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CRIMINAL LAW BOOK 1

CLUTARIO, ERRON L. BSCRIM 3-C

 CRIMINAL LAW BOOK ONE
CRIMINAL LAW BOOK ONE

Criminal Law – branch of public substantive that interpretation which is lenient or

law which defines crimes, treats of their nature favorable to the offender will be adopted.
and provides for their punishment. It is a public This is in consonance with the fundamental
law because it deals with the relation of the rule that all doubts shall be construed in
individual with the State. favor of the accused and consistent with
the presumption of innocence of the
Criminal Law Criminal Procedure accused.
5. El que es causa de la causa es causa del
Substantive Remedial mal causado – He who is the cause of the
Prospective, cause is the cause of the evil caused
unless (People v. Ural, G.R. No. L30801).
favorable to Retroactive; in favor
of the ends of Characteristics of Criminal Law
the
substantial justice. A. General – it is binding on all persons who
accused live or sojourn in the Philippine territory,
provided regardless of nationality, gender, or other
that the accused personal circumstances (Art. 14, NCC).
is not a
habitual Exceptions:
1. Treaty Stipulations
delinquent.
Under the RP–US Visiting Forces
Only comes from Can be promulgated Agreement, which was signed on February
the legislative by the judiciary. 10, 1998, the Philippines agreed that:
body. a. US shall have the right to exercise
within the Philippines all criminal and
Terms disciplinary jurisdiction conferred on
1.Crime – the generic term used to refer to a them by the military law of the US over
wrongdoing punished either under the RPC US personnel in RP;
or under the special law (Ortega); an act b. US exercises exclusive jurisdiction over
committed or omitted in violation of a public US military personnel with regard to
law forbidding or commanding it. offenses relating to the security of the
2.Felony – a crime punished under the RPC. US punishable under the law of US, but
3.Offense – a crime punished under the special not under the laws of RP;
law. c. US shall have primary right to exercise
4.Misdemeanor – a minor infraction of law. jurisdiction over US military in relation
to:
i. Offenses solely against the property or
Sources
security of the US or offenses solely
1.The Revised Penal Code (Act no. 3815)
against the property or person of US
2.Special Penal Laws personnel;
3.Penal Presidential Decrees issued during
ii. Offenses arising out of any act or
Martial Law
mission done
in performance of official duty.
Legal Maxims
1. Nullum crimen nulla poena sine lege – there
Under the VFA, in determining whether
is no crime when there is no law that defines
one can be prosecuted or not, the
and punishes it.
citizenship is immaterial, what is material is
2. Actus non facit reum, nisi mens sit rea – the one’s membership in the U.S Armed
act cannot be criminal unless the mind is Forces.
criminal.
It is necessary that one is a member of the
3. Actus me invito factus non est meus actus – US armed forces either as: 1. US military
an act done by me against my will is not my personnel; or
act.
2. US civilian personnel connected to US
4. Doctrine of Pro Reo- Whenever a Penal law military operations.
is to be construed or applied and the law
admits of two interpretations- one lenient to
the offender and one strict to the offender-

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 CRIMINAL LAW BOOK ONE

SUBJECT COMMITTEE MEMBERS

JANSEN BERNARDO subject Fatima Maria Amansec, Her
EXECUTIVE COMMITTEE chair, DANIEL VON EVAN Lynn Balares, Roy Daguio,
IAN MICHEL GEONANGA overall chairperson, JOSE PANELO assistant subject Jennyllette Dignadice, Edcar
ANGELO DAVID chairperson for academics, RUTHchair, CLAUDINE PALATTAO Latauan, Michael Lloren,
Tosca Leira Mansujeto, Maria
ABIGAIL ACERO chairperson for hotel operations, edp, HYACINTH ALDUESO
Monica Pamela Mendoza, Fina
ALBERTO RECALDE, JR. vice-chairperson for book 1, JEMIMA FERNANDO Ong, Annie Blaise Arce
book 2, MICHELLE MARIE Raagas, Toni Faye Tan,
HATOL special penal laws Joseph
Christopher Torralba

Rules on Jurisdiction 2. Those crimes defined under RA 7610

Crimes Jurisdiction (Child Abuse Cases)
Crimes 3. Those crimes defined under RA 9165
(Dangerous Drugs cases)
punishable
under Phil. Laws RP has the exclusive Laws of Preferential Application
but not under jurisdiction. 1. RA 75 penalizes acts which would impair the
the laws of the proper observance by the Republic and its
US. inhabitants of the immunities, rights, and
privileges of duly-accredited foreign
Crimes
diplomatic representatives in the Philippines.
punishable
under the laws US has the exclusive General Rule: Under RA 75, persons who
of the US but not jurisdiction. are exempt from arrest and imprisonment
under Phil. and whose properties are exempt from
Laws. distraint, seizure and attachment are the
following: (MAS) i. Public Ministers ii.
There is concurrent Ambassadors
jurisdiction but the iii.Domestic servants of ambassadors and
Philippines has the
public ministers Exceptions:
right to primary
Crimes a.the person is a citizen or inhabitant of the
jurisdiction,
Philippines; and
punishable both especially when it is a
b. the writ or process issued against him is
under the US threat to RP
founded upon a debt contracted before he
and Phil. Laws. security
entered upon such service or the domestic
namely: servant is not registered with the
a.treason Department of Foreign Affairs.
b.espionage
c. sabotage Note: RA 75 is not applicable when the foreign
Crimes country adversely affected does not provide
committed by a similar protection to our diplomatic
US personnel representatives.
against the RP has no
2. Warship Rule – a warship of another
security and jurisdiction. country even though docked in the
property of the Philippines is considered as an
US alone. extension of the territory of their
respective country.
Generally, the Philippines cannot refuse the Same rule applies to foreign embassies in
request of the US for waiver of jurisdiction the Philippines. Philippine warship and
and has to approve the request for waiver embassies abroad are deemed extra-
except if the crime is of national importance: territories of the Philippines.
(HCD)
1. Those crimes defined under RA 7659 3. Principles of Public International
(Heinous crimes) Law The following persons are

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 CRIMINAL LAW BOOK ONE

exempted: (SCAM2) a. Sovereigns b. The RPC applies when such

and other heads of state Philippine vessel is found within:
b.Chargesd’affaires i. Philippine waters,
c. Ambassadors or ii. The high
d.Ministers plenipotentiary seas.
e.Ministers resident 2. Foreign Merchant Vessels
a. In the Philippines, we follow the
Consuls, vice-consuls and other commercial ENGLISH RULE.
representatives of foreign nations cannot claim b. A distinction must be made
the privileges and immunities accorded to between merchant ships and
ambassadors and ministers. warship; the former are more or
less subjected to the territorial laws.
B. Territorial (US vs. Bull, 15 Phil. 7)
c. Foreign merchant vessel in transit:
General Rule: Penal laws of the Philippines possession of dangerous drugs is
have force and effect only within its territory. not punishable, but use of the same
is punishable.
The national territory is set forth in Article I of d. Foreign merchant vessel NOT in
the 1987 Constitution. It composes of 3 transit: mere possession of
domains: dangerous drugs is punishable
1.Terrestrial because it can already be
2.Fluvial considered as illegal importation.
3.Aerial
FRENCH RULE v. ENGLISH RULE
Exceptions: French Rule
1. RPC shall not be enforced within or outside English Rule
(Flag or (Territoriality or
the Philippine territories if so provided
under: a. Treaties; or Nationality) Situs of the Crime)
b. Laws of Preferential Application (Art. 2, Gener al Rule
RPC and Art. 14, NCC) Crimes Crimes committed
2. Extraterritoriality – refers to the committed aboard a vessel
application of the Revised Penal Code aboard a vessel within the territorial
outside the Philippine territory (Art 2, within the territorial waters of a country
RPC). waters of a country are triablein the
are NOT triable in courts of such
Extraterritorial Crimes (Art. 2, RPC) i.e.,
the courts of said country.
enforceable even outside Philippine
territory against those who: country.
a. Should commit an offense while on Exce ption
Philippine ship or airship. When their When the crimes
Requisites: commission affects merely affect things
i. The ship or airship must not be within the peace and within the vessel or
the territorial jurisdiction of another
country; (it must be in international security of the when they only refer
waters.) territory or when the to the internal
ii.The ship or airship must be registered safety of the state is management thereof
in the Philippines under Philippine laws. endangered
3. Foreign Warships
Rules on private or merchant Vessels: a. In the case of a foreign warship, the
1. Philippine vessel or aircraft nationality of such warship determines
a. Must be understood as that which the applicable penal laws to crimes
is registered with the MARINA committed therein, as they are
(Maritime Industry Authority) in considered to be an extension of the
accordance with territory of the country to which they
Philippine laws; belong. Thus, their respective national

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 CRIMINAL LAW BOOK ONE

laws shall apply to such vessels Offenses (Art. 213)

wherever they may be found. x. Malversation of Public Funds or
b. Should forge or counterfeit any coin Property (Art.
or currency note of the Philippines or 217) xi. Possession of Prohibited
obligations and securities issued by Interest (Art. 216) xii. Corruption (Art.
the Government (Arts. 163 & 166 212)
RPC).
Note: A crime committed within the
Forgery is committed by giving to a grounds of a Philippine embassy on
treasury or bank note or any instrument foreign soil shall be subject to Philippine
payable to bearer or to order the penal laws, although it may or may not
appearance of a true genuine document have been committed by a public officer in
or by erasing, substituting, relation to his official duties. Embassy
counterfeiting or altering, by any means, grounds are considered as extensions of
the figures, letters, words or signs the sovereignty of the country occupying
contained therein. them.

If forgery was committed abroad, it must Example: A Philippine consulate official

refer only to Philippine coin, currency who is validly married here in the
note, or obligations and securities. Philippines remarries in a foreign country
cannot be prosecuted here in the
Obligations and securities of the GSIS, Philippines for bigamy under no. 4 of Art. 2
SSS and Landbank are NOT of the of RPC because the crime has no
government because they have connection with his official duties.
separate charters. Nevertheless, if the second marriage is
celebrated in the Philippine embassy, the
c. Should introduce into the country the ambassador may be prosecuted in the
above- Philippines because the embassy grounds
mentioned obligations and securities. are considered the extension of
sovereignty (Ortega, 2009).
Those who introduced the counterfeit
items are criminally liable even if they e. Should commit any of the crimes
were not the ones who counterfeited the against national security and the law
obligations and securities. On the other of nations defined in Title One of
hand, those who counterfeited the items Book Two. (Arts. 114-
are criminally liable even if they did not 122, RPC)
introduce the counterfeit items.
When rebellion, coup d’etat and sedition
d. While being public officers or are committed abroad, the Philippine
employees, should commit an courts will not have jurisdiction because
offense in the exercise of their these are crimes against public order.
functions, like: (B3A2F3T-MIC) i. Direct
Bribery (Art. 210) ii. Indirect Bribery (Art. Terrorism as defined by R.A. 9372,
211) iii. Qualified Bribery (Art. 211-A) iv. otherwise known as the Human Security
Failure to Render Accounts (Art. 218) Act of 2007, is now a crime against
v. Failure to Render Account Before national security and the law of nations.
Leaving the
Country (Art. 219) vi. Illegal Use of RA 9372, otherwise known as the
Public Funds or Property (Art. Human Security Act of 2007 has
220) extraterritorial application.
vii. Failure to Make
Delivery of Public Sec. 58 of RA 9372 provides that the
Funds/Property (Art. Act shall apply to individual persons
221) viii. Falsification (Art. who, although physically outside the
171) Philippines shall:
ix. Fraud Against Public Treasury and i. Conspire or plot to commit any of
Similar the crimes punished in the Act;

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 CRIMINAL LAW BOOK ONE

ii. Commit any of said crimes on 14[1]).

board
Philippine Ship or airship; iii. 3. It should not impose cruel and unusual
Commit any of said crimes within the punishment nor should it impose
embassy, consulate or diplomatic excessive fines (Ibid., Sec.
premises belonging to or occupied 19[1].
by the
Phil. government in an official RA 9346 prohibits the imposition of death
capacity; iv. Commit said crimes penalty therefore repealing RA 7659. In
against Phil. citizens or persons of lieu of the death penalty, the following shall
Phil. descent where their citizenship be imposed:
or ethnicity was a factor in the a. the penalty of reclusion perpetua, when
commission of the crimes; and the law violated makes use of the
v. Commit said crimes directly nomenclature of the penalties of the
against the Phil. government. Revised Penal Code; or
b. the penalty of life imprisonment, when
C. Prospective the law violated does not make use of
the nomenclature of the penalties of the
General Rule: Penal laws cannot make an Revised Penal Code (Sec.
act punishable in a manner in which it was 2, RA 9346).
not punishable when committed.
4. It must be general in application and must
Exception: It may be applied retroactively clearly define the acts and omissions
when the new law is favorable to the punished as crimes (Ibid., Sec. 1 and Sec.
accused. 2).

Exceptions to the Exception: Different Effects of Repeal of Penal Law

1. The new law is expressly made
inapplicable to pending actions or existing 1. Absolute or Total Repeal – a repeal is
causes of actions. 2. Offender is a habitual absolute when the crime punished under the
criminal (Art. 22, RPC) repealed law has been decriminalized by the
subsequent law (Ortega, 2009).
Limitations on the Power of Congress to
Enact Penal Laws: If the new law totally repeals the existing law
making the act not punishable, the crime is
The Congress, in enacting penal laws are obliterated (Reyes, 2008, p.15).
restricted by the following Constitutional and
statutory limitations: Effects of total repeal if:
a. the case is still pending in court:
1. No ex post facto law or bill of attainder dismissed, regardless of whether the
shall be enacted (Constitution, Art. III, accused is a habitual criminal
Sec. 22). b. the offender is already serving
sentence:
Ex post facto law i. Not a habitual criminal – the offender is
It is a law that would make a previous act entitled to be released; unless the
criminal although it was not so at the time repealing law is expressly made
it was committed. inapplicable to those who are serving
sentence at the time of the repeal.
Bill of attainder ii.Habitual criminal – he will continue
It is a legislative act that inflicts serving sentence this is so because
punishment without trial, its essence penal laws should be given retroactive
being the substitution of legislative fiat for application to favor only those who are
a judicial determination of guilt. not habitual delinquents (Ortega, 2009).

2. No person shall be held to answer for a 2. Partial or Relative Repeal – a repeal is

criminal offense without due process of partial when the crime punished under the
law (Ibid., Sec.

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 CRIMINAL LAW BOOK ONE

repealed law continues to be a crime in spite and direct proportion between crime and
of the repeal. penalty.

Effects of partial repeal if: 2. Positivist or Realistic Theory

a.If the case is still pending in court: the a. Man is subdued occasionally by a strange
repealing law which is more favorable to the and morbid phenomenon which constrains
accused shall be applied to him regardless him to do wrong, in spite of or contrary to
of whether he is a habitual criminal or not; his volition.
unless, there is a reservation in the said law b. The crime is essentially a social and
that it shall not apply to pending causes of natural phenomenon and as such it cannot
action. be treated and checked by applying law
b.If the offender is already serving and jurisprudence nor by imposition of a
sentence: punishment, fixed and determined a priori.
i. Not habitual criminal – the repealing law c. The purpose of penalty is reformation.
which is more lenient to him shall be
applied unless there is Note: Some authorities add a third school of
a reservation to that effect thought.
ii. Habitual criminal – the repealing law
which is more favorable to the accused 3. Eclectic or Mixed Theory – a combination of
will not be applicable to him both classical and positive theories. Our
Code is considered Eclectic (i.e., the age of
Effects of Amendment of Penal Law the offender is taken into consideration,
1. If the new law makes the penalty lighter, it intoxication of the offender in order is
shall be applied except if the offender is a considered a mitigating circumstance unless
habitual delinquent or when the new law is it is habitual or intentional)
inapplicable to pending action or existing
causes of action. ARTICLE 2
2. If the new law imposes a heavier penalty, the APPLICATION OF ITS PROVISIONS
law in force at the time of the commission of
the offense shall be applied (Reyes, 2008, Article 2 sets forth the instances where the
p.15). provisions of the Revised Penal Code are
applicable although the felony is committed
outside the Philippine Territory.
P RELIMINARY T ITLE
1. Extraterritoriality – RPC is applicable even
ARTICLE 1 though outside the Philippine territory (See
discussion under Territorial as a
TIME WHEN ACT TAKES EFFECT
characteristic of criminal law).
The Revised Penal Code (RPC) was approved
2. Exterritoriality – a term of international law
on
which signifies the immunity of certain
December 8, 1930. It took effect on January 1,
persons who, although
1932.
in the state, are not amenable to its laws (i.e.
ambassadors, ministers plenipotentiary etc.).
Two theories in criminal law:
1. Classical or Juristic Theory
3. Intraterritoriality – RPC is made applicable
a. The basis of criminal liability is human free
within the Philippine territory.
will and the purpose of the penalty is
retribution
Felonies under this Article shall be cognizable
b. Man is essentially a moral creature with an
by the proper court where the criminal action
absolutely free will to choose between good
was first filed (Section 15(d), Rule 110 of the
and evil thereby placing more stress upon
Rules of Court).
the effect or result of the felonious act than
upon the man, the criminal himself.
c. It has been endeavored to establish a TITLE ONE: FELONIES &
mechanical

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 CRIMINAL LAW BOOK ONE

CIRCUMSTANCES WHICH 2.Intelligence

AFFECT CRIMINAL LIABILITY It is the capacity to know and understand
the consequences of one’s act. Without this
power, necessary to determine the morality
of human acts, no crime can exist
CHAPTER ONE: FELONIES
(ARTS. 3-10) Lack of intelligence - offender is exempt
from liability. (i.e. offender is an imbecile,
insane, or 15 years of age or under.)

ARTICLE 3 3.Intent (Criminal)

FELONIES a.The purpose to use a particular means to
effect such result.
Felonies b.Intent to commit an act with malice, being
It is the acts or omissions punishable by the purely a mental process, is presumed.
Revised Penal Code. Such presumption arises from the proof of
commission of an unlawful act.
Elements of Felonies (General): c.A mental state, hence, its existence is
1. There must be an act or omission i.e., there shown by overt
must be external acts. acts.
a. Act – any bodily movement tending to
produce some effect in the external world. Lack of intent = act is justified. Offender
It must be external as internal acts are incurs NO criminal liability (i.e. existence of
beyond the sphere of penal law. a lawful or insuperable cause, commission
b. Omission – is inaction or the failure to by mere accident).
perform a
positive duty required by law. Criminal intent is necessary because:
a. Actus non facit reum nisi mens sit rea –
2. The act or omission must be punishable the act itself does not make a man guilty
by the RPC. Based upon the maxim, unless his intentions were so.
“nullumcrimen, nullapoena sine lege.” b. Actus me invito factus non est meus
actus – an act done by me against my will
3. The act is performed or the omission is is not my act (U.S. v. Ah Chong, 15 Phil.
incurred, by means of dolo(malice) or culpa 499).
(fault). The act or omission must be voluntary.
General Criminal Specific Criminal
Classification of Felonies According to the Intent Intent
Means by Which They Are Committed:
An intention to do An intention to
A. Intentional felonies – the act is performed a wrong. commit a definite
or the omission is incurred with deliberate act.
intent or malice to do an injury. Existence of the
Presumed to exist
intent is not
Requisites of DOLO or MALICE: (FII) from the mere
presumed because
1. Freedom doing of a
it is an ingredient or
a. Voluntariness on the part of the person to wrongful act.
commit the act or omission. element of a crime.
b. When a person acts without freedom, he The burden of
is no longer proving the
a human being but a tool. The burden of
existence of the
proving the
intent is upon the
Lack of freedom - offender is exempt from absence of intent
liability. (i.e. prosecution, as
is upon the
presence of irresistible force or such intent is an
accused.
uncontrollable fear) element of the
crime.

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 When the crime is in
its attempted or
frustrated stage,
CRIMINAL
special LAW
intent must BOOK ONE
When the crime is be proved. (i.e.
When a person unintentional being
consummated, seriously injures B. incident of another
general intent is another, the intent
act performed
presumed. (i.e. to kill must be
without malice.
When a person proved in order that
Wrongful act
killed another, the the charge will be
one of attempted or results from
intent to kill is Has intention to Injury caused
frustrated homicide, With deliberate imprudence, is
presumed) murder, parricide or cause an
intent. negligence, lack of
infanticide, as the injury.
foresight or lack of
case may be and
not mere skill.
physical injuries) Honest Mistake of fact
Culpable felonies – performed without malice. It is a misapprehension of fact on the part of the
person causing injury to another. Such person
Requisites of CULPA: (FIN) is NOT criminally liable as he acted without
1.Freedom; criminal intent (Ignorantia facti excusat).
2.Intelligence;
3.Negligence, imprudence, lack of foresight, or An honest mistake of fact destroys the
lack of skill. presumption of criminal intent which arises
upon the commission of a felonious act.
The act or omission is voluntary but the intent
or malice in intentional felonies is replaced by Honest Mistake of fact is NOT applicable in
imprudence, etc. CULPABLE felonies.

Negligence Requisites of mistake of fact as a defense:

It indicates a deficiency of perception; failure to 1. That the act done would have been lawful
pay proper attention and to use diligence in had the facts been as the accused believed
foreseeing the injury or damage impending to them to be;
be caused; usually involves lack of foresight. 2. That the intention of the accused in
performing the act should be lawful; and
Imprudence 3. That the mistake must be without fault or
It indicates a deficiency of action; failure to take carelessness on the part of the accused.
the necessary precaution to avoid injury to a. US vs. Ah Chong (15 Phil 488, 1910) –
person or damage to property; usually involves the accused had no alternative but to
lack of skill. take the facts as they appeared to him,
and such facts justified his act of killing
his roommate.
Reason for punishing acts of negligence:
b. People vs. Oanis (74 Phil 257, 1943) –
A man must use his common sense, and
there was no mistake of fact when the
exercise due reflection in all his acts; it is his
accused police officers were shot
duty to be cautious, careful and prudent, if not
Tecson, whom they thought to be
from instinct, then thru fear of incurring
Balagtas (a notorious criminal) who
punishment (US vs. Maleza, 14 Phil. 468, 470).
was sleeping in his bed, without
ascertaining his identity and the non-
Note: In Art. 3, culpa is a MODE of committing existence of threat from the part of
a crime; hence, killing is denominated Tecson.
“homicide through reckless imprudence. In Art.
365 (quasi-offenses), culpa is the crime
Mala prohibita
punished; hence, the crime is denominated
Crimes punishable by special penal laws
“reckless imprudence resulting in homicide”
whereby criminal intent is not, as a rule,
(Boado, 2008, p.42).
necessary, it being sufficient that the offender
has the intent to perpetrate the act prohibited
Intentional Culpable by the special law. It is punishable because the
Act is malicious. Not malicious. prohibited act is so injurious to the public
welfare that it is the crime itself.

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 CRIMINAL LAW BOOK ONE
into account in circumstances
General Rule: As a rule, mere commission of imposing the penalty. are generally
crimes classified as mala prohibita, even not taken into
without criminal intent, is punishable. account.
Exceptions:
Degree of P articipation
1.Cuenca vs. People (G.R. No. L-27586, June 26,
1970) Cuenca was entitled to assume that his When there is more Degree of
employer had the requisite license to possess said than one offender, the participation is
firearm and ammunition and to turn them over to degree of participation generally not taken
him while he was on duty as one of the regular of each in the into account. All who
security guards of a duly licensed security agency.
commission of the participated in the
2.People vs. Landicho ([CA] 55 OG 842) crime is taken into act are punished to
The doctrine of the immateriality of animus account. the same extent.
possidendi should be relaxed in certain way. As to Persons C riminally Liable
Otherwise, the avowed purpose of the Penalty is computed The penalty on the
government’s policy cannot be realized.
on the basis of offenders are the
3.People vs. Mallari ([CA] 55 O.G. 1394) whether he is a same whether they
Where the accused had a pending application for principal offender, or are merely
permanent permit to possess a firearm, and whose merely an accomplice accomplices or
possession was not unknown to an agent of the law or accessory. accessories.
who advised the former to keep it in the meantime,
Laws Vi olated
any doubt as to his claim should be resolved in his
favor. Violation of Violation of Special
the RPC. Laws. (General rule)
4.Mere transient possession of unlicensed (General rule)
firearm As to stages in execution
While in stealing a firearm the accused must There are three
necessarily come into possession thereof, the No such
stages: attempted,
crime of illegal possession of firearms is not stages of
frustrated,
execution.
Mala in Se Mala consummated.
Prohibita As to persons c riminally liable
As to Nature Thereare three
Wrong from its Wrong because it is persons
very nature. prohibited by law. criminally liable: Generally, only
Use of Good Fai th as a Defense principal, accomplice, the principal
Good faith is a valid a and is liable.
defense; unless the Good faith is not accessory.
crime is the result of defense. As to division of penalties
culpa. Penalties may be There is no such
Use of Intent as an element divided into degrees division of penalties.
Criminal is and periods.
Intent is an element. intent committed by mere transient possession of the
immaterial. weapon. Thus, stealing a firearm with intent not to
Degree of Accompli shment of the use but to render the owner defenseless, may suffice
crime for purposes of establishing a case of theft, but
would not justify a charge for illegal possession of
The degree of The act gives rise to firearm, since intent to hold and eventually use the
accomplishment of a crime only when it weapon would be lacking (People vs.
the crime is taken into is consummated. Dela Rosa, G.R. No. 84857, January 16, 1998, citing
account in punishing People vs. Remereta, 98 Phil. 413, 1956).
the offender.
As to Mitigating and ravating
Agg Circumstances
9Mitigating
|Page and Mitigating and
aggravating aggravating
circumstances are
taken
 Intent Motive
Is the purpose to Is the reason or
use a particular moving power which
CRIMINAL LAW BOOK ONE
means to effect impels one to
such result. commit an act for a
Example: A who is jealous of B shot the latter as a definite result.
result of which B died. The intent is to kill while the Is an element of Is NOT an element
motive is jealousy. the crime, except of the crime.
in unintentional
Motive felonies.
It is the moving power which impels one to action for a (culpable)
definite result (Reyes, 2008, p. 59). Is essential in Is essential only
intentional when the identity of
felonies. the perpetrator is in
Motive: When Relevant (CUT-NID)
doubt.
1. If the evidence is merely
circumstantial. the offender violating a special law
2. Where the identification of the may not have the intent to do any
accused proceeds from an injury to another. In such case, the
unreliable source and the testimony wrongful act done could not be
is inconclusive and not free from different, as the offender did not
doubt; intend to do any other injury.
3. In ascertaining the truth between
two antagonistic theories or versions 2. That the wrong done to the
of the killing; aggrieved party be the direct, natural
4. Where there are no eyewitnesses to and logical consequence of the
the crime, and where suspicion is felony committed.
likely to fall upon a number of
persons; Proximate Cause
5. When there is doubt as to the It is that cause, which, in the natural
identity of the assailant; and continuous sequence, unbroken
6. When the act is alleged to be by any efficient intervening cause,
committed in defense of a stranger produces the injury, and without
because it must not be induced by which the result would not have
revenge, resentment or other evil occurred.
motive;
If the result can be traced back to the
ARTICLE 4 original act, then the doer of the
CRIMINAL LIABILITY original act can be held criminally
liable.
Par. 1: Criminal Liability for a felony
different from that which is intended The relation of cause and effect
to be committed. must be shown: a. Unlawful act
is the efficient cause
Rationale: El que es causa dela causa b.Accelerating cause
es causa del mal causa – He who is c. Proximate cause
the cause of the cause is the cause of
the evil caused. Note: Any person who creates in another
person’s mind an immediate sense of danger,
Requisites: which causes the latter to do something
1. That an intentional felony has resulting in the latter’s injuries, is liable for the
been committed. There is no resulting injuries (People vs. Page, 77 SCRA
Intentional Felony: 348, citing People vs. Toling, L-27097, Jan.
a. When the act or omission is not 17, 1975, 62 SCRA 17, 33).
punishable by RPC; or
b. When the act is covered by any of Thus, the person is still criminally liable
the justifying although the wrongful act done be different
circumstances in Art. 11 of RPC. from that which he intended:
a. Error In Personae- mistake in the identity of
Act or omission should not be the victim (Article 49 – penalty for lesser
punished by a special law because crime in its maximum period)

10 | P a g e
 CRIMINAL LAW BOOK ONE

b. Aberratioictus – mistake in the blow (Article operation or medical treatment to

48 on complex crimes – penalty for graver relieve the accused from liability.
offense in its maximum period)
c. Praeter intentionem – injurious result is Felony committed is NOT the
greater than proximate cause of the resulting
that intended (Article 13 – Mitigating injury when:
Circumstance) a. There is an active force
between the felony committed and
Aberratio Ictus v. Error in personae the resulting injury, such active
AI – the victim as well as the actual victim force is distinct from the felony
are both in the scene of the crime; EIP – committed.
the supposed victim may or may not be in b. The resulting injury is due to the
the scene of the crime intentional act of the victim, i.e.
fault or carelessness of the victim
AI –The offender delivers the blow to his to increase the criminal liability of
intended victim but because of poor aim the assailant.
landed on someone else; EIP – The
offender delivers the blow not to his Instances when there is a
intended victim proximate cause and when there
is none:
AI – generally gives rise to complex crime Instance Criminally Liable?
unless the resulting consequence is not a
When there is an i ntervening disease
grave or less grave
felony; EIP – there is no complex crime If disease is closely
related to the YES.
Example of Aberratio Ictus: wound
a. A shot B but because of lack of If disease is
precision, it was C, a bystander, who was
unrelated to the NO.
hit as a result of which C died. There is a
complex crime of attempted or frustrated wound
Murder, Homicide, Parricide or Infanticide If disease is YES. Mortal wound
and Murder, Homicide Parricide or combined force is a contributing
Infanticide(MHPI) with wound factor to victim’s
death.
b. If C did not die but sustained injuries,
there is still a complex crime of attempted NOTE: A mortal
or frustrated MHPI and serious or less wound is a
serious physical injuries (note that there is contributing factor
no intent to kill insofar as the case of C is when :
concerned); however, there can be no i. The wound is
complex crime if C sustained slight sufficient to
physical injuries as the same is only a cause the
light felony. victim’s death
along with the
When death is presumed to be the natural disease
consequence of physical injuries inflicted: ii. The mortal
(NER) wound was
a. That the victim at the time the caused by
physical injuries were inflicted was actions
in normal health.
b. That the death may be expected committed by
from the physical injuries inflicted. the accused
c. That death ensued within a When the death was caused by an
reasonable time. infection of the wound due t o the
unskilled medical treatment from the
Note: The offended party is not
d octors
obliged to submit to a surgical

11 | P a g e
 CRIMINAL LAW BOOK ONE

If the wound is YES. Unskilled b.Physical impossibility – When

mortal treatment and extraneous circumstances unknown to the
infection are NOT actor or beyond his control prevent the
efficient consummation of the intended crime.
intervening causes E.g. When one tries to murder a corpse
If the wound is NO. Unskilled (See Sulpicio Intod vs Honorable Court of
slight treatment and Appeals and People of the Philippines
G.R. No. 103119 October 21, 1992).
infection are
efficient intervening 4. That the act performed should NOT
causes constitute a violation of another provision of
the RPC.
Efficient Intervening Cause
It is the cause which interrupted the natural The crime committed is an impossible crime
flow of events leading to one’s death. This and not attempted murder. Intod, Pangasian,
may relieve the offender from liability. Tubio and Daligdig fired at the room of
Palangpanga. It turned out, however, that
NOT efficient intervening causes: Palangpangan was in another City and her
a. The weak or diseased physical condition home was then occupied by her son-in-law
victim; and his family. No one was in the room when
b. The nervousness or temperament of the the accused fired the shots. No one was hit by
victim; the gun fire. There is factual impossibility in
c. Causes which are inherent in the victim; this case. It occurs when extraneous
d. Neglect of the victim or third person; (ex. circumstances unknown to the actor or beyond
refusal of medical attendance) his control prevent the consummation of the
e. Erroneous or unskilled medical or surgical intended crime. One example is the man who
treatment (unless the wound is slight or puts his hand in the coat pocket of another
not mortal). with the intention to steal the latter's wallet and
finds the pocket empty. In this case, Intod
shoots the place where he thought his victim
Par. 2: Impossible Crime
would be, although in reality, the victim was
not present in said place and thus, the
Requisites: (PEIN) petitioner failed to accomplish his end (Intod v.
1. That the act performed would be an offense CA 285 SCRA 52).
against persons or property;
2. That the act was done with evil intent;
Felonies against persons are:
3. That its accomplishment is inherently
(MHPI-DRAP)
impossible, or that the means employed is
1.Murder (Art. 248)
either inadequate or ineffectual; and
2.Homicide (Art 249)
3.Parricide (Art. 246)
Inadequate
4.Infanticide (Art 255)
It means is insufficient (e.g. small quantity
5.Duel (Arts 260 and 261)
of poison).
6.Rape (Art. 266-A)
7.Abortion (Arts. 256, 257, 258 and
Ineffectual
259)
It means employed did not produce the
8.Physical Injuries (Arts 262, 263, 264,
result expected (e.g. pressed the trigger of
265 and 266)
the gun not knowing that it is empty).
Felonies against property are:
Inherent impossibility of its accomplishment:
(BRUCT-SCAM)
a.Legal impossibility – where the intended
1. Robbery (Arts. 294, 297, 298, 299,
acts, even if completed would not amount
300, 302 and 303)
to a crime. E.g. Stealing a property that
2. Brigandage (Arts. 306 and 307)
turned out to be owned by the stealer
3. Theft (Arts. 308, 310, and 311)
(See Gemma T. Jacinto vs. People of the
4. Usurpation (Arts. 312 and 313)
Philippines, G.R. No. 162540, July 13,
5. Culpable Insolvency (Art. 314)
2009).

