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REVIEW NOTES IN
CRIMINAL JURISPRUDENCE

CRIMINAL LAW (REVISED PENAL CODE – BOOK 1)

CRIMINAL LAW (REVISED PENAL CODE – BOOK 2)

CRIMINAL PROCEDURE

CRIMINAL EVIDENCE

SPECIAL LAWS

COMPILED BY:

LUCIA M. HIPOLITO -- ROMMEL K. MANWONG -- ALFIE P. SARMIENTO

 CRIMINAL LAW
(REVISED PENAL CODE - BOOK I)

CRIMINAL LAW DEFINED

Criminal Law is that branch or division of law which defines crimes, treats of their nature, and provides for their
punishment.

When did the Revised Penal Code take effect?

The Revised Penal Code took effect on January 1, 1932 (Art. 1, RPC).

Characteristics of Criminal Law

Criminal Law has three main characteristics, namely (1) general, (2) territorial, and (3) prospective.

A. General Application

It has General application because Criminal Law is binding on all persons who reside or sojourn in
Philippine territory.
Art. 2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere, interior waters and maritime zone, without reference to the person
or persons who might violate any of its provisions.
Art. 14 of the Civil Code provides that penal laws shall be obligatory upon all who live or sojourn in
Philippine territory.

Exceptions to the General Application of Criminal Law

There are cases where our Criminal Law does not apply even if the crime is committed by a person
residing or sojourning in the Philippines. They constitute the exceptions.

(1) The opening sentence of Art. 2 of the Revised Penal Code says that the provisions of this Code shall be
enforced within the Philippine Archipelago, “except as provided in the treaties and laws of preferential
application.”
(2) Art. 14 of the Revised Penal Code provides that penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international
law and to treaty stipulations .

(a) Treaty or Treaty Stipulations

An example of treaty or treaty stipulation, as an exception to the general application of our

Criminal Law is the Base Agreement entered into by and between the Philippines and the USA
on March 14, 1947 stipulating that “the Philippines consents that the US have the right to
exercise jurisdiction over some particular offenses. However, the said Military Bases Agreement
already expired on September 16, 1991.

(b) Law on Preferential Application

Republic Act No. 75 may be considered a law of preferential application in favor of

diplomatic representatives and their domestic servants.
It is a law to penalize acts which would impair the proper observance by the Republic and
inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign
diplomatic representatives in the Philippines.

Nota Bene:

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 The law does not apply when the foreign country adversely affected does not provide
similar protection to our diplomatic representatives.

(c) Principles of Public International Law

Persons exempt from the operations of our criminal laws by virtue of the principles of public
international law:
1) Sovereigns and other chiefs of state;
2) Ambassadors;
3) Ministers plenipotentiary;
4) Minister’s resident; and
5) Charges d’ affaires.

It is well established principle of international law that diplomatic representatives, such as

ambassadors or public ministers and their official retinue, possess immunity from the criminal
jurisdiction of the country of their sojourn and cannot be sued, arrested or punished by the law of
that country.

Nota Bene:

A consul is not entitled to the privileges and immunities of an ambassador or minister.

B. Territorial Application

It is Territorial, in that criminal law undertakes to punish crimes committed within the Philippine territory.

Art. 2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, which constitute the
Philippine territory.

Extent of Philippine Territory for Purposes of Criminal Law:

Art. 2 of the Revised Penal Code provides that the provisions of said Code shall be enforced within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone.
Art. 1 of the 1987 Constitution provides as follows:
“The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein,
and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The
waters around, between and connecting the islands of the Archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.

Exceptions to the Territorial Application of Criminal Law

Art. 2 of the Revised penal Code provides:

“Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction against those who:

1) Should commit an offense while on a Philippine ship or airship;

2) Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
3) Should be liable for acts connected with the introduction into these islands of the forged or counterfeited
obligations and securities;
4) While being public officers or employees, should commit an offense in the exercise of their functions; or
5) Should commit any of the crimes against national security and the law of nations;

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 6) Should destroy or cause destruction to the maritime/marine zone, the Exclusive Economic Zone (EEZ) and the
natural resources within the EEZ of the Philippines.

C. Prospectivity of Criminal Laws

It is Prospective, in that a penal law cannot make an act punishable when committed. Crimes are
punished under the laws in force at the time of their commission
Art. 21 of the Revised Penal Code provides that no felony shall be punishable by any penalty not
prescribed by law prior to its commission.
Art. 366 of the Revised Penal Code provides that felonies are punishable under the laws enforced at the
time of their commission.

Exception to the Prospective Application of Criminal Laws

Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it
can be given a retroactive effect.

Exceptions to the Exception:

This exception has no application in the following instances:

(1) where the new law is expressly made inapplicable to pending actions or existing causes of actions.
(2) Where the offender is a habitual delinquent/criminal under Art. 62 of the Revised Penal Code.

Nota Bene:

The new law can still be given a retroactive effect if the offender is a Recidivist.

THEORIES IN CRIMINAL LAW

There are three theories in criminal law, namely: (1) classical theory, (2) positivist theory, and (3) eclectic theory.

A. CHARACTERISTICS OF CLASSICAL THEORY

1. The basis of criminal liability is human tree will and the purpose of the penalty it retribution.
2. That man is essentially a moral creature with an absolutely free will to choose between good and evil, thereby
placing more stress upon the effect or result of the felonious act than upon the man, the criminal himself.
3. It has endeavoured to establish a mechanical and direct proportion between crime and penalty.
4. There is a scant regard to the human element.

B. CHARACTERISTICS OF POSITIVIST THEORY

1. That man is subdued occasionally by a strange and morbid phenomenon which constraints him to do wrong, in
spite of or contrary to his volition.
2. That crime is essentially a social and natural phenomenon, and as such, (a) it cannot be treated and checked by
the application of abstract principles of law and jurisprudence nor by the imposition of a punishment fixed and determined
a priori; (b) but rather through the enforcement of individual investigation conducted by a competent body of psychiatrist
and social scientists.

C. CHARACTERISTICS OF ECLECTIC THEORY

What are felonies (Delitos)?

Felonies are acts and omissions punishable by law (Art. 3, 1 st par., RPC).

What are the two ways of committing felonies? How are felonies committed?

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 Felonies are committed by means of deceit (dolo) or by means of fault (culpa).

Elements of Felonies:

1. That there must be an act or omission.

2. That the act or omission must be punishable by the Revised Penal Code (RPC).
3. That the act is performed or the omission incurred by means of dolo or culpa.
4. That the act or omission must have been voluntarily.

When is there deceit?

There is deceit when the act is performed with deliberate intent.

Requisites of Intentional Felonies

In order that an act or omission may be considered as having been performed or incurred with deliberate intent,
the following requisites must concur:

1. The offender must have FREEDOM while doing an act or omitting to do an act;

2. The offender must have INTELLIGENCE while doing the act or omitting to do the act; and

3. The offender must have INTENT while doing the act or omitting to do the act.

NECESSITY OF FREEDOM

When a person acts without freedom, he is no longer a human being but a tool. His liability is as much as that of
the knife that wounds, or of the torch that sets fire, or of the key that opens a door, or of the ladder that placed against the
wall of a house in committing robbery.

Example:
The following have no freedom: (a) a person who acts under the compulsion of an irresistible force, or (b) a
person who acts under the impulses of an uncontrollable fear of an equal of greater injury. Thus, they are exempt from
criminal liability under Art. 12, paragraphs 5 and 6 respectively of the Revised Penal Code.

NECESSITY OF INTELLIGENCE

Intelligence is a necessary factor in determining the morality of a particular act. Thus without this power, no
crime can exist.

Example:

The following are exempt from criminal liability because of the absence of intelligence:

(1) An imbecile or an insane person, unless the latter has acted during a lucid interval (Art. 12, (1), RPC);
(2) A person under nine (9) years of age (Art. 12, (2), RPC);
(3) A person over nine (9) years of age and under fifteen (15), unless he has acted with discernment (Art. 12,
(3), RPC).

NECCESSITY OF INTENT

Intent to commit he act with malice, being purely a mental process, is presumed and the presumption arises
from the proof of the commission of an unlawful act.

Nota Bene:

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 All the three requisites of voluntariness in intentional felony must be present because “a voluntary act is a free,
intelligent, and intentional act”.

When is there fault?

There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Requisites of Culpa

In order that the act or omission in felonies committed by means of fault or culpa may be considered voluntary,
the following must concur:
(1) The offender must have FREEDOM while doing the act or omitting to do the act;
(2) The offender must have INTELLIGENCE while doing the act or omitting to do the act; and
(3) The offender is IMPRUDENT, NEGLIGENT or LACKS FORESIGHT or SKILL while doing the act or
omitting to do the act.

Felonies are classified according to the means by which they are committed into:

(1) Intentional Felonies or felonies committed with malice or deliberate intent, and
(2) Culpable Felonies or felonies committed as a result of imprudence, negligence, lack of foresight or lack of
skill.

GENERAL CLASSES OF CRIMES

1. Intentional Felonies;
2. Culpable Felonies; and
3. Those crimes defined and penalized by special laws, which include crimes punishable by municipal or city ordinances.

The first two are defined and penalized under the Revised Penal Code of the Philippines.

Who incurs criminal liability?

Criminal liability shall be incurred:

(1) By any person committing a felony (delito) although the wrongful act done be different from that which he
intended.
(2) By any person performing an act which would be an offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual
means (Art. 4, RPC).

Notes:

Under paragraph 1 of Art. 4, a person committing a felony is criminally liable although the wrongful act done be
different from that which he intended.

The causes which may produce a result different from that which the offender intended are:

1. error in personae or mistake in the identity of the victim;

2. aberratio ictus or mistake in the blow, that is, when the offender intending to do an injury to one person
actually inflicts it on another; and
3. praeter intentionem or when the injurious result is greater than that intended or the act exceeds the intent.

Requisites:

In order that a person may be held criminally liable for a felony different from that which he intended to commit,
the following must be present:

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 (1) That an intentional felony has been committed; and
(2) That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony
committed by the offender.

In simple words, the felony committed must be the proximate cause of the resulting injury.

PROXIMATE CAUSE DEFINED

“That cause, which in natural and continuous sequence, unbroken by any efficient intervening cause, produces
the injury, and without which the result would not have occurred”.

The felony committed is not the proximate cause of the resulting injury –
(1) when there is an active force that intervened between the felony committed and the resulting injury, and
the active force is a distinct act or fact absolutely foreign from the felonious act of the accused, or
(2) when the resulting injury is due to the intentional act of the victim.

IMPOSSIBLE CRIME

Paragraph 2 of Article 4 of the Revised Penal Code defines impossible crime, to wit, “an act which would be an
offense against persons or property. Were it not for the inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means”.

Why are impossible crimes punishable?

The commission of an impossible crime is indicative of criminal propensity or criminal tendency on the part of
the actor. Such person is a potential criminal. Objectively, the offender does not commit a felony, but subjectively he is a
criminal.

According to the positivist way of thinking, the community must be protected from anti-social activities, whether
actual or potential, of the morbid type of man called “socially dangerous person”.

Requisites of Impossible Crime

(1) That the act performed would be an offense against persons or property.
(2) That the act was done with evil intent.
(3) That is accomplishment is inherently impossible, or that the means employed is either inadequate or
ineffectual.
(4) That the act performed should not constitute a violation of another provision of the Revised Penal Code.

Example of an Impossible Crime, where the act performed by the offender would have been an offense against persons
were it not for the inherent impossibility of its accomplishment.

Stabbing a person lying on bed, the offender having the intent to kill him and thinking that he was only sleeping,
when in fact that person had already been dead before he stabbed him. The ac performed by the offender would have
been murder, an offense against persons, were it not for the inherent impossibility of its accomplishment, it being
impossible to kill a person who is already dead.

Example of an impossible crime, where the act performed by the offender would have been an offense against property
were it not for the inherent impossibility of its accomplishment.

Picking the pocket of another, without his knowledge and consent, to take with intent to gain any personal
property from that pocket which turned out to be empty. The act performed by the offender would have been theft, an
offense against property, were it not for the inherent impossibility of its accomplishment, since theft cannot be committed
when there is no personal property that could be taken.

Case:

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 A picked the pocket of B and succeeded in extracting B’s wallet. Once in possession of the wallet, A opened it,
but finding it empty, he threw away the wallet. Is A guilty of an impossible crime?

Ans:
No, because the wallet has some value and the crime of theft is consummated from the moment the offender
has taken possession of the wallet with intent to gain. Hence, that person is guilty, not of an impossible crime, but of theft.

Nota Bene:

In impossible crime, the act performed should not constitute anoher offense, specifically punished by law.

Example of an impossible crime where the means employed is inadequate

Using small quantity of arsenic or poison to kill a person. The small quantity of poison is inadequate to kill a
person. But the one who used it to kill another is liable for impossible crime, because subjectively he is a criminal.

Example of an impossible crime where the means employed is ineffectual.

Believing that certain white powder was arsenic or poison, A mixed it with the coffee intended for B. When B
drank it he was not injured at all, because the white powder was sugar.

What is the penalty for impossible crime?

The penalty for impossible crime is arresto mayor or a fine from 200 to 500 pesos (Art. 59, RPC).

What factors must be considered by the court in determining the proper penalty for impossible crime?

The factors that must be considered by the court in determining the proper penalty are: (1) the social danger and
(2) the degree of criminality shown by the offender (Art. 59, RPC).

Case:
A fired his revolver at B from a distance of one kilometer. Is A criminally liable?

Ans.:
No. It is believed that A shows stupidity rather than dangerousness. According to the positivist theory, A should
not be punished, because there is neither “social danger” nor any “degree of criminality” shown by him. Even subjectively,
a man with little common sense will know that he cannot hit a person by firing a revolver one kilometer away.

What is the duty of the court in connection with acts, which should be repressed, but which are not covered by
the law?

Whenever a court has knowledge of any act which it may deem proper to repress and which s not punishable by
law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act should be made the subject of legislation (Art. 5, 1 st paragraph,
RPC).

What is the duty of the court in cases of excessive penalties?

Whenever the court finds that a strict enforcement of the provisions of the Revised Penal Code would result in
the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the
offense, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be
deemed proper, without suspending the execution of the sentence (Art. 5, 2 nd paragraph, RPC).

What are the three stages of the acts execution of a felony?

The three stages of execution of a felony are attempted, frustrated and consummated.

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Are these stages of execution punishable?

Consummated felonies, as well as those which are frustrated and attempted, are punishable (Art. 6, 1 st

paragraph, RPC).

Nota Bene:

When the crime is punishable by a special law, the attempted and frustrated stages of the acts of execution are
not punishable, unless the special law provides a penalty therefor.

When is a felony attempted?

A felony is attempted when the offender commences the commission of a felony directly by over acts, and does
not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his
own spontaneous desistance (Art. 6, 3 rd paragraph, RPC).

Elements of Attempted Felony

1. The offender commences the commission of the felony directly by overt acts;
2. He does not perform all the acts of execution which should produce the felony;

3. The offender’s act be not stopped by his own spontaneous desistance; and
4. The non-performance of all the acts of execution was due to cause or accident other than his own spontaneous
desistance.

The external acts must have a direct connection with the crime intended to be committed by the offender.

What is an indeterminate offense?

