentenced with subsidiary imprisonment in case
consequence. of insolvency.

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In People v. Li Wai Cheung, the Court applied MODIFYING CIRCUMSTANCES
suppletorily the rules on the service of sentences 1. Justifying
provided in Article 70 of the RPC in favor of the 2. Exempting
accused who was found guilty of multiple violations 3. Mitigating
of R.A. No. 6425, otherwise known as the 4. Aggravating
"Dangerous Drugs Act of 1972," considering the 5. Alternative
lack of similar rules under the special law.
Justifying circumstances
In People v. Chowdury, the Court applied Art. 11
suppletorily Articles 17, 18 and 19 of the RPC to 1. Self Defense - violation of
define the words "principal," "accomplices" and person/property may refer to
"accessories" under R.A. No. 8042, otherwise property/honor
known as the "Migrant Workers and Overseas a. Unlawful aggression
Filipinos Act of 1995," because said words were not b. Reasonable necessity of the means
defined therein, although the special law referred to employed
the same terms in enumerating the persons liable c. Lack of sufficient provocation
for the crime of illegal recruitment.
Rationale: the state cannot give protection 24/7.
In Yu v. People, the Court applied suppletorily the This is like self-service.
provisions on subsidiary imprisonment under Article
39 of the RPC to Batas Pambansa (B.P.) Blg. 22, The most important element is unlawful aggression;
otherwise known as the "Bouncing Checks Law," it is a condition sine qua non. It must come from the
noting the absence of an express provision on victim (the person who attacked the person
subsidiary imprisonment in said special law. defending himself).

Most recently, in Ladonga v. People, the Court Unlawful aggression

applied suppletorily the principle of conspiracy 1. There must be actual physical attack or the
under Article 8 of the RPC to B.P. Blg. 22 in the attack must be imminent. Imminent - on the
absence of a contrary provision therein. point of happening. (US vs Laurel)
2. Oral threats on life are not unlawful
With more reason, therefore, the principle of aggression.
conspiracy under Article 8 of the RPC may be 3. Light push is not considered an unlawful
applied suppletorily to R.A. No. 9262 because of aggression
the express provision of Section 47 that the RPC 4. Mere belief of an imminent attack is not an
shall be supplementary to said law. Thus, general unlawful aggression.
provisions of the RPC, which by their nature, are 5. Drawing/cocking a gun without aiming a
necessarily applicable, may be applied suppletorily. particular target is not an unlawful
aggression.
Thus, the principle of conspiracy may be applied to 6. Pointing a gun with intent to
R.A. No. 9262. For once conspiracy or action in shoot/brandishing a knife in the act of
concert to achieve a criminal design is shown, the stabbing is unlawful aggression - this is
act of one is the act of all the conspirators, and the imminent danger.
precise extent or modality of participation of each of
them becomes secondary, since all the There is a newly-wed couple. The husband is
conspirators are principals. (Tan vs Tan, 2008) working in a call center. One night, the wife was
awakened when she sensed that someone was

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touching her. She thought it was her husband, so
she did not resist. When the wife did not resist, the TN: A law enforcer does not need to give the other
man proceeded to touch her private parts but still person an equal opportunity. A law enforcer is
the wife did not resist. Even after removing her allowed to use superior force. When he attacks, he
underwear, she did not resist. The man had sex is allowed to arrest and overcome the violator.
with her. After the deed, the man thanked her,
saying “I hoped you enjoyed it as much as I did.”. Lack of sufficient provocation of the person
When the wife realized that it was not her husband, defending himself
she took her knife and stabbed the man, who
happened to be her neighbor. She was charged Situations:
with homicide. Will self-defense prosper as a 1. No provocation by accused (person
defense? defending himself)
2. The provocation was made by the victim
No. Because at that very moment, there was no (aggressor)
more unlawful aggression when she stabbed the 3. There’s provocation by accused, but it was
man. In this case, there was already retaliation, not not sufficient
self-defense. Once the unlawful aggression has 4. There was sufficient provocation, but it was
already ceased to exist, there is no more reason to not immediate and proximate
use force. Otherwise, it is already retaliation. (PP vs
Alconga 78 Phil. 366) RA 9262 - VAWC
No criminal/civil liability, notwithstanding the
TN: when there is an agreement, unlawful requisites of self-defense as long as BWS is proven
aggression is legitimate and there is no unlawful to be present during that time.
aggression. No self-defense.
Battered woman syndrome - a woman with BWS
Whenever there is unlawful aggression, then the could not be held liable; it is a justifying
second element applies: reasonable means to circumstance. It is not necessary that any of the
repel/prevent the attack. elements of self-defense is present. Even if there
was sufficient provocation by the battered woman.
Reasonable means to repel/prevent the attack
The means must be reasonable and necessary. 2. Defense of relatives
a. Unlawful aggression
To determine, it depends on the circumstances. b. Reasonable necessity of the means
1. Knife vs gun - reasonable employed to repel the attack
2. Gun vs bolo - reasonable c. In case a relative made the provocation, the
3. Batota vs knife - reasonable accused took no part therein; the accused
did not make the provocation.
Perfect equality of the weapons is not required.
Person has no more time to pick a weapon. Relatives - spouse, ascendant, descendant,
legitimate/illegitimate/adopted brothers and sisters,
Is it always unreasonable to use a knife against and relatives by affinity in the same degrees.
fists? It depends on the circumstances of the Relatives by consanguinity until the 4th degree
aggressor. (cousins).

Pp vs Sumicad Is the relationship by affinity created between the

Pp vs dela Cruz 61 Phil 344 husband and the blood relatives of his wife (as well

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8
as between the wife and the blood relatives of her fixed marriage; woman is justified by avoiding a
husband) dissolved by the death of one spouse, loveless marriage.
thus ending the marriage which created such
relationship by affinity? Pp vs Ty - The evil sought to be avoided is merely
No. Thus, for purposes of Article 332(1) of the speculative.
Revised Penal Code, the relationship by affinity
created between the surviving spouse and the This is the only circumstance that there will be civil
blood relatives of the deceased spouse survives liability by the person benefited.
the death of either party to the marriage which
created the affinity (The same principle applies to 5. Fulfillment of a duty or lawful exercise of a
the justifying circumstance of defense of one’s right or duty.
relatives under Article 11[2] of the Revised Penal a. Accused is performing a duty
Code, the mitigating circumstance of immediate b. The injury caused is a necessary
vindication of grave offense committed against consequence of the due performance of
one’s relatives under Article 13[5] of the same duty or lawful exercise of such right.
Code and the absolutory cause of relationship in c. There is no negligence on the part of the
favor of accessories under Article 20 also of the accused.
same Code). (People vs Carungcong 2010)
Ex. You’re a jail guard and there is an escapee.
3. Defense of strangers - covers those not After firing a warning shot, the escapee did not
included in defense of relatives heed. You shoot the escapee and the latter dies.
a. Unlawful aggression Are you liable? No.
b. Reasonable necessity of the means
employed to repel/prevent the attack 6. Obedience to an order issued for some lawful
c. The person defending the stranger should purpose
not be induced by revenge, resentment or a. There is an order by a superior
other evil motive. b. Such order must be for some lawful purpose
c. The means used by the subordinate to carry
The motive must be generous or heroic. The motive out said order is lawful
is evidentiary in nature.
Exempting circumstances
4. Avoidance of greater evil or injury Art. 12
a. Damage sought to be avoided actually 1. Insanity or imbecility (deprivation of
exists intelligence)
b. Injury feared be greater than that done to
avoid it At the time of the commission of the crime, the
c. No other practical or less harmful means of insane/imbecile is not criminally liable
preventing it
Imbecile - advanced age but has the mental
Ex. Doctor aborts the child to save the mother; or in development comparable to children between the
the case of storms, the ship crew can throw away ages of 2 to 7 years old.
baggage to save the ship and avoid a greater
injury. It must be established that he is completely
deprived of reason at the commission of the crime.
Pp vs Hernandez - accused committed slander by He is exempt at all times.
deed by eloping with another man and avoiding a

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Insane - it must be proven that at the time of the a. Performing a lawful act
commission of the crime, there was complete b. Performing the act with due care
absence or deprivation of his intelligence or total c. Causes an injury to another by
deprivation of his free will. He could be held liable if accident
it is established that he committed the crime during d. Without fault or intention to cause
a lucid interval. the injury.

Sanity is presumed. He who claims insanity must If there is negligence, crime would be quasi-
establish that claim by clear and convincing offense; reckless imprudence.
evidence (manghud sa proof beyond reasonable doubt,
maguwang sa preponderance) In accidents, there is no criminal intent. Also, there
is no criminal or civil liability.
If it is established that the accused was insane or
an imbecile at the time of the commission, the Accident - [t]hat which happens by chance or
accused would be acquitted. He will be confined in fortuitously, without intention and design, and which
a mental hospital until he is healed. is unexpected, unusual and unforeseen.

2. Minority People vs Abarca - acquitted for the death of the

paramour; he could not be convicted for frustrated
RA 9344 - 15 years of age or under is exempt from murder of the unintended victims because there is
criminal liability. Discernment does not matter if he no intent. He is convicted for reckless imprudence
is 15 years of age or under. for the unintended injuries on the unintended victim
because of negligence.
15 years and 1 day but under 18 years of age, but
acted without discernment, is also exempt from 4. Acted under the compulsion of an
criminal liability. irresistible force
a. There must be compulsion by
What should be done to the exempt minor? He is physical force to commit a crime
subjected to intervention. b. The physical force must be
irresistible
Intervention - series of activities designed to c. The physical force must come from
address the reasons that caused the child to a third person.
commit an offense.
Irresistible force - physical violence. In order to be
Discernment - mental capacity to understand the considered exempting, it must actually exist or is
difference between right and wrong. Prosecution imminent. A threat of future injury is not enough.
has the duty to prove discernment. This must be One is forcing another to commit a crime.
alleged and proved.
The accused acted without freedom.
If over 15 and below 18 years of age, with
discernment, he could be held liable. “An act done by me which is against my will is not
my act.”
3. Any person while doing a lawful act with
due care, causes an injury by mere 5. Uncontrollable fear of an equal or greater
accident to another, without fault or injury.
intention of causing such injury.

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10
 a. Injury feared must be equal or Absolutory causes - nature is similar to exempting
greater than the crime actually circumstance; the act is a crime, but for reasons of
committed. public policy and sentiment, no penalty is imposed.
b. The injury feared is of such gravity 1. Instigation - where the instigator, usually a
and imminence that an ordinary man law enforcer, induces an innocent person to
would succumb to it. commit a crime. Here, the enforcer is a
c. The uncontrollable fear must be of principal by inducement. This is different
such nature as to not provide an from entrapment, which is NOT an
opportunity to escape or put up his absolutory cause; the difference is that in
defense. instigation, there is yet no crime being
committed and a person is induced. In
Fear must be actual, real or imminent. It should not entrapment, the accused is already
be speculative. A threat of future injury is not committing a crime before the enforcer
enough. trapped him and there is no inducement.

6. Insuperable cause Ex. PO1 X asked Y to buy shabu from Z, a

a. Person is performing an act required notorious drug lord. Y refused and told PO1
by law X that he already turned away from drugs
b. He fails to perform the act after his surrender in the past year. PO1 X
c. His failure was due to some lawful or convinced Y to help him and Y agreed. Y
insuperable cause. was given the buy bust money. During the
buy-bust operation, PO1 X followed Y and
Insuperable cause - insurmountable; beyond the after the transaction was finished, both Y
control of the accused. and Z were arrested. If you were the
counsel for Mr. Y, what will be your
Soria vs Desierto, Jan 31, 2005 defense? Can that evidence be available
US vs Vicentillo 19 Phil. 118 also for Mr. Z?

On Saturdays, courts are open half day in Cebu Answer: No, Y is not liable because he was
City. instigated. Distinguish instigation and
entrapment.
Difference between justifying and exempting
circumstances Instigation is the means by which the
In justifying circumstances, there is no crime accused is lured into the commission of the
committed because his act is lawful. The accused offense charged in order to prosecute him.
is not civilly liable except for avoidance of a greater On the other hand, entrapment is the
evil. employment of such ways and means for
the purpose of trapping or capturing a
In exempting circumstances, there is a crime, but lawbreaker. Thus, in instigation, officers of
there is no criminal liability because it is not the law or their agents incite, induce,
penalized; the accused is merely exempt. Here, the instigate or lure an accused into committing
accused is civilly liable except for accident and an offense which he or she would otherwise
insuperable cause. not commit and has no intention of
committing. But in entrapment, the criminal
intent or design to commit the offense
charged originates in the mind of the

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 accused, and law enforcement officials
merely facilitate the apprehension of the All divisible penalties are presumed to be in their
criminal by employing ruses and schemes; medium.
thus, the accused cannot justify his or her
conduct. In instigation, where law enforcers Art. 13
act as co-principals, the accused will have Privilege mitigating circumstances
to be acquitted. But entrapment cannot bar 1. Minority who committed a crime with
prosecution and conviction. As has been discernment (1 degree lower)
said, instigation is a "trap for the unwary 2. Incomplete justifying or exempting
innocent," while entrapment is a "trap for the circumstance (provided the majority of
unwary criminal." elements are present)
3. When there are 2 or more ordinary
2. Art. 20 - Accessories exempt from criminal mitigating circumstances, without any
liability aggravating circumstances (not really a
3. Art. 332 - Crimes of estafa, theft committed privilege mitigating circumstance, but
by family treated like it)
4. Art. 344 - Marriage of the offender and
offended party Ordinary vs Privileged mitigating
circumstances
--------------------------------------------------------------------
Ordinary Privileged
Penalties - can either be divisible and indivisible. mitigating mitigating

Indivisible penalties - cannot be divided and should As to whether Can be offset Cannot be offset
it may be by aggravating (except for 2
be given as a whole. (ex. Reclusion perpetua)
offset circumstances mitigating
There are only 3 indivisible penalties: death, circumstances)
reclusion perpetua and public censure [Art. 71])
As to effect The penalty The penalty is
Divisible penalties - can be divided into 3 periods: shall be lowered by
imposed in its one degree
minimum, medium and maximum periods. (ex.
minimum
Arresto menor [1 day to 30 days]; if divided into 3 period
equally, then its minimum would be 1-10 days; 11-
20 days, medium; 21-30, maximum) [See Art. 76]

Degree - refers to the entire penalty; one unit of Mitigating Circumstances - person is liable but
penalty in the graduated scales. It is the penalty penalty is reduced or mitigated.
prescribed under the RPC for a crime. (check Art. 1. Incomplete justifying and exempting
71) circumstances (Art. 69)
Period - refers to divisible penalties that can be 2. Minority - either exempting or mitigating
divided into 3 periods 3. Accused is over 70 years old (if exactly 70
years old, not mitigating)
Two kinds of mitigating circumstances 4. No intention to commit so grave a wrong
1. Ordinary - lowers the prescribed penalty to (praeter intentionem)
a period. Only useful for divisible crimes.
2. Privilege - lowers the penalty to the next Only applies to intentional felonies.
degree.

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Intent - matter of mental state. This should be adopted brothers or sisters, or relatives by
determined by the external acts of the accused. affinity within the same degree
a. Weapon used a. There be a grave offense done to the one
b. Part of the body injured committing the felony, his spouse,
c. The manner of how it was committed ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or
If the means used in inflicting the injury would also relatives by affinity within the same degrees;
naturally bring about the crime being committed, b. That the felony is committed in vindication
praeter intentionem will not apply as mitigating of such grave offense.
circumstance. (31 Phil 240) c. A lapse of time is allowed between the
vindication and the oding of the grave
The use of the firearm would indicate the intention offense.
of the accused to commit homicide.
Grave offense - refers to a wrong; not necessarily a
5. That sufficient provocation or threat on the crime. It need not be unlawful.
part of the offended party party immediately
preceded the act Time interval is allowed. Proximate time.
a. That the provocation must be sufficient
b. That it must originate from the offended In the case of People vs Palaan, the killing of the
party paramour by the offended husband one day after
c. That the provocation must be immediate to the adultery was considered still proximate.
the act
In the case of People vs Diokno (63 Phil. 601), the
“Sufficient” - means adequate to excite a person to lapse of time between the grave offense was 2 or 3
commit the wrong and must accordingly be days.
proportionate to its gravity. (People vs Nabora, 73
Phil. 434, 435) However, in People vs Lumayag, the deceased
boxed the accused several times in the face
No time interval is allowed; must be immediate. In approximately 9 months before the killing. There
this case, the accused has not regained his reason. was no immediate vindication.

The threat should not be offensive and positively In People vs Benito, the deceased uttered an insult
strong; otherwise, it may give rise to self-defense. at 11 o’clock in the morning in the presence of the
accused. At 5 o’clock in the afternoon of the same
Sufficient provocation day, the accused killed the deceased. The court did
● As an element of self-defense, it pertains to not appreciate the mitigating circumstance of
its absence on the part of the person immediate vindication.
defending himself;
● As a mitigating circumstance, it pertains to
its presence on the part of the offended
Provocation Vindication
party.
As to whom Made directly May be
6. That the act was committed in the immediate committed only to the committed also
vindication of a grave offense to the one person against the
committing the felony (delito), his spouse, committing the offender’s
felony relatives
ascendants, descendants, legitimate, natural or

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 mentioned in
the law See US vs Hicks - In order for passion to be
considered, the same must arise from lawful
As to what is The cause that The offended sentiments, and not from the spirit of lawlessness.
done against brought about party must Here the victim had every right to refuse.
the accused the have done a
provocation grave offense
US vs dela Cruz - Compare with US vs Hicks.
need not be to the offender
grave or his relatives Common law spouses;
mentioned in
the law In the former case (Hicks) the cause alleged
"passion and obfuscation" of the aggressor was the
As to when the The The vindication convict's vexation, disappointment and deliberate
provocation or provocation or of the grave
anger engendered by the refusal of the woman to
vindication threat offense may
was done immediately be proximate; continue to live in illicit relations with him, which she
preceded the there is an had a perfect right to do; his reason for killing her
act; there is no interval of time being merely that he had elected to leave him and
interval of time with his full knowledge to go and live with another
man. In the present case however, the impulse
upon which defendant acted and which naturally
7. Passion "produced passion and obfuscation" was not that
a. The accused acted upon an impulse the woman declined to have illicit relations with him,
b. The impulse must be so powerful that it but the sudden revelation that she was untrue to
naturally produced passion or obfuscation in him, and his discovery of her in flagrante in the
him arms of another.