12 | P a g e
 CRIMINAL LAW BOOK ONE

6. Swindling and other deceits (Arts. acquittal must be made. This is in consonance
315, 316, 317 and with the maxim nullem crimen nulla poena
318) sine lege.
7. Chattel Mortgage (Art. 319)
8. Arson and other crimes involving Par. 2. Excessive Penalties
destruction (Arts. 320,
321, 322, 323, 324, 325, and 326) Requisites:
9. Malicious Mischief (Arts. 327, 328, 1. The court after trial finds the accused
329, 330 and 321) guilty;
2. The penalty provided by law and which the
Purpose of punishing impossible court imposes for the crime committed
crimes: To suppress criminal appears to be clearly excessive because:
propensity or criminal tendencies. a. the accused acted with lesser degree of
malice, and/or
Notes: b. there is no injury or the injury caused is
a. Felony against persons or of lesser gravity;
property should not be actually 3. The court should not suspend the
committed, for otherwise, he would be execution of the sentence; and
liable for that felony; there would be no 4. The judge should submit a statement to
impossible crime to speak of. the Chief Executive, through the Secretary
b. There is no attempted or of Justice, recommending executive
frustrated impossible crime. It is always clemency.
consummated and applies only to
grave or less grave felonies. The court must impose the penalty prescribed
c. Under Article 59, the penalty for for the crime committed although it finds the
impossible crimes is arresto mayor or a penalty too harsh considering the conditions
fine ranging from 200-500 pesos. surrounding the commission of the crime. The
most the judge could do is to recommend to
the Chief Executive to grant executive
clemency.

Par. 2 not applicable to the offense defined

and penalized by a special law.
ARTICLE 5
DUTY OF THE COURT

Par. 1. Acts which should be repressed but

which are not covered by law.
ARTICLE 6
Requisites: CONSUMMATED, FRUSTRATED &
1.The act committed by the accused appears ATTEMPTED FELONIES
NOT punishable by any law;
2.But the court deems it proper to repress Formal Crimes or Crimes of Effect
such act; These are felonies which by a single
3.In that case, the court must render the act of the accused consummates the
proper decision by dismissing the case and offense as a matter of law (i.e. physical
acquitting the accused; and injuries, acts of lasciviousness,
4.The judge must then make a report to the attempted flight to an enemy country,
Chief Executive, through the Secretary of coercion, slander, illegal exaction).
Justice, stating the reasons which induce
him to believe that the said act should be Material crimes
made the subject of penal legislation. These are crimes which involve the
three stages of execution.
The Philippines does not subscribe to the
common law crimes system. Under this article, Stages of execution: (does NOT
if an act should be repressed but there is no apply to crimes under special laws
law punishing the same, the proper decision of

13 | P a g e
 CRIMINAL LAW BOOK ONE

unless otherwise provided, crimes by f. Physical Injury, since it cannot be

omission, and formal crimes) determined whether the injury will
be slight, less serious, or serious
1.Consummated unless and until consummated.
felony g. Theft, because the unlawful taking
When all the elements necessary for immediately consummates the
its execution and accomplishment offense and the disposition of the
are present. thing is not an element thereof.

2.Frustrated 3. Attempted Felony

Felony Elements:
Elements: a. The offender commences the commission
a. The offender performs all the acts of the felony directly by overt acts;
of execution; b. He does not perform all the acts of
b. All the acts performed would execution which should produce the
produce the felony as a felony;
consequence; (belief of accused c. He is not stopped by his own
as to whether or not he had spontaneous desistance; and
performed all acts of execution is d. The non-performance of all acts of
immaterial) execution was due to a cause or accident
c. But the felony is not produced; and other than the offender’s own
d. By reason of causes independent spontaneous desistance.
of the will of the
perpetrator. Overt acts
a. These are some physical activity or deed,
What crimes do not admit of indicating intention to commit a particular
frustrated stage? They are those crime.
which, by the definition of a frustrated b. More than a mere planning or preparation,
felony, the offender cannot possibly which if carried to its complete termination
perform all the acts of execution to following its natural course, without being
bring the desired result without frustrated by external obstacles, nor by
consummating the offense. voluntary desistance of the perpetrator will
logically ripen into a concrete offense
Examples: (Reyes, 2008, p. 87).
a. Rape, since the gravamen of the
offense is carnal knowledge, Felony is deemed commenced by overt
hence, no matter how slight the acts when the following are present:
penetration, the felony is a. That there be external acts;
consummated. b. Such external acts have direct connection
b. Indirect Bribery, because it is with the
committed by accepting gifts crime intended to be committed.
offered to the public officer by
reason of his office. If he does not Indeterminate Offense
accept, he does not commit the It is one where the purpose of the offender in
crime. If he accepts, it is performing an act is not certain. The
consummated. accused may be convicted of a felony
c. Direct Bribery. defined by the acts performed by him up to
d. Corruption of Public Officers, the time of desistance.
because the offense requires the
concurrence of the will of both In the case of People vs. Lamahang, Aurelio
parties, such as that when the Lamahang was caught opening with an iron
offer is accepted, the offense is bar a wall of a store of cheap goods in
consummated. But when the offer Fuentes St. Iloilo. He broke one board and
is rejected, the offense is merely was unfastening another when a patrolling
attempted. police caught him. Owners of the store were
e. Adultery, because the essence of sleeping inside store as it was early dawn.
the crime is sexual congress.

14 | P a g e
 CRIMINAL LAW BOOK ONE

The attempt to commit an offense which the Time or Pe riod Employed

Penal Code punishes is that which has a Desistance made Desistance made
logical relation to a particular, concrete
offense; that, which is the beginning of the during the after the attempted
execution of the offense by overt acts of the attempted stage. stage of the crime.
perpetrator, leading directly to its realization
and consummation. The attempt to commit Two Stages in the Development of a
an indeterminate offense, inasmuch as its Crime:
nature in relation to its objective is 1. Internal acts:
ambiguous, is not a juridical fact from the a. Such as mere thoughts or ideas in
standpoint of the Penal Code. There is no the mind of person.
doubt that in the case at bar it was the b. Not punishable.
intention of the accused to enter Tan Yu's
store by means of violence, passing through 2. External acts cover:
the opening which he had started to make a.Preparatory acts – ordinarily not
on the wall, in order to commit an offense punished except when considered
which, due to the timely arrival of policeman by law as independent crimes (e.g.
Tomambing, did not develop beyond the first Art. 304, Possession of picklocks
steps of its execution. and similar tools).
b.Acts of Execution – punishable
Desistance under the RPC.
It is an absolutory cause which
negates criminal liability because the Attempted stage
law encourages a person to desist It marks the commencement of the
from committing a crime. subjective phase.
Note: The spontaneous desistance
of the offender negates only the Subjective Phase
attempted stage but not necessarily It is that portion of the acts constituting the
all criminal liability. If the desistance crime, starting from the point where the
was made when acts done by him offender begins the commission of the crime
already resulted to a felony, that to that point where he has still control over
offender will still be criminally liable his acts, including their (acts) natural course.
for the felony brought about by his
act (Ortega, 2009). If between those two points the offender is
stopped by reason of any cause outside of
Kinds of Desistance his own voluntary desistance, the subjective
Legal Factual Desistance phase has not been passed and it is an
Desistance attempt.
De finition
Desistance Actual desistance of If he is not so stopped but continues until he
performs the last act, it is frustrated.
referred to in law the actor; the actor
which would is still liable for the Frustrated stage
obviate criminal attempt. It is the end thereof and the start of the
liability unless the objective phase.
overt or
preparatory act Objective Phase
It is the result of the acts of the execution,
already that is, the accomplishment of the crime.
committed in
themselves If the subjective and objective phases are
constitute a present, there is a consummated felony.
felony other than
what the actor The spontaneous desistance of the accused
is exculpatory only:
intended. a. if made during the attempted stage, and

15 | P a g e
 CRIMINAL LAW BOOK ONE

b. provided that the acts already committed c.So long as there is possession of the
do not property, no matter how momentary it
constitute any offense. may be, the crime is consummated.
d. In robbery by the use of force
Factors in determining stage of execution upon things, since the offender must
of felony: enter the building to commit the
(MEN) crime, he must be able to carry out of
1. Manner of committing the the building the thing taken to
felony; 2. Elements consummate the crime.
constituting the felony; 3. e. In robbery with violence against
Nature of the offense. or intimidation of persons, the crime
is consummated the moment the
Murder/Homicide/Parricide/Infanticide offender gets hold of the thing taken
(MHPI): and/or is in a position to dispose of it
1. With intent to kill, but no mortal wound freely.
is inflicted – attempted. f. It does not matter how long the
2. With intent to kill, and mortal wound is property was in the possession of the
inflicted but victim does not die – frustrated. accused; it does not matter whether
3. The moment the victim dies, intent to the property was disposed or not;
kill is conclusively presumed – what is important is whether or not
consummated. there was asportacion or unlawful
taking.
Rules on crimes against persons (MHPI)
Rape
and
Death Intent Gravity Crime The crime of rape is consummated by
of the
Results to Kill Committed mere penetration of the male organ no
wound
matter how slight or superficial.
Overt
act only Attempted Instances where there is attempted
No Yes
– no MHPI rape:
wound a.When the skirt of the victim has been
lifted no matter what position;
Mortal Serious
b.When the accused mounted on the
No No wound physical body of the victim;
injuries c. When there is epidermal touching of
Non- Less serious/ the genital organs
No No mortal slight physical of the accused and the victim.
wound injuries
In attempted rape, there is the intent to
stages of execution: have carnal knowledge or sexual
Gravity intercourse. In acts of lasciviousness
Death Intent Crime
of the there is none.
Results to Kill wound Committed
Pre- Mortal There is NO crime of frustrated rape,
Yes sumed Consummated
wound only a frustrated rapist. The case of
No Yes Mortal Frustrated People vs. Eriña was an exception
since the victim was only 3 years old.
(MHPI)
Non- Attempted
No Yes mortal MHPI Examples of Common Crimes and
their Stages of Execution:
Robbery/ Theft
a. Both crimes are committed by the Attempted Frustrated Impossible
taking of the personal property of another
and with the intent to gain. Evil intent is Evil intent is Evil intent is
b. The difference is that in robbery, there not not not
is the use of force or violence. accomplished accomplished. accomplishe

16 | P a g e
 Consummated Frustrated Attempted
Arson
The
CRIMINAL LAW BOOK ONEtools
used alone
The tools to
Any part of the are on fire,
. d. be used for
building or a
Evil intent is Evil intent is Evil intent committing
possible of burned, even if furniture or
possible of cannot be the crime
accomplishm only a small thing not
accomplishme accomplish are in the
ent portion. attached to
nt. ed. building.
. the building
What What Evil intent is on fire.
prevented the prevented the cannot be Estafa
accomplish- accomplishme accomplishe
The money No money
ment is the d because Deceit and taken has
nt are causes it’s was taken
intervention of Damage on the not been
independent inherently yet, only
certain cause victim are “damaged”
of the will of impossible deceit is
or accident in of present. or spent.
the perpetrator present.
which the accomplish
unnecessary, as the only light felony
offender had me against persons is slight physical
no part. nt or injuries which in the first place is
the always consummated.
means b. The exception can apply however to
employed attempted or frustrated light felonies
by the against property BUT only principal
and accomplices are criminally liable
offender is while accessories are exempt.
inadequate
or Light Felonies under RPC: (STAMI)
ineffectual. 1.Slight physical injuries (Art. 266)
2.Theft (Art. 309, par. 7 and 8)
ARTICLE 7 When the value of thing stolen is less
LIGHT FELONIES than five pesos and theft is
committed under the circumstances
Light Felonies enumerated under Article 308 par. 3
These are those infractions of law for the 3.Alteration of boundary marks (Art.
commission of which the penalty of 313)
arrestomenor or fine not exceeding 200 pesos, 4.Malicious mischief (Art. 328, par. 3;
or both, is provided (Art. 9, par. 3). Art. 329, par. 3) When the value of
the damage does not exceed two
General Rule: Light felonies are punishable hundred pesos or cannot be
only when they have been consummated. estimated.
5.Intriguing against honor (Art. 364)
Reason: They produce light, insignificant
moral and material injuries that public Note: For light felonies, the only ones
conscience is satisfied with providing a light who can be held liable are the
penalty for their consummation. If they are not principals and accomplices.
consummated the wrong done is so slight that
there is no need of providing a penalty at all ARTICLE 8
(Albert) (Reyes, 2006, p. 121). CONSPIRACY AND PROPOSAL
TO COMMIT FELONY
Exception: If committed against
persons or property, punishable even if General Rule: Mere conspiracy or
attempted or frustrated. proposal to commit a felony is not
punishable since they are only
Reason for the exception: Such preparatory acts.
commission presupposes moral
depravity. Exception: In cases in which the law
a. The exception with regard to crimes specially provides a penalty therefor.
against persons is actually

17 | P a g e
 CRIMINAL LAW BOOK ONE

Conspiracy sufficient that two or they had before

It exists when two or more persons more persons agree committing treason is
come to an agreement concerning the
commission of a felony and decide to and decide to only a manner of
commit it. commit it. incurring criminal liability,
not treated as a separate
Agreement may be oral or written, offense.
express or implied. Felony relates to Conspiracy is not treated
a crime as a separate offense but
Requisites of Conspiracy:
1.That 2 or more persons came to an actually used to determine the
agreement; committed. liability of the offenders.
2.That the agreement pertains to the In conspiracy, the act of
commission of a felony; and one is the act of all.
3.That the execution of the felony was
decided upon. General Rule: When conspiracy is
established, all who participated therein,
There must be participation with a criminal irrespective of the quantity or quality of his
resolution because simple knowledge thereof participation is liable equally, whether
by a person may only make him liable as an conspiracy is pre-planned or instantaneous.
accomplice (People vs. Comadre, G.R.
No.153559, June 8, 2004). Exception: Unless one or some of the
conspirators committed some other crime
The law specially provides penalty for mere which is not part of the intended crime.
conspiracy in:
(Under RPC) TRICSM Exception to the Exception: When
1. Treason, (Art. 115) the act constitutes a
2. Rebellion, (Art. 136) “single indivisible offense.”
3. Insurrection, (Art. 136)
4. Coup d’ etat, (Art. 136) Doctrine of Implied Conspiracy
5. Sedition, (Art. 141) Conspiracy may be inferred if it is
6. Monopolies and combinations in restraint of proven that two or more persons aimed
trade. (Art. their acts towards the accomplishment
186) of the same unlawful object, each
doing a part so that their acts although
(Under special laws) apparently independent were in fact
1. Espionage, connected and cooperative, thus
2. Highway robbery, indicating a closeness of personal
3. Illegal association, association and a concurrence of
4. Selected acts committed under the sentiment.
Dangerous Drugs
Act, It is enough that at the time of the
5. Arson, and commission of the offense, the
6. Terrorism under the Human Security Act. offenders acted in concert, each doing
his part to fulfill their common design.
Conspiracy as a felony, distinguished from There is unity of purpose and unity in
conspiracy as a manner of incurring the execution of the offense.
criminal liability.
As a Manner of In determining whether there is an
As a Felony Incurring Criminal implied conspiracy, it must be based
on:
Liablity 1. Overt acts done before, during
Conspirators should If the conspirators commit or after the commission of the crime;
not actually commit it, say, treason, they will or
treason, rebellion, be held liable for treason, 2. Words, remarks or language
etc., it being and the conspiracy which used before, during or after the
commission of the crime.

18 | P a g e
 CRIMINAL LAW BOOK ONE

a. They must be distinct from each These are:

other, independent or separate. 1.Reclusion perpetua,
b. They must be closely 2.Reclusion temporal,
associated, closely related, closely 3.Perpetual or Temporary Absolute
linked, and coordinated. Disqualification,
c.They must be for a common 4.Perpetual or Temporary Special
criminal design, joint criminal Disqualification,
interest, unity of criminal purpose, 5.Prision mayor,
or concerted action, geared 6.Fines more than Php 6000.
towards the attainment of the
felony. Less grave felonies
Felonies which the law punishes with penalties
Proposal to Commit a Felony which in their maximum period are
It is when the person who has decided correctional, in accordance with Art. 25 of the
to commit a felony proposes its Code.
execution to some other person or These are:
persons. 1.Prision correccional,
2.Arresto mayor,
Requisites of Proposal: 3.Suspension,
1. That a person has decided to 4.Destierro,
commit a felony (Decision); and 5.Fines equal to or more than Php 200 but
2. That he proposes its execution less than Php 6000.
to some other person or persons
(Proposal). Light felonies
Those infractions of law for the commission of
RPC specially provides penalty for which the penalty of arrestomenor or a fine not
mere proposal in exceeding 200 pesos, or both, is provided.
(TRIC)
1.Treason, Importance of Classification
2.Rebellion, 1. To determine whether these felonies
3.Insurrection, and 4. Coup d’ etat. can be complexed or not.
2. To determine the prescription of the
There is no criminal proposal when: crime and the prescription of the penalty.
1. The person who proposes is NOT
determined to commit the felony; ARTICLE 10
2. There is no decided, concrete and OFFENSES NOT SUBJECT
formal proposal but a mere TO THE PROVISIONS OF THE RPC
suggestion;
3. It is not the execution of a felony General Rule: RPC provisions are
that is proposed. supplementary to special laws.
It is not necessary that the person to whom the Exceptions:
proposal is made agrees to commit TRIC, 1. Where the special law provides
what constitutes the felony is the making of otherwise.
the proposal. 2. When the provisions of the RPC are
impossible of application, either by
express provision or by necessary
ARTICLE 9 implication.
CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY Thus, when the special law adopts
the penalties imposed in the RPC,
such as reclusion perpetua or
Grave felonies reclusión temporal, the provisions of
Felonies to which the law attaches the capital the RPC on imposition of penalties
punishment or penalties which in any of their based on stage of execution, degree
periods are afflictive, in accordance with Art. of participation, and attendance of
25 of the Code. mitigating and aggravating

19 | P a g e
 CRIMINAL LAW BOOK ONE

circumstances may be applied by It is the obligation of taking the penal

necessary implication. and civil consequences of the crime.

Guilt
JUSTIFYING CIRCUMSTANCES It is an element of responsibility, for a
AND CHAPTER TWO man cannot be made to answer for the
CIRCUMSTANCES WHICH consequences of a crime unless he is
EXEMPT guilty.
FROM CRIMINAL LIABILITY
(ARTS. 11-12)
ARTICLE 11
JUSTIFYING CIRCUMSTANCES

Justifying Circumstances
Five circumstances affecting Those where the act of a person is said to be
criminal liability: in accordance with law, so that such person is
1. Justifying circumstances; Art. 11, deemed not to have transgressed the law and
RPC (6); R.A. 9262 is free from both criminal and civil liability.
VAWC There is no civil liability, except in par. 4 of Art.
2. Exempting circumstances; Art. 12, 11 where the civil liability is borne by the
RPC (7) persons benefited by the act.
3. Mitigating circumstances; Art. 13,
RPC (10) An affirmative defense, hence, the burden of
4. Aggravating circumstances; Art. 14, proof is on the accused who must prove it by
RPC (21) clear and convincing evidence.
5. Alternative circumstances; Art. 15,
RPC (3) There is both NO crime and NO criminal.

Other circumstances found Basis: Lack of criminal intent.

elsewhere in the RPC:
1. Absolutory cause – the effect is
to absolve the offender from criminal Par. 1. Self-Defense
liability, although not from civil Rights included in self-defense:
liability. Self-defense includes not only the defense of
2. Extenuating circumstances - the person or body of the one assaulted but
the effect is to mitigate the criminal also that of his rights, the enjoyment of which
liability of the offender and has the is protected by law. Thus, it includes:
same effect as mitigating
circumstances (i.e. Concealment of 1.The right to honor. Hence, a slap on the
dishonor in the crime of infanticide face is considered as unlawful aggression
insofar as the mother and maternal since the face represents a person and his
grandparents are concerned, the dignity. It is a serious personal attack; a
penalty is lowered by two degrees; physical assault, coupled with a willful
the crime of adultery committed by a disgrace; and it may, therefore, be frequently
married woman abandoned by her regarded as placing in real danger a
husband) person’s dignity, rights and safety (Rugas
vs. People, GR No. 147789, Jan. 14, 2004).
Imputability
It the quality by which an act may be 2. The defense of property rights can be
ascribed to a person as its author or invoked if there is an attack upon the
owner. It implies that the act property although it is not coupled with an
committed has been freely and attack upon the person of the owner of the
consciously done and may therefore premises. All the elements for justification
be put down to the doer as his very must however be present (People vs.
own. Narvaez, 121 SCRA 389, 1983).

Responsibility

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 CRIMINAL LAW BOOK ONE

Subjects of Self-Defense: Imminent

(PRPH) a. Defense of Person The danger is on the point of
b.Defense of Rights happening. It is not required that
c. Defense of Property the attack already begins, for it may
d.Defense of Honor be too late.

What is important is not the duality of the c. Must come from the person
attack but whether the means employed is attacked by the accused. No
reasonable to prevent the attack. unlawful aggression when there
was an agreement to fight.
Self Defense is lawful The challenge to fight must be
because: a. Impulse of accepted. But aggression which is
self-preservation; ahead of a stipulated time and
b.State cannot provide protection for place is unlawful.
each of its constituents. d. Not merely oral threats or
threatening stance or posture.
Stand ground when in the right Mere belief of an impending attack
The law does not require a person to is not sufficient.
retreat when his assailant is rapidly e. In relation to “mistake of fact,” the
advancing upon him with a deadly belief of the accused may be
weapon. considered in determining the
existence of unlawful
Reason: He runs the risk of being aggression.E.g. there is
attacked in the back by the aggressor. selfdefense even if the aggressor
used a toy gun, provided that the
Requisites: (URL) accused believed it to be a real
gun.
1. Unlawful aggression
(condition sine qua non);
Kinds of aggression: a. Reasonable necessity of the means
Lawful employed
i. In the 1. It involves two elements, necessity for
exercise of a the course of action and necessity of the
right ii. In the means employed, which should be
fulfillment of a reasonable.
duty 2. In determining reasonable means,
b. Unlawful some factors are to be considered such
2. Reasonable necessity of the means as: (PINES) a. Presence of imminent
employed to prevent or repel it (if by danger;
a peace officer, reasonable b.Emergency to which the person
necessity of the means employed to defending himself has been exposed to;
overcome opponent); and c. Nature and quality of the weapon used
3. Lack of sufficient provocation on the by the accused compared to the weapon
part of the person defending himself. of the
aggression;
Unlawful aggression d.Impelled by the instinct of self-
a. Equivalent to an actual physical preservation;
assault; or e.Size and/or physical character of the
b. Threatened assault of an aggressor compared to the accused and
immediate and imminent kind other circumstances that can be
which is offensive and positively considered showing disparity between
strong, showing the wrongful aggressor and accused.
intent to cause injury.
This element should be interpreted
liberally in favor of the law-abiding
Actual
citizen.
The danger must be present, that
is, actually in existence.

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Perfect equality between the weapons used (People v. Genosa G.R. No. 135981,
by the one defending himself and that of the January 15, 2004).
aggressor is not required, neither is the
material commensurability between the Four characteristics of the
means of attack and defense. Rational syndrome:
equivalence is enough. 1. The woman believes that the
violence was her fault;
Reason: Because the person assaulted 2. She has an inability to place the
does not have sufficient tranquility of mind to responsibility for the violence
think and to calculate. elsewhere;
3. She fears for her life and/or her
Retreat of aggressor – aggression ceases; children’s life; and
EXCEPT: when retreat is made to take a 4. She has an irrational belief that the
more advantageous position to insure the abuser is omnipresent and
success of the attack begun, unlawful omniscient.
aggression continues.
Only a certified psychologist or
Retaliation Self-defense psychiatrist can prove the existence of
the Battery Woman Syndrome in a
Inceptual Unlawful aggression
woman.
unlawful was still existing when
aggression had the aggressor was
Battery
injured by the person
already ceased making the defense. It is any act of inflicting physical harm
when the accused upon the woman or her child resulting
attacked him. to physical and psychological or
There must be no emotional distress.
appreciable time
interval between the Lack of Sufficient Provocation
unlawful aggression Sufficient provocation should not come
and the killing. from the person defending
himself/accused, and it must
immediately precede the aggression.
Under Republic Act 9262, known as the Anti-
Violence against Women and their Children
Defense of property should be coupled
Act of 2004:
with danger to the person defending
Victim-survivors who are found by the courts
oneself; if there is no danger to the
to be suffering from Battered Woman
person or the person’s life or limb,
Syndrome do not incur any criminal or civil
defense of property cannot be invoked.
liability notwithstanding the absence of any of
the elements for justifying circumstances of
selfdefense under the RPC. (Sec. 26, R.A. Par. 2. Defense of Relatives
No. 9262) The law provides for an additional
justifying circumstance. Requisites:
1. Unlawful aggression;
Battered Woman Syndrome 2. Reasonable necessity of the means
It is a scientifically defined pattern of employed to prevent or repel it; and
psychological and behavioral 3. In case the provocation was given
symptoms found in women living in by the person attacked, the one
battering relationships as a result of making the defense had no part
cumulative abuse. therein.

“Cycle of violence” has three

phases: (TAT) Relatives that can be defended:
1. The Tension building phase; (SADBroSAC4)
2. The Acute battering incident; 1.Spouse
3. The Tranquil, loving (or at least non- 2.Ascendants
violent) phase 3.Descendants

22 | P a g e
 CRIMINAL LAW BOOK ONE

4.Legitimate, natural or adopted Brothers and 1. That the evil sought to be avoided actually
Sisters, or relatives by Affinity in the same exists;
degrees. Death of the spouse terminates the 2. That the injury feared be greater than that
relationship by affinity. done to avoid it; and
5.Relatives by Consanguinity within the fourth 3. There be no other practical and less harmful
civil degree. means of preventing it.

The fact that the relative defended gave It is only in this par. (4) that the person
provocation is immaterial. defending himself incurs civil liability,
since generally in this article there is
There is no distinction in the Revised Penal no civil liability on the part of the
Code whether the descendant should be accused. Such liability is borne by the
legitimate or illegitimate; when the law does person benefited.
not distinguish the courts cannot distinguish.
Greater evil must not be brought about
Justification: It is found not only upon a by the negligence or imprudence or
humanitarian sentiment, but also upon the violation of law by the actor.
impulse of blood which impels men to rush, on
the occasion of great perils, to the rescue of The damage caused by the accused in
those close to them by ties of blood. the state of necessity contemplated
here is deliberate, while that in Par. 4
Par. 3. Defense of Stranger of Art. 12 is accidentally caused
(Regalado, 2009, p. 57).
Stranger
They are any person not included in the Par. 5. Fulfillment of duty or lawful
enumeration of relatives under par. 2 of Art. exercise of right or office
11.
Requisites:
Damage to another includes injury to persons 1. That the accused acted in the
and damage to property. performance of a duty or in the lawful
exercise of a right or office; and
A person defending his common-law spouse 2. That the injury caused or the
or adopted child will fall under this paragraph. offense committed be the necessary
consequence of the due performance
Requisites: of duty or the lawful exercise of such
1. Unlawful aggression; right or office.
2.Reasonable necessity of the means
employed to prevent or repel it; and People vs. Delima (46 Phil 738, 1922)
3.The person defending was not induced by –The deceased who escaped from
revenge, resentment or other evil motive. prison while serving sentence was
under the oligation to surrender, and
Motive is relevant only in this kind of defense. had no right, after evading the service
of his sentence to commit assault and
Justification: The ordinary person would not disobedience with a weapon on his
stand idly by and see his companion killed hand, which compelled the policeman
without attempting to save his life. to resort to such extreme means,
which although it proved to be fatal,
Par. 4. Avoidance of greater evil or injury was justified by the circumstances.

The shooting by prisoner guards of

State of Necessity
escaping prisoners is always justified.
Article 11, par. 4 – offender deliberately
caused damage.
Article 12, par. 4 – offender accidentally A security guard who shot a thief who
caused damage. refused to surrender is not justified.

Requisites: (EIN) The executor of death convicts at the

Bilibid Prison cannot be liable for

23 | P a g e
 Justifying Exempting
Circumstance Circumstance
CRIMINAL LAW It affectsBOOK
the actONE
not It affects the actor not
the actor. the act.
murder for the executions performed The act is considered The act complained of
by him because he was merely acting to have been done is actually wrongful,
in lawful exercise of his office. within the bounds of but the actor is not
law; hence, legitimate liable.
Doctrine of “SELF-HELP” and lawful in the eyes
Article 429 of the Civil Code is
applicable under this paragraph. The of the law.
article states, “The owner or lawful Since the act is Since the act
possessor of a thing has the right to considered lawful, complained of is
exclude any person from the there is no crime. actually wrong there is
enjoyment and disposal thereof. For
a crime but since the
this purpose, he may use such force as
may be reasonably necessary to repel actor acted without
or prevent an actual or threatened voluntariness, there is
unlawful physical invasion or no dolo nor culpa.
usurpation of his property. No crime There is a crime
No criminal No criminal
The actual invasion of property may consist of No criminal liability No criminal liability
a mere disturbance of possession or of a real No civil liability (except There is civil
dispossession. If it is a mere disturbance of Art. 11, par. 4, where liability
possession, force may be used against it at there is (except Art. 12, par. 4
any time as long as it continues, even beyond civil liability)
the prescriptive period of forcible entry. If the and 7, where there is
invasion consists of a real dispossession, no civil liability)
force to regain possession can be used only
immediately after the dispossession Contemplates May be invoked in
unintentional acts and culpable felonies
hence, are
Par. 6.Obedience to an order issued for incompatible with dolo
some lawful purpose There is a crime but NO criminal.