It is one where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective
is ambiguous.

When is a felony frustrated?

A felony is frustrated when the offender performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator
(Art. 6, 2 nd paragraph, RPC).

Elements of Frustrated Felony

1. The offender performs all the acts of execution;

2. All the acts performed would produce the felony as a consequence;
3. The felony is not produce ;
4. By reason of causes independent of the will of the perpetrator.

Frustrated Felony Distinguished from Attempted Felony

1. In both, the offender has not accomplished his criminal purpose.

2. In frustrated felony, the offender has performed all the acts of execution which would produce the felony,
while in attempted felony, the offender merely commences the commission of a felony directly by overt acts and does not
perform all the acts of execution.

In other words, in frustrated felony, the offender has reached the objective phase; in attempted felony, the
offender has not passed the subjective phase.

SUBJECTIVE PHASE

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 It is that portion of the execution of the crime, starting from the point where the offender begins to that point
where he has still control over his acts, including their natural course.

OBJECTIVE PHASE

It is that portion of the acts of the offender, where he has no more control over the same. All the acts of execution
have been performed by him.

Attempted Felony/Frustrated Felony Distinguished from Impossible Crime

1. In attempted or frustrated felony and impossible crime, the evil intent of the offender is not accomplished.
2. In impossible crime, the evil intent of the offender cannot be accomplished; in attempted or frustrated felony
the evil intent of the offender is possible of accomplishment.

3. In impossible crime, the evil intent of the offender cannot be accomplished or because the means employed
by the offender is inadequate or ineffectual; in attempted or frustrated felony, what prevented its accomplishment is the
intervention of certain cause or accident in which the offender had no part.

Are there felonies that have no attempted or frustrated stages of execution? If yes what are they?

Yes there are felonies that have no attempted and frustrated felonies. They are:
(1) flight to enemy country,
(2) corruption of minors,
(3) formal crimes, lie slander ad false testimony;
(4) felonies by omission like misprision of treason; and
(5) treason.

The crime of flight to enemy country has no attempted and frustrated stages of execution because in flight to
enemy country, the mere attempt to flee or go to enemy country consummates the crime.
The same is true with the crime of corruption of minors. The mere proposal to the minor to satisfy the lust of
another consummates the crime.
In formal crimes, there are no attempted and frustrated stages of execution because they are consummated in
one instant by a single act.
In felonies by omission, there is either a felony when the offender fails to perform an act required by law to be
done, or no felony, if the offender performs the act.
In treason, the overt act I itself constitutes the crime.

Nota Bene:

In the case of People versus Orita, 184 SCRA 1905 , the Supreme Court held there is no such
crime as Frustrated Rape. Rape could either be attempted of consummated.

When is a felony consummated?

A felony is consummated when all the elements necessary for its execution and accomplishment are present
(Art. 6, 2 nd paragraph, RPC).
Every crime has its own elements which must all be present to constitute a culpable violation of a precept of law.

What is an overt act?

An overt act is physical activity, more than a mere planning or preparation, which evinces the intention of the
offender to commit a particular felony.

In what stage of the acts of execution is it important to determine the existence of the overt act?

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 The existence of the overt act is important only in the attempted stage of the acts of execution.
It is not necessary to determine the existence of overt act in the other stages of execution, because in frustrated
stage, as well as in the consummated stage of execution, the offender has performed all the acts of execution which
necessarily implies that the offender has done more than an overt act.

What is a preparatory act? Give at least two examples.

Preparatory acts are those initial acts of a person who has conceived the idea of committing a crime, but which
cannot by themselves logically and necessarily ripen into a concrete offense. They are not even overt acts and hence,
they do not constitute the attempted stage of the acts of execution.
The examples of preparatory acts are (1) conspiracy and proposal to commit a felony, and (2) buying or
securing weapon to commit a crime, i.e. murder, homicide, robbery, etc.

Are preparatory acts punishable?

Generally, preparatory acts are not punishable because the law regards the as innocent or at least permissible,
except in rare and exceptional cases.

The following preparatory acts are punishable:

1. conspiracy to commit treason, rebellion and sedition;

2. proposal to commit treason and rebellion; and
3. preparatory acts which are considered in themselves, by law, as independent crimes like the following:

a) possession of picklocks which is preparatory to the commission of robbery with force upon things;
b) possession of unlicensed firearm.

Nota Bene:

The above mentioned acts are punished by law not a preparatory acts but as a distinct crime i.e.
possession of picklocks defined and punished under Art. 304 of the Revised penal Code and illegal
possession of firearm defined and punished under P.D. 1866 as amended by R.A. 8294.

When are light felonies punishable under the Revised Penal Code?

As a general rule, light felonies are punishable only when they have been consummated (Art. 7, RPC).

Example of light felonies which are punishable only when consummated.

1. Betting in sport contest,

2. Illegal cock-fighting, and
3. Intriguing against honor.

Nota Bene:

These light felonies are punishable only when consummated because they are not
against persons or property and, hence, they are covered by the general rule.

Reason for the rule:

Light felonies produce such sight, such insignificant moral and material injuries that public conscience is
satisfied with providing alight penalty for their consummation. If they are not consummated, the wrong done is so light that
there is no need of providing a penalty at all.

Is there any exception?

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 Yes, there is. Light felonies committed against persons or properties are punishable even if they are only in the
attempted or frustrated stage of execution (Art. 7, RPC).

Reason for the exception

The commission of felonies against persons or property presupposes in the offender some moral depravity

WHEN IS THERE CONSPIRACY?

A conspiracy exists when to or more persons come to an agreement concerning the commission of a felony and
decide to commit it (Art. 8, 2 nd paragraph, RPC).

Requisites of Conspiracy

1. That two pr more persons came to an agreement;

2. That the agreement concerned the commission of a felony; and
3. That the execution of the felony be decided upon.

Is conspiracy punishable?

Conspiracy is punishable only in the cases in which the law specially provides a penalty therefor (Art. 8, 1 st

paragraph, RPC).

Distinguish conspiracy as a felony from conspiracy as a manner of incurring criminal liability:

Conspiracy is a felony when the law especially provides a penalty therefor. In such cases, the mere agreement
and decision to commit a particular felony is punished by law. Thus, conspiracy to commit treason, rebellion and sedition
is punishable.
However, if after the conspiracy the offenders actually committed treason, rebellion or sedition, the conspiracy
ceases to be a felony and becomes only a manner of incurring criminal liability, that is, the act of one conspirator is the act
of all the other conspirators.

In other crimes, like murder or abduction, the mere agreement and decision to commit them is not punishable,
as there is no provision in the RPC which punishes conspiracy to commit murder or abduction. The conspirators become
liable only when the crime, like murder or abduction, is actually committed. But they are liable for the crime actually
committed, not for conspiracy to commit it. The conspiracy will be considered only to make the offenders equally liable,
that is, in the same degree and to the same extent.

When is there a proposal to commit a felony?

There is proposal when the person who has decided to commit e felony proposes its execution to some other
person or persons (Art. 8, 3 rd paragraph, RPC).

Is proposal to commit a felony punishable?

Proposal to commit a felony is punishable only in cases in which the law specially provides a penalty therefor
(Art. 8, 1 st paragraph, RPC).

May a person be held liable for proposal to commit rebellion if the proposal is rejected by the person to whom the
proposal is made? Why?

Yes, because what the law punishes is the mere proposal to commit rebellion or treason by one who is decided
to commit it. The acceptance of such proposal is not necessary.

What are the three classifications of felonies according to gravity?

According to gravity, felonies are classified as grave felonies, less grave felonies and light felonies.

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What are grave felonies?

Grave felonies are those to which the law attaches the capita punishment or penalties which in any of their
periods are afflictive, in accordance with Article 25 of the Revised Penal Code (Art. 9, 1 st par., RPC).

What are less grave felonies?

Less grave felonies are those which the law punishes with penalties which in their maximum period are
correctional, in accordance with Art. 25 of the Revised Penal Code (Art. 9, 2 nd par. RPC).

What are light felonies?

Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fine not
exceeding 200 pesos or both, is provided (Art. 9, 3 rd par., RPC).

Are Offenses defined and penalized by special laws subject to the provisions of the Revised Penal Code? What is
the function of the RPC with regard to these offenses?

No. Offenses, which are or in the future may be punishable under special laws are not subject to the provisions
of the Revised Penal Code. The Revised Penal Code shall be supplementary to such laws, unless the latter should
specially provide the contrary (Art 10, RPC).

What are the circumstances which affect criminal liability?

The circumstances which affect criminal liability are:

(1) justifying circumstances (Art. 11, RPC),

(2) exempting circumstances (Art. 12, RPC) and other absolutory causes (Art. 20, Art. 124, last paragraph,
RPC),
(3) mitigating circumstances (Art. 13, RPC),
(4) aggravating circumstances (Art. 14, RPC), and
(5) alternative circumstances (Art. 15, RPC).

Justifying Circumstances

Any person acting under any of the justifying circumstances does not incur criminal liability.

The act of a person under any of the justifying circumstances is in accordance with law, so that such person is
deemed not to have transgressed the law and is free from both criminal and civil liability.

Exempting Circumstances

Technically, one who acts by virtue of any of the exempting circumstances commits a crime, although by the
complete absence of any of the conditions which constitute free will or voluntariness of the act, no criminal liability arises.
Hence, there is wanting in the agent of the crime any of the conditions which make the act voluntary, or negligent. There is
however, civil liability.

Mitigating Circumstances

These circumstances are based on the diminution of either the freedom of action, intelligence, or intent, or on
the lesser perversity of the offender.

Aggravating Circumstances

These are based on the greater perversity of the offender manifested in the commission of the felony as shown
by (1) the motivating power itself, (2) the place of commission, (3) the means and ways employed, (4) the time, or (5) the

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personal circumstances of the offender or of the offended party.

Alternative Circumstances

The basis of these alternative circumstances is the nature and effects of the crime and the other conditions
attending its commission.

What are the justifying circumstances?

The justifying circumstances provided for under Art. 11 are the following:

(1) Anyone who acts in defense of his person or rights, provided that the following circumstances concur:

1. Unlawful aggression.
2. Reasonable necessity of the means employed to prevent or repel it.
3. Lack of sufficient provocation on the part of the person defending himself.

(2) Any one who acts in defense of the person or rights of his spouse, ascendants, or legitimate natural or
adopted brothers or sisters, or of his relatives by affinity in the same degrees and those by consanguinity
within the fourth civil degree, provided the following requisites are present:

1. Unlawful aggression.
2. Reasonable necessity of the means employed to prevent or repel it.
3. In case the provocation was given by the person attacked, that the one making defense had no part
therein.

(3) Anyone who acts in defense of the person or rights of a stranger, provided that the following requisites
concur:

1. Unlawful aggression.
2. Reasonable necessity of the means employed to prevent or repel it.
3. The person defending be not induced by revenge, resentment, or other evil motive.

(4) Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided
that the following requisites are present:

1. That the evil sought to be avoided actually exists.

2. That the injury feared be greater than that done to avoid it.
3. That there be no other practical and less harmful means of preventing it.

(5) Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

(6) Any person who acts in obedience to an order issued by a superior for some lawful purpose.

What constitutes unlawful aggression?

The act must be unjustified and sufficient to imperil one’s life, limb or right.

Is threat an unlawful aggression?

Mere threatening attitude is not unlawful aggression. But if the threat is offensive and positively strong, showing
the wrongful intent to cause an injury, that threat is an unlawful aggression.

Who are exempt from criminal liability?

The following are exempt from criminal liability:

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

When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

(2) A person under nine years of age.

(3) A person over nine years of age and under fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in accordance with the provisions of Article 80 of the
Revised Penal Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of hi family who shall
be charged with his surveillance and education otherwise, he shall be committed to the care of some institutions
or person mentioned in said Art. 80.

(4) Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.

Nota Bene:

What is the penalty imposable when all the conditions required are not present?

When all the conditions required to exempt from criminal liability (under circumstance
number 4 of Art. 12) are not present, the penalty imposable upon the culprit is

(a) arresto mayor in its maximum period to prision correccional in its minimum period
if he shall have been guilty of a grave felony, and
(b) arresto mayor in its minimum and medium periods, if of a less grave felony (Art.
67, RPC).

(5) Any person who acts under the compulsion of irresistible force.

(6) Any person who acts under the impulse of an uncontrollable fear or an equal or greater injury.

(7) Any person who fails to perform an act required by law, when prevented by some lawful insuperable
cause.

What are the mitigating circumstances?

The following are mitigating circumstances:

(1) Those justifying and exempting circumstances when all the requisites necessary to justify the act or to
exempt from criminal liability in the respective cases are not attendant.

(2) That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall
be proceeded against in accordance with the provisions of Article 80.

(3) That the offender had no intention to commit so grave a wrong as that committed.

(4) That sufficient provocation or threat on the part of the offended party immediately preceded the act.

(5) That the act was committed in the immediate vindication of a grave offense to the one committing the
felony (delito), his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters,
or relatives by affinity within the same degrees.

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 (6) That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.

(7) That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to the presentation of the evidence for the
prosecution.

(8) That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts
his means of action, defense or communication with his fellow beings.

(9) Such illness of the offender as would diminish the exercise of the will power of the offender without
however depriving him of the consciousness of his acts.

(10) Any other circumstances of a similar nature and analogous to those above mentioned.

What are the aggravating circumstances?

The aggravating circumstances are the following:

(1) That advantage be taken by the offender of his public position.

(2) That the crime be committed in contempt of or with insult to the public authorities.

(3) That the act be committed with insult or in disregard of the respect due the offended party on account of his
rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given
provocation.

(4) That the act be committed with abuse of confidence or obvious ungratefulness.

(5) That the crime be committed in the palace of the chief executive, or in his presence, or where public
authorities re engaged in the discharge of their duties, or in a place dedicated to religious worship.

(6) That the crime be committed in the night time, or in an uninhabited lace, or by a band, whenever such
circumstances may facilitate the commission of an offense.
Whenever more than three armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.

(7) That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune.

(8) That the crime be committed with the aid of armed men or persons who insure or afford impunity.

(9) That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of this Code.

(10) That the offender has been previously punished by an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it attaches a lighter penalty.

(11) That the crime be committed in consideration of a price, reward or promise.

(12) That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or
intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great
waste and ruin.

(13) That the act committed with evident premeditation.

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 (14) That craft, fraud or disguise be employed.

(15) That advantage be taken of superior strength, or means be employed to weaken the defense.

(16) That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing means,
methods, or forms in the execution thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended party might make.

(17) That means be employed or circumstances brought about which add ignominy to the natural effects of
the act.

(18) That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance is effected by way not intended for the purpose.

(19) That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.

(20) That the crime be committed with the aid of persons under fifteen years of age or by means of motor
vehicles, motorized watercraft, airships, or other similar means (as amended by RA 5438).

(21) That the wrong done in the commission of the crime be deliberately augmented by causing other wrong
not necessary for its commission.

What are alternative circumstances? What are they?

Alternative circumstances are those which must be taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the other conditions attending its commission.

The alternative circumstances are (1) relationship, (2) intoxication, and (3) the degree of instruction and
education of the offender.

When is the alternative circumstance of relationship be considered?