The act of the victim has created an impulse so The act which produced passion or obfuscation
powerful which produced passion or obfuscation to must have taken place at a time not far removed
the accused. The said act must be unlawful or from the commission of the crime.
unjust. The act must also be sufficient to produce
such condition of the mind such that it must not be There could have been no mitigating circumstance
merely trivial or slight. of passion or obfuscation when more than 24 hours
elapsed between the alleged insult and the
Impulse is a sudden and unreflected urge or desire commission of the felony (People vs Sarikala), or if
to commit the crime. There is diminution of will several horse passed between the cause of
power. passion or obfuscation and the commission of the
crime (People vs Aguinaldo), or where at least half
The passion or obfuscation must arise from lawful an hour intervened between the previous fight and
sentiments. It must not be committed in a spirit of subsequent killing of the deceased by the accused.
lawlessness or spirit of revenge. (People vs Matbagon)

Does not allow time intervals; the act must be If time has already elapsed, that means the
committed immediately. accused had already the chance to reach serenity;
there is no more diminution of reason.
There is no passion or obfuscation where the victim
was merely performing a lawful act or duty. US vs 8. Offender had voluntarily surrendered himself
Taylor 6 Phil 162 to a person in authority or his agents

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 11. Illness that would diminish the will-power of
Offender has not yet been actually arrested. the accused

Offender surrendered himself to a person in If the accused is mentally retarded, he is entitled to

authority or his agent and that the surrender is the mitigating circumstance.
voluntary.
Before VAWC, the Battered Woman Syndrome was
Person in authority - persons vested with an illness, entitling the accused to the mitigating
jurisdiction and power to govern (ex. Mayors, circumstance.
governors, judges, barangay chairman and
councilors, etc.) 12. Analogous cases
Agents of persons in authority - charged with the Similar circumstances
maintenance of public order (ex. Police, tanod, etc) 1. Over 60 with failing eyesight
2. Accused returned the stolen amount of
Surrender must be voluntary - must be public funds he misappropriated; voluntary
spontaneous and unconditional. He should return of the amount is equivalent to
acknowledge his guilt and the reason for his voluntary surrender. (Sarigumba vs
surrender should be because he admits the crime Sandiganbayan 2005)
or he wishes to save the authorities from the 3. Jealousy (36 OG 763)
expenses of his search and capture. 4. Extreme poverty (Pp vs Agustin 16 Scra
467) - incomplete justifying: avoidance of a
9. Or that he had voluntarily confessed his guilt greater evil
before the court prior to the presentation of the
evidence for the prosecution. Art. 14
a. Made in open court Aggravating Circumstances
b. Accused must plead guilty to the crime Increases penalty up to the maximum, but, as a
before presentation of the evidence of the rule, does not go beyond it (except for qualifying).
prosecutor (during arraignment, pre-trial,
before presentation of witness Kinds:
c. It must be spontaneous and voluntary 1. Generic - applies to all crimes
d. It must be pleaded on the same offense 2. Specific - opposite of generic; applicable
charged only to particular crimes (ex. Treachery is
only applicable to crimes against persons)
If information was amended, confession may still be 3. Qualifying - changes the nature of the crime
mitigating. 4. Inherent - parts of the elements of the
crime; would no longer be considered in
10. That the offender is deaf and dumb, blind, or increasing the penalty because it is
otherwise suffering some physical defect, absorbed.
which thus restricts his means of action, 5. Special aggravating - arise under specified
defense or communication with his fellow conditions to increase the penalty. This kind
beings. cannot be offset by mitigating
circumstances. (Ex. quasi-recidivism)
Accused is a PWD. His defect must relate to the
mode or manner of the commission of the crime. Basis: the accused is considered more wicked and
PP vs Francisco (2000) more perverse than other criminals.

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 Qualifying vs Generic aggravating
circumstances 2. That the crime be committed in contempt of
or with insult to the public authorities.
Generic Qualifying
The public officers here are persons in authority.
As to whether Can be offset Cannot be
it can be offset offset The person in authority is not the victim; the crime
by mitigating is merely committed in their presence.
circumstances

As to effects May warrant It is possible Mayors/barangay captains have the duty to inspect
imposition of a that the projects outside their offices. If the accused
penalty in its penalty would committed the crime in the presence of the person
maximum be higher than in authority, this is aggravating.
period the maximum
prescribed Elements:
a. Public authority is doing his duty
b. Public authority is not the victim
All kinds of aggravating circumstances must be c. Offender knows he is a public authority
alleged in the complaint and proved. Otherwise, it d. Presence of public authority did not prevent
cannot be used to increase the penalty, unless the commission of the crime.
generic aggravating circumstances are proved by
evidence without the objection of the other party. In Policemen are not considered as persons in
which case it may increase penalty, but it will not authority; they are merely agents.
qualify the offense.
3. That the act be committed with insult or in
1. That advantage be taken by the offender of disregard of the respect due to the offended
his public position. party on account of his rank, age, or sex, or that
it be committed in the dwelling of the offended
The offender is a public officer or government party, if the latter has not given provocation.
employee who took advantage of his public
position. It must be proven that the accused took There must be proof that there was deliberate
advantage and abused his office to commit the intent to insult a person’s rank, age, or sex.
crime.
Rank - high social position.
In extortion, where the policemen used and abused
their position in committing robbery, the SC ruled Disregard of rank - applicable to any person of high
that the mere fact the accused were all police rank. Ex. judge, (Pp vs Valeriano 90 Phil 15)
officers placed them in the position to commit the general of the army
offense.
Disregard of age - old age or child of tender years.
In homicide, the accused used his service firearm. Ex. an octogenarian is killed by a person in his 40s;
That in itself, is not aggravating. victim was only 3 years old (Pp vs Lora); victim was
12 years.
When public position is an element of the crime
committed, such as in malversation, it cannot be
considered in increasing the penalty.

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Not considered: victim was 81 years old, because Abuse of confidence - to be aggravating,
there was no proof of deliberate intent to insult the confidence of the victim on the accused must have
age. (pp vs dela Cruz 2004) facilitated in the commission of the crime.

Disregard of sex - applicable only to females. There Obvious ungratefulness - lack of gratitude
must be proof that the accused has manifested
disrespect to the womanhood of the victim. Ex. a Ex. Person who killed his benefactor
lady teacher in a direct assault case; the accused
has a female relative who was killed, so as 5. That the crime be committed in the palace of
revenge, he also killed the female relatives of the the Chief Executive, or in his presence, or
killer. where public authorities are engaged in the
discharge of their duties, or in a place
Dwelling - crime committed inside the dwelling. dedicated to religious worship.
Dwelling to be considered refers to building or
structure EXCLUSIVELY used for rest and comfort. a. The place of the commission of the crime:
If the dwelling is also used for business, it is not Malacañan Palace; the presence of the
considered aggravating. President is not necessary in this case.
b. The crime is committed in the presence of
The staircase or porch or enclosure of the house is the President. President need not be doing
part of the dwelling. his duties.
c. Where the public authorities are engaged in
Basis: the sanctity the law affords to the human the discharge of their duties and a crime is
abode committed. Here, the crime is committed
inside the office of the person in authority
Suppose the victim is inside, while the accused was and the person in authority is engaged in
outside when he killed the victim, is this the performance of his duties and he
aggravating? Yes. So even if the accused was not COULD BE the victim. (ex. Board of election
inside the house, dwelling is still aggravating. inspectors member was killed in the polling
place (PP vs Canoy 1954); Governor was
Victim must be the owner/lessee/bed shot in his own office.
spacer/sleeping as a guest in the house. However,
if the accused is also an occupant of the dwelling of Difference with paragraph 2:
the victim, dwelling is not aggravating. Exception to In his office; here he could be the victim
the exception: adultery being committed in the
dwelling/conjugal home. (US vs Ybañez) d. Crime is committed in a place dedicated to
religious worship. This includes churches,
However, dwelling IS NOT aggravating if the victim chapels, mosques, etc. The crime is
gave sufficient provocation to the accused. (US vs purposely committed inside the place. A
3 Phil 10) cemetery is not a place dedicated to
religious worship and, therefore, not
4. That the act be committed with abuse of aggravating. In order to be considered, it
confidence or obvious ungratefulness. must be proved that the offender purposely
committed the crime in such a place of
Confidence - means trust. worship.

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6. That the crime be committed in the nighttime, 7. That the crime be committed on the occasion
or in an uninhabited place, or by a band, of a conflagration, shipwreck, earthquake,
whenever such circumstances may facilitate the epidemic or other calamity or misfortune.
commission of the offense.
8. That the crime be committed with the aid of
Whenever more than three armed malefactors armed men or persons who insure or afford
shall have acted together in the commission of impunity.
an offense it shall be deemed to have been
committed by a band. Unlike band, here the armed men took part in the
crime directly or indirectly. Aid of armed men is
There must be proof that nighttime, band and an absorbed in band.
uninhabited place have facilitated the accused in
the commission of the crime. If merely incidental, Aid or armed men vs band
then they are not aggravating.
Aid of armed Band
Nighttime - sunset to sunrise. If the place is well- men
illuminated, nighttime is not aggravating. It is only
aggravating if the crime was purposely committed As to persons Less than 4 or At least 4
in the nighttime to easily consummate the crime or involved more than 4, armed men
ensure the offender’s immunity from capture or in but only 3 or
less are armed
order to prevent his identification. By itself it is not
aggravating; it is only aggravating when it is As to Direct or Direct
specifically sought for. participation indirect participation
participation
Uninhabited place - no house at all or the houses
are scattered at a great distance and there is no
possibility for the victim to call for help. This must 9. That the accused is a recidivist.
be specifically sought for. This also applied if the
victim was killed in the sea, as long as it was not A recidivist is one who, at the time of his trial
possible for the victim to call for help. In one case, for one crime, shall have been previously
this was applied, when the victim was killed 200m convicted by final judgment of another crime
away from the house in an isolated grassy area embraced in the same title of this Code.
near the river.
10. That the offender has been previously
Band - when more than 3 armed men acted punished for an offense to which the law
together in the commission of the crime (at least 4 attaches an equal or greater penalty or for two
and all were armed, who directly participated in the or more crimes to which it attaches a lighter
crime). A person is armed when he has a weapon penalty.
capable of inflicting injuries. A stone may be
considered as a weapon. This is only aggravating if a. Recidivism - the accused has been
the accused took advantage of the band. previously convicted by final judgment AND
he committed another crime that falls under
Case of robbery with rape, when 1 was armed with the same title under the RPC and is now on
a gun, and the other 3 were armed with knives. trial.
Band was aggravating.

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18
 Suppose in the first crime is still pending present? Answer is habituality. The accused
appeal and he is convicted in the second was previously punished with a penalty of
crime: not a recidivist because the former an equal or greater penalty than the present
crime is not yet final crime.

Suppose the accused was convicted of theft Suppose the present charge was homicide
in 1990 and now is on trial for another crime (reclusion temporal)? Answer: Habituality
of theft, if he is guilty for the second crime,
even after a lapse of time, he is still a Suppose he is charged with homicide, but
recidivist. Time is immaterial. his previous crime was merely unjust
vexation (arresto menor). If he is convicted
Suppose the accused was previously with homicide, is there habituality? No.
convicted with attempted homicide, and now
he is convicted with furstrated murder: he is Suppose aside from unjust vexation, he was
a recidivist. Both crimes fall under the same also punished for alarms and scandals
Title. (arresto menor). If he is convicted with
homicide, is there habituality? Yes, because
Suppose the accused last January 2020 the 2 previous crimes consisted of lesser
committed theft. He put up bail. offenses.
Subsequently, he committed theft again. He
pleaded guilty in the second theft, but the Distinguish recidivism and
first crime is still on trial. Eventually he was reiteracion/habituality
convicted of the first crime. Is he a recidivist Recidivism - both crimes fall under the
upon his conviction of his first crime? No. same title of the RPC; it is enough that the
Conviction must refer to the first crime he accused has been previously convicted by
committed. final judgment.
Reiteracion - previous and present crimes
Suppose he is pardoned, is he still a must not fall under the same title under
recidivist? Yes. Pardon does not obliterate RPC; it is necessary that the accused shall
the crime; it merely obliterates the penalty. already have served out his sentence.
How about in amnesty? Not anymore. In
amnesty, it is as if the accused never c. Quasi-recidivism (Art. 160) - when a person
committed the crime. commits a felony after having been
convicted by final judgment, before
b. Habituality/Reiteracion - the accused was beginning to serve his sentence or while
convicted and has served his sentence, serving his sentence. The first crime may be
then he is convicted of a new crime. The a crime under the RPC/SPL, but the second
penalty for the previous crime must be crime must necessarily be a felony.
greater or equal to the present crime.
Suppose the accused was charged with
Suppose the accused had been previously illegal possession of firearms and filed for
convicted of forcible abduction and had bail. Upon his conviction, he wasn’t present,
served his sentence (reclusion temporal). so the court issued a warrant of arrest. After
He is now tried for the crime of attempted serving the warrant, the accused fought
homicide. If he is convicted of the present back with the police and killed one of them.
crime, what aggravating circumstance is There is quasi-recidivism.

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 11. That the crime be committed in
Effect: Maximum period, cannot be consideration of a price, reward, or promise.
mitigated by ordinary mitigating
circumstances. The crime is committed by at least 2 persons: the
giver and the receiver. Necessarily there is
d. Habitual delinquency/multi-recidivism (Art. conspiracy between the two. To be considered as
62, last paragraph) - There are 3 crimes. aggravating, the price or reward must be the
This is only applicable to: Robbery, theft, primary consideration of the principal by direct
estafa, falsification, serious and less serious participation.
physical injuries (habitual delinquent crimes)
F.R.E.T.S.L. If Y kills A, who is the enemy of X, and X rewards Y
as appreciation of his deed, is the giving of the
Requisites: reward aggravating? No. It is necessary that the
a. The accused has been previously giving must be the primary consideration, or only
convicted twice or more of said reason, as to why the crime was committed.
habitual delinquent crimes,
combination or the same. He is now If the crime committed is killing or if the act
on trial for the third crime. committed is killing of a person, the killing would
b. The time interval between the first become murder. This aggravating circumstance is
and second conviction or release a qualifying circumstance.
and the second conviction, and so
on, must be less than 10 years. If the crime committed was physical injuries, on the
consideration of the reward, the crime would be
Suppose X was convicted of theft in June physical injuries, with the aggravating circumstance
2005. In December 2014, he was convicted of price, reward or promise.
of theft again. In March 2020 he was
charged with theft. If he is convicted of the 12. That the crime be committed by means of
present charge, there is multi-recidivism. inundation, fire, poison, explosion, stranding of
Paragraph 5 of Art. 62. a vessel or intentional damage thereto,
derailment of a locomotive, or by the use of any
Suppose X was released in June 2005. Is other artifice involving great waste and ruin.
he still a multi-recidivist? Yes, because the
reckoning period is either conviction or Any of these circumstances is used by the offender
release. to commit the crime. If used to kill a person, the
crime would be murder. This is a qualifying
What is the effect of multi-recidivism (Art. circumstance for murder.
62)? Accused will be imposed an additional
penalty, as if he committed another crime. How does it differ from par. 7? In par. 7, the phrase
On his third prision correccional medium is “on occasion of” or during. Here, the accused
and maximum. On his fourth, //// uses the circumstance as a means to commit the
crime.
If he committed multiple thefts, is he also a
recidivist? Yes. If the perpetrator didn’t know there was a person,
no intention to kill, and his main intention is to burn
the building, the crime would be arson, even if
somebody dies.

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 5. The lapse of two and a half horse is not
Suppose the accused killed the victim first and to sufficient (in pp vs duaves 2011)
hide the victim, he burned the building? Here, there
are two crimes: homicide/murder and arson. To be safe, use 3 hours. Just say “Under existing
jurisprudence” or cite a case to top the bar.
If a person kills another using poison, the crim
would be murder as it is a qualifying circumstance. Mere fact that there was sufficient lapse of time is
But if he poisons a dog, it would be malicious not enough; there must be clear and convincing
mischief, a special case of malicious mischief. evidence. All requisites must be present, but the
most important is the third requisite.
In the use of explosive to kill a person, murder is
the crime. If used to damage property, the use of 14. That craft, fraud, or disguise be employed.
explosives would be aggravating.
Craft - act; the accused commits an act in such a
13. That the act be committed with evident way that the victim would not suspect that the
premeditation. accused has a criminal intention. This is in order
not to arouse suspension. Employs trickery and
Premeditation - planned cunning.
Evident - clear
Ex. Accused pretended to be soldiers in order to
Perpetrator has clearly planned to commit the crime enter the house of the victim. Or perpetrator
pretended to be policemen so that the victim would
Elements: not suspect that the accused would commit a crime
1. Time when the offender has determined to against them. (Pp vs Saquing)
commit the crime must be established
2. The act/s done which indicate that the Ex. Accused used innocent-looking choco candies
offender has planned and decided to which contained drugs to weaken the victim’s
commit the crime. resistance to rape.
3. There must be sufficient lapse of time
between the determination and the Fraud - deceitful or insidious words or machinations
execution. Pp vs Nicolas to induce the victim to enable the offender to carry
out his evil plan.
Deliberate planning of the time, method of the
commission of the crime. Ex. Accused told the soldiers that he will surrender
together with his weapons and that they plan to
What is the meaning of sufficient lapse of time? meet in this particular place. When they arrived, the
The SC is not consistent: accused killed the soldiers. (US vs Avelindi 1 phil
1. Thirty minutes is not a sufficient lapse of 568)
time.
2. The lapse of three hours would be Disguise - use of devices to conceal the identity.
considered sufficient lapse of time. The purpose is to conceal identity.
3. Interval of one hour is sufficient lapse of
time. Ex. The accused in killing another person was
4. The lapse of two hours is not considered wearing a bonnet and fired their guns outside the
sufficient victim’s house. Circumstances present: disguise
and dwelling. Pp vs Sibbu 2017

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21
 2. Employment of means, methods or forms of
Another case, accused was wearing sunglasses, execution thereby depriving the victim of the
hats and masks. Considering the accused and chance to defend himself
victim were familiar to each other, the victim was 3. The means were deliberately or consciously
able to identify the accused. Here, the wearing of adopted
mask was not aggravating.
Mere fact that the attack was unexpected, it does
15. That advantage be taken of superior not give rise to treachery. There must be proof that
strength, or means be employed to weaken the the means of execution were deliberately adopted.
defense.
Pp. vs Yanson case
a. Took advantage of superior strength
b. Deployed means to weaken the defense Ex. Victim was stabbed while he was asleep.(pp vs
Ybanez) Victim was first tied before he was
Mere superiority of strength does not automatically stabbed (pp vs Ong 1975) Where the victim was
create this aggravating circumstance. There must attacked from behind (Pp vs sikad 2002) Where the
be proof that the accused took advantage of it. accused approached the victim who were singing in
a videoke bar. (Pp vs __ 2009) or victim was just
Superior strength - physical might; superiority in eating and then gunned down
number. Superiority in arms or weapons.
Mere fact that the wounds of the victim were
If the use of the firearm only used in the spur of the located in the back would not give rise to treachery.
moment, then there is no proof that he took
advantage of it. If the victim is a child, that fact alone, would give
rise to treachery. Presumption is that the child was
To weaken the defense defenseless.
Ex.
1. accused threw sand in victim’s eyes If prior to the stabbing there was a heated
2. accused used teargas argument, there is no treachery, even if the attack
3. Victim was deliberately made intoxicated was sudden and unexpected. There must be proof
that the accused deliberately and consciously
16. That the act be committed with treachery adopted the attack. Pp vs Vilbar 2012
(alevosia).
The accused and the victim were having a drinking
There is treachery when the offender commits spree. In the course of their argument, the accused
any of the crimes against the person, told the group “wawalisin ko kayo”. 3 minutes later,
employing means, methods, or forms in the the accused returned carrying a kitchen knife and
execution thereof which tend directly and confronted the person he was arguing with. He
specially to insure its execution, without risk to stabbed the victim. He was charged with murder
himself arising from the defense which the aggravated by treachery and evident premeditation.
offended party might make. (Pp vs Macaspac 2017 GR 198954)

Treachery is only for crimes against persons. Treachery cannot be presumed; it must be proved
by clear and convincing evidence or the same
Requisites: evidence to prove the crime itself.
1. Offender commits crimes against persons

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Treachery must be present from the start of the Accused entered into the house through an
attack. (44 Phil 478) except if the attack was two- opening which is not used as an entrance. Pp vs
stage: in the second stage, the accused can be Barua 61 Phil 318
guilty if ===
US vs Baluyot 40 phil 385 There must be no breaking of windows or walls.
Otherwise it is par. 19 of Art. 14.
Treachery can be appreciated even if there is error
in personae or aberratio ictus. In the crime of trespass to dwelling, and robbery
with force upon things, it is not considered
Treachery absorbs abuse of superior strength, aggravating.
employed means to weaken the defense, band , aid
of armed men, craft, nighttime, poison, disregard of For other crimes, there are two aggravating
age and sex circumstances present: dwelling and unlawful entry.

