Criminal Law 1

(Book 1, RPC)

Atty. JULITA M. CALDERON, CPA

Faculty – CCJ
1. ORIENTATION
2. Classroom guidelines
3. (The Vision and Mission of the City, PLMun, and CCJ)

• GAD Orientation

• Course Requirements

• Course Syllabus (30 mins. only)

• REFERENCES: PLMUN Student Handbook

1. PRELIMINARY CHAPTER

• Define and explain the fundamentals of criminal law, characteristics, principles, enforceability, and limitations.

• Sources of criminal law

• Limitations upon the power of the legislature to enact penal laws

• Different philosophies underlying a criminal law system

• Time when the Code took effect

ORIENTATION

Classroom guidelines
A. CLASS POLICIES
1. Attendance shall be checked regularly. University rules on lateness and absences shall be followed.
2. Proper classroom decorum shall always be observed.
3. All mobile phones shall be put on silent mode.
4. All course requirements shall be submitted on time. Late submissions shall have corresponding deductions.
5. Students who are caught cheating and plagiarizing in any form shall be punishable by university rules.
6. Class standings shall be posted before they are released as final marks. Questions regarding grades shall be raised during this
period. Once grades are submitted at the end of the semester, they shall be considered final. Change of grades shall be possible
only if there is an error in computation.
7. Consistent with the provisions of Republic Act 11313 or the Safe Streets and Public Spaces Act of 2019, the Pamantasan as a
whole and this class in particular will not in any way tolerate any form of gender-based sexual harassment. Members of the
classroom are expected to respect one another regardless of sexual orientation and gender identity expression.
GRADING SYSTEM

The gradin g system for the un derg radu ate stud en ts at the end of every semester is as follo ws:
Notes:
A student is marked “AW” if he/she followed the Authorized Dropping procedure prescribed by the Office of the Registrar.
A grade of 5.00 (Failed) is given for the following reasons:
Inability to satisfy the minimum requirements of the subjects
Excessive Absences
Cheating during major examinations
A base 60 transmutation table must be used in assessing student performance in examinations.

GRADE RATING LETTER GRADE REMARK

97-100 1.00 A+ Passed

94-96 1.25 A Passed

91-93 1.50 B+ Passed

88-90 1.75 B Passed

85-87 2.00 B- Passed

82-84 2.25 C+ Passed

79-81 2.50 C Passed

76-78 2.75 C- Passed

75 3.00 P Passed

4.00 INC Incomplete

74 and below 5.00 F Failed

6.00 UW Unauthorized Withdrawal

GRADING SYSTEM

Notes:
1. A student is marked “AW” if he/she followed the Authorized Dropping procedure
prescribed by the Office of the Registrar.
2. A grade of 5.00 (Failed) is given for the following reasons:
a. Inability to satisfy the minimum requirements of the subjects
b. Excessive Absences
c. Cheating during major examinations
3. A base 60 transmutation table must be used in assessing student performance in
examinations.
VISION/MISSION OF THE CITY OF MUNTINLUPA
Vision: We envision Muntinlupa City as one of the leading investments hubs in the
country with educated, healthy and God-loving people living peacefully and
securely in a climate change adaptive and disaster resilient community under the
rule of transparent, caring, and accountable leadership.
Mission:
 To promote a broad-based economic growth and business-friendly environment
for sustainable development;
 To protect every person from natural and man-made hazards by ensuring strict
enforcement of necessary safety measures;
 To provide quality social services that include education, health care, livelihood
and employment, socialized housing, and social assistance, among others; and
 To institutionalize community participation in local governance, environmental
protection, and economic development.
PLMun Vision/Mission:

Vision:
A dynamic and highly competitive higher education institution committed to people
empowerment towards building a humane society

Mission:
To provide quality, affordable and relevant education responsive to the changing
needs of the local and global communities through effective and efficient
integration of instruction, research and extension; to develop productive and God-
loving individuals in the society.
College Vision/Mission (CCJ):
VISION:
We envisage the College of Criminal Justice as an excellent academic
institution within the PLMun community, committed to providing its students
quality criminal justice education, cultivating in them Christian values with
the view of honing them into morally upright, socially responsible,
economically productive and highly competent criminology professionals.
Mission:
To provide its students excellent criminal justice education while developing
within them leadership qualities compatible with Christian values, thereby
producing not only competent but also morally upright and service-oriented
graduates adequately equipped with skills for full employment within the
criminal justice system.
GAD Orientation -Overview

WHAT IS GENDER AND DEVELOPMENT (GAD)

It is a development perspective that recognizes the unequal status and situation of
women and men in society.
Women and men have different development needs and interests, which is
institutionalized and perpetuated by cultural, social, economic and political
norms, systems and structures.
GOAL OF GAD
As a development approach, GAD seeks to equalize the status and condition of and
relations between women and men by influencing the process and output of policy-
making, planning, budgeting, implementation making, planning, budgeting,
and monitoring, and evaluation so that they would deliberately address the gender
issues and concerns affecting the full development of women.
GAD Orientation
GENDER EQUITY
Means giving more opportunities to those who have less and those who are historically and
socially disadvantaged based on their needs for them to operate on a level playing field.
“Focusing on the needs of women does not mean discriminating against men or putting
them at a disadvantage”
UN–CEDAW (United Nations Convention on the Elimination of All Forms of
Discrimination Against Women) recognized the need to remove the biases against and
provide special attention to women through affirmative action. It is a temporary
measure that will be discontinued when the objectives of equality of opportunity and
treatment have been achieved.
GENDER MAINSTREAMING
Is the Philippine government’s strategy for making agencies work for women’s
empowerment and gender equality.
It is the process of analyzing existing development paradigms, practices, and goals;
assessing the implications for women and men of existing legislation policies, programs,
projects, and mechanisms.
GAD Orientation -Overview
WOMEN’S EMPOWERMENT
Is a goal of and an essential process for women’s advancement.
Is a process and condition by which women mobilize to understand,
identify, and overcome gender discrimination and achieve equality.
Women become agents of development and not just beneficiaries.
A kind of participation in development that enables women to make
decisions based on their own views and perspective.
To empower women, access to information, training, technology,
market, and credit is necessary.
Basis of GAD in education:
What is the basis of GAD?
RA 9710 - defines Gender and Development Program (GAD) as the
development perspective and process that is participatory and
empowering, equitable, sustainable, free from violence, respectful of
human rights, supportive of self-determination and actualization of
human potentials.
What is the purpose of CHED Memo No 1 2015?
The implemented Commission on Higher Education (CHED)
Memorandum No. 1, s. 2015 required State Universities and Colleges
(SUCs) and Private Higher Education Institutions (HEIs) to contribute
to women's empowerment and gender equality.
Background of the Revised Penal Code

