CRIMINAL LAW BOOK ONE

CRIMINAL LAW, DEFINED

Criminal Law- that branch of public law

which defines crimes treats of their nature
and provides for their punishment.
DISTINCTIONS

FELONY – OFFENSE – INFRACTIONS

punishable by punishable by – punishable by
the Revised special penal city or municipal
Penal Code laws ordinances
CRIME, DEFINED

An act committed or omitted in violation of

a public law forbidding or commanding it.
DELICT and QUASI DELICT
• Delict – a misdeamenor, an offense, or
simply CRIME.
• Quasi delict – the fault or negligence of a
person causing damge to another, and
there is no pre existing contractual relation
between the parties (Article 2176 Civil
Code). Also known as CULPA
AQUILIANA.
SOURCES OF CRIMINAL LAW

1. Act 3815 known as the Revised Penal

Code
2. Special Penal Laws passed by Congress
3. Presidential Decrees issued by President
Marcos
4. Codigo Penal De Espana (Spanish Penal
Code)
COMMON LAW CRIMES
• the body of principles, usages and rules of
actions which do not result from the
express act of the legislature. There is no
such crime in the Philippines.
NULLUM CRIMEN NULLA POENA
SINE LEGE
• there is no crime if there is no law
punishing it.
CHARACTERISTICS OF CRIMINAL LAW

• General- criminal law is binding on all persons

who live or sojourn in the Philippines, regardless
of age, sex or nationality.
• Territorial- criminal laws are applicable only if
the crime is committed within Philippine territory.
• Prospective- criminal law cannot make an act
punishable in a manner in which it was not
punishable when committed. See Art 366. (The
law looks forward and not backwards)
EXCEPTIONS TO THE GENERAL
CHARACTERISTICS
1. As provided by treaty stipulations- RP-US VFA
Agreements
2. As provided by laws of preferential applications- RA
75 grants protection to diplomatic representatives,
ambassador or other public ministers of foreign countries
including their domestic servants authorized and
received by the President.
3. Persons who are exempt because of certain
principles of international laws:
• Sovereigns and other heads of states
• Ambassadors, minister plenipotentiaries, minister
residents and charges d’ affaires.
EXCEPTIONS TO THE TERRITORIAL
CHARACTERISTICS
1. When the offender shall commit an offense on a
Philippine ship or airship.
2. When the offender should forge or counterfeit any coin or
currency note of the Philippines or obligations and
securities issued by the Philippine government.
3. When the offender should be liable for the acts
connected with the introduction into the Philippines of the
obligations and securities mentioned in number two.
4. When the offender who is a public officer or employee
abroad shall commit an offense in the exercise of his
functions.
5. When the offender should commit an offense against
the national securities and the laws of nations.
PROSPECTIVE
CHARACTERISTICS
• Also known as prospectivity
• Alsoknown as irretrospectivity.
• It means the law (as a general rule) does
not have retroactive effect.
EXCEPTION TO THE PROSPECTIVE CHARACTER:
When the new law is favorable to the accused.

EXCEPTION TO THE EXCEPTION

• When the offender is a habitual criminal.
• When the new law expressly provides it
has no application or retroactive effect to
pending actions/cases.
CONSTRUCTION OF PENAL LAWS

• Penal laws are strictly construed against

the state and liberally in favor of the
accused
• If there is a conflict between the Spanish
text and the English text, the Spanish text
prevails.
PRO REO DOCTRINE

When there is doubt about the meaning or

application or interpretation of a penal law
and the doubt admits of two
interpretations, one which is lenient to the
offender and the other one is favorabe to
him, then the interpretation which is
favorable to the accused should be
applied.
HISTORY OF THE RPC

• The Alleged Code of Calantiao of 1433

• The old Penal Code which took effect until
December 31, 1931.
• Administrative Order 94 of the DOJ dated
October 18, 1927
• Anacleto Diaz, Quintin Paredes, Guilermo
Guevarra, Alex Reyes and Mariano De Joya
• Revised Penal Code (ACT 3815)
• RPC approved December 8, 1930
• RPC took effect January 1, 1932
THEORIES IN CRIMINAL LAW

• Classical (Juristic) Theory- the basis of criminal liability

is human free will and the purpose of penalty is
retribution. Man is a moral creature with an absolute free
will to choose between good and evil. Here more stress
is placed upon the result of the crime than the criminal.
There is scant regard for the human element.
• Positivist (Realistic) Theory. Man is subdued
occasionally by a strange and morbid phenomenon
which constrain him to do wrong. Crime is a social and
natural phenomenon; it cannot be treated therefore by
the application of abstract principles of law or by the
imposition of punishment. The purpose of penalty is
reformation of accused. Offender is regarded as a sick
person who needs treatment.
CLASSICAL THEORY
• The basis of criminal liability is human free
will and the purpose of penalty is
retribution.
• Man is a moral creature with an absolute
free will to choose between good and evil.
• Here more stress is placed upon the result
of the crime than the criminal.
• There is scant regard for the human
element
POSITIVIST THEORY
• Man is subdued occasionally by a strange and
morbid phenomenon which constrain him to do
wrong.
• Crime is a social and natural phenomenon;
• Crime cannot be treated therefore by the
application of abstract principles of law or by the
imposition of punishment.
• The purpose of penalty is reformation of
accused.
• Offender is regarded as a sick person who
needs treatment.
RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT
VESSEL WHILE WITHIN PHILIPPINE WATERS

• English Rule- the crime is punishable in

the Philippines, unless the crime merely
affects things within the vessel.
• French Rule- the crime is not triable in the
courts of that country (Philippines), unless
their commission unless their commission
has effects on the safety of the coastal
state.
LIMITATIONS ON THE POWERS OF
CONGRESS TO MAKE LAWS
• No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a
law that makes criminal an act done before the passage of the law
and which was innocent when done, and punishes such an act; it
may also be defined as a law which aggravates a crime, or makes it
greater than it was, when committed.
• No Bill of Attainder shall be passed. – A bill of attainder is a law
which inflicts punishment without trial.
WARNING: DATE OF EFFECTIVITY IS
DIFFERENT FROM DATE OF APPROVAL

• Article 1. Time when Act takes effect-

JANUARY 1, 1932.
• Article 367. RPC approved on December
8, 1930.
FELONY
Art. 3. Definitions. — 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).
There is deceit when the act is performed with
deliberate intent and there is fault when the
wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
ELEMENTS OF FELONIES IN GENERAL:

• An act or omission
• Act or omission punishable by the RPC
• Act is performed or omission is incurred by
means of dolo or culpa.
• Act- is any bodily movement tending to
produce some effects in the external
world.
• Omission- inaction, the failure to perform
an act one is bound to do.
IMPRUDENCE VS. NEGLIGENCE

• Imprudence involves lack of skill.