Requisites: The burden of proof to prove the existence of

1.That an order has been issued by a an exempting circumstance lies with the
superior; defense.
2.That such order must be for some lawful
purpose; and 3. That the means used by the Basis: The exemption from punishment is
subordinate to carry out said order is lawful. based on the complete absence of
intelligence, freedom of action, or intent, or on
Par. 6 presupposes that what was obeyed by the absence of negligence on the part of the
the accused was a lawful order; but if the accused.
accused complied with an unlawful order
under a mistake of fact, he should not incur
criminal liability (Regalado, 2009, p. 58).

Subordinate is not liable for carrying out an

illegal order if he is not aware of its illegality
and he is not negligent.

ARTICLE 12
EXEMPTING CIRCUMSTANCES Par. 1.Imbecility or Insanity
Exempting Circumstances (or the Imbecility
Circumstances for Non-imputability) It exists when a person, while of
Those grounds for exemption from advanced age, has a mental
punishment, because there is wanting in the development comparable to that of
agent of the crime any of the conditions which children between two and seven years
makes the act voluntary, or negligent. of age.

24 | P a g e
 CRIMINAL LAW BOOK ONE

At the time of the Exempt from

Insanity commission of the liability.
It exists when there is a complete
crime.
deprivation of intelligence or freedom
of the will. Mere abnormality of mental During trial. Proceedings will
faculties is not enough especially if the be
offender has not lost consciousness of suspended and
his acts. accused is
committed to a
Insanity and imbecility, to exempt
under Par. 1, must be complete, and hospital.
they cannot be graduated in degrees of After judgment or Execution of
gravity (Regalado, 2009, p.60). while serving judgment is
sentence. suspended, the
An insane person is not so exempt if it accused is
can be shown that he acted during a
lucid interval. But an imbecile is committed to a
exempt in all cases from criminal hospital. The
liability. period of
confinement in the
People vs. Formigones (87 Phil 661, hospital is
1950) – feeblemindedness is not
exempting but can be considered as counted the
mitigating. for
purpose of the
Somnambulism or sleepwalking must be prescription of the
clearly proven to be considered as an penalty.
exempting circumstance under this
Article.
The fact that a person behaves crazily is not
conclusive that he is insane. The prevalent
Malignant Malaria affects the nervous system meaning of the word “crazy” is not
and causes among others such complication synonymous with the legal terms “insane,”
as acute melancholia and insanity at times, “non compos mentis,” “unsound mind,” “idiot,”
and if clearly proven will be considered as an or “lunatic.” The popular conception of the
exempting circumstance under this paragraph. word “crazy” is being used to describe a
(People vs. Lacena, 69 Phil 350) person or an act unnatural or out of the
ordinary. A man may behave in a crazy
Two tests of insanity: manner but it does not necessarily and
1.Test of COGNITION – complete deprivation conclusively prove that he is legally so
of intelligence in committing the crime. (People vs. Florendo, G.R. No. 136845,
2. Test of VOLITION – total deprivation of October 8, 2003).
freedom of will.
Basis: Complete absence of intelligence
In the Philippines, both cognition and volition Par. 2.& 3. Minority (Amended and
tests are applied. There must be complete superseded by RA
deprivation of the 9344)
intellect (cognition) or will or freedom (volition)
JUVENILE JUSTICE AND
The defense must prove that the accused was WELFARE ACT OF 2006
insane at the time of commission of the crime (RA 9344)
because the presumption is always in favor of
sanity. What are the effects of the insanity
Child in conflict with the law
of the accused?
It refers to a child who is alleged as,
Time when Effect on criminal accused of, or adjudged as, having
accused suffers liability committed an offense under
insanity Philippine laws (Sec. 4e).

25 | P a g e
 CRIMINAL LAW BOOK ONE

discernment, proceed to
1. Minimum age of Responsibility - Under diversion under the following
RA 9344 (Juvenile Justice and Welfare Act without undergoing court
of 2006), the following are EXEMPT from proceedings subject to the
criminal liability (Sec. 6): following conditions: (Section
a. Child 15 years of age or under at 23)
the time of the commission of the i. Where the imposable penalty is not
offense. The child shall be more than 6 years of imprisonment,
however subject to an the PunongBarangay or law
intervention program pursuant to enforcement officer shall conduct
Section 20 of the Act. mediation, family conferencing and
conciliation.
If after the intervention, there is ii.Where the imposable penalty
no reform, the minor shall be exceeds 6 years imprisonment,
returned to the court for the diversion measures may be resorted
promulgation of the decision to only by the court.
against the minor; and then the
court shall either decide on the 2. Exemption from criminal liability herein
sentence or extend the established does not include exemption
intervention. from civil liability.

b. Child above 15 but below 18 who 3. Determination of age – The child in conflict
acted without with the law shall enjoy the presumption of
discernment. minority until he/she is proven to be 18
years old or older (Section 7, par.1).
Discernment
It is the mental capacity to The age of a child may be determined from:
understand the difference a.child's birth certificate,
between right and wrong as b.baptismal certificate or
determined by the child’s c. any other pertinent documents.
appearance, attitude,
comportment and behavior not In the absence of these documents, age may
only before and during the be based on information from the child
commission of the offense but himself/herself, testimonies of other persons,
also after and during the trial. It is the physical appearance of the child and other
manifested through: relevant evidence.
i. Manner of committing the crime
ii. Conduct of the offender In case of doubt as to the age of the child, it
shall be resolved in his/her favor.
Discernment Intent
Refers to moral Refers to the Any person contesting the age of the child in
conflict with the law may:
significance the desired act of the a. If the case against the child has not yet
person ascribes to person been filed – file
the act a case in a summary proceeding for the
determination of age prior to the filing of the
After initial investigation, the local information in any appropriate court before
social worker may: the Family Court which shall decide the case
a. Proceed in accordance with within twenty-four (24) hours from receipt of
Section 20 if the child is fifteen the appropriate pleadings of all interested
(15) years or below or above parties.
fifteen (15) but below eighteen b. If a case has been fiied against the child in
(18) years old, who acted conflict with the lawand is pending in the
without discernment; and appropriate court - file a motion to determine
b. If the child is above fifteen (15) the age of the child in the same court where
years old but below eighteen the case is pending. Pending hearing on the
(18) and who acted with

26 | P a g e
 CRIMINAL LAW BOOK ONE

said motion, proceedings on the main case b.Mendicancy (P.D. No. 1563)
shall be suspended. c. Sniffing of Rugby (P.D. No. 1619)

4. The prosecutor shall conduct a preliminary PROVIDED, that said persons shall
investigation and file an information upon undergo appropriate counseling and
determination of probable cause in the treatment program
following instances (Section 33):
a. When the child in conflict with the law Summary of Rules
does not qualify for diversion. If the judgment is an acquittal, the
b. When the child, his/her parents or decision shall immediately take effect
guardian does not agree to diversion; and without suspension and the decision
c. Upon determination by the prosecutor that shall be promulgated and pronounced.
diversion is not appropriate for the child in
conflict with the law. If the judgment is conviction, the
promulgation of the decision and the
5. Automatic Suspension of Sentence sentence shall be suspended by the
– Once the child who is under 18 court, the minor shall be ordered to
years of age at the time of undergo intervention, which shall have
commission of the offense is found the following effects:
guilty of the offense charged, the a. If after the intervention, there is
court shall determine and ascertain reform on the part of the minor, the
any civil liability which may have minor shall be returned to the court
resulted from the offense to dismiss the criminal case and
committees. However, instead of dismiss the charges against the
pronouncing the judgment of minor.
conviction, the court shall place the b. If after the intervention, there is no
child in conflict with law under reform, the minor shall be returned
suspended sentence, without need to the court for the promulgation of
of application and impose the the decision against the minor; and
appropriate disposition measures as then the court shall either decide on
provided in the Supreme Court Rule the sentence or extend the
on Juveniles in Conflictwith the Law intervention.
(Section 38).
Note: Only when there is (1) refusal to be
6. Upon recommendation of the social subjected to reformation or (2) when there is
worker who has custody of the child, failure to reform can the child be subjected to
the court shall order the final criminal prosecution and the judicial system.
discharge of the child. The
discharge of the child in conflict with Basis: Complete absence or lack of
the law shall not affect the civil intelligence.
liability resulting from the
commission of the offense (Section Par. 4. Accident without fault or intention
39). of causing it
7. Status Offenses – any conduct not Accident
considered an offense or not It is an occurrence that happens outside the
penalized if committed by an adult sway of our will, and although it comes about
shall not be considered an offense through some act of our will, it lies beyond the
and shall not be punished if bounds of humanly foreseeable
committed by a child consequences.
8. Offenses not applicable to Elements: (LDMW)
children – Persons below 18 years 1.A person is performing a lawful act;
of age shall be exempt from
2.With due care;
prosecution for the crime of:
3.He causes injury to another by mere
a.Vagrancy and Prostitution (Art.
accident; and
202, RPC)
4.Without fault or intention of causing it.

27 | P a g e
 CRIMINAL LAW BOOK ONE

Basis: Lack of negligence and intent. Elements:

1. That the threat which causes the
Par. 5. A person who acts under the fear is of an evil greater than, or at
compulsion of an least equal to, that which he is
irresistible force required to commit; and
2. That it promises an evil of such
Elements: (PIT) gravity and imminence that the
1.That the compulsion is by means of physical ordinary man would have
force; succumbed to it.
2.That the physical force must be irresistible;
and Duress as a valid defense should be
3.That the physical force must come from a based on real, imminent, or reasonable
third person. fear for one’s life or limb and should
not be speculative, fanciful, or remote
Passion and obfuscation cannot amount to fear. The compulsion must be of such
irresistible force. character as to leave no opportunity to
the accused for escape or self-defense
The force must be so irresistible as to reduce in equal combat.
the actor to a mere instrument who acts not
only without will but against his will. It must presuppose intimidation or
threat, not force or violence.
The person who used the force or created the Basis: Complete absence of freedom.
fear is criminally and primarily civilly liable, but
the accused who performed the act Par. 7. Insuperable cause
involuntarily and under duress is still
secondarily liable (Art. 101). Insuperable cause
It is some motive which has lawfully,
Basis: Complete absence of freedom. morally or physically prevented a
person to do what the law commands.
Irresistible Force Uncontrollable
It applies to felonies by omission.
Fear
Offender uses Offender employs Elements: (RFI)
violence or intimidation or 1.That an act is required by law to be
physical force to threat in done;
compel another compelling another 2.That a person fails to perform such
act; and
person to commit a to commit a crime.
3.That his failure to perform such act
crime. was due to some lawful or
Must have been May be generated insuperable cause.
made to operate by a threatened act
directly upon the directed to a 3rd Examples:
person of the person, e.g. the The municipal president detained the
offended party for three days because
accused. wife of the accused to take him to the nearest justice of the
who was peace required a journey for three
kidnapped. days by boat as there was no other
means of transportation (US vs.
The injury feared The evil feared Vicentillo, 19 Phil. 118, 1911).
may be of a lesser must be greater or
degree than the at least equal to The distance which required a journey
for three days was considered an
damage caused by the damage insuperable cause.
the accused. caused to avoid it.
Note: Under the law, the person arrested
Par. 6. Uncontrollable fear incident to arrest must be delivered to the

28 | P a g e
 CRIMINAL LAW BOOK ONE

nearest judicial authority at most within 36

hours under Art. 125 RPC; otherwise, the
public officer will be liable delay in the delivery
to judicial authorities.

A mother who at the time of childbirth was

overcome by severe dizziness and extreme
debility, and left the child in a thicket where
said child died, is not liable for infanticide Entrapment Instigation
because it was physically impossible for her to The means The law enforcer
take home the child (People vs. Bandian, 63 originates from the conceives the
Phil. 530, 1936). mind of the commission of the
criminal. crime and
The severe dizziness and extreme debility of
the woman constitute an insuperable cause. suggests to the
accused who
Basis: Lack of intent. adopts the idea
and carries it into
Absolutory Causes execution.
Those where the act committed is a crime but
Not a bar to the It will result in the
for reasons of public policy and sentiment,
there is no penalty imposed. prosecution and acquittal of the
conviction of the accused.
Examples of absolutory causes:(DELIMA2- lawbreaker.
T2) Entrapment Instigation
1.Spontaneous desistance (Art. 6)
Ways and means Instigator induces
2.Attempted or frustrated light felonies (Art. 7)
3.Accessories who are exempt from criminal are resorted to for the would-be
liability by reason or relationship (Art. 20) the capture of accused to commit
and in light felonies lawbreaker in the the crime, hence
4.Slight or less serious physical injuries execution of his he becomes a co-
inflicted under exceptional circumstances criminal plan. principal.
(Art. 247)
5.Persons exempt from criminal liability for
theft, swindling and malicious mischief (Art. If the one who made the instigation is a private
332) 6. Instigation individual, not performing public function, both
he and the one induced are criminally liable for
7. Trespass to dwelling when the purpose
the crime committed: the former, as principal
of entering another’s dwelling against the
by induction; and the latter, as principal by
latter’s will is to prevent some serious harm
direct participation.
to himself, the occupants of the dwelling or a
third person, or for the purpose of rendering
some service to humanity or justice, or when
entering cafes, taverns, inns and other public CHAPTER THREE
houses, while the same are open (Art. 280, CIRCUMSTANCES WHICH MITIGATE
par. 2) CRIMINAL LIABILITY
8. Marriage of the offender and the
offended party in cases of seduction,
abduction, acts of lasciviousness and rape
(Art. 344)
9. Adultery and concubinage if the ARTICLE 13
offended party shall have consented or MITIGATING CIRCUMSTANCES
pardoned the offenders.(Art. 344)
Mitigating Circumstances
Entrapment is NOT an absolutory cause. A Those which if present in the
buy-bust operation conducted in connection commission of the crime, do not
with illegal drugrelated offenses is a form of entirely free the actor from criminal
entrapment.

29 | P a g e
 As to the effect
If not offset (by a It operates to
CRIMINAL LAW generic BOOK ONE reduce the
aggravating penalty by one or
liability, but serve only to reduce the circumstance) it two degrees.
penalty. will operate to
have the penalty
A mitigating circumstance arising from imposed at its
a single fact absorbs all the other
minimum period,
mitigating circumstances arising from
the same fact. provided the
Ordinary Privileged penalty is a
So urce divisible one.
Subsections 2-10 Subsection 1 of As to offset
of Art. 13 (RPC). Art. 13 of RPC, May be offset by Cannot be offset
Arts. 68, 69 and generic by a generic
Paragraphs 1 64 of RPC. aggravating aggravating
and 2 are circumstance. circumstance.
privileged Article 64 applies
mitigating under only when there feared be greater than that to avoid it or
Article 68 as are two or more there be no other practical and less harmful
amended by R.A means of preventing it)
ordinary
9344 and Article
mitigating 3.“Incomplete justifying circumstance of
69.
circumstances performance of duty” – In People vs.
Oanis, when one of the two requisities
Subsection 1 of without any under par. 5 of Art. 11 was present, Article
Art. 13 are generic
69 was applied. Thus, when the justifying or
ordinary aggravating exempting circumstance has two requisites
mitigating
circumstances. only, it seems that there is no ordinary
circumstance, if mitigating circumstance in this case but a
Art. privileged mitigating circumstance.
49 is not
applicable. 4. “Incomplete justifying circumstance of
obedience to an order” –The order must
always be from a superior.

5. “Incomplete exempting circumstance of

Par. 1. Incomplete justifying or minority over 9 and under 15 years of
exempting circumstances age” – a minor who is over 9 years of age
Applies when all the requisites necessary to and under 15 years old who acted with
justify the act or to exempt from criminal discernment, he is entitled to a mitigating
liability are NOT attendant. circumstance under Art. 68 but under RA
Provided, majority of the requisites are 9344 said offender is exempt from criminal
present. liability.

1. “Incomplete self-defense, defense of 6. “Incomplete exempting circumstance of

relatives, and defense of a stranger” - accident” – under par. 4 of Article 12 there
unlawful aggression must be present, it are four requisites, namely:
being an indispensable requisite. It is a.a person is performing a lawful act;
considered ordinary mitigating circumstance b.with due care;
if only unlawful aggression is present. When c. he causes an injury to another by
two of the three requisities (i.e., unlawful mere accident; and
aggression and any one of the other two), d.without fault or intention of causing
the case should be considered a privileged it.
mitigating circumstance referred to in Art. 69
of this Code. If the requisites (b) with due care and
(d) without fault are absent = Art.
2. “Incomplete justifying circumstance 365, in effect there is a mitigating
of avoidance of greater evil or injury” – if circumstance because the penalty is
any of the last two requisites (i.e., injury

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lower than that provided for It refers to a child who is alleged as, accused
intentional felony of, or adjudged as, having committed an
offense under
If the requisites (a) a person is Philippine laws
performing a lawful act and (d)
without intention of causing the 18 years or over – full criminal responsibility.
accident are absent, (positively 70 years or over – mitigating, no imposition of
stated, the person committed an death penalty; if already imposed, execution of
unlawful act and had the intention of death penalty is suspended and commuted.
causing the injury)
= intentional felony Basis: Diminution of intelligence.

7. “Incomplete exempting Par. 3. No intention to commit so grave a

circumstance of uncontrollable wrong
fear” – If only one of the two (Praeter Intentionem)
requisites are present there is only a
mitigating circumstance. In People Rule for the application:
vs. Magpantay (C.A., 46 O.G. 1655 Can be taken into account only when the facts
the accused was entitled to the proven show that there is a notable and
mitigating circumstance of grave fear, evident disproportion between the means
not entirely uncontrollable, under par. employed to execute the criminal act and its
1 of Art. 13in connection with par. 16 consequences. If the resulting felony could be
of Art. 12 of the RPC the fear of the expected from the means employed, this
accused was not entirely circumstance cannot be availed of.
uncontrollable for had he not been so
hasty and had he stopped a few Intention may be ascertained by considering:
seconds to think, he would have (WIMB)
ascertained that there was no 1.The weapon used
imminent danger.
2.The injury inflicted
3.The manner it is inflicted
Par. 2. Over 15 and under 18, if there
4.The part of the body injured
is discernment or over 70 years old
a. Not applicable to felonies by negligence.
It is the age of the accused at the time
b. Not applicable to felonies where intention is
of the commission of the crime which
immaterial.
should be determined. His age at the
c. Not appreciated in murder qualified by
time of the trial is immaterial.
treachery.
d. Not appreciated in cases where there is no
Legal effects of various ages of
material
offender
harm done.
1.15 and below – exempting
2.Above 15 but under 18 – exempting
Intent at the time of the commission of the
unless acted with discernment. But
felony, not during the planning stage, should
even with discernment, penalty is
be considered.
reduced by one (1) degree lower
than that imposed. (Art 68, par. 2,
amended by RA 9344) Basis: Diminution of intent.
3.Child in conflict with the law under
18 years of age who acted with Par. 4. Provocation or threat
discernment – sentence
suspended.(Art. 192, PD 603 as Provocation
amended by PD 1179, referred to as It is any unjust or improper conduct or act of
Children in Conflict with the Law the offended party, capable of exciting, inciting
under or irritating any one.
RA 9344)
Requisites: (SOPI)
Child in Conflict with the Law 1. The provocation must be sufficient;

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felony, his spouse, ascendants,

SUFFICIENT means adequate to excite a descendants, legitimate, natural or
person to commit the wrong and must adopted brothers or sisters or
accordingly be proportionate to its gravity relatives by affinity within the same
(People vs. Nabora, 73 Phil 434,435, 1941). degrees;
2. That the felony is committed in
As to whether or not the provocation immediate vindication of such grave
is sufficient depends upon: offense.
a.The act constituting the
provocation, “Immediate” allows for a lapse of time
b.The social standing of the person as long as the offender is still suffering
provoked, from the mental agony brought about
c. The place and time when the by the offense to him.
provocation is made.
“Grave offense” includes any act that is
2.It must originate from the offended offensive to the offender or his
party; relatives and the same need not be
3.The provocation must be personal unlawful.
and directed to the accused; and
4.That the provocation must be The grave offense must be the
immediate to the act, or the proximate cause or proximate to the
commission of the crime. act of the offender.

The threat should not be offensive and When the aggression is in retaliation for an
positively strong. Otherwise, the threat insult, injury or threat, the offender cannot
to inflict real injury is an unlawful successfully claim self-defense but he can be
aggression, which may give rise to given the benefit of the mitigating
self-defense. circumstance of under the provisions of
paragraph 4, Article 13. Provocation must be
The liability of the accused is mitigated immediate to the commission of the crime.
only insofar as it concerns the harm
inflicted upon the person who made Factors to determine gravity of offense in
the provocation, but not with regard to vindication:
the other victims who did not 1. Social standing of the person
participate in the provocation (US v. 2. Place
Malabanan, 9 Phil. 262). 3. Time when the insult was made

Basis: Diminution of intelligence and Basis: Diminution of the conditions of

intent. voluntariness.

Provocation as Par. 6. Passion or obfuscation

Requisite of Provocation as
Incomplete Mitigating Requisites:
Circumstance 1. That there be an act, both unlawful and
SelfDefense
sufficient to produce such a condition of
It pertains to its It pertains to its mind;
absence on the presence on the
2. That said act which produced the
part of the person part of the offended obfuscation was not far removed from the
party.(People v. CA, commission of the crime by a considerable
defending himself. G.R. No. 103613, length of time, during which the perpetrator
Feb. might recover his normal equanimity; and
23, 2001) 3. The act causing such obfuscation was
committed by the victim himself.
Par. 5. Vindication of grave
offense Requisites: A mitigating circumstance only when the same
1. That there be a grave offense arises from lawful sentiments.
done to the one committing the

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May lawfully arise from causes existing only in It is made directly only The grave offense
the honest belief of the offender. to the person may be committed
committing the felony. also against the
The act of the offended party must be unlawful
or unjust. Exercise of a right or fulfillment of offender’s relatives
duty is not a proper source of passion and mentioned by law.
obfuscation. The cause that The offended party
brought about the must have done a
This mitigating circumstance may be
provocation need not grave offense to
appreciated even if the reported act causing
the obfuscation was not true, as long as it was be a grave offense. the offender or his
honestly and reasonably believed by the relatives
accused to be true. (People vs. Guhiting, 88 mentioned by law.
Phil. 672) It is necessary that The vindication of
the provocation or the grave offense
Mitigating threat immediately may be proximate,
Not Mitigating
circumstance preceded the act. which admits of an
when:
when: INTERVAL of time.
The accused The act is It is mere spite It concerns the
acted upon committed in a spirit against the one giving honor of a person.
an impulse. of lawlessness. the provocation or
The impulse must The act is threat.
be so powerful that committed in a spirit
it naturally produced of revenge.
Passion/Obfuscation Irresistible Force
passion or
obfuscation in him. It is a It is an
mitigating exempting
circumstance. circumstance.
Passion/Obfuscation Provocation
Cannot give rise to Requires physical
Produced by an The provocation irresistible force as it force.
impulse which may be must come from does not involve
caused by the injured party. physical force.
provocation. Passion or Must come from a
Passion/Obfuscation Provocation obfuscation is in the third person.
offender himself.
Offense which Must immediately
Must arise from lawful Is unlawful.
engenders precede the
sentiments.
perturbation of mind commission of the
need not be crime.
Passion and obfuscation CANNOT
immediate. It is only co-exist with:
required that the (VET)
influence thereof lasts 1.Vindication of grave offense
until the moment the 2.Evident premeditation
crime is committed. 3.Treachery
The effect is loss of reason and self-control
on the part of the offender Basis: Diminution of intelligence of intent.

If obfuscation and provocation arose from Par. 7. Surrender and confession of guilt
one and the same act, both shall be treated
Two mitigating circumstances:
as only one mitigating circumstance. 1. Voluntary surrender to a person in authority
Provocation Vindication or his agents.

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2. Voluntary confession of guilt before the Requisites of voluntary plea of

court prior to the presentation of evidence guilty: (SOPO)
for the prosecution. 1. That the offender spontaneously
confessed his guilt;
If both are present, there will be two 2. That the confession of guilt was
independent ordinary mitigating made in open court, that is, before
circumstances. the competent court that is to try the
case;
Requisites of voluntary surrender: (NSV) 3. That the confession of guilt was
1.That the offender had Not been actually made prior to the presentation of
arrested; evidence for the prosecution; and
2.That the offender Surrendered himself to a 4. That the confession of guilt was to
person in authority or to the latter’s agent; the offense charged in the
and information.
3.That the surrender was Voluntary.
Plea of guilty is not mitigating in
Person in authority culpable felonies and in crimes
He is one directly vested with jurisdiction punished by special laws.
which is the power to govern and to execute
the laws, whether as an individual or as a Where in the original information the
member of some court or governmental accused pleaded not guilty, but he
corporation, board or commission. pleaded guilty to the amended
information, it is considered a voluntary
Agent of a person in authority plea of guilty and considered a
He is one who by direct provision of the law or mitigating circumstance.(People vs.
by election or by appointment by competent Ortiz, G.R. No. L19585, Nov. 29, 1965)
authority, is charged with the maintenance of
public order and the protection and security of Basis: Lesser perversity of the
life and property and any person who comes offender.
to the aid of persons in authority (Art. 152, as
amended by RA 1978). Par. 8. Physical defect of offender

When surrender is When the offender is deaf and dumb,

voluntary 1. Must be blind or otherwise suffering from some
spontaneous. physical defect, restricting his means
2. Intent of the accused to submit himself of action, defense or communication
unconditionally to the authorities must be with others.
either because: a. He acknowledges his
guilt; or The physical defect must relate to the
b. He wishes to save them the trouble and offense committed. E.g. blindness
expense necessarily incurred in his does not mitigate estafa.
search and capture.
3. The conduct of the accused determines the “Dumb” – lacking the power of human
spontaneity of the arrest. speech.
4. Intention to surrender without actually
surrendering is not mitigating. This paragraph does not distinguish
5. Not mitigating when defendant was in fact between the educated and uneducated
arrested. person with physical defect.
6. It is not required that, to be appreciated, it
be prior to the issuance of a warrant of Basis: Diminution of freedom of action,
arrest. (People vs. Turalba, G.R. No. L- therefore diminution of voluntariness.
29118, Feb. 28, 1974)
7. Surrender of weapons cannot be equated Par. 9. Illness of the offender
with voluntary surrender.
Requisites:

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1. That the illness of the offender must 3.Entrapment

diminish the exercise of his will- 4.Accused is over 18 years of age
power; and 5.Performance of righteous action
2. That such illness should not deprive
the offender of consciousness of his Specific Mitigating Circumstances
acts. 1. Illegal detention (voluntary release within 3
days; without attaining purpose; before
Includes illness of the mind not criminal action)
amounting to insanity. 2. Adultery (abandonment of spouse)
3. Infanticide/abortion (intent to conceal
Kleptomania, feeblemindedness, dishonor of mother)
mistaken belief that killing witches was
for public good and illness of nerves or CHAPTER FOUR
moral faculty may be considered as CIRCUMSTANCES WHICH AGGRAVATE
mitigating circumstances under this CRIMINAL LIABILITY
subparagraph Basis: Diminution of
intelligence and intent.

Aggravating Circumstances
Par. 10. Similar or Analogous Those which, if attendant in the commission of
Circumstances the crime, serve to have the penalty imposed
in its maximum period provided by law for the
Examples: offense or change the nature of the crime.
1. Impulse of jealousy, similar to passion and
obfuscation. Basis: Greater perversity of the offender
2. Manifestations of Battered Wife Syndrome, manifested in the commission of the felony as
analogous to an illness that diminishes the shown by:
exercise of will power. 1.The motivating power itself;
3. Over 60 years old with failing sight, similar 2.The place of the commission;
to over 70 years of age under par. 2. 3.The means and ways employed;
4. The act of the accused leading the law 4.The time; or
enforcers to the place where he buried the 5.The personal circumstances of the
instruments he used to commit the crime is offender, or the offended party.
similar to voluntary surrender.
5. Extreme poverty, as similar to a state of Kinds of aggravating
necessity, which may apply to crimes circumstances:
against property but not of violence, such 1. Generic – those that can generally
as murder. apply to all crimes found under
6. Outraged feeling of unpaid creditor, as akin subparagraphs 1,2,3 (dwelling), 4, 5,
to vindication or obfuscation. 6, 9, 10, 14, 18, 19, 20 except “by
7. Appeal to the esprit de corps of the means of motor vehicle”
accused, as analogous to passion. (12)
8. Wartime state of confusion resulting in a. Advantage taken of public
illegal possession of firearm after the position;
liberation, as being similar to lack of intent b. Contempt or insult of public
to commit so grave a wrong. authority;
9. Voluntary return of funds malversed by the c. Crime committed in the dwelling
accused, as equivalent to voluntary of the offended party;
surrender. d. Abuse of confidence or obvious
10. Testifying for the prosecution without ungratefulness;
being discharged from the information, as e. Palace and place of commission
being like a plea of guilty. of offense ;
f. Nighttime, uninhabited place, or
Circumstances which are neither band;
exempting nor mitigating: g. Recidivism;
1.Mistake in the blow or aberratio ictus h. Habituality;
2.Mistake in the identity i. Craft, fraud, or disguise;

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j. Unlawful entry; such as: a. Quasi-recidivism

k. Breaking of parts of the house; (Art.160);
l. Use of persons under 15 years of b.Complex crimes (Art.48);
age c. Error in personae (Art.49);
d.Taking advantage of public position and
2. Specific – those which apply only to membership in an organized/syndicated
specific crimes, such as ignominy in crime group (Par. 1[a],
crimes against chastity and cruelty Art. 62);
and treachery which are applicable e.Use of unlicensed firearm in homicide or
only to crimes against persons found murder.
under subparagraphs 3 (except Generic Qualifying
dwelling), 15, 16, 17 and 21. Aggravating Aggravating
a. Disregard of rank, age, or sex
due the offended party in crimes As to it s effect
against persons and honor; Increases the To give the crime its
b. Abuse of superior strength or penalty which proper and
means be employed should be imposed exclusive name and
to weaken the defense; upon the accused to to place the author
c. Treachery in crimes against
the maximum period thereof in such a
persons;
d. Ignominy in crimes against but without situation as to
chastity; exceeding the limit deserve no other
e. Cruelty in crimes against persons. prescribed by law. penalty than that
specially prescribed
3. Qualifying – those that change the by law for said
nature of the crime.
crime.
a. Alevosia (treachery) or evident
premeditation qualifies the killing As to whether it can b e offset by a
of a person to murder. mitigating circu mstance
b. Art. 248 enumerates the qualifying May be offset by an Cannot be offset by
aggravating circumstances which ordinary a mitigating
qualify the killing of a person to
murder. mitigating circumstance since
circumstance since it is considered an
4. Inherent – those which of necessity it is not an ingredient of the
accompany the commission of the ingredient of the crime.
crime, therefore not considered in crime.
increasing the penalty to be
imposed, such as:
Rules on aggravating circumstances
a. Evident premeditation in robbery,
theft, estafa, 1. Aggravating circumstances shall not be
appreciated if:
adultery and concubinage
(CRATE); a. They constitute a crime specially
punishable by law; or
b. Abuse of public office in bribery;
b. They are included by the law in defining a
c. Breaking of a wall or unlawful
crime and
entry into a house in
prescribing a penalty therefore.
robbery with the use of force upon
things;
d. Fraud in estafa; Example: “That the crime be committed by
e. Deceit in simple seduction; means of fire, explosion” (Art. 14, par. 12) is
f. Ignominy in rape. in itself a crime of arson (Art. 321).