17. That means be employed or circumstances 19. That as a means to the commission of a
brought about which add ignominy to the crime a wall, roof, floor, door, or window be
natural effects of the act. broken.

Refers to ignominy: moral suffering of the victim. Breaking of wall, roof, etc, in order to enter the
Before or while committing the crime, the accused house or building. It must be used as a means to
put the victim under moral suffering or humiliation. enter, not to exit.

Pp vs Jose Feb 6, 1971 - the act of the accused to If an offender breaks windows of a house, which is
compel the victim to dance naked was considered also used as a store and thereafter entered his
as ignominy because it put her in a humiliating hands while his body was outside the house, the
position. crime committed is only theft with the aggravating
circumstance of breaking the window.
Victim must still be alive while being subjected to
humiliation. If the dead body of the victim is Difference of Arts. 18 and 19
dismembered, there is no ignominy. 18 - no need to break/damage window
19 - a window, door, etc must be broken
If victim is already dead but still subjected to
humiliating act, this is called scoffing or outraging 20. That the crime be committed with the aid of
the corpse. This qualifies the homicide to murder. persons under fifteen years of age or by means
(see article on murder). of motor vehicles, airships, or other similar
means.
Robbery with rape/homicide, not considered
ignominy. A. Use of minors
B. The use of motor vehicles, airships or other
18. That the crime be committed after an similar means
unlawful entry.
Crimes done through riding in tandem - aggravating
There is an unlawful entry when an entrance is circumstance is use of motor vehicles (motorcycle)
effected by a way not intended for the purpose.

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To be considered aggravating, it is necessary that that day. The accused went to bed early, but could
the use of the motor vehicle has facilitated the not sleep because of what he saw. In the evening,
commission of the crime AND the escape. he decided to kill the victim. He took a knife,
entered the apartment through the window and
If X and Y had an altercation because of traffic, stabbed the victim and killed him in 3 hours.
then X killed Y, and subsequently used his motor Was there Evident premeditation, Treachery,
vehicle to escape, it is not aggravating. The use of nighttime, and unlawful entry?
the motor vehicle must have facilitated the
commission of the crime. A: No evident premeditation. He only decided to kill
the victim when he was not able to sleep thinking
Motor vehicle - does not include bicycle; includes about the suspected illicit relationship between his
only motorized vehicles and other efficient means wife and the victim.
of transportation, similar to motor vehicle and
airplane. Yes there is treachery. He did not afford the victim
defense. He deliberately and consciously used
A pedestrian was hit by a driver. After which, the means and methods in the commission of the crime
driver backed up to kill the pedestrian. What is the without giving the victim an opportunity to defend
crime? Murder aggravated by treachery. himself or escape.

21. That the wrong done in the commission of No nighttime because he did not make use of the
the crime be deliberately augmented by causing darkness of the night time in perpetrating the crime.
other wrong not necessary for its commission. Also, it is absorbed by treachery.

Cruelty (see Reyes) Unlawful entry is present because the offender

used an opening which is not used as an entrance
In a crime of murder, X before killing Y, gradually by entering through the window.
took the latter’s nails. Here X is causing Y
unnecessary pain and suffering and finds pleasure Q: Accused used nighttime and boxed the victim,
in doing so. which caused injury to the victim. He was in the
hospital for 20 days. WHat is the crime? Is there an
The culprit finds delight in causing unnecessary aggravating circumstance?
pain and suffering.
A: The crime is less serious physical injuries
Accused burned the mouth of the victim before A: Yes. Treachery or night time
killing him.
Supposed the victim dies because of pre-existing
Cruelty considered only when the cruel act was illness? What is the crime committed?
done to the victim while the latter was still alive.
Otherwise, scoffing/outraging the corpse under Art. A: Crime is murder. When the victim dies, intent to
248. kill is presumed. And because there is an
aggravating circumstance of treachery, it qualifies
Bar Q: The accused and the victim occupied the crime into murder.
adjacent apartments. Each being separate dwelling
units. The accused suspected his wife of having an There are aggravating circumstance that only
illicit relationship with the victim. He saw his wife applies to a particular accused
with the victim riding in tandem. In the evening of

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Ex. A and B committed robbery. A is a recidivist but
B is a first time offender. What is the aggravating Art. 63
circumstance? Recidivism, but it shall only apply to What if double indivisible, like reclusion perpetua to
A. death? If there is present the mitigating
circumstance of plea of guilt but without
H and W are spouses. H, in conspiracy with X, aggravating circumstance, the lower penalty shall
killed W. Relationship is only considered as regards be imposed.
X, so it’s parricide as against him only. How about if there is no mitigating but there is
aggravating circumstance? Penalty shall be the
Art. 14 and Art. 62 of the RPC higher penalty.
There are aggravating circumstances that are
already crimes in themselves. How about if there is a mitigating and an
aggravating? They offset. If sobra ang aggravating,
Ex. By means of fire; inherent in arson. Does not higher penalty. If sobra mitigating, lower penalty. If
increase the penalty of arson. Or evident zero, lower penalty.
premeditation is inherent in estafa or robbery.
There are crimes which prescribe mandatory death.
Committed by syndicate - special aggravating For now, penalty is automatically lowered to
reclusion perpetua.
Aggravating circumstance which arise from the
moral attributes of the offender What if a minor commits a crime, with discernment,
he is entitled to one degree lower. What is the
AC/Mitigating circumstance which is only for a basis? Example, qualified rape. If penalty is death,
particular accused. Ex. Minority, only mitigating on death is the starting point for the computation in its
the minor. lowering.

There are also aggra circumstances that is If moral damages would be imposed against the
particular to an accused because the other accused accused (to be penalized by death), the basis also
had no knowledge. is death, not reclusion perpetua.

Ex. X induced Y to kill A by giving him P50,000 but Art. 64

he did not tell Y how to kill A. Without the Divisible penalties - if no mitigating/aggravating,
knowledge of X, Y used treachery in killing A. Is penalty imposed in its medium period.
treachery applicable to X? No. It will only apply
against Y. X had no knowledge. If there is one mitigating, no aggravating, penalty
imposed in its minimum.
What is the effect of the presence of both mitigating
and aggravating circumstances? They offset. Art. If there is aggravating, but no mitigating, penalty
62. imposed in its maximum.

Art. 62 If there is mitigating and aggravating, it is offset.

What is the rule if the penalty is single and Same rule. If sobra aggravating, maximum; if sobra
indivisible, like reclusion perpetua, but accused mitigating, minimum.
surrendered, and pleaded guilty. Under Art. 63, the
mitigating circumstances have no effect. Reclusion If zero offset, lowered by next degree lower.
perpetua is still applied.

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If three mitigating in reclusion temporal: If offender is relative of victim, there’s no liability.
computation starts with prison mayor.
On the other hand, it is aggravating if crime against
This is only applied for crimes under the RPC. If person (like serious phyiscal injuries, rape, etc) Pp
penalized by special law, this will not apply. Unless vs Orellosa
the SPL uses the nomenclature of the RPC in the
penalties. B. Intoxication
Aggravating - offender is a habitual drunkard;
Alternative Circumstances accused seen drinking more than 12 times (US vs
McMan) or offender intentionally drank alcohol to
ARTICLE 15. Their Concept. — Alternative embolden himself subsequent to the plan to commit
circumstances are those which must be taken the crime.
into consideration as aggravating or mitigating Mitigating - if the offender was not a habitual
according to the nature and effects of the crime drunkard and the intoxication was not intentionally
and the other conditions attending its done to commit the crime.
commission. They are the relationship,
intoxication and the degree of instruction and It must be proven that the offender had taken
education of the offender. sufficient alcohol such that his mental faculties had
been affected. (Pp vs Bernal 2002)
The alternative circumstance of relationship
shall be taken into consideration when the C. Education
offended party is the spouse, ascendant, Mere illiteracy is not sufficient to consider education
descendant, legitimate, natural, or adopted as mitigating; it must be coupled with lack of
brother or sister, or relative by affinity in the sufficient intelligence.
same degrees of the offender.
High degree of instruction/education is aggravating.
The intoxication of the offender shall be taken
into consideration as a mitigating circumstance Ex. lawyer committing falsification/estafa; doctor
when the offender has committed a felony in a committing abortion.
state of intoxication, if the same is not habitual
or subsequent to the plan to commit said ARTICLE 16. Who are Criminally Liable. — The
felony; but when the intoxication is habitual or following are criminally liable for grave and less
intentional it shall be considered as an grave felonies:
aggravating circumstance.
1. Principals.
A. Relationship
Spouse, ascendant, descendant, legitimate, 2. Accomplices.
natural, or adopted brother or sister, or relative by One degree lower penalty
affinity in the same degrees of the offender.
3. Accessories.
Other relatives by analogy, this applies. (Ex. Two degrees lower penalty
stepson, etc.) Pp vs Calunggi March 3, 2006; Pp vs
kaparida 2004 The following are criminally liable for light
felonies:
Relationship is mitigating as with crimes against
property (estafa, theft and malicious mischief) 1. Principals.

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 Apart from physical presence, it is necessary that
2. Accomplices. there must be proof he committed an act towards
the accomplishment of the crime. The least that he
Accessories are not anymore penalized because can do is provide moral support or assistance to his
the penalty is also very light. co-conspirators. If there is no conspiracy when he
gives moral support, then he is a mere accomplice.
If crime is committed by only one person, Arts. 16-
20 has no use. If there is conspiracy, it is less Principal by inducement/induction - two ways:
complicated because they are all principals, a. By directly forcing another to commit a
regardless of their participation. crime (take note par. 5 and 6, Art. 12). Here,
only the principal by induction/direct
If there is no conspiracy and there are 2 or more participation is liable; the persons directly
accused, the court has to determine their participating are exempt from criminal
participation. Their participation will affect the liability.
imposition of the penalty. b. By giving prizes, reward or promise (take
note Art. 14) Here, the inducer and the one
ARTICLE 17. Principals. — The following are who directly participated are criminally
considered principals: liable.
If the one inducing uses words of command,
1. Those who take a direct part in the execution influence, advise, he is principal by
of the act; inducement.

2. Those who directly force or induce others to In order to become a principal by inducement, the
commit it; inducement should be the primary reason, if not the
only reason, why the principal by direct participation
3. Those who cooperate in the commission of committed the crime. If the principal by direct
the offense by another act without which it participation had other reasons, the inducer/giver of
would not have been accomplished. the prize is not liable.

3 kinds of principals Ex. Y was given by X of P50,000 to kill A. Y already

1. Principals by direct participation had an intention to kill A before. Is X liable as
2. Principal by induction/inducement principal by inducement? No.
3. Principal by indispensable cooperation
If S stabbed A because he was angry with him.
Principal by direct participation - see whether he is When he was about to deliver the second thrust,
present in the crime scene AND personally took incidentally the father of S (F) passed by and said,
part by acts which directly tended to the “ok very good, finish him off!”. Is Mr. F liable as
commission of the crime. Easier if there is principal by inducement? No. Even without F, S
conspiracy because they have the same penalty. would still have killed the victim. He had his own
reason to commit the crime.
A conspiracy exists even if not all participants
committed the same acts; it is enough that they Is the giver of an imprudent advice guilty as
committed specific acts which would indicate a principal by inducement? No. In order for the advice
common design and purpose. to be an inducement, it must be the determining
cause of the commission of the crime.

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The one uttering the words of command must have Suppose A was not present but he was the one
the intention of procuring the commission of the who induced B C and D?
crime. The one giving the command must also have A would be liable as principal by inducement; other
moral ascendancy or influence. The words must be by direct participation
so powerful as to amount to a moral coercion; it
must give pressure or influence to the principal by Suppose A was the giver of reward, but B would be
direct participation. the one to bring X to the place planned by
pretending that it was just going to be a drinking
The prize, reward or promise must be given prior to session?
the commission of the crime. A - direct inducement
C and D - direct participation
The principal by direct participation must not have B - indispensable cooperation
his own personal reason to commit the crime.
ARTICLE 18. Accomplices. — Accomplices are
In conspiracy, all conspirators re liable to the same those persons who, not being included in
crime. What if the crime committed by one was not article 17, cooperate in the execution of the
part of the plan? Principal by inducement not liable offense by previous or simultaneous acts.
for the other crime.
Accomplice - not a conspirator. He has cooperated
Principal by indispensable cooperation - in the commission of the crime by previous or
Requisites: simultaneous acts, but not being included in art. 17.
a. There must be conspiracy with other He has performed an act either prior or while the
principals crime is going on without making him a principal.
b. That he has performed another act, without
which the crime would not have been Ex.
committed 1. By previous acts:
A planned to kill X. In furtherance of his plan, A
“Another act” - act which is different from the acts went to his close friend B. A says “B, diba na kay
of the other principals. pusil? Pa borrow. I want to kill X” B, being a very
close friend, agrees to lend him a gun. A brought
X and Y raped the victim. When it was X’s turn to with him the firearm and killed X. What are the
rape, Y held the hands of the victim. X is the criminal liabilities of A and B? Was there
principal by direct participation and Y is the conspiracy?
principal by indispensable cooperation. If they took
turns, they are both liable as principals by direct No, there was no conspiracy although B knew of
participation and indispensable cooperation. the plan of A. This is what we call a “quasi
collective”. The liability of B would be that of an
Read: 31 phil 235 US vs Javier accomplice; he committed an act, by lending a gun,
which has cooperated and helped A in the
Q: A B C D took turns in stabbing Mr. X which commission of the crime. “Ni uyon” siya sa criminal
resulted in the latter’s death. What are the criminal design or purpose ni A. B’s act is only necessary,
liabilities and participation of each accused? but not indispensable.
All of the are liable as principals by direct
participation for the crime of homicide or murder. Suppose there was conspiracy between A and B,
but only A killed X and B only lent him his gun?

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Considering there is conspiracy, both of them are 5. The cooperation of the accomplice is merely
principals. necessary and not indispensable.

Suppose when A arrived at the house of X with B’s Q: X wanted to kill Y. To make it easier, X went to
gun and saw X sleeping in the bamboo bed. A the house of his cousin A to borrow his motorcycle.
killed him by stabbing. What is the liability of B? A asked X why and X told A that he wanted to kill
B has no criminal liability because his lending of his Y. At first A was hesitant, but eventually agreed. X
firearm did not help in the commission of the crime. used the motorcycle in killing Y. What is the
participation of A?
2. By simultaneous acts: A: He is not a principal by direct participation
A and Y had a fistfight, Upon seeing this incident, because he did not participate nor was he present.
without the knowledge of A, B, his brother, pulled He also did not induce X to commit the crime.
out a knife and stabbed Y in his side. Even while Y There was no conspiracy for he only concurred in
was already wounded, A continued to box Y. What the commission of the crime. A is, therefore, merely
is the liability of Y? an accomplice by previous acts.
Accomplice. He concurred in/with the principal by
direct participation. If the accomplice did not know of the reason, then
he will have no criminal liability. To be liable as
What if A stopped punching and asked B why he accomplice, he must have knowledge of the crime.
stabbed Y?
Their criminal liability would be separate. A would Any act which would help the principal in the
only be liable at most for physical injuries, but B commission of the crime. Other acts:
would be liable for homicide. There was no intent to a. Person who gave direction to the principal
kill by A. as to the location of the victim
b. Pharmacist gave drugs to the accused with
What if after B stabbed Y, A took a piece of wood knowledge of his evil designs (25 Phil 595
and hit Y in the head. Y died due to the stab wound US vs Flores)
and the injuries inflicted by A. What are their c. Person gives moral support, without
liabilities? conspiracy. (Pp vs Doctolero 193 SCRA
Both of them are liable as principals by direct 632; Pp vs Podia April 7, 2009) If mere
participation. Both of them inflicted serious wounds. presence, no act performed, not liable.
d. Person acted as lookout
Read: Pp vs Aplegido, 76 Phil 571 e. Person gives principal money for
transportation with knowledge of the evil
Summary of rules for an accomplice design
1. He should not be part of the conspiracy but
he has knowledge of the crime prior to the In case of doubt as to whether he is liable as
commission of the crime (he is told or he principal or accomplice, the liable as accomplice
sees the acts of the principal) (favorable to the accused; one degree lower
2. He merely concurred in or approved the act penalty)
of the principal by direct participation
3. He performed acts which helped in the Q: A, the leader of the vigilante group, was shown a
commission of the crime list of persons, alleged to be involved with drugs, to
4. His acts should be lesser than the acts of be killed. To ensure that they will not commit error,
the principal by direct participation. the members showed X the actual persons in the
list. X told them: “H and J already stopped being

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involved with drugs”. The vigilantes killed the three Accessories - have knowledge regarding the
in the list. What is the liability of X? commission of the crime, without participating
A: A has no liability. He is not an accomplice therein as principal or accomplice, but takes part
because he has no knowledge of the crime. He is subsequently by:
also not a principal because he did not participate, 1. By profiting themselves or assisting the offender
induce or cooperate. He is not liable. to profit by the effects of the crime.

Suppose the principal charged with the crime died. 2. By concealing or destroying the body of the
Is the accomplice still liable? crime, or the effects or instruments thereof, in order
It is a settled rule that the case against those to prevent its discovery.
charged as accomplices is not ipso facto dismissed
in the absence of trial of the purported principals; 3. By harboring, concealing, or assisting in the
the dismissal of the case against the latter; or even escape of the principal of the crime, provided the
the latter’s acquittal, especially when the accessory acts with abuse of his public functions or
occurrence of the crime has in fact been whenever the author of the crime is guilty of
established. The corresponding responsibilities of treason, parricide, murder, or an attempt to take the
the principal, accomplice, and accessory are life of the Chief Executive, or is known to be
distinct from each other. As long as the commission habitually guilty of some other crime.
of the offense can be duly established in evidence,
the determination of the liability of the accomplice Elements:
or accessory can proceed independently of that of 1. Knowledge of the commission of the crime
the principal. (Pp vs Bayabos Feb 18, 2015) 2. Performed an act subsequent to the
commission of the crime by committing any
ARTICLE 19. Accessories. — Accessories are of those acts mentioned in art. 19
those who, having knowledge of the 3. Should not be in conspiracy with the
commission of the crime, and without having principal/s
participated therein, either as principals or
accomplices, take part subsequent to its “Accessory to the crime of ____” or “He participated
commission in any of the following manners: as an accessory in the crime of _____”

1. By profiting themselves or assisting the The first act is by profiting himself or assisting the
offender to profit by the effects of the crime. offender to profit. Here, the crime has already been
committed.
2. By concealing or destroying the body of the
crime, or the effects or instruments thereof, in “Profiting himself and assisted the offender in
order to prevent its discovery. profiting” -

3. By harboring, concealing, or assisting in the How can the accessory know? The principal told
escape of the principal of the crime, provided him. Or through circumstances that would lead him
the accessory acts with abuse of his public to believe that the item might have come from an
functions or whenever the author of the crime is illegal source.
guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or Knowledge makes one an accessory.
is known to be habitually guilty of some other
crime. If there is conspiracy, he is liable as principal.