The RPC was prepared by the Code Committee headed by the late
Justice Anacleto Diaz and in its preparation, the Committee considered the
following criteria:

1. The penal legislation found in the statute books;

2. The rulings of the Supreme Court; and
3. The conditions then present in the Islands.

Various penal acts enacted during the early years of the American
administration were also incorporated in the RPC like the laws on libel,
malversation, gambling, and others.
 Preliminary Chapter
Criminal Law - it refers to that branch of municipal law which defines crimes,
treats of their nature, and provides for their punishment.
Crime - it is the commission or omission by a person having capacity, of any act,
which is either prohibited or compelled by law and the commission or omission of
which is punishable by a proceeding brought in the name of the government
whose law has been violated.
A crime may be a/an:
a. Felony
b. Offense
c. Misdemeanor or infraction
 Preliminary Chapter
Sources of Philippine Penal laws:
1. The Revised Penal Code (Act 3815, as amended) approved on December
8, 1930 which took effect on January 1, 1932;
2. Acts of Philippine Legislature, National Assembly, Congress of the
Philippines, Batasang Pambansa, and such other laws like presidential
decrees punishing offenses.
3. Special laws
4. Executive edicts/decrees, (e.g., PDs and EOs issued during time of
extraordinary emergencies)
 Preliminary Chapter

Who has the power to define and punish an act as a crime?

Only the Legislative Department where the legislative power is vested under
the Constitution. However, this power may be exercised by the Chief
Executive in the following cases -
a. Thru an executive order may perform this prerogative in the in the
exercise of his emergency powers properly delegated by law;
b. During Martial Law (Proclamation 1081);
c. Thru Amendment No. 6 of the 1973 Constitution.
 Preliminary Chapter
Limitations on the power of the Legislature to enact penal laws:
While Congress is the branch of the government that has the sole power to declare
an act as a crime, the 1987 Philippine Constitution sets limitations upon such
power which are as follows:
1. It cannot enact class legislation (laws must be of general application and must
not violate the equal protection clause);
2. Congress cannot enact laws that operate ex post facto;
3. It cannot enact bills of attainder; and
4. It cannot enact laws prescribing cruel and unusual punishments, or imposing
excessive fines.
 Preliminary Chapter

Philosophies underlying the criminal law system:

1. Classical/Juristic Philosophy
2. Positivist/Realistic Philosophy
3. Eclectic/Mixed Philosophy
4. Utilitarian or Protective Theory
 Preliminary Chapter

Characteristics of Penal Laws:

1. Generality
2. Territoriality
3. Prospectivity
 Preliminary Chapter
Offenses are not triable/punishable under RPC:

1. Those punished under special laws, RPC has only suppletory effect;
2. Those committed by persons exempted from local criminal jurisdiction by reason of
treaty stipulations or laws of preferential application;
3. Those committed by persons not subject to local jurisdiction under the principles of
public international law;
4. Those committed outside the territorial jurisdiction of the Philippines, except as provided
in Art. 2; and
5. War crimes which are triable by military commissions
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 1 – Felonies

Article 1: Time when Act takes effect – January 1, 1932

Categories of Crime:
1. Mala in Se
2. Mala Prohibita
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 1 - Felonies
ARTICLE 2: Application of its provisions
As a general rule, our penal laws are enforceable only within our territorial boundaries.
Exceptions:
1. Those committed on Philippine ship or airship;
2. Forgery or counterfeiting of coin or currency note of the Philippines or obligations and securities
issued by the Government of the Philippines;
3. Acts connected with the introduction into the Philippines of the obligations and securities
mentioned in the preceding number;

4. Offenses committed by public officers or employees in the exercise of their functions;

5. Crimes against national security and the law of nations defined in Title One of Book Two of the RPC
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 1 - Felonies
ARTICLE 3. Definition of Felonies - Acts and omissions punishable by law are
felonies (delitos). Felonies are committed not only be means of deceit (dolo) but
also by means of fault (culpa).

Kinds of crime as to mode of incurring criminal liability:

1. intentional felonies

2. culpable felonies

3. offenses punishable by special laws

 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 1 - Felonies
ARTICLE 4. How criminal liability is incurred
Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be
different from that which he intended.
2. By any person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or on
account of the employment of inadequate or ineffectual means.
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 1 - Felonies
ARTICLE 5. Duty of the court in connection with acts which should be repressed
but which are not covered by the law, and in cases of excessive penalties

ARTICLE 6. Stages in the execution of felonies

1. Consummated
2. Frustrated
3. Attempted
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 1 - Felonies
ARTICLE 7. When light felonies are punishable - Light felonies are punishable only
when consummated, except if crime against persons or property, it is punishable
even if it is only attempted or frustrated.
ARTICLE 8. Conspiracy and Proposal to commit felony
Conspiracy - when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

Proposal - when the person who decided to commit a felony proposes its
execution to some other person or persons.
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 1 - Felonies
ARTICLE 9. Classification of felonies according to gravity
1. Grave felonies
2. Less grave felonies
3. Light felonies

ARTICLE 10. Offenses not subject to the provisions of RPC — Offenses which are
or in the future may be punishable under special laws are not subject to the
provisions of this Code.
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 2 – Circumstances affecting criminal liability
Circumstances Affecting Criminal Liability
1. Justifying
2. Exempting
3. Mitigating
4. Aggravating
5. Alternative
6. Absolutory
7. Extenuating
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 2 – Circumstances affecting criminal liability
ARTICLE 11. Justifying circumstances
1. Self-Defense

2. Defense of Relatives

3. Defense of Stranger

4. State of Necessity

5. Fulfillment of Duty

6. Obedience to Superior Order

 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 2 – Circumstances affecting criminal liability
ARTICLE 12. Exempting circumstances
1. Imbecility and insanity