Negligence involves lack of foresight
• Imprudence involves a deficiency of
action. Negligence indicates a deficiency
of perception.
• Failure to make precaution is imprudence.
Failure to use diligence is negligence.
REQUISITES OF DOLO OR MALICE
(INTENTIONAL FELONIES)

• Freedom of action
• Intelligence
• Intent
MEN’S REA
• Criminal Intent
• The gravamen of a certain crime
REQUISITES OF FAULT OR CULPA (CULPABLE
FELONIES)

• Freedom of action
• Intelligence
• Imprudent, negligent, or lack of foresight
or lack of skill
MISTAKE OF FACT

Mistake of fact- is a misapprehension of

fact on the part of the person who caused
injury to another. He is not liable for
absence of criminal intent
REQUISITES OF MISTAKE OF
FACT

• The act would have been lawful had the

facts been as the accused believed them
to be.
• The intention of the accused in performing
the act should be lawful.
• That the mistake must be without fault or
carelessness on the part of the accused
IGNORANTIA LEGIS NON
EXCUSAT
• Ignorantia legis non excusat-

IGNORANCE OF THE LAW EXCUSES

NO ONE FROM COMPLIANCE THE
COMPLIANCE THEREWITH
IGNORANTIA FACTI EXCUSAT

• IGNORANCE OF FACTS EXCUSES

• Ignorantia Facti Excusat is a Latin legal maxim
that means ignorance of a fact is an excuse. Any
act done under a mistaken impression of a
material fact is excused (us.legal.com)
Actus non facit reum nisi mens
sit rea

The act itself does not make a man

guilty unless his intention was so.
Actus me invito factus nonest
meus actus

An act done by me against

my will is not my act.
CRIMES MALA IN SE vs. CRIMES
MALA PROHIBITA
CRIMES MALA IN SE CRIMES MALA
PROHIBITA

1. Those which are so 1. These are violations

serious in effects to the of mere rules of
so society so as to call convenience designed
for their unanimous to secure a more orderly
condemnation. affairs of the society.
 CRIMES MALA IN SE CRIMES MALA
PROHIBITA

2. Wrongful in nature. 2. Made wrongful only

Since the beginning of by statute.
time
 CRIMES MALA IN SE CRIMES MALA
PROHIBITA

3. Generally punished 3. Punished by special

by Revised Penal Code. penal laws.

4. Intent is necessary 4. Intent may not be

necessary.
MOTIVE and INTENT

Motive- the moving power which impels

one to action for a definite result.
Intent is the purpose to use a particular
manes to effect such result.

NOTE”: Motive is not an element of a

crime and need not be proved. Intent
is an element of a crime and must be
proved.
CRIMINAL LIABILITY, DEFINED

Criminal liability does not only mean the

obligation to serve the personal or
imprisonment penalties but it also includes
the liability to pay the fines or pecuniary
penalties.
CRIMINAL LIABILITY
Art. 4. Criminal liability. — Criminal liability shall
be incurred:
1. By any person committing a felony (delito)
although the wrongful act done be different from
that which he intended.
2. By any person performing an act which would
be an offense against persons or property, were
it not for the inherent impossibility of its
accomplishment or an account of the
employment of inadequate or ineffectual means.
Article 4 (1) may refer to either:
• Error in personae- mistake in
identity of victim.
• Aberratio Ictus- mistake in blow.
• Praeter Intentionem- result done is
greater than that originally intended.
Rationale of Par. 1

El que es causa de la causa es causa del

mal causado.

Meaning: He who is the cause of the cause

is the cause of the evil caused.
PROXIMATE CAUSE, DEFINED

Proximate cause- is that cause which in

the ordinary and continuous sequence,
unbroken by any efficient intervening
cause produces the injury.
EFFICIENT INTERVENING
CAUSE

Efficient intervening cause- are those

that break the relation of cause and effect.
IMPOSSIBLE CRIME, DEFINED
IMPOSSIBLE CRIMES- those crimes which
would have been committed against person or
property were it not for the inherent impossibility
of its accomplishment or on account of the
employment of inadequate or ineffectual means.
The purpose of the law in punishing impossible
crime is to suppress criminal propensities or
tendencies. The penalty for impossible crime is
arresto mayor or fine of P200-500 (Article 59).
3 STAGES OF EXECUTION OF
FELONIES
Art. 6. Consummated, frustrated, and attempted felonies. —
Consummated felonies as well as those which are frustrated and
attempted, are punishable.

A felony is CONSUMATED when all the elements necessary for its

execution and accomplishment are present; and it is FRUSTRATED
when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do
not produce it by reason of causes independent of the will of the
perpetrator.
There is an ATTEMPT (ED) when the offender commences the
commission of a felony directly or over acts, and does not perform
all the acts of execution which should produce the felony by reason
of some cause or accident other than this own spontaneous
desistance.
ATTEMPTED FELONY REQUISITES

1. Offender commences the commission of a

felony directly by overt acts
2. He does not perform all the acts of execution
3. He is not stopped by his own spontaneous
desistance
4. The non performance of the all acts of execution
was due to cause or accident other than his own
spontaneous desistance.
OERT ACT, DEFINED

It is some physical activity or deed more

than a mere planning or preparation,
which if carried out to its complete
termination following its natural course.
Without being frustrated by external
obstacles nor by the voluntary desistance
of the perpetrator, will logically and
naturally ripen in a concrete offense.
INDETERMINATE OFFENSE,
DEFINED

INDETERMINATE OFFENSE- It is one

where the purpose of the offender in
performing an act is not certain
FRUSTRATED FELONY
REQUISITES

1. Offender performs all the acts of

execution
2. Felony is not produced
3. By reason of cause independent of the
will of the perpetrator
Q: How to determine whether a crime is
attempted, frustrated or consummated?
A: See the following:
• the elements present
• the nature of the offense
• the manner of the commission of the crime.
FORMAL CRIMES vs. MATERIAL
CRIMES
• Formal crimes- are crimes consummated
in one instant. There is only one stage and
that is consummated stage.
• Material crimes have three stages of
execution, attempted, frustrated and
consummated.