The alternative circumstance of relationship shall be taken into consideration when the offended party is the (a)
spouse, (b) ascendant (c) descendant, (d) legitimate, natural or adopted brother or sister, or (e) relative by affinity in the
same degrees of the offender.

When shall the alternative circumstance of intoxication mitigating?

The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender
has committed a felony in a state of intoxication, if the same is (a) not habitual or (b) not subsequent to the plan to commit
said felony.

Nota Bene:

For an accused to be entitled to the mitigating circumstance of intoxication, it must be shown that:

(1) at the time of the commission of the criminal act, he has taken such quantity of alcoholic drinks as
to blur his reason and deprive him of a certain degree of control; and
(2) that such intoxication is not habitual, or subsequent to the plan top commit the felony.

When is intoxication aggravating?

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 The intoxication of the offender is aggravating (a) when the intoxication is habitual or intentional or (b) when it is
intentional or subsequent to the plan to commit the crime.

Habitual Drunkard

One given to intoxication by excessive use of intoxicating drinks. The habit should be actual and confirmed. It is
unnecessary that it be a matter of daily occurrence.

DEGREE OF INSTRUCTION AND EDUCATION

Low degree of instruction and education or lack of it is generally mitigating.

High degree of instruction and education is aggravating when the offender avails himself of his learning in
committing the crime.

Nota Bene:

Night time and dwelling are not qualifying aggravating circumstances. They are merely
ordinary or generic aggravating circumstances that could elevate the impossible penalty to its
maximum period.
The qualifying aggravating circumstances are those provided for in Art. 248 of the
Revised Penal Code. If any qualifying aggravating circumstance attended the commission of the
crime it elevates the crime to a graver offense and gives it its proper designation. For example
when the killing is attended with any of the qualifying aggravating circumstances like dwelling, the
offender will be liable for murder and not merely homicide.

NIGHT TIME
That period of darkness beginning at end of dusk and ending at dawn. The Civil Code
defines it as from sunset to sunrise. (Art. 13, Civil Code of the Philippines).

Not all the time, night time may be appreciated as an aggravating circumstance.
Night time may be appreciated as an aggravating circumstance in the following
instances:

1) when it facilitated the commission of the crime;

2) when it is especially sought for by the offender to insure the commission of the crime; or
3) when the offender took advantage thereof for the purpose of impunity.

Night time is not aggravating, even if the crime was committed during night time in the
following instances:

1) When the crime was the result of a succession of acts which took lace within the period of two
hours commencing at 5:00 p.m. to 7:00 p.m.;
2) When treachery concurred with night time in the commission of the crime because night time is
absorbed in treachery; and

3) When the meeting between the offender and the offended party at night time is causal and the
idea of committing the crime came into the mind of the offender only at that time.
The reason for this is that night time was not especially sought for by the offender.
But, it may still be aggravating, if the darkness facilitated the commission of the crime or
that the offender took advantage of it.

DWELLING

Dwelling is an aggravating circumstance when the crime is committed in the dwelling of

the offended party.
Why? Because of two reasons, namely:

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 (1) when the offender was welcomed in the home of the offended party and the offender committed
the crime against the latter, there was ABUSE OF CONFIDENCE; and
(2) when the offender forced his way into the dwelling of the offended party to commit the crime
therein, there was VIOLATION OF THE SANCTITY OF THE HOME.

Dwelling is not aggravating in the following instances;

1) When the offended party in his dwelling gave sufficient and immediate provocation to the
offender.

The offended party loses his right to be respected in his home, because he gave
sufficient provocation to the offender. But the provocation contemplated has three requisites:
(a) it must be given in his dwelling;
(b) it must be sufficient; and
(c) it must be immediate.

2) When both the offender and the offended party are occupants of the same dwelling.
3) When dwelling is inherent in the crime, such as in robbery with force upon things and in
trespass to dwelling.

Pursuant to the 2000 Rules on Criminal procedure specifically Rule 110 qualifying
aggravating circumstances as well as ordinary or generic aggravating circumstances must be
alleged in the information in order to be appreciated.

WHO ARE CRIMINALLY LIABLE?

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

The following are liable for light felonies:

1) Principals.
2) Accomplices.

WHO ARE CONSIDERED AS PRINCIPALS?

The following are considered principals:

(1) Those who take a direct part in the execution of the act;
(2) Those who directly force or induce others to commit it;
(3) Those who cooperate in the commission of the offense by another act without which it would not have
been accomplished (Art. 17, RPC).

Three Kinds of Principals:

1. Principal by Direct Participation (PDP) - Those who take a direct part in the execution of the act.
2. Principal by Induction (PI) - Those who directly force or induce others to commit a crime.
3. Principal by Indispensable Cupertino (PIC) - Those who cooperate in the commission of the offense by
another act without which the crime would not have been accomplished.

PRINCIPAL BY DIRECT PARTICIPATION

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 The principal by direct participation personally takes part in the execution of the act constituting the crime. For
example, one who with intent to gain, personally shoots another is liable as principal by direct participation in the crime of
homicide or one who burns the house of another is a principal by direct participation in the crime of arson.

Nota Bene:
Two or more persons may take direct part in the execution of the act, in which case they
may be principals by direct participation, provided, the following requisites are present:

(1) That they participated in the criminal resolution. Absent this requisite, the
offender cannot be made liable as principal.
(2) That they carried out their plan and personally took part in its execution by acts,
which directly tended to the same end.

PRINCIPAL BY INDUCTION

Becomes liable only as such when the principal by direct participation committed the act induced.

Requisites:

In order that a person may be convicted as principal by inducement, the following requisites must
be present:

1. That the inducement be made directly with the intention of procuring the commission of the
crime; and
2. That such inducement be the determining cause of the commission of the crime by the material
executor.

Two Ways of Becoming a Principal by Induction

1. By directly forcing another to commit a crime, either

(a) by using irresistible force, or
(b) by causing uncontrollable fear.

2. By directly inducing another to commit a crime, either

(a) by giving price, or offering reward or promise, or
(b) by using words of command.

PRINCIPAL BY INDISPENSABLE COOPERATION

Cooperates with the principal by direct participation.

Requisites:

1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose
and intention immediately before the commission of the crime charged; and

2. Cupertino in the commission of the offense by performing another act without which the crime would not have
been accomplished.

Nota Bene:

Determine the cooperation rendered by the offender whether dispensable or

indispensable. If indispensable, liable as principal by indispensable cooperation, but if the
cooperation is dispensable, liable as an accomplice.

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WHO ARE CONSIDERED AS ACCOMPLICES?

Accomplices are those who, not being principals cooperate in the execution of the offense by previous or
simultaneous acts (Art. 18, RPC).

Requisites:

In order that a person may be considered as accomplice, the following requisites must concur:

1. There must be a community of design; that is, knowing the criminal design of the principal by direct
participation, he concurs with the latter in his purpose;
2. He cooperates in the execution of the offense by previous or simultaneous acts, with the intention of
supplying material or moral aid in the execution of the crime in an efficacious way; and
3. There must be a relation between the acts done by the principal and those attributed to the person charged as
accomplice.

Examples of Cooperation by an Accomplice

1. By Previous Act -- Lending of a dagger or pistol to the murderer, knowing the latter’s criminal purpose.

2. By Simultaneous Act – The defendant who held one of the hands of the victim and tried to take away the
latter’s revolver, while his co-defendant was attacking him, is an accomplice for he cooperates in the execution of the
crime by simultaneous act without any previous agreement or understanding.

Nota Bene:

1. An accomplice is neither a principal nor an accessory but who cooperates with the
principal by direct participation by previous or simultaneous acts.
2. An accomplice concurs or approves the act of the principal by direct participation and
performs other acts showing his conformity to the act of the principal by direct participation.
3. An accomplice is not a part of the plan or conspiracy.
4. The act or acts of the accomplice must be lesser than the act or acts done by the
principal by direct participation, that is, they must not be equal to or graver than the act or acts of
the principal by direct participation.
5. The cooperation of the accomplice is only necessary, not indispensable.

How an Accomplice Acquires Knowledge of the Criminal Design of the Principal?

1. When the principal informs or tells the accomplice of the former’s criminal purpose.
2. When the accomplice saw the criminal acts of the principal.

Distinction between Conspirators and Accomplices

1. Conspirators and accomplices have one thing in common; they know and agree with the criminal design.
Conspirators, however, know the criminal intention because they themselves have decided upon such course
of action. Accomplices come to know about after the principals have reached a decision and only then do they
agree to cooperate in its execution.

2. Conspirators decide that a crime should be committed; accomplices merely concur in it. Accomplices do not
decide whether a crime should be committed, they merely assent to the plan and cooperate in its
accomplishment.

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 3. Conspirators are the authors of the crime; accomplices are merely their instruments who perform acts not
essential to the perpetration o the offense.

WHO ARE CONSIDERED AS ACCESSORIES?

Accessories are those who having knowledge of the commission of the crime, and without having participated
therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:

(1) By profiting themselves or assisting the offender to profit by the effects of the crime.
(2) By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent
its discovery.
(3) By harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory
acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some
other crime (Art. 19, RPC).

Paragraph 3 of Article 19 contemplates two kinds of accessories. They are:

1. Public officers who harbor, conceal or assist in the escape of the principal of ANY CRIME (except for light felony) with
the abuse of his pubic functions.

Requisites:

(a) The accessory is a public officer.

(b) He harbors, conceals, or assists in the escape of the principal;
(c) The public officer acts with abuse of his public functions.
(d) The crime committed by the principal is any crime, provided it is not a light felony.

2. Private persons who harbor, conceal or assist in the escape of the author of the crime or the principal:

(1) who is guilty of (a) treason, (b) parricide, (c) murder, or (d) an attempt against the life of the Chief
Executive, or
(2) who is known to be habitually guilty of some other crime.

Nota Bene:

The accessory, to be liable, must have knowledge that the principal is habitually guilty of some
other crime.

Presidential Decree No. 1612 (Anti-Fencing Law of 1979)

FENCING. DEFINED (Sec. 2, par. A, PD 1612)

The act of any person who, with intent to gain for himself or for another shall buy,
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or anything of value which he knows or should be known to
him, to have been derived from the proceeds of the crime of robbery or theft.

FENCE, DEFINED (Sec. 2, par. B)

Any person, firm, association, corporation or partnership or other organization

who/which commits the act of fencing.

WHO ARE THE ACCESSORIES THAT ARE EXEMPT FROM CRIMINAL LIABILITY? IS THERE ANY EXECPTION?

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 Those accessories with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within the same degrees.
The only exception is those accessories who incurred such liability by profiting themselves or assisting the
offender to profit by the effects of the crime. These accessories are criminally liable even if the principal be their spouse,
ascendant, descendant, legitimate, natural and adopted brother or sister, or relative by affinity with in the same degree
(Art. 20, RPC).

Notes:

1. An accessory is exempt from criminal liability, when the principal is his--

(a) spouse, or
(b) ascendant, or
(c) descendant, or
(d) legitimate, natural or adopted brother or sister, or
(e) relative by affinity within the same degrees.

2. Nephew or niece not included among such relatives.

3. Accessory is not exempt from criminal liability even if the principal is related to him, if such accessory:

(a) profited by the effects of the crime, or

(b) assisted the principal to profit by the effects of the crime.

PENALTIES

Can you punish an act which is not defined and penalized by any statute at the time of its commission?

No. Article 21 of the Revised Penal Code provides that “No felony shall be punishable by any penalty not
prescribed by law prior to its commission.

The penalties under the Revised Penal Code have three-fold purposes, namely:

1. Retribution of Expiation – the penalty is commensurate with the gravity of the offense.
2. Correction or Reformation – those penalties consisting deprivation of liberty.
3. Social Defense – shown by its inflexible severity to recidivists and habitual delinquents.

May penal laws be given retroactive effect or application?

Yes. Penal laws shall have retroactive effect insofar as they favor the persons guilty of a felony, who is not a
habitual criminal, although at the time of the publication of such laws a final sentence has been pronounced and the
convict is serving the same (Art. 22, RPC).

What is the effect of pardon given by the offended party?

A pardon by the offended party does not extinguish criminal action, but civil liability with regard to the interest of
the injured party is extinguished by the express waiver of the offended party (Art. 23, RPC).
However, if the pardon is given prior to the institution of the criminal action, it shall extinguish criminal liability

What are the measures of prevention or safety which are not considered penalties?

The following shall not be considered as penalties:

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 (1) The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or
imbecility, or illness requiring their confinement in a hospital.
(2) The commitment of a minor:

(a) to a public or private, benevolent or charitable institution, established under the law for the care,
correction or education of orphaned, homeless, defective, and delinquent children, or
(b) to the custody or care of any other responsible person in any other place subject to the visitation and
supervision by the Director of Public Welfare or any of his agents or representatives, if there be any,
or otherwise by the Superintendent of Public Schools or his representatives.

(3) Suspension from the employment or public office during the trial or in order to institute proceedings.
(4) Fines and other corrective measures which, in the exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.
(5) Deprivation of rights and the reparations which the civil laws may establish in penal form.

What are the different classes of penalties which may be imposed under the Revised Penal Code?

The different classes of penalties which may be imposed under the Revised Penal Code are the following:

1. PRINCIPAL PENALTIES

(1) Capital Punishment

Death
(2) Afflictive Penalties
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor
Fine
Bond to Keep the Peace
(3) Correctional Penalties
Prision Correccional
Arresto Mayor
Suspension
Destierro
Fine
Bond to Keep the Peace
(4) Light Penalties
Arresto Menor
Public Censure

Nota Bene: Penalties common to Afflictive penalties, Correctional Penalties and Light penalties are:

(1) Fine, and

(2) Bond to Keep the Peace

2. ACCESSORY PENALTIES

(1) Perpetual or temporary absolute disqualification

(2) Perpetual or temporary special disqualification
(3) Suspension from public office, the right to vote and be voted for, the profession or calling
(4) Civil interdiction
(5) Indemnification
(6) Forfeiture or confiscation of instruments and proceeds of the offense
(7) Payment of costs (Art. 25, RPC).

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When is a penalty considered afflictive, correctional, or light?

A fine whether imposed as a single or as an alternative penalty shall be considered:

(a) an afflictive penalty , if it exceeds 6,000 pesos;

(b) a correctional penalty , if it does not exceed 6,000 pesos but is not less than 200 pesos; and
(c) light penalty if it be less than 200 pesos (Art. 26, RPC).

DURATION OF PENALTIES (Art. 27, RPC as amended by RA 7659)

Reclusion Perpetua – 20 years and 1 day to 40 years

Reclusion Temporal – 12 years and 1 day to 20 years
Prision Mayor and Temporary Disqualification – 6 years and 1 day to 12 years, except when the penalty of
disqualification is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.
Prision Correccional, Suspension, and Destierro – 6 months and 1 day to 6 years, except when suspension is
imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.
Arresto Mayor – 1 month and 1 day to 6 months
Arresto Menor – 1 day to 30 days
Bond to Keep the Peace – The bond to keep the peace shall be required as to cover such period of time as the court may
determine.

COMPUTATION OF PENALTIES

Rules:

1. If offender be in prison, the term of the duration of the temporary penalties shall be computed from the day on
which the judgment of conviction shall have become final

2. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be
computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement
of the penalty.

3. The duration of other penalties shall be computed only from the day on which the defendant commences to
serve his sentence (Art. 28, RPC).