2. Minority

3. Accident

4. Irresistible force

5. Uncontrollable fear

6. Insuperable or lawful cause

 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 3 – Circumstances which mitigate criminal liability
ARTICLE 13. Mitigating Circumstances
1. Incomplete justifying and Exempting circumstances
2. Minority (Age)
3. Lack of intention to commit so grace a wrong (praeter intentionem)
4. Sufficient threat or provocation
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender of confession of guilt
8. Physical defect of the offender
9. Illness of the offender
10.Analogous circumstances
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 4 – Circumstances which aggravate criminal liability
ARTICLE 14. Aggravating circumstances
1. Advantage taken of public position
2. Contempt or insult to public authorities
3. Disrespect of age, rank, sex, of the offended party or commission of the crime in the
dwelling of the offended party
4. Abuse of confidence or obvious ungratefulness
5. Place of commission of the offense
6. Band, nighttime or uninhabited place
7. Occasion of calamity
8. Aid of armed men
9. Recidivism
10.Reiteracion
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 4 – Circumstances which aggravate criminal liability
ARTICLE 14. Aggravating circumstances (continuation)
11. Price, reward or promise
12. Inundation, fire, poison, explosion, stranding of a vessel, derailment, use of artifice
involving great waste and ruin
13. Evident premeditation
14. Craft, fraud, or disguise
15. Abuse of superior strength
16. Treachery or Alevosia
17. Ignominy
18. Unlawful entry
19. Breaking pf wall
20. Aid or minors, or motor vehiches
21. Cruelty
 TITLE ONE
Felonies and Circumstances which Affect Criminal Liability
Chapter 5 – Alternative circumstances
ARTICLE 15. Alternative circumstances

Concept of alternative circumstances - Those which must be

considered as aggravating or mitigating according to the nature and effects
of the crime and other condition attending its commission

Alternative circumstances:
1. Relationship
2. Intoxication
3. Degree of instruction and education
 Title II
Persons Criminally Liable for Felonies

ARTICLE 16. Who are criminally liable

For grave and less grave felonies:

1. Principals
2. Accomplices
3. Accessories

For light felonies:

4. Principals
5. Accomplices
 Title II
Persons Criminally Liable for Felonies
ARTICLE 17. Principals — The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;

3. Those who cooperate in the commission of the offense by another act without which it
would not have been accomplished.

Three types of principals:

a. principal by direct participation

b. principal by inducement

c. principal by indispensable cooperation

 Title II
Persons Criminally Liable for Felonies
ARTICLE 18. Accomplices - persons who are present in the commission of the crime
but are not considered principals

ARTICLE 19. Accessories - an accessory does not participate in the criminal design, nor
cooperate in the commission of the felony, but, having knowledge of the commission of the
crime, he subsequently takes part in it in 3 ways:
1. By profiting from the effects of the crime
2. By concealing the body of the crime or by concealing the effects or instrument of the
crime in order to prevent its discovery
3. By harboring, concealing, or assisting in the escape of the principal, provided, he acts
with abuse of his public functions or the principal is guilty of treason, parricide, murder,
or attempt on the life of the Chief Executive or is known to be habitually guilty of some
other crime
 Title II
Persons Criminally Liable for Felonies
ARTICLE 20. Accessories who are exempt from criminal liability

1. Spouse ascendant, descendant, legitimate, natural and adopted brothers

and sisters, or relatives by affinity within the same degree, or,

2. When the felony committed is a light felony

 Title III – Penalties
Chapter 1 – Penalties in General

Concept of penalty:

Penalty is its general sense signifies pain, especially considered in the juridical sphere, it
means suffering undergone, because of the action of human society, by one who commits a
crime.
Nature of penalties in the Revised Penal Code:
1. Rigid
2. Elastic

Theories justifying penalty:

3. Absolute theory
4. Relative theory –
 Title III – Penalties
Chapter 1 – Penalties in General

Three-fold purpose of penalty under the Code:

1. Retribution or expiation

2. Correction or reformation

3. Social defense

ARTICLE 21. Penalties that may be imposed - No felony shall be

punishable by any penalty not prescribed by law prior to its commission.
 Title III – Penalties
Chapter 1 – Penalties in General

ARTICLE 22. Retroactive effect of penal laws

No retroactive effect if:

1. the offender is a habitual delinquent as defined in Art. 62 (5)

2. the new or amendatory law is not favorable to him

3. the new or amendatory law provides against its retrospective application.

 Title III – Penalties
Chapter 1 – Penalties in General

ARTICLE 23. Effect of pardon by the offended party

1. Pardon by the offended party is not a ground for the dismissal of the
complaint or information
2. Pardon by offended party is only a bar to criminal prosecution, it is not a
ground for extinguishments of criminal liability (except in marital rape
under Art. 266-C, RPC)

3. Pardon does not affect the civil liability, unless the same is expressly
waived.
 Title III – Penalties
Chapter 1 – Penalties in General

ARTICLE 24. Measures of prevention or safety which are not considered penalties
1. The arrest and temporary detention of accused persons, as well as their detention by reason
of insanity or imbecility, or illness requiring their confinement in a hospital.

2. The commitment of a minor to any of the institutions mentioned in Art. 80 (now R.A. No.
9344) and for the purposes specified therein.

3. Suspension from the employment or public office during the trial or in order to institute
proceedings.

4. Fines and other corrective measures which superior officials may imposed upon their
subordinates in the exercise of their administrative or disciplinary powers.

5. Deprivation of rights and the reparation which the civil law may establish in penal form.
 Title III – Penalties
Chapter 2 – Classification of Penalties

ARTICLE 25. Penalties which may be imposed

Principal penalties:
Capital punishment – Death (RA 9346 prohibits the imposition of Death penalty)

Afflictive penalties - Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute

disqualification, Perpetual or temporary special disqualification, Prision mayor.

Correctional penalties - Prision correccional, Arresto mayor, Suspension, Destierro.

Light penalties - Arresto menor, Public censure.

Penalties common to the three preceding classes - Fine, and Bond to keep the peace.
 Title III – Penalties
Chapter 2 – Classification of Penalties

ARTICLE 25. Penalties which may be imposed

ACCESSORY PENALTIES:

1. Perpetual or temporary absolute disqualification, Perpetual or temporary

special disqualification,
2. Suspension from public office, the right to vote and be voted for, the
profession or calling.
3. Civil interdiction,
4. Indemnification,
5. Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.
 Title III – Penalties
Chapter 2 – Classification of Penalties

ARTICLE 26. FINE. – When Afflictive, correctional or light penalty

Afflictive penalty - if more than P1,200,000.00;

Correctional penalty – if less than P40,000.00 but not more than
P1,200,000.00
Light penalty - if less than P40,000.00
 Title III – Penalties
Chapter 2 – Duration and Effects of Penalties
Section 1 – Duration of Penalties

ARTICLE 27. Reclusion Perpetua, etc.