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Anti-fencing Law PD 1612 - "Fencing" is the act of Is the conviction of the principal necessary in order
any person who, with intent to gain for himself or for for a person to be liable for fencing? No it is not
another, shall buy, receive, possess, keep, acquire, necessary. (Pp vs Lim 2016) Although it is not
conceal, sell or dispose of, or shall buy and sell, or necessary, to convict a person under PD 1612, the
in any other manner deal in any article, item, object crime of theft or robbery must be established.
or anything of value which he knows, or should be
known to him, to have been derived from the If a person helps in hiding the body of the crime
proceeds of the crime of robbery or theft. (corpus delicti) or the effects and instruments used,
to prevent its discovery, that person is liable as an
"Fence" includes any person, firm, association accessory. Take note, the crime has already been
corporation or partnership or other organization committed so the accessory never participated in
who/which commits the act of fencing.(Sec. 2, PD the actual commission of the crime.
1612)
X Y and A were drinking. X was called by his wife.
The penalty imposed is the same as that of the Later Y and A were quarrelling and Y stabbed A. Y
principal because of PD 1612. This law applies only asked X to throw the body of A in the well. The
to robbery, carnapping, cattle rustling and theft body was subsequently found and autopsied. It was
being committed by the principal. later discovered that the victim died due to
drowning. What is the liability of X?
Patrolman X sold his service firearm to Y for He is liable as a principal. Accessory must not have
P10,000. Suppose Y is charged with PD1612, a participation in the crime.
would it prosper? No. Because PD 1612 applies
only when the crimes committed by the principal Read: People vs Ortega 276 SCRA 166
are robbery or theft.
X killed Y and escaped and hid in the house of his
If Y would be charged with malversation as an best friend/frat brother. The best friend had
accessory? Yes, he could be made liable. knowledge. What is the liability of the best friend?
Liable as accessory to the crime of
Suppose, a stolen item is found in possession of X murder/homicide.
and he is charged with violation of PD1612. Will the
defense that he did not know that the item he GR: Only the public officer who has abused his
possessed is stolen? Yes, if the accused can public office could be held liable as accessory
present adequate evidence of such a claim. Mere under paragraph c.
possession of stolen items shall be prima facie Exception: Civilian, for harboring,
evidence of fencing. This presumption is concealing or assisting in the principal, with
disputable. regard to certain crimes: murder, parricide,
treason, attempt on the life of the chief
If a person would buy an item which is the subject executive or if the principal is a habitual
of robbery or theft, could he be charged as delinquent/multi-recidivist.
accessory and at the same time be liable under PD
1612? Obstruction of justice PD 1829 - obstruction of
No. Prosecution has to charge either under PD apprehension or prosecution of offenders,
1612 or under RPC. Usually prosecution will charge otherwise known as obstruction of justice.
the accused under PD 1612 because of the higher
penalty. Note the exception above, the accused who is a
civilian can then be held liable under PD 1829.

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 This exception is without prejudice to the
Under PD 1829, 2 crimes can be charged: as applicability of PD 1829.
accessory under RPC and obstruction of justice
under PD 1829. The crimes stack together. Art. 20 still applies even if the spouse is already
dead. Affinity survives the death of the spouse.
What is the liability of an accused for attempted
homicide, when his participation is only as an A and B are principals who committed the crime of
accessory? murder, but they hid in the house of C. B and C are
siblings. Will the exception still apply?
X and Y committed kidnapping for ransom. Z went Yes. Even if only two of the principals guilty of
and took the money from the relatives of the victim murder are the brothers of the accessory and the
and gave it to X and Y and that he was merely others are not related to him, such accessory is
given a percentage. Z is not in conspiracy. Is Z an exempt from criminal liability. It appeared that some
accessory? time after the crime was committed, the accused
(accessory) accompanied some of the other
A: Yes. In kidnapping for ransom, those who
accused to the place where the bodies of the
acted as couriers in obtaining the ransom money
victims were concealed on the night of the murder,
assisted the offenders to profit by the effects of the
and helped them to remove and bury these bodies
crime. Pp vs Magsino Jan. 1954 at another and more remote spot. (US vs
ARTICLE 20. Accessories Who are Exempt from Abanzado 37 phil 658)
Criminal Liability. — The penalties prescribed
for accessories shall not be imposed upon ARTICLE 21. Penalties that May Be Imposed. —
those who are such with respect to their No felony shall be punishable by any penalty
spouses, ascendants, descendants, legitimate, not prescribed by law prior to its commission.
natural, and adopted brothers and sisters, or
relatives by affinity within the same degrees, ARTICLE 22. Retroactive Effect of Penal Laws.
with the single exception of accessories falling — Penal laws shall have a retroactive effect in
within the provisions of paragraph 1 of the next so far as they favor the person guilty of a
preceding article. felony, who is not a habitual criminal, as this
term is defined in rule 5 of article 62 of this
Exempt because as relatives, they are expected to Code, although at the time of the publication of
become accessories. such laws a final sentence has been
Exempt relatives: pronounced and the convict is serving the
1. spouses, same.
2. ascendants,
3. descendants, ARTICLE 23. Effect of Pardon by the Offended
4. legitimate, natural, and adopted brothers Party. — A pardon by the offended party does
and sisters, not extinguish criminal action except as
5. or relatives by affinity within the same provided in article 344 of this Code; but civil
degrees liability with regard to the interest of the injured
party is extinguished by his express waiver.
Except: profiting from or assisting the offender to
profit in the effects of the crime (par. 1) X stabbed Y and Y forgives X. What is the effect?

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Legally, a pardon extended by the offended party CHAPTER TWO
does not extinguish the crime. The execution of an
affidavit of desistance per se will not lead to the Classification of Penalties
dismissal.
Reason: it is the State which is damaged; the crime ARTICLE 25. Penalties Which May Be Imposed.
is a wrong against the State. — The penalties which may be imposed,
according to this Code, and their different
Exception: Private crimes; adultery, classes, are those included in the following:
concubinage, acts of lasciviousness,
abduction and seduction. Scale
Reason: offended party is given the
chance to choose to go public or not Principal Penalties

Art. 23 does not apply to crimes without a private Capital punishment:

offended party.
Death.
ARTICLE 24. Measures of Prevention or Safety
Which are Not Considered Penalties. — The Afflictive penalties:
following shall not be considered as penalties:
Reclusión perpetua,
1. The arrest and temporary detention of
accused persons, as well as their detention by Reclusión temporal,
reason of insanity or imbecility, or illness
requiring their confinement in a hospital. Perpetual or temporary absolute
disqualification,
2. The commitment of a minor to any of the
institutions mentioned in article 80 and for the Perpetual or temporary special disqualification,
purposes specified therein.
Prisión mayor.
3. Suspension from the employment or public
office during the trial or in order to institute Correctional penalties:
proceedings.
Prisión correccional,
4. Fines and other corrective measures which,
in the exercise of their administrative or Arresto mayor,
disciplinary powers, superior officials may
impose upon their subordinates. Suspensión,

5. Deprivation of rights and the reparations Destierro.

which the civil laws may establish in penal
form. Light penalties:

Arrest and detention after the commission of the Arresto menor,

crime, so the court can have jurisdiction over his
person. Public censure.

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33
 Penalties common to the three preceding and a light penalty, if it be less than 200 pesos.
classes: (as amended by RA 10951)

Fine, and Afflictive - single/alternative if the fine exceeds

P1,200,000
Bond to keep the peace. correctional - does not exceed 1,200,000 but not
less than 40,000
Accessory Penalties Light - 40,000 or less

Perpetual or temporary absolute There are crimes where the penalty is

disqualification, imprisonment and fine. The court has no option and
must impose both.
Perpetual or temporary special disqualification, Ex. Art. 282 - prescribes imprisonment AND fine

Suspension from public office, the right to vote If the law prescribes imprisonment and fine in the
and be voted for, the profession or calling. alternative, or both, the court has discretion to
choose.
Civil interdiction,
ARTICLE 27. Reclusión Perpetua. — Any
Indemnification, person sentenced to any of the perpetual
penalties shall be pardoned after undergoing
Forfeiture or confiscation of instruments and the penalty for thirty years, unless such person
proceeds of the offense, by reason of his conduct or some other serious
cause shall be considered by the Chief
Payment of costs. Executive as unworthy of pardon. (RA 7659: 20
years and 1 day to 40 years)
Principal penalties - need to be stated in the
decision. Before there was no duration. Now, as amended by
Accessory penalties - presumed to be RA 7659, it is now 20 years and 1 day to 40 years.
included/imposed; need not be expressly stated in Even if it already has a period/duration, it remains
the decision. to be an indivisible penalty. The court must impose
it as a whole. (Pp vs Lucas 1995)
The court cannot impose a penalty that has no
legal basis under the law. This is not the same as a life sentence. The
difference is that in reclusion perpetua, there’s a
TN: Community service law; in lieu of arresto duration, but in life imprisonment, there is none.
menor. RA11362 The accused has to stay in jail for life in a life
sentence. Reclusion perpetua is prescribed by the
ARTICLE 26. Fine — When Afflictive, RPC, while life imprisonment is prescribed by
Correctional or Light Penalty. — A fine, whether special penal law. (Pp vs Pinellos Jan 1992)
imposed as a single or as an alternative
penalty, shall be considered an afflictive What should be done if the court imposes a wrong
penalty, if it exceeds 1,200,000 pesos; a penalty?
correctional penalty, if it does not exceed In Pp vs Almuete 2013 - This Court is not unaware
1,200,000 pesos but is not less than 200 pesos; of the rule that "a final judgment may no longer be
altered, amended or modified, even if the alteration,

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34
amendment or modification is meant to correct Arresto mayor. — The duration of the penalty or
what is perceived to be an erroneous conclusion of arresto mayor shall be from one month and one
fact or law and regardless of what court, be it the day to six months.
highest court of the land, rendered it." However,
this Court has suspended the application of this Arresto menor. — The duration of the penalty of
rule based on certain recognized exceptions, viz: arresto menor shall be from one day to thirty
days.
Aside from matters of life, liberty, honor or
property which would warrant the suspension Bond to keep the peace. — The bond to keep
of the Rules of the most mandatory character the peace shall be required to cover such
and an examination and review by the period of time as the court may determine.
appellate court of the lower courts findings of
fact, the other elements that should be ARTICLE 28. Computation of Penalties. — If the
considered are the following: (a) the existence offender shall be in prison the term of the
of special or compelling circumstances, (b) the duration of the temporary penalties shall be
merits of the case, (c) a cause not entirely computed from the day on which the judgment
attributable to the fault or negligence of the of conviction shall have become final.
party favored by the suspension of the rules,
(d) a lack of any showing that the review If the offender be not in prison, the term of the
sought is merely frivolous and dilatory, and (e) duration of the penalty consisting of
the other party will not be unjustly prejudiced deprivation of liberty shall be computed from
thereby. the day that the offender is placed at the
disposal of the judicial authorities for the
enforcement of the penalty. The duration of the
Reclusión temporal. — The penalty of reclusión other penalties shall be computed only from the
temporal shall be from twelve years and one day on which the defendant commences to
day to twenty years. serve his sentence.

Prisión mayor and temporary disqualification. This is the work of the BJMP. The duty of the court
— The duration of the penalties of prisión is merely to impose.
mayor and temporary disqualification shall be
from six years and one day to twelve years, When is the computation reckoned?
except when the penalty of disqualification is If on bail from the time he is placed at the disposal
imposed as an accessory penalty, in which of the judicial authorities.
case its duration shall be that of the principal If in jail, start from the time the conviction has
penalty. become final.

Prisión correccional, suspensión, and destierro.

— The duration of the penalties of prision ARTICLE 29. One-half of the Period of the
correccional, suspensión and destierro shall be Preventive Imprisonment Deducted from Term
from six months and one day to six years, of Imprisonment. — Offenders who have
except when suspension is imposed as an undergone preventive imprisonment shall be
accessory penalty, in which case, its duration credited in the service of their sentence
shall be that of the principal penalty. consisting of deprivation of liberty, with one-
half of the time during which they have

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35
undergone preventive imprisonment, except in period equivalent to the maximum period
the following cases: prescribed, he can be released from custody
without prejudice to the continuation of the trial.
1. When they are recidivists, or have been Ex. The accused is in prison for 6 years for a
convicted previously twice or more times of any charge of attempted homicide. He will then be
crime; released, such that even if he is convicted, he won’t
go to prison anymore.
2. When upon being summoned for the
execution of their sentence they have failed to Can persons charged with heinous crimes benefit
surrender voluntarily; from GCTA?

3. When they have been convicted of robbery, [READ GTCA]

theft, estafa, malversation of public funds,
falsification, vagrancy, or prostitution. Release on recognizance - pa saaron ra ka na di ka
mo layas og duna ray tao na mo pasalig na di ka
2 kinds of prisoners mo layas. Kana ra kung gaan ra ang crime gi
1. Detention prisoners charge batok nimo.
2. Convicted prisoners
Suppose the penalty is destierro? The preventive
What if a person is charged with a non-bailable period can still be deducted. It constitutes
offense? What happens if a prisoner is convicted deprivation of liberty although it does not involve
but has not filed bail? He will be detained. imprisonment. PP vs Bastasa Feb 2, 1979.

Suppose he will be eventually convicted? What If only fine, it cannot be deducted because fine
should be done with the period of his preventive does not involve a deprivation of liberty.
imprisonment?
Under Art. 29, it shall be deducted from his ARTICLE 30. Effects of the Penalties of
sentence. Under the first paragraph, the entire Perpetual or Temporary Absolute
period shall be deducted (full time) from his Disqualification. — The penalties of perpetual
sentence provided that the accused has agreed, in or temporary absolute disqualification for
writing, to abide by the same rules imposed on public office shall produce the following
convicted prisoners. This rule will not apply to effects:
persons charged with heinous crimes, recidivists or
repeat offenders, or those who did not immediately 1. The deprivation of the public offices and
surrender for the service of their sentence. employments which the offender may have
held, even if conferred by popular election.
This has been amended by RA 10952 - Good
Conduct Time Allowance. To encourage prisoners 2. The deprivation of the right to vote in any
to have good conduct, they are given time election for any popular elective office or to be
allowance. Prisoners earn time allowance through elected to such office.
this law. Under the present law, in one month of
good conduct, you have 20 days deduction. (See 3. The disqualification for the offices or public
law) The GCTA is also applied to detention employments and for the exercise of any of the
prisoners. The reason is so that they can go out of rights mentioned.
prison without bail. Even under criminal procedure,
if a detention prisoner has been detained for a

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In case of temporary disqualification, such or Calling, or the Right of Suffrage. — The
disqualification as is comprised in paragraphs 2 suspension from public office, profession or
and 3 of this article shall last during the term of calling, and the exercise of the right of suffrage
the sentence. shall disqualify the offender from holding such
office or exercising such profession or calling
4. The loss of all right to retirement pay or other or right of suffrage during the term of the
pension for any office formerly held. sentence.

Especially if the convict is a public officer. He The person suspended from holding public
cannot hold public office, either perpetually or office shall not hold another having similar
temporarily. Does not only prohibit the accused functions during the period of his suspension.
from holding public office, but includes the right to
vote and the right to be voted upon. ARTICLE 34. Civil Interdiction. — Civil
interdiction shall deprive the offender during
ARTICLE 31. Effects of the Penalties of the time of his sentence of the rights of parental
Perpetual or Temporary Special authority, or guardianship, either as to the
Disqualification. — The penalties of perpetual person or property of any ward, of marital
or temporary special disqualification for public authority, of the right to manage his property
office, profession or calling shall produce the and of the right to dispose of such property by
following effects: any act or any conveyance inter vivos.

1. The deprivation of the office, employment, Civil interdiction is an accessory penalty. It deprives
profession or calling affected; the convict during the period of sentence rights of
parental authority, or guardianship, either as to the
2. The disqualification for holding similar person or property of any ward, of marital authority,
offices or employments either perpetually or of the right to manage his property and of the right
during the term of the sentence, according to to dispose of such property by any act or any
the extent of such disqualification. conveyance inter vivos.

ARTICLE 32. Effects of the Penalties of Here he is civilly dead. He cannot contract. He
Perpetual or Temporary Special Disqualification loses parental authority so his consent is not
for the Exercise of the Right of Suffrage. — The anymore needed. He cannot validly give consent
perpetual or temporary special disqualification under Art. 1327 of the Civil Code.
for the exercise of the right of suffrage shall
deprive the offender perpetually or during the But he can execute a will. With the assistance of a
term of the sentence, according to the nature of guardian, pwede marriage settlement.
said penalty, of the right to vote in any popular
election for any public office or to be elected to Persons convicted with reclusion perpetua also
such office. Moreover, the offender shall not be suffers civil interdiction.
permitted to hold any public office during the
period of his disqualification. ARTICLE 35. Effects of Bond to Keep the Peace.
— It shall be the duty of any person sentenced
Disqualification for the exercise of right of suffrage. to give bond to keep the peace, to present two
sufficient sureties who shall undertake that
ARTICLE 33. Effects of the Penalties of such person will not commit the offense sought
Suspension from Any Public Office, Profession to be prevented, and that in case such offense

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37
be committed they will pay the amount accepted the offer. Remember that one of the
determined by the court in its judgment, or conditions on the grant of pardon is that the
otherwise to deposit such amount in the office president is only allowed to pardon only if the
of the clerk of the court to guarantee said sentence upon the accused has already become
undertaking. final and executory. The pardon cannot be granted
upon a convict if there is still a pending appeal.
The court shall determine, according to its Estrada withdrew his appeal and the decision
discretion, the period of duration of the bond. became final and executory. Arroyo then granted
him pardon.
Should the person sentenced fail to give the
bond as required he shall be detained for a This became controversial because Estrada then
period which shall in no case exceed six said he won’t be seeking public office. In the
months, if he shall have been prosecuted for a pardon, in the preamble, it was said that Estrada
grave or less grave felony, and shall not exceed won’t be seeking public office anymore. But in the
thirty days, if for a light felony. dispositive portion, it stated there that Estrada was
extended absolute pardon and restoration of his
Art. 284 and 282 - bond as penalty; bond to keep rights. There was a conflict with his preamble and
the peace and bond for good behavior. the dispositive portion. Later, Estrada changed his
mind and ran for mayor in Manila. This was
ARTICLE 36. Pardon; Its Effects. — A pardon questioned. In the case of Vidal vs COMELEC
shall not work the restoration of the right to 2015, SC ruled that Estrada was qualified to run
hold public office, or the right of suffrage, because the pardon of the president expressly
unless such rights be expressly restored by the provided for the extinguishment of the accessory
terms of the pardon. penalties.