.
SUBJECTIVE PHASE vs. OBJECTIVE PHASE OF THE
CRIME

• Subjective phase is that portion of the acts

constituting the crime, starting from the point
where the offender begins the commission of the
crime to the point where he still has control over
his act and their natural course.
• If between these two points the offender is
stopped by any cause outside of his own
voluntary desistance, the subjective phase has
not been passed and it is an attempt. If he is not
so stopped but continues until he performs the
last act, it is frustrated, provided the crime is not
produced. This is the objective phase of the
crime
Art. 7. When light felonies are
punishable. — Light felonies are
punishable only when they have been
consummated, with the exception of those
committed against person or property.
LIGHT FELONIES, DEFINED

Light felonies are those infractions of law

for the commission of which a penalty of
arrest menor or a fine not exceeding 200
pesos or both; is provided.
Art. 8. Conspiracy and proposal to commit
felony. — Conspiracy and proposal to commit
felony are punishable only in the cases in which
the law specially provides a penalty therefor.
A conspiracy exists when two or more persons
come to an agreement concerning the
commission of a felony and decide to commit it.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
GENERAL RULE
• Mere conspiracy to commit a crime is not
punishable.
• Reason: Conspiracy and Proposal to
Commit a Felony are punishable only in
the cases in which the law specifically
provides a penalty therefore.
Cases where mere conspiracy is already
punishable:

1. Conspiracy to commit treason (Art.115);

2. Conspiracy to commit rebellion or insurrection
(Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce
(Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1613.
Cases where mere proposal is
already punishable

1. Proposal to commit treason (Art. 115);

2. Proposal to commit rebellion or
insurrection (Art. 136)
3. Proposal to commit coup d’ etat
RULE IN CONSPIRACY

WHEN THERE IS CONSPIRACY

BETWEEN OR AMONG THOSE WHO
COMMITTED THE CRIME THE ACT OF
ONE IS THE ACT OF ALL.
CLASSIFICATION OF FELONY
ACCORDING TO GRAVITY
Art. 9. Grave felonies, less grave felonies and light
felonies. — Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with Art.
25 of this Code.
Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional,
in accordance with the above-mentioned Art..
Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a fine
not exceeding 200 pesos or both; is provided.
PRINCIPAL PENALTIES
1. Capital Punishment:
• Death
2. Afflictive Penalties
• Reclusion perpetua- 20 yrs.+1 day to 40 yrs.
• Reclusion temporal- 12 yrs.+1 day-20 yrs
• Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs.
• Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs.
• Prision Mayor-6 yrs. + 1 day to 12 years
3. Correctional penalties
• Prision correctional- 6 mos.+ 1 day to 6 yrs.
• Arresto mayor-1 month + 1 day to 6 mos.
• Suspension- 6 mos+1 day to 6 yrs.
• Destierro- 6 mos. +1 day to 6 years
4. Light penalties
• Arresto menor- 1 day to 30 days
• Public censure
ACCESORY PENALTIES
• Perpetual or temporary absolute disqualification
• Perpetual or temporary special disqualification
• Suspension from public office, the right to vote
and be voted for
• Civil Interdiction
• Indemnification
• Forfeiture or confiscation of instrument sand
proceeds of the offense
• Payment of cost
Article 34. Civil interdiction. - Civil interdiction
shall deprive the offender during the time of his
sentence of:
1. the rights of parental authority, or
2. guardianship, either as to the person or
property of any ward,
3. marital authority,
4. the right to manage his property,
5. the right to dispose of such property by any
act or any conveyance inter vivos.
Art. 10. Offenses not subject to the
provisions of this Code. — Offenses
which are or in the future may be
punishable under special laws are not
subject to the provisions of this Code. This
Code shall be supplementary to such
laws, unless the latter should specially
provide the contrary.
SPECIAL LAW, DEFINED

Special Law- a law which defines and

punishes act not found in the RPC
FIVE CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY

1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
JUSTIFYING CIRCUMSTANCES,
DEFINED
Those where the act of a person is said to
be in accordance with the law, so that he
in the eyes of the law is considered not to
have violated the law and is therefore free
from criminal and civil liabilities.
QUICK ENUMERATION OF
JUSTIFYING CIRCUMSTANCES
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.
7. Battered Woman Syndrome
THREE REQUISITES OF SELF
DEFENSE

1. Unlawful aggression.
2. Reasonable necessity of the means
employed to prevent or repel it.
3. Lack of sufficient provocation on the part
of the person defending himself.
2. Any one who acts in defense of DEFENSE OF
the person or rights of his spouse,
ascendants, descendants, or RELATIVES
legitimate, natural or adopted
brothers or sisters, or his relatives
by affinity in the same degrees
and those consanguinity within the
fourth civil degree, provided that
the first and second requisites
prescribed in the next preceding
circumstance are present, and the
further requisite, in case the
revocation was given by the
person attacked, that the one
making defense had no part
therein.
REQUISITES OF DEFENSE OF
RELATIVES
1. Unlawful aggression.
2. Reasonable necessity of the means
employed to prevent or repel it.
3. In case the Provocation was given by the
person attacked, that the one making
defense had no part therein.
Anyone who acts in defense DEFENSE OF
of the person or rights of a STRANGERS
stranger, provided that the
first and second requisites
mentioned in the first
circumstance of this article
are present and that the
person defending be not
induced by revenge,
resentment, or other evil
motive.
REQUISITES OF DEFENSE OF
STRANGERS
1. Unlawful aggression.
2. Reasonable necessity of the means
employed to prevent or repel it.
3. The person defending be not induced by
revenge, resentment, or other evil motive.
Any person who, in order to avoid AVOIDANCE OF
an evil or injury, does not act
which causes damage to another, GREATER
provided that the following EVIL/STATE OF
requisites are present:
NECESSITY
First: That the evil sought to be
avoided actually exists;
Second: That the injury feared be
greater than that done to avoid it;
Third: That there be no other
practical and less harmful means
of preventing it.
REQUISITES OF AVOIDANCE OF
GREATER EVIL

1. That the evil sought to be avoided actually

exists;
2. That the injury feared be greater than that
done to avoid it;
3. That there be no other practical and less
harmful means of preventing it.
Any person who acts in FULFILLMENT OF
the fulfillment of a duty DUTY
or in the lawful exercise
of a right or office.
REQUISITES OF FULFILMENT OF
DUTY
1. The accused acted in the performance of
duty or in the lawful exercise of a right or
office.
2. The injury caused is the consequence of
the due performance] of duty or the lawful
exercise of such right or office.
Any person who acts in OBEDIENCE TO AN
obedience to an order ORDER OF A
issued by a superior for SUPERIOR
some lawful purpose.
REQUISITES OF OBEDIENCE TO
AN ORDER OF SUPERIOR

1. A lawful order has been issued by a

superior;
2. The means used by the accused
subordinate to carry out said order is
lawful
UNLAWFUL AGGRESSION,
DEFINED

Unlawful aggression is assault or at least

threatened assault of an immediate and
imminent kind.
RETREAT TO THE WALL vs. STAND GROUND
WHEN IN THE RIGHT

RETREAT TO THE STAND GROUND

WALL WHEN IN THE RIGHT

An ancient common law rule in A rule which states that where the
homicide which made it the duty of a accused is where he has the right
person assailed to retreat as far as he to be, the law does not require him
can before he is justified in meeting to retreat when his assailant is
force with force advancing upon him with a deadly
weapon.