Duration of each different penalties:

Reclusion perpetua - 20 years and 1 day to 40 years
Reclusion temporal - 12 years and 1 day to 20 years
Prision mayor - 6 years and 1 day to 12 years
Prision correccional - 6 months and 1 day to 6 years
Destierro - 6 months and 1 day to 6 years
Arresto mayor - 1 month and 1 day to 6 months
Arresto menor - 1 day to 30 days
Bond to keep the peace - the period is discretionary on the court
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 1 – Duration of Penalties

ARTICLE 28. Computation of penalties

1. If accused is already in prison - the computation of the penalty shall start from the
day on which the judgment of conviction becomes final.

2. If the accused is not yet in prison: the duration of the penalty consisting of
deprivation of liberty shall be computed from the day the person is placed at the
disposal of judicial authorities for the enforcement of the penalty.

3. Other penalties shall be counted only when offender starts to serve sentence.

4. In the case prisoners under preventive detention, the period of their preventive
detention shall be deducted from their term of imprisonment according to the criteria
set under Art. 29, RPC.
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 1 – Duration of Penalties

ARTICLE 29. Period of preventive imprisonment deducted from

the term of imprisonment
Credited in full - if the detention prisoner agrees voluntarily in writing
after being informed of the effects thereof and with the assistance of
counsel to abide by the same disciplinary rules imposed upon convicted
prisoners, except if they are recidivists or have been convicted twice of
more times of any crime, when up[on being summoned for the execution of
sentence they have failed to surrender voluntarily
Four fifths (4/5) - If the detention prisoner does not agree to abide by
the same disciplinary rules imposed upon convicted prisoners, he shall do so
in writing with the assistance of a counsel
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 2 – Effects of the penalties according to their respective nature

ARTICLE 30. Effects of penalties of perpetual or temporary

absolute disqualification
1. The deprivation of the public offices and employments which the offender may have held
even if conferred by popular election.

2. The deprivation of the right to vote in any election for any popular office or to be
elected to such office.

3. The disqualification for the offices or public employments and for the exercise of any of
the rights mentioned. In case of temporary disqualification, such disqualification as is
comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence.

4. The loss of all rights to retirement pay or other pension for any office formerly held.
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 2 – Effects of the penalties according to their respective nature
ARTICLE 31. Effect of penalties of perpetual or temporary special
disqualification
1. The deprivation of the office, employment, profession or calling affected;

2. The disqualification for holding similar offices or employments either perpetually or

during the term of the sentence according to the extent of such disqualification.

ARTICLE 32. Effect of the penalties of perpetual or temporary special

disqualification for the exercise of the right of suffrage
1. It shall deprive the offender perpetually or during the term of the sentence, according to
the nature of said penalty, of the right to vote in any popular election for any public
office or to be elected to such office.
2. The offender shall not be permitted to hold any public office during the period of his
disqualification.
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 2 – Effects of the penalties according to their respective nature

ARTICLE 33. Effects of penalties of suspension from any public

office, profession or calling, or the right of suffrage

It shall disqualify the offender from holding such office or exercising such
profession or calling or right of suffrage during the term of the sentence.
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 2 – Effects of the penalties according to their respective nature

ARTICLE 34. Civil Interdiction

Civil interdiction is an accessory penalty. It causes to deprive the offender
of the following rights during the service of his sentence:

1. Parental authority/guardianship (either as to the person or property of

any ward)

2. Marital authority

3. Management of his property

4. Right to dispose of his property by any act or conveyance inter vivos

 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 2 – Effects of the penalties according to their respective nature

ARTICLE 35. Effects of Bond to Keep the Peace

In case of failure to give the bond, the offender shall be detained for
a period which shall in no case exceed six months, if he shall have been
prosecuted for a grave or less grave felony, and shall not exceed thirty days,
if for a light felony.

ARTICLE 36. Pardon; its effect

Effects of pardon by the President
1. It shall not restore the right to hold public office or right of suffrage;
2. It shall not exempt the culprit from the payment of civil liability
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 2 – Effects of the penalties according to their respective nature

ARTICLE 37. Cost; what are included

1. Fees, and
2. Indemnities, in the course of judicial proceedings

ARTICLE 38. Pecuniary liabilities; Order of payment

3. Reparation of the damage caused
4. Indemnification of consequential damages
5. Fine
6. Cost of proceedings
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 2 – Effects of the penalties according to their respective nature
ARTICLE 39. Subsidiary penalty
Subsidiary penalty - It is a subsidiary personal liability to be suffered by the convict
who has no property with which to meet the fine, at the rate of one day for each
amount equivalent to the highest minimum wage rate prevailing at the time of the
rendition of judgment of conviction by the trial court, subject to certain rules.

No subsidiary penalty shall be imposed in the following:

1. The penalty imposed is higher the prision correccional or 6 years;
2. For non-payment of reparation or indemnification;
3. For non payment of costs; and
4. Where the penalty imposed is fine and another penalty without fixed duration, like
censure
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 3 – Penalties in which other Accessory penalties are Inherent

ARTICLE 40. Death: its accessory penalties

When not executed by reason of commutation or pardon, the penalty of Death has the
following accessory penalties:
1. Perpetual absolute disqualification, and
2. Civil interdiction during 30 years, if not expressly remitted in the pardon

ARTICLE 41. Reclusion Perpetua and Reclusion Temporal; their

accessory penalties
3. Civil interdiction, and
4. Perpetual absolute disqualification, unless expressly remitted in the pardon of the
principal penalty
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 3 – Penalties in which other Accessory penalties are Inherent

ARTICLE 42. Prision Mayor; its accessory penalties

1. Temporary absolute disqualification, and
2. Perpetual special disqualification from suffrage, unless expressly remitted
in the pardon of the principal penalty

ARTICLE 43. Prision Correccional; its accessory penalties

3. Suspension from public office, profession or calling, and
4. Perpetual disqualification from suffrage, if the duration of imprisonment
exceeds 19 months, unless expressly remitted in the pardon of the
principal penalty
 Title III – Penalties
Chapter 3 – Duration and Effects of Penalties
Section 3 – Penalties in which other Accessory penalties are Inherent

ARTICLE 44. Arresto; its accessory penalties

Its accessory penalty is the suspension of the right to hold office and the
right of suffrage during the term of the sentence.

ARTICLE 45. Confiscation and forfeiture of the proceeds or

instruments of the crime
The proceeds and instruments or tools shall be confiscated and forfeited in
favor of the Government, unless they be property of a third person not
liable for the offense, but those articles which are not subject of lawful
commerce shall be destroyed.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 1 - Rules for application of penalties to persons
criminally liable and for the graduation of the same

ARTICLE 46. Penalty to be imposed upon principals in general

The penalty prescribed by law for the commission of a felony shall be
imposed upon the principals in the commission of such felony.