2. The same rule shall apply with respect to

5. Special – those which arise under
any aggravating circumstance inherent in
special conditions to increase the
the crime to such a degree that it must of
penalty of the offense and cannot be
necessity accompany the commission
offset by mitigating circumstances,
thereof (Art. 62, par. 2).

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Par. 1.That advantage be taken by

Example: Evident premeditation is inherent the offender of his public position.
in theft, robbery, estafa, adultery and
concubinage. Basis: Greater perversity of the
offender as shown.
3. Aggravating circumstances which arise: 1. By the means of personal
a. From the moral attributes of the offender; circumstance of the offender.
or 2. By the means used to secure the
b. From his private relations with the commission of the crime.
offended party; or
c. From any personal cause, shall only Applicable only when the offender is a
serve to aggravate the liability of the public officer.
principals, accomplices and accessories
as to whom such circumstances As a means by which he realizes his
are attendant (Art. 62, par. 3) even purpose, the public officer must use:
if there was conspiracy. (IPA) a. Influence,
b.Prestige or
4. The circumstances which consist: c. Ascendancy.
a.In the material execution of the act,
or It cannot be taken into consideration in
b.In the means employed to offenses where taking advantage of
accomplish it, shall serve to official position is an integral element
aggravate the liability of those of a crime.
persons only who had knowledge Example: Malversation under Art. 217
of them at the time of the execution
of the act or their cooperation There must be deliberate intent to use
therein. the IPA thus when coupled with
circumstances where intent is lacking
Exception: When there is proof of (i.e., the crime was attendant of
conspiracy in which case the act of negligence, passion or obfuscation,
one is deemed to be the act of all, vindication, or sufficient provocation)
regardless of lack of knowledge of this aggravating circumstance cannot
the facts constituting the be appreciated.
circumstance. (Art. 62, par. 4)
It is also inherent in the case of accessories
5. Aggravating circumstances, under Art. 19, par. 3 (harboring, concealing, or
regardless of its kind, should be assisting in the escape of the principal of the
specifically alleged in the crime), and in crimes committed by public
information AND proved as fully as officers (Arts. 204-245).
the crime itself in order to increase
the penalty. (Sec. 9, Rule 110, RA 7659 provides that crimes committed by a
2000 Rules of Criminal public officer will be given the penalty
Procedure)Such circumstances are prescribed at its maximum, regardless of the
not presumed (People v. Legaspi, nature and number of mitigating
G.R. Nos. 136164-65, April 20, circumstances.
2001).
Par. 2.That the crime be committed in
6. When there is more than one contempt of or with insult to the public
qualifying aggravating circumstance authorities.
present, one of them will be
appreciated as qualifying Basis: Greater perversity of the offender as
aggravating while the others will be shown by his lack of respect for the public
considered as generic aggravating. authorities.
ARTICLE 14 Requisites: (ExNoKP)
AGGRAVATING CIRCUMSTANCES 1. That the public authority is engaged in the
exercise of his functions;

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2. That the public authority is not the person offended party sex, not to the male
against whom the crime is committed; sex
3. The offender knows him to be a public
authority; and
4. His presence has not prevented the The four circumstances enumerated
offender from committing the criminal act. can be considered singly or together.

Teachers or professors of a public or If all the four circumstances are

recognized private school and lawyers are present, they have the weight of one
NOT “public authority” within the aggravating circumstance only.
contemplation of this paragraph.
Disregard of rank, age or sex is
Par 2 of Art. 14does NOT apply when crime is essentially applicable only to crimes
committed in the presence of an agent of a against person or honor and has
person in authority only. common denominator which is the
respect due to the offended
party
Notes:
Knowledge that a public authority is present is
essential. Lack of such knowledge indicates Offender must deliberately offend the
lack of intention to insult the public authority. rank, age or sex of the offended party.

If crime committed is against the public There must be a difference in the

authority while in the performance of his duty, social condition of the offender and the
the offender commits direct assault without offended party.
this aggravating circumstance.
The aggravating circumstance of
Par. 3.That the act be committed: disregard of rank, age, or sex is
1. With insult or in disregard of the respect NOT applicable in the following
due the offended party on account of his cases: 1. When the offender acted
a. rank, with passion and obfuscation.
b.age, or 2. When there exists a relationship
between the offended party and the
c. sex, or
offender.
2. That it be committed in the dwelling of
3. When the condition of being a
the offended party, if the latter has not
woman is indispensable in the
given provocation. commission of the crime (e.g.
abduction, seduction and rape).
Basis: Greater perversity of the offender as
shown by:
Dwelling
1.personal circumstances of the
It must be a building or structure,
offended party and
EXCLUSIVELY USED FOR REST
2.the place of the commission of the
AND COMFORT. A “combination of a
crime
house and a store” or a market stall
where the victim slept is not a dwelling.
Definitions:
Dwelling includes dependencies, the
The designation or foot of the staircase and enclosure
title of distinction under the house.
Rank of the used to fix the
offended party relative position of The aggravating circumstance of
the offended party in dwelling requires that the crime be
wholly or partly committed therein or in
reference to others any integral part thereof.
May refer to old age
Age of the
or the tender age of Dwelling does not mean the permanent
offended party
the victim residence or domicile of the offended party or
Sex of the Refers to the female that he must be the owner thereof. He must,

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however, be actually living or dwelling therein The provocation must also have a close
even for a temporary duration or purpose. It is relation to the commission of the crime in the
not necessary that the accused should have dwelling.
actually entered the dwelling of the victim to
commit the offense (i.e. triggerman fired the Reason: When it is the offended party who
shot from outside the house, his victim was has provoked the incident, he loses his right to
inside). the respect and consideration due him in his
own house.
Even if the killing took place outside the Dwelling is NOT aggravating in the
dwelling, it is aggravating provided that the following cases:
commission of the crime begun in the 1.When both the offender and the
dwelling. offended party are occupants of the
same house.
In People v. Balansi (187 SCRA 566, 1990) it Exception: In case of adultery in the
was held that the victim need not be the owner conjugal dwelling, the same is
or occupant of the dwelling where he was aggravating. However, if the
shot. paramour also dwells in the conjugal
dwelling, the applicable aggravating
Dwelling is not included in the qualifying circumstance is abuse of confidence.
circumstance of treachery.
2. When robbery is committed by the
What aggravates the commission of the use of force upon things, dwelling is
crime in one’s dwelling: not aggravating because it is
1. The abuse of confidence which the inherent.
offended party reposed in the offender by
opening the door to him; or But dwelling is aggravating in robbery
2. The violation of the sanctity of the home by with violence against or intimidation
trespassing therein with violence or against of persons because this class of
the will of the owner. robbery can be committed without
the necessity of trespassing the
Dwelling was found aggravating in the sanctity of the offended party’s
following cases although the crime was house.
committed NOT in the dwelling of the
victims: 3.In the crime of trespass to dwelling, it
1. The victim was raped in the boarding house is inherent or included by law in
where she was a bedspacer; defining the crime.
2. The victims were raped in paternal home 4.When the owner of the dwelling gave
where they were guests at that time; sufficient and immediate provocation.
3. The victims, while sleeping as guests in the 5. The victim is not a dweller of the
house of another person, were shot to house.
death.
Par. 4.That the act be committed
Note: The Code speaks of “dwelling” NOT with
domicile. 1.Abuse of confidence, or
2.Obvious ungratefulness.
Meaning of provocation in the aggravating
circumstance of dwelling: The provocation Basis: Greater perversity of the
must be: (GSI) offender as shown by the means and
1.Given by the owner of the dwelling, ways employed.
2.Sufficient, and
3.Immediate to the commission of the crime. Par. 4 provides two aggravating
circumstances which, if present in the
If all these conditions are present, it is NOT an same case must be independently
aggravating circumstance. appreciated.

Requisites of abuse of confidence:

(TAF)

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1.That the offended party had Trusted People vs. Jaurigue (76 Phil. 174, 182) – there
the offender; must be intention to desecrate the place
2.That the offender Abused such trust dedicated to public religious worship and hold
by committing a crime against the said worship regularly in said place.
offended party;
3.That the abuse of confidence The President or Chief Executive need not be
Facilitated the commission of the in the Palace to aggravate the liability of the
crime. offender under no. 2 above. As long as he was
present, and his presence is known to the
The confidence between the offender accused when he did the crime, there is
and the offended party must be aggravating circumstance.
immediate and personal.
Except for the third which requires that official
It is not a mere betrayal of trust, since functions are being performed at the time of
the offended party must be the one the commission of the crime, the other places
who actually reposed his confidence in mentioned are aggravating per se even if no
the offender. official Par. 5. Where
duties or
Note: Abuse of confidence is acts of Public
inherent in: (STEM) a. qualified religious Authorities are Par. 2. Contempt
seduction (Art. 337). worship Engaged in the or
b.qualified theft (Art. 310); are Discharge of their Insult to Public
c. estafa by conversion or being Duties Authorities
misappropriation (Art. 315); and Public authorities are in the performance
d.malversation(Art. 217); of their duties
Place where publi c duty is performed
Requisites of obvious ungratefulness: In their office Outside of their
(TAOU) office
1. That the offended party had trusted the The offen ded party
offender; May or may not be Public authority
2. That the offender abused such trust by the public authority should not be the
committing a crime against the offended
party; offended party.
3. That the act be committed with obvious conducted there.
ungratefulness.
Cemeteries are not considered as place
The ungratefulness contemplated by par. 4 dedicated to the worship of God.
must be such obvious, clear and manifest
ingratitude on the part of the accused. Offender must have intention to commit a
crime when he entered the place.
Par. 5.That the crime be committed:
1 In the palace of the Chief Executive, or An electoral precinct or polling place during
2. In his presence, or election day is a place “where public
3. Where public authorities are engaged in authorities are engaged in the discharge of
the discharge of their duties, or their duties”.
4. In a place dedicated to religious
worship.
Par. 6.That the crime be committed
Basis: Greater perversity of the offender as 1. In the nighttime, or
shown by the place of the commission of the 2. In an uninhabited place, or
crime, which must be respected. 3. By a band, whenever such
circumstance may facilitate the
Must be dedicated to public religious worship; commission of the offense.
private chapels not included.

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 One where there are
no houses at all; a
CRIMINAL LAW BOOKplace
ONE at a
considerable
Uninhabited place
distance from town,
Basis: On the time and place of the (despoblado)
commission of the crime and means or where the houses It is
and ways employed. are scattered at a
great distance from
There are three aggravating each other.
circumstances in this paragraph
Whenever more
When present in the same case and than three (i.e. at
their element are distinctly palpable least four) armed
and can subsist independently, they malefactors shall
shall be considered separately. have acted together
Band (en cuadrilla)
in the commission of
Not applicable when the mitigating
an offense, it shall
circumstances of passion or
obfuscation or sufficient provocation be deemed
are present in the commission of the committed by a
crime. band.
necessary that the commission of the crime
When nighttime, was begun and completed at nighttime.
uninhabited place or
band aggravating: When the place of the crime is illuminated by
1. When it facilitated the commission light, nighttime is not aggravating.
of the crime Illumination may come from moon, torch, or
(objective); or gasera.
2. When especially sought for by the
offender to insure the commission It cannot be applied to cases involvingan
of the crime or for the purpose of accidental meeting, a chance encounter or
impunity (subjective); or spurs of the moment.
3. When the offender took
advantage thereof for the purpose Circumstance of nocturnity, although not
of impunity (subjective). specially sought for, shall aggravate criminal
liability if it facilitated the commission of the
That period of offense or the offender took advantage of
darkness beginning the same to commit the crime.
Nighttime at end of dusk and
It is not considered as an aggravating
(obscuridad) ending at dawn. circumstance when the crime began at
Nights are from daytime. The commission of the crime
sunset to sunrise. should begin and end at nighttime.

1. Nighttime General Rule: Nighttime is absorbed in

treachery.
Exception: Where both the treacherous
mode of attack and nocturnity were
deliberately decided upon in the same case,
they can be considered separately if such
circumstances have different factual bases.
In People vs. Berdida (G.R. No. L-20183;
June 30, 1966), the Supreme Court ruled
that “inasmuch as the treachery consisted in
the fact that the victims' hands were tied at
the time they were beaten, the circumstance
of nighttime is not absorbed in treachery, but
can be perceived distinctly therefrom, since
the treachery rests upon an independent
factual basis. A special case therefore is

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 CRIMINAL LAW BOOK ONE

present to which the rule that nighttime is thereafter committed, it cannot be

absorbed in treachery does no apply.” considered as an aggravating
circumstance.
2.Uninhabited place
The determining factor for the existence of Par. 7.That the crime be committed
this circumstance is the reasonable on the occasion of a conflagration,
possibility of the victim receiving or securing shipwreck, earthquake, epidemic or
aid from third persons. other calamity or misfortune.

This should not be considered when Basis: The time of the commission of
the place where the crime was the crime.
committed could be seen and the
voice of the deceased could be Reason for the aggravation:
heard from a nearby house. In the midst of a great calamity, the
offender, instead of lending aid to the
It must appear that the solitude of the afflicted, adds to their suffering by
place where the crime was taking advantage of their misfortune to
committed was sought in order to despoil them. It is necessary that the
better attain the purpose. It cannot offender took advantage of the
be applied in cases of chance calamity or misfortune.
encounters.
“Other calamity or misfortune” – refers
3.Band to other conditions of distress similar to
The four armed persons those preceding in the enumeration.
contemplated in this circumstance
must ALL be principals by direct There should be deliberate intent to take
participation who acted together in advantage of this circumstance. It is
the execution of the acts constituting inapplicable to cases attendant of negligence
the crime. In this case, conspiracy is or carelessness, passion of obfuscation and
presumed. chance encounters
If one of them was a principal by
inducement, the aggravating Par. 8.That the crime be committed with the
circumstance of having acted with aid of:
the aid of armed men may be 1.Armed men, or
considered. 2.Persons who insure or afford impunity.
It absorbs the aggravating Basis: means and ways of committing the
circumstances of abuse of superior crime
strength and use of firearms (except
when the firearm has no license or Requisites:
there is a lack of license to carry the 1.That armed men or persons took part in the
firearm) if they are present in the commission of the crime, directly or
commission of the crime. indirectly;
2.That the accused availed himself of their aid
This aggravating circumstance is not or relied upon them when the crime was
applicable in crimes against chastity, committed.
but is considered in crimes against
property, crimes against persons,
“Armed” – equipped with a weapon (Black’s
illegal detention, and treason.
Law
Dictionary)
This aggravating circumstance is
This requires that the armed men are
inherent in brigandage.
ACCOMPLICES who take part in that minor
capacity directly or indirectly, and not when
“Arm” may even refer to stone. they were merely present at the crime scene.
Neither should they constitute a band, for then
When the armed men met up the
casually with others, and a crime was

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proper aggravating circumstance would be “by

a band.” Basis: Greater perversity of the
offender, as shown by his inclination to
When this aggravating circumstance shall crimes
NOT be considered:
1. When both the attacking party and the party Recidivist
attacked were equally armed. He is one who, at the time of his trial
2. When the accused as well as those who for one crime, shall have been
cooperated with him in the commission of previously convicted by final judgment
the crime acted under the same plan and of another crime embraced in the same
for the same purpose. title of the RPC

Par. 8. “With the Note: A Recidivist is entitled to the

Par. 6 “By a benefits of the Indeterminate Sentence
Aid of Armed
Band” Law but is disqualified from availing
Men” credit of his preventive imprisonment.
As to the ir number
Requires more At least two Requisites: (TC2S)
than three 1.That the offender is on trial for an
offense;
armed
2.That he was previously convicted by
malefactors (i.e., final judgment of another crime;
at least 3.That the offender is convicted of the
four) new offense;
As to th eir action 4.That both the first and the second
offenses are embraced in the Same
Requires that more This circumstance title of the Code.
than three armed is present even if
malefactors shall one of the Meaning of “at the time of his trial
have acted offenders merely for one crime” a. It is employed in
together in the relied on their aid, its general sense.
commission of an for actual aid is not b. It is meant to include everything that
is done in the course of the trial,
offense. necessary. from arraignment until after
As to the ir liability sentence is announced by the judge
Band members are Armed men are in open court.
all principals. mere accomplices. c. In recidivism, it is sufficient that the
succeeding offense be committed
after the commission of the
Mere moral or psychological aid or reliance is
preceding offense provided that at
sufficient to constitute this aggravating
the time of his trial for the second
offense.
offense, the accused had already
been convicted of the first offense.
If there are four armed men, aid of d. If both offenses were committed on
armed men is absorbed in employment the same date, they shall be
of a band. considered as only one, hence, they
cannot be separately counted in
“Aid of armed men” includes “armed order to constitute recidivism. Also,
women” (People vs. judgments of convicted handed
Licop, 94 Phil. 839, 846). down on the same day shall be
considered as only one conviction.
Persons who insure or afford impunity e. To prove recidivism, it is necessary
must have or be in a position to afford to allege the same in the information
impunity (ex. A judge) and to attach thereto certified copy
of the sentences rendered against
Par. 9.That the accused is a the accused.
recidivist (reincidencia)

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 CRIMINAL LAW BOOK ONE

f. Recidivism must be taken into b.For two or more crimes to which it

account no matter how many years attaches a lighter penalty than that for the
have intervened between the first new offense; and
and second felonies. 3. That he is convicted of the new offense.
g. Even if the accused was granted a
pardon for the first offense, but he If the second offense or crime is punishable
commits another felony embraced in under a special law, it cannot be considered
the same title of the Code, the first under reiteracion because Arts. 13, 14 and 15
conviction is still counted to make him a of the RPC are not applicable to special law
recidivist, since pardon does not obliterate crimes.
the fact of his prior conviction.
h. Example of a recidivist is when the Reiteracion Recidivism
accused was convicted previously of
homicide and was now convicted of As to the f irst offense
the crime of rape. Both are under It is necessary that It is enough that a
Title Eight of Book Two of the RPC, the offender shall final judgment has
Crimes against persons. have served out been rendered in
i. RA 8353 also known as Anti-Rape
his sentence for the first offense.
Law of 1997 reclassified rape as
Crime against persons. the first
offense.
When the accused is granted:
Pardon Amnesty
Even if the In the case of
As to the kind of offenses involved
accused was amnesty which
The previous and Requires that the
granted a pardon theoretically
subsequent offenses be
for the first offense, considers the
offenses must not included in the
the first conviction previous
be embraced in the same title of the
is still counted to transgressions as
same title of the Code.
make him a not punishable.
Code.
recidivist since According to Art.
As to fr equency
pardon does not 89, amnesty
Not always Always to be taken
obliterate the fact extinguishes the
an into consideration
of his prior penalty and all its aggravating in fixing the penalty
conviction. effects. circumstance. to be imposed
Par. 10. That the offender has been upon the accused.
previously punished
1. For an offense to which the law attaches Four forms of repetition
an equal or greater penalty or Where a person, on
2. For two or more crimes to which it Recidivism (par. separate occasions,
attaches a lighter penalty. 9,Art. 14) – is convicted of two
Generic offenses embraced
Basis: Greater perversity of the offender as Aggravating
shown by his inclination to crimes in the same title in
Circumstance the RPC.
Requisites of reiteracion or habituality: Where the offender
(TPC) has been previously
1. That the accused is on trial for an offense; Reiteracion or
Habituality(par. punished for an
2. That he previously served sentence for
10, offense to which the
another offense to which the law attaches
(not the penalty actually imposed): Art. 14) – Generic law attaches an
a.Equalor greater penalty, or Aggravating equal or greater
Circustance penalty or for two

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 CRIMINAL LAW BOOK ONE

crimes to which it To consider this circumstance, the price,

attaches a lighter reward or promise must be the primary reason
or primordial motive for the commission of the
penalty. crime.
Where a person
within a period of Whose liability is aggravated:
ten years from the If Alleged as a If Alleged as
date of his release General Qualifying
Multi-recidivism or last conviction of Circumstance Circumstance
or the crimes of Only the liability of Both the liability of
Habitual serious or less the receiver is the giver and the
delinquency affected. receiver are
(Art. 62, par, 5) – serious physical
injuries, robbery, affected.
Extraordinary
Aggravating theft, estafa or
Circumstance There must be two or more principals, the one
falsification, is found
who gave or offered the price or promise and
guilty of the said the one who accepted it, both of whom are
crimes a third time principals.
or oftener.
Where a person If without previous promise it was given
commits felony voluntarily after the crime had been
committed, it should not be taken into
Quasi-recidivism before beginning to consideration for the purpose of increasing the
(Art. 160) – serve or while penalty.
Special serving sentence on
Aggravating a previous The price, reward or promise need not consist
Circumstance conviction for a of or refer to material things or that the same
were actually delivered.
felony.
It is sufficient that the offer made by the
Since reiteracion provides that the principal by inducement be accepted by the
accused has duly served the sentence principal by direct participation before the
for his previous conviction/s, or is commission of the offense.
legally considered to have done so,
quasi-recidivism cannot at the same Par. 12. That the crime be committed by
time constitute reiteracion, hence this means of
aggravating circumstance cannot apply
(FIPE-SAD)
to a quasirecidivist.
1. Fire,
2. Inundation,
If the same set of facts constitutes recidivism
3. Poison,
and reiteracion, the liability of the accused
should be aggravated by recidivism which can 4. Explosion,
easily be proven. 5. Stranding of a vessel or intentional
damage thereto,
The court must exercise its discretion in 6. By the use of any other artifice involving
applying this aggravating circumstance in great waste and ruin, or
favor of the accused. 7. Derailment of a locomotive.

Par. 11.That the crime be committed in Basis: Means and ways employed
consideration of a price, reward or Inundation
promise. It refers to use of water or causing the
water to flood in the commission of the
Basis: Greater perversity of the offender, as offense.
shown by the motivating power itself
When another aggravating
circumstance already qualifies the

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crime, any of these aggravating Par. 13. That the act be committed
circumstances shall be considered as with evident premeditation
generic aggravating circumstance only.
Basis: Reference to the ways of
When there is no actual design to kill a committing the crime because evident
person in burning a house, it is plain premeditation implies a deliberate
arson even if a person is killed. Had planning of the act before executing it.
there been an intent to kill, the crime
committed is murder, qualified by Requisites:
circumstance that the crime was The prosecution must prove – (TADS)
committed “by means of fire”. 1. The time when the offender
determined to commit the crime;
“Fire,” “explosion,” and “derailment of 2. An act manifestly indicating that the
locomotive” may be part of the culprit has clung to his determination;
definition of a particular crime, such as, 3. The date and time when the crime was
arson, crime involving destruction, and committed, to compute the lapse of time;
damages and obstruction to means of and
communication. In these cases, they 4. A sufficient lapse of time between the
do not serve to increase the penalty. determination and execution, to allow him to
reflect upon the consequences of his act and
A killing committed through any of to allow his conscience to overcome the
these qualifies the crime to murder, resolution of his will.
except if arson was resorted to but
without intent to kill, in view of P.D. Essence: The execution of the criminal act is
1613 which provides a specific penalty preceded by cool thought and reflection upon
for that situation. the resolution to carry out the criminal intent
within a space of time sufficient to arrive at a
Par. 7 “On calm judgment (People vs. Abadies, GR No.
the 135975, August 14, 2002).
Par. 12 “By Means
Occasion of
of Inundation, There must be sufficient time between the
a
Fire, etc.” Conflagration, outward acts and the actual commission of the
Shipwreck, etc. crime.
The crime is The crime is
Evident premeditation is presumed to exist
committed by committed on the when conspiracy is directly established
means of any such occasion of a (People vs. Sapigao, et. al., GR No. 144975,
acts involving calamity or June 18, 2003).
great waste misfortune.
or ruin. Premeditation is absorbed by reward or
promise but only insofar as the inducer is
concerned since he obviously reflected
Rules as to the use of fire: thereon in planning the crime but not the
Act of the Crime Committed person induced since one can be a principal
Accused by direct participation without the benefit of
Intent was only to Simple arson but due reflection.
burn but somebody with a specific
penalty In order for evident premeditation to exist, the
died
(Art.326) person premeditated against must be the
If fire was used as Murder same victim of the crime. It is not necessary
that the victim is identified. It is sufficient that
a means to kill the victim is determined so as he belongs to a
If fire was used to Separate crimes of group or class that may be premeditated
conceal the killing arson and murder/ against (Ortega, 2009).
homicide
If the offender premeditated on the killing of
any person, it is proper to consider against the

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offender the aggravating circumstance of is present. victim constitutes

premeditation, because whoever is killed by craft.
him is contemplated in his premeditation.
This is characterized by the intellectual or
Evident premeditation, while inherent in mental rather than the physical means to
robbery, may be aggravating in robbery with which the criminal resorts to carry out his
homicide if the premeditation included the design.
killing of the victim.
It is a general rule that evident premeditation is Fraud
not applicable in error in personae or aberratio According to Justice Regalado, the fine
ictus, except if there was a general plan to kill distinctions between “craft” and “fraud”
anyone to commit the crime premeditated. would not really be called for as these
terms in Art. 14 are variants of means
Evident premeditation is compatible with the employed to deceive the victim and if
mitigating circumstance of immediate all are present in the same case, they
vindication of a relative for a grave offense. shall be applied as a single
aggravating circumstance.
Craft and fraud may be absorbed in
Par. 14 – That (CFD) treachery if they have been
1.Craft, deliberately adopted as the means,
2.Fraud, or methods or forms for the treacherous
3.Disguise be employed strategy, or they may co-exist
independently.
There are three aggravating
circumstances under this paragraph. Fraud is inherent in estafa

Basis: Means employed in the Disguise

commission of the crime The test of disguise is whether the
device or contrivance resorted to by
Involves the use of the offender was intended to or did
intellectual trickery or make identification more difficult, such
Craft(astucia) as the use of a mask or false hair or
cunning on the part of beard.
the accused to aid in
the execution of his Par. 15.That
criminal design. 1.Advantage be taken of superior strength,
Insidious words or
2.Means be employed to weaken the
or machinations
Fraud (fraude) defense.
used to
induce the victim to act There are two aggravating circumstances
in a manner which under this paragraph.
would enable the
offender to carry out Basis: Means employed in the commission of
the crime.
his design.
Disguise Resorting to any Par. 15 enunciates two aggravating
(disfraz) device to conceal circumstances either of which qualifies a killing
identity. to murder.

Fraud Craft To deliberately use

excessive force that is
Where there is a The act of the
out of proportion to
direct inducement by accused done in the means for self-
Advantage be
insidious words or order not to arouse defense available to
taken
machinations, fraud the suspicion of the the person attacked.

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(People vs. Lobrigas, Appreciated when The gravamen of

et. al., GR No. the offense is abuse of superiority
147649,
committed by is the taking
December 17, 2002)
more than three advantage by the
The offender employs
Means employed means that materially armed culprits of their
to weaken weakens the resisting malefactors collective strength to
defense regardless of the overpower their
power of the offended
comparative rela- tively weaker
party.
strength of the victim or victims.
No advantage of superior strength in the victim or victims.
following: What is taken into
1. One who attacks another with passion and account here is not
obfuscation does not take advantage of his the number of
superior strength. aggressors nor the
2. When a quarrel arose unexpectedly and the
fatal blow was struck at a time when the fact that they are
aggressor and his victim were engaged armed, but their
against each other as man to man. relative physical
strength vis-a vis
For abuse of superior strength, the test is the the offended party.
relative strength of the offender and his victim,
whether or not he took advantage of his
Abuse of superior strength absorbs
greater strength.
cuadrilla(“band”).
When there are several offenders participating
Note: The means employed may
in the crime, they must all be principals by
amount to treachery when the victim is
direct participation and their attack against the
not able to put up any sort of
victim must be concerted and intended to be
resistance.
so.
Abuse of superior strength is inherent in the
crime of parricide where the husband kills the Examples of “means employed to
wife. weaken defense”:
1. Where one, struggling with another,
suddenly throws a cloak over the
Abuse of superior strength is also present
head of his opponent and while in
when the offender uses a weapon which is out
this situation he wounds or kills him.
of proportion to the defense available to the
offended party. 2. One who, while fighting with another,
suddenly casts sand or dirt upon the
latter eyes and then wounds or kills
When the victim was alternately attacked,
him.
there is no abuse of superior strength.
This circumstance is applicable only to
Abuse of Superior crimes against persons, and
By a Band
Strength sometimes against person and
property, such as robbery with physical
injuries or homicide.

Par. 16.That the act be committed

with treachery (alevosia).

Basis: Means and ways employed in

the commission of the crime

Treachery (alevosia)

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It is present when the offender commits 3. Was the mode of the attack deliberately or
any of the crimes against person, consciously adopted by the accused to
employing means, methods or forms in insure execution without risk to himself? If
the execution thereof which tend the answers to all these questions is YES,
directly and specially to insure its then treachery is present.
execution, without risk to himself
arising from the defense which the When must treachery be present:
offended party might make. 1. When the aggression is continuous,
treachery must be present in the
Requisites of treachery: BEGINNING of the assault (People vs.
1. That at the time of the attack, the Manalad, GR No. 128593, August 14,
victim was not in a position to 2002).
defend himself; and 2. When the assault was not continuous, in
2. That the offender consciously that there was interruption, it is sufficient
adopted the particular means, that treachery was present at the moment
method or form of attack employed the fatal blow was given (US vs.
by him. Baluyot, 40 Phil 385, 1919).

The TEST of treachery is not only the relative Hence, even though in the inception of the
position of the parties but, more specifically, aggression which ended in the death of the
whether or not the victim was forewarned or deceased, treachery was not present, if
afforded the opportunity to make a defense or there was a break in the continuity of the
to ward off the attack. aggression and at the time of the fatal
wound was inflicted on the deceased he
Rules regarding treachery: was defenseless, the circumstance of
1. Applicable only to crimes against treachery must be taken into account.
persons.
2. Means, methods or forms need not Alevosia should be considered even
insure accomplishment of crime. if:
3. The mode of attack must be 1. The victim was not predetermined
consciously adopted. but there was a generic intent to
treacherously kill any first two
Treachery is taken into account even if the persons belonging to a class. (The
crime against the person is complexed with same rule obtains for evident
another felony involving a different premeditation).
classification in the Code. 2. There was aberratio ictus and the
bullet hit a person different from that
The suddenness of attack does not, of itself, intended.
suffice to support a finding of alevosia, even if 3. There was error in personae, hence
the purpose was to kill, so long as the decision the victim was not the one intended
was made all of a sudden and the victim’s by the accused.
helpless position was accidental.
Reason for the rule: When there is
Treachery must be appreciated in the killing of treachery, it is impossible for either the
a child even if the manner of attack is not intended victim or the actual victim to
shown. defend himself against the aggression.

Treachery is appreciated when the accused Treachery absorbs (CAN-ACE)

employed means to render the victim 1.Craft
defenseless before the commission of the 2.Abuse of superior strength
crime, or to eliminate the risk of defense on 3.Nighttime
the part of the offended party. 4.Aid of armed men
5.Cuadrilla (“band”)
Important questions to answer: 6.Employing means to weaken the
1. Was the attack sudden and unexpected? defense
2. Did the offended party have opportunity to
defend himself?