Not followed in the Followed in the

Philippines Philippines.
PROVOCATION, DEFINED

Provocation- any unjust or improper

conduct on the part of the offended party
capable of inciting or irritating any one.
DEFENSE OF RELATIVES
REQUISITES

1. Unlawful aggression
2. Reasonable necessity of the means
employed to prevent or repel it
3. In case the provocation was given by the
person attacked, the one making the
defense had no part therein.
RELATIVES BY AFFINITY vs.
RELATIVES BY CONSANGUINITY
• Relatives by affinity are those created by
marriage such as parents in law, sons and
daughters in law
• Relatives by consanguinity are relatives by
nature or by blood relations. Siblings are
within the 2nd civil degree, whereas uncle
and niece or aunt and nephew are within
the 3rd civil degree, first cousins are within
the 4th civil degree
DISTINGUISH BETWEEN SELF DEFENSE,
DEFENSE OF RELATIVES AND DEFENSE OF
STRANGERS

SELF DEFENSE DEFENSE OF DEFENSE OF

RELATIVES STRANGERS

1. Unlawful aggression 1. Unlawful aggression 1. Unlawful aggression

2. Reasonable necessity 2. Reasonable necessity 2. Reasonable necessity

of the means employed of the means employed of the means employed
to prevent or repel it to prevent or repel it to prevent or repel it

3. Lack of sufficient 3. In case the 3. The one defending is

provocation on the part provocation was given by not induced by hatred
of the person defending the person attacked the revenge or other evil
himself one making defense had motive.
no part therein
SUMMARY OF LIABILITY

JUSTIFYING CRIMINAL CIVIL LIABILITY

CIRCUMSTANCE LIABILITY
1. SELF DEFENSE NONE NONE

2. DEFENSE OF NONE NONE

RELATIVE

3. DEFENSE OF NONE NONE

STRANGERS
4. AVOIDANCE OF NONE THERE IS CIVL
GREATER EVIL LIABILITY
5. FULFILMENT OF NONE NONE
DUTY
6. OBEDIENCE TO NONE NONE
ORDER OF
SUPERIOR
BATTERED WOMAN SYNDROME

Battered Wife- a woman who is repeatedly

subjected to any forceful physical or
psychological behavior by a man in order
to do something he wants her to do
without concern for her rights. It includes
wives or woman in any form of intimate
relationship with a man. The couple must
go through the battering cycle at least
twice.
BOARD: What are the cycles of violence in BWS?

ANSWER:
a. Tension Building Stage- where minor battering
occurs
b. Acute Battering Incident- characterized by
brutality, destructiveness and death.
c. Tranquil or loving phase- The batterer shows
loving caring nurture to the victim.
d. All of the above
EXEMPTING CIRCUMSTANCES

Exempting Circumstances- are those

grounds for exemption from punishment
because there is wanting/missing in the
agent of the crime any of the conditions
which make the act voluntary or negligent.
QUICK ENUMERATION OF
EXEMPTING CIRCUMSTANCES
1. Imbecility; Insanity (unless the latter acted
during a lucid interval)
2. A person under 9
3. A person over 9 and under 15 unless he
has acted with discernment.
4. Accident
5. Uncontrollable fear
6. Lawful or insuperable cause.
1. An imbecile or an insane IMBECILITY OR
person, unless the latter has
acted during a lucid interval. INSANITY
When the imbecile or an
insane person has committed an
act which the law defines as a
felony (delito), the court shall
order his confinement in one of
the hospitals or asylums
established for persons thus
afflicted, which he shall not be
permitted to leave without first
obtaining the permission of the
same court.
2. A person under nine MINORITY
years of age. (Repealed
by RA 9344)
3. A person over nine MINORITY
years of age and under
fifteen, unless he has
acted with discernment,
in which case, such
minor shall be
proceeded against in
accordance with the
provisions of Art. 80 of
this Code. (Repealed by
RA 9344)
4. Any person who, ACCIDENT
while performing a lawful
act with due care,
causes an injury by
mere accident without
fault or intention of
causing it.
5. Any person who act IRRESISTIBLE FORCE
under the compulsion of
irresistible force.
6. Any person who acts UNCONTROLABLE
under the impulse of an FEAR
uncontrollable fear of an
equal or greater injury
7. Any person who fails LAWFUL OR
to perform an act INSUPERABLE CAUSE
required by law, when
prevented by some
lawful insuperable
cause.
IMBECILE, DEFINED

A person advanced in age but has a

mental capacity equivalent to that of a
child between 2 to 7 years old, which
makes him exempted from criminal liability
INSANITY, DEFINED

One which exists when there is a complete

deprivation of intelligence in committing
the criminal act, that is the accused is
deprived of reason and acts without the
least discernment.
INSANITY AT THE TIME OF THE COMMISSION OF THE
CRIME vs. INSANITY AT THE TIME OF TRIAL

• Insanity at time of commission of crime =

exempted.
• Sane at time of crime but became insane
at time of trial = liable still but trial wil be
suspended.
DISCERNMENT, DEFINED

Discernment- the mental capacity of a

minor to distinguish between right from
wrong and to fully appreciate the
consequences of his felonious acts.
IRRESISTIBLE FORCE

Irresistible force- a force which produces

such an effect upon an individual that, in
spite of all resistance, it reduces him to a
mere instrument and as such incapable of
committing a crime (as a result he is
exempted from criminal liability).
UNCONTROLLABLE FEAR

The exempting circumstance of

uncontrollable fear presupposes that the
accused is compelled by means of threat
or intimidation by a third person to commit
a crime (as a result he is exempted from
criminal liability).
LAWFUL OR INSUPERABLE
CAUSE

This refers to some motive which has

lawfully, morally, or physically prevented
one to do what the law commands (as a
result he is exempted from criminal liability).
ABSOLUTORY CAUSES,
DEFINED

Those where the act of a person is

technically a crime, but because of public
policy, there is no penalty imposed.
ENUMERATION OF ABSOLUTORY
CAUSES UNDER THE RPC

1. Art 247. Death or physical injuries under exceptional

circumstances
2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. Instigation – one which takes place when a peace
officer induces a person to commit a crime. Without the
inducement, the crime would not be committed. It
exempts one from criminal liability.
ENTRAPMENT vs. INSTIGATION

ENTRAPMENT INSTIGATION

1. Ways and means are resorted to for the Here, the police practically induces the
purpose of trapping and capturing the accused into the commission of the offense
lawbreaker in the execution of his plans and he himself becomes a co principal in
the crime.

2. The intent to violate the law originated 2. The intent to violate the law did not
from the accused himself. originate from the accused as he was
induced only by the police to perform a
criminal act.