A pardon shall in no case exempt the culprit Limitations of Presidential pardon:

from the payment of the civil indemnity 1. It can only be extended after finality.
imposed upon him by the sentence. 2. It cannot be extended to cases of
impeachment.
What is the effect of presidential pardon? 3. The civil liability is not extinguished
Shall not work the restoration of the right to public
office or suffrage unless expressly restored. There was a case where pardon was extended
AFTER he served his sentence. Was there still an
This pardon would cancel only the penalty of effect in his pardon? Yes, as regards the accessory
imprisonment. However, imprisonment that is penalties. It is deemed or understood that what was
erased by pardon still has accessory penalties. erased/extinguished was the accessory penalties.
72 Phil 441
If the pardon EXPRESSLY provides that the same
shall also extinguish the accessory penalties, then In administrative cases, pardon applies. The
they are also restored/extinguished. President can grant executive clemency in
administrative cases. Ombudsman vs Vergara
Issue: Pardon of Arroyo to Estrada. Estrada had 2017
been convicted of plunder by Sandiganbayan. He
was sentenced to reclusion perpetua. Estrada upon Qualified Political Agency - acts of cabinet
conviction filed an appeal to the SC, but there was secretaries are considered also the acts of the
an offer from Arroyo to extend him pardon. Estrada President.

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38
 If the accused's property is insufficient, there is an
Can the executive secretary grant pardon instead order.
of the President? Tiu vs Dizon June 15,
ARTICLE 39. Subsidiary Penalty. — If the
2016 - No. It has long been recognized that the
convict has no property with which to meet the
exercise of the pardoning power, notwithstanding
pecuniary liabilities mentioned in paragraphs
the judicial determination of guilt of the accused,
1st, 2nd and 3rd of the next preceding article,
demands the exclusive exercise by the President
he shall be subject to a subsidiary personal
of the constitutionally vested power. Stated
liability at the rate of one day for each [highest
otherwise, since the Chief Executive is required by
minimum wage in Phils./Metro Manila ~500
the Constitution to act in person, he may not
more/less pesos a day], subject to the following
delegate the authority to pardon prisoners under
rules (as amended by RA10159):
the doctrine of qualified political agency, which
"essentially postulates that the heads of the various
1. If the principal penalty imposed be prisión
executive departments are the alter egos of the
correccional or arresto and fine, he shall remain
President, and, thus, the actions taken by such
under confinement until his fine and pecuniary
heads in the performance of their official duties are
liabilities referred in the preceding paragraph
deemed the acts of the President unless the
are satisfied, but his subsidiary imprisonment
President himself should disapprove such acts."
shall not exceed one-third of the term of the
sentence, and in no case shall it continue for
ARTICLE 37. Costs — What are Included. —
more than one year, and no fraction or part of a
Costs shall include fees and indemnities in the
day shall be counted against the prisoner.
course of the judicial proceedings, whether
they be fixed or unalterable amounts previously
2. When the principal penalty imposed be only a
determined by law or regulations in force, or
fine, the subsidiary imprisonment shall not
amounts not subject to schedule.
exceed six months, if the culprit shall have
been prosecuted for a grave or less grave
Costs - sinsilyo ra na
felony, and shall not exceed fifteen days, if for a
light felony.
ARTICLE 38. Pecuniary Liabilities — Order of
Payment. — In case the property of the offender
3. When the principal penalty imposed is higher
should not be sufficient for the payment of all
than prisión correccional no subsidiary
his pecuniary liabilities, the same shall be met
imprisonment shall be imposed upon the
in the following order:
culprit.
1. The reparation of the damage caused.
4. If the principal penalty imposed is not to be
executed by confinement in a penal institution,
2. Indemnification of consequential damages.
but such penalty is of fixed duration, the
convict, during the period of time established in
3. The fine.
the preceding rules, shall continue to suffer the
same deprivations as those of which the
4. The costs of the proceedings.
principal penalty consists.
Pecuniary liabilities - money
5. (The subsidiary personal liability which the
convict may have suffered by reason of his
insolvency shall not relieve him from reparation

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39
of the damaged caused, nor from
indemnification for the consequential damages ARTICLE 41. Reclusión Perpetua and Reclusión
in case his financial circumstances should Temporal — Their accessory penalties. — The
improve; but he shall be relieved from penalties of reclusión perpetua and reclusión
pecuniary liability as to the fine.) temporal shall carry with them that of civil
interdiction for life or during the period of the
Subsidiary penalty/imprisonment - if the convict has sentence as the case may be, and that of
no property/money with which to pay the fine, he perpetual absolute disqualification which the
shall be subjected to subsidiary personal liability for offender shall suffer even though pardoned as
1 day for each amount equivalent to the highest to the principal penalty, unless the same shall
minimum wage in the Philippines at the time of the have been expressly remitted in the pardon.
rendition of judgment.
X was convicted of murder and was sentenced with
Suppose the convict has undergone subsidiary reclusion perpetua. Will he also suffer civil
imprisonment because he did not have property to interdiction while not stated in the decision? Yes. It
pay but later on became rich. Is he still liable for the is an accessory penalty. Deemed included.
fine?
Yes. last paragraph. Exception: if the accessory penalties are expressly
remitted in the pardon.
The accused was convicted of homicide. In the
decision, the court said “wherefore the court finds ARTICLE 42. Prisión Mayor — Its Accessory
the accused guilty of the crime of homicide and Penalties. — The penalty of prisión mayor shall
hereby sentenced him to imprisonment of ____ and carry with it that of temporary absolute
also ordered to pay the amount of 50,000 pesos as disqualification and that of perpetual special
actual damages for the life of the victim with disqualification from the right of suffrage which
subsidiary imprisonment in case of insolvency.” Is the offender shall suffer although pardoned as
this judgment proper? to the principal penalty, unless the same shall
No. Subsidiary penalty is only for the payment of have been expressly remitted in the pardon.
the fine, not the civil liability.
ARTICLE 43. Prisión Correccional — Its
Subsidiary must be EXPRESSLY STATED in the Accessory Penalties. — The penalty of prisión
decision. correccional shall carry with it that of
suspension from public office, from the right to
Insolvency - after the court will issue writ of follow a profession or calling, and that of
execution and there is not enough property, then perpetual special disqualification from the right
that is the time the court will order the subsidiary of suffrage, if the duration of said imprisonment
penalty. shall exceed eighteen months. The offender
shall suffer the disqualification provided in this
ARTICLE 40. Death — Its Accessory Penalties. article although pardoned as to the principal
— The death penalty, when it is not executed by penalty, unless the same shall have been
reason of commutation or pardon shall carry expressly remitted in the pardon.
with it that of perpetual absolute
disqualification and that of civil interdiction ARTICLE 44. Arresto — Its Accessory Penalties.
during thirty years following the date of — The penalty of arresto shall carry with it that
sentence, unless such accessory penalties of suspension of the right to hold office and the
have been expressly remitted in the pardon.

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right of suffrage during the term of the accused is merely an accomplice or accessory, or if
sentence. frustrated or attempted, then the court will compute
the penalty. There are rules under Art. 50-57.
ARTICLE 45. Confiscation and Forfeiture of the
Proceeds or Instruments of the Crime. — Every If the law prescribes a specific penalty for an
penalty imposed for the commission of a felony accomplice or accessory, then that shall be
shall carry with it the forfeiture of the proceeds followed.
of the crime and the instruments or tools with
which it was committed. [ARTICLE 47. In What Cases the Death Penalty Shall Not
Be Imposed. — The death penalty shall be imposed in all
cases in which it must be imposed under existing laws,
Such proceeds and instruments or tools shall except in the following cases:
be confiscated and forfeited in favor of the
Government, unless they be the property of a 1. When the guilty person be more than seventy years of
third person not liable for the offense, but those age.
articles which are not subject of lawful
2. When upon appeal or revision of the case by the
commerce shall be destroyed. Supreme Court, all the members thereof are not
unanimous in their voting as to the propriety of the
Properties owned by third persons - they shall be imposition of the death penalty. For the imposition of said
returned provided he has no participation in the penalty or for the confirmation of a judgment of the
inferior court imposing the death sentence, the Supreme
crime. Court shall render its decision per curiam, which shall be
signed by all justices of said court, unless some member
Suppose the possession is unlawful? The same or members thereof shall have become disqualified from
shall be forfeited in favor of the government. taking part in the consideration of the case, in which event
the unanimous vote and signature of only the remaining
justices shall be required.]
Even if confiscation is an accessory penalty, it must
be EXPRESSLY STATED in the decision (101 Phil
This provision talks about Instances where death
745 Pp vs Sanchez)
penalty will not be imposed.

When will we know if the property will be forfeited?

Decisions of the trial court shall be subject to
After the termination of the case. (PDEA vs automatic review by the Supreme Court. This is
Brodett, 2011) automatic because there is no need for an appeal
by the accused.
ARTICLE 46. Penalty to be Imposed Upon
Principals in General. — The penalty prescribed Now, the decisions of the trial court shall be
by law for the commission of a felony shall be reviewed first by the Court of Appeals. If for
imposed upon the principals in the commission affirmation of conviction, it shall be automatically
of such felony. brought to the Supreme Court. If the Court of
Appeals will acquit the accused, no more need to
Whenever the law prescribes a penalty for a appeal to the Supreme Court.
felony in general terms, it shall be understood
as applicable to the consummated felony. Under RA 9346:

Penalties are presumed to be for the principals and In lieu of the death penalty, the following shall be
are presumed to be consummated. So if homicide, imposed:
consummated homicide for the principal. If the

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(a) the penalty of reclusion perpetua, when the law Here the law only considers the crimes as only one
violated makes use of the nomenclature of the crime. Therefore, there should only be one
penalties of the Revised Penal Code; or information. The information must allege all the
elements of the offenses committed. Because of
(b) the penalty of life imprisonment, when the law this, there should only be one penalty for the
violated does not make use of the nomenclature of accused, which is the penalty for the most serious
the penalties of the Revised Penal Code. crime, imposed in the maximum. This cannot be
mitigated by the mitigating circumstances EXCEPT
Persons convicted of offenses punished with for PRIVILEGED MITIGATING CIRCUMSTANCE.
reclusion perpetua, or whose sentences will be
reduced to reclusion perpetua, by reason of this Reason: Offender only has one criminal
Act, shall not be eligible for parole under Act No. purpose/decision. It just so happened that 2 or
4103, otherwise known as the Indeterminate more crimes are committed. The offender is less
Sentence Law, as amended. perverse.

In AM 15-08-02-SC, the reason is to distinguish or For a case of attempted homicide and homicide,
emphasize that the accused should have been the law only considers the accused to have
sentenced to death had it not been for RA 9346. committed one crime only; the information must
charge the accused with HOMICIDE WITH
Even if the penalty of death has been suspended, ATTEMPTED HOMICIDE
but for purposes of lowering the penalty to the next
degree, the reckoning should still be the death For complex crime of two homicides, DOUBLE
penalty. Also, the basis for the granting of damages HOMICIDE.
is death penalty, not reclusion perpetua.
If 2 separate cases for homicide, TWO COUNTS
ARTICLE 48. Penalty for Complex Crimes. —
OF HOMICIDE.
When a single act constitutes two or more
crimes, or when an offense is a necessary
Accused fired at Y and then fired at A. Prosecutor
means for committing the other, the penalty for
filed only one information for double homicides. Is
the most serious crime shall be imposed, the
this proper?
same to be applied in its maximum period.
No. It is not a complex crime. He is liable for 2

[Memorize definition of complex crime] (Pp vs Jugueta

separate crimes for homicide.
April 5, 2016 GR NO. 202124)
There are two kinds of complex crimes in Art. 48
1. Compound crime - single act produces 2 or If an information charges more than one offense, it
more grave or less grave felonies is subject to motion to quash. This can be waived,
a. Aberratio ictus and so the accused can be convicted for as many
2. Complex crime proper - when one offense is crimes as charged in the single information.
used as a necessary means to commit
another offense X threw a grenade and killed 5 persons and injured
a. Ex. Complex crime of Malversation 10 others. Considering there was only one act, then
through falsification of public there should only be one information filed against
documents
the accused. “Complex crime of multiple

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42
murders with multiple frustrated According to the SC, the accused is correct.
According to the SC, the crime of reckless
murders.”
imprudence is a SINGLE QUASI-OFFENSE by
itself, such that conviction or acquittal of such bars
If the commission of the crime is used to conceal or
prosecution for other resulting offenses of said
hide, it is no longer a complex crime. In such a
quasi-offense. Art. 48 does not apply to
case, there shall be 2 separate informations.
RECKLESS IMPRUDENCE under Art. 365. There
should only be one charge regardless of the
In the information for complex crime, all elements
number of resulting crimes. Considering that Art. 48
must be alleged in the information. During the trial,
will not apply, then the accused has to suffer the
all these elements must be proved.
penalties of each of the resulting crimes which
would actually be committed for a single reckless
If only one is proven, or if it is not alleged, then the
accused cannot be convicted for a complex crime. act. (Ivler vs San Pedro 2010)

Suppose one of the resulting crimes is a light In view of its special mechanism causing several
offense, the rules are: deaths, although caused by a single act of pressing
1. It is absorbed in the complex crime; OR the trigger, are considered several acts. Although
2. It shall be prosecuted separately each burst of shots was caused by one single act of
pressing the trigger of the submachine gun, in view
If an act produces a grave felony and a light of its special mechanism the person firing it has
offense, then the light felony is absorbed or it is only to keep pressing the trigger of the submachine
separately prosecuted. gun, with his finger and it would fire continually.
Hence, it is not the act of pressing the trigger which
Ex. In rape, the accused inflicted slight physical should be considered as producing the several
injuries upon the victim. The slight physical injuries felonies, but the number of bullets which actually
are absorbed. produced them. (People vs Vargas Jr., cited in the
case of People vs Antonio Sanchez)
X was driving recklessly and bumped another car of
D with his wife. The car was damaged, but his wife There is no complex crime if the other crime is
survived and sustained slight physical injuries. punishable under a special penal law.
Prosecutor filed an information for reckless
imprudence resulting in homicide and damage to There is no complex crime of Rebellion with murder
property and another information for reckless because murder, and other common crimes, are
imprudence resulting in slight physical injuries as absorbed by rebellion. It’s not Rebellion with
regards the injuries sustained by the wife. The murder or with robbery, etc., but Rebellion only.
accused pleaded guilty to the information for the
reckless imprudence resulting in slight physical Continuing/continued crime/delito continuado -
injuries and so was then imposed public censure a single crime consisting of a series of acts but all
only. The accused then filed a motion to quash on arising from one criminal resolution or plan.
the other information, invoking double jeopardy.
The Prosecutor argued that the other information Here the accused is also liable only for one crime.
for slight physical injuries had to be filed because Ex. the accused hijacked a bus. Here there are
this crime is a light felony and should be filed many counts of robbery, but since there is only one
separately. criminal resolution to commit the crime, then there

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is only one penalty to be imposed. Only one
committing the offense
information should be filed. other

Complex crime vs continuing crime As to the The penalty of The law

penalty to be the graver expressly
imposed offense in its provides for
Complex crime Continuing maximum the penalty
crime

As to how There is only There are

committed one act several acts Single larceny doctrine - the taking of several
performed things, whether belonging to the same or different
which are owners, at the same time and place constitutes but
considered as
one larceny.
one crime

As to penalty The penalty is The penalty is Suppose the two crimes have the same penalty,
for the more that which the then one shall be imposed in its maximum period.
severe crime law imposes
at its maximum on the one Ex. X took 13 cows belonging to different owners in
period crime
the same period of time. He was only charged with
one count of theft.

Special complex crime - also known as Pp vs Saranillo 55 SCRA 563 - the accused took 6
composite crime. Refers to 2 or more crimes that roosters belonging to two different owners in the
the law treats as a single, indivisible offense for same period of time. He was charged with only one
being the product of single criminal impulse. Same count of theft.
nature with a continuing crime. (Pp vs Bronula
2015) The law gives a specific name for the single Rebellion is a continuing crime.
indivisible offense.
Say X was already a rebel since 1980 until now and
Example/s of special complex crime: has committed several crimes. He is only liable for
a. Robbery with homicide one crime of rebellion because it is considered as a
b. Robbery with rape continuing crime. Roque vs Buena
c. Rape with homicide
Continuing crime is not found in the RPC; only in
Special complex crime vs complex crime jurisprudence.

Complex crime Special Her series of acts of granting benefits to unqualified

complex crime aliens constituted one crime under Anti-graft
practices act (Santiago vs Garchitorena)
As to how One act Two or more
produced produces two crimes are Treatment of light felonies:
or more committed, but
1. Absorbed by the offense; or
crimes; or the law
when an considers 2. Treated separately
offense is a these as a
necessary single Summary of instances where Art. 48 will not apply:
means for indivisible

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 1. The purpose of committing the other crime X wants to kill Y. When X saw a man with the same
is to conceal the other figure, he shot the man but turns out to be his
2. If the act/crime is an Indispensable father.
element/inherent in a crime
3. Other offense is punished under special If there is a difference between the intended and
penal law the actual crime committed, the rules above apply.
4. In continuing crimes/delito continuado
5. Special complex crime If the penalties are the same, Art. 49 will not apply.
6. When the law provides for a two-tiered
penalty - the law specifically provides that ARTICLE 50. Penalty to Be Imposed Upon
the accused must be punished for his Principals of a Frustrated Crime. — The penalty
crimes separately. Ex. Direct bribery; next lower in degree than that prescribed by law
accused accepts a bribe to commit a crime. for the consummated felony shall be imposed
upon the principal in a frustrated felony.
ARTICLE 49. Penalty to Be Imposed Upon the
Principals When the Crime Committed is ARTICLE 51. Penalty to Be Imposed Upon
Different from that Intended. — In cases in Principals of Attempted Crimes. — The penalty
which the felony committed is different from lower by two degrees than that prescribed by
that which the offender intended to commit, the law for the consummated felony shall be
following rules shall be observed: imposed upon the principals in an attempt to
commit a felony.
1. If the penalty prescribed for the felony
committed be higher than that corresponding to ARTICLE 52. Penalty to Be Imposed Upon
the offense which the accused intended to Accomplices in a Consummated Crime. — The
commit, the penalty corresponding to the latter penalty next lower in degree than that
shall be imposed in its maximum period. prescribed by law for the consummated felony
shall be imposed upon the accomplices in the
2. If the penalty prescribed for the felony commission of a consummated felony.
committed be lower than that corresponding to
the one which the accused intended to commit, ARTICLE 53. Penalty to Be Imposed Upon
the penalty for the former shall be imposed in Accessories to the Commission of a
its maximum period. Consummated Felony. — The penalty lower by
two degrees than that prescribed by law for the
3. The rule established by the next preceding consummated felony shall be imposed upon the
paragraph shall not be applicable if the acts accessories to the commission of a
committed by the guilty person shall also consummated felony.
constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for ARTICLE 54. Penalty to Be Imposed Upon
either of the latter offenses, in which case the Accomplices in a Frustrated Crime. — The
penalty provided for the attempt or the penalty next lower in degree than that
frustrated crime shall be imposed in its prescribed by law for the frustrated felony shall
maximum period. be imposed upon the accomplices in the
commission of a frustrated felony.
Applies only to error in personae
ARTICLE 55. Penalty to Be Imposed Upon
Accessories of a Frustrated Crime. — The

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penalty lower by two degrees than that the penalty of arresto mayor or a fine ranging
prescribed by law for the frustrated felony shall from 200 to 500 pesos.
be imposed upon the accessories to the
commission of a frustrated felony. Impossible crimes. This is the penalty. Arresto
mayor or a fine.
ARTICLE 56. Penalty to Be Imposed Upon
Accomplices in an Attempted Crime. — The ARTICLE 60. Exceptions to the Rules
penalty next lower in degree than that Established in Articles 50 to 57. — The
prescribed by law for an attempt to commit a provisions contained in articles 50 to 57,
felony shall be imposed upon the accomplices inclusive, of this Code shall not be applicable to
in an attempt to commit the felony. cases in which the law expressly prescribes the
penalty provided for a frustrated or attempted
ARTICLE 57. Penalty to Be Imposed Upon felony, or to be imposed upon accomplices or
Accessories of an Attempted Crime. — The accessories.
penalty lower by two degrees than that
prescribed by law for the attempt shall be ARTICLE 61. Rules for Graduating Penalties. —
imposed upon the accessories to the attempt to For the purpose of graduating the penalties
commit a felony. which, according to the provisions of articles 50
to 57, inclusive, of this Code, are to be imposed
ARTICLE 58. Additional Penalty to Be Imposed upon persons guilty as principals of any
Upon Certain Accessories. — Those frustrated or attempted felony, or as
accessories falling within the terms of accomplices or accessories, the following rules
paragraph 3 of article 19 of this Code who shall be observed:
should act with abuse of their public functions,
shall suffer the additional penalty or absolute
perpetual disqualification if the principal
offender shall be guilty of a grave felony, and
that of absolute temporary disqualification if he
shall be guilty of a less grave felony.