ARTICLE 47. In what cases the Death penalty shall not be

imposed — (Repealed by RA 9346/modified by Sec. 2 of the Act).

ARTICLE 48. Penalty for Complex crimes

The penalty for the most serious crime shall be imposed, the same to be
applied in its maximum period.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 1 - Rules for application of penalties to persons
criminally liable and for the graduation of the same

ARTICLE 49. Penalty to be imposed upon the principals when the crime
committed is different from that intended
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense
which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its
maximum period.

2. If the penalty prescribed for the felony committed be lower than that corresponding to the one
which the accused intended to commit, the penalty for the former shall be imposed in its maximum
period.

3. The rule established by the next preceding paragraph shall not be applicable if the acts committed
by the guilty person shall also constitute an attempt or frustration of another crime, if the law
prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the
attempted or the frustrated crime shall be imposed in its maximum period.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 1 - Rules for application of penalties to persons
criminally liable and for the graduation of the same

ARTICLE 50. Penalty to be imposed upon principals of a frustrated crime

The penalty next lower in degree than that prescribed by law for the consummated felony
shall be imposed upon the principal in a frustrated felony.

ARTICLE 51. Penalty to be imposed upon principals of attempted crimes

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

ARTICLE 52. Penalty to be imposed upon accomplices in consummated crime

The penalty next lower in degree than that prescribed by law for the consummated shall be
imposed upon the accomplices in the commission of a consummated felony
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 1 - Rules for application of penalties to persons
criminally liable and for the graduation of the same

ARTICLE 53. Penalty to be imposed upon accessories to the commission of a

consummated felony
The penalty lower by two degrees than that prescribed by law for the consummated felony shall
be imposed upon the accessories to the commission of a consummated felony.

ARTICLE 54. Penalty to be imposed upon accomplices in a frustrated crime

The penalty next lower in degree than prescribed by law for the frustrated felony shall be
imposed upon the accomplices in the commission of a frustrated felony.

ARTICLE 55. Penalty to be imposed upon accessories of a frustrated crime

The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be
imposed upon the accessories to the commission of a frustrated felony.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 1 - Rules for application of penalties to persons
criminally liable and for the graduation of the same

ARTICLE 56. Penalty to be imposed upon accomplices in an attempted crime

The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall
be imposed upon the accomplices in an attempt to commit the felony.

ARTICLE 57. Penalty to be imposed upon accessories of an attempted crime

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

ARTICLE 58. Additional penalty to be imposed upon certain accessories

Additional penalty of either absolute perpetual disqualification or absolute temporary disqualification
are imposable against a public officer who is found guilty as "accessory in a crime by concealing or
assisting the escape of the principal", where he acted with abuse of his public functions
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 1 - Rules for application of penalties to persons
criminally liable and for the graduation of the same

ARTICLE 59. Penalty to be imposed in case of failure to commit

the crime because the means employed or the aims sought are
impossible
Article 59 imposes the penalty of arresto mayor or fine of P200 to P500 for impossible
crimes and those which were unaccomplished due to employment by the accused of
inadequate or ineffectual means, mentioned in Article 4, No. (2) of the Code.

ARTICLE 60. Exception to the rules established in Articles 50 to

57
This shall not apply to cases where the law expressly prescribes the penalty for a frustrated
or attempted felony, or to be imposed upon accomplices or accessories.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 1 - Rules for application of penalties to persons
criminally liable and for the graduation of the same

ARTICLE 61. Rules for graduating penalties

1. The rules provided in Art. 61 should also apply in determining the
minimum of the indeterminate sentence under the Indeterminate Sentence
Law. The minimum of the indeterminate sentence is within the range of the
penalty next lower than prescribed by the RPC for the offense.

2. Those rules also apply in lowering the penalty by one or two degrees by
reason of the presence of any privileged mitigating circumstance. ( Art. 68
and 69) or when the penalty is divisible and there are two or more
mitigating circumstances and no aggravating circumstance. ( Art. 64)
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 62. Effects of the attendance of mitigating or aggravating

circumstances and habitual delinquency
1. Aggravating circumstances that are not considered for the purpose of increasing the
penalty
2. Aggravating or mitigating circumstances that serve to aggravate or mitigate the liability
of the offender to whom such are attendant
3. Aggravating or mitigating circumstances that affect the offenders only who had
knowledge of them at the time of the execution of the act or their cooperation therein
4. The circumstances relating to the person participating in the commission of the crime do
not affect all the offenders but only those to whom are attendant, whereas the
circumstances relating to the means employed or material execution of the crime affect
those offenders who have their cooperation therein
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 62. Effects of the attendance of mitigating or

aggravating circumstances and habitual delinquency (continuation)
5. Legal effects of habitual delinquency –
a. Third conviction – penalty for the crime committed +additional penalty of prision
correccional medium and maximum periods
b. Fourth conviction – penalty imposed for the last crime + additional penalty of prision
mayor minimum and medium periods

c. Fifth or additional conviction – penalty provided by law for the last crime + additional
penalty of prision
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 63. Rules for the application of indivisible penalties

1. Penalty is single and indivisible – penalty is applied regardless of the
presence of mitigating or aggravating circumstances;
2. Penalty is composed of two indivisible penalties –
3. 1 aggravating circumstance present – higher penalty;
4. No mitigating and no aggravating circumstance present – lesser penalty
5. Mitigating and aggravating circumstances offset each other basis is
number and importance
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 64. Rules for the application of penalties which contain

three periods
1. No aggravating and no mitigating – medium period.

2. Only a mitigating – minimum period

3. Only an aggravating – maximum period

4. When there are aggravating and mitigating – the court shall offset those of one class
against the other according to their relative weight.