3. Not an absolutory cause hence does not An absolutory cause that exempts one from
exempt from criminal liability criminal liability
MITIGATING CIRCUMSTANCES

Mitigating circumstances-those which if

present in the commission of a crime, do
not entirely free the actor from criminal
liability but reduces only the penalty.
ENUMERATE THE MITIGATING
CIRCUMSTANCES
1. Incomplete justifying or exempting circumstance
2. Under 18
3. No intention to commit so grave a wrong (praeter
intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.
1. Those mentioned in Incomplete Justifying or
the preceding chapter, incomplete exempting
when all the requisites circumsatnces.
necessary to justify or to
exempt from criminal
liability in the respective
cases are not attendant.
2. That the offender is Minority (under 18 years
under eighteen year of old)
age or over seventy
years. In the case of the
minor, he shall be
proceeded against in
accordance with the
provisions of Art. 80.
(Correlate with RA 9344)
3. That the offender had PRAETER
no intention to commit INTENTIONEM
so grave a wrong as that
committed.
4. That sufficient SUFFICIENT
provocation or threat on PROVOCATION OR
the part of the offended THREAT
party immediately
preceded the act.
5. That the act was VINDICATION OF
committed in the GRAVE OFFENSE
immediate vindication of
a grave offense to the
one committing the
felony (delito), his
spouse, ascendants, or
relatives by affinity
within the same
degrees.
6. That of having acted PASSION OR
upon an impulse so OBFUSCATION
powerful as naturally to
have produced passion
or obfuscation.
7. That the offender had VOLUNTARY
voluntarily surrendered SURRENDER OR
himself to a person in VOLUNTARY
authority or his agents, CONFESSION OF
or that he had voluntarily GUILT
confessed his guilt
before the court prior to
the presentation of the
evidence for the
prosecution;
8. That the offender is PHYSICAL HANDICAP
deaf and dumb, blind or OR DEFECTS
otherwise suffering
some physical defect
which thus restricts his
means of action,
defense, or
communications with his
fellow beings.
9. Such illness of the ILLNESS THAT
offender as would DIMINISHED WILL
diminish the exercise of POWER
the will-power of the
offender without
however depriving him
of the consciousness of
his acts.
10. And, finally, any ANALOGOUS
other circumstances of a CIRCUMSTANCES
similar nature and
analogous to those
above mentioned.
NO INTENTION TO COMMIT SO GRAVE A
WRONG AS THAT COMMITTED

Q: How to determine the lack of grave

intention to commit the offense?
A: Consider the following:
– the weapon used
– nature of the injury
– part of the body targeted
VOLUNTARY SURRENDER

• Voluntary surrender must be made to a person

in authority or his agents
• A surrender is voluntary when it is spontaneous
in such a manner that it shows the interest of the
accused to surrender voluntarily to the
authorities either because he acknowledges his
guilt or wishes to save the authorities the
expenses incurred in his search.
VOLUNTARY CONFESSION OF
GUILT/PLEA OF GUILTY REQUISITES

1. It must be made in open court

2. It must be made prior to the presentation
of evidence of the prosecution
AGGRAVATING
CIRCUMSTANCES

Aggravating Circumstances- are those

which if attendant in the commission of the
offense, would serve to increase the
penalty.
THE 21 AGGRAVATING
CIRCUMSATNCES
1. Advantage of public position
2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of
religious worship
6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premiditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16 Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty
1. That advantage be Taking advantage of
taken by the offender of public position
his public position
2. That the crime be Contempt of authorities
committed in contempt
or with insult to the
public authorities.
3. That the act be Disregard of rank, age,
committed with insult or sex and dwelling of
in disregard of the victim
respect due the
offended party on
account of his rank, age,
or sex, or that is be
committed in the
dwelling of the offended
party, if the latter has not
given provocation.
4. That the act be Abuse of confidence or
committed with abuse of obvious ungratefulness
confidence or obvious
ungratefulness.
5. That the crime be Palace of President,
committed in the palace public places or those
of the Chief Executive or dedicated to worship
in his presence, or
where public authorities
are engaged in the
discharge of their duties,
or in a place dedicated
to religious worship.
6. That the crime be Nigttime, uninhabited
committed in the night place and band
time, or in an
uninhabited place, or by
a band, whenever such
circumstances may
facilitate the commission
of the offense.
7. That the crime be Taking advantage of
committed on the calamity, disaster.
occasion of a
conflagration, shipwreck,
earthquake, epidemic or
other calamity or
misfortune.
8. That the crime be Aid of armed men
committed with the aid
of armed men or
persons who insure or
afford impunity.
9. That the accused is a Recidivism
recidivist.
10. That the offender Reiteracion or habituality
has been previously
punished by an offense
to which the law
attaches an equal or
greater penalty or for
two or more crimes to
which it attaches a
lighter penalty.
11. That the crime be Price, reward, promise
committed in
consideration of a price,
reward, or promise.
12. That the crime be Fire, poison, and other
committed by means of great wastes and ruins.
inundation, fire, poison,
explosion, stranding of a
vessel or international
damage thereto,
derailment of a
locomotive, or by the
use of any other artifice
involving great waste
and ruin.
13. That the act be Evident premeditation
committed with evidence
premeditation.
14. That the craft, fraud Craft, fraud, disguise
or disguise be
employed.
15. That advantage be Advantage of superior
taken of superior strength, weakening of
strength, or means be defense.
employed to weaken the
defense.
16. That the act be Treachery or alevosia
committed with
treachery (alevosia).
17. That means be Ignominy
employed or
circumstances brought
about which add
ignominy to the natural
effects of the act.
18. That the crime be Unlawful entry
committed after an
unlawful entry.
19. That as a means to Broken wall, roof, floor,
the commission of the or window.
crime a wall, roof, floor,
door, or window be
broken
That the crime be Help of person under
committed with the aid age, motor vehicle
of persons under fifteen
years of age or by
means of motor
vehicles, motorized
watercraft, airships, or
other similar means.
. That the wrong done in Cruelty
the commission of the
crime be deliberately
augmented by causing
other wrong not
necessary for its
commissions
UNINHABITED PLACE

UNINHABITED PLACE- one where there

are no houses or where the houses are
scattered at a great distance from each
other
BAND, DEFINED

BAND- whenever more than three armed

malefactors shall have acted together in
the commission of an offense, it shall be
deemed to have been committed by a
band.
Q: When is nightime, uninhabited place and
band aggravating?
A: 1. When the offender took advantage
thereof for the purpose of impunity
2. When specially sought for by the
offender to insure the commission of the
crime
3. When it facilitated the commission of
the crime.
AID OF PERSONS WH INSURE
OR AFFORD IMPUNITY

Q: Robber X and Robber Y robbed a certain

village upon the assurance of the
baranggay tanod that they would not patrol
the village on that night. What aggravating
circumsatnce is present?
A: Aid of persons who insure impunity
RECIDIVIST, DEFINED

RECIDIVIST- one who at the time of his

trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced in the same title
of the Revised Penal Code.
WHAT IS REITERACION OR
HABITUALITY?
He is an offender who HAS BEEEN
PREVIOUSLY PUNISHED FOR:

1. An offense to which the law attaches

an equal or greater penalty or
2. For two or more crimes to which it
attaches a lighter penalty
4 REPETITIOUS OFFENDERS