Par. 3 of Article 19.

ARTICLE 59. Penalty to Be Imposed in Case of

Failure to Commit the Crime Because the
Means Employed or the Aims Sought are
Impossible. — When the person intending to
commit an offense has already performed the
acts for the execution of the same but
nevertheless the crime was not produced by
reason of the fact that the act intended was by
its nature one of impossible accomplishment or
because the means employed by such person
are essentially inadequate to produce the result
desired by him, the court, having in mind the
social danger and the degree of criminality
shown by the offender, shall impose upon him

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46
1. When the penalty prescribed for the felony is
single and indivisible, the penalty next lower in 4. When the penalty prescribed for the crime is
degree shall be that immediately following that composed of several periods, corresponding to
indivisible penalty in the scale prescribed in different divisible penalties, the penalty next
article 70 of this Code. lower in degree shall be composed of the
period immediately following the minimum
2. When the penalty prescribed for the crime is prescribed and of the two next following, which
composed of two indivisible penalties, or of one shall be taken from the penalty prescribed, if
or more divisible penalties to be imposed to possible; otherwise, from the penalty
their full extent, the penalty next lower in immediately following in the above mentioned
degree shall be that immediately following the scale.
lesser of the penalties prescribed in the above
mentioned scale. 5. When the law prescribes a penalty for a crime
in some manner not specially provided for in
3. When the penalty prescribed for the crime is the four preceding rules, the courts, proceeding
composed of one or two indivisible penalties by analogy, shall impose corresponding
and the maximum period of another divisible penalties upon those guilty as principals of the
penalty, the penalty next lower in degree shall frustrated felony, or of attempt to commit the
be composed of the medium and minimum same, and upon accomplices and accessories.
periods of the proper divisible penalty and the
maximum period of that immediately following How to increase/lower the penalty.
in said scale.

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 1. Degree - one whole penalty prescribed by 5. Habitual delinquency shall have the following
law effects:
2. Period - applies only to divisible penalties;
can be divided into 3 equal parts: minimum, (a) Upon a third conviction the culprit shall be
medium and maximum. sentenced to the penalty provided by law for
the last crime of which he be found guilty and
ARTICLE 62. Effects of the Attendance of to the additional penalty of prisión correccional
Mitigating or Aggravating Circumstances and of in its medium and maximum periods;
Habitual Delinquency. — Mitigating or
aggravating circumstances and habitual (b) Upon a fourth conviction the culprit shall be
delinquency shall be taken into account for the sentenced to the penalty provided for the last
purpose of diminishing or increasing the crime of which he be found guilty and to the
penalty in conformity with the following rules: additional penalty of prisión mayor in its
minimum and medium periods; and
1. Aggravating circumstances which in
themselves constitute a crime specially (c) Upon a fifth or additional conviction, the
punishable by law or which are included by the culprit shall be sentenced to the penalty
law in defining a crime and prescribing the provided for the last crime of which he be found
penalty therefor shall not be taken into account guilty and to the additional penalty of prisión
for the purpose of increasing the penalty. mayor in its maximum period to reclusión
Special aggravating: temporal in its minimum period.
a. Abuse of public position
b. Crime committed by Syndicate Notwithstanding the provisions of this article,
the total of the two penalties to be imposed
2. The same rule shall apply with respect to any upon the offender, in conformity herewith, shall
aggravating circumstances inherent in the in no case exceed 30 years.
crime to such a degree that it must of necessity
accompany the commission thereof. For the purpose of this article, a person shall be
deemed to be habitual delinquent, if within a
3. Aggravating or mitigating circumstances period of ten years from the date of his release
which arise from the moral attributes of the or last conviction of the crimes robo, hurto,
offender, or from his private relations with the estafa, or falsificacion, he is found guilty of any
offended party, or from any other personal of said crimes a third time or oftener.
cause, shall only serve to aggravate or mitigate
the liability of the principals, accomplices and ARTICLE 63. Rules for the Application of
accessories as to whom such circumstances Indivisible Penalties. — In all cases in which the
are attendant. law prescribes a single indivisible penalty, it
shall be applied by the courts regardless of any
4. The circumstances which consist in the mitigating or aggravating circumstances that
material execution of the act, or in the means may have attended the commission of the deed.
employed to accomplish it, shall serve to
aggravate or mitigate the liability of those In all cases in which the law prescribes a
persons only who had knowledge of them at the penalty composed of two indivisible penalties,
time of the execution of the act or their the following rules shall be observed in the
cooperation therein. application thereof:

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1. When in the commission of the deed there is 4. When both mitigating and aggravating
present only one aggravating circumstance, the circumstances are present, the court shall
greater penalty shall be applied. reasonably offset those of one class against the
other according to their relative weight.
2. When there are neither mitigating nor
aggravating circumstances in the commission 5. When there are two or more mitigating
of the deed, the lesser penalty shall be applied. circumstances and no aggravating
circumstances are present, the court shall
3. When the commission of the act is attended impose the penalty next lower to that
by some mitigating circumstance and there is prescribed by law, in the period that it may
no aggravating circumstance, the lesser penalty deem applicable, according to the number and
shall be applied. nature of such circumstances.

4. When both mitigating and aggravating 6. Whatever may be the number and nature of
circumstances attended the commission of the the aggravating circumstances, the courts shall
act, the courts shall reasonably allow them to not impose a greater penalty than that
offset one another in consideration of their prescribed by law, in its maximum period.
number and importance, for the purpose of
applying the penalty in accordance with the 7. Within the limits of each period, the courts
preceding rules, according to the result of such shall determine the extent of the penalty
compensation. according to the number and nature of the
aggravating and mitigating circumstances and
ARTICLE 64. Rules for the Application of the greater or lesser extent of the evil produced
Penalties Which Contain Three Periods. — In by the crime.
cases in which the penalties prescribed by law
contain three periods, whether it be a single ● Will not apply to quasi-offenses
divisible penalty or composed of three different ● Will not apply to SPL, except if the SPL
penalties, each one of which forms a period in uses the penalties under the Revised Penal
accordance with the provisions of articles 76 Code.
and 77, the courts shall observe for the
application of the penalty the following rules, ARTICLE 65. Rule in Cases in Which the Penalty
according to whether there are or are not is Not Composed of Three Periods. — In cases
mitigating or aggravating circumstances: in which the penalty prescribed by law is not
composed of three periods, the courts shall
1. When there are neither aggravating nor apply the rules contained in the foregoing
mitigating circumstances, they shall impose the articles, dividing into three equal portions the
penalty prescribed by law in its medium period. time included in the penalty prescribed, and
forming one period of each of the three
2. When only a mitigating circumstance is portions.
present in the commission of the act, they shall
impose the penalty in its minimum period. See book for computation.

3. When only an aggravating circumstance is ARTICLE 66. Imposition of Fines. — In imposing

present in the commission of the act, they shall fines the courts may fix any amount within the
impose the penalty in its maximum period. limits established by law; in fixing the amount
in each case attention shall be given, not only

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49
to the mitigating and aggravating provided that the majority of such conditions be
circumstances, but more particularly to the present. The courts shall impose the penalty in
wealth or means of the culprit. the period which may be deemed proper, in
view of the number and nature of the conditions
ARTICLE 67. Penalty to Be Imposed When Not of exemption present or lacking.
All the Requisites of Exemption of the Fourth
Circumstance of Article 12 are Present.— When -----------Art. 70 to Art. 133/Probation/Indeterminate
all the conditions required in circumstance Sentence Law----------------------------
number 4 of article 12 of this Code to exempt
from criminal liability are not present, the Art. 70. Successive service of sentence.
penalty of arresto mayor in its maximum period — When the culprit has to serve two or more
to prisión correccional in its minimum period penalties, he shall serve them simultaneously if
shall be imposed upon the culprit if he shall the nature of the penalties will so permit
have been guilty of a grave felony, and arresto otherwise, the following rules shall be
mayor in its minimum and medium periods, if of observed:
a less grave felony.
In the imposition of the penalties, the order of
ARTICLE 68. Penalty to Be Imposed Upon a their respective severity shall be followed so
Person Under Eighteen Years of Age. — When that they may be executed successively or as
the offender is a minor under eighteen years nearly as may be possible, should a pardon
and his case is one coming under the have been granted as to the penalty or penalties
provisions of the paragraph next to the last of first imposed, or should they have been served
article 80 of this Code, the following rules shall out.
be observed:
For the purpose of applying the provisions of
1. Upon a person under fifteen but over nine the next preceding paragraph the respective
years of age, who is not exempted from liability severity of the penalties shall be determined in
by reason of the court having declared that he accordance with the following scale:
acted with discernment, a discretionary penalty
shall be imposed, but always lower by two 1. Death,
degrees at least than that prescribed by law for
the crime which he committed. 2. Reclusion perpetua,

2. Upon a person over fifteen and under 3. Reclusion temporal,

eighteen years of age the penalty next lower
than that prescribed by law shall be imposed, 4. Prision mayor,
but always in the proper period.
5. Prision correccional,
ARTICLE 69. Penalty to Be Imposed When the
Crime Committed is Not Wholly Excusable. — A 6. Arresto mayor,
penalty lower by one or two degrees than that
prescribed by law shall be imposed if the deed 7. Arresto menor,
is not wholly excusable by reason of the lack of
some of the conditions required to justify the 8. Destierro,
same or to exempt from criminal liability in the
several cases mentioned in articles 11 and 12, 9. Perpetual absolute disqualification,

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10 Temporal absolute disqualification. However, such a maximum period shall in no case
exceed 40 years.
11. Suspension from public office, the right
to vote and be voted for, the right to follow a The term “most severe” includes equal penalties.
profession or calling, and
[Take note also of GCTA; it is possible that the
12. Public censure. convict still will not have to serve the whole 40
years.]
Notwithstanding the provisions of the rule next
preceding, the maximum duration of the Three-fold rule does not apply if the sum of all the
convict’s sentence shall not be more than penalties does not exceed the most severe
three-fold the length of time corresponding to multiplied by three.
the most severe of the penalties imposed upon
him. No other penalty to which he may be liable ARTICLE 71. Art. 71. Graduated scales. — In the
shall be inflicted after the sum total of those case in which the law prescribed a penalty
imposed equals the same maximum period. lower or higher by one or more degrees than
another given penalty, the rules prescribed in
Such maximum period shall in no case exceed Article 61 shall be observed in graduating such
forty years. penalty.

In applying the provisions of this rule the The lower or higher penalty shall be taken from
duration of perpetual penalties ( pena perpetua) the graduated scale in which is comprised the
shall be computed at thirty years. (As given penalty.
amended).
The courts, in applying such lower or higher
penalty, shall observe the following graduated
First rule: simultaneous service if the nature of the scales:
penalties imposed would warrant.
SCALE NO. 1
Ex. Imprisonment and fine. These can be served
simultaneously. 1. Death,
2. Reclusion perpetua,
Second: If the penalties imposed do not warrant 3. Reclusion temporal,
simultaneous service, then it shall be served 4. Prisión mayor,
successively. 5. Prisión correccional,
6. Arresto mayor,
Ex. 2 reclusion perpetua 7. Destierro,
8. Arresto menor,
He shall serve his sentences according to severity. 9. Public censure,
He shall serve the most severe first. 10. Fine.

Three-fold rule - the length of imprisonment should SCALE NO. 2

not exceed more than 3 times the length of time
corresponding to the most severe of the penalties 1. Perpetual absolute disqualification,
imposed on him. 2. Temporal absolute disqualification

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51
 3. Suspension from public office, the right
to vote and be voted for, the right to Art. 76. Legal period of duration of divisible
follow a profession or calling, penalties. — The legal period of duration of
4. Public censure, divisible penalties shall be considered as
5. Fine. divided into three parts, forming three periods,
the minimum, the medium, and the maximum in
Art. 72. Preference in the payment of the civil the manner shown in the following table:
liabilities. — The civil liabilities of a person
found guilty of two or more offenses shall be Art. 77. When the penalty is a complex one
satisfied by following the chronological order of composed of three distinct penalties. — In
the dates of the judgments rendered against cases in which the law prescribes a penalty
him, beginning with the first in order of time. composed of three distinct penalties, each one
shall form a period; the lightest of them shall be
The order of payment shall be chronological the minimum the next the medium, and the
according to the date of judgment. most severe the maximum period.

Art. 73. Presumption in regard to the imposition Whenever the penalty prescribed does not have
of accessory penalties. — Whenever the courts one of the forms specially provided for in this
shall impose a penalty which, by provision of Code, the periods shall be distributed, applying
law, carries with it other penalties, according to by analogy the prescribed rules.
the provisions of Articles 40, 41, 42, 43 and 44
of this Code, it must be understood that the INDETERMINATE SENTENCE LAW
accessory penalties are also imposed upon the
convict. Imprisonment/Sentence - duration of stay in jail
as a penalty.
Art. 74. Penalty higher than reclusion perpetua Indeterminate penalty - prison term that has a
in certain cases. — In cases in which the law minimum and maximum period or duration. The
prescribes a penalty higher than another given opposite of this is a straight penalty.
penalty, without specially designating the name
of the former, if such higher penalty should be ISL requires trial courts, imposing prison terms, to
that of death, the same penalty and the have a minimum and maximum periods, for crimes
accessory penalties of Article 40, shall be under the RPC and SPL.
considered as the next higher penalty.
This is not the same as the 3 periods in divisible
Art. 75. Increasing or reducing the penalty of penalties. There is no medium.
fine by one or more degrees. — Whenever it
may be necessary to increase or reduce the Rules
penalty of fine by one or more degrees, it shall
be increased or reduced, respectively, for each This is applicable to crimes punishable by the RPC
degree, by one-fourth of the maximum amount and SPL
prescribed by law, without however, changing
the minimum. ISL does not apply when the penalty imposed does
not exceed 1 year. Here, the court applies a
The same rules shall be observed with regard of straight penalty.
fines that do not consist of a fixed amount, but
are made proportional.

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ISL shall not apply to persons convicted of offenses minimum be 7 years? 6 years and 1 day?
punished with death penalty or life-imprisonment; to Both yes, because it is within the range.
those convicted of treason, conspiracy or proposal How about 6 years? Not anymore (minimum
to commit treason; to those convicted of misprision of prison payor is 6 years AND 1 day).
of treason, rebellion, sedition or espionage; to III. Suppose the minimum taken is 8 years.
those convicted of piracy; to those who are habitual Suppose also there is no mitigating or
delinquents; to those who have escaped from aggravating, therefore medium. Check Art.
confinement or evaded sentence; to those who 76 table of RPC.
having been granted conditional pardon by the
Chief Executive shall have violated the terms Suppose there is a mitigating circumstance,
thereof; to those whose maximum term of therefore minimum (12 years and 1 day to
imprisonment does not exceed one year, not to 14 years and 8 months) Within that range
those already sentenced by final judgment at the
time of approval of this Act, except as provided in Suppose there is one aggravating
Section 5 hereof. ch circumstance, therefore maximum. (17
years, 4 months and 1 day to 20 years)
Revised Penal Code Within that range.
I. Determine the prescribed penalty for the
crime to which the accused was convicted. Sentence: “The accused shall be sentence
II. Determine the minimum period of the with 6 years and 1 day of prision mayor to
indeterminate penalty which shall be taken <__maximum__> of reclusion temporal”
from anywhere within the range of the
penalty next lower in degree to that of the Ex. Offender is minor for homicide (without
prescribed penalty for the offense. discernment)
If entitled to a privileged mitigating circumstance
Ex. reclusion temporal - next lower is prison which, in turn, entitles him to a penalty one degree
mayor (6 years and 1 day to 12 years). lower, the lowered penalty is the prescribed
Here, the court can get anywhere from that penalty.
range.
So for the same crime, prision mayor shall be the
III. Determine the maximum of the basis (which is lower than reclusion temporal)
indeterminate sentence which shall be I. Penalty is prision mayor
taken from the prescribed penalty for the II. Minimum period shall be taken within the
crime, but also taking into consideration the range of prision correccional. 6 months and
attending mitigating and aggravating 1 day to 6 years.
circumstances. III. Maximum period shall be taken from prison
mayor (6 years and 1 day to 12 years)
Ex. X convicted of homicide.
I. Penalty is reclusion temporal (12 years and Suppose it is in the medium, so within 8
1 day to 20 years) Can the court impose this years and 1 day to 10 years. If there is an
as is? No. This is not the indeterminate aggravating circumstance, then within 10
sentence. years and 1 day to 12 years (maximum). If
II. Minimum period shall be taken anywhere there is a mitigating circumstance, then
within the range of prison mayor. Can the within 6 years and 1 day to 8 years
minimum be 8 years? Yes, because it is (minimum).
within the range of prision mayor. Can the

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Ex. Minor, pleaded guilty and voluntary surrender.
No aggravating. Is it necessary to specify the years for crimes under
I. Penalty is prisión correccional the RPC?
II. Minimum shall be arresto mayor (1 month Not necessarily.
and 1 day to 6 months) Within that range.
III. Maximum shall be medium of prision What is the purpose of requiring trial courts to
correccional (2 years, 4 months and 1 day impose indeterminate sentences?
to 4 years and 2 months) After the convict has served the minimum period of
his sentence, he may then qualify to avail of parole.
Ex. Grave threats, penalty is arresto mayor (1
month and 1 day to 6 months) With 1 aggravating, Parole
no mitigating Suspension of the service after serving the
ANSWER: Straight penalty. ISL does not apply minimum. It is the conditional release after serving
because the penalty imposed does not exceed 1 the minimum period of his sentence. This is not a
year. matter of right so the convict must apply. The
release is conditioned, among many, that he will
Sentence: “Wherefore, the court finds the accused not commit a crime or infraction during his
guilty beyond reasonable doubt of the crime of conditional release.
grave threats and hereby sentences him to suffer
the straight penalty of 4 months of arresto mayor.” Parole cannot be availed in straight penalties.

Special Penal Laws This does not apply to sentences with indivisible
I. To determine minimum period, it should not penalties.
be lower than the minimum of the
prescribed penalty of the crime to which the What will happen if the parolee violates the
accused is convicted conditions? He should be returned to jail so he
II. Maximum should not be higher than the could serve the unexpired sentence. What if he
maximum prescribed penalty of the crime to complies with all conditions? Then the unexpired
which the accused is convicted. portion shall be considered served.