When may the period of preventive imprisonment be allowed to be deducted from the term of imprisonment?

Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty,

(a) with the full time during which they have undergone preventive imprisonment, if the detention prisoner
agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners; or

(b) four-fifths (4/5) of the time during which he has undergone preventive imprisonment if the detention
prisoner does not agree to abide by the same disciplinary rules imposed upon convicted persons (Art. 29,
RPC as amended by RA 6127).

Requisites:

1. The sentence imposed by the court consists of deprivation of liberty or imprisonment;

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 2. The offender has undergone preventive imprisonment during the pendency of the criminal proceeding until the
finality of the judgment; and

3. The detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon
convicted prisoners.

Who are not entitled to be credited with the full time or four-fifths of the time of preventive imprisonment?

The following offenders are not entitled to be credited either with the full time or four-fifths of the time of
preventive imprisonment:

1. Recidivist, or those convicted previously twice or more times of any crime; and
2. Those who, upon being summoned for the execution of the their sentence have failed to surrender voluntarily
(Art. 29, RPC).

Rule When Preventive Imprisonment for a Period Equal to or more than the Possible Maximum Imprisonment

Whenever the accused has undergone preventive imprisonment or a period equal to or more than the possible
maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall
be released immediately without prejudice to the continuation of the trial thereto or the proceeding on appeal, if the same
is under review (Art. 29, RPC as amended by EO 214, July 10, 1987).

Rule in Case the Maximum Penalty is Destierro

In case the maximum penalty to which the accused may be sentenced is Destierro, he shall be released after 30
days of preventive imprisonment (Ibid).

EFFECTS OF THE PENALTIES ACCORDING TO THEIR RESPECTIVE NATURE

What are the effects of the penalties of Perpetual or Temporary Absolute Disqualification?

The penalties of perpetual or temporary absolute disqualification for public office shall produce the following
effects:

1. The deprivation of the public offices and employment which the offender may have held, even if conferred by
popular election.
2. The deprivation of the right to vote in any election for any popular office or to be elected to such office. In case
of temporary disqualification, the disqualification shall last during the term of the sentence.
3. The disqualification for the offices or public employment’s and for the exercise of any of the rights mentioned.
In case of temporary disqualification, the disqualification shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for nay office formerly held (Art. 30, RPC).

What are the effects of the penalties of perpetual or temporary special disqualifications?

The penalties of perpetual or temporary special disqualification for public office, profession or calling shall
produce the following effects:

1. The deprivation of the office, employment, profession or calling affected.

2. The disqualification or holding similar offices or employments either perpetually or during the term of the
sentence according to the extent of such disqualification (Art. 31, RPC).

What are the effects of the penalties of perpetual or temporary special disqualification for the exercise of the right
of suffrage?

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 The perpetual or temporary special disqualification for the exercise of the right of suffrage shall:
(a) deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of
the right to vote in any popular election for any public office or to be elected to such office; and
(b) the offender shall not be permitted to hold any public office during the period of his disqualification (Art. 32,
RPC).

What are the effects of the penalties of suspension from any public office, profession or calling, or the right of
suffrage?

The penalties of suspension from any public office, profession or calling, or the right of suffrage shall disqualify
the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the
sentence.
The person suspended from holding public office shall not hold another having similar functions during the
period of his suspension (Art. 33, RPC).

What are the effects of civil interdiction?

Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or
guardianship, either as to the person or property of the ward, of marital authority, of the right to manage his property and of
the right to dispose of such property by any act or any conveyance inter vivos (Art. 34, RPC).

What are the effects of bond to keep the peace?

It gives the person sentenced to give bond to keep the peace the duty to present two sufficient sureties who:
(a) shall undertake that such person will not commit the offense sought to be prevented, and
(b) in case such offense be committed they will pay the amount determined by the court in the judgment, or
otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking (Art. 35,
RPC).

What is the effect if the person sentenced failed to give the bond required by the court?

Should the person sentenced fail to give the bond as required he shall be detained for a period which:
(a) shall in no case exceed six (6) months, if he shall have been prosecuted or a grave or less grave felony, and
(b) shall not exceed thirty (30) days if for a light felony (Art. 35, RPC).

What is the period of duration of the bond?

The period of duration of the bond depends upon the discretion of the court. The court shall determine,
according to its discretion, the period of duration of the bond (Art. 35, RPC).

What are the effects of pardon given by the President in the exercise of his pardoning power?

The pardon given by the President have the following effects:

(1) It shall not work the restoration of the right to hold pubic office, or the right of suffrage except when such rights
were expressly restored by the terms of the pardon, and
(2) It shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence
(Art 36, RPC).

What are included in the costs of the proceeding in criminal cases?

Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or
unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule (Art. 37,
RPC).

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What are pecuniary liabilities of a person guilty of a crime?

The pecuniary liabilities of the offender are the following:

(1) The reparation of the damage caused;
(2) Indemnification of consequential damages;
(3) The Fine; and
(4) The cost of the proceedings.

What is the order of payment in case the property of the offender is not sufficient for the payment of all his
pecuniary liabilities?

In case the property of the offender is not sufficient for the payment of all his pecuniary liabilities, the same shall
be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.

When should this order of payment be availed of?

The order of payment provided for under Art. 28 of the Revised Penal Code should be availed of only when the
offender is insolvent or his property is not sufficient for the payment of all his pecuniary liabilities.

What is subsidiary penalty?

Subsidiary penalty is a subsidiary personal liability to be suffered by the convict who has no property with which
ti meet the pecuniary liabilities for the reparation of the damage caused, indemnification of consequential damages, and
fine, at the rate of one day for each 8.00, subject to the rules provided for by law.

Is subsidiary penalty deemed imposed in case the convict could not pay certain pecuniary liabilities by reason of
insolvency? Explain.

No, subsidiary penalty must be expressly imposed by the Court in order that the convict may be required to
serve it. It is not an accessory penalty. It is imposed upon the accused and served by him in lieu of certain pecuniary
liabilities which he fails to pay on account of insolvency.

What are the rules relative to subsidiary penalty?

The rules are:

1. If the penalty imposed if Prision Correccional or arresto and fine – subsidiary imprisonment, not to exceed 1/3 of
the term of the sentence, and in no case to continue for more than one year. Fraction or part of a day, not
counted.
2. When the penalty imposed is fine only – subsidiary imprisonment, not to exceed 6 months, if the offense is grave
or less grave felony; and not to exceed 15 days, if light felony.
3. When the penalty imposed is higher than prision correccion al – no subsidiary imprisonment.
4. If the penalty imposed is not by confinement , but of fixed duration – the nature of the subsidiary penalty is the
same as that of the principal penalty under the same rules in number 1, 2, and 3 above.
5. In case the financial circumstances of the convict should improve he shall pay the fine (Art. 39, RPC as
amended by RA 5465, April 21, 1969).

Notes:

In what case is there no subsidiary penalty, even if the offender cannot pay the pecuniary liabilities by reason insolvency?

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 Even if the offender cannot pay the pecuniary liabilities by reason of insolvency, the offender cannot be required
to undergo subsidiary penalty in the following instances:

1. When the penalty imposed is higher than Prision correccional , such as Prision mayor , Reclusion temporal and
Reclusion perpetua . In this case, there is no subsidiary penalty.
2. For failure to pay the costs of the proceedings there is no subsidiary penalty.
3. When the penalty imposed is fine and a penalty not to be executed by confinement in a penal institution and has
no fixed duration, there is no subsidiary penalty.

Nota Bene:

Subsidiary penalty is possible only when any of the following penalties is imposed:
(1) prision correccional;
(2) suspension and fine;
(3) destierro
(4) arresto mayor;
(5) arresto menor; and
(6) fine only.

What is the maximum duration of the subsidiary penalty?

If the penalty imposed is prision correccional or arresto mayor and fine it shall not exceed one-third (1/3) of
the term of the sentence, and in no case shall it continue for more than one (1) year.
But if the penalty imposed if fine only, it shall not exceed six (6) months, if the offender is prosecuted for
grave or less grave felony; and not more than fifteen (15) days, if prosecuted for a light felony.

In what does the subsidiary penalty consist?

Subsidiary penalty does not always consist of imprisonment.

If the penalty imposed is prision correccional or arresto mayor and fine, the subsidiary penalty shall consist
in imprisonment.
If the penalty imposed is destierro, the subsidiary penalty is also destierro.
If the penalty imposed is suspension, the subsidiary penalty is also suspension.

What is an accessory penalty?

An accessory penalty is that penalty which is deemed included in the imposition of the principal penalty.

What are the accessory penalties of death?

If the penalty of death is executed, it has no accessory penalties for obvious reasons.
If the penalty of death not executed by reason of commutation or pardon, its accessory penalties are (1)
perpetual absolute disqualification, and (2) civil interdiction during thirty (30) years EXCEPT when such accessory
penalties have been expressly remitted in the pardon (Art. 40, RPC).

What are the accessory penalties of Reclusion Perpetua and Reclusion Temporal?

The accessory penalties of Reclusion Perpetua and Reclusion Temporal are (1) civil interdiction for life or during
the period of the sentence as the case may be, and (2) perpetual absolute disqualification which the offender shall suffer
even though pardoned as to the principal penalty EXCEPT when such accessory penalties have been expressly remitted
in the pardon (Art. 41, RPC).

What are the accessory penalties of Prision Mayor?

The accessory penalties of prision mayor are (1) temporary absolute disqualification, and (2) perpetual special
disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty
EXCEPT when such accessory penalties have been expressly remitted in the pardon (Art. 42, RPC).

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What are the accessory penalties of Prision Correccional?

The accessory penalties of prision correccional are (1) suspension from public office, from the right to follow a
profession or calling, and (2) perpetual special disqualification from the right of suffrage, if the duration of said
imprisonment shall exceed eighteen (18) months even though pardoned as to the principal penalty EXECPT when such
accessory penalties have been expressly remitted in the pardon (Art. 43, RPC).

What are the accessory penalties of arresto?

The accessory penalties of arresto are (1) suspension of the right to hold office, and the right of suffrage during
the term of the sentence (Art. 44, RPC).

Note:
Every penalty imposed for the commission of a felony carries with it the forfeiture of the proceeds of the crime
and the instruments or tools with which it was committed.

What should be done to the proceeds, instruments or tools?

Such proceeds and instruments or tools are confiscated and forfeited in favor of the Government EXCEPT
when such property belongs to a third person not liable for the offense.
Those articles which are not subject of lawful commerce shall be destroyed (Art. 45, RPC).

Is subsidiary penalty an accessory penalty?

No. Subsidiary penalty is a personal penalty prescribed by law I substitution of the pecuniary liability when the
latter cannot be satisfied because of the culprit’s insolvency. Hence, subsidiary imprisonment cannot be served unless the
judgment so provides in case the accused is insolvent (People vs. Fajardo, 65 Phil. 539).

APPLICATION OF PENALTIES

Generally, the Penalty Imposed by Law is to be Imposed Upon Principals

The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the
commission of such felony (Art. 46, RPC).

Penalty Imposed Applies to Consummated Felony

Whenever the law prescribed a penalty for a felony in general terms, it shall be understood as applicable to the
consummated felony (Art. 46, RPC).

WHAT IS A COMPLEX CRIME?

A complex crime is one where a single act constitutes two or more grave or less grave felonies or where an
offense is a necessary means for committing the other (Art. 48, RPC).

Two Kinds of Complex Crime

(1) Delito Compuesto or Compound Crime - When a single act constitutes two or more grave or less grave
felonies.

(2) Delito Complejo or Complex Crime Proper - When an offense is a necessary means for committing the
other.

Nota Bene: A complex crime is only one crime as contemplated by law because the offender has
only one criminal intent.

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DELITO COMPUESTO (Compound Crime)

Requisites:

1. That only a single act is performed by the offender.

2. That the single act produces two or more grave or less grave felonies.

Examples: Murder with Homicide, Homicide with Frustrated Homicide

DELITO COMPLEJO (Complex Crime Proper)

Requisites:

1. That at least two offenses are committed.

2. That one or some of the offenses must be necessary means for committing the other.
3. That both or all the offenses must be punished under the same statute.

Examples: Estafa through falsification of commercial documents.

Malversation through falsification of a public document.

Nota Bene:

No complex crime when one of the offenses was committed for the purpose of concealing the
commission of the other.

Example:

After committing homicide, the accused in order to conceal the crime, set fire to the house where
it had been perpetrated.

Setting fire to the house is arson (Art 321). But in this case, neither homicide nor arson was
necessary to commit the other. Hence, the offender committed two separate crimes of Homicide and Arson.

No complex crime where the offense is penalized by a special law.

In the case of Reocdica versus Court of Appeals , a grave or less grave felony cannot be complex
with a light felony. The light felony should be separated, no to be complexed.

PENALTY TO BE IMPOSED IN CASE OF COMPLEX CRIMES

The penalty for the more or most serious crime shall be imposed, the same to be applied in its maximum
period (Art. 48, RPC).

Nota Bene:

The penalty to be imposed in case of complex crime is the penalty imposable to the gravest
offense notwithstanding the presence of mitigating circumstances. This is so because the maximum of the
maximum cannot be offset by any mitigating circumstance.

This does not mean however that the Indeterminate Sentence Law does not apply to complex
crimes. As long as the case does not belong to the exceptions provided for under Sec. 2 of Act 4103 as
amended (Indeterminate Sentence Law), the provisions of such law shall be applied. However, in fixing the
maximum penalty imposable to the offender, the maximum shall be imposed regardless of the presence of
any mitigating circumstance.

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Penalty to be Imposed upon the Principals when the Crime Committed is Different from That Intended

In cases in which the felony committed is different from that which the offender intended to commit, the following
rules shall be observed:

(1) If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the
accused intended to commit – the penalty corresponding to the offense which the accused intended to
commit shall be imposed in its maximum period .
(2) If the penalty prescribed for the felony committed be lower than that corresponding to the one, which the
accused intended to commit – the penalty prescribed for the felony committed shall be imposed in its
maximum period.
(3) The rule established by the next preceding paragraph shall not be applicable if the acts committed by the
guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher
penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated
crime shall be imposed in its maximum period (Art. 49, RPC).
Nota Bene:

Art. 49 does not apply to aberratio ictus because I this hypothesis there is a complex crime and
Art. 48 applies.

It does not apply also to praeter intentionem , because in this hypothesis, the crime befalls the
same person, whereas Art. 49 has no application to cases where a more serious consequence not intended
by the offender befalls the same person ( People versus Alburquerque, 59 Phil. 150).

ARTICLES 50 - 57

Penalty to be imposed upon PRINCIPALS of a FRUSTRATED CRIME:

The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon
the principal in a frustrated felony (Art. 50, RPC).

Penalty to be imposed upon PRINCIPALS of ATTEMPTED CRIMES:

A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon
the principals in an attempt to commit a felony (Art. 51, RPC).

Nota Bene:

Art. 250 . Penalty for frustrated parricide, murder or homicide. – The courts in view of the facts of
the case may impose upon the person guilty of the frustrated crime of PARRICIDE, MURDER or
HOMICIDE… a penalty lower by one degree than that which should be imposed under the provisions of Art.
50.