5. Two or more mitigating and no aggravating – penalty next lower in the period
applicable, according to the number and nature of such circumstances.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 65. Rule in cases in which the penalty is not composed

of three periods

This article applies if the penalty is divisible in nature and is not composed
of three periods. If the divisible penalty is imposed in its entirety, the
minimum, medium and maximum periods of penalty are already fixed by
law (Art. 76);
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 66. Imposition of Fines

Factors to be considered in the Imposition of Fines:
1. Presence of mitigating and aggravating circumstances;
2. Gravity and seriousness of the crime committed;
3. The heinousness of its perpetration;
4. The magnitude of its effects on the offender’s victim
If the law imposing the fine does not fix the minimum, its determination is
left to the sound discretion of the court, provided it shall not exceed the
authorized maximum
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 67. Penalty to be imposed when not all the requisites of

exemption of the fourth circumstance of Article 12 are present
1. The penalty of arresto mayor in its maximum period to prision
correctional in its minimum period shall be imposed if he is guilty of grave
felony;
2. Arresto mayor in its minimum and medium periods if of a less grave
felony

ARTICLE 68. Penalty to be imposed upon a person under

eighteen years of age (Already amended by RA 9344, otherwise known
as the "Juvenile Justice and Welfare Act of 2006")
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 69. Penalty to be imposed when the crime

committed is not wholly excusable
A penalty lower by one or two degrees than that prescribed by
law shall be imposed if the deed is not wholly excusable by
reason of the lack of some of the conditions required to justify
the same or to exempt from criminal liability in the several cases
mentioned in Article 11 and 12, provided that the majority of
such conditions be present. The courts shall impose the penalty
in the period which may be deemed proper, in view of the
number and nature of the conditions of exemption present or
lacking.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 70. Successive service of sentence

SUCCESSIVE SERVICE OF SENTENCE (The Three-Fold Rule):

When a convict is to serve successive penalties, he will not actually serve

the penalties imposed by law. According to the three-fold rule, the
maximum duration of the convict’s sentence shall not be more than three
times the length of time corresponding to the most severe of the penalties
imposed to him, which in no case shall exceed 40 years.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 71. Graduated scales

Scale 1 Scale 2
Death Perpetual absolute disqualification
Reclusion perpetua Temporary absolute disqualification
Recluaion temporal Suspension from public office, the right to vote and be voted
Prision mayor for, the right to follow a profession or calling
Prision correccional Public censure
Arresto mayor Fine
Destierro
Arresto menor
Public Censure
Fine
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 2 - Rules for application of penalties with regard to the Mitigating
and Aggravating circumstances and Habitual Delinquency

ARTICLE 72. Preference in the payment of civil liabilities

The civil liabilities of a person found guilty of two or more offenses shall be
satisfied by following the chronological order of the dates of the judgments
rendered against him, beginning with the first in order of time.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 3 –Provisions common to the last two preceding sections

ARTICLE 73. Presumption in regard to the imposition of accessory

penalties
Whenever the courts shall impose a penalty which, by provision of law, carries
with it other penalties, according to the provisions of Articles 40, 41, 42, 43 and
44 of this Code, it must be understood that the accessory penalties are also
imposed upon the convict.

ARTICLE 74. Penalty higher than Reclusion Perpetua in certain cases

In cases in which the law prescribes a penalty higher than another given
penalty, without specially designating the name of the former, if such higher
penalty should be that of death, the same penalty and the accessory penalties
of Article 40, shall be considered as the next higher penalty.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 3 –Provisions common to the last two preceding sections

ARTICLE 75. Increasing of reducing the penalty of Fine by one or

more degrees

Rules in fixing the fine by one or more degrees:

1. If the law prescribes the minimum and the maximum
2. When only the maximum amount of fine is fixed by law, the
determination of fine is based on the sound discretion of the court but
must not exceed the maximum.
3. For fines which do not consists of a fixed amount but are made
proportional.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 3 –Provisions common to the last two preceding sections

ARTICLE 76. Legal period of duration of divisible penalties

Time included in the penalty in its Time included in its minimum Time included in its medium
Penalties Time included in its maximum
entirety period period

From 12 years and 1 day to 20 From 12 years and 1 day to 14 From 14 years, 8 months and 1 From 17 years, 4 months and 1
Reclusion temporal
years. years and 8 months. day to 17 years and 4 months. day to 20 years.
From 6 years and 1 day to 12
years From 6 years and 1 day to 8 From 8 years and 1 day to 10 From 10 years and 1 day to 12
Prision mayor, absolute years. years. years.
disqualification and special
temporary disqualification

.
Prision correccional, From 6 months and 1 day to 6 From 6 months and 1 day to 2 From 2 years, 4 months and 1 From 4 years, 2 months and 1
suspension and destierro years. years and 4 months. day to 4 years and 2 months. day to 6 years.

From 1 month and 1 day to From 2 months and 1 day to 4 From 4 months and 1 day to 6
Arresto mayor From 1 to 2 months.
months. months. months.
Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.
 Title III – Penalties
Chapter 4 – Application of Penalties
Section 3 –Provisions common to the last two preceding sections

ARTICLE 77. When the penalty is a complex one composed of

three distinct penalties
In cases in which the law prescribes a penalty composed of three distinct
penalties, each one shall form a period; the lightest of them shall be the
minimum the next the medium, and the most severe the maximum period.

Complex penalty - is a penalty prescribed by law composed of three

distinct penalties: each forming a period: the lightest of them shall be the
minimum, the next the medium and the most severe the maximum period.
 Title III – Penalti es
Chapter 5 – Executi on and Service of Penalti es

ARTICLE 78. When and hoe a penalty is to be executed

No penalty shall be executed except by virtue of a final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any other
circumstances or incidents than those expressly authorized thereby.

ARTICLE 79. Suspension of the execution and service of penalties in case of

insanity
When a convict shall become insane or an imbecile after final sentence has been pronounced, the
execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of
the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall
have prescribed in accordance with the provisions of this Code.
 Title III – Penalties
Chapter 5 – Execution and Service of Penalties

ARTICLE 80. Suspension of sentence of minor delinquents (Already amended by RA

9344, otherwise known as the "Juvenile Justice and Welfare Act of 2006")
ARTICLES 81. When and how the Death penaty is to be executed (Repealed by RA
9346)

ARTICLE 82. Notification and execution of the sentence and assistance to the culprit
(Repealed by RA 9346)

ARTICLE 83. Suspension of the execution of the Death sentence ( Repealed by RA 9346)

ARTICLE 84. Place of execution and persons who may witness the same (Repealed by
RA 9346)

ARTICLE 85. Provisions relative to the corpse of the person executed and its burial
Repealed by RA 9346)
 Title III – Penalties
Chapter 5 – Execution and Service of Penalties
ARTICLE 86. Reclusion Perpetua, Reclusion Temporal, Prision
Mayor, Prision Correccional and Arresto Mayor