Ex. Possession of shabu, sec. 11, 9165: 12 years Probation

and 1 day to 20 years of imprisonment. The nature is similar to parole. Here, the convict is
I. Minimum should not be lower than 12 years. not required to serve the minimum of his sentence
II. Maximum should not be higher than 20 or stay in jail for even one day. After conviction and
years. sentence, the accused is released subject to
conditions imposed by the court and under the
Sentence: “Wherefore the court finds the accused supervision of a probation officer.
guilty beyond reasonable for violation of sec. 11 of
RA 9165 of the comprehensive dangerous drugs Purpose:
act and hereby sentenced him to suffer the penalty (a) promote the correction and rehabilitation of an
of imprisonment of 12 years to 14 years.” offender by providing him with individualized
treatment;
Ex. Violation of Election Code: 1 year to 2 years of (b) provide an opportunity for the reformation of a
imprisonment penitent offender which might be less probable if he
I. Minimum should not be lower than 1 year were to serve a prison sentence; and
II. Maximum should not be higher than 6 years (c) prevent the commission of offenses.

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 as charged and sentenced to a maximum of 15
When is probation available? years of reclusion temporal.
Section 4. Grant of Probation. Subject to
the provisions of this Decree, the court Here, he cannot avail of probation.
may, after it shall have convicted and
sentenced a defendant and upon Under PD 968, as amended by RA 10707:
application at any time of said defendant,
suspend the execution of said sentence SEC. 9. Disqualified Offenders. — The
and place the defendant on probation for benefits of this Decree shall not be
such period and upon such terms and extended to those:
conditions as it may deem best.
a. sentenced to serve a maximum term of
Probation may be granted whether the imprisonment of more than six (6) years;
sentence imposes a term of imprisonment
or a fine only. An application for probation b. convicted of any crime against the
shall be filed with the trial court, with notice national security;
to the appellate court if an appeal has been
taken from the sentence of conviction. The c. who have previously been convicted by
filing of the application shall be deemed a final judgment of an offense punished by
waiver of the right to appeal, or the imprisonment of more than six (6) months
automatic withdrawal of a pending appeal. and one (1) day and/or a fine of more than
one thousand pesos (P1,000.00);
An order granting or denying probation
shall not be appealable. d. who have been once on probation under
the provisions of this Decree; and
When to apply? Within the period of perfecting an
appeal. e. who are already serving sentence at the
time the substantive provisions of this
How often to apply? Once. He cannot anymore file Decree became applicable pursuant to
an appeal. Or if he appeals, he can no longer apply Section 33 hereof.
for probation.
The violators of the following laws cannot avail of
APPEAL and PROBATION are MUTUALLY probation:
EXCLUSIVE 1. Under Election Code
If the accused withdrew his application and filed an 2. Anti-trafficking of persons and
appeal instead, within the period of appeal, this is 3. Sec. 5 of RA 9165 (Selling)
not possible. Upon filing of application, he waives
his right to appeal. After withdrawal of his Ex. If after appeal, the CA modified the penalty and
application, his sentence becomes final. If he filed a lowered it to a penalty not exceeding 6 years.
notice of appeal and then subsequently withdrew it,
the sentence immediately becomes final and he Here, the accused can still file an application for
shall have to serve it. probation.

Ex. Accused is charged with frustrated murder SEC. 4. Grant of Probation. — Subject to
(Reclusion temporal). After trial, he was convicted the provisions of this Decree, the trial court
may, after it shall have convicted and

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 sentenced a defendant for a probationable Yes. Even if it is just a one-day sentence. There is
penalty and upon application by said no minimum; only a maximum. Take note, he can
defendant within the period for perfecting only apply for probation ONCE.
an appeal, suspend the execution of the
sentence and place the defendant on How about if he is penalized for fine only?
probation for such period and upon such Yes, if there is an express provision for subsidiary
terms and conditions as it may deem best. imprisonment in the judgment for failure to pay the
No application for probation shall be fine.
entertained or granted if the defendant has
perfected the appeal from the judgment of Suppose the court would approve the application.
conviction: Provided, That when a What is/are the effects?
judgment of conviction imposing a non- The suspension of the service of his sentence will
probationable penalty is appealed or continue, subject to several conditions. One of
reviewed, and such judgment is modified which is to not commit a crime or infraction within
through the imposition of a probationable the period.
penalty, the defendant shall be allowed to
apply for probation based on the modified Section 10. Conditions of Probation. Every
decision before such decision becomes probation order issued by the court shall
final. The application for probation based contain conditions requiring that the
on the modified decision shall be filed in probationer shall:
the trial court where the judgment of
conviction imposing a non-probationable (a) present himself to the probation officer
penalty was rendered, or in the trial court designated to undertake his supervision at
where such case has since been re-raffled. such place as may be specified in the
In a case involving several defendants order within seventy-two hours from
where some have taken further appeal, the receipt of said order;
other defendants may apply for probation
by submitting a written application and (b) report to the probation officer at least
attaching thereto a certified true copy of once a month at such time and place as
the judgment of conviction specified by said officer.

Probation is merely a matter of privilege, not a The court may also require the probationer
matter of right. It is discretionary. Even if the to:
accused has all qualifications, the court is not
bound to grant him probation. Accused MAY file a (a)cooperate with a program of
petition for certiorari. supervision;

What will happen to the applicant? (b) meet his family responsibilities;
The service of his sentence shall be suspended
under the same bail bond. If he is not bonded and (c) devote himself to a specific
is detained, then he may apply for bail for the employment and not to change said
meantime or even be released on recognizance. employment without the prior written
approval of the probation officer;
Can the accused, who was imprisoned for 10 days
only, apply for probation? (d) undergo medical, psychological or
psychiatric examination and treatment and

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 enter and remain in a specified institution, not be less than nor to be more than twice
when required for that purpose; the total number of days of subsidiary
imprisonment as computed at the rate
(e) pursue a prescribed secular study or established, in Article thirty-nine of the
vocational training; Revised Penal Code, as amended.

(f) attend or reside in a facility established Suppose the probationer is given 2 years probation.
for instruction, recreation or residence of His probation would not automatically terminate
persons on probation; after 2 years. He should wait for the order of the
court declaring his final discharge from probation.
(g) refrain from visiting houses of ill-
repute; Suppose the accused will successfully comply with
all the conditions within the probation period?
(h) abstain from drinking intoxicating The court will order his final discharge and his
beverages to excess; criminal liability would be considered served,
including the accessory penalties.
(i) permit to probation officer or an
authorized social worker to visit his home Mere fact that the accused is charged with a crime
and place or work; during the period of probation could not be a
ground for the revocation of his probation. He is
(j) reside at premises approved by it and presumed innocent. If he fails to comply with the
not to change his residence without its conditions of the probation by reason of his
prior written approval; or detention because of the crime he committed, then
his probation may be revoked, but not because of
(k) satisfy any other condition related to the mere fact that he was charged with another
the rehabilitation of the defendant and not crime.
unduly restrictive of his liberty or
incompatible with his freedom of X was convicted of 10 charges for violation of BP
conscience. 22. He applied for probation. The court denied his
application because the total duration of his
How long shall the probation last? imprisonment would exceed 6 years. Is the court
It’s longer than the sentence imposed. Usually correct?
times two. Francisco vs CA 243 SCRA 384 - multiple prison
terms imposed against the accused found guilty of
Section 14. Period of Probation. several offenses in one decision, should not be
added up and should not be considered in his
(a) The period of probation of a defendant qualification for application for probation. The
sentenced to a term of imprisonment of probation law uses the word “maximum” and not
not more than one year shall not exceed the term “total”.
two years, and in all other cases, said
period shall not exceed six years. If the charges were filed separately and he was
found guilty in different decisions, then he could not
(b) When the sentence imposes a fine only anymore apply for probation.
and the offender is made to serve
subsidiary imprisonment in case of If a convict is disqualified to avail of probation, he
insolvency, the period of probation shall may apply for parole after serving the minimum.

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57
 Probation is very much favorable to the accused.
X was charged and convicted of arbitrary detention.
He applied for probation and it was approved. After Probation law can only be availed by the
the probation period, an order of discharge was accused if the sentence imposed does not
ordered by the court. After he received the order, exceed 6 years. However, if the offender is
there was a barangay election and he ran for minor, he can avail of probation even if the
captain. His opponent filed a disqualification case sentence exceeds 6 years, provided that the
against him, arguing that it is still within 2 years crime should not violate Sec.5 of RA 9165.
from his discharge of probation. Under LGC, a
person is disqualified to run in local elections within Execution and service of penalties
2 years from serving his sentence. Is X disqualified
to run? Art. 78. When and how a penalty is to be
Moreno vs COMELEC 2006 - accused is qualified executed. — No penalty shall be executed
to run. When a convict files an application for except by virtue of a final judgment.
probation, the service of his sentence is
suspended, including the accessory penalties. A penalty shall not be executed in any other
When the probationer is able to comply with all form than that prescribed by law, nor with any
conditions and is discharged from the service of his other circumstances or incidents than those
sentence, he is still not disqualified to run because expressly authorized thereby.
he has not served his sentence.
In addition to the provisions of the law, the
What happens to the civil liability? special regulations prescribed for the
He is not exempt, just like pardon and amnesty. government of the institutions in which the
Probation has absolutely no bearing on civil liability. penalties are to be suffered shall be observed
(Budlong vs Apalisok, GR No. L-60151) with regard to the character of the work to be
performed, the time of its performance, and
Public school teacher has committed a crime other incidents connected therewith, the
against his student. He was convicted and applied relations of the convicts among themselves and
for probation. One of the conditions imposed was other persons, the relief which they may
that he cannot anymore teach. He filed a petition receive, and their diet.
for certiorari.
According to the SC, while the trial court can The regulations shall make provision for the
impose any condition, such condition must be separation of the sexes in different institutions,
reasonable. (Baclayon vs Mutia, GR No. L-59298) or at least into different departments and also
for the correction and reform of the convicts.
Hernan vs Sandiganbayan - X was convicted of
malversation; 11 years by Sandiganbayan. He Art. 79. Suspension of the execution and
failed to appeal. After 3 years, he filed a motion to service of the penalties in case of insanity. —
reopen the case which was denied. He appealed to When a convict shall become insane or an
the SC, and the court sustained. It however imbecile after final sentence has been
recomputed his penalty to 4 years making it pronounced, the execution of said sentence
probationable. Can he apply for probation? shall be suspended only with regard to the
Yes. SC gave retroactive effect to RA 10951 and personal penalty, the provisions of the second
RA 10707. It is not X’s fault that he was not able to paragraph of circumstance number 1 of article
apply for probation. 12 being observed in the corresponding cases.

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If at any time the convict shall recover his
reason, his sentence shall be executed, unless 1. It must be served in the place where the
the penalty shall have prescribed in accordance crime was committed;
with the provisions of this Code. 2. The number of hours ordered by the courts
must be completed within the period
The respective provisions of this section shall likewise prescribed by the courts;
also be observed if the insanity or imbecility 3. The person sentenced must undergo
occurs while the convict is serving his sentence rehabilitative counselling under the Social
Welfare and Development Officer of the city
------ or municipality where the crime was
Art. 86. Reclusion perpetua, reclusion temporal, committed; and
prision mayor, prision correccional and arresto 4. The person rendering community service
mayor. — The penalties of reclusion perpetua, must be under the supervision of a
reclusion temporal, prision mayor, prision probation officer.
correccional and arresto mayor, shall be
executed and served in the places and penal The courts must consider the following in the
establishments provided by the Administrative discretionary exercise of imposing Community
Code in force or which may be provided by law Service:
in the future.
1. The terms must be commensurate to the
Art. 87. Destierro. — Any person sentenced to gravity of the offense and the circumstances
destierro shall not be permitted to enter the of the case;
place or places designated in the sentence, nor 2. The welfare that the service will bring to
within the radius therein specified, which shall society; and
be not more than 250 and not less than 25 3. The reasonable probability that the person
kilometers from the place designated. sentenced shall not violate the law while
rendering the service.
Art. 88. Arresto menor. — The penalty of arresto
menor shall be served in the municipal jail, or in If the convict violates the terms of the community
the house of the defendant himself under the service, he shall serve the full term of his penalty in
surveillance of an officer of the law, when the jail, or be placed on house arrest if the penalty is
court so provides in its decision, taking into arresto menor. Conversely, if he completes the
consideration the health of the offender and terms of the community service, the court shall
other reasons which may seem satisfactory to order his release, unless detained for another
it. offense.

Take note of RA 11362 - Community Service Act This is discretionary; in lieu of jail for penalties of
arresto menor or arresto mayor
Community service is "any actual physical activity
which inculcates civic consciousness and is Art. 89. How criminal liability is totally
intended towards the improvement of a public work extinguished. — Criminal liability is totally
or promotion of a public service." This privilege may extinguished:
be availed of only once.
(1) By the death of the convict, as to the
The Community Service must observe the following personal penalties and as to pecuniary
guidelines: penalties, liability therefor is extinguished only

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59
when the death of the offender occurs before
it is a public or
final judgment. private act

● Extinguishment of criminal liability is a

ground of motion to quash
While rape is already a crime against person,
● Criminal liability whether before or after final
marriage still stops its prosecution.
judgment is extinguished upon death
because it is a personal penalty
Art. 90. Prescription of crime. — Crimes
● Pecuniary penalty is extinguished only when
punishable by death, reclusion perpetua or
death occurs before final judgement.
reclusion temporal shall prescribe in twenty
● The death of the offended party however
years.
does not extinguish criminal liability of the
accused because it is a crime against the
Crimes punishable by other afflictive penalties
state.
shall prescribe in fifteen years.
(2) By service of the sentence
Those punishable by a correctional penalty
shall prescribe in ten years; with the exception
● Crime is a debt, hence extinguished upon
of those punishable by arresto mayor, which
payment
shall prescribe in five years.
● Service does not extinguish civil liability
● Amnesty – is an act of the sovereign power
The crime of libel or other similar offenses shall
granting oblivion or general pardon. It wipes
prescribe in one year.
all traces and vestiges of the crime but does
not extinguish civil liability.
The crime of oral defamation and slander by
deed shall prescribe in six months.
(3) By absolute pardon

Light offenses prescribe in two months.

Amnesty Pardon
When the penalty fixed by law is a compound
As to when it Before or after Only after
may be conviction conviction has one, the highest penalty shall be made the
extended or become final basis of the application of the rules contained
granted in the first, second and third paragraphs of this
article. (As amended by RA 4661, approved
As to effects The crime Only relieves June 19, 1966.)
with respect to itself is the offender of
the crime obliterated and the penalty,
the accused but not the Prescription of:
stands before crime. He may 1. Crime - no complaint yet
the law as if he still be a 2. Penalty - convict escapes; government
had committed recidivist or loses its right to execute the sentence
no offense habitual
delinquent in a For crimes punishable under SPL:
subsequent
1. The special law itself provides for
crime
committed prescription

As to whether Public act Private act

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 2. If the said SPL does not provide for its authorities, or their agents, and shall be
prescription, then refer to Act. 3326, as interrupted by the filing of the complaint or
amended: information, and shall commence to run again
when such proceedings terminate without the
SECTION 1. Violations penalized by special accused being convicted or acquitted, or are
acts shall, unless otherwise provided in unjustifiably stopped for any reason not
such acts, prescribe in accordance with the imputable to him.
following rules: (a) after a year for offences
punished only by a fine or by imprisonment
The term of prescription shall not run when the
for not more than one month, or both; (b)
offender is absent from the Philippine
after four years for those punished by
imprisonment for more than one month, but Archipelago.
less than two years; (c) after eight years for
those punished by imprisonment for two Prescription commences upon the discovery by the
years or more, but less than six years; and offended party, the authorities or their agents, of
(d) after twelve years for any other offence the crime, not the criminal.
punished by imprisonment for six years or
more, except the crime of treason, which Cabral vs Puno, 70 Scra 606 - date of registration
shall prescribe after twenty years: Provided, of the falsified deed of sale is the date of
however, That all offences against any law
commencement of prescription; it was a notice to
or part of law administered by the Bureau of
the whole world.
Internal Revenue shall prescribe after five
years. Violations penalized by municipal
ordinances shall prescribe after two In crimes of bigamy, prescription commences upon
months. discovery, not the registration with the local civil
registrar. The rule in Cabral vs Puno does not
Violations of the regulations or conditions apply.
of certificates of public convenience issued
by the Public Service Commission, shall Violation of ordinance (2 months/ 60 days
prescribe after two months. prescription) Prosecutor filed beyond the 60-day
period. Accused filed a motion to quash for
prescription under Act. 3326. According to the
Sec. 2. Prescription shall begin to run from
the day of the commission of the violation prosecutor, the filing of the complaint with the
of the law, and if the same be not known at prosecutor’s office stopped/interrupted the
the time, from the discovery thereof and the prescription. Is he correct?
institution of judicial proceeding for its Jadewell vs Lidua. No. It is not the filing that stops
investigation and punishment. (Act 3326) the running of the prescriptive period as regards
violation of an ordinance, but the actual filing of the
The prescription shall be interrupted when case in court.
proceedings are instituted against the guilty
person, and shall begin to run again if the
proceedings are dismissed for reasons not Francisco vs CA 122 SCRA 545 - Where
constituting jeopardy. an accused has been found to have committed a
lesser offense includible within the offense charged,
Art. 91. Computation of prescription of he cannot be convicted of the lesser offense, if it
offenses. — The period of prescription shall has already prescribed. To hold otherwise would be
commence to run from the day on which the to sanction the circumvention of the law on
crime is discovered by the offended party, the prescription by the simple expedient of accusing
the defendant of the graver offense.

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 What if the accused who has not even served his
The filing of the denuncia or complaint for intriguing sentence escapes and only shows up 40 years
against honor by the offended party, later changed later?
by the Fiscal to grave oral defamation, even if it He still has to serve. It is necessary that (1) the
were in the Fiscal's Office, 39 days after the alleged decision has become final and that (2) the accused
defamatory remarks were committed (or must have been serving his sentence but escaped
discovered) by the accused interrupts the period of from jail.
prescription.
Elements of prescription of penalty:
In the case of Olarte, cited by the Court above, the 1. Conviction by final judgment
rules is that the filing of the complaint in the 2. Service of sentence but evades it by
Municipal Court, even if it be merely for purposes of escaping.
preliminary examination or investigation, should,
and does, interrupt the period of prescription of the Art. 94. Partial Extinction of criminal liability. —
criminal responsibility, even if the court where the Criminal liability is extinguished partially:
complaint or information is filed can not try the case
on its merits. 1. By conditional pardon;

Art. 92. When and how penalties prescribe. — 2. By commutation of the sentence; and
The penalties imposed by final sentence
prescribe as follows: 3. For good conduct allowances which the
culprit may earn while he is serving his
1. Death and reclusion perpetua, in twenty sentence.
years;
If an accused is granted conditional pardon, the
2. Other afflictive penalties, in fifteen years; prescriptive period for penalty is also interrupted.

3. Correctional penalties, in ten years; with Types of Pardon granted by the President
the exception of the penalty of arresto 1. Absolute pardon - no condition imposed
mayor, which prescribes in five years; 2. Conditional pardon - with conditions,
usually that the convict should not commit
4. Light penalties, in one year. any crime for the remaining portion of his
sentence. The nature of conditional pardon
Art. 93. Computation of the prescription of is akin to parole. Here, the convict has
penalties. — The period of prescription of already served a portion of his sentence. If
penalties shall commence to run from the date he violates the conditions, he shall be
when the culprit should evade the service of his rearrested even without court order.
sentence, and it shall be interrupted if the
defendant should give himself up, be captured, Commutation of sentence - the sentence is
should go to some foreign country with which reduced. This is one of the President’s powers of
this Government has no extradition treaty, or executive clemency.
should commit another crime before the
expiration of the period of prescription. Good conduct time allowance - consider Art. 29
here. Even if the accused is still under detention, he
is already entitled to good conduct time allowance.