The courts, considering the facts of the case may likewise reduce by one degree the penalty
which under Art. 51 should be imposed for an attempt to commit any of such crimes (Art. 250, RPC).

Question: May the court impose a penalty lower by two degrees than hat prescribed by law for the
consummated felony upon the principal in a frustrated felony?

Answer: Yes. The court, in view of the facts of the case, may impose upon the person guilty of the
frustrated crime of parricide, murder or homicide a penalty lower by one degree than that which should be
imposed under the provisions of Art. 50 (Art. 250, RPC).

Inasmuch as Art. 50 provides that the penalty next lower in degree than that prescribed by law for
the consummated felony shall, and Art. 250 provides that the court may impose a penalty lower by one
degree than that which should be imposed under Art. 50, it is clear that the court can impose a penalty lower
by two degrees.

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Question: May the court impose a penalty lower by three degrees than that prescribed by law for the
consummated felony upon the principal in an attempted felony?

Answers: Yes. The court, considering the facts of the case, may likewise reduce by one degree the penalty
which under Art. 51 should b imposed for an attempt to commit any of such crimes (Art. 250, 2 nd par.).

Inasmuch as Art. 51 provides that a penalty lower by two degrees than that prescribed b law for
the consummated felony shall be imposed upon the principal in an attempt to commit a felony, and Art. 250
provides that the court may reduce by one degree the penalty which under Art. 51 should be imposed for a
attempt to commit the crime of parricide, murder or homicide, it is clear that he court can impose a penalty
lower by three degrees.
Note that Art. 250 only applies in three crimes, namely: (1) PARRICIDE, (2) MURDER, and (3)
HOMICIDE.

Penalty to be imposed upon ACCOMPLICES in a CONSUMMATED CRIME:

The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon
the accomplices in the commission of a consummated felony (Art. 52, RPC).

Penalty to be imposed upon ACCESSORIES to the commission of a CONSUMMATED FELONY:

The penalty lower by two degrees than that prescribed by law or the consummated felony shall be imposed upon
the accessories to the commission of a consummated felony (Art 53, RPC).

Penalty to be imposed upon ACCOMPLICES in a FRUSTRATED CRIME:

The penalty next lower in degree than that prescribed by law for the frustrated felony shall be imposed upon the
accessories to the commission of a frustrated felony (Art. 54, RPC).

Penalty to be imposed upon ACCESSORIES of a FRUSTRATED CRIME:

The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the
accessories to the commission of a frustrated felony (Art. 55, RPC).

Penalty to be imposed upon ACCOMPLICES in an ATTEMPTED CRIME:

The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed
upon the accomplices I an attempt to commit the felony (Art. 56, RPC).

Penalty to be imposed upon accessories of an ATTEMPTED CRIME:

The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the
accessories to the attempt to commit a felony (Art. 57, RPC).

Exception to Arts. 50 – 57:

The provisions contained in Articles 50 to 57 shall not be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories
(Art. 60, RPC).

Additional penalty to be imposed upon certain accessories:

Those accessories falling within the terms of paragraph 3, Art 19 of the RPC who should act with abuse of their
public functions, shall suffer the additional penalty for absolute perpetual disqualification of the principal offender hall e
guilty of a grave felony, ad that of absolute temporary disqualification if he shall be guilty of a less grave felony (Art. 58,
RPC).

RULES FOR GRADUATING PENALTIES

For the purpose of graduating the penalties which according to the provisions of Arts. 50 – 57 are to be imposed
upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following
rules shall be observed:

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 1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in DEGREE shall be
that immediately following that indivisible penalty in the respective graduated scale prescribed in Art. 71.
2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible
penalties to be imposed to heir full extent, the penalty next lower in degree shall be that immediately following the
lesser of the penalties prescribed in the respective graduated scale.
4. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum
period of another divisible penalty, the penalty next lower in degree shall be composed of three medium and
minimum periods of the proper indivisible penalty and the maximum period of that immediately following in said
respective graduated scale.
5. When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be composed of the period immediately following, which shall be
taken from the penalty prescribed, if possible; otherwise from the penalty immediately following in the above
mentioned respective graduated scale.
6. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding
rules, the courts proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of
the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories (Art. 61, RPC).

What is a degree in relation to the penalties provided by the Revised Penal Code?

A degree is one unit penalty or one of the penalties enumerated in the graduated scales in Art. 71 of the Revised
Penal Code.
Thus, Scale No. 1 of said article mentions the penalties in the following order:

1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Destierro,
8. Arresto Menor,
9. Public Censure,
10. Fine.

One of them is a degree in relation to the others. Prision ma yor is one degree lower from reclusion temporal .
Prision correccional is two degrees lower from reclusion temporal.

Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency:

Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of
diminishing or increasing the penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime especially punishable by law or which are
included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the
purpose of increasing the penalty.

(a). When in the commission of the crime, advantage was taken by the offender of his public position, the penalty
to be imposed shall be in its maximum regardless of mitigating circumstances. The maximum penalty shall be imposed if
the offense was committed by any person who belongs to an organized/syndicated crime group.

An organized/syndicated crime group means a group of two or more persons collaborating,

confederating or mutually helping one another for purposes of gain in the commission of any crime.

2. The same rule shall apply with respect to any aggravating circumstances inherent in the crime to such a degree
that it must of necessity accompany the commission thereof.

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 3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private
relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the
liability of the principals, accomplices and accessories as to whom such circumstances are attendant.

4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it,
shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of
the execution of the act or their cooperation therein.

5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of
which he be found guilty and to the additional penalty of prision correccional in its medium and maximum
periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which
he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime
of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion
temporal in its minimum period.

Notwithstanding the provisions of this Article, the total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, if within a period of ten
(10) years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo,
hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener (Art. 62, RPC as amended by RA
7659).

Rules for the application of indivisible penalties

In all cases in which the law prescribed a single indivisible penalty, t shall be applied by the courts regardless of
any mitigating or aggravating circumstances that may have attended the commission of the deed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall
be observed in the application thereof:

(1) When in the commission of the deed there is present only one aggravating circumstance, the greater
penalty shall be applied.
(2) When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser
penalty shall be applied.
(3) When the commission of the act is attended by some mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
(4) When the litigating and aggravating circumstances attended the commission of the act, the court shall
reasonably allow them to offset one another in consideration of their number and importance, for the
purpose of applying the penalty in accordance with the preceding rules, according to the result of such
compensation (Art. 63, RPC).

Rules for the application of penalties which contain three periods:

In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or
composed of three different penalties, each one of which forms a period in accordance with the provisions of Arts. 76 and
77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not
mitigating or aggravating circumstances:

(1) When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by
law in its medium period.

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 (2) When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its
minimum period.
(3) When only an aggravating circumstance is present in the commission of the act, they shall impose the penalty in
its maximum period.
(4) When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one
class against the other according to their relative weight.
(5) When there are tow or more mitigating circumstances and no aggravating circumstances are present, the court
shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable,
according to the number and nature of such circumstances.
(6) Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a
greater penalty than that prescribed by law, in its maximum period.
(7) Within the limits f each period, the court shall determine the extent of the penalty according to the number and
nature of the aggravating and mitigating circumstances and the greater or lesser extent o the evil produced by
the crime (Art. 64, RPC).

Notes:

What is a period n relation to a penalty?

A period is one of the three equal portions of a divisible penalty known as minimum, medium and maximum.
However, when the penalty prescribed by the Code is composed of three distinct penalties each forming a period, a period
is one of those three penalties.

What is a complex penalty?

A complex penalty is a penalty prescribed by law, composed of three distinct penalties, each forming a
period. The lightest of them shall be the minimum period; the next the medium period and the most severe shall be the
maximum period.

Example:
Reclusion Tempora l to Death.
minimum period – Reclusion temporal
medium period – Reclusion Perpetua
maximum period – Death

Is a complex penalty the penalty for a complex crime?

No, it is not the penalty for complex crime. The penalty for a complex crime is that provided for under Article 48
of the Revised Penal Code, that is, the penalty for the graver or gravest offense, the same to be imposed in its maximum
period.

Rules in cases in which the penalty is not composed of three periods

In cases in which the penalty prescribed by law is not composed of three periods, the courts shall apply the rules
provided under Art. 64, dividing into three equal portions of time included in the penalty prescribed and forming one period
or each of the three portions (Art. 65, RPC).

IMPOSITION OF FINES

May the court impose a fine at its own discretion?

Art. 66 provide that in imposing fines the courts may fix any amount within the limits established by law. Hence,
even though the law authorizes the court to impose any amount of fine, said amount should be within the limits provided
for by law.

What are the factors that should be taken into consideration by the court in fixing the amount of fine?

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 In fixing the amount in each case, attention shall be given, not only to the mitigating and aggravating
circumstances, but more particularly to the wealth or means of the culprit (Art. 66, RPC).

Penalty to be imposed upon a person under eighteen years of age

When the offender is a minor under eighteen years and his case s one coming under the provisions of the
paragraph next to the last of Art. 80 of the Revised Penal Code, the following rules shall e observed:

(1) Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the
court having declared that he acted with discernment discretionary penalty shall be imposed, but always
lower by two degrees at least than that prescribed by law for the crime which he committed.
(2) Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by
law shall be imposed, but always in the proper period (Art. 68, RPC).

Penalty to be imposed when the crime committed is not wholly excusable:

A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly
excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal ability in
the several cases mentioned in Arts. 11 and 12 provided that the majority of such conditions are present. The courts shall
impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of
exemption present or lacking (Art. 69, RPC).

SERVICE OF SENTENCE

How should the offender serve his penalties when he has to serve two or more penalties?

When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the
penalties will so permit.

If the nature of such penalties is not possible for simultaneous service, the order of their severity shall be
followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted
as to the penalty or penalties first imposed, or should they have been served out (Art. 70, 1 st and 2 nd paragraphs, RPC).

According to severity, what is the order of the penalties provided for by law?

The respective severities of the penalties are arranged in the following scale:

1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Arresto Menor,
8. Destierro,
9. Perpetual Absolute Disqualification,
10. Temporary Absolute Disqualification
11. Suspension for public office, the right to vote and be voted for, the right to follow a profession or calling,
12. Public censure.

What is the three-fold rule in Criminal Law?

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 It is the rule providing that the maximum duration of the convict’s sentence shall not be more than three-old the
length of tie corresponding to the most severe of the sentence imposed. No other penalty to which he may be liable shall
be inflicted after the sum total of those imposed equals the sae maximum period.
Such maximum period shall in no case exceed forty (40) years (Art. 70, PRC).

What is the duration of perpetual penalties (pena perpetua)?

The duration of perpetual penalties ( pena perpetua ) shall be computed at thirty (30) years (Art. 70, RPC).

GRADUATED SCALE

In the case in which the law prescribed a penalty lower or higher by one or ore degrees than another given
penalty, the rules prescribed in Art. 61 shall be observed in graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in which s comprised the given penalty.
The courts in apllying such lower or higher penalty shall observe the following graduated scales:

SCALE NO. 1

1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Destierro,
8. Arresto Menor,
9. Public Censure,
10. Fine.

SCALE NO. 2

1. Perpetual absolute disqualification,

2. Temporary absolute disqualification,
3. Suspension from pubic office, the right to vote and bevoted for, and the right to follow a profession or
calling,
4. Public censure,
5. Fine (Art. 71, RPC).

What is the order of preference in the payment of civil liabilities of a person found guilty of two or more offenses?

The civil liability of a person found guilty of two or more offenses shall be satisfied by following the chronological
order of the dates of the judgments rendered against him, beginning with the first in order of time (Art. 72, RPC).

What is the presumption in regard to the imposition of accessory penalties?

Whenever the courts shall impose a penalty which, by provision of law, carries with it other penalties such as
death if not executed by reason of commutation or pardon, reclusion perpetua , reclusion temporal , prision mayor , prision
correccional, and arresto, it must be understood that the accessory penalties are also imposed upon the convict (Art. 73,
RPC).

Penalty higher than reclusion perpetua in certain cases

In cases in which the law prescribe a penalty higher than another given penalty, without specifically designating
the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of Art.
40, shall be considered as the next higher penalty (Art. 74, RPC).

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DIFFERENTIATIONS

1. When is the discharge of firearm (1) alarm, (2) illegal discharge of firearm, or (3) attempted homicide, or
attempted murder or attempted parricide?

 The discharge of firearm is considered as an alarm when the offender merely discharges his firearm within
a town or public place, which produces alarm or danger, without aiming the firearm at or against any
person.
 It is illegal discharge of firearm when the offender discharges the firearm against or at a certain person,
without any intent to kill, but merely to frighten the offended party.
 It is attempted homicide, or attempted murder or attempted parricide , when the firearm is discharged
at or against another person with intent to kill the latter, but without hitting the offended party or without
inflicting a mortal wound on him.

2. When is the killing of a child below seven years of age (1) murder, (2) parricide, or (3) infanticide?

 The killing of a child less than seven years of age is murder when the relation of the offender with the child
is not one of those mentioned in the definition of the crime of parricide and the child is at least three (3) days
old.
 It is parricide when the victim is the child, whether legitimate or illegitimate or the legitimate other
descendant of the offender and the age of the child is at least three (3) days old.
 It is infanticide when the child killed is less than three (3) days old, regardless of whether or not the
offender is related to the child.

3. Distinctions of Reclusion Perpetua from Life Imprisonment

 The penalty of life imprisonment is applicable to special laws, reclusion perpetua is applicable to felonies
punished under the Revised Penal Code.
 Reclusion perpetua entails imprisonment for at least thirty (30) years after which convict becomes eligible
for pardon; Life imprisonment has no definite extent or duration.
 Reclusion perpetua carries with it accessory penalties while life imprisonment does not carry with it any
accessory penalty.

4. Distinguish Syndicated Crime Group from a Conspiracy of Two or More Persons.

 In syndicated crime group, an offense is committed by a group actually organized for gain purposes. Such
is not necessary in the latter.
 A syndicate crime group is an organized group. Such oganization is not required in mere conspiracy.
 In syndicate, there is a group that is actually organized for crime purposes. When two or more persons just
agree to commit a crime, there is conspiracy.

5. Distinguish Piracy from Mutiny

 In piracy, the persons who attack a vessel or seize its cargo are strangers to said vessel. In mutiny, they
are members of the crew or passengers.
 Gain is essential in piracy. In mutiny, the offenders may only intend to ignore the ship’s officers or to
commit plunder.

6. Distinguish Cuadrilla from Syndicate

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  Syndicate involves two or more persons not necessarily armed. Cuadrilla refers to at least four (4) armed
persons.
 Cuadrilla generally applies to all crimes. Syndicate applies to crimes committed for purposes of gain.

7. Distinction between general intent and specific intent.

In felonies committed by dolus, the third element of voluntariness is a general intent; whereas, in
some particular felonies proof of particular or specific intent is required. Thus in certain crimes against property,
there must be the intent to gain (Art. 293, Robbery, Art 308, Theft). Intent to kill is essential in frustrated or
attempted homicide (Art. 249). In forcible abduction (Art 342), the specific intent of lewd designs must be
proved.

8. Intent to commit the crime and intent to perpetrate the act, distinguished.

A person may not have consciously intended to commit a crime; but he did intend to commit an act,
and that act is, by the very nature of things the crime itself.
In the first (intent to commit the crime), there must be criminal intent; in the second (intent to
perpetrate the act), it is enough that the prohibited act is done freely and consciously.