Where served?
1. Those whose sentences do not exceed 6 months – municipal prisoners; confined in the
municipal jail
2. Those over 6 months but not more than 3 years – city or provincial prisoners; confined
at city or provincial jails; and
3. Those with more than 3 years – national prisoners; national penitentiary
 Title III – Penalties
Chapter 5 – Execution and Service of Penalties
ARTICLE 87. Destierro
Destierro is only a partial deprivation of liberty. Its effects are:

1. The convict shall not be permitted to enter a place designated in the

sentence nor within the radius specified which shall not be more than 250
and not less than 25 kilometers from the place designated;
2. If the convict enters the prohibited area, he commits evasion of sentence
 Title III – Penalties
Chapter 5 – Execution and Service of Penalties
ARTICLE 88. Arresto menor

1. It shall be served in the municipal jail;

2. In the house of the offender, but under the surveillance of an officer of the law, whenever
the court so provides in the decision due to the health of the offender. (As amended by RA
11362 or the Community Service Act (Approved on Aug. 8, 2019)

ARTICLE 88a. COMMUNITY SERVICE. — The court, in its discretion may, in lieu of service
in jail, require that the penalties of arresto menor and arresto mayor be served by the
defendant by rendering community service in the place where the crime was committed, under
such terms the courts shall determine, taking into consideration the gravity of the offense and
the circumstances of the case, which shall be under the supervision of a probation officer.
 Title IV – Extinction of Criminal Liability
Chapter 1 – Total Extinction of Criminal Liability
ARTICLE 89. How criminal liability is totally extinguished
1. Death of the convict
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of crime
6. Prescription of penalty
7. Marriage of the offended woman to the offender in case of crimes against chastity
8. Pardon by the wife granted to her husband in case of marital rape
9. Express repeal of penal law
 Title IV – Extinction of Criminal Liability
Chapter 1 – Total Extinction of Criminal Liability
ARTICLE 90. Prescription of Crimes
Prescription of crimes under the RPC:
Crimes punishable by Death, Reclusion perpetua and Reclusion Temporal –
20 years
Crimes punishable by Prision mayor – 15 years
Crimes punishable by Prision correccional -10 years
Crimes punishable by Arresto mayor – 5 years
Crimes of Libel and other similar offenses – 1 year
Oral defamation and Slander by Deed – 6 months
Light offenses/Arresto menor – 2 months
 Title IV – Extinction of Criminal Liability
Chapter 1 – Total Extinction of Criminal Liability
ARTICLE 90. Prescription of Crimes (continuation)

Prescription of crimes under the Special laws (Act 3326, as amended

by Act 3763):
Offenses punished by 6 years or more imprisonment – 12 years
Offenses punished by 2 years but less than 6 years imprisonment – 8 years
Offenses punished by more than 1 month but less than 2 years imprisonment – 4 years
Offenses punished by a Fine or imprisonment of not more than 1 month -1 year
Municipal ordinances – 2 months
Internal Revenue offenses – 5 years
 Title IV – Extinction of Criminal Liability
Chapter 1 – Total Extinction of Criminal Liability
ARTICLE 91. Computation of prescription of offenses
The period of prescription shall commence to run from the day on which the
crime is discovered by the offended party, the authorities, or their agents,
and shall be interrupted by the filing of the complaint or information, and
shall commence to run again when such proceedings terminate without the
accused being convicted or acquitted, or are unjustifiably stopped for any
reason not imputable to him.

The term of prescription shall not run when the offender is absent from the
Philippine Archipelago.
 Title IV – Extinction of Criminal Liability
Chapter 1 – Total Extinction of Criminal Liability
ARTICLE 92. When and how penalties prescribe
The penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, - 20 years;

2. Other afflictive penalties - 15 years;

3. Correctional penalties – 10 years;

with the exception of the penalty of arresto mayor- 5 years;

4. Light penalties – 1 year.

 Title IV – Extinction of Criminal Liability
Chapter 1 – Total Extinction of Criminal Liability

ARTICLE 93. Computation of prescription of penalties

The period of prescription of penalties shall commence to run from the date
when the culprit should evade the service of his sentence, and it shall be
interrupted if the defendant should give himself up, be captured, should go
to some foreign country with which this Government has no extradition
treaty, or should commit another crime before the expiration of the period
of prescription.
 Title IV – Extinction of Criminal Liability
Chapter 2 – Partial Extinction of Criminal Liability
ARTICLE 94. PARTIAL EXTINCTION OF CRIMINAL LIABILITY. —
Criminal liability is extinguished partially:

1. By conditional pardon;

2. By commutation of the sentence; and,

3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence. (As amended by
RA 10592, May 29, 2013)
 Title IV – Extinction of Criminal Liability
Chapter 2 – Partial Extinction of Criminal Liability
ARTICLE 95. Obligation incurred by person granted conditional
pardon
Any person who has been granted conditional pardon shall incur the obligation of
complying strictly with the conditions imposed therein otherwise, his non-
compliance with any of the conditions specified shall result in the revocation of the
pardon and the provisions of Article 159 shall be applied to him.

Conditional pardon - is in the nature of a contract between the President and the
convict who have accepted it, the conditions of which the latter must not violate,
otherwise, the pardon shall be revoked and he shall be liable for crime of “violation
of conditional pardon” under Art. 159. Moreover, he may be recommitted to prison
to serve the unexpired portion of his original sentence especially if the penalty
remitted by the granting of such pardon is higher than six (6) years.
 Title IV – Extinction of Criminal Liability
Chapter 2 – Partial Extinction of Criminal Liability
ARTICLE 96. Effect of commutation of sentence
The commutation of the original sentence for another of a different length
and nature shall have the legal effect of substituting the latter in the place
of the former.