RECIDIVIST REITERACION HABITUAL QUASI

OR DELINQUENT RECIDIVIST/M
HABITUALITY ULTI
RECIDIVIST

one who at the time He is an offender who Within ten yeARS A PERSON
of his trial for one HAS BEEEN
PREVIOUSLY
THE ACUSED IS AFTER HAVING
crime, shall have CONVICTED OF BEEN
PUNISHED FOR:
been previously
convicted by final
ROBO, HURTO, CONVICTED
judgment of another An offense to which the ESTAFA, SHALL COMMIT
law attaches an equal FALSIFICATION, ANOTHER
crime embraced in or greater penalty or
the same title of the PHYSICAL FELONY WHILE
For two or more crimes
Revised Penal to which it attaches a INJURY FOR SERVING HIS
Code. lighter penalty THE THIRD SENTENCE
TIME.
EVIDENT PREMEDITATION

EVIDENT PREMEDITATION- it involves a

determination to commit the crime prior to
the moment of its execution and also to
carry out the criminal intent which must be
the result of deliberate, calculated and
reflective thoughts through a period of time
sufficient to dispassionately consider and
accept the consequences thereof, thus
indicating greater perversity
Q: What are the requisites of evident
premeditation?
A: 1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination;
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and to
allow his conscience to overcome the resolution
of his will.
CRAFT, DEFINED

CRAFT- is a circumstance characterized

by trickery or cunning resorted to by the
accused, to carry out his design. It is the
use of intellectual trickery and cunning on
the part of the accused.

“ASTUCIA”
FRAUD, DEFINED

FRAUD- insidious words or machinations

used to induce the victim to act in a
manner which would enable the offender
to carry out his design.

“FRAUDE”
DISGUISE, DEFINED
• DISGUISE- it involves the deliberate effort
of the accused to conceal his identity in
the commission of the crime.

“DISFRAZ”
TREACHERY OR ALEVOSIA

There is treachery when the offender

commits any of the crimes against the
person, employing means, methods or
forms in the execution thereof which tend
directly and specially to insure its
execution, without risk to himself arising
from the defense which the offended party
might make.
IGNOMINY, DEFINED
• IGNOMINY- is a circumstance pertaining
to the moral order, which adds disgrace
and obloquy to the material injury caused
by the crime. It is a circumstance that
tends to make the effects of the crime
more humiliating, thus adding to the
victim’s moral sufferings.
UNLAWFUL ENTRY, DEFINED

UNLAWFUL ENTRY- there is unlawful

entry when an entrance is affected by a
way not intended for the purpose.

“ESCALAMIENTO”
CRUELTY, DEFINED

CRUELTY- a circumstance whereby the

offender enjoys and delights in making his
victim suffer slowly and gradually, causing
him unnecessary physical pain in the
consummation of his criminal act.

“ENSANAMIENTO”
FOUR KINDS OF AGGRAVATING
CIRCUMSTANCE

– Generic- generally applies to all crimes.

– Inherent- that must necessarily accompany
the commission of a crime
– Qualifying- that which changes the nature of
the crime
– Specific- Those that apply only to a particular
crime.
ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept (DEFINED). —

Alternative circumstances are those which must
be taken into consideration as aggravating or
mitigating according to the nature and effects of
the crime and the other conditions attending its
commission.
They are the 1. relationship, 2. intoxication and
the 3. degree of instruction and education of the
offender.
The alternative circumstance of
relationship shall be taken into
consideration when the offended party in
the spouse, ascendant, descendant,
legitimate, natural, or adopted brother or
sister, or relative by affinity in the same
degrees of the offender.
The intoxication of the offender shall be
taken into consideration as a mitigating
circumstances when the offender has
committed a felony in a state of
intoxication, if the same is not habitual or
subsequent to the plan to commit said
felony but when the intoxication is habitual
or intentional, it shall be considered as an
aggravating circumstance.
PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. — The following

are criminally liable for grave and less grave
felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
THREE CLASSIFICATIONS OF
PRINCIPALS
• Those who take a direct part in the execution of
the act. (PRINCIPAL BY DIRECT
PARTICIPATION)
• Those who directly forced or induced others to
commit it. (PRINCIPAL BY INDUCEMENT OR
INDUCTION)
• Those who cooperate in the commission of the
offense by another act without which it would not
have been accomplished (PRINCIPAL BY
INDISPENSABLE COOPERATION)
ACCOMPLICES

Art. 18. Accomplices. — Accomplices are

those persons who, not being included in
Art. 17, cooperate in the execution of the
offense by previous or simultaneous acts
ACCESSORIES, DEFINED
Art. 19. Accessories. — Accessories are those who, having
knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the
effects of the crime.
2. By concealing or destroying the body of the crime, or the effects
or instruments thereof, in order to prevent its discovery.
3. (FOR PUBLIC OFFICIALS ONLY ) By harboring, concealing, or
assisting in the escape of the principals of the crime, provided the
accessory acts with abuse of his public functions
OR
(FOR PRIVATE PERSONS ALSO) whenever the author of the crime
is guilty of treason, parricide, murder, or an attempt to take the life of
the Chief Executive, or is known to be habitually guilty of some other
crime.
ACCESSORIES BUT EXEMPTED
FROM CRIMINAL LIABILITY
Art. 20. Accessories who are exempt from
criminal liability. — The penalties prescribed
for accessories shall not be imposed upon those
who are such with respect to their spouses,
ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single
exception of accessories falling within the
provisions of paragraph 1 of the next preceding
article.
JURIDICAL CONDITIONS OF PENALTY

• Must be commensurate with the offense-

different crimes have different penalties under
the law.
• Must be personal- A person should be held
accountable for his own actions. No person
should be punished for the crime of another
• Certain- No person must escape the penalty.
• Legal- The penalty must be in accordance with
the law
JUSTIFICATION FOR THE
IMPOSITION OF PENALTY
• Exemplarity- to serve as an example to others and
deter them from emulating the criminal.
• Justice- Criminal is punished as an act of retributive
justice.
• Prevention- To suppress or prevent the danger to the
State of the acts of the criminal.
• Reformation- Under the modern concept of correction
the criminal is punished in order to rehabilitate or reform
him.
• Self Defense- To protect the society against the threats
and actions of the criminals.
LIFE IMPRISONMENT vs.
RECLUSION PERPETUA
LIFE IMPRISONMENT RECLUSION
PERPETUA