9. Mala in se and mala prohibita, distinguished.

There is a distinction between crimes which are mala in se , or wrongful from their nature, such as
theft, rape, homicide, etc., and those that are mala prohibita , or wrong merely because prohibited by statute,
such as illegal possession of firearm.

Crimes mala in se are those so serious in their effects to society as to call for the almost unanimous
condemnation of its members; while crimes mala prohibita are violations of mere rules of convenience designed
to secure a more orderly regulation of the affairs of society.

(1) In acts mala in se , the intent governs; but in those mala prohibita , the only inquiry is, has the law been
violated?
Criminal intent is not necessary where the act is prohibited for reasons of public policy, as in illegal
possession of firearm.
(2) The term mala in se refers generally to felonies defined and penalized by the RPC. The term mala prohibita
refers generally to acts made criminal by special laws.

10. Intent distinguished from motive.

Motive is the moving power which impels one to action for a definite result. Intent is the purpose to use a
particular means to effect such result.

11. Distinguish conspiracy as a felony from conspiracy as a manner of incurring criminal liability.

In both, two or more persons come to an agreement concerning the commission of a felony and decide to
commit it. Hence, the definition of conspiracy in Art 8 applies to both.

When the conspiracy relates to crimes other than treason, rebellion or sedition, it is not a felony but only a
manner of incurring criminal liability. When the felony is committed after the conspiracy, the act of one offender
is the act of all the other offenders.

Even if the conspiracy relates to the crime of treason, rebellion or sedition, if the latter is actually committed, the
conspiracy is not a separate offense, but only a manner of incurring criminal liability in treason, rebellion or
sedition. The offenders are liable for treason, rebellion or sedition as the case may be, and the conspiracy is
absorbed.

(12) Imbecility distinguished from insanity.

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 While the imbecile is exempted in all cases from criminal liability, the insane is not so exempted if it can be
shown that he acted during a lucid interval.

(13) Entrapment and instigation, distinguished .

There is a wide difference between entrapment and instigation, fir while in the latter case the instigator
practically induces the would-be accused into the commission of the offense and himself becomes a co-
principal, in entrapment ways and means are resorted to for the purpose of trapping and capturing the law-
breakers in the execution of his criminal plan. Entrapment is no bar to the prosecution and conviction of the
lawbreaker. But when there is instigation, the accused must be acquitted.

(14) Ordinary mitigating and privileged mitigating circumstances, distinguished.

1) An ordinary mitigating circumstance is susceptible of being offset by any aggravating circumstance; while
a privileged mitigating circumstance cannot be offset by aggravating circumstance.

2) Ordinary mitigating, if not offset by an aggravating circumstance, produces only the effect of applying the
penalty provided by law in its minimum period; whereas, privileged mitigating produces the effect of
imposing upon the offender the penalty lower by one or two degrees that that provided by law.

(15) Qualifying aggravating circumstance distinguished from generic aggravating circumstance.

1) The effect of a generic aggravating circumstance, not offset by any mitigating circumstance, is to increase
the penalty which should be imposed upon the accused to the maximum period, but without exceeding the
limit prescribed by law; while that of a qualifying circumstance is not only to give the crime its proper and
exclusive name but also to place the author thereof in such a situation as to deserve no other penalty than
that specifically prescribed by law for said crime.
2) A qualifying aggravating circumstance cannot be offset by a mitigating circumstance; a generic
aggravating circumstance may be compensated by a mitigating circumstance.
3) A qualifying aggravating circumstance to be appreciated must be allege in the information If it is not
alleged, it becomes a generic aggravating circumstance only.

(16) With the aid of armed men distinguished from by a band.

By a band requires that at least four armed malefactors shall have acted together in the commission of an
offense. Aid of armed men is present even if the principal offender merely relied on their aid, for actual aid not
necessary.

(17) Recidivism and reiteracion, distinguished.

The circumstance of reiteracion may be distinguished from recidivism in the following ways:
(a) In reiteracion, it is necessary that the offender shall have served his sentence; whereas, in recidivism
it is enough that a final judgement has been rendered.
(b) In reiteracion, the previous and subsequent offenses must not be defined in the sae title of the RPC;
whereas, recidivism requires that the offenses be included in the sae title of the Code.
(c) Reiteracion is not always an aggravating circumstance; whereas, recidivism is always o be taken into
consideration in fixing the penalty to be imposed upon the accused.

(18) Amnesty and pardon, distinguished.

1) Pardon includes any crime and is exercise individually by the President; amnesty is a blanket pardon
granted o classes of persons or communities who may be guilty of political offenses.
2) Pardon is exercised when the person is already convicted; amnesty may be exercised even before trial or
investigation is had.

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 3) Pardon looks forward and relieves the offender from the consequences of an offense of which he has been
convicted, that is, it abolishes or forgives the punishment, and for that reason it does not work the
restoration of the rights o hold public office or the right of suffrage, unless such rights be expressly restored
by the terms of the pardon. On the other hand, amnesty looks backward and abolishes and puts oblivion
the offense itself; it so overlooks and obliterates the offense with which he is charged that the person
released by amnesty stands before the law precisely as though he had committed no offense.
4) Both do not extinguish the civil liability of the offender.
5) Pardon, being a private act of the President, must be pleaded and proved by the person pardoned; while
amnesty being by Proclamation of the Chief executive with the concurrence of Congress is a public act of
which he courts should take judicial notice.

(19) Conditional pardon distinguished from parole.

1) Conditional pardon, which may be given at any time after final judgement is granted by the Chief Executive
under the provisions of the Administrative Code; parole, which may be given after the prisoner has served
the minimum penalty, is granted by the Board of Pardons and Parole under the provision of the
Indeterminate Sentence Law.

2) For violation of the conditional pardon, the convict may be ordered rearrested or reincarcerated by the
chief executive, or may be prosecuted under he RPC; for violation of the terms of the parole, the convict
cannot be prosecuted under the RPC. He can be rearrested and incarcerated to serve the unserved
portion of his original penalty.

(20) Illegal association, distinguished from illegal assembly.

(1) In illegal assembly, it is necessary that there is an actual meeting or assembly of armed persons for the
purpose of committing any o the rimes punishable under the PRC, or of individuals who, although not
armed, are incited to the commission of treason, rebellion, sedition, or assault upon a person in authority or
his agent.
Such requisite is not necessary in the crime of illegal association.
(2) In illegal assembly, it is the meeting and attendance at such meeting that are punished.
In illegal associations, it is ha act of forming or organising and membership of the association that are
punished.
(3) If the purpose of the meeting is to commit crimes punishable by special laws, such meeting is not an illegal
assembly.
In illegal association, the purpose may include the commission of crimes punishable by special laws,
because when the purpose of the organization is contrary to public morals the acts which are contrary to
public morals may constitute crimes punishable under the special laws.

(21) Prevaricacion, distinguished from bribery.

The third form of direct bribery is committed by refraining from doing something which pertains to the official
duty of the officer. Prevaricacion is committed in the same way.
In this regard, the two felonies are similar.
But they differ in that in bribery the offender refrained from doing his official duty in consideration of a gift
received or promised. This element is not necessary in the rime of prevaricacion.

(22) Direct bribery, distinguished from indirect bribery.

1) In both, the public officer receives gift.

2) While in direct bribery there is an agreement between the public officer and the giver of the gift or present,
in indirect bribery usually no such agreement exists.
3) In direct bribery, the offender agrees to perform or performs an act or refrains from doing something,
because of the gift or promise; in indirect bribery, it is not necessary that the officer should do any particular
act or even promise to do an act, as it is enough that e accepts gifts by reason of his office.

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 (23) Brigandage, distinguished from robbery in band.

Both brigandage and robbery in band require that the offenders form a band of robbers.

In brigandage, the purpose of the offenders is any of the following:

(1) to commit robbery in the highway, or

(2) to kidnap persons for the purpose of extortion or to obtain ransom, or
(3) for any other purpose to be attained by means of force and violence; in robbery in band, the purpose of the
offenders is only to commit a particular robbery not necessarily in the highway.

If the agreement among more than three (3) armed men was to commit only a particular robbery, the offense is
not brigandage, but only robbery in band.

In brigandage, the mere formation of a band for any of the purposes mentioned in the law is sufficient as it would
not be necessary to show that the band actually committed robbery in the highway, etc.; in robbery in band, it is
necessary to prove that the band actually committed robbery, as a mere conspiracy to commit robbery is not
punishable

(24) Imprudence distinguished from negligence.

Imprudence indicates a deficiency of action, negligence indicates a deficiency of perception.

Hence, failure in precaution is termed imprudence. Failure in advertence is known as negligence.

The wrongful acts may be avoided on two levels:

(1) by paying proper attention and using due diligence in foreseeing them, and
(2) by taking the necessary precaution once they are foreseen.

Failure to do the first is negligence. Failure o do the second is imprudence.

(25) Forcible abduction with rape, distinguished from kidnapping.

A, B, C and others grabbed a girl, 16 years of age and then dragged her to a nearby forest. There she was
brutally ravished, first by A and afterwards by B. Are they guilty of kidnapping with rape?

Held: The crime is not kidnapping with rape, but forcible abduction with rape. When the violent taking of a woman is
motivated by lewd designs, forcible abduction is the offense. When it is not so motivated, such taking constitutes
kidnapping. Forcible abduction is against chastity; kidnapping is against personal liberty.

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CASES

1. A entered the house of B through the window and once inside took money and jewelry belonging to B after
intimidating him with a pistol. What kind of robbery was committed by A? Why?

Answer: A committed a complex crime of Robbery with Force Upon Things with Robbery with Intimidation . This is in
accordance with the ruling laid down by the Supreme Court in the case of Napoles versus Court of Appeals.

2. A broke the wooden gate of the stone wall around the premises of B and once inside took from the yard of B
building materials, which were lying there. What crime was committed by A? Explain with reasons.

Answer: Theft, because although he broke open the gate, he did not enter the house with force upon things.
He entered the yard only.

3. A removed the radio of B from the car of the latter and began to leave the place. On the way, B met A and,
having recognized the radio, B asked A where he had gotten it; but A drew out and opened his knife and
threatened to kill B. What crime or crimes were committed by A? Explain your answer.

Answer: A committed two distinct and separate crimes of Theft and Grave Threats . To constitute robbery with
violence against or intimidation of persons, the taking of personal property belonging to another with intent to
gain must be accomplished because of violence or intimidation. In this case, the taking of the radio was
complete and, hence, the crime of theft was already consummated when the offended party was intimidated.
The threat to kill B made by A is not a constitutive element of robbery because the violence or intimidation must
be employed before the taking of personal property belonging to another is complete.

4. A pointed his knife at B and demanded for his money, and B pulled his wallet from his pocket and handed it to A
who took hold of it, but a policemen suddenly appeared, collared A, and placed him under arrest. What crime did
A commit? Explain your answer.

Answer: The crime committed by A is consummated robbery with intimidation .

5. While a woman was walking along Session Road, a man following her suddenly snatched her handbag and ran
away with it. What crime was committed by that man? Explain your answer.

Answer: The man committed the crime of theft, not robbery with violence against persons, because mere snatching
of personal property from the hand of the offended party, although violence is used, it is not used on the person
of the offended party, but on the thing taken. It is a rule that to constitute robbery with violence against persons,
the violence must be on the person of the offended party, not upon the thing taken.

6. While A was looking for his lost pig, he happened to pass by the house of B and saw under the latter’s house a
pig. A told B that that was his lost pig, but B said that that pig belonged to him. A unsheathed his bolo and
threatened B with bodily harm, unless the latter would give to him the pig. Afraid that he might be injured, B gave
the pig to A. A was prosecuted for robbery with intimidation. During the trial it was established by the prosecution
that the pig really belonged to B and that it was not the lost pig of A. If you were the judge, would you convict or
acquit A? In case you decide to convict him, of what crime will you find him guilty?

Answer: Since A believed in good faith that the pig was his, even if his claim later on appeared to be untenable, there
being no intent to gain on his part, he should be found guilty of grave coercion and not robbery with intimidation.
One of the elements of robbery is that the offender took the personal property belonging to another with intent to
gain.

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 7. What crime is committed by several persons, who, by means of intimidation used against the owner of a small
house, succeeded in removing that small house from the lot of the owner and carried said house to the lot of one
of the offenders? Explain your answer.

Answer: The crime is robbery with intimidation . Although a house may be considered as real property when attached
to the ground, the moment it is removed from the ground and carried away it ceases to be a real property and
becomes personal property. One of the elements of robbery is that the property taken is personal property
belonging to another.

8. A help-up B at the point of a revolver and succeeded in taking the watch from B. When he reached home, A
found that the watch he had taken from B was his own property which he had lost a week before. What crime
was committed by A?

Answer: A committed grave coercion , because he compelled B to do something against his will by means of
intimidation. While it is true that A had intent to gain and that ordinarily in coercion the offender should not act
with intent to gain, the crime committed by A is not robbery with intimidation, because one of the elements of
robbery is that the personal property must belong to another. Since the property belonged to him, A cannot be
guilty of robbery, as no one can be held liable for robbery of his own property. This is not an impossible crime
where the act performed would have been an offense against persons or property, because when the act
performed also constitutes a violation of another provision of the RPC, impossible crime cannot exist.
It is submitted that A is not liable for grave threats, because the intimidation produced immediate effect.

9. A passer-by noticed three persons inside the house of another taking personal property. The passer-by asked
them why they were there. One of them shot and killed him. What crime was committed? Why?

Answer: The crime committed is robbery with homicide, because the homicide was committed by reason of the
robbery, that is, to do away with a witness.

10. Would it be robbery with homicide if a robber killed his companion, another robber, on the occasion or by reason
of the robbery? Why?

Answer: Yes, because in robbery with homicide, it is only the result, without reference or distinction as to the
persons intervening in the commission of the crime that must be taken into consideration.

…oΩo…

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 CRIMINAL LAW
(REVISED PENAL CODE- BOOK 2)

TREASON

Any person who, owing allegiance to (the Philippine), not being a foreigner, levies war against them or adheres
to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion
temporal to death and shall pay a fine not to exceed P20, 000.

No person shall be convicted of treason unless on the testimony of 2 witnesses at least to the same overt acts or
on confession of the accused in open court.

Likewise, an alien, residing in the Philippines Islands, who commits acts of treason as defined in par. 1 of this
article shall be punished by prision mayor to death and shall pay a fine not to exceed P20, 000.

Elements:

1. The offender owes allegiance to the Government of the Philippines;

2. There is a war in which the Philippines is involved;
3. The offender either:
a. Levies war against the Government; or
b. Adheres to the enemies, giving them aid or comfort.

TREASON is a breach of allegiance, which is the obligation of fidelity and obedience one owes to the government or
sovereign under which he lives, in return for the protection he receives.

PERSONS LIABLE FOR TREASON

1. Filipino citizens – owe permanent allegiance to the government.

2. Resident aliens – owe temporary allegiance to government.

TWO MODES OF COMMITTING TREASON

1. BY LEVYING WAR – actual assemblage of persons for the purpose of executing a treasonable design.
2. BY ADHERING TO THE ENEMY, GIVING HIM AID AND COMFORT

ADHERENCE TO THE ENEMY – a citizen intellectuality or emotionally favors the enemy and harbors sympathies or
convictions disloyal to his country’s policy or interest.