Commutation of sentence - is the change in the sentence of the court,

made by the President which consists in reducing the penalty imposed upon
the offender. Such substitutes the original penalty
 Title IV – Extinction of Criminal Liability
Chapter 2 – Partial Extinction of Criminal Liability
ARTICLE 97. Allowance for good conduct
Good Conduct Time Allowances (GCTA) (as amended by RA 10592):
1. First 2 years of good behavior – 20 days per month
2. Third to Fifth year – 23 days for each month
3. Following years to the 10th year – 25 days per month
4. Eleventh and successive years – 30 days per month
5. In addition to Nos. 1 to 4 above – 15 days per month of study, teaching or
mentoring
 Title IV – Extinction of Criminal Liability
Chapter 2 – Partial Extinction of Criminal Liability
ARTICLE 98. Special time allowance for loyalty
A deduction of one fifth (1/5) of the period of his sentence shall be granted to
any prisoner who, having evaded his preventive imprisonment or the service of
his sentence under the circumstances mentioned in Article 158 of this Code, gives
himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths (2/5) of the period of his
sentence shall be granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.
This Article shall apply to any prisoner whether undergoing preventive
imprisonment or serving sentence. (As amended by R.A. No. 10592, May 29,
2013)
 Title IV – Extinction of Criminal Liability
Chapter 2 – Partial Extinction of Criminal Liability
ARTICLE 99. Who grants time allowances
Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the
Bureau of Jail Management and Penology and/or the Warden of a provincial, district,
municipal or city jail shall grant allowances for good conduct. Such allowances once granted
shall not be revoked.” (As amended by R.A. No. 10592, May 29, 2013)

PD 968, PROBATION LAW, as amended:

Probation - a disposition under which a defendant, after conviction and sentence, is

released subject to condition imposed by the court and to the supervision of a probation
officer.
 Title IV – Extinction of Criminal Liability
Chapter 2 – Partial Extinction of Criminal Liability
Disqualified offenders to avail Probation:

1. Sentenced to a maximum term of imprisonment of more than 6 years;

2. Convicted of any crime against national security or public order;

3. Previously convicted by final judgment of an offense punished by imprisonment of not

less than 1 month and 1 day and/or fine of not more than P200; and

4. Those who have once been on probation.

5. Those convicted of R.A. 9165 ("The Comprehensive Dangerous Drugs Act of 2002").

6. Those convicted of violation of election laws.

 Title IV – Extinction of Criminal Liability
Chapter 2 – Partial Extinction of Criminal Liability
Period of probation:

1. If the probationer has been sentenced to an imprisonment of not more

than one year, the probation shall not exceed two years.

2. In all other cases, not to exceed six years.

3. In case the penalty is fine, the probation shall not be less than the period
of subsidiary imprisonment nor more than twice of the subsidiary
imprisonment.
 Title V – Civil Liability
Chapter 1 – Persons Civilly Liable for Felonies

ARTICLE 100. Civil liability of a person guilty of felony

Every person criminally liable for a felony is also civilly liable.
Exception:
1. In cases of victimless crimes such as espionage, violation of neutrality,
flight to an enemy country, crimes against popular representation;
2. If there is an express waiver of the liability; and
3. If there is a reservation to file separate civil action
 Title V – Civil Liability
Chapter 1 – Persons Civilly Liable for Felonies
ARTICLE 101. Rules regarding civil liability in certain cases
1. For acts committed by insane or imbecile

a. Upon the person who has him under his control or authority except if it be shown that
he has no fault or negligence; and
b. If there be no such person, or if he is insolvent, the property of the insane minor shall
answer except that exempt from execution
2. In case of state of necessity, those persons benefited by the act shall be civilly liable and
the court shall determine the proportionate amount for which each shall be liable3.
3. In cases of irresistible force or uncontrollable fear, those using violence or causing fear
are primarily liable; while those doing the act are secondarily liable saving their property
exempt from taxation
 Title V – Civil Liability
Chapter 1 – Persons Civilly Liable for Felonies
ARTICLE 102. Subsidiary civil liability of innkeepers, tavernkeepers, and
proprietors of establishments
1. For crimes committed in their establishments relating to cases of violations of ordinances
or police regulation and such violation has a direct causal direction with the crime
committed in their establishment;
2. In case of robbery and theft within their houses from guests lodging therein, or for the
payment of the value thereof provided
a. the guests shall have notified in advance the innkeeper himself, or the person
representing him, of the deposit of such goods within the inn; and
b. have followed the directions which the innkeeper or his representative may have given
them with respect to the care of and vigilance over such goods.
 Title V – Civil Liability
Chapter 1 – Persons Civilly Liable for Felonies
ARTICLE 103. Subsidiary civil liability of other persons
This article regulates the subsidiary liability of employers, teachers, persons,
or corporations engaged in industry.

Industry – any department or branch of art, occupation or business,

especially one which employs labor and capital and is engaged in industry;
an enterprise for gain and profit
 Title V – Civil Liability
Chapter 2 – What Civil Liability Includes
ARTICLE 104. What is included in civil liability
What is included in the civil liability

1. Restitution

2. Reparation of damage caused

3. Indemnification for consequential damages

 Title V – Civil Liability
Chapter 2 – What Civil Liability Includes
ARTICLE 105. Restitution; how made
The restitution of the thing itself must be made whenever possible, with
allowance for any deterioration, or diminution of value as determined by the
court.

ARTICLE 106. Reparation; how made

The court shall determine the amount of damage, taking into consideration
the price of the thing, whenever possible, and its special sentimental value
to the injured party, and reparation shall be made accordingly.
 Title V – Civil Liability
Chapter 2 – What Civil Liability Includes
ARTICLE 107. Indemnification; what is included
1. Those caused the injured party;
2. Those suffered by his family; or
3. Those suffered by a third person by reason of a crime

ARTICLE 108. Obligation to make restoration, reparation for

damages, or indemnification for consequential damages and
actions to demand the same; upon whom it devolves
4. Upon the heirs of the person liable;
5. Likewise, the action to demand restoration, reparation and indemnification descends to
the heirs of the person injured
 Title V – Civil Liability
Chapter 2 – What Civil Liability Includes
ARTICLE 109. Share of each person civilly liable

If there are two or more persons civilly liable for a felony, the courts shall determine the
amount for which each must respond.

ARTICLE 110. Several and subsidiary liability of principals,

accomplices, and ; accessories of a felony; preference in payment
How is subsidiary liability enforced?
1. Against the property of the principals;
2. Against that of the accomplices; and
3. Against that of the accessories
 Title V – Civil Liability
Chapter 2 – Extinction and Survival of Civil Liability
ARTICLE 112. Extinction of Civil liability
Modes of extinguishing civil liability under the Civil Code:
1. Payment or performance
2. Loss of the thing due
3. Condonation of remission of debt
4. Confusion of merger of the rights of the creditor and debtor
5. Compensation
6. Novation
7. Prescription
 Title V – Civil Liability
Chapter 2 – Extinction and Survival of Civil Liability

ARTICLE 113. Obligation to satisfy civil liability

Except in case of extinction of his civil liability as provided in the next
preceding article the offender shall continue to be obliged to satisfy the civil
liability resulting from the crime committed by him, notwithstanding the fact
that he has served his sentence consisting of deprivation of liberty or other
rights, or has not been required to serve the same by reason of amnesty,
pardon, commutation of sentence or any other reason.

- End of Book 1 -