1. does not have 1. Has a specific

specific duration. duration

2. Imposed for violations 2. Imposable generally

of special laws for violations of the
Revised Penal Code.
3. Does not have 3. Has accessory
accessory penalties. penalties.
Q: When may penal laws have retroactive
effects?
A: Penal laws shall have retroactive effect
in so far as they favor the person guilty of
a felony, who is not a habitual criminal (art.
22)
Q: When is fine afflictive, correctional or light
in character?
A: 1. It is afflictive if it exceeds P6000 (1.2M)
2. It is correctional if it does not exceed
P6000 (1.2M) but is not less than P200
(40K)
3. It is light if it is less than P200 (40K)
PREVENTIVE IMPRISONMENT
Q: Explain the concept of preventive imprisonment.
A: Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the full
time during which they have undergone preventive
imprisonment if the detention prisoner agrees voluntarily
in writing to abide by the same disciplinary rules imposed
upon convicted prisoners. Except:
• when they are recidivist, or have been convicted
previously twice or more times of any crime;
• when upon being summoned for the execution of their
sentence they failed to surrender voluntarily.(Article 29)
• Note: An accused undergoes preventive
imprisonment when the offense charged is
non bailable or even if bailable he cannot
furnish the required bail. Now if an
accused does not agree to abide by the
same disciplinary rules imposed upon
convicted prisoners, he shall be credited in
the service of his sentence with 4/5 of the
time during which he has undergone
preventive imprisonment.
CIVIL INTERDICTION
Q: What is civil interdiction?
A: It is an accessory penalty which has the effects
of depriving the offender during the time of his
sentence of the rights of parental authority, or
guardianship, either as to the person or property
of any ward, of marital authority, of the right to
manage his property, and of the right to dispose
of such property by any act or any conveyance
inter vivos.
BOND TO KEEP THE PEACE
Q: What is bond to keep the peace?
A: It is an accessory penalty which has the effect of
requiring the person sentenced to it to present two
sureties who shall undertake that such person will not
commit the offense sought to be prevented, and in case
such offense be committed they will pay the amount
determined by the court in its judgment, or otherwise to
deposit such amount in the office of the clerk of court to
guarantee said undertaking. If the person sentenced fail
to give the bond as required he shall be detained for a
period not exceeding six months if he shall have been
prosecuted for grave or less grave felony, and shall not
exceed thirty days, if for a light felony.
EFFECT OF PRESIDENTIAL
PARDON
Q: What is the effect of pardon (by the
President)?
A: A pardon shall not work the restoration of
the right to hold public office, or the right of
suffrage, unless such rights be expressly
restored by the terms of the pardon. It
shall also not exempt the culprit from the
payment of the civil liability imposed upon
him by the sentence.
PARDON, DEFINED
• Pardon- is an act of grace proceeding
from the power entrusted with the
execution of the laws which exempts the
individual on whom it is bestowed from the
punishment the law inflicts for the crime he
has committed. A pardon may either be a
conditional or absolute.
LIMITATIONS ON THE PARDONING
POWER OF THE PRESIDENT

• Pardon can be exercised only after

conviction;
• This power cannot be extended to cases
of impeachment
• No pardon involving violations of elections
laws, shall be granted without the
favorable recommendation of the
Comelec.
PARDON OF THE PRESIDENT vs. PARDON BY
THE PRIVATE OFFENDED PARTY

PARDON BY PARDON BY VICTIM

PRESIDENT
1. Extinguishes criminal liability 1. Does not extinguish criminal
liability

2. Does not extinguish civil liability 2. Extinguishes civil liability

3. Must be given after conviction 3. In cases where pardon is

by final judgment allowed it must be given prior to
the institution of criminal action
against the accused.
PECUNIARY LIABILITY

ENUMERATE THE PROPER ORDER OF

PAYMENT OF THE PECUNIARY
LIABILITIES OF THE OFFENDER:
• Reparation of the damage caused
• Indemnification of consequential damages
• The fine
• Cost of the proceedings (Art.38)
SUBSIDIARY IMPRISONMENT

Q: What is subsidiary
imprisonment/penalty?
A: It is a personal liability to be suffered by
the convict who has no property to pay the
fine at the rate of one day for each eight
pesos. (Art. 39)
COMPLEX CRIME, DEFINED

Q: What is a complex crime?

A: There is a complex crime when a single
act constitutes two or more grave or less
grave felonies, or when an offense is a
necessary means for committing the other.
(In which case the penalty for the most
serious crime shall be imposed in its
maximum period-Art 48)
TWO KINDS OF COMPLEX
CRIMES

1. When a single act constitutes two or

more grave or less grave felonies-
(compound crime or delito compuesto)
2. When an offense is a necessary means
of committing the other- (complex crime
proper or delito complejo)
CONTINUING CRIMES

Q: What is a
continuing/continued/continuous crime?
A: It is a single crime, consisting of a
series of acts all arising from one criminal
resolution. It is a continuous, unlawful act
or series of act set on foot by a single
impulse and operated by an unintermittent
force, however long time it may occupy.
HABITUAL DELINQUENT

Q: Who/What is a habitual delinquent?

A: A person shall be deemed a habitual
delinquent if within a period of ten years
from the date of his release or last
conviction of the crimes of serious or less
serious physical injuries, robo, hurto,
estafa, or falsification, he is found guilty of
any of said crimes a third time or oftener.
THREE FOLD RULE IN SERVICE
OF SENTENCE
Q: What is the rule on successive service of
sentence?
A: When the culprit has to serve two or more
penalties, he shall serve them simultaneously if
the nature of the penalties will permit so,
otherwise the order of their respective severity
shall be followed so that they maybe executed
successively or as nearly as may be possible,
should a pardon have been granted as to the
penalty first imposed or should they have been
carried out (Art. 70).
Q: What is the three fold rule in the service of
sentence?
A: According to this rule, the maximum duration of
the convict’s sentence shall not be more than
threefold the length of time corresponding to the
most severe of the penalties imposed upon him.
No other penalty to which he may be held liable
shall be inflicted after the sum of those imposed
equals the said maximum period.
Such maximum period shall in no case exceed
forty years.
COMPLEX PENALTY

Q: What is a complex penalty?

A: It 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.( ex.
Reclusion Temporal to Death)
THE THREE DRUG RULE
• Drugs Used in the three Drug-Rule:
– Sodium Thipentotal- induces sleep.
– Pancurium Bromide- paralyzes the muscles
– Potassium Chloride- stops the heart beat
Q: Give the concept of the penalty of destierro.
A: Any person sentenced to destierro shall not be
permitted to enter the places designated in the
sentence, nor within the radius therein specified,
which shall not be more than 250 and not less
than 25 kilometers from the place designated. If
he does he may be held liable for Evasion of
service of sentence under article 157 RPC.
DESTIERRO IS IMPOSED IN THE
FOLLOWING:
– Death or Serious Physical injuries inflicted
under exceptional circumstances
– When a person fails to give a bond for good
behavior (Art. 284)
– Penalty for concubine in concubinage ( Art.
334)
MODES OF TOTAL EXTINCTION OF CRIMINAL
LIABILITY (Art. 89)