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Treachery cannot co-exist with passion audacity; hence, the law punishes him with
or obfuscation (People vs. Pansensoy, more severity.
GR No. 140634, Sept. 12, 2002).
Unlawful entry is inherent in:
Par. 17.That means be employed or 1.Robbery with the use of force upon things;
circumstances brought about which 2.Trespass to dwelling.
add ignominy to the natural effects
of the act. Par. 19 .That as a means to the
commission of a crime, a (WaRooFDoW)
Basis: Means employed 1.Wall,
2.Roof,
Ignominy 3.Floor,
It is a circumstance pertaining to the 4.Door, or
moral order, which adds disgrace and 5.Window be broken.
obloquy to the material injury caused
by the crime Basis: Means and ways employed to commit
the crime
Note: This is inherent in libel and acts
of lasciviousness. This circumstance is aggravating only in those
cases where the offender resorted to any of
Meaning of “which add ignominy to said means to enter the house.
the natural effects thereof”
The means employed or the Par. 19 Par. 18
circumstances brought about must
tend to make the effects of the crime It involves the Presupposes that
more humiliating to victim or to put the breaking there is no such
offended party to shame, or add to his (rompimiento) of breaking as by
moral suffering (People vs. Carmina,
the enumerated entry through the
G.R.
No. 81404, January 28, 1991). parts of the house. window

Injured party must not be dead when If the offender broke a window to enable
the act causing ignominy was inflicted himself to reach a purse with money on the
to him. table near that window, which he took while
his body was outside of the building, the crime
Applicable to: of theft was attended by this aggravating
a.Crimes against chastity, circumstance. It is not necessary that the
b.Less serious physical injuries, offender should have entered the building.
c. Light or grave coercion, and
d.Murder. Par. 20. That the crime be committed:
1. with the aid of persons under fifteen
Par. 18.That the crime be committed after years of age, or
an unlawful entry. 2. by means of motor vehicles, airships, or
other similar means.
Basis: Means and ways employed to commit
the crime Basis: Means and ways employed to commit
the crime Two different
Unlawful entry circumstances grouped in
It is when an entrance (and not for escape) this paragraph:
is effected by a way not intended for the 1. With the aid of persons under fifteen
purpose. years of age.

Reason for aggravation: One who acts, not Tends to repress, so far as possible,
respecting the walls erected by men to guard the frequent practice resorted to by
their property and provide for their personal professional criminals to avail
safety, shows a greater perversity, a greater themselves of minors taking
advantage of their irresponsibility.

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2. By means of motor vehicles, Number of wounds alone does not show

airships, or other similar means. cruelty, it being necessary to show that the
accused deliberately and inhumanly increased
Intended to counteract the great the sufferings of the victims (People v.
facilities found by modern criminals Aguinaldo, 55 Phil. 610, 615-616).
in said means to commit crime and
flee and abscond once the same is If the victim was already dead when the acts of
committed. mutilation were being performed, this would
also qualify the killing to murder due to
Use of motor vehicle is aggravating outraging of his corpse. But since the victim is
where the accused purposely and already dead, cruelty cannot be appreciated in
deliberately used the motor vehicle this case.
in: a. going to the place of the crime,
b.carrying away the effects thereof, Ignominy (Par.17) Cruelty (Par. 21)
and Involves Refers to
c. in facilitating their escape. moral physical
suffering suffering
Meaning of “or other similar means”
Should be understood as referring to
motorized vehicles or other efficient Unlike mitigating circumstances (par. 10, Art.
means of transportation similar to 13), there is no provision for aggravating
automobile or airplane. circumstances of a similar or analogous
character.
Par. 21.That the wrong done in the
Other Aggravating Circumstances Under
commission of the crime be
Special
deliberately augmented by causing
other wrong not necessary for its Penal Laws
commission.
When a crime is
Basis: Ways employed to commit the committed by an
crime R.A 9165, offender who is
Comprehensive
under the
Cruelty Dangerous Drugs
influence of
It is cruelty when the culprit enjoys and Act of 2002
delights in making his victim suffer dangerous drugs,
slowly and gradually, causing such state shall be
unnecessary physical pain in the considered as a
consummation of the criminal act. qualifying
aggravating
Requisites of cruelty:
1. That the injury caused be circumstance.
deliberately increased by causing 1. (Sec. 1, par.3)
other wrong; If homicide or
2. That the other wrong be murder is
unnecessary for the execution of the committed
purpose of the offender. with the use of
an unlicensed
Unlicensed firearm, such
Cruelty is inherent in:
a.Crimes against persons use of an
1866 as unlicensed
b.Mutilation by R.A. firearm shall
There must be positive proof that the be considered
Use of
wounds found on the body of the victim Firearm as an
were inflicted while he was still alive in aggravating
(PD
order to unnecessarily prolong physical circumstance.
suffering. No.

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 the death of a
person, the
same is
CRIMINAL LAW BOOK ONE
aggravating.
The maximum
amende 2. (Sec. 3) when Organized/ penalty shall be
d a person Syndicated imposed if the
8294)
commits any Crime Group offense was
crime under under committed by any
the Revised R.A. 7659 person who
belongs to an
Penal Code or
organized/
special laws
syndicated crime
with the use of
group.
explosives
Owner, driver or The penalty of life
including but passenger of imprisonment to
not limited to carnapped vehicle death is imposed.
pillbox, is
molotov killed or raped
cocktail
bombs, Specific Aggravating Circumstances
1. Violation of domicile (nighttime;
denotation papers and effects not returned
agents or immediately)
incendiary 2. Interruption of religious worship
devices (violence or threats)
resulting in 3. Direct assault (weapon, offender is a
public officer or employee; offender
lays hands upon a person in
authority)
4. Grave threats (in writing; thru a
middleman)
5. Slavery
6. Robbery with violence against or
intimidation of persons (uninhabited
place, band) EXCEPT: robbery with
homicide or robbery with rape
7. Robbery with force upon things
(uninhabited place and by a band)

ARTICLE 15
ALTERNATIVE CIRCUMSTANCES

Organized/syndicated crime group It is a Alternative Circumstances

group of two or more persons collaborating, Those which must be taken into
confederating or mutually helping one another consideration as aggravating or
for the purposes of gain in the commission of mitigating according to the nature and
any crime (Art. 23, R.A. 7659). effects of the crime and the other
conditions attending its commission.
Crimes involving gain or profit: (TERI)
1.Theft The alternative circumstances are: (RID)
2.Estafa 1.Relationship;
3.Robbery 2.Intoxication; and
4.Illegal Recruitment. 3.Degree of instruction and education of the
offender.
Thus syndicate is not aggravating in:
1.Homicide Relationship
2.Murder The alternative circumstance of relationship
3.Rape shall be taken into consideration when the
4.Physical Injuries

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 CRIMINAL LAW BOOK ONE

offended party is the – (SADBroSA) a.

Spouse,
b. Ascendant,
c. Descendant,
d. Legitimate, natural, or adopted brother or
sister, or
e. Relative by affinity in the same degree of
the offender.

Other relatives included:

a.The relationship of stepfather or
stepmother and stepson or stepdaughter.
Reason: It is the duty of the stepparents to
bestow upon their stepchildren a
mother’s/father’s affection, care and
protection.
b. The relationship of adopted parent and
adopted child.
But the relationship of uncle and niece is
not covered by any of the relationship
mentioned.

Application of Alternative Circumstances:

1. CRIMES AGAINST PROPERTY

Mitigating in the crimes against property

(RUFA): a. Robbery (Arts. 294-302),
b.Usurpation (Art. 312),
c. Fraudulent Insolvency(Art. 314)
d.Arson (Arts. 321-322, 325-326).

Exempting circumstance in the

crimes of: a. Theft,
b.Estafa, and
c. Malicious mischief if the offender and the
offended party lives together (Art. 332).

2. CRIMES AGAINST PERSONS

It is aggravating in crimes against persons in
cases where the offended party is a relative
of a higher degree than the offender, or
when the offender and the offended party
are relatives of the same level.

a. Serious physical injuries (Art. 263)

i. aggravating even if the offended party is
a descendant of the offender. But the
serious

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 CRIMINAL LAW BOOK ONE

physical injuries must not be inflicted by a Habitual Drunkard

parent upon his child by excessive He is one given to intoxication by excessive
chastisement. use of intoxicating drinks

b. Less serious physical injuries or slight To be mitigating, the accused’s state of

physical injuries: intoxication must be proved. Once
i. mitigating if the offended party is a relative of intoxication is established by satisfactory
a lower degree; and evidence, in the absence of proof to the
ii.aggravating if the offended party is a relative contrary, it is presumed to be non-habitual
of a higher degree of the offender. or unintentional.

c. Homicide or murder: relationship is c. Instruction or Education

aggravating regardless of degree As an alternative circumstance, does not
d. Rape: aggravating where a stepfather raped his refer only to literacy but more to the level of
stepdaughter or in a case where a father raped intelligence of the accused. It refers to the
his own daughter. lack of sufficient intelligence and knowledge
of the full significance of one’s acts
3. CRIMES AGAINST CHASTITY
Low degree of instruction and education or
a. Acts of lasciviousness (Art. 336) – lack of it is generally mitigating. High degree
relationship is always aggravating, of instruction and education is aggravating,
regardless of whether the offender is a when the offender took advantage of his
relative of a higher or lower degree of the learning in committing the crime.
offended party.
General Rule: Lack of sufficient education
When the qualification given to the crime is is mitigating.
derived from the relationship between the
offender and the offended party, it is neither Exceptions: (PCTMR)
mitigating nor aggravating, because it is Crimes against property;(e.g. arson, estafa,
inseparable from and inherent in the theft, robbery)
offense (e.g. parricide, adultery and i. Crimes against chastity;
concubinage). ii. Treason – because love of country
should be a natural feeling of every citizen,
b. Intoxication; When intoxication however unlettered or uncultured he may
mitigating and when aggravating: be; iii. Murder; and
iv. Rape (Malesa v. Aggravating
Mitigating Director of Prisons, 59 Phil. 406, 408).
If intoxication is not If intoxication
habitual is
TITLE Thabitual,
WO: PERSONSor CRIMINALLY
If intoxication is not If it is intentional
LIABLE FOR FELONIES
subsequent to the (subsequent to the
plan ARTICLE
to commit16a plan to commit a
felony felony) - drinks fully, WHO ARE CRIMINALLY LIABLE
knowing its effects,
to find a stimulant to 1.Principals
To be entitled to the mitigating
commit a crime or a circumstance 2.Accomplices
of intoxication, it must be shown: 3.Accessories
means
a. That at the to the
time of suffocate
commission of the
criminal any
act, remorse
the accused has taken such For light felonies:
quantity of alcoholic drinks as to blur his 1.Principals
reason and deprive him of a certain 2.Accomplices
degree of control; and Punishable ONLY WHEN consummated but in
b. That such intoxication is not habitual, or crimes against persons or property, light
subsequent to the plan to commit the felonies are punishable in attempted and
felony. frustrated stage but only principal and

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 CRIMINAL LAW BOOK ONE

accomplice are liable.

For grave and less grave felonies:

Accessories are NOT liable for light felonies.

Art. 16 applies only when the offenders are to
Reason: In the commission of light felonies, the be judged by their individual, and not
social wrong as well as the individual prejudice collective, liability.
is so small that penal sanction is deemed not
necessary for accessories.

The classification of the offenders as principal,

accomplice, or an accessory is essential under ARTICLE 17
the RPC. The classification may be applied to PRINCIPALS
special laws only if the latter provides for the Principal by Principal by Principal by
same graduated penalties as those provided
Direct Induction Indispensable
under the RPC.
Participation Cooperation
Two parties in all crimes: Those who Those who Those who
1. Active subject (the criminal) take a direct directly force cooperate in
Art. 16 enumerates the active subjects of the part in the or induce the commission
crime. execution of others to of the offense
the act. commit it. by another act
Only natural persons can be the active
without which it
subject of crime because of the highly
personal nature of the criminal responsibility. would not
have
Reasons: been
a. Under the RPC, persons act with personal accomplished.
malice or negligence, artificial persons
cannot act with malice or negligence. Par. 1.Principals by direct participation
b. A juridical person like a corporation cannot
commit a crime that requires willful purpose
Requisites:
or malicious intent.
1. That they participated in the criminal
c. There is substitution of deprivation of
resolution; and
liberty for pecuniary penalties in insolvency
cases. 2. That they carried out their plan and
d. Other penalties like destierro and personally took part in its execution by acts
imprisonment are which directly tended to the same end.
executed on individuals only.
When the second requisite is lacking, there is
only conspiracy.
2. Passive subject (the injured party)
The holder of the injured right: the man, the
juristic person, the group, and the State In conspiracy by prior agreement, the
principal by direct participation who does not
appear at the scene of the crime is NOT
Corporation and partnership can be a passive
subject of a crime. liable because:
a. His non-appearance is deemed desistance
which is favored and encouraged.
General rule:Corpses and animals cannot be
b. Conspiracy is generally not a crime unless
passive subjects because they have no rights
the law specifically provides a penalty
that may be injured.
therefor. (Art 8) Thus, by merely conspiring,
the would-be participator has not yet
Exception: Under Art. 253, the crime of committed any crime unless he would
defamation may be committed if the appear at the scene of the crime and
imputation tends to blacken the memory of perform any act directly or indirectly in the
one who is dead. accomplishment of the conspiracy.

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 CRIMINAL LAW BOOK ONE

c. There is no basis for criminal liability Irresistible Force

because there is It is such physical force as would produce
no criminal participation. an effect upon the individual that in spite of
all resistance, it reduces him to a mere
Meaning of “personally took part in its instrument.
execution” That the principal by direct
participation must be at the scene of the b.Causing uncontrollable fear.
commission of the crime, personally taking part
in its execution except when there is conspiracy Uncontrollable Fear
and the principal by direct participation has It is a compulsion by means of intimidation
already performed his part prior to the actual or threat that promises an evil of such
commission of the crime. gravity and eminence that the ordinary man
would have succumbed to it (U.S. vs.
Par. 2.Principals by induction Elicanal, 35 Phil 209, 212, 213, 1916).

Requisites: In these cases, there is no conspiracy, not

1. That the inducement be made directly with even a unity of criminal purpose and
the intention of procuring the commission of intention. Only the one using the force or
the crime; and causing the fear is criminally liable. The
2. That such inducement be the determining material executor is not criminally liable
cause of the commission of the crime by the because of Art. 12,pars. 5 and 6 (exempting
material executor. circumstances).

One cannot be held guilty of having instigated 2. By directly inducing another to commit a
the commission of the crime without first being crime by :
shown that the crime was actually committed a. Giving of price, or offering of reward or
(or attempted) by another. promise. The one giving the price or
offering the reward or promise is a principal
Thus, there can be NO principal by inducement by inducement while the one committing the
(or by indispensable cooperation) unless there crime in consideration thereof is a principal
is a principal by direct participation. But there by direct participation. There is collective
can be a principal by direct participation without criminal responsibility.
a principal by inducement (or by indispensable
cooperation). b.Using words of command
The person who used the words of
The inducement must be the determining cause command is a principal by inducement
of the commission of the crime by the principal while the person who committed the crime
by direct participation that is without such because of the words of command is a
inducement, the crime would not have been principal by direct participation.
committed. There is also collective criminal
responsibility.
The inducement must precede the act and must
be so influential, hence if there is a price or Requisites:
reward involved, without prior promise, there i. That the one uttering the words of
can be no inducement. command must have the intention of
procuring the commission of
If the crime committed is not contemplated in the crime;
the order given, inducement is not material and ii. That the one who made the command
not the determining cause thereof. must have an ascendancy or influence
over the person who acted;
Two ways of becoming principal by iii. That the words used must be so direct,
induction: so efficacious, so powerful as to amount
to physical or moral coercion;
1. By directly forcing another to commit a iv. The words of command must be uttered
crime by: prior to the commission of the crime;
a. Using irresistible force. and

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 CRIMINAL LAW BOOK ONE

v. The material executor of the crime has without criminal intent or malice, his acquittal is
no not a ground for the acquittal of the principal by
personal reason to commit the crime. inducement.

The inducement must precede the act induced Reason for the rule: In exempting
and must be so influential in producing the circumstances, such as when the act is not
criminal act that without it, the act would not voluntary because of lack of intent on the part
have been performed. of the accused, there is a crime committed, only
that the accused is not a criminal.
If the person who actually committed the crime
had reason of his own to commit the crime, it Par. 3. Principal by indispensable
cannot be said that the inducement was cooperation
influential in producing the criminal act.
Requisites:
Offender who Made 1. Participation in the criminal resolution, that
Principal by Proposal to Commit is, there is either anterior conspiracy or unity
Inducement a of criminal purpose and intention
Felony immediately before the commission of the
crime charged; and
In both a.Requires participation in the criminal
There is an inducem ent to commit a resolution
crime b.There must be conspiracy
W hen liable c. Concurrence is sufficient
Becomes liable The mere proposal to d.Cooperation is indispensable
2. Cooperation in the commission of the
only when the commit a felony is offense by performing another act, without
crime is punishable in treason which it would not have been accomplished.
committed by or rebellion. However, a.Cooperation must be indispensable
the principal by the person to whom b.If dispensable, accused is only an
direct the proposal is made accomplice
c. If cooperation is necessary in the
participation. should not commit the
execution of the offense, accused is
crime, otherwise, the considered as a principal by direct
proponent becomes a participation.
principal by
inducement. Meaning of “cooperation in the commission
What kind of crime involved of the offense”
To desire or wish in common a thing. But that
Involves any The proposal to be common will or purpose does not necessarily
crime punishable must mean previous understanding, for it can be
involve only treason, explained or inferred from the circumstances of
rebellion, insurrection each case.
or coup d’
etat. (TRIC) Collective Criminal Responsibility
This is present when the offenders are
Effects of acquittal of principal by direct criminally liable in the same manner and to the
participation upon liability of principal by same extent. The penalty to be imposed must
inducement: be the same for all.
a. Conspiracy is negated by the acquittal of co-
defendant. Principals by direct participation have collective
b. One cannot be held guilty of having criminal responsibility. Principals by induction,
instigated the commission of a crime without except those who directly forced another to
first being shown that the crime has been commit a crime, and principals by direct
actually committed by another. participation have collective criminal
responsibility. Principals by indispensable
But if the one charged as principal by direct cooperation have collective criminal
participation is acquitted because he acted

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responsibilities with the principals by direct

participation. One can be an accomplice even if he did not
know of the actual specific crime intended to be
Individual Criminal Responsibility committed by the principal, provided he was
In the absence of any previous conspiracy, aware that the objective of the acts he was
unity of criminal purpose and intention tasked to do was illicit.
immediately before the commission of the
crime, or community of criminal design, the The person charged as an accomplice should
criminal responsibility arising from different acts not have inflicted a mortal wound. If he inflicted
directed against one and the same person is a mortal wound, he becomes a principal by
individual and not collective, and each of the direct participation.
participants is liable only for the act committed
by him. In case of doubt, the participation of the
offender will be considered that of an
ARTICLE 18 accomplice rather than that of a principal.
ACCOMPLICES
Quasi Collective Responsibility
Accomplices It is one where some of the offenders in the
They are persons who, not acting as principals, crime are principals and the others are
cooperate in the execution of the offense by accomplices
previous and simultaneous acts, which are not
indispensable to the commission of the crime. Accomplice Conspirator
In both they know and agree with the
They act as mere instruments who perform acts
not essential to the perpetration of the offense. criminal design.
They come to know They come to
Requisites: about it after the know the criminal
1. That there be community of design; that is, principals have intention because
knowing the criminal design of the principal reached the they themselves
by direct participation, he concurs with the
latter’s purpose; decision, and only have decided upon
then do they agree such course of
Mere knowledge of the criminal resolution to cooperate in its action.
only and not concurrence or participation. execution.

2. That 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. That there be a relation between the acts
done by the principal and those attributed to
the person charged as an accomplice.

Note:
An accomplice is also known as accessory
before the fact.

The cooperation of an accomplice may

be: a. by previous act; and
b. by simultaneous acts.

His participation should only be necessary but

not indispensable.

Before there could be an accomplice, there

must be a principal by direct participation.

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 CRIMINAL LAW BOOK ONE

They are merely They are the b. By concealing or destroying the body,
instruments who authors of a crime. effects or
instruments of the crime to prevent its
perform acts not discovery.
essential to the
perpetration of the “Body of the crime” is equivalent to corpus
offense. delicti.

Requisites:
Principal by
i. The fact that the crime was committed;
Indispensable Accomplice and ii. The participation of the offender in
Cooperation the commission of the crime.
Cooperation must Cooperation is
be indispensable. dispensable. c. By harboring, concealing, or assisting in
Participation in the the escape of the principal of the crime,
Cooperates in the
criminal resolution, provided the accessory acts with abuse of
execution of the his public functions or whenever the
that is, there is offense by previous author of the crime is guilty of treason,
either anterior
or simultaneous parricide, murder, or an Attempt to take
conspiracy or unity
acts, with the the life of the Chief Executive, or is known
of criminal purpose
to be habitually guilty of some other crime.
and intention intention of
immediately before supplying material
the commission of Two classes of accessories contemplated in
or moral aid in the par. 3 of Art. 19:
the
crime charged execution of the 1. Public officers who harbor, conceal or assist
crime in an in the escape of the principal of any crime
efficacious way (not light felony) with abuse of his public
functions.
ARTICLE 19
Requisites:
ACCESSORIES
a. The accessory is a public officer;
b. He harbors, conceals, or assists in the
Accessories escape of the principal;
They are those who: c. The public officer acts with abuse of his
1. Having knowledge of the commission of the public functions; and
crime; and d. The crime committed by the principal is
2. Without having participated therein either as any crime,
principals or accomplices, take part provided it is not a light felony.
subsequent to its commission in any of the
following acts:
2. Private persons who harbor, conceal or
a. By profiting themselves or assisting the
assist in the escape of the author of the
offender to
crime who is guilty of treason, parricide,
profit by the effects of the crime.
murder, or attempts against the life of the
President, or who is known to be habitually
In profiting by the effects of the crime, the guilty of some other crime.
accessory must receive the property from
the principal. He should not take it without
Requisites:
the consent of the principal. If he took it
a. The accessory is a private person;
without the consent of the principal, he is
not an accessory but a principal in the b. He harbors, conceals or assists in the
crime of theft. escape of the author of the crime; and
c. The crime committed by the principal is
either: (MAP-HaT)
Knowledge of the commission of the crime
i. Murder;
after acquisition of stolen property is
sufficient. ii.An attempt against the life of the
President; iii. Parricide;
iv.That the principal is known to be
habitually guilty of some other crime; or

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v. Treason. It is an act, with intent to gain, of buying, selling,

receiving, possessing, keeping, or in any other
Where the alleged principal is acquitted, it is manner dealing in anything of value which a
neither proper nor possible to convict the person knows or should have known to be
defendant as an accessory. The responsibility derived from the proceeds of the crime of
of the accessory is subordinate to that of the robbery or theft.
principal in a crime.
Fence
HOWEVER, conviction of an accessory is He is a person who commits the act of fencing.
possible notwithstanding the acquittal of the A fence who receives stolen property as above-
principal, if the crime was in fact committed, but provided is not an accessory but a principal in
the principal was not held liable, because of an the crime defined in and punished by the Anti-
exempting circumstance (Art. 12), such as Fencing Law.
insanity or minority.
Mere possession of anything of value which has
Neither the letter nor the spirit of the law been the subject of robbery or theft shall be
requires that the principal be convicted before prima facie evidence of fencing.
one may be punished as an accessory. As long
as the corpus delicti is proved and the PENALIZING OBSTRUCTION OF
accessory’s participation as such is shown, he APPREHENSION
can be held criminally responsible and meted AND PROSECUTION OF CRIMINAL
out the corresponding penalty (Inovero vs. OFFENDERS PRESIDENTIAL
Coronel, CA, 65 O.G. DECREE 1829
3160).
P.D. 1829 penalizes the act of any person who
General rule: the prescribed acts of the knowingly or willfully obstructs, impedes,
accessory under par. 2 must have been frustrates or delays the apprehension of
intended to prevent the discovery of the suspects and the investigation and prosecution
crime; hence, mere silence is NOT of criminal cases.
punishable.
The acts enumerated under this decree are
Exceptions: commonly referred to as “OBSTRUCTION OF
a. If, however, the crime involved is JUSTICE.” It penalizes, inter alia, the act of
conspiracy to commit treason, his silence harboring or concealing, or facilitating the
may hold him liable for misprision of escape of any person he knows or has
treason (Art. 116) but as a principal reasonable ground to believe or suspect, has
thereof. committed anyoffense under existing penal
b. Knowingly concealing the evil practices laws in order to prevent his arrest, prosecution
enumerated in Art. 142 is also punishable and conviction. Here, he shall be punished as a
as a principal in Inciting to Sedition (Art. principal in the crime of obstruction of justice.
142).
Art. 19, RPC P.D. 1829
Where the accused misleads the authorities by
giving them false information, such act is The principal who The person who
equivalent to concealment and he should be was assisted was assisted
held as an accessory. committed only any committed any
of the enumerated crime.
felonies (MAPHaT)
unless the
accessory is a
public officer who
PRESIDENTIAL DECREE 1612 acts with abuse of
ANTI-FENCING LAW OF 1979 public functions.
The crime The crime
Fencing committed by the committed by the

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The public officer contemplated in par. 3 of Art.

19 is exempt by reason of relationship to the
principal, even if such public officer acted with
abuse of his official functions.

Reason: Ties of blood or relationship

constitutes a more powerful incentive than the
call of duty.

Note: The benefits of the exception in Art. 20

do not apply to PD 1829.
principal must be principal is
under the RPC. punishable under
any existing penal
law, including the
RPC.
The person who The person who
as an accessory in as a principal in the
gave assistance is gave assistance is
the offense crime of obstruction
punished punished
committed by the of justice..
principal.
Note: For further discussion on PD 1829, see
section on Special Penal Laws. TITLE THREE: PENALTIES

ARTICLE 20
CHAPTER ONE: PENALTIES IN
ACCESSORIES WHO ARE
GENERAL (ARTS. 21-24)
EXEMPT FROM CRIMINAL LIABLITY

The exemption provided for in this article is

based on the ties of blood and the preservation
of the cleanliness of one’s name, which Penalty
compels one to conceal crimes committed by It is the suffering that is inflicted by the State for
relatives so near as those mentioned in this the transgression of the law.
article.
Different juridical conditions of penalty:
An accessory is exempt from criminal (P2C3EL)
liability when the principal is his – 1. Spouse, 1. Must be productive of suffering, without
or however affecting the integrity of the human
2. Ascendant, or personality
3. Descendant, or 2. Must be personal – no one should be
4. Legitimate, natural or adopted brother, sister punished for the crime of another
or relative by affinity within the same degree. 3. Must be commensurate with the offense –
different crimes must be punished with
Accessory is NOT exempt from criminal different penalties
liability even if the principal is related to 4. Must be certain – no one may escape its
him, if such accessory: 1. Profited by the effects
effects of the crime, or 5. Must be correctional
2. Assisted the offender to profit by the effects 6. Must be equal for all
of the crime. 7. Must be legal – it is the consequence of a
judgment according to law
Reason: Because such acts are prompted not
by Purpose of the state in punishing crimes:
affection but by a detestable greed The State has an existence of its own to
maintain, a conscience to assert, and moral
principles to be vindicated. Penal justice must

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therefore be exercised by the State in the Ex post facto law

service and satisfaction of a duty, and rests It is an act which when committed was not a
primarily on the moral rightfulness of the crime, cannot be made so by statute without
punishment inflicted. violating the constitutional inhibition as to ex
post facto laws.
The basis of the right to punish violations of
penal law is the police power of the State. An ex post facto law is one which:
1. Makes criminal an act done before the
Three-fold purpose of penalty under RPC: passage of the law and which was innocent
1.Retribution or expiation when done;
2.Correction or reformation 2. Aggravates a crime, or makes it greater than
3.Social Defense (Reyes, 2008, p. 585). it was, when committed;
3. Changes the punishment and inflicts a
Constitutional restriction on penalties: The greater punishment than the law annexed to
Constitution directs that “excessive fines shall the crime when committed;
not be imposed, nor cruel and unusual 4. Alters the legal rules of evidence, and
punishment inflicted (Sec. authorizes conviction upon a less or different
19 [1], Art. 3). testimony than the law required at the time of
the commission of the offense;
ARTICLE 21 5. Assumes to regulate civil rights and
PENALTIES THAT MAY BE IMPOSED remedies only, in effect imposing a penalty
or deprivation of a right for something which
A felony shall be punishable only by the penalty when done was lawful; and
prescribed by law AT THE TIME OF ITS 6. Deprives a person accused of a crime of
COMMISSION. some lawful protection to which he has
become entitled, such as the protection of a
Reason: Because a law cannot be rationally former conviction or acquittal, or a
obeyed unless it is first shown, and a man proclamation of amnesty.
cannot be expected to obey an order that has
not been given. If retroactive effect of a new law is justified, it
shall apply to the defendant even if he is:
ARTICLE 22 a. Presently on trial for the offense;
RETROACTIVE EFFECT OF PENAL LAWS b. Has already been sentenced but service of
which has not begun; or
General rule: Penal laws are applied c. Already serving sentence.
prospectively.
The exception applies to a law dealing with
Exception: When retrospective application will prescription of crime.
be favorable to the person guilty of a felony,
provided that: The retroactive effect of criminal statutes does
1. The offender is NOT a habitual criminal not apply to the culprit’s civil liability.
(delinquent) under Art. 62(5);
2. The new or amendatory law does NOT Reason: The rights of offended persons or
provide against its retrospective application. innocent third parties are not within the gift of
Reason for the exception: The sovereign, in arbitrary disposal of the State.
enacting a subsequent penal law more
favorable to the accused, has recognized that No retroactive effect even when favorable to
the greater severity of the former law is unjust. the accused – if the new law is expressly
made inapplicable to pending actions or
Habitual delinquent existing causes of action (Tavera v.
He is a person who, within a period of ten years Valdez, 1 Phil. 468, 1902).
from the date of his release or last conviction of
the crimes of falsification, robbery, estafa, theft, The provisions of Art. 22 are applicable even to
or serious or less serious physical injuries special laws which provide more favorable
(FRETSeL), is found guilty of any said crimes a conditions to the accused.
third time or oftener.

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Criminal liability under the repealed law Note: In criminal cases, the intervention of the
subsists: aggrieved parties is limited to being witnesses
1.When the provisions of the former law are for the prosecution.
reenacted; or
Compromise upon the civil liability arising
The right to punish offenses committed under from an offense may be had; but such
an old penal law is not extinguished if the compromise shall not extinguish the public
offenses are still punishable in the repealing action for the imposition of the legal penalty
penal law. (Art. 2034, Civil Code).