AID OR COMFORT – an act which strengthens or tends to strengthen the enemy of the government in the conduct of
war against the government or of the country to resist or to attack the enemies of the government or of the country.

When the alleged treasonous acts consist only of giving aid and comfort, the law requires that it must be coupled
with adherence. In other words, the mere giving of aid and comfort WITHOUT ADHERENCE is not treason.
On the other hand, if the manner of committing treason by engaging the forces of the government in combat,
there is no need to show that the offenders are doing so out of adherence to the enemy. If the aid or support given to the
enemy is one which does not strengthen the enemy in the conduct of war, there must be an independents evidence of
adherence, otherwise, the accused is entitled to acquittal.
Basically, the mental condition cannot bring about the offense not until the offender has started committing an
overt act.

EVIDENCE NEEDED FOR CONVICTION IN TREASON

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 1. Testimony of at least 2 witnesses to the same overt act;
2. Confession of guilt by the accused in open court.

WHAT IS THE SO-CALLED TWO-WITNESS RULE?

Under Art.114 of the RPC, no person shall be convicted of treason except upon the testimony of at least 2
witnesses by the same overt act or upon his confession in open court. The 2-witness rule refers to that portion of the
provision which requires testimonies of 2 witnesses at least on the same overt act.

Example:

Supposing during the 2 nd World War, A had cooperated with Japanese solders and A was seen by it in the
company of such soldiers burning a certain barrio. A is again seen by C in the company of the same Japanese soldiers
burning again another barrio. Under these set of facts, if B and C would testify of what they have respectively witnessed,
may A be convicted of treason?

Answer:

No, it is not only the number of witnesses or the substance but at least 2 witnesses should testify on the same
overt act, commission of the same treaso0nous act at the same place and at almost the same time. It is not enough that
there be witnesses. It is necessary that the 2 witnesses have testified to the same overt act. “OVERT ACT” – we mean
acts committed in different places at times far remote from each other, you will need 2 witnesses to each of those places
before a conviction may be done.

So, even if there several witnesses testifying on the treasonous acts, one witness to 2 treasonous act and the
other to another treasonous acts, if the acts testified to are not committed in the same place and at the same time, the 2-
witnesses rule is not complied with. The accused himself is entitled to freedom.

EXCEPTION: When the accused himself pleads guilty to the accusation of treason.

NOTE: The confession of guilt mentioned in this rule is not a confession of guilt in the ordinary sense of the
word.

The confession referred to here is a plea of guilty in open court.

So, if a person accused of treason has previously executed a confession before the interrogating officer, but
upon being arraigned in court, the pleaded not guilty, he cannot be convicted simply because he had that confession.

But the confession is admissible in evidence. Only, it is not sufficient as a basis for conviction. Extra judicial
confessions are admissible but they are not enough to sustain conviction.

TREASON DISTINGUISHED FROM SEDITION:

TREASON: Violation by a subject of his allegiance to his sovereign or the supreme authority of the state.
SEDITION: The raising of commotion or disturbances in the state.

TREASON DISTINGUISHED FROM REBELLION

1. An act of levying war to help the enemy is treason otherwise it would be rebellion.
2. In treason, the purpose is to deliver the government to the enemy or to pave the way for the coming of the
enemy while in rebellion, the purpose is to substitute the government with their own.

IMPORTANT POINTS TO REMEMBER REGARDING TREASON:

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 1. Treason is committed only in time of war. It cannot be committed in time of peace. Treasonable acts may
be actually during peace time, but there are no traitors until war has started. [LAUREL VS. MISA, 77 PHIL 856]
2. No matter how many acts of treason are committed by the offender, he will be liable for one crime of
treason only.
3. There is no complex crime of treason with murder. Murder is an integral element of the crime of treason
which correspond to the giving of aid and comfort to the enemy. The offender will be liable for treason only.
4. In the imposition of the penalty the course may disregard the attending mitigating and aggravating
circumstances. It may consider only the number, nature and gravity of the treasonous acts proven. The imposition of the
penalty, although indivisible, may rest largely on the exercise of judicial discretion.
5. Treachery, abuse of superior strength and evident premeditation are inherent in treason if there are
killings.

CONSPIRACY AN PROPOSAL TO COMMIT TREASON

Elements of Conspiracy to Commit Treason:

1. There is a war in which the Philippines is involved;

2. Two or more persons come to an agreement to levy war against the government or to adhere to the
enemies and to give them aid or comfort.
3. They decide to commit it.

Elements of Proposal to Commit Treason:

1. There is war in which the Philippines is involved;

2. The accused has decided to levy war against the Government or to adhere to the enemies giving them aid
or comfort.
3. He proposes its execution to some other person of persons.

NOTE: If actual acts of treason are committed after the conspiracy or after the proposal is accepted, the crime
committed will be treason. The conspiracy or proposal is considered as a means in the commission thereof.

IMPORTANT: The co-conspirators or those persons involved in the proposal will be criminality liable to that extent
only as long as none among them has committed treasonous acts.

If anyone of the conspirators or person participating in the proposal have already done treasonous act even though
unknown to the others, the crime of all of them will be treason and not merely conspiracy or proposal.

NOTE: Bear in mind that in conspiracy, there must be an agreement with concurrence of decision; a mere
agreement without decision is not conspiracy. So also, a mere proposal without acceptance, it is not criminal
proposal.

There must always be the CONCURRENCE of these 2 elements. One without the other is not punishable, even
if it refers to treason.

MISPRISION OF TREASON

Elements:
1. Offender must owe allegiance to the Government of the Philippines;
2. Offender is not a foreigner;
3. He has knowledge of a conspiracy to commit treason against the said government;
4. He conceals or fails to disclose the same to the authorities of the province or city in which he resides.

For this crime to be committed, first of all, there must be a conspiracy to commit treason. Misprision of treason
arises when a person who knew of such conspiracy does not report the same as soon as possible.

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 Even though the offender has reported the conspiracy to the government, if by the time the report was made, the
conspirators were already able to commit overt acts of treason, then the party knowing the conspiracy is nevertheless
liable for misprision of treason because the report was not made as soon as possible.

Misprision of treason is a felony by omission. The offender has knowledge of conspiracy to commit treason but
he failed to report it to the authorities AS SOON AS POSSIBLE.

NOTE: It is not enough that the report be made. What is required is that it must be reported as soon as possible,
because if the report is delayed, this might ripen to an act of treason.

The idea here is to make it obligatory on the part of all citizens of the Philippines to report it to the government as
soon as possible any conspiracy to commit treason and that is known to them so that the government may quell the
treason before it can ripen.

Where the conspiracy has already ripened to an act of treason, the obligation to report does not exist anymore
because that means that the government knew that there is treason going on.

NOTE: The obligation to report does not cover aliens even if they are permanent resident of the Philippines.
This crime can only be committed by citizens of the Philippines, unlike treason, which may be committed by aliens as long
as they are permanent resident of the Philippines.

ESPIONAGE

There are 2 modes of committing espionage under the RPC.

Elements of the first mode:
1. Offender, without any authority enters a warship, naval or military establishment or reservation, and
2. He obtains information, plans, photographs or other data of a confidential nature relative to the defense of
the Philippines.

NOTE: The purpose of the offender in entering must be to get hold of such materials.

If that is not the purpose, the crime committed is trespass to government property. Mere entering here will bring
about a consummated espionage as long as the criminal intent of the offender is to get hold of those materials which are
vital to the defense of the Philippines.

Elements of the second mode:

1. Offender is a public officer;
2. He has in his possession articles, data or information referred to in the first mode of committing this crime;
and
3. He discloses their contents to a representative of a foreign nation.

NOTE: Where the offender is not a custodian, the crime committed is infidelity in the custody of public records,
and it has nothing to do with national defense of the Philippines, the offender becomes liable only for infidelity in the
custody of public records.

ESPIONAGE DISTINGUISHED FROM TREASON

ESPIONAGE TREASON
- there is no need of war going on; - there must be war
- committed in more than 2 ways; - committed in 2 ways only;
- generally committed by an alien. - may be committed by citizens
or resident aliens.

INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

Elements:
1. Offender commits unlawful or unauthorized acts;

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 2. Said acts provide or give occasion for war involving or liable to involve the Philippines or expose Filipino
citizens to reprisals on their persons or property.

This is committed by any public officer or employee who, by unlawful or unauthorized acts provoke or gives
occasion for a war or liable to involve the Philippines or exposes Filipino citizens to reprisals on their persons or property.
There is no need of war going on. This may be committed in time of war or time of peace.

VIOLATION OF NEUTRALITY

Elements:
1. There is war in which the Philippines is not involved;
2. Competent authorities have issued regulations to enforce neutrality; and
3. The offender violates any of said regulations.

There must be a war going on, but the Philippines is not a partly to the war. It cannot be committed as a crime if
the government has not promulgated rules and regulations for the observance of neutrality. It is the violation of such rules
that brings about the crime of violation of neutrality.

CORRESPONDENCE WITH HOSTILE COUNTRY

Elements:
1. There is war in which the Philippines is involved;
2. The offender shall have correspondence with an enemy country or territory occupied by enemy troops; and
3. Said correspondence is:

a) prohibited by the government;

b) the offender shall have correspondence with an enemy country or territory occupied by enemy
troops;
c) notice or information to be given thereby which might be useful to the enemy or intended by the
offender to aid the enemy.

This presupposes that, there is a war going on and the Philippines is a party to that war. Under this article, the
mere sending or carrying on of correspondence from one who is in the enemy country or who is in the territory occupied by
enemy troops is a crime under the circumstances specified in the article.
The implication is that when a person writers to another in any enemy country and he makes use of ciphers and
conventional signs he is hiding something and that is maybe one which is vital to the defense of the Philippines, so the
mere sending of that under those conditions makes it a crime.

FLIGHT TO ENEMY COUNTRY

Elements:
1. Existence of war in which the Philippines is involved;
2. Offender owes allegiance to the Philippines; and
3. He attempts to flee to the enemy country, which is prohibited by the government.

This crime can be committed only in times of war where the Philippines is a party. Mere attempt to flee to the
side of the enemy will already consummate this crime.
The law presupposes that in time of war, a person in the Philippines would try to go to the enemy line, that
person must have something for the enemy to the prejudice of the Philippines and its forces.

ATTEMPT TO FLEE TO ENEMY COUNTRY --- This is committed when a citizen of the Philippines or one
owing allegiance to the Philippine government shall attempt to go to an enemy country.

PIRACY

Piracy is committed by any person who, on the high seas shall attack or seize a vessel or, not being a member of
its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal

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belongings of its complement or passengers.
Piracy is robbery or forcible depredation on the high seas without lawful authority and done with animo furandi
and in the spirit and intention of universal hostility.
Piracy is regarded not as a crime of any particular country but a crime against the whole world so that whenever
the offenders may go to one country they can be prosecuted there.
REASON: The law they violated is not the law of a particular country but the law of the family of nations.

3 KINDS OF PIRACY
1. Piracy in the high seas punished in the RPC;
2. Piracy in the Philippine waters punished in PD 532; and
3. Air piracy punished in RA 6235.

PIRACY IN THE HIGH SEAS UNDER THE REVISED PLENAL CODE

1. By attacking or seizing a vessel on the high seas;
2. By seizing the whole or part of the cargo or equipment of the vessel while on the high seas or the personal
belongings of its complement or passengers, the offenders not being of the complement or passengers.

OFFENDERS OF PIRACY IN THE HIGH SEAS (RPC)

- Strangers to the vessel
- They are not passengers or members of the crew.
For the purposes of determining whether one is a stranger to the vessel or not – you only have to determine
whether one is lawfully admitted to the vessel. If he is lawfully admitted to the vessel, other than a complement thereof,
then he is a passenger. But if he boards the vessel without being lawfully admitted thereto, then he is a strange and
therefore liable for piracy.
“HIGH SEAS” refer to the body of water outside of the territorial waters of the Philippines, even if such is within
the territorial waters of a foreign country.
- Refers to that body of water beyond the three-mile limit of our jurisdiction. At this point therefore, it can be
easily understood that piracy under the RPC begins where piracy under PD 532 ends.

ROBBERY ON THE HIGH SEAS

- Offender is a member of the complement or a passenger of the vessel and there is violence against or
intimidation of persons or force upon things in taking the property in the vessel.

PIRACY – the offender is an outsider.

NOTE: In both robbery on the high seas and piracy, there is

1. Intent to gain; and

2. Manner of committing the crime is the same.

MUTINY

MUTINY ON THE HIGH SEAS is the unlawful resistance to a superior officer or the raising of commosions and
disturbances on board a ship against the authority of its commander. It may be committed by members of the crew
and passengers of the vessel.

NOTE: Mutiny must be committed on the high seas. When committed on board a vessel within the waters of the
Philippine, the killing is punished as murder.
PIRACY DISTINGUISHED FROM MUTINY:

PIRACY MUTINY
- the persons who attack or seize - they are members of the crew passengers;
the vessel on the high seas are crew passengers; strangers to said vessel;
- there is an intent to gain - there is usually no intent to gain as the
offenders may only intend to ignore the strip’s officers or to commit
plunder.

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PIRACY IN THE PHILIPPINE WATERS (P.D. 532)

If any of the acts described in Art. 122 and 123 is committed in Philippine waters, the same shall be considered
as piracy under PD 532.

Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment,
or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence
against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the
complement of said vessel in Philippine waters, shall be considered as piracy.

In this kind of piracy, the offender may be any person. He may be a stranger to the vessel, a passenger or
member of the crew of the vessel.

2 WAYS OF COMMITTING PIRACY IN PHILIPPINE WATERS

(1) By seizing or attacking a vessel while in the Philippine waters with intent to gain by means of violence or
intimidation;
(2) By taking away the belongings of a member of a crew or passenger.

Example:

If in the course of the voyage of an inter-island vessel, a passenger at the point of a knife divested another
passenger of his valuables, the former will be liable for piracy in Philippine waters, not for robbery.

Q: What will be the crime committed is on the occasion of piracy in Philippine waters, only a person was killed
by the by the pirates?

- Crime will be piracy in Philippine waters only.

“PHILIPPINE WATERS” refers to all bodies of water around, between and connecting each of the islands of the
Philippine Archipelago, irrespective of its breadth, depth, length, dimension, and all other waters belonging to the
Philippines by historic or legal title, including territorial sea, sea-bed, insular shelves, and other submarine areas over
which the Philippines has sovereignty or jurisdiction.

“VESSEL” - any vessel or watercraft for transport of passengers and cargo from one place to another through
Philippine waters. Includes all kinds and types of vessels or boats used in fishing.

ANY PERSON WHO AIDS OR PROTECTS PIRATES OR ABETS THE COMMISSION OF PIRACY SHALL BE
CONSIDERED AS AN ACCOMPLLICE.

Example:

1. Giving pirates information about the movement of police or other peace officers of the government;
2. Acquires or receives property taken by such pirates or in any manner derives any benefit therefrom;
3. Directly of indirectly abets the commission of piracy.