• By the death of the convict, as to the personal penalties; as to

pecuniary liabilities, it is extinguished only when the death of the
offender occurs before final judgment.
• By service of sentence;
• By amnesty-an act of the sovereign power granting oblivion or a
general pardon for past offense, and is rarely exercised in favor of a
single individual, and is usually exerted in behalf of certain classes
of persons who are subject to trail but not yet convicted.
• By absolute pardon
• Prescription of crime- the forfeiture or the loss of the right of the
state to prosecute the offender after the lapse of a certain time.
• Prescription of Penalty- the loss or forfeiture of the right of the
Government to execute the final sentence after the lapse of a
certain time.
• Marriage of the offended party under Article 344 RPC
AMNESTY vs. PARDON

AMNESTY PARDON

1. Granted by the President with the Granted by the President alone

concurrence of Congress

2.May be given before or after conviction or Given only after conviction by final
during trial. judgment

3. Usually given to political offnders and a 3. Usually given to common crimes and
group of people single person

4. Looks backwards and erases everything 4. Looks forward

TABLE OF PRESCRIPTION OF
CRIMES
PENALTIES INVOLVED PERIOD OF
PRESCRIPTION
Death, Reclusion perpetua, and 20 years
Reclusion temporal

Other afflicitve penalties, ex. 15 years

Prision mayor and
Disqualifications.

Punishable by correctional 10 years

penalties, ex. Prision correctional,
arresto mayor, destierro
TABLE OF PRESCRIPTION OF
CRIMES
Arresto Mayor 5 years

Libel 1 year

Oral defamation and 6 months

slander by deed

Other light offenses 2 months

NOTE:
• 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. It shall not run
when the offender is absent from the Philippines
(Art.91)
TABLE OF PRESCRIPTION OF
PENALTIES
PENALTY EVADED PRESCRIBES IN

Death and Reclusion 20 years

Perpetua

Other afflictive penalties 15 years

Correctional penalties 10 years

Arresto Mayor 5 years

Light penalties 1 years

MODES OF PARTIAL EXTINCTION OF
CRIMINAL LIABILITY

• By conditional pardon- a contract between the

president and the convict the former will release the
latter upon compliance with certain conditions.
• By commutation of sentence- it is the reduction of the
period of imprisonment of the offender or the amount of
the fine.
• For good conduct time allowance- are deductions
from the term of the sentence for good behavior of the
convicted prisoner.
• Parole- consists of the suspension of the sentence of a
convict after serving the minimum term of the
indeterminate penalty
PROBATION

A disposition by which an person after

conviction is released subject to approval
by the court and supervision of probation
officer.
GOOD CONDUCT TIME
ALLOWANCE
Q: Who gives good conduct time allowance?
A: Director of Prisons.
RA 10592 (May 2013)
"ART. 99. Who grants time allowances. –
Whenever lawfully justified, the:
1. Director of the Bureau of Corrections.
2. Chief of the Bureau of Jail Management
and Penology.
3. Warden of a provincial, district, municipal
or city jail shall grant allowances for good
conduct.
Such allowances once granted shall not be
revoked."
YEARS OF PERIOD OF
GOOD DEDUCTION
BEHAVIOR
1-2 YEARS 5 DAYS PER
MONTH
3-5 YEARS 8 DAYS PER
MONTH
6-10 YEARS 10 DAYS PER
MONTH
11 YEARS AND 15 DAYS PER
UP MONTH
COMPARISON OF OLD AND NEW RULES
ON GCTA

OLD RULES NEW RULES

1-2 YEARS 5 DAYS/MONTH 20 DAYS/MONTH

3-5 YEARS 8 DAYS/MONTH 23 DAYS/MONTH

6-10 YEARS 10 DAYS/MONTH 25 DAYS/MONTH

11 YEARS UP 15 DAYS/MONTH 30 DAYS/MONTH

ANYTIME 15 DAYS FOR EACH

MONTH OF STUDY,
TACHING OR
MENTORING SERVICE.
SPECIAL TIME ALLOWANCE FOR
LOYALTY
Q: What is the special allowance for loyalty?
A: It is a deduction of 1/5 of the period of sentence
to any prisoner who, having evaded the service
of his sentence under the circumstances in art.
158 RPC, gives himself up to the authority within
48 hours following the issuance of a
proclamation announcing the passing away of
the calamity.
Q: What is article 100 of the Revised Penal
Code?
A: It says” every person criminally liable for
a felony is also civilly liable.
SUBSIDIARY CIVIL LIABILITY OF
CERTAIN PERSONS
• Art. 102. Subsidiary civil liability of innkeepers, tavern keepers and
proprietors of establishments- In default of persons criminally liable,
innkeepers, tavernkeeprs, and any other persons or corporations shall be
civilly liable for crimes committed in their establishments, in cases where a
violation of municipal ordinances or some general or special police
regulations shall have been committed by them or their employees.
• Innkeepers are also subsidiary liable for the restitution of goods taken
by robbery or theft within their houses from guests lodging therein, or for the
payment of the value thereof, provided that such guests shall have notified
in advance the innkeepers himself, or the person representing him, of the
deposit of such goods within the inn, and shall furthermore have followed
the directions which such innkeepers or his representative may have given
them with respect to the care and vigilance over such goods. No liability
shall attach in case of robbery with violence against or intimidation of
persons unless committed by the innkeepers’ employees.
.
Art. 103. Subsidiary civil liability of
other persons- The subsidiary liability
established in the next preceding article
shall also apply to employers, teachers,
persons, and corporations engaged in any
kind of industry for felonies committed by
their servants, pupils, workmen,
apprentices, or employees in the
discharge of their duties.
Art. 104. What is included in civil liability-
• Restitution
• Reparation of damage caused
• Indemnification of consequential damage
RESTITUTION
Art. 105. Restitution how made- The restitution of
the thing itself must be made whenever possible,
with allowance for any deterioration or
diminution of value.
The thing itself shall be restored, even
though it be found in the possession of a third
person who has acquired it by lawful means,
saving to the latter his action against the proper
person who may be liable to him.
REPARATION

Art. 106. Reparation- The court shall

determine the amount of damage, taking
into consideration the price of the thing,
and its special sentimental value to the
injured party.
INDEMNIFICATION

Art. 107. Indemnification- Indemnification

of consequential damages shall include
not only those caused the injured party,
but also those suffered by his family or by
third person by reason of the crime.
END OF BOOK 1

TO GOD BE THE GLORY!!!

SOLI DEO GLORIA!!!
GLORIA IN EXCELSIS DEO!!!
Compiled By:
Mr.Makamasa A. Gapit

While Under the Passionate Embraced Of-

Ms. Emma Lee Bunton

This material is heavily Influenced by the writings and teachings of the

following legal luminaries:

(REFERENCES SOURCE MATERIALS and SUGGESTED READINGS)

The Revised Penal Code by:

Justice Luis B. Reyes;
Justice Florenz D. Regalado;
Justices Ramon C. and Carolina C. Aquino;
Prof. Maximo P. Amurao.