2.When the repeal is by implication; or A contract stipulating for the renunciation of

the right to prosecute an offense or waiving the
When a penal law, which impliedly repealed criminal liability is VOID (Arts. 1306, 1352,
an old law, is itself repealed, the repeal of the 1409, Civil Code).
repealing law revives the prior penal law,
unless the language of the repealing statute Exception: Pardon by the offended party will
provides otherwise. bar criminal prosecution in the following crimes:
1. Adultery and Concubinage (Art. 344,
If the repeal is absolute, criminal liability is RPC)
obliterated. EXPRESS or IMPLIED pardon must be given
by offended party to BOTH offenders.
3.When there is a saving clause.
Pardon must be given PRIOR to institution of
When the repeal is absolute, the offense criminal action.
ceases to be criminal (People v. Tamayo, 61
Phil. 226, 1935). 2. Seduction, Abduction, Acts of
Lasciviousness
Note: No retroactive effect of penal laws as (Art. 344, RPC)
regards jurisdiction of court. The jurisdiction of EXPRESS pardon given by offended party or
the court to try a criminal action is to be her parents or grandparents or guardian
determined by the law in force at the time of
instituting the action, not at the time of the Note: People vs. Lacson ([CA] 55 OG
commission of the crime. 9460) held that the pardon by the parents,
standing alone, is inefficacious. Too, the
Jurisdiction of courts in criminal cases is express pardon of a person guilty of
determined by the allegations of the complaint attempted abduction of a minor, granted by
or information, and not by the findings the court the latter’s parents, is not sufficient to
may make after trial (People v. remove criminal responsibility, but must be
Romualdo, 87 Phil. 641, 642). accompanied by the express pardon of the
girl herself.
(See discussion of retroactive law under the
Prospective characteristic of criminal law) Pardon must be given PRIOR to the institution
of the criminal action. However, marriage
between the offender and the offended party
ARTICLE 23 EVEN AFTER the institution of the criminal
EFFECT OF PARDON BY THE action or conviction of the offender will
OFFENDED PARTY extinguish the criminal action or remit the
penalty already imposed against the offender,
General rule: Pardon by the offended party his co-principals, accomplices, and
does NOT extinguish the criminal liability of the accessories after the fact.
offender.
Note: Not applicable in rape, where there are
Reason: A crime committed is an offense two or more principals involved and in case of
against the State. Only the Chief Executive can multiple rape.
pardon the offenders.
3. Rape (as amended by R.A. 8353)

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The subsequent valid marriage between the

offender and the offended party shall The following are NOT considered as
extinguish criminal liability or the penalty penalties:
imposed. In case the legal husband is the 1. The arrest and temporary detention of
offender, subsequent forgiveness by the wife accused persons, as well as their detention
as offended party shall also produce the by reason of insanity or imbecility, or illness
same effect. requiring their confinement in a hospital.
2. The commitment of a minor to any of the
Pardon by the offended party under Art. 344 institutions mentioned in Art. 80 (now Art.
is ONLY A BAR to criminal prosecution; it is 192, PD No. 603) and for the purposes
NOT a ground for extinguishment of criminal specified therein.
liability. 3. Suspension from the employment or public
CIVIL LIABILITY may be extinguished by the office during the trial or in order to institute
EXRESS WAIVER of the offended party. proceedings.
4. Fines and other corrective measures which,
An offense causes 2 classes of injuries: in the exercise of their administrative or
Social Injury Personal Injury disciplinary powers, superior officials may
impose upon their subordinates.
Caused to the 5. Deprivation of rights and the reparations
victim of the crime which the civil law may establish in penal
Produced by the
who suffered form.
disturbance and
damage either to
alarm which are
his person, to his
the outcome of the
property, to his
offense. Reasons why they are NOT penalties:
honor or to her a. They are not imposed as a result of judicial
chastity. proceedings. Those mentioned in
Is sought paragraphs 1, 3 and 4 are merely preventive
to be measures before conviction of offenders.
b. The offender is not subjected to or made to
repaired through Is repaired
suffer these measures in expiation of or as
the imposition of through punishment for a crime.
the corresponding indemnity.
penalty. Par. 1 does not refer to the confinement of an
The State has an The State has no insane or imbecile who has not been arrested
interest in this reason to insist in for a crime. It refers to “accused persons” who
are detained “by reason of
class of injury. its payment. insanity or imbecility.”
The offended
party Paragraphs 3 and 4 refer to administrative
cannot pardon the The party suspension and administrative fines and not to
offender so as to offended the suspension or fine as penalties for violations of
the RPC.
relieve him of the may waive
penalty. indemnity. The deprivations of rights established in penal
The offended form by the civil laws is illustrated in the case of
party parents who are deprived of their parental
cannot pardon the The party authority if found guilty of the crime of
corruption of their minor children, in accordance
offender so as to offended the
with Art. 332 of the Civil Code.
relieve him of the may waive
penalty. indemnity. Where a minor offender was committed to a
reformatory pursuant to Art. 80 (now, PD 603),
ARTICLE 24 and while thus detained he commits a crime
MEASURES OF PREVENTION OR SAFETY therein, he cannot be considered a quasi-
WHICH recidivist since his detention was only a
ARE NOT CONSIDERED PENALTIES preventive measure, whereas quasi-recidivism

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presupposes the commission of a crime during 2.Deprivation of freedom (reclusion perpetua

the service of the penalty for a previous crime. and temporal, prision mayor and
correcional, arresto mayor and menor).
3.Restriction of freedom (destierro).
CHAPTER TWO: CLASSIFICATION OF 4.Deprivation of rights
PENALTIES (ARTS. 25-26) (disqualification and suspension).
5.Pecuniary (fine).

ARTICLE 25 Perpetual or temporary absolute

PENALTIES WHICH MAY BE IMPOSED disqualification, perpetual or temporary special
disqualification, and suspension may be
The scale in Art. 25 is only a general principal or accessory penalties.
classification of penalties based on their
severity, nature and subject matter. Examples:
The scale of penalties in Art. 70 is provided for 1. Perpetual absolute disqualification is a
successive service of sentences imposed on principal penalty in prevaricacion (Art. 204)
the same accused, in consideration of their and perpetual special disqualification, in
severity and natures. malversation(Art. 217).
2. Temporary absolute disqualification is a
The scales in Art. 71 are for the purpose of principal penalty when the accessory acts
graduating the penalties by degrees in with abuse of public functions (Art, 19[3] and
accordance with the rules in Art. Art. 58) and temporary special
61. disqualification, in direct bribery (Art. 206).
3. Suspension is a principal penalty in rendition
Classification of penalties under article 25: of unjust interlocutory orders (Art. 206).
A. Based on their severity or gravity
1.Capital, Bond to keep the peace is imposed only in the
2.Afflictive, crime of threats (Art. 284), either grave (Art.
3.Correctional, 282) or light (Art. 283).
4.Light
This classification corresponds to the RA No. 9346,
classification of felonies in Art. 9, into grave, AN ACT PROHIBITING THE IMPOSITION
less grave and light. OF DEATH
PENALTY IN THE PHILIPPINES
B. Based on their nature
1. Principal penalties – those expressly Sec. 2 of said law provides that In lieu of death
imposed by the court in the judgment of penalty, the following shall be imposed:
conviction. May be further classified based 1. The penalty of reclusion perpetua, when the
on divisibility. law violated makes use of the nomenclature
a. Divisible – are those that have fixed of the penalties of the Revised Penal Code;
duration and are divisible into three or
periods. 2. The penalty of life imprisonment, when the
b. Indivisible – are those which have no law violated does not make use of the
fixed nomenclature of the penalties of the Revised
duration. These Penal Code.
are: i. Death ii.
Reclusión Section 3. Persons convicted of offenses
perpetua punished with reclusion perpetua, or whose
iii. Perpetual absolute or special sentences will be reduced to reclusion
disqualification iv. Public censure perpetua, by reason of this Act, shall not be
2. Accessory penalties – are those that are eligible for parole under Act No. 4103,
deemed included in the principal penalties. otherwise known as the Indeterminate
Sentence Law, as amended.
C. Based on subject matter
1.Corporal (death). ARTICLE 26
FINE – WHEN AFFLICTIVE,
CORRECTIONAL OR LIGHT

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n n andTemporary
Fine is: Perpetua Temporal Disqualification
1.Afflictive – over P6,000.00
20 yrs and 12 yrs and 6 yrs and 1 day to
2.Correctional – P200.00 to P6,000.00
1 day to 1 day to 12 yrs., except
3.Light penalty – less than P200.00
40 yrs 20 yrs when
disqualification is
Same basis may be applied by analogy to Bond an accessory
to keep the peace. penalty, in which
case its duration
This article determines the classification of a is that of the
fine whether imposed as a single or as an principal
alternative penalty for a crime.
penalty
The rule herein does not apply where the fine
involved is in a compound penalty, that is, it is Correctional
imposed in conjunction with another penalty. In Prisión Arrest Arrest Bond to
this case, the highest penalty shall be made the correcciona o o keep the
basis for computing the period for the l, mayor menor peace
prescription of crimes (Article 90). suspensión
, and
Where the fine in question is exactly P200, destierro
under Art. 9 it is a light felony, hence the felony 6 mos. and 1 1 mo. 1 day the period
involved is a light felony; whereas under Art. day to 6 yrs., And 1 to
26, it is a correctional penalty, hence the during
except when day to 30 which the
offense involved is a less grave felony. It has suspensión 6 mos.
been held that this discrepancy should be days bond shall
is an
resolved liberally in favor of the accused, hence accessory be effective
Art. 9 prevails over Art. 26 (People vs. Yu Hai, penalty, in is
99 Phil. 725, 1956).
which case discretionar
its duration is y on the
HOWEVER, according to Justice Regalado that of the
there is no such discrepancy. What is really in court.
principal
issue is the prescription of the offense vis-a-vis
the prescription of the penalty, the former being penalty.
the forfeiture of the right of the State to
prosecute the offender and the latter being the Nature of destierro
loss of its power to enforce the judgment Destierro is a principal, correctional and
against the convict. divisible penalty.

Note: In determining the prescription of crimes, In what cases is destierro imposed?

apply Art. 9 (P200 fine is light felony). In 1. Serious physical injuries or death under
determining the prescription of penalty, apply exceptional circumstances (Art. 247)
Art. 26 (P200 fine prescribes in 10 years). 2. In case of failure to give bond for good
behavior (Art.
CHAPTER THREE: DURATION AND 284)
EFFECTS OF PENALTIES 3. As a penalty for the concubine in
(ARTS. 27 – 45) concubinage (Art. 334)
4. In cases where after reducing the penalty by
one or more degrees, destierro is the proper
penalty.
SECTION ONE – DURATION OF
PENALTIES ARTICLE 27 ARTICLE 28
DURATION OF EACH DIFFERENT COMPUTATION OF PENALTIES
PENALTIES
Rules:
Afflictive 1. When the offender is in prison – the
Reclusio Reclusio Prision Mayor duration of temporary penalties is from the

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day on which the judgment of conviction If the detention prisoner agrees voluntarily in
becomes final. writing to abide by the same disciplinary rules
imposed upon convicted prisoners.
Reason: Under Art. 24, the arrest and
temporary detention of the accused is not When will he be credited only with four-
considered a penalty. fifths the time during which he has
undergone preventive imprisonment?
Applies in cases of temporary penalties and If the detention prisoner does not agree to
the offender is under detention (under abide by the same disciplinary rules imposed
preventive imprisonment) upon convicted prisoners.

2. When the offender is not in prison – the In the case of a youthful offender who has been
duration of penalties consisting in deprivation proceeded against under the Child and Youth
of liberty, is from the day that the offender is Welfare Code, he shall be credited in the
placed at the disposal of judicial authorities service of his sentence with the full time of his
for the enforcement of the penalty. actual detention, whether or not he agreed to
abide by the same disciplinary rules of the
This rule applies in cases of penalties institution.
consisting in deprivation of liberty and the
offender is not in prison. The following offenders are NOT entitled to
be credited with the full time or four-fifths of
3. The duration of other penalties – the the time of preventive imprisonment:
duration is from the day on which the 1. Recidivists or those convicted previously
offender commences to serve his sentence. twice or more times of any crime.
Applies in cases of: 2. Those who, upon being summoned for the
a. Penalties consisting in deprivation of liberty execution of their sentence, failed to
and the offender is undergoing preventive surrender voluntarily.
imprisonment; but the offender is entitled to
a deduction of full time or 4/5 of the time of Habitual delinquents are included in No. 1.
his detention.
b. Temporary penalties and the offender is not No. 2 refers to convicts who failed to
under voluntarily surrender to serve their penalties
detention – because the offender is released on under a final judgment, since this is
bail. indicative of a greater defiance of authority. It
does NOT refer to failure or refusal to
ARTICLE 29 voluntarily surrender after the commission of
PERIOD OF PREVENTIVE IMPRISONMENT the crime.
DEDUCTED FROM TERM OF
IMPRISONMENT The accused shall be released immediately
whenever he has undergone preventive
Preventive imprisonment imprisonment for a period equal to or more
It is the period of detention undergone by an than the possible maximum imprisonment for
accused where the crime with which he is the offense charged.
charged is non-bailable or, even if bailable, he
is unable to post the requisite bail. SECTION TWO – EFFECTS OF THE
PENALTIES ACCORDING TO THEIR
These rules on preventive imprisonment apply RESPECTIVE NATURE.
to all sentences regardless of the duration
thereof, including the so-called perpetual ARTICLE 30
penalties as long as they involve deprivation of EFFECTS OF THE PENALTIES OF
liberty. It applies to destierro. PERPETUAL OR
TEMPORARY
ABSOLUTE DISQUALIFICATION

When is the detention prisoner entitled to 1. Deprivation of the public offices and
the full credit of his preventive employments which the offender may have
imprisonment? held, even if conferred by popular election.

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2. Deprivation of the right to vote in any election Disqualification is the withholding of a privilege,
for any popular elective office or to be not a denial of right – a restriction upon the right
elected to such office. of suffrage or to hold office.
3. Disqualification for the offices or public
employments and for the exercise of any of Purpose: To preserve the purity of elections;
the rights mentioned. one rendered infamous by conviction of felony
4. Loss of all rights to retirement pay or other or other base offenses indicative of moral
pension for any office formerly held. turpitude is unfit to exercise such rights.

Perpetual absolute disqualification

It is effective during the lifetime of the convict ARTICLE 33
and even after the service of the sentence. EFFECTS OF THE PENALTIES OF
Temporary absolute disqualification SUSPENSION
It lasts during the term of the sentence, and is FROM ANY PUBLIC OFFICE,
removed after the service of the same. PROFESSION, OR CALLING, OR THE
RIGHT OF SUFFRAGE
Exceptions:
1. Deprivation of the public office or 1. Disqualification from holding such office or
employment; and exercising such right or calling or right of
2. Loss of all rights to retirement pay or other suffrage during the term of the sentence;
pension for any office formerly held. 2. If suspended from the public office, the
offender cannot hold another office having
A plebiscite is NOT mentioned or contemplated similar functions during the period of
in Art. 30, par. 2 (deprivation of the right to suspension.
vote), hence, the offender may vote in that
exercise, subject to the provisions of pertinent ARTICLE 34
election laws at the time. CIVIL INTERDICTION

ARTICLE 31 1. Deprivation of the rights of parental authority

EFFECTS OF THE PENALTIES OF or guardianship of any ward;
PERPETUAL OR 2. Deprivation of marital authority;
TEMPORARY 3. Deprivation of the right to manage his
SPECIAL DISQUALIFICATION property and of the right to dispose of such
property by any act or any conveyance inter
1. Deprivation of the office, employment, vivos.
profession or calling affected;
2. Disqualification for holding similar offices or But he can dispose of such property by will or
employments either perpetually or during the donation mortis causa.
term of the sentence, according to the extent
of such disqualification. Civil interdiction is imposed when the
penalty is:
ARTICLE 32 1.Death which is not carried out,
EFFECTS OF THE PENALTIES OF 2.Reclusión perpetua,or
PERPETUAL OR 3.Reclusión temporal
TEMPORARY SPECIAL DISQUALIFICATION
FOR THE ARTICLE 35
EXERCISE OF THE RIGHT OF SUFFRAGE EFFECTS OF BOND TO KEEP THE PEACE

1. Deprive the offender perpetually or during the 1. The offender must present two sufficient
term of the sentence of: sureties who shall undertake that the
a. The right to vote in any popular election offender will not commit the offense sought to
for any public office, or be prevented, and that in case such offense
b. To be elected to such office. be committed they will pay the amount
2. Not be permitted to hold any public office determined by the Court; or
during the period of disqualification. 2. The offender must deposit such amount with
the Clerk of Court to guarantee said
undertaking; or

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3. The offender may be detained, if he cannot otherwise provided by rape.

give the bond, for a period not to exceed 6 or subject to
months if prosecuted for grave or less grave
felony, or for a period not to exceed 30 days, conditions in the
if for a light felony. Constitution or the
laws.
Bond to keep the peace is different from bail As to the effect on civil liability
bond which is posted for the provisional release Cannot affect the civil The offended party
of a person arrested for or accused of a crime.
liability ex delicto of can waive the civil
Imposed as a penalty in threats (Art. 284) the offender. liability.
As to extinguishme nt of criminal liability
Extinguishes Does NOT extinguish
criminal criminal liability.
liability.
Although it may
ARTICLE 36 constitute a bar to the
PARDON; ITS EFFECTS prosecution of the
offender in seduction,
Effects of pardon by the president:
1. A pardon shall not restore the right to abduction and acts of
hold public office or the right of suffrage. lasciviousness by the
Exception: When any or both such rights valid marriage of the
is/are expressly restored by the terms of the victim and the
pardon. offender, and in
2. It shall not exempt the culprit from the
payment of the civil liability. adultery and
Limitations upon the exercise of the concubinage, by the
pardoning power: express or implied
1. That the power can be exercised only after pardon by the
conviction “by final judgment”; offended spouses.
2. That such power does not extend to cases of
When granted
impeachment;
3. No pardon, amnesty, parole or suspension of Can be extended only Can be validly
sentence for violation of election laws, rules, after conviction by granted only before
and regulations shall be granted by the final judgment of the the institution of the
President without the favorable accused. criminal action.
recommendation of the COMELEC.
To who m granted
General Rule: When the principal penalty is To any or all of the In seduction,
remitted by pardon, only the effect of that accused. abduction and acts of
principal penalty is extinguished, but not the lasciviousness, it
accessory penalties attached to it. benefits the co-
principals,
Exception: When an absolute pardon is accomplices and
granted after the term of imprisonment has accessories.
expired, it removes what is left of the In adultery and
consequences of conviction. concubinage, must
include both
Pardon by the Chief Pardon by the offenders.
Executive (Art. 36) Offended Party (Art. As to whether it can be conditional
23) May be Cannot validly be
As to the cr ime covered absolute made subject to a
Can extend to any Applies only to crimes or conditional. condition.
crime, unless against chastity under
the RPC and marital

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ARTICLE 37 Subsidiary penalty shall be proper only if the

COSTS accused has no property with which to pay the
fine and not as a matter of choice on his part by
Costs or costs of suit opting to go to jail instead of paying.
These are the expenses of litigation allowed
and regulated by the Rules of Court to be Subsidiary penalty is NOT AN ACCESSORY
assessed against or to be recovered by a party PENALTY, hence it must be specifically
in litigation. imposed by the court in its judgment, otherwise
the accused cannot be made to serve the
The following are included in costs: corresponding subsidiary imprisonment.
1.Fees, and
2.Indemnities, in the course of judicial Rules as to subsidiary liability
proceedings. Penalty Imposed Subsidiary Penalty
1. Prisión Subsidiary imprisonment
Costs are chargeable to the accused only in correccional or is not to exceed 1/3 of the
cases of conviction. In case of acquittal, the arresto AND fine term of the sentence, and
costs are de officio, meaning each party
bearing his own expenses. in no case to continue for
more than one year.
No costs shall be allowed against the Republic Fraction or part of a day,
of the Philippines, unless otherwise provided by not counted.
law.
2. Fine only Subsidiary imprisonment:
a. not to exceed 6
The payment of costs is a matter that rests months – if the culprit is
entirely upon the discretion of courts. prosecuted for grave or
less grave felony, and
ARTICLE 38
PECUNIARY LIABILITIES b. not to exceed 15
days – if prosecuted for
What are the pecuniary liabilities of persons
criminally liable? light felony.
They are, in the following order: (RIFC) 3. Higher than No subsidiary
1. Civil prisión imprisonment.
a.The reparation of the damage caused correccional
b.Indemnification of the consequential 4. If the penalty Subsidiary penalty shall
damages
2. Pecuniary imposed is not to consist in the same
a.Fine be executed by deprivations as those of
b.Costs of proceedings. confinement, but the principal penalty,
of fixed duration. under the same rules as
When is Article 38 applicable? nos. 1, 2 and 3 above.
In case the property of the offender should not
be sufficient for the payment of all his pecuniary In case the financial circumstances of the
liabilities. convict should improve, he shall pay the fine,
notwithstanding the fact that the convict
ARTICLE 39 suffered subsidiary personal liability therefor.
SUBSIDIARY PENALTY
When the penalty prescribed for the offense is
Subsidiary penalty imprisonment, it is the penalty actually imposed
It is a subsidiary personal liability to be suffered by the Court, not the penalty provided for by the
by the convict who has no property with which Code, which should be considered in
to meet the fine, at the rate of one day for each determining whether or not subsidiary penalty
eight pesos (P8.00), subject to the rules should be imposed.
provided for in Art. 39.
No subsidiary penalty shall be imposed
where:

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1. The penalty imposed is higher than prisión 5.Arresto – suspension of the right to hold
correccional or 6 years; office and the right of suffrage during the term
Additional penalty for habitual delinquency of the sentence.
should be included in determining whether or
not subsidiary penalty should be imposed. Note: The Code does NOT provide for any
2. For non-payment of reparation or accessory penalty for destierro.
indemnification;
3. For non-payment of cost; Reclusion Life
4. Where the penalty imposed is a fine and
Perpetua Imprisonment
another penalty without fixed duration, like
censure; and Has a specific Has no definite
5. The subsidiary penalty, though properly duration of 20 term.
imposable is not expressly stated in the years and 1 day to
judgment. 40 years.
Imposable on Imposable on
Note: The rules on subsidiary penalty in Art. 39
are applicable to crimes punishable by special felonies punished crimes punishable
laws by force of Art. 10 of the Code. by the RPC. by special laws.
Carries with it Does not carry with
SECTION THREE – PENALTIES IN WHICH accessory it accessory
OTHER penalties. penalties.
ACCESSORY PENALTIES ARE INHERENT
ARTICLE 45
ARTICLES 40 – 44
CONFISCATION AND FORFEITURE OF
THE PROCEEDS OF THE CRIME
OUTLINE OF ACCESSORY PENALTIES
INHERENT IN PRINCIPAL
Outline of the provisions of this article:
PENALTIES
1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and
1.Death, when not executed by reason of
the instruments or tools used in the
commutation or pardon
commission of the crime. (There can be no
a. Perpetual absolute disqualification; and forfeiture when there is no criminal case
b. Civil interdiction during 30 years, if not filed.)
expressly 2. The proceeds and instruments or tools of the
remitted in the pardon. crime are confiscated and forfeited in favor of
2.Reclusión perpetua and reclusión temporal the Government.
a. Civil interdiction for life or during the 3. Property of a third person not liable for the
sentence; and offense is not subject to confiscation and
b. Perpetual absolute disqualification, unless forfeiture.
expressly 4. Property not subject of lawful commerce
remitted in the pardon of the principal penalty. (whether it belongs to the accused or to third
3.Prisión mayor person) shall be destroyed.
a. Temporary absolute disqualification; and
b. Perpetual special disqualification from The confiscation and forfeiture of the proceeds
suffrage, unless expressly remitted in the and instruments of a crime is an accessory
pardon of the principal penalty. penalty.
4.Prisión correccional
a. Suspension from public office, profession Articles which are forfeited, when the order or
or calling; and forfeiture is already final, cannot be returned
b. Perpetual special disqualification from even in case of an acquittal.
suffrage, if the duration of imprisonment
exceeds 18 months, unless expressly The provisions of Art. 45 CANNOT apply
remitted in the pardon of the principal
when:
penalty.
1. The instruments belong to innocent third
There is perpetual special disqualification
parties;
from suffrage, only when the duration of
the imprisonment exceeds 18 months.

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2. Such properties have not been placed under procedural measures is superseded by the
the jurisdiction of the court because they present revised Rules of Court.
must be presented in evidence and identified
in judgment; and ARTICLE 48
3. When it is legally or physically impossible. COMPLEX CRIMES

This accessory penalty presupposes a Plurality of Crimes

judgment of conviction. However, even if the It consists in the successive execution, by the
accused is acquitted on reasonable doubt, but same individual, of different criminal acts, upon
the instruments or proceeds are contraband, any of which no conviction has yet been
the judgment of acquittal shall order their declared.
forfeiture for appropriate disposition.
Kinds:
CHAPTER FOUR: APPLICATION OF 1.Real or material plurality – DIFFERENT
PENALTIES (ARTS. 46-72) crimes in law, as well as in the conscience of
the offender; the offender shall be
PUNISHED for each and every offense that
he committed.
SECTION ONE – RULES FOR APPLICATION 2.Formal or ideal plurality – only ONE
OF criminal liability.
PENALTIES TO THE PERSONS CRIMINALLY
LIABLE
AND FOR THE GRADUATION OF THE SAME
ARTICLE 46 Three groups under the formal type:
PENALTY TO BE IMPOSED UPON a. When the offender commits any of the
PRINCIPALS IN complex crimes in Art. 48.
GENERAL b. When the law specifically fixes a single
penalty for two or more offenses committed
General rule: The penalty prescribed by law in (Special Complex Crimes).
general terms shall be imposed upon the c. When the offender commits continuous
principals for a consummated felony. crimes.

Exception: When the penalty to be imposed I. Complex Crimes Under Article 48

upon the principal in frustrated or attempted A. Concept:
felony is fixed by law. 1. In complex crime, although 2 or more
crimes are actually committed, they
Graduation of penalties: constitute only one crime in the eyes of
1. By degrees – refers to: the law as well as in the conscience of
a. stages of execution (consummated, the offender.
frustrated, or attempted); and 2. The offender has only one criminal
b. degree of the criminal participation of the intent, hence there is only one penalty
offender (whether as principal, accomplice imposed for the commission of a
or accessory). complex crime.
2. By periods – refers to the proper period of
the penalty which should be imposed when B. Two kinds of complex crimes:
aggravating or mitigating circumstances 1. Compound crime (delito compuesto) –
attend the commission of the crime a single act constitutes 2 or more grave
or less grave felonies Requisites:
ARTICLE 47 a. That only a single act is performed by
CASES WHEREIN THE DEATH PENALTY the offender;
SHALL NOT BE IMPOSED b. That the single act produces:
i. Two or more grave felonies, or ii. One
No longer of any force or effect because the or more grave and one or more less
substantive provisions thereof being grave felonies, or
inconsistent with R.A 9346, while the iii. Two or more less grave felonies.

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Light felonies produced by the same act Reason: the offender is deemed less perverse
should be treated and punished as than when he commits said crimes thru
separate offenses or may be absorbed separate and distinct acts (People vs.
by the grave felony. Hernandez, 99 Phil. 515, 542-543).

When the crime is committed by force of The penalty for complex crime is the penalty for
violence, slight physical injuries are the most serious crime, the same to be applied
absorbed such as in direct assault and in its maximum period.
rape. Reason: the slight physical injuries
are the necessary consequence of the If different crimes resulting from one single act
force or violence inherent in the crimes are punished with the same penalty, the penalty
of direct assault and rape. for any one of them shall be imposed, the same
to be applied in the maximum period.
Art. 48 speaks of two or more grave or
less grave felonies resulting from a When 2 felonies constituting a complex crime
single act, which excludes crimes are punishable by imprisonment and fine,
punishable by special laws. respectively, only the penalty of imprisonment
should be imposed. Reason: Fine is not
2. Complex crime proper (delito included in the list of penalties in the order of
complejo) – an offense is a necessary severity, and it is the last in the graduated
means for committing the other. scales in Art. 71 of the RPC.

The first offense must be consummated. When a complex crime is charged and one
offense is not proven, the accused can be
Requisites: convicted of the other.
a. That at least two offenses are
committed; There is NO complex crime of Estafa Thru
b. That one or some of the offenses Falsification of Private Document as both
must be necessary to commit the crimes require damage as an element which if
other; and used for one renders the other incomplete,
c. That both or all of the offenses must hence the query is as to which crime was
be committed first.
punished under the same statute.
If at the outset, the accused took a woman
Note: Necessary means is NOT away against her will and with lewd designs on
equivalent to indispensable means. his part, and he thereafter raped her, this would
clearly be the complex crime of abduction with
C.No complex crime in the following rape (People vs. Oso, 62 Phil.
cases: 271).
1. In case of continuous crimes
2. When one offense is committed to On the other hand, the rule has been that if he
conceal the other; had no lewd designs at the time of the forcible
3. When the other crime is an taking of the victim, but the taking advantage
indispensable part or an element of the later when the victim was in his custody he
other offenses; raped her, he committed two separate crimes of
4. Where one of the offenses is penalized kidnapping, a crime against personal liberty,
by a special law; and rape, then a crime against chastity (People
5. When the provision provides for a two- vs. Quitain, 99 Phil.
tiered penalty, e.g. Usurpation of 226).
property (Art. 312), malicious
procurement of a search warrant (Art Subsequent acts of intercourse, after forcible
abduction with rape, are separate acts of rape
129), bribery (Art 210 par 1),
for even while the first act of rape was being
maltreatment of prisoners (Art 235).
performed, the crime of forcible abduction was
already comsummated, so that each of the
Notes: three succeeding rapes cannot be complexed
Art. 48 is intended to favor the culprit.

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with forcible abduction (People vs. Jose, No. L- consequences. In imposing penalties, the judge
282232, Feb. 6, 1971). will do no more than apply the penalties under
Article 365 for each consequence alleged and
There is no complex crime of rebellion with proven. In short, there shall be no splitting of
murder, arson, robbery, or other common charges under Article 365, and only one
crimes. information shall be filed in the same first level
court.
Where the victim was kidnapped for the
purpose of extorting ransom under pain of This ruling secures for the accused facing an
death, and he was later killed when no such Article 365 charge a stronger and simpler
ransom was paid, the complex crime of protection of their constitutional right under the
kidnapping with murder was committed Double Jeopardy Clause. True, they are
(Regalado, 2009, p.189). thereby denied the beneficent effect of the
favorable sentencing formula under Article 48,
Article 48 does not apply to acts penalized but any disadvantage thus caused is more than
under Article 365 of the RPC. Article 48 Does compensated by the certainty of non-
not Apply to Acts Penalized Under Article prosecution for quasi-crime effects qualifying as
365 of the Revised Penal Code. “light offenses” (or, as here, for the more
serious consequence prosecuted belatedly). it
Article 48 is a procedural device allowing single is so minded, Congress can re-craft Article 365
prosecution of multiple felonies falling under by extending to quasi-crimes the sentencing
either of two categories: (1) when a single act formula of Article 48 so that only the most
constitutes two or more grave or less grave severe penalty shall be imposed under a single
felonies (thus excluding from its operation light prosecution of all resulting acts, whether
felonies; and (2) when an offense is a penalized as grave, less grave or light offenses.
necessary means for committing the other. The This will still keep intact the distinct concept of
legislature crafted this procedural tool to benefit quasi-offenses (Ivler v. San Pedro and Ponce
the accused who, in lieu of serving multiple G.R. No. 172716, November 17, 2010).
penalties, will only serve the maximum of the
penalty for the most serious crime. Rules in Art. 48 are NOT applicable:
1. When the crimes subject of the case have
In contrast, Article 365 is a substantive rule common elements;
penalizing not an act defined as a felony but 2. When the crimes involved are subject to the
“the mental attitude x xx behind the act, the rule of absorption of one crime by the other;
dangerous recklessness, lack of care or 3. Where the two offenses resulting from a
foresight x xx,” a single mental attitude single act are specifically punished as a
regardless of the resulting consequences. single crime, such as less serious physical
Thus, Article 365 was crafted as one quasi- injuries with serious slander of deed, since
crime resulting in one or more consequences. this is punished under Art. 265 par. 2, as the
Article 48 is incongruent to the notion of quasi- single crime of less serious physical injuries
crimes under Article 365. It is conceptually with ignominy;
impossible for a quasi-offense to stand for (1) a 4. In special complex crimes or composite
single act constituting two or more grave or less crimes;
grave felonies; or (2) an offense which is a 5. When the crimes involved cannot be legally
necessary means for committing another. complexed, viz.:
Indeed, this is a constitutionally compelled a. Malicious obtention or abusive service of
choice. By prohibiting the splitting of charges search warrant (Art. 129) with perjury;
under Article 365, irrespective of the number b. Bribery (Art. 210) with infidelity in the
and severity of the resulting acts, rampant custody of prisoners;
occasions of constitutionally impermissible c. Maltreatment of prisoners (Art. 235) with
second prosecutions are avoided, not to serious
mention that scarce state resources are physical injuries;
conserved and diverted to proper use. d. Usurpation of real rights (Art. 312) with
serious physical injuries; and
Hence, we hold that prosecutions under Article e. Abandonment of persons in danger (Art.
365 should proceed from a single charge 275) and crimes against minors (Arts. 276
regardless of the number or severity of the to 278) with any other felony.