Under the decree, when these acts are committed the crime is ABETTING PIRACY. These persons who
participate by any of the acts mentioned above will be charged not for the crime of piracy but for a crime of abetting piracy
under PD 532.

On the other hand, if the piracy falls under the RPC because it was committed in the high seas, persons who
participated in the loot of the piracy or who harbor or conceal or help the pirates escape will be accessories to the crime of
piracy. The crime committed by them is not abetting piracy but piracy itself.

So, under PD 532, the offender is a principal to the crime of abetting piracy although the nature of the act of
participation is that of an accessory only and the penalty imposed under the same decree is only that of an accomplice.

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PRESUMPTION: – any person who does any of the acts provided in this section has performed them KNOWINGLY,
unless the contrary is proven.

DISTINCTIONS BETWEEN PIRACY UNDER PD 532 AND RPC

1. Under the PRC, piracy can only be committed in the high seas – meaning to say beyond the three mile limit
of our territorial waters, whereas under the decree piracy can only be committed within Philippine waters.
2. Under the RPC, piracy is committed by attacking or seizing the vessel or of any of the cargo of personal
belongings of the passengers or complements of the vessel.

NOTE: An attack or seizure of the vessel presupposes the employment of force but it may be such degree of
force that does not amount to robbery.

Under the decree, piracy is committed not only be an attack or seizure of the vessel or cargo or personal
belongings of the passengers or members of its complement thru the use of violence and intimidation.

3. Piracy under RPC is committed by attacking or seizing a vessel, or by seizing the whole or part of its cargo,
its equipment or personal belongings of its complement or passengers, while such modes under PD 532 are
accomplished by means of violence against or intimidation of persons or force upon things.

NOTE: Under the RPC, use of force upon things does not bring about piracy unless it is an attack or seizure of
the vessel or of the passenger and their belongings or of the complement of the vessel.

To make the difference between piracy under the RPC and piracy under the decree easier to understand, take
note of the following:

NOTE: The essence of piracy under the decree is not alone the seizure or attack of the vessel but robbery
committed on board a vessel while this is in Philippine waters.

The crime of robbery under title x is different from the crime of theft although both crimes involve the taking of
property. So, if the taking of the cargo of personal belongings of the passengers or complements of the vessel amounts
only to theft, PO 532 will not apply. Without the use of violence or intimidation of persons or without the use of force upon
things as this is understood under Art. 299 of the RPC, the decree will not apply unless there is a seizure of the vessel or
an attack upon the vessel.

Therefore, the taking must be with violence and intimidation or with the use of force upon things. If these are
absent on the taking, the crime is only theft.

R.A. 6235

ACT TO PROHIBIT CERTAIN ACTS INIMICAL TO CIVIL AVIATION

Although RA 6235 is commonly referred to as the hijacking law, strictly the acts punished if this law are not
purely of hijacking.
When we say hijacking, we generally associate the idea with that of compelling the plane to land in the place
other than its scheduled destination. This, however, is not the only meaning of hijacking.
Hijacking generally refers to the taking of goods in transit through force.

TWO KINDS OF AIRCRAFT MAY BE INVOLVED HERE:

1. Domestic
2. International

PROHIBITED ACTS:

IF AIRCRAFT IS OF PHILIPPINE REGISTRY

(1.) To compel a change in the course or destination of an aircraft of Philippine registry, while in flight; or

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 (2.) To seize or usurp the control thereof, while it is in-flight.
(3.) To compel an aircraft of foreign registry to land in Philippine territory; or
(4.) To seize or usurp the control thereof while it is within Philippine territory.

AIRCRAFT IS IN FLIGHT

An aircraft is “IN FLIGHT” from the moment all its external doors are closed following embarkation until any
of such doors are opened for disembarkation.

Under the law, air piracy regarding an international plane is committed if the offender compelled the plane
to fly in Philippine territory, seized or usurped it. If the seizure or usurpation of an international plane, what is essential is
that the plane must be in Philippine territory.

NOTE: PROHIBITION IS ABSOLUTE

a. IF OFFENDER IS A JURIDICAL PERSON – the penalty shall be imposed upon the manager,
representative, director, agent or employee who violated, or caused, directed, cooperated or participated in the violation
thereof;
b. IF VIOLATION IS COMMITTED IN THE INTEREST OF A FOREIGN CORPORATION LEGALLY DOING
BUSINESS IN THE PHILIPPINES – penalty shall be imposed upon its resident agent, manager, representative or director
responsible for such violation and in addition thereto, the license of said corporation to do business in the Philippines shall
be revoked.

(1.) Section 4 --- The shipping, loading or carrying of any substance or material in any cargo aircraft
operating as a public utility within the Philippines shall, be not in accordance with the regulations issued by the Civil
Aeronautics Adm.

NOTE: PROHIBITION IS NOT ABSOLUTE

For any death or injury to persons or damage to property resulting from a violation of Sects. 3 and 4, the person
responsible therefore may be held liable in accordance with the applicable provision of the RPC.
- Injury / damage --- not absorbed in that crime.
- Offender may be prosecuted under the RPC as well.

NOTE: Aircraft companies which operate as public utilities or operators of aircraft which are or hire are
authorized to open and investigate suspicious packages and cargoes in the presence of the owner or shipper, or his
authorized representatives, if present.

PURPOSE: to help the authorities in the enforcement of the provisions of this Act.

If the owner, shipper or his representative refuses to have the same opened and inspected, the airline or air-
carrier is authorized to refuse the loading thereof.

QUALIFIED PIRACY

Piracy is qualified if any of the following circumstances is present, to wit:

1. Whenever the offenders have seized the vessel by boarding or firing upon the same; or
2. Whenever the pirates have abandoned their victims without means of saving themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

KIDNAPPING AND SERIOUS ILLEGAL DETENTION

Elements:

1. Offender is a private individual

2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty

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 3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following circumstances are present (becomes serious)
a. that the kidnapping/detention lasts for more than 3 days
b. that it is committed simulating public authority
c. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are
made, or
d. that the person kidnapped or detained is a minor (except if parent is the offender), female or a public officer

Note: When death penalty is imposed:

a. If kidnapping is committed for the purpose of extorting ransom either from the victim or from any other person
even if none of the aforementioned are present in the commission of the offense (even if none of the
circumstances are present)
b. When the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or
dehumanizing acts

Illustration:

If a private person commits the crime of kidnapping or serious illegal detention, even though a public officer
conspires therein, the crime cannot be arbitrary detention. As far as that public officer is concerned, the crime is also illegal
detention.

In the actual essence of the crime, when one says kidnapping, this connotes the idea of transporting the
offended party from one place to another. When you think illegal detention, it connotes the idea that one is restrained of
his liberty without necessarily transporting him from one place to another.

The crime of kidnapping is committed if the purpose of the offender is to extort ransom either from the victim or
from any other person. But if a person is transported not for ransom, the crime can be illegal detention. Usually, the
offended party is brought to a place other than his own, to detain him there.

When one thinks of kidnapping, it is not only that of transporting one person from one place to another. One
also has to think of the criminal intent.

Forcible abduction -- If a woman is transported from one place to another by virtue of restraining her of her liberty, and that
act is coupled with lewd designs.

Serious illegal detention – If a woman is transported just to restrain her of her liberty. There is no lewd design or lewd
intent.

Grave coercion – If a woman is carried away just to break her will, to compel her to agree to the demand or request by the
offender. If a woman is carried against her will but without lewd design on the part of the offender, the crime is grave
coercion.

Distinction between illegal detention and arbitrary detention

Illegal detention is committed by a private person who kidnaps, detains, or otherwise deprives another of his
liberty. Arbitrary detention is committed by a public officer who detains a person without legal grounds.

When the person is deprived of his liberty or is seized and forcibly taken to another place, the inquiry would, be
“what is the purpose of the offender in taking him or her away?”

1. If the seizure is only to facilitate the killing of the victim the crime committed would either be homicide or murder and the
crime of kidnapping is absorbed.
2. If the seizure or deprivation of liberty is only to compel the victim to perform an act, be it right or wrong, the crime
committed would only be grave coercion. (People vs. Astorga, 283 SCRA 420).

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3. If the deprivation of liberty is to take away the victim to satisfy the lewd design of the offender, the crime would only be
forcible abduction.
4. If the seizure of the victim is solely to deprive him of his liberty, the crime is illegal detention.

In the penultimate paragraph of Article 267, there is deprivation of liberty but not for any for the purposes
enumerated above. It is for the purpose of extorting ransom from the victim or from any other person. The law classifies
the crime committed by the offender as serious illegal detention even if none of the circumstances to make it serious is
present in the commission of the crime. In this particular mode of committing the crime of serious illegal detention, demand
for ransom is an indispensable element. (People vs. Bustamante, G. R. No. 66427, Dec. 4, 1991)

If the victim was not kidnapped or taken away but was restrained and deprived of his liberty, like in the case
of a hostage incident where the accused, who was one of the occupants of the house, grabbed a child, poked a knife
on the latter’s neck, called for media people and demanded a vehicle from the authorities which he could use in
escaping, as it turned out that there was an unserved arrest warrant against him, the proper charge is Serious Illegal
Detention (without kidnapping anymore) but likewise under Article 267 of the Revised Penal Code.

Where after taking the victim with her car, the accused called the house of the victim asking for ransom but upon
going to their safehouse saw several police cars chasing them, prompting them to kill their victim inside the car, there were
two crime committed – Kidnapping for Ransom and Murder, not a complex crime of Kidnapping with Murder as she was
not taken or carried away to be killed, killing being an afterthought . (People vs. Evanoria, 209 SCRA 577).

SLIGHT ILLEGAL DETENTION

Elements:
1. Offender is a private person
2. He kidnaps or detains another or in any other manner deprives him of his liberty / furnished place for the
perpetuation of the crime
3. That the act of detention or kidnapping must be illegal
4. That the crime is committed without the attendant of any of the circumstances enumerated in Art 267

One should know the nature of the illegal detention to know whether the voluntary release of the offended party
will affect the criminal liability of the offender.

When the offender voluntarily releases the offended party from detention within three days from the time the
restraint of liberty began, as long as the offender has not accomplished his purposes, and the release was made before
the criminal prosecution was commenced, this would serve to mitigate the criminal liability of the offender, provided that
the kidnapping or illegal detention is not serious.

If the illegal detention is serious, however, even if the offender voluntarily released the offended party, and such
release was within three days from the time the detention began, even if the offender has not accomplished his purpose in
detaining the offended party, and even if there is no criminal prosecution yet, such voluntary release will not mitigate the
criminal liability of the offender.

One who furnishes the place where the offended party is being held generally acts as an accomplice. But the
criminal liability in connection with the kidnapping and serious illegal detention, as well as the slight illegal detention, is that
of the principal and not of the accomplice.

The prevailing rule now is Asistio v. Judge, which provides that voluntary release will only mitigate criminal
liability if crime was slight illegal detention. If serious, it has no effect.
In kidnapping for ransom, voluntary release will not mitigate the crime. This is because, with the reimposition of
the death penalty, this crime is penalized with the extreme penalty of death.

What is Ransom?

It is the money, price or consideration paid or demanded for redemption of a captured person or persons, a
payment that releases a person from captivity.

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UNLAWFUL ARREST

Elements:
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to the proper authorities
3. That the arrest or detention is not authorized by law or there is no reasonable ground therefor

Notes:

1. Offender is any person, so either a public officer or private individual

The offender in this article can be a private individual or public officer. In the latter case, the offender, being a
public officer, has the authority to arrest and detain a person, but the arrest is made without legal grounds. For him to be
punished under this article, the public officer must make the arrest and detention without authority to do so; or without
acting in his official capacity.

This felony consists in making an arrest or detention without legal or reasonable ground for the purpose of
delivering the offended party to the proper authorities.

The offended party may also be detained but the crime is not illegal detention because the purpose is to
prosecute the person arrested. The detention is only incidental; the primary criminal intention of the offender is to charge
the offended party for a crime he did not actually commit.

Generally, this crime is committed by incriminating innocent persons by the offender’s planting evidence to
justify the arrest – a complex crime results, that is, unlawful arrest through incriminatory machinations under Article 363.

2. Refers to warrantless arrests

If the arrest is made without a warrant and under circumstances not allowing a warrantless arrest, the crime
would be unlawful arrest.

If the person arrested is not delivered to the authorities, the private individual making the arrest incurs criminal
liability for illegal detention under Article 267 or 268.

If the offender is a public officer, the crime is arbitrary detention under Article 124.

If the detention or arrest is for a legal ground, but the public officer delays delivery of the person arrested to the
proper judicial authorities, then Article 125 will apply.

Note: This felony may also be committed by public officers.

3. In art 125, the detention is for some legal ground while here, the detention is not authorized by law

4. In art 125, the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed
period while here, the arrest is not authorized by law

KIDNAPPING AND FAILURE TO RETURN A MINOR

Elements:
1. That the offender is entrusted with the custody of a minor person (whether over or under 7 but less than 18 yrs
old)
2. That he deliberately fails to restore the said minor to his parents

If any of the foregoing elements is absent, the kidnapping of the minor will then fall under Article 267.

If the accused is any of the parents, Article 267 does not apply; Articles 270 and 271 apply.

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 If the taking is with the consent of the parents, the crime in Article 270 is committed.

In People v. Generosa, it was held that deliberate failure to return a minor under one’s custody constitutes
deprivation of liberty. Kidnapping and failure to return a minor is necessarily included in kidnapping and serious illegal
detention of a minor under Article 267(4).

In People v. Mendoza, where a minor child was taken by the accused without the knowledge and consent of his
parents, it was held that the crime is kidnapping and serious illegal detention under Article 267, not kidnapping and failure
to return a minor under Article 270.

INDUCING A MINOR TO ABANDON HIS HOME

Elements:
1. That the minor (whether over or under 7) is living in the home of his parents or guardians or the person entrusted
with his custody
2. That the offender induces a minor to abandon such home

Notes:

The inducement must be actually done with malice and a determined will to cause damage. (People vs. Paalam,
C.A., O.G. 8267-8268). But where the victims abandoned their respective homes out of an irresponsible spirit of
restlessness and adventure, the crime is not committed.
1. Minor should not leave his home of his own free will
2. Mitigating if by father or mother

The article also punishes the father or mother who commits the act penalized under the law. This arises when
the custody of the minor is awarded by the court to one of them after they have separated. The other parent who induces
the minor to abandon his home is covered by this article.

SLAVERY

Elements:
1. That the offender purchase, sells kidnaps or detains a human being.
2. That the purpose of the offender is to enslave such human being.

Slavery is the treatment of a human being as a mere property, stripped of dignity and human rights. The person
is reduced to the level of an ordinary animal, a mere chattel with material value capable of pecuniary estimation and for
which reason, the offender purchases and sells the same.
This is distinguished from illegal detention by the purpose. If the purpose of the kidnapping or detention is to
enslave the offended party, slavery is committed.

The crime is slavery if the offender is not engaged in the business of prostitution. If he is, the crime is white slave
trade under Article 341.

EXPLOITATION OF CHILD LABOR

Elements:
1. That the offender retains a minor in his service.
2. That it is against the will of the minor.
3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person
entrusted with the custody of such minor.

If the minor agrees to serve the accused, no crime is committed, even if the service is rendered to pay an
ascendant’s alleged debt.

SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT

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