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62
The reason for GCTA is so that they will be
ed conviction has served the
encouraged to behave while under detention. It is become final minimum of his
an incentive for them. sentence

Art. 95. Obligation incurred by person granted As to additional May be No additional

conditional pardon. — Any person who has penalty in case prosecuted penalty in case
of violation under Art. 59 of violation of
been granted conditional pardon shall incur the
conditions
obligation of complying strictly with the
conditions imposed therein otherwise, his non-
compliance with any of the conditions specified
shall result in the revocation of the pardon and Art. 96. Effect of commutation of sentence. —
the provisions of Article 159 shall be applied to The commutation of the original sentence for
him. another of a different length and nature shall
have the legal effect of substituting the latter in
ALL those given conditional pardon must comply the place of the former.
with the conditions. Art. 159 provides for the
penalty, prision correccional in its minimum. Effect of commutation of sentence
However, if the penalty remitted by the granting of Reduction of sentence imposed on the convict.
such pardon be higher than six years, the convict After the reduction, the original sentence is
shall then suffer the unexpired portion of his original superseded or substituted.
sentence.
ART. 97. Allowance for good conduct. – The
That penalty is on top of the remaining sentence good conduct of any offender qualified for
prior to the conditional pardon. The time while on credit for preventive imprisonment pursuant to
conditional liberty is not counted. Article 29 of this Code, or of any convicted
prisoner in any penal institution, rehabilitation
The same principle is used under Parole and or detention center or any other local jail shall
Probation. entitle him to the following deductions from the
period of his sentence: (as amended by RA
If the parolee violates the conditions, the Board will 10592)
order his arrest. 1. During the first two years of
imprisonment, he shall be allowed a
Conditional pardon vs Parole deduction of twenty days for each month
of good behavior during detention;
2. During the third to the fifth year,
Conditional Parole inclusive, of his imprisonment, he shall
Pardon
be allowed a reduction of twenty-three
As to who Granted by Granted by the days for each month of good behavior
grants it the President Board of during detention;
upon the Pardons and 3. During the following years until the tenth
recommendati Parole year, inclusive, of his imprisonment, he
on of the shall be allowed a deduction of twenty-
Board
five days for each month of good
As to when it May be May only be behavior during detention;
may be extended only granted after 4. During the eleventh and successive
granted/extend after the the convict has years of his imprisonment, he shall be

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63
 allowed a deduction of thirty days for calamity or catastrophe enumerated in Article
each month of good behavior during 158 of this Code.
detention; and
5. At any time during the period of This Article shall apply to any prisoner whether
imprisonment, he shall be allowed undergoing preventive imprisonment or serving
another deduction of fifteen days, in sentence (as amended by RA 10592)
addition to numbers one to four hereof,
for each month of study, teaching or 1/5 deduction of the period of his sentence. Here,
mentoring service time rendered. the prisoner deduction is given to prisoners who
have given themselves up to authorities within 48
An appeal by the accused shall not deprive him hours following the issuance of a proclamation
of entitlement to the above allowances for good announcing the passing of the calamity or
conduct. catastrophe.

1. First 2 years - 20 days deduction for each 2/5 deduction shall be deducted if he chose to stay
month of good behavior in the place of his confinement.
2. 3rd to 5th year - 23 days for each month of
good behavior STAL is different from GCTA.
3. Following years until 10th year - 25 days for
each month of good behavior Question: Does GCTA apply to conviction of
4. 11th and successive years - 30 days for heinous crimes?
each month of good behavior Answer: Art. 97 is silent on that matter. Under Art.
5. At any time during the period of 29, they cannot enjoy the benefit of good conduct
imprisonment, he shall be allowed another time allowance.
deduction of fifteen days, in addition to
numbers one to four hereof, for each month ART. 99. Who grants time allowances. –
of study, teaching or mentoring service time Whenever lawfully justified, the Director of the
rendered. Bureau of Corrections, the Chief of the Bureau
of Jail Management and Penology and/or the
Purpose: to encourage the convict to change his Warden of a provincial, district, municipal or
life. city jail shall grant allowances for good
conduct. Such allowances once granted shall
ART. 98. Special time allowance for loyalty. – A not be revoked. (as amended by RA 10592)
deduction of one fifth of the period of his
sentence shall be granted to any prisoner who, Now even a jail warden can grant time allowance.
having evaded his preventive imprisonment or BJMP created a committee for this. There are rules
the service of his sentence under the for the granting of GCTA.
circumstances mentioned in Article 158 of this
Code, gives himself up to the authorities within People vs Tan Feb 1967 - Jail warden committed
48 hours following the issuance of a an error in the computation. The prosecution
proclamation announcing the passing away of questioned the validity of the release of the convict.
the calamity or catastrophe referred to in said According to the accused, the court does not have
article. A deduction of two-fifths of the period of jurisdiction anymore because the proceedings have
his sentence shall be granted in case said already ended.
prisoner chose to stay in the place of his
confinement notwithstanding the existence of a

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64
It is the prerogative of the court meting out the 2. When the acquittal is based on
punishment to see to it that the punishment be exempting circumstance (except for
served until, by act of lawfully authorized accident and insuperable cause; see Art.
administrative agencies of the state, the convict is 101)
pardoned or paroled or, on lawful grounds, set at 3. When the court finds that the liability of
liberty sooner than the expiration of the sentence the accused is only civil in nature
imposed. The prisoner’s re-arrest would not place 4. In cases of independent civil actions
him twice in jeopardy because his re- incarceration (ICA) under the Civil Code
is merely a continuation of the penalty that he had 5. If the civil liability of the accused is
not completely served due to the erroneous act of based on quasi-delict
the warden; it is not a new or subsequent
conviction. Neither would his re-arrest deprive him Pardon by offended party - will cause the extinction
of liberty without due process of law, because he of the civil liability. Here the offended party waives
was not yet entitled to liberty at the time he was his right to collect civil liability from the accused.
released. Service of penalties and allowance for
good conduct are specifically, even elaborately, When a criminal case is filed, the action for
governed by the Penal Code and do not depend recovery of civil liability is deemed instituted.
upon the good faith of the warden and of the Except when:
prisoner. 1. Offended party waives the civil action
2. Offended party reserves his right to institute
DOJ Department Order 953 - Secretary of Justice the civil action separately
must be the final approving officer for the release; 3. Offended party has filed a separate civil
the Chief of the Bureau of Corrections can only action prior to the criminal action
grant releases for those with expired sentences.
Art. 101. Rules regarding civil liability in certain
Art. 100. Civil liability of a person guilty of cases. — The exemption from criminal liability
felony. — Every person criminally liable for a established in subdivisions 1, 2, 3, 5 and 6 of
felony is also civilly liable. article 12 and in subdivision 4 of article 11 of
this Code does not include exemption from civil
There are 2 cases: criminal and civil. Sometimes liability, which shall be enforced subject to the
there are 3 cases, when the convict is a public following rules:
official/officer - administrative.
First. In cases of subdivisions 1, 2, and 3 of
Civil liability is only incurred when there is a private Article 12, the civil liability for acts committed
offended party. by an imbecile or insane person, and by a
person under nine years of age, or by one over
Suppose the accused is acquitted. Does it also nine but under fifteen years of age, who has
automatically follow that the civil liability is acted without discernment, shall devolve upon
extinguished? those having such person under their legal
No, it is not automatic. authority or control, unless it appears that there
There are instances where, despite the acquittal, was no fault or negligence on their part.
there is civil liability:
1. When he is acquitted on reasonable Should there be no person having such insane,
doubt - it depends if the court finds that the imbecile or minor under his authority, legal
act or omission on which the accused may guardianship or control, or if such person be
be civilly held liable exists. insolvent, said insane, imbecile, or minor shall

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65
respond with their own property, excepting or for the payment of the value thereof,
property exempt from execution, in accordance provided that such guests shall have notified in
with the civil law. advance the innkeeper himself, or the person
representing him, of the deposit of such goods
Second. In cases falling within subdivision 4 of within the inn; and shall furthermore have
Article 11, the persons for whose benefit the followed the directions which such innkeeper or
harm has been prevented shall be civilly liable his representative may have given them with
in proportion to the benefit which they may respect to the care and vigilance over such
have received. goods. No liability shall attach in case of
robbery with violence against or intimidation of
The courts shall determine, in sound discretion, persons unless committed by the innkeeper’s
the proportionate amount for which each one employees.
shall be liable.

When the respective shares cannot be equitably No liability shall attach in case of robbery with
determined, even approximately, or when the violence against or intimidation of persons
liability also attaches to the Government, or to unless committed by the innkeeper’s employees.
the majority of the inhabitants of the town, and,
in all events, whenever the damages have been Innkeeper may be a hotel.
caused with the consent of the authorities or
their agents, indemnification shall be made in Elements under par. 1:
the manner prescribed by special laws or 1. The innkeeper, tavernkeeper or proprietor of
regulations. an establishment of his employee
committed a violation of municipal
Third. In cases falling within subdivisions 5 ordinance or some general or special police
and 6 of Article 12, the persons using violence regulation.
or causing the fears shall be primarily liable and 2. That a crime is committed in such inn,
secondarily, or, if there be no such persons, tavern or establishment.
those doing the act shall be liable, saving 3. That the person criminally liable is insolvent.
always to the latter that part of their property
exempt from execution. Elements under par. 2:
1. The guests notified in advance the
Art. 102. Subsidiary civil liability of innkeepers, innkeeper or the person representing him of
tavernkeepers and proprietors of the deposit of their goods within the inn or
establishments. — In default of the persons house.
criminally liable, innkeepers, tavernkeepers, 2. The guests followed the directions of the
and any other persons or corporations shall be innkeeper or his representative with respect
civilly liable for crimes committed in their to the care of and vigilance over such
establishments, in all cases where a violation of goods.
municipal ordinances or some general or
special police regulation shall have been Art. 103. Subsidiary civil liability of other
committed by them or their employees. persons. — The subsidiary liability established
in the next preceding article shall also apply to
Innkeepers are also subsidiarily liable for the employers, teachers, persons, and corporations
restitution of goods taken by robbery or theft engaged in any kind of industry for felonies
within their houses from guests lodging therein, committed by their servants, pupils, workmen,

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apprentices, or employees in the discharge of The employer, teacher, etc. DO NOT HAVE TO
their duties. BE CHARGED. The subsidiary liability of the
employer is deemed written in the decision. It
GR: Only the person/s who committed the crime arises only after conviction of the employee in
shall be civilly liable the criminal action. There is no violation of due
Exception: process on the part of the employer because it
1. Subsidiary civil liability under Art. 102 in is complied with when the prosecution files a
case of default. motion for the enforcement of the subsidiary
a. innkeepers, tavernkeepers, and any liability of the employer. Here, the employer can
other persons or corporations - object.
where a violation of municipal
ordinances or some general or The driver who meets an accident and injures
special police regulation shall have another may be charged under Art. 365 (quasi-
been committed by them or their offense) of the RPC for his recklessness. He could
employees. be held civilly liable, it being deemed instituted. For
b. Innkeepers are also subsidiarily the employer, he only has subsidiary civil liability,
liable for the restitution of goods not solidary liability. He is only liable in case the
taken by robbery or theft within their driver becomes insolvent and unable to pay the civil
houses from guests lodging therein, liability.
or for the payment of the value
thereof, provided that such guests The offended party has the option to file a civil case
shall have notified in advance the against the driver and the operator under the Civil
innkeeper himself, or the person Code (torts) under Art. 2180. Torts can be filed
representing him, of the deposit of independently. The offended party can also file an
such goods within the inn; and shall independent civil action under Art. 2176 in relation
furthermore have followed the to Art. 2180. If the offended party files a case for
directions which such innkeeper or damages under torts, the nature of the liability of
his representative may have given the employer is solidary. Here, the offended party
them with respect to the care and can go directly against the employer.
vigilance over such goods.
2. Employers, teachers, persons, and Is it possible to have 2 civil cases? One is with the
corporations engaged in any kind of industry criminal, the other is separate? Yes. This is allowed
for felonies committed by their servants, under the Rules. What is prohibited is double
pupils, workmen, apprentices, or employees collection.
in the discharge of their duties.
People vs Panganuron (?) - elements before the
Elements: employer becomes subsidiarily liable.
1. The employer, teacher, person or
corporation is engaged in any kind of Art. 104. What is included in civil liability. — The
industry civil liability established in Articles 100, 101,
2. Any of their servants, pupils, workmen, 102, and 103 of this Code includes:
apprentices or employees commit a felony
while in the discharge of his duties 1. Restitution;
3. Said employee is insolvent and has not 2. Reparation of the damage caused;
satisfied his civil liability. 3. Indemnification for consequential
damages.

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 value to the injured party, and reparation shall
This is civil liability that arises out of the crime be made accordingly.
committed. Civil liability ex delicto. Under the Civil
Code, this is called Actual Damages. Art. 107. Indemnification — What is included. —
Indemnification for consequential damages
Restitution - restore. Crimes against property. So shall include not only those caused the injured
the thing stolen shall be returned. party, but also those suffered by his family or
Reparation - repair. If the property cannot anymore by a third person by reason of the crime.
be returned, then the offended party must be paid
the value. This may apply to crimes against persons. Example
Consequential damages in the crime of murder, homicide, etc., the offender
could be held liable to pay civil indemnity. This is
Moral, exemplary, etc. damages are different kinds like actual or compensatory damages.
of damages under the Civil Code.
Civil indemnity under recent jurisprudence:
Art. 105. Restitution. — How made. — The Homicide - 50,000
restitution of the thing itself must be made Murder - 100,000
whenever possible, with allowance for any
deterioration, or diminution of value as Mere fact that the victim died, the accused is
determined by the court. automatically liable.

The thing itself shall be restored, even though it In addition, another 50,000 or 100,000 for moral
be found in the possession of a third person damages, but there must be allegations of moral
who has acquired it by lawful means, saving to suffering by the victims.
the latter his action against the proper person,
who may be liable to him. If there are aggravating circumstances, that may be
the basis for the awarding of moral and exemplary
This provision is not applicable in cases in damages.
which the thing has been acquired by the third
person in the manner and under the Actual damages may be proved through receipts of
requirements which, by law, bar an action for its the necessary expenses. If this is not proved, but
recovery. there is no doubt that the offended party has
incurred such expenses, the court may estimate
Take note of Anti-fencing Law. and award temperate damages.

Cases in which the thing has been acquired by the People vs Jugueta - In our jurisdiction, civil
third person in the manner and under the indemnity is awarded to the offended party as a
requirements which, by law, bar an action for its kind of monetary restitution or compensation to the
recovery: victim for the damage or infraction that was done to
1. Public auction the latter by the accused, which in a sense only
covers the civil aspect. Precisely, it is civil
Art. 106. Reparation. — How made. — The court indemnity. Thus, in a crime where a person dies, in
shall determine the amount of damage, taking addition to the penalty of imprisonment imposed to
into consideration the price of the thing, the offender, the accused is also ordered to pay the
whenever possible, and its special sentimental victim a sum of money as restitution. Also, it is
apparent from Article 2206 that the law only

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imposes a minimum amount for awards of civil day, hence, his gross annual income would be
indemnity, which is ₱3,000.00. The law did not P20,955.60. Using the American Expectancy Table
provide for a ceiling. Thus, although the minimum of Mortality, the award of damages representing
amount for the award cannot be changed, loss of earning capacity should be P349,225.07,
increasing the amount awarded as civil indemnity computed as follows:
can be validly modified and increased when the
present circumstance warrants it. Net = Life expectancy x Gross Annual Income -
Living expenses
Moral damages, upon the other hand, may be
awarded to compensate one for manifold injuries Earning [2/3 (80 age at death)] (GAI) 50% of GAI)
such as physical suffering, mental anguish, serious
anxiety, besmirched reputation, wounded feelings Capacity
and social humiliation. These damages must be
understood to be in the concept of grants, not = 2/3 [(80-30)] x P20,955.60 - 50%
punitive or corrective in nature, calculated to
compensate the claimant for the injury suffered. = 33.33 x P20,955.60 - 50%
Although incapable of exactness and no proof of
pecuniary loss is necessary in order that moral = 33.33 x [P20, 955.60 - 10,477.80]
damages may be awarded, the amount of
indemnity being left to the discretion of the court, it = 33.33 x P10,477.80
is imperative, nevertheless, that (1) injury must
have been suffered by the claimant, and (2) such = P349,225.07
injury must have sprung from any of the cases
expressed in Article 2219 and Article 2220 of the Art. 108. Obligation to make restoration,
Civil Code. reparation for damages, or indemnification for
consequential damages and actions to demand
Exemplary damages can be awarded, not only due the same — Upon whom it devolves. — The
to the presence of an aggravating circumstance, obligation to make restoration or reparation for
but also where the circumstances of the case show damages and indemnification for consequential
the highly reprehensible or outrageous conduct of damages devolves upon the heirs of the person
the offender. In much the same way as Article 2230 liable.
prescribes an instance when exemplary damages
may be awarded, Article 2229, the main provision, The action to demand restoration, reparation,
lays down the very basis of the award. and indemnification likewise descends to the
heirs of the person injured.
People vs Musa (2003) - Under Article 2206 of the
Civil Code, appellants shall be liable for the loss of Take note that the heirs can only be liable up to the
the earning capacity of the deceased. value of the inheritance.
Indemnification for loss of earning capacity
partakes of the nature of actual damages which Art. 109. Share of each person civilly liable. —
must be duly proven. As shown by the victims If there are two or more persons civilly liable for
service record, he was holding the position of a felony, the courts shall determine the amount
Supervising Civil Engineering Draftsman at the for which each must respond.
Department of Public Works and Highway (Region
V, Legazpi City) when he died at the age of 30 on Art. 110. Several and subsidiary liability of
July 18, 1988.32 His salary then was P58.21 per principals, accomplices and accessories of a

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felony — Preference in payment. — the civil liability resulting from the crime
Notwithstanding the provisions of the next committed by him, notwithstanding the fact that
preceding article, the principals, accomplices, he has served his sentence consisting of
and accessories, each within their respective deprivation of liberty or other rights, or has not
class, shall be liable severally (in solidum) been required to serve the same by reason of
among themselves for their quotas, and amnesty, pardon, commutation of sentence or
subsidiaries for those of the other persons any other reason.
liable.

The subsidiary liability shall be enforced, first

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

Whenever the liability in solidum or the

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

Art. 111. Obligation to make restitution

in certain cases. — Any person who has
participated gratuitously in the proceeds of a
felony shall be bound to make restitution in an
amount equivalent to the extent of such
participation.

Art. 112. Extinction of civil liability. — Civil

liability established in Articles 100, 101, 102,
and 103 of this Code shall be extinguished in
the same manner as obligations, in accordance
with the provisions of the Civil Law.

Grounds for extinguishment of obligations apply

here:
1. Payment
2. Loss
3. Remission
4. Confusion
5. Compensation
6. Novation

Art. 113. Obligation to satisfy civil liability. —

Except in case of extinction of his civil liability
as provided in the next preceding article the
offender shall continue to be obliged to satisfy

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