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4. Usurpation of real rights (Art. 312) with

II. Special Complex Crimes – those which are serious physical injuries; and
treated as single indivisible offenses although 5. Abandonment of persons in danger (Art.
comprising more than one specific crime and 275) and crimes against minors (Arts. 276-
with specific penalty. 278) with another felony.

Examples: Special Complex

1.Rape with homicide, Ordinary Complex Crime or
The homicide must always be consummated, Crime
otherwise, separate offenses. The rape may Composite Crime
either be consummated or attempted.
2.Kidnapping with homicide, As to their C oncept
3.Kidnapping with rape, It is made up of two or It is made up of two
Kidnapping with rape is different from more crimes being or more crimes
abduction with rape. In the latter, there is punished in distinct which are
lewd design (People vs. Jose, G.R. No. L- considered only as
28232, Feb. 6, 1971). provisions of the Revised components of a
4.Robbery with homicide, Additional homicide Penal Code but alleged in single indivisible
NOT aggravating. one information either offense being
5.Robbery with rape, Additional rape not because they were punished in one
aggravating. brought about by a single provision of the
felonious act or because Revised Penal
NOTE: There is no complex crime of Arson
with (Multiple) Homicide. Accordingly, in one offense is a Code.
cases where both burning and death occur, in necessary means for
order to determine what crime/crimes was/were committing the other
perpetrated – whether arson, murder or arson offense or offenses.
and homicide/murder, it is de rigueur to
ascertain the main objective of the malefactor: As to Pen alty
a. if the main objective is the burning of the Penalty for the most It is the penalty
building or edifice, but death results by serious crime shall be specifically
reason or on the occasion of arson, the crime imposed and in its provided for the
is simply arson, and the resulting homicide is maximum period.
absorbed; special complex
b. if, on the other hand, the main objective is to crime that shall be
kill a particular person who may be in a applied according
building or edifice, when fire is resorted to as to the rules on
the means to accomplish such goal the crime imposition of the
committed is murder only; lastly,
penalty.
c. if the objective is, likewise, to kill a particular
person, and in fact the offender has already
done so, but fire is resorted to as a means to Note: One information should be filed when a
cover up the killing, then there are two complex crime is committed.
separate and distinct crimes committed –
homicide/murder and arson (People of the III. Continuous crime – a single crime,
Philippines v. Edna Malngan G. R. No. consisting of a series of acts, but all arising
170470, September 26, 2006). from ONE CRIMINAL RESOLUTION; length
of time in the commission is immaterial.
When the crimes involved cannot be legally Requisites:
complexed, viz: 1.Multiplicity of acts;
1.Malicious obtention or abusive service of 2.Unity of criminal purpose or intent; and
search warrant (Art. 129) with perjury; 3.Unity of criminal offense violated.
2.Bribery (Art. 210) with infidelity in the custody
of prisoners; Not a complex crime because the offender does
3.Maltreatment of prisoners (Art. 235) with not perform a single act, but a series of acts,
serious physical injuries; and one offense is not a necessary means for
committing the other.

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maximum period.
In determining venue, a continued, continuous
or continuing crime is DIFFERENT from a Note: For Articles 50-57 and 60, refer to Art. 61
transitory crime (moving crime) – in the latter herein provided.
case, criminal action may be instituted and tried
in the court of the municipality, city or province
ARTICLE 58
wherein any of the essential ingredients thereof
took place. ADDITIONAL PENALTY TO BE IMPOSED
UPON
Real or Material CERTAIN ACCESSORIES
Continued Crime
Plurality
Public officers who help the author of the
There is a series of There is a series of
crime by misusing their office and duties shall
acts performed by the acts performed by the suffer the additional penalties of:
offender. offender. 1. Absolute perpetual disqualification, if the
principal offender is guilty of a grave felony;
Each act performed by The different acts
2. Absolute temporary disqualification if the
the offender constitute only one principal offender is guilty of less grave
constitutes a separate crime, all of the acts felony.
crime, each act is performed arise from This article applies only to public officers who
generated by a one criminal resolution. abused their public functions.
criminal impulse.
ARTICLE 59
PENALTY TO BE IMPOSED IN CASE OF
ARTICLE 49
FAILURE TO COMMIT THE CRIME
PENALTY TO BE IMPOSED UPON THE
BECAUSE THE MEANS
PRINCIPALS
EMPLOYED OR THE AIMS SOUGHT ARE
WHEN THE CRIME COMMITTED IS
IMPOSSIBLE
DIFFERENT FROM THAT
INTENDED
Impossible Crime
The penalty for impossible crime is arresto
Rules:
mayor (imprisonment of 1 month and 1 day to 6
1. If the penalty for the felony committed be
months) or fine ranging from 200-500pesos.
higher than the penalty for the offense which
the accused intended to commit, the lower
penalty shall be imposed in its maximum Basis for the imposition of proper penalty:
period. 1.Social danger; and
2. If the penalty for the felony committed be 2.Degree of criminality shown by the offender
lower than the penalty for the offense which
the accused intended to commit, the lower ARTICLE 61
penalty shall be imposed in its maximum RULES OF GRADUATING PENALTIES
period.
According to Arts. 50-57, the penalty prescribed
Art. 49 applies ONLY when there is a mistake by law for the felony shall be lowered by one or
in the identity of the victim of the crime, and the two degrees, as follows:
penalty for the crime committed is different from 1. For the principal in frustrated felony – one
that for the crime intended to be committed. degree lower;
Also, it is applicable only when the intended 2. For the principal in attempted felony – two
crime and the crime actually committed are degrees lower;
punished with different penalties. 3. For the accomplice in consummated felony –
one degree lower;
4. For the accessory in consummated felony –
Article 49 Article 48
two degrees lower;
Lesser penalty is Penalty for the more or
imposed, to be applied most serious crime Diagram of the application of Arts. 50- 57:
in maximum periods. shall be imposed, to Consummat Frus- Attempt
be applied in its Trate
ed ed
d

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Principal 0 1 2 1. The ascendants, guardians, curators,

Accompli 1 2 3 teachers and any person who by abuse of
authority or confidential relationship, shall
ce cooperate as accomplices in the crimes of
Accessor 2 3 4 rape, acts of lasciviousness, seduction,
y corruption of minors, white slave trade or
abduction (Art. 346); and
In this diagram, “0” represents the penalty 2. One who furnished the place for the
prescribed by law in defining a crime, which is perpetration of the crime of slight illegal
to be imposed on the principal in a detention (Art. 268)
consummated offense, in accordance with the
provisions of Art. 46. The other figures When penalty prescribed is single and
represent the degrees to which the penalty indivisible – the penalty next lower in degree
must be lowered, to meet the different shall be that immediately following that
situations anticipated by law. indivisible penalty in the respective graduated
scale in Article 71;
Bases for the determination of the extent of
penalty to be imposed under the RPC: If the penalty prescribed by the Code consists
1. Stage reached by the crime in its in three periods, corresponding to different
development (either attempted, frustrated or divisible penalties, the penalty next lower in
consummated) degree is the penalty consisting in the three
2. Participations therein of the persons liable periods down in the scale;
3. Aggravating or mitigating circumstances
which attended the commission of the crime. If the penalty prescribed by the Code consists
in two periods, the penalty next lower in degree
Degree is the penalty
It is one entire penalty, one whole penalty or consisting in two periods down in the scale;
one unit of the penalties enumerated in the
graduated scales provided for in Art. 71. If the penalty prescribed by the Code consists
in only one period, the penalty next lower in
When there is mitigating or aggravating degree is the next period down in the scale.
circumstance, the penalty is lowered or
increased by period only; Exception: When Mitigating and aggravating circumstances are
the penalty is divisible and there are two or disregarded in the application of the rules for
more mitigating and without aggravating graduating penalties.
circumstances, in which case the penalty is
lowered by degree. SECTION TWO – RULES FOR THE
APPLICATION OF
Period PENALTIES WITH REGARD TO THE
It is one of the three equal portions, called MITIGATING AND
minimum, medium and maximum, of a divisible AGGRAVATING CIRCUMSTANCES, AND
penalty. HABITUAL
DELINQUENCY
Exceptions to the rules established in Arts.
50 to 57 (Article 60): ARTICLE 62
Arts. 50 to 57 shall NOT apply to cases where EFFECTS OF THE ATTENDANCE OF
the law expressly prescribes the penalty for a MITIGATING OR
frustrated or attempted felony, or to be imposed AGGRAVATING CIRCUMSTANCES AND OF
upon accomplices or accessories. (Art. 60) HABITUAL DELIQUENCY

General Rule: An accomplice is punished by a Rules regarding aggravating and

penalty one degree lower than the penalty mitigating circumstances:
imposed upon the principal. 1. Aggravating circumstances which (a) in
themselves constitute a crime especially
Exceptions: punished by law or which (b) are included by
The following accomplices are punished with the law in defining a crime and prescribing
the same penalty imposed upon the principal: the penalty therefor are not to be taken into

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account to increase the penalty. Maximum recidivism which is generally implied in

penalty shall be imposed: habitual delinquency, but also of imposing an
a. When in the commission of the crime, additional penalty.
advantage was taken by the offender of
his public position; Requisites of habitual delinquency:
b. If the offense was committed by any (ConCom10)
person who belongs to an 1. That the offender had been convicted of any
organized/syndicated crime group. of the crimes of (FRETSeL)
2. The preceding rule applies with respect to a.Falsification,
aggravating circumstances which are b.Robbery,
inherent in the crime; c. Estafa,
3. Aggravating or mitigating circumstances d.Theft or
which arise from: e.Serious or less serious physical injuries.
a. The moral attributes of the offender, or 2. That after conviction or after serving his
b. From his private relations from the sentence, he again committed, and, within
offended party, or 10 years from his last release of first
c. From any other personal cause, serve to conviction, he was again convicted of any of
aggravate or mitigate the liability of the the said crimes for the second time.
principals, accomplices and accessories 3. That after his conviction of, or after serving
as to whom such circumstances are sentence for the second offense, he again
attendant; committed, and, within 10 years from his last
4. The circumstances which consist in: release or last conviction, he was again
a. material execution of the act, or convicted of any of said offenses, the third
b. the means employed to accomplish it, time or oftener.
shall serve to aggravate or mitigate the
liability only of those persons who had Subsequent crime must be committed AFTER
knowledge of them at the time of the conviction of former crime.
execution of the act or their cooperation
therein. In determining the court’s jurisdiction, additional
5. Additional penalty for habitual delinquency: penalty is NOT considered.
a. Upon 3rd conviction – culprit shall be
sentenced to the penalty provided by law for
the last crime of which he is found guilty
and to the additional penalty of prision Habitual
Recidivism
correccional in its medium and maximum Deliquency
periods. As to the CRI MES committed
b. Upon a 4th conviction – the culprit shall The crimes are It is sufficient that
be sentenced to the additional penalty of specified the accused on the
prision mayor in its minimum and medium
periods. date of his trial,
c.Upon 5th or additional conviction – the culprit shall have been
shall be sentenced to the additional penalty previously
of prision mayor in its maximum period to convicted by final
reclusion temporal in its minimum period. judgment of
another crime
Total of the two penalties shall NOT exceed 30
years. embraced in the
same title.
Effects: As to the PERIOD of time the crimes
1. Aggravating circumstances (generic and are committed
specific) have the effect of increasing the
The offender is No period of time
penalty, without however exceeding the
maximum period provided by law. found guilty within between the former
2. Mitigating circumstances have the effect of ten years from his conviction and the
last conviction.
diminishing the penalty. last release or last
3. Habitual delinquency has the effect, not only conviction.
of increasing the penalty because of As to the NUMBER of crimes

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committed b. When there is neither mitigating nor

The accused must The second aggravating circumstances, the lesser
be found guilty the offense is for an penalty shall be imposed.
third time or offense found in c. When there is a mitigating circumstance
oftener of the and no aggravating circumstance, the
the same title. lesser penalty shall be imposed.
crimes specified.
d.When both mitigating and aggravating
circumstances are present, the court shall
As to thei r EFFECTS allow them to offset one another.
An additional If not offset by a 3. When the penalty is composed of two
penalty is also mitigating indivisible penalties, the penalty cannot be
imposed. circumstance, it lowered by one degree, no matter how many
serves to increase ordinary mitigating circumstances are
the penalty only to present.
the maximum
Exception: When a privileged mitigating
circumstance under Art. 68 or Art. 69 is
A convict can be a habitual delinquent without present.
being a recidivist when no two of the crimes
committed are embraced in the same title of the ARTICLE 64
RPC. RULES FOR THE APPLICATION OF
PENALTIES,
The imposition of additional penalty for habitual WHICH CONTAIN
delinquency is constitutional because it is THREE PERIODS
neither an ex post facto law nor does its
imposition constitute double jeopardy since it is
Outline of the rules:
not imposed for the same offense but for the
moral depravity of the accused. 1. No aggravating and no mitigating – medium
period.
2. Only mitigating – minimum period.
ARTICLE 63
3. Only aggravating – maximum period.
RULES FOR THE APPLICATION OF
4. Where there are aggravating and mitigating –
INDIVISIBLE
the court shall offset those of one class
PENALTIES
against the other according to their relative
weight.
Imposable penalty 5. Two or more mitigating and no aggravating –
It is the penalty that will be imposed after penalty next lower, in the period applicable,
applying the according to the number and nature of such
RPC and ISL circumstances.
If there are three mitigating circumstances
Prescribed penalty but two aggravating circumstances, the rule
It is the penalty prescribed by the RPC after is not applicable. The effect is to fix the
considering period at the minimum only.
the mitigating and aggravating circumstances 6. No penalty greater than the maximum period
of the penalty prescribed by law shall be
Outline of the rules: imposed, no matter how many aggravating
1. When the penalty is single indivisible, it shall circumstances are present.
be applied regardless of any mitigating 7. The court can determine the extent of the
(except if privilege mitigating) or aggravating penalty within the limits of each period,
circumstances. according to the number and nature of the
2. When the penalty is composed of two aggravating and mitigating circumstances
indivisible penalties, the following rules shall and the greater or lesser extent of the evil
be observed: produced by the crime.
a. When there is only one aggravating
circumstance, the greater penalty shall be Cases in which mitigating and aggravating
imposed. circumstances are NOT considered in the
imposition of penalty:

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1. When the penalty is single and indivisible WHEN NOT ALL REQUISITES OF
(except if privileged mitigating) ACCIDENT ARE PRESENT
2. In felonies through negligence
3. When the penalty is only a fine imposed by If not all the conditions necessary to exempt
an ordinance from liability under Art. 12 (4) are present, the
4. When the penalties are prescribed by special act should be considered as:
laws. 1. Reckless imprudence, if the act is executed
without taking those precautions or measures
which the most common prudence would
require; and
2. Simple imprudence, if it is a mere lack of
precaution in those cases where either the
threatened harm is not imminent or the
danger is not openly visible.

ARTICLE 65
RULES IN CASES OF PENALTY NOT
COMPOSED OF
THREE PERIODS

The courts shall apply the rules in the preceding

articles by: ARTICLE 68
1.dividing into three (3) equal portions the time PENALTY TO BE IMPOSED UPON A
included in the penalty prescribed, and PERSON UNDER 18 YEARS OF AGE
2.forming one period of each of the three
portions. Application of Art. 68:
1. This article is NOT immediately applicable to
ARTICLE 66 a minor under 18 years of age, because
IMPOSITION OF FINES when such minor is found guilty of the
offense charged, the court shall determine
Outline of the provision: the penalty in the judgment of conviction but
1.The court can fix any amount of the fine shall suspend the promulgation (not the
within the limits established by law. execution) and orders commitment to a
2.The court must consider: reformatory institution, if the court therefor
a.the mitigating and aggravating approves his application.
circumstances; and
b.more particularly, the wealth or means of Upon the recommendation of the social
the culprit. worker who has custody of the child, the
3.The court may also consider: court shall dismiss the case against the child
a.the gravity of the crime committed; and shall order the final discharge of the
b.the heinousness of its perpetration; and child if it finds that the objective of the
disposition measures have been fulfilled.
c. the magnitude of its effects on the
offender’s victims (People v. Manuel, CA-
2. This article has been repealed or amended in
G.R. Nos. 14648-61-R,July 6, 1957).
the sense that the accused in par. 1 thereof
is completely absolved from criminal liability
Note: under RA 9344, hence there is no basis for
When the minimum of the fine is not fixed by considering any privileged mitigating
law, the determination of the amount of fine is circumstance in his favor.
left to the sound discretion of the court, 3. That circumstance may, however, be
provided it shall not exceed the maximum involved in its par. 2 where the accused is
authorized by law. over 15 and below 18 years of age but he
acted with discernment, and he is returned to
Wealth or means of culprit is the main the other correlative proceedings, if any,
consideration in the imposition of fines. have not achieved their purposes and, in
effect, the accused has been found to be
ARTICLE 67 incorrigible (Regalado).

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3. Temporary absolute disqualification

If the court finds that the objective of the 4. Temporary special disqualification
disposition measures imposed upon the child 5. Suspension
in conflict with the law have not been fulfilled, 6. Destierro
or if the child in conflict with the law has 7. Public censure
willfully failed to comply with the conditions 8. Fine and bond to keep the peace
of his/her disposition or rehabilitation 9. Civil interdiction
program, the child in conflict with the law 10. Confiscation and payment of costs
shall be brought before the court for
promulgation (not execution) of judgment. If the sum total of all the penalties does NOT
exceed the most severe of all the penalties
If said child in conflict with the law has multiplied by three, the three-fold rule does
reached eighteen (18) years of age while NOT apply.
under suspended sentence, the court shall
determine whether to discharge the child, to The Three-Fold Rule: (3:4:40)
order execution of sentence, or to extend the 1. The maximum duration of the convict’s
suspended sentence for a certain specified sentence shall NOT be more than three
period or until the child reaches the times the length of time corresponding to the
maximum age of twenty-one (21) years (RA most severe of the penalties imposed upon
9344) him.
2. But in no case to exceed 40 years.
ARTICLE 69 3. This rule shall apply only when the convict is
PENALTY TO BE IMPOSED WHEN THE to serve 4 or more sentences successively.
CRIME COMMITTED IS NOT WHOLLY 4. Subsidiary penalty forms part of the penalty.
EXCUSABLE
Different systems of penalty, relative to the
Penalty: Lower by one or two degrees than that execution of two or more penalties imposed
prescribed by law on one and the same accused: 1. Material
accumulation system
Application: When there is lack of some of the No limitation whatever, and accordingly, all
conditions required to justify the deed or to the penalties for all the violations were
exempt from criminal liability in the several imposed even if they reached beyond the
cases mentioned in Arts. 11 and 12; natural span of human life.
PROVIDED THAT, the majority of such
conditions be present. 2.Juridical accumulation system
Limited to not more than three-fold the length
Unlawful aggression is indispensable in self- of time corresponding to the most severe and
defense, defense of relatives and defense of in no case to exceed 40 years. This is
stranger, without which, the offender is not followed in our jurisdiction.
entitled to reduction.
3.Absorption system
ARTICLE 70 The lesser penalties are absorbed by the
SUCCESSIVE SERVICE OF SENTENCE graver penalties.
When the culprit has to serve two or more ARTICLE 71
penalties, he shall serve them simultaneously if GRADUATED SCALES
the nature of the penalties will so permit.
Apply this article in determining the proper
Otherwise, the order of their severity (under this degree where the law prescribes a penalty
article) shall be followed – so that they may be lower or higher by two or more degrees than
executed another given penalty.
successively

Penalties which may be simultaneously served Scale No. 1 Scale No. 2

are: 1. Death 1. Perpetual
1. Perpetual absolute disqualification 2. Reclusion absolute
2. Perpetual special disqualification perpetua disqualification

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3. Reclusion 2. Temporary minimum of the fine but only the maximum,

temporal absolute the court can impose any amount not
4. Prision mayor disqualification exceeding such maximum.
5. Prisioncorrecciona 3. Suspension 3. When the law fixes both the minimum and
l from public the maximum, the court can impose an
6. Arresto mayor office, the right amount higher than the maximum; whereas,
7. Destierro to vote and be when only the maximum is fixed, it cannot
8. Arrestomenor voted for, and impose an amount higher than the
9. Public censure the right to maximum.
10. Fine follow a
profession or Art.76 – The legal period of duration of
calling penalties shall be considered as divided into
4. Public three parts, forming three periods, the
censure minimum, the medium, and the maximum.
5. Fine
ARTICLE 77
ARTICLE 72 WHEN THE PENALTY IS A COMPLEX ONE
PREFERENCE IN THE PAYMENT COMPOSED OF THREE DISTINCT
OF CIVIL LIABILITIES PENALTIES

Civil liability is satisfied by following the Complex Penalty

chronological order of the dates of the final It is a penalty prescribed by law composed of
judgment. three distinct penalties, each forming a period:
the lightest of them shall be the minimum, the
SECTION THREE – PROVISIONS COMMON next the medium, and the most severe the
maximum period.
IN THE
LAST TWO PRECEDING SECTIONS
(ARTS. 73-77) An example of this is the present penalty for
treason by a resident alien, which is reclusion
temporal to death (Article 114). With the
Art. 73 – Accessory penalties are also deemed
abolition of the death penalty, such concept of a
imposed upon the convict.
complex penalty finds no application now in the
computation of penalties, but it is submitted that
Art. 74 – The penalty higher than reclusion the impasse may be resolved through the
perpetua, when death is not provided by law, process of computation stated in the second
shall be the same paragraph (Regalado).
penalty and the accessory penalties of Article
40
INDETERMINATE SENTENCE LAW (ISL)
Act No. 4103 as amended
Reason: penalty of death must be specifically
byAct No. 4225
imposed by law as a penalty for a given crime.
Concept of Indeterminate Sentence
Art. 75 – When necessary, fine shall be
It is a sentence with a minimum term and a
increased or reduced for each degree, by ¼ of
maximum term which, the court is mandated to
the maximum amount prescribed by law,
impose for the benefit of a guilty person who is
without however, changing the minimum.
not disqualified therefore, when the maximum
Fines are graduated into degrees for the imprisonment exceeds one (1) year. It applies
accomplices and accessories and for the to both violations of Revised Penal Code and
principals in frustrated and attempted felonies. special laws.
Distinctions between fine with a minimum Purpose of ISL: To uplift and redeem valuable
and fine without a minimum. human material and prevent unnecessary and
1. In both, the law fixes the maximum of the excessive deprivation of personal liberty and
fine. economic usefulness (People vs Ducosin, 59
2. When the law fixes the minimum of the fine, Phil 109; People vs Onate, 78 SCRA 43)
the court cannot change the minimum; (Gregorio).
whereas, when the law does not state the

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A. Sentence in the ISL BUT only when ISL would be favorable to the
Sentence in the ISL accused; if it would result in lengthening his
prison sentence, ISL should NOT be applied.
If the penalty is If the penalty is
imposed by the RPC imposed by Special Note: The modifying circumstances are
Penal Laws considered only in the imposition of the
Maxim um Term maximum term of the indeterminate sentence
That which could be Must not exceed the (They are not considered in fixing the
properly imposed maximum term fixed minimum).
under the RPC, by said law. B. When benefit of the ISL is NOT
considering the applicable: The Indeterminate Sentence
aggravating and Law shall not apply to the following
mitigating persons: 1D2P2 THEM
1. Maximum term of imprisonment actually
circumstances. imposed does not exceed 1 year
Minimu m Term 2. Sentenced to the penalty of destierro or
Within the range of Must not be less suspension only
the penalty one than the minimum 3. sentenced to death penalty, reclusion
degree lower than term prescribed by perpertua, or life imprisonment
that prescribed by the same. 4. Convicted of piracy
the RPC, without 5. Granted with conditional pardon by the
considering the Note:For special president, but violated the terms thereof
circumstances laws, it is anything 6. Convicted of treason, or conspiracy or
within the inclusive proposal to commit treason
Note:BUT when range of the 7. Habitual delinquent
there is a privileged prescribed penalty. 8. Escaped from confinement as a prisoner,
Courts are given or evaded sentence
mitigating
discretion in the 9. Convicted misprision of treason,
circumstance, so imposition of the
espionage rebellion, or sedition (MERS)
that the penalty has indeterminate
to be lowered by penalty. The BUT a recidivist for the first time may be given
one degree, the aggravating and the benefits of the ISL.
STARTING POINT mitigating
circumstances are C. Release of the Prisoner on Parole The
for determining the
not considered Board of Pardons and Parole may
minimum term of the authorize the release of a prisoner on
unless the special
indeterminate parole, after he shall have served the
law adopts the same
penalty is the minimum penalty imposed on him,
terminology for PROVIDED that:
penalty next lower
penalties as those 1. Such prisoner is fitted by his training for
than that prescribed
used in the RPC release,
by the Code for the
(such as 2. There is reasonable probability that he will
offense. live and remain at liberty without violating
reclusiónperpetua
the law,
and the like).
3. Such release will not be incompatible with
the welfare of society.
In imposing a prison sentence for an offense
punished by the Revised Penal Code or special D. Entitlement to Final Release and
penal laws, the court shall sentence the Discharge If during the period of
accused to an indeterminate sentence, which surveillance such paroled prisoner shall:
has a maximum and a minimum term based on 1. Show himself to be a law-abiding citizen
the penalty ACTUALLY IMPOSED. and,
2. Shall not violate any law,
ISL application is mandatory, where The Board may issue a final certification in
imprisonment would exceed one year. his favor, for his final release and
discharge.

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E. Sanction for Violation of Conditions of circumstance. ii. Minimum term –

the Parole When the paroled prisoner shall anywhere within the range of prision
violate any of the conditions of his parole: mayor without reference to any of its
1. The Board may issue an order for his period.
arrest, and thereafter, c. There is one aggravating
2. The prisoner shall serve the remaining circumstance
unexpired portion of the maximum i. Maximum Term – reclusion
sentence for which he was originally temporal, in its maximum period,
committed to prison. after considering the aggravating
circumstance
F. Reasons for Fixing the Maximum and ii.Minimum Term – anywhere within
Minimum Terms in the Indeterminate the range of prision mayor without
Sentence The minimum and maximum reference to any of its period
terms in the ISL must be fixed, because
they are the basis for the following: 2. Under Special Law:
1. Whenever a prisoner has: (a) served the A is convicted of illegal possession of
MINIMUM penalty imposed on him, and firearms punishable by 1 year and 1 day
(b) is fit for release of the prisoner on to 5 years of imprisonment
parole, upon terms and conditions a. Maximum Term – shall not exceed 5
prescribed by the Board. years as
2. But when the paroled prisoner violates fixed by law
any of the conditions of his parole during b. Minimum Term – shall not be less
the period of surveillance, he may be than the minimum of 1 year and 1 day
rearrested to serve the remaining prescribed by said law.
unexpired portion of the MAXIMUM
sentence. PROBATION LAW OF 1976
3. Even if a prisoner has already served the (PD 968, as amended)
MINIMUM, but he is not fitted for release
on the parole, he shall continue to serve A. Concept
until the end of the MAXIMUM term.
Probation
It is a disposition under which a defendant
In fixing the minimum penalty, it is necessary after conviction and sentence is released
for the court to consider the criminal, first, as an subject to conditions imposed by the court
individual and, second, as a member of society. and to the supervision of a probation officer.
G. Illustrations of Application of Probation is NOT an absolute right. It is a
Indeterminate mere privilege whose grant rests upon the
Sentence Law discretion of the trial court. Its grant is
1. Under the Revised Penal Code: A subject to certain terms and conditions that
penalty of reclusion temporal was may be imposed by the trial court. Having
imposed upon A for committing homicide. the power to grant the probation, it follows
a. There is no mitigating or that the trial court also has the power to
aggravating circumstance order its revocation in a proper case and
i. Maximum Term – reclusion temporal under proper circumstances.
which
should be imposed in the B. Three- Fold Purpose
medium 1. To promote the correction and
period (Art 64 par. 1) rehabilitation of an offender by providing
ii.Minimum Term – anywhere within him with individualized treatment;
the range of prision mayor, the 2. To provide an opportunity for the
penalty next lower from reclusion reformation of a penitent offender which
temporal. might be less probable if he were to
b. There is one ordinary serve a prison sentence; and
mitigating circumstance 3. To prevent the commission of offenses.
i. Maximum term – reclusion temporal,
in its minimum period, after C. Application
considering the mitigating

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probation is granted.
This shall apply to all offenders except those 2. Available institutional and community
entitled to benefits under PD 603 and similar resources.
laws.
H. Probation shall be denied if the court
May be granted even if the sentence is fine finds that:
only, but with subsidiary imprisonment in 1. The offender is in need of correctional
case of insolvency. treatment that can be provided effectively
by his commitment to an institution.
D. Where and When to File the Application: 2. There is undue risk of committing
An APPLICATION for probation shall be filed another crime.
by the defendant with the trial court within the 3. Probation will depreciate the seriousness
period for perfecting an appeal. of the offense committed.

Note: NO application for probation shall be I. Disqualified Offenders

entertained or granted if the defendant has The benefits of the Decree shall NOT be
PERFECTED AN APPEAL from the extended to those:
judgment of conviction. 1. Sentenced to serve a maximum term of
imprisonment of more the 6 years.
E. Effects of Filing and Grant/Denial of 2. Convicted of subversion or any crime
Application against the national security or public
a. FILING of application for probation order.
operates as a waiver of the right to appeal. 3. Previously convicted by final judgment of
b. The order granting or denying probation an offense punished by imprisonment of
shall not be appealable. not less than 1 month and 1 day and/or a
c. Accessory penalties are deemed suspended fine not less than P200.
once 4. Once placed on probation.
d. Civil liability is not affected by the suspension 5. Who appealed.
of the sentence imposed on the accused who 6. Convicted of drug trafficking or drug
is granted probation; court must hear the civil pushing
aspect. 7. Convicted of election offenses under the
Omnibus Election Code.
The court may, after it shall have convicted
and sentenced a child in conflict with the law, Note: #5 does not apply to minor offenders. A
and upon application at any time, place the child in conflict with law can apply probation
child on probation in lieu of his/her sentence, ANYTIME.
taking into account the best interest of the
child. For this purpose, Section 4 of J. Conditions of Probation
presidential Decree No. 968, otherwise Two kinds of conditions
known as the “Probation Law of 1976” is imposed:
hereby amended accordingly (Sec. 42, RA 1. Mandatory or general – once violated, the
9344, Juvenile Delinquency Law). probation is cancelled. They are:
a. Probationer: Presents himself to the
F. Post-sentence Investigation probation officer designated to
The convict is not immediately placed on undertake his supervision, at such place
probation. There shall be a prior as may be specified in the order, within
investigation by the probation officer and a 72 hours from receipt of order;
determination by the court. He may, b. He reports to the probation officer at
however, be released under his bail filed in least once a month.
the criminal case or on recognizance. 2. Discretionary or special – additional
conditions listed, which the courts may
G.Criteria for Placing an Offender on additionally impose on the probationer
Probation The court shall consider: towards his correction and rehabilitation
1. All information relative to the character, outside prison. HOWEVER, the
antecedents, environment, mental, and enumeration is not inclusive. Probation
physical condition of the offender. statutes are liberal in character and enable

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the courts to designate practically ANY

term it chooses, as long as the L. Arrest of Persons on Probation and
probationer’s Constitutional rights are not Subsequent Dispositions
jeopardized. Also, they must not be unduly 1. At any time during probation, the court
restrictive of probationer, and not may issue a warrant for the ARREST of a
incompatible with the freedom of probationer for any serious violation of the
conscience of probationer. conditions of probation, or upon
commission of another offense.
K. Period of Probation 2. If violation is established, the court may
For how long may a convict be placed on (a) REVOKE his probation, or (b) continue
probation? his probation and MODIFY the conditions
1. If the convict is sentenced to a term of thereof. This order is not appealable.
imprisonment of NOT more than one 3. If revoked, the probationer shall SERVE
year, the period of probation shall not the sentence originally imposed.
exceed 2 years.
2. In all other cases, if he is sentenced to M.Termination of Probation
more than one year, said period shall not The court may order the final discharge of
exceed 6 years. the probationer upon finding that, he has
3. When the sentence imposes a fine only fulfilled the terms and conditions of his
and the offender is made to serve probation.
subsidiary imprisonment. The period of N. Effects of Termination of Probation 1.
probation shall be twice the total number Case is deemed terminated.
of days of subsidiary imprisonment. 2.Restoration of all civil rights lost or
suspended.
3.Fully discharges liability for any fine imposed.
CHAPTER FIVE: EXECUTION AND SERVICE OF PENALTIES
Note that the probation is NOT coterminous with its (ARTS. 78-88) period. There
must be an order issued by the court discharging the probationer (Bala vs.
Martinez, 181

SCRA 459, 1990). ARTICLE 78

WHEN AND HOW PENALTY IS TO BE EXECUTED

Only penalty by final judgment can be executed. A penalty shall be executed in the form prescribed
by law and with any circumstances or incidents expressly authorized thereby.

ARTICLE 79
SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY

Rules regarding execution and service of penalties in case of insanity:

1. When a convict becomes insane or imbecile after final sentence has been pronounced, the
execution of such sentence is suspended only as regards the personal penalty.
2. If he recovers his reason, his sentence shall be executed unless the penalty has prescribed.
3. Even if while serving his sentence, the convict becomes insane or imbecile, the above provisions
shall be observed.
4. But the payment of his civil or pecuniary liabilities shall not be suspended.

NOTE: Art. 80 has been repealed by PD 603 which was amended by RA 9344.

THE CHILD AND YOUTH WELFARE CODE

(PD 603, As Amended)

Who is a Youthful Offender?

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 Pardon Probation
Includes any crime Exercised
and is exercised CRIMINAL individually
LAW BOOK ONE
individually by the by the trial court.
President
Exercised when the Must be exercised R.A. 9344 (Juvenile Justice & Welfare Act of 2006)
person is already within the period for repealed P.D. 603 (The Child and Youth Welfare Code)
convicted perfecting an on the matter so that a child 15 years of age or below at
the time of the commission of the offense is exempt from
appeal. criminal liability. If the child is over 15 but less than 18
Merely looks It promotes the years of age, he is likewise exempt from criminal liability
FORWARD and correction and UNLESS he acted with discernment.
relieves the rehabilitation of an
offender from the offender by
consequen- ces of providing him with
an offense of which individualized
he has been treatment; provides
convicted; it does an opportunity for
not work for the the reformation of a
restoration of the penitent offender
rights to hold public which might be less
office, or the right of probable if he were
suffrage, unless to serve a prison
such rights are sentence; and
expressly restored prevent the
by means of commission of
pardon. offenses.
Does not alter the Does not alter the
fact that the fact that the
accused is a accused is a
recidivist as it recidivist as it
produces only the provides only for an
extinction of the opportunity of
personal effects of reformation to the
the penalty penitent offender
Does not extinguish Does not extinguish
the civil liability of the civil liability of
the offender the offender
Being a PRIVATE Being a grant by the
ACT by thetrial court; it follows
President, it must that the trial court
be pleaded and also has the power
proved by theto order its
person pardoned revocation in a
proper case and
under proper
circumstances.
What is the Purpose of the Code?
The purpose is to avoid a situation where
JUVENILE OFFENDERS would commingle with ordinary criminals in prison.

Guidelines:
If the court finds that the youthful offender committed the crime charged against him, it shall
DETERMINE the

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imposable penalty and the civil liability crimes punishable with destierro lies with the
chargeable against him. Municipal Trial Court.

The court may not pronounce judgment of Only in the following cases is destierro
conviction but instead SUSPEND all further imposed:
proceedings. 1. Death or serious physical injuries is caused
or are inflicted under exceptional
Note: Suspension of sentence shall NOT circumstances (Art. 247);
APPLY TO (1) a youthful offender who once 2. Failure to give bond for good behavior in
enjoyed suspension of sentence under its grave and light threats (Art. 284);
provisions, or (2) one who is convicted of an 3. Penalty for the concubine in concubinage
offense punishable by death or life (Art. 334);
imprisonment. 4. When, after reducing the penalty by one or
more degrees, destierro is the proper
The youthful offender shall be RETURNED to penalty.
the committing court for pronouncement of
judgment, when the youthful offender: 1. has Entering the prohibited area is evasion of the
been found incorrigible, or service of the sentence.
2. has willfully failed to comply with the
conditions of his rehabilitation programs; or ARTICLE 88
3. when his continued stay in the training ARRESTO MENOR
institution would be inadvisable.
Served in:
When the youthful offender has reached the 1. Municipal jail;
age of EIGHTEEN while in commitment, the 2. House of defendant himself under the
court shall determine whether- surveillance of an officer of law BUT ONLY
1. To DISMISS the case, if the youthful when the court so
offender has behaved properly and has provides in its decision
shown his capability to be a useful member
of the community; or Grounds: health of the offender; other reasons
2. To PRONOUNCE the judgment of conviction, satisfactory to the court
if the conditions mentioned are not met.

In the latter case, the convicted offender may

apply for PROBATION. In any case, the TITLE FOUR: EXTINCTION OF
youthful offender shall be credited in the
service of his sentence with the full time CRIMINAL LIABILITY
spent in actual commitment and detention.
CHAPTER ONE: TOTAL EXTINCTION OF
The final release of a youthful offender, CRIMINAL LIABILITY
based on good conduct as provided in Art. (ARTS. 89-93)
196 shall not obliterate his CIVIL LIABILITY
for damages.

Note:
Arts. 81 – 85 refer to execution of Death ARTICLE 89
Penalty CRIMINAL LIABILITY IS
Arts. 86 refers to execution and service of other TOTALLY EXTINGUISHED
penalties (reclusion perpetua, reclusion
temporal, prision mayor, How criminal liability totally extinguished:
prisioncorrecional&arresto mayor) (DSP3AM)
1. By the death of the convict as to personal
ARTICLE 87 penalties; but as to pecuniary penalties,
DESTIERRO liability is extinguished only when the death of
Destierro the offender occurs before final judgment;
It is considered as a principal, correctional and 2. By service of sentence; however, it does not
divisible penalty. Therefore jurisdiction over extinguish the civil liability; (Salgado vs.

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 CRIMINAL LAW BOOK ONE

Court of Appeals, G.R. No. 89606, August abduction, and acts of lasciviousness. In the
30, 1990) crimes of rape, seduction, abduction, and
3. By absolute pardon; acts of lasciviousness, the marriage, as
4. By prescription of the crime; provided under Art. 344, must be contracted
5. By prescription of penalty; in good faith.
6. By amnesty, which completely extinguishes
the penalty and all its effects;
7. By marriage of the offended woman with the Pardon offenseAmnestyhe had
offender in the crimes of rape, seduction, It restores
Includes any tocrime
the Acommitted resulting
blanket pardon to
Extinction of criminal liability does not automatically
individual his civil in theof persons
partial
extinguish civil liability (Petralba v. Sandiganbayan, and is exercised classes
G.R. no. 8137, August 16, 1991). and political rights
individually by the or extinction of
communities his
and
Presidentremits the who
criminal
may liability.
be guilty
Death of the offended party will not extinguish the penalty imposed for of political offenses.
criminal liability of the accused even in private the Exercised whenparticular
the May be exercised
offenses. offense of which he even before trial or
person is already
convicted
was convicted. investigation is had
Civil liability is extinguished only when death occurs
before final judgment. Merely looks Looks BACKWARD
FORWARD and and abolishes and
Judgment becomes final: relieves the puts into oblivion
1. After the lapse of the period for perfecting an appeal; or
offender from the the offense itself; it
2. When the sentence has been partly or totally
satisfied or served; or consequen- ces of so overlooks and
3. The defendant has expressly waived in writing his an offense of which obliterates the
right to appeal (Sec. 7, Rule 16, Rules of Court). he has been offense with which
convicted; it does he is charged that
Effect of death of the accused pending appeal of not work for the the person his
conviction
General Rule: The death of the accused pending the restoration of the released by
appeal of his conviction extinguishes his criminal rights to hold public amnesty stands
liability as well as his civil liability based solely on the office, or the right before the law
offense committed. of suffrage, unless precisely as though
such rights are he had committed
Exception: Civil liability arising from sources other
expressly restored no offense.
than the crime committed survives and may be
pursued in a separate civil action. Sources of civil by means of
liability other than crime are law, contracts, quasi- pardon.
contracts and quasidelicts. (People vs. Bayotas, G.R. Does not alter the Makes an ex- No.
152007, September fact that the convict no longer a
2, 1994)
accused is a recidivist, because
Amnesty recidivist as it it obliterates the
It is an act of the sovereign power granting oblivion or produces only the last vestige of the
general pardon for a past offense, and is rarely if ever extinction of the crime
exercised in favor of a single individual, and is usually personal effects of
extended in behalf of certain classes of persons who the penalty are
subject to trial but have not yet been convicted.
Does not extinguish Does not extinguish
Pardon the civil liability of the civil liability of
It is an act of grace, proceeding from the power the offender the offender
entrusted with the execution of the laws, which Being a PRIVATE Being a
exempts the individual on whom it is bestowed from the
ACT by the Proclamation of
punishment the law inflicts for the crime he has
committed. President, it must the Chief
be pleaded and Executive with the
proved by the concurrence of
person pardoned Congress; it is a
89 | P a g e PUBLIC ACT of
which the courts
should take
judicial notice
 CRIMINAL LAW BOOK ONE

Pardon must be given AFTER final judgment, otherwise, there will be violation of the Doctrine of
Separation of Powers.

Absolute Pardon Conditional

Pardon
The total extinction The exemption of
of criminal liability of an individual within
the individual to certain limits or
whom it is granted conditions from the
without any punishment which
condition. the law inflicts for
the
ARTICLE 90 Illegal recruitment – prescription is determined
PRESCRIPTION OF CRIMES from the time the accused is certified as an
illegal recruiter.
Prescription of the crime
It is the forfeiture or loss of the right of the State Rule where last day of prescriptive period
to prosecute the offender after the lapse of a falls on a Sunday or legal holiday
certain time. The information can no longer be filed on the
next day as the crime has already prescribed.
Based on the penalty prescribed by the RPC. In
computing the period of prescription, the first is Period will not be prolonged because doubt
to be excluded and the last day included. should be resolved in favor of the accused.

Prescriptive periods of crimes: When the penalty is a compound one: The

1. Crimes punishable by highest penalty is the basis of the application of
a. Death, reclusión perpetua or reclusión the rules contained herein.
temporal –
20 years Is there a conflict between the provisions of the
b. Afflictive penalties – 15 years Revised Penal Code on prescription of crimes
c. Correctional penalties – 10 years except and Section 8, Rule 117 of Rules of Court
those punishable by arresto mayor which (time-bar)?
shall prescribe in 5 years. NO, it is but a limitation of the right of the State
2. Crime of libel – 1 year to revive a criminal case against the accused
3. Offenses of oral defamation and slander by after the Information had been filed but
deed – 6 months subsequently provisionally dismissed with the
a. Simple slander – 2 months express consent of the accused. If a criminal
b. Grave slander – 6 months case is dismissed on motion of the accused
4. Light offenses – 2 months because the trial is not concluded within the
5. Crimes punishable by fines period therefor, the prescriptive periods under
a. If fine is afflictive – 15 years the Revised Penal Code are not thereby
b. If it is correctional – 10 years diminished. But whether or not the prosecution
c. If it is light – 2 months of the accused is barred by the statute of
limitations or by the lapse of the time-line under
the new rule, the effect is basically the same.
The subsidiary penalty for nonpayment of the
fine should not be considered in determining
the period of such crimes. Violations penalized by special laws
Such offenses are, unless otherwise provided in
When fine is an alternative penalty higher than their respective special penal laws, prescribe in
the other penalty which is by imprisonment, accordance with the following rules:
prescription of the crime is based on the fine. 1. After 1 year for offenses punished only by a
fine or by imprisonment for not more than
one month, or both;

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2. After 4 years for those punished by cases falling under the Rules on Summary
imprisonment for more than one month, but Procedure (must be filed with the court) and
less than two years; when filed with the Punong Barangay
3. After 8 years for those punished by (interruption should not exceed 60 days).
imprisonment for two years or more, but less 3. It shall commence to run again when such
than six years; and proceedings terminate without the accused
4. After 12 years for any other offense punished being convicted or acquitted, or unjustifiably
by imprisonment for six years or more, stopped for any reason not imputable to the
except the crime of treason, which shall accused.
prescribe after twenty years. The termination contemplated here refers to
5. Violations penalized by municipal ordinances a termination that is final as to amount to a
shall prescribe after 2 months (Act 3326) jeopardy that would bar a subsequent
prosecution.
When prescription of violations penalized by 4. The term of prescription shall not run when
special laws and ordinances begins to run the offender is absent from the Philippine
It begins from the day of the commission of the Archipelago.
violation, and if the same be not known at the
time, from the discovery thereof and the The prescriptive period of continuing crime,
institution of judicial proceedings for its cannot begin to run because there could be no
investigation and punishment (Sec. 2, Act No. termination of continuity and the crime does not
3326). end.

When prescription interrupted The filing of the complaint with the municipal
It shall be interrupted when proceedings are trial court, although only for preliminary
instituted against the guilty party, and shall investigation, interrupted and suspended the
begin to run again if the proceedings are period of prescription in as much as the
dismissed for reasons not constituting jeopardy jurisdiction of a court in a criminal case is
(Sec. 2, Act No. 3326). determined by the allegation in the complaint or
information, not by the result of proof.
Note: In Romualdez v. Marcelo et al. (GR No.
165510-33, July 28, 2006) the Court ruled that Accused cannot be convicted of lesser offense
the running of the prescription of an offense included within the offense charged, if the latter
punished by a special law is NOT tolled by the has already prescribed. (Francisco vs. Court of
absence of the offender from Philippine soil. Appeals, 122 SCRA
545, 1983)

Situations which do NOT follow Art. 91:

1.Continuing crimes;

2.In crimes against false testimony

ARTICLE 91 a. If the testimony is against the defendant
COMPUTATION OF PRESCRIPTION – from the date final judgment was
OF OFFENSES rendered;
b. If the testimony is in favor of the
Outline: defendant – from the date when testimony
1. Period of prescription commences to run was given
from the day on which the crime is 3. Election offenses – (1) if discovery of
discovered by the offended party, the offense is incidental to judicial proceedings,
authorities, or their agents. prescription begins when such proceeding
The period of prescription of crime terminates; otherwise, (2) from the date of
commences to run from the commission of commission of offense.
the offense or its discovery, if the 4. Bigamy – although marriage is
commission of the same was unknown registered, prescriptive period commences
(People v. Tamayo, 40 O.G. 2313). from date of discovery.
2. It is interrupted by the filing of the complaint
or information corresponding to the offense Effect of filing an amended complaint or
committed with the prosecutor except in information upon period of prescription

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If the amendment charges a different crime, the 2. It is interrupted if the convict:

date of the amended complaint or information a. Gives himself up;
should be considered. If it is merely a b. Be captured;
correction of a defect, the date of the original c. Goes to a foreign country with which we
complaint or information should be considered. have no extradition treaty; or
d. Commits another crime before the
ARTICLE 92 expiration of the
PRESCRIPTION OF PENALTIES period of prescription.

Prescription of the penalty The period of prescription of penalty shall

It is the loss or forfeiture of the right of the commence to run again when the convict
government to execute the final sentence, after escapes again, after having been captured and
the lapse of a certain time. returned to prison.
Elements:
Prescription of penalties is based on the penalty 1.That the penalty is imposed by final
imposed. judgment;
2.That the convict evaded the service of his
Prescriptive periods of penalties: sentence by escaping during the term of his
1.Death and reclusion perpetua – 20 years sentence;
2.Other afflictive penalties – 15 years 3.The convict who escaped from prison has not
3.Correctional penalties – 10 years except for given himself up, or been captured, or gone
the penalty of arresto mayor which prescribes to a foreign country with which we have no
in 5 years. 4. Light penalties – 1 year extradition treaty, or committed another
crime;
The penalties must be imposed by final 4.If our Government has extradition treaty with
sentence. Hence, if the convict appealed and the country to which the offender escaped,
thereafter fled to the mountains, the penalty but the crime committed is not included in the
imposed upon him would never prescribe, treaty, it is believed that it would interrupt the
because pending the appeal, the sentence is running of the prescriptive period.
not final. 5.That the penalty has prescribed, because of
the lapse of time from the date of the evasion
If the accused was never arrested to serve his of service of the sentence by the convict.
sentence, the prescriptive period cannot 6.Acceptance of conditional pardon interrupts
commence to run. the prescriptive period.

Should the evasion of service of sentence,

Prescription of thePrescription of the
being in itself a crime, interrupt the running
Crime Penalty of the prescriptive period of penalties?
The forfeiture or loss
The forfeiture or loss of NO. The evasion of the service of the sentence,
of the right of the
the right of the which is a requisite in the prescription of
State to prosecutegovernment to execute penalties, must necessarily take place
BEFORE the running of the period of
the final sentence prescription; hence, cannot interrupt it.
It is the penalty It is the penalty imposed
prescribed by law that should be Period of prescription that ran during the
that should be considered. evasion is not forfeited
considered. If the culprit is captured and evades again the
service of his sentence, the period of
prescription that has run in his favor should be
ARTICLE 93
taken into account.
COMPUTATION OF THE PRESCRIPTION
OF PENALTIES
CHAPTER TWO: PARTIAL EXTINCTION
Outline: OF CRIMINAL LIABILITY (ARTS. 94-99)
1. Period of prescription commences to run
from the date when the culprit evaded the
service of his sentence.

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ARTICLE 94 original penalty.

PARTIAL EXTINCTION
OF CRIMINAL LIABILITY Obligation incurred by a person granted
conditional pardon
Criminal liability is partially extinguished: He must comply strictly with the conditions
1. By conditional pardon; imposed in the pardon.
2. By commutation of sentence;
The commutation of the original sentence for Failure to comply with the condition shall result
another of a different length and nature shall in the revocation of the pardon. Under Section
have the legal effect of substituting the latter 64(i), R.A.C, the Chief Executive may order his
in place of the former. arrest and reincarceration.
3. For good conduct allowances which the
culprit may earn while he is serving his He becomes liable under Art. 159 (This is the
sentence; judicial remedy).
4. By parole
a. Parole – is the suspension of the Allowance for good conduct is NOT given to
sentence of a convict, after serving the prisoners released under conditional pardon.
minimum term of the indeterminate
penalty, without being granted a pardon,
Allowance for Good Conduct
prescribing the terms upon which the
1. During the first 2 years of imprisonment, he
sentence shall be suspended
shall be allowed a deduction of 5 days for
b. If the convict fails to observe the condition
each month of good behavior.
of the parole, the board of pardons and
2. During the 3rd to 5th years of imprisonment,
parole is authorized to:
he shall be allowed a deduction of 8 days for
i. Direct his arrest and return to custody
and thereafter; each month of good behavior.
3. During the following years until the 10 th year
ii. To carry out his sentence without
of imprisonment, he shall be allowed a
deduction of the time that has elapsed
deduction of 10 days for each month of good
between the date of the parole and the
behavior.
subsequent arrest.
4. During the 11th and successive years of
5. By probation.
imprisonment, he shall be allowed a
deduction of 15 days for each month of good
Conditional Parole behavior.
Pardon
May be given at May be given after Special time allowance for loyalty
any time after final the prisoner has It is the deduction of 1/5 of the period of the
judgment; is served the sentence of a prisoner who, having evaded the
granted by the minimum penalty; service of his sentence during calamity or
Chief Executive is granted by the catastrophe mentioned in Art. 158, gives
under the Board of Pardons himself up to the authorities within 48 hours
provisions of the and Parole under following the proclamation by the President
Administrative the provision of the announcing the passing away of the calamity or
Code Indeterminate catastrophe.
Sentence Law
For violation of the For violation of the The authority to grant time allowance is
conditional pardon, exclusively vested in the Director of Prison.
terms of the parole, Such allowance once granted shall not be
the convict may be the convict cannot
ordered re-arrested revoked.
or re-incarcerated be prosecuted.
by the Chief Under Art. 159 of In order to be entitled to the special allowance
Executive, or may the RPC, he can for loyalty, the convict must have actually
be prosecuted escaped.
be re-arrested and
under Art. 159 of re-incarcerated to
the
Code serve the unserved
portion of his TITLE FIVE: CIVIL LIABILITY

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vs. People, G.R. No. 154579, October 8,

CHAPTER ONE: PERSONS CIVILLY 2003).
LIABLE FOR FELONIES
(ARTS. 100-103) In all these cases, civil liability from sources
other than delict are not extinguished.

Rule if the offender is acquitted, insofar as

the civil liability is concerned
As a rule, if the offender is acquitted, the civil
ARTICLE 100 liability is extinguished, EXCEPT:
CIVIL LIABILITY OF A PERSON 1. If the acquittal is on the ground that the guilt
GUILTY OF FELONY has not been proven beyond reasonable
doubt;
Every person criminally liable for a felony is 2. The acquittal was due to an exempting
also civilly liable (Art. 100). circumstance in favor of an imbecile or an
insane person, and a person under 15 years
Exceptions: of age, or those over 15 but under 18, who
1.Victimless crimes; has acted without discernment, or those
2.Flight to enemy country. acting under the compulsion of an irresistible
force or under the impulse of an
A crime has a dual character: uncontrollable fear of equal or
1. As an offense against the State, because of greater injury;
the disturbance of the social order; and 3. When the court finds and states in its
2. As an offense against the private person judgment that there is only civil responsibility;
injured by the crime, UNLESS it involves the and
crime of treason, rebellion, espionage, 4. When civil liability arises from other sources
contempt, and others wherein no civil liability of obligations
arises on the part of the offender, either
because there are no damages to be
compensated or there is no private person
injured by the crime.
ARTICLE 101
Effect of acquittal RULES REGARDING CIVIL LIABILITY
Extinction of the penal action does NOT carry IN CERTAIN CASES
with it extinction of the civil; UNLESS the
extinction proceeds from a declaration in a final Civil liability is still imposed in cases falling
judgment that the fact from which the civil under exempting circumstances, EXCEPT:
liability might arise did not exist. (See Section 1. No civil liability in paragraph 4 of Art. 12
1, Rule 111 of the 2000 Rules on Criminal which provides for injury caused by mere
Procedure. Civil liability arising from other accident.
sources of obligations is not impliedly instituted 2. No civil liability in paragraph 7 of Art. 12
with the criminal action). which provides for failure to perform an act
required by law when prevented by some
Effect of dismissal of case lawful or insuperable cause.
The dismissal of the information or the criminal
action does NOT affect the right of the offended Persons civilly liable for acts of insane or
party to institute or continue the civil action minor exempt from criminal liability
already instituted arising from the offense, (Paragraphs 1, 2 and 3 of Article 12)
because such dismissal or extinction of the The civil liability for acts committed by an
penal action does not carry with it the extinction imbecile or insane or minor exempt from
of the civil action. criminal liability shall devolve upon the person
having legal capacity or control over them, if the
Effect of death of the offender latter are at fault or negligent. They are
If the offender dies prior to the institution of the primarily liable.
action or prior to the finality of judgment, civil
liability ex-delicto is extinguished (De Guzman If there is no fault or negligence on their part, or
even if at fault or negligent but insolvent, or

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should there be no person having such

authority or control, the insane, imbecile, or Elements under paragraph 2:
such minor shall respond with their own 1. That the guests notified in advance the
property not exempt from execution. innkeeper or the person representing of the
deposit of their goods within the inn or house.
Persons civilly liable for acts of minors over 2. The guests followed the directions of the
15 years of age who act with discernment innkeeper or his representative with respect
Article 201 of the Youth Welfare Code provides to the care of and vigilance over such goods.
that the civil liability for acts committed by a 3. Such goods of the guests lodging therein
youth offender shall devolve upon the following were taken by robbery with force upon things
persons: or theft committed within the inn or house.
1.Offender’s father;
2.Mother, in case of the father’s death or No liability shall attach in case of robbery with
incapacity; violence against or intimidation of persons,
3.Guardian, in case of mother’s death or unless committed by the innkeeper’s
incapacity employees.

Persons civilly liable for acts committed by It is not necessary that the effects of the guest
persons acting under irresistible force or be actually delivered to innkeeper
uncontrollable fear
1. The persons using violence or causing the ARTICLE 103
fear are primarily liable. SUBSIDIARY CIVIL LIABILITY
2. If there be no such persons, those doing the OF OTHER PERSONS
act shall be liable secondarily.
Elements:
No civil liability is imposed in cases falling under 1. The employer, teacher, person, or
justifying circumstances, EXCEPT under corporation is engaged in any kind of
paragraph 4 of Article 11, where a person does industry.
an act, causing damage to another, in order to 2. Any of their servants, pupils, workmen,
avoid evil or injury, the person benefited by the apprentices, or employees commits a felony
prevention of the evil or injury shall be civilly while in the discharge of his duties.
liable in proportion to the benefit he received. 3. The said employee is insolvent and has not
satisfied his civil liability.

Industry
It refers to a form of productive work, especially
of manufacture, or a particular class of
productive work itself, a trade or manufacture.
ARTICLE 102
SUBSIDIARY LIABILITY OF INNKEEPERS,
TAVERNKEEPERS, AND PROPRIETORS Notes:
OF ESTABLISHMENTS A hospital doing charitable service is not
engaged in industry; hence, not subsidiarily
Elements under paragraph 1: liable for acts of nurses.
1. That the innkeeper, tavernkeeper or
proprietor of establishment or his employee The employment of the diligence to be
committed a violation of municipal ordinance expected of a good father of a family in the
or some general or special police regulation. selection and supervision of his employees will
2. That the crime is committed in such inn, not exempt the parties subsidiarily liable for
tavern or establishment. damages.
3. That the person criminally liable is insolvent.
Subsidiary liability of employer arises only after
Concurrence of all elements makes the the conviction of the employee in the criminal
innkeeper, tavernkeeper, or proprietor civilly action.
liable for the crime committed in his
establishment. The subsidiary liability may be enforced only
upon a motion for subsidiary writ of execution

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against the employer and upon proof that the

employee is insolvent (Basilio v. Court of If there is no evidence as to the value of the
Appeals, 385 Phil. 21 [2000]). thing unrecovered, reparation cannot be made
(People v. Dalena, C.A., G.R. Nos. 11387-R
If committed by a family driver, employer may and 11388-R, October 25, 1954).
be held liable on a quasi-delict.
Indemnification for damages
CHAPTER TWO: WHAT CIVIL LIABILITY Includes not only those caused the injured
INCLUDES (ARTS. 104-111) party, but also, those suffered by his family or
by a third person by reason of the crime. It is
ordinarily the remedy granted to the victims of
crimes against persons.
Reparation of and indemnification for damages
ARTICLE 104 may be obtained only from the accused and his
WHAT IS INCLUDED IN heirs.
CIVIL LIABILITY
Contributory negligence on the part of the
Restitution offended party reduces the civil liability of the
Restitution of the thing itself must be made offender.
whenever possible even when found in the
possession of a third person except when The obligation to make restoration or reparation
acquired by such person in any manner and for damages and indemnification for
under the requirements which, by law, bar an consequential damages devolves upon the
action for its recovery. heirs of the person liable. The action to demand
restoration, reparation and indemnification
Restitution cannot be ordered before final likewise descends to the heirs of the person
judgment. injured.

The liability to return a thing must arise from a Payment of civil liability:
criminal act, not from a contract.
1.Only principals - Pro rata
Restitution can be ordered even if accused was - Solidary obligation
acquitted but the thing was proved to belong to
a third person. 2.Principal, accomplice, and accessory:
Principals - Pro rata, 50 % of the civil liability
In addition to the return of the property, the Accomplices - 2/3 of 50%
culprit will be ordered to pay such amount Accessories - 1/3 of 50%
representing the deterioration or diminution of
value, if any.
The principals, accomplices and accessories
shall be liable severally among themselves and
Limited only to crimes against property BUT: subsidiarily for those of the other persons liable.
1. In a treason case, the defendant was ordered
to return the money he took from another
Any person who has participated gratuitously in
person when he committed the treasonous
the proceeds of a felony shall be bound to
act (People vs. Logo, 80 Phil 377, 379).
make restitution in an amount equivalent to the
2. In an abduction case, the defendant was extent of such participation.
ordered to return the money taken from the
offended girl (U.S. vs.
In computing the loss of the victim’s earning
Banila, 19 Phil. 130, 134).
capacity, as an item of civil liability exdelicto,
Reparation of damages the Supreme Court has constantly adopted the
Reparation will be ordered by the court if American Expectancy Table of Mortality in the
restitution is not possible. The court shall Computation thereof, using the following
determine the amount of damage, taking into formulae:
consideration the price of the thing, whenever
possible, and its special sentimental value to
Net Earning Capacity = Life Expectancy x
the injured party. It refers generally to crimes
(Gross Annual
against property.
Income – Living Expenses)

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1. Life expectancy = 2/3 x (80 – age at death)

2. Gross annual income = Monthly earnings x
number of months
3. Living Expenses = 50% of Gross Annual
Income

CHAPTER THREE: EXTINCTION AND

SURVIVAL OF CIVIL LIABILITY
(ARTS. 112-113)

ARTICLE 112
EXTINCTION OF CIVIL LIABILITY

Civil liability is extinguished (PC3NO)

1. By payment or performance;
2. By the condonation or remission of the debt;
3. By the confusion or merger of the rights of
the creditor and debtor;
4. By compensation;
5. By novation;
6. Other causes of extinguishment of
obligations, such as annulment, rescission,
fulfillment of a resolutory condition, and
prescription.

Note: Civil liability in criminal cases is not

extinguished by the loss of the thing due
because reparation will be ordered by the court
in such cases. Except as provided in Article
112, the offender shall continue to be obliged to
satisfy the civil liability arising from the crime
committed by